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HomeMy WebLinkAbout1000-72.-1-1.8 OFFICE LOCATION: ®��® ®� MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) e� Southold, NY 11971 2:* ® Telephone: 631 765-1938 a LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date June 1,2023 Re: LWRP Coastal Consistency Review for ZBA File Ref MARY MCKAY#7788 SCTM# 1000-72-1-1.8. MARY MCKAY#7788 -Request for Variances from Article III, Section 280-15;Article XXII, Section 280- 116A(1); and the Building Inspector's December 27, 2022,Amended January 3, 2023 and February 15, 2023 Notice of Disapproval based on an application for a permit to reconstruct an accessory in-ground swimming pool with deck, and to install an accessory solar panel heating system for the swimming pool at; 1)pool located less than the code required 100 feet from the top of the bluff; 2) solar panel system is located in other than the code required rear yard; located at 450 Castle Hill Road, (adj. to the Long Island Sound) Cutchogue,NY. SCTM No. 1000-72-1-1.8. 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,the proposal is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance,Town Attorney e BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��OF $OUT�,o 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric Dantest Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento O �Q 54375 Main Road(at Youngs Avenue) y,rou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 March 6, 2023 Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office is Town of Southold - V ED Town Hall Annex 0#2023 Southold,NY 11971 Southoid_.Town Plannin oard g B Re: ZBA File Ref. No. 47788—McKay, Mary, Dear Matk: We have received an application to reconstruct an accessory swimming pool with deck and to install an accessory solar panel system for the swimming pool. 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 x_ Chairperson By: Encl. Site Plan/Survey: William T. Holgan, Land Surveyor, PC dated December 6, 2022 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT 1 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: December 27,2022 AMENDED: January 3,2023 AMENDED: February 17,2023 TO: Michael Kimack(McKay) PO Box 1047 Southold,NY 11971 Please.take notice that your application dated October 31,2022: For permit to: reconstruct an accessory swimming pool with deck and to install an accessory solar panel heating-system for the swimming pool at: Location of property: 450 Castle Hill Road, Cutchogue,NY County Tax Map No. 1000—Section 72 Block 1 Lot 1_8 . Is returned herewith and disapproved on the following grounds: The proposed construction,on this nonconforming 76,198 sq. ft. parcel in the Residential R-80, is not permitted pursuant to Article XXII Section 280-116A(1),which states; "All buildings or structures located on lots upon which.there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The site plan shows the construction at 80.3 feet from top of bluff. In addition,the accessoi s� olar panel heating,system is not permitted pursuant to Article III Section 280-15,.which states; "accessory buildings and structures shall be located in the required rear yard. The solar system is located in the side yard. This Notice of Disapproval has been amended to reflect the revised survey, received on 2117123. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: December 27,2022 AMENDED: January 3,2023 TO: Michael Kimack(McKay) PO Box 1047 Southold,NY 11971 Please take notice that your application dated October 31, 2022: For permit to: reconstruct an accessory swimming pool and to install an accessory solar panel heating system for the swimmin&pool at: Location of property: 450 Castle Hill Road, Cutcho ue,NY County Tax Map No. 1000—Section 72 Block 1 Lot 1_8 Is returned herewith and disapproved on the following grounds: The proposed construction,on this nonconforming 76,198 sq. ft. parcel in the Residential R-80, is not permitted pursuant to Article XXII Section 280-116A(1),which states; "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The site plan shows the construction at 98.6 feet from top of bluff. In addition,the accessory solar panel heating system is not permitted pursuant to Article III Section 280-15,which states;"accessory buildings and structures shall be located in the required rearward. The solar system is located in the side.Yard. This Notice of Disapproval has been amended to reflect the revised survey, received on 113123. (b Authorized Signature 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 AREA VARIANCE House No.,45-Cl Street (,,4Znl7&ZL RO,4,D Hamlet Cllr.yd6"4 SCTM 1000 Section _B1ock__.LLot(s) " Lot Size Zone R-8U I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): �,4x11 r LKAY Mailing Address: 7 .4 �aC1�? Y�'l•. �ROOee_Y&/V-Y -Z Telephone:6/7 Q/;fnZ y'0 Fax: Email: NOTE:In addition to the above please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: &CIJAL& A JQJV,#CI6 for(X Owner( )Other: Address: 9 (LROX 1047 . ,17 O Ll 72V dW h/ Y 71 Telephonel% 6 Y 007 Fax: Email: lf, IWfC-L N VOWI & Please check to specify who you wish correspondence to be mailed to,front the above names: ( )Applicant/Owner(s), 90 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: 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 (Whas, ( )has not been made at any time with respect to this property,UNDER Appeal No(s).__14! t Year(s). 2Q2 f .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# 7l,�-7, �.4r7,4 CAIEI REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 71125AW `S.411 �jC/SI"!i1/G POOZ- 77V,6 AZ0P,0.rA6W `006 w 0(140 9 15- e OX/60Z Bvr"RRoq -' s'o=�sosF) yam*/ Exij�-WC,/za'XQa' e0jVXF) 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: T!li�ly �x/a'v?�tlG ,411G,0 4VI46 NOT (��UJ,E AJVJ1 jr-11R7WAe 1"A4 CT rO AL116r dtrlJ�O/�,�; GUI l C If- AU�1C V545i57'4'7 � 3.The amount of relief requested is not substantial because: 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: rp,,-�,E2r A- AV,5X1j-k-1,vG p o Ge� a// ®�5CI6 S'61/?1,e ou11vv u>hla cV aJI& Q!o 7- eAF 1-V R7 1V 71AG Y 11v CAEAf-W10 5.Has the alleged difficulty been self-created? X Yes,or { } No Why: Are there any Covenants or Restrictions concerning this land? 0 No { } Yes(please famish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. X,/,c.4,&1 a Z/- Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before a this ®aJ ay of 20 Notary Public CONNIE D.BUNCH Notary Public,State of New York No.01 BU6185050 Qualified In Suffolk County()Q rni t/ eat_lcam F�piror,April 14,q-0-D, 7 APPLICANT'S PROJECT DESCRIPTION APPLICANT: A 64 C V— DATE PREPARED: /01 Q2'oz z 1.For Demolition of Existing Building Areas Please describe areas being removed: ! j&1 -.IAAS ,mil= in UAW II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: A/!N 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: AM III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: 4, IV. Calculations of building areas and lot coverage(from surveyor): rW PE /5SSY-_ 6-q4BSFI/i 7v) Existing square footage of buildings on your property:/LWJZPbDC Proposed increase of building coverage: Square footage of your lot: -14 1 98— 2.71' '72I&UEf r 3'.% 904 Percentage of coverage of your lot by building area: s'9��q�/O�B�® 1= V.Purpose of New Construction: dP aM4Z 40 d �,49" trJ� G!> !/r/G WAO A"JOL 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): a 3* a Please submit S sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 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? _)C No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? N44 s 2.) Are those areas shown on the survey submitted with this application? YES 3.) Is the property bulk headed between the wetlands area and the upland building area? y4F, 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?Yer 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? Al E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Al 0 f yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Al 40 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel K,11"114e l,U1 (�,�; ,� and the proposed use� G (ex: existing single family,proposed: same with garage, pool or other) &. ate' 1 c) 2 0 a2_z Authorized signature and Date �4�StIFFOI,f4o Town of Southold 6/22/2015 G y� P.O.Box 1179 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 37592 Date: 6/22/2015 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 450 Castle Hill Road, Cutchogue SCTM#: 473889 Sec/Block/Lot: 72.4-1.8 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/4/1987 pursuant to which Building Permit No. 15992 dated 3/14/1987 was issued, and conforms'to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: one family dwelling with unfinished basement, enclosed sunroom, deck and garage under as applied for per Victor Lessard on 9/7/1988. The certificate is issued to Shatswell Properties Inc of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-14-0052 5/26/2015 ELECTRICAL CERTIFICATE NO. N 853561 2/16/1988 PLUMBERS CERTIFICATION DATED 1/24/2014 Pace Analytical At o Sign e �p�pg11FF0I,��oGy� Town of Southold 6/22/2015 P.O.Box 1179 h 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 37593 Date: 6/22/2015 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 450 Castle Hill Rd, Cutchogue SCTM#: 473889 SecBlocIdLot: 72.4-1.8 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/21/1987 pursuant to which Building Permit No. 16351 dated 8/21/1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory in ground swimming pool with fence to code as applied for per Victor Lessard on 9/7/1988. The certificate is issued to Shatswell Properties Inc of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 16351 3/26/2014 PLUMBERS CERTIFICATION DATED Autho S' ature �p� FF o Town of Southold 7/2/2015 P.O.Bog 1179 H 53095 Main Rd oygyol �ap� Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 37639 Date: 7/2/2015 THIS CERTIFIES that the building ACCESSORY Location of Property: 450 Castle Hill Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 72,14.8 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated .6/25/2015 pursuant to which Building Permit No. 39913 dated 7/1/2015 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: "as built"accessory shed/poolhouse as applied for. The certificate is issued to Shatswell Properties Inc of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 39913 3/26/2014 PLUMBERS CERTIFICATION DATED Auth ' Si ature TOWN OF SOUTHOLD `" BUILDING DEPARTMENT `k. TOWN CLERK'S OFFICE SOUTHOLD, NY •,�4,� a4e ,, �•:�,,,.r:r.stf BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 45224 Date: 9/18/2020 Permission is hereby granted to: McKay, Mary. 87A Guernsey St Brooklyn, NY 11222 To: construct additions and alterations to existing single-family dwelling as applied for. At premises located at: 450 Castle Hill Rd, Cutchogue SCTM # 473889 Sec/Block/Lot# 72.-1-1.8 Pursuant to application dated 9/9/2020 and approved by the Building Inspector. To expire on 3/20/2022. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $355.60 CO -ALTERATION TO DWELLING $50.00 Total: $405.60 Bul g , or BOARD MEMBERS rjF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson y,� Tyo 53095 Main Road•P.O.Box 1179 - Southold,NY 11971-09.59 Patricia Acampora Office Location: Eric Dantes y ac Town Annex/First Floor, Robert Lehnert,Jr. G,c • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento lyCo Southold,NY 11971 http://southoldtownny.govKLU M�� ZONING BOARD OF APPEALS e;Qp g.2,4 4A4 TOWN OF SOUTHOLD � n ,�1 � �.� Tel.(631)765-1809•Fax(631)765-9064 APR 2 6 202 C , Sou hold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 15,2021 ZBA FILE:#7478 NAME OF APPLICANT: Mary McKay PROPERTY LOCATION: 450 Castle Hill Road,(Adjacent to Long Island Sound)Cutchogue,NY SCTM#1000-72-1-1.8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25,and the Suffolk County Department of Planning issued its reply dated February 1,2021 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 March 10, 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 76,198 square foot parcel located in the R-80 Zoning District.The northerly property line measures 194.77 feet and is adjacent to Long Island Sound, the easterly property line measures 399.58 feet,the southerly property line measures 182 feet and is adjacent to a 25 feet Right of Way(Castle Hill Road), and the westerly property line measures 447.06 feet. The parcel is improved with a one-story framed dwelling with an attached below the first level garage and an attached wood deck in the rear of the dwelling with fenced in in-ground swimming pool in the rear yard, as shown on the survey prepared by John Gallagher,LS,and dated March 4,2015. BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124 and the Building Inspector's January 19, 2021 Notice of Disapproval based on an application for a permit to construct a front porch addition to an existing single-family dwelling; at 1)located less than the code required front yard setback of 55 feet; located at 450 Castle Hill Road,(Adjacent to Long Island Sound)Cutchogue,NY. SCTM No.#1000-72-1-1.8. RELIEF REQUESTED: The applicant requests a variance to construct a front porch addition measuring 6 ft.by 21 ft. and having an area of 126 sq. ft. in size, attached to an existing single-family dwelling resulting in a front yard Page 2,April 15,2021 #7478,McKay SCTM No. 1000-72-1-1.8 setback of 49.6 feet instead of the required front yard setback of 55 feet, as shown on the Site Plan prepared by Elizabeth Thompson,Architect and dated October 20,2020. ADDITIONAL INFORMATION: The prior owner built the dwelling within the front yard setback without a front door. A nearby property(lot 72-01-1.6 and 1.9)has a front yard setback of 47 feet granted by a variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 1,2021 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 V67-W)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This property is at the dead end of a private road and barely visible to any other nearby property. The lot opposite to the subject dwelling is undeveloped woods. Covered front porches are not out of the ordinary in the community. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject dwelling has a conforming front yard setback, so any additions on the front of the house will require variance relief. The existing dwelling was built without a front door. A new front entrance will add to the esthetic look of the home and provide weather protection. 3. Town Law$267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 9.5%relief from the code.However,the dwelling was originally built without a front entry and the applicant wishes to improve the exterior appearance of the house and the functioning of the home relative to the interior layout.A front door entry with a covered porch is a common feature on many homes. 4. Town Law V67-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front entry with a covered porch 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 Acampora,seconded by Member Dantes,and duly carried, to GRANT the variance as applied for,as shown on Site Plan prepared by Elizabeth Thompson,Architect,and revised October 20,2020. Page 3,April 15,2021 #7478,McKay SCTM No. 1000-72-1-1.8 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The proposed covered front porch shall remain open non-habitable space. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. 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 variances)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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert, and Planamento(5-0). Leslie Kanes Weisman, airperson Approved for filing '7 o7O/2021 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: IfLi"y " Y 2. Address of Applicant: 574 &Q15eAl- `EY Zr "OOZ IWIV �- 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: L > AI& ZO 40 IN ,V fed 01 vL ck S7 6. Location of Propperty: (road and Tax map number) .4 rQ C'�}P9-4,6 A111Z 8P- C'.U D G U 7. Is the parcel within 500 feet of a farm operation? ;< Yes No 8. Is this parcel actively farmed? { } Yes �d 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• 3- / 1- OLJLrN �i�i�lltY Z o Z a TA7UrT, 6q�B EWJW `A-T4Af 47W 2. 4- _ / RoMer 4 .4yV6 1-4 12-Aky.4, A 0.,304 6 06 AlY. /f7S0 4. - / �''fn 5' ORA64W tM. C!109 Piz W,01�C� Y Ao'Y. / O/Z 9 5. 6. (Please use the back of this page if there are additional property owners) 6A:r VV � /0/2_l e027- 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. 617.20 Appendix B Short Environmental Assessment Form Instructions for CompletinLy 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 or Project: /`T C IZAY AIZW RE ,V p0 0 4- Project Location(describe,and attach a location map): 4 o f 1,1 c'v r- o�UE �v-y. Brief Description of Proposed Action: .�'�,� �,�o,�c'r D,�✓���PTT o.� /�cY�aw��� Name of Applicant or Sponsor: Telephon . _ 690 7 l C' 4, 14�' E- a'i�N C 2 V M. A T- Address: • ROX 104 City/PO: State: Zip Code: J�0 l g7.1 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X -rd O r 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? �,�( acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑Commercial )t Residential(suburban) ❑ Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑ Parkland Page 1 of 4 MCKAY PROJECT DESCRIPTION Remove existing vinyl pool ( 20 ft. x 40 ft.= 800 SF ) , fence and composite deck on grade. Raise grade for new pool, decks, patio and surround approx.. 20". Construct in ground gunite pool 15 ft. x 50 ft. (750SF), with 130 lin. ft. x 3 ft. bluestone surround ( 390 SF),two (2) PE decks on either end ( 8 ft. x 21 ft= 168 SF x 2 =336 SF ), patio connection from dwelling( 12 ft. x 18 ft. =216 SF ). Regrade around pool with surround and decks to blend with adjacent existing grades. Install pool fence as required. Construct 23.0 ft. x 18.8 ft. pool solar hot water heater (432.40 SF ). Existing shed to be relocated south westerly to be greater than 100 feet from top of bluff. Proposed pool equipment to be located behind shed. 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? // NO YES If No,describe method for providing potable water: d� 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Al A X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES 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: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑Urban K 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 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑ YES 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: 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/sponsor name: C� Date: Signature: d 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 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 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail, identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Board of Zonin ADDC-als Anaiication AUTHORIZATION (Where the Applicant is not the Owner) I,_ �?�7,�v /t►r�'�/�y residing at.-&7A r��l,� r -Sr- (Print property owner's name) (Mailing Address) 0�1 �yitJ 1V �'IZZZ do hereby authorize (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. I "(OwnCeCs re) (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest or..the part of town officers and emPloyees The Purpose of this form is to Provide information which can alert the town of pnSSible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : HC k4Y "WRY (Last name,first name,middle initial,unless you are applying in the name of someone else or other entih•,such as a company.If so,indicate the other person's or company's nanw,) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee(Permit Change of Zone Coastal Erosion Approval of Plat [Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town offcrer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5°o of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship bethveen 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 chili 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) 13)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 SubmittedNis " day of /�fi�2 210SignatureC�Print Nam / LIA L� AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : &/jp'9,4 CLOG Aii Chtf��G A (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child) have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO _< If you answered "YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this -yydayy of�,20 2 Signature Print Name '/%!f���j�i'GL A_ Kh_%Q�6L r., Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 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 malting a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#_1 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) 0 (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: MCKAY PROJECT DESCRIPTION Remove existing vinyl pool ( 20 ft. x 40 ft.= 800 SF ) , fence and composite deck on grade. Raise grade for new pool, decks, patio and surround approx.. 20". Construct in ground gunite pool 15 ft. x 50 ft. (750SF), with 130 lin. ft. x 3 ft. bluestone surround ( 390 SF),two (2) PE decks on either end ( 8 ft. x 21 ft= 168 SF x 2 =336 SF ), patio connection from dwelling ( 12 ft. x 18 ft. =216 SF ). Regrade around pool with surround and decks to blend with adjacent existing grades. Install pool fence as required. Construct 23.0 ft. x 18.8 ft. pool solar hot water heater ( 432.40 SF ). Existing shed to be relocated south westerly to be greater than 100 feet from top of bluff. Proposed pool equipment to be located behind shed. Location of action: Site acreage: Present land use: � 'l b�J1/�'7i4L OMZEi 4HIZY Present zoning classification: _ 8 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: Ai/CPAJEZ ,d i-I'llm CAC (b) Mailing address: P. O. H OX 1047 J"0 U 7"P OUD AIV /1 7> (c) Telephone number: Area Code( ) !�-Z 4 (6-8 — 6 6 D 7 (d) Application number, if any: A114 Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ElNo4J 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. rIVI Yes ❑ No ❑ Not Applicable c00 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 Alt) �! zVVC ANAQJOIL y�Cl-1.445CY d G/C.��- 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 R Not Applicable _ 0 C,4 97 D AJ Qr �J3--YW& R a OL POFI6o 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 1:1 No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No X]Not Applicab Po c1 cy r iv 7-o l_' Pea iMU-7 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 0 No� Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No Not Applicable �01XY 7 MIA 720 9Y JX 902T(T 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 P�L/CY 8 NIA ;rA BS M 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. ❑ YeED No® Not Applicable pL1CY 9 MIA 7-0 V IS7 P1209;,�_CE 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 [Z Not Applicable Rau CV /o A41A rD ➢-/-r RgOJ7T c,/— Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No POS' Not Applicable R O U C /1 AIIA 7M`S e-W-Q-Wi- 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 ❑ NoR Not Applicable A/®AG CV PhD)Oj6 e" e :I MAZ �Lr' ®F 4 6 "AID /7VW L� ® 671- 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 saucy 13 N 7V,?rrP12aZC Created on 5125105 I1:20 AM Legend McKay Residence �. Write a description for your map. - . '� . ''' `� .� 450 Castle Hill Rd laik, A• e , e ,..�� .� f� "r ..�"rt °l 1 ,�t ifi' " w ."`e'.�^;.�,•.a �� y; 'n'�.K xt +.� ' ti ���� }. ��r. 9G' �'4.s - • y y � , f r° .. _ 'BSc � 1 �: � : . .'� ,y r � � s ♦r. Y r•., _? �.! ,,t� fie.' �1 � ,.•!,a t h y y 1 ♦ , �'.w +-. # ; .'fie i. ,,Y .. �� s�,•r ., t* +�� �'`�^ " t i.°.1 •.,fir x1`^ � 7 a': i t�, .4 _ ' 9 a + • M r w ••��'�" � `T a' . '4') '` � �' .' �"b� �+jam`, �'tt.,. f�'�✓'" y'V,r �� k t�p y R �`�tii BAR ,tom w v) Jrx ".: 44R • i� �1�',y{�'•. x S A•� � �t�+4 J.W�^ �. , Yiy'`yJn.f�,l ..p.� �� i, r ��s!. �.;', m • ; }� f TOWN OF SOUTHOLD PROPERT� ! ci OWNER STREET VILLAGE DIST.1 SUB. LOT FORMER OWNER N E ACR. S W TYPE OF BUILDING I RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL ; DATE REMARKS r �--� ram' r - 41 �• f ----- 1 ? '' ` �- � G y 2raC� v' .r ,17 Tillable FRONTAGE ON WATER ? Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total a s•` _ IMMIMEii. _ ■iiiiiiiii��iiiiiiii 1 ■MOSIMMi No ' will MISS MEMMERM Emma -, .r . . , ',, 4� ■i�'i"iiri�!!i�iin�i�i l�ii■ _ . 2. ■�i�ii ■ii®ii Emmons�' r SURVEY OF PROPERTY SITUATE . long CUTCHOGUE p TOWN OF SOUTHOLD !S/c?r-,d SUFFOLK COUNTY, NEW YORK 85°20 S 37+, ©Und � scr?a:i 10110-72-I-1.6 AREA= 76,193 sq ft or 1.8 acrss C j0' tie/Jne afon _ Ito ordinary high water muM] i rttarch g�Y of sh Notes Suffolk county health department reference It R10-14.0052 ood �ulfth tp ea�fh Septic system locations as per Installer oiYfl of bluff a l 1; Of \ bf{rff s °E 3 P. 3 a' n I « a i ae �. cha!n t!nk OO°o�10 1 fence dc:h \ an grade / _so ftr;;Qf��iQd 4 � shed -ror:�:�:�:• i wood dock � �{ i c �5 story rnrrq enc -.� roe hro ve i 'u^5'vvn=�Ry tA �. oil&stone - L 51°23'30^w driveway zsr!g,t ^182.00• enY3y 1 t u f i� I 0 KI � 1 i % ORL•'G®N ROAD T• "' � �«y 4����ice'<i'A!': ,,yy� - ._, '" �`!�'� }..a♦. ,� ./4• v r .. _ _ _:t.� �_ ,ram .r d�at�� rr-�7`�:!�S� � ?T ,�_• �, • " " f YH �•�_•x,-2'�;ALL:/ �•/ 06�09 3:7 �-~�'� i - _ 1 - '� .�' t!'r �' 'ate �--�'..•�-�.' . +r. e . 022/09/06 09 : 37 ..t 1 • t f /• ti► 2 2MW MOM Taken Sept.6,2022 Looking East Taken Sept.6, 2022 ' t _ Looking , .1 Ar Y� ��`� • � M -2022/09106 09 3j i V,. s .. a �. s .� �.. � � .' ,•.may y ;�t'`>, ��yy�.���t � �S.3�'r a o�Og%IFFOt�-�oG APPEALS BOARD MEMBERS o SCOTT L.HARRIS coo W Supervisor Gerard P.Goehringer,Chairman �y Charles Grigonis,Jr. O,t �`�� Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr, Southold,New York 11971 BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of STANLEY WERNICR. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct addition with a set back at less than the required 100 feet from the top of the bluff on along the Long Island Sound. Premises is zoned R-80 Residential and is located along Private Road No. 5 at Cutchogue; County Tax Map Parcel No. 1000-72-01-001.006. WHEREAS, a public hearing was held on February 1, 1991; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4A for permission to place a new dwelling addition with attached deck along the easterly side of the existing dwelling as shown on the survey amended December 11, 1990, prepared by Roderick VanTuyl, P.C. and on plan dated December 12, 1990, prepared by Ward Associates. The setback at the closest point to the top of the sound bluff is 70+- feet from the proposed new deck and 80+- feet from the proposed addition at the northeast corner to the sound bluff. The pool is situated 85.0 feet from the sound bluff which was constructed under a valid Building Permit No. 017816 dated February 9, 1989. 2. The premises in question has an average width 229.50 ft. and contains a total lot area of 1.912 acres. 3 . For the record it is noted that the property slopes considerably downward from the top of the bluff to the Long Page 2 - Appl. No. 3996 Matter of STANLEY WERNICK Decision Rendered February 1, 1991 Island Sound with variations in the contours from 85 feet to the shoreline. 4. Article XXIII, Section 100-239.4A of the Zoning Code requires all buildings and structures located on lots upon which there exists a bluff or bank landward of the shore or beach of shall be set back not less than one hundred (100). feet from the top of such bluff or bank. 5. The dwelling immediately situated to the east on the adjoining parcel is shown to be set back approximately 35 feet from its closest. point to the "top" of the bluff, and the dwelling adjoining to the west is shown to be set back approximately 70 feet to the "top" of the bluff. Each dwelling is set back more than 150 feet from the tie line along mean highwater of the L.I. Sound. 6. It is the position of this Board that in considering this application: (a) the relief, as noted below, is not substantial and is the minimum necessary; (b) the grant of the requested relief will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (a) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting relief, as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as applied and more particularly shown on plan prepared by Ward Associates dated December 12, 1990 (Ref. No. 9022.00, Drawing S-1 of 1) under Appeal No. 3996 in the Matter of the Application of STANLEY WERNICK, SUBJECT TO THE FOLLOWING CONDITIONS': 1. That the storm gutters and leaders be deflected into storm basins or leeching pools (from roof overhang) ; Page 3 - Appl. No. 3996 Matter of STANLEY WERNICK Decision Rendered February 1, 1991 2. That there be no land disturbance between the house and the bluff, area. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Member Doyen of Fishers Island was absent. ) This resolution was duly adopted. lk -GERARD P. GOEHRINGER CHAIRMAN 1 N]25662 w tY1c K6 r J I ODD i -71- 1 - , 5 - -� - I S°��� - to /bTO g 18A\ FORPCLh SEE SEC NO 130 -�Q. 1 5SEE sent in 90 FO w -"A in fA Pv+^ A �•P , 1 ( J^ JW s,+b 23 c 1 4A 5 FORPARCELNO NI� 1 BA 3 2A P 1 OA t» 73-OS-002 P II t\ 2 3 19A In O j- I 1 9A 4 22 13 DA QO r'Q 1BA • fy FOR PARCEL NO I ••b 1 �;*✓ 134A Q 8 CrOMOFSOUO W 31A• /o'• w `.^' FOR PARCEL NO SEE SEC NO DE WPNENTWHISI ,y SEE SEC NO f�D34-01-001'y-,�i O� 083-02-009 3 ,� r• ��j �• __ ' MATCH LINE � O4 MA7CH SEE SEC NO 084 NOTICE ,cov 60&N OF SUFFOLK © E SOUTHDLD (21)— — .m P.�P", eE�1w O 4TEWION 6AL OR _q, Real Property Tax Service Agency Y 0NI]F W—PO vr1TME NRIAOE Or ��-•-•'--� ao.aa—nm G C�r.� —_— •WC Wi NA ISPRORI6ITED "t• County Center Rlmliea 12 C,N Y 11901 ,.y� M n ww•.o. tA(a)n to ENPEWISSIONOFTNfi �"•1!'Y+%I`:�� ZA O6CALF IN rEETNO �00 A pSTRICT NO 1000 GW�Aw 1t2 21A1e1 Yi°'•'l^ --��� •TAXSEWCEACENCY 5jyy„ys P o® a6f - , CONVER610N MTE WI]l,m11 i SURVEY of PROPERTY SITUATE . I logy CUTCHOGUE TOWN OF SOUTHOLD Kati i $~ \ � SCTM.f 1000-72•1-1.8 C 50' ffT�,d/p.7 o AREA yIto ordinary high water mark) °r lrr.?I. rnztYhi _c i94-77, ah '��;2d���alss o Notes Suffolk county health department o d �i �,. reterence 0 R10-14.000. btflfsh ea��bofro 1 Septic system locations as per Installer °f bkoff o a t' iO fy �_ Of \ 3�3 o �3 i i � Bs•n ' ! Fps! ! cha!n iink wdeck h' 7ene\ an gracze �._ r�:f7TkC�'7t.9Gillil shed t w"d decx '.•�-"'s' a!siery frarieeH - o h ws e {, h cne :.C'ov. ar `.ya F 'J , sun•rouri vi��" ��, 0 0 } ,,W&stone S51-23-30-W drivevay zsright —cfwsy•-— — ._ . i g rl i � ! zn -7- �3�C� dot N GAL z� I i - I At sip a - l * ♦+ y. 44 Zf r hjw• ��;.. �t'f 41 41. Or n'� ,g� �.c�►+ ���� �'yam. a4 �:'t - '..t D►•'+- irt'�'�-� + Tit�.�X. - _ , _ ,4 _ �4tC, "f ,ice �4� ,�.�� .-..•� � { � ;3y ` 022/09/06 09 37 x 71 4. 1211 ICOUI o G (3) McKay Residence Taken Sept.6, 2022 Looking East AW - - r a it }. r 1. c ay es� nce Taken Sept.6, 2022 Looking South �r - r s '.. - '...." -. :"ram 1�• .�«•+w►� 4, (;)McKay Residence Taken Sept.6,2022 Looking SW E ,.�� � -,�+<•. _'♦+ter y `f'-a ,TWL yC ti o�f9r Ss-+ �45�afl f(eft��' i i #3 REBAR i I �jq it I I J CERAMIC TILE CD ill I l � J �l l o `° a i l 3" CLR !� l z m l i l #3 @ 1 2" O.C. VERT. ill uj lGil3' CLR 0 ' I i l 6 l l l #3 @ G" O.C. VERT. Ill l l l RADIUS VERIE5 FROM 1 2" @ 4' DEPTH l l TO 5'=O" @ 8'-G" DEPTH Ill . ,ICI POOL POOL WALL DETAIL PART PLAN SCALE : i' = i' SCALE : 1/4" = i NEW POOL ��� wc'� " obert I. Brown MARY MCKAY e rchitect, P.C. 45o Castle Hill Roadie Cutchogue NY i05 Bay Ave. Greenport NY 'nf o@ribrownarchitect.com SCTM No. 1000-72-i-1.8 ��" 631-477-9752 February 23,2023 JOB No.:4788-20-S ONO S 1°3a, J/ N� 107d.1'RETACTABLE LADDER. -A 440 3.5'x10.2'DECK 1295, lv'>o EL=10,6' On Ira. A/�2• �p EL= 10 STEPS 3.5'x0.8' 9.9' 7"RISER. 3.5' SURVEY OF PROPERTY G DECK9, �S'9, SITUATED IN ON �� a CUTCHOGUE TOWN OF SOUTHOLD 19 STEPS 3.5'x0.8' 3'5'x4.2' SUFFOLK Co. NEW YORK 7"RISER. DECK nr2 / S.C.T.M. No.: 1000-72-1-1.8 0 J // DECK WITH 19 STEPS 3.5'x0.8' 7"RISER. SEAT. 3.5'x42' 3.5x4.2' DECK WITH DECK SEAT. 19 STEPS 3.5'x0.8' 3.5'x4.2' 7"RISER. DECK SPIKE: SET 114 / 0.4'/E BULKHEAD 3.5'x4.2' DECK WITH 19 STEPS 3.5'x0.8' 7"RISER. SEAT. 3.5'x4.2' 3.5'x4.2' i +'Q� DECK DECK WITH �o o SEAT. QQ� A Q n. 7r�, 20 STEPS 3.5'x0.8' I`/ �• 7"RISER. 3.5'x8.0'DECK EL.=83.1' 82.3' / 3 STEPS 3.5'x0.8' � 7"RISER. a e coo , STAKE P�\O ,�GO SET 9�Oa�e 'f•' � ��O $r 05 Q0 N'6�`bG _ LAMP , OR POST � ^ WELL G FRAME DECK QO QOQ EXIST.POOL HEAD FILTER& O cm• a �� CONCRETE HEATER O O $84°25�10"W -�, MON.FD. 328.59' DECK � rrs 350�G\ 1"x8" STAKE y0 O y� �OOO A. �`�" �Ot�` SET Gs�l �.� O,� 4"x4"POSTS ?� Q? X �� 9� >>• 19 STEPS 3.5'x0.8' POOL HOUSE .yF �G & � G� OOP TO BE RELOCATED. ��O����ah�&lL 7"RISER. G !� i 5.2' O� OQ � �oG�J �G� �� SPIKE FOUND 4"x4"POSTS WOOD �30 RETAININ ♦ J�� � ��. WALLS 5.2' v� �� 0 o. 4"x4"POSTS &G e •? CONCRETE F DECK 99/ `' ,yob MON.FD. I? 5.2' I FC. �cl 4 9.T/E ��� 9 G��� "x4"POSTS 000 Gl� STAKE �� °'' WOOD" COVERS .per SET RETAINING NOT TO SCALE 4"x4"POSTS �G� WALLS s6, 922 Q •c� ®DRAIN GRAVEL �ls e.0PO �LOPO FC. 5.87E O COVER 5��� 1?-0- NOTE: 9?\ GP ryh �V ALL ELEVATIONS ARE NAVD 1988 DATUM. Q(p OV G NOTE: sA O� • THIS SURVEY IS FOR C.O.PURPOSES ONLY AND NOT �iQ A(S�` ♦�� TO USED FOR TITLE,CONSTUCTION OF BULDINGS OR FENCES,OR ANY OTHER USE NOT CONSISTANT WITH �A 'Iy OTELECOIA 2�O THE ORIGINAL INTENT. GL O J A THE EXISTANCE OF RIGHT OF WAYS OR EASEMENTS OF •'`f TRANSFORMER •J RECORD NOT SHOWN ARE NOT GUARANTEED. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. REBAR FOUND COPIES NOT BEARING THE LAND SURVEYORS INKED SEAL SHALL NOT BE CONSIDERED VALID COPIES. N O 0 CO WILLIAM T. HOLGAN r CERTIFIED TO: LICENSED LAND SURVEYOR, PC MARY McKAY 04 9 g6'� J� s �- 41 SMITH STREET LANfl SJ BABYLON, NEW YORK 11702 631-321-4732 PROPOSED POOL SCALE:1"=20' ADDED: 12/0612022 DATE: 06/05/2020