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1000-128.-2-22
OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 To: From Date MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator January 28, 2015 Re: Coastal Consistency Review for ZBA File Ref. RICK NAPPI. #6828 SCTM# `1000-128-2-22 RICK NAPPI #6828 - Request for Variances from Article =II Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than. the code required minimum single side yard setback of 10 feet, 3) less than the code required bulkhead setback of 75 feet, located at: 5218 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM##1000-128-2-22 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as Well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. ,1© Wodd Urnted Slates NY Suffolk CoSouthold t 1 ! �, �d',�..�'N �41 aI FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: December 3, 2014 TO: David Jannuzzi Esq. (Nappi) PO Box 1672 Mattituck, NY 11952 Please take notice that your application dated November 24, 2014 For permit for additions and alterations to an existing single family dwelling at Location of property: 5218 Peconic Bay Blvd., Laurerl, NY County Tax Map No. 1000 — Section 128 Block 2 Lot 22 Is returned herewith and disapproved on the following grounds: The proposed construction on this non -conforming 10,890 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states that lots measuring less than 20,000 square feet in total size require a minimum front yard setback of 35 feet and a minimum single_side yard setback of 10 feet. Following the proposed construction, the single family dwelling will have a front yard setback of 33.5 feet and a single side yard setback of 8.5 feet. In addition, the proposed construction is not permitted pursuant to Article XXII, Section 280-116B which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water --bodies other than sounds shall be set back not less than seventy- five (75) feet from the bulkhead." +/- 55 feet to the Cc: File, ZBA Signature Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.�_StreetPAn7,ntV1C ,0p3/ p*ZYO Hamlet -/ I&(/,Q�L SCTM 1000 Section /Z6 _Block 2 . Lot(s) 2,Z Lot Size Zoneje 40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING I SPE TOR DATED�g &r/d— BASED ON SURVEY/SITE PLAN DATED �j�� I .� Applicants)/Owner(s): A:/ cle Mailing Address: EA�,I A 4175q* iOZA9 60VAZ (/ZDV z AIX Telephone :l/6 fZ7& 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: MVIP fC1Qr r f/ri/U2Z/ for jo,:� Owner ( )Other: Address:`?Z� 17,oWN , dX 4670 AO�tr Telephone: 69/ 2*P. orV9 "Fax: Email: P/j;gAJNUZx/ �,�/�N.vGrcy✓ �1r�tiG 1101o�' Please check to specify who you wish correspondence to be "tailed to, front the above nantes: ( ) Applicant/Owner(s), 0< Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED /�/D z 0 1 and DENIED AN APPLICATION DATED !2 20)'FOR: (j Building Permit ( ) Certificate of Occupancy O Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article:yxIIA'AW Section:280- _ Subsection: //6.8 Z Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map, ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, X h' assnot been made at an time with respect to thisproperty, UNDER Appeal No(s). Wo 5 — Year(s). 4 . (Please be sure `to research before completing this question or call our office for assista ice) Name of Owner: ZBA File# a 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 detrime 0 rit to nea b properties if granted, because: e6W '%j-" CTI V6 X f,7C .AAV 142O />(,i tIlive ,4)✓N Nva c cid Ae �� a�rl�Ef 0 rare ail& Ivor Aeovo 0,6: .� eG� r&� 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: XlrTJit/GaDy'plZJivr J',B/t c��s�/ONS LiC C!t/!Z tY,�1e1 y /-J�Lj/ 1' /,r! l�CdN/J A- 0-"R 3. The amount of relief requested is not substaitbecause,:_,,C rU �� ���Jv-��6 js' Ole rhy.E sZCii a 1//�G oar f' ,o !/1,17.0v �� GtJ//✓ O!U f�llZ w ' r /Z Oy � Uri D 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Qa�i�it~'l/VT IZI- A107 vVlpdA//`tGA/771 L !N 7,V-15 /1 5, Has the alleged difficulty been self created? V Yes, or { } No Why: Are there any Covenants or Restrictions concerning this land? VNo { } 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. Sworn to before me this 8 ay of 0��1?B&jr , 20 Notary Public MICHAEL A. KIMACK NOTARY PUBLIC, STATE OF NEW YORK Registration No. 02KI5056823 Qualified in Nassau County Commission Expires March 11, 2019 Signature of Applicant or Authorize ent (Agent must submit written Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION APPLICANT: /P% C`C DATE PREPARED:_ /ZAbe 0/,;(- 1. !¢1. For Demolition of Existing Building Areas Please describe areas being removed:",/jQV,�5 A:P& o II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /VCA Dimensions of new second floor: i 6 5e 4&-'o Dimensions of floor above second level: NDN Height (from finished ground to top of ridge): - ,3rj GST Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor:Aa�l 1119 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: ZI, 6 d 4U IVZI at�ti1-6'Dov LDr' r, 6 zetM& y Number of Floors and Changes WITH Alterations: ,J,�e �,�,/) �L004 Ar'Ple X6Ji'!r✓G �l.X'rp'�CoD� lz�iL�/.��� ,Qr✓/> ��iyG�� ,4.MWMV IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property&&& /!Gy/S� !l4Dt0�7'�J+� n, 94 3? -V1 -,- Proposed increase of building coverage: Al O Square footage of your lot: q7 z 'Al- A_ • �2 _ Percentage Percentage of coverage of your lot by building area: ®, /Q,� 70 /- V. Purpose of New Construction: ._.7-0 0 ? d X IVIZX 1441 D WE' VroCC9&YO7LX,&5P A/ ,&IY &dIT .alb " o,C' 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): LZ&Qi#2!Y 69,,"OIPAA /> 041 Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes 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? YES 2.) Are those areas shown on the survey submitted with this application? Y�';2 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? /1/D Please confirm status of your inquiry or application with the Trustees:A%V,4/V& WOW Q64 107 TQM/A/,f1V&1V and if issued, please attach copies of pen -nit 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? W 0 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?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 prernises?—JA/ 0 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 prernises. If any are lacking, please apply to the Building Department to either obtain there 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? Ne If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel /�_4xvfl"" 10 and the proposed use /j)��//A0g12_JV (ex: existing single family, proposed: same with garage, pool or other) Authoriz4signe and Da e FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.. A7 3 PA ...., ... Date ...... Jan..... 115 .................. 198 a. THIS CERTIFIES that the building .. , .Ce11ax. . . . . . . . . . . . ........................ . Location of Property. �? i 6........ Great; Peconic, Bay. Blyd . Laurel House No. Street Aam%ei County Tax Map No. 1000 Section ... ? 2 8......Block ... Q? ..........Lot ... Q?? ., , , , , , , , , , Subdivision ..........• ....................Filed Map No. ........Lot No. ............. conforms substantially to the Application for Building Permit heretofore filed in this office dated MaX , , , , . , 6 ....... 19 8A pursuant to which Building Permit No. , , , 1 3 5 4 Z, , , , , , , , , dated .... , .. , , May, . , , , ..3 ! . , , .. , . 19 PA , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... ....Cellar ,Under . �?r.����-�.� .Dwelling ......... . ....................... . .... . The certificate is issued to .. , . , , , , , .MAURICE JEZO (ownar, lessee vrtanant} of the aforesaid building, Suffolk County Department of Health Approval . , . , , . , , , ,N/A „ UNDERWRITERS CERTIFICATE NO . . ........... . . . . . N6 71.6 0 9. , , , , , .. ............. . f.................... Building Inspector Rov. 1181 J TOWN 'OF SOUTHOLD, NEW YORK ACTION OF THE ZONING ROARD 'OF APPEALS DATE ...._,Tu)f.a,.,.l�.., 1964 Appeal No. 669 Dated May 25, 1964 ACTION OF THIS' ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD 1110 Elizabeth M. Connors Mat t i tuck Appellant New York at a mooting of the Zoning Board .of Appeals onThursday, June 11, 1964 the appeal was considered and the .action .indicated below was taken on your i Xt Request for variance due to lack of access to property ( ) Request far a .special exception under the Zoning Ordinance t X) Request for a variance to the- Zoning Ordinance 1, SPECIAL, EXCEPTION, By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ... ......... ............... Section ............................. Subsection ..... .................... ... paragraph I........•..••........ of the Zoning Ordinance, and the decision of the. Building Inspector ( ) be reversed ( ) be confirmed because 7:40 P.M.(E.D.S.T.), upon application of Elizabeth M. Connors, Mattituck, New York, for a variance and recognition of access in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, and the State of New York Town Law, Section 280A, for permission to divide lots with insufficient frontage and for approval of access. Location Of property; south side Peconic Bay) Blvd., Laurel, New York, bounded north by Peconic Bay Blvd., east by A.H. Patterson, south byotber land of Connors, west by S D Piguet. 2. VARIANCE. By resolution of the Board It was determined that (a) Strict application of the Ordinance. (would) (would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The bardship created (is) (is not) ,unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and In the same use district because SEE REVERSE (c) The var!ance (does) (does riot) observe the spirit of the Ordinance and (would) (would not) change the character of the district bec=se ' SEE REVERSE and therefore, it was further deterindned that bhe requested variance ( ) be granted ( ) be denied and that the previous decisions of titre Building Inspector ( ) :be confirmed ( ) be reversed. APPROVED FORM Z134 ZONING BOARD OF APPEALS irman Board of Appeal Barbara L. Carroza, Secretary After investigation and inspection the Board finds that Elizabeth Connors wishes to divide a lot and to obtain approval Of access. The Board finds that a gas line runs through the property, which would present a hardship when ready to build on the lot. The Board feels that a variance could be granted on this application, subject to restrictions for building on the lot. The Board finds that the access requested is accessible to fire trucks and other emergency equipment. The Board finds that strict application of the Ordinance Will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be -shared -by all Properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED that Elizabeth Connors, Mattituck,, New York, be granted permission to divide lots with insufficient frontage and be given approval of access, subject -to the following conditions: Any house build on lots #1 or 2,shall be a least 25 feet from the northerly line of the property, no closer than 15 feet to the southerly line of the property, no closer than 11 feet to the westerly and easterly line of the property as defined. MAP LAtND w - L ALJ fZE -TOWN OF Scale ' 40'- t D - wdH,.Av"dRvi+ to . Tt*Tj,~ (;LItqyAntce Murtg, Go. as -&UVYeL,&.,j wHe 30, Iss a TU L, 1 4 So" IT- ro cv. 0 04, In 41 MAP LAtND w - L ALJ fZE -TOWN OF Scale ' 40'- t D - wdH,.Av"dRvi+ to . Tt*Tj,~ (;LItqyAntce Murtg, Go. as -&UVYeL,&.,j wHe 30, Iss a TU L, 1 4 So" AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This forin must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: / 1 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner:—. I:c 60"�0� 5. Description of Proposed Project: Q 2zt e bti �tJ GlJ�-,k7� IG,�2 ND O wS 6. Location of Property: (road and Tax map number).�,OpP,�5ca /C 9,4Y "V/ -Vg 7. Is the parcel within 500 feet of a farm operation? { } Yes X No 8. Is this parcel actively farmed? { } Yes ;(C} 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 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) r / / nature of Applicant Date Note: 1, The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I 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 - Prniart n"d Cnn - T.. F. Name of Action or Project: , 6 V o 25 G A 4 4P. Z'Vp o ve Project Location (describe, and attach a location map): �Z%&' 'COA// C SWY 94.P . Brief Description of Proposed Action �S D i7vu. �,zrr ��GD L�, oJ2, Apto IrrCDV/q )L 0 e& 4OD/T14N W/O,CC`C 441,0 IV�1W GtJ`ND 61:fJ1; p Ol/!�" • � 1'C,UING �' M o V kJfT>NG C,OA/ e, fj►'UDi' - 2$ s _ • ZNaCG-D�elc -��v. Sri tel". Name of Applicant or Sponsor: Telephone �Z 4Z/� E -Mail N !IY Address: iFZ3r .41'y aqn City/PO: State: Zip Code: NY EDoesthe oposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES ve rule, or• regulation? [2. a narrative description of the intent of the proposed action and the envirorunental resources that �( d in the municipality and proceed to Part 2. If no, continue to question 2. O proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and etmit ora pr vai T®LUif/ OL .11"JUGI' T7{ l�l'T.S' n15G0 )IONZ f c 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? ^ Q ^ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0,,?08 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial t*esidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 111. W10 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: 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? 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements. describe rlecian fPan„-Pe ani 10. Will the proposed action cormect to an existing public/private water supply? If No, describe method for providing potable water: NO YES Y' NO YES X NO YES X 1 1. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater t•eatment:e J !/V ogle. PV NO YES �/ J� 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b, Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: N YES t/ J� 14, identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban OdSuburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO IZiYES X b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO VYES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain propose and size: X 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: X 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE r Applicant/sponsor na(::!!�) (��� %'U�11�v" �'1 � Date: I �i 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 1. Will the proposed action create a material conflict with an adopted land use plan or zoning occur occur 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 s - uetermination 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 occtu", 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. EJ 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. o 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. Narne 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 small impact may occur Moderate to large impact may 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 s - uetermination 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 occtu", 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. EJ 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. o 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. Narne 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 12/12/2014 5218 Peconic BayBlvd, Laurel, NY 11948 Directions, Location and Map I MapQuest Notes maeoquestt v s Map of: 5218 Peconic Bay Blvd S Laurel, NY 11948-1906 A4.,iV,"A .k DiStdc trlu="'•ti cttrtz IVb L a;ta res1. 2000ft 1500m 02014" MapQuest - 'Portio.ns-©2014 TomTom I Irgn tq z ;l PH i ©2014 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracyof their content, road conditions or route usability. You assume all risk of use. V:ewTei rns of Use http://wom.mapq uest.corn/pri nt?a= app.core.c24cb4b5e1 c143832895c648 1 /1 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, A/61C Ni9�/ residing at (Print property owner's name) (Mailing Address) do hereby authorize.&Z011ASL A (Agent' to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals, p (Owner's Signature) ( keib,�2b �j /-�oE: (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Soutliold's Code of Ethics prohibits conflicts of interest on the art of town officers and employees, The Durpose Of this form is to provide information which can alert the town of ossible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME:. /?/ C _e NAppJ (Last name, tirst 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 X— Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO _X_ 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 (tile 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 etnployee or his or her spouse, sibling, parent, or child is (check all that apply) : A) tite 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 Q� , 20i 1— Signature Print Name(1' P� AGE NT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the Dart of town officers and employees. The Purpose Of this fo►•m 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 r YOUR NAME: DAU ( D UUZ, .J AMID aZ (Last name, first name, middle initial, unless you are applying in the name oi'someone else or other enti company. If so, indicate the other person's or company's name.) ty, such as a TYPE OF APPLICATION; (Check all that apply) / Tax grievance Building Permit ✓/ Variance Trustee Permit Approvalval of Plat Change Zone Coastal Erosion Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in yllich the town officer or employee owns more than 5% of the shares. VES NO 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/►•epresentative) 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 P Submitted this S day of ,Q� _ 20A Sign atur J ��ftA `ru�� -21Print Name /���� AGENT/REPRESENTATI VE TRANSACTIONAL DISCLOSURE FORM Tile Town of Southold's Code of Ethics 3rohibits conflicts of interest on the art of town officers and em to ees. 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 ; _ /�f/G►�A �/j �J,�/�' G (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 Building Permit Variance Trustee Permit _ x Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If 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 12day of JAG20 /4 Signature Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 malting a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown. northfork. net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /Z 8 - 2 2 7— The The Application has been submitted to (check appropriate response): Town Board Planning Dept. 0 Building Dept. ® Board of Trustees 0 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) 0 (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 5 lOV,� /�OD�' �� f'�p/�I/G 404,1 A�✓/1 VP NO 4g yoviv Al,e�F�a� i�r�va% /Z�r�a/v�� �1�t�r�� oat, �zha 2 0WIC, ✓Y -04P /:&, OW r4pr>',--L - 0.5 ��' Location of action: SZ/ 8 PECDN1 C 46 V /�L V,U., 1-461,Q�6Z- Site acreage: Present land use: (�, %� g /"'0 Present zoning classification: IF -46 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: R/ C/Z /{JAAR/ (b) Mailing address:j�JjL LM,116-- 6kOV,E�4 A4 y. (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No tZ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No Not Applicable 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 0 Yes LE 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 Yes 0 No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRPSection III — Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No X Not Applicable 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. 0 Yes E] NoX Not Applicable 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. NZ Yes ❑ No ❑ Not Applicable W 0EVAMA L_ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 73.6 1'01,/12 YJ� 1�-i�/fI /d,Gis�T3' W/L/_ 3-5 A/o r— 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. ❑ Ye� No❑ Not Applicable Aj 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 ❑ No tFn" 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 Vf;R�- 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 X Not Applicable ZV2—4/0 4 612) C1—ZL rV12oo4z L/VNI—�S 111V OL V4EV ♦ f 1 n hh---r-�— w.n . . _ _. . . - - - - Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 1 Not Applicable Created on 5125105 11:20 AM BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider SOUr,�o� Rz �OUNV 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 December 17, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6828 — NAPPI, Rick Dear Mr. Terry: I DEC. 17 2014 Town Board We have received an application for additions and alterations in Laurel. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By 8�60" LG'l.I�J Encls. 1❑ z O G z z 0 ri z 0 0 m T-1 U O a 3 WWI NAW - :r. WAt+,V,.441:.&.19, JJ 1bM Wtob lam % � II ; I 1 7•� . • �I I1fI ii II � a.� I'I�r=4a �I N ' Nrzta. cjr'4T- 11-04? M." _ rr 20> 2'1IL 1 � 11�I0 . a, � I I I I 4 F. Fit �Ir�r:r-�I'- I-�rJ �I�•I N-� ISN `IW" I N� Yqjv 770 u let N Sheet Notes: Proposed Addition/Alteration Napp* Residence 5218 Peconic Bay Boulevard Laurel, New York 11948 LPA Architects LLP ARCHITECTURE PLANNING www.lpa-plans.com Inmmm P.1A-iatea.Anhi..LLP 21 C—SeYA— Say61e, W 11782 Tel: 631 589 2914 Fax: 631 589 6935 �••°"'t Ipa-planccom ;r is A virn.A'n•TMo'e NUv YOwc 5i le 1AM1. Lm, Date: DEC 16 7814 Pm)ea Dale: SEP 2014 AS NOTED Pmjea'p 14028 Drawn: FAP gleet Job: NAPPI enea KMP Sheet Notes: Proposed Addition/Alteration Nap pi Residence 5218 Peconic Bay Boulevard Laurel, New York I 1948 LPA Architects LLP ARCHITECTURE IIANNING Ipa-plans.com Irmmen P.A A'ft— LLP 21 Grader Avr SIIiM--W 11782 Td: 631 589 2914 F- 671 589 6935 "AAS ur�AVnyyQp AL19iAlIGM �_ vi0.AlCN W .aac Issue Dazs NOV 10 2014 Pmje¢ Dam: SEP 2014 sols AS NOTED Nged B 14028 D— EAP g Imo: NAPPI O4& KMP m m (1) Rick Nappi Taken Dec. 1 2,2C Looking SW Oro -law M if tat (5) Rick Nappi Taken Dec 12, 2014 Looking North Looking West 0 6;f iw 2V I Taken Taken Dec.12,2014 Looking South SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FROM BULKHEAD, SIDE YARD AND FRONT YARD SETBACKS 1. ZBA File: 5560 Approval to construct New deck located 69.8 feet from bulkhead 2. ZBA File: 5611 Approval of construction of additions and alterations to existing dwelling with front and rear yard setbacks less than 35 feet 3. ZBA File: 5804 Approval for construction of additions and alterations to the existing dwelling with a side yard setback of 10 feet instead of the code required 1.5 feet 4. ZBA File: 6578 Approval for reconstruction and addition to existing dwelling where the setback to the bulkhead is 30 feet and the single side side yard setback -is 5.7 feet and the combined side yard of 20.16 feet where the code requires a total side yards of'35 feet. 5. ZBA File: 6291 Approval of construction of new single family dwelling where the single side -yard setback is 8 feet rather than the required 10 feet and less than the total 25 feet reuired Revium 10-02-00 \ 10-13-M 07-09-01 SEE SEC. NO 125 MATCH Q- 7 •a\ 0810.01 07-03 02 N27]= ____ _______IJNE Ni FOR PCL. NO. \ , ? \ �'3 NO.125-04-024.23 ` W SEE SEC. _ , •s � � 1 �� Z I �! � C Y ti � � 1 3 FOR PCL NO. % 7 ' •1.� NO. r SEE SEC. 125-04-02425 5 ' 4 • JO i N 6 i O I 11 1? V _ 2 6 Ci I O ,b 19^^ N I e J 77, d. • � W 1 $ s �i r e 1�' 1J N. I � 14 27 � ? $ A Q d FOR PCL NO SEE SEC. NO 125-04-024.23 %� < 20 O�C,�_'•1 ,O I / SEE INSERT.A. 19 "g 0 iJ8 2122.1 ^, +m / 19 v(/ O� A O $ �6// • � J's / Off\'. Q- p, � g F•�ly '°' 15 a 3' 23 ` ; � . !�" ^ 14 ^ W 11A 22.2 w u 24 fi ' 73 / 1AA tti d/ OAR= RECREAnON 41 d 1.1A Ql- r t Ib - 1.1A 1\ 4 ai FOR / r�I sEr sEEcN c'1+o$ / 27 1.15A(e) 127.OM12 G 124 Ap 2B j 2 f0 �l '3a 11 9.2 elG OL o``^ 1.4A(c) d \ W r0 p Z2 s a 21 3 14 _ d 1.6A(c) " %9• / 15 1.6A(c) n N e� '�-�i'••— r� � ..^`��� 'F+',�. LE e.w� ,L � i?,. "r ati, -: °`.r° (2tl :'...rr� .. E�� -v. -stt's -� - - 1 w _- :. .:, --. +: 1•xc'a3. _sem-,'^s-.,1\ ... - .: _.fiv..�e�;-.'�. � .. '«'. �"'`e�:r�. -,: '� , `�,-'�. � ,, r .�.a, t �_. ,._ :. _ _... � . � i� .., ,. .. ..`�+.. •-.;,+/ /N 294 482 N 294.482 ` ^J � 1 v 1 !\ z { R "�• 1 1 1 ? m ,AA \ I 12 14.3 0 / �\ g 15.2 0 5 \ / 14.2 d \ w \ e \ Q a $ F / \ 18.1 , ? 17 •• � 4 V / O� N 291282 N 293ie2 w i I NOTICE cx""sv` COUNTY OF SUFFOLK (C) e eN•Noc.�,cn.,rw.. s.�E ow ',� . Real Property Tax Service Agency I r m TOWN OF SOUTHOLD IN NLLAGE Of w N 295.282 N 291 402 SECTION NO ,� 128 A) A PPE--20A41)� SEE SEC. NO. 126 b� J N 2]).800 MATCH _—_ _ _ UNE Q•- �, ---- FOR PCL NO. —_— fig\ V /ry'b:2 •o\\ SEE SEC. NO. 3 W tr, 125-04-024.23 I I, v FOR PCL No. A^� s 4'E s �/ L ' c r SEE SEC. NO. O 4 °� 7 tt'/A11 125-04-024 25 / 1.3A(c), I 5 I Al 77 %off 1 9 � / / 8 72 9,•J •^. V �e W 19„ / 76 .' U•i 9 df n 72e d 4 .� 'cc• A' g .7� Ig � ^r 2q FOR PCL. NO SEE SEC. NO.y 125-04-024:23 7 / 78 11 Q ,g r' 20 79 a / 8 SEE INSERT•A• .` X18 21 22.1 tttTTT �- PI °F QEv 15 8 i a •F° h '°o C 'a 9 a 1q ^ / 1.tA 24 ol O3 a , / Q o IPMKB RECREATION tl• •� S MEA) � P1 J tea A / 2 q6 -E,6 sh •,, t ry y MA �t w R'1• 12.52 4 z gztY / 925 a % _ ; A 1 FOR PCL N / y 1'FJ SEE SEC. NOS 5 / 127-W412 / 27 1.1A(c) 9 24 All \\ r 1 8 1.8A(c) \ I 91 S� \ 26 10 ,ta cP•p d /. 9.2 t 2°� • t v AA(c)23 0 12 22 21 + / 14 1.6 (c) a / 91.481 1'S• •�. ltd Vie\ •� V oak g19`� In O�0 �4t L vAxm•.mv�a•^n n� E '�-- (21) O a Ncwm a nusm�ns aoacc s1 F � • � c+.r..e+.+ .._:. `tom 1 n(<1 �utwt u,. o n ad � APPEALS BOARD MEMBERS Ruth D.. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http: ry;outholdtol�ln.northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765.1809 Pax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATI j MEETING OF AUGUST 2, 2004 Application No. 5560 — John McFeely Property Location: 5900 Peconic Bay Boulevard, Laurel ��fr as Tolvk', c('ejj: CTM Parcel Id: 128-2-9,1 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 II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 37,310 sq. ft. parcel is 94.66 ft, wide along the south side of Peconic Bay Boulevard and 445 feet deep, and is improved with a two-story frame dwelling with garage, as shown on the March 11, 1983 survey, revised April 29, 1985 by Young & Young, LS. BASIS OF APPLICATION: Building Department's May 28, 2004, Notice of Disapproval, citing Code Section -100-239.46 in its denial of a building permit application concerning an "as built" deck, for the reason that the. construction is less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 15, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to obtain approvals for his deck that was rebuilt with an extension at the rear of his home. The 23.5 ft, by 15 ft, deck is noted on the applicant's site plan with a setback of 69.8 feet from the bulkhead. 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as -built deck extension measures 4 -feet x 24 -feet on one side and 3 -feet x 24 -feet on the other. This extension is minor and will not appear out of character since a deck had already been in existence, +' Pa,,Ze 2 —August 2, 2004 ZBA No. 5560 — John McFeely CTM 128-2.9.1 2 The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The existing deck wasn't large enough for the application's growing family needs, so this minor expansion of the existing deck was the most logical. 3. The requested area variance is minimal with a 5 -foot 2 -inch reduction in the current code requiring 75 -feet to the bulkhead. 4. The diff<qukty was self. created when the applicant expanded and reconstructed the existing deck without inquiring about local code requirements and restrictions, 5. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the. physical: or .environmental conditions in this neighborhood which consists of single-family residences. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF.THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Tortora, and duly carried, to GRANT the variance as applied for, as shown on the March 11, 1983 survey, revised April 29, 1985 by Young & Young, L.S., subject to the following CONDITIONS: The area of the deck with the roof shall not be enclosed at anytime, and the remaining open, unroofed deck area shall remain open to the sky, This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oil (Chairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5-0) Ruth D, Oliva, Chairwoman 8/5/04 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. �p�osu>rFat�.�oG y� y a http:/,,'Southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road RO, Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 �,R��EaaC..E,�I�VED JAN 7 2005 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2, 2004 SOU=d TOWA Clerk ZBA Ref. 5611 Salvatore and Margaret Detrano Property Location: 5388 Great Peconic Bay Blvd, Laurel; CTM Parcel 128-2-14. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION The applicant's 14,070 sq. ft. parcel is improved with a two- story frame dwelling and detached garage as shown on the' January 16, 2003 survey prepared by Barrett, Bonacci & VanWeele, P.C. The property has frontages: (a) along a 15' wide dirt road along the western edge, and (b) along a 10 wide right-of-way easement along the eastern edge of this lot. BASIS OF APPLICATION: Building Department's August 24, 2004 Notice of Disapproval, citing Sections 100-242A and 100-24413, in its denial of a building permit to construct proposed additions with alterations to the existing dwelling. The reason stated in the disapproval of the new construction is that there will be an increase in the degree of nonconformance with front and rear yard setbacks at less than 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented,' Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct additions and alterations to the existing dwelling. The easterly setback is proposed at 20.5 feet and the westerly setback at 21.75 feet, at its closest points to the property lines, as shown on the preliminary plans prepared by Boulveard Planning East, P.C. dated 8-12-04. 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. Applicant's property is a long, narrow lot, accessed by a private right-of-way, which serves as the front yard property line. The proposed additions will be in keeping with the scale and character of the neighborhood. Page 2 — December 2, 2004 File No. S. and M. Detrano CTM Id: 128-2-14 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 lot is extremely narrow and the front and rear yard setbacks of the existing dwelling are nonconforming. Without variances, the applicant would be unable to create any additions to the existing dwelling. 3. The variance granted herein is not substantial and represents a 12 ft. +- reduction in the existing front and rear yard setbacks. 4. The difficulty has been self-created. 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 additions, 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 Tortora, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the preliminary plans prepared by Boulveard Planning East, P.C. dated 8-12-04. 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 a4d other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva Chairwoman Goehrir r - orto Orlando was absent.) This Resolution was duly adopted (4-0). ! a�tl D' izio. (Member Vincent Orlando, Acting airYnan--'t2�/04 Approved for Filing Cerl•!.•:ollons In JIf,C If. •! ne, .,cn s•ynlfy lnol Ihis PI -011' Inc hbrcun du ScriU vd v•uFerty ;e o t-Jf q. -ower' reoresLn•r. •,cr• survey -00c Ur1J Pl--Wco Jnger -ny d[rec(,on ,n ccco•dol, 'Wh the h.,sllny C-0- Of P10-1— for L'Fo Sv'•e)o•s vy 'ne +:^� +'cr; 51up• astoclo l,on o! 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FIRST AMERICAN TITLE fNSURANCE COMIPANY OF NEW YORK SALAVATORF rETRANO MARGARET DETRANO DR 4 VR W' H P.C. 021:•3 110�.PC. r. l r ;: r• V JOB NO.: .4030040 DATE •iANUARY 16, 21,10, . i •. SCALE: 1 0 .}0 DIST. 1000:28-- �-I _ SEC BI.H. ;c Dp 3',4031:'•1i,''tl:; t;�:l]Ji: 1 l :h:-, , ie•,-- ---...._--_.-_.._.. _ ..... -._ _ I � OI/211;.p;,J 12 0-'l/ P!!, 13-:, L+,:, :!1. C,n+ncc 1t Var LV,:eh' 44R T Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown, northfork.net BOARD OF APPEALS TOWNOF SOUTHOLD L Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 27, 2005 ZB File No. 5804 — MONTE and CAROLYN REDMAN Property Location: 4510 Peconic Bay Boulevard, Laurel CTM 1.28-4-21 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED JAIL 3 1 Southold Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment If the project is implemented as planned, PROPERTY FACTS/DESCRIPT{ON: The applicant's 42,601 square foot parcel has 100 feet along Peconic Bay Boulevard and is improved with a two-story, single-family dwelling as shown on the January 29, 1986 prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's August 29, 2005 Notice of Disapproval, citing Section 100- 244, in its denial of an application for a building permit to construct proposed additions and alterations. The reason stated by the Building Inspector in the denial is that the new construction will be at a side yard setback of 10 feet, instead of the code -required 15 feet, and at 15 feet for both "side yards (total combined), instead of the code -required 35 feet total. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 15, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct an interior conversion of part of the existing garage (addition and alterations)9'3" by 19'6" and for a new 4' x 10'8" step area, replacing the previous steps, all as described on the plan date-stamped October 31, 2005 and November 17, 2005, prepared by Leo Pyzynski, Architect. Although the Building Department notes in the Notice of Disapproval that the side yard setback will change from 14 feet to 10 feet, the only change is a replacement of the step area with a 10'8"x4' step area. The setbacks to the dwelling will be unchanged, maintaining the existing 14 ft. on the east side and 5 ft. on the opposite side, for a total 19 ft. combined side yard setback area. 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 entrance is proposed to be rebuilt with a new side door flush with the side of the existing home and interior renovations. The porch area is 4'x10'8", and does not change the existing nonconforming setbacks that have existed for years. Page 2 — December 27, 2005 ZB File Ref, 5805 — Monte and Cat.,;,;, Redman CTM 128-4-21 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 home has existing in its current location with nonconforming setbacks for many years, and any major alterations or addition would not be permitted without a variance in these areas. 3. The variance granted herein is not substantial 4. The difficulty has been self-created in that it is known that the setbacks for the existing dwelling have been nonconforming. 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. Most of the Peconic Bay area in Laurel has similar conditions and buildings with preexisting nonconforming setbacks. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of interior alterations and minor entrance, 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 Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the plan date-stamped October 31, 2005 and November 17, 2005, prepared by Leo Pyzynski, Architect This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 1/,xr-/06 Approved for Filing BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P, Goehringer George Horning Ken Schneider http:Hsoutholdtown,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 RECEIVE Tel. (631) 765-1809 o Fax (631) 765-9064 `4 CT FINDINGS, DELIBERATIONS AND DETERMINATIONSoutho ZBA FILE: 6578 MEETING OF OCTOBER 18, 2012 NAME OF APPLICANT: Alan Fidellow SCTM# 1000-128-6-1 PROPERTY LOCATION: 4030 Great Peconic Bay Blvd,, (adj. to Great Peconic Bay) Laurel, NY 3 .' S � "23 ` �� ld Town Clerk 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 11 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 June 19, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 22, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. The proposed new septic system is recommended as CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one and a half story dwelling with attached deck, an accessory stricture, shed and a framed bath house. It has 108.10 feet on Great Peconic Bay Blvd., 535.69 feet along the eastern property line, 118.57 feet on Great Peconic Bay and 551.46 feet along the western property line as shown on the survey dated August 16, 2011 last revised August 14, 2012 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B) and Article IV Section 280-18 based on an application for building permit and the Building Inspector's February 17, 2012, amended August 16, 2012 Notice of Disapproval for partial demolition, reconstruction and addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the minimum side yard setback of 15 feet, 3) less than the combined total side yards of 35 feet, RELIEF REQUESTED: The applicant requests variances to partially demolish, reconstruct and add a second floor addition to the existing dwelling with a bulkhead setback of 30 feet to the as built deck where the code requires 75 feet, a single side yard of 5.7 feet and a combined side yard of 20.16 feet where the code requires 15 feet minimum side yard and combined side yards of 35 feet. Page 2 of 3 — October 18. 2012 ZBA Filc#6578 • Fidellow CTM: 1000-128.6.1 ADDITIONAL INFORMATION: At the hearing on July 5, 2012 the Building Inspector was asked to clarify if this application was a total demolition and reconstruction or a partial demolition, and to address the history of the as built seaward deck and its setback from the bulkhead. The applicants were also asked about these two issues. Tile Board requested an Amended Notice of Disapproval be obtained stating that the permit requested was for a "partial demolition, reconstruction and addition" and citing the bulkhead setback from the rebuilt deck in addition to the setback of the dwelling from the bulkhead. Based upon the amended 8/16/2012 Notice of Disapproval the Board decided, by unanimous vote, to reopen the Public Hearing.. The Board received a letter dated October 1, 2012 from Joseph Fischetti P.E. explaining that the additional weight of the proposed second story addition will have no adverse impact to the existing upper and lower bulkheads on the subject property. The Board also received a letter dated August 2, 2012 from Donald G, Feiler, RA stating the soundness of the existing foundation and first floor to support the proposed second floor addition. AMENDED APPLICATION: During the first hearing, the applicant was asked to address the "as built" seaward deck, which is closer to the bulkhead than the existing dwelling, and the extent of the proposed demolition. On September 4, 2012, the Board received an Amended Notice of Disapproval dated 8/16/12 stating the setback of the as built deck to the bulkhead as approximately 30 feet and the permit applied for as a "partial demolition, reconstruction and addition". FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5, 2012 and October 4, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1, Town Law &267-b(3)(b)(1) Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, provided that the proposed first floor renovation and new second floor addition can be accomplished without the need for a new foundation, demolition of the first floor, or land disturbance to the bluff area. The Board recognizes that most of the dwellings along this section of the bluff do not have conforming bulkhead setbacks. However, the applicant's dwelling is one of only two that is located entirely within the 75 foot required bulkhead setback and, should a new foundation or first floor demolition be required once construction commences, then the applicant must reposition their dwelling with a greater bulkhead and side yard setbacks to better conform to the character of the neighborhood and the code requirements, 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 area variances, as applied for. However, should demolition be necessary, the applicant can create a greater setback from the bulkhead, as well as more conforming side yard setbacks. 3, Town Law &267-b(31(bN31 The variances granted herein are mathematically substantial, representing 51 % relief from present code requirements for the existing dwelling setback. Additionally, the single side yard setback at 5.7 feet represents a 62% relief from the code and the non -conforming total side yards at 20.16 feet, represents 42% relief from the code. The bulkhead setback to the rebuilt deck of 30 feet represents an approximately 60% reduction in code requirements. However, the location of the as built deck and existing footprint of the dwelling will be maintained and both have existed in their present non -conforming locations since the 1950's. 4. Town Law &267-b(31(b)(41While significant evidence was not submitted to suggest that the variances as applied for will have an adverse impact on the physical or environmental conditions in the neighborhood, the Board recognizes that when demolition and new construction takes place on parcels fronting on the Great Peconic Bay, greater conformance to the code by increasing the setbacks of dwellings from the bulkhead is essential to the protection of both private property and the bluff. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3 of 3 - October 18, 2012 ZBA File#6578 - Fidellow CTM: 1000.128.6-1 5. Town Law §267-b(3)(b)(5) The difficulty has been self-created. The applicant's family 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 to enable the applicant to enjoy the benefit of a reconstructed existing home with new second story, he first story can e reconstructed in place and in kind without demolition, while preserving and protecting lat tt 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 Weisman (Chairperson), seconded by Member Dinizio,`and duly carried, to GRANT; the variances as applied for as shown on the survey by Peconic Surveyors dated August 30, 2012, and building plans, titled "existing conditions at the Fidellow residence" dated July 24, 2012, revised August 2, 2012 and the "as built deck plan" dated 9/4/2012 prepared by Donald G. Feiler, Architect. CONDITIONS - 1, The applicant or their builder/agent must call the Building Department to schedule a mandatory inspection by the Building Inspector once the existing roof and second floor system have been removed, and prior to any further construction, to ensure that the existing foundation and first floor of the dwelling are able to sustain the load of the Proposed second story addition, as applied for, 2. Upon inspection as per condition number 1, if the Building Inspector determines that additional demolition and re-construction/construction beyond the scope of this decision is necessary, a Stop Work Order must be issued and the applicant must return to the Board of Appeals for further consideration as to whether they may leave the dwelling in its present location or be required to move the dwelling to a location with more conforming bulkhead and side yard setbacks. 3. The deck 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 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. An)) 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 f ttntre use, setback or other ature of the subject property that may violate the Zoning Code, other than such uses, setbacks feand other features as are expressly addressed in this action. The Board reserves the rightto 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), Dinizio, Schneider, Horning. Absent was: Member Goehringer. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing / /2012 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http: //south o ldto wn.north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING HELD JULY 21, 2009 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 ZBA File # 6291 - JOE RUGGIERI & RONNIE RUGGIERI by John Ruggieri Property Location: 3690 Peconic Bay Bouelvard, Laurel CTM 128-6-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA, SUFFOLK COUNTY DEPARTMENT OF PLANNING: 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 29, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact, PROPERTY FACTS/DESCRIPTION The subject property is a 15,368 square foot parcel in an R-40 Residential District measuring 106 feet along Peconic Bay Boulevard, 205 feet on the south/west side boundary, 215 feet on the opposite side boundary, and 99 feet along the rear boundary as shown on the September 29, 2008 survey prepared by Nathan Corwin, Land Surveyor. The property is improved with a new single-family home under construction. BASIS OF APPLICATION: Requests for Variances under Section 280-124, based on an application for a building permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval concerning a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code -required minimum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks. The survey along with a personal inspection indicates a one -car garage is inclusive in the construction, with a proposed porch on the easterly side of the home. TOWN CODE CHAPTER 268 (formerly Ch 95) LWRP DETERMINATION: This application is exempt under Town Code Chapter 268-3(F) because the granting of the area variances in this application is not related to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CERA, Page 2 — July 21, 2009 ZB File No, 6291— Joe Ruggled and Ronni RuggW (by John RuggiM) CTM No, 128-" FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 25, 2009, 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 setbacks are nine (9) feet (garage as exists) on the westerly side yard and on the easterly side at eight (8) feet, for a total combined side yard setback of 17 feet. The proposed 210 square foot unroofed side porch will also increase the lot coverage by 1.4% over the code limitation of 20%, resulting in a total lot coverage percentage of 22.8 for all construction areas (existing and proposed). ADDITIONAL INFORMATION: During the public hearing, the father of the builder testified that the reason for the one car garage and the proposed deck/porch was related to medical conditions, and to drive his car into the garage in order.to enter the home, as well as the need for a deck to enjoy the outside of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law &267-b(3)b 3 1 Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby propertles. The applicants are requesting a proposed 23.3 ft. by 9 ft, side deck (unroofed, open to the sky) which increases the lot coverage by 210 square feet (or 1.4% over the existing construction lot coverage of 21.4%), and reduces the side yard setback to 8 feet. The applicant's new one -car, one-story garage has received a building permit, however, the new construction does exist with its encroachment into the side yard, and the 9 ft. side yard setback caused by an inaccuracy of the builder or the surveyor, and has already increased the lot coverage. The applicant's lot is preexisting with an area of 15,368 square foot, significantly nonconforming, and is noted as the last remaining residential building parcel in a subdivision created approximately 35 years ago. The shape of the lot and the applicant's building envelope does not provide a conforming rear yard location, and the layout of the house on this odd -shaped lot logically suggests a side deck, The side yard offers more privacy foi" a deck. The immediate area consists of primarily one -family homes and similar nonconforming lot sizes, as well as similar setbacks and code nonconformities, some pre-existing and others with variance approvals in previous years. In addition, setbacks for the proposed construction in other areas will conform to the Code. 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. A small side deck cannot be. added on this nonconforming sized parcel without increasing the lot coverage, Also, the building envelope does not permit a conforming rear yard location, and the layout of the house logically, suggests a side deck. 3. Town Law &267-b(3)(b)(3) The variance requested in relation to lot coverage is not substantial for the addition of 210 square foot for a deck on this 15,368 square foot lot. The variances requested in relation to the setbacks are substantial. Page 3 — July 21, 2009 ZB File No. 6291— Joe Ruggierl and Ronni Ruggied (by John Ruggled) CTM No.12MI6 4. Town Law §267-b(3)(b 5 The difficulty has been self-created insofar as it is based on the westerly nonconforming side setback and new construction for a single-family dwelling with attached garage, that cannot now be changed. 5. Town Law §267-bQ)(b)l4). 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. There are no natural wetland protective resources, and the applicant will be adding leaders and gutters as per code.. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy a new side deck (and part of the existing garage), while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Weisman, and duly carred, to GRANT the variance as applied for, as shown on the February 6, 2009 survey prepared by Nathan Taft Corwin lil, licensed land surveyor, and shown on the Plans A2 and A3 prepared by John Fokine, P.E. 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 nonoonformities, 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 Goehringer was duly adopted (4-0). P. Goehringer, Chairman M for Filing 7-27-09 This Resolution IZI: EIVE A Southold Town Clerk i o o ' �a - TOWN OF SOUTHlOLD PROPERTY RECORD CARD OWNER STREET 5 fi " VILLAGE DIST. SUB. LOT \'J. A�-14'5s �r i yC �'?`C�l- _} C d �J% � 1 Gr �✓t ns��l,� /J' I l FORMER OWNER.. ort ; � � �"� N' E ( Y ACR.! � 1 .WSJ S �ITYPE OF BUILDING JJ(/f .._, /� .../ .. /f ^ ✓` - r�)% iJ .e ..{y�oJt J',WVq D' ZES. SE� S.�� VL. FARM// COMM. CB. MISC. 11 Mkt. Value LAND IMP. TOTAL DATE REMARKS / M11 �� .. ,".�°. P r'�, e� f r� /. Ir!a3 C'�^A C alf" uY3Cfer ��cr�1l r7� Irv'~'✓ �—�" 12,21 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Fillable 1 -illable 2 'illable 3 —/ Joodland wompl.and FRONTAGE ON WATER rushland FRONTAGE ON ROAD_ F {�lJil fi"E..S.� !J V f louse Plat . DEPTH j BULKHEAD otal DOCK Y GG��G g P� a I 3 G��P �4 THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, NO OFFICIAL OF THIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUFFOLK COUNTY TAX MAP DIST: 1000 SECT: 128 BLK: 2 LOT: 22 MAP NO: DATE: LOT(S) MAP OF: DESCRIBED PROPERTY LOCATION: LAUREL TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK SURVEYED: JUNE 19, 2014 CERTIFIED TO: RICK NAPPI -FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK SAFE HARBOR TITLE AGENCY, LTD. TITLE # SH 1 45897 SCALE: 1 "=30' FILE NO: 14-223 Wallace T. Bryan Licensed Land Surveyor MAINTAINING THE RECORDS OF BURTON, BEHRENDT do SMITH 559 Middle Road. Bayport, New York 11705 (631) 472-1770 Fax 472-1771 N r T ,;C 0, J