HomeMy WebLinkAbout6830fie^ a ?
ya � �� K
VA��
TLA e,,— p cav i a- � U
*665g be m of r di c c,(
oek"-� S, le- 40-111 i��
a it -e( SCC {3 S�C� r CIU
fit >()(/ 1 , 6 6
Ij "tge,XV-A P6CV-7)
-- 1, 3-e IOC&J-,-
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Horning
Kenneth Schneider
ZBA FILE: 6830
Southold Town Hall
53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 19, 2015
NAME OF APPLICANT: David Turner S.C.T.M. 1000-80-1-47.1
PROPERTY LOCATION: 640 West Shore Drive, (adj.to Southold Bay) Southold, NY
RECEIVED
1.
Southold Town Clerk
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.
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 December 29, 2014 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 January 23, 2015. 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 EXEMPT from Coastal Consistency Review.
PROPERTY FACTS/DESCRIPTION: The property is located on West Shore Drive in Southold. The property is
a non -conforming 11,820 foot parcel located in an R-40 District. It is improved with a single family dwelling and
accessory garage. The property has 60.15 feet of water frontage on Southold Bay, 195.00 feet along the eastern
property line, 60.04 feet on West Shore Drive, and 197.00 feet along the western property line, as shown on the
plan labeled proposed wood deck sheet number A-100.00 dated 11-25-14 prepared by David H. Turner, Architect.
BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building
Inspector's December 5, 2014 Notice of Disapproval based on an application for building permit for additions and
alterations to existing single family dwelling, at; 1) less than the code required minimum single side yard setback
of 10 feet, 2) less than the code required minimum combined side yard setback of 25 feet.
RELIEF REQUESTED: The applicant requests variances to construct a deck addition to the west side of the
dwelling with a single side yard setback of 5 feet and combined side yards of 16 feet where the code requires a
minimum of 10 feet and combined total of 25 feet.
AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity
with the code. The applicant on February 12, 2015 submitted a plan increasing the proposed East side yard setback
to a conforming 10 feet, thereby eliminating one variance, and the combined side yard setback to 21 feet thereby
bringing the plan into more conformity with the codes.
Page 2 of 3 — February 19, 2015
ZBA#6830-Turner
SCTM#1000-80-1-47.1
ADDITIONAL INFORMATION: The applicant received prior variance relief under ZBA#6658, to demolish and
construct a new dwelling with accessory garage. Applicant received alternative relief.
FINDINGS OF FACT/ REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on February 5, 2015 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 4267-b(3)(b)(1). Grant of the relief as amended will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. Applicant proposes to reduce the size of the
deck to eliminate the single side yard variance, bringing the home into conformance with other similar houses to
the West and East of his in keeping with the character of the neighborhood.
2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than an area variance. The applicant can reduce the size of the deck and eliminate the
single side yard variance and increase the combined side yards by an addition of 5 feet for a total of 21 feet which
is more conforming to the code.
3. Town Law 4267-b(3)(b)(3). The variance granted herein for the combined side yard setback is mathematically
substantial, representing 16% relief from the code. However, the lot is a small lot and other parcels, including the
applicant's Western neighbor have non -conforming side yard setbacks.
4. Town Law 4267-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 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 4267-b. Grant of the relief as amended is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a deck addition 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 Member Dantes, seconded by Member Weisman,
(Chairperson), and duly carried, to
DENY the application as applied for, and
GRANT, the relief as amended; the single side yard on the west shall be no less than a code conforming 10 feet
and the combined side yards shall be no less than 21 feet. As shown on the architectural drawings dated 11-25-14,
revised 2-9-15 prepared by David H. Turner, RA as pages A-100.00 & A-101.00. Subject to the following
condition;
CONDITION:
1. The deck shall remain open to the sky.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Page 3 of 3 — February 19, 2015
ZBA#6830- Turner
SCTM#1000-80-1-47.1
Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays andlor 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 minimis in nature for an alteration that does not increase the degree of
nonconformity.
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three
(3) years from the date such variance was granted. The Board of Appeals may, upon written
request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one
(1) year terms.
Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes. (Absent was: Members Horning and
Goehringer) This Resolution was duly adopted (3-0).
Leslie Kanes Weisman, Chairperson
Approved for filing /�� /2015
m
I" Y400D DECK
x BASE IM
METAL F INS
r_ 2'xb' ,101 T • 24' O.G.
NEW 5"xb" BOLTED
TO WALL WITH 1/2" DIA.
BOLTS ® 24" O.G.
\ \/\ \ \ \
\��A jAA/j
4
\
SF -GT I ON "All
NOT TO 50ALE
FINAL MAP
REVIEWED BY ZBA
'SEE DECISION # �� J
DATED/ I/��1���
POST L
12" SONO WITH CONCRETE
_
0,500 PSI)
�fi��M I NG F'L�N
SCALE 5116" = 1'-0"
I
f. + 55.5'
FL.
V. + 2,75
`L.
�/. + 1-7.5
DAVID TURNER ARCHITECT, P.C.
450 SEVENTH AVENUE, SUITE 1907, NEW YORK, N.Y. 10123
(212) 594-0840 FAX (212) 594-1530
PROJECT
640 WEST SHORE DRIVE
SOUTHOLD, N.Y.
SHEET
SIDE ELEVATION &
FRAMING PLAN
SEAL ANJ?SIGNIATURE
DATE:
11-25-14
PROJECT No:
a� a
DRAWING BY: M.A.I.
CHK BY:
}
k
DWG No:
A-1 01.00
CAD FILE No: 2 OF 2
RECONSTRUCT 4
ENLARGE EXISTING
ONE FAMILY
�—FT RESIDENCE
AREA OF WORK
HVAC
GARAGE
NEW CRUSHED
STONE DRIVEWAY 0
N
I
2015 Hl" vwTet LINE
Munn....
— 7
ZONE R-40 DISTRICT
TAX MAP 1000-080.00-OI.00-04'1.001
d� PLOT5 6,'7 4 THE EA5TERLY 10' OF PLOT 5 IN
BLOCK B, ENTITLED "MAP OF REYDON SHORES,
I INC., BAYVIEW, L.I., N.Y., IN THE TOWN OF
I SOUTHOLD, 5UFFOLK COUNTY, N.Y." A5 MAP 651
r
IAAs I RECEIVED Q
cl 0
_FEB 1 2 2015
� NAL MAP ZONING B ARD OF APPEALS
REVIEWED BY ZBa
A01-01 LE PAMIL SEE DECISION # ���
DATED �' 0 IS
�I I
I I
I
I I
DAVID TURNER ARCHITECT, P.C.
• I 450 SEVENTH AVENUE, SUITE 1907, NEW YORK, N.Y. 10123
I I (212) 594-0840 FAX (212) 594-1530
PROJECT
5%H070PZ
T 7VMRjV/E 640 WEST SHORE DRIVE
SOUTHOLD, N.Y.
WOOD DEC,< PLAN
SCALE 5/52" = 1'-0"
<E)" PLAN
NOT TO SCALE
SHEET
PROPOSED WOOD DECK
SEAL AND StGNATbqkE
,..
DATE' 11-25-14 (REV. 2-9-15)
PROJECT No:
DRAWING BY:
M.A.I.
CHK BY:
DWG No:
A- 100.
00
CAD FILE No:
1 OF 2
6
TO: David Turner
450 7h Avenue, Suite 1907
New York, NY 10123
0
FORM NO. 3
TOWN OF SOUTHOLD 1 L�
BUILDING DEPARTMENT
SOUTHOLD, N.Y. NI�,Ga�kv aFP
NOTICE OF DISAPPROVAL P�'Its
DATE: December 5, 2014
Please take notice that your application dated December 1, 2014
For permit to construct additions and alterations to an existing single family dwelling at
Location of property: 640 West Shore Drive, Southold, NY
County Tax Map No. 1000 - Section 80 Block 1 Lot 47.1
Is returned herewith and disapproved on the following grounds:
The proposed construction on this non -conforming 12,632 square foot lot in the Residential R-40
District is not permitted pursuant to Article Kull Section 280-124, which states that, on lots
measuring less than 20,000 square feet in total size, the minimum sin lg a side yard setback is 10 feet
and the minimum combined side yard setback is 25 feet.
Following the proWsed construction, the dwelling will have a single side yard setback of 5 feet and a
total side vard setback of 16 feet.
Cc: File, ZBA
OFFICE LOCATION:
;� �y� Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
\ puthold, NY 11971
r.�
IN
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry, Principal Planner V0
LWRP Coordinator
Date January 23, 2015
Re: Coastal Consistency Review for ZBA File Ref. DAVID TURNER #6830
SCTM# 1000-80-1-47.1
Saw
til
RECEIVED
0ARD OF APPEALS
DAVID TURNER #6830 - Request for Variances from Article XXIII Section 280-124 and the Building
Inspector's December 5, 2014 Notice of Disapproval based on an application for building permit for
additions and alterations to existing single family dwelling, at; 1) less than the code required minimum
single side yard setback of 5 feet, 2) less than the code required minimum combined side yard setback
of 25 feet located at: 640 West Shore Drive (adj. to Southold Bay) Southold, NY. SCTM#1000-80-1-
47.1
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 second
story addition is EXEMPT from LWRP review pursuant to:
§ 268-3. Definitions. MINOR ACTIONS item "F' 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 CERA.
The parcel is not located within the Coastal Erosion Hazard Area.
Cc: Stephen Kiely, Assistant Town Attorney
�?7
7OUNTY'OF SUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
s-
40
_..Department_of _-
Economic Development and Planning
Joanne Minieri
Deputy County Executive and Commissioner
December 29, 2014
Town of Southold
Zoning Board of Appeals
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Attn: Leslie Weisman
Dear Ms. Weisman:
i ! l
BOARD OF APPEALS
Division of Planning
and Environment
Pursuant to the requirements of Sections Al 4-14 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
115 Commerce Dr. LLC/2232 Rose Bnok Farm LLC 6823
Estate of William Wood Jr. 6824
Nikolakakos, Stelios & Penelope 6825
Teperman, Lewis 6826
Pavlou, Andreas 6827
Nappi, Rick 6828
860 Bayview Drive LLC 6829
Turner, David 6830
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein
Senior Planner
a,"m]
H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191
•
Fee: $ Filed By: Assignment No.
• 4�-lye30
RECEIVED
l i
ZONING BOARD OF APPEALS
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
AREA VARIA�I-N�CE
64 0 �E s? S�-t o Cz � 1•� re D 0 —J `. -0 MG s
House No. Street Hamlet E ~(D 1-a
SCTM 1000 Sect ong 0, o Block Lot(s)16"�r- �Q Lot Size 12, � 3 2 Zone �-4o
OW:R) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 12 - S - 14- BASED ON SURVEY/SITE PLAN DATED I I -Z s - 14
Owner(s): 1 n
Mailing Address:
A -( A1-• I L . � jZ 1--1
-Z
Telephone:
NST
Telephone: o Fax: .514• - I S 3 o Email: OA -41 =>'T01;-- Her-
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: 1.JAti=o'-j H Vf - for ( Owner ( )Other:
Address: S ` 4-4 u -c ° 'l� j--1 •Z'. � i� � • � o I2 3
`2 V"0 Sal �" f3 �-'° C -LI Z7 V L to Z, o bl
Telephone: Fax: s ci 4 -o$ 0D Email: 01%-141 tJTy tZH t R -AR t4 el
Ple se check to specify who you wish correspondence to be mailed to, from the above names:
Applicant/Owner(s), () Authorized Representative, () Other Name/ Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE tLAN
DATED - 2 S - 14- and DENIED AN APPLICATION DATED I v 'i- S I Ll 4- FOR:
uilding Permit
( ) Certificate of Occupancy () 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: x )( I I I Section: _Z60 Subsection: 2 4 -
Type of A peal. An Appeal is made for:
A Variance to the Zoning Code or Zoning Map.
( ) A 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
A prior appeal has, () has not been made at any time with respect to this property,
UNDER Appeal No(s). (O X; Year(s). 'Z O 13 . (Please be sure to
research before completing this question or call our office for assistance)
Name of Owner: ZBA File#
RECEIVEt,
Name of Owner: ZBA File#
REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's
signature notarized): ZWING BOARD OF APPEALS
1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby
properties if granted, because: '-[' 1-1 tr PTZ P o S t'o S -t' tz �-r $ A Tz- b ► S lr b
W e o `o 1�:) a C- K- Nsl�- w t rz ty ?-/-% % c- A L 1. 4 f -It ,n >c t h-4 `J .c
�/ t 4 c, $ t L 1 T'-( L 1 H t h cr o f3Gi ? 1Z V c. T1 o
.-51-f E t 5 V H S l Z S v H A C) A"o r= W b S -T V- ELT.
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: H o o -T k-{ E p~ APP 2 a f 1,4 1 E L -O Lta ?1 o ff
c t ^ d Ir L \`.. W/ y./'a `t' L YL- '-/ 1 It V-./ . FL= G tE i -r( L. H -T c �'
TZA1SL►-> 'DLGNa.
�L"TWL �� t-Fo�SL= �aNc1;2t£CINlI:. wd�/c ID
13,F- LE45 Arf2M- ioIzt 4 TF-.
3. The amount of relief requested is not substantial because:
1 7 L �D t2- 0>- I ►.-t G L \,4/ o v ` tzs h�.� t �i u \-A tf b
to�IHIMg(-- 1/I5 -'-mac- :nt:5,5I2uc-TiaW,
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
i I T Lo' o ►-1 p� L t-'► b S "I' CZ L L T, h� !� t�� 12 S L
E t= t= F G'T o ff V)TL r-%' I ►-! da G is .
5. Has the alleged difficulty been self created? { } Yes, or'P<No Why:
'571T1_ t:� v1-AIp4V-SIZLb
Are there any Covenants or Restrictions concerning this land? { } No {VYes lease furnish a copy)
01,1E ti/ I o '15 '-'//N,tZ t M G V
This is the MINIMUM that is necessary and adequate, and at the same t' serve and protect the
character of the neighborhood and the health, safety and welfare the commu
Sign2ditre of Applicant or Authorized Agent
(Agent must submit written Authorization from Owner)
of e
f CARS JUEZ
STATE OF NEW YORK
NOTARY N 8 01 JUS190736
IN QUEENS COUNTY
QUA ���► i�N AIRES 03 28, 2016
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: "0�7-4 ' TZ. V --A �-7-kz— DATE PREPARED: I Z
1. For Demolition of Existing Building Areas
Please describe areas being removed:
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: "O CH K 41r ZONING BOAPD OF APPEAL
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from
natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary). Please describe building areas: 1 x
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations: +-A ,e,
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot: 2 Co 'L -
Percentage of coverage of your lot by building area:
V. Purpose of New Construction: F-� La w X10 " 0 '!Z, L `'t`- t> 'CD 11=' G IC'
Ig O S , 1 ►-'- IZ-�,4-
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):
"F ra -F C o H -i' o '.j fZ,
Please submit 8 sets of 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.
4/2012
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION «ECEIVEr
A. Is the subject premise sted on the real estate market for sale?
Yes No zcrrn
G
BC3H'C:
B. Are there any propos to change or alter land contours?
No v Yes please explain on attached sheet.
t::'rt.Arev_C�b C.
C. l.) Are there areas that contain sand or wetland grasses? � °
2.) Are those areas shown on the survey submitted with this application? f -A A,
3.) Is the property bulk headed between the wetlands area and the upland building
area? � E -
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? Please confirm status
of your inquiry or application with the Trustees:
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? F-4 a
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? a 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?� S If
yes, please submit a copy of your building permit and survey as approved by the Building
Department and please describe: P c- -T l y C `(Z LQ S la::, L w i, v <- e- c k h -r-
G.
G. 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.
H. Do you or any co-owner also own other land adjoining or close to this parcel? f4 U
If yes, please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel rAkAt L-(
CZL's I t;, IE HG Ls and the proposed use L r n �-c I L' --f
'- LE Sl d Ls H G E 2 (ex: existing single family, proposed: same with
garage, pool or other
Authorized Knature and Date
L0350
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS !*-Cevkkr
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: This form must be completed by the applicant for an��'��'s,��ecial use permit,
site plan approval, use variance, area variance or subdivision approval on property wI Afn*A4 W(yraxPPE�
district OR within 500 feet of a farm operation located in an agricultural district. All applications
requiring an agricultural data statement must be referred to the Suffolk County Department of Planning
in accordance with Section 239m and 239n of the General Municipal Law.
1. Name of Applicant:
2. Address of Applicant: -;�> a -3 WF -4T
3. Name of Land Owner (if other than Applicant):
4. Address of Land Owner:
5. Description of Proposed
Project: TD L c- K- T"o 1z 5 t vA < L Q 'fA N(t t.— f
6. Location of Property: (road and Tax map 1000
number) &+0 w.I T z I;HoizE "Pelma 5c.- J -A
7. Is the parcel within 500 feet of a farm operation? { } Yes 'V-fNo
8. Is this parcel actively farmed? { } Yes Pf No
9. Name and addresses of any owner(s) of land within the agricultural district containing active farm
operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is
your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office
(765-1937) or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1.
2.
3.
4,
5.
6.
(Please use the back is page
Signature of Wlicant
there are additional property owners)
��- i L-1 i tot ,+
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. Solicitations will be made by supplying a copy of this statement.
2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant 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.
•
617.201 ((? 3
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part l - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding, are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item, please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency; attach additional pages as necessary to supplement any item.
Part 1 - Project and Sponsor Information
Name of Action or Project:
//& ' d �D L, L+1L
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
ZONING BOARD OF APPEALS
Name of Applicant or Sponsor:
Telephone:
C211EDz�s��--09�-a
^y k C�) v ! -d
E -Mail: 1DA i 1 CP TU R H L= K - T
Address: E tz•i-zoK .
�4--�> \v'WL= 22 4T C ►> t --4L
City/PO:
State:
Zip Code:
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
NO
YES
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other governmental Agency?
NO
YES
If Yes, list agency(s) name and permit or approval:
3.a. Total acreage of the site of the proposed action? 3 acres
b. Total acreage to be physically disturbed? acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, adjoining and near the proposed action.
❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial residential (suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify):
❑ Parkland
Page 1 of 4
•
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
6. Is the proposed action consistent with the predominant character of the existing built or natural
landscape?
NO
YES
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify:
NO
YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation service(s) available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
NO
YES
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
NO
YES
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water:
NO
YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: RECEIVED
NO
YES
12. a. Does the site contain a structure that is listed on either the State or National Register of storic
Places?
b. Is the proposed action located in an archeological sensitive area? ZONING, IsUl�kl) `�� APPEALS
NO
YES
J`
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
NO
YES
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
❑ Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional
ol
11 Wetland ❑ Urban -Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed
by the State or Federal government as threatened or endangered?
NO
YES
16. Is the project site located in the 100 year flood plain?
NO
YES
17. Will the proposed action create storm water discharge, either from point or non -point sources?
If Yes,
a. Will storm water discharges flow to adjacent properties? XNO ❑ YES
b. Will storm water discharges be directed to established conveyance systems (ru ff and storm drains)?
If Yes, briefly describe: XO ❑ YES
NO
YES
/
X
Page 2 of 4
18. Does the proposed action include construction or other activities that result in the impoundment of
water or other liquids (e.g. retention pond, waste lagoon, dam)?
If Yes, explain purpose and size:
NO
YES
X
small
to large
impact
impact
ZONING BOAkD OF APPEALS
may
19. Has the site of the proposed action or an adjoining property been the location of an active or closed
solid waste management facility?
If Yes, describe:
NO
YES
X
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe:
NO
YES
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: �t i p u R H L Date:
Signature:
Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my
responses been reasonable considering the scale and context of the proposed action?"
RIEnCEIVFr, vo 31)
{ "
No, or
Moderate
small
to large
impact
impact
ZONING BOAkD OF APPEALS
may
may
occur
occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
Page 3 of 4
•
i
Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3.
Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring,
duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and
cumulative impacts.
4ECEIVEL
r_ ;i4
ZONING BOARD OF APPEALS
❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
❑ 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.
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)
Page 4 of 4
No, or
Moderate
small
to large
impact
impact
may
may
occur
occur
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3.
Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring,
duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and
cumulative impacts.
4ECEIVEL
r_ ;i4
ZONING BOARD OF APPEALS
❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
❑ 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.
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)
Page 4 of 4
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
action is necessary to avoid same. 1
YOUR NAME: � , �_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's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance
Variance
Change of Zone
Approval of Plat
Other (activity)
Building Permit
Trustee Permit
Coastal Erosion
Mooring
Planning
>-,�
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 v
If No, sign and date below. If YES, complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicantlagent/representative) and the town officer or employee.
Either check the appropriate line A) through D) and/or describe 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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a
corporation)
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
Submitted this !I day of
Signature
Print Name
N / AHLOS JUE2
ELIC. STATE OF NEW YORK
NO. OIJ190736
QUALIFIED N QUEENS COUNTY
COMMISSION EXPIRES JULY 28, 2016
1
Town of Southold �� J
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, A'Vk��tF,%js CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Reviewt9ft4L 'his
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#0DO, on _ O(, 00 _ 047.00
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Dept. E Building Dept. X Board of Trustees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital 0
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:
0
Location of action: 6 + d
•
:5, -T HotzF- VT2IvL
Site acreage: �'Z. , (oI 2 7 •
Present land use: � e-51 t) 1= h-1 -rt e4 L
Present zoning classification: ---> —' d
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: D A---/ t r3 71'--j 'Z !-4 C
(b) Mailing address: 2-2
• �2. t 2�
(c) Telephone number: Area Code ( ) 5 '' "' S4- C'�
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ❑ Nox If yes, which state or federal agency?
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.
V Yes ❑ No E] (Not Applicable - please explain)
Attach additional sheets if necessary I_i3NSNG �iUA
J7
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 X (Not Applicable - please explain)
W• r� CJ�-- C-��-
9 0
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III — Policies Pages 6 through 7 for evaluation criteria
Yes E No X (Not Applicable — please explain)
�g u—C S k C> L Ap1Z o
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 E No E (Not Applicable — please explain)
Attach additional sheets if necessary ;ZONING HOARD UE APPEALS
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 D No 154 (Not Applicable — please explain)
ri s k rt � 4 t"- o �a 04 u r--T'LE�
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 F No 0 (Not Applicable — please explain)
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation
criteria.
❑ Yes ❑ No(Not Applicable - please explain)
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 - please explain)
/:a,. I ►--j ,4 4 L5 +4 o -T .,4- C- r is c�-T �
� �n
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal wa��r ;Npu�iic��'ands panV public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
❑ YeLl No X(Not Applicable - please explain)
IZI-,i0-.4--tv t�St DLs1—I.cL-s
Attach additional sheets if necessary
WORKING COAST POLICIES
0 0
Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in
suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No Not Applicable — please explain)
Attach additional sheets if necessary
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 F-1Noof Applicable — please explain 'I
1y ?3 0
4€C€V€D
ZONING 6CU.,kO trF APPEALS
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 — please explain
iD Lc_ ►'+—t b L 2 art uc
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 KNot Applicable — please explain
_.il MEMBERS 10
,anes Weisman, Chairperson
;Eric Dantes
Gerard P. Goehringer
George Horning
Ken Schneider
http://southoldtown.northfork.net
Southold Town Hall
53095 Main Road - P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 - Fax (631) 765-9064
IECEIVED
ZONING BOARD OF APPEALS
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 20, 2013
ZBA FILE 665 8
NAME OF APPLICANT: David Turner
PROPERTY LOCATION: 640 West Shore Drive, (adj.to Southold Bay) Southold, NY (S.C.T.M. 1000-80-1-47.1)
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 H 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 May 15, 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 May 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 located on West Shore Drive in Southold. The property is
a non -conforming 11,820 foot parcel located in an R-40 District. It is improved with a frame dwelling and
accessory garage and shed. The property has 60.15 feet of water frontage on Southold Bay, 195 feet along the
eastern property line, 60.04 feet on West Shore Drive, and 197.00 feet along the western property line. as shown
on the survey by Robert H. Fox LLS dated February 14, 2013.
BASIS OF APPLICATION: Request for Variance(s) from Sections 280 -116(B) and Article III, Section 280-15F
the Building inspector's April 29, 2013 Notice of Disapproval based on an application for building permit to
demolish existing single family dwelling, construct new single family dwelling and accessory garage at; 1)
proposed construction at less than code required bulkhead setback of 75 feet. 2) Accessory garage proposed in
location other than code required rear yard or in case of waterfront property may be located in front yard provided
it meets the principle setback.
RELIEF REOUESTED: The applicant requests variances to demolish an existing single-family dwelling,
accessory garage and shed and construct a new dwelling at 52 feet from bulkhead where the code requires a 75 -foot
.,r, 2013
amer
400-80-147.1
•
minimum setback from the bulkhead. Additionally the applicant is proposing to build an accessory garage which
will be partially. located in a side yard where the code requires either a rear yard location, or in the case of
waterfront properties a front yard location meeting the principle front yard setback of 35 feet on the subject
property.
AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity
with the code. The applicant, on June 13, 2013, submitted a revised site plan increasing the bulkhead setback to
58.4 feet 4 s and moving the proposed accessory garage 5 feet towards West Shore Road so that it is no longer in
the side yard, and thereby eliminating a variance and bringing the plan into more conformity with the codes.
ADDITIONAL INFORMATION: The neighbor to the East of the property spoke at the public hearing and in his
opinion granting this variance will allow the owner to improve his property by demolishing the existing structures
and building a new home and accessory garage, fixing the existing bulkhead and bringing the home into
conformance with other similar houses to the west and east of his in keeping with the character of the
neighborhood.
FINDINGS OF FACT/ REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on June 6, 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 4267-b(3)(b)(1). Grant of amended relief will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Several of the neighboring properties have non -conforming
bulkhead setbacks and accessory garages in the front yard similar to what the applicant proposes. The applicant
also proposes to demolish a deteriorated dwelling, garage and shed and improve his property with a new dwelling
and accessory garage which is more in keeping with others that are similarly improved in the neighborhood.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than an area variance for the proposed accessory garage. The applicant can place his
accessory garage in a conforming front yard location, as applied for in the amended site plan, thereby making it
code conforming. Granting alternative relief for the bulkhead setback cannot be achieved without a variance
because the applicant proposes to use a portion of the existing foundation which has a non -conforming bulkhead
setback. However, the amended bulkhead setback is more conforming to the code and similar to others in the
neighborhood
3. Town Law 4267-b(3)(b)(3). The variance granted herein for the bulkhead setback is mathematically
substantial, representing 23% relief from the code. However the alternative relief increased the bulkhead setback
by over 6 feet and a landscaped buffer will control run off from the slope of the bank.
4. Town Law 4267-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
grant of alternative relief has addressed the concerns and has eliminated one variance. The applicant must comply
with Chapter 236 of the Town's Storm Water Management Code and install drywells, leader and gutters, and re-
build the existing bulkhead.
5. Town Law 4267-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 constructiv�uWlpdge of the
limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purc ase.
A ',
ZONING BOARD OF APPEALS
' .; 2013 •
..r11er
✓ -40-1-47.1
6. Town Law 4267-b. Grant of the alternative relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new dwelling with an accessory 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 Eric Dantes, seconded by Member Goehringer, and
duly carried, to
DENY the application as applied for, and
GRANT ALTERNATIVE RELIEF as requested in the amended site plan showing drywells, the septic system
and the proposed accessory garage in a conforming front yard with conforming setback of 36 feet from West
Shore Road, and a bulkhead setback of 58.4 feet, which was prepared by David Turner Architect, P.C. labeled S-
100.00 and dated June 11, 2013 and architectural plans labeled A- 103 and A-104 dated April 9, 2013 prepared by
David Turner Architect, P.C. subject to the following conditions;
CONDITIONS:
l.) The house and accessory garage shall be fitted with leaders and gutters to manage storm water runoff and
drywells as shown on site plan.
2.) The applicant shall install a 10 foot wide landscape buffer along the top of the bank/ "top of slope."
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan 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 minimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This
Resolution was duly adopted (5-0).
Leslie Kanes Weisman, Cha' erson
Approved for filing6 J /2013
,ZECEIVEC
ZONING BOARD OF APPEALS
few
- M ,
y�-
yv lit
05,
In
':T - - ,,� h ; I r -.•-' .may, _
• ® -
ae
`r
.c 1
- •err- ..
O
-1
0 -4
0
W
�'QOp • SLs !�
-■■
m
` �tw -1,
•�R,
.
/0NINU i3DARD OF APPEALS
All
yX w_
RE
Y
i
f •
• , ` l�T� _ Y _ ', ...... _aal� -rte ,.�pmp,-
TOWN OF SOUTHOLD PROPERTY RECORD CARD ,L"
OWNER
STREET =�'� ;J
VILLAGE
DISTRICT
SUB.
:
FORMER OWNER
_
,%
v
X2''7 t
14cS1'� o ip E
N
E
ACREAGE
'
R. 1%6
S
W
TYPE OF BUILDING
RES. ,,7,,l Qt / SFAS.
VL.
FARM
COmhk ! IND. � CB. � MISC.
LAND IMP.
TOTAL
DATE
REMARKS
(to r)_
3oa
-3/3-/
49 e 8
szs&. 0
l dtrl;7
;y V' w•� S tZ ! r fi
sA Lt-
AGE BUILDING CONDITION n . Lf SR�i�.� l2 =/ �r 1PA�
NEW NORMAL BELOW ABOVE ) Z • jp f Qfix ( t !
Farm Acre Value Per Acre Value
Tillable I
Ti I table 2
Tillable. 3 f ip qtr ' z
Waodland
Swampland v
CEiVEC
Brushlan4l...
Flause Plot _
zr�vzw: �o
M. Bldg. �
Extension
Extension
Extension
i
i
i
i
t
J
Foundation Ar, Bath
�OO i
Garage
0. B.
Basement Y17 Floors
Walls interior Finish
Ext.i�/�=
Fire Place Heat
Porch I Attic
Porch Rcorns 1st Floor
Patio Roams 2nd Floor
�d 9 Driveway
Z,
J e
is
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
•
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
www. southol dtownny. gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: December 22, 2014
RE: Zoning Appeal No. 6830
Transmitted herewith is Zoning Appeals No. 6830 for David Turner -The Application to the
Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description,
Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form,
Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval to
David Turner Dated December 5, 2014, Findings Deliberations and Determination Meeting of
June 20, 2013 for ZBA File #6658 of David Turner, 4 Pages of Photos, Town of Southold
Property Record Card for Tax Map No. 1000-80.-1-47.1, Survey of Tax Map No. 1000-80.4-
47.1, Drawing of Proposed Wood Deck Dated November 25, 2014, Drawing of Side Elevation
and Framing Plan Dated November 25, 2014.
•
***RECEIPT***
Date: 12/22/14
Quantity Transactions
1 ZBA Application Fees
Notes:
Payment Type Amount Paid By
CK #1892 $500.00 Turner, David
Name: Turner, David
450 7th Ave
Suite 1907
New York, NY 10123
Clerk ID: SABRINA
of
Receipt#: 179579
Reference
6830
Total Paid:
Subtotal
$500.00
$500.00
Intemal ID: 6830
BOARD MEMBERS 0
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Horning
Kenneth Schneider
�OF SOUr�o�
- UNTO\
http://southoldtown.northfork.net
0
Southold Town Hall
53095 Main Road - P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 - Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, FEBRUARY 5, 2015
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, FEBRUARY 5, 2015:
10:20 A.M. - DAVID TURNER #6830 - Request for Variances from Article XXIII Section 280-
124 and the Building Inspector's December 5, 2014 Notice of Disapproval based on an
application for building permit for additions and alterations to existing single family
dwelling, at; 1) less than the code required minimum single side yard setback of 10 feet,
2) less than the code required minimum combined side yard setback of 25 feet located at:
640 West Shore Drive (adj. to Southold Bay) Southold, NY. SCTM#1000-80-1-47.1
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. ny.us
Dated: January 12, 2015
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
r
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS 3
SOUTHOLD, NEW YORK
AFFIDAVIT
OF
In the Matter of the Application of MAILINGS
ID121 y Lz
(Name of A licants)
SCTM Parcel # 1000 -
COUNTY OF SUFFOLK
STATE OF NEW YORK
I, TJA�t a —(^vR H a '2 residing at - 4 3 2 '2" l'1 7
New York, being duly sworn, deposes and says that:
On the i (:� day of L1 A H v b V y , 20 ( 5, I personally mailed at the United
States Post Office in Yoe- c -I T -f , New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners shpwn on the current ssessment
roll verified from the official records on file with the ( Assessors, or ( nty Real
Property Office for every property which abuts and is across a is or private street,
or vehicular right-of-way of record, surrounding the appy t' property.
Sjuhrn to before me th'
r'.;k"'4ay of fG , 20 % 7
(Notary Public)
(Signature)
PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were mailed. Thank you.
� Sent To, -- -- h-- cf�(k7-------------------------
-----------
r-3
------------------------
rq ---------
� Street &Apt. No., _ - � �
r_ or PO Box No. & C ) � e it v_I-_( Dic; u
City, State, ZIP+4 �� �1�
PS Form :••2014►f See Reverse for InstrUcti.rw
Domestic Mail Only
�IMF For delivery information, visit our website at www.usps.com®.
it
Postage
gtl
Certified Fee - ►�
$3.30 Postnaf* 2f 1
Return Receipt Fee $2.70
O (Endorsement Required)
IM
Restricted Delivery Fee $0.00
O (Endorsement Required)
N
cO Total Postage & Fees $ $6, 7
ru
Sent To
'"Gu,c.r --------------------------------------------
1-3 Street & Apt. No., '7
r_ or PO Box No. 7 L,l �,)4 `),o i L Dc 1 �/ (�
---------------------------------------------------------- -----------------------------
City, State, ZIP+4 rD--)C rLRy� ,01L � Y.
11,-1
PS Form :•• • l See Reverse for Instructions
SOUTH"Er x11F
M
..-p
Postage
$
$0.711
( r
M
C3
Certified Fee
Ln
$: rJ�l
tmark
sere
M
O
Return Receipt Fee
(Endorsement Required)
Lr)
$1.70
C' �Herec
u -I
Fee
0
Restricted Delivery
(Endorsement Required)
Postage
$l 11 i
M
+=D
Total Postage & Fees
$
$6.70
I �
fu
p
O
Return Receipt Fee
(Endorsement Required)
$2.tI7•�-Zl,ORestricted
� Sent To, -- -- h-- cf�(k7-------------------------
-----------
r-3
------------------------
rq ---------
� Street &Apt. No., _ - � �
r_ or PO Box No. & C ) � e it v_I-_( Dic; u
City, State, ZIP+4 �� �1�
PS Form :••2014►f See Reverse for InstrUcti.rw
Domestic Mail Only
�IMF For delivery information, visit our website at www.usps.com®.
it
Postage
gtl
Certified Fee - ►�
$3.30 Postnaf* 2f 1
Return Receipt Fee $2.70
O (Endorsement Required)
IM
Restricted Delivery Fee $0.00
O (Endorsement Required)
N
cO Total Postage & Fees $ $6, 7
ru
Sent To
'"Gu,c.r --------------------------------------------
1-3 Street & Apt. No., '7
r_ or PO Box No. 7 L,l �,)4 `),o i L Dc 1 �/ (�
---------------------------------------------------------- -----------------------------
City, State, ZIP+4 rD--)C rLRy� ,01L � Y.
11,-1
PS Form :•• • l See Reverse for Instructions
M
-n
Domestic Mail Only
CERTIFIED MAILO RECEIPT
f`-
.D
Domestic Mail Only
Ln
CO117
For delivery information,
-
at www.usps.com".
Lr)
For delivery information, visit our
website at www.usps.com".
u -I
SOUTH0 W11-171
0
Postage
$
J�,0
M
EZI
Certified Fee.,_
$3.-r
-0
rw
p
O
Return Receipt Fee
(Endorsement Required)
$2.tI7•�-Zl,ORestricted
m
�
Sl
Delivery Fee(Endorsement Required)
$0.00
a;
O
O
7 Z
1_
C3
C3
Return Receipt Fee
(Endorsement Required)
Y
Lark
t,V�l��re `
$i, %li
Street & Apt. o.,
or PO Box No. 1
1-2
Restricted Delivery
Total Postage & Fees
$ $h, 7 C
0
! 11 i 1 1111.11 c
n_I
$0.IIcI
y
dy
Sent To
�ltiW1�IJP---j�(
Street & Apt. No.,
or PO Box No. i �i• �-(]X
I_I__/-�-,-_
---------------
City, State, ZIP+4` (,4.h ct /
----------------------------
l/ • I �' ��
M
-n
Domestic Mail Only
CERTIFIED MAILO RECEIPT
f`-
.D
Domestic Mail Only
Ln
CO117
For delivery information,
visit our website
at www.usps.com".
0-31
SOUTHk 1 11 _
o-
Postage
m
M
Certified Fee
$3.-r
-0
Postage
$
$i1, 7'11
Return Receipt Fee
(Endorsement Required)
m
�
Sl
O
Certified Fee
a;
$1 (1
J,v
�
O
7 Z
1_
C3
C3
Return Receipt Fee
(Endorsement Required)
Y
Lark
t,V�l��re `
$i, %li
Street & Apt. o.,
or PO Box No. 1
1-2
Restricted Delivery
!�
----------------------------
y I 'L) .
0
Fee
(Endorsement Required)
$0.IIcI
y
dy
r-
4' � N O\y
cD
fU
Total Postage & Fees
$
$, 70
i 11 1 r c
Sent To
r c7Y1c' Vl�etic —&e
' 3 --- ---------------- ----
p Street &Apt. - - /' t ' n 1, �^wu^� ---
J` T� Y vl Y]� '1
r_ or PO Box No. i v
Ci , Stai----
Ciry, State, ZIP+4 n -------\ ------- � ---------------------
-h of N V. ! r�
PS Form :••
Postal, July 2014 See Reverse for Instructions
111
CERTIFIED MAILO RECEIPT
f`-
.D
Domestic Mail Only
Ln
.1
SOOT 0 0 # X71, Is-`
0-31
Postage
$
M
Certified Fee
$3.-r
r.T Postmark
�;�
_
$ry, '
O
Q
Return Receipt Fee
(Endorsement Required)
Here
{V�
Restricted Delivery Fee
(Endorsement Required)
co
Total Postage & Fees
a;
ru
Sent To
1-�_i�___�_�_l��_�� `�X_V_�!____t
C3
Street & Apt. o.,
or PO Box No. 1
1-2
--------------
ZIP+4 `
City, State, I
PS Form :•.
----------------------------
y I 'L) .
111
• r
DAVID TURNER ARCHITECT, P.C.
1-20-15
Zoning Board
Town of Southold
640 West Shore Drive (Reydon Shores)
Zoning Variance for deck
To Whom It May Concern
The Properties adjacent for 640 West Shore Drive are as follows;
80-5-46.1
Alex Sznuckowski 710 West Shore Drive
80-5-48.1
Richard Hefferman 580 West Shore Drive
80-1-45
Peter & Linda Wenczel 675 West Shore Drive
Since
avid Turner
RA 16162
450 SEVENTH AVENUE, SUITE 1907 • NEW YORK, N.Y. • 10123
PHONE: (212) 594-0840 • FAX: (212) 594-1530
MERRICr HY 3I K
Postage 1 $ $(1. 711
M Certified Fee
U.S.
Postal
Service'M
M
Restricted Delivery Fee
p (Endorsement Required)i-I.!{(I
CERTIFIED
If YES, en
elivery address below: ❑ No
MAIL°
RECEIPT
Domestic
Mail
Only
■
For delivery
Information,
visit
our website
at www.usps.com®.
MERRICr HY 3I K
Postage 1 $ $(1. 711
M Certified Fee
#* -
FiJ. J1I
O Return Receipt Fee
C3 (Endorsement Required)
$2. tCl
M
Restricted Delivery Fee
p (Endorsement Required)i-I.!{(I
r�
If YES, en
CO Total PCr
ostage & Fees $ 36.711 ++t", Q
� Sent To,.. --�
u OA ryr � 4e N (
� A n --?Q")
O Street&Apt. IVo., -\--------------------'--1----------------------'-�r--^----------
r� or PO Box No. l.i__ �Cit/6frl -L/,S 1 ve ec, jl
i I
""""-""""- —""
:..
, July 2014 See Reverse for Instructions
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach, this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addr"Ped to:
7 �
) + e; IE.V/--
4 1 R
A. Sonatur$ 111'
('� ✓~_ -Q Agent
X ❑ Addressee
B. e'v
ted Name)
C. ate f Delivery
D.Is delivery
ress different from item 1? 11 Yes
If YES, en
elivery address below: ❑ No
Service Type
V Certified Mail® ❑ Priority Mail Express'
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7014 2870 0000 3639 8826
(Transfer from service labeo
PS Form 3811, July 2013 Domestic Return Receipt
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
LlL14 c(l
A.
❑ Agent
❑ Addre
B. Received by (Printed Name)C. Da o of
C A_
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
=f
3. eqsce Type
Certified Mail® ❑ Priority Mail Express -
0 Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7014 2870 0000 3639 8963
(Transfer from service labeo
PS Form 3811, July 2013 Domestic Return Receipt
TOWN OF SOUTHOLD �-- o so
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
AFFIDAVIT
OF
In the Matter of the Application of POSTING
(Name ofApplicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000 -
gen , I — 4 -(-
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
H residing at -,34- 3 \,,e� • 2 -z-
New
New York, being duly sworn, depose and say that:
On the 'Z,'�> day of J A-K1JA 1z-( , 201 S , 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 p for t the
date of the subject hearing date, which hearing date was shown to 2 ri 20 S
(Signature)
Sworn to fore me this
51'Day f Janaa t -y , , 2q1 5
RICHARD ENGLANDER
Notary Public, State Of New York
(Notary PublicJ No. 01 EN5045343
Qualified In Nassau County
COMMISSION Expires July 15..20.
* near the entrance or driveway entrance of my property, as the area most visible to passerby.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
SCTM #
TURNER, DAVID
1000-80-1-47.1
%fARIANCEN YARD SETBACKS
REQUEST0
:
DATE:
# 6830
NEW WOOD RAISED DECK
THURS., FEB. 5, 2015
10:20 AM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS -TOWN OF SOUTHOLD 765-1809
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
29th day of January, 2015.
Sworn to before me this
"3
Principal Clerk
day of 2015.
CHRISTINA VOLINSKI
NOTARY PUBLIC -STATE OF NEW YORK
No. 01V06105050
AU011ftod In Suffolk County
_4VMfnissl0n &Plies February 28, 2016
required minimum combined sick yard set-
2015 Notice of Disapproval based on an ap-
back of 25 feet located at: 640 -West Shore
plication to art dwelling to single con -
Drive (adj. to Southold Bay) Southold, NY.
tractor's at; 1) less than the code
S(.TTM#100080-1-47.1
required minimum front yard setback of
10:40 A.M. - RICK NAPPI #6[320 - Re- -
100 feet, located at: 41535 Main Road (aka
quest for Variances from Article XXIII
State Route 25) Peconic, NY. SCTM#1000-
Section 280-124 and Article XXII Section
75-5-13.
280-116B and the Building Inspector's
The. Board of Appeals will hear all per -
December 3, 2014 Notice of Disapproval
sons or their representatives, desiring to
based on an application for building per-
be heard at each heating, and/or desiring
mit for additions and alterations to existing
to .submit written statements before the
single family dwelling, at; 1) less than the
couchtsion 61 each hearing., Each hearing
code required front yard setback of 35 feet,
will not start earW.dum designated above,
2) less than the code required minimum
Fdes are available for review during regu-
LEGAL NOTICE
single side yard setback of 10 feet, 3) .less
I1r business hours and prior to the day of
SOUTHOLD TOWN ZONING BOARD
than the code required bulkhead setback of
the hearing. If you have questions, please
OFAPPEAIS
75 feet, located at: 5218 Peconic Bay Bou-
contact our office at, (631) 765-1809, or by
THURSDAY FEBRUARY 5, 2(115
levard (adj. to Great Peconic Bay) Laurel,
email• ViC:1dMxWTown,CutlmoId nyus.
PUBLIC HEARINGS
NY. $CI'14f#1000128-2-22
Dated: January 12; 2015 .
NOTICE 1S HEREBY GIVEN, pur-
11:00A.M. - 860 aA33MW DRIVE
ZONING BOARD OFAPPEALS
suant to Section 267 of the Town Law and
LLC#682 -Request for Variance from Ar-
LESLIE KANES WEISMAN .
Town Code Chapter 280 (Zoning), Town
tide XXII Section 280-116B and the Build-
CHAIRPERSON
of Southold, the following public hearings
- ing Inspector's September 3, 2014, renewed
BY: VickiToth
will be held by the SOUTHOLD TOWN
December 15, 2014 Notice of ,Disapproval
54375 Main Road (Office Location)
ZONING BOARD OF APPEALS at the
based on an application for building per-
53095 Main Road (Mailing(USPS)
Town Hall, 53095 Main Road, P.O. Box
mit to construct a deck, at; 1) less than the
RQ Box 1179
1179, Southold, New York 11971-0959, on
code required bulkhead setback of 75 feet,
Southold, NY 1197140959
THURSDAY FEBRUARY
located at: 860 Bayview Drive (adj. to Spring
120721T 1/29
9:30 A.M. - JOAN COOKE #6808
Pond) East Marion, NY. SCTM#100037-5-7
- (Adj. from 12/18/14) Request for Vari-
11:20 A.M. - TIMOTHY nd AR-
ances from Article XXIII Section 280124
GIA O T-411 #683 - Request for Vari•
and the Building Inspector's August 28,
antes from Article III Code Section 28015
2014 amended September 5, 2014 Notice
and Article XXII Code Section 280116
of Disapproval based on an application for
and the Building Inspector's November
building permit to construct additions and
12, 2014 Notice of Disapproval based on
alterations to existing single family dwell-
an application for building permit for ac-
ing, at; 1) less than the code required front
cessory in -ground swimming pool, at; 1)
yard setback of 35 feet,2) less than the code
location other than the code required rear
required rear yard setback of 35 feet, 3) less
yard, 2) less than the code required 100 foot
than the minimum code required side yard
setback from top of bluff located at: 63165
setback of 10 feet, 4) less than the code re-
County Route 48 (aka North Road) (adj.
quired .total side yard setback of 25 feet, 5)
to Long Island Sound) Greenport, NY.
more than the code permitted lot coverage
SCTM#100040-1-14
of 20%, located at: 2205 Bay Avenue East
11:40 A.M. - MARY A. HOVEY #6832
Marion, NY. SCFM#100031=17-6
- Request for Variances from Article III
10.00 A.M. - ROBERT W DIXON -
Section 28015 and Article XXII Section
#6831 - This is a request for a Waiver of
280-116B and the Building Inspector's Oc-
Merger under Article II, Section 280
tober 31, 2014 Notice of Disapproval based
10A, to unmerge land identified as SCTM
on an application for building permit for
#100038-6-5, based on the Building Inspec-
'as built' accessory garden shed, at; l) less
tor's December 15, 2014 Notice of Disap-
., than the code required minimum rear yard
proval, which states a nonconforming lot
setback of 10 feet, 2) less than the code re -
shall merge with an adjacent conforming
quired bulkhead setback of 75 feet, located
or nonconforming lot held in common
at: 4500 Ole Jule Lane (adj. to a canal) Mat-
ownership until the total lot size conforms
tituck, NY. SCTM#1000-1224-32
to the current bulk schedule (minimum
1:15 P.M. - LEWIS PERMAN
40,000 square feet in this R40 Residential
#= - Request for Variance from Article
Zone District) this lot is merged with lot
XXII Section 280-116 and the Building
100038.-6.6, located at: 555 & 545 South
Inspector's September 29, 2014, renewed
Lane(comer West Lane) East Marion, NY
December 9, 2014 Notice of Disapproval
SCTM#'s100038-6-5&6
based on an application for building per -
10:20 A.M. - DAVID TURNER -
mit to reconstruct a deck, at; 1) less than
Request for Variances from Article XXIII
the code required bluff setback of 100 feet,
Section 280124 and the Building Inspec-
located at: 1225 Aquaview Avenue (adj.
tor's December 5, 2014 Notice of Disap-
to Long Island Sound) East Marion, NY.
proval based on an application for building
SCTM#100021-2-16
permit for additions and alterations to ex-
1:30 P.M. - BERRY & BERRY, r f
isting single family dwelling, at; l) less.than
#6818 - (Adj. from 1122/15) Request for
the code required minimum single side
Variance from Article XI Section 28049
yard setback of 5 feet, 2) less than the code
and the Building Inspector's January 14,
• 0
ZONING 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, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
January 12, 2015
Re: Town Code Chapter 55 -Public Notices for Thursday, February 5,
2015 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 January 21st:
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 January 26th: 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 January 28th: 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 February 3, 2015.
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.
BOARD MEMBERS 0
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Horning
Kenneth Schneider
OF SO!/ryo�
0 � Q
COUNV,*i
http://southoldtown.northfork.net
0 Southold Town Hall
53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064
December 19, 2014
Ms. Sarah Lansdale, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Lansdale:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File #6830 Owner/Applicant: Turner, David
Action Requested: Additions/alterations to existing dwelling - setbacks
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. Weisman
ZBA Chairperson
Encls.
BOARD MEMBERS 0
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Horning
Kenneth Schneider
$O
yCOUNT1,N�„
htti)://southoldtown.northfork.net
0 Southold Town Hall
53095 Main Road - P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 - Fax (631) 765-9064
December 19, 2014
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. #6830 — Turner, David
Dear Mr. Terry:
Y
Southold Tom - p
Planning Board
We have received an application for additions and alterations in Southold. 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 K. Weisman
Chairperson
1iW ,V/ .�
Encls.
LM
Survey of Lots
6, 7 and part of lot 8
N
W+E
Map of Reydon Shores, Inc. S S
Map # 631 Filed July 2, 1931
SCT# 1000-80-1-47.1 /
Town: Southold / 4
Suffolk County, NY
Surveyed: 02-14-13.;
Amended: 11-30-13
02-14-14,02-19-1404-08-14
/
/ tL�•:.
30' /
s�1�60
rop /
kECEjvrEt,,
i / / s / �UNrNC, HC)AkD OF APPEALS
�, �3 /
of NEw
Shurgee4171
1 71
VAmLhorized alteration or addition to a seurveyo 41 �/ N r
map bearM�g a licensed land surveyor's sal isi0 1 A`
violation of section 1209, sub -division 2, of the CC.• `````'
New York 5tote Education Low." O LaNQ Jv/
"Only copies From the original of this survey marked
with on ori99inol of the lord surveyor's stamped
seal shall 6e considered to be valid true copies"
"Certifications Indicated hereon signify that this ROBERT H. FOX
survey was prepared In accordance with the ex-
isting Gode of Practice For Lond 5urve4s adopted NYS PLS# 50197
by the New York 5tate Assoclatlon of ProFesslonol
Land Surveyors. Said certifications shall run only P O Box # 366
to the person for whom the survey is prepared, 1,�
and on his behalf to the title ca any govermnen- AgUeU�Ue
tai agency and landing Institution Isted hereon, and q
to the ossignees of the lending instltution. Gertifico- N Y 11931
tons are not transferable to additional Institutions
•
RECONSTRUCT 4
ENLARGE EXISTING
ONE FAMILY
RE51 DENCE
CONCRETE`
PAVIN6 —
I
NEW ORU5HED
STONE DRIVEWAY
GARAGE
AREA OF WORK
I
HVAC
q UNITS
2019 HI6H MATH LII!
ZONE R-40 D15TRICT
TAX MAP 1000-080.00-01.00-041.001
r PLOT5 6,7 4 THE EASTERLY 10' OF PLOT 8 IN
I BLOCK 5, ENTITLED "MAP OF REYDON 5HORE5,
I INO., BAY\/IEW, L.I., N.Y., IN THE TOWN OF
I 5OUTHOLD, 5UFFOLK COUNTY, N.Y." A5 MAP 631
r- t
5'-0" j
kErrElvR
&LE FA MIL I in
I
ZON
A'.:..
I
DAVID TURNER ARCHITECT, P.C.
450 SEVENTH AVENUE, SUITE 1907, NEIN YORK, N.Y. 10123
I(212) 594-0840 FAX(212)594-1530
PROJECT
.oa
NE5T 5HOFM rml� 640 WEST SHORE DRIVE
SOUTHOLD, N.Y.
SHEET
WOOD DEC.< FLAN
50ALE 3/32" = 1'-0"
KE1' FLAN
NOT TO 50ALE
PROPOSED WOOD DECK
SEAL AND SIGNATURE
s
f=
Y �j a l X16
DATE:
11-25-14
PROJECT No:
DRAWING BY:
M.A.I.
CHK BY:
DWG No:
A-1
00.00
CAD FILE No:
1 OF 2
x BASE
METAL FL
r --NI 2"x6" JOI�Tje 24" O.G.
NEW 5"xb" BOLTED
TO WALL WITH 1/2" DIA.
BOLTS ® 24" O.G.
5EGTION "AI'
NOT TO 5GALE
50ALE 5/16" = 1'-0"
POST
12" SONO KTH GONGRETE
_ (3,700 P51)
1-= A M I NG PJ.._t-'%I X
50ALE 5/16" = 1'-0"
V. + 55.5'
FL.
;V. + 27.5
r
CEYVED-
ARD OF APPEALS
°L.
V. + 17.5
DAVID TURNER ARCHITECT, P.C.
450 SEVENTH AVENUE, SUITE 1907, NEW YORK, N.Y.
10123
(212) 5940840 FAX (212) 594-1530
PROJECT
DRAWING BY:
640 WEST SHORE DRIVE
M.A.I.
SOUTHOLD, N.Y.
SHEET
DWG No:
SIDE ELEVATION &
FRAMING PLAN
SEAL AND,SlA7CfZE_-_.,
DATE'
11-25-14
�' s `� UFti E`
2 OF 2
F..1"\
I r�
A
Al_Ig4 a'
PROJECT No:
DRAWING BY:
M.A.I.
CHK BY:
DWG No:
-101.00
CAD FILE No:
2 OF 2
DAVID TURNER ARCHITECT, P.C.
TRANSMITTAL
RECEIVED 60
BY Fed -X (�
FEB I b 2015
DATE: 2-11-15
TO: Zoning Board of Appeals
FROM: David Turner Architect, P.C.
ZONING BOARD OF APPEALS
RE: 640 West Shore Drive: 6 sets of revised deck plans as requested
David Turner
450 SEVENTH AVENUE, SUITE 1907 • NEW YORK, N.Y. • 10123
PHONE: (212) 594-0840 • FAX: (212) 594-1530
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Horning
Kenneth Schneider
February 20, 2015
David Turner, Architect
450 7th Avenue (1907)
New York, NY 10123
http://southoldtown.northfork.net
Southold Town Hall
53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064
RE: ZBA Application #6830
Dear Mr. Turner:
Transmitted for your records is a copy of the Board's February 19, 2015 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.
(I � S�✓ 6 \ SOOT yob
..\..._SEE SEC. 140.,,,
'Wu; r¢j, \
O
ka
�..
7} N- , ♦ /
21.1 i
w 4.)Afal
- - -- - -
13
w- _.-_--- 6 -
m ------------i✓ _ _
15.1 10_ "-_
rr
1/ - - - l+wNlwv7rwv
16.1 -
--- -'
30
B 12 -
17.1 a7 _ - 37 i -
-
t6 (D _ C)_--3.t Ta
-_ +� IF)
nn
1Q _@- ,
y--�_-_ - 15 t8 f7 itfi.f 2p
16 -- ------- - � '
- (P n RD.) (5P)
-------- fes] t7a7 30.1 4
' I ' r i r
---------_ ------ WI, 2' 1411 M� 1I
_ 125r
--- -- ____18 �Iw w� I w x r _ '
22.7 ---- 342 ;m w.
- 1.1A'(C) - - _ _ _ _ PU - _ _ _ _ _ QQQ INI ` I 5 s � w j Pl ■' ' PI^
04
____ wl ____ _a w 6 '■r
- y + + v
- - 15.2
Iv 0 _ _ 142 74 Iw I A a"r I ^+ a" M
24.1t7
22 w
2s 14.1 GROVE �t
26
++
27 -------_. P
ip' �A
w w r -______'_ 4e
W 7
w
26 6
w
�, w — _- ,a,a Pra.w --F'-- Nr Owsw --w-- ,■.,A■WwOP.wN:Y..1■w]„nF, NOTICE cour�r.
res +t1.a111r wuur■ 7■resew
Real Proper
X21) w O .,,c,rc�w = !-- �1■wOrrw --•-- n,� s !in[+ vxlo — rWNTEwWGE.KTFININMI,SILEOA 'j1�'a
w.,a.rl.. —M-- w.rawrlw--'+r--• m! f+ n.wuwl OATRIpyrIO7 OF N!l POMTOII Ol IrE • �y • Ceuwry CN"t
'�"�-- W'� at!lOLACOUN1V lAAYNwwIPP■IE" SJwI`�71
AEX
.. -- w,prr les --1— Ora tw �.•—�-- �� Ns1"F 1■ P
Lw '--- MPraw "'rte ■kl<4 P.0,%AT TNIIa]MCEAOEKI
— M1wwr Draw— — rrarnwwR �"..�"
!l�(Plr t2 res �
a — — -