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Home My WebLink About6619 �10Lv� i cal/", /)O,j-Ga,v�dA70 /'14 112,1 13� '1°� I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO(/�y 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Di.nizio,Jr. Office Location: Gerard P.Goehringer Town Annex/FirsCFloor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider Olij%OU Southold,NY 11971 i I I http://southoldtown.northfork.net I I ZONING BOARD OF APPEALS RECEIV D . TOWN OF SOUTHOLD Tel.(631)7654809•Fax(631)765-9064 1 T FINDINGS,DELIBERATIONS AND DETERMIN TION Southold Town Clerk MEETING OF JANUARY 17,2013 ZBA FILE: 6619 NAME OF APPLICANT:Michael J. Hirschhorn PROPERTY LOCATION: 280 Sound Avenue(adj. to Long Island Sound),Peconic,NY SCTM# 1000-67-01-07 I. 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. f 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 January 8, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, The LWRP Coordinator issued a recommendation dated January 3, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject parcel is a non-conforming parcel containing 19, 377 sq. ft. { located in a R40 zone. The parcel fronts Sound View Avenue for 50 feet, the eastern property;line is 393.42 feet, the western property line is 381.67 feet. The parcel is waterfront to Long Island Sound at its northern boundary for 51.36 feet along the average high water mark. The.parcel is improved with a 1-story frame house. All as shown on the Survey entitled "Survey of Lot 5", dated Dec. 18, 2011, revised Sept. 25, 2012 to show "Proposed Addition", prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-122A and the Building Inspector's December 4, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to an existing dwelling at: (1) a nonconforming building containing a conforming use shall not be -enlarged, reconstructed or structurally altered or .moved, provided such action does not create any new nonconformance or increase the. degree of nonconformance, Pursuant to the interpretation of Walz (5039) such alterations will thus constitute an increase in the degree of nonconformance: (a) less than the minimum side yard setback of 10 feet, (b) less than the minimum combined side yard setbacks of 25 feet. RELIEF REQUESTED: The applicant requests variances for: 1) an increases in the degree of nonconformance to: a) an existing single side yard setback of 9.2 feet,where the code requires 10 feet and b) an existing combined side yard setback of 21.4 feet, where the Code requires,25 feet, as shown on the Survey entitled Survey of Lot 5", dated Dec. 18, 2011,revised Sept.25,2012'to show"Proposed Addition",prepared by John C. Ehlers,L.S and the I Page 2 of 3—January 17,2013 ZBA.File#6619-Hirschhorn CTM: 1000-67-1-7 elevation drawings entitled "Hirschhorn Property", prepared by Suffolk Environmental Consultants, Inc. dated November 20, 2012,pages 1 of 2 , and 2 of 2. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 3,2013, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property !' and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: i 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change;in the character of the neighborhood or a detriment to nearby properties. The proposed areas of construction that will increase the degree of existing side yard nonconformance are small in scale and will be incorporated into a decorative feature of the proposed second story addition (2 shallow balconies with railings that have no roof access)!. The second story addition as proposed is in keeping with the character of the neighborhood which consists of long narrow parcels, j. some of which have received side yard and combined side yard variances for proposed and i as-built additions, alterations and reconstructions. There was no evidence presented that the proposed increase in nonconformance may cause a detriment to nearby properties. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The applicant's proposed second story addition requires the addition of structural components in the first floor ceiling which are creating the subject increase in degree of nonconformance. 3. Town Law §267-b(3)(b)(3). The variances granted herein for an "increase in the degree of nonconformance" of a nonconforming single side yard setback and a nonconforming combined side yard setback, based upon the addition of a second story with inaccessible balconies are mathematically substantial, representing 100% relief from the code based upon the Walz (5039) interpretation. However, the proposed second storyiside yard setbacks are conforming to code and.the increase in the degree of nonconformance caused by the addition of second story decorative exterior balconies are small in scalejhe variance granted herein for a single side yard;setback of 9.2 feet, where the code requires 10 feet, is not mathematically substantial, representing 8% relief from the Code. The variance granted herein for a combined side yard setback of 21.4 feet, where the code requires 25 feet, is mathematically substantial, representing 14.5% relief from the Code. However,both are existing side yard setbacks that will be maintained. 4. 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. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased ithe parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive! knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the proposed alterations and second story addition,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Dinizio, and duly carried,to i f i i 1 1. i Page 3 of 3—January 17,2013 ZBA File46619-Hirschhorn CTM: 1000-67-1-7 GRANT, the variances as applied for, and shown on the Survey entitled "Survey of Lot 5", dated Dec. 18, 2011, revised Sept. 25, 2012 to show "Proposed Addition", prepared by John C. Ehlers, L.S and the elevation drawings entitled "Hirschhorn Property", prepared by Suffolk Environmental Consultants, Inc. dated November 20, 2012, pages 1 of 2, and 2 of 2. ! i.. Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before �. the Zoning Board of Appeals. j Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving j 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 I 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. r.. I. Vote of the Board: Ayes:Members: Weisman (Chairperson), Horning, Dinizio, Schneider, Goehringer. This Resolution was duly adopted (5-0). f. Leslie Kanes Weisman, Chairperson Approved for filing j /)-Z/2013 I I' t ! I' i i A i. Hirschhorn Property Date: November 20,2012 Situate: 280 Sound Avenue, Peconic, NY scale: 1.0"= 10.0,Suffolk Environmental Coiisultilig, 111C. t SCTM#: 1000 - 67 - 01 - 07 Drawn by: jfl-Adapted from the Plans drawn 69 Michael hand Proposed house raises the roof line from the pictured I F 10" to the proposed 1411" (overlay). The proposed railing surrounding the new roof is purely decorative, and no roof access is planned. REVIEWED BY ZBA SEE DECISION # W IQ - - - DATED 1111 I a= �x. 1-1 r t .sue IF111 i ! ■ ._ . Proposed Roofline 1411 --a�ll�li Existing Roofline 11,10" Page 1 of 2 Hirschhorn Property Date: Novem6er 20,2012 Situate: 280 Sound Avenue, Peconic, NY scale: n/a Suffolk • SCTM#: 1000 _ 67 _ 01 _ 07 Drawn by: J -,Adapted from the plans drawn 69 Michael hand Proposed new roof height 14'11" at seaward edge of - house. i _ FINAL MAP REVIEWED BY ZBA Railing for decoration only. No access to -' SEE DECISION # roof. LiJmi LA 1 ;1 Ll - _:- DATED[Ell 11' ll " 14'11r� PTA LL---i--d H H I I :�11 H kL-T- �1 JL-- Page 2 of 2 w SURVEY OF LOT 5 "MAP OF PEGON I G 5HORES" w P ` E FILED AWW5T 5, 1a24, FILE No. 111 51TUATE: FEGONIG g TOWN: SOUT 4OLD 5UFFOLK GOUNTY, NY SURVEYED DEG. 0, 2011 PROPOSED ADDITION SEPT. 25, 2012 SUFFOLK COUNTY TAX # [FN IV A rp 1000 — 67 — 1 — 7 � D BY ZB � �e CISION #� A P.MARTf MS COlPANY OF NEW YORK P ' \ , V \\ V 4'�PQ 0`��\ OQ GJ GAV vOh \ F CiA ^ \ \0 n\ i v W tl0. , do�1 � '\1� iyGQ ` , ,D ,R; ECEIVED y x \ NOTES: • GAPPED REBAR FOUND BOARD OF APPEALS O PIPE FOUND QF NE u,a,tt,o d ai e a ae—additbn to a ey EN ® map t, a ,t-d,surveyor's seat is a c vbbtion of section'-- .to E sbn 2,of L" New York State Educatbn Law." ��'O (S •a,iy copies from Ln I or:m of tnis svr..ey Pw marked with o�o 19F of the o wr�eyt— ed seo,�ged�eai y,on tie�ovsueree to t,a�aiw trva copias° ' , 'GerllficatioM YW tad hereon sFTiFq that this TOPO ELEVATIONS REF. NOVD '2a DATUM f ey was prepared I oc o dm wi h th r- 4`- Keug Code of Prac[1[e for Lab Surveys adopeted GRAPHIG SGALE 1"— 40' ¢ dewYo k State� ho Pra eFb � FEMA FLOOD ZONES AS SHOWN ON FEMA — �,o d yef t L ta'. � and on ni tho sbeholf to Lhe tole cam y�prepare FIRM 36103GOI61 H DATED SEPT. 25 2004 c�,y �J a=oed��t.��,° SF�L SJ `° e rf 'e��a to adat` -ttitt- OF COASTAL ER05IONZARD HAZARD AREA MAP SHEET 7 OF 49 JOHN C. E SURVEYOR AREA TO LONG ISLAND SOUND 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 HIGH WATER = Ici,377 S.F. OR 0.4445 ACRE RIVERBEAD,N.Y. 11901 369-8288 Fax 369-8287 REF:C:\Users\John\Dropbox\l 1\11-190.pro OFFICE LOCATION: ��q so yo MAILING ADDRESS: Town Hall Annex ,`O l0 P.O.Box 1179 54375 State Route 25 SouthoId, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold,NY 11971 Fax: 631 765-3136 �OIyCQUIYI►e`v� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD /1 ` MEMORANDUM (� / RECEIVED JAN 0 3 2013 To: Leslie Weisman, Chair BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: January 3, 2013 Re Coastal Consistency Review for ZBA File Ref MICHAEL J. HIRSCHHORN #6619 SCTM#1000-67-1-7 MICHAEL J._HIRSCHHORN #6619 - Request for Variances from Article XXIII Section 280-122A and the Building Inspector's December 4, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to an existing dwelling at: (1) a nonconforming building containing a conforming use shall not be enlarged, reconstructed or structurally altered or moved, provided such action does not create any new nonconformance or increase the degree of nonconformance, Pursuant to the interpretation of Walz (5039) such alterations will thus constitute an increase in the degree of nonconformance: (a) less than the minimum side yard setback of 10 feet, (b) less than the minimum combined side yard setbacks of 25 feet, located at: 280 Sound Avenue (adj. to Long Island Sound) Peconic, NY. SCTM#1000-67-1-7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed actions are EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS items "F" and "II" which state: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; II. Additions.to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in an coastal erosion hazard area; The parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney a,!D , COUNTY OF SUFFOLK y� /k� RECEIVED JAN 11 2013 1 Steven Bellone BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning �J\�\ �� Joanne Minieri Division of Planning J ' De uty County Executive and Commissioner and Environment January 8, 2013 Town of Southold ZBA PO Box 1179 Southold,NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is 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. Applicant Municipal File Number Hirschhorn (Michael J.) & Martinez (Jimena P.) 6619 Shamgar Capital, LLC 6620 MMMM Beer, LLC 6621 Breezy Shores Community, Inc. (Naomi Mullman-Cottage#11) 6622 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 NOTICE OF DISAPPROVAL Date: December 4, 2012 TO: Michael J. Hirschhorn 00A c/o Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 00 Please take notice that your application dated November 5, 2012 RECEIVED For permit for addition and alterations at DEC 11 '2012 Location of property: 280 Sound Avenue Peconic,NY BARD®FAPPEAW County Tax Map No. 1000 Section 67 Block 1 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 19,377 sq. ft. lot, (approx. 5,000 sq. ft. buildable) in a R40 zone district is not permitted pursuant to Article XXIII Section 280-122A, which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings_" The building with alteration notes a single side yard setback of 9.2' (10' required) and combined side yard setback of 21.4 (25' required). Pursuant to the interpretation of Walz (5039) such alterations will thus constitute an increase in the degree of nonconformance. 4 Authorized Signature Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED 12 Fee:$ Filed By: Assignment No. t '00 BOAR® OF LS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No.280 Street Sound View Avenue Hamlet Peconic SCTM 1000 Section 067 Block 01 Lot(s) 007 Lot Size 19,377 s.f. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Michael J. Hirschhorn, Jimena, P. Martinez Mailing Address: 307 Sterling Place, Brooklyn, NY, 11238 Telephone: (631)-537-5160 Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Bruce A. Anderson forzowneC�Other: Address: P.O. Box 2003 Bridgehampton, NY, 11932 Telephone: (631)-537-5160 Fax: (631)-537- 5291 Email: Bruce@suffolkenvironmental.com Please check to specify who yo ish correspondence to be mailed to,fr a above names: Applicant/Owner(s), Authorized Representative, Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Building Permit Certificate of Occupancy ( )Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: xxu Section: 280-"& t2Z Subsection: A 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 has,�has not been made at anytime with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our off ce for assistance) RECEIVED Name of Owner: Z13A File# 6/ � � cO1� REASONS FOR APPEAL(additional sheets may be used itrith preparers si- u nature): DEC AREA VARIANCE REAsoNs: BOARD 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: The zoning variance is being requested to allow for construction on the permissible second story addition to take place within the side yard. That being the case, any incursion within the side yard will be temporary in nature. (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 layout of the property, any lawful addition to the dwelling would require an area variance because of the small side yards. (3) The amount of relief requested is not substantial because: The zoning variance is being requested to allow for construction on the permissible second story addition to take place within the side yard. That being the case, any incursion within the side yard will be temporary in nature. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The zoning variance is being requested to allow for construction on the permissible second story addition to take place within the side yard. That being the case, any incursion within the side yard will be temporary in nature. (5) Has the alleged difficulty been self-created? Yes,or ZpNo. Are there Covenants and Restrictions concerning this land: F,—/]No.❑Yes(please fiu•nish cop;,). 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 BEING REQU STED AND PLEASE COMPLETE THE ATTACHE,J) USE VARIANCESHEET.• (Please srrr to consul our«t err r.) tgnature o Appellant or Authorized Agent (Agent nnist submit written Authorization from Owner) StN,orn to before me Asl� day of c. 0 t Z . Notar Pt lie Matthew D. Ivans Notary Public of New York No. Ol IV6053859 Qualified in Suffolk County Commission Expires January 22, 20T APPLICANT'S.PROJECT DESCRIPTION (For ZBA Reference) Bruce A. Anderson 8/8/12 � Applicant. Date Prepared.. G/ I. For Demolition of Existing Building Areas Please describe areas being removed: N/A . RECEIVED II. New Construction Areas(New Dwelling or New Additions/Extensions): DEC 11 2012 Dimensions of first floor extension: See attached floor plans for building specifics Dimensions of new second floor: See attached floor plans for building specifics BOARD OF APPEALS Dimensions of floor above second level: 21.9'x 25' Height(from finished ground to top of ridge):29.5' 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: One story single family dwelling with relevant appurtenances Number of Floors and Changes WITH Alterations: Two story single family dwelling with relevant appurtenances IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2175 Proposed increase of building coverage: 0 Square footage of your lot: 19,377 s.f. Percentage of coverage of your lot by building area: 11.2% V. Purpose of New Construction: To expand on the existing single family dwelling on the property. 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): The land is flat and gently slopes down to Long Island Sound. Much of the land is covered by beach grasses. 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 'QUESTIONNAIRE i RECEIVED G►/ FOR FILING WITH YOUR ZBA APPLICATION /f A. Is the subject premises listed on the real estate market for sale? DEC 1 1 2012 Yes MNo BOARD OF APPEALS B. Are there any pro osals to change or alter land contours? _�No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?Yes 2.)Are those areas shown on the survey submitted with this application?No 3.)Is the property bulk headed between the wetlands area and the upland building area?Yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?Yes Please confirm status of your inquiry or application with the Trustees:No Permit Required 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?Yes E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?No Please show area of the structures on a diagram if any exist. Or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?No 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 lacking,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?No If yes,please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcel single Family Residence and the proposed use single Family Residence (ex:existing single family,proposed:same with garage,pool or other) 5ZC Authorized signature and Date RECEIVED 14-16-4(9/95)-Text 12 617.20 i S EQ R PROJECT I.D.NUMBER Appendix C State Environmental Quality Review DEC I 1 7_0 2 SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only BOARD OF APPEALS ipz PART 1-PROJECT INFORMATION To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting,Inc. HIRSCHHORN&MARTINEZ Property 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.or provide map) 280 Sound View Avenue;Peconic;Town of Southold,New York (SCTM#: 1000—067—01 —007) 5. IS PROPOSED ACTION: ® New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a 2"d-Story Addition(525.25 square feet±)atop the existing dwelling,re-construct the railing(56.0'L±)to the attached rear deck, remove the concrete padding(2, 260 square feet±)surrounding the dwelling and replace with native plantings (i.e., Cape American Beach Grass and Beach Rose) and install a wood walkway (320 square feet ±) from the parking area, along the southwestern side of the dwelling,to the existing wood walk around the perimeter of the rear attached deck. 7. AMOUNT OF LAND EFFECTED: Initially 0.2 acres Ultimately 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes ❑ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/ForesUOpen space ❑Other Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY(FEDERAL,STATE OR LOCAL)? ®Yes ❑No If yes,list agency(s)and permiUapprovals New York State Department of Environmental Conservation Wetlands Permit&Town of Southold Building Permit. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ® No If yes,list agency(s)and permiUapprovals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Matt D. s—Suffolk Environmental Consulting,Inc. Date:_December 10,2012 Signature: If the action is in the Coastal Area,and you are a state ency,complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II-ENVIRONMENTAL ASSESSMENT To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? No,a negative declaration may be superseded by another involved agency. ❑Yes ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production or disposal, 1 potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archeological,historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitat,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or change in use or intensity of use of land or 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 D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑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(f)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 and/or 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 Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different From responsible officer) Date 2 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS RECEIVED . v� TOWN OF SOUTHOLD �I DEC I 12012 WHEN TO USE THIS FORM. The form must be completed by the appli , a�t e�t�q p rmit,site plan approval, use variance, or subdivision approval on property within agrtcu ura tstrtc^^t''�a within 500 feet of a farm operation located in agricultural district.All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant:Bruce A.Anderson 2)Address of Applicant:P.O.Box 2003,Bridgehampton,NY,11932 3)Name of Land Owner(if other than applicant) : Michael Hirschhorn a Jimena Martinez 4)Address of Land Owner:307 sterling Place,Brooklyn,NY,11238 5)Description of Proposed Project:Applicant proposes to construct a second story addition on the existing single family dwelling. 6)Location of Property (road and tax map number): 280 sound view Avenue,Peconic,NY 7)Is the parcel within an agricultural district?0No❑Yes If yes,Agricultural District Number 8)Is this parcel actively farmed?ONo❑Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 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 on the Town of Southold Real Property Tax System. Name and Address 1. 2. 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance,when requested from either the Office of the Planning Board at - 38 or the onin o d of Appeals at 765-1809. Signat re of Applicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken 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 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers /� and employees. The purpose of this form is to provide information, which can alert the Town of //1 i possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Hirschhorn, Michael 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 or company name.) NATURE OF APPLICATION: Check all that apply.) �� r Tax Grievance F RECEIVED Variance Special Exception If"Other", DEC 11 2 0 i 2 name the activity: Change of Zone 0 BOARD OF APPEALS Approval of Plat Exemption from Plat 0 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 0 NO 0 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 Submitted tjijs 7th y N vember 2012 Signature: Print Name: ichael it c or APPLICANT TRANSACTIONAL DISCLOSURE FORM olpzo (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 0 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers f� and employees. The purpose of this form is to provide information, which can alert the Town of �l possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Martinez, Jimena P. (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 RECEIVED If"Other", name the activity: n F C It 2012 Change of Zone Approval of Plat BARD OF APPEALS 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 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 Submitted this day of vember 2012 Signature: Print Name: imena P. Martinez APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Anderson, Bruce A. (Last name,first name,middle initial,unless you are applying in the name �j1 of someone else or other entity,such as a company. If so,indicate the other person or company name.) OF APPLICATION: Check all that apply.) Al- NATURE (�� Tax Grievance RECEIVED ECEIVED Special Exception If"Other", DEC 11 2012 name the activity: Change of zone 0 BOARD OF APPEALS Approval of Plat V Exemption from P at 0 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 0✓ NO Q Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: William Price Title or position of that person:_Justice 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 Brother-in-Law Submitted this day of Signature ,A.. Ak-- Print Name: Jqs4%,.,,_ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM ° , A. INSTRUCTIONS �� 1. All applicants for permits* including Town of Southold agencies, shall complete this CC proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. s 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 DeLn / Local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION E� �.0'2 SCTM# 067 - 01 - 007 BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ 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) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Attach additional sheets if necessary Location of action: 280 Sound View Avenue; Peconic; Town of Southold,New York Site acreage: 0.4448 acre± Present land use: Residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a) Name of applicant: MICHAEL J.HIRSCHHORN&UMENA P.MARTINEZ RECEIVED (b) Mailing address: 307 Sterling Place;Brooklyn,NY 11238 DEC 11 ?Qi?- (c) Telephone number: Area Code(631) 537- 5160 BOARD OF APPEALS (d) Application number, if any: N/A 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? NYSDEC 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 As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to improve upon the existing single-family dwelling within an almost entirely developed neighborhood (i.e., Peconic Shores) The proposal, as designed,will not result in any adverse effects to the surrounding environment in that the project will include improvements to a dwelling that has existed harmoniously herein for over fifty years without any form of adverse impact to the surrounding community.According, we believe that this project is consistent with this policy. 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 Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. 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 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the subject parcel is already improved with an existing single-family dwelling which has not impeded visual quality or the value of local scenic resources. This policy could not preclude both the legal creation of this property as a building lot,the legal construction of the existing dwelling thereon, or the proposed improvements to the existing dwelling thereon. Therefore,we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposal is for improvements to the existing dwelling within subject property, which has existed thereon for many years without loss of life, structures and natural resources from flooding and erosion. Therefore,we feel that the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable This proposal is for various improvements to the existing dwelling,which has existed on this site for years, and which has in itself, not resulted in any form of adverse impact to water quality and/or supply. Additionally,the existing residential improvements within the surrounding neighborhood have existed harmoniously within the immediate environment also without adversely impacting the water quality and/or supply within the Town of Southold. Therefore,we feel that the instant proposal fully complies with this Policy. 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 ❑ No ❑ Not Applicable Again,this proposal is for various improvements to the existing dwelling, which has existed on this site for years, and which has in itself, not resulted in any form of adverse impact to the surrounding ecosystems. Additionally, all proposed activities are to occur no closer than 275.0' ± from the Average High Water Mark(i.e., tidal wetlands boundary). Further, the existing residential improvements within the surrounding neighborhood have existed harmoniously within the immediate environment also without adversely impacting these ecosystems within the Town of Southold.Therefore,we feel that the instant proposal fully complies with this Policy. 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 Policy 7 is not applicable in that the proposal will be for various residential improvements to the existing single family dwelling with related appurtenances thereon which will not result in any form of adverse effects to air quality. Attach additional sheets if necessary Q RECEIVED DEC 1 1 2012_ BOAR® OF APPEALS Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 8 is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste,toxic pollutants, and petroleum products. Attach additional sheets if necessary 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 Policy 9 is not applicable in that the proposal will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 10 is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 11 is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture. etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 12 is not applicable in that the proposal does not involve agricultural lands (i.e.the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary RECEIVED "? DEC 11 2012 BOARD OF APPEALS Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Policy 13 is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction. Attach additional sheets if necessary RECEIVED DEC 1120i7 SOAR® OF APPEALS 4'.Z" 'Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSE FORM PROPERTY LOCATION: S.C.T.M.a: THE FOLLOWING ACTIONS MAY REQUIRE THE SUB S 1000 — 067 — 01 — 007 STORM-WATEP,GRADING,DRAINAGE AND EROSION CONTRO Wss'fTet' gaeGn ''Block CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NE*"n . SCOPE OF WORK - PROPOSED CONSTRUCTION ITEM# / WORK ASSESSMENT Yes No a. What is the Total Area of the Project Parcels? 1 Will this Project Retain Ail Storm-Water Run-Off (include Total Area of all Parcels located within 0.4448 acres Generated by a Two(2')Inch Rainfall on Site? the Scope of Work for Proposed Construction) (S.F,I AuXcs) (This item will include all run-off created by site x b. What Is the Total Area of Land Clearing clearing and/or construction activities as well as all and/or Ground Disturbance for the proposed 0.0 sq. ft. Site Improvements and the permanent creation of construction activity? (S.F.!Aaron) impervious surfaces.) PROVIDE BRIEF PROJECT DESCRIP'1'tON (Promewu aonatpages asNoc� 2 Does the St Plan and/or Survey Show All Proposed Drainage Structures ctures Indifcating Size&Location?This x Item shall include all Proposed Grade Changes and Applicant proposes to construct a 2"d-Story Addition Slopes Controlling Surface Water Flow. (525.25 square feet ±) atop the existing single-family 3 Does the Site Plan and/or Survey describe the erosion dwelling, re-construct the railing (56.0' L ±) to the and sediment control practices that will be used to x attached rear deck to comply with the applicable building control site erosion and storm water discharges. This F-1 code, remove the concrete padding (2, 260 square feet ±) Item must be maintained throughout the Entire surrounding the dwelling and replace with native plantings Construction Period. (i.e., Cape American Beach Grass and Beach Rose) and 4 Will this Project Require any Land Filling,Grading or install a wood walkway (320 square feet ±) from the Excavation where there is a change to the Natural ® x parking area, along the southwestern side of the dwelling, Existing Grade Involving more than 200 Cubic Yards to the existing wood walk around the perimeter of the rear of Material within any Parcel? attached deck. 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand x (5,000 S.F.)Square Feet of Ground Surface? 6 Is there a Natural Water Course Running through the Site? Is this Project within the Trustees jurisdiction x General DEC SWPPP Requirements: or within One Hundred(100')feet of a Welland or Submission of a SWPPP is required for all Construction activities Involving sal Beach? disturbances of one(1)or more acres; including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes are part of a larger common plan that wig ultimately disturb one or more acres of land; which Exceed Fifteen(15)feet Of Vertical Rise to ® X Including Construction activities involving sell disturbances of less than one(1)acre where One Hundred(100')of Horizontal Distance? the DEC has determined that a SPDES permit is required for storm water discharges, (SWPPP's Shall meet the Minimum Requirements of the SPDES General Permit 8 Will Driveways,Parking Areas or other Impervious for Stomp Water Discharges from Construction activity-Permit No.GP-0.10-001.) Surfaces be Sloped to Direct Storm-Water Run-Off X 1.The SWPPP shall be prepared prior to the submittal of the NOI.The Not shag be Into and/or In the direction of a Town right-of-way? El submitted to the Department prior to the commoneerrtent of construction activity. 2.The SWPPP shall describe the erosion and sediment control practices and where 9 Will this Project Require the Placement of Material, required,postconstructiar storm water management practices that MI be used and/or Removal of Vegetation and/or the Construction of any ® X constructed to reduce the pogutants In storm water discharges and to assure Item Within the Town Right-of-Way or Road Shoulder compliance with the terms and conditions of this perntt In adddion,rho SWPPP shag Area?(This Item will NOT Include the Instaliation of Orivem Identify potential sources of pollution which may reasonably be expected to affect the y�f 9D3 I quality of storm water discharges. NOTE: If Any Answer to Questions One through Nine is Answered with a Check Mark 3.All SWPPPs that require the post-construtxlon storm water management practice in a Box and the construction sito disturbance Is between 5.000 S.F.61 Acro in area, component shag be prepared by a qualified Design Professional Licensed In New York a Storm-Water,Grading,Dralnago&Erosion Control Plan Is Required by the Town of that Is knowledgeable in the principles and practices of Storm Water Management. Southold and Must be Submitted for Review Prior to Issuance of Any Building Permit (NOTE. A Chock Mark(4)and/or Answer for each Ouestion Is Required for a Complete Appka6on) � STATE OF NEW YORK, Q COUNTY OF.......SUFFOLK ..SS .................................. BRUCE A.ANDERSON @ SUFFOLK RECEIVED That 1,........ENVIRONMENTAL CONSULTING, INC.(t�tameof4tdiviCvai'stgnlrgoocumentj..••••.•••.•.••••.being duly sworn,deposes and says that he/she is die applicant for Permit , AGENT SEC I ,,,,? Andthat he/she is the .. .. . :..................................................................................................................................... .. .... (Owner,Contractor.Agent,Corporate Officer.etc.) Owner and/or representative of the Owner or Owners,and is duly authorized to perform or have Its e e e V t • fa n iS make and file(his application;(hat all statements contained in this,applicadon are taste to the best o t tviedge an a ref;an that the work will be performed in the mariner set forth in die application filed here ' Sworn to before the this; ......I........................................ .y ....,20. y Notary Public: ....... " ........................................... eW D. Ivans ... ..... NOtarj%'pU ...... ... ..yZk lic ork (Signature of Applicant) FORM - 06110 Comm aiioie'd in effJanuary County 20/1 I OWNER'S ENDORSEMENT TO BE SIGNED IF APPLICANT IS NOT OWNER) �� STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: D E C 2 2 BOARD OF APPEALS v MICHAEL J.HIRSCHHORN&JIMENA P.MARTINEZ being duly sworn, deposes and says; we reside at: 307 Sterling Place;Brooklyn In the County of Kings and the state of New York and we are the (owners in,f) (officer/agent of the Corporation which is owner in fee) of the premises described in the foregoing application and that we have authorized. SUFFOLK ENVIRONMENTAL CONSULTING,INC. to make the foregoing application as described herein. k,�-,Dh,4 11-� Signature Si ture If Corporation,name of corporation and Officer Officer's Title B rem , this W day of 2012 J064ry Public RICARDO C.SALMON Notary Public-State of New York No.01 SA6113075 Qualified in Kings County My Commission Expires : ' Town of Southold Annex 12/13/2011 ¢' 54375 Main Road so�jy Southold,New York 1 ,�J� �!� ex Telephone(631)765-1802 ~� `Road Fax(631)765-9502 1179 South,ITC 11971-0959 P y G CERTIFJqA�U tQ)FAPg&JPANCY No: _ _35335 TOWN OF SOUTHOLD Date: _ 12/13/2011 _ y THIS CERTIFIES that the structures located at: 280 Sound Ave,Peconic SCTM#: 473889 See/Block/Lot: 67.4-7 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 35335 dated 12/13/2011 was issued and conforms to all the requirements of the applicable provisions of the lave/b/ The occupancy for which this certificate is issued is: RECEIVED .1 one family dwelling with finished basement and cement patio.*. D E E I I H 12 NOTE:BP 9910 addition with deck and central a.c. updated C/O Z-35334. BOARD OF APPEALS The certificate is issued to Terranova, Paulina (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. t oriz ' Sign oECc O HMSCHHORN & MAR TYWZW"er Situate: 280 Sound Avenue; Peconic; Town of Southold, New York SCTM #: 1000—067—01 -007 .8 Shelter Nashamorn'—. Island wn Fn.nd B4 y o Height, o Pond 'Fury n, Beixedon o-° Shell fr'r+rat Estates 3 .,.ehetIsland !star SITE ones Pen.. afk P � Southold Park Table: Qa 4 Croe# �D¢ 4�yQ ;,,„x�, Westmoreland � Qtd Ln Ge:k tlac o� `�14�conIC. zs 0e Reydon Shores Shelter S i ire Laughing o-D i Waters �a i � to i i i,wpoSI-:U(oNsTRUCTION r ACCESS ROUTE Cutyhogue 'Station Little i i Nassau farms C►" +IR•« t-, 14. nw. SITE r cA f P'� HIRSCHHORN Situate: 280 Sound View Avenue, Peconic, NY PROPERTY SCTM#: 1000 - 067 - 01 - 07 RECEIVED BOARD OF APPEALS a 4�5+� �{9 �yy'�. `K�t��/ � l �l�t� •� �Vf V�i' t�.i+C� ..'+�,• ... ^��,� �tti.. Photograph shows Hirschhorn residence. Photograph taken from the north end of the property, facing south. Situate: 280 Sound View Avenue, Peconic, NY ' ' • ' ' SCTM#: 1000 - 067 - 01 - 07 &69 RECEIVED BOARD OF APPEALS 4 t i 3�ZIA Photograph shows the southern side yard on the Hirschhorn property. Photograph taken from the northeast corner of the house, facing south. Situate: 280 Sound View Avenue, Peconic, NY SCTM#: 1000 - 067 - 01 - 07 RECEIVED ' Oz' DEC 1 1 ?012 '9 BOARD OF APPEALS Photograph shows Hirschhorn residence. Photograph taken from the southwestern end of the property, facing northeast. MSCTM#: Situate: 280 Sound View Avenue, Peconic, NY 1000 - 067 - 01 - 07 RD pF AP PEALS g0A r , i Photograph shows the northern side yard of the Hirschhorn property Photograph taken from the southwestern corner of the residence facing north. Situate: 280 Sound View Avenue, Peconic, NY SCTM#: 1000 - 067 - 01 - 07 O �'i RECEIV EG 61, BOARD OF p,PPEA �5 l Wl- _ m > 4 Photograph shows Hirschhorn residence and surrounding houses. Photograph taken from the north end of the property, facing south. ' __ r TOWN OF SOUTHOLD PROPERTY RECORD CARD O N STREET VILLAGE DISTRICT SUB. LOT FORMER OWN ERPa /-i�)4. N E � ACREAGE ' 1�7 R �iz2 y�aJy S W TYPE OF BUILDING RES. ,SEAS. -26 VL. FARM COMM. I IND. JI CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 190-0 zy r0 3 0 6 u>iFF F �v�D 8 / 7. 4 - 7�9 - O Qom` n // 7 6 G ✓ f V U O J a I G z Z P,�if/i c/c� 7:o.r/ / //, .✓, r=c LT tj (� /i 7 SS'6 .a /4,,llty'A- D. ✓e,eR��vmd� AGE S`� ° ° BUILDING CON I 1A/79v �QCo �?I a'-r Y(:i Y.5 Ya -40 ca 1c -1�0 Y - F-tk 00 NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 �e _ 171 t r' I Woodland I. �v —� �- J `B �= �ss►usl�cv Swamplandlia it-L 1 36.,o v- nvt vr, fV Brushland NC House Plot `. d �- Z-L6lQ`fto )P rll i�SCVJ /� ` /�0 061 Tota I -" • I 1 ' � . i i g i r , I Bld g Foundation Bath :tension I rl Basement Floors II ��-"t.:�/L$.:?.'GEC?•' aension I Ext. Walls Interior Finish ter, r Fire Place Heat a '' /a '! ,3�_; Porch Roof Type I Porch Rooms lst Floor a 2ew(3y /G �'L T Z�' Patio Rooms 2nd Floor t (rage AA Driveway Dormer B. ELIZABETH A.NEVILLE,MINK o~� Gy� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS OF MANAGEMENT OFFICER .� `t►a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 12, 2012 RE: Zoning Appeal No. 6619 Transmitted herewith is Zoning Appeals No. 6619 of Suffolk Environmental Consulting Inc. for Michael J. Hirschhorn &Jimena P.Martinez-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form,Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Town of Southold Erosion, Sedimentation& Storm-water Run-off Assessment Form, Two Page Cover Letter from Suffolk Environmental Consulting Dated December 10, 2012, Owner's Endorsement from Hirschhorn&Martinez to Suffolk Environmental Consulting, Inc. Dated March 12, 2012,Notice of Disapproval from Building Department Dated November 5, 2012, Site Plan for Property, Copy of Certificate of Occupancy No. 35335 for One Family Dwelling Dated December 13, 2011, Copy of Property Record Card(Both Sides), Five Page of Plans Showing Existing&Proposed Construction, Five Photos of Property Showing Existing Construction, Survey Showing Existing&Proposed Construction Dated September 25, 2012 Prepared by John C. Ehlers Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/12/12 Receipt#: 143744 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6619 $500.00 Check#: 13596 Total Paid: $500.00 Name: Suffolk, Environmental Consulting P O Box 2003 Bridgehampton, NY 11932 Clerk ID: CAROLH Internal ID:6619 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/11 /12 ZBA# NAME CHECK # AMOUNT TC DATE STAMP 6619 Hirschhorn, Michael J. 13596 $500.00 RECEIVED and Jimena, P. Martinez DEC 1 2 2012 Southold Town Clerk $500.00 By_lc_ Thank you. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson QF $o(/�y 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �pQ 54375 Main Road(at Youngs Avenue) Ken Schneider IrDU 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, JANUARY.3, 2013 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, 53096 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JANAURY 3 , 2013: 12:20 P.M. = MICHAEL J. HIRSCHHORN #6619 - Request for Variances.from Article XXIII Section 280-122A and the Building Inspector's December 4, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to an existing dwelling at: (1) a nonconforming building containing a conforming use shall not be enlarged, reconstructed or structurally altered or moved, provided such action does not create any new nonconformance or increase the degree of nonconformance, Pursuant to the interpretation of Walz (5039) such alterations will thus constitute an increase in the degree of nonconformance: (a) less than the minimum side yard setback of 10 feet, (b) less than the minimum combined side yard setbacks of 25 feet, located at: 280 Sound Avenue (adj. to Long Island Sound) Peconic, NY. SCTM#1000-67-1-7 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.Totho_Town.Southold.ny.us Dated: December 11, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 63095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0969 w ih RECEIVES l,r DEC 1 9 2012 TOWN OF SOUTHOLD "OAR') OF APPEALS4, ZONING BOARD OF APPEALS SOUTHOLD,NEW YORKJ? AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants SCTM Parcel# 1000-6-7 - 1 - COUNTY OF SUFFOLK STATE OF NEW YORK I, iCd+�e �Iv� 51 cic-dlU SLe� ULI� esiding at, New York, being duly sworn, deposes and says that: �� '�� On the l day of L ' 2OV, I personally mailed at the United States Post.Office in T)bD 6,,kW}Tyb4,j7Ld, 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 a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. _ (Signature) Sworn td before me this JW day of;ft-11 , 201,1— (Notary Public) Matthew D. Ivans Notary Public of New York No, GlIV6053859 Oualified in Suffolk County PLEASE list on the back of this Af�ii VroNA R&W&pa$r the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. r c - f COMPLETETHIS SECTIONON DELIVERYF COMPLETE SECTION �� • Complete Items 1,2,and 3.Also complete A Signature ❑Agent item 4 if Restricted Delivery is desired. X �/ ❑Addressee ! j ■ Print your name and address on the reversef so that we can return the card to you. B. Received by(Printed Name) Y:_. f�gli ery■ Attach this card to theback of the mailpiece, (�l l l` ,a / or on the front if space permits• D. delivery address different Item 1? [3Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No I Robert V. Longo 224 Centre Street New York,'NY 10013 rRestlicled ..y il Nam,Express Mall [3 Return Receipt for Meichardse [3 C.O.D. ery?(Extra Fee) ❑Yes 2. Aftle Number- i 7 q 111 0 4 7',0 j 10 0jo p 617 9.8"1 i3 5.3 7 (rransfer from service 166e1) PS Form 3811,February 2004 Domestic Return Reoeiptm I ; 111ifi !1 I 1111 ! i 4(lil ; _._ COMPLETE . ON DELIVERY SENDER: COMPLETE THIS SECTION N Complete items 1 .2,and 3.Also complete : ;: A•signature; Agent Item 4 if Restricted Delivery is desired. X ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Prin ed Name) Date of Delivery (.: ■ Attach this card to the back of the mailpiece, L) J 1 j or on the front if space permits. D. Is delivery address d'rfferent from Item 17 ❑Y 1. Article'Addressed to: If YES,enter delivery address below: ❑No Linda E. Vardy .30SO Henry's Lane Peconic,NY 11959 3. 1Ce Type Certified Mail ❑Express Mail ❑Registered 17 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 011 0470 0000 6798 3551 (rransfer from service label PS Form 381'1,Feb ' ' ' t Doirie'stic Return Receipt __. 102595-02-M-1540 I' ruary 2004' HIRSCHHORN & MARTINEZ Adjacent property owner list 1000-67-1-7 r RECEIVED f 1000-67-1-6 Susan E.Smyth &ORS / DEC 20 Attn: Mr. &Mrs. Peter A. Dohn 57 McGregor Avenue BOARD OF APPEALS Mt.Arlington, NJ 07856 1000-67-1-8 Robert V. Longo 224 Centre Street New York, NY 10013 1000-67-2-6 William J. Eckartz,Jr. Linda Eckartz PO. Box 125 Peconic, NY 11958 1000-67-2-7 Linda E.Vardy / 3080 Henry;s Lane V/ Peconic, NY 11958 1000-67-2-8 Christine J. Bergmann 225 Sound Avenue Peconic, NY 11958 P• Postal CERTIFIEDCERTIFIED MAILT. RECEIPT ■ (DomesticOnly; . Insurance Coverage . ca m (DomesticOnly;,.n mLn • Cry o.: !1 cci�El l(ORK'kFicl01 z . PE'00 NY r 99 Er Postage $ $0.45 Z 0;0 ��5� Postage $ $0 0932 -per Certified Fee n Certified Fee r ,C3 $` 95 �� 02 Postmark L $� ` '� p Return Receipt Fee Here C E��' �0 2 rri Endorsement Re ulred C] Return Receipt Fee p ( q ) $nL.3 n p (Endorsement Required) c$` 35 D�L ¢ 2012 p Restricted Delivery Fee C3. Restricted Delivery Fee (Endorsement Required) $0. (Endorsement Required) $0. Total Postage&Fees $ $5.75 . 4/7012 ��ry Q Total Postage&Fees $ $5.95 �^ � a Sent To J'gFCJ'� Sent To -- --- - ---� -----�'--- ^� --------- (6� -- �� ' �'� -------------- O Street,Aptc�/ � 0 set, pt.No.; f� or PO Box No. -Y--- P`- ------- ------- �61 L or PO Box No. City Sfate,ZIP+4 /DO City,S to ZIP+4 IC-, 95-�" ■ • ■ / RECEIPTCERTIFIED MAIL,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only;'No,insurance Coverage Provided) .,(Domestic Mail Only;NoInsurance Coverage Provided) Ln Ln u"i P�CClt1IWi•.Y��1'1t8# :, - coF' I ,:tY, 9i8s 1 � Postage $ $0.45 �''0 ��yn N Postage $ $0.4 Certified Fee Q. Q ``� Certified Fee 0 Postmark $2� Q` Postmark jf��\� i �° CI^ Return Receipt Fee C] Return Receipt Fee br p (Endorsement Required) $t. ( Here n C] (Endorsement Required) q i,Here Restricted Delivery Fee ®EL 14 01 m C] ktAestricted Delivery Fee $� EL 9 4 201 fi r c1(Endorsement Required) $0.0 (Endorsement Required) $�. \ / r3 =J Total Postage&Fees $ $5.75 1 4/c"012 r.��ry Total Postage&Fees $ $5. 14/2012 C3 �t Sent To � � �/ � e To a � l✓ -- l� e�� h'`1 ft�t ?.'`)'� I '-� `�i�i1 '1_��l/.�p�� gi n.s 0,,, Scree,Apt No.; R S`Veet,Apt.No.; ' " ---------------- or PO Box No. 3U� a! l f /y1�y/, 0 or PO Box No. City State,Z%P+4 �f """J"""' �'� City State,Z%P+4 "" j q ! ' �- -----'psi"°Yr`-- . ' USA,)ostal ■ , RECEIPT (DoMestic.mait I • lu Ln M( ARLIi1G'fON i 10,�i�5 i Co J Postage $ $0.4 A(S� Certified Fee $2 02 r� Postmark C] C3 Return Receipt Fee Here C] (Endorsement Required) 15 2 �Z m I-3 F,gstricted Delivery Fee EC Ll7 j $ 00(Endorsement Required) Cl �V total Postage&Fees $ $5. 9,1 2/14/2012 E3 Sent To _%�-. O Street,Apt.No.; n C3 or PO Box No. _ ------------------ _ Ciry State, IP+ r DEUVERY COMPLETE SECTION •MPLETE THIS-SECTI.ON ON E Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. ❑Agent f ■ Print your name and address on the reverse &celved ❑Addressee 1 "so that We can return tlie'card'to you.'' rioted ame) C. Date of eliver ■ Attach this card to the back of the mail piece, or on the front if space permits. D. Is delivery a ress different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Christine J. Bergmann 225 Sound Avenue �Q Peconic, NY 11958 ! 3. OlcoTYpe Certified Mail ❑Express Mail 4 E3 Registered 0 Retum Receipt for Merchandise + O insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes P 4 2. Article Number, (Tiansfer`frorri service laben( §i 7 0'11 4 7 'd Q 6 7 9 8 „ ,. PS Form 3811,February 2004 Domestic Return Receipt .10i65-024-1540 �a iii �� ii iiii I # 941liili ifi4; - TOWN OF SOUTHOLD I 1 ZONING BOARD OF APPEALS 1p I SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#10.00- COUNTY OF SUFFOLK) STATE OF NEW YORK) I,D a K- M&<Iex residing.at h ig/i✓ 57 Ly0 �/%p L/C dot j!/1 M�i� C�aJcSu L�st� ,r�l� i New York, being duly sworn, depose and say that: On the_JZ day of mil✓ -44 , 20 U-, 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 prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this Day of�,Jp;ju& , 201 Y otar, Public Matthew D. Ivans Y ) Nona ublic of New York No. 1 IV6053859 Qualified in Suffolk County Commission Expires January 22, 20) 1 * near the entrance or driveway entrance of my property, as the area most visible to passerby. Zxx #10996 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 each week for 1 week(s), successfully commencing on the 3rd 3rd day of January, 2013. Principal Clerk Sworn to before me this `" ti day of 2013. vr LEGAL NOTICE i 11:00 A.M. NEW SUFFOLK SOUTHOLD TOWN WATERFRONT FUND INC. and ZONING BOARD OF APPEALS ROSIN'S ISLAND HOLDINGS.LLC C RISTINA VOLINSKI THURSDAYJANUARY3,2013 #6616 - Request for Variances from NOTARY PUBLIC-STATE OF NEW YORK PUBLIC HEARINGS ` Art.XIII Code Section 280-56 and the NOTICE IS HEREBY GIVEN,pur- I Building Inspector's September 18,2012 No. 01 V06105050 suant to Section 267 of the Town Law and Notice of Disapproval based on an ap- Qualified in Suffolk County Town Code.Chapter 280(Zoning),Town plication for a permit for a minor sub- My Com►'fllsolon Expires Fe0ruaP 21i 2014 of Southold,the following public hear- I division at;1)lot size less than the code P Y ings,will be.held by the'SOUTHOLD required 80,000 sq.ft.per Bulk schedule TOWN ZONING.BOARD OF AP-. in MII District,2)lot size less than the PEALS at the Town Hall,53095 Main code required 160,000 sq,ft.for the pro- 12.20 P.M. — MICHAEL Road, P.O. Box 1179,. Southold, New , posed second use,located at:650 and 380 HIRSCHHORN #6619 - Request York 11971-0959;onTHURSDAY JAN- First Street(corner Jackson Street,Main Variances from Article XXIII Secfi i7ARY 3.2013 Street)(adj.to Cutchogue Harbor)New 280-122A and the.Building Inspect( .'10 30 A M THOMAS SPURGE Suffolk-,NY.SCTM#1000-117-8-18&19 December 4,2012 Notice of Disappro 11:20 A.M.-NEW SUFFOLK WA- based on an a hcation for buildin - #6615 - Request for Variance from. pP g P Article XXIII Section 280-124 and the TERFRONT:FUND.INC:-#6617-Re- mit for.additions and alterations to -Build mg 4gspector's.October,`12,:2012 quest for Special Exception per Article existing„dwelling uO(1) a nonconfor XIILSection-280 t5 (B) 1 to operate,a in building containing a conforming t Notice 4bisapproval based ga-an ap-. g g g g per lication.for building permit.for addi- restaurant m a Marine II (MII).Dis=' shall not be enlarged,reconstructed tions and alterations to existing,single trict;located:at 650 First reef)"(adj. to structurally altered or moved,provid Jackson Street, Main Street) '(adj. to such action'does not create,any an n family dwelling':1)less than the code re= Y quired minimum rear yard setback of 35 Cutchogue Harbor) New Suffolk, NY. nonconformance or,increase the degi _ SCTM#1000 117 8 18 of nonconformance,Pursuant to the feet,located at 3145 Manhanset Avenue '11:45 AM. - EETER and.:DIANE terpretation of Walz(5039) such alte Greenport,NY.9CTM4100043-1-7 MO 11CA-#6618 Request for Vari- tions NilU,thus.constitute.an.increase 10.45 A.M - . ARIUSZ JACHIMO- ante from Article II1 Code Section 280= the degree:of nonconformance: (a) I WICZ-#6612=Request for Variances 15-and the Building Inspector's:Decem- than the minimum side yard setback of from Article;XXIII'Code Section 280- her 3,2012 Notice of Disapproval based feet,(b)less than the minimum combin 123 and the Building Inspector's No- on an application for building permit for side yard setbacks of 25 feet,located vember 9,2012.Notice:of Disapproval an accessory in-ground swimming pool 280 Sound Avenue(adj.to Long Isla based on an application for building per- at:1)accessory in-ground swimming pool Sound)Pecwnic,NY.SCTM#1'000-67-1 mit for-"as-built"alteration/addition to is proposed in a location other than the The Board,of Appeals will hear an existing dwelling at;1)a nonconform- code required rear yard,located at:50 j persons or.their representatives;de; irig>building containing a nonconforming Schooner Drive.(corner Anchor Lane) ing to be heard at each hearing,and Dated:December 11,2012 desiring to submit written.stateme* ZONING BOARD OF"PEA use shall not be enlarged,reconstructed, g Southold,NY.SCTM#1000-79-4-2 before the conclusion of each head LESLIE KANES WEISMAN CHAI structurally altered or moved, unless � the use of such building is changed to a 12:00 P.M. - BETTY HERMAL Each hearing will not start earlier th PERS( conforming use,the"as built"structure #6614 - Applicant requests a Spec designated above.Files are available: BY:Vicki Ti -is considered a second dwelling on the Exception under Article III,_Secti review .during.regular. business hoi 54375 Main Road(Office Locati( property, located-at: 9395 Main Road 280-13B(13).The Applicant is the owl and prior-to the day of the hearing. 53095 Main Road(MailingfUSI Mattituck,NY.SCTM#1000-122-6-18 requesting authorization to establish you have questions,please contact c P.O.Box 11 Accessory Apartment in an access( office at, (631) 765-1809, or by em. I Southold,NY 11971-OS structure, located at: 305 North B,, Vicki.Toth@Town.Southold.nv.us. ! 10.996-IT 1/3 view Road, Extension, Southold, 1 — SCTM#1000-78-8-16.1 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME HIRSCHHORN , M . #6619 MAP # 67E= 1 =7 VARIANCE SETBACKS REQUEST ADDITIONS ALTERATIONS DATE : THURS , JAN . 31 2013 12EM20 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 -TOWN OF SOUTHOLD 765 = 1 .809 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: hLtp://southtown.northfork.net December 10, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday, January 3,2013 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 Suffolk Times. 1) Before December 17th: 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 December 24th: 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 December 261h: 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 December 31, 2012. 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. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0�SO yo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider OI�cou Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 December 11, 2012 Mark Terry, Principal Planner �---- I} LWRP Coordinator Planning Board Office �' 11 DEC Z Town of Southold Town Hall Annex Southold,NY 11971 Fianninr t�oa + y_ Re: ZBA File Ref.No. #6619 (Hirschhorn) Dear Mr. Terry: We have received an application for additions and alterations in Peconic. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �g"O soUrif� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer u, y[ Town Annex/First Floor,Capital One Bank G George Horning pQ 54375 Main Road(at Youngs Avenue) ,c0 � Ken Schneider lif'C Southold,NY 11971 http:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 December 11, 2012 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 #6619 Owner/Applicant: Hirschhorn, Michael & Martinez, Jimena Action Requested: Additions and Alterations 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 K. Weisman ZBA Chairperson B ' Encls. Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President RECEIVED January 4, 2013 JAN - 4 2013 ,� Q Ms. Leslie Kanes Weisman, Chairperson BOARD OF APPEALS Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY, 11971 Re: Hirschhorn Property Situate: 280 Sound Avenue, Peconic, NY SCTM#: 1000 - 67 - 01 - 07 Dear Board Members, In satisfaction of your request for additional information made at the public hearing of January 3', I enclose the following: • An ammendment to the Diagram that was submitted at the Zoning Board meeting on January 3, 2012, depicting the proposed elevations, and including title block and page numbers. • A list of relevant General Yard Variances granted over the last 20 years in the neighborhood of the Hirschhorn Property. • Copies of the Variance Determinations of the above referenced variances. As evidenced herein, over the past twenty years there have been several variances of a similar nature in the neighborhood,with two taking place immediately next door. These variances grant relief from side yard and total side yard setbacks. Accordingly please find this evidence as well as previous testimony sufficient to,grant the requested variance. Sincerely, J s F. Laird Hirschhorn Property Situate: 280 Sound Avenue, Peconic, NY • r SCTM#: 1000 - 67 - 01 - 07 Approved Side Yard Variances in the Hirschhorn's ne4 orkgedsinceI January 1, 1993: JaN - 4 2013 • # 6539 Longo 3/15/2012 o 220 Sound Avenue BOARD OF APPEALS o Granting variance to the Front Yard, Side Yard, and Total Side Yard setback requirements to allow for reconstruction of a single family residence. • # 6312 Terranova 10/22/2009 o 415 Sound Avenue o Granting variance to the Side Yard setback requirement for an as built deck to exist within 2.6 feet of the lot line. • #5608 Arin 12/2/2004 o 180 Sound Avenue o Granting variance to Total Side Yard setback requirement for an as built deck for a total of 17.2 feet of Total Side Yard. • #5564 Atkinson 7/15/2004 o 220 Sound Avenue o Granting variance to the Side Yard and Total side Yard setback requirements to allow for construction of a new deck. • # 5183 Booth 10/3/2002 0 405 Fasbender Avenue o Granting variance to the Front Yard and Side Yard setback requirements to allow for reconstruction of a single family residence. Page 1 of 2 Suffolk F.n��ii-on�nental Situate:Hirschhorn 280 Sound Avenue, Peconic, NY Consltltiilg, I�ic. Hirschhorn t Property Terranova a Property Property Longo Atkinson e Property � 9 e7 �rN 4 •• • erty l \yya� g / Page of 'k 6u 1 BOARD MEMBERS ��SO(/ry Southold Town Hall Leslie Kanes Weisman,Chairperson ,`p� �1 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer • Town Annex/First Floor,Capital One Bank George Horning ,�a� 54375 Main Road(at Youngs Avenue) Ken Schneider COW Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS REd.E VED TOWN OF SOUTHOLD 10 '.SS Tel.(631)765-1809-Fax(631)765-9064 fARaL2Jf2 2012 FINDINGS,DELIBERATIONS AND DETERMINATI f`"�� /��GG�"�' MEETING OF MARCH 15,2012 Ehold Town Clerk ZBA FILE: 6539 NAME OF APPLICANT:Robert V.Longo PROPERTY LOCATION: 220 Sound Avenue(adj.to Long Island Sound),Peconic,NY SCTM: 1000-67-1-8 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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 January 24, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Feb. 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Although the proposed action is INCONSISTENT with LWRP Policy Standards, the LWRP Memorandum states "Maintaining existing development structures in hazard areas may be warranted for:(d)sites where relocation of an existing structure is not practical." In recognition of the fact that the applicant proposes to reconstruct an existing single family dwelling located in a well-established sound side neighborhood, albeit on a parcel and in a neighborhood bisected by the Coastal Erosion Hazard Line, the LWRP Coordinator also states "The "as built' residential structure does not functionally require a location on the coast and is not water dependent. Although due to lot size,configuration,and area of unbuildable lands located on the lot,the relocation of the structure is not feasible." PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 21,023 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 51.48 feet along Long Island Sound. The easterly lot line measures 426.57 ft. along an adjacent residential property. The southerly lot line measures 50 ft.along Sound Ave., and the westerly lot line measures 414.34 ft. along other adjacent residential property. A large portion of the parcel is seaward of the Coastal Erosion Hazard Line (CEHL) leaving 4350 sq. ft. of buildable land. The parcel is improved with a single family dwelling, as shown on the site survey drawn by Peconic Surveyors, P.C., dated May 26, 2011, and revised Dec. 20,2011 to show the existing lot coverage of 53%of the total buildable land. W Page 2 of 3—March 15,2012 ZBA File#6539-Longo CTM: 1000-67-1-8 BASIS OF APPLICATION: Request.for Variances from Article XXIII Section 280-124 and the Building Inspector's December 29, 2011 Notice of Disapproval based on an application for building permit for "as built" demolition and re-construction of a new single family dwelling at: 1)less than the code-required front yard setback of 40 feet, 2) less than the code-required minimum side yard setback of 15 feet; 3) less than the code required combined side yard setbacks of 35 feet;4)more than the code permitted maximum lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to make proposed alterations and additions to the existing single family dwelling. Although all such proposed construction will occur within the existing footprint of the non-conforming structure, the overall extent of the proposed construction has been determined to be a demolition, and re-construction of the building. The applicant requests a variance 1.) for a front yard setback of 25.3 feet, where 40 feet is required by Town Code, 2.) a variance for a single side yard setback of 6.7 feet, where 15 feet is required, 3.) a variance for a combined side yard setback of 15.7 feet,where 35 feet is required, and 4.) a variance for a lot coverage of 53%of total buildable area,where 20%is allowed by Code. ADDITIONAL INFORMATION: The file contains a letter from the adjacent easterly neighbor, dated Feb. 23, 2012, expressing support for the applicant's proposed construction. The applicant was asked to bring the plan into more conformity with the code. On March 7,2012 the Board received a revised survey showing a reduction in the lot coverage from the requested 53%to 44%by removing some decking and sheds. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1, 2012,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 6267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes the reconstruction of an existing single family dwelling on the existing building footprint. The applicant's parcel is situated in a well established, and fully developed sound side residential neighborhood consisting of 25-30 single family dwellings, that are almost entirely located on parcels which are characterized by long, narrow rectangular lots very similar to the applicants parcel. A significant number of the principal structures in the overall neighborhood do appear to have nonconforming front yard and side yard setbacks,and although the actual number of nonconforming residences has not been determined,it is reasonable to note that these nonconformities are characteristic of the neighborhood. The 10 improved parcels immediately adjacent to the waters of Long Island Sound, including the applicant's parcel,all appear to be constrained to some extent in buildable areas by the transecting of the Coastal Erosion Hazard Line (CEHL) through these waterfront properties. Therefore it would not be unusual for these developed properties to have excessive,existing lot coverage,because the CEHL reduces the buildable area on each affected parcel. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The proposed reconstruction on the building footprint of the existing nonconforming structure can not proceed without the requested front yard and side yard variances. Nor can the reconstruction proceed without a variance for lot coverage,since the existing structure exceeds the Code allowed lot coverage because of the location of the Coastal Erosion Hazard Line. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are mathematically substantial. The existing, and proposed 25.3 ft. front yard setback is +34% relief from Code required 40 ft. The existing, and proposed 6.7 ft. single side yard setback is +55% relief from Code required 15 ft. The existing, and proposed 15.7 ft. combined side yard setback is +55% relief from Code required 35 ft. The existing, and proposed 53% lot coverage is 62% relief from Code allowed 20%lot coverage because the CEHL reduces the 21,023 sq.ft. parcel to 4350 sq.ft.of Page 3 of 3—March 15,2012 ZBA File#6539-Longo CTM: 1000-67-1-8 buildable area. As a result of the CEHL, of the eight other similarly developed existing homes along Sound Avenue, six exceed the code permitted lot coverage, two of which exceed the amended lot coverage of 44% proposed by the applicant (SCTM 67-1-5 at 46% and SCTM 67-1-7 at 58%). Moreover, all proposed reconstruction will be within the existing nonconforming building foot print. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant will not build seaward of the Coastal Erosion Hazard Line, and will provide on site storm water containment as required by Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created but is related to the pre-existing, nonconforming status of the structure on this property, and to the close proximity of the CEHL which greatly reduces the total buildable area of the property. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a newly reconstructed single family 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 267-13, motion was offered by Member Horning, seconded by Member Goehringer,and duly carried,to; GRANT,the variances as applied for as to the front yard,minimum and total side yard setbacks, and shown on the survey drawn by Peconic Surveyors, and dated May 26, 2011, last revised March 2, 2012 showing the percent of existing and proposed total lot coverage after the construction is completed. DENY, the lot coverage request of 53%and; GRANT ALTERATIVE RELIEF,for lot coverage of 44%maximum as shown on the survey drawn by Peconic Surveyors,and dated May 26, 2011, last revised March 2,2012 showing the percent of existing and proposed total lot coverage after the construction is completed. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Schneider, Dinizio,Horning. This Resolution was duly adopted(5-0). 1 Leslie Kanes eisman,Chairperson Approved for filing 3 /aQ /2012 4�0 Office Location: �e�OF $U(/T�,O Mailing_Address: } Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) r,, a,c P.O.Box 1179 Southold,NY 11971 :NS� • �O� Southold,NY 11971-0959 r http://southoldtown.northfork.net REC IVED q-- BOARD OF APPEALS TOWN OF SOUTHOLD NOV 2 2009 Tel.(631)765-1809 Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIAO hold Townlvlerl MEETING HELD OCTOBER 22, 2009 ZBA File# 6312 =Peter S. and Barbara H. Terranova, Applicants Property Location: 415 Sound Avenue, Peconic CTM # 1000-67-2.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 14, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 7,500 square foot parcel as shown.on the survey prepared by John T. Metzger L.S. dated December 30, 2008. The property is improved with an one-story frame house and a detached garage. The property has 50.feet of frontage along Sound View Avenue. The property is 50 feet wide by 150 feet long. BASIS OF APPLMCATION: Requests for Variances under Section 280-124, based on the Building Inspector's May 27, 2009 Notice of Disapproval concerning an as-built deck addition to'the existing dwelling, which new construction is: (1) less than the code-required minimum 10 feet on a single side yard, and (2) exceeds the code limitation of 200/6"lot coverage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 1, 2009, 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: Page 2—October 22, 2009 r `- ZBA 6312-Peter S. and Barbara H. Terranova,Applicants \ �D CTM# 1000-67-02-04 AREA VARIANCE RELIEF REQUESTED: The applicants request variances related to the as-built deck that exists: (1) with a side yard setback of 2.6 feet, and (2) lot coverage that exceeds the existing allowable coverage by 1.6% (or +/- 120 square feet). ADDITIONAL INFORMATION: The house and garage were constructed prior to Zoning Codes. The total lot coverage is 24.2% as indicated on the survey dated December 30, 2008. The as-built deck is 1.6% of Lot Coverage as per the application, leaving this property with a pre-existing lot coverage of 22.6%. The as-built deck was constructed over a pre-existing concrete landing and steps. The improved adjacent properties are equal in size and shape and have similar improvements. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 5267-b(3)(b)(3)(11. Granting of the variances will not produce an undesirable charge in the character of the neighborhood or a detriment to nearby. properties. The side yard setback of the as-built deck is in line and the same as the pre-existing house. Most of the adjacent properties are smaller lots with cottages with preexisting lot coverages and frequently converted to year-round use. 2. Town Law -4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The deck exists in a nonconforming location which requires area variances in order for the applicants to acquire an as-built building permit for same existing deck. 3. Town Law 6267-b(3)(b)(3). The side yard set back Area Variance requested herein is substantial. The Code requires a 10 foot side yard set back. The applicants are requesting a 2.6rfoot side yard setback, this would require a 74% variance which is substantial. Thy lot coverage area variance requested herein is not substantial. The applicants are requesting a 1.6% increase in lot coverage for the as-built deck, and this would require an 8% Variance which is not substantial. Total lot coverage is 24.2% of which-22.6% is pre-existing, leaving 1.6%, 120 square feet, for the as-built deck. 4. Town Law 261-b(3)(b)(5). The difficulty has been self created. The as-built deck was constructed without a building permit prior to the purchase of the property by the applicants. 5. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this Asidential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Page 3—October 22,'2009 \C1 ZBA 6312-Peter S. and Barbara H.Terranova,Applicants CTM# 1000-67-02-04 �� 6. Town Law 6267-b. Grant of the relief requested Is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of the rear deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman, and duly carried, to GRANT the variances as applied for, as shown on the drawings of the deck submitted June 1, 2009 and prepared by the applicant, and shown on the December,30, 2008 survey prepared by John T. Metzger, L.S. Any deviation from the variance given such as extensions, or demolitions which are not shown on thl applicant's diagrams or survey site maps, are not authorized under this application.y�rhen 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. !r 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 Goehri Ch ' man , Weisman, Simon, and Schneider. (Absent was Member Hornig.) This utio s ly adopted 4-0. and P. Goehringer, Chair' an 10/9 /2009 Approved for Filing �gOFFO(�►c APPEALS BOARD MEMBERS p�► O Southold Town Hall Ruth D.Oliva,Chairwoman �� 53095 Main Road Gerard P.Goehringer w P.O. Box 1179 Lydia A.Tortora We Southold,NY 11971-0959 Vincent Orlando �' p!� Tel. (631) 765-1809 James Dinizio,Jr. l �►� Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED F� TOWN OF SOUTHOLD el.,oO pq� FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2, 2004 DEC 2 $�,;�;. ZBA Ref. 5608-Risa Arin STREET& LOCALITY: 180 Soundview Avenue, Peconic; CTM Parcel 67-1-9. Southold Town Clerk DATE OF PUBLIC HEARING: November 18, 2004 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is 21,636 sq. ft. with 50 ft. frontage along Sound View Avenue in Peconic. The property is improved with an one-story, single-family dwelling as shown on the July 26, 2004 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Inspector's August 31, 2004 Notice of Disapproval amended October 26, 2004, citing Sections 100-242A and 100-244 for the reason that the combined side yard area is less than 25 feet. AREA VARIANCE RELIEF REQUESTED: Applicant requests a setback variance conceming an as- built deck addition, after removal of the former deck construction. The relief requested is for a combined side yard area of 18.4 feet for the new construction area (or 17.2 feet from closest measurements when measuring from the existing southwest corner of the dwelling) instead of the code-required 25 feet. REASONS FOR BOARD ACTION DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The as-built deck is 30.6 feet wide along the northerly measurement and 28 feet deep along the west side measurement. This new construction is a replacement of the pre-existing deck, maintaining all pre-existing side yard setbacks at 10 feet from the southwesterly comer of the deck to the side lot line and 8A feet from the northeasterly corner, measured at the closest points as shown on the August 27, 2004 amended survey prepared by Peconic Surveyors, P.C. 2. The benefit sought by the applicant cannot be achieved by some method,feasible for applicant to pursue, other than an area variance. This is simply a replacement of the construction that was existing. 3. The requested area variance is minor with a 6.6 ft. reduction from the code required 25 ft. combined side yard area. Page 2—December 2,2004 Appr No.5608—R.Arin j `p CTM 67-1-9 �{1 4. The difficulty was self-created when the applicant purchased the property with preexisting, nonconforming construction, and the deck was replaced without a building permit. 5. No evidence has been submitted to show that this minor variance will have an adverse impact on the physical or environmental condition in the neighborhood. RESOLUTION/ACTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer Member Orlando (Vice Chairman), seconded by Chairwoman Oliva and duly carried, to GRANT the variance, as applied for, as shown on the August 27, 2004 amended survey prepared by Peconic Surveyors, P.0 (and Condon Engineering, P.C. Plan S-1 dated 6124/04), SUBJECT TO THE CONDITION that the deck remain unroofed and open to the sky. This action does not authorize or condone any current or future use, setback or other features of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva(Chairwom ), G hrin ort , and inizio. (Absent was: Member Orlando.) This Resolution was duly o (4- Vin nt Irlando, cting Cha' man/Member 124 7 -04 10-C su��oc� APPEALS BOARD MEMBERS p�O �'pG "'""Southold ToW- n Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer H RECEIVED P.O.Box 1179 Lydia A.Tortora • Southold,NY 11971-0959 Vincent Orlando y p! °r Tel. (631)765-1809 James Dinizio,Jr. 1 �p s Fax(631)765-9064 717 http_//southoldtowR.northf ne okhold ToVin Cleft BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 15, 2004 ZBA##5564—PEGGY ATKINSON j Property Location: 220 Sound Avenue, Peconic CTM#67-1-8 SEQRA DETERMINATION. The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. I PROPERTY FACTS/DESCRIPTION: The applicant's 8,276 sq. ft. lot is improved with a one-story frame house as shown on the October 11, 1978 survey prepared by Roderick VanTuyl, P.C. The i property has 50 ft. frontage along Sound Avenue and 52 feet along along the ordinary high water i mark of the Long Island Sound. BASIS OF APPLICATION: Building Department's June 16, 2004, Notice of Disapproval, citing Code Section 100-242A and 100-244, in its denial of a building permit application concerning demolition of the existing deck and construction of a new deck. The reasons stated are that the deck will increase the degree of nonconformance and create a new nonconformance in the existing side yards. 4.5+- feet on the westerly side, and 11+- feet total side yards. The Code requirement is for a minimum single side yard of 10 feet, and total side yard minimum of 25 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on-T. tt,.•�!.? 2004, 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 wishes to construct a new 36' wide deck, replading the previous deck that was deteriorated and unsafe. The setbacks of the replacement (new) deck are shown on applicant's sketched-in survey map to be a minimum of 4.5 feet from the westerly side, and a minimum of 11 feet for both side yard setbacks. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the deck was built more then forty years ago and nothing will change. I r * 1O� r Pe'—July 15,2004 ZB�A l�o.5564—Peggy Atkinson CTM 67-1-5 I 2. The difficulty was not self-created. 3. 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 deck legally existed for more then 40 years and the applicant only desire is to replace supporting members and materials of the deck and step areas that had deteriorated over time, required replacement. 4. The variance granted herein is not substantial. 5. No evidence was submitted during the hearing or in the written record to indicate that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 6. Grant of the relief requested is the minimum necessary and adequate the enable the applicant to enjoy the benefit of addition 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 Tortora, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on applicant's diagrams (prepared by Warren A. Sam,bach, P.E.with a ZBA date stamp of June 22, 2004). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses. Setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, and Dinizio. (Absent was: Member Orlando.) This Resolut!pnwas duly adopted (4-0). 0& X•�lhJ�� Ruth D. Oliva, Chairwoman 7/16/04 Approved for Filing " APPEALS BOARD MEMBERS ? ...J �� s� foc,t•� � Sotithol�l TownHall ), Gerard P.Goehringer,.Chairman 53095 Main Road Lydia A.Tortora P.O.Box 1179 George Hornig 0 Southold,New York 11971-0959 Ruth D.Oliva �'� O� ZBA Fax(631)765-9064 Vincent Orlando �•� • `��' Telephone(631)765-1809 http://southoidtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TINDINGS,,DELI BERATIONS AND DETERMINATION MEETING OF OCTOBER 3,2002 APP1:No:5183-HELSN'i300TH.` Property Location':405 FasbenderAveriue, Peconic;Parde167-6=5:~.° SEQRA.DETERMINATION;• The Zoning Board of Appeals has visited.the property:under coraileratgi;.it .ttis';applicatipn and determines that,this review.falls under the Type II category' of the Stata's LisF of-Actions,without an adverse`effect on the environment if the p -is:iimp rc�jeat lementeii as:planned.. PROPERTY'FA_&S/DESCRIPTION: The applicant's property as imp.roved with a..single- fam ly�ivuelling bcat. on t ie:sd Ah side of FasbenderAvenue(and Souricl vie w Avenue,a privateunlmjaroyedaoad�,.in Pe conic. The lot contains aaot area of F0,542+ sq.ft.total. The"existmgs dwelling(mokirl6 home) is shown on the survey with:a 1:3:7,fE:frdnt setback from the spitthwest corner't©ward Sound View Avenue,a#its dosesf point;4 f feetfrdm the frontline factng Fastiender Avenue,and 9.8 feet to the east side line. BASIS':OF.APPLICATtQN`.:Building Department's June 29,2002 Notice of Disapproval for ap''lAioantitocansteit :a fi w•dwelling, after..removal of the mobile hoome(dwelling)which exists in a;rionconfohriing`setback location at 3+-4eet from.the'southwest corner'of the proodsed,new drivelling at its closest point, and 9.8 feet from the easterly side yard at its closest.;point. FINDINGS OF FACT The Zonirig:Board of Appeals held a public hearing on this application on September 19, 2002,.at.which;time,written and oral evidence was presented. Based upon all testimony, docume itation,,personal inspection of.the property and the area, and other evidence,the Zoning Board finds the following facts to be true and relevant. AREA.VARIANCE RELIEF REQUESTED: Applicant requests a Variance under Section 100-24ti4;`to place a new.dwelling;after removal of the existing dwelling,with'setbacks at 35 feet from the.front..:lot line and with a single side yard of.less than 10 feet from the side lot line,at its closest points. REASONS FOR BOARD ACTION: On the basis of testimony presented,materials submitted,'and'per'sonal'inspections,the Board made the following.fndings: 1:. Graht bf ah area variance will not produce an undesirable change in the character of the!nj ig.�borhood ora detriment to nearby properties. The applicant wishes to replace her Page 2—October 3, Boo Appl.No.5183—H.Booth 67-6-5 at Pecunic home,in.place,.in Itind,vgjl use,a footprint whic4 has existed for:.many.years in its. resent; . location. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than:an area variance. Applicants property is located adjacent to a paper street from a filed development map which creates two front yard areas.under the zoning code. , 3. The variance,granted herein is not substantial. The variances grants a.modest.reduction, in the setback of the southwest comer.of the building. It is doubtful that the paper street which has existed for 30 or more years will be built or improved. 4. The variance granted will not have an adverse effector impact on the physical or environmental conditions in the neighborhood or.district. During the hearing process, no evidence was submitted to the board to indicate the.front setback increase would.have any adverse impact or effect on the physical or environmental conditions in the neighborhood or district. 5. Grant of the requested variance Js the minimum action.necessary.and adequate.to enable'.the applicant to enjoy the benefit..of.a,.replacement-dwelling,.while preseiving;.and; protecting the character of the neighborhood, and the health, safety, and welfare of the community. BOARD RESOLUTION: In considering all of the above factors, the following action'was taken: On motion by Chairman Goehnnger,seconded by..Member Oliva;it was. RESOLVED,to GRANT.the variance as applied for,and shown on preliminary,map prepared 8/23/01 by Destin G Graf, (..S. and construction floor plan prepared by. Haven Homes, Inc.dated 8-8-01. This action,does.not authorize or.p ndone any current.or future-use, setback'or;other .feature:of.the subject.pro party.that rt ay violate tkle.Zoning;Code;,.other:#tian,sutrft,uses,. . setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes; Members.Goehringer (Chairman), Tdrtora.and'Oliva: This Resolution.was:duly adopted (3 0). (Mem r n o a hin Fishers. Island were absent.) GG:RO rard P.06shrinder—ApptWed for Min ld-/4-62. I '��ji��l I�r■■1■■,■■ �-i ■■{■■I■i■Aa11 _ a II j � ll�l■■i■I■I !,! IE■1■■■SI■� M--� iiir i i�� Height from { .---- - urr.■r.rr.r,�...r�7■1■E•■IIEi —from" • ��i��i��i��i�i► ►:III;I`�Illllil{Llli�.E��lli11�11;1 ::1:: � �. :�_ for an overaU change ■,.■L ■.■.. ;o ��■1■s■of E.,■■E■r■■r�. ;' a■e��■■��e■A�al■■ ■■■I■■urn■■■es—..:, =' tEr■■t■l�E■Eri■1■l�l■ir■■I■■ter. 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F- 2 z En 0 U-11 RECEIVED DEC 11 2012 BOARD OF APPEALS .. .. .............. . ............................................ ...................... .......................... ............................................ 1. ....................... .......... .....................MIN .............. GvM] 016 rl ----------- ------------ 1.2 0 z iL 'Hill -------------- RECEIVED .............. ..... . .... ..................... DEC I I Z01Z BOARD OF APPEALS 1 __--_— --=-try------�c__rr-------=ems_-----_-----_ m SETBACK FOR Fn BALANCING ROOF CXVJ15-3 CXW25 i Lam, 1 I 'c MASTER BEDROOM; �• \ CATHEDRAL CEILING Eo rJ Sb' E OFFICE =C HALL O N C m H 3 2,-6, O I �ig O MASTER BATHO CXW15-3 CW135 M W SETBACK 26'-l'/2" �J C7 5 N PROJECT NORTH 2ND. FLOOR PLAN O rn LIVING SPACE 550 SQ FF. SCALE. 0.156" = P-0" R � N A r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �o \Fjf SO!/��Ol 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® a0 54375 Main Road(at Youngs Avenue) Ken Schneider Olif'COU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631)765-9064 January 18, 2013 Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 RE: ZBA Application#6619 - Hirschhorn Dear Mr. Laird: Transmitted for your records is a copy of the Board's January 17, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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. Sincerely Vicki Toth Encl. Cc: Building Dept. 75 �t• a — -- ��„ I J� \ 0 d 116 /s `1 • ti J� . F el Ir �O'r•a �`y � a, , s �• �ti° a b�P�cl pyoo, 3 ;i , a g 6 lb r 'a r � Re Dsu�d� --F-- r}L¢epWlYe ME1Y11BN �Ir�MSE.RLLPROFWIIES Y W/s 0.NplLe R-- THEFWWMW RSIRILRS: "-- �--MT— K^ NOTICE ho COUNTY OF SUFFOI — —� sENEA_ NSF_-`� M'�wf- M9INTENANCE.A' ATION.SALE OR -- RviRE- OISTRIBVT ON gryy PORTION OF THE - Real Property Tax.q.—.;