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t` g�v .B lve- N1 owb h ISD X --'O(d 30 G�bod s�f� o' (yLw hw6f�— bu,ll�ta��` �o— Il6 C�)- BOARD MEMBERS Southold Town Hall o Leslie Kanes Weisman, Chairperson of s0�ryl 53095 Main Road•P.O.Box 1179 � O Q Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer Town Annex/First Floor,Capital One Bank George Horning G,.�►c►O �Q 54375 Main Road(at Youngs Avenue) Ken Schneider I�C�U Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 3 J h N 201 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 2,2011 Southold 7 Wn Clerk I ZBA FILE: 6464 NAME OF APPLICANT: Frank and Rosemary Monteleone SCTM#1000-57-01-30 PROPERTY LOCATION: 850 Blue Marlin Dr.(adj.to Shelter Island Sound), Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this I application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 28, 2011 stating that this application is considered a matter for local determination as there i appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: A Letter dated April 26, 2011 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP)standards. PROPERTY FACTS/DESCRIPTION: Subject property consists of 23,296.32 sq. ft and is improved with a 2 story frame house with attached garage and decks. It has 100.00 feet of frontage on Blue Marlin Drive, 235.18 feet along the east property line, 99.91 feet on Shelter Island Sound and 231.19 feet along the west property line as shown.on the survey dated August 17,2010 prepared by Nathan.Tft Corwin, III,LS. BASIS OF APPLICATION: Request for Variance from Code Article XXII Section 280-116B and the Building Inspector's July 13, 2010, Updated February 25, 2011 Notice of Disapproval based on an application for building permit for as built additions and alterations at: 1)two decks at less than the code required setback of 75 feet from a bulkhead. RELIEF REQUESTED: The applicant requests relief for an as built deck addition setback of 70.3 feet from a bulkhead requiring a 4.7 foot variance to the code required 75 foot setback. The applicant also proposes an as built accessory deck setback of 0 feet from a bulkhead,requiring 100%relief from the code required 75 foot setback. ADDITIONAL INFORMATION: The applicant was issued permit number 4687 by the Board of Southold Town Trustees on December 23, 1996 authorizing the additions and alterations which the applicant requests in this Appeal, except the deck addition was authorized to extend 16 feet from the dwelling and it is as-built at approximately 17 feet from the dwelling.Upon further review of the trustees permit and site plan drawing, it can be determined that the proposed as-built 8' x 12' accessory deck at the bulkhead replaced an existing concrete deck of approximate equal area and location. The Board received a letter from the adjoining property owner to the west stating his support for granting the requested variance relief. Page 2- June 2,2011 ZBA File46464-Monteleone CTM: 1000-57-1-30 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as-built deck addition is a common amenity of dwellings in this neighborhood. The as-built accessory deck at the bulkhead is not common in.this neighborhood, however it appears to have replaced a concrete deck at the same location and there was no evidence submitted to indicate that it is a detriment to nearby.properties. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot(if granted as applied) be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject deck structures exist in j their present non-conforming locations which require area variances if they are to remain. 3. Town Law 4267-b(3)(b)(3). The variance requested herein for the deck addition requiring a 4.7 feet or 6% variance from the code required 75 foot setback is not mathematically substantial nor is it substantial when compared to the bulkhead setbacks of other properties in the neighborhood. The variance requested herein for the proposed as-built accessory deck with a 0 foot setback from the bulkhead requiring 100% relief from the code required 75 foot setback is mathematically substantial. However,the substantiality is mitigated when considering it replaces a concrete deck and the as-built accessory deck is less than 100 square feet in area. 4 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. It is assumed the as-built decks have existed since 1997 without any apparent adverse impacts on the environment or physical condition of the neighborhood. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant completed the additions and alterations without the code required building permits or variances. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an as-built deck addition to the dwelling having a 70.3' setback from a bulkhead and an as-built accessory deck having a 0' setback from a bulkhead 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 Schneider, seconded by Member Goehringer, and duly carried,to GRANT, the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, L.S. dated February 24, 2006,with last revision date of August 17,2010 "final survey on addition". i Conditions: 1. The as-built subject accessory deck at bulkhead shall remain open to the sky and shall not be increased in area and size. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a j 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. f Page 3- June 2,2011 ZBA File#6464-Monteleone CTM: 1000-57-1-30 i 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 Weisman(Chairperson), Horning, Goehringer, Dinizio, Schneider. I This Resolution was duly adopted(S-0). I r I i Leslie apes W isman, Chairperson Approved for filing / /2011 i i is i i i I I I. i I. I i SURVEY OF LOT 9 TEST HOLE DATA MAP OF (TEST HOLE DUG BY McDONALD GEOSCIENCE ON FEBRUARY 10, 2006) soUTHoLD SHORES EL. 11.0 0' DARK BROWN LOAM OL FILE No. 3853 FILED ON AUGUST 29, 1963 1.0' BROWN CLAYEY SAND SC EL. 4.9 <� 6.0 SITUATED A T GROUND WATER 81,BROWN CLAY CH - - ARSHAMOMA UE TOWN OF SOUTHOLD —_ —_ SUFFOLK COUNTY, NEW YORK WATER IN BROWN CLAY CH — — S.C. TAX No. 1000- 57-01 —30 SCALE 1 "=20' — — FEBRUARY 24, 2006 MAY 18, 2006 ADDED PROPOSED ADDITIONS AUGUST 21, 2006 ADDED TOPOGRAPHICAL SURVEY 46' SEPTEMBER 1, 2006 REVISED TO SHOW PROPOSED 4 BEDROOMS JUNE 19, 2009 REVISED PROPOSED ADDITION WATER COURSERSA D OWN FINE TO SW �� ° AUGUST 17, 2010 FINAL SURVEY ON ADDITION 52 AREA = 23,296.32 sq. ft. Ejl v 0.535 ac. WP�ER 1N SjRE o n D A-UgE1C (P D•. v °O v D° 11"VUU O D'v D SS / DO p1PE v v D° v D WATER MEfE/ ° ``O cI1 MAR 1 4. 2011 °. D o Mpp05T FAp W1RE5 / o D D lA OVERH v ' D ++ D o � N °D' j O U NEgGP Ix°. C �t� ° J NOTES: m 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: cp�01 ° . \ N &LOCk CURB D° v� EXISTING CONTOUR LINES ARE SHOWN THUS: 2. FLOOD ZONE INFORMATION TAKEN FROM: o- ° ° FLOOD INSURANCE RATE MAP No. 36103CO159 G 1 \. �' °.�o ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE X*: AREAS OF 500—YEAR FLOOD; AREAS OF 100—YEAR FLOOD WITH AVERAGE 1 pro D o v DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100—YEAR FLOOD. 0,MpP051�j LEGEND: EXISTING LEACHING POOL TEST HOLE EXISTING SEPTIC TANK \ \ ` 11 gR5TON5 BRICK � PpRGN 4 9EL o f 1 9 / 42 i r r FVE m `P Sl0� R ,NRA'� FRAMGE A- 2 / E�EC(R1C S UR- 4 f / RGRONNp METER � H��S faEpMS UNDE OPPNE� 4 hK GOVE / r0 o Z SP' CHIMNEY PIG UN � 42.4 -n 2�d• fW. DECK .i. Wp00 L n ' / o DECK s9 HOT �To WOOK luo 1 \ W00D \ STEpS / LoT 1 � 0 1� BUNKO F�W PPPPRENj HIGH o w 0 u• � � o 0 + �, ��a � �✓ _ FINAL MAP ti3�� Cp REVIEWED BY ZBA 01 SEE DE01S1ON 0. DATtDjQ ,� 1 WOOD � `KNUD PIT '�+ ER MPRK 99 .9 •L m 1 DEONGWOOD B� NEPp Cfl FOUND PREPARED IN ACCORDANCE WITH THE MINIMUM FENCE NPU ++ W BYATHERDSA.L.S.TITLE AND APPROVEDAANDESTABLISHED 2.6'W + 9 Z, FOR SUCH USE BY-THE'NEW ORK STATE LAND S 60 ✓� �� TITLE ASS OCI TON.OF T N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF Nathan Tait Corwin III SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES THIS SURVEY MAP NOT BEARING an Surveyor THE LANDD SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys — Subdivisions — Site Plans — Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 ADAM C. VOLOSIK ARCHITECT 528 South Harbor Road Southold,NY 11971 631.806.2537 EXISTING HOUSE EXISTING HOUSE d-------- co (D X - EXISTING MASONRY PORCH 21 0"- 1, 2"x8"RESTING ON EXISTING MASONRY PORCH (-2)2M!X40 F71 F1 F1 —-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C; 0STMRAP`PED_ C> = _Zo ------I=LINE OF SECOND =WICEDAR x LLINE OF EXISTING -FLOOR DECK-ABOVE— C14Ud MASONRY PORCH ————-- LINE OF EXISTING ------------------- MASONRYPORCH ____ HOT TUB EXISTI NGDECK`___ EXISTING HOT TUB F —1 F 1(2)2"X10" (2)2"X10" — 1(2)2'X-10--'4 (2)2-'X1 0—' -- -RAILING i � STEPS DNE L _ L — L — L — STEPS DN 2"X10" 4"X4"POST TYP RIM JOIST CP —FOOTING UNVERIFIED IN 81-11" 8'-10" T-0" 41-9" 7'-9" J� 4' L4:_ 4" '01 18'-6" 8'-4" 16'-3" 11" 01 4'-11" 20'-10" 4'-10" 5'-6" 10 L 7 Ir 43'-0" .1 42'-11" q 00 70, EXISTING 4" 2"X��"X 4" WOOD EXIST. T 01 WALK RAILING 10 QIQ" L�'F F N. L _J —EXISTINGBEN H 2 REVISED 01 NOVEMBER 2010 4"X4"POST TYP 1 AS BUILT 03 OCTOBER 2010 --FOOTING UNVERIFIED O U: (j CV NO. ISSUANCE DATE (b Zo 60 ?< � -----EXISTING DECK RELEASES @ LINE OF EXIST BULKHEAD EXIST SEAL: -RAILING 12'-2" FOUNDATION PLAN FlRST FLOOR PLAN MAR 14 2011 EOARD OF APP::ALS EXISTING HOUSE EXISTING DECK 9 BO PROJECT: -EXIST. RAILING Montelone Deck 4 -5" Blue Marlin Drive Greenport, NY DRAWING NAME: AS BUILT DECK PLANS DRAWING NUMBER: DRAWN BY: ACV SET: CHECKED BY: ACV AB SCALE: 1/4'1=11-0" SHEET: SECOND FLOOR PLAN I o f 2 PROJECT No 10-03 ADAM C. VOLOSIK ARCHITECT 528 South Harbor Road Southold,NY 11971 631,806.2537 1"x6"CEDAR CAP 1"x6"CEDAR CAP TOP OF HANDRAIL 1"X4"CEDAR RAIL 1"X4"CEDAR RAIL 4"X4"CEDAR POST o 4"X4"CEDAR POST 2"X2"CEDAR BALLUSTERS r`' 2"X2"CEDAR BALLUSTERS 1"X4"CEDAR RAIL TOP OF 2nd FLR DECK 1"X4"CEDAR RAIL POST WRAPPED W/CEDAR POST WRAPPED i� W/CEDAR cD 1"x6"CEDAR CAP to in 1"X4"CEDAR RAIL ZN TOP OF HANDRAIL 4"X4"CEDAR POST o 2"X2"CEDAR BALLUSTERS HOTTUB 1"X4"CEDAR RAIL TOP OF 1st FLR DECK J lit 1' o J. CEDAR LATTICE N TOP OF GRADE41"', t. CEDAR STEPS&RISERS CEDAR LATTICE 2 REVISED 01 NOVEMBER 2010 1 AS BUILT 03 OCTOBER 2010 NO. ISSUANCE DATE " SOUTH ELEVATION 2" WEST ELEVATION (EAST ELEVATION SIMILAR) RELEASES 1/4"=V-0" 1/4"=1'-0" SEAL: 1"x6"CEDAR CAP 1"X4"CEDAR RAIL 4"X4"CEDAR POST " O 4 REC- m 2 X2 CEDAR BALLUSTERS M co 1"X4"CEDAR RAIL MAR 14 2011 �* E30ARD OF APPEALS 3" NORTH ELEVATION (SOUTH ELEVATION SIMILAR) PROJECT: Montelone Deck Blue Marlin Drive 1"x6"CEDAR CAP Greenport, NY 1"X4"CEDAR RAIL 4"X4"CEDAR POST DRAWING NAME: 2"X2"CEDAR BALLUSTERS AS BUILT DECK 1"X4"CEDAR RAIL ELEVATIONS 4" WEST ELEVATION (EAST ELEVATION SIMILAR) 1/4"-1-0" DRAWING NUMBER: DRAWN BY: ACV SET:: CHECKED BY: ACV AB SCALE: 1/4"=1'-0" SHEET: PROJECT No 10-03 2 of 2 OFFICE LOCATION: �QF S0 MAILING ADDRESS: t Town Hall Annex � y�lO P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) J(` Southold, NY 11971 cn y� Telephone: 631 765-1938 Fax: 631 765-3136 "4UNT`l,�c`� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD REC�j�/E® APR 2 6 loll MEMORANDUM $QARD OFAPPEAL S To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: April 26, 2011 Re: Coastal Consistency Review for ZBA File Ref Variance request for FRANK and ROSEMARY MONTELEONE #6464 Request for Variance from Code Article XXII Section 280-116B and the Building Inspector's July 13, 2010, Updated February 25, 2011 Notice of Disapproval based on an application for building permit for as built additions and alterations at: 1) two decks at less than the code required setback of 75 feet from a bulkhead, located at: 850 Blue Marlin Drive (adj. to Shelter Island Sound) Southold, NY. SCTM#1000-57- 1-30. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the LWRP. The applicant does not propose best management practices to mitigate the impacts of such development on the water body. In the event that the application is approved the following is recommended to further Policy 6. (below). J • ' Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided. 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. The establishment of a minimum 20' wide, landscaped buffer landward of all bulkheads. A sample definition of a landscaped buffer follows for your use. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation (no turf) similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15- 20091 It is recommended that the landscape buffer be restricted to prohibit fertilization of vegetation. RECEIVED APR 2 6 2011 BOARD OF APPEALS J s , A s� y� g • Figure 1. Subject parcel (white arrow). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Jennifer Andaloro, Assistant Town Attorney Fo OR 26 eOgR0 Z�11 OFgppFg �S RECEIVED MAR 14 2011 Fee:$ Filed By: vVn Assignment No. ff1 el�in ®P�dPp�AL� APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No.850 street Blue Marlin Drive Hamlet Southold SCTM 1000 Section 57 Block 01 Lot(s) 30 Lot Size 0.57 acres Zone R40 I(WE)APPEAL TH + WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATE BASED ON SURVEY/SITE PLAN DATED 8t17t10 Applicant(s)/Owner(s): Frank & Rosemary Monteleone Mailing Address: 15 Oak Lane, Old Brookville, N.Y. 11545 Telephone: (516) 673-1112 Fax: ' Email: fammdl@aol.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Heidtmann & Sons, lnc. forE]Dwnet[0Other: Agent Address: P.O. Box 932, Cutchogue, N.Y. 11935 Telephone: 734-7484 Fax: 734-5943 Email: gfhbuild@aol.com Please check to specify who yo wish correspondence to be mail to, ro 1 e above Appl aant/ow er(s), !A �orizedAut epr ati e, Othe /Address below:❑ WHEREBY THE BUILDING INSPECTOR REVIEWED S EY/SITE PLAN DATED 911/06 and DENIED AN APPLICATION DATED 10/20/09 FOR: Building Permit Certificate of Occupancy ( )Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other:'Hood deck setback @ 0'from bulkhead Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: xxu Section: 280116B Subsection: Type of Appeal. An Appeal is made for: QA 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 Elhas,�✓ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA IFile# RECEIVED_�(1—! REASONS FOR APPEAL(additional sheets may be used with preourer's signature): MAR 1 4 2011 AREA PARLANCE REASOYS: DOARD OF APPEALS (.1), An undesirable change will. not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because.: Surrounding neighbors have comparable decking and structures on their properties and maintain them to retain the character of the community (2) The benefit sought by the applicant CANNOT' be achieved by some method feasible for the applicant to pursue,other than an area variance, because: The structure in question is within 0' of the bulkhead and has been in existence for approximately seven years (3) The amount of relief requested is not substantial because: The decking attached to the house is only a few feet larger than what was originally approved by the Trustees, we wish to not have to dismantle it (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: It is a modest structure that does not offer and obstruction or interference with any neighbors, nor, the environment (5) Has the alleged difficulty been self-created:' Yes,or DNo. Are there Covenants and Restrictions concerning this land: F-71iNo.❑Yes(Please furnish 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. Check this box 0 IF A USE VARIANCE IS BELVG REQUES'L'ED, AND PL,t3ASE C;'011IP1,ET1s' ATTACHED USE K4RIAWI,"SHEET: (Please be sure tdonsult your a torsi'y.) (:;4�i�g2turc of Ap Ilan or Authorized Agent (Aenhmust submit written r uthm•ization limn Owner) Sworn to be ore rue this clay of rd 20 MCA f� Notary Publie CONNIE D.BUNCH Notary public,State of New Y06. No.01 BU6185050 Qualified In Suffolk Count Corrlmiesion Expires April 14,'r Q I.�-- RECEIVED MAR.14 2011 APPLICANT'S PROJECT DESCRIPTION ®��® (For ZBA Reference) OF APPEALS Applicant:Monteleone/Heidtmann & Sons, Inc. Date Prepared: December 13, 2010 / ' I.For Demolition of Existing Building Areas Please describe areas being removed: NA II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NA Dimensions of new second floor: NA Dimensions of floor above second level: NA Height(from finished ground to top of ridge): NA Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: NA 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: Pre-existing structure Number of Floors and Changes WITH Alterations: size of rear deck addition: 16'-1"x 42'-11" size of deck on bulkhead: 8'-2"x 12'-2" IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: house: 1,629 sq.ft. Proposed increase of building coverage: 1,140 sq.ft. Square footage of your lot: 23,296 sq.ft. Percentage of coverage of your lot by building area: 12% V. Purpose of New Construction: Already built six(6)years ago 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): within 75'of water 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 2EECEEVE® QUESTIONNAIRE MAR 14 2011 FORYILING WITH YOUR ZBA APPLICATION BOAR®OFAPPEALS A. Is the subject premi es listed on the real estate market for sale? Yes No B. Are there any proposals to change or alter land contours? No Yes,please explain on attached sheet. C. L.)Are there areas that contain sand or wetland grasses? 2 ArAre those areas shown on the survey submitted with this application? ALA 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? 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?.. AM E. Are there any.patios, concrete barriers,bulkheads. r 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 ny construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. if any are lackirig,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to this parcel? A If yes;.please label the proximity of your lands on your survey. H. Please list present use.or operations conducted at this parcel and the.proposed use (ex:existing single hamily,proposed:same with garage,pool or other) � / . 1. t rized signature a d Date i AGRICULTURAL DATA STATEMENT MAR Y 4 2011 ZONING BOARD.OF APPEALS ®� TOWN OF SOUT:HOLD . �®®Fglsp, ((��'// EALS WHEN.TO.USE HIS FORM. The form must be completed by the applicant for anyspecial use permit,site plan approval, use variance,or subdivision approval on.property within.an agricultural district OR within 500 feet.of a farm operation located in agricultural district.All applications requiring.an agricultural data statement must be referred-to the Suffolk Eounty Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal.Law. . 1)Name�of Applicant: .2)Address of Applicant:. � d ,Z,a,LaY rL h y� 3)Name'of Land Owner.(if other than applicant) 4)Address of Land Owner: �CSb U r 5)Description of Proposed Project: 9-�ie y Fes; 6)Location of Property(toad and:tax map number): 4,,;- 4 7)Is the parcel within an agricultural district? lj3No ❑Yes If yes,Agricultural District Number 8)Is this parcel actively farmed? Mo..❑Yes 9). Name and: address of any owner.(s) "of Aand within the agricultural district containing active farrim operation(s)'16cated 500 feet,of the boundary of the proposed,project..(information may be,available through the.Town Assessors Office; Town Hall location.(765-1937) or from any public computer at the Town Hall locations`by viewing the parcel numbers 6n the Town of Southold Real Property Tax System: . Name and.Address: 2 • 3.. 4. . 5 6. (Please iike backside of page if more than six property owners are identified.) The lot numb s maybe obtained,in advance,when requested from.either the Office of the PlanningBoard at •765-1938 o the oni .g Board of.Appeals at 765-1809. S' at e of pplicant ..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 faun operation.Solicitation will,be made by supplying.a copy of this statement. I Comments returned to the local board will betaken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data'Statement shall be sent by applicant and/or the clerk.of the board 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.'Failure to pay at . such time means the application is not complete and cannot be acted upon by the board. 1-14-09 RECEIVED 14.16-4 W95)—Text 12 MAR 14 2011 PROJECT I.D. NUMBER 617.20 [BOARD®�APPEALS S EO R Appendix C I State Environmental Quality Review b`� SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ..PART 1—PROJECT INFORMATION (To be completed by Applicant or Project spoflsor) 1. APPLICANT ISP SOR 2. PROJECT.-04ME •4 t�CL�L l X K©Se...:�r� � e l�`t��.o�L� � Jl(.CC_ Ot�-�i �1�i�-L� 3. PROJECT LOCATION: /' - Municipality �(,Q�T U�{�. 1&_ County 4. PRECISE LOCATION(Street address an road Intersections,prominent landmarks,etc.,or provide \map)71, /! 0 f(.t e__ f v i h(_ 'CX At 62cD(/�— /'1�C��. vD f&LO 5. IS PROPOSED ACTION: New ❑Expansion ❑Mod iflcatlonlal terat ion 6_\ DESCRIBE PROJECT BRIEFLY: 0� Lz� ovd � ��s a� ©oc� va l V 'Ja 7. AMOUNT OF LAND AFFECTED: Initially b• `J aJ acres Ultimately n• 5Lf� acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes CYNo If No,describe briefly �— �u_,V, CD rtStYl�G-PCL� i�lt-(l �Ce�G�e�`��cc� �r���(�tv(d ( o t t�✓1 I I-t�Sfc�s �,r�e 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [9 Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAQ? jyes ❑No If yes,list agency(s)and permlVapprovels a)octhc,� 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? Yes ❑No If yes,list agency name and permitlapproval - �Cccted ec �3. t� C_S o,�`t I�LG� (Du)vt`Tip�t.��� �erhn t'`f` '-�(0�7 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITJAPPROVAL REQUIRE MODIFICATION? Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE /_�Applicant1sponsor na e: ' —" lam' VU l�dt J Date: Slgnatur If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER RECEIVE® MAR I t2011 PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) BOARD OFAp A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes,coordinate the review process and use the FULL EAi: :,Yes No 'o. 'Wll-i ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If No.a negative ceciaration may be superseded by another involveC agency. _Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(A,—wers may De handwritten, if iegiolel C1. Existing air quality. surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposa) potential for erosion,drainage or flooding problems? Explain briefly: - I C2. Aesthetic,agricultural. archaeological, historic,or other natural or cultural resources:or community or neighbornood character? Explain briefly: Ca. Vegetation or fauna. fish, snellfish or wildlife species,significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term,short term, cumulative, or other effects not identified in C1-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)?Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? Yes ❑No 'E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED To POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 Yes ❑No If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it.is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility;(e) geographic scope; and (Q magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If" question D of Part II was checked yes, the determination and significance must evaluate the potential,impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF andlor prepare a positive declaration. ❑ 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 AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency 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) Date 2 FROM COSTELLO MARINE CONT. PHONE NO. 531 477 0005 Jul. 22 2010 00:58AM P4 "� i �+ _�w l �` "�"�,e p H, a=' �'�"dr'"' x. '��'��°' r ,�,ab.'�^�''s.'w"�"''��Tr+•�'Tyr�" S ems.,._. �,* 1s• , ,:.Cy ._... .. _ � oC .• ;a \ Board Of Southold Town Trustees \J{ , SOUTHOLD, NEW YORK wed liap ?%. 4x ' '+ REKNIT NO 687 DATE. ............ .... ............�► �� December 2 .. I . ,b 4 a ISSUED TO Dr. Frank Monteleone ........... * Al � q6 �a� ]{■[yi{yr�� +`+■� MAY ® 9 2011 -% � ,�li���������.C�+9 'fit •F s� BOARD OF AppEALS Pursuant to the provisions of Chapter 615 of the Laws of y, " the State of New York, 1893; and Chapter 404 of the Laws of the . State of New York 1952-, and the Southold Town Ordinance en- ! titled "REGULATING AND THE PLACING OF OBSTRUCTIONS ;• - 3 IN AND ON `GOWN WATERS AND PUBLIC LANDS and the k REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM I LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .Dec:emb.er..96 `= .` 19... ... and in consideration of the sum of $..IO...QQ paid by :•„ ail • � , ......................Costello...Marinc...an..behalf of. I7 ,.,.Mo tel.eQxa,e......... ..... : N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: To cover existing concrete porch and steps with timber dec - ' Square o££ porch by addding 8' X 25' timber deck. Install two sets of timber access stairs. Also 8' X 12' deck landward of existing bulkhead and. 3' X 60' walkway between decks all in accordance with the detailed specifications as presented in the originating application. r `a IN WITNESS WHEREOF, The said Board of Trustees here by causes its Corporate Seal to be affixed, and these presents to �A be subscribed by a majority of the said Board as of this date. -1 J � ���ZJ ... .. .... r .................. �f ..... . ......... ................................. y Trustees FROM COSTELLO MARINE CONT. PHONE NO. 631 477 0005 Jul. 22 2010 09:00AM P5 ,_�;�:: - ,_.�..,...._..�...._.. 7fzUsr.�.�.5' ��FroreSov �Jr�( f . 2 V' BLUE Mf4P.� 09 2011 a� � � s A0- _ MAY M l .41laGd yRD OF APPEALS sti4:'. S o V,r L :..s • 1 t � h Ic YlcOrrY johOVATW 517 soAe fitly�:t.'*�..' t� � ,,,X � •: 12 VIM ST 16 grsru.•. ISTIAI G RKtuRN 32 x �3��r�.,._ '�. j�IQ`RC#{ r sT��'S �lT�'t:'I'�ri" `• his ::t'75'vie;; ' � ;; , �� '. * ^--•--� By IUD DIN Cr �j r?C IRS"IVIRIkea• - of A%CdES PC-CON Ic :`s,# y►l4 k D .' S ' • PREPARED FOR: ;��� �,•r�}/��C k1 N.{y�''� FRANK "b%'rfLE0b1F- c;��.: Y.=. • hl`� ` '� R.Ll Kbi►K'Wfar- A' 610 477. till 1 A CO / ... �1 L,-•; ,u kc`:..• • . • . . sou-T�G[_.h , rty 1}�7��, C4�t�55-S ECTIis fY:'�'>�;`:::` f^A�Nt� [yr No $CALFf,.: -rm ear 1 tw.— q�* ;: : 14EFT 1 OF / APPLICANT RECEIVED TRANSACTIONAL DISCLOSURE FORM MAR4 ZO11 (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of Town officersBOARD OF APPEAL and employees. The purpose of this form is to provide information which can alert the Town of f/0 Possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOURNAME: Heidtmann & Sons, Inc. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: Check all that apply.) Tax Grievance Variance Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from P at or Official Map Other 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 E — NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); QB)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); 0 C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP NA Submitted day of rr,l-e-V Signature Print Name: ,U-Z r€r7�JE • J. RECEWED APPLICANT/AGENT/REPRESENTATIVE MAR 14 2011 TRANSACTIONAL DISCLOSURE FORM BARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The pumose 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: " VVl a yl V Q yly�• J-��. 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.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance V/ — Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) 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/agerit/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 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 this3►-A day of NW-LCQI 204 L Signature F'otm TS 1 Print Name—Cc Dni-e- RunGI\ CONNIE D.BUNCH Notary Public,State of New York No.01 BU6186050 Qualified In Suffolk County Commission Expires April 14,2t'�Ia- TOWN OF SOr� , Q V E. BUILDING PERMIT APPLICATION CHECKLIST BU LDINVG DEP Do you have or need the following,before.applying? .TQWN:HALL. Board of Health SO TII�P,b,NY 1 20090 4 sets ofBuilding Plans. TEL-- (6-41)765-1 � Planning Board approval FAX: (631) 765-9 02 BLDG.OEP[ Survey ..,.SoutholdTown.NchAFork.IWOFSOEWdIT NO Check Septic Form N.Y.S.D.E.C. Trustees flood Permit. Examined ,20 Storm-Water Assessment Form Contact: Approved ,20 Mail to: 9 - Z Disapproved a/c Phone: 7 V Expiration ,20 Building Inspector 4_1 . 7 APPLICATION FOR BUILDING PERMIT Date- -, , 20 Cq 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:>lot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may 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'Bui.Wing 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 hps 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, of 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. i of applic r name.,i a corporation) 4. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect,engineer, general contractor, electrician,plumber or builder Name of owner of premises �{ ✓Lf'� �� (As on the tax roll or latest deed) If applicant is a co oration, signature of duly uthorized officer V. (Nalne 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 S Block d 1 Lot 3d Subdivision \Sau4.,Old 5ko 1-4s Filed Map No. 3$,'E�3 Lot q 2. State existing use and occupancy of premises and intended use ccupancy of proposed truction: .l 5' a.. Existing use and occupancy ��i vIG{ �. �-,�,d�c( S b. Intended use and occupancy c.5'i 4-art 61 ccU ,d zr1 �.I IaFt;�1-r'iG U;W I 3. Nature of work(check which applicable): New Buildin AGGillon iteration Repair Removal Demolition Other Work p0 (Description) 4. Estimated Cost , Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units J Number of dwelling units on each floor 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 cD-1 Rear. 4-;- Depth c3 S Height ,off to Number of.Stories oZ Dimensions of same structure with alterations or-additions: Front '4 Rear. Depth ' Height o?(o ` Number of Stories a 8. Dimensions of entire new construction: Front 4 Rear Depths Height Wit` Number of.Stories oZ 9. Size of lot: Front DZ� Rear ©D Depth y' `� 10. Date of Purchase Name of Former Owner _ abl6d IJQS�tlC11�N �"�P.S � 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 7C Will excess fill be removed from premises?YES ' NO 14. Names of Owner o remiss VAnK +ZUn+(-[ a t�kddress 15(111 aaAc.o�tB�K';I( .A( p Pone No.6510 Name of Architectnal@ Wit( Address S374 1����'f''S'ca� or e No a?O ZI D Name of Contractor Address Phone No. 15'a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__) O * IF YES, SOUTHOLD TOWN TRUSTEES &&D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet.of a tidal wetland? * YES NO * IF YES.T:DB-.C. PERMITS MAYBE REQUIRED. 16. Provide survey, to scare, 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. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW,YORK) SS: COUNTY OFcS�� Ir-L w • �����-Q-�L being duly sworn, deposes and says that(s)he is the applicant (Name of indi iduall signing contract) above named, (S)He is the A4P A---t' J Contractor Agent, Co orate 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. Swornt9before me this day of 2E1 -6Q ' tary Public Notary Public,state of New York Signa pplicant No.011A6179883 Quapfled in Suffnllc Gounty Term Doires Do.ccember$1,,2011 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM MAR 14 2011 BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# l©D 6 - 5-7 - l 'Ja The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 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 construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 0--,�— bur't�-2 ��G�5 v)Qll�v��2 Location of action: ] Site acreage: /-P-) , 6 MAR 14 2011 Present land use: v; 1� ��`�� c �W �f BOARD OF APPEALS Present zoning classification: ; 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: -� i CAS Q -4DM:te � b Mailing address: (c) Telephone number: Area Code(610 (0-7 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ (Not Applicable-please explain) S yu-C av_ `cc,-- t ey Ls-( ,k vvc W i�S�t1sS p1� c�rY.r�Lat�"t-S Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ (Not Applicable-please explain) Attach additional sheets if necessary BOARD OF APPEALS 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 0 No [E (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sect' n III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No G (Not Applicable—please explain) Attach additional sheets if necessary Poll 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section In —P icies Pages 16 through 21 for evaluation criteria Yes E No Ea (Not Applicable—please explain) 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 Fd No E (Not Applicable—please explain) BOARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No❑ (Not Applicable—please explain) Attach additional sheets if necessary Pol cy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous su stances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ (Not Applicable—please explain) 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 c iteria.Yen No❑ (Not Applicable—please explain) 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 suit ble locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ (Not Applicable—please explain) MEWED MAR 14 2019 BOARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Es uary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. F4 Yes ❑ No❑ Not Applicable—please.explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Se tion III—Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable—please explain MAR 14 2011 Frank Monteleone Rosemary Monteleone BOARD OF APPEALS 850 Blue Marlin Drive Southold, New York 11971 December 10,2010 To Whom It May Concern: We give permission to Heitmann &Sons, Inc.to act as our agent. Sincerely, r-� OL !IF � i � .. tic i a i � � •, t '� ��'. �.. . VD OF DPP A } 1 a �s t: x -•`�- � .y ;� -err , ':N aR 1 � ��F PPQ�p1� '6®p� y. 14 1 t 171 3 . Y t: a S ., 1 fill 1i i _ k „ A TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ' VILLAGE DIST. SUB'. LOT 4AN FORMER NERD,M.161 N E ACR. oil S W TYPE OF BUI/L, tDINd r: ES. �.l d SEAS.: VL FARM COMM. CB. MISC. Mkt. .Volue Lmi-iD IMP. TOTAL DATE REMARKS - 0 s'� 0 3 b�' .sue7Z Y Q d ? 6 7 3 9 6 h( : ems, �` : 2� ' do CI e f. .:: .a o �'` d 7 7 �l �• L 105 CON qEW NORMAL BELOW ABOVE. r ld �92- h IMo ntel ne. osoe :ARM Acre Value Per Volue Acre 621 a 1--L l 31 /J o e ��y n 4-D MQ►?L l :liable 2 Ilable 3. 1 �.2011 . 'oodland ®F ApQeAi-S iamplQnd FRONTAGE ON WATER - y- ushland FRONTAGE ON ROAD s ruse Plot DEPTH fit- • BULKHEAD c l �tal DOCK .::,4, ,. . < t s 1 f N - i x e ' e r s" d s 'rG�HF,JI $4 1 rylA fe3} P¢ O• �mh � ` .i' 4?t. r tr FC rI ! y; s rr 6JF}?h• "} s Is 7 via® ■�■■■■■_ �®_1�■■Yr���■�f'J��■■■■■■■■ :,..t y.ili ` � 7 !ie:/lam, La ` d qey ri' '' ■■■�� �■�l��iLitl�iiC�' ■■■■■■■■■ t J N J\ 1J1 C{1 dlP Fj tf y 6� 1•` !J .. . -.. ' d /d <�rryy da d' Oy' ♦1. 1■■■■��®���■�■�■■��■■■■■■■■■■■■ � i■rA®■■■■I■■■■■■■■■■MIM ■ .. I Alalml a wmmi■■■■■■■■■■■� ■■■■ 1C!N"Illy■■■■■■■■■■■■ ■■■® l i P.]■MMiOYi&MMO■■■■■■■ _ ■■■■■M®■■UNME■■■■■■■■■■■■■■ ■■■MMMMM■■■O■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■ oundation ° ` a► w► o` c•sement •• �r s ° gya r • , - • n i r ter. r c ii "Fire • - Rooms Ut Floor � • 4 • . �IIIIl�� off's 19 SOUjy� ELIZABETH A.NEVILLE,RMC, CMC '`� l0 Town Hall, 53095 Main Road TOWN CLERK L P.Q. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 G MARRIAGE OFFICER �pQ Fax(631) 765-6145 � RECORDS MANAGEMENT OFFICER l Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER yCOUNr1 V i, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: March 15, 2011 RE: Zoning Appeal No. 6464 Transmitted herewith is Zoning Appeals No. 6464 of Heidtmann & Sons Inc for Frank& Rosemary Monteleone-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Frank&Rosemary Monteleone to Heidtmann& Sons, Inc. to Represent them in this Matter,Notice of Disapproval from Building Department Updated February 25, 2011, Four Pages of Photos of Property as it Exists, Two Pages of Property Record Card, Copy of Survey Showing Construction as it Exists Dated August 17, 2010 Prepared by Nathan Taft Corwin III, Land Surveyor,Two Pages of Plans Showing Floor Plans and Elevations Revised November 1, 2010 Prepared by Adam C. Volosik, Architect. Town of Southold P.0 Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/14/11 Receipt#: 98969 Transaction(s): Reference Subtotal 1 1 Application Fees 6464 $150.00 Credit Card Total Paid: $150.00 Name: Lamb, Loretta S P 0 Box 932 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6464 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/14/11 Receipt#: 98970 Transaction(s): Reference Subtotal 1 1 Application Fees 6464a $600.00 Check#: 1014 Total Paid: $600.00 Name: Monteleone, Frank 15 Oak Lane Old Brookville, NY 11545 Clerk ID: CAROLH Internal ID:6464a RECEMD Declan P Meagher A.I.A. APR 2 8 201� 1� 750 Blue Marlin Drive Southold,NY 11971 BOAR®OF APPEALS 25 April 2011 RE: Public Hearing of May 5, 2011 for Frank and Rosemary Monteleone#6464: Request for Variance Zoning Board of Appeals Leslie Kanes Weisman, Chairperson Att: Vicki Roth 53095 Main Road Po Box 1179 Southold,NY 11971-0959 Dear Chairperson Weisman: I am writing to you since I received formal notice of the referenced matter and I am unable to personally appear at the Hearing on May 5. I own and live in the property immediately west of the subject property. I note that the improvements for which the Hearing is about have been on the property for many years. I also offer my opinion that the improvements should be granted relief and I support the Applicant's Request for Variance. These decks are only visible from my property and I have no objection to their continuance. Please feel comfortable if you should need to contact me for any reason pertaining to this issue. ar s, an P Meag er A.I.A. 750 Blue Marlin Drive Southold,NY 11971 631 765 8130 Page 1 of 1 Toth, Vicki From: Meagher, Declan.[Declan.Meagher@boius.com] Sent: Monday, April 25, 2011 2:27 PM To: Toth, Vicki Subject: [SPAM] - May 5 Hearing re#6464/850 Blue marlin Drive Attachments: SShores Monteleone Letter.doc Dear Ms Toth, I am unable to attend the Hearing but I attach a Letter in support of the Request for Variance.which I will mail today to the Chairperson in the referenced matter If I can be of any further assistance in the matter,please feel free to contact me. Declan P Meagher A.I.A. 750 Blue Marlin Drive This e-mail and its attachments and any other items transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient please notify us immediately by sending an email to sysadmin@boigm. com and delete this email and any attachments from your system. Thank you. It is possible for data transmitted .by e-mail to be deliberately or accidentally corrupted or intercepted and therefore The Governor and Company of the Bank of Ireland does, not assume any liability or responsibility for any breach of confidence that may arise through the use of this medium. This footnote .confirms that this email has been swept for the presence * of known computer viruses . However, this e-mail cannot be guaranteed to be secure or virus or error free and consequently such information could have been intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or otherwise be unsafe to use. 4/25/2011 N 4 � COUNTY OF SUFFOLK MAR 2 8 2011 ` ` 130AI D OF APPEAL 1� STEVE LEVY i� 'SUFFOLK COUNTY EXECUTIVE. . THOMAS A. ISLES,A.I.C.P DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 22, 2011 Town of Southold ZBA PO Box 1179 Southold,NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code,the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community; impacts. A decision of local determination.should.not be construed as either an approval or disapproval. Applicants Municipal File Numbers Monteleone, Frank #6464 Boutis, Christine #6465 Frenz, Thomas #6466 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 f . n 6 RECE-0-:0 MAR 14 dil FORM NO. 3 BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: July 13, 2010 Update:Tebruary 25, 2011 TO: Jeffrey Heidtmann for F Monteleone P O Box 932 Cutchogue,NY 11935 Please take notice that your application dated July 12, 2010: For permit for as built additions and alterations at: Location of property: 850 Blue Marlin Dr., Southold,NY County Tax Map No. 1000, Section 57 Block 1 Lot 30 Is returned herewith and disapproved on the following grounds: .The as built additions and alterations on this non-conforming 23,296 sq. ft. lot in the residential R-40 District, is not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The survey shows the wood deck setback at 0 feet from the bulkhead and the deck addition 70.3 feet from the bulkhead. r thorized 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. BOARD MEMBERS �0f $D Southold Town Hall Leslie Kanes Weisman, Chairperson O Ury! 53095 Main Road-P.O.Box 1179 � � h O Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer C-0 Town Annex/First Floor,Capital One Bank George Horning ,^,aa�Q 54375 Main Road(at Youngs Avenue) Ken Schneider �yCOUNTY Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 5, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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, MAY 5, 2011: 2:00 PM - FRANK and ROSEMARY MONTELEONE #6464 - Request for Variance from Code Article XXII Section 280-116B and the Building Inspector's July 13, 2010, Updated February 25, 2011 Notice of Disapproval based on an application for building permit for as built additions and alterations at: 1) two decks at less than the code required setback of 75 feet from a bulkhead, located at: 850 Blue Marlin Drive (adj. to Shelter Island Sound) Southold, NY. SCTM#1000-57-1-30. 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 prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki:Toth(a_Town.Southold.ny.us . Dated: April 8, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 10207 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 Mattitubk, 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 each week for 1 week(s), successively, commencing on the 21 st day of April, 2011. Principal Clerk LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS -his day of 2011. THURSDAY MAY 5,2011 J f PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of theTown Law and application for construction of an acces- r Town Code Chapter 280(Zoning),Town .. sory two car garage at;at less than the, j of Southold,the following public hear- code required side.yard setback of 15 ings will be held by the SOUTHOLD feet, at: 1260 Broadwaters Road (adj. TOWN ZONING BOARD OF AP- to Broadwaters Cove) Cutchogue,NY. u PEALS at the Town Hall,53095 Main SCTM#1000-104=9-4:2 CVRIST. VOUNSfZI Road, P.O. Box 1179, Southold, New i 1130 AM : BARRY and`CAROL ;gCITARY Pl9BLIC-31i t OF NEW YORK York 11971-0959,on THURSDAY MAY SWEENEY #6462 -.Request for Vari- 5,2011: ante from Article XXIII Code Section No,,01-V06106060 10.00 AM-BROSTAR.LLC#6463 280-124 and the Building Inspector's viugllfled Ift l 4ffolk county -This is a request under Section 280- 1 February 22,2011 Notice of Disapproval MY COMM O pI1 S fob'tudry 28, 2012 146D for an Interpretation of the Town based:on an application for a.building Code, Article XXIII, Section 280-121, permit to construct additions and altera- "Non-Conforming uses",appealing the tions,including raising the dwelling for Kegutar hearing Continued: 2:00 PM-FRANK and ROSFR AW Building Inspector's February 1, 2011 FEMA compliance, to.a single family 130 PM-MARY BETH HENSON MONIFLEONE #6464 - Request fo Notice of Disapproval for a permit for dwelling at 1)rear yard setback of.less #6461-Request for Variances from Art. Variance from Code Article =I Sec operation of a convenience store/service than the code;required 35.feet, 2)-lot XXII Section 280-116A(1),Art. XXIII tion 280-116B and the Building Inspec center/gas station in pre-existing gas sta- coverage of more than the code required Section 280-124 and Art.III Section 280- tor's July 13, 2010, Updated Februar, tion/service station,at:330 Main Street 20%,at;2395 Jackson Street and Second 15F and the Building Inspector's Dec.9,. 25, 2011 Notice of Disapproval base(* 2010,Updated February 25,2011 Notice on an application for building permit fo: and Champlin Place Greenport, NY. Street.New Suffolk, NY SCTM#1000- ` of Disapproval ba ed on .an a lica- as built additions and alterations at: 1' S '10:30 00-34-3-U 117-9-25. tion for building permit to construct al- two decks at less than the code requires 4,MP AM-DOUGLAS and ELLEN 11BOUTI AM - -RequeINE CONTce , terations/additions,accessoryin-ground setback of 75 feet from a bulkhead,to CIAMPA XXII#6467-Request for Variance 'from Co.e Se-Request for Variance swimming pool and decks a )less than cated at: 850 Blue Marlin Drive (adj from Art.XXII,Code Section arch , from Code Section 2ebruar and the 100 foot setback from to of bluff for to Shelter Island Sound)Southold,NY and the Building Inspector's March 1, Building Inspector's February 4, 2011 I p 2011 Notice of Disapproval based on Notice of Disapproval based on an appli- alt/add,2)less than the minimum code SCTM#1000-57-1-30. an application for building permit to cation for building permit existing deck required side yard setback of 15 feet,3) The Board of Appeals will hear all demolish existing dwelling and construc- addition at;less than the code.required less than the code required combined persons or their representatives, desir- tion of a single'family dwelling at;1)less minimum side yard setback of 10 feet,at: side yards of 35 feet,4)Accessory strut- ing to be heard at each hearing,and/or than the code required setback of 75 1020 Ruch Lane(adj.to Arshamomaque tures proposed location.other than the desiring to submit written statements feet from a bulkhead,at:4380 Paradise Pond).Southold,.NY.SCTM41000-52-2- code required front yard on water front before the conclusion of each hearing. Point Rd.,(adj.to Shelter Island Sound) 33.1 property at:3300 Sound Drive(Adj.to Each hearing will not start earlier than Southold,NY.SCTM#1000-81-3-6. 12:00 PM-PAUL and LINDA WOL- Long Island Sound) Greenport, NY designated above.Files are available for 1050 AM-DAVID J.VERITY#6470 FROM #6468 - Request for Varianc SCTIvI#1000-33-1-6 review during regular e g lar business hours —Request for Variance under Article IV from Art.XXIII,Code Section 280-124 and prior to the day of the hearing.If Section 280-18 and the Building Inspec- and the Building Inspector's March 1, you have questions,please contact our tor's March 23,2011 Notice of Disap- 2011 Notice of Disapproval based on office at (631) 765-1809, or by email: proval based on an application for build-. an application for building permit for Vicki,Toih@Tbwn,,9Q_uthQld,ny.us ing permit for a subdivision,at:proposed reconstruction of existing single fam- Dated:April 119 2011 Lot 1; 1) less than the code required ily dwelling at; 1) less than the code ZONING BOARD OF APPEALS minimum lot size of 40,000 sq.ft.,2)less required front yard setback of 35 feet, LESLIE KANES WEISMAN,CHAIR- than the code required width of 150 lin- at:1650 Fleetwood Rd.,(Betts St.) Cu- PERSON ear ft.,3)side yard setback at less than tchogue,NY.SCTM#1000-137-5-13. BY:Vicki Toth the code required 15 feet,proposed Lot Carryover Hearings,continued from 54375 Main Road(Office Location) 2;1)at less than the code required mini- prior meetings and pending additional 53095 Main Road(Mailing/USPS) mum lot size of 40,000 sq.ft.,2)less than i information: P.O.Box 1179 the code required width of 150 linear ft., Adjourned from Public Hearing Southold,NY 11971-0959 at;865 Nokomis Rd.(Hiawatha's Path), March 3,2011: 10.207-1T 4/21 Southold,NY.SCTM#1000-78-3-26. 1:00 PM - GEORGE and RUBY 11:10 AM-THOMAS FRENZ#6466 GAFFGA#6438 -Request for Variance from Article III Code Section 280-15B and the Building Inspector's February 4,2011 Notice of NOTICE OFHEARING The following application , will be heard by the Southold . Town . Board of Appeals at Town Hall, 53095 Main Road, Southold: FAME : MONTELEONE , F . # 6464 SCTM # : 1 000-57- 1 -30 VARIANCE: BULKHEAD SETBACK PEQUESTE. WOOD DECK & DECK ADDITION DATE : THURS . MAY 5 , 2011 2 : 00 PM 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 . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ` SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) >� SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK - I, residing at New York, being dyyyutttl,,,y sworn, deposes and says that: On the I da of A vi' , 20l l , I personally mailed at the United States Post Office in t"Q ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across i or private street, or vehicular right-of-way of record, surrounding the applic nt s p erty. Signature Sworn to before me this .? 54, day of " '� �. 1 , 20 ( -VQ No SPa 1'brk N0.01VA6186177 Qualified in Suffolk County PLE�X ,i°st�� FR 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. 1 j N• U.S. Postal ServiceTm r1J V.rag, r9 ru . ru ,rIr SO IOLXI�N C PC 1 '�- L � S(l ltN i i ?' Ir �. ,�� Postage $ $0.44 ;0901 a Postage $ $0.44 0901 la Certified Fee $2.85 `; Certified Fee $2■� 06:, y ru Postmark Ill O Return Receipt Fee Here O Return Receipt Fee Postmark (Endorsement Required) $2.30 0 (Endorsement Required) $2.30 Here Restricted Delivery Fee O Restricted Delivery Fee (Endorsement Required) $0.00 O (Endorsement Required) $0.00 E3 � Total Postage&Fees $ $5.59 04/18/2011 i a Total Postage&Fees $ $5.59 04f 1812411 rq C to L�nt To Q Sent To "l� rq r�L_ LL rl --------Pt. � - - ---- f- (�,/ (,lJ�/ 1 ...-- ................... ... 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Q (Endorsement Required) $0.00 „p Total Postage&Fees $ $5.59 04/18/2011 _a Total Postage&Fees $ $5.59 04/18/2011 Jr rR - Sent To Se o riNfriijf Ape No.; - •-------- ._.... O Street,A 7 No., �j.�I t j- Q or PO Box No. �� �� ril or PO Box No. Jl u / �\We Z r`- ---- - - -----------------------�--- ....-----.....-. �`- ��-�-�-- - - .�:'l Cc CVV���JJJJ --v''�--- Ciry,State,ZIP+4 _ 1 City,State,ZIP ---" `---------•-------- ,�`F � `{ l q� ( r8 rr. U-Si Postal Service,,, CERTIR El O"MA1 Gr. RECEIPT cD s. 00�00 insurance coverage Provided) rq rr Er A sQUTHOt 'N�197 I aI Postage $ $0.44 . 0901 Certified Fee '$2.85 O6 ru Postmark O Return Receipt Fee Q (Endorsement Required) $2.30 ` Here O Restdcted Delivery Fee Q uired) �60(Endorsement Req ■00 i 1 :i Total Postage&Fees $ $5.59 04/10/2011 Sent To Q =---- Q Street,Apt.No.; ,` � or PO Box No. l D a (I Ga1yL—�1Ji G - --- :. ------jate- -- --------------------- ' City,State,ZlP+4 --------------=-------------------------------- J6 U�E6 USPS - Track& Confirm Page 1 of 1 Homy f Track&Confirm {� f y Track & Confirm Search Results Label/Receipt Number:7010 1670 00021169 9211 Expected Delivery Date:April 19,2011 Class:First-Class Mail Enter Label/Receipt Number. Service(s): Certified Mail' Return Receipt Status:Notice Left We attempted to deliver your item at 11:24 am on April 19,2011 in SOUTHOLD,NY 11971 and a notice was left.You may arrange redelivery by visiting www.usps.com/redelivery or calling 800-ASK-USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. Information,if available,is updated periodically throughout the day. Please check again later. Detailed Results: • Notice Left,April 19,2011,11:24 am,SOUTHOLD, NY 11971 • Arrival at Unit,April 19,2011,9:16 am,SOUTHOLD,NY 11971 • Processed through Sort Facility,April 19,2011,1:47 am,MELVILLE, NY 11747 • Acceptance,April 18,2011,3:36 pm,RIVERHEAD,NY 11901 Noti 3catirm Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. rr; } Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gatew: Copyrightt 2010 USPS.All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabeHnquiry.do 4/29/2011 USPS -Track& Confirm Page 1 of 1 - PO ST/'l:ZR 4�M��,8 _. tY � Homy P Track&Confirm" f Trace & Confinu y Search Results Label/Receipt Number:7010 1670 00021169 9198 -—— Expected Delivery Date:April 19,2011 Track&Confirm Class:First-Class Mail6 Enter Label/Receipt Number. Service(s): Certified Mail' Return Receipt - - Status:Notice Left We attempted to deliver your item at 9:52 am on April 19,2011 in SOUTHOLD,NY 11971 and a notice was left.You may arrange redelivery by visiting www.usps.com/redelivery or calling 800-ASK-USPS, or may pick up the item at the Post Office indicated on the notice.If this item is unclaimed after 15 days then it will be returned to the sender. Information,if available,is updated periodically throughout the day. Please check again later. Detailed Results: • Notice Left,April 19,2011,9:52 am,SOUTHOLD,NY 11971 • Arrival at Unit,April 19,2011,9:16 am,SOUTHOLD,NY 11971 • Processed through Sort Facility,April 19,2011, 1:47 am,MELVILLE,NY 11747 • Acceptance,April 1.8,2011,3:35 pm, RIVERHEAD,NY 11901 Notification Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. Go '$ Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gatem Copyright©2010 USPS.All Rights Reserved. No FEAR Act EEO Data FOIA r i i I I I , I I http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabellnqui y.do 4/29/2011 I. c py� �nnyy V HEIDTMANN&SONS,INC. - - P.O.Box 932 Cutchogue,N.Y. 11935 IIIIIIIIIIIIIIIIIII SPAID ERIiE°D'T,, It VNIT�s APA1M1CiJP 6 7 a 0 0 0 2 116 9 919 8 POSTAL SERVICE I 7010 1 1000 11971 OCsOSrI RETURN TO SENDER , _ UNCLAIMED UNABLE TO FORWARD it Ii E — DM: :11L :y} ]L� ii ) Mb y 7 ]]i —�yyj 4``�jj—] j)j— n--jcj TI CE .�.� �� �? �))li�&17.�i I111J 13 I:}}I17I I I111 I III 1111P)t)�l )JI)3i?31t71111 t USPS - Track& Confirm Page 1 of 1 UNITEDSTATES �� Homi- P OST3L SERfir`f:& �JI Track&Confirm � Track & Confirmy Search Results Label/Receipt Number:7010 1670 00021169 9228 ------ Expected Delivery Date:April 19,2011 Tmck At Coneimm Class: First-Class Mail® Enter Label/Receipt Number. Service(s): Certified MaIITm Return Receipt Status:Notice Left We attempted to deliver your item at 11:28 am on April 19,2011 in SOUTHOLD,NY 11971 and a notice was left.You may arrange redelivery by visiting www.usps.com/redelivery or calling 800-ASK-USPS, or may pick up the item at the Post Office indicated on the notice. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Detailed Results: • Notice Left,April 19,2011,11:28 am,SOUTHOLD,NY 11971 • Arrival at Unit,April 19,2011,9:16 am,SOUTHOLD,NY 11971 • Processed through Sort Facility,April 19,2011, 1:47 am,MELVILLE,NY 11747 • Acceptance,April 18,2011,3:37 pm,RIVERHEAD,NY 11901 Notification Option Track&Confirm by email Get current event information or updates for your item sent to you or others by email. ; Go> Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gatew: Copyright©2010 USPS.All Rights Reserved. No FEAR Act EEO Data FOIA ° hUp://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabeUnquiry.do 4/29/2011 1 4 �s J HEIDTMANN&SONS,INC. P.O.Box 932 Cutchogue, N.Y. 11935 �'� II�III I�I II DrrPAPQ �l nTRVE APR 1118,�11 UNJTEDSTATES AMOUNT 7010 1670 0002 1169 9228 POSTALSERRICE 1000 I $5.59 - 11971 000591 1f, �" -- - lo .1st II N I X SE F: S 1-7 DC: i o f b 1 t,sl i I RETURN TO SENDER UNCLAIMEDUAIA GLE TO PORWARD mom.: 1193 0932S2 s� I - - I i i I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT y OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, residing at t Vtt-kC ab ,New York, being duly sworn, depose and say that: On the�day of � , 201 ( , I personally placed the Town's Official Poster, with the date of hearing and nature 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 (7) days rior to the date of the subject hearing date, which hearing date was shown to be Q �� n a r (JS ignature) Sworn to before me this -2 Day of ,� , 201 \ J"6t�z Notary bo blic,StA of New York No.01VA6186177 Qualified in Suffolk County * near of my property, as the area most visible to passerby. SECTIONF THIS ■ Complete items 1,2,and 3.Also complete 7eceived item 4 If Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse Addressee so that we can return the card to you. (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ( l�I(0� or on the front if space permits. / 4 d S n (�_I D. Is delivery address different f m item 1? ❑Yves \ 1. Article Addressed to: If YES,enter delivery address below: ❑N 5 fI �� L 3. Service Type ❑Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise l 1 ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 010 1670 0002 1169 9 211 (Transfer from service labeq PS Form 3811,February 2004 Domestic Return Receipt.-a"-} 102595-02-M-1540 SECTIONSENDER: COMPLETE THIS COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A.Sig ture item 4 if Restricted Delivery is desired. ent ■ Print your name and address on the reverse ssee so that we can return the card to you. B. Re eived by(Printed Nam C. D to of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deli v ry address differep rp�tit r@�1 s If Y ant delivery die elc 1. Article Addressed to: � o L ` -U i� ;�� �, ice�(ems , h2� , Service Type ((S s l� Certified Mail ❑Express-Mail ❑ egistered ❑ Return Receipt"for Merchandise ❑ Insured Mail ❑C.O.D. �J l 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 010 1670 0002 1169 9181 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540' COMPLETECOMPLETE • . DELIVERY ■ Complete items 1,2,and 3.Also complete A. S' ature ' item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we Can return the card to you. ece ed by(Printe N ) C. Date of Delivery ■ Attach this card to the back of the mailpiece, L�� �� j or on the front if space permits. D. Is delivery address different from item 1? es I 1. Article Addressed to: If YES,enter delivery address below: ❑ No 1 it)J4110���b►� /�07C ZZ� 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 010 16 7 0 0002 1169 9204 (Transfer from service label) „ • PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hh :Hsouthtown.northfork.net April 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, May 5, 2011 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 Ap0118th: 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 Southold Town Assessors' Office, 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 April 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 April 27St: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May 3, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Office Location: a SO(/jyOl Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11911 Southold,NY 11971-0959 olyCoU10 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 March 14, 2011 Mark Terry, Principal Planner LWRP Coordinator MAR 1 4 2011 Planning Board Office j Town of Southold E --- — — --- { Town Hall Annex wznni .;Co H Southold,NY 11971 -- J Re: ZBA File Ref. No. # 6464 MONTELEONE, Frank 1000-57.-1-30 Dear Mark: We.have received an application for "As built" additions and alterations with bulkhead setback. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, LesliUon n Chai By: Encls. BOARD MEMBERS �E SD Ur Southold Town Hall Leslie Kanes Weisman,Chairperson ��' y� 53095 Main Road•P.O.Box 1179 ti0 l0 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing �O ,^,aa�� 54375 Main Road(at Youngs Avenue) Ken Schneider �yCOUM'l Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 March 14, 2011 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: ZBA File # 6464 Owner/Applicant : MONTELEONE, Frank Action Requested: "As built additions and alterations, bulkhead setback. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ).Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie eisman ZBA it ers n By: Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson O�of so�lyol 53095 Main Road•P.O.Box 1179 ti p Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning ,�'�► • �O 54375 Main Road(at Youngs Avenue) Ken Schneider OIyC�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631) 765-9064 June 6, 2011 Heidtmann& Sons, Inc. Attn: Loretta Lamb P.O. Box 932 Cutchogue,NY 11935 Re: ZBA File#6464 - Monteleone Dear Loretta: Transmitted for your records is a copy of the Board's June 2, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. `Siinncerel V �M Vicki Toth Encl. 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