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HomeMy WebLinkAbout1000-110.-7-4e OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 OF SOUT�o� ti o yCOUNTi MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 31, 2014 Re: Proposed Wetland Permit for ALEXANDER KOFI NAS, AS TRUSTEE #6774 SCTM#1000-110-7-4 ALEXANDER KOFINAS, AS TRUSTEE #6774 - Request for Variances from Article XXII Section 280- 116B and Article III Section 280-15 and the Building Inspector's June 10, 2014 Notice of Disapproval based on an application for building permit to re -build a single family dwelling with pool surround, cabana and legalize an "as built" storage building with deck, at; 1) less than the code required bulkhead setback of 75 feet for all structures, 2) "as built" storage shed and deck at less than the code required rear yard setback of 15 feet, 3) accessory pool cabana proposed in location other than the code required rear yard, located at: 805 West Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-110- 7-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended. specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The Board of Trustees issued a Wetland Permit (7669) in 2011 to replace a 14'x36' boardwalk and ... removal/replacement of bathhouse and roof for bulkhead replacement following damage to the structures by a storm/erosion. The "as built" storage deck was re -built without review from the Zoning Board. Portions of the storage deck are located within FEMA flood zone VE (velocity hazard). Note that structures that are constructed within these areas are at risk of repetitive damage and loss from storm surge. The structure and cabana are proposed to project further seaward than the existing structure on the parcel. It is recommended that the structure and cabana be located away from flooding and erosion hazards to the greatest extent practicable to further this policy. Figure 1 Subject parcel (White Arrow) If the event that the action is approved, it is recommended that a perpetual LANDSCAPED BUFFER be established landward from the wood retaining wall. The buffer should be designed to encompass the existing vegetation west of the stairs and extend to an area comparable in width east of the stairs. Chapter 268 defines a Landscaped Buffer as - A land area of a certain length and width which is planted with indigenous, drought -tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four -foot -wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] It is further recommended that the LANDSCAPED BUFFER area be staked prior to any construction on-site. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 10, 2014 TO: Michael Kimack for A& G Ko finas 321 Riverside Dr. Riverhead, NY 11901 Please take notice that your application dated June 14, 2014 For a permit to rebuild a dwelling with pool surround & cabana & legalize an "as built' storage building with deck at Location of property 805 West Road, Cutchogue, NY County Tax Map No. 1000 — Section 110 Block 7 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states: " All buildings or structures located on lots upon which a bulkhead.... and which are adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." Also per 280-15, the proposed accessory pool cabana is located in other than the rear yard. L ed Si ng ature Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 SOUr�D� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 July 3, 2014 i JUL 0 3 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Southold Town g Board Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6774 KOFINAS, ALEXANDER 1000-110-7-4 Dear Mark: We have received an application for additions and alterations to a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, LeslieK. ysman Chairpe so By: 9ry n • Wt RR ^y + , ry • Q+ �Q 'a` � a7 F i ,+o � �y g s •w _„rno A ry F1yp 'T •�� $ r � ,c y^ J' a \�� /' ^,1 �,ry �O �. �• 23 ,y � 29 ,�. N $ 10 DID P ryry � y d 12. r �a ti' ryy 4 2� ,•+p9 4� '� E? 4� 0 s'+' O r a VIJ-7 LH SCH.D.9 YvA eUi o 1/0 I10 Y r V� Y J� 33.1 I I i j N 708683 COUNTY OF SUFFOLK© E 101 t TOWN OF SOUTHOLD SECTION NO ERREe NOTICE L'mV03'ryE -. • fEVIEp WJJO tw NTENIWCE, ALTEMTItNi SPLEW Real Property Tax Service Agency Y M' 9 118 Nl1AGE Of 110 H'/n11/NT DISTRIBUTION OF APORTION OF THE € COIJnty Canter RWerheaU, N Y 11901 M YAtfR StIFFOLK CWNTY TAX 1 MP IS PROHISITEO B SCALE IN FEET. xn 17, � n aoo w.s1EYATER NATMWLWaTTENPMa A DISTRICT NO 1000 ERMISSIONOFTHE-�[f��s� PROPERTY MAP _� REAL PROPERTY TAX SERVICE AGENCY. P11 117 CONVERSNIN WE Jan 16. 3113 Fee: $ Filed By: Assignment No. yl_� I t APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 80.5 Street WAC..f T je,0, ,0 Hamlet ICU j"Cj4OGII.6 SCTM 1000 Section 4(/O Block_ZLot(s)Lot Size Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED IT 20.4 BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): _0g4jf2gg 4V" 2bF/ S IdJ' Tit2US1:�� Mailing Address: ,11851'!5y �p.4� /7,4iVy�1SS1rl" NY. //B O Telephone360S2d3 38/O Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative:,&ZeA,,14,FG #_ &/No Ck for X Owner( )Other - Telephone: 631U - 7.21,0-4 Fax: 7 Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), 0 Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED dZZQ FOR: QCj Building Permit ( ) Certificate of Occupancy 56 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: XX11 Section: 286 Subsection: Type of Appeal. An Appeal is made for: Q�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, M has 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 officefor assistance) Name of Owner: 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 detrimgnt to nearby properties if granted, because: rHLc lopes/ r�D /y,�(,(f PjX/0rr&/A/& W11N&R0ZW1-7 /°Gd Z Y crw4ejCWAW J'' s �o ate'/�✓ ry.� / •vl� 65 W/2 ar PV41v016ybroa� M0 iu04J6,J B41'yvcW /•v 0 D-rA6�0 R,R6 1'05 of DUCP N PtT �� A AW7R1 � T i`v �Y / A"Ll"W ���s l�R�ty�cJ" W 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: )%e fR dNr y.4V/,•W 6- 77)o� L 7- 6r�l%/lsG wze'rr R 0A'V Fv,�,�t'�',Pox, ?�� l��/' .vTJ ,9c�oL .4 4'o GOWx . r*l.p /Llw*zs r0 /417w1w .0�� /J�' lIRJY�LUA�✓�/��2y(G//j�!'� �%�if� . )W"r PRO POJ;5v p eu JV(., it i me: '00W,L o F,471dIV aF r�,6 ,Vx>�»vv VNIZOS ��1/S�tjf �/��'Co t/.CT��Y� O/VGSI &E'CdUr!°SL rO s'tf%%VbstaiffialTie�iCse NC�GAC1� ON ➢`�t1,� J'ETi�iO C UA/.� A.l.ST O&N P•�.�� P� a/'vr, �aac's ccar t'T po/r�r Y'a ,� .b''1,� � 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in theJ,r,B•J/ L5� neighborhood or district because: y�/� 1V12W 01J1W1�1& !tel �%� ,1'/l`7/LIZ �4 U.l� �yLjjC�`�;IY�S AG7"s=,� �UG/� ➢'ls��� A- �'/� F,E=� PO),a ANP JY�4 401,5V /,8Y V�G6W)',V 7-0 rVj!!r ,4IFAJ7CY LG1r 5. Has the alleged difficulty been self created? >4 Yes, or { ) No Why: Are there any Covenants or Restrictions concerning this land? ,TNo { } 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 of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) 1 Sworn to b fore me this/ day 4 Notary Public CONNIE D. BUNCH Notary Public, State of New York No. 01 BU6185050 Qualified in Suffolk County Commission Expires April 14, 2�) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. A.492 .... Date .............. A.ea....5 .... 19.72. THIS CERTIFIES that the building located at . West. Road ................ Street Map No. Xx......... Block No. ...... Lot No.. 3= ...Cud 088 NJ, s...... . conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... Dec .. •i•5 ... , 19.7-0. pursuant to which Building Permit No. 51042 . . dated ............ PQ,; ....15.. , 19.79., was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is ..Private. OJ3e . family..dveUjUg...................................... The certificate is issued to . X . Harry. Lister ...... Owner .......... I ............... of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of Health Approval N.R....... . ... . . . UNDERWRITERS CERTIFICATE No.... p' .. . ....................................... R! HOUSE NUMBER..805 ....... Street .... West..Road.................................. ................................................................................. Building Inspector FORM NO. E TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN -CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) NO 5104 Date ............. �"...........�........... 19 !� Z Permission is hereby granted to:/��� ................... ........... .............. ..f..l to ............................................................................................ e .................... .......... ................................................................................................................................................................ atpremises rotated at .....`.................................................. ........................................:... �-.............................................................. ................................................... ........... .... ...................V.........................................................' pursuant to application dated ....................... (.:.��......, 197 ! and approved by the Building Inspector. t ! Fee $.. ............ _ c 8uilding Inspector APPLICANT'S PROJECT DESCRIPTION APPLICANT: &46�&��.P�DATE PREPARED: "4 114 1. For Demolition of Existing Building Areas Please describe areas being removed:[/P/ON II. New Construction Areas (New Dwelling or New Additions/Extensions): 15'CA469?) Dimensions of first floor extensions 6T.ZINJ� •�361w)s� 1' 974,.r - Dimensions of new second floor: __i ��� } 6�W�`3'T D fs� 3S" re FT'��� 1, D77 � /CT Dimensions of floor above second level: ;&M Height (from finished ground to top of ridge):, 12',cp" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: zo 1f III. 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: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: A. 4 / Square footage of your lot: -4 " Percentage of coverage of your lot by building area: 2 V. Purpose of New Construction: ��y ,paJ il/ tv VUG & A16 1A1ZeA& ��XI.1/l� �. i 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): Please submit S 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 r QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? —ly_Yes No B. Are there 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? &2 2.) Are those areas shown on the survey submitted with this application?__ Yj�y 3.) Is the property bulk headed between the wetlands area and the upland building area? yF,s' 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? y S Please confirm status of your inquiry or application with the Trustees:_ Pj5e l/ �CW170W /!'/W& 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? AVO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? A10 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?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? Nd If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ,per/D��►/�j,�2L and the proposed use aE1�J2�./Yl/•bL (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date 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. Name of Applicant:_" lC1/,(�Z Address of Applicant: Name of Land Owner (if other than pplicant): aM Address of Land Owner: — EX4 Description of Proposed R- - N 6. Location of Pro erty: (road and Tax map number) (vO d 0 7. Is the parcel within `500 feet of a farm operation? { } Yes X No 8. Is this parcel actively farmed? { } Yes X 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. 61 6. (Please use the back of this page if there are additional property owners) 61,z J4 Signa�f 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 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. z PWW", 617.20 Appendix B Short Environmental Assessment Form Instructions for Comnletine 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 fimding, 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: N L1� Project Location (describe, and attach a location map): Brief Description of Proposed Action: JI -MAI ,D6AI_o4 C�J�v crNE-GU 20 �y0 C�f�' oGa�e �A 114jr' PAW Pioxc ; P y!P. P Name of Applicant or Sponsor: Telephone: xy 110 VS/ -E -Mai ��� Address: City/PO: State: Zip Code: ! Dl 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 X, 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: fplj}ry�,a %`i �1.s%�LC� JT1S/17'1 4VAvbz1-1iv(5r; Nv o,Ec, J&)5ta4k 3.a. Total acreage of the site of the proposed action? 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 4 166 WE 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: 6!1 CU o 9 V6,MAIAf�7'S NO YES ` X 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: RO&I G NO YES X 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: i3V.1%2Z„�f�,'�C �4CZV f 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? 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 NO YES 14. Id ntify 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 ❑ Wetland ❑ Urban §d Suburban IS. 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? 16. Is the project site located in the 100 year flood plain? NO YES 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? ONO ❑YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO RYES J'Yln,44-d 0AV_M9A92L r NO YES .49 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 >� small to large impact impact 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 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? 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: C C11)6 Date: ,Fj 2] SQL¢ 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?" 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)? 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 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. ❑ 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. ❑ 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 Board of Zonine Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) l LEX'AtiD I, �� r l� A� % jWSn"� residing at c3� (Print property owner's name) (Mailing Address) /t)Y / C p 3 p do hereby authorize Z-J/CLIA� 19 (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. wner's Signature) (Print Owner's Name) 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 same. YOUR NAME : �y�tr'�.Qt'/ Q/%�/yC%L (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 �C Change of Zone -� Approval of Plat Other (activity) Building Permit Trustee Permit i 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 Ifyou answered "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) Q an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 15 day of �VY467 , 20/,i�//� Signature.1c2 Print Name APPLICANT/OWNER 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 same. YOUR NAME : A7445XA 0,6, f e0j!51�,0_7 9 M2,&rF (Last name, first name, middle initial, unless you are applying 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 X Coastal Erosion :flooring 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 Y— If you answered "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 Signature G' Print Name 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. *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). 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# //D -7_- The Application has been submitted to (check appropriate response): Town Board 1E Planning Dept. 1E Building Dept. 5e 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: KZ 6A10r 6Q,-efAC ZV C09"g) Nature and extent of action: A&A0,e17-1t1A1 4/7,1! ✓V 'ZIW& /)7U4➢'tJW.7 a Ls�L CaN�. p1; 4U14LIc&6o YS, fcf2EE� /� ADXCl>1, 01PEW poRc�K �Qo[,, C'�B,�rvs�, Ptp ttr.�X s� o�°,9i//v��((�[[�������/////++o//'//'n//A� OV , /Z,1 --46e .� AV/ IYM6r. rYJ)7�"s Location of action:MSc �/t ,)►j'� C/ p-%2 dlj U Site acreage: ,7 j- t1a Q 4, 6-A� 2 Present land use: !46M27A2- Present zoning classification:_�7_�iy%7iS� L 2. If an application for the proposed action has been filed with the Town of Southold agency, information shall be provided: (a) Name of applicant: -46a JeCAWA S' 14r d'M)- 7Z1r6 (c) Telephone number: Area Code( 6 0 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No 'L'Rj' 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 ch preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal loca minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluatio criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 9 Not Applicable 9 following •acter, ion, and . See 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 7 Yes 0 No ® Not Applicable 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 7 Yes 7 No 9 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria 9 Yes 11 No 1E Not Aimlicable 14 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria, Yes No X Not Applicable � . L .:/ _ / ♦ � r 1. � r /'tel � � �� 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. ❑ Yes ❑ No Not Applicable Attach additional sheets ifnecessary 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. ElYes Yes ❑ No I �'� I Not Applicable _77155,441MA1,7- 01.'AVZ1P cv.V7Z 7Z_ X.25 ,QY P PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ NoZ221 Not Applicable 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 suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes 7 No ;X Not Applicable 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 ❑ No I'20d Not Applicable 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 ,TMEAX✓PZ?AI6 L4" /'-r y,07" f>A�WAQ .46 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. 9 Yes ❑ No ❑� Not Applicable Created on 5125105 11:20 AM REVISIONS: DRAWN: ME/ MS SCALE: 1/4"=P-0" June 26, 2014 SHEET NUMBER A-1 UVWONS: U � a a Q u s a W � z 0 ►�i w a Q w H O W A., o O aJ a O ¢� a� �o c� x U o O � DRAWN: MH/MS SCALE: 1/4"=1'-0" JOB #: Jme 26, 2014 SHEET NUMBER: A-2 PROPOSED SOUTH ELEVATION �2f SCALE: 1/8" = 1' REVISIONS: All o,M`��� A f 0 e e u N a m e � a�Ui Z m U s o g e u' `z x a W v1_ z o H C a w Q H W o 0 Q � o a p a o Q� �o w 3v t4v:l o O 44 DRAWN: MH/MS SCALE: 1/4"=1'-0" JOB M June 26, 2014 SHEET NUMBER A-3 bL ALt: 1/6" REVISIONS: O .0Al Tow,old' . 1 U � w a d �z �n d Q U ti a W � z o O Q w H W v� Q O W a a a� o Q Gn0 Wo � 3u t}, o O W U DRAWN: MH/MS SCALE: 1/4"=P-0" JOB #: June 26, 2014 SHEET NUMBER: A-4 I me- 1111- ..�_ r. �14i IIII■ .■/rarer■� f �■•d i ®•ice®�� •I I FF E� T uD�g7-•Z• GRADE EL25.0' MASTER BEDROOM SOUND SENSE ACCOUSTICAL BARRIER ON INSIDE WALLS AND CEILING E C H ON 01. u u o Will E PROJECT NORTH 1ST. FLOOR PLAN SCALE: 1/8" = 1' LIVING SPACE: 2394.1 SQ. FT. GRADE El21.P REVISIONS: �7r!, e e U w a e U c � 4 a U e `e 4 rWr^ vl 0 a a Q � o C ° w o a 03 O ¢� a x U ou O oo U DRAWN: MH/MS SCALE: 1/4"=1'4" JOB #: JLme 26, 2014 SHEET NUMBER: A -5a E:J 0 ,� BATH 16 r DETAI"/NOTES: 1. GAF CAMELOT ROOF SHINGLES ]. MARVIN+MOTORIZED SHADES 3. B' OR IP FLOORING. COUNTRY WHITE OAK Q1 M GLEASON) 6. NICHIA SIDING 5.STORM GLASS WINDOWS / DOORS , WHICH INTERIOR DOORS 7. CAST IRON DRAINAGE THROUGHOUT 0 FF EL 26.0' E PROJECT NORTH 1ST. FLOOR PLAN SCALE: 1/8" = 1' LIVING SPACE: 2394.1 SQ. FT. GRADE El21.P REVISIONS: �7r!, e e U w a e U c � 4 a U e `e 4 rWr^ vl 0 a a Q � o C ° w o a 03 O ¢� a x U ou O oo U DRAWN: MH/MS SCALE: 1/4"=1'4" JOB #: JLme 26, 2014 SHEET NUMBER: A -5a GRADE EL 19.5' aou DOWN SCREEN ---------------- .Q ---------------- .. _, CABANA REF. 1/2 BATH O GRADE EL24.0' RAISED PATIO Ff EL 24.5' ---------------- ROLL DOWN SCREEN ROLL DOWN SCREEN 1 1 1 1 W 1 � 1 � ' SCREENED 1 ' O PORCH 1 � i 1 OVER FLOW 1 1 W' ' PERGOLA / PORCH 1 1 FF EL 26.0' 1 ° 1 1 FF EL 26.5' FIF=ji E PROJECT NORTH 1ST. FLOOR PLAN SCALE: 1/8" = 1' (ter( PLANTER�/- J -. •-J � � 1-} r -J'} •-J -, rJ � �J } m"es GRADE 0.18.0' GMDE EL24.0' REVISIONS: ��,a'��� e U _Nw a e . o � e U 0 4 rV1 .a aas Q Q w a � O a a w a� z 94�D 60 0 3u 00U0 A� ao U M� DRAWN: MH/MS SCALE: 1/4"=l'-0" JOB M: June 26, 2014 SHEET NUMBER: A-5 REVISIONS: �l �i iw%%� 0 QU � N a �n - C5 C X O. V W � Q U k S d rW V 1 /7Qy a I-1 O w O � w z /'1 N rA O !^^1� 1"x"1 rA x U o U A� °O U FSI DRAWN: MH / MS SCALE: 1/4"=P-0" JOB #: June 26, 2014 SHEET NUMBER: A-6 '7EC TOWN OF SOUTHOLD f 'R Zoe 6 - 11,6 - 77 - -V CARD �IgMWWW 4W011 65r orust'. STREET VILLAGE DISTRICT SUB. LOT FORMEO f . lrWNo R N 4,r* aA0 of -At t_ot j�/re(f k4'_skr, A5 �.Yws a 4 A RES.,,? SEAS. VL. FARM ACREAGE E -&Om TYPE OF BUILDING COMM. IND. CB. misc. LAND IMP. TOTAL DATE REMARKS f�/Y// Z. Yj 6 ? J oo 1 00 63 () 0 o JWa6193 L I 101p 690 — L&kr 4) L,� 4 1 0o 06, 0 16 a ( dr f 317 I I 1, LZ 3 *Tlso6po- P�4er.Tr"v4qP_4D L#;4e_vgt0wc) a. 1: Ir to o 0 7000 1,117 a7O i5lo-7— Lt SCI 00 B ILDIN 5- C NDI 3 (Lqll:2z-q &4- it,i A/ C.,- NEW NORMAL BELOW ABOVE / /* Form Acre Value Per Acre Value Tillable I 34>(,4, 2 73 - Tillable 2 Tillable 3 Wcodland Swampland Brushland House Plot �� � �t✓; r+ ;� �, �.�,��, � s , i iM�-'�1'' ` tti. �� k�, ��,�. SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FOR BULKHEAD SETBACK, ACESSORY POOL CABANA,SIDE YARD AND STORAGE/DECK O'FROM BULKHEAD FOR ALEXANDER KOFINAS, AS TRUSTEE (1000-110-7-4) Bulkhead less than 75 feet 1. ZBA File: 3582 Approval to construct in -ground pool less than the required 75 feet from the high water mark (40.0 feet) 2. ZBA File: 6510 Approval for additions and alterations less than 75 feet from the bulkhead (50 feet) 3. ZBA File: 5555 Approval for additions demolition and construction of new dwelling less than 75 feet from bulkhead (48.11 feet) .4. ZBA File: 5932 Approval for construction of deck less that 75 feet from bulkhead (62 feet) 5. ZBA File: 6718 Approval for demolition and construction of single family dwelling less than 75 feet from bulkhead (54 feet) 6. ZBA File: 6653 Approval of addition and alteration to a single family dwelling less than the required 75 feet from bulkhead (45 feet) Accessory Buildina in other that Rear Yard/ Front Yard if Waterfront 7. ZBA file: 3225 Approval allowing retention of "as built " garage in area other than required rear yard 8. ZBA file: 4955 Approval of accessory playhouse structure with attached deck in the side yard. 9. ZBA file: 4224 Approval of inground pool, deck, pool house not located in the required rear/front yards. 110" Bulkhead Setback 10. ZBA file: 3642 Approval of construction of boat -storage structure (12'x24') with open deck (12'x12')at foot of bluff, landward of existing bulkhead. 11. ZBA file: 3394 Approval of construction of 12'x 16' accessory building along upper bulkhead. 12. ZBA file: 6472 Approval of construction of boardwalk/deck (200 sq.ft.) with built in bench at 1.6 feet from bulkhead. Southold Town Board of Appeals MAIN ROAD - STATE "ROAD 25 SDUTHQLD, L,I„ N.Y. 11971 TELEPHONE (518) 785-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3582 Application Dated November 19, 1986 TO: Mr. and Mrs. Larry Stahl [Appellant(s)) 1435 West Road Cutchogue, NY 11935 Mr. Arthur Siemerling as Agent At a Meeting of the Zoning Board of Appeals held on May 11, 1987, the above appeal was considered, and the action indicated below was taken on your ( l Request for Variance Due _to_Lack of Access to Property New York Town Law, Section 280-a ( l Request for Special Exception under the Zoning Ordinance Article , Section [Xl Request for Variance to the Zoning Ordinance Article XI, Section 100-119.2(B) I l Request for Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2, for permission to construct swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands, or tidal water, whichever is greater, at 1435 West Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-26. WHEREAS, a public hearing was held and concluded on April 23, 1987 in the Matter of the Application of LARRY AND SANDRA STAHL under Appeal No. 3582; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2(6) for permission to construct an inground pool of a size 20' by 40', open deck areas, and fence enclosure with an insufficient setback (at its closest point) to the highwater mark at 32 feet. The setback of the pool is shown to be not less than 36 feet from the ordinary highwater mark. 2. The premises in question is located along the south side of West Road, Cutchogue, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 110, Block 7, Lot 26, and contains a total area of one acre. 3. The subject premises is located in the "A-40" Residential and Agricultural Zoning District and is improved with a single- family, two-story framed dwelling with porch areas, having a setback of 34± feet from the ordinary highwater mark as shown by survey prepared November 25, 1980 by Roderick VanTuyl, P.C. DATED: May 15, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3582 Matter of LARRY AND SANDRA STAHL Decision Rendered May 11, 198 4. The site in question is devoid of vegetative cover along the water side and is adjacent to Wickham Creek. Soils on the site are mapped as filled land, dredged material. This soil con- sists mainly of coarse sands with gravel and shell fragments. Slopes on the site are flat; however, along the creek there is a short steep slope of approximately a 1.5 feet horizontal to 1 foot vertical, which extends from slightly above the highwater line, up to the yard elevation. The proposed pool would be approximately 12 feet away from the top of this slope. Along the toe of the slope there is a wooden fence-like structure (or rip-rap type) with horizontal planks. The lowest plank is partially buried about 4-5 inches deep on the creek side. Under storm conditions and/or during Spring tides, scouring may be caused along the lowest plank and would undermine i.t, possibly jeopardizing the stabil..ity of the slope. 5. It is the opinion of this Board that an alternative and very similar location in the rearyard with a setback of not closer than 40 feet to the wooden (rip -rap type) structure, or retaining wall, or the ordinary highwater mark, whichever is closer, is more feasible under the above circumstances. The deck areas between the house and pool can be reduced is size without difficulty, or in the alternative, a smaller ...................................... pool can be considered. 6. It is noted for the record that by Building Permit #10587Z, the existing dwelling was constructed, and accordingly, the difficulties are self-imposed. 7. In considering this appeal, the board also finds and determines: (a) the relief requested is substantial in relation to the requirements, being a variance of 57 percent; (b) the relief as requested is not the minimal necessary; (c) the difficulties claimed are sufficient to warrant the granting of alternative relief, as noted below; (d) there is another method feasible for appellants to pursue other than a variance; (e) the circumstances of the property are unique; (f) the granting of this alternative relief is within the spirit of the zoning ordinance and criteria set by the Courts; (g) the difficulties claimed are self-imposed, particularly to the location of the dwelling with a setback from the front (road) property line at more than 100 feet; (h) in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice would be served by granting the alternative relief, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section 100-119.2 for permission to construct pool, deck areas, and fence enclosure, in the Matter of the Page 3 - Appeal No. 3582 Matter of LARRY AND SANDRA STAHL Decision Rendered May 11, 1987 Application of LARRY AND SANDRA STAHL, under Appeal No. 3582, SUBJECT TO THE FOLLOWING CONZTTTl]IK_. 1. No construction closer than 40 feet to the existing retaining wall, or ordinary highwater mark, whichever is closer; 2. Placement of railroad ties or similar material approved at a minimum depth of three feet below grade along the south and east sides (facing water); 3. No runoff or discharge of pool waters into waterway and Cove areas; 4. No overhead or obstrusive lighting (lights to be shielded to the ground); 5. Minimum setbacks on all other property lines as required by Code (particularly the southeast property line). [Column A-40 of the Zoning Code presently requires a minimum of 15 feet in one sideyard, minimum of 20 feet in the other sideyard..] Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki (Members Doyen and Douglass were absent.) This resolu- tion was duly adopted. 1 k GERARDO R E, KI M N May 15 , 1987 RECEIVED ; : tD ri, =D BY THE`S /-.. .jv:. .. CLMK DATE _ . HOUR Town Clark, Town of Southold BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 RECEIVED 2 E 2011 FINDINGS, DELIBERATIONS AND DETERMINATION w. MEETING OF NOVEMBER 17, 2011 Southol own Clerk ZBA FILE: #6510 NAME OF APPLICANT: Michael and Corrine Slade PROPERTY LOCATION: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000-110-7-26 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 14, 2011 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: 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' October 26, 2011, based upon the recommendation, as well as the records available to us, it is the Board's determination that the proposed action is CONSISTENT with the LWRP, provided best management practices are followed. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a 2 '/2 story frame house with attached decks and accessory in -ground swimming pool and shed. It has 304.35 feet of frontage on West Road, 220.00 on the eastern property line, 89.47 feet along the southwestern property line, 348.61 feet along the westerly property line and Wickham Creek and 107.69 on Wickham Creek (northern property line), as shown on the survey prepared by Peconic Surveyors dated April 19, 2011. BASIS OF APPLICATION: Request for Variance from Code Article XXIII Section 280-124 and Article XXII section 280-116 and the Building Inspector's August 11, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required setback of 75 feet from a bulkhead. RELIEF REQUESTED: The applicant is proposing to construct additions and alterations requesting a rear yard setback of 42.5 feet where the code requires 50 feet and a bulkhead setback of 50 feet where the requires 75 feet. ADDITIONAL INFORMATION: At the public hearing, the applicant's agent submitted a Town of Southold Trustees approval and NYS DEC letter of non jurisdiction. Subject property received a prior Zoning Board grant #3582 in 1986 for the existing in -ground swimming pool. Page 2 of 3 — November 17, 2011 ZBA File#6510 - Slade CTM: 1000-110-7-26 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application November 3, 2011, 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 Sec.267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The existing house has been in its location since 1980, it is similar to other homes in the area, including the setbacks. The proposed additions and alterations are in keeping with the size of other dwellings in the neighborhood, and the seaward living space addition will not be visible from the street. 2. Town Law 4267-b(3)(b)Q. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling is situated within the 75 foot bulkhead setback and any addition to the waterside of the dwelling will require a variance. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are not substantial based upon the existing location of the dwelling and in -ground swimming pool. In 1986, the swimming pool was granted a variance of 40 feet from the ordinary high water mark, there was no bulk heading at that time. The rear yard setback represents a 14.8% variance relief. The bulkhead setback represents a 33% variance relief and is substantial, however, it mitigated by the existing swimming pool installed prior to the bulkhead and is now located 30 feet +/- from the bulkhead. 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. All rainwater runoff will be retained on site with the. use of underground drywells and the sanitary system for the residence meets the Suffolk County Dept. of Health Services standards for sanitary waste water. 5. Town Law §267-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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to this dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the plans prepared by Samuels & Steelman, labeled as site plan (SP), first floor plan (1), elevations (2) and elevations (3) dated August 2, 2011, subject to the following conditions: Conditions: I . A five (5) foot wide landscaped buffer, incorporating existing vegetation landward from the edge of the wetland adjacent to the residential structure. 2. A pool de -watering dry well be installed and shown on survey/site plan. 3. The existing 8.2'X12.3' shed on the eastern property line, shown on the survey by Peconic Surveyors dated April 19, 2011, must be moved to a conforming location. 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. Page 3 of 3 — November 17, 2011 7,BA File#6510 - Slade CTM: 1000-110-7-26 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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, Dinizio, Schneider, (Absent was: Member Horning) This Resolution was duly adopted (4-0). . ('Ll LV4 Leslie Kanes eisman,hai son Approved for filing /i //Y /2011 FF APPEALS BOARD MEMBERS �p O Ruth D. Oliva, Chairwoman Gerard P. Goehringer s Lydia A. Tortora _ Vincent Orlando James Dinizio, Jr. �Ol �► http:JJsoutholdtown.no rthfork. net BOARD OF APPEALS TOWN OF SOUTHOLD C1 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel, (631) 765-1809 Fax (631) 765-9064 RECEIVED NOV 3 0 2004 Corrected 11/23/04 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7, 2004 Sout ld19- kC "Ie rk ZBA File No. 5555 - R. TAPP and N. ELLIS Property Location: 275 West Road, Cutchogue; CTM 110-7-11.1. 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 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 20,925 sq. ft. lot has 74.96 ft. frontage with 278.04 feet in depth to the high water line along Cutchogue Harbor, which extends beyond the bulkhead (the bulkhead runs along the 4 ft. topographical contour line). The property is improved with a one-story frame house and garage and a two-story frame house with porch, as shown on the December 22, 1998 survey, updated December 17, 2003, prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's May 24, 2004 .Notice of Disapproval, amended August 2, 2004, citing Code Sections 100-31A, 100-239.46 and 241A & C in Its denial of a building permit application concerning a new, second dwelling with increased size, after removal of the existing nonconforming cottage on this 20,925 sq. ft. lot, and with setbacks less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: Applicants request a variance to construct a new single-family cottage, after demolishing the existing cottage, in the existing nonconforming location which is less than 75 feet from the bulkhead. In addition, the use of a second building on a lot as a dwelling is nonconforming because only one dwelling is permitted per lot. ADDITIONAL INFORMATION: The Building Department issued a July 5, 1978 Certificate of Occupancy concerning two cottages. The July 3, 1978 Housing Inspection Report notes the cottage to be constructed as the "southerly" building containing a kitchen, dining room, living room, and three bedrooms. Page 2 - October 7, 2004 i ZBA File 5554 - R. Tapp and N. E1110 CTM Parcel 110-7-11.1 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of -alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The purpose of the reconstruction of the existing seasonal cottage is to continue its single-family occupancy in a new building containing a maximum living area of 986 sq. ft., plus 262 sq. ft. for an unheated screened porch. The alternative relief requires a minimum 48 feet to the bulkhead (63'11" = 25 feet minimum from the top of the upper bank, plus 38'11" from the bulkhead), instead of 53'11" as requested. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance to maintain and construct a new seasonal cottage. The existing 792 sq. ft. building will be demolished, and the cottage will be rebuilt to conform with the New York State Construction Code for legal ceiling height, required safety access with new stairs, replacing heating and electrical connections that may be fire hazards. The building is proposed to conform with the code required front, side and rear yard setbacks, and increasing the easterly side setback from 127 to a minimum of 151". The westerly side setback will be a minimum of 23'10' minimum to a screened porch. The rear yard setback will be a minimum of 78'6" to the tie line along apparent high water. 3. The relief requested for a 38'11" setback to the bulkhead is substantial, representing a 51% variance. The alternative relief granted herein will provide a greater setback at 48'11" to the bulkhead, representing a lesser variance at 65.33% of the code -required 75 feet. 4. The difficulty was self-created. It has been known for many years that the existing cottage is only one foot from the top of the bank and has remained in a nonconforming location. 5. No evidence has been submitted to suggest that a variance in this community of single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family cottage, replacing the existing cottage, 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 Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to DENY the variance as applied for, and to GRANT alternative relief, as noted below: Paps 3 —October T, 2004 ZBA Re 5554 — It Tapp and N. Elli CTM Parcel 110-7-11.1 1. After demolition of the existing cottage, the new cottage shall contain a maximum footprint for all building area of 1150 sq. ft., including porches, decks and other structures. 2. The height of the dwelling shall be not greater than that shown at 26'4" total height (or 22'8" mean height) shown on the schematic design dated 8/11/04, prepared by Samuels & Steelman, P.C. 3. The setback to the top of the bank shall be not less than 25 feet. 4. The setback to the lower bulkhead shall be not less than 48'11" (38'11" + 10'). This action does not authorize or condone any current or future use,.setback or other feature e of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva Chairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5 -or � L. Ruth D. Oliva, Chairwoman 11/g/04,11/23/04 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net •Mailing Address: Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 14, 2006 ZB File No. 5932 - THOMAS CAVANAGH Property Location: 600 Little Peconic Bay Road, Cutchogue CTM 111-14-13 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the'State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 29,643 square feet in area with 94.52 feet along Little Peconic Bay Road in Cutchogue. The property is improved with a 1-1/2 story, single-family dwelling with accessory garage and accessory shed, shown on the February 15, 2006 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Zoning Code Section 280-116 (formerly 100-239.4), based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning a proposed deck addition to the dwelling which will be less than the minimum 75 feet from the existing wood bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting a variance for a proposed deck at 62 feet measured from the bulkhead in the most southeasterly yard, as shown on the February 15, 2006 site survey, amended April 25, 2006 by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property is 233.95 feet in depth measured from the street to the bulkhead along Wunneweta Pond. An open, unroofed deck is proposed at the rear of the dwelling, of which only a 13 feet section is nonconforming, resulting in a 62 ft. setback instead of the code -required 75 feet minimum to the bulkhead. The bulkhead runs in I Page 2 — September 14, 2006 . kB File No. 5932 — Thomas Cavanagh CTM No. 111-14-13 an east -west direction for 97.33 feet, however the 44.85 ft. tie line section runs north -south along a stone wall and steps adjacent to the pond. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variance granted herein is substantial. Although the reduction is substantial for 13 feet, the portion requested in this variance amounts to approximately 50 square feet of structural area, which is minor in nature. 4. The difficulty has been self-created, having knowledge of the site elements and designed construction. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief 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. RESQLUTION 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 Weisman, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, shown on the February 15, 2006 site survey, amended April 25, 2006 by Peconic Surveyors, P.C., subject to the condition that the deck shall be 'open to the sky.' Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Hoard 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 Oliva (Chairwoman), Goehringer and Weisman. (Absent were: Member Dinizio and Member Simon is solution was duly adopted (3-0). `l.7 Mit Ruth D. Oliva 10/.26/06 Approved for Filing BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth 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 RECEIVED B 2 5� Sout old Town Gerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20, 2014 ZBA FILE # 6718 NAME OF APPLICANT: Nicholas and Barbara Pallante SCTM 1000-111-14-30 PROPERTY LOCATION: 4302 Wunnewetta Road (adj. to Wunnewetta Pond) Cutchogue, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 31, 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 29, 2014. 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 an irregularly shaped conforming 50,504 sq. ft. lot with 46,203 sq. ft. of buildable area. It is improved with a 1 '/2 story dwelling located in an R-40 district. Access to the property is via a 16' wide right of way off of Wunneweta Road. The South, West, and part of the North sides of the property have 635.71 feet of frontage on Wunneweta Pond. Of this frontage 146.13 feet on the Northwest side of the property is bulk -headed. The remaining 489.58 feet of water frontage is bordered by tidal wetlands. The property runs 215.47 feet on the remaining part of the north property line. The remaining east side of the property runs 161.96 feet. This information is shown on a survey by Nathan Taft Corwin L.L.S. dated December 16, 2009 and last updated November 13, 2013. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116 and Article IV Code Section 280-18 based on an application for building permit and the Building Inspector's December 10, 2013 Notice of Disapproval concerning a permit for partial demolition and reconstruction of a single family dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum front yard setback of 50 feet. Page 2 of 3 - February 20, 2014 ZBAK6718 — Pallante SCPMN1000-111-14-30 RELIEF REQ ESTED: The applicant requests variances to renovate and expand a dwelling at about 54 feet from the bulkhead where the code requires a 75 foot setback, and to have a front yard setback of 31 feet where the code requires a 50 foot setback, once construction is complete. ADDITIONAL INFORMATION: The Zoning Board of Appeals has granted variances for front yard setbacks similar distances to the one the applicant is requesting in Suffolk County Tax Map Section 111. Also, the Zoning Board of Appeals has granted variances for relief for bulkhead setbacks similar to the distances the applicant is requesting in Suffolk County Tax Map Section 111. Further, at the hearing testimony was given that the 54 -foot bulkhead setback noted in the notice of disapproval is the bulkhead setback for a proposed outdoor shower. The bulkhead setback for the addition to the structure itself is +/- 59 feet. The applicant's agent testified that the outdoor shower's drain will be attached to a drywell. The applicant's agent also offered evidence that the applicant plans on installing a new septic system along with the additions and alterations. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 6, 2014 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 6267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of water front parcels with single-family dwellings and garages. The neighborhood also consists of lots with irregular shapes making it difficult for many structures in the neighborhood to conform to Town codes without variance relief. The property does not border a road and is accessed by a right of way. It will not be seen from any public road. The architectural front yard of the property borders a neighbor's property and the neighbor's dwelling is placed far from the property line. 2. Town Law 267- 3 2 . The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is on a peninsula and is surrounded by water. If the applicant moves the dwelling in any direction he will need a variance. The proposed additions and alterations require the least variance relief in order to allow the applicant to re -develop the property. The proposal also keeps the improvements in the flood zone X section of the property and away from lower elevations. 3. Town Law 5267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 28% relief from the code for the relief requested from the 75 foot bulkhead setback and 38% relief from the code from the required 50 foot front yard setback. The relief requested from the required bulkhead set back is mitigated because part of the relief requested is for an outdoor shower and the proposed structure is further back from the bulkhead than noted in the Notice of Disapproval. Variance relief for the front yard setback is mitigated because the property is accessed by a private right of way and the property is not visible from a public road. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders, gutters, and drywells for storm water runoff and for the proposed outdoor shower. 5. Town Law 4267-6(3)(6)(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. Page 3 of 3 - February 20, 2014 ZBAN6718 — Pallante S('TM# 1000-111-14-30 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an outdoor shower, garage, and a 2 story dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,_ motion was offered by Member Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural plans by Mark K. Schwartz, Architect labeled A-1-6 dated November 18, 2013 and sheet A-5 dated December 31, 2013 and the site plan prepared by Nathan Taft Corwin L.L.S. dated December 16, 2009 and last updated November 13, 2013. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require anew 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), Schneider, Dantes, Horning. Absent: Member Goehringer. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Cha' person Approved for filing QS /2014 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider http://southoldtown,noilhfork.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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2013 RECEIVE 4- 2013 41g3Jl i q 26 So�thoafr� 7 own Clerk ZBA FILE: 6653 NAME OF APPLICANT: Arthur Skelskie and Nan Molofsky SCTM 1000-111-14-36.8 PROPERTY LOCATION: 510 Bayberry Road, (adj. to Wunneweta Pond) Cutchogue, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated 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 Applicants' property is an irregularly shaped, conforming 104,910 sq. 11. parcel, with 76,199 sq. ft. of buildable upland area, located in the R-40 Zone. The northerly lot line measures 172.22 ft. The easterly lot line measures 184.11 ft along Bayberry Road; and the southerly lot line measures 301.92 ft. The westerly lot line consists of an irregularly shaped peninsula comprised of some upland and some tidal wetlands that extends into Wunneweta Pond. The property is improved with a single family dwelling, as shown, including the proposed areas of new additions and alterations, on the survey drawn by Nathan Taft Corwin III, Land Surveyor, last revision dated April 2, 2013. BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116 (B) and Article IV, Section 280-18 and the Building Inspector's April 3, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required rear yard setback of 50 feet. RELIEF REQUESTED: The applicant requests a variance for a nonconforming 45 foot bulkhead setback, where Code requires a 75 foot setback. The applicant requests a second variance for a nonconforming 45 foot rear yard setback, where Code requires a 50 foot setback. Page 2 of 3 — June 20, 2013 ZBA#6653 — Skelskic/Molofsky SCTM# 1000-1 It - 14-36.8 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 the variances will not produce. an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicants have a large, conforming size parcel in the R- 40 Zone. Total lot coverage, based up calculation of the buildable upland area, is proposed at 4.97%. Most of the construction will be done within the existing building footprint. Alterations and additions to single-family dwellings are common and customary in a residential zone. The subject property is screened from view by adjacent neighbors by mature evergreens privacy screening. 2. Town Law &267-b(3)(b)(2). The benefit -sought by the Applicants_ cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The pre-existing single-family dwelling has over -lapping non -conforming bulkhead and rear yard setbacks, and the proposed alterations and additions cannot be constructed without the granting of variances. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a 45 feet bulkhead setback is mathematically substantial, representing 40% relief from the code required 75 feet. However, this distance is measured to the Applicants' nearest corner of the pre-existing attached garage, which was built, along with the single family dwelling, in the 1920's. All proposed new construction will have greater setbacks, with the exception of a proposed outdoor shower that will have a setback of no less than 46 feet. The variance granted herein for a 45 feet rear yard setback is not mathematically substantial, representing 10% relief from the code required 50 feet, and reflects the minimum setback to a corner of the pre-existing garage. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicants must comply with Chapter 236 of the Town's Storm Water Management Code. The Applicants will construct a new septic system, and build drywells to accommodate all storm water roof runoff, and the discharge from the outdoor shower, and they will remove a paved driveway and replace it with one made with pervious stone materials, complete with grates and other drywells built into the new driveway. The Applicants will connect with public water, and abandon an existing on site well. A 10 feet non -turf buffer will be installed adjacent to, and extending from the area containing the 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 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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and new additions to the existing single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last revision dated April 2, 2013, and the architectural drawings by Mark K. Schwartz, AIA labeled Skelskie House Additions and Alterations, sheets A -(through A-12 dated April 4, 2013. Page 3 of 3 — June 20, 2013 7-BAfl6653 — Skelskie/Molofsky SCTMk 1000-111-14-36.8 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 varionce(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. - Resolution was duly Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This lopted (5-0). t Leslie Kanes WeismYn, Chai erson Approved for filing 6 /2 /2013 JV Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3235 Application Dated March 26, 1984 (Public Hearing May 17, 1984) TO: Richard F. Lark, Esq., as attorney [Appellant(s)) for GERTRUDE M. ALI Main Road, Box 973 Cutchogue, NY 11935, At a Meeting of the Zoning Board of Appeals held on May 31, 1984, 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 [ ) Request for Special Exception under the Zoning Ordinance Article __ _ _ _ .. Section [X1 Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ 1 Request for Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, - - Cutchogue, NY for a Variance to t e oning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018. The board made the following findings and determination: By this appeal, applicant seeks to retain the existing 20.1' by 22.4' wood -frame garage in its present location which is situated approximately 103 feet from the front property line and 1.8 feet from the westerly side line. Under the rules of the zoning ordinance, Article III, Section 100-32, accessory structures are required to be in the rearyard area. Technically, the present structure will be in the frontyard area, approximately 18 feet forward of a proposed new, one -family dwelling structure which would be set back from East Road approximately 151 feet and 50 feet from the top of the bank, 90 feet from the wood bulkhead. This garage was built in 1915 and was accessory to the "main house" before the subdivision was commenced. This garage is the sole structure on this parcel now. The premises in question contains an area of 42,708 sq. ft. and is known and identified as Lot No. 1 of Minor Subdivision of "Moebius Associates, Section Two at Cutchogue" approved by the Planning Board November 29, 1982. It is noted that Covenants and Restrictions are recorded at Liber 9317, page 396 in the Office of the Suffolk County Clerk requiring "...no residential structure be ...located within 50 feet of the top edge of the bank...." The board members are familiar with the property in question as well as the surrounding properties. All testimony has been carefully considered. In considering this appeal, the board also determines: (a) that the relief requested is not substantial; (b) that by granting the requested relief, the character of the neighborhood will not be adversely affected; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities (CONTINUED ON PAGE TWO) DATED: June 18, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3235 Matter of GERTRUDE M. ALI Decision Rendered May 31, 1984 of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3235, application for GERTRUDE M. ALI for permission to retain existing garage as exists in the frontyar area, as an accessory storage/garage use, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING'CONDITIONS: 1. This garage structure remain accessory for storage purposes (not for living or habitable sleeping quarters); 2. This matter be referred to the Suffolk County Department of Planning in accordance with Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of East Road, Cutchgoue, NY; -- County Tax Map Parcel No. 1000-110-07-018; Lot No. 1, Minor Subdivi- sion of "Moebius Associates, Section Two at Cutchgoue," New York. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolution was adopted by a unanimous vote of a quorum of the members present. P.EC,EIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE(/-2g4V HOUR 10:144.4 Town Clerk, Town of SoAold {RD�W� R R, f/_4 �__ R June 19, 1984 . V APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4955 — Anthony Mitarotondo PARCEL 1000-111-14-15 STREET & LOCALITY: 950 Little Peconic Bay Road, Cutchogue DATE OF PUBLIC HEARING: June 7, 2001. FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the south side of Little Peconic Bay Road in Cutchogue. The survey map (updated 3/16/01) shows this lot as 46,622 sq. ft. in size, with 198+- feet along Little Peconic Bay Road (along a tie line) and 178.25 feet along a private 15' wide path. This lot is referred to #239, 240, and part of 241 on the Map of Nassau Point, Amended Map A and is improved with a one and two story frame house with garage under, roofed porch, and accessory patio, all as shown on the survey last dated March 16, 2001, prepared by Joseph A. ingegno, L.S. BASIS OF APPEAL: Building Inspector's March 23, 2001 Disapproval which reads that the building permit to move an existing accessory playhouse structure is disapproved under Article III, Section 100-33 for the reason that it is proposed within the side yard, rather than the required rear yard. AREA VARIANCE RELIEF REQUESTED: The applicant requests an area variance to locate an accessory 210 sq. ft. playhouse structure with attached deck in the side yard area as shown on the survey updated March 16, 2001, with setbacks proposed at 49 feet from the easterly property line and 34+- feet from the area labeled "footpath." REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The applicant wishes to relocate a small 210 sq. ft. playhouse with attached deck from the rear yard to the northeast side on this large waterfront property consisting of 1.07 acre. The new location will provide ample screening for the playhouse from view from Little Peconic Bay Road and would be 34 feet at its closest point from a 'footpath' and 49 feet from the east property line. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of environmental constraints and because the proposed location is the most beneficial to the applicants and the neighborhood. 3. The area variance is not substantial. 4age.2 ti June 7, 2001 Appl. No. 4955 — Anthony Mderotondo 1000-111-14-15 at Nassau Point 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest the new location of the playhouse will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new accessory playhouse structure with deck, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Homing, it was RESOLVED, to GRANT the variance, as applied for. - - VOTE OF THE BOARD: AYES: Members Goehrier (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (;rt /I P. GOEHRINGER, CHAI PECE,iVED AND FILED BY n t�i7 i- , f J iC'•�� t • APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 App l . No. 4224. i }`�'�ggvfFOt,YcoG� BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Boa 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of THOMAS AND ROBY GLUCKMAN. This is an application, with amendments, concerning property known as 1350 West Cove Road, Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-2, requesting: a) a variance based upon the Building I-nspector's February 23, 1994 Notice of Disapproval concerning a building ....................... ....... . permit application to alter an existing garage with attached guest unit, which will include an expansion of the guest unit by more than 50 percent of its present size; ref. Article XXIV, Section 100-241 of the Zoning Code; and b) a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, which will not be located in the required rear yard or required front yard; ref. Article III, Section 100-33 and Section 100-33C of the Zoning Code; and c) a variance based upon the Building Inspector's March 14, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXIII, Section 100-239.413 of the Zoning Code. WHEREAS, a public hearing was held on April 6, 1994, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 42 Matter of•THOMAS AND14BY GLUCKMAN Decision Rendered May 4, 1994 1. AREA VARIANCE. This is an application based upon the following Notice of Disapproval from the Building Inspector: February 23, 1994, March 4, 1994, and March 14, 1994. 2. CODE REQUIREMENTS. (1) Article XXIII, Section 100-239.46-1 of the Zoning Code requires all buildings and structureslocated on lots upon which there exists a bulkhead to be set back not less than seventy-five {75} feet from the edge of the bulkhead; (2) Article 111, Section 100-33, requires accessory buildings and structures to be located in the rear yard, or in the case of a waterfront parcel, in the front yard; (3) Article XXIV, Section 100-241 of the Zoning Code limits an expansion of a nonconforming building or use. ............................... 3. PROPERTY DATA. The premises in question is situated on the corner of West Cove Road (a/k/a Northwest Loop) and Vanston Road, Nassau Point, Cutchogue. This parcel contains a total lot area of 4.2+- acres and is presently improved with a one-story house, raised, and an accessory garage building in the front yard area, all as shown on the survey prepared September 13, 1993 by Roderick VanTuyl, P.0 . The property has variable contours in areas close to the existing house, which lend to the limitations for building in reasonable locations while meeting all other zoning code requirements. 4. PROPOSAL. One of the proposals in this application is a request to locate an inground swimming pool at 60 feet from the edge of the ordinary highwater mark, and with pool house/shed structure in the northerly side yard (all within a full fence enclosure.) Second, the accessory garage is proposed to be altered to expand "sleeping quarters" from the northwesterly end of the garage, throughout the entire existing garage. The "sleeping quarters" which is shown to exist is labeled on the September 13, 1994 survey as "apt" and "pch", although it is not and has never been an apartment. (Apparently, the survey was mislabeled and should have depicted "sleeping or cot area" rather than "apt." 5. INSPECTION(S) AND RESEARCH DATA. (a) An inspection of the site reveals that the house is presently set back approximately 110 feet from the existing bulkhead and 30 feet from the southerly property line at its closest points. The accessory garage is located in the front yard approximately 220 feet from the bulkhead and centered between property lines. The square footage of the garage area Page 3 - Appl. No. 422 • Matter of THOMAS AND *BY GLUCKMAN Decision Rendered May 4, 1994 proposed for "sleeping quarters for members of the owners' family" on the premises is 48 ft. by 26 ft. - the same size as exists at present as a garage. (b) Regrading and new landscaped areas must be done to keep surface water runoff directed away from the bulkhead and Horseshoe Cove, and measures will need to be taken to either truck the pool water off site, or properly install dryweil drains. (c) Preexisting Certificate of Occupancy No. Z-22620, as corrected and dated February 23, 1994, shows occupancy for a 'one family dwelling with attached "shed" (generator cover),' accessory deck "landing" and pumphouse". Certificate of Occupancy No. Z-3129 dated June 26, 1968 shows occupancy for a private garage (accessory building). Certificate of Occupancy No. Z-3999 dated September 28, 1970 shows occupancy for an addition to the private one family dwelling, referred to as House No. 1350 West Cove Road and 2260 Vanston Road which addition was built under Building Permit No. 4732Z dated May 5, 1970. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Prior to issuance of a building permit for the swimmingpool, an application or other written request is expected to be necessary with the Office of the Town Trustees confirming their action under.this project under the Town Wetland Ordinance (Ch. 97). 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief requested and more particularly shown on the September 13, 1993 survey that: (a) the setback at 60 feet is substantial in relation to the requirements, that is, 20 percent of the requirement; (b) the grant of the entire relief will, in turn set a precedent, and will alter the essential character of the neighborhood; (c) there is an alternative for appellants to pursue with a greater setback at 65 feet from the bulkhead. NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested for the inground swimmingpool at 60 feet, or less from the bulkhead, and be it FURTHER Page 4 - Appl. No. 42 Matter of-- THOMAS AND BY GLUCKMAN Decision Rendered May 4, 1994 RESOLVED, to GRANT alternative relief for the inground swimmingpool at 65 feet from the bulkhead at its closest point, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool area be open to the sky, without a building enclosure; and 2. That there be no lighting that would be adverse to neighboring areas; 3. That the fence be placed as required by the Building Inspector for safety purposes; 4. That there be no other land disturbance to or close to the bulkhead or nearby areas within 75 feet thereof, and that hay bales shall be temporarily placed north of the area under construction_wh.ile. construction activities are pending; and be it FURTHER RESOLVED, to GRANT a variance for conversion of the existing accessory garage building for sleeping quarters for family members only, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no expansion in the existing floor area of the building -- remaining at the present size of 26 ft. by 48 ft. 2. That in the event of a future proposal to subdivide, the owners, their heirs, successors and assigns, and/or subsequent owners, must reapply to the Board of Appeals for continuation of the use of the garage as family sleeping quarters accessory to the existing residence and for an appropriate amount of land area and location of lot lines with appropriate setbacks to be applied for this proposed use (which would then be a modification to less than the 4.2+- acres and altered setback lines); 3. That the accessory garage building to be converted shall not be rented or leased; 4. That the use shall remain accessory to the main dwelling and riot a separate use; 5. That the accessory building shall be permitted to be used for sleeping purposes for family members; 6. That there shall not be any kitchen or cooking facilities; 7. That there be no further expansion without additional Page 5 - Appl. No. 4224 i Matter of THOMAS AND RRY GLUCKMAN Decision Rendered May 4, 1994 Board of Appeals approval. Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer and Villa, except that Member Villa is opposed to the pool location. This resolution was duly adopted. GERARD P. GOEHRIER, C IRMAN ` SOUTHOLD TOWN BOARD OF APPEALS _ Mada CiL • �. r1i Town Board of Appeals Southold �'i�►,j, ��� MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE 1516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3642 Application Dated June 15, 1987 TO: Mr. Garrett A. Strang, R.A. [Appellant(s)] as Agent for DINA MASSO Main Road, Box4T 12 Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on August 20, 1987, 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 { ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 [ ] Request for Application-for-DINA-MASSO-for a Variance to the -Zoning Ordinance, - Article XI, Section 10 - 9.2 to construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of DINA MASSO under Appl. No. 3642; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests a Variance from Article XI, Section 100-119.2 of the Zoning Code for permission to construct accessory boat -storage structure at the foot of the bluff, landward of existing bulkhead, and to construct new stairway with landings in the adjacent area of the existing stairs, which will be removed, all as shown on plan drawn May 5, 1987, prepared by Garrett A. Strang, Architect. 2. The premises in question is known and referred to as Lot No. 39, "Amended Map A of Nassau Point," filed August 16, 1922, File No. 156. The subject premises consists of an area of 34,508 sq. ft. with frontage along the east side of Nassau Point Road of 100.48 feet, and is improved with an existing one-story, single- family dwelling set back 39± feet from the top of bluff, 10 feet from the southerly side property line, 16± feet from the northerly side property line, and 154.5 feet from the front property line. (CONTINUED ON PAGE TWO) DATED: August 20, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3642 Matter of DINA MASSO Decision Ren ere ugust 20, 1987 3. The accessory boat -storage structure is proposed to be 12' by 24' withl2 ft. open deck (for an overall length of 36 feet), to be placed along the edge of the bulkhead, on concrete tubings and C.C.A. treated posts into the ground three feet. The platform construction proposed at the top of the bluff is to be not larger than 10' by 15'. The stairs construction is proposed to extend from the top of the bluff (platform) down the bluff, with four landings, replacing the existing stairs immediately adjacent (to the north). 4. Article XI, Section 100-119.2 requires all buildin s and structures to be set back not less than seventy-five (75� feet from a tidal water body, tidal wetland edge, or fresh- water wetland. 5. Article III, Section 100-31 permits the establishment of an accessory use for storage purposes, and this application indicates such accessory use will be incidental and accessory to the residential use of the premises and not operated for gainful purposes, or habitable purposes, and will be used exclusively for storage of the owner's boat and similar articles. 6. In considering this appeal, the Board finds and determines: (a) the relief requested is substantial in relation to the requirements; however, 'the type of construction of the proposed structures and uniqueness of the property's elevations above mean sea level lend to the granting of the relief as noted below; (b) the difficulties claimed are sufficient to warrant a granting of the variance applied,, with restrictions as noted below; (c) the difficulties claimed are sufficient to warrant a granting of.a variance; (d) there is no other method feasible for appel- lant to pursue for the purposes stated in this application; (e) in view of the manner in which the difficulties arose and in considering.. all the above factors, the interests of justice will be served :by granting the variance, as con- ditionally noted below. Accordingly, on motion by Mr_ Goehringer, seconded by Messrs. Douglass. -and Sawicki, it was - RESOLVED , as_ RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section. T6_f-119.2 in the Matter of- the Application for DINA MASSO under Appl, No. 3642, for a new accessory boat -storage structure,_stairs and upper platform more parti- cularly depicted on Site PIan prepared by Garrett A. Strang,. R.A. drawn May 5, 1987, a0d SUBJECT TO THE FOLLOWING CONDITIONS: 1. Foundation of boat -storage structure to be of spile Page 3 - Appl. No. 3642 Matter of DINA MASSO Decision Rendered August 20, 1987 construction and self-supporting (not to be connected with existing bulkhead or existing spiles), to be a minimum of three feet back from the existing bulkhead, and to be con- structed in a fashion as not to cause erosion, raising if necessary; 2. Wood deck to be self-sustaining, also with spile construction in the ground and not anchored to bulkhead in any manner; 3. Stairs construction to be safe at all times and constructed in a manner as to aid in the prevention of erosion; 4. Plantings under and around new construction as recommended by the Suffolk County Soil and Water Conservation District; 5. Boat -storage structure shall be free of plumbing facilities. No cabana or similar uses, no sleeping or habitable facilities; 6. All lighting at ground level and shielded to the property. 7. Existing posts (of construction to be removed) shall be cut at ground level, and without excavation. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. GERARD P. GOEHRINGER, MAIRMAN Septembgr 1, 1987 RECEIVED AND FILET• BY THE SOUTHOLD TOWI4 Ci;:�_ . DATE y1a �s-� HOUR Town Clerk Town of Southold d Town Board of Appeals STATE ROAD 25 SOUTHOLD. L.L. N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3394 Application Dated August 16, 1985 TO: Mr. Steven Eggers 6675 Nassau Point Road Cutchogue, NY 11935 TELEPHONE (516) 765-1809 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on October 3, 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 [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI, Section 100-119.2(B) [ ] Request for Application of STEVEN EGGERS, 6675 Nassau Point Road, Cutchogue, NY for a Variance to the zoning Ordinance, Article X1, Section 100-119.2(8) for permission to construct bath -storage structure with an insufficient setback from the landward edge of tidal wetlands (or ordinary highwater mark), at 6675 Nassau Point Road, Cutchogue, NY; Nassau Point Filed Map No. 156, Lot 48; County Tax Map District 1000, Section 111, Block 15, Lot 7. WHEREAS, a public hearing was held and concluded on September 12, 1985, in the Matter of the Application of STEVEN EGGERS, Appeal No. 3394; 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. By this application, appellant requests permission to locate a 12' by 16' accessory storage building which will be used incidental to the residential use of the premises for storage of outdoor beach, boating, fishing and similar items. 2. The accessory building is proposed to be located a minimum of 25 feet from the northerly property line and along the upper bulkhead, which is at an elevation of 50 feet or more above mean sea level and is shown to be approximately 14 feet landward from the lower bulkhead, upon which existed previously a 15' by 15' storage structure. 3. The parcel in question is located in the A-40 Residential and Agricultural Zoning District, contains an area of 41,500 sq. ft. (CONTINUED ON PAGE TWO) DATED: October 15, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3394 Matter of STEVEN EGGERS Decision Rendered October 3, 1985 and is known as Lot No. 48 on the "Amended Map A, Nassau Point Club Properties, Inc.," identified on the Suffolk County Tax Maps as District 1000, Section 111, Block 15, Lot 7. 4. Existing upon the premises are a 11 -story frame house accessory swimmingpool, and accessory garage, all as shown on survey amended June 22, 1984, prepared by Roderick VanTuyl, P.C. 5. Article XI, Section 100-119.2(6) of the Zoning Ordinance restricts structures proposed on lots adjacent to tidal water bodies to be set back not less than 75 feet from the ordinary highwater mark of such tidal water body, or not less than 75 feet from the landward edge of the tidal wetland, whichever is greater. 6. It is the opinion of the board that the building loca- tion proposed is not unreasonable, particularly since there are bulkheads seaward of this proposed location and since the eleva- tion is more than 50 feet above mean sea leve.l._ In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial under the circumstances; (b) that by allowing the variance as condition- ally noted below, there will not be a substantial change in the character of the district; (c) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed busi-ness use and its location; (d) that the circumstances are unique; (e) that the interests of justice will be served by allowing the variance as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that permission to locate a 12' by 16' accessory storage building BE AND HEREBY IS APPROVED in the Matter of ADDeal No. 3394. in the ADDlication of STEVEN EGGERS SUBJ T TO 1. That the accessory structure only be used for storage and not contain any plumbing or extensive electrical facilities; 2. That the accessory structure be a minimum of three (3') feet from the upper bulkhead shown on the survey amended June 22, 1984, prepared by Roderick VanTuyl, P.C. and minimumber of 25' from the northerly property line; 3. There be no lighting which will be adverse to other properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLF Z DATE(e- /s f" HOUR .�. oo t'.n Town October 15, 1985. 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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 RECEIVE) TOWN OF SOUTHOLD d. I Tel. (631) 765-1809 - Fax (631) 765-9064 JUL 13 FINDINGS, DELIBERATIONS AND DETERMINATIONC�/�7' MEETING OF JULY 7, 2011[ Southold Town Clerk ZBA FILE: 6472 NAME OF APPLICANT: Jane Weiland SCTM #1000-111-13-11 PROPERTY LOCATION: 6485 Nassau Point Rd. (adj. to Little Peconic Bay), Cutchogue, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 20, 2011 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: A Letter dated May 27, 2011 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. PROPERTY FACTS/DESCRIPTION- Subject property is improved with a two story dwelling and an accessory garage. It contains 47, 516 sq. ft. with 190.33 feet of frontage on Nassau Point Road, 291.03 feet along East Club Road, 141.28 feet on Little Peconic Bay and 305.00 feet on the north property line as shown on the Project plan and section prepared by Hideaki Ariizumi, Architect dated 5/7/2011. BASIS OF APPLICATION: Request for Variance under Section 280-116, based on the Building Inspector's April 5, 2011, Amended April 12, 2011 Notice of Disapproval concerning an application to construct an accessory deck and shed, which proposed construction will be: 1) less than the code required setback of 75 feet from the bulkhead. RELIEF REQUESTED: The applicant proposes to construct a 326 square foot deck with a shed at 0' setback from the existing bulkhead. AMENDED APPLICATION: The applicant amended the application prior to this Boards scheduled Public Hearing. The application amendments reflect and comply with the requirements set forth in the "Board of Southold Town Trustees" permit #7542. The applicant reduced the deck to a maximum size of 199 square feet, removed the proposed shed and added a bench. They increased the bulkhead setback from 0' to 1.6'. ADDITIONAL INFORMATION: The adjoining waterfront property owners have existing deck features at their shared continuous bulkhead which are larger than what the applicant proposes in the "Relief Requested". The majority of the subject parcel is at approximately elevation 32 and slopes steeply down to elevation 7 at the toe-of- Page 2 — July 7, 2011 ZBA File#6472 - Weiland CTM: 1000-111-13-11 slope and bulkhead where there is a narrow sandy area between the toe of slope and the bulkhead. This narrow area, where the boardwalk/deck with built-in bench is proposed, is approximately 12 feet wide. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 2, 2011, 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 6267-b(3)(b)(1). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed boardwalk/deck with bench at the bulkhead is smaller in area and similar in design to what the adjoining waterfront property owners have at the bulkhead. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The width of the area between the toe of slope and the bulkhead is narrow, at only approximately 12 feet in width, and does not permit a conforming bulkhead setback due to this unique feature. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, requesting a 1.6 foot setback or 98% relaxation of the code required 75 feet setback. However, the requested variance may be considered not substantial when compared to larger decking structures that exist at the bulkhead on the adjoining properties. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed boardwalk/decking with built-in bench area is small and its proposed use is passive and will not affect the environment or have an adverse impact on this neighborhood. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 6267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 199 square foot boardwalk/deck with built-in bench , 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 Schneider, seconded by Member Weisman (Chairperson), and duly carried, to DENY, the application as applied for and to; GRANT, alternative relief, and as shown on the revised Architectural Drawings entitled: Weiland Boardwalk, Project Plan and Section, Sheet A.001, dated 5/7/2011. Conditions: 1. The boardwalk/deck with built-in bench shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or Page 3 — July 7, 201,1 ZBA File#6472 - Weiland CTM: 1000-I 11-13-11 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), Horning, Goehringer, Dinizio, Schneider. This 7,ion was duly adoptt�Y. ed (S -0). , /r', -- . , ., %." Leslie Kanes Weisman, Chairperson Approved for filing r/ /// /2011 r 4sa '•q l r ' � i I jw •l f [ , -F+ -Y A + .�1 � �� x,. -"� •Y f :azo k 4� �� .. y �h R ki, .^ Y,\ !'��t ;'fTr' �. * •�*µ.ms..` ..� A`.. R 'I I v ;r y. r ,�if aa, y.fA;i '7t u1 i I jw •l f [ , -F+ -Y A + .�1 � �� x,. -"� •Y f :azo k 4� �� .. y �h R ki, .^ Y,\ !'��t ;'fTr' �. * •�*µ.ms..` ..� A`.. 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R errL.r ------ 4a" O__ E ������ 1 �� --F-- �� --^-- weM,n.,MewawN,w,K.R, NOTICE COUNTY OF SUFFOLK C E rawr>F $DUTHpIp SECTION NO -�- ) --+-- 40r--1 ' >Ifl,E1 �IN'p WAI7EWWOE.NI9NTOKS." OR • Real Property Tax Service Agency Y +x E Fr•�1/Li" ------ orc..i.Y. a NYrOYYti Nr:r awal..--rsi-- me 8 Nn•Mf DMTIUBUTIONOFANYPORTCMWiIE CorLLtY C4110eF R1rN1100.NY71E07 111 +uAW� 111 Naslr16is o dMl u.. -- LMDYh1Yr --�-- Am4,"r Orin Lir 10MT'� M 45 3LFFOLKCOOMYTW WPIS PROMEREo ti M tx D PsrLY. Z3 On1ti t21A(41>121A �"'V" -- MOr _ --p-- WrrrrOirY,�--WP-- re•UMI� LIL14101AEN WTMOLIf VAUTTEN fEfMSYON OF THE 100 OeGIEMiEEL200 M A 12.1 AW '�'""' ----- vrO+rL� RM PROPERTY TAR SOhRMAOENCY TJf' P 11e OLefMCT ND 1000 PROPERTY MAP mN,�EAenH GATS: or 1n s,x OI V7 �O I rnl z PECON 1C BAY 9 I I N V'1 00 0 N OI �I SEQUENCE OF PROJECT: 1 SITE CLEARING: CLEARANCE OF MINIMUM SITE WORK AS NEEDED. INSTALL BERMS. HAYBALES, ALT FENCING AS REQUIRED. RUNOFF LOT COVERAGE: PROTECTION TO BE MAINTAINED DURING LENGTH OF CONSTRUCTION. EXCAVATION MUST NOT BEGIN UNTIL THE LOCATIONS FILL: OF UNDIRGROUND WIRY, CABLES AND FIFES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE 41.114 fQ. FT. AREA IS CLEAR CLEAR THE SITE AT LEAST 20.25 FEET OF AMICABLE) FROM THE PROJECT PERIMETER. DO NOT CLEAR OR EXCAVATE LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION. DISTURB VEGETATION ONLY AS NEEDED, THEN RESEED OR REPLANT AS SOON AS PROPERTY WETLANDS: PRACTICAL LIMIT EQUIPMENT TRAFFIC IN AND OUT OF THE JOB SITE - DO NOT DRIVE OVER UNCLEARED AREAS. PROTECT UNCLEARED AREAS WITH FENCING OR OTHER BARRIERS. PLACE BARKERS AROUND THE DRIP -UNE OF TREK TO PREVENT INJURY TO THE ROOT SYSTEM. IF A PERMANENT DRIVE CAN NOT BE INSTALLED BEFORE CONSTRUCTION BEGINS. A TFMFOARY GRAVEL DRIVEWAY SHOULD BE 39.96 SQ. FT. INSTALLED WHERE VEHICLES ENTER THE JOB SITE. 2 POLLUTION CONTROL CONSTRICTION DUMPSTER AND PORTALAV TO BE ON SITE AND MAINTAINED DURING LENGTH OF PROJECT. 3 SOIL CONTROL: EXCAVATED SOIL TO BE RETAINED ON SITE AS INDICAT90 ON SITE RAN. RETAIN AS MUCH TOP SOIL AS POSSIBLE TO PRESERVE THE ENVIROMENTAL QUALITY OF THE PROJECT SITE EXCESS FILL TO BE SHIPPED OFF SITE. CONTRACTOR AND EXCAVATOR SHALL INSPICT PROPERTY FOR EXISTING UTILITIES BEFORE EXCAVATION BEGINS. ANY DIGGING WITHIN 24 ICHK OF UTILITY MUST BE DONE BY HAND. WHEN THE TOP 101. If PRESERVED, TILL THE SOIL FIRST. AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT END LOADER PROTECT GRASS, TREK AND OTHER PLANTS WHENEVER POSSIBLE. EXISTING HOUSE (TO REMOVE): EXCAVATION SHOULD BE AS LEVO. AS POSSIBLE. SIT ELEVATION BENCH MARK PRIOR TO EXCAVATION. OVER DIG FOUNDATION HOLES TO CNE PLENTY OF ROOM FOR A WELLOWNING BACK FILL AND TO PROVIDE ROOM FOR ALL WORK 25 CU. YD. A). IF THE DEPTH' OF EXCAVATION u 6 FEET OR LKS. OVER DK, BY 3.4 FEET. 431.1 SQ. FT. B). IF THE EXCAVATION IS DEEPER THAN 7 FEET, THE SIDES MUST BE ROPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR 5 CU. YD. INCTALL SHORING. EXISTING PATO (TO REMOVE): HILLSIDE EXCAVATION: EXCAVATE THE HILL BACK TO AN ANGLE OF REPOSE - THE ANGLE AT WHISH THE SLOPE IS STABLE, USSUA LY BACK TO A SLOPE OF 2:1 (VERIFY 900. CONDITIONS). 3 CU. YD. A). AN UNSHORED VERTICLE CUT SHOULD NOT EXCEED 5 FEET ON A SLOPED SITE. 4 STORM WATER RUNOFF CONTROL INSTALL DRYWELLS (AND SEPTIC IF NEEDED) DURING CONSTRUCTION. GUTTERS AND DOWN SPOUTS TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF. ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. EXISTING DETACHED GARAGE: UNDERGROUND HOOKUPS MACTRIC. WATER GAS, ETC.p'TO BE INSTALLED. 5 PROJECT COMPLETION: FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE PITCH GRADE ALONG PERIMETER (WHERE POSSIBLE) OF LAND DUTURMNCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS. INSTALL CATCH BASINS WITH 414.6 SO, FT. DRYWELLS AS REQUIRED TO CONTROL RUNOFF THAT CANNOT STAY WITHIN DISTURBED AREA. 50' SETBACK FROM BULKHEAD SITE DATA: SCTM # 1000-110-07-04 DESCRIPTION: SO. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 41.114 fQ. FT. .95 ACRES PROPERTY WETLANDS: 1.211 SQ. FT. 1UILDABLE PROPERTY: 39.96 SQ. FT. ESTIMATED AREA OF GROUND DISTURBANCE: 20.000 SO. FT. EXISTING HOUSE (TO REMOVE): M9.7 SQ. FT. 100 CU. YD 25 CU. YD. EXISTING PORCHIDECK (TO REMOVE): 431.1 SQ. FT. 5 CU. YD. 5 CU. YD. EXISTING PATO (TO REMOVE): 422.0 SQ. FT. 2 CU. YD. 3 CU. YD. EXISTING DETACHED GARAGE: 393.7 SQ. FT. 1.0% EXISTING BULKHEAD DKK: 414.6 SO, FT. 1.0% PROPOSED NEW HOUSE: 2421.7 SQ. FT. 5.4% 350 CU. YD. 100 CU. YD. PROPOSED SCREENED PORCH: 6142 SO. FT. 1.5% 10 CU. YD. 5 CU. YD. PROPOSED NORTH PORCH: 162.3 SQ. FT. 0.4% 35 CU. YD. 10 CU. YD. PROPOSED RAISED PATIO. PERGOLA: 1937.4 SQ. FT. 4.9% 150 CU. YD. 50 CU. YD. PROPOSED NEW POOL- 1.034.0 SQ. FT. 2.6% 250 CU. YD. 50 CU. YD. PROPOSED CABANA 168.1 SQ. FT. 0.4% 50 CU. YD. 10 CU. YD. SEPTIC SYSTEM TO REMOVE 50 CU. YD. 75 CU. YD. PROPOSED SEPTIC SYSTEM: 75 CU. YD. 50 CU. YD PROPOSED DRYWELLS. 75 CU. YD. 30 CU. YD. TOTAL 6646.7 SQ. FT. 17.2% 1152 CU. YD. 413 CU. YD. N/O/F PAT LAVARONE (DWELLING, PUBLIC WATER) i'dia, 6'deep DRYWELL N/O/F C.A. DRAUMGAN (CESSPOOL 150) HAY BAY w/ SIL LIMITS OF CLEARING TO BE NO MORE THAN 20' FROM PROPOSED WORK AS INDICATED ON SITE PLAN SCALE: 1" = 10'-0' /AVtNU r� ON M N N Ln kO T a I < tz OLu IY ce z W (DWELLING, PUBLIC WATER) V All WCL a 0 a DARK BROWN LOAM 1' OL BROWN CLAYEY SAND K 4' PALE BROWN FINE TO MEDIUM SAND SIN L _ _ J 1T TEST HOLE McDONALD GEOSCIENCE 12/26/2013