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1000-86.-1-9.5
OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 _ t as ) MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal al Planner LWRP Coordinator Date: August 21, 2014 Re: Coastal Consistency Review for ZBA File Ref JANET VAN ADELSBERG #6783 SCTM#1000-86-1-9.5 JANET VAN ADELSBERG #6783 - Request for Variances from Article III Section 280-15 and the Building Inspector's July 16, 2014 Notice of Disapproval based on an application for building permit to construct accessory shed and in -ground swimming pool, at; 1) proposed location other than the code required rear yard, located at: 4297 Wells Road (adj. to Richmond Creek) Peconic, NY. SCTM#1000-86-1-9.5 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 recommendation that the proposed actions are CONSISTENT with the LWRP policies and.therefore CONSISTENT with the LWRP. 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: Stephen Kiely, Assistant Town Attorney BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SO�ryo� 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 July 23, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6783 — Vanadelsberg, Janet Dear Mr. Terry: southu,r Planning bo,�: We have received an application for an accessory in ground swimming pool and shed in Peconic. 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 Encls. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 16, 2014 TO: Indian Neck Corp. (Vanadelsberg) PO Box 160 Peconic, NY 11958 Please take notice that your application dated July - 7, 2014 For permit to construct an accessory in -ground swimming pool and accessory shed at Location of property: 4297 Wells Road, Peconic, NY County Tax Map No. 1000 - Section 86 Block 1 Lot 9_5 Is returned herewith and disapproved on the following grounds: The proposed accessory in -ground swimming pool and shed, located on this conforming 2.62 acre parcel, in the R-40 District, is not permitted pursuant to Article IV Section 280-19 which states; "Accessory buildings shall be subject to the same requirements as 280-15 of the Agricultural Conservation District," which states; "In the Agricultural -Conservation District and Low -Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory in -ground swimming pool and shed are both noted as being located in the side yard - 0 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. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALF_ SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.N o rthFo rk. net Examined . 20_ t Approved 20. Disapproved a/c Expiration 20 0 -- k E -- E EDJUL - 7 2014 BLDG. DEPT. LD BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health PERMIT NO. UPPROVAL 4 sets of Building Plans_ Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm -Water Assessment Form Contact: M'I to: ve vu+onmen .1gn Phone: ,..1^/119.8 APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Dat 120 TOWN DF Svul— a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. . b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. if no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances. building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. �baW . ii2%& Q 1 Qg71poration) PO Box 160 toni r g 1 s licant) State. whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises - \1 (As on the ax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street S -'V Ham let County Tax Map No. 1000 Section t6-3 Block Lot 4'•5 Subdivision t=iled Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy _ 's'. b. Intended use and occupancy 1�4- 3. Nature of work (check which applicable): N t�� Addition Alteration_ Repair Removal Tv Other Work �< (Description 4. Estimated Cost Fee 3E o be paid on cling this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, ff any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES t/NO 13. Will lot be re -graded? YES NO Will excess fill be removed from premises? YES NOL---' 14. Names of Owner of premises�6W-- Address 1 Z UYJ(5 P,�, Phone No• =1.1- �1 2 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO bar * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES V' NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. Cad— G-1evOLX�or, r V\O ff-rK4-I(l� 16. Provide survey, to scale, with accurate foundation plan and distances to property. lines. 17. If elevation at any point on -property is at 10 feet or below. must provide topographical da q yyi;vey. 18. Are there any covenants and restrictions with respect to this property? * YES V * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) - (D k L [�`, ���,�"� - being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH (S)He is the Notary PWAlc, State of New York No. 01 BU6185050 Corporate Officer, etc. %ann mu "' 4j""`"" "`""i' Commission Expires April 14, 9 _ of said 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 therewith. Sworn to before me this day of 20!-�-- L Notary Public Signature of Applicant RICHMOND CREEK LOT 3 140000 AREA J +s \ VWX or � LAW, EOM( '�. LAND N/F PELLEGRINI rieArE \�*s`Sfi. PECONIC LLC ''... s I ry 6 • rr ` p q�l f.AaAf,1. h WArC StAKC vi0 ds' rnrrvfaAY Or:■ AI +sA IREEs •Y S \ _j--� 1REE0 f WTLAPI / SErunr:lc EUCC Or % v - w, FB 1158 SURVEYED FOR: JANET VAN AOELSBERG PROPERTY LOCATED AT PECONIC: LOT No 2 AS SHOWN ON MAP OF RICHMOND CREEK FARMS, `7ECTION F ILE_D: MAY 16. 1999: FILE No. 10282 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S C.T.M. Dr 1000-66-1-95 AREA - 26229 ACRES SCALE 1-=60' NOTE THE EXISTENCE OF RIGHT OF WAYS WETLANDS AND/OR EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED a` RAD = 485.00'. LEN = 184.49' AD 4 70.00' A(A I N 12RO A D RAD(ri.Y. d LEN - 178.78' � \ S 34'55'31"E /55.35- N 34'55'31"W ad68.9� LOT 1/.CiF �� 55.35' 4IlAll O S 55°04.29"W 15 15. 0 0 NA 4 ' 1;'r J.1:t'La F0 LAND Sv SURVEYED BY: FRANK BARYLSKI LAND SURVEYING RIVERHEAD. NY 11901 PHONE 631-727-1730 FAX 631-204-3697 SEPTEMBER 10, 2013 I NE 7 LA110 /'LAG$ Nr qY $t1ANM gAaROri 9-iq•201] 01 tlW,RA1411C0 AL 11,AAtAM CA AEfOltI01 t0 INS SIAYEt IS A YICLAtm SQ IY 6CCIIOI I'm O' flit N II vr*k STAIC ["Alit" tAa INS "V%V wU' WC OCARW, IK AAYEYO+S Pr10 ' S C"S OF LAW 001 EAro3:E1D SAL 1/NALL Wt M COPOUXRCO 10 M A VALID lRt( COPi J J• OI'LIMICCO IDR CCOOTIMAIKAS INIICA110#CKON SAWL "OLY 10 4 IK: PCOW" FM MM 114t, S AVCY I0 FAEPARD AW ON 103 Ofw,Ll 10 t1C 1111'E C0N'ArOC CAYEIN09MIAL AEEACI AM LfMW& I,"+111141100 LISIEO ICNEL" AM IO Ott ASSWRIMS 0+ INC LEMIW MF41UIK M \ 17DARMICCS ON CEO WJCAIIOOS ANC WI IAAWFCAAR.0 10 AOgtIOLINAL P411fulm i OR SW AGIA0t WOCRS \ CERTIFIED TO JANET VAN ACJELSBERG CHICAGO T I TLE INSURANCE SERVICES. TITLE No. C13-7474-14716-SUFF FB 1158 SURVEYED FOR: JANET VAN AOELSBERG PROPERTY LOCATED AT PECONIC: LOT No 2 AS SHOWN ON MAP OF RICHMOND CREEK FARMS, `7ECTION F ILE_D: MAY 16. 1999: FILE No. 10282 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S C.T.M. Dr 1000-66-1-95 AREA - 26229 ACRES SCALE 1-=60' NOTE THE EXISTENCE OF RIGHT OF WAYS WETLANDS AND/OR EASEMENTS OF RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED a` RAD = 485.00'. LEN = 184.49' AD 4 70.00' A(A I N 12RO A D RAD(ri.Y. d LEN - 178.78' � \ S 34'55'31"E /55.35- N 34'55'31"W ad68.9� LOT 1/.CiF �� 55.35' 4IlAll O S 55°04.29"W 15 15. 0 0 NA 4 ' 1;'r J.1:t'La F0 LAND Sv SURVEYED BY: FRANK BARYLSKI LAND SURVEYING RIVERHEAD. NY 11901 PHONE 631-727-1730 FAX 631-204-3697 SEPTEMBER 10, 2013 Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.qaT? Street L1)616 t6 E'eda- SCTM 1000 Section 1Block Lot(s) _ 9.5 _Lot Size a,(4*,t A Zone—%'k-110 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Ito a0lq BASED ON SURVEY/SITE PLAN DATED!?1101-01013_• Mailing Address: Telephone:01 Lav Fag: 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:y; C VAAQ b9 % 'Z for (Owner ( )Other: Address: Creative Environmental Design BOX 160 Telephone:] q--7 V9niCFW 11958 73f-i45[2ij Email: Please check to specify who you wish rrespondence to be mailed to, from the above names: ( ) Applicant/Owner(s), ( Authorized Representative, () Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED I and DENIED AN APPLICATION DATED- l 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: i V Section: A10— 1I Subsection: Type of �A,p� eal. An Appeal is made for: t 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, (jhas not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: 3- ��j,��ts ¢ ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: LOClt. Vt 0 v\ b J� ? ©n I' d- 6 -ca, Q.t t WAA1 s 2cA ,,\j t Div AZX- 4-- nL1v .lam r 4-0 `-tx yvI r��i� St e b5 at l c✓1 g s 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: ?V(91POSZ-d- t&La;Wnn 0� PM j /%� 'b "`7 45 Q. -t' Atj&y '''1 Lje:-�ta44S a5 Pv55 �1(Q - c 3. The amount of relief requested is not substantial because: ?Vl6a� t 49r-&- on I J VV\. WI � i to ` � i r1 l t% k J 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district \-) because: k,cau <_©C'OA V\0-6�n �V , e 3D 5. Has the alleged difficulty been self created? { } Yes, or {/fNo Why: Zke }-a i.61-0k1&W)A� ?'OL�ttvn Are there any Covenants or Restrictions concerning this land? 4114'0 { } Yes (please furnish a copy) This is the MINIMUM 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 community. Signature o Applicant or ori t (Agent must submit written Authorizatio r) Sworn to before me this day of 120 Notary Public Creative Environlnentall�esign P.O. Bo,-�.160 (Peconic, NY11958 631734-7923 Creativeggi4g@-Yahoo.com Zoning Board of Appeals Southold Town Hall Annex Southold Re: Janet VanAdelsberg SCTM#1000-86-1-9.5 Dear Board Members: July 18, 2014 I am applying for relief to place a pool and associated shed on the above referenced property. I believe the relief to be miner in nature for the following reasons: The majority of the proposed pool is in the rear yard as allowed by code. The proposed location allows for the furthest possible location from the wetlands and surrounding area. The screen planting already exist in this area and would not adversely affect any vistas of the neighboring properties. Do to the nature of this subdivision and the proximity to the creek, the proposed location best fits the layout of the property and the surrounding properties. Attached to the enclosed application you will find examples of Granted Variances in this area that are similar in nature. Thank you for your considerations. Sincerely, David Cichanowicz Creative Environmental Design PO Box 160 Peconic, NY 11958 APPLICANT'S PROJECT DESCRIPTION APPLICANT: �/r.�1 �r�g WQ DATE PREPARED:'e7-11-14 1. For Demolition of Existing Building Areas Please describe areas being removed: a U. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 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: M. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: ^ c�DRYL C 5 G+RI�: 1 +rth I __ t _tnr 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: 9Lbaa Percentage of coverage of your lot by building area: V. Purpose of New Construction: 'Ra -b m -,a1 Z2cv IRV VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and 1,,..:. ;* —1.*" *^ *ha riiffit-nity in meeting the code reauirement (s): 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 A. Is the subject premises listed on the real estate market for sale? Yes _i4N0 B. Are t re any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses?4lication 2.) Are those areas shown of the survey submitted with this app? _ 3.) Is the property bulk headed between the wetlands area and the upland building area? il,D 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: f\n Z `rv'� �— and if issued, please attach copies of permit with conditions and approved surve . D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? rW E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? N'U _Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any constriction taking place at this time concerning your premises? _M___If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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?-1p— If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel AJ and the proposed useL (ex: existing single family, roposed: same with garage, pool or other) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural 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: n_ � 2. Address of Applicant: 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: aD'X Sj ` Pl'D 1 Ldi l-, -�l l -%r �Y`�(26t1 , 157 dao 4L/-J:And ri AI 6. Location df Property: (road and Tax map number) �(a.�i'� W6(15 & P4fjCv,�t_ 7. Is the parcel within 500 feet of a farm operation? { ) Yes (,),No 8. Is this parcel actively farmed? { ) Yes �-} o 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 of this page if there are additional property owners) �:\ 7 / / T / off/ Signature o 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. Solicitations will be made by supplying a copy of this statanent. 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. B$a .of zooming ADRa" Clom A nLO ALLN (Where #hc A ppikant WRCK t . �) GtVQ 4 : ��s� residing. at 4V.li�( ��G� 1)Ylvi (I'r�ot property csrv�a�'.s nate) �lii1'siitag Ad�iress� `���t�.�- �Ldo Eby authorize �GU�e. � i Gy1 a� �,r� 1.GzL Q,GcGf I (Agent) �� . �.eGc �v.e_ �� � �6W VVLW �_ to apgi� %r vari�n�s)� otZ ink bif rpt. ft Southold Zoning BoW of Appeals. `-t L.. /. r- . � a APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Ton of outhol 's C2dc of Ethic& Drabibits contlids of intercst on Me gart of town.9fficers and amplQxM The purpose of this form is to provide information which can alert the town of aossibie conflicts of interest and allow it to take whatever action is necessary to avoid same. ` YOUR NAME: (Ust name, first name, middle initial, unless you arc plying 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 Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) 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 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 applicant/agentlrepresentative) 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) $) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of_. 1 k t , 20 t U or Signature Print Na #e�&PLA av %. S AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid some. C$hVe Enviromental Design YOUR NAME : .®ao�i �a Ltc �,�r . PO Box 160 (Last name, first name, middle initial, unless you are applying in the name of someopeotpu®ItINV"4" as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance c/ 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 w h the town officer or employee owns more than 5% of the shares. YES NO 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 applicant/agent/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 day of 20 k 4 Signature t Print Name G a vt 1 617.20 Appendix B Short Environmental Assessment Form Instructions for Comaleting Part 1 - 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 l 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 Projects `' c_ 3 AAL 1t �-otr�td�-k b Project Location (describe, and attach a location map): 3-q-, 1.je i �LDuti; L Brief Description of Proposed Action: la 15` X dz� -a rnle- S(-a� Name of Applicant or Sponsor: one: LE -Mail:< L Addreve Environmental Design W) BOX 160 CityiPO: Peconic, NY 11958 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 L/ 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: '34o \,C\-\ \,q V- D -�- OL 3.a. Total acreage o e site of the proposed action? 1 Pf' acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned `, g acres or controlled by the applicant or project sponsor? 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial 11OResidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): n Parkland Page l 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 1-1/ 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 7 NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 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. Id tify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: lShoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional 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? ❑ NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoffand storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO YES , / V Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of I NO I YES water or other liquids (e.g. retention pond, waste lagoon, dam)? k�T If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO solid waste management facility? If Yes, describe: 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 I YES I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 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 l 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?" Page 3 of 4 No, or Moderate small to large - impact impact 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)? S. 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 enM conservation or renewable enerZy o rtunities? 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 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 -tern and cumulative impacts. 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 Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer 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 -tern and cumulative impacts. 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 Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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. *Fxcept 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# The Application has been submitted to (check appropriate response): Town Board © Planning Dept. © Building Dept. Rr- Board of Trustees 0 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: Location of action: '� o�cl �,9�t15 , 1�G <<- �T( lei 5� Site acreage: Present land use: Present zoning classification: M2 ;1a—A�I.a k 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: (b) Mailing address: PO Box 160 ecoWc, NY 11958 (c) Telephone number: Area Code ( ) X314--'7 qX3 (d) Application number, if any: Will the action be di tly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No 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 criter' . Yes ❑ No ❑ (Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Pol' ies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No (Not Applicable — please explain) 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 [O/Yes © No F� (Not Applicable — please explain) 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 0 (Not Applicable — please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Poli 'es Pages 16 through 21 for evaluation criteria Yes © No © (Not Applicable — please explain) 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 Er No(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 Q No �ot 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) 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. nn ❑ YeD No(Not Applicable — please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suita 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 andTown Ovate s. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. 0 Yes 1:1No Not Applicable — please explain 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. DYes ❑ NoNot Applicable — please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III —Policies; yages 65 through 68 for evaluation criteria. ❑ Yes ❑ No g Not Applicable — please explain FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30169 Date: 05/03/04 THIS CERTIFIES that the building NEW DWELLING Location of Property: 4297 WELLS RD PECONIC (HOUSE NO.) (STREET) (HAMLET), County Tax Map No. 473889 Section 86 Block 1 Lot 9.5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 9, 2002 pursuant to which Building Permit No. 28835-Z dated OCTOBER 16, 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH FRONT AND REAR COVERED PORCHES AS APPLIED FOR. The certificate is issued to MICHAEL & JOANN NICKICH (OWNER) of the aforesaid building. i SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-02-0049 03/25/04' i RMCTRICAL CERTIFICATE NO. 3709 01/23/04, PLUMBERS CERTIFICATION DATED 02/06/04 CHARLES ANDREWS . i i I I � � ( i th ized Signature i I I Rev. 1/81 M f.. IN r r�. a y F♦ '•rte �`�. �'Y . O J f._ j y" W IS.-BOARDMIMIaERS j dia A. Toitom 140MMS A D. a, ChairWorrian A:t Fat Southold Town Rall 53095 Main Road ft P.O.; ]3bx 1179 Southold, New'York 11971-095 ZBA Fax (631) 765-9064 Telephone (631_).765-2809 HOA" OF APPEALS TOWN OF SOU1TAOLD httF/J9o,at,ho1dtow"oTt1ff6rk.u, FINDINGS DELIBERATIONS AND DETERMINATION 2V MEETING OF DECEMBER 4, 2003 No..5 428- CARL AND ELENA-MT&HKE Location: 95 Shore, Lane, Pecbnic-, Parcel 86-1-4.17. *;J`tfie - - - 1* " --tie List of Actions, isY'pla'nn6d. The Zoning Board of Appeals has_ erty visited the propunder n and determines that this review.falls under the Type It category of out an adverse effect on the environment if the project is implemented fA_CTSLQg1S:&R_1PTIQN: The applicants 22,972 sq. ft parcel has frontage along two flki _Jlk. A .. (1V -eels, feet along Shore Lane and to the west 155 ft. along Indian Neck Lane, in Won lot is Improved with a two-story frame house with garage and decks as sihown.on the n 24, 1999 survey. revised July 23, 2003 by Joseph A. Ingegno, L.S. Building Departments June 27, 2003 Notice of Disapproval, citing' 'S On 100-33, in its denial of a building pernfit to construct a hot tub structure In an area other than, --;a re aired rear yard. FINDINGS OF FACT Zoning Boatd.of Appeals hold a public hearing on this application on November 24, 2003, at, ;'which tine written and oral evidence were presented. Based upon all testimony, documentation, Ixftionat inspection of the oroi*rty, and other evidence, the Zoning Board finds the following facts to be true and:relevant RELIEF BF -t REQUESTED: Applicant requests approval of the bcation of a hot tub ....-WruLtilre behind the dWO-11ing, situated along the east side of the exists ng rear dock. The deck Is 153 8 feet'from the -northerly (rear) property line, and the hot tub is a greatet distance from the rear' .1 property line. There is no r6ductibn of code -required minimum setbacks.- 8 FOR BOARD ACTION: On the basis of testimony presented, materials submitted and - personatinspections; the B6ard makes the following findings; A -'The granting of 'this variants will not produce an undesirable chan:ge in the' character of the to nearby propertles. The applicant has placed the hot -tub directly neighborhood, or be a detriment y in the back, at the northeast corner of the existing sing14-farbily dwelling.. This area Is considered to be ,a' side yaW.. since the applicant also has a wooden de(*, approArnatfily 14 ft x 39.4 feet situated at the roar•of. the dwelling. -This:6ffectivelytamed a- portion of the rear yard'into a -side yard, with no - eroutchange to this parcW'br the neighbbrhobd. •l Page 2 = December 4, 2003 Appl. No: 5428 - C. and E. Patchke 85:9 -4.17 -at Pedohic 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the appiloant to pursue, other than an area variance, because the applicant needed to position the hot tub'in the most logical place, which is along side the deck, directly in the back of the building. 3: The- requested .variance is. riot substantial .for the applicant's lnstallatloh of a hot tub, on a -tbha1dte'slab of 13.5 ft. x 18.2 ft., anis utiiW!ng a +1-210 sq. ft. area deblnd the dwelling. There Is no r00 , or,40ills,-other than atop cover for the hot tub. The total lot coverage including the hot tub, and its surrbUhding. enclosure, does not -exceed twenty percent of this parcel. ...4-- The proposed variance will not have an adverse effect or impact on.the physical or environmental i ddhdi46ris.in the.rnefghborhood, or district, because the applicant positioned the hot tub in a location d. Illi rely chosen,. with a goal to minimize any possible damaging impacVb the 1mrhediate area. 5. The; difficiit'y for the' applicant is self-created. i . 6. Ttie relief offer6d, to this applicant is the minimum determined necessary for the benelff of a i cbnvat0ritli situated hot tub; whilb at the. same time protecting and preserving the character of the rieighbcrhood, as well- as. the' health, safety, and welfare of the surrounding community. i .RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing '.test- under New York Town Law 267-0, motion was offered by Member Goehringer, seconded by Chaiiwaman Oliva, and drily carried, to GRANT the variahce as applied for and shown on the survey dated June 24, 1959, revised Jiily2, 203, by.loeepti A. Ingegno, L.S., SUBJECT TO THE FOLLOWING CONDITION: 1. As an accessory structure, the hot tub will remain open to the sky (as built). 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 i features as are expressly addressed in this action. Vote of the- Board: Ayes: Members Oliva {Charwoman), Goehringer, Tortora, and Orlando (Vice Chairman). Absent was Member Ho This Resolution w IY adopted {4-0}. S Ruth Q. Oliva, Chairwoman 115104 Approved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD DECISION RENDERED: January 4, 1995 APPLICANT: Jack LOCATION OF PI COUNTY TAX MAP APPL . #4288. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BASIS OF APPEAL: Notice of Disapproval issued by the Inspector 8/15/94. "Accessory structure (s) must be locate required rear yard setback." PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.4. RELIEF REQUESTED: Temporary location of above -ground 4 ft. by 12 ft. accessory swimmingpool pool, 48" high, located in the side yard, as built and more particularly shown on sketched map submitted with this variance application. MOTION MADE BY: Gerard Goehringer SECONDED BY: James Dinizio. ACTION/ RESOLUTION ADOPTED: Approved temporary location of accessory above -ground pool, provided there shall be no permanent replacement within existing side area for any other type of structure; any future in -ground pool or building must be placed in the northerly yard area (which is technically the rear yard) meeting code setbacks. The existing temporary above -ground pool shall not be enlarged and shall remain centrally located in the side yard, as exists, until appropriately removed and relocated. REASONSMINDINGS: Property is substandard in size in an R-40 Zone District. No other yard area has been designated as a rear yard. Property contains two front yards and two side yards. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James DWzio, Jr., Member Robert A. Villa, Member Richard A. Wilton, Member Gerard P. Goehringer, Chairman -Member. This resolution was dulyopted STT `i � BY �� f /� is•.. %1..:•__�_... _ .� _ ... �- -. —,i. L•�._.:+u RARID P. GOEIiRIN AI_f 10 �- F, i r Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.L. N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3417 Application Dated October 15, 1985 TO: Mr. Benjamin Kowalchuk P.O. Box 225, Wells Road Peconic, NY 11958 TELEPHONE (516) 765-1809 (Public Hearing 11/14/85) [Appellant (s) At a Meeting of the Zoning Board of Appeals held on November 26, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a I l Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-32 I ] Request for Application of BENJAMIN KOWALCHUK - Appeal No. 3417 - Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory lawn building in an area other than the required rear yard at 3375 Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 2, Lot 8. WHEREAS, a public hearing was held on November 14, 1985 in the Matter of the Application of BENJAMIN KOWALCHUK under Appeal No. 3417; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located on the east side of Wells Road, Peconic, New York, contains an area of approximately 19,000 sq. ft. and frontage (lot width) of 100 feet, and is iden- tified on the Suffolk County Tax Maps as District 1000, Section 86, Block 2, Lot 8. 2. By this application, appellant requests a Variance to Article III, Section 100-32 for permission to locate an 8' by 10' accessory ZONING BOARD OF APPEALS, ,,. M HALL •t'N ROAD • &. R. 25 � SOUTHOLD,. N1.Yw.lWl NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law ana the Code of the i own of Suu-tho f u, 'Lite- -i ul i uwi rig Num 1 hearings will be held by the SOUTHOLD TOWN'BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting commencing at 7:30 p.m. on THURSDAY, NOVEMBER14, 1985 and as follows: 7:35 p.m. BENJAMIN KOWALCHUK - Appeal No. 3417. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory lawn building Wan area other than the required rear yard at 3375 Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 2, Lot 8. 7:40 p.m. FRANK AND DIANE AMMIRATI - Appeal No. 3407. Special Exception to the Zoning Ordinance, Article VIII, Section 100-80 for permission to establish a retail food store in conjunction with a -single-family residential use at premises located in this "C -Light Industrial" Zoning District, known as 730 Love Lane, Mattituck, NY; County Tax Map District 1000, Section 140, Block 2, Lot 18. 7:45 p.m. RUTH BOHN - Appeal No. 3373. Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area and width (frontage) of two parcels located at the west side of Beebe Drive, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lots 2 and 3. 7:50 p.m. SUNBOW ASSOCIATES - Appeal No. 3420. Variance to the Zoning Ordinance, Article VII, Section 100-71, Bulk Schedule ,,for approval of insufficient lot width (frontage) of four proposed parcels located at the north side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 122, Block 06, Lot 29. Page 2 '- Appeal No. 3417 Matter of BENJAMIN KOWALCHUK Decision Rendered November 26, 1985 the southerly side property line, and approximately 23 feet from the northerly side property line. 4. It is applicant's position that in locating the accessory building in the rearyard, the neighboring parcels would be affected since it would block their waterview to Richmond Creek. 5. It is the opinion of this board that although the accessory building should be placed in the required rearyard, to do so would . require additional variance relief under Article XI, Section 100-119.2 concerning restrictions of structures within 75 feet of wetland areas. It is the consensus of the board members that this structure could be located partly in the rearyard area a distance of approximately 76 feet from the ordinary highwater mark and extending partly in the sideyard area. In cohsideridg this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested is not substantial; (b) there will be no substantial change in the character of this district; (c) the relief as conditionally granted will not cause a substantial effect or detriment to adjoining properties; (d) the circumstances of this appeal are unique and there is no other method feasible for appellants to pursue other than a variance; (e) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT permission to locate an 8' by 10' accessory lawn structure partly in the sideyard area and partly in the rear - yard area, in the Matter of the Application of BENJAMIN KOWALCHUK, Appeal No. 3417, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory lawn structure be located at a point approximately 76 feet from the ordinary highwater, but not closer than 76 feet. 2. The accessory lawn structure be located no closer than 15 feet to the north side property line as applied; 3. The accessory structure be used only for storage and lawn purposes (not for habitable or sleeping purposes); 4. There be no obtrusive lighting which may be adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) This resolution was adopted by unanimous vote of the four members present. Page 2 - Legal Notice of Hearings Southold Town Board of Appeals Thursday, November 14, 1985 8:05 p.m. EUGENE AND DIANE GIANNONE - Appeal No. 3416. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of the construction of an accessory garage structure in an area other than the required rear yard at premises identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 8, Lot 50.07 (part of 50.3), located on a private right-of-way off of Sunset ' Drive, Mattituck, NY. The Board of Appeals will hear at said time and place all persons desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the hearing in ques- tion. For more information, please call 765-1809 (alt. 1802). Dated: October 24, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ----------------------------------------------------------------------x Instructions to Newspapers: Please publish once, to wit: Thursday, November 7, 1985, and forward seven affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, on or before November llth. ----------------------------------------------------------------------x Copies to the following 11/4/85: Suffolk Times L.I. Traveler -Watchman (personal delivery) Town Clerk Bulletin Board ZBA Bulletin Board ZBA Individual Files Building Inspectors !Mr. Benjamin Kowalchuk, 3375 Wells Road, Peconic Mr. and Mrs. Frank Ammirati, 730 Love Lane, Mattituck, NY Mrs. Ruth Bohn, Box 453, Beebe Drive, Cutchogue, NY Southold TOWR:: Board, ofAppea MAIN =ROAD STATE RQAQ 25 :SbUTHOUP, L.1., :N Y. I197-1 TELEPOONE 1516) 785-1809 APPEALS BOARD • `IVAEMBERS. GERARD P; GOERRINGER, CHAIRMAN CHARLES GRIGOMIS; JR: 5E1iQE 0k0DaYEN;'JR. T J..Dt1i70UAtS -JoSlt'H 4. SAWICKI NOTICE IS HEREBY'GIVEN, pursuant to Section 2-67 of°the Town Law. -and the Provisions -of. the Amended- Code of the Town. of- Southold, a Regular Meeting and the following Public Hearings will be held by -.the Southold Town Board -of -Appeals at•the Southold Town -Hall, Main Road, Southold, New York, on FRIDAY, MAY 27, 1983 commenging at 7:30 p.m. and as follows: 7:30 p.m: Application fore REV. WILLIAM J. HII;LIAPJ), by Irving L. Price, Esq., -'828 Front Street, Greenport; NY,'for a .Variance.to the Zoning Ordinance,.Axticle III, Sections100=23 and 100-32 for permission to re -locate accessory:structure in the front/side-yard areas at Heathulie Avenue, Fishers Island, NY; Minor Subdivision.Map of Smith -Milliard -#155.., Lot 3; more parti- cularly known as County Tax Map. No. 1000-9-6-5.2. 7:35 p.m. Application for•HILDEGARD-MORAND, By Irving L. Price, Esq., 828 Front Street, Gre'dnport,-NY for a Variance to the Zoning Ordinance, Article III, Section.100-34 for permission to construct addition, att-aching.nonconforming accessory structure, leaving an insufficient.sideyard setback (as a principai-structure), at 935 -Old Shipyard Lane, Southold, NY; -Founders: Estates Map 834, Lot 107; COUhty max Alldp parcel'No. 7:40 p.m. Application of.WILHELM & SLLKE FRANKEN,'75 Carroll Street,.Brook'lyn, QTY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permis-sion to construct new dwelling with an insufficient frontyard setback, at,Osprey Nest Road', Cleaves Point Section 1, Map 2752, -Subdivi- sion Lots•14 and 15., at Greenport; County Tax Map Parcel - No. 1000-35-6-22., 23, 24. 7:45 p.m. Application of BURKE E. LIBURT, 1420 King.Street, Page. -2 - Legal. Notice of Regular Meeting and Public Hearings Southold Town Board.of.Appeals May 27, 1983 Regular Meeting 7: 55 p. -m, Application of tALFAtb AND ZINA' `HULL, 333'Pearl Street, New York, NY .10038, for a Variance to the:. Zoning: Ordinance, Article XI, Section 100=118E for permissiori-to reconstruct and alter existing building which would* exceed 50of the -fAix market value of this structure, kequiring a variance' to ' conti;nlie' or = reinstate a second- dwelliTig un -it in 'this: "A -Residential" . District-,, at 3630. SoundView Avenue, Peoon.ic-, NY; County. Tax -Map Parcel No...1600-68-04-004., 8.-05 p.m. Application of SOUTHOLD LUMBER. CO'..,'INC.,.Youngs Avenue, Southold,.NY, for.a.Variance to .the 'Zoning Ordinance, Article Xl; Section 100=119B for periniss-ion to erect fence exceed inc! 4' in height along.the frontyard area of these premises more particularly known as 675 Boisseau Avenue, Southold, NY; County Tax Map No. 100-0-63=02-030:1. .8:10 p.m. Application of HENRY -PIERCE., 2615 Wells Road, Peconic, NY for a Variance to the Zoning Ordinance, Article 100-32 for permission to construct accessory storage building in the front and side yard area at 2615 Wells Road, .Peconic,-NY; County Tax Map Parcel No. 10'00-086-02-1.2 8:15 p.m. Application for.ROBERT.T. KROEPEL, D.D.S. by Rudolph H. Bruer, Esq., Main Road, Southold, NY for a Variance to.the Zoning Ordinance, Article III, Section 100-31 for approval of two proposed parcels having approximately 37,069 square feet in.area and 120.8.5.feet of road frontage., -at the north:dide of Indian Neck Lane, Peconic, NY; -County Tax Map Parcel No. 1000-86-6-16. 8:25:p.m. Application of JOHN AND JANET FLOWERS., 400 Con- klin.Road, Matt-ituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for.permission to construct garage in the frontyard area, at 400' Conklin Road, Mattituck, NY; Garden Heights Subdivision Map 577, Lots 24 and 25; County Tax Map Parcel No. 1000-139-04-006.. 8:30 p.m. Application.. for RIOHARD'.E..-SULLIVAN by David S. Horton, Kouros.Road, New Suffolk, NY 'for a Variance to the -Zoning Page 3 - tegal.Notice of. Regular Meeting and Public Hearings Southold.'Town'Board'of Appeals May 27, 1983 Regular Meeting more particularly identified as County Tax Map No. 1000-44-4-5. 8:40 p.m. Application of JACK_LEVIN, North..Road,.Greenport, NY, for a Special Exception to the -Zoning Ordinance,'Article:Ill, Sec- tion. 100-30 (B) [1] - for permission to. convert existing dwelling into two-family dwelling use on a minimum two -acre parcel located at the south -side of C.R. 48, Greenport, NY; more particularly identi- fied as Cbunty'.Tax- Map Parcel No. 1000-44-4-5.. 9:00 p.m. Recessed Hearing,: DOROTHY REISE (Owner) and RIAL REALTY -CORP. (Contract Vendee) by Rudolph H. Bruer,'Esq. Tennis court and.garage on a vacant parcel.- East Hyatt Road,`. Southold, NY. Any persons -desiring to be heard concerning: the above matters should appear at the. -times and place above noted.. If additional information is needed, please contact Linda Kowalski, Secretary of the Board of Appeals, at `765-1809 (or 765-1802).. DATED: April 2.7, 1983. BY -ORDER OF -THE SOUTHOLD TOWN BOARD .OF APPEALS GERARD P.,GOEHRINGER CHAIRMAN i ----------=--------------------------------------------------------- X Instructions to newspapers: Please publish once, to wit, Thursday., May -12, 1983 and forward one -affidavit -of publication to:- Board of Appeals, Main Road, Southold, -NY 11971: ----------- - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - -- - - -- - - - - ----------- v TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET q2- VILLAGEDIST. sue. LOT Ps t er ACR. TYPE OF BLD. REM KS 11�91-qCf -L n0.- 17ri i f PROP.CLASS ( v LAND IMP. TOTAL DATE c) an o 00 PL e -.-v ;l h FRONTAGE ON WATER 0 TILLABLE si Nis I cWOODLAND -MEADOWLAND BULKHEAD HOUSE/LOT TOTAL ,a 0 Pj'11. Y 11 y4p{e omen rr au Wa[ aiic my fBa>+u R6.., va 'N. si:�iii�eud.a•�✓1> TWA iEpWa.. 1 �u0,: ■ummum■„m■■■ mo-mm-Ji'agoommm ONES NOON NOON NEON OMEN NEON m SEE SEC. SEE SEC. //� SEE SEC. 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