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6686
/ld~ Deft Dr. CcvlGGco~ue ~3 to (o Slo be o 11-1-i are- c av~ ~vn oF~ ne .3 ~Si le i/ d~eif szl1o a e ~ ~ 9 side ~0-vek I o-f- C.a v e a 3 ~o f xx/ t! ,Sec • a yo- l ad PH l 0/313 f APl°' eeC l-0) 1-ti i 3 vw 1 L r_ BOARD MEMBERS r3f so Southold Town Hall Leslie Kanes Weisman, Chairperson y0 53095 Main Road • P.O. Box 1179 l0 Southold, NY 11971-0959 Eric Dantes # ~t Office Location: Gerard P. Goehringer G Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider CQpiI 1 Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVE TOWN OF SOUTHOLD 1 ' Tel. (631) 765-1809 • Fax (631) 765-9064 13 SQUthold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION ZBA FILE: 6686 MEETING OF OCTOBER 17, 2013 NAME OF APPLICANT: Donald J. McCallion S.C.T.M. # 1000-116-5-13 PROPERTY LOCATION: 1 100 Dean Drive (aka Beachwood Road) (adj. to Great Peconic Bay) Cutchogue, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 23, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION The property is a non-conforming 22,201 square feet and has 12,083 square feet of buildable area, it is located in the R40 zone district. On the property is an existing Garage which has a lot area of 331 square feet. There is an additional structure on the existing property which has been severely damaged by fire. It has 50.00 feet of frontage on Dean Drive, 293.21 feet on the eastern property line, 116.70 feet on the Great Peconic Bay and 342.62 feet on the west property line. All is shown on a survey prepared by John T. Metzger L.L.S. dated April 24, 2013 and last revised August 27, 2013. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the building inspector's August 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a new single family dwelling at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the total combined side yards of 35 feet, 3) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish and construct a new single family dwelling, on this non-conforming 22,201 square foot lot (12,083 buildable land) in the Residential R-40 district, with a minimum side yard request of 12.9 feet where the code requires a minimum of 15 feet, a total combined side yard Page 2 of 3 October 17, 2013 ZBA#6686 - McCallion SCTM#1000-116-5-13 of 26 feet, where the code requires a total side yard of 35 feet and a lot coverage of 23% where the code permits a maximum lot coverage of 20%. ADDITIONAL INFORMATION: During the hearing a photograph of an old survey of the applicant's property dated August 30, 1971 was presented. The old survey showed that the lot area of the property back in 1971 was 17,800 square feet. The most recent survey of the property shows that the lot area of the property is 22,201 square feet. Testimony was taken that the size of the property increased between 1971 and 2013 because Suffolk County dredged Down Creek twice and both times dumped the spoils from the dredging in front of the applicant's as well as the applicant's neighbors' properties. On January 2, 1969, this property was granted a variance under file 41228 to reduce frontage and area. The agent submitted a copy of the NYSDEC approval and similar variances granted in the area. Additionally, five letters of support where received from neighbors. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 3, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood around the subject property contains many similarly sized houses, some significantly larger than the proposed structure which are placed on parcels similar in size to the applicant's property. The Zoning Board has approved similar variances four times (ZBA file No's 5489; 5711; 5984; and 6585). 2. Town Law &267-6(3)(6)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the over coverage of the lot is a direct result of the significant restrictions placed on the property by the definition of "buildable land." While the property is roughly 22,201 square feet, only 12,083 square feet of that is "buildable land", thereby significantly restricting the size of the house on the lot below what the actual size of the lot would allow. The side yard setback variances are needed because the lot narrows precipitously upon reaching the "buildable land" section of the property. 3. Town Law &267-b(3Nb)(31- The variances granted for the excess lot coverage herein is not mathematically substantial, representing 12% relief from the code. The variance granted for the minimum side yard setback is not substantial and represents a 14% relief from the code. The variance granted for the total side yard setback is substantial and represents a 26% relief from the code. However, the lot is an odd shape and its location bordering the Great Peconic Bay limits the buildable lot area as well as the location where a structure may be built. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty for the relief of the lot coverage limitation has been self-created. However, the difficulty of the relief requested from minimum side yard setback and total side yard setback has not been self-created. The applicant purchased the parcel in 1973 after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, dredging by Suffolk County increased the size of the parcel, after the applicant purchased it, therefore increasing the side yard setbacks required by code. 6. Town Law &267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new waterfront home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of3 October 17, 2013 ZBA#6686 - McCallion SCTM#1000-116-5-13 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural drawings by Suter and Suter Architects labeled Al through A5 dated August 22, 2013 and the survey prepared by John T. Metzger L.L.S. dated April 24, 2013 and last updated August 27, 2013. Any deviation from the survey, siteplan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mimmis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). Leslie Kane Weisman, Chairperson Approved for filing /D/ 41 /2013 SCDHS Ref ND. RIO - 13 -0049 (v PUBLIC WATER) ~~d (O~LLINC WITH (VACANT) A $ q ap D g WOOD SAD) m i ` AREA BUILDABLE O ~B TEL ea ~.nmoI sy ! ° m LOT COVER 12,083 Sq..lf. 7d ~~~I ^ a 5.11 WATER IN 51REE) -Or~t IN m -~I 1 a~niwI n n HOUSE - 1356 sq ff. DECKS, HOT 7 + 'u6 d . 50.00N p ro y Crru. - ass :.e. pECEIVEC '00 GARAGE ;41 '4911. N79'22 w s o 27449. t IT 0s'E m vr AN 2 1 2013 ppoyyy i 2 7 441120a3 • 22.7% S.~ + N ov 11 'LOT AREA 22,201 Sq.fl. BOARD OF AP &OOOE / DIN + 6.5 ~N SURVEY OF PROPERTY NPiSaE 1W O/L AT CUTCHOGUE E'" TOWN OF SOUTHOLD `I 10 r x.' ° 2'E AWA OF O yU i 00 t 9 M •Y•TOr le SUFFOLK COUNTY, N. Y. D Ft LIV 1000-116-05-13 A F ° o ` SCALE.' 1'=90' D " g SUBS IIFACE SEWAGE DISPOSAL "Z O ar c SAPRIL 24, 2013 lO .B'E BY, FISCHETTI, P.E. MAY 8, 2013 (LOC. DECK POST) n min. 1723 HOBART ROAD MAY 21, 2013 (LOC. DECK COLUMNS k ADJ. HOUSES) x = SOUTHOLD, N.Y. 11971 JULY 9 20#3 ( F.L JULY 1t 2013 • JULY 711, 2013 (C CTK)N 6 REVISION) v Z ` AUG. 12, 2013 (rerlsloW 13.6 AUG, 27, 20i6 (revhlons) C1~t 70 t2 ' 0 2t•e' r o y' \A0051 NO DUNE EXISTS ON PREMISES AS 5~ t far PER SUFFOLK ENVIRONMENTAL CONSULTING, INC. COVERAGE OF DEVELOPABLE AREA + 19.4% c 1 D10 N INCLUDING AREA TO EDGE OF GRASS m 0 7.6' E C C: g 01, f s.r: 71. A A > t4.T C 300 eu.yds REOUiREO A F t 7 ~ a n ile m r0 r RAW RUNOFF CONTAINMENT GARAGE 331 sq.ll. 331 • I • 0. 17 • 76.3 e•.Il. C) m m PROVIDE I DRYWELL 6Y~1, deep Wi vol ) 4 A 70 Z 138! sq.l1. 1` fiA / /FV- 11--a 1778 • 1 s 0.17 +265 .ai.I1. v PRovibE 2 DRYWELLS a'Y • 4' deep or Z 6) r y r! equal r ( / TEST HOLE DATA i v m m BY McDONALD GEOSCtENCE EQ r 4/17/13 ~ RUN.Ope ~f1 y9 ~ 1n EL. 57' BROWN LOAM a ~A OAF `'w z Z n 0.5' OF Y T m BROWN aLTY 'AVID sM _ PALE BROWN FINE SAND SP EL. 1.0' WATER 4.7' A -i WATER IN PALE BROWN FINE SAND SP I / 9?• PROP. ELEVATION N II i a'~ -~8 - = PROP. CONTOUR NOTES ALL PROPERTIES WITHIN 150' OF FIRE DAMAGED HOME TO REMOVED LINES ARE OOKEDPTOTY EXISTING CESSPOOL TO BE REMOVED PUBLIC WATER II+ / AREA- 22201SO. FT. TO TIE LINE ELEVATIONS REFERENCED TO N.A.V.D. 1988 REVIEWME S ,,61 ~ oat REVI ~Y ZB'd FLOOD ZONE FROM FIRM RATE MAP SEE DEC MAP NUMBER 36103CO501H SEPTEMBER 25, 2009 /D o1~ e+ ~9 I am familiar with the STANDARDS FOR APPROVAL DATED GZ k j - NEW IO . MET ' j AND CONSTRUCTION OF SUBSURFACE- SEWAGE •Ir32 C -b e-<' DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE ` and will abide by the conditions set forth therein and on the permit to construct. 4 ;.a t The location of wells cesspools & public water shown hereon ore from field observations and or from data obtained from others. 0'S # ANY AL7ERAIlON OR ADDITION TO THIS SURVEY IS A VIOLATION LIC. NO, 49618 OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA 77ON LAW. EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL CER 71FICA T70NS CONI VEYORS, P. C. HEREON ARE VALID FOR THIS MAP AND COPIES 7HEREOF ONLY IF (631) 765-5020 FAX (631) 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P. 0. BOX 909 WHOSE SIGNATURE APPEARS HEREON. -MONUMENT SOUTHOLD, N.Y. 971 T 13-155 1230 i 3~a`" 2 ~Lgti i I I II I I i s s ~ v ~i~ I I 1J I",Ly I CIO 1 01 S ~h _L L I T I T7 j I ~I ~ I ~7 T N V4 OtFaLR i ~s1 - - - _ rni ~dh~K } r UK 2~ ~a ( 2" 2" 14 I TIlt,lt I I H, A. cc F7' ~h I I ~ j `!S~i o i €zl~ . M U .c 1S O 4.1 dl ~I s SCFI~f_~ b~ i ~S S Ti- n n r+r I'Ve, LP ~ ~L..ru CP~zl s S s _ -1 -4 ru CP ZI . -~-L 1 u Lllrk~ If all M / c ILL j3 , ,Q M lp Q1J L1 'lam c~ A-~, F~Y~ P~kooP ~ i s , r Q- ~ M FINAL MAP RECEIVED lei REVIEWED BY ZBA AUG 27 zo» SEE DECISION BDARD OFAPPEALS DATED !.LL / . 8~'~141 ! If1?! / Sn ~1f rc~ 2 a't - o ~ 4 I e ~e ua M. 6 ~Ffr S U T E R AND S U T E R - EEL D E S I G N A R C H I T E C T U R E L A N D S C A P E Av~ tit :tr U7G ,G P A AVVENUE Q r) C T P`6 BO X 17 0 9 124 7ESSU ~EIRUE UOG $,-NY'IT959 'e 6 3 1. 6 5 3. 3 8 7 7 - www.suterandsuter.c FAX 631.653A 6 16 BLOy ~D i ~r-IQ4 i h 11-d~ 22 3116'N 3 ~~N 24~1i ~~4q r~ 1 1 O 3 S _M Z~l o ta' 3 s J i ao ~ v C~ I ~ q il-f M I ISO i j it I W ~ (ZIP 6 CID r - J ~I a h f~~~f---------~__'. I! _ ' n ~,,~S,E ~~4 'S~6n I~ S ' - -TT- h s J +4msl_ s S S 9 M `f~ - ~t elves- _ 9 a -IIT~ a cAlas. ~ 13 Y o' 0 ' OJ S I' FINAL MAP T _ i Wl O U ~ _ I ~ f REVIEWED BY ZB~A At Zr SEE DECISION # ~ BOAR + DATED/_L-7 / 061,3 I I cr ~ / ~tror 3~2t~ ~tror c~tg~a°'~cn "+~r~ tlti~oc uN FLA m Ku12 _M j 3~2cp _xiSt , PST Fc x ,.1 vv 2`qqme N.ew -rc=r~ UQ 1 p~ f1.468 3 026 p s va-,e 8,54 ~ ~ t e1 I • 6-5 DX(M +461774 1 N aAC tf~W 1 * 9Acr V3 1 113 pETrTOe ®WBonlNYDaOeClf oE(~c`I-act~2,4tc i AgC,y j ll ! .5 a m, s~ ' P-siT S U T E R AND S U T. E R ar Tod - - - - - - - 1I I D E S I G N A R C H I T E C T U R E L A N D S C A P E k' • l~l ~ C,4l.L~C3 t~ Ii~JC~ 76078 O~ \ 9 76078 y0~ ` TFOF NE~"ly 1F NE~"~ f l.Q o t~gfit, pE~vr, c~~-c c~o4vt --tiY P.O. BOX 1709 124 JESSUP AVENUE QUOGUE, NY 119.59 631.653.3877 www.suterandsutertom F A X. 6 3 1 .6 5 3 .3 8 7 8 _ . - BtOr' O.OF D1.= cK ' i 4-o" i 4` I 1,} - - rO ~ 21 L~a " o III c s , _ S S 0 S /f I ~ I I S I { I 14- i ~ 4' s 1 a S V LPI ~ I 1 GZI U' ~ 1 a ~J {T11f d 6' e S 4 \ a I l _al an e~ D I i -C© ~I 1 I ~I W S ~ 1 1 _ N ! <Q 11 r 7 e I ~ ~ 7 0 ~ ~~O I c - / A d ISI-r7il" F1 I Q 'M J~ I i I 1 41 eli- C FINAL MAP Au REVIEWED BY ZBA BOAR !.DN 0 4" -AA` -C SEE DECISION # DATED iLZ ,ERR RcH. ~a~aPRO . SO'kr`~o r S U T E R AND S U T' E R D E S I G N A R C H I T E C T U R E L A N D S C A P E 9 a `r~9~Ca I1C-Ltl<3t:1._.U~if.t~ NT9l ' JOQk .P.O. BOX 1709 124 JESSUP AVENUE QUOGUE, NY 11959 FOF 631.653.3877 www.sutermidsuter.com FAX 631 . 6 5 3. 3 8 7 8 i _Lx _ - I s - _J m TTTT I I ~ I i I ~ i cn , ~ 4 M~l I FINAL MAP RECEIVED l9 IQ BY ZBA RECEIVED SEE DECISION # (~XO AUG 27 2013 W I 11 DATED 1LI l 3J DOARDOFAPPEALS i ED Aqc Ell 11 S U T E R AND S U T E R D E S I G N ARCHITECTURE LANDSCAPE sT Pf 9TF 76 ~O QY, E14 rD1 Q1 79-i -122 ~3 s.. P.O. BOX 1709 124 IESSUP AVENUE QUOGUE, NY 11959 631.653.3877 wwwsuteraudsutencom FAX.6 3 1. 6 5 3. 3 8 7 8 l' l f N ~ { ~ / F~~~/ % / l ~ / J \ I J ` J % ~ i I LD ' - i -I i - I it fli I I ~ ;El FINAL MAP REVIEWED BY ZBA RECEIV90 SEE DECISION # AUG 2 7 2013 DATED- I-LL OP APPEALS r - - - r _t SGT l_ot~.-_ _-I-N . H- S . L e Ae, -,;p ~3 m W J y~~FtE RCyi S U T E R AND S U T E R -c~~- ~SFPWt~T Aar~lirFCTCx2Aa- ~Ca `l~' DESIGN ARCHITECTURE LANDSCAPE tU1+Jm-VMISJFZ-UJWI'f'F - EcP. - mG CALL (OKI ~QI S, WI Ilrf - -,QK I i AWL SS C3$AF - s~9rFOF P~ p Eby C712~I P. O. BOX 1709 124 JESSUP AVENUE QUGGUE, NY 1.1959Ol _ - - - - 631.653.3977 wwwsuterandsute[com FAX 6_3I. 6 5 3. 3 8 7 8 WAAL NI 6f1~ Cd1A4S.e5t 1 Lj AUJAA Sccr~EElJDdei R OFFICE LOCATION: ~~OF SO(/lyO MAILING ADDRESS: VJ' Town Hall Annex y~0 l0 P.O. Box 1179 54375 State Route 25 T * Southold, NY 11971 ~WU (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 Q Telephone: 631 765-1938 Fax: 631765-3136 cOUN>•Y LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD 66pp 0to RECEIVEV MEMORANDUM SEP 2 3 2013 BOARDOFAPPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: September 23, 2013 Re Coastal Consistency Review for ZBA File Ref: DONALD J. McCALLION #6686 SCTM#1000-116-5-13 DONALD J. McCALLION #6686 - Request for Variances from Article XXIII Code Section 280-124 and the Building Inspector's August 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a new single family dwelling at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the total combined side yards of 35 feet, 3) more than the maximum code permitted lot coverage of 20%, located at:1100 Dean Drive (aka Beachwood Road) (adj. to Great Peconic Bay) Cutchogue, NY. SCTM#1000-116-5-13 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item T" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The proposed action is not located within the CEHA. The more than the maximum code permitted lot coverage of 20% is CONSISTENT with the LWRP. The footprint of the proposed residential structure is characteristic of the surrounding residential structures. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney n?~g 4v I~`~Ie • • I_Jr COUNTY OF SUFFOLK I -JPiv~ RECEIVED I- Q aAdul ~iCe SEP 16 2013 J~s91((,IIS 130ARDOFAPPEAtg Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment September 11, 2013 Town of Southold ZBA 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Att: Ms. Leslie K. Weisman, Chair Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Swanson, Steve & Beate 6681 Holfelder, Lawrence 6682 Riegel, Richard 6684 Vineyard 48 a/k/a Rose's Vineyard* 6685 McCallion, Don 6686 Flannigan, Edward 6687 Coleman, Suzanne 6688 Donadic, Johnny 6689 Lloyd, Michael 6690 *The Suffolk County Planning Commission does not review applications or make determinations regarding the interpretation of Town Code. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 853-5191 RECEN q ~ AUG 2 7 2013 FORM NO. 3 BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: August 20, 2013 Suffolk Environmental for D. McCallion P O Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated August 14, 2013: For permit for a demolition and re-construction of a new single family dwelling at: Location of property: 1100 Dean Dr. Cutchogue, NY County'fax Map No. 1000 - Section 116_Block 5 Lot 13, Is returned herewith and disapproved on the following grounds: The proposed demolition and construction of a new single family dwelling on this non- conforming 22,201 square foot lot (12,083 buildable land) in the Residential R-40 Dtstriel is not permitted pursuant to Article XXIII Section 280-124: non-conforming lots. measuring 20.000 to 39.999 square feet in total size, require a minimum side yard setback of 15' feet with a total side yard of 35' feet and maximum lot coverage of 20% The site plan shows a minimum side yard setback of 12.9'fcet and total side yard of 26'feet and lot coveraee,o,f gpproximatg(y 23%. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. i~ # ~sa~cea se:oi:s~-~z-ao • • RECEIVED AU6'L? 2013 BOARD OF APPEALS Fee: $ Filed By: ~h Assig mem No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1100 Street Dean Drive Hamlet Cutchogue SCTM 1000 Section 116 Block 05 Lot(s) 13 Lot Size 22201 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 20, 2013 BASED ON SURVEY/SITE PLAN DATED August 12, 2013 Applicant(s)/Owner(s): Don McCaiilon Mailing Address: 9 Pinecone Lane, Southboro, MA, 01772 Telephone: (508) 654-1386 Fax: Email: NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Bruce A. Anderson forw~wnet]Other: Address: P.O. BOX 2003, Bridgehampton, NY, 11932 Telephone: (631)537-5160 Fax: (631)537-5291 Email: Bruce@suffolkenvironmental.com Please check to specify who you w correspondence to be mailed to, jr a above names: _j§fi W4 FlApplicant/Owner(s), Authorized Representative Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED July 31, 2013 and DENIED AN APPLICATION DATED August 14, 2013 FOR: H Building Permit Certificate of Occupancy O Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: xxlli Section: 280-124 Subsection: Type of Appeal. An Appeal is made for: QA Variance to the Zoning Code or Zoning Map. 8A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section Reversal or Other 2 , A prior appeal has, X has not been made at any time with resoect to this Property, UNDER Appeal No(s). CZ Year(s). G (Please be sure to _ research before completing this question or call our office for assistance) • Same of Ovvner: 7t3A RECEIVED REASONS FOR APPEAL Ladditiortnl sheets rnav be used with nreuarer'S signature)' A" Z Z~j3 IRE I I ARI iNC RE.ISO.NS: BOARDOFAPPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The neighborhood around the subject property contains many similarly sized houses, some significantly larger than the proposed structure. Therefore, no undesirable change to the character of the neighborhood is foreseen. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The over-coverage of the lot is a direct result of the significant restrictions placed on the property by the definition of "Buildable Land". While the property is roughly 22,201 square feet, only 12,083 square feet of that is "Buildable Land", thereby significantly restricting the size of the house on the lot. The side yard setback variances are requested because the lot narrows precipitously upon reaching the "Buildable Land" section of the property, thereby necessitating a variance for side yard setbacks. (3) The amount of relief requested is not substantial because: The relief requested is not substantial because the requested variances are substantially less than 50% of the required figures. The proposed lot coverage is 22.7%, where 20% is required, the side yards are 12.9 and 13.1 feet respectively where 15' is required, and the total side yard is 26 feet, where 35 feet is required. (a) The variance will NOT base an adverse effect or impact on the physical of- environmental conditions in the neighborhood or district because: The house on the property has existed for many years without adverse effect on the physical or environmental conditions in the neighborhood. Furthermore, the current dwelling on the property is irreparably damaged by fire. Therefore demolishing the existing house and replacing it with a new one will have a positive effect on both the physical and environmental condition of the neighborhood. (S) llas the alleged difficulty been self-created? EIFes, or FV PNo. Are there Covenants and Restrictions concerning this land: Fv-(]No.F-]Yes (p/eawLurnish coat). This is the DHNINIU31 that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the connmtmih-. Chet-A- rhi.s box 0 IF A USE I ARI I.NY'/i 1S BEING RECIVESTED, A.ND PEEASE COMPLETE TINE 17Y AC/I ED FSE 1 I R/. I NCE SIlEET: (P/,¢s h(c.~5~~'r to run.ar roar a torte ) Signature of Appellant or Authorized Agent I.\;,,ent most submit written lntho -mition from Owner) Sworn to b},,fore me Ms 27T1 Aac of /VIQ- U N :uc tblic Matthew D [vans Noiz. F UI I",- York rvo t~ 0~ ~£i2 O1'zl `eC S 'o t CAunty COmm sslr r [x,, t January 22, 20 RECEIVED APPLICANT'S PROJECT DESCRIPTION Huu L 7 ZQ~3 (For ZBA Reference) Applicant: Bruce A. Anderson Date Prepared: 8/23/13 BOARDOFAPPEALS 1. For Demolition of Existing Building Areas Please describe areas being removed: The existing home has been irreparably damaged by fire, and will be torn down. ll. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Complete New Home: See attached survey and building plans for specifcs Dimensions of new second floor: Complete New Home: See attached survey and building plans for specifics Dimensions of floor above second level: N/A Height (from finished ground to top of ridge):18'11 7/16" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 3'6" above grade 111. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The existing house has been irreparably damaged by fire. Originally it was a 1 story house with attached deck. Number of Floors and Changes WITH Alterations: The proposed house will be a 2 story single family dwelling with attached deck. Please refer to the provided survey and building plans for project specifics IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1950 Sq.Ft (Fire damaged house, deck, and garage) Proposed increase of building coverage: 760 sq.ft. Square footage of your lot: Total Lot Area : 22,201 Sq.Ft. Buildable Land: 12,083 Sq.Ft Percentage of coverage of your lot by building area: 22.7% V. Purpose of New Construction: To demolish the existing fire damaged dwelling, and replace it with an enlarged single family dwelling VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The upland area of the property is fat. Where the turfgrass ends, it begins to slope down to the beach. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RMESMm A466 2r7;-2M3 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION u A. Is the subject premises listed on the real estate market for sale? IDYes _ZNo B. Are there any pro osals to change or alter land contours? MNo Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? Yes 2.) Are those areas shown on the survey submitted with this application? Yes 3.) Is the property bulk headed between the wetlands area and the upland building area? Yes 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Will apply after ZBA determination. and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist. Or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcel Single Family Residence and the proposed use Single Family Residence . (ex: existing single family, proposed' same with garage, pool or other) Z4 ~IZ ~l S Author' ed signature and Date RECEIVED AUG 2 7 2013 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS BOARD OFAPPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: Bruce A. Anderson 2) Address of Applicant: P.0. Box 2003, Bridgehampton, NY, 11932 3) Name of Land Owner (if other than applicant) : Don Mccalllon 4) Address of Land Owner: 9 Pinecone Lane, Southboro, MA 5) Description of Proposed Project: The applicant proposes to demolish the existing fire damaged dwelling on his property and construct a new 2 story single family dwelling with adjoining deck. 6) Location of Property (road and tax map number)': 1100 Dean Drive, Cutchogue, NY 7) Is the parcel within an agricultural district?l No ?Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? I± Ito ?Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. A/ A/ Si ature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 • • RECE1116 Au Town of Southold BOARD Op APPEA Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATM: B.C. K a: THE FOLLOWING ACTIONS MAY EEgUIRE THE GUBMIBSION OF A (0 1000- 116 - 05 - 013 '110rcr 1111099- -=W- Tar- C SCOPE OF WORK - PROPOSED CONMUCTMON ITEM # / WORKASSESSMENC Yes No a. What Is the Told Area d Me Project Parcels? 1 WE Oft Project Retain M StormWaler Run-Off (kalme TOW Area of all Panxds located within 0.32 acres ± Generated by a Two (27 inch Rainfal on SRN? the Scope of Work for Proposed Constnrctim) a (s.FnAwp) (This hem will Include SM rurn-Off created by she X b. What is the Total Area of Land Clearing . clearing andfor ConebuWon sclivitles as well as al and for Ground Disturbance for the proposed < 0.2 acres Site Improvements end the permanent Creation of Impervious surfaces.) Conetnrdton activlyt (SP. I ARM) Z Does the site man anNa Survey show M Proposed PROVIDE BRIEF PROJECT DESCRIPITON n+a w AerbW Ppr awerbdl Drainage Structures Indicating Sin E Location? This a Item Shan Include all Proposed Grade Charges and X - Applicant proposes to replace the existing Slop" Controlling Surface Water Flow. Dwelling & Decking lost to fire damage with a 3 Does the SRO Plan andior survey describe the erosion X Q proposed reconstructed Dwelling (1, 440 sq. ft. and sediment control pnxuoesMetwill beused to control ale erosion and storm water discharges. This 9footprinf), Front Entry & Porch (290 sq. ft.), Item must be maintained throughout ft Emke Decking (590 sq. ft.), Hot Tub (64 sq. ft.), new Construction Period. Sanitary System and Fill (300 cu. yds. all to 4 Will this Project Require any Land Filling, Grading or be located a minimum of 120.0' ± from the Excavation where there is a charge to tir Natural X Existing Grade Involving more Ow 200 Cubic Yards _ landward edge of tidal wetlands (MHW . Please of Material within anyParcel? refer to the attached Survey for all proiect 5 Will this Application Require Land Disturbing Activities Q X specifications. Endwmpassi g an Area in Excess of Five Thousand -(5,000 S.F.) Square Feet of Ground! Surface? 6 Is there a Natural Water Course Running through the Site? Is this Project within the Trustees joisdedon - General DEC XWPPP Rawr«mnu: or within One Hundred (100') fed of a Wetland or Subnaabn of a SWPPP is reputed br as Censm cbm activities kvaNtg ed Beech? dabwbanws oone (1) amore scree: kOx tp disturbances of ass gun one acre ma 7 WE litre be She preparation on Existing Grade Slopes are pen of a weer co n= pan Rut we ultimately dbaxb a e cr mac acre of and: which Exceed Fifteen (15) feet of Vertical Rise to ? X txxudna Comuureon actlvttles awMng sal dwabanw of ass sun one (1) Roe when One Hundred (tar) of Horizontal Distance? - the DEC he detearied sw s SPOES pemit Is reputed be" m wid rdadnerpes. (BWPPPY Sup wee Rr awhbrm a ilnmatw of du SPDES Genseet Permit 8 Will Driveways, Parting Areas or other Impervious for Sam Weser Olednraas Ran canstrrnctian sctiviq • Perms Nu OPa-teaot.) Surfaces be Sloped to Direct Storm-Water Run-Off r-1 X 1. The SWPPP gas be prepared Prkr b me saanpal of se Nor. The Na ens be Into an ifor in the direction of a Town rigd-of-way! euarad to the Deparmm Prior b On wrmencermd of mnabud{m advity. 2. The SWPPP Rae d- - -D the era.bn and sednent ow*d paolkat and where 9 WE uds Project Require the Placement of Meterbl. ronu. pagtowewJlah Mb m ww mwftwmne peaks. tat wB a umd ardor Removal of Vegetation ardlior the Construction of any wwb dad to ndae the paidanb k Ram waw dadrryes and b ease Bern Within the Town Rig"-Way or Road Shoulder - - wmplancewMthateweadecrdaarolMbpe, In 'a' n, tlu SWPPP anti Area? m+.a»we tartewsastwarraonvvewM.+t taeapy polantW sources of pollution which may reasoneW be expected to aged sr gway d swm waardadwees. NOTE: NAny Amaer w (besesone One *woman dim Is Answered Aft e Check Mark 3. AN SWPPPS set requte dr pcsl a don Sim WOW nerwownwit Fneew In a Box and to oemawctim she d iketes w he sawae $.ON BY. a I Acre In are, conponwx shtlapapradbyaquaRlad Deso PrdnBaWLkwoMin New Ywk aeww~Wdw, OrpnB,tkainge a Erasion Central Pan Is Repiwi by am Tawd nW Is kraadgeaMa In ar pkdptes and predfwe of Sim Wabr aw apartaM. Bedhatd WW Uu loo $ubmSad wR.vl.w Pdarea arrrre aAny lluadrna Pawed ltIOTE: ACtrwkaak(#J wWWAnlaen aw eedr ouwaor IS A I bra Drrra. Application) S-I'ATE OF NEW YORY, SUFFOLK CBRUCEA AANDERSON @ SUFFOL........... SS 71hat 1 . ENVIRONMENTAL CONSULTING, INC. being duly sworn, deposes and says that he/she is the applicant for Permit, Mrw d Mvauel eigip Daumn) And that hoshe is the AGENT ...........................................acbr.. ...W...................................................................... (owr. Cerrsada , Agent. tbnporsteporata Officer. et) Owner and/or representative of the Owner or Owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed herewi Sworn to before me this: fin ~u ~7 ....d O ..~0'. J d ""~rl'a{iF~v U.-Tv9ns " Notary Public: 1of P!cm' York e)............... n'r, c,iv5653s5e a ...APpedere) (slan.nx. et Ali! t FORM - 06110 Commission Expires January 22. 20 f 0 RECEIVED669~ APPLICANT TRANSACTIONAL DISCLOSURE FORM AUG 2 7 2013 (FOR SUBMISSION BY OWNER and OWNER'S AGENT) t30AR0 OF APPEA(,S The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: Anderson, Bruce A. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone 0 Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES No 0 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: William Price Title or position of that person: Justice Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); Q B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); 0 C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Brother-in-Law Submitted th's Z76 d of_A 3. SA-- Signature PrintName:$.yu. A. Aowt.,joq APPLICANT • RECEIVED TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) AUG 2 7 2013 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town 9iMBD OF APPEALS and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: MCCBIIIon, Don (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO 0? Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); Q B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submittedt ' y Signature: Print Name: Alh 0 • --~-lOb~~ 14-16-4 (9/95)-Text 12 617.20 R,µ4.HN~l PROJECT I.D. NUMBER Appendix C C~.000i1iYYYCCCI~~J~ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM AUb 2 9 2013 For UNLISTED ACTIONS Only 30ARD OFAPPEALS PART 1- PROJECT INFORMATION To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. McCALLION Property 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 1100 Dean Drive; Cutcho ue, New York - SCTM 1000-116-05-013 5. IS PROPOSED ACTION: E New ? Expansion ? Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to replace the existing Dwelling & Decking lost to fire damage with a proposed reconstructed Dwelling (1, 440 sq. ft. footprint'), Front Entry & Porch (290 sq. ft.), Decking (590 sq. ft.), Hot Tub (64 sq. ft.), new Sanitary System and Fill, all to be located a minimum of 120.0' ± from the landward edge of tidal wetlands (MHW). Please refer to the attached Survey for all project specifications. 7. AMOUNT OF LAND EFFECTED: Initial) <0.2 acres Ultimate) < 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes E No If No, describe briefly Due to the "Buildable Land" lot area, as well as the precipitous narrowing of the lot where the building envelop exists, a coverage variance as well as a side yard variance are required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? EResidential ?Industrial ?Commercial ?Agriculture ?Park/Forest/Open space ?Other Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? E Yes ?No If yes, list agency(s) and permit/approvals Suffolk County Department of Health Services Wastewater Permit; Town of Southold Wetlands & Building Permit. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes E No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes E No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: a . Ivans Date: -July 10, 2013 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II- ENVIRONMENTAL ASSESSMENT To be completed b Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. ? Yes ? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ? Yes ? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain bdefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long tens, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ?Yes ?No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? Yes ? No If yes, explain briefly PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c ) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ? Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different From responsible officer) 2 RECEIVED Town of Southold AUG 2 7 2013 LWRP CONSISTENCY ASSESSMENT FORM BOARD OFAppEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 116 05 013 The Application has been submitted to (check appropriate response): Town Board ? Planning Dept. ? Building Dept. ? Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ? (b) Financial assistance (e.g. grant, loan, subsidy) ? (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to replace the existing Dwelling & Decking lost to fire damage with a proposed reconstructed DwellinV (1, 440 sq. ft. footprint'). Front Entry & Porch (290 sq. ft.), Decking (590 sq. ft.), Hot Tub (64 sq. ft.), new Sanitary System and Fill (3oo cu. yds. all to be located a minimum of 120.0' ± from the landward edge of tidal wetlands (MHW). Please refer to the attached Survey for all project specifications. Attach additional sheets if necessary Location of action: 1100 Dean Drive: Cutchoeue, New York ~Ef Site acreage: 0.32 acre ± n"Gz7 poll Present land use: Residential 80ean pr*pPE4E.5 Present zoning classification: R - 40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: DONALD McCALLION (b) Mailing address: 9 Pinecone Lane; Southboro. MA 01772 (c) Telephone number: Area Code ( 508 ) 485 -1015 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ? If yes, which state or federal agency? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ® Yes ? No ? Not Applicable As indicated within Policy 1 "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in o loss of the community and landscape character of Southold this proiect is a proposal to replace an existing Dwelling & Decking lost to fire damage with a new Dwelling & Decking all located within an almost entirely developed neighborhood. The proposal. as designed, will not result in any adverse effects to the surrounding environment in that the project will simply replace existing structures that have existed harmoniously hereon for over fifty (50) years without any form of adverse impact to the surrounding community. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ® Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of ftteft See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria AUG 2 7 2013 U ® Yes El No El Not Applicable BOARD pFAPPEe'~ Subject proposal will not adversely impact the visual quality of the surrounding area in that the subject parcA t~as already improved with an existing single-family dwelling which has not impeded visual quality or the value of local scenic resources. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ® Yes ? No ? Not Applicable The proposal is for the reconstruction of an existing Dwelling & Decking that were lost due to fire damage. These original structures, as well as the reconstructed structures, will be a minimum of 120' from the Mean High Water Mark, and will be above the 8.0' elevation contour. Further, the original structures have existed hereon of over fifty (50) years without loss of life, structures and natural resources from flooding and erosion. Therefore, we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ? No ? Not Applicable As a result of reconstructing the existing structures damaged fire, a new sanitary system will be installed which is to meet Suffolk County Department of Health Services criteria. Additionally, all roof runoff will be contained within dWmells to eliminate the potential for surface runoff into neighboring - surface waters. Consequently, this project complies with this Policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria ® Yes ? No ? Not Applicable Again, all proposed activity is to take place a minimum of 120' from the landward edge of tidal wetlands, fully conforming with the requested wetland setbacks of the Town of Southold. Further, the original structures have harmoniously existed hereon for over fifty (50) years without any form of adverse impact to the surrounding ecosystems. Finally, because the project will result in a fully SCDHS conforming sanitary system, the overall environmental condition of the property will increase. Consequently, this project complies with this Policy. Attach additional sheets if necessary • • RECEIiIED/_/_t7~ AUG 2 7 2013 15 30ARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ? Yes ? No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria ? Yes ? No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria ? Yes ? No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary • RECEIVED 66g AUG 2 7 2013 BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria ? Yes ? No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ® Not Applicable This proiect is not applicable to this Policy. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Suffolk, Environmental Consulting, Inc. Newman Villa"'e, Suite F, 2322 Main Street, P.O. Box 2003, Bridgchampton, New York 11932-2003 (631)537-5160 Fax: (631) 537-5291 Bruce Anderson. M.S., President HAND DELIVERED August 27, 2013 ~E i`u EC Ms. Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals 1 A~~ ~ ~ 2013 P.O. Box 1179 Southold, NY, 11971 BOARD OF APPEALS Re: McCALLION Property Situate: 1100 Dean Drive, Cutchogue, NY SCTM#: 1000 - 116 - 05 -013 Dcar Board Members, This Firm represents Mr. Don McCallion, owner of the above rclcrenced property, who is seeking variance relief in order to replace the existing single family residence on Iris property. Accordingly, please find originals and nine (9) copies of a complete applications package containing the following items: 1. Town of Southold Building Department Notice of Disapproval, last dated August 20,2013; 2. Town of Southold Zoning Board of Appeals Application; 3. Town of Southold Zoning Board Questionnaire; 1. Applicant's Project Description; 5. Agricultural Data Statement; 6. Transactional Disclosure Forms for both Owner and Agent 7. Owner's Endorsement 8. Town of Southold Short Environmental Assessment Form; 9. Town of Southold Local Waterfront Consistency Review Assessment Form; 10. Town of Southold Property Record Card; (Mg RECEIVED AUG 2 7 2013 11. Location Map of subject property; s0ARDOFAPPEALS 12. Photos of the suhjccl property; 13. Floor Plans and Elevation, prepared by S'ulcr& S''wei-Architects, last dated August 22, 2013 1~1. Survey of subject property; prepared by Pcconic Survef°ors, PC' on August 27, 2013 15. Check made payable to the 'town of Southold to cover the requisite application fcc. Kindly commence the review of tic enclosed application submission and schedule the matter for the next available hearing date Should you have any questions or concerns, please feel tree to contact this office. Thank you as always for your attention and consideration. Sincerely, Jamcs F. Laird attached 0 • RE~EIV OWNER'S ENDORSEMENT AUG 2 7 2013 (TO BE SIGNED IF APPLICANT IS NOT OWNER) BOARD OFAPPEALS STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: Don McCallion being duly sworn, deposes and says; I reside at: 9 Pinecone Lane, Southboro, MA, 01772 In the County of Worchester and the state of Massachusetts and I am the (owner in fee) (officer/agent of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized. SUFFOLK ENVIRONMENTAL CONSULTING, INC. to make the foregoing application as describ herein. Signature Signature If Corporation, name of corporation and Officer Officer's Title Befth' ZLf6*'day of LJGV 201 otary Public Mztihew D. (vans Notu,: P ,l,' o? Ney+ York Nn 01I'deU5389 OualifieC in Suffolk County Commission Expires January 22, 20 / • FORM NO. s • TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Town Clerk's Office A(lG 2 7 ZOf3 Southold, N. Y. BOARDOFAPPEALS Certificate Of Occupancy N44211........ Date April _4....., 19.7.1. THIS CERTIFIES that the building located at . PQOOW90!, .44............ Street Map No.. XX Block No. ..7X Lot No...Xl~.. ~ZUtvhQC ie.... N.~t conforms substantially to the Application for Building Permit heretofore filed in this office dated ...........Nev. ..23.. , 19.79. pursuant to which Building Permit No... 50.7.07- dated Elev...25...., 1970 was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .....Private..one. fami13:.dwelling . The certificate is issued to J.9..MOCs.llion •d. ".iSe...... Owners • . • • • • • . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N..R. House # 11 00 Ders Dr i Building Inspector FORM NO. H TOWN OF SOUTHOLD BUILDING DEPARTMENT CEIVED TOWN CLERK'S OFFICE SOUTHOLD, N. T. AU& 2 7 2013 DOARD OFAPPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 5070 Z Date .........................WVS=1%g ,f..,19.... 70 Permission Is hereby granted to: C•••Dr1o~ ski ....0..~iarry..ICa111oa. t Miff CaT.eLa~u to &WA..An...A~~~tiiac..>k..ma~a.. a1i~> ILtimaA..oa..Iax" .."a.A;w...... at premises located at MAW..Rxf..N.4...WiIM-0.A01AU.,fA..... ()kfI1KR .;MjFt a) .....................................fur .......t4. pursuorA to application dated .iQ?........ M 19...75., and approved by the Building Inspector. Fee $s:~Q . Building Inspector RECEIVED 1111 7 20i3 McCALLIONProperty l10APQ/OFg,,S Situate: 1100 Dean Drive; Cutchogue, New York 6 SCTM#: 1000-116-w-013 SUBJECT - „„„Rn PROPERTY pe onic na"` shaft., .SgY!!+~ NaM Hanlji CutUaqua stallm /RRI} waerv~Re C F'.tf31!Ff y~ x ; utd'°gue '`f?~Reg~;-xy: baD+ipHUf a4Y aB New Sueolk x : Sig MaiboY.. Manduck WCe tandma ,.e ~ ya& S NotMVMle NOyac laurai NRk YuN Rr-0rnc ~i iyy } Ixlard Pa\ q° S n S S yr lemesport Rsd" ~ eat ~ 8 Nivttbead iy F er Sarth iarrceppit 6riff 'Vet4a±t;lt9rJ~ NnBex 'saro ,aat~ Brdgeliimpton wm` iwaan North Sea ; K » aywa FFMYNS Wy SOY SW Flawen Southport x; P--m. PwY A ~ Lon96Wnd ~ ~ RuhMn -CaEL C~ !d S U F f p M long bland SUBJECT PROPERTY SVo/kq~P o Y m O 0 E c s~`¢¢ New Suffolk Ave o 9 O A ~P ~d7 D °bo4 p a c !7 ~ 06 R B me.asa o. ~ ia. f•` i r O[g7kk R'ntRk a ~ ~tx s Pdr4 E*~ r Ayp pave ry zx s ,nnft Ian, '~~CENED u 2 7 201,, McCALLION Property 30ARD OF APPEA Situate: 1100 Dean Drive; Cutchogue, New York SCTM 1000-116-05-013 (Photo lakedt oit July 12, 2013) p.. r Vtp{ 9 i - - +jr F i 1rl~1n~'.3~ Q'r ~~~r.:. ~ J •"r.S a ~~s ..:'r •G 4a t •3' ~ : + t ~1 . _~Arre ° ~E}°<. Mr rt'16' ,n"•• ° Wa°~°'4 nr N v v tla x g~ y .d a i Photograph indicating the staked out location of the proposed Sanitary System within the northern half of the property, and the existing fire-damaged Single Family in the background. Photograph taken from the northern section of the property, facing south towards Great Peconic Bay. i McCALLION Property ~6,v~ Situate: 1100 Dean Drive; Cutchogue, New York =EIVED SCTM 1000 - 116 - 05 - 013 (Photo lake?t oar Aly 12, 2013) 1AU6 2 7 2013 ,'rt e° ~sb~CSi Y fie, ,~x - f a i .fr , AA '4` 1id~t ?"lr 7~i;t ~ t~~ ~ dR , i ~j 'tl~~'. s - > s ff' ' J~ g~5 dgiln ,j~ ~ ,~gt t c y~pga r J 7 e~ 7.t ~ + 1r,w itr } ~(C .x+ : R-- ,.~I '6~ J f 'AWN = . r@~ xMyc' s~1jf {ii: .ij 6,p 7" 4 C k6 r b• xO t L "v vP p(.i. ' ~.f. ~ ~ : i.: • L.i. ,gyp a j !J a a~*se x Ji m ,a ` H v r •i" f~ i k• d ''''''~~77CC v x, ~.d~ f M1 ~".J, w+4. 31 ' ~ra'!~F" sr rF-- e :'t. ,P;y • ~ ~ A!',. 7. ~ live Photograph indicating the staked out location of the proposed Decking within the central section of the property. Photograph taken from the eastern-central section of the property, facing west towards the adjacent property to the west (n/o/f Mears Couse, LLC). i .sc~rv~ McCALLION Property 7 20i3 Situate: 1100 Dean Drive; Cutchogue, New York - C1117 A PEALS SCTM 1000 - 116 - 05 - 013 (Photo take?i ou Jug y 12, 2013 V (O b 'Ilk s bw } ~r _ .a EMI, m 0T+ ,r y .x t ; r ;Pa a - Tv t r 1 r f w 'i~ A."}{§t • 'ti , a veV z ~ f47~ ; 7 t61 ~ro Photograph indicating the staked out location of the proposed Decking within the central section of the property. Photograph taken from the western-central section of the property, facing east towards the adjacent property to the east (n/o/f Suter Qualified Personal Reisdence Trust I & II). I McCALLIONProperty"EIVED Situate: 1100 Dean Drive; Cutchogue, New York SCTM 1000 - 116 - 05 - 013 Z 2~7 (Photo taken on Jnly 12, 201,3) BOARD OF APPEALS is Co ?!l?Sp ®Q?~4?i'~ `~'~r~~'~~~ 1~~Gv~ Sg~iOr+!?~0#, ~+.~e issf?f?f of o`®~'~~~~f?~?.~~ ~r oar; . ~?i fr'9f E~,"I"~+~ & 4 , y ~f*cf ?ifr~r?f? ~f< f S4r ~lf?~+~~?~?~~~ l 414 MI W- W'i~ ~maf~f~', ~ '0. w~r1f•~.-_.. ~ ~OZ tyt F~. 'I, " 4_40W q'~: :y ' .r°' - '7rA~~ v. 'Pti=. 9t r r.~ ' I ° r 'Oil ~,A ~ 1 .Y<f~ ~ v . qua '~,,~`r4 ~ y ° i d ~ • ~ +c~S,~ ? mot' ~ t ? grr ~ ~~~r~~ ~ .V! `c~r i1 . z ?V / l . ~ A t <"i ` y . ,r cfs~sryM'~a~.. ~n r~wi `pf$ < ,~l,. Jr rte, tg',' ¦ Z. ~ ~ i , .i• . F f ( T~•,Rj ~ _ L i ~ I. 9 WC t~~ < ,f 1 "'y ? r r.F'~~ / s 4` 5 a A' T ~ ~ ,0? ¢ ~l ~1 ~ N'in •T~ ~Y A f 4 , i `iii 1 t 4 V n d r c 4~ T t~ r~~+t A r+ ~j~ t • 4l' .'Y•, fa ,,r y ,i i • r~ ,a -q r,D , ~l b - A'- 9 , s r„e sy4r f f l , i~ 5 K l9 . i s$ ,4i £ s' Jar 'ra `h x ~A ~~a•. Y r~ ~ ~ _ ~r~'~~~ ° }fit n{ rya -i ~s~ ~~i. Photograph indicating the staked out location of the proposed Decking within the central section of the property. Photograph taken from the central section of the property, facing north, towards Dean Drive. i McCALLION Pro , EIVED Situate: 1 loo Dean Drive; Cutchogue, New York SCTM 1000 - 116 - 05 - 013 4' J I 7 2013 ' (Ph0M 1,1Ifol 0»t 11111\ 72, 201,3) ML ~4t C ~ i Zia ff \('~"0~ V ~ ~ k~ ~y Yom... 47 1rr j r ' ~@~ V Ae~;d + \ .rk v°~~ R .',f{, ~ ~ `,,9~ ~ ! ~ Y w Y 1ri d' r e,~}. gy rdk~g}Rq ~ ,4y w~,+` K t r'p' + a; g ~ g ~'q 4. .t + {d£°,. lr~(, ,V ise "AF'Al~ 4`"i'~fj~r~Ff f) pw `111. y. b, •!'rih7 .d^... E' f~. b a 4 + • rk ~r~ . ~a gap v4 v. .q.St O'y(~ (a'k s `~,a \ ~ S ~t 1~'.f ~ t+• ve. r`y t 6r ~ ' : ti°Y. Z D d x. r ,C^ } r > + ''~itCn ~,,J 111 } ! F 7 p~}, ug a'b~. W. fi4,` :f ,~J `Y'I." 'i * ,v, ~'e 1. } /t tr xE SAi -iyti C 7+`Q.7 f :,.t~..? r''~i J fie.*r o16a ` _ Yb6~ r a h + Vr S.. Y.11 1s'~~ i rv +++i! ' S~ri7'" S 1 c °A 214 •,s r d e..set , - f,S A ~3 ? ' 4, Syr. 3' C er~J~(W« k- " 3r. ~ X1 ~ d-ry~~ ttI^}''. ~ i t: `7. ~ H',,.t,'t~i,/ < ' ._ar ? - ,~1. :t s s t4 ny t t a ! aA~ `la. it T 14/ v Gda~gyK~p• r 0 S ih r~,. , . • c 'rc~~. `"iL~t ? ?r .:`ki i1 ` e~.,~ R`,'g` , • -t. r(g(".~~j.'~grr 1{ S9. i t ,6y!~~ ! c y. - 'err i ~l~~ +R t*p.bC v ~4 .1, : , 1 L \ y~lr Photograph indicating the staked out location of the proposed Deck Steps within the central section of the property. Photograph taken from the central section of the property, facing north, towards Dean Drive. McCALLION Property 66~~ Situate: 1 100 Dean Drive; Cutchogue, New York tEIVE© SCTM 1000 - 116 - 05 - 013 (Photo taA-eii wi July 12, 2013) I I Lt. ~11- I I I F ~ 4 ,v i16, ui^*y. ~ yr~ ra:~ aim :.r ~ ~ 4 ?f .''~„a cr. .;ti y y F r4 ° F, ay' y s vY tx C gpyy Photograph indicating the landward limit of the tidal wetlands boundary along the shoreline. Photograph taken from the southern edge of the property, facing south, overlooking Great Peconic Bay. 0 TOWN OF SOUTHOLD, NEW YORK DATE ...Jannary...2, 1969 6 G/ 8 6 ACTION OF THE ZONING BOARD OF APPEALS RECEIVED Appeal No. 1228 Dated December 20, 1968 AUG 2 7 2053 i ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD BOARD OF APPEALS To James Dean . - , - - - Appellant New Suffolk Avenue CL }ehod maw Fib - t - at a meeting of the zoning Board of Appeals onl January 2, 1969 the appeal was considered and the action indicated below was taken on your ' - ( ) Request for Variance due to lack of access-to property ( ) Request-for "a special'exeeption under the Zoning Ordinance (X) Request for a variance to'the Zoning Ordinance _ 1. SPECIAL EXCEFTION. By resolution of the Board it was determined that a special exception ( ) be granted (')'be dented-pursuant to Artists -......J Section. Subsection paragraph of the zoning Ordinance, and the decision of:'the Building Inspector ( T he reversed ( ) be contlrumed because - 8-45 P.M.. (E.S T.) , upon application of- James Dean, New Suffolk Avenues Cutpogue; New York, for a variance in accordance with the'Zotting ordinancd, Article' 111, Section 303,'and Article XW Section 1000A, for permission-to ieduce front6§e'an8 isrea. Location of property: private road off south side New Suffolk Avenue, Cutchogue, New'York bounded north by land 'of James Dean, 'east by land of James Dean, south by Ibconic- -Bay, west by Reeve-Beachwood Subdivision''. 2. VARIANCE. By resolution of the hoard it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary bardshlo because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike In the immediate vicinity of this property and in the none use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED Q6 ZONING BOARD OF APPEALS FORM ZE4 Chat Bett N i11e, Secretary RECEIVED AUG 2 7 2013 After investigation and inspection the Board finds that the applicant requests permission to reduce frontage and area in accordance BOARD OF APPEALS with the Zoning Ordinance, Article III, Section 303, and Article Section 1000A. The Board finds that the building presently,on the subject premises was built prior to the prese4 Zoning Ordinance. Both immediately to the east and immediately to the west of the subject premises there are other dwellings. Accordingly, it is impossible as a practical matter to redisign the boundary lines of the subject premises so as to conform to the present Zoning Ordinance. Due to the fact that the other properties in the immediate vicinity were also developed before the present Zoning Ordinance, to grant the variance of the subject premises would be to permit it to conform to the character and general size of the properties in the immediate vicinity. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardships the hardship created is unique and Would not be shared)by.all properties alike in the, immediate vicinity of this propertg,3!nd in the earns use district; and the variance does observe the sRirit of the ordinance and will not change the character of the district. Therefore, it was RESOLVED that James Deaq,, New SpffO?A Avenue, Cutchogue,._New Yqrk, be GRANTED permission to.xeduce frOntio and area on property located on private road off South side New Suffolk Avenue, Cuthcogue, New York. • • s ~FtECE TOWN OF SOUTHOLD PROPERTY RECORD CA Auu 2 20~ /a c, - 116 - J-- 1-3 OWNER STREET VILLAGE DIST. SUB: /LOT BOARD OF APPEALS Dina / / I 4rN T E Z ACR, LF1ORMER OWN~R L- h4 J M[lkl L $ W TYPE OF BUILDING lbedYJ /~2caf,:c /,?d PX N\ekrr REW /0 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 4 G! r, *fQ 74;Z. v:101 a~ d(~Cl~~//e~. A~( C1 J xa 1660 Dd 97Jj s". Od ,.z/ /C~ Je.a i "r . v arF1- b S a5 c(~ 1 3aC 3 O 6 00,/ OK -L C n -kp rigeoc i/;L)Y\ - 300 OO 'PAZ- SOO 3 7 -I- ~ yvICC CC&N A]16'-'-' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value 3a0p Acre 3 Z o Tillable FRONTAGE ON WATER Odf 683 3' Woodland FRONTAGE ON ROAD Meadowland DEPT O(/e p., . e)l House P1916. BULKHEAD DOCK Total R G Z e n ~j Q\ TRIM ,i C r - PT5 116:5-13 3/06 M. Bldg. X 2 Y = 6 I E tension Z, ( _ 2 Z T5 SS ` 23 ~ 6ctension x ~ ~ ~Extension Foundation Both Q Dinette Porch Basement a Floors a,q u., K Porch, 5 x ? G = 2 Z i (o Ext. Walls J- Interior Finish g IR. Breezeway Fire Place /A/6 01 e Heat Q DR. - Garage xZ V 32- 0 ( 3z0 ype Roof 6-a 6/le Rooms lst Floor BR. Patio Recreation Room A/d n Rooms 2nd Floor FIN. B O. B. Dormer 4 H e Driveway Total 3r(3 I II~ ~~gtlFFO(,~-~, ELIZABETH A. NEVILLE, MMC o~~ ~V.- Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 t/J Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1500 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 30, 2013 RE: Zoning Appeal No. 6686 Transmitted herewith is Zoning Appeals No. 6686 of Bruce A. Anderson for Don McCallion- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Storm Water Run- off Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Page Cover Letter from Suffolk Environmental Consulting Dated August 27, 2013, Notice of Disapproval from Building Department Dated August 20, 2013, Authorization Letter from Don McCallion to Suffolk Environmental Consulting to Represent him in this Matter, Copy of Property Record Card (Both Sides), Certificate of Occupancy No. Z4211 for Private One Family Dwelling Dated April 23, 1971, Building Permit No. 507OZ to Build an Addition & Make Alterations on Existing Dwelling Dated November 25, 1970, Map of Location of Property, Six Pages of Photos of Property Showing Stakes Areas for Proposed Construction, Action of the Zoning Board of Appeals No. 1228 Dated December 20, 1968, Survey of Property Showing Existing & Proposed Construction Dated August 27, 2013 Prepared by Peconic Surveyors, P.C., Five Pages of Plans Showing Floor Plans, Elevations & Exterior Dated August 22, 2013 Prepared by Suter & Suter. ***RECEIPT*** Date: 08129113 Receipt#: 158196 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6686 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#115 $1,500.00 Mccallion, Donald Name: Mccallion, Donald 9 Pinecone La. Southborough, MA 01772 Clerk ID: CAROLH Internal ID: 6686 - , - Date n R,: 10,2 13 Mc(allion Property Recisions: CunuucWs: \Lm huagcs and b m Luu SltuatC: ) l00 I)c;Ui J)n%c, Cutchoguc, N hdomrm0n iak(Ai Irons SU1101k CUnnh 111.11' P,(). Mix 20011, firidgchamplon. NY, I I SC111#:1000- 116-0J- 13 i7 43 a. 3 jr~ 1 i ,1r s ' ' .V RECEIVED " ~ : tr`• •'r~! + ot,, , , . , 1013 Y' ~a4' . iet•:r•' r ? %Al+ 1 . ,t ` BOARD OF APPEAL s • S . . _ ~ Sul), S, r w rt . • a~ ams Pagc I (A 3 I - - - ula,,,, Ili. Dale: 10 2 H McCallion Property SdLl{klC: 1100 I)Ckkkl C ldc+loglic, NY Conmicwl : Map Images and Lek Luu Infonnamou laken Irom Sldli,lk Colm1% INW1 M'-, I I IT SCTNlt;: 1000 116 05) 13 t~ 71, 1 1r'dII 1 1 1'II(Ir,lll(II 1 I. _ , Ilk ` w a 1 k ,(I II11Z~'..li'(r~r;ip~rlflr~ 4 ` .<~d9 , .(I,rl(-. 1.1 rr r11- I u.rk I.~w, RECEIVED t OCT 3 f;,( 2013 ;~Irr(1r.1CIIJrrrrn(I~rl - ` 1 UOAR[ OF l~',~~Fh1L5 ~4 r 4 I 1 i;)(ira,il,yI(;,-I l Sul)~l'('l Property i I WRIPW Pag-c 2 ()1 '3 Unarm Ac: 1PI- lla1r: 10 'l, 13 Mccallu)n Property Rc%isions: NcIN-man Village, Suitt- F., 2322 Main i situatc: 1 100 Dcan IhICC, C utcho Ul' \1 Commcnls: Man Images and Ltd Ime ' hdunuauon lakcu Irom Sullull: C'ouu[r I1l.ll' PA1. Box 20W, Biid,-,(-Icmtp1mi, NY, I 11):;v 5CTM : 1000 116 OJ 13 - - - r"~ 1 x ° ar > 1r 711 1(10-an flt f i" NAN a`..1 L 4 } 't. r4 F i~t•~1 11, !I Imo- 1~ ~ r,, ' ` Aga, ,*+4,,. A~ i 1 - I • . ~ I I I II a 4 i ~ i A, 4.6 } # Y , t aY t t t 14 T + i 1 Marv ka 4 Sul)l A cct IJIJr~lxin>,alc ~ ~,t<< 1•tl`,,.,,. ?~.1 3 , r~~lJCrh' Seaward Edge 1;.%t> .111. 11-1 .v:;i i 'R ail +s~ .301 BuIldah1c Land b'+ % I I' 1 1 t t t +1 1 k I 4 _ ~x 1F _ ~ 1 'a~;c 31113 j II . y ~ ~ . ~ ~ h,' ~ ~ Yank if fl pnJY .t G ilk. t 4CEIVEC do~~a,~,*! 3 2013 D OF APPEALS f~~ f ~ . ~,7Nrt y 1 J/- i ; op 11A OUFFOLK 91;7 0 2.64 TOWN 33? ~ sr rp~ ~ 5 IR 1&0 3.5A(c) 3 1 3 2 b 8 4 i xo i ec+ 1.2A O 1 m 18A(c)~ >m 3 2 n ,s+ 226 9.8A(c) Z 13 ,a x - ° 1 OA (c) J 1.2 ,eg 1 01 I 113 113 I.1 5 13A r2u' N CUTCHOGUE- 226 4 I NEW SUFFOLK § e. s 1 3A(c) a,'g 2.3A(c) 7 \ 3t°_ 8 PARK DISTRICT 5 S 5.7A(c) a. 5 r`II~ 1 1.2A (28) 6 14 3 SHaF1iNE CREEK } 0 1 2A(c) 1.5A(c) 0 9L, e` g } = j 6 I ti O 1.1A(c) 32 p yNOFRwarFR g ~p Joa M \ Y Ld s n i LANDS ~ 1.9A(c) 7 ~ K • Its, _ :bti 's ~w>w 1.1A(c) 4 1.2 TOWN 0 e 35, J J TOWN is 149 A% ~Cq3 y 1.5A(c) Z $pOITHOLD I \ f OF 5 yNDER(YATER / ~y g SOUTHOLD LAID) 14~•~ 12A(c) I 1 131 Z _ 65 N1A 2" g \61A(c) 65°D 89 'd' 1I F.D. 29 L.D. h 14 Sa D V~ J , a ~ • 2 N sa X41 ,5 SHO / 16.3 c~ Lg~ 1 Z v l J fn 2'7 1.1 A(c) 9 ~2 96 15 RECEIVED 13 - 24 GOA g 141 I a~ 212 o ~01 „~oa$~~ J 31 $ 16.4 BOARD OF ; JPPEALS 4 oPlc1 5.9A(c) N 302 B82 y Irn ~J Pp 2~!.~ ~j 1 ° LLZZ - C1 m Sera N OW. rn~~. s L Prop" or RW L nc Suodnwior Lot % r'; Shd .mil Sdrool DW-V Line - - - Hydrant DmI Lrro - - H - - ULESS DRAW10-HERWSE AJ. PROPERTIES E O - ARE VII'14PN THE FOLLOW NG OIS'RICTS Denotes Common Owrer Suodnooe . sit:, I No (21) rl R re O•ma Line - F - - Rdusc Qetncl Line - - R - - SCHOOL 915 SE111ER G ak>c,r No L _ Subdnwor Lot Line - - - - - - Deed Ornan n 62 NYer Daud Line - -W- - Won.1 Dowd Lee - - HS7 - - FIRE 29.30 HYDRANT E Stream ? Shoe Sabd Dimension coury se - Light Darn Line - - L - - Amdinm chorea Lire - - A - - LIGHT 45.46 VIM119R N PARK 71.9C REFUSE - O PucelNo 23 Deed Am 12 1 A(d) or 12 1A Tow--N1e Perk DI Line - - P - - VVWe,wrorDt"Lne- -WW- - AM5L-ANCE WLSTEVWI Ca, aJMod Area 12 1 A(c) ?h6ge ..ne - - - Seer OmI ure - - S - - BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~fr ~VrijrO 53095 Main Road* P.O. Box 1179 Southold, NY 11971-0959 James Dinizio, Jr. # # Office Location: Gerard P. Goehringer Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider Southold, NY 11971 , http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OFSOUTHOLD RF21,20 I (V Tel. (631) 765-1809 • Fax (631) 765-9064 AU FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2012 5 thold Town d rk ZBA FILE: 6585 NAME OF APPLICANT: Murray Gaylord SCTM#1000-116-4-20.1 PROPERTY LOCATION: 765 Beachwood Road (adj. to Great Peconic Bay) Cutchogue NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type iI category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 17, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 24, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a one story frame house located on Beachwood Road (a Private Road). It has 72.99 feet of frontage on Beachwood Road, 196.51 feet along the east property line, 149.37 bulkhead on Great Peconic Bay and 222.39 feet on the western property line (which consists of mostly wetlands) in the R40 zone district as shown on the survey dated October 18, 2011 last revised June 12, 2012 prepared by John T. Metzger, Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B) and Article XXIII Section 280-124 based on an application for building permit and the Building Inspector's June 21, 2012 Notice of Disapproval for demolition and reconstruction of single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 15 feet, 3) less than the code required rear yard setback of 50 feet. RELIEF REQUESTED: The applicant requests variances to demolish and reconstruct a single family dwelling with a bulkhead setback of 37 feet in the side yard and 45 feet in the rear yard where the code requires a bulkhead setback of 75 feet. Additionally, applicant requests a minimum side yard of 12.7 feet where the code requires 15 feet and a rear yard setback of 45 feet where the code requires 50 feet. ADDITIONAL INFORMATION: At the public hearing a neighbor spoke in favor of the application. Page 2 of 3 - August 16, 20121 ZBA File#6585 -Gaylord CTM: 1000-1164-20.1 FINDINGS OF FACT/ REASONS FOR BOARD ACTION- The Zoning Board of Appeals held a public hearing on this application on August 2, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3Nb)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes to remove an existing two car garage with a non-conforming setback from the road. This action will greatly improve the streetscape for the entire neighborhood. In addition, the work to be completed on the house will only minimally increase the footprint by squaring off a portion on the building and adding new decks and entry ways. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because any expansion of the house will require a variance due to it's proximity to the wetlands. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing approximately 501/o relief from the code at its most severe measurement. However, none of the existing setbacks of the house will be decreased and the front yard non-conforming setback will be eliminated after removal of the garage. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and has submitted a plan to comply with all current drainage and run off which will greatly improve the conditions that's currently exist on the property. Additionally, the Southold Town Trustees required the establishment of a naturally vegetated 10 foot wide, non-turf vegetated, buffer landward of the bulkhead under permit #7765. The applicant will be required to conform to the recommendations of the LWRP memorandum. 5. Town Law 6267-b(3)(b)(5)- The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the Survey prepared by Peconic Surveyors P.C. and dated June 12, 2012 CONDITION- The application of fertilizer, herbicides and pesticides on the lawn area is prohibited. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3 - August 16, 2012 /Alp ZBA Filog6585 -Gaylord CT?& 1000-116.4-20.1 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a passible denial by the Building Department of a bui/dingpermit, and may require a new application andpub/ic hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mimmis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board., Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning. This Resolution was duly adopted (S- Leslie Kanes Weisman, C airperson Approved for filing X/ /7 /2012 "°'HFF IT s--~ PROPOSED $EPTIC SYSTEM RETAIL SURVEY OF PROPERTY ' 91 5'1• - AT CUTCHOGUE N w,n TOWN OF SOUTHOLD SUFFOLK COUNTY N.Y. ' 1d' '•1-"mil e - 1000-118-04-20.1 SCALE 1'=30' SEPTIC TANK fl, bm. IS OCTOBER 18, 2011 r •x^w ~Oi NOVEMBER 3, 2011 (LOC. WETLANDS RAGS) . rooas wu ma n rvw..•avwm'r wwmw ° Aaw ° u wn DECEMBER 26. 2011 (TEST HOLE M SPOT ELEVAflON5 anwm Y • ro Mm v r w. wn- wv m v r'. JAN Il, 201: 1 NEW SEPTIC "STEml ) ruwA PW.w°w Ai awvu view waaw w sort wr.no nwz v m N . iu awi o,n w Mr M aw • rroswn. FEB. -rr"i:*o• o s'mvi+°~sm6v.ea x'61°' I'""' ne rA v .,i.0 A, YOP fREV/SigVSI • "a FEB. 2 9'RG° ADRT u~r r. CmwY WaV osW w NS5[ awa W uunyo. FM. 13 YaR qY WPVddmsl 1 N~r.`Wwwaf .WRN .2qtt Eel aeWCp•1 LEACHING POOLS 6 MnsA! YqY 4arkbn , r'`M M r- • ,moo, ,mE a m . n >rra Aw. JunP 12, 202 IasWBwwE L4 s""awA s. ~WE VE ew,re n rv..n avm mrunT "CANT Y \ 1.V q,ppIfqiq~, ? IC ww mru¢ V.oM qlf ~ w aru R rxwm. KRMOS w-rrouv,v °rra xa vu-a revs meTw .w W--,.m Y Y .,1' "1 Y SUBSURFACE SEWAGE DISPOSAL Y 5811?OIOD MA~ BYST?OSEP~FLSCHETTI, P.E. Y N78•~~ •E y ar ~•~+n 2.98' (PRIVATE ROADS HOBART ROAD y Y 6"J' a' 2s. SOUTHO, O, N.Y. 1197, Y . ' - - _ 16711 765-2954` Yp0"~ h4 e K22eR 1555' To Ar'.y`~ 0 0S I i NEW SUFFC" ROAD O \ Y \ I .ja •1" \ Q-~ _ RUApGVE[.OTO BF 3~ Y I J J Y Y 1_ qy 281E AE J J ~L 2~ Y Y y'. .An r • J • • I"~m "u~'ypxs'xgp'OA~ Y\ YMHt15 ~ J , A OEmATy, 0 ~''WIQI A ;Na 0 y y+ IR F EL WALL yy } ROOF RUNOFF CALC \fl a / ROM lft O CALCULATIONS y /l~ L Aw I ? AM DRAYAGE \ I .0.i' ~.T T 3 2600ep.ll. • 2' • I \ Y y, F m I i ydE S ss K 0 00o~' C \ I F71A~ TORY j 6'0 usulif-'Iff. \ y Y _ 6 1 1_ T J BEw 9 a 433.3428.3 • 15.7 VF USE IG VF 4-6.0 DWs 4' MOP y Y _ LOT COVERAGE _ - ' OITL O. A<' 3 OWELLM AFTER CONSTRUCTION ft. 1e.r 17PLA2 MCA • 20,455 s0.11. 2w,~tih ~*n qq 8 3318/20433 • 16.2% ANAL gR SSMw N WhVLEE PARCEL .X,797 13 EWEYtlEQ sr EE DlddM 0 H r a.\ 1% 4 ATED F IL aoia k °p" TEST HOLE DATA At \Ch. McDONALD CEDSOENCE w1~ b B(~ 12/2D/tt ~r 'Q y( B~oo~~ 6P\ - - " a yr nrm sun ,NO wu ~'C0 'TA• ,.A' wxRTr t'~'wARA w uIt[o sun L ~'~~r ~v'fgo $B1tl2~~W - _ a 58~ WiM w W aw An PT A~ry RECEIVED a wnm~ w Wlaw.' o.n,Fr sun sc III'- ILY. ELEVATION of CONTOUR zlf, )'JL 06 7"17 wA1Lx Ix Iworu RxE ro umxu sun sv ELEVATIONS REFERENCED TO N. A.V.O. BOARD OF APPEALS FLOOD LONE FROM FIRM RATE MAP NUMBER 36103CO482H u' SEPTEMBER 25, 2009 I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE - DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ' A~ and will abide by the conditions set forth therein and on the AMA24T797 SO, rR 1 • permit to construct. ib ~ uNES+ The location of wells and cesspools shown hereon are from field observations and or from data obtained from others. / N.Y.S. LIC. NO. 49615 ANY ALTERARON OR AODITICW M MS SURVEY 15 A W ARCYN ECqd1,,S VEYORS. P.C. OF SECRGW 7206OF THE NEW WITH STALE EDUCATION LAW EXCEPT AS PER SECRON 7209-SUBMNSION 2 ALL CERMCATIOVS ""-F6'31} 765-51720 FAX (631) 765-f797 HEREON ARE VALID FOR MIS MAP AND CORES MEREOF ONLY IF ~ $OX 909 SAID MAP OR COPIES BEAR TNF IMPRESSED .a AL 00' RIE SURr YOR 1 -WETLAND FLAG 1230 TRAVELER STREET HRCSE DI ATt/RE APPEARS HERECW. ¦-MONUMENT SOUTHOLD, N.Y. 11971 11-209 APPEALS BOARD MEMBERS QF sou Tyo Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer } # Southold NY 11971-0959 Vincent Orlando y, Office Location: James Dinizio. Jr. Town Annex /First Floor, North Fork Bank Michael A. Simon Tf~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD + k.qf ~A Tel. (631) 765-1809 • Fax (631) 765-9064 UEC 2 I 2W5 FINDINGS, DELIBERATIONS AND DETERMINATIONS W ~ W Clerk MEETING OF NOVEMBER 17, 2005 o%old ZB File No. 5711 - MARY RAYNOR Property Location: 575 Beachwood Road, Cutchogue CTM 116-4-21 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 10,490 sq. ft. parcel has 35 feet along Beachwood Road (a private road), 196.51 feet along the westerly side line, 247.63 feet along the easterly side line, and 81.19 feet along the southerly line (bulkhead). The lot is improved with a single-story cottage with decks, and detached accessory garage building, as shown on the March 15, 2005 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's April 15, 2005 Notice of Disapproval, citing Sections 100-242A and 100-244 based on the Building Department's amended July 14, 2005 Notice of Disapproval, concerning a proposed second-story addition, for the reasons that the addition will increase the degree of nonconformance with side yard setbacks at less than 10 feet, less than 15 feet on the remaining side, and with lot coverage exceeding the code limitation of 20%. On June 13, 2005 the Building Inspector amended the Notice of Disapproval ('ND') to address the amendments, adding requests for new construction related to the first-floor replacement (without removing the existing foundation), and minor foundation area for a new deck addition. On July 14, 2005 the Building Inspector amended the Notice of Disapproval to address the new lot coverage calculated by the applicant's architect, replacing the June 13, 2005 calculations. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 and October 20, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: EMSTING NONCONFORMITIES: The existing house is a single-story seasonal building with porch and open, unroofed deck areas. The side setbacks and lot coverage are nonconforming under the current zoning regulations. The lot coverage is nonconforming at 24.6+- percent, or 2580 square feet of building area (all buildings and foot prints). The house is 1.2 feet on west side and 2 feet on east side measured from the existing first floor at its closest points. Combined side yards are nonconforming at 3.2 feet for both. The setback to the bulkhead is nonconforming at 60+- feet to the house, and 50+- feet to the rear deck. AREA VARIANCE RELIEF REQUESTED: The applicant wishes to reconstruct the first floor for expanded, new living space, at 1.2 feet from the westerly lot line and 2 feet from the easterly lot line, and to add a partial second story, within the existing nonconforming side yards and nonconforming lot coverage. The extended lot coverage will be for a new deck area. Page 2 - November 17, 2005 II Appeal No. 5711 - Mary Raynor • • ko CTM 116-4-21 During the hearing, the applicant (Mrs. Raynor) explained the need to update the cottage and increase the living area. Mrs. Raynor has resided at her family home on Cardinale Drive, and wishes to change the use of their beach cottage from seasonal to full time, year-round occupancy, and to expand the living space (reconstructing and adding heat and other updated facilities). The cottage was placed on this site more than 75 years ago, and about 1994, the applicant built a new breakaway foundation which met the Flood Emergency Management Act safety standards. The applicant also straightened the decks that were damaged due to floods over the years, and upgraded and expanded the sanitary system. The residents of the westerly adjacent house addressed their concerns to the Board, both in writing and at the public hearing, concerning the existing 1.2 ft. setback, proposed to be maintained for the new first floor on the westerly side of the home. In addition, the adjacent landowners suggested a four ft. minimum setback on the westerly side of the applicant's cottage which provides access from the applicant's yard to the beach areas without trespassing through the house or over adjacent lands. No zoning variances were found for the immediate area relative to lot coverage or side yards, although other homes in the immediate area are improved with homes with side yard setbacks varying from 8 feel, 12 feet, and greater. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's plan is to reconstruct the first floor for expanded, new living space, at 1.2 feet from the westerly lot line and 2 feet from the easterly lot line, at its closest points. Also proposed is a new (partial) second story and extension for deck area. Although the lot width is only 35 feet along the road, the width of the lot at the center of the existing cottage is 47+- feet. The new first floor will be 42 ft. wide, leaving a 1.2 ft. setback at the northwest corner of the new first floor and 2 feet at the opposite northeast comer. The applicant reduced a portion of the westerly side by two feet, which proposing a 2.8 ft, setback for the new first floor, instead of the existing 1 ft. of the older porch that exists. The first floor area is larger than the proposed second floor addition and is shown to be 7+- feet from the westerly side lot line at its closest point. The alternative granted in this variance will increase the setbacks, although remaining nonconforming, on the westerly side from 1.2 ft., to a minimum of 3 feet at the northwest closest corner, and from the existing 3.6 feet to a minimum of 5 feet on the easterly side, will be more conforming to the code requirements, and at the same time will provide a balance by reducing an effect to adjacent properties with increased setbacks, against the benefits given to the applicant for the reconstruction and expanded living space. The amount of floor space that would be reduced with the alternative setbacks is not substantial and is necessary for more conformity into the side yards, since the existing side yard setbacks are substantially nonconforming. Also, the increased side setbacks would provide utilization of the open side yard, instead of accessing through the applicant's dwelling or over adjacent property for access purposes between the beach and the road side of the dwelling. Existing open deck areas may also be considered for conversion into necessary living space without building new construction within the sides. 2. The benefit sought by the applicant cannot be achieved by some method, other than an area variance. The property is unique in its dimensions and shape, with only 35 ft. frontage along the private road, widening to 81 feet along the waterfront (beach and bulkhead) along Peconic Bay. The lot is improved with a one-story cottage with open, unroofed deck areas covering 21.6+- percent of the lot, plus an existing 320 sq. ft. garage, covering 3+- percent of the lot. The location of the sanitary system creates difficulty to expand in the front yard, leaving very little alternative except to convert the front open deck area (footprint) for additional living floor area. 3. The relief requested is substantial. The code requires a minimum of 10 ft. minimum on a single side yard, and 15 feet on the opposite side yard, for a total minimum of 25 feet for both side yard setback area. The code also limits lot coverage to 20% of the lot size, and the lot is covered 24.6+- percent (2,580 sq. ft. of total building area including the 320 sq. ft. garage and large open deck areas that exist). 4. The difficulty has been self-created in that the applicant acquired the property with knowledge of the location of the existing cottage and lot size and the nonconformities. Page - November 17, 2005 • n'r Appeal l No. 5711 -Mary Raynor ~tJ" CTM 116-4-21 5. No evidence has been submitted to suggest that the grant of alternative relief will have an adverse impact on the physical or environmental conditions in the neighborhood. This is a community of residences, some of which were built prior to the enactment of zoning in 1957. A few have been renovated, repaired or expanded in size over the years. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstruction and alterations to the first floor and additions to the second floor, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION-OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Goehringer, and duty carried, to DENY the variances as applied for, and to GRANT alternative relief, with modified diagrams prepared 9-13-05 by Suter and Suter (submitted 9-28-05), with a requested height shown at 32 feet from the existing grade to the top of the ridge, and utilizing the existing foundation, subject to the following Conditions: 1. There shall be a minimum setback of the requested 5.5 feet to the westerly lot line, for half the length on the seaward side of the house from the southwest corner, and minimum setback of three (3) feet to the westerly lot line, for the remaining half of the length (road-side, or southerly half between the north and south points), at its closest points. 2. There shall be a minimum setback of two (2) feet (existing setback) from the easterly side lot line, at its closest point. 3. Use of existing foundation (without proposed excavation). 4. Height not to exceed the requested 32 feet to top of ridge. 5. Expansion into existing deck footprints shall be authorized for additional living area, without new application, when new construction setbacks conform to code and lot coverage does not exceed that authorized in this variance (25.5°/x). 6. Both side yards shall remain open and unobstructed at all limes for clearance (related to emergency and fire vehicle access purposes). 7. That drywells with a roof gutter system shall be maintained in good condition at all times for containment of rainwater runoff. 8. Deck areas shall be open to the sky. 9. Lot coverage shall not exceed 25.5% of the lot size. 10. No building permit shall be issued until a new application for a building permit is submitted that meets all of the conditions set forth in this decision and is reviewed (for compliance with the conditions) by the ZBA Chairperson or other representative in the Department of the Zoning Board of Appeals. 11. The owner or her authorized agent shall notify the Zoning Board of Appeals in writing in the event of a proposed change in circumstances, or new developments, related to the new construction, after issuance of this variance. The Zoning Board of Appeals reserves the right to require a new application with respect to any change in nonconformity that is restricted by this variance determination and the provisions of the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolution was duly adopted (4-0). > Q,«~,~. t~ S a Ruth D. Oliva, Chairwoman 124A::V05 Approved for Filing • n• STREET ADDRESS. 575 BEACHWOOD ROAD 9E,gCH)rOOD 4 GRI ROAD ftyAll ROAD selsssoE u.oD• aMCar r SURVEY OF PROPERTY mvercrz siw AT CUTCHOGUE W a4k : TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-116.-04-21 n SCALE:' P20' MARCH 15, 2005 yr E ,.r oca , xs + n s y 2 k' 8" sR. Sim a ~i 2 e se.s' a e~ S Q as h a 7 Z ' p R yspsanl 3 'o° Ir Ill iQ1 Grp Sy6'o5'w -'x EG ~n aDS i~ SEp l 9 2045 QoF"° 2 cERnPIED ro: 0 iF . MARY RAYNOR CHICAGO TILE INSURANCE COMPANY w AREA=10,490, V v " TO PE LINE L 564 953 QNlC * i o¢~ C f, W S p y ~ fe ~}gEp $A ECONIC YORs (631) 765-502° FAX (631 65-7797 s rrssv xo w nr qr m,r msauo, us ovr.u,v >xu«,w-mwws xa memunnw P.O. BOX 909 Bier a k 1230 TRAVELER STREET SOUTiOLD, N.Y 11971 05-116 *bw APPEALS BOARD MEMBERS ~o~~?FFO(,~c • Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer g = P.O. Box 1179 Lydia A. Tortora Q Southold, NY 11971-0959 Vincent Orlando y at Tel. (631) 765-1809 James Dinizio, Jr. ~~l Ixt ~a Fax (631) 765-9064 http:i!sout holdtown. northfork. net BOARD OF APPEALS RECEIVED v~ TOWN OF SOUTHOLD I.T`.io ally FINDINGS, DELIBERATIONS AND DETERMINATIOPL., APR 16 2004 MEETING OF APRIL 8, 2004 _ ZBA Ref. #5489 -DON and IRENE SUTER Southold Town Clerk Property Location: 1150 Dean Drive, Cutchogue; CTM 116-5-14. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 18,883 sq. ft. lot has frontage along the south side and east side by Dean Drive, and 259.85 ft. along the westerly property line. The lot is improved with a one-story, single-family residence and accessory garage. BASIS OF APPLICATION: Building Department's July 23, 2003 Notice of Disapproval, last amended February 3, 2004, citing Code Section 100-33C, 100-242A, and 100-244B, in its denial of a building permit application concerning: (a) proposed additions and alterations to the existing dwelling at less than 35 feet from the front property line and less than 10 feet from the side lot line, and (b) relocation of the existing accessory garage and proposed addition, at less than 35 feet from the front property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 18, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct additions with alterations to the existing dwelling at 29.9 feet from the easterly (front) lot line and from the westerly (side) lot line with variable setbacks between 5.1 ft. and 12 ft., and to rotate the existing detached garage (265 sq. ft. and proposed 128 sq. ft. addition) to a minimum setback at 23 feet from the front lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to the nearby properties, the applicants propose to decrease the non-conformity of the existing garage by relocating it 6.1 feet farther from the property line, and the proposed addition to the house will maintain the existing non-conforming setback of 5.1 feet. Page 2 - April 8, 2004 • • ~I ZBA No. 5489- D. and I. Suter VJ CTM 1000-116514 2. The benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue, other than an area variance, because the lot is narrow and the position of the house already exists. 3. The amount of relief requested is substantial because it represents more then a 50% reduction the minimum setback requirement of 10 feet 4. There was no evidence submitted to indicate that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and relocation of the garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the construction diagram for the dwelling additions dated 10-18-02, revised 9-5-03 by Richard M. Suter, R.A. and map prepared by Stanley J. Isaksen, Jr., Land Surveyor dated February 1, 2000, revised January 7, 2004. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0). U Gt L.(:K~_a'_ Ruth D. Oliva, Chairwoman 4/15/04 Approved for Filing -l rcxCNllcr O! tOI COY(bL( LOT U 1x(1 Or cARIGC s [ON[ OY.((l/SIWC/ 561..1 S.r. ARU m Nrw9r axrsnxc) NLCL SUBDMSION MAP OF DOWNSVIEW ,ML DE ww. CREENFO Poxcx r.]r6J9 ]r. SRUATE xE« wF"" ML - so oo;p,N Aau w wuoo orCx CUTCHOGUE, TOWN OF SOUTHOLD w .2AY s sins agsnN6) ]91.o sF SUFFOLK COUNTY, N.Y. .urA a A L To 119 KY o LUOC xE6Y 1 oECMPNc A6A'IrONS .Gel - l SC SURKTEO FOR. DONALD W. SUITR 4 \ l'• Ipi1L GY'IC[ NKL CRW 1LWnCN' 1. SI INLN, NL M. . SOBER nnm Il. OF ILL sI RARFS %A.ll.: I.e81 Sr. N.O A. OF LOI (INOWAFU M nr r•vwv uaa uw (narW6 nA4 WEI1wNOS ROUNMRY 1U,5]6.Sr SF mYI 1YW rv ~ 1 ~Y GVASAMiFfd iOVltN p +'n~ /FV0 EY ViER 1 p Y N iiLLr PF.9CExiAGE OF LOr cOY[41 C1 FgCiM S14igWL rRLE HSIMNICC [0 a,jp SgUr r DYl1OALL LXR NNL S.I. CMV(WAY 11.59X P[RCCNTALC OF LOI COKxALF rIEP `'WL] r~mm W PRJMSEU "A'.WES/XIP.Po KYINR ¢1!/F FLLCO RVGL51 11 ' T1IX :91C e 19 xa IO PICAS AWY( IIWI WF)/INOS 51' Y,yl N~ I ry m iN, IMV-:I6-G5-rl vlF ELM O J II % ~ I !UY SOU IMIXO IOMX: Y,.oio 0, BY SCIENCE 8, b ` 5 k e((..xoNS rN r919 xoro. ° 11 46 .1l, x try or lR. ,9 6PJ SF JN/jLle nOEII E' t001Gf' S] 16' L Iw iMS 1. PI. rs I.l. AX F" All pPI6x4L G//OLWO 5 \ 6 la MNM ll Bl AlIX P(TCENIAQ OF LOT CO.C ILK A.. SOUAC'E. /IM11Y /S610.Sr0AI L, ryy `3°- RULTUflCS/MPFVV(Y[HT5 r5. ]Y MIEO Y1Y I. 1998. "l'x xIMWN SANOI LOAY O( i Ua SI .AM LNOY LJY CL , - t p~'I"O` !fit • / j AL FS RSA 14VC w F, P.WYI~~.1-. 'i. 6xvwN cu2r SA. x n yls [mE swsax couxn WOFR Aurxoxlrv~ ]5 Iw a'`'wl 'yam PALE R.WWN IN( 1 i5. L rB cawsr vxo sN oGU' sANITAxr: le - LE.cxrNC ClSSPUGL 36' WIT FR ~U"~ EP - IXPLVSx1N L[YSIYKK i 4r , I ~ OW c UNY wLLL WII(x IN Pq! GROWN nxr rB C.. swo SW PROPOSED 4-B€DROOM r«s. _ RESIDENCE f ~Q rz Eg, m ~l V F0.Y 5rW15 U5C axir ' TIRSI f R',r I fl`G IMIx r'Y'n JS nNlsxEU 6RM[ IOVCR n PMAV _ LL - 4'VVEa LL FOlln'MilIXl _ Y a WALL r/ / )CI - - CESSPIXM CL - NN LL 9 El 75 CL e ! w T. 6e . ICI ' ~ suRYE+m I rCBFU1Rr rzma GU (A..Ox SEPn[ -PNV sr1 l I - ]i' i A.. GROUxOWAICR (YMJ Mi. - 1A,., IMM cr (AVN L41 1; Q 1 p~ Yt/ - VAD MRS V I N[hCBY cEIPn I ixE WIwILx SUPM V(5) ANO/OR s[wALE MSPoSIL `P4 N,FlBC/~, ~O SURVEYED BY A'U SYSICY(Sf FM NIf CI ENE OESpNCU BY YF U/KKR Yi OIMCipN J~ ~'D« STANLeY J ISAxSEN l3. j PASFO UPON I S AMB TC2. S., CF iM ShcSIE AIM LROWO • q 9 w a rw w F;) BOX 296 WI Rx PM'NI All AN ll. 1 L 1lOll IO RAC SIMl01X CWMI+ I A, MA, Mr aMSxMxFW I LIX RVMCS 1/r INAY eNAYA1AG5M(i![Cr AS OF l N Mw tt"s 414"LM'3,5"S" EOR ODftd65 APPEALS BOARD MEMBERS aF 30U1 • Mailing Address: Ruth D. Oliva Southold Town Hall 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer # Southold, NY 11971-0959 James Dinizio, Jr. Chairman Office Location: Michael A. Simon Town Annex /First Floor, North Fork Bank Leslie Kanes Weisman YCOUNVI 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RiCEIVED TOWN OF SOUTHOLD °j -Pe-A 8:3U. M. Tel. (631) 765-1809 • Fax (631) 765-9064 JAN 2 5572007 FINDINGS, DELIBERATIONS AND DETERMINATION s wn CIerM MEETING OF JANUARY 11, 2007 ZB File No. 5984 - MARYANN MEARS, et al. Property Location: 1050 Dean Drive, Cutchogue CTM Parcel 116-5-12 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 15,241 square feet with 50 feet along the south side of Dean Drive. The property is improved with a single-story, one-family dwelling and accessory garage, as shown on the October 25, 2005 survey prepared by Stanley J. Isaksen. BASIS OF APPLICATION: Zoning Code Section 280-14, based on the Building Inspector's August 11, 2006 Notice of Disapproval concerning a proposed deck addition at less than the code required minimum of 10 feet on a single side yard and 15 ft. minimum on the remaining side yard. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 15, 2006 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: After referral of this application under Chapter 95, Waterfront Consistency Review of the Town of Southold Code, a Determination of Consistency was recommended by Mark Terry, LWRP Coordinator dated December 1, 2005, if an approval is granted, recommending the following conditions: 1) placement of hay bales during construction, (2) drywell installation for the poll water backwash and drywells to contain roof runoff. The Board of Appeals accepts this Letter of Consistency as part of this approval. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 28, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2- January 11, 2007 ZB File No. 5964 - M. Mears, at al. • *UO CTM No. 116-5-12 AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a wraparound open deck as shown on the 9-14-2006 site plan prepared by Condon Engineering P.C., after demolition of existing wood step area. The new construction will replace a small porch structure and will be 17 measured at the closest angle of the deck to the easterly side property line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck is a wrap around open deck which is proposed at a greater setback than the existing dwelling. This change will produce a result that is more in keeping with the surrounding summer houses in the area, nearly all of which have decks. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. The lot is long and narrow, and the existing house was built at an angle to the lot line in order to take advantage of the water view. Building any usable deck on this house would require some type of variance. 3. The variance granted herein is not substantial when compared to the existing conditions enjoyed by many of the neighboring homes. 4. The difficulty has not been self-created and is due mostly because of the age of the existing house and position the previous own chose to place when building the dwelling on the lot 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicants have also submitted applications, and received permits from, the Board of Town Trustees and the New York State DEC. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new deck construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Chairman Dinizio, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the 9-14-2006 site plan prepared by Condon Engineering, P.C. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3- January 11, 2007 • •®\p ZB File No. 5984 - M. Mears, at al. D CTM No. 118-5-12 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Oil oehringer, Simon, and Weisman. This Resolution was duly adopted (5-0). J es Dinizio Jr., Chai n P/pproved for Filing • , • 6URNlY OF DESC CUTCHOGUE, WNROFRSOUTHOLD y ou ~t DRIVE ~E°'°°°° SUFFOLK COUNTY, N.Y. ~Oxa Ts x SURVEYED FOR: DAVID R. MEARS, PRESTON K. MEIRS, D`E .qLv00 E 50 MARY ANN E. MEARS i 1a e. o Z I b Tµ9 1000-116-05-011 OU~ytp R pFARS 1 gE PRESTON K. MEARS O MARY MIN F. MEARS o u 1 L m O I ' . ' uew.me sioni xw[ox .w[ N i,n w'N 21 O t- I II F 7NI5 ENTIRE PAFCE[ I4, FOUND IN ROOD ZONE AE-8 ON WP NUM6ER 56103CU501 L. EFEECTM DATE Mnv 4. 1996. ~1? I' - - rESS a n6wn w m ss v t maaan .1 Wn. NA _ u rau rasaot wrc_... ~4w sr m ! ~ ~ a~[ a~m rt+ u. srwrnxs.. t.v ~ A:, 11' NY SOEC~ S60p+ ~ OF 5000007 o °NE- ~hY77P.0! 55. 9 (aROP°sem --ten ro a s,o DISAPPROVAL NxiER LINE TNIS 0.1, vILM JE LANDS LINE EQUALS NOTE HIGH WATER WET UDAL WETI.AIOS BOUNDARY, AS DETERMINED BY EN-CONSULTANTS. INCON OCT 06, 2005O O 10 k ~SURVEYED: 25 OCTOBER 2005 C9~ l~ SCALE I 30' AREA - 15,241 S.F. OR 0.35 ACRES iw.~'.1°i.rwnMe SURVEYED BY STANLEY J. ISAKSEN, JR. '°"'"""°n6eurw6nmmv P.O. BOX 294 aN6WIwArrorlW9wrem YYIIb1+Mll^IAlalil/rYi^MNAU AN492 NY1956 35 UOR 77 05R1449R207DE005 New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 • Fax: (631) 444-0360 Website: www.dec.nv.gov September 11, 2013 Mr. Donald McCallion 9 Pinecone Ln R ~ICMI ED Southborough, MA 01772 OCT 3 2013 Re: Permit #1-4738-01299/00003 BOARD OF APPEALS Dear Mr. McCallion : In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sin erely, Susan V. Ackerman Permit Administrator t cc: TW File p \ NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01299 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: DONALD MCCALLION MCCALLION PROPERTY 9 PINECONE LN 1100 DEAN DRISCTM# 1000-116-05-013 SOUTHBOROUGH, MA 01772 CUTCHOGUE, NY 11935 Facility Application Contact: 140 SUFFOLK ENVIRONMENTAL CONSULTING t RECEIVED INC C/O MATT MANS OCI 3 7013 1000 JERICHO QUAD SUITE 300 BRIDGEHAMPTON, NY 11932-2003 BOARD OF APPEALS (631) 537-5160 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 710.457 NYTM-N: 4540.631 Latitude: 40°59'23.0" Longitude: 72°29'53.1" Project Location: 100 Dean Drive, Cutchogue Authorized Activity: Restore existing fire damaged residential structures, new septic system and decks located in the Tidal Wetland Adjacent Area a minimum of 75 feet landward of the wetland boundary. All work shall be in strict conformance with the attached survey stamped "NYSDEC Approved" on 9/9/13. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-01299/00003 New Permit Effective Date: 9/9/2013 Expiration Date: 9/8/2018 Page I of 7 gh NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 14W Facility DEC ID 1-4738-01299 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. RECEIVED I Permit Administrator: SUSAN ACKERMAN, Deputy Regional Permit Administrd~f 3 9013 Address: NYSDEC REGION 1 HEADQUARTERS V1 SUNY @ STONY BROOK150 CIRCLE RD BARD OF APPEALS STONY BR OK, NY 1790 -3409 Authorized Signature: Date 0 /0 Distribution List SUFFOLK ENVIRONMENTAL CONSULTING INC Habitat - TW Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Regulated Activities Authorized By This Permit This permit authorizes only those regulated activities / structures identified under the section Description of Authorized Activity. NYSDEC does not issue after-the-fact or as-built permits. This permit does not authorize activities, or legitimize the existence of structures, which would have required a permit but for which no permit or other authorization has been granted NYSDEC. 2. Sanitary Systems above Groundwater Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2 feet above seasonal high groundwater. 3. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 100 linear feet landward of the tidal wetland boundary for immediate on-site recharge. Page 2 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 0 Facility DEC ID 1-4738-01299 4. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by John T. Metzger last revised August 26, 2013. 5. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 6. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 7. Failure to Meet Permit Conditions Failure of the permittee to meet all the conditions of this permit is a violation of this permit and grounds for an order to immediately cease the permitted activity at the project site. 8. Structure Must Be At Least 75 Feet Landward Of Wetland Boundary This permit authorizes the reconstruction or restoration of residential structures located in the adjacent area at the prescribed minimum setback only. Structures located in tidal wetlands, or structures in the adjacent area but located less than 75 feet from the wetland boundary, are not authorized. 9. Development Restrictions Reconstruction / restoration projects authorized by this permit must meet all of the applicable development restrictions of 6 NYCRR Part 661.6(a)(1), (4) and (7): - The 75 foot minimum wetland setback requirement for all principal structures and all non-water- dependent structures exceeding 100 square feet in area. - The 20% maximum adjacent area coverage limitation for impervious structures and surfaces. - The 75 foot minimum wetland setback requirement for all hard surface driveways, roads, parking areas and similar impervious surfaces exceeding 500 square feet in area. 10. Area of Disturbance for Structures Are of disturbance must be limited to the area landward of the "Edge of Lawn" notation shown on the approved plan. 11. Straw Bales or Other at Tidal Wetland A row of staked straw bales or approvable erosion control devices shall be placed at the landward edge of the buffer area or 75 linear feet from the tidal wetland boundary, or as per the NYSDEC-approved plan, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 12. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices)-placed on the seaward side between the fill and the wetland or protected buffer area. TaPpg" f Wrized to supplement these approved methods. OCT 3 2013 ~0~v BOARD OF APPEALS Page 3 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 0 Facility DEC ID 1-4738-01299 13. Vegetate All Disturbed Areas The permittee shall revegetate all exposed faces and disturbed areas to prevent soil erosion priorto the project completion or expiration date of this permit, whichever comes first. 14. Roof Runoff Directed to Drywells Roof runoff shall be directed to drywells with the capacity to store / recharge the runoff from a 2 inch / 24 hours precipitation event. All drywells shall be located a minimum of 75 feet landward of the tidal wetland boundary. 15. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 16. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 17. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 18. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary. 19. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 20. Precautions Against Contamination. of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 21. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. l n RECEIVED OCI 3 2013 BOARD OF APPEALS Page 4 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4735-01299 22. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 23. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. RECEIVED OCT 3 2013 Rop-J7G 0r: nn ~A~S Page 5 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-01299 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION I HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. RECEIVED ~1 OCT 3 2013 19 BOARD OF APPEALS Page 6 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 0 Facility DEC ID 1-4738-01299 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittec's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. ~6gg RECEIVED OCT 3 201a BOARD OF APPEALS Page 7 of 7 SCDHS Ref No. RIO - 13-0049 WATER) (DWELLING W1TN PUBL1 -f m (N AC ANT, + ra x rr till $X:5 d DAN 100?OA D) C~ EL. 63 ?nm~ y~ l~ rn LOT_ IYYY ~ e ! zm m COVERAGE o .y. t4 5?' TER 4N 5 r' 3 x 1 l d EL- PUBLIC WA 1 TREET qN,6 y FIRE DAMAGED HOUSES "V 1 0 - o DECK 1619 sq.f, w 50.0' ? 3°e r ,ru, GARAGE 331 sgJ1 3 N79~ZOOw ~R EFE ~ r° rn o, 1950122201 8.8% 1950 sq.1 Q PROPOSED HOUSE, DECKS m H<' I 8 HOT TUB 2413 S q.1 -04 ' EL. 51 F~ N a N -s ~~m ti l GARAGE 331 sq.f < 2744 sq.l pp'E n / ~o•i T 6.5 x Iv 2744122201 = 12.3 % N792 pp' 4 4~y 0 - 16 3 -N D "O !n r n Nj4.42~ ~E ° FR o ° y ^ E 40. GAR• O : nE~ A m~ m SURVEY OF PROPERTY NF oTl 9' yD v UTIUTY y D z AT CUTCHOGUE POLE 0 4' FE J 0.2'E TO WN OF SO UTHOLD E ~WsrsyFAl F SUFFOLK COUNTY, N. Y. LP `P x EP SUBSURFACE SEWAGE DISPOSAL 1000-116-05-13 NOTE ~e /'`t O SYSTEM DESIGN SCALE. 1.--30 r Z v 1 _ (si E 0.6E O BY, JOSEPH FISCHETTI, P.E. APRIL 24, 2013 ° J 1725 HOBART ROAD MAY 8, 2013 (LOC. DECK POST) r min 9 n sOUTHOLD, N.Y. 11971 CO i MAY 21, 2013 (LOC. DECK COLUMNS & ADJ. HOUSES) JULY 9 2013 (Mp~~~Tffp~~~gg)~ JULY Il 2013 lREVISIONSI' e JULY YI, 2013 (CORRECTION 8 REVISION) O r3s' AUG. 12, 2013 (revislonI 12 AL'G. 26, 20i3 (revisions) e 21 9 Y10 Ems. D 13.1' m m n 7.6' E r O D W A THE OUTLINE OF FIRE DAMAGED HOUSE C 1 g w ~x 6.1 71 (T fJ 8 DECK IS DENOTED BY A RED LINE 14.7' p C C m rx 7 D 300 cu.yds ! REOURED p n 13.6 (1't o r ik 'r\ - II RAIN RUNOFF CONTAINMENT Ovc'~ r m0 Y\ GARAGE 331 sq•It. 331 = I r 0.17 = 56.3 eu.11. 9~ F1 / \ 1 N N \ P HOUSE ROVIDE I DRYWELL 6'0 • 3' deep CAE \3ovF- O O 1558 sq.it. Ots r ~ a z i958 ~Gµ 1 Z~?E / Tt -558 5 1 k 0.17 .cu.if. PROVIDE 2 DRYWELL ELLS 8'0 x 4' deep or equal jr m N TEST HOLE DATA I o BY McDONALD GEOSCIENCE / 65 m Z 4/17/13 9- P nn EL. 5.7' 5 BROWN LOAM OL 0. BROWN SILTY SAND SM I 3 C PALE BROWN FINE SAND 5P D EL. 1.0' WATER 4.7' \ y . - WATER IN PALE BROWN FINE SAND SP / 11' N ~ d 91= PROP. ELEVATION PROP. C_:..?-OUR EYI DAMAGED HOME TO REMOVED EXIS STING CESSPOOL TO BE REMOVED Pl!Rai`"r OZ. I / / PS ~d 'Aa`s AREA= 22201 SO. Ff. TO TIE LINE S(o - RECEIVED 1,6~~a~ ELEVATIONS REFERENCED TO N. A. V.D. 1988 FLOOD ZONE FROM FIRM RATE MAP OCT 3 2013 MAP NUMBER 36103CO501H SEPTEMBER 25, 2009 ~i ~k . ti1E t~., r I am familiar with the STANDARDS FOR APPRG9`QARD OF APP N EALS AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES 5 Q~00 1 -A. i a s i >Y? and will abide by the conditions set forth therein and on the r permit to construct. 04L t 6 ~A The The location of wells cesspools & public water shown hereon ore Ao from field observations and or from data obtained from others. LAAdOG ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION IC. OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. ' Nt (.VNI VEYOR N.Y. S. L IC. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERPFICATIONS 1 765-5020 FAX P.C- HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 63) SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P. 0. BOX 909 WHOSE SIGNATURE APPEARS HEREON. 1230 TRAVELER STREET =MONUMENT SOUTHOLD, N. Y. 71977 13 -rPI1 i ~ , • I - ~ , , .r. 1T- .tom-•-'1_ Y - rA-i T I ~-r~l F 111 1 _ l _ r ~Q - RECEIVE !IF - I 'i OCT 3 2013 4-1 = BOARD OF APPEALS i l I~ t,~ ~ iI ~ II I tt -•-f ~ I"_-.F~}i1~- _-r, it I riT S L' T E R AND T a ut.- T~ DESIGN S. L T t R ' APCNITECT RE 14. - t100 pe4JlU~~ C TZWanG~ Yr l Von f!O 4 r. o. eox nav _IZa ]es suv Ab EnuE i- I L A, I L _ r I I ~ y_ T II _ 1 _ 1 ~ 1. I I Frwl EL kI Il~t I ' 1~1 r r-• ~ 11 ' rr ~ ~ t I Ir- ~ r I I 1_ ' I i qp '~I it •I i ~ - _ - _ _ - f REC IVEp _ OCT 3 T~ } ?013 BOARD OF APPEALS 172 "ol 41'551, 7,7 4 1 S U T E aND 5 U T E R - - P - - _ - - - - D E S I G N - - ~ RCHiTEC TL'RE LA IS CA PE ~IGILfQ YVVt$Fp ~Itlr~T'~`~f~ 6N ~ ' _ EOM--~-r te 4ESS RYI;E l tY QFCK 63 1 6 6 3 3 8 ] ] x~s/pj~nna~ aNr 2s noosxal wul N sL, ~ P O. BOX 1909 12a ~SSI.PAVE ' LOGE ~ 9:9 rAlt '-GL-~YC. Gt1//•lE A•el,f4m1 - I mrw svmrac: um X - - - Ta TAtiJ A lffS'~~ 6: : ~ S 9y WAo17dXl`] I ~iT9¢th/ 5Cu'Fk'1.] rka: -t++k'~G?~,-Y: Sf~Tf 6JASI FA*!+=.->. rs~n _ _ _ I v ?7 RECEIVED SEP 2 Ii 20; 30ARD OFAPPEALS 1105 Dean Drive Cutchogue, NY September 24, 2013 Ms. Leslie Kanes Weisman Southold Town Board of Zoning Appeals Southold, NY Dear Chairperson Weisman, In favor of the McCallion family's rebuild according to the plans. We are writing in support of the McCallion family's efforts to replace their home that burned down in April. The McCallion family has been our neighbors in the Beachwood community for over 40 years. It has been sad to walk past the remains of their family home and not be able to visit with the family matriarch, Mrs. Edna McCallion and watch her great-grandchildren play on the beach. The family did not ask for this problem and are only trying to replace their missing home with one that will accommodate the four generations who regularly used the home. Although we are not directly adjacent to the McCallion property, we can see their home from ours and have no objection to their plan. It would be lovely to have the family back in residence and far better than looking at the burned out shell of a house. Please give the McCallion plan your careful consideration and allow them to build their new home. Sincerely, Anne Suter Zimmer R~CEIVED ~aJ J / Aylward o~; Dean Drive SEP 2 5 h13 Cutchogue, New York 11935 BOARD OF APPEALS September 23, 2013 Ms. Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ms. Weisman: 1 am writing on behalf of the Aylward family, which owns the vacant lot on the corner of Dean Drive directly opposite the Donald McCallion property on Dean Drive. We have reviewed the variance requests that Donald is submitting to you and your colleagues on the Zoning Board of Appeals and highly support his requests. We look forward to a speedy completion of the McCallion project and to having our neighbors back in their new home as soon as possible. Sincerely yours, r Crate C2 Cq C~t,01 d Patricia A. Aylward Written on behalf of: RobertAylward Janet Golon o~~L~~~ • RECEIVED Aylward SEP 2.5 VVV 25 Beachwood Road BOARD OF APPEALS Cutchogue, New York 11935 September 23, 2013 Ms. Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ms. Weisman: I am writing as a neighbor who owns the property three lots west of the Donald McCallion property on Dean Drive. I have reviewed the variance requests that Donald is submitting to you and your colleagues on the Zoning Board of Appeals and highly support his requests. My family and 1 look forward to a speedy completion of the McCallion project and to having our neighbors back in their new home as soon as possible. Sincerely yours, Joan M. Aylward RECEIVED Don Suter SEP 2 31013 1150 Dean Drive Cutchogue, NY 11935 BpARD OF September 18, 2013 APPEALS Ms. Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals PO Box 1179 Southold, NY 11971 Dear Ms. Weisman and members of the Zoning Board of Appeals, own the property adjacent to and east of the McCal lion property SCTM# 1000-116-5-13. My parents purchased their house in the Beachwood Community 57 years ago and 1 spent my summers growing up in Beachwood. I built a house in Beachwood 28 years ago. We have been friends with the McCallion family since they purchased their Beachwood house over 50 years ago. The original eight (8) Beachwood lots, including the McCallion property and my adjacent property, were carved out of the Downs Farm property around 1910 and by 1915 eight summer cottages were built on the lots. These beachfront lots are long and narrow and were set up long before today's zoning laws were considered. As a Community, Beachwood residents have learned to live in close proximity to their neighbors due to these narrow lots. Therefore, I support the McCallion's request for a variance from side yard setbacks in order for them to re-build their house. Similar to side yard setbacks, Beachwood has learned to live with lot coverage of over 20% in order for families to build all year round houses to replace the original cottages. Therefore, I support the McCallion's request for a variance from the code permitted 20% lot coverage. If you have any questions, please feel free contact me at 631-734-2584. Sincerely, Donald W. Suter Beachwood homeowner and President of Beachwood Property Owner's Association. RECEIVED ~i SEP ] ~ 8 ?Div 903 Poplar Hill Road Baltimore, Maryland 21210 BOARD OF gppEq~S September 12, 2013 Ms. Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Ms Weisman: I am writing on behalf of the Mears-Couse family, which owns the property immediately to the west of Donald McCallion's property on Dean Drive. We have reviewed the variance requests that Donald is submitting to you and your colleagues on the Zoning Board of Appeals and as an abutter of his property, we are in support of his requests. We look forward to the completion of this project and having Don and his family back next door to us again. S' cerely yours Mary n E. Mears Written on behalf of: Joanne Couse, Mary Ann E. Mears, Preston K. Mears and David R. Mears 1050 Dean Drive Cutchogue, New York BOARD MEMBERS OF so Southold Town Hall Leslie Kanes Weisman, Chairperson ~a y0 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes * Office Location: Gerard P. Goehringer G k Town Annex /First Floor, Capital One Bank George Horning • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider COUNi'1 Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 3, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. OCTOBER 3. 2013: 11:40 A.M. - DONALD J. McCALLION #6686 - Request for Variances from Article XXIII Code Section 280-124 and the Building Inspector's August 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of a new single family dwelling at; 1) less than the code required minimum side yard setback of 15 feet, 2) less than the total combined side yards of 35 feet, 3) more than the maximum code permitted lot coverage of 20%, located at: 1100 Dean Drive (aka Beachwood Road) (adj. to Great Peconic Bay) Cutchogue, NY. SCTM#1000-116-5-13 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&Town.Southold.nv.us Dated: September 9, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONi@ BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net September 9, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, October 3, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before September 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible: AND not later than September 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 1, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. 9 9 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Ball, 53095 Main Road, Southold: NAME: McCALLION, D. # 6686 SCTM#00 1000-116-5-13 VARIANCE: YARD SETBACKS & LOT COVERAGE REQUEST: DEMOLITION & RECONSTRUCTION DATE: THURS., OCT. 39 2013 11:40 AM If you are interested in this project, you may review the file(s) prior to the shearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 j-cct- Et l~ #11354 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 26th day of September. 2013. Principal Clerk LEGAL NOTICE IAI'00 AJ% _ FORDH_AM HOUSE SOUTHOLD TOWN LLC #66M - (Adj. from PH 9/3/13) Re- ZONING BOARD OFAPPEALS quest for Variances fromArtide IV Code THURSDAY OCTOBER 3, 2013 Section 280-18 and Article XXII Code PUBLIC HEARINGS E Section 280-116 based on an application day of 013. NOTICE IS HEREBY GIVEN, put- for building. permit and the Building In- rotor toSection 267oftheTownlawand spector's July 24,2013, amended August Tbwn Code Chapter 280(Zoning),Town 6,2013 Notice of Disapproval concerning of Southold, the following public hear- a permit to construct a new single family ings will be held by the SOUTHOLD dwelling; at; 1) proposed construction at TOWN ZONING BOARD OF AP- more than the code maximum height of PEALS at the Town Hall, 53095 Main 2 12 stories, 2) lot coverage more than Road, P.O. Box 1179, Southold, New the code permitted 20%, 3)less than the Yak 11971-0959, on THURSDAY OC- code required 100 foot setback from the TOBER 3,2013: top of bluff, located at: 5205 The Long RI A VOLINSKI 1 M1CHAdsL LLOYD Way (adj. to Long Island Sound) East Request for Variance Gom Ar- Marion; NY. SCPM#1000-21-5-11 NOTARY PUBLIC-STATE OF NEW YORK XXIII Section 280-124 and the 10;20 A.M- - MAJO IE SNYDER 11.20 A .&L -JOHNNY DONADIC No. 01 V06105050 Building Inspector's March 25, 2013, sad ANN NOTTES 116683 - Request llig& - Request for Variances from updated August 29, 2013 Notice of Dis- for Variance from Article XXIII Section 'Iifietl In Suffolk County based - on as Article YXII Code Section 28411 approval application for 280-124 and the Building Inspector's July and Article cle XXII Code Section 124B 248 dsalon Expuas February 26, 2016 building permit for a deck and spa ad- 25, 2013 Notice of Disapproval based on and the Building Inspector's August 14, ming pod and construction of agazebo,at; ditions to existing single family dwelling: an application for building permit for 2013,amended August 23,2013 Notice of 1) work outside of the scope of the build- 1) lea than the code required minimum additions and alterations to existing sin- Disapproval based on an application fc ing permit and certificate of occupancy for front yard setback of 40 feet, located gle family dwelling: l) lea than the code building parent for additions and alten- the. pod house, 2) pod house at less than at 2350 Clearview Avenue. (comer Ga- required minimum front yard setback of bons to existing single family dwelling; the codepermitredmioimummdeyardset- gen's Landing Road) Southold, NY 35 feet, located at 1245 Inlet Pond Read 1) proposed eonsruction at less than bade of 15 fact, 3) pod house at lea than SCIM#1000-70-W28.3 (corner Green 1811 Lane) Greenport, the code required bulkhead setback Of the code permitted minimum rem yard t'jt&!jL - RICHARn F. and NY. SCTM#1000-33-2-29 75 fee 2 more. than the maximum code setback of 15 feet,4) In-ground swimming ANAI~A 'C RIE6EL III #668/ - ]I" AAL - .AWRENr'F permitted lot coverage of 20%, located pod in a kaatiai other than the code re- Raqueat for Variance ftomA u" XXIII HOLFELDER #6682-Request for Vari- at: 325 Willow Point Road (adj. to a ca- quired rear yard, 5) °a bruit" gazebo in a Section 21PI24 and the Building lnspec- amn from Article XXI Code Section nal) Southold, NY. SCIM#1000056-5-2b location direr than the code requited rear tor's July 29, 2013 Notice of Disapproval 280-116(B) and the Building Inspector's 11M A AL DONALD L MeC I- yard, located at No # Montauk Avenue based on an application for building per- June 20, 2013 Notice of Disapproval WON #6686 - Request for Variasicea Pchzr%b&mdLNY.SCIWI000.9-2-15 nit for additions and Alterations to ex- based on an application for building from Anise XXIII Cade Section 280- The Board of Appeals will hear all fisting single family dwelling:. l) less than permit for adtfltions and alterations to 124 and the Building Inspector's August person or their #epresentati rm dealt the code required minimum front yard e>astiog single familY n& 1) Pm- 20, 2013 Notice of Disapproval based on m8 to be Beard at each heµine,-anNm setback of 60 feat, located at 3651 Cres- poses cr»tractiori at less than the code an application for building permit for desiring to. submit written statements cent Avenue (comer.. Central Avenue, required burBchead setback of 75 feet, demolition and reconstruction of a new before the coni!lpsion of each hearing. Mnnnatawket Avenue and Fox Avenue) located at: 6340.Pectimc Bay Boulevard single dwelling at; 1 lea than Each hearing will not start earlier than Haber's Island, NY. SLIM#1000-6-3-1 - family Bing ) 9s10 Its. _ EDWARD J. .AN. (ail. to Great jp soaarc Bay) Laurel. NY. the code required minimum side yard designated above. FEW are available for SC- M#1000426-11.1 setback of 15 feet, 2) less than the total review during regular business hours front front Article cle XXI Request Section finr 2 280-Variance yAl11AJN- - 9 A.r,¢ combined side yards of 35 feet, 3) more and prior to the day of the hearing If 116(B) : R than the maximum code rmitted lot you have question,. pleas contact our SW SON m6 qnest m, and the Building Inspector's July 30, antes from Article =11 Section 280- coverage of 20%, located at: 100 Dean office at, (631) 765-1809; or by email: ~1Dwpproval based on an~a~ Granon or 124 andl be Building Inspector's May 17, Drive (aka Beachwood Road) (adj. to Vreki.Toth@Town.Southold.ny.n PP 2013, amended June 24, 2013 Notice of Great Peconlc Bay) Cutchogue, NY Dated: September 9, 2013 , bukhng permit for a patio and pergola Disapproval based on an application for SCfM#1000-116-5-13 ZONING BOARD OF APPEALS addition, at; l) lea than the code required bulkhead building permit for addition and alters- t±rnpv_ . SUZANNE S COLEMAN ~ LESLIE KANES WEISMAN, CHAIR- setback of 75 feet. located at tions to axis' nest forVarianasfromArtide PERSON 330 South Lane (adj. to Gardiners Bay) ting single family dwelling, at; _&E-lleq 1) leas than the code re ur III Code Section 280-15 and the Building BY Vicki Toth Eat Marion, NY. SCTM#1000-38--14 9 ed minimum side yard of 10 fee[, 2) lea than the code Inpecor's March 4, 2013, renewed Au- 54375 Main Road (Office Location) required nual m combined side yards gust 13, 2013 Notice of Disapproval based 53095 Main Road (Mailing/USPS) of 25 feet, located at: 1120Tiuman's Path on an application for building permit for PO. Box 1179 (adj. to Marion Lake) Eat Marion, NY. "a Built" alterations to an existing pool Southold, NY 11971-0959 SC7M#1000.31-12- home, construction of an in-ground swum- 11.354-1T 926 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK M ' /Il AFFIDAVIT OF In the Matter of the Application of MAILINGS ~AJAZy M `~'~lc~ (Name of Applicants) SCTM Parcel # 1000- 11 1, -5-)3 COUNTY OF SUFFOLK STATE OF NEW YORK I,DQn S Ll~~/o SL{F6v~<< residing at o23~a mA1,j 5; Nr,&,)waNU;wavw-slel New York, being duly sworn, deposes and says that: 9-ID&CHA-MPTZJ, n 1l °~3 On the 1 31"'day of SrP,- 20N 3, I personally mailed at the United States Post Office in aif 1Dl~E tAm, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 1 Gam` ~~Vc (Signature) Sworn to before me this 3Xday of 59k)- 2013 (Notary Public) a Ivans Notar} P, Col \v , CC of \v York NO 01':'16053859 Ounlifiea in SLI!Blk County Commission Expires januar 22,2 PLEASE list on the back of this Affidavit or on a sfieet o0laper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. U.S. Postal Service,,, • (Domestic Mail • Only; 3,t mn vn( u 1 S J p Certified Fee $3 06 ,per l~ lOl(/ OD C3 Retum Receipt Fee Poasnerk ip (Endoraernent Required) La' JH LUIJ M ° Restrkted Delivery Fee (Endommem Required) $0 7 Total Postage & Fees $ 13/2033 ~ry ° sard ru Wit,o ,tz t_.....- . orPOBox r °e P.4 1~:y-~------ PS Postal CERTIFIED MAILe.I RECEIPT n (Domestic C3 5 ._D ` s rR Postage $ s to N Certified Fee • p 5 y p Realm Receipt Fee /i p (ErMOreemem Requlred) i f p Reatrioled De I'm Y Fee ` LLI Ip p (EMOmement Required) \ ry fti S Total Postage & Fees $ C3 I1J Sent TO r-1~'- - - - - r, tog Cgy, slide, ZIP44 ^ U.S. Postal Service... (Domestic CERTIFIED MAIL RECEIPT Mail Only: No Insurance Coverage Provided) ~ p fi t ? ywp #aa~ l A L U S E j ~ Poelege $ $0.46 0W Certlesd Fee 'CiF06 v C3 FZ Rsos Real Wred) C'y ° tErdomert.nl ° Reetrkled Delivery Fee N ' ° (Endorse me 4 Ragfilled) O .00 Z i Total Postage a Fees $ N .li 99/13 tZ013 ° t o fll Q , M1 Cfy, SYete, Zlf'~ 'x'11_ PS F.rrr, 3800 A.,rest 2006 See Reverse for IrWurtiors ,D SENDER: COM-LETF THIS SECTION COMPL~,-,7 'HIS SECTION . DELIVERY ¦ Complete Itet, a,T. 2, and 3. Also complete A SI re Item 4 If Restricted Dellvery Is desired. ? Agent ¦ Prim your name and address on the reverse so that we can return the card to you. ReoNv y (Pdnted ) ¦ Attach this card to the back of the mailpiec or on the front if space permits. D. Is delivery address dNrersnt horn MV 11 13 1. Article Addressed to: If YES, enter del" address below: 0 No -Wears Couse LLC UValtham Way rson, NJ 08527 s. type ed Mail a Bveea mail Regla Man O Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restrkted Delivery? Print Fee) ? Yes 2. Article Number- 7012 0470 0000 5160 4638 Marraier Irom swvke iew Ps Form 3811, February 2004 Domestic Retum Receipt 102595-02-WI540 E • McCallion Property (o 100 Dean Drive; Cutchogue, NY 1000-116-5-13 116.-5-14 Suter QPRT I Suter QPRT II 1150 Dean Dr Cutchogue, NY 11935 116.-5-12 Mears Couse LLC 1 Waltham Way Jackson, NJ 08527 116.-5-8 Robert J Aylward Janet M Golon 530 E 76th St Apt 21AB New York, NY 10021 TOWN OF SOUTHOLD lYI GCR ~~l o7t ZONING BOARD OF APPEALS W6 (~(p SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING aAJ o KA °C}q w, i n j (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 114; -5 - 1 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 171n, r. U14S5IC(c- residing at „23.,1 M~ s_rf; Wlw iJt/,w- sus C~b `~uf t ~c~c cvv etvrr~v CnOsui,7i ~1AX. RJei i(~C jA ,,j , New York, being duly sworn, depose and say that: On the day of n2r- , 2013 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be 6e7- -3 b 13 (Signature) Sworn to before -T this ,k$Day of 31EK 2013 4otary Public) Matthew D.Ivans Notary Public of New York No, 011V6053859 Qualified in Suffolk County ~t~ * near the entrance or driveway entrance oMy property209the area most visible to passerby. Suffolk Environmental Consulting, Inc. Newman Village. Suitc E, 2322 Main Street, P.O. Box 2003, Bridgehampton. New York 11932-2003 1631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S.. President September 16, 2013 Southold Town ZBA \(J D c/o Ms. Vicki Toth P.O. Box 1 179 Southold, NY 11971 Re: McG2Mon Property Situate: 100 Dean Drive; Cutchogue Town of Southold, NY SCTM 1000 -116-5-13 Dear Ms. Toth, As you know this Firm represents the owner of the property referenced above who is seeking to improve thereon. As per the hearing requirements of the Southold Zoning Board of Appeals, I enclose herewith: ? Affidavit of Mailing dated September 13, 2013, with certified receipts attached to all abutting property owners. Please be advised that we will forward to you the green receipts cards as we receive them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, Diane K. Wassick enc. cc: Mr. McCallion 0 Office Location: QF so~Tyolo Mailing Address: Town Annex /First Floor, Capital One Bank # * 53095 Main Road 54375 Main Road (at Youngs Avenue) a+ P.O. Box 1179 Southold, NY 11971 ~O Southold, NY 11971-0959 MUM http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 August 29, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6686 Owner/Applicant : McCALLION, DON Action Requested: Demolition and re-construction of a new single family dwelling, side yard setback, total side yard & lot coverage. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K eisman ZBA rp rson By: Encls. Office Location: SO(/jyolo Mailing Address: Town Annex /First Floor, Capital One Bank # # 53095 Main Road 54375 Main Road (at Youngs Avenue) CA ~ P.O. Box 1179 Southold, NY 11971 • O Southold, NY 11971-0959 Cow, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 August 29, 2013 Mark Terry, Principal Planner LWRP Coordinator AUG 2 9 2013 Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6686 McCallion, Don 1000-116-5-13 Dear Mark: We have received an application for demolition and re-construction of a new single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie s Chairp r By: Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson $oUryO 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Erie Dantes # Office Location: Gerard P. Goehringer co Q Town Annex /First Floor, Capital One Bank George Homing ~O 54375 Main Road (at Youngs Avenue) Ken Schneider l~CO Southold, NY 11971 http://southoldtown.noithfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 October 21, 2013 Bruce Anderson Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 RE: ZBA Application 46686 - McCallion Dear Mr. Anderson: Transmitted for your records is a copy of the Board's October 17, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. SEE SEC NO. 10 FOR NO. SEE SEQ SEC. NO. 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