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1000-56.-5-25
OFFICE LOCATION: �OF SOUryO MAILING ADDRESS: Town Hall Annex '`� l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) eis ,r S �pQ Telephone: 631 765-1938 Southold, NY 11971 'roUNTI,� ' 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 March 28, 2016 Re: Coastal Consistency Review for ZBA File Ref JONATHAN TIBBET#6937 SCTM# 1000-56-5-25 JONATHAN TIBBET#6937 - Request for Variances from Article III Section 280-15F and Article XXIII Section 280-124 and the Building Inspector's January 27, 2016 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at; 1) proposed in location other than the code required rear yard or front yard on waterfront property, 2) more than the maximum code allowable lot coverage of 20%, located at: 185 Willow Point Road (adj. to dug canal) Southold, NY. SCTM#1000-56-5-25 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 action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following is required. 1. To further Policy 6, the establishment of a vegetated, non-turf buffer that integrates existing vegetation. It is recommended that the width match the buffer on the property to the east. 2. Clarify where the pool de-watering well is located. 3. Clarify the depth to groundwater so that the pool and drywells can be engineered accordingly. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney BOARD MEMBERS ®F S®(/j, Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQl® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesi[ Office Location: Gerard P.Goehringer G @ Town Annex/First Floor,Capital One Bank George Homing '��p �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider couff ,e� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS D E C E U E TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 FEB 2016 February 19, 2016 Southold Town Planning Board Mark Terry, Principal Planner LWRP Coordinator -Planning Board Office Town of Southold b 0- Town Hall Annex O\VJ� �o� s Southold,NY 11971 JJ\� Re: ZBA File Ref. No. #6937—Tibbett, Jonathan CCD " Dear Mr. Terry: We have received an application for construction of an accessory swimming pool in Southhold. 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: Encls. v� '•A a ^". �,�t1 _i � l t e�t•!�� a Nom.. �' 1q•,�, w? ;� � r • '�. • d , f air M •� j 4 TIBETT 185 WILLOW POINT RD SCTM: 1000-56-5-25 -- - , ! Y e , r ! 1• ti off! 04 v S®1J1° ® ® POPEttlRE` � C 6Y6 W R ta STREET VILLAGE DIST. SUB. LOT 3 tc ,FORMER OWNERi c /Q 5` N E ACR. ^ S W TYPE OF BUILDING e I a � s /. F � ,moi 'f RES.L rO SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1111, /17 spy-�' /�� � .soU ,,gid v 7 � ( WI71 ��� ��� % � � 35�, 0 � /�i6/7� „3 o =U )c� �' ` 0 0 //�G�� �-- �� ✓t�7 � ( tti d— V 2i()u G Ioc�, ocy�T r" r! rn aL•L-etr _�6 ass 360q.000 3 8 r�1 CSP` 1 fir/ 3 D v �1' Ci c�►� 1":� z ,/ g a o QPM 3 6 a �'a�n r�.tte�ra,,'-►dr� AGE BUILDING CONDITION ��w NORMAL BELOW ABOVE FARM f Acre Value Per Value Acre Tillqble FRONTAGE ON WATER 3 Woodland FRONTAGE ON ROAD /6 p Meadowland 'DEPTH- House DEPTH-House Plot BULKHEAD Total DOCK ;r SCT!l�I�# r TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET �rj VILLAGE DIST: SUB. LOT Z 3 -T, w k 1 ) 0 w Pf fej soc t`H-) f a1 S vi I u ow ACR. , 411 REMf-2312-10-1-- 1 Z�ozZ ZZ�' _ 1 t� �Q ��S oL TYPE OF BLD. PROP. CLASS Z LAND IMP. TOTAL DATE zz ov 9 0o 11 mo d FRONTAGE-ON WATER HOUSE/LOT BULKHEAD TOTAL APPEALS BOARD MEMBERS o�OSUFfat Southold Town.Hall Gerard P.Goehringer,Chairman o� Gym 53095 Main Road James Dinizio,Jr. co P.O.Box 1179 O Southold,New York 11971 Lydia A.Tortora LZBA Fax(516)765-9064 Lora S.Collins George Horning 1 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30f 1998 Appl. No. 4602—CLIFFORD AND RUTH CORNELL 1000-56.5-26 STREET&LOCALITY: Lot #24 at Willow Point, 325 Willow Point Road, Southold DATE OF PUBLIC HEARING; September 24j, 1998 f7NDMGS0FFACr RROPERTY FACTSIDESCRIPTION: The above-referenced property is located along Willow Point Road with frontage along an underwater canal (Budd's Pond), Southold. The June 5, 1998 survey map prepared by Joseph A. Ingegno, L.S. shows that the property size is 18,216.04 sq. ft., or .418 of an acre in size (to the filed map line). The property is Improved with a one-story frame house with attached garage, sunroom and wood deck areas. Accessory in-ground swimming pool and gazebo structures exist in the rear yard (north of the dwelling). The property has 110.04 ft. of bulkhead, and a wood retaining wall near the northerly edge of the in-ground pool/deck areas. ASIS OF P L• Building Inspector's September 4, 1998 Notice of Disapproval with respect to the "as built' 2.8 ft. setback, and two other Notices of Disapproval dated July 28, 1998 with respect to lot coverage and Section 100-33. (Note: Section 100-244B for nonconforming lots). AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant has applied for a building permit for the"as built"78 sq. ft. accessory gazebo structure which is located in the northeasterly yard area, at a set back of 2'9" from the side property line, instead of the minimum 3 ft. required by Code. Also requested is a total lot overage of 4,289+- sq. ft. calculated for all building area, which is confirmed by the Building Inspector to be 646 sq. ft. over the allowable 20% (31643 sq. ft. + 646 sq. ft. = 4,289 sq. ft.). The total lot size is 18,216 sq. ft. Page 2 - September 30, 1998 Appl. No. 4602: 1000-56-S-26 (Cornell) Southold Town Board of Appeals � REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable--change in character of neighborhood or a detriment to nearby properties because the gazebo is a small decorative structure with open sides located in the rear yard. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the swimming pool was built in 1977 and the decks were built in 1983, all In accordance with permits issue by the Town Building Inspector. Requiring the removing of enough of the existing structures to bring the total lot coverage down to 20% is not feasible. In addition, requiring the applicant to move the gazebo three inches to meet the side yard setback is not necessary because the structure is located in the rear yard where three inches will not be noticed. (3) The requested area variance is not substantial. The gazebo will add 78 square feet, less than two (2%) percent, to the total lot coverage. (4) The situation is self-created. (5) In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the .neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDITION that the lot coverage not exceed 23.6% (or 4,289 square feet) at any time now or in the future. VOTE OF THE BOARD: AYES: MEMBERS GOEHRIN ER, DINIZIO, TORTORA, COLLINS, AND HORNING. This Resolution was duly e-d -0). GERARD P. GOEHRIN , 10/r/98 RECEIVED AND FILED BY Approved for Filing THE SOUTHOLD TOWN CLERK **#************************** DATE/"/61- ,98rx0U11 /•'oa-zi4 1000-56-6-26 Town Clerk, Town of Southold BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��Of SoUjyOlG 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing ,mac • y0 54375 Main Road(at Youngs Avenue) Ken Schneider COU Ni'(� Southold,NY 11971 http://southoldtown.noithfork.net RECEIVED ZONING BOARD OF APPEALS 1 M . 13 TOWN OF SOUTHOLD OCT'J2 3 2013 Tel.(631)765-1809-Fax(631)765-9064 5tho1 1 Z C er FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 17,2013 ZBA FILE:6689 NAME OF APPLICANT:Johnny Donadic PROPERTY LOCATION:325 Willow Point Road,(adj.to a canal)Southold,NY SCTM#1000-56-05-26 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 22, 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The parcel is 18,217.38 square feet in an R40 district. The parcel fronts Willow Point Road for 148.92 feet,the eastern boundary is 127.44 feet,the western boundary is 148.73 feet and the northern boundary,which is bulk-headed at a canal,for 110.04 feet.The parcel is improved with a one story frame- stone-vinyl residence,an in-ground swimming pool and floating docks with metal landing and ramps. All as shown on the survey of the parcel prepared by Elizabeth G. McQuilkin,L.S., dated January 31,2011,last revised July 31, 2013 and August 21,2013 to add Proposed additions and Lot Coverage. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(8)and Article XXIII Code Section 124B and the Building Inspector's August 14,2013,amended August 23,2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: l)proposed construction at less than the code required bulkhead setback of 75 feet,2)more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests a variance to construct alterations and a second story addition to the existing dwelling at 39.6 feet from a bulkhead where the Code requires a minimum distance of 75 feet. Page 3 of 3—October 17,2013 ZBA#6689—Donadic SCTM#1000-56-5-26 Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider; Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing /2013 FORM N0. 3 � 1 � 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 14, 2015 TO: Patricia C. Moore, Esq. (Tibett) RENEWED: January 27,2016 51020 Main Road AMENDED: January 27,2016 Southold,NY 11971 Please take notice that your application dated August 3, 2015: For permit to construct an accessory swimming pool Location of property: 185 Willow Point Road, Southold,NY County Tax Map No. 1000 - Section 56 Block 5 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 17,918 square foot lot in the Residential R-40 District is not permitted pursuant to Article III, Section 280-15,which states; in the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts,accessory buildings and structures or other accessory uses shall be located in the required rear yard. The proposed accessory swimming pool is located in the side yard. ; In addition,addition,theproposed construction is notpermittedpursuant to Article XXIII Section 280construction is not permitted pursuant to Article XXIII Section 280- 124, non-conforming non-conforminglots,which states; lots containing than 20,000 sq. ft. are permitted which states; lots containingless than 20,000 sg. ft. are permitted maximum lot lot coverage of 20%of 20%. N The site plans shows the lot covers a at 1 .72%. Amended to reflect plan received on cra 27, 2016. Authoriz Signa Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC:file, Z.B.A. fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 185 Willow Point Road Hamlet Southold SCTM 1000 Section 56 Block 5-Lot(s)25 Lot Size 17,918 sq.ft.Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 27,2016 BASED ON A MAP January 22,2016 prepared by Andrew V. Giambone&Asssociates,Architects Applicant(s)/Owner(s): Jonathan Tibbet Mailing 185 Willow Point Road,Southold c/o Pat Moore 765-4330 Fax#: 765-4663 Email: pcmoore(a,moorea . s.com 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: Patricia C.Moore Esq. for(X) Owner,,or ( ) Other: _ Agents Address: 51020 Main Road,Southold NY 11971_ Telephone 765-4330 Fax#: 765-4643 Email: pcmoore(anmooreattys.com Please check to sped who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 7-14-15 and DENIED AN APPLICATION DATED August 14,2015 FOR: Building Permit(Area Variance for re-subdivision of Paradise Point lots) ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) (1)Article XXIII,Section 280-124 lot containing less than-20,000 sq.ft.are permitted maximum 20%lot coverage-proposed 21.72% (3)Article III,Section 280-15 pool in side yard 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, X has been made at anytime with respect to this property UNDER 578010/27/05 Existing deck 6"above grade(Please be sure to research before completing this question or call our office for assistance.) Name of Owner:Jonathan Tibett ZBA File# REASONS FOR APPEAL(additional sheets may be used with prenarer's signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Map of Willow Point was developed in 1966, the applicant's parcel consists of Lot 23 of the subdivision. The proposed pool is conforming to the zoning setback. The depth of the lot to the bulkhead is only 148' & 168' the proposed location of the pool is pushed away from the bulkhead which results in the location to be to the "side" of the existing deck which received a variance in 2005. The pool size has been significantly reduced to the minimum practical size for the family. The maximum 20% lot coverage is only 1.72% over the limit. Willow Point subdivision has numerous variances granted over the years. The adjacent property was granted two lot coverage variances. The first variance in 1998#4602 for the as built gazebo. The Board granted minimal varince for less than 2% over the 20% lot coverage. In 2013 the Board granted a larger variance allowing 22.969% lot coverage. The subject variance is less than 2%, what the Board described as "minimal' in 1998. The proposed pool will not alter the character of the neighborhood. Adjacent neighbors similarly have swimming pools in their rear yard yards. (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: The owners have eliminated a very useful shed in order to meet the 20% lot coverage. The patio remains on grade. The dimensions of the proposed pool have been made the minimum feasible for the family to enjoy and with a custom design to limit lot coverage. (3) The amount of relief requested is not substantial because: The proposed pool, requires only 21.72% is substantially in compliance with the code. This variance is de minimis. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ir The house is protected from flooding or erosion by the bulkhead. Moreover,the man made canal causes no erosion'or flooding. The proposed location of the pool is no closer than 50' from the bulkhead, at a safe and reasonable setback. This board has approved similar variances within this neighborhood. See attached list (S) Has the alleged difficulty been self-created? (X )Yes, or ()No The pool is pushed away from the bulkhead which causes the pool to be located in line with an existing attached deck which was approved by the Board,therefore the pool is technically in the "side yard. Construction of the minimum sized pool can not be constructed without a variance for a "side yard". The applicant would move the pool closer to the bulkhead, however, at the time we began this application the setback from the bulkhead would have required a variance. Covenants and Restrictions concerning this land. No Yes (please furnish copy). Attached This is the MINIMUMthat 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. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) &—;--ature'of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to bef re me thi day �"` _ ) lQ LA BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coun l Commission Expires July 18 l APPLICANT'S PROJECT DESCRIPTION APPLICANT: n-c UhC-t DATE PREPARED: IS— 1.For Demolition of Existing Building Areas Please describe areas being removed: .31te6 . ( 102. O 1 5v�) H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/1A Dimensions of new second floor: U J A Dimensions of floor above second level: n(/A Height(from finished ground to top of ridge): NJ(A Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: N1 7\ M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ll[(S�1/1/lG �c9 � Gw� d-ems-� ���_ ,�a ➢ 1!h.eE�rS�.. Number of Floors and Changes WITH Alterations: r 7 LA QAnj I br r*8 or " -- nld G4g2 `I'o o uc-V 10-9 wocd deC�k-- . IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: J '7+ qI g My. Percentage of coverage of your lot by building area: V.Purpose of New Construction: t Ylci�u v,el s7 i �-►,r,n<r`nG Ori Q cogr �tR tiro[tea J 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): Lk 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? _ CZNo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 17 ukVkWkA 2.)Are those areas shown on the survey submitted with this application?__)(4gs _ 3.)Is the proerty bulk headed between the wetlands area and the upland building area? S 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? eS Please confirm status of your inquiry or application with the Trustees: —['P_5V 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? )JC' E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? kto 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? ' l�If yes,please submit a copy of your building permit and urvey as approved b . the Building Department and please describe: 0_(+,r'G,t w, ` Gnf Vj�1. D1 G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes,please label the proximity of your lands on your survey. I. Please listpresent use or operations conducted at this parcel 4(pu-' _ dL L?. and the proposed use 1 n i (ex:existing single family,proposed:same with garage, 1 or other) Authorized signature and Date TOWN OF SOUTHOLD 'q BUILDING DEPARTMENT 3 TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE-SET OF APPROVED PLANS_ AND SPECIFICATIONS UNTIL FULL_CO_MPLETION OF THE WORK AUTHORIZED) Permit#: 40213 Date: 10/2612015 Permission is hereby granted to: Tibett, Jonathan Smithtown, NY 11787 To:: construct additions and alterations to an existing single family dwelling as applied for. At premises located at: 185 Willow Pt_Rd,.Southold,,,�=__-- SCTM #473889 Sec/Block/Lot# 56.-5-25 Pursuant to application dated 10114/20.15 and approved by the Building Inspector. To expire on 4126/2017. Fees: - - --- --— - _____ - - SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $992.00 CO -ADDITION TO DWELLING $50.00 Total: $1,042.00 .04ing In* FORM K0. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N Y. Certificate Of Occupancy No.Z4405. . . . . . . Date . . . . . . . . . . pQt . . . .5. . . ., 19 1. . THIS CERTIFIES that the building located at dJ3.•low.?air. ?oad • • • • Street Map No.41101T Pt Block No. . . . . Lot No. . 2 conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . .AprAl . . .16 , 19 71. pursuant to which Building Permit No. .52W/,. dated . . . .. .,Lpr.11,. 16. . , 19 7-1., was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy for which this certificate is issued is r�-VatP. .QUO.f=:Uy. .dW.0X11.ng. . . . . . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . The certificate is issued to . Gearge. 'aornauer. . . . .014ner . . . . . . . . . . . . .. . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . .August 1.0.19.71 .by R,. Viiia a House # 185 Building Inspector ` FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17519 Date NOVEMBER 16, 1988 THIS CERTIFIES that the building RENOVATION & ADDITION Location of Property 50 WILLOW POINT ROAD SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 56 Block 5 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 31, 1987 pursuant to which Building Permit No. 16415-Z dated SEPTEMBER 1, 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued isRENOVATION & ADD. TO EXISTING ONE FANCILY DWELLING AS APPLIED FOR The certificate is issued to RICHARD NASS (owner, XXXXXXXXXXXXK M) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - NOVEMBER 7, 1988 PLUMBERS CERTIFICATION DATED JULY 1, 1988 - HENRY J. SMITH & SON, INC. Building Inspector Rev. 1/81 'r FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 217596 Date DECEMBER 14, 1988 THIS CERTIFIES that the building DECK ADDITION Location of Property 50 WILLOW POINT ROAD SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 56 Block 05 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEB. 5, 1988 pursuant to which Building Permit No. 16743Z dated FEB. 17, 1988 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 DECK ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to RICHARD NASS (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE N0. N/A PLUMBERS CERTIFICATION DATED N/A Z.B.A. APPEAL #3696 Building Inspector Rev. 1/81 d FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31713 Date: 07/28/06 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property: 185 WILLOW PT RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 56 Block 5 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 5, 2005 pursuant to which Building Permit No. 31360-Z dated AUGUST 12, 2005 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 ADDITION & ALTERATION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5780 DATED 10/27/05. The certificate is issued to RICHARD & SUSAN KUBIAK (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2082347 05/30 06 PLUMBERS CERTIFICATION DATED 11/22/05 JOHN W. REICHERT t ri ed si6nature Rev. 1/81 1" t o�o5�FF0IK�o� Southold Town Board of Appeals �' ►01 r��� MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.1., N.Y. 11971 TELEPHONE(516)765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3696 Application Dated November 10, 1987 TO: Mr. John A. Bertani , Builder [Appellant(s)] for RICHARD NASS 1380 Oakwood Drive Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on January 11 , 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town 'Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 ( J Request for Application of RICHARD NASS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal , at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District 1000, Section 56, Black 5, Lot 25. WHEREAS, a public hearing was held and concluded on December 10, 1987 in the Matter of the Application of RICHARD NASS under Appl. No. 3696; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: i . The premises in question is located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 5, Lot 25. 2. The subject premises contains a total area of approximately 18,000 sq. ft. with frontage of 100± feet along the north side of Willow Point Road and frontage along Budd' s Pond (canal ) of 132 feet. The subject premises is more particularly known as Lot'#23 on the approved Subdivision Map of Willow Point of June 16, 1966, Map #4652. 3. The subject premises is improved with a 11--;story frame, single-family dwelling as shown on the June 16, 1987 copy of a survey prepared by August Nappi , Northport, NY, certified to George and Ruth Dornauer, scaled out to 42± feet from the front property line and 64± feet from the existing bulkhead. (CONTINUED ON PAGE TWO) DATED: January 25, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) X71 ' Piige 2 - Appl . No. 3696 { Matter of RICHARD NASS Decision Rendered January 11 , 1988 4. By this application, appellant requests a Variance under the Provisions of Article XI, Section 100-119.2(6) of the Zoning Code for permission to construct a new open-wood deck construction at the north side of the existing dwelling of a size approximately 30` by 10 feet as shown by the sketch submitted with this applica- tion and leaving an insufficient setback at not less than 54 feet from its closest point from the existing bulkhead. 5. Article XI, Section 100-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary hi hwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering at least the following: (a) the relief requested is not substantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance requested shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 7. It is the opinion of this Board as follows: (a) the relief requested in relation to the requirements is substantial ; however the relief requested in relation to the existing nonconforming setback as applied is not substantial ; (b) similar setbacks are established in the immediate area; (c) the circumstances of the property are unique and the circumstances are not personal in nature, particularly due to the nonconforming lot size, width, setback from bulkhead; (d) the variance if granted as applied would not in turn be adverse to the safety, health, comfort, convenience, or order of neighboring properties; (e) there will not be an increase in population density thus created by this variance, (f) there is no other method feasible for appellant to pursue other than a variance; (g) the relief requested is the minimal necessary and is not unreasonable; (h) that in view of all the above factors, the interests of justice will best be served by granting the relief, as condi- tionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis , it was RESOLVED, to GRANT a Variance for the construction of the Plage 3 - Appl . No. 3696 ■ Matter of RICHARD NASS Decision Rendered January 11 , 1988 open-wooden deck construction, as applied in the Matter of the Application of RICHARD NASS under Appl . No. 3696, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Deck not exceed a total 30' wide by 28 feet deep, or extend further than 10 feet from the rear edge of the dwelling as exists [as applied]; 2. Nearest setback from the bulkhead for the proposed deck be not closer than 54 feet [as applied]; 3. The deck construction remain open and unroofed [as applied], 4. Any and all outside lighting shall be shielded to the property (similar to a mushroom-type shield) and not adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was duly adopted. I � GERARD P. GOEHRINGE , CHAI N ECEIVED AND FILED BY THE SO/UTIIOLD TOW14 CLERK DATE //3&A S' HOUR a'10 Town Clerk, Town of Southold 0�S17U Southold Town Hall APPEALS BOARD MEMBERS Ruth D.Oliva.Chairwoman 53095 Wain Road•P0.Box 1179 Gerard P.Goehringer Southold.NY 11971-0959 Vincent Orlando v, Office Location: James Dinizio.Jr. • AO Town Annex/First Floor.North Fork Bank Michael A. Simon if 51375 Main Road tat Youngs Avenue) co Southold.NY 11971 ht tp://southoldtoa,n.northfi)rk.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED � d� Tei.(631)765-1809•Fax(631)765-9064 3"/s-�« V011 4 7105 FINDINGS, DELIBERATIONS AND DETERMINATI H • yj MEETING OF OCTOBER 27, 2005 t►nc�►�ti town clerk ZB File No. 5780—Dr. and Mrs. Richard Kubiak Property Location: 185 Willow Point Drive, Southold CTM 56-5-25 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 17,918 sq. ft. parcel has 100 feet along the north side of Willow Point Road in Southold, and is improved with a two-story frame house with attached garage,and accessory shed,as shown on the March 29,2004 survey, amended Octo- ber 3, 2005 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's August 12, 2005 Notice of Disapproval, citing ZBA Condition rendered under Appeal No. 3696 for disapproving the application for a building permit. The ZBA stated that the deck construction shall remain open and unroofed (Matter of Richard Nass as requested), and this is a request for a new 16' x 18' one-story addition within the footprint of that deck. The appeal filed in January 1988 under File No. 3696 involved a request for a setback variance, under Section 100-119.2 (renumbered to 100-239.4) concerning open deck construction at less than 75 feet from the wood bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 20, 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 s wish to construct a 14.9' x 17.4' one- story addition, replacing a section of the open, unroofed deck area, as shown on the October 3, 2005 amended survey prepared by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: • Page 2—October 27,2005 ZB File Ref.5780—R.and S.Kubis CTM 56-5-25 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants s propose a single-story addition in place of a 14.9'x 17.4' deck area, restricted as applied for 1/11/1988 as `open to the sky." The remaining deck area will continue to remain open to the sky and is not proposed to be altered or enlarged. The new addition will be of the same style as the applicants 's home, and will be located at the same setback as the former deck, without further extending into a side yard of the home. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. Although the proposed one-story addition is located at less than 75 feet from the wood bulkhead, the new construction will square off the northeast corner of the home and will maintain the same lines of the dwelling that exists without further extending into the yard adjacent to the canal. 3. The variance granted herein is not substantial. 4. The difficulty was self-created in respect to the appeal filed in January 1988 for a variance under Section 100-239.46 (previously 100-119.2)under File No. 3696 concerning construction at less than 75 feet from the wood bulkhead. 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. In addition, the Board of Trustees Permit No. 6135 was obtained by the applicants on or about May 18, 2005 concerning this new construction. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants s to enjoy the benefit of an addition replacing a section of the existing deck, 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 Dinizio, seconded by Chairwoman Oliva,and duly carried, to GRANT the variance as applied for, as shown on the October 3, 2005 amended survey prepared by Peconic Surveyors, P.C. and elevation drawings dated August 15, 2005 prepared by James E. Fitzgerald,Jr. 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), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolutio as duly adopted(4-0). Ruth D. Oliva, Chairwoman 11/y /05 Approved for Filing AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This fora:must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:��n 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): Scz-TA-4. 4. Address of Land Owner: 5. Description of Proposed Project: rAYYPU/f I h,Mt,� 6. Location of Property:(road and Tax map number) }ODf7 — S( — OS— 9, 7. Is the parcel within 500 feet of a farm operation? { } Yes {/No 8. Is this parcel actively farmed? { }Yes �6 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. z e 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature 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. TIBETT SCTM: 1000-56-5-25 AG LIST BASILIO&MARIE ESPOSITO 8635 N. BAYVIEW ROAD SOUTHOLD NY 11971 SCTM: 1000-56-5-13 TODD &KAREN KRUKOWSKI 60335 RTE 25 SOUTHOLD NY 11971 SCTM: 1000-56-3-13.2 ANGELA NORTON 610 POND AVENUE SOUTHOLD NY 11971 SCTM: 1000-56-3-13.3 617.20 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 l based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project � t_YJ Cd_ �O b 1��-�.o.M, t Project Location(describe,and attach a location map): f $S WC��oceo�orv�-�- �o cct , z o�c� Brief Description of Proposed Action: ilkc rov��c1 �o so (v'ohn btu-V��t¢cec� I6 s[CL- 0,YJ (L 44-k t"coocci Name of Applicant or Sponsor: Je -�-r_ Telephone: �( " d -7&5-,if-3 D a v►� iLV►�l 1 t �'J - E-Mail: (j bC7mcofeafkb-a rn Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: �L) ❑ �, 3.a.Total acreage of the site of the proposed action? ij_ -acrd` 1 b.Total acreage to be physically disturbed? estop s�—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 esidential(suburban) ❑Forest ❑Agriculture El Aquatic []Other(specify):, ❑Parkland Pagel of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ©' b.Consistent with the adopted comprehensive plan? ❑ El 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`aotion located in,or does it adjoin,a state listed Critical Environmental Area? NO YES' If Yes,identify: F1 EJ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES LN-J._ ❑ ' b.Are public transportation service(s)available at or near the site of the proposed action? t IA c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed actidfi?' ❑ '❑ `9.Does the proposed action meet or exceed the-state energy code"requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: T 10. Will the proposed action connect to an existing public/private water supply? NO YES i If No,describe method for providing potable water: - - ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES' If No,describe method for providing wastewater treatment: © ❑; 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? Le— b.Is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ X. 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: Ind 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: [Shoreline El Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed 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 F1 W 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO. VES_ If Yes, ^ ❑ a.Will storm water discharges flow to adjacent properties? rM NO []YES b.Will storm water discharges be directed to established conveyance systems,(runoff and storm drains)? If Yes,briefly describe: LAJ AYES 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 purpose and size: © F-1 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: - ❑ 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. (� ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spon 7cp O - Date:," 7/5 — 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?" - No,or Moderate small to large `impact impact may may ,occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ El of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or El El 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 No,or Moderate small to large impact impact i 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? TI Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part Z 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. Town of Southold-Board of Trustees Name of Lead Agency Date President 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) PRINT Page 4 of 4 Jonathan S. Tibett 20 Stony Hill Path Smithtown NY 11787 July 7,2015 Patricia C.Moore 51020 Main Road Southold NY 11971 Dear Ms.Moore: I,Jonathan S. Tibett. owners of property located 185 Willow Point Road, Southold,New York(sctm: 1000-56-5-25) hereby authorize you to act as my agent regarding any and all applications with the Town of Southold Zoning Board,Trustees,Planning Board, Suffolk County Board of Health, and any other agencies. Ve truly yours, J nathan S. Tibett APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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: TIBETT,JONATHAN S. AND MOORE,PATRICIA (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 or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 yihich the Toyn officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date anIsibe owwhere indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 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 dayof O 1 J Signature: Jo athan I Shicia t.Moore LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 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 proposed construction of an in-ground pool SCTM#1000- 56-05-251 Willow Pint Road, Southold The Application has been submitted to (check appropriate response): Zoning Board of Appeals_X Town Board Planning Dept._Building Dept._Board of Trustees X 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: proposed pool Location of action:185 Willow Point Road, Southold Site acreage: 17,918 sq.ft. Present land use: residential-existing structures Present zoning classification: r-40 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: Jonathan Tibett (b)Mailing address:185 Willow Point Road, Southold (c)Telephone number: Area Code( ) c/o Pat Moore 765-4330 (d)Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes No X 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 dverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. X Yes No Not Applicable proposed swimming pool enhances the community character and value to the neighborhood 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 X 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 X Yes No Not Applicable The improvements to existing dwellings enhances the visual quality of the property, and has no impact on the scenic resources. 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 X Yes No Not Applicable proposed house is landward of bulkhead without threat from flooding and erosion. The proposed swimming pool is landward of a bulkhead. There is no threat of flooding or erosion. 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 No Not Applicable X 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. X No X Not Applicable proposed swimming pool is landward of a bulkhead,no impact on fish and wildlife Attach Policy 7.Protect and improve air quality in the Town of Southold. See LWRP Section III-Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable 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 X Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes No X Not Applicable lower platform landward of bulkhead 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 X Not Applicable Existing 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 LVW Section III- Policies; Pages 57 through 62 for evaluation criteria. Yes No X 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 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 X Not Applicable } gas ti TIBETT 185 WILLOW POINT RD iii all .t J• f.Yt i° I ; I i i SITE DATA j — fl-ki w R-40 wtret(Torn a S t ld-3entg cede) 1 a Taz Nape 1000-•b0r 25 - �sIDERce / 1t1 / -�'W x Lar 40000 a f 11,91a eP BOTH 150 fL 995 ft LOT DB�f11 175 ft IWO ftRE'f' I \ / �a�• fALL ' ANDREW V. Fi+OtR YARD so PL 4009 fL 1 FRO YARD Eft 1130 ft / 10-01 ` ,m -""Y'E E4�,8 BOTH SIDE YARDS 55 ft 3515 ft p ry b REAR YARD 75 ft 5179 ft / 1 ST a, (�3, 6 , GIAMBERTONE PO s°" 50DOft I ft *ARCHITECTS FAVMMo � n i — l & ASSOCIATES uvaa�ftDoR AREA aso eP a,faaba e! 1 � — � / a � EULDIN9 NEIGH 35 ft W"W" i •ARCHITECTS• OeASLRED FROM AV6 6RADE To MIDPo1Hr OF ROOF) 62 Elm street 1 LOT COVERAGE CALCULATIONSdeo• I �-/ / .Huntington,NY11743 rorAL for AREA, n.9t6 eP. ' I �f 1BgOK�' �b I I / m 1 l r� ZONE AE T Telephone:631.367.0050 913174 e! — 513114.! D I (EL 6) f ®® ' D Fax:631.367.6636 -E2Q1° 0 Of 41200 e! 422DO of V D \ Es•6 RAOK vrix 346 — 348 e! ° _�� ;;vru / I GiambertoneArchitects.com vrc++c nsn 10261 RM42VED 011 V/ RAISED 61 CI ABOVE S TOTAL for<1JHil5E(el) 9,69174 eP r, �, e=weaiF U PL.A7FOW4 ' IVO ' / 11'-109/4° OO ' F"M w RESTORY ZBY.E I/ 74 OF LOTCOJt3iA6E m% 972%•• / PASM I �,r r---- ------------ -- -'--'--'------i ••5B9I74 e!/17,SIa.!•02173x100.973% Q ' / 0 / / @b�� FF BN WB' 03 4RW DATA°BTAMED FROM DRAWING PREPARED 9Y ZONE x II • ' RECL1 9�jBp,OK Tibett Residence PEC*UC 50RVEYORS,FO 56105G0155H\ p =70ORAY Ht S,Rffr \ PA DR6 I I / �'- • 185 Willow Point Rd. ("V 765.50.30,FA%(650 765-1791 ! E;0.-O. q I 1 DATED.AMM 7,205-DK5609-I25 EXIS Southold,NY PAVHLS / / / 16' o / \ p i 1v ® I `F�OsnN6 A�lPJ.r 10-06-2015 I—rdtrBldg rexmrt ----- -----I YX ,n O ORNMAY KM 1 O49 BLESTOfE VAO TO 0t-222016Iemcd f T ZRA(I'non_------ _ / \ POOL m 02-11-2016 Added Pool Secnon&Issued for ZBA —; \ OL 1 ' I 14'�✓6' I 1 \ / \ 005T6 FLA&Pale T Avg. Grade "°'2°� fv BE T° FM OOtG FAD \t 6 \ FOR POOL FflIJIP AC<ZR<37 • l 6 6Ef�tATOR AGfFESORY SCALE 1"=20' STT447uRE SErBKM NOS AVERAGE GRADE 9� { LOGAnoH imsnN66RADE ELEVATION •A• .of, Site Plan 0 �• a87' SCALE 1"=10' _—___ _ _ __ _ 7a' a 69' TOTAL •551' `I:lj1;• a 551',4(o OF LOOATIOR5)-•679' Issued for ZBA, AVERAbE GRADE ELEVATION•.619' �Qy cop",hilt-- -_- - --0 2015 AVGA� . 9 F� PUNr<r ,u rvx nu unIDitTuau jvr fnx mtm•. I } � "� "' } - ry�' P4mcd Ttwda,,Tebwryll}pifi-16.7Rm e1-emmn ,Q �OONG WALLS WITH VMYL LlNeii - -0 - 11�, lac L\.1VGACamnlaM\AYG.1Dn�pod Pmµm\TbmNcdmccCwmMi W Site Plan i Pool Section A-A SCALE 1/4"=1'-0" '--------------------� ic..(.C. as noted CIS t SP. i SITE DATA Residence R-40 District(Town of Southhold -Zoning Gode) I ` Tax Map# 1000-56-05-25 1 RESIVEN6 REQUIRI=D PROVIDED I 1 k•lrTr LOT AREA 40,000 s.f. 17,918 81. LOT WIDTH 150 ft. .1Q.5 ft. X 8 DRAINA6e € LOT DEPTH 1-5 ft. 148.73 ft. SETBACKS ` �"�/ 5 0101C201, 'o'X2On AN D R EW Ve FRONT YARD 50 ft. -40.Oa ft. I SIDE YARD 15 ft. 11.30 ft. _ BOTH SIDE YARDS 35 ft. 33.13 ft. REAR YARD 75 ft. 57.74 ft. / �� GIAMBERTONE (PROM BULKHEAD) r POOL 50 ft. 50.00 ft. yam_ -_ --._ WOpD RAJ; � & ASSOCIATES LIVABLE FLOOR AREA 850 s.f. 4,434.64 s.f. I 101-011y m M6e l=,act„_,- ' WILDING HE16H7 35 ft. 30.bb ft. l 0 ''''SVT' (MEASURED FROM AVG. / Q N " 10 146' *ARCHITECTS 6RADE TO MIDPOINT OF ROOF) EXISr6. ism � 8 Q" o 1 / 62 Elm Street LOT COVERAGE CALCULATIONS Huntington, NY 11743 TOTAL LOT REA : ITC118 9.f. N r I5TIN6 ngo- D TOTAL Telephone: 631.367.0050 Fax: 631.367.6636 -POOL O 91. 422.00 s.f. 422DO s.f. � ' � I � 751-0,F-X EX 1I 55TT''66 SHAEGDK GK 346 sf. 348 sf. f JRED /A / > GambertoneArchitects.com 102 s.f. REMOVED 06.1. ~ s ZONE AEi a f I TOTAL LOT COVERAGE(s.f) ALLOWABLE PROPOSED I ® i� A6 OF LOTGOVERAGE 20% 4J/ EXISr6. **3,891.74 s.f./17,918 s.f. = 0,21'12 x 100 = 21.12 A6 al WOOD DECK I ,.-._..__ .-.. �_•._..,.. _ cC3 w i / RAAA fVE 6 I pro ec., :; . / 6RADE / . ® • SURVEY DATA OBTAINED FROM DRAWING PREPARED 13Y= PLATFORMw°/` II'-1034" I ®® Tibett Residence PEGONIG SURVEYORS,P.G. U / / EXIST'6 2 STORY P.O.Box aOa / X60� FPWOW RESIDENCE /1 1 /0 . 1280 TRAVELER STMT Q l I �, , / REM _� ;�, F.F.ELEV.+9.8 185 Willow Point Rd. ' SOUMLD,NEW YORK 119'11 / (631)765-5020,FAX(631) 165-119't DATED: AIk5115T I'l,2015 - DWb 04-123 ' / ; I ; REQU1 FRONTYA `t ! Southold NY ZONE X I ` TSAGK 1 € l ' 56103G0158H\ � \ PATIO ON&ADE , � I 401-Z'2" I , n�}.n�S-'r: +8.7' GONGRE'TE � '� ��\ ❑ , '� •-_•� 10-06-2015 Issued for Bldg.Permit - € 10 I { 01-22-2016 Issued for ZBA (Pool) -Ott / EXISTING ASPHALT ' O { / = DRIVEWAY WITti W - COBBLESTONE CURB TO 4 REMAIN 1 PROPOSED 1 \ POOL m 1 — ! l MST&FLA&POLE N i AV . Grade { QED AR \ \ 15` 8�� to C ) ( ��`oENT Q�Cyi i SCALE:1" =20' V AVERACGE GRADS — ` ,X LOCATION EXISTING GRADE ELEVATION ` b N 110:20'20" EXIST'&SHED TO 6`xb`�•PAD BE RM40VM FOR POOL EQUIP. REQUIRED "A" +8.6' 1 \8 GENERATOR ACCESSORY OF N n „B" + 8.7, A/C STRUCTURE SETBACK p GOMPRE�50R5 O, D + 6A , ` -. TOTAL +35.1 + 55Y/4(#OF LOCATIONS) = + 6.78' ( Issued fZBA AVERAGE GRADE ELEVATION = + 8.78' c, c0 "l��11t: © 2015 AVGA Site Plan F THE COPYRIGHT DRAWINGS,SPECIFICATIONS, AND OTHER DOCUMENTS I PREPARED BY ANDREW V.GIAMBERTONE AND ASSOCIATES,ARCHITECTS,P.C. I (AVGA)FOR THIS PROJECT,ARE INSTRUMENTS OF AVGA. THESE DOCUMENTS SCALE: 1" — 1 O' ARE SERVICES FOR T HE USE SOLELY WITH RESPECT TO THIS PROJECT.UNLESS OTHERWISE PROVIDED, AVGA SHALL BE DEEMED THE AUTHOR OF THESE DOCUMENTS AND SHALL RETAIN ALL COMMONLAW,STATUTORY AND OTHER 1 �Q RESERVED RIGHTS THAT THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER, OR OTHERS, ON OTHER PROJECTS FOR ADDITIONS TO THIS Q PROJECT, OR FOR THE COMPLETION OF THIS PROJECT FOR OTHERS, yPlotted: Friday,January 22,2016-1:30pm By: ERNESTO File: L:\AVGA Current Jobs\AVGA Unsigned Projects\Tibett Residence-(South 1 V J � Site Plan i �Q Scas noted I € i