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HomeMy WebLinkAbout6113 i i 1 r•� C� t� 3 aN k, �'l•ot,rew n _ �._ o41 _.... 1 %-'/ .•M'}/oc��.'�lU lip' � .Lt:lrr�G`%� F`?� .. ..�t1����{1rU��. .�1,`�'( Iavi APPEALS BOARD MEMBERS *OF SO Mailing Address: Ruth D. Oliva � Q1 Southold Town Hall Gerard R Goehringer ,, Chairman 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon 0 �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman IyCOuffm� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS R CEINED 4- TOWN OF SOUTHOLD ftA $: I y Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIO MEETING OF FEBRUARY 7, 2008 Southold Town Clera ZB File# 6113 - Debra Lachance Location of Property: 630 Ruch Lane, Southold CTM 52-2-26 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. BASIS OF APPLICATION: Zoning Code Section 280-124, based on the Building Inspector's November 14, 2007 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling at less than 10 feet from the side yard, less than 25 feet for total side yard setbacks, and less than 35 feet from the front lot line. ZONING CHAPTER 280 OF TOWN CODE (formerly Chapter 100): Zoning Code Section 280-124 states that lots measuring less than 20,000 square feet shall have a minimum side yard setback of 10 feet, total side yard setbacks of 35 feet, and a front yard setback of 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant seeks permission to construct an 18' x 18' one-story addition to the existing single family dwelling, which new construction will be 6.8 feet from the side property line on a single side yard, 26.25 feet from the front yard line, and total side yards at 16.8 feet when adding the existing 10 ft. setback of the existing dwelling. ADDITIONAL INFORMATION: Applicants received a variance on November 9, 2006 (ZBA # 5965) which granted alternative relief for an accessory garage at a minimum of 18 feet from the front line adjacent to Ruch Lane and a minimum of 7 feet from the side lot line. The applicant has submitted a letter to the Board of appeals on January 17, 2008 to void Page 2—February 7, 2008 ZBA#6113—Debra Lachance CTM 52-2-26 the variance approval under #5965 for the proposed front yard garage, in order to proceed with the variance application concerning a proposed new studio addition to the residence. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The addition will be no closer to the property lines than is the adjacent neighbor's garage. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Code requirement of a 75 foot setback from the Bay precludes construction of the addition anywhere on the lot without variance relief. The northerly wall of the proposed addition will be continuous with the same side of the house. No other suitable location for the addition exists on the property. 3. Town Law §267-b(3)(b)(3). The variance requested herein is not substantial. The front yard setback relief requested is less than that granted on November 9, 2006 (see above) and is 0.2 feet greater than was granted in the prior application with respect to the same side yard: 6.8 feet as opposed to 7 feet. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created, so far it is a consequence of the fact that the property is less than 8,000 square feet. 5. Town Law §267-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. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefits of an addition to the dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Dinizio, and duly carried, to GRANT the variances as applied for, as shown on Boulevard Planning, P.C. Site Plan Map SP-1 dated 10-22-07 and Elevation Map A-1 dated 10-29-07. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or Page 3—February 7, 2008 ZBA#6113—Debra LaChance CTM 52-2-26 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 Oliva (Vice Chairwoman), Dinizio, and Weisman. Chairman Goehringer and Member Simon were absent. This Resolution was duly adopted (3-0). �a�_ 0 _ a - RUTH D. OLIVA, Vice Chairwoman 3/ /08 Approved for Filing 'Y/bf-,0/,L SJV9dd`d d0 G%dVOG FORM NO. 3 800z t t NVP TOWN OF SOUTHOLD BUILDING DEPARTMENT a3A1333H NOTICE OF DISAPPROVAL DATE:November 14, 2007 TO: R. Lehnert for Amended: January 17, 2008 Debra LaChance 32645 Main Road RECENED Cutchogue,NY 11935 �6 03 JAN 17 2008 Please take notice that your application dated November 1, 2007 I/a yl ord�'� /9 For a permit for an addition to an existing single family dwelling at BOAR /D O F AP P Ep`LS Location of property: 630 Ruch La., Southold County Tax Map No. 1000 - Section 52 Block 2 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed addition to a single family dwelling on a non-conforri g7.983 s ft parcel, is not permitted pursuant to ArticleXXIII Section 280-124 whic A=ft . "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognizedy the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring less than 20,000 shall have a minimum side yard setback of 10'and a total side yard setback of 25'and a front yard setback of 35'. Following the construction the dwelling will have a single side yard setback of 6.8' & a total side yard setback of+/- 16.8' & a front yard setback of 26.25. Authorized Signature Amended to stipulate lot size. 5URVEY OF PKOPERTY 51TUATE: AR5HAMOMAQUE TOWN: 5OUTHOLD N 5UEEOLK COUNTY, NY SURVEY OI-26-2006 W E UPDATE 09-05-2006 , DIM. W.M. 10-18-2006 SUFFOLK GOUNIY TAX # S 1000 - 52 - 2 - 26 CERTIMM TO: Debra]LaCbance Tpoa� 6 1 xx ems, :l e ``�xscy w4�i C e 1 a 0 tiff e n • +t / J r OSC•' ��i• p�,�0 /� �O U\0 ©© , ,. �p�p� to �4 rY 61 ryp `. QL 51 O / a ♦ • ♦ ♦ a1' r ♦ \ ♦ � i 1 r �I 1 I V ♦ \ \ 0� .�. t �\ c<o\ \ \ \♦ \ ``` \ \ ore^ U _ c ♦ \ S, 0 \ ♦�<\8\ ♦♦` opt \�y ` \ ♦ Y ♦ N. 9a40 NOV 2 0 2007 � e BOARD APPEALS 1MNv1[b altrotlm or aaaRba b a elNey NOTES: —v oI�oI V—� �arw Nen York Stale Parallrn la.• MONUMENT FOUND �y aoP.. w orptnl ar „r.y ma'k,.C1 11 Cr•IyY�ul or Iob wei •b eta,pea eeol dnn w eo.ele.r.a ro b..,dte tiu. o PIPE FOUND 'Lertlflcotlwe Yar t ws bth w.� fwho—dcewhDw.e ELEVATION5 REFERENCE NGVD'2q =a . ta,a g,..,.y,,,.gala r�rtVkolbro dal M to w p.reae rar.mm w ewy b�.po»� arN arl N.beMll to w tR4 carrp�y ZONED R-40 �T tk.e ore rot tromlermlo to aaallla.nl bGtWk.m AREA = �f a83 sf or 0.18 acres JOH C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIG SCALE 1"__ 20' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compagserver\pros\03\03-238.pro uat APPLICATION'TO THE SOUTHOLD TOWN BOARD OF APPEALS x x j For Office Use Only WED Fee:$ +— Filed By: f t 7�J m. Date Assigned/Assignment No....: �. Office Notes: t a lJ i House No.��0 Street V C �- Hamlet [%_ *JW4W_A PPEALS SCTM 1000 Sectionb4`2Block�Lot(s) Lot Size Q Zone �"� I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED NOVe,slti ( ICI,20QI BASED ON IMAP DATED 10— 49—ZC�o(o 1 Applicant(s)/Owner(s): 6br0a LGl Y16 MailingAddress• �( ° N � �1 Telephone: "72ax#: 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: Rob /+ NV' for( ) Owner,or Other: Agent's Address: R?J �'}�," Telephone_ 1--73'1 36) Faz#: 01Z, , Please check box to specify who you sh correspondence to be mailed to,from the above names: ❑Applicaut/Owner(s),or you Representative, or 0 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED FOR: XBuilding Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy :0 Change of Use 0 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.) Ar11@hjrrrr Section 280-- 2� Subsection i 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 E.Reversal or.Other A prior�,a�P.peallhas, ❑has,not been made at any time with respect to this Property,UNDER Appeal No.t;k Year 0.a6 (Please be sure to research before completing this question or call our office for assistance.) I Name of Owner: D03(ZA- (,Q,,CkA,4 Ce-- ZbA rile# REASONS FOR APPEAL(additional sheets may be used with preparer's sienature): 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: (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: (3) The amount of relief requested is not substantial because: V (4) The variance will NOT have an adverse effect or impact on.the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? Oyes,or ( )No. Are there Covenants and Restrictions concerning this land: No. ❑Yes(please furnish copy). This is the MINEVIUM 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. Check. this box (V) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE.VARIANCE SHEET. (Please be sure to consult vour rna) Si gi a of p or Authorized Agent ( eut must submit written Authorization from Owner) Sworn to before me this/,077f �lYJeA-T— L �EZ� day of J�oveYr60s— . � Notary Public am�� MCOofEW NOtW PUBIC-="OF NEW YORK No. 020061 i 1614 Ouolmed In,Wttolk County .My COnMDWm Augut 06. 200 i I �a lM' - b- Cka n�- 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: Due to the location of the subject property on the water, there is no alternative location for any type of addition. The scale of the proposed addition is in keeping with the existing structure and the surrounding neighborhood. 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: Due to the nature of the property being located on the water the only feasible location for any addition would be to the front of the structure. 3.) The amount of relief requested in not substantial because: i The proposed addition is not substantial because the proposed addition is one story and located behind the setback line of a neighboring accessory garage. 4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed addition is in keeping with the scale and character of the existing neighborhood. By placing the proposed addition in the front of the house we are mitigating any affects on the adjacent water body. i i Office Location: SUFFO(�CO USPS Mailing,Address: G Town Annex/First Floor,North Fork Bank c� ¢fie 53095 Main Road 54375 Main Road(at Youngs Avenue) C* Z P.O. Box 1179 Southold,NY 11971 Oy Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March `72008 Mr. Robert Lehnert Peconic Permit Expediting 32645 Main Road Cutchogue, New York 11935 Re: ZBA#6113 — Debra LaChance Variance application Dear ., Transmitted for your records is a copy of the Board's—February 7, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other. documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, da Kowalski Encl. Copies of Decision to: 'Building Department 'Town Clerk (Original for filing) W PtCONIC PERMIT EXPEDITING Building / DEC / Variance / Marine 32645 Main Road•Cutchogue,NY 11935 E-Mail peconicpermits�optonline.net Ph 631.734.8361 •Fx 631.734.2276 Ak January 17, 2008 Board of Appeals JAN z 3 2008 Town of Southold P.O. Box 1179 BOARD OF APPEAL Southold,NY 11971-0959 PEALS RE: Previous Variance To Whom It May Concern, This letter is to confirm with the Zoning Board of Appeals of the Town of Southold,that as the homeowner, I would like to void the variance approval for the proposed front yard garage, in order to proceed with the proposed studio addition to the residence. If you have any questions,please feel free to call me at any time. Respectfiilly yours; Debra LaChance -Homeowner 07 PECON IC PERMIT EXPED•ITI NG Duildin9 / DEC / Variance / Marine 32645 Main Road•Cutchogue,NY 11935 - � E-Mail peconicpermitsagoptonline.net Ph 631.734.8361 •Fx 631.734.2276 January 17, 2008 Board of Appeals � ® Town of Southold P.O. Box 1179 Zp08 Southold,NY 11971-0959 BAN �� / d-y o RE: Previous Variance aoNtNG 50 of APPEpt.S To Whom It May Concern, This letter is to confirm with the Zoning Board of Appeals of the Town of Southold, that my client, Debra LaChance would like to void the variance approval for the proposed front yard garage, in order to proceed with the proposed studio addition to the residence. If you have any questions, please feel free to call me at any time. Respectfull , e TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT x Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Contact: Approved ,20 Mail to: Disapproved a/.c k t� Phone: ? 3 q 2 0. 1 Expiration ,20 �- -- --- -- -�- Building Inspector APPLICATION FOR BUILDING PERMIT _ 1 ----- Dated, 2007- THO' INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showinglocation oflot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this applicatiowm� not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f: Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter,-a new permit shall be required. APPLICATION IS HEREBY MADE to:the Building Department for the issuance.of a Building Permit pursuant to the Building Zone Ordinance of the Town'of,Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. Signa f icant or name,if a corporation) 3 5 MGuin 2cl 4 CL&kzqLq:��l (Mailing address of applicant) L L 3 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premisesblr�- (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section 52. -v� p .it sami 2 Lot 26a Subdivision e$.� 'fffloms �r �rt�a� Lot (Name) yt;Ra >,� :�lt�fi#e� re3 t,ot4fiu 2. State existing use and occupancy of premises and intenddd use and occupancy of proposed construction: a. Existing use and occupancy RC-S l DEA)C gl b. „Intended use and occupancy Rol DVA)CE 3. Nature of work(check which applicable): New Building Addition V Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor /A If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front �30 Rear ?�' Depth 3 L Height Z 3•9 Number of Stories_ Dimensions of same structure with alterations or additions: Front ?�-0� Rear, 30' Depth 49 ' Height_ 23 •9' Number of Stories 2 8. Dimensions of entire new construction: Front--[-a a Rear Depth 18 Height 15 ' Number of Stories l S-MVC. 9. Size of lot: Front Rear rj O --Z. Depth 1653 . ~]`7 10. Date of Purchase l 2 D j Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES�NO 13. Will lot be re-graded? YES NO ✓Will excess fill be removed from premises? YES NO 51 t., � 14. Names of Owner of premises Debro-�Cha11c9.Address_m W w l not l Phone No.q 1'7'Cqq-3-72 q Name of Architect 5%yd- %inn M4 Address ✓1,IU Pyh�one.No 77 3� -ZO 11 Name of Contractor Address none No. 15 a. Is this property within..100 feet of a tidal wetland or a freshwater wetland? *YESXNO W * IF YES, SOUTHOLD TON TRUSTEES.&D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMI )TS MAY BE REQUIRED. 16. Provide survey; to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) lZo51�T' �l-}'�� � being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor,Agent,Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thi day og S r 20 07 Notary Public Signature of Applicant ►i"a W. MCGREEVY NOTARY VOLIC-SPATE OF NEW YORK No. 02MC613151 4 Qualified in Suffolk County My:Commimon Expites.Auqust 02,,2009 COUNTY OF S U F F O L G3CCDWED b� DEC 19 W BOARD OF APPEALS STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING December 10, 2007 Town of Southold ZBA 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Diack 6109 Hill 6111 Planitzer 6112 L'aChance 6113 Frienmann 6114 DiGregario 6115 Guja 6116 Mooney(End of the Road LLC) 6013 Very tr1:11y yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 ■ (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 1 1788-0099 TELECOPIER(631) 853-4044 I I � APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: D�0%._L ,0! C+AV1CA--" Date Prepared: b jo� I.For Demolition of Existing Building Areas Please describe areas being removed: NO DEW®L 117dW em- Ulesz, II. New Construction Areas(New Dwelling or New Additions/Extensions): 1 Dimensions of first floor extension: E + Dimensions of new second floor: Dimensions of floor above second level: N Height(from finished ground to top of ridge): 151 Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: 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: 2- STD" -1e1)Vl{T:- pL 1 M4- Number of Floors and Changes WITH Alterations: 2- TT " TIM01-PMPQSM . ' 1X I 1 IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: I*- Z S Proposed increase of building coverage: Square footage of your lot: 29 A,2 5. Percentage of coverage of your lot by building area: I V. Purpose of New..Construction: S- t/b I b 6 NC- ITVtV VI. Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): ;Please submit seven(7)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. �7/2002; 2/2005; 1/2007 I 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. rf any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent .practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#—TZ _ __ The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. Board of Trustees ❑ 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) Nature and extent of action: ADPI r5yJ-------------- p ` fit?!O M � � __..- Location of action: �� Site acreage: -7982 S. Present land use:. St `M I u-- Present zoning classification: g—Al 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: ' (b) Mailing address: I'�' W. 2q7 s- 2,Ad e (c) Telephone number: Area Code (d) Application number,if any: Will the action be.dir ctly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No If yes, which state or federal agency? I - C. DEVELOPED COAST POLICY Policy-1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes No Not Applicable Attach additional sheets if necessary andpreserve historic and arcfaeologica resources--—of T�ie own o out old. See LWRP Section III—Policies Par s 3 through 6 for evaluation criteria Yes 0 No 9Not 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 ❑ Yes ❑ No lot Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pa s 8 through 16-for evaluation criteria ❑ Yes ❑ 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 throu 21 for evaluation criteria ❑ Yes ❑ No 7NotApplicable 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; Pa es 22-. through 32 for evaluation riteria. --` - Yes --..... ----._...--- 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 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. ee LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 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 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Sout old's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See WRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes -No otApplicaT�le---_..___._..___ _.-..__....._._. 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 WRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No of Applicable Attach additional sheets if necessary Policy 12. Protect agri ltural lands in the Town' W of Southold. See LRP Section III—Policies;.Pages 62 through 65 for evalua on criteria. ❑ o Not Applicable Yes ❑ N Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP 'Section III_Policies; ages 65 through 68 for evaluation criteria. ❑ Yes ❑ No LV Not Applicable Created on.5/25/0511:20 AM .............. I I � I I QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes Po B. Are there any proposals to change or alter land contours? XNo ❑Yes,please explain on attached sheet. `J C. 1)Are there areas that contain sand or wetland grasses? F� 2)Are these areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland buildilig area? N� .. 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its Aetermination of jurisdiction? tWIf7 Please confirm status of your inquiry or application with the Trustees: . F"-w 1't and if issued,please attach copies of permit with conditions and approved map. D. Is there a.depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have.any,construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: �►� 31r15 G. Do you or any co-owner also own other land close to this parcel?. NO If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel 4hf L4 -cweA J n and proposed use S I M CT V r.}�-i�I 1 (examples: exi ngle-f 1 posed: same with garage or pool,or other.description.) I Aut e 2/05; 1/07 I, PRo1EcIr I.D.NUMBER. SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applica'nttp/Sponsor �q 2.Project Name 3.Project location: Municipality County F-153c) Ruck, Lavi>L 4.Precise location(Street address and road intersections,prominent landmarks;etc.or provide map) 5.Is proposed action: NEW ( EXPANSION. ( )MODI.FICATION/ALTERATION ' I 6.Describe project briefly: 7'Amount of land affected: Initially: S-Facres; Ultimately: acres r 8.Will proposed action comply with existing or.other existing land use restrictions:( )YES ( NO If No,describe briefly: 4a ii 2,DY1, 9.What Is present land use in vicinity of project(describe): Residential ( )Industrial ( ).Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10,.Does action Involve.a permit approval or funding,now or ultimately from any other Govemmental agency,(Federal,State or Local)? YES (. )NO if Yes,list agency(s)and permit/approvals: Do& 11.Does any aspect of the action have a currently valid permit or approval? YES ( ).NO If Yes, list agency(s)and permit/approvals: 15) 3 :3 P70- 12.As a result of proposed action,will existing permit/approval require modiflcadon? ( ).YES ( )NO If Yes, list agency(s)and permit/approvals: I certify that the Information provided above is true to the best of my knowledge Applicant/Sponsor Name: Date: 11 pzo t t7 Signature If the ac ';j=�aesialoAre iyou a state agency, complete the Coastal Assessment Fonn before proceeding with this assessment Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT *. * * Date: 11/21/07 Receipt#: 1272 Transaction(s): Reference Subtotal 1 1 Application Fees 6113 $400.00 Check#: 1272 Total Paid: $400.00 Name: Lachance, Debra 514 W 24th St 2nd Floor New York, NY 10011 Clerk ID: MICHELLE Internal ID:6113 �pF SO(/ry ELIZABETH A.NEVILLE ��� �l0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER G Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER IOU ,� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 26, 2007 RE: Zoning Appeal No. 6113 Transmitted herewith is Zoning Appeals No. 6113 of Debra LaChance-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire for Filing with the Z.B.A Application, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Authorization Letter for Peconic Permit Expediting Inc. to file on the owners behalf,Notice of Disapproval, the Findings, Deliberations and Determination from the meeting of November 9, 2006 for ZB File No. 5965, color photograph of the residence, (2) Surveys of the property, Site Plan, Proposed Elevations and Floor Plans. I �I Office Location: O�OSUFFO(�C USPS Mailing Address; OG Town Annex/First Floor,North Fork Bank c� yj 53095 Main Road 54375 Main Road(at Youngs Avenue) C* _ P.O.Box 1179 Southold,NY 11971. py �� Southold, NY 11971-0959 col � Sao hitp;//southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 24,2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and .Chapter 280 (Zoning); Code of the Town of:Southold, .the following public hearing will be held by the SOUTHOLD TOWN.ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971`-0959,on THURSDAY,JANUARY 24, 2008: .9:40 A.M. DEBRA LACHANCE #61;3. Request for a Variance under Section 280-124, based on the Building Inspector's November 14, :2007 Notice of Disapproval concerning a proposed addition. to. the existing single-family dwelling, which is proposed less than 10 feet from the side yard,less than 25 feet for total side yard setbacks, and less than 35 feet from the front.lot line;at 630.Ruch Lane,.Southold; CTM 52-2-26. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at .each hearing; and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours.and prior10 the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.hy.us. Dated: December 27, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address/USPS) P.O. Box 1179 Southold, NY 11971-0959 _ #8662 . STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1 week(s), successively, commencing on the 10th day of January, 2008. Principal Clerk Sworn to before me this 4 day.orCHRISTI 2008 11:25 A.M. ROBERT and ERIN DICKERSON_ #6120.'Request for a Variance under Sections 280-122A and LINSKI 280-124, based on ZBA Interpreta- tion#5039(WaizApplication) and the NOTARY PUBLIC-STATE OF NEW YORK Building Inspector's November 16,2007 No. 01-V06105050 Notice of,Disapproval concerning pro- Qualified in Suffolk County posed additions and:alterations to an existing dwelluig,which new constrac- Commission Expires February 28 2008 tion•creates a new nonconformance or Southold, New York 1,1171-0111, on alterations to the existing,single-family increase in the'degree of a n10fee- THURSDAY.JANUARY 24,2008: dwelling which new construction: (a): ance when,located less than 50 feef ' 9:30 A;M.CHARLES HILL#6I11. will be less than 7'feet from the bulk-. from the fr'ont:lot line,anti less than 15 Request for a Variance under Section head adjacent to Cutchogue Harbor and -feet on aside yard:Location of Proper- 280-15,based on the Building Inspec- (b) will'exceed the,code limitation of _ 1024-0 Alvah's Lane,Cutchogue;CTM i tor's November 5,2007 Notice of Dis- 20% maximum lot coverage.Location approval concerning an as-built acres- of Property: 1165 Old Harbor Road, 1:00 P.M.MILDRED ANN DIACK . so shed in a and other than the code- New Suffolk;CTM 117-3-8.4. #6109; Request for a Variance under required rear yard,at 655 Lake Drive, 1:50 P.M.RICHARD TRIPPTREE Section 280-116A.2,based on the Build- I Southold;CTM 80-3-20. #6118. Request for a Variance under ing Inspector's October 11,2007 Notice . Disapproval.. concerning the Iota- 9:40 A.M. DEBRA LACHANCE Section 280-124,based on the Building o off-Disapproval a dwelling'ncess than-100 feet. #6133. Request for a,Variance'under Inspector's September 7, 2007 Notice from the ordinary high water mark of Section 280-124,based on the Building of Disapproval concerning a proposed. the Long Island Sound,at 1840 Leeton Inspector's November.14,2007 Notice porch addition which will be less than 40. Drive;.Southold;EIM 5$-2-11. of Disapproval concerning a proposed feet from the front lot line,at 910 Wa- iv2, oP.Ntyol90 TM 58-2-1 ASSOCI- ATES addition to the. existing single-family basso Street,Southold;CTM 78-3-50.L. #6117. 'Request for:.a Variance dwelling, which is.proposed less than 2:05 P.M. FRANCIS J. COUTI'S under Section 280-116B,based on`the 10 feet from the side yard,less than 25 FAMILY TRUST by G.Hallenbeck III, -Building Inspectors November 5,2007 feet for total side yard setbacks;and less Trustee#6098.(Continued hearing).Re= Notice of Disapproval concerning pro- , than 35 feet from the front lot line,at 630 quest for Lot Waiver to Unmerge.Loca- posed alterations to the existing first Ruch Lane,Southold;CTM 52-2-26. tion of Property:10650 Sound Avenue LEGAL NOTICE floor, new second-floor addition over 9:55 A.M. ROBERT and MARY at corner of Factory Avenue,Mattituck. SOUTHOLD TOWN ZONING the existing first floor,which new con- KATE DIGREGORIO#6115.Request CTM 142-1-3.2 and 3.3. BOARD OF APPEALS struction areas will be less than 75 feet for Variances under Sections 280-15B. 2:20 P.M. KINGA CRARY #6108. THU BOARD JANUARY 24,2008 - from the bulkhead adjacent to Goose 28045C,280424,based on the Building Requests for additions and alterations PUBLIC HEARINGS Creek,at 1690kheadie jacent Road,t Southold; ; Inspector's,October 15;;2007 amended to accessory building with:1)proposed_ NOTICE IS HEREBY. GIVEN,.._ CTM 70-12-37. Notice of Disapproval concerning a habitable space for studio workshop as.1 pursuant to Section 267 of the Town 1:35 P.M.SANDFORD and ELIZA- proposed accessory garage on this shown in the proposed layout of the ac- Law and Chapter 280 (Zoning),Code ]3ETH FRIEMANN #61I4. Request 16,586 square foot lot.The new garage cessory building,(2)proposed noncon- of the Town of-Southold, the follow- for Variances.under Sections 280-116B is proposed at 22 feet in height in a iota- forming setbacks from the side and rear tion at less than 20 feet from the side lot lot lines at less than three feet,and(3) ing .public,,hearings will,be held by and 280'-124,based on the Building In- line,and less than 35 feet from the front proposed dormers exceeding 40% of the SOUTHOLD' TOWN ZONING spector's amended November 26,2117 I lot line,at 1000 Oak Street (at Pierce the roof width. Location of Property: BOARD.,OF..APPEAL S-at the.,: own-• Notice of Disapproval concerning pro- Drive),Cutchogue;CTM 136-1-36. 355 Skippers Lane,Orient;CTM 24-2-4. Hall,53095 Main Road;•P.O.Box 1179, posed additions,--swimming.-pool, and 10:05 A.M. RUSSELL E. PLAN- 3:00 P.M. EDNA McNULTY (and ITZER #6112. Request for a Vari- JOHN C. DILLER and HOLLY M. ance under Section 280-14, based on DILLER) #6090. Request-for a Vari- the Building Inspector's October 30, ance under Zoning' Code Section 2007 Notice of Disapproval concern- 280-18,based on the Building Inspec- I ing proposed alterations to an existing tor's July-26,2007 Notice of Disapprov- third-story living area in a single-family al which states that the Bulk Schedule dwelling,for'the reason that the Code requires a minimum.lot area of 40,000 limits construction to 21/2 stories in square feet,and:the area of CTM Parcel height.Location of Property:South Side 1000=145-02-1.5'will be reduced.from of Ocean View Avenue,Fishers Island; 20,877 square feet to 20,093 square CTM 9-11-3.1. feet,creating a greater degree of noit- 10:25 A.M.JOHN CORBLEY#6119. conformity,with a lot line change to.en- Request for Variances under Sections large CTM Parcel 1000-145702-1.4:from _---_- _- _-_...-_...____._ .____._..._____._._.-._.__ - , 280-122,280-124, based on the Build- 22,151 square feet to22,936 square feet- ing Inspector's October 4,2007 Notice Both parcels are currently,nonconform- of Disapproval and Zoning Code Inter- ing in lot size'in the R=40'Low-Density pretation#5039(Walz)concerning pro- Residential Zone District, located at posed additions and alterations.to the 160 and 240 Great Peconic Bay Boule- existing single-family dwelling, which vard,Laurel. new construction will create a new non- The Board of Appeals will hear all conforming side yard setback,and will persons,or their representatives,desir- create an increase in the degree of non- ing to be heard at each hearing,and/or conformance,when located less than 15 desiring to submit written statements feet on one side yard and less than 35 before the conclusion.of each hear- feet for both side yard setbacks(total), ing.Each hearing will not start earlier I at 680 Mason Drive,Cutchogue;CTM than designated above.Files are avail- 104-7-3. able for review during regular business 11:05 A.M. GARY GUJA #6116. hours and prior to the,day of the hear- Request for Variances under Sections ing.If'you have questions,please do not 280-124 and 280-242A,'based on the hesitate to contact our office;at (631) Building Inspector's September 17,2007 765-1809,or by email:Linda.Kowalski@ Notice of Disapproval concerning pro- Town.Southold.ny.us. ' posed additions and alterations to the Dated:January 3,2008. existing•single-family dwelling, which ZONING BOARD'OF APPEALS new construction will create,a new non- GERARD P.GOEHRINGER, conformance or increase th'e degree of CHAIRMAN inonconformance with setbacks total- By Linda Kowalski ing less than 35 feet on'both side yards, 54375 Main Road(Office Location) at 372 North Drive, Mattituck; CTM 53095 Main Road(Mailing Address/ TOWN OF SOUTHOWA-6PERTY R C®R® CARD OWNER ; STREET VILLAGE / DISTRICT SUB. LOT Z b ( n l^ . ZC FORMER OWNERS L SGhPO � S,IFX o E % , . ACREAGE S S� �rlC W TYPE OF BUILDING RES. 2. I SW VL. I FARM COM-M. I IND. I CB. MISC. , IMP.. TOTAL LAN I I _ DATE REMARKS 7 10 �� Z... a BIG.�otID DI " ✓ 9 �s o -L / zz J 3 /L'j� > ' _:' <Sc_.�1 -' n On i �NE1M� NOR AL BELO AB VE ,--� r 2 arm ,� �.cre C' Va ue Per Acre, ' Vale Tilla,b� ] Til 2 Tillable, 3 14 Woodland l Swampland Cti . Brushland House Plots o� s� Total O Ce o. �iiiiii3ifltiieiiiii• ■���������®���in��� , :. .. M BidSasement Floors fxt. Walls Interior Extension Fire Place A,' 0 Heck Porch Attic Extension '4 Mom_ IJJ I41a Porch •.• •• Patio Rooms 2nd Floor Garage Driveway B. i • A COLOF 4 5 TRIM 01 ro n : ( ,S� 1 L ve 0 1st 2nd CB Foundation Pc OTHER Bath Dinette FULL COMBO Extension X 2� _��� �o 3 Z� (a3 Basement PARTIAL Floors � ® Kit. Extension Z-t 7 Finished B. Interior Finish L.R. r rt sio l4� = � o 2os © Fire PI"ace . Heat D.R. V/ Garage CQ xZ =1Z(P Ext. Walls a BR. Porch Dormer U Baths Deck/Patio Fam. Rm. Pool? `-1-72 Z5 Foyer A.-C. 5 Laundry O.B. Study Library/ Dock SCTM # 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. 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W �' 22 m ay. ..•. �` //�1 i . 1.2 4'" J� O h EG .+° aE + ro s C_�i� �• ,/{ ..►�6 3.04Ic1 ° S V O „��e o ,b'L °'h a `,+`atr� w1,'• • �° Stpri�" 49 s s��N26 �-r` �f v , 's •�� ,s+ •O'er �//1 /�� $ 1.4 O� ,.°ti n B�'8 a,. s „ -32 •,�m c�1,2 3.1AIc1 '+20.3 ''s, .zy h xPo " y - 2.9A(c) FOR PCL. SEE SEC.NN0. •+ 19•u O 23.1 .,y .e ,^n ,_(3'. ,• ^ R ti �A s 's �^• �� .° °h • ro 6 x a•xh n"� c „SG 4 c (RESERVED FOR PARK 1.3 �(,� j 8 Sg,�tib ro M1 16r , ,� 3 8_9`° s •, ANO PLAYOTEOUNO) 1 ;}fJ 4.9A(c) i s��S °° tiA•,, `.,h " ,�• ^"1.qy/', 'L°' r° a 10`lx Khp ° 4�y 3 .J 1h 2•¢° ,+ \S M1a 2 '° �r/ +^:^5°hS1 tOrO � 5 re _1'1''S�A�, , � b � 5,5 I.1kc) ALRER TSON 53.2.. 1• 6agbej ,° b O s\ / }x 4 S rr G�GtOI ` I ..56 59.2 'b•/Y`s,: / o%jx TOWN OF SOUTHOLO 55/s /j,. ;?OPa/, - 6.SA(c) 60.3 1368A(c) / SRORENNE I \ 'moo / E/ /�•M1h: /ro /.¢.+°/ 1.2 N, �� . \./ �`�• ///, a02r ohm/g'a/, - N u' n 5.0Alcf (- \\ s ,r. �'°�bd�• ,tip '''h.M � �. 41 1.1 �--� •28�! n. 1.3 7.8A1c1 ^/.-'ss 1 • �O��y sw, - c 1.3 \ 9 2.6A 2.OA \ O1 0 8 � � 3.2a SEE FE PCL.rm. sry0?E(.i. SEC.in. FOR PCL.N0. ° \ SEE SEC.Im. 066-01-011.1 SEE SEC.N0. ' IA OS6-ol-Olx.ls 056-01-011.14 SEE SEC. 1.SA &• A `„ 6 i. MATCH �--_� . GPV-f' 0'A LPlE MAT • �p1AG SEE SEC.NO.056 SEE SEC.f APPEALS BOARD MEMBERS • Mailing Address: Ruth D.Oliva,Chairwoman �O��Q� SO(/ryOlO Southold Town Hall Gerard P.Gcehringer 53095 Main Road•P.O.Box 1179 � � Southold,NY 11971-0959 James Dinizio,Jr. OfficeLocation: Michael A.Simon %�`� iQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �'Ycou 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 N 22�8Df 2006 r FINDINGS, DELIBERATIONS AND DETERMINATION Southold tows clerk MEETING OF NOVEMBER 9,2006 ZB File No.5965—Debra Lachance Property Location: 630 Ruch Lane(at Arshamomaque Pond),Greenport CTM 52-2-26 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 7,983 square foot parcel has 48 feet along Ruch Lane and lot depth of 168.77 is improved with a two-story, single-family dwelling, shown on the survey prepared on 2/26106 updated 415/05 by John C. Ehlers, Land Surveyor. BASIS OF APPLICATION: Based on the applicant's request for a building permit and the Building Inspector's April 24, 2006 Notice of Disapproval, amended October 2, 2006 citing Sections 100-33B & C (280-15) and 100-244B (280-124), Variances are requested to locate an accessory garage with a setback less than 35 feet from the front lot line and less than three feet from the side lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant submitted an application for an accessory,one-story accessory garage(14'by 20')at two(2)feet from the side property line at+/-5 feet from Ruch Lane. AMENDED RELIEF REQUESTED: During the October 26, 2006 public hearing, the applicant was requested to furnish an alternative plan, moving the garage closer to the existing dwelling and in more conformity to the code required minimum 35 feet from Ruch Lane and required minimum of three feet from the side property line. On November 1, 2006, the applicant's architect submitted an alternative plan, reducing the size of the garage from 14 feet x 20 feet to 10 feet x 18 feet. The alternative plan A-101 with a revision date 10-31-2006, shows a placement of a smaller garage seven (7)feet from the side property line, matching the same seven (7) setback of the existing dwelling, and proposed at 18 feet and 167 from the front lot line at Ruch Lane, measured from the two front corners of the garage. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The owner desires to add an accessory garage between the Road and the Page 2—November 9,2006 ZB File No. 5965—Debra Lachant CTM No.52-2-26 applicant's reconstructed dwelling. Placement of garages closer to Ruch Lane is not uncommon In this neighborhood, however,the original location which was proposed at 5 feet by applicant from Ruch Lane and 2 feet from the side line was not the minimum necessary In relation to the code requirements. Since the lot is narrow at 48 feet and substandard in size containing less than 8,000 square feet 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 there is limited area in the front yard due to the location of the existing house; the rear yard is adjacent to Arshamomaque Pond which has restricted areas under the environmental regulations. 3. The variances granted herein are substantial. 4. The difficulty has not been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The area consists of several garages in similar locations on lots narrow in width. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried,to DENY the variance as applied for,and to GRANT alternative relief for a 10 ft. by 18 ft. accessory garage at a minimum of 167'and 18 feet from the front lot line, adjacent to Ruch Lane, and a minimum of seven (7) feet from the side lot line, as shown on the revised 10-31-06 plan A-101 prepared by David Howell Design, subject to the following Conditions: 1. That the height measured from ground to the top of the ridge shall not exceed 12 feet; 2. That the garage shall be no closer than 18 feet from the front property line. 3. That the garage shall be used as an accessory without plumbing or heating. 4: That the garage shall be for storage and parking of vehicles,and not for non-habitable space. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehrnger, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva 11 /06 Approved for Filing ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW PORK -----------------------------------------------------X In the Matter of the Application of LL AFFIDAVIT Gt rl ew OF (Name of Applicants) MAILINGS CTM Parcel #1000- 52 - 2 -2 ----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Ro6f'r� 1 A6-1� residingat Mal" C_ �ies CC New York, being duly sworn, depose and say that: On the (D _day of a va. 1.00-9, I personally mailed at the United States Post Office in G�j�i�s 01-e New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,'a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the O? Assessors, or( )County Real Property Oiffice , for every property which abuts and is across;a public or priv�,be street, or vehicular right-of--way of record, surrounding the applicant's property. (Si ature) Sworn to before me this day o f �J� , 200 tETER R. MCGREEVII NOTARY 10I14IIC-STATE OF NEW YORK No. 02MC61 S 1314 Qualified In Suffolk County (Notary Public) My Commission ExplM August 04, 2009 PLEASE list, on the bac of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you, ■ • ■ • Ln cc /• g CO I • Coverage /• I NoCoveragePtovide& M JimI TOi� Y �" s N NEO' �A 0 1 ,, ;: E FU Postage $ $0.4 to 09 `.99 Postage $ $0.41 �'93 S OCertified Fee $t. 11�QO� CO O Certified Fee , .6J (•j 11 4p �� 0 Return Receipt Fee $2. P0� d r'' 0 Return Receipt Fee r P�Or Here (Endorsement Required) � a (Endorsement Required) $2.15 1 r-q Restricted Delivery Fee rq Restricted Delivery Fee J r9 (Endorsement Required) $0.00 er° q rl (Endorsement Required) $0.00 w► u') Total Postage&Fees $ $5.21 0 200$ u7 Total Postage&Fees 0 O Sent To VV�� a entTo M1 ----------------Pa.bb�r�----•--- = N►n-- ob5o _Gl2w± ,v�-f' - ----------------------- Street Apt No.; $freeF,Apt.No.; or PO Box No. • or PO Box No. � W. City,State,ZIP+4 k� %ylfA+InA �� City,State,ZIP+4NV— I ob , ` 112 55- Postal Servicetm. <z RECEIPT ..0 •/ 'r t� CO l On • insurance coverage, • •-• �. C3 BRQO �Y A �d fU �, 0 Postage $ $0.41 0935 o Certified Fee `.G5 Qj3 5-9 99 O Return Receipt Fee PO rk (Endorsement Required) $2.15 '� 0 O V°t Restricted Delivery Fee r-=1 (Endorsement Required) $0.00 Y M Ln Total Postage&Fees $ $5.21 E3 rlSent To O T. C = tie, Stn et Apt No.: r �y f or PO Box No. 53 I ar_/'o i t ` city state,Z,P+4 - ------------- ---- i�rt9'Ok.l V1 21 I I 44, l J 4 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW PORK --------------------------------------------------- -x In the Matter of the Application of AFFIDAVIT d 4r,A G 4 G!4„ cc OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I,_Ro 6 ae lL t lek e 1 - residing at 311,gr Alain R01 444e %&,G , New York, being duly sworn, depose and say that: On the—M-_day of 44, 2008, I personally placed the Town's official Poster, with the date of hearing and natu a of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be X. nary ,Z ZODB ;4(st0ture-) Sworn to before me this l day o ,.,�,� ., 200 e PE To*it. MCOREEW NOTARY 100kld-SLATE OF NEW YORK No. 02MC61 3 1511 Qualified In Suffolk County (Notary Public) My Commission Explr*8 August 08. 2009 *near-the entrance or driveway entrance of my properly thA flr most. leto passe • 0 IIN � /� yy ' f '' - � � � r � �Itlllllillfll11111 _ L�n I IG xiv` 4 j 70.25 3110 0000 . 2760 8679 ;2� 0000 Dog 2 1215 aJb lie L� - • CX JD - --= R ' 7 K. { _ANSACTIONAL DISCLOSURE FOIuvl APPLICABLE TO OWNER., CONTRACT VENDEE NDEE AND AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers ...r :.> 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. (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.) Variance 2007 Special Exception NOV 2 0 *Other Approval or Exemption BOp,RD OF APPEALS from plat or official map Change of Zone 1) Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, relationship with any of or employee of the Town of Southold? "Relationship' ncl desor child) eby blood, marriage or business interest "Business interest" means a business includin a pArtnership, in which the Town officer or em to ee has even a partial ownership of or em to ent b a corporation in which the Town officer or employee Owns more than 5% of the Shares YES NO Ifyou answered "YES'; complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the . Either check the appropriate line A through D (below) and/or Town officer or employee 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 2 ov �407 Signature: Print Nam . o �, PECONIC PERMIT EXPED �rING Building / DEC / Variance / Marine ` 32645 Main Road•Cutchogue,NY 11935 E-Mail neconicnermits(@optonhne.net Ph 631.734.8361 •Fx 631.734.2276 November 7, 2007 RECEWED Board of Appeals NOV 2 0 2007 Town of Southold P.O. Box 1179 BOARD OF APPEALS Southold,NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Peconic Permit Expediting Inc."to act as my agent in obtaining a variance/appeal from the Zoning Board of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Respectful ours, Ms. Debra LaChance - Homeowner S Office Location: o 4%3FF0j/r USPS Mailing Address: G Town Annex/First Floor,North Fork Bank c� yj, 53095 Main Road 54375 Main Road(at Youngs Avenue) ti Z P.O. Box 1179 Southold,NY 11971 S Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 November 27, 2007 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6113 LaChance Action Requested: Side Yard Setbacks Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman, By: Enclosures Ni�TIr:. E or HEHRINo The following application will be heard by the'Zouthold Town Board of Appeals at Town Hall, 53095 Main Road,, Southold: NAME : LaCHANCE , D . #61 ,13 MAP # wE 52=2=26 APPEAL : Setback Variances r--,EQUESTE Add itions/Alterations DATE : THURSDAY, Jan .- 24, 9 :40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . BONING BOARD-TOWN OF SOUTHOLD 765= 1809 _ _ .r TO of Soufho d ZS`A` O.App...Name` 'O tax Ma C t=ile"No: ❑Ii sfq . 71 p i I Board Member Michael A. Simon _ ! wSearch: 1 Unliste i<.; ," ;. :a :-- = - _ I _ ; i ❑Other } Hearing.Time: 1752PMPM .i ;1 File Number:. 6113 ' Tax Map:J52.-2-26 App. Name: r Lachance, Debra^ I' r Received Date: !2 //200?_}Tbt. Fees; _ 4_ .00 Hamlet° Southold l"ype Residential 1 Zone f ':Date�forwardeci to Town'Clerk 1/20/2007 . __.. d 5 ,; f Status : New ' Action: Meeting M e 'hg Dates ` Building L3ept.y 9 Location 630 Ruch Lane Meetirng Date ND Date 1 /14/200711 [Short Adds to existing sfd - 280-124; single side yard ! i 'Hearing Date:!, ND Date.2 Desc.: setback 6.8'• total side yard setback 16.8' and front Hearing bate 2, _€` ND Date•3 copy 1 ✓ yard setback of 26.25' , _ I Hearing Date.3�;:ND Datew 4 ° . Prior ZBA #5965 (2006) Hearing bate 4 ND Date.S I Notes< "Hearing Date 5 _-' 'ND'Date 6 I =E. Action Date: ; ,ND Date 7 I ' 11 20 2007 2 24 PM, "' _ J J ,�•--� cAPS : NUM ? � Develbpa h SoutfioldTown'Dati Praces5iiig. rtmenfi -j -,'ONING BOARD OF APPEALS MAILING ADDRESS and SCE OF HEARINGS: 53095 Main .—ad, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765=9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hM://southtown.northfork.net December 27, 2007 Re: Town Code Chapter 55— Public Notices for Thursday, January 24, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before January 7th : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than January 8t . please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 14th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to January 24, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. . i d LEGEND ADDITIONS ?,(D C� & ALTERATIONS TG - TOP OF GRATE ELEV. e (CATCH BA51N) AT THE CL - CENTER LINE OF STREET s, LACHANCE \x �� �/ ' TC - TOP OF CURB ELEV. • �/ 72.5 - EXISTING SPOT ELEV. RESIDENCE N5T - NEW SEPTIC TANK NLP - NEW LEACHING POOL co ° N5D - NEW STORM DRAIN o� °� —- -- -- 630 RUCH LANE 0,O -- - - -- 72.5 GREENPORT NYo oo o- EXISTING CONTOURS EXISTING WATER SERVICE / G G S.C.T.M. # 1000 — 52-2-26 / NEW GAS SERVICE 00, E E NEW U.G. ELECTRIC SERVICE t co REVISIONS: DATE: � w (5 D-#) (S D-#) g ��c w I co w CO '' '- G�` NEW OPEN C.I. GRATING NEW SOLID C.I. COVER \� o�ww �' PROP ED `� o �� NEW 8-O DIA. STORM DRAIN w STUDIO w ADDITION co / \;- 0 co ko 0 0� / \ 00 / Q) fit` ,�•� � ' / � J. �• •' } . (p o� o FINAL MAP REVIEWED B' `:ZBA SEE DECISION # II 22 / DATED A ANAL MAP �e �e ,-' RE' r L�3A o� / c , 8E0, DAkil rl K, ...... ... PECON I C PERMIT '70' o EXPEDITING cp ` `• C° �' \\� o r - I c / v PHONE : G31 .734.83G °` \0 � 4Q s BOULEVARD PLANNING O`;;- O� i ti ------ a F.°°o ;' `- D� � P.C. 41Z3lt F`�.,tip, S<,op ;• 8 0) _ \� i ARCHITECTS ENGINEERS 2 0 2001 32645 MAIN ROAD CUTCHOGUE N.Y. 11935 _ BOARD OF Ap ' PE r ` �, / `, ` '• ` '�_ y�`' `` . _ ALS Telephone Fax / a ---•- ` 631-734-20 11 631-734-2276 ......... Internet: vvwW.blvdplan.com 4- �� SITE AND ZONING DATA THESE PLANS AND SPEC'1FCATIONS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF BOULEVARD PLANNING P.C. ZONING REQUIREMENTS R-40 INFRINGEMENTS WILL BE PROSECUTED. a� ; EXI5TING CONDITIONS PROPOSE CONSTRUCTION `9 o r /i�j AS PER 250 - 124 I Q LOT AREA 7, 982 S.F. 7, �82 S.F. 0�� • tii DATE: 10-22-07 •/1iJ ';� FRONT YARD SETBACK 35.0 FT 37.G FT. 27.3 FT. 1> J - ' REAR YARD SETBACK 35.0 FT 7G. 25 FT. 7G. 25 FT. DR. BY: R W L SIDE YARD SETBACK 10.0 FT 7.0 FT. G:8 FT. SCALE: AS NOTED a \ TOTAL @ BOTH 51 D E5 25.0 FT 17.0 FT I G.8 FT MAX. GROSS FLOOR AREA 20% 1 302 S.F. I G.4% 1 545 S.F. 1 9.5% CHKD: J.S. MAXIMUM HEIGHT 35.0' FT 25. O' FT 25. O' FT i THERE ARE NO GRADE CHANCES, EXCAVATION, FILLING, AND/OR CLEARING DONE TO THIS PROP RTY 44. 0 SITE PLAN 4 SCALE: i °=3Oi PROJECT NUMBER SHEET NUMBER I 0703 sp- I I t Y UP ADDITIONS & ALTERATIONS AT THE LACHANCE RESIDENCE I I I I I I BEDROOM I I 630 RUCH LANE ' II GREENPORT NY � � II I o I 0 S.C.T.M. # 1000 — 52-2-26 3 o REVISIONS: DATE: T.O. SECOND FLR. I I o I b STUDIO i b111-All III III III III III If 1111 111 111 Ili Ili III III Ili III III Ill III III if III If III III If I 1 CATHEDRAL > CATHEDRAL CEILING I CEILING I ' I T.O. FI R5T FLR. OL EL. +4'-0" j i 1 2'-0" 18'-I" i 30'-1" PROP OSED NORTH ELEVATION FINAL MAP � SCALE: 114... = I '-O" WALL TO BE REMOVED REVIEWED BY ZBA ' WALL TO BE REMAIN SEE DECISION # NEW WALL CONSTRUCTION DATED (0o F ':. •: NEW FOUNDATION PROPOSED FLOOR PLAN `' ' ` !' •-.�: WALL CONSTRUCTION ' SCALE: 114" - 1 '-0" i 12 PECONIC PERMIT Q EXPEDITING PHONE : G31 .734.83G BOULEVARD PLANNING P.C. ARCHITECTS ENGINEERS 32645 MAIN ROAD CUTCHOGUE, N.Y. 11935 iIL It tif Ill- Telephone Fax 631-734-2011 631-734-2276 T.O. SECOND FLR. EL. +13'-10" Internet: www.blvdplan.com Will THESE PLANS AND SPECIFCATIONS ARE INSTRUMENTS OF SERVICE I AND ARE THE PROPERTY OF BOULEVARD PLANNING P.C. !I INFRINGEMENTS WILL BE PROSECUTED. 1 DATE: 10-29-07 1 DR. BY: RWL rrr EL. FIRST FLR. , SCALE: AS NOTED EL. +4'-0" J, FIN. FIRST FLOOR Y ELEV. +0'-0" CHKD: J.S. 1 , PROJECT NUMBER SHEET NUMBER PROPOSED SOUTH ELEVATION PROPOSED FRONT ELEVATION - - 0703 A- I SCALE: I/4 - I -0 � SCALE: I/4" - i '-O" i i