HomeMy WebLinkAbout1000-80.-1-47.1OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry, Principal Planner
. LWRP Coordinator
Date January 23, 2015
Re: Coastal Consistency Review for ZBA File Ref. DAVID TURNER #6830
SCTM# 1000-80-1-47.1 :
DAVID TURNER #6830 - Request for Variances from Article XXIII Section 280-124 and the Building
Inspector's December 5, 2014 Notice of Disapproval based on an application for building permit for
additions and alterations to existing single family dwelling, at; 1) less than the code required minimum.
single side yard setback of 5 feet, 2) less than the code required minimum combined side yard setback
of 25 feet located at: 640 West Shore Drive (adj: to Southold Bay) Southold, NY: 8CTM#1000-80-1-
47.1
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, as well as the records available to me, it is my determination that the proposed second
story addition is EXEMPT from LWRP review pursuant to:
§ 268-3.. Definitions. MINOR ACTIONS item "F' which states:
F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated
natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA.
The parcel is not located within the Coastal Erosion Hazard Area.
Cc: Stephen Kiely, Assistant Town Attorney
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Horning
Kenneth Schneider
so�ryo�
CO�NTI
Southold Town Hall
53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD \R)
Tel. (631) 765-1809 • Fax (631) 765-9064/ n
December 19, 2014
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. #6830 — Turner, David
Dear Mr. Terry:
Ow
We have received an application for additions and alterations in Southold. A copy of the
Building Inspector's Notice of Disapproval under Chapter 280 (Zoning. Code), and
survey map, project description form, are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly. yours,
Leslie K. Weisman
Chairperson
010"OprAll rlurwm/�
MW �.AW
Encls.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: December 5, 2014
TO: David Turner
450 7h Avenue, Suite 1907
New York, NY 10123
Please take notice that your application dated December 1, 2014
For permit to construct additions and alterations to an existing single family dwelling at
Location of property: 640 West Shore Drive, Southold, NY
County Tax Map No. 1000 - Section 80 Block 1 Lot 47.1
Is returned herewith and disapproved on the following grounds:
The proposed construction on this non -conforming 12,632 square foot lot in the Residential R-40
Cc: File, ZBA
Fee: $ Filed By: Assignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
AREA VARIANCE
�4D Es? 5,to[zs pcz+ye H Iz.r=5
House No. Street Hamlet
090.06 c0d-1
SCTM 1000 Section Block Lot(s)10 lo rX 2 Lot Size 2, X03 2. Zone �—
0�) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 12 - 5 - 14- BASED ON SURVEY/SITE PLAN DATED 1 I - 2 S 14- _-
.-*,f + n
V A7AL1L I u'1zHILa
Mailing Address: -34'25 �/E �- 2-
%z� S 1 d-' ° 8 # 0 X215 �- -I G3 0 , � •�- 1Z.iZoN. NL
Telephone: Fax: 1 Email: OIC`+ t C> T '1Z H 1:1�- �Vt
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: l✓J4�++ nIrzH k- for ( Owner ( )Other:
Address: 9' S O Rti L A i `i ° -t') H Y. ; N - 16123
`2-� S Cl f3m C'L+ z7
Telephone: ¢ Fax: S el 4 - 0 9 � o Email: OA 4 ► Ty i2 H jZe>i�� `% �= �"+ t4 e. -r
Ple a check to specify who you wish correspondence to be mailed to, from the above names:
Applicant/Owner(s), () Authorized Representative, () Other Name/ Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE fLAN1
DATED I - 2 S " 14- and DENIED AN APPLICATION DATED ► ti S 14- FOR:
uilding Permit
() Certificate of Occupancy () Pre -Certificate of Occupancy
O 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• Xy. 1.1 J Sechon`c w:2 $b.: Subsection: , �.
Type of A 'peal. An Appeal is made for:
A Variance to the Zoning Code or Zoning Map.
( ) A Variance due to lack of access required by New York Town Law- Section 280-A.
( ) Interpretation of the Town Code, Article Section
() Reversal or Other
A prior
UNDER
appe
research before
Name of Owner:
ZBA File#
Name of Owner:
ZBA File#
REASONS FOR APPEAL (Please be specific, additional sheets maybe used with preparer's
signature notarized):
1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby
properties if granted, because: -1' j-{ t. FIP- o P o y I✓ e S -r te, v c.'T M e 1$ A R vs 1 S LL b
\"L4a0e v%EC,K- �' w1rZ1a [-/AIZ-I-Lou✓1Nti t-� AxI�-<,jt..c
%,,/I44N$lL1"i'f A50 -VG. e5/'-r1Zvc.Tl0H.
.:51 -T e I$ L;HpkEi;-4IZ1=to SI'tS off /-& 171=610 EWb 5;712ELIE T.
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: o ®-1 H k 1- A r 0 1O I ® -( i --c Le C. ra ? 1 c
r o '�- A C.: > L C- k1- W/ w� 7 L YZ- '-/ 1 1A- V -j G IE 1- l L H -T �
'(Z ^ 1 S Lr. n V m c. k t6L'i' w I-- La 1-{ V4 - S L: SN G kZ a c1 H a w arc.
13F- Le45 Ay,f2rL- erLt 4-r F—.
3. The amount of relief requested is not substantial because:
I -T tE t2- hAA i u 1-{ /s. � k L c --T Ir h
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
-o5'1 T LE' v 1-1 L Is
!` F F F- 4'r a H ATL^ 1 V-4 d2 G L.
5. Has the alleged difficulty been self created? { } Yes, or-p<No Why:
-571-r12 15 tj H nWl(LS(Z L h
Are there any Covenants or Restrictions concerning this land? { } No {VYes lease furnish a copy)
IF C LE--41GJ5 121iaHcL
This is the MINIMUM that is necessary and adequate, and at the same t' serve and protect the
character of the neighborhood and the health, safety and welfare the commut
Sworn
of
S Jl1Ex
NOTARY N 8 Fi • STATE OF NEW YORK
01JU6i90736
IN QUEENS COUNTY
QUA elcl ION EXPIRES JULY 28, 2016
SignAre of Applicant or Authorized Agent
(Agent must submit written Authorization from Owner)
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: 50A-4 v '1Z V-A DATE PREPARED:
s
1. For Demolition of Existing Building Areas
Please describe areas being removed:
H. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: �-4 o C Irl 't�' 1-i 4 u -
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from
natural existing grade to first floor:
M. Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary). Please describe building areas: 1 l
Number of Floors and General Characteristics BEFORE Alterations: Imo+
Number of Floors and Changes WITH Alterations:
W. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot: 2 Co 2 -
Percentage of coverage of your lot by building area:
V. Purpose of New Construction: Ls- w �-f ®®p L�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):
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 premise sted on the real estate market for sale?
Yes No
B. Are there any propos# to change or alter land contours?
No v Yes please explain on attached sheet.
t=12vS AiPP'IZ-o-VA.
C. 1.) Are there areas that contain sand or wetland grasses? °
2.) Are those areas shown on the survey submitted with this application?
3.) Is the property bulk headed between the wetlands area and the upland building
area? L 5
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? Please confirm status
of your inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? F__� °'
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting?_ j --i a Please show area of the
structures on a diagram if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your premises?' -f —5 If
yes, please submit a copy of your building permit and survey as approved by the Building
Department and please describe: P c- -r 1 yC G. o w h T
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. 11�
H. Do you or any co-owner also own other land adjoining or close to this parcel? 7`t
If yes, please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel r/4i.A t L- f
'V L S I tp Ls N G * and the proposed use [ r h 1—c I L. --f
L S 1 d it H G L (ex: existing single family, proposed: same with
garage, pool or other
Authorized 'gnature 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,
siteplan approval, use variance, area variance or subdivision approval onproperty 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.
L' Name of Applicant: ��►� 1 ��v ���
�2. Address of Applicant: 2 Y 1
13. i Name of Land Owner (if other than Applicant):
�4. Address of Land Owner:
15. Description of Proposed
( Project: 1r -t' -OP TD L e -K- '(=c
{6. Location of Property: (road and Tax map o00
gnumber) &4''0 wc'�7,
T <HoIZE "De�,'a SC--t-A —C-. bsD.DO
'7.7 Is the parcel within 500 feet of a farm operation? { } Yes $-� 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.
5.
6.
(Please use the back is page 'f there are additional property owners)
-Signature -of- licant i 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 Completiniz
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 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 o. r Project:
V--,/ & a t:) �D L C,1<. .
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
�LC,1L
Name of Applicant or Sponsor:
Telephone: C -L, a
E -Mail: 'p,4. -t 1 cpTo 12 H L K. C
Address: N-/ E M I Zo H '
-.2, 4� �.��y� 22 4T 1 t-4`
City/PO:
�—� le: ��� �-
State:
�4 �-e .
Zip Code:
t oo I I
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
v
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other governmental Agency?
NO
YES
If Yes, list agency(s) name and permit or approval:
3.a. Total acreage of the site of the proposed action? 3 acres
b. Total acreage to be physically disturbed? acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, adjoining and near the proposed action.
❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial )desidential (suburban)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify):
❑ Parkland
Pagel of 4
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
6. Is the proposed action consistent with the predominant character of the existing built or natural
landscape?
NO
YFSS
-X-
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
7.
If Yes, identify:
NO
YES
X
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation service(s) available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
NO
YES
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
NO
YES
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water:
NO
YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment:
NO
YES
12. a. Does the site contain a structure that is listed on either the State or National Register of Historic
Places?
b. Is the proposed action located in an archeological sensitive area?
NO
YES
✓��
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
NO
I YES
1.4. 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
11Wetland ❑ Urban `Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed
by the State or Federal government as threatened or endangered?
NO
YES
16. Is the project site located in the 100 year flood plain?
NO
YES
17. Will the proposed action create storm water discharge, either from point or non -point sources?
If Yes,
a. Will storm water discharges flow to adjacent properties? ><NO ❑ YES
b. Will storm water discharges be directed to established conveyance systems (ru ff and storm drains)?
If Yes, briefly describe: ;1NO ❑ YES
NO
YES
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
s} r ,
r
impact
impact
i
h n2 j
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?
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
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: =01�-J H L Date: �'2- l
Signature:
Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part l and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my
responses been reasonable considering the scale and context of the proposed action?"
xr �xT r
No, or
Moderate
small
to large
s} r ,
r
impact
impact
i
h n2 j
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
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Date
Title of Responsible Officer
Signature of Preparer (if different from Responsible Officer)
Page 4 of 4
No, or
Moderate
small
to large
impact
impact
may
may
" '`'`''
occur
occur
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3.
Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant. Each potential impact should be assessed considering its setting,,probability of occurring,
duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-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
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Date
Title of Responsible Officer
Signature of Preparer (if different from Responsible Officer)
Page 4 of 4
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 : �� F-� �' , �A"y 0b V4,
(Last name, first name, middle initial, unless you are applying in the name of someone else or
company. If so, indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance
Variance
Change of Zone
Approval of Plat
Other (activity)
Building Permit
Trustee Permit
Coastal Erosion
Mooring
Planning
entity, such as a
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer
or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business
interest" means a business, including a partnership, in which the town officer or employee has even a partial
ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the
shares.
YES
NO
If No, sign and date below. If YES, complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant/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 /o day of r tt " I,1
Signature
Print Name \✓ ti v N
'RRLOS J'
N BLIC, STATE OF NEW YORK
90736
QUALIFIED N QUEENS COUNTY
COMMISSION EXPIRES JULY 28, 2016
I,
Board of Zoning Appeals Application
AUTHORIZATION
(Where the Applicant is not the O er) ^�
I -
at
(Print property owner's name) / (Mailing Address)
do h/reby authorize
(Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of/Appeals.
s Signature)
(Print Owner's Name)
action is necessary to avoid same.
YOUR NAME :
AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE
(Last name, first name, middle initial, unless you are ap mg in the name of someone else or other entity, such as a
company. If so, indicate the other person's or comps 's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance B
Variance
Change of Zone
Approval of Plat
Other (activity) P
Do you personally (or throughyour c pany, spouse, sibling, parent, or child) have a relationship with any officer
or employee of the Town of Southo ? "Relationship" includes by blood,. marriage, or business interest. "Business
interest" means a business, inclu 'ng a partnership, in which the town officer or employee has even a partial
ownership of (or employment b a corporation in which the town officer or employee owns more than 5% of the
shares.
YES NO
If No, sign and date be)6w. If Yes, complete the balance of this form and date and sign where indicated.
Name of person a"loyed by the Town of Southold
Title or positigi 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 day of , 20
Signature
Print Name
uilding Permit
Trustee Permit
Coastal Erosion
Mooring
Tanning
Do you personally (or throughyour c pany, spouse, sibling, parent, or child) have a relationship with any officer
or employee of the Town of Southo ? "Relationship" includes by blood,. marriage, or business interest. "Business
interest" means a business, inclu 'ng a partnership, in which the town officer or employee has even a partial
ownership of (or employment b a corporation in which the town officer or employee owns more than 5% of the
shares.
YES NO
If No, sign and date be)6w. If Yes, complete the balance of this form and date and sign where indicated.
Name of person a"loyed by the Town of Southold
Title or positigi 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 day of , 20
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
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an' action cannot be certified asconsistent 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# 0 8°, On - 0 1, 0a
The Application has been submitted to (check appropriate response):
Town Board E Planning Dept. 0 Building Dept. VS, Board of Trustees
1. Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital 0
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:. � t-.',,'4 2 ,tel S t 10 \-11-4 .0 0 n 'D L=_ �.1=
Location of action: 6+c' c:::E�2 i o %r- V T2I-4L
Site acreage: 12-. , (.0
2 ZS.
Present land use: 12 es l !✓ H Tt A. L_
Presentzoning classification: � ---> 4" O
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: I . J A�' t c'
(b) Mailing address: 3
(c) Telephone number: Area Code () '' "' g 4' C_-)
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ElNo,V��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.
K Yes ❑ No ❑ (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III — Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No K (Not Applicable —please explain)
:F=n S l n LIE." L.L:
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 0 No (Not Applicable — please explain)
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III — Policies Pages 8 through 16 for evaluation criteria
Yes E No I:d (Not Applicable — please explain)
Attach additional sheets if necessary
Policy 5. Protect and .improve water quality and supply in the Town of Southold. See LWRP Section III
— Policies Pages 16 through 21 for evaluation criteria
Yes E No �(N'ot Applicable — please explain)
t'F 0 44r -r -L- C_ -T
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.
9yes D No F�j (Not Applicable —please explain)
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria. See Section III — Policies Pages; 34 through 38 for evaluation
criteria.
❑ Yes ❑ Nop"ot Applicable — please explain)
/ a o is G kc-,
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria.
Yes ❑ No ❑ (Not Applicable — please explain)
& 4 L5 44 -f r Ls c --T �
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation
criteria. nn
❑ YeO No X(Not Applicable — :please explain)
us
Attach additional sheets if necessary
WORKING COAST POLICIES
d
Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
Ed Yes 1:1 No �ot Applicable - please explain
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
0 Yes ❑ No Not Applicable - please .explain
r2 LorS 1 C>L-c- ►'i-1 1 to L 2 a Irl 1:E
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
❑ Yes ❑ No Not Applicable - please explain
.,.j MEMBERS
,ares Weisman, Chairperson
-,Eric Dantes
Gerard P. Goehringer
George Horning
Ken Schneider
. o��pF SOUr,�,o
h O
olyCOUM`i,�
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
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 20, 2013
ZBA FILE 6658
NAME OF APPLICANT: David Turner
PROPERTY LOCATION: 640 West Shore Drive, (adj.to Southold Bay) Southold, NY (S.C.T.M. 1000-80-1-47.1)
SEORA DETERMINATION:- The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 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.
LWRPDETERMINATION; This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local .Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated May 23, 2013. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards
and therefore is' CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: The property is located on West Shore Drive in Southold. The property'is
a non -conforming 11,820 foot parcel located in an R-40 District. It is improved with a frame dwelling and
accessory garage and shed. The property has 60.15 feet of water frontage on Southold Bay, 195 feet along the
eastern.property line, 60.04 feet on West Shore -Drive, and 197.00 feet along the western property line. as shown
on.the survey by Robert H. Fox LLS dated February 14, 2013.
BASIS OF APPLICATION: Request for Variance(s) from Sections 280 -116(B) and Article III, Section 280-15F
the Building inspector's April 29, 2013 Notice of Disapproval based on an application for building permit to
demolish existing single family dwelling, construct new single family dwelling and accessory garage at; 1)
proposed construction at less than code required bulkhead setback of 75 feet. 2) Accessory garage proposed in
location other than code required rear yard or in case of waterfront property may be located in front yard provided
it meets the principle setback.
RELIEF REQUESTED: The applicant requests variances to demolish an existing single-family dwelling,
accessory garage and shed and construct a new dwelling at 52 feet from bulkhead where the code requires a 75 -foot
,✓;`2013
..cttiter
,,iK O-1-47.1
r:
-1 minimum setback from the bulkhead. Additionally the applicant is proposing to build an accessory garage which
will be partially. located in a side yard where the code requires either a rear yard location, or in the case of
waterfront properties 'a front yard location meeting the principle front yard setback of 35 feet on the subject
property.
AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity
with the code. The applicant, on June 13, 2013, submitted a revised site plan increasing the bulkhead setback to
58.4 feet 4 .s and moving the proposed accessory garage 5 feet towards West Shore Road so that it is no longer in
the side yard, and thereby eliminating a variance and bringing the plan into more conformity with the codes.
ADDITIONAL INFORMATION: The neighbor to the East of the property spoke at the public hearing and in his
opinion granting this variance will allow the owner to improve his property by demolishing the existing structures
and building a new home and accessory garage, fixing the existing bulkhead and bringing the home into
conformance with other similar houses to the west and. east of his in, keeping with the character of the
neighborhood.
FINDINGS OF FACT/ REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on June 6, 2013 at which time written and
oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and
surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of amended relief will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Several of the neighboring properties have non -conforming
bulkhead setbacks and accessory garages in the front yard similar to what the applicant proposes. The applicant
also proposes to demolish a deteriorated dwelling, garage and shed and improve his property with a new dwelling
and accessory garage which is more in keeping with others that are similarly improved in the neighborhood.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than an area variance for the proposed accessory garage. The applicant can place his
accessory garage in a conforming front yard location, as applied for in the amended site plan, thereby making it
code conforming. Granting alternative relief for the bulkhead setback cannot be achieved without a variance
because the applicant proposes to use a portion of the existing foundation which has a non -conforming bulkhead
setback. However, the amended bulkhead setback is more conforming to the code and similar to others in the
neighborhood
3. Town Law 4267-b(3)(b)(3). The variance granted herein for the bulkhead setback is mathematically
substantial, representing 23% relief from the code. However the alternative relief increased'the bulkhead setback
by over 6 feet and a landscaped buffer will control run off from the slope of the bank.
4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
grant of alternative relief has addressed the concerns and has eliminated one variance. The applicant must comply
with Chapter 236 of the Town's Storm Water Management Code and install drywells, leader and gutters, and re-
build the existing bulkhead.
5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or 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.
No
-47.1
-Town Law 4267-b. Grant of the alternative relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new dwelling with an accessory garage while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-13, motion was offered by Member Eric Dantes, seconded by Member Goehringer, and
duly carried, to
DENY the application as applied for, and
GRANT ALTERNATIVE RELIEF as requested in the amended site plan showing drywells, the septic system
and the proposed accessory garage in a conforming front yard with conforming setback of 36 feet from West
Shore Road, and a bulkhead setback of 58.4 feet, which was prepared by David Turner Architect, P.C. labeled S-
100.00 and dated June 11, 2013 and architectural plans labeled A- 103 and A-104 dated April 9, 2013 prepared by
David Turner Architect, P.C. subject to the following conditions;
CONDITIONS:
1.) The house and accessory garage shall be fitted with leaders and gutters to manage storm water runoff and
drywells as shown on site plan.
2.) The applicant shall install a 10 foot wide landscape buffer along the top of the bank/ "top of slope."
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a
possible denial by the Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited
above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are
expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This
Resolution was duly adopted (5-0).
i
Leslie Kanes Weisman, Chayperson
Approved for filing6 bl /2013
Ag C-6 j Z
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Survey of Lots N
6, 7 and part of lot 8 we
+
Map of Reydon Shores, Inc. S o S
Map # 631 Filed July 2, 1931 (�
'
SCT# 1000-80-1-47.1 h'p
Town: Southold / c� .
Suffolk County, NY
Surveyed: 02-14-13eoo
Amended: 11,30-13
02-14-14,02-19-14 /
04-08-14
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MP bearing a licensed land surveyor's seal is a f�
violation of section J1 o4, sub-division 2, of the - Q
New York 5tote Education Law:'
"Only copies From the original this survey marked
with an origqinal of the land surveof yor's stamped
seal shall Be considered to be valid true copies"
"Certifications indicated hereon signlfy that this
survey was pr ared In accoronwith the ex-
isting Gode of Practice For dce Land surveys adopted
by the New York State Associotlon of Professional
Land Surveyors. Said .:rts icotians shall run oniy
to the person for whom the survey Is prepared,
Lod
on his beholF to the title-omfany, goverrenen-
tal agency and lendtnq lnstltutlon Istel hereon, and
to the assignees of tFa lending institution. Gertifico-
tlons are not transferable to additional Institutions
ROBERT H. FOX
NYS PLS# 50197
P0Box #366
Aquebogue
N Y 11931
NOTICE
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DAVID TURNER ARCHITECT, P.C.
450 SEVENTH AVENUE, SUITE 1907, NEWYORK, N.Y. 10123
(212) 594-0840 FAX (212) 594-1530
PROJECT
640 WEST SHORE DRIVE
SOUTHOLD, N.Y.
SHEET
SIDE ELEVATION &
FRAMING PLAN
SEAL AND SIGNATURE
DATE:
11-25-14
PROJECT No:
DRAWING BY:
M.M.
41Z
CHK BY:
DWG No:
A-1 01.00
"P, Ain. je�
CAD FILE No:
20F2
Terry, Mark
From: Toth, Vicki
Sent: Monday, January 05, 2015 2:51 PM
To: Terry, Mark
Subject: LWRP requests for February 5, 2014
RICK NAPPI #6828 - Request for Variances from Article XXIII 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
MARY A. HOVEY # - Request for Variances from Aicle III Section 280-15 and Article XXII Section 280-
116B and the Building Inspector' ctob r 31 14 Notice of Disapproval based on an application for
building permit for `as built' acce ry n shed, at; 1) less than the code required minimum rear
yard setback of 10 feet, 2) less tha de required bulkhead setback of 75 feet, located at: 4500 Ole
Jule Lane (adj. to a canal) Mattituc CTM#1000-122-4-32
860 BAYVIEW DRIVE LLC # 9 -JR,est for Variance from Article XXII Section 280-116B and the
Building Inspector's Septemb renewed December 15, 2014 Notice of Disapproval based on
an application for building per struct a deck, at; 1) less than the code required bulkhead
setback of 75 feet, located at: 86ew Drive (adj. to Spring Pond) East Marion, NY. SCTM#1000-37-
5-7
TIMOTHY and GEORGIA QUINN # -'Request
Article XXII Code Section 280-116 and the -13
Disapproval based on an application for bu
location other than the code required rear y
top of bluff, located at: 63165 County Route
NY. SCTM#1000-40-1-14
Varia es from Article III Code Section 280-15 and
ing I pector's November 12, 2014 Notice of
g p it for accessory in -ground swimming pool, at; 1)
2) ss than the code required 100 foot setback from
North Road) (adj. to Long Island Sound) Greenport,
LEWIS TEPERMAN #6826 - Request for Variance from Article XXII Section 280-116 and the Building
Inspector's September 29, 2014, renewed December 9, 2014 Notice of Disapproval based on an
application for building permit to reconstruct a deck, at; 1) less than the code required bluff setback of
100 feet, located at: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM#1000-
21-2-16
DAVID TURNER #6830 - Request for Variances from Article XXIII Section 280-124 and the Building
Inspector's December 5, 2014 Notice of Disapproval based on an application for building permit for
additions and alterations to existing single family dwelling, at; 1) less than the code required minimum
single side yard setback of 5 feet, 2) less than the code required minimum combined side yard setback
of 25 feet located at: 640 West Shore Drive (adj. to Southold Bay) Southold, NY. SCTM#1000-80-1-47.1
Vicki Toth
Zoning Board of Appeals
Town of Southold
631-765-1809
631-765-9064 (fax)