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VA W1 114 - v Sic I P4 J !►1Op� l RLTS HMA —CATHE RINE --Eugene--s--Road------ --. -- -- - - -- _ _-►J1�zLe_ -, 1�6 3 --- _ ------- --- -----Pam-_-�i---------------- ---(-Georg.e_Ahlers_,.-- .gent.)__-- ----------------, --GRAI�ITELL�ermiss.ion__tQ_.r_�du�e_-p��se.t�t_��Q���.ard ° setback off_ No_- 06� Nassau_Point Club _�'r-_QRerties-,__Cutchog le New York. - - - -------------------------------- ----------------- -- - -- -- MaY- ------------------------------- - —� �Ip -permission to reduce- front_,yard_setback 4n of No. 3061_ Nassau Point Club Properties -- CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of IIID ( ) Check file boxes for prio (Q o a 0 ( ) Assign next number on I CD CL CL outside of file folder y ( ) Date stamp entire origir o file number m „ -u G) m n D ( ) Hole punch entire origir v x o rn O — m i m D (before sending to T.C.) " � rn a _ W w o x v v co ( ) Create new index card �, , �,, a � ( ) Print contact info &tap 0� , Z CO _`< ( ) Prepare transmittal to CD m c ( } Send original applicati @ -4 CO cD Q to Town Clerk -a C° n ( } (dote inside file folder 0 and tape to inside of f m" ( } Copy County Tax Map; :3neighbors and AG lots h m ( ) Make 7 copies and puff �+ ( ) Do mailing label v N 4& 00 AGt1J�� 4 es I N SURVEY OF PROPERTY AT NASSAU POINT 1 9� TOWN OF SO UTHOLD �� NEW YORK �oe. SUFFOLK COUNTY, o1 1000-111-04-11 0 �� SCALE: 1"=30' c NXy� � OCT. '11, 2018 Li` (c. 0 Z�•R �G?0 9�yF Sig. —7P(o RECEIVED OCT A 7 2018 �+ C�� ZONING BOARD OF APPEAL GATE-�/ ° \f tnj, O 2'9i O IL - °AAO• "vim �1lk AREA=16,705 S.F. A °° TO TIE LINES KEY �►�j �F °j0 f Q `PROP. = REBAR "7 o �e \POOL POOWOL ® = WELL ti ����' �L� EQUIP. A = STAKE FINAL MAP�0 �a,� B p� = TEST HOLE �.� •� REVIEWED �Y Z �1 • = PIPE ti oma SEE DECISION # 20L ■ = MONUMENTDATED3 � �� cO-) = U17LlTY POLE LOT NUMBERS REFER TO 'AMENDED MAP A OF NASSAU POINT OWNED BY ?39 NASSAU POINT CLUB PROPERTIES, INC. SITUATE IN TOWN OF SOUTHOLD, LONG ISLAND, N.Y. FILED IN THE AUG. 12, 1922 IN THE OFFICE OF THE SUFFOLK COUNTY CLERK'S OFFICE AS MAP NO 156. V I am familiar with the STANDARDS FOR APPROVAL E IRREGULAR O� NEW), AVE � LtN AND CONSTRUCTION OF SUBSURFACE SEWAGE N 84'58'50' ►,/ . � �, ��a DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES Z 44,00' o and will abide by the conditions set forth therein and on the permit to construct. o� v The location of we//s and cesspools shown hereon are - y - from field observations and or from data obtained from others. 0� 49618 PECO ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLA (631) 765 ,2L0 `> X►(631) 765-1797 OF SECTION 7209 OF THE NEV YORK STATE EDUCATION LA \ P. D. BOX 90 EXCEPT AS PER SECTION 7209-SUBDIVISION 2, ALL CERTIFICATIONS 1230 TRA VELER STREET HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF OI—lO� SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR SDUTHDLD, N.Y. 11971 VHOSE SIGNATURE APPEARS HEREON. 1 0� N 75ee Pa a of If CIO MOOPOOLS Contact - . 00 MAKING 1 SPLASH ` t� IN BACKYARD POOLS Order Your Shipping Container Pool Today CCNTACTUS U) Modpools' patent pending pool utilizes the structural rigidity of a modified shipping container to provide end users with a «, relocatable hot pool. Set up your pool in minutes and take © N advantage of Modpools' built in spa. LU o C � ,� Q Enjoy your pool all year round, Modpools'efficient heater can r � `y m increase water temperature at 100f/hour in 14°f weather. © z Effortlessly control temperature,jets and lighting from your Z smartphone. 0 N SPECS MECHANICAL A LIGHTING Variable speed pumps Color changing LED light Operate from 400 RPM to 3450 RPM 12V/14W Maximum system flow of 160 GPM Pool&Spa LED light with RGBW Technology Two automatic actuation valves 180°Beam for complete coverage J Q W o. w Q � s O z PROUDLY MADE IN CANADA Z N CSA/UL Cert Must be installed by qualified electrician to meet local a HEATING code requirements 400000 BTU/Hour master temp heater Natural gas or propane ci. POOL & SPA CONTROL 30°c/hour temp increase in-100c weather 120/240 V AC,single phase,60 HZ SYSTEM Easy touch screen logic app for PC/Smart Phone Tablets 40 Amp service of FAQ Where can Modpools be shipped? The beauty of our pools being constructed from a shipping container is the ease of transportation Our Modpools can be shipped worldwide Shipping is not included in the Modpool base price as it is dependant on location Does the window come standard? The window is not included in the base price.Most of our windows on the side walls are 4X8 or 4x10.Some customers choose a 4x6 end wall window OR a combination.Custom sizes also available. How long will it take for my Modpool to be manufactured? Each Modpool is built to suit our individual customer's site.Lead times are dependant on the number of customers ahead of you in the fabrication queue.Please contact us for up-to-date lead times! How do I install a Modpool? Modpools can work with your local contractors,advising on proper installation procedures.Ground prep will likely be required,the most common and cost effective is 6 8"of compacted gravel.A concrete slab is also a popular method for placing our 0o Q Modpools on.Please note,these are the most common methods and various U- alternatives exist. O Once our Modpools are placed,only two service connections need to be made: v W �' Q 1)Natural gas/propane for our heater UAO m 2)40 amp electrical service and designated ground wire G QD zp How much does a Modpool cost? O N 8'X20':$29,900 USD $37,900 CAD What are the measurements&weight? 'Modpool 20'Modpool X ool Wa r Level:4' Water Level:4'6" el- '6" Heigh 4'8" Height:52" "Width:8' Width:8'4" "Lengt 2'7' Length:20'Dry eight 40 0 lbs Dry Weight:7,800 lbsht:l 000 lbs F I Weight:20,70 lbs Full Weight:46,200ibsht:95,0 0lbs olume:2500 qal Volume:4800 qal 600 clal Zf o f • Can I have my Modpool painted a different color? We offer the following standard colours for the exterior of your Modpool:White,Grey, Black.We offer Aqua Blue or Grey for the interiors (? 0D How does the divider wall work? E The divider wall comes standard in our 20'and 40'Modpools.It is a light-weight ~� honeycomb acrylic wall that separates your spa section from the rest of your pool. Place the divider wall,turn your Modpool to spa mode and enjoy! Can I make my Modpool an Endless Swim Spa? We are proudly partnered with Endless Pools and can install their Fast Lane system in J our 20'and 40'Modpools at your request.Please ask us for more information! Q LL Q. a Is Modpools an above or below ground pool? 7�? J LL LU Modpools can be installed both above or in ground. O W Y=+ LU o ca Are there pool covers available? DO ZFor all three sizes of our Modpools,we offer both an electric and manual cover option. 00 N 0 How many jets are in the Hot tub? Both our 20'&40'Modpools come standard with 8 body jets in the hot tub,the bets can be controlled via your smart phone. EMAIL STAY IN THE LOOP info@modpools.com Email JOIN (mailto:info@a modpools.com) PHONE LOWER MAINLAND (604)820-9504(tel:6048209�q�s-//www.instagram.com/modpools_officialn(https://www.facebook.com/Modpools/)(https.//wwwyoutube com/channel/UCbnFiybbCpeRfXtAMjf8PMg) TOLL FREE 1(844)936-6376(tel:18449366376) Search Log In Sign Up (4- RECEIVED 0 ZONING BOARD OF APPEALS `�— modpools_official • Follow Kelowna, British Columbia modpools_official We can't get enough of this install. Also, we are in love with Dr. Nick. He makes a mean cappuccino, has a lovely senior Bernese Mountain Dog & , well, the coolest pool on the block! ' #obvioisly #modpools #pool #stillsummer #swimmingpool #backyarddesign #backyard Load more comments jdandersonfhtm Awesome..yet very k Uniaue � t v 1,414 likes AUGUST 30 Log in to like or comment. A 0^1 IT 110 01100An1r 00000 A131 1^00 13M1%1Al-V TCO11AC 111�C/ TA�V O�/�GII CC Log In to Instagram Log in to see photos and videos from friends and Log In Sign Up discover other accounts you'll love. Search Log In Sign Up �a144P t- 1ECEIVEL O OCT 17 201F ZONING BOARD OF APPEALS modpools_official • Follow Oregon ='--� modpools_official What a breathtaking backyard! So impressed with the vision for incorporating a Modpool with this beautiful modern house M #modernhouse #modpools #stillsummer -- #swimmingpool #pool #backyard #backyarddesign View all 33 comments Y, reel 530 @dirtytac0000 chews22 @stevebena n � � f. 765 likes < •. ,•- E {iiW' _ AUGUST 23 Log in to like or comment. AQf111T IIC CI IQn/1QT MMLCC ADI IAQC OMI\/Af%V TCQAAC 00^011 00 Log In to Instagram Log in to see photos and videos from friends and Sign Up discover other accounts you'll love. Search Log In Sign Up 7R, RECEIVED OCT A 7 2018 ZONING BOARD OF APPEALS modpools_official • Follow modpools_official What a great Modpool setup! We love the deck and railings around this 20'. #modpools #container #summer #backyard #swimspa #pool #fillandchill Ff. luisito49.4 @joroc_49 .� j._bedna Awesome! valerinasdancing I live your pools!!! Is there a wheelchair ramp available variety? I need wheelchair ramp, is this possible? f 627 likes jordyharnrick / / _ AUGUST 16 Log in to like or comment. ADAM IT I1 01 100^01r 130000 A01 1^00 001%1Af%V TCORAC r%10Cl%1r/10V 00/1011 CC Log In to Instagram Log in to see photos and videos from friends and Log In Sign Up discover other accounts you'll love. • Search Log In Sign Up RECEIVEC ZONING BOARD OF APPEALS AMLX modpools_official * Follow 1W—) California modpools_official Imagine yourself in this backyard, Modpool Oasis!!! . #modpools #swimmingpool #containerpool #pool #oasis .. _. #californiapools eric.ott.canada ".b scarletbjornson Hopefully by the spring I'll be able to order one of these bad boys! I can't even wait, I don't ever stop talking about it! udmt chilly nurse vic Are you auvs on the 766 likes SEPTEMBER 17 Log in to like or comment. weniT c � oonnT onr�c woi noc noiww Trn��� noc�rnov oonen cc Log In to Instagranh Log in to see photos and videos from friends and Log In Sign Up discover other accounts you'll love. ` FORM NO. 3 RECEIVEDIV�� TOWN",OF SOUTHOLD OCT 17 ZG18 BUILDIN6- SLTJ7 rJ,1K-D, N.Y.EPARTMENT ZONING BOAR[? OF APPEAL Ff, ' 77 NOTICE O'DISAPPROVAL DATE: August 17, 2018 TO: Sarah Apgar 1175 Haywaters Road Cutchogue, NY 11935 Please take notice that your application dated August 14, 2018 For a permit to construct an in-ground swimming pool at Location of property 1175 Haywaters Road,Cutchogue,NY County Tax Map No. 1000 - Section 111 Block 4 Lot 11 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article IV Section 280-15, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts accessory buildings and structures or other accessory uses shall be located in the required rear a The in-ground swimming pool is located in the front yard. (ZD Tit- 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. i RECEIVED 1 Fee.$ Filed By: Assignment No 17 2018 v APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE &G BOARD OFAPPEALS ' 1 AREA VAMANCE House No.1 11 J Street ttaw f pad Hamlet Cu+ckc� q ue SCTM 1000 Section I ( I Block 14 Lot(s) Lot Size •a acreS Zone 10 I-(WE)APPEAL--THE WRITTEN-DETERMINATION OF THE-BU ILDING INSPECTOR------ - DATED A V�171 2_ q� BASED ON SURVEY/SITE PLAN DATED Feb 1517-001 Owner(s): ��an f S'6,r-aJ-% &PqcLr' Mailing Address: I D Lf LJ C5 t-�- nq moil Aj� Cgatl o-4i, As:N' 01 cl 2,? Telephone: X173 -187-44g8Pax: Email: Sae-al-+&pq at-a- 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: l CL Cvnsh--ucAion Name of Representative: Co 1;n Kai-_5e_j, for(4 Owner( )Other: Address: P 0 6 ox 3 I �,re-'en 12r-Ct NY I 1944 Telephone: (o31-4-)7- O91gFax: X173 qT) -36DOEmail:r'0.+-&ejCon.SS� Or)1►,nP_ ne4 Please check to specify who you wish correspondence to be mailed to,from the above names: ()f Applicant/Owner(s), Qq Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED e 1 q, 201&- and DENIED AN APPLICATION DATED/}v cy i1,2d I1rFOR: (�Building Permit V ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: I V Section: ZrrD Subsection: 15 Type of Appeal. An Appeal is made for: 0<)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(X) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 5420 5-)5 Year(s). I q t,3, Ig 163 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner:Cj eo c-oe, A h ler'-V`A)L CQ+j_e_i�e pv5c k ran ZBA File# ~ w f ; • ,0 � I RECEIVE® Name of Owner: Sara� "qa-r ZBA File# OCT REASONS FOR APPEAL (Please be specific, additional sheets may be used with PffWp-'50AR®OF APPEALS signature notarized). 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: P)5 sec ai+o-ch nn-en+ 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: P 1 :5 see- a#ZLck m e.n+ 3.The amount of relief requested is not substantial because: 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Pt S 5e-e- agcy)men+ 5. Has the alleged difficulty been self created? { } Yes,or V No Why: Are there any Covenants or Restrictions concerning this land? X No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Sfrhature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) c Sworn to bef re me this C day of &f-a20 Notary Public ONW j Th@rw Notary Public New Jersey = My Commission Expires 2.3.2021 No.50031567 '` - REASONS FOR APPEAL (Continued) RECEIVE® Sarah Apgar OCT A 1175 Haywaters Road Cutchogue, NY 11935 ZONING BOARD Ol=APPEALS Question 1 The proposed pool is positioned in our side yard and will be sized 8' 4" x 20' allowing us to maintain a significant portion of the green/yard space on our property. The professionally landscaped mulched beds along the perimeter of the yard on Haywaters Road will remain untouched. These beds are filled with various established evergreens and natural deciduous trees. Additionally, the naturally wooded area (with several evergreens) along the "point" of our property on the corner of Vanston and Haywaters Roads will be maintained with plans to add additional evergreen coverage once the pool is put in place. Additionally, our property sits slightly higher than Vanston and Haywaters Roads providing a natural "barrier" from street view. QUESTION 2 We are not able to meet the code requirements to place the pool in our rear yard because we do not have a rear yard. The lot is shaped like a triangle. Our home is positioned on the wider end of the lot with a large side yard. We are requesting that we place the proposed pool in our side yard where we can adhere to all of the set back requirements for an in ground pool. QUESTION 3 Given the unique, triangular shape of our lot, the side yard is the only other location to place the proposed pool. QUESTION 4 There are several pools currently located within a few blocks of our home. More specifically, the property three houses down from us on the corner of Vanston and West Cove Roads has a pool of larger size than the proposed in their side yard. Our pool is smaller(8' 4" x 20'), modular in nature, and in keeping with the wooded scenery of the neighborhood, we are able to maintain all of our current landscaping/wooded areas around the perimeter of our property. QUESTION 5 No, this alleged difficulty has not been self created. The difficulty is due to the location of our home on our triangularly shaped lot. Chad J Thomas Notary PublicNew Jersey y' My Commission Expires 2-3-2021 Signature of Applicant No.50031567 Sworn to before me this day of 20 . Notary Public RECEIVED A.PPLICANT'S PROJECT DESCRIPTION OCT 2018 (For ZBA Reference) Applicant:_ Sega k A4-r-Qv" Date Prepared: I o KING BOARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: F,Crava--1,e a (nole t JI©sro� Ad NILOCI U IQr, onto l ;�✓mv nd s�w-e%P ivy :f1_,,e � - ©M u c n C.r- •1-e s b n na 1 ` S i e � slerwce_ Bonne =:on5 W'111 be- .na&e_ 0P•-opnne- -VOr he-0+er aoet 2-) 40 amp ellec:wl e_ci) H. New Construction Areas (New Dwelling or New Additions/Eittensions): and des�c ��a�ed ,n,,;nd Dimensions of first floor extension: W/A �� g Dimensions of new-second floor: Q/A wre. - Dimensions of floor above second level: 0/A Height(from finished ground to lop of ridge): Q/A 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: P/A Number of Floors and Changes WITH Alterations: AU A W. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: ( , l -1 �- s�var>r -ie_e.4 Proposed increase of building coverage: !o$ $R.Y�re pec 1v cDoti 1 0.,1 y he deck- Square footage of your lot: (� 7 p 5 no fr_ef- 9 r1e� Percentage of coverage of your lot by building area: I I j. V. Purpose of New Construction: To an g®ja K Z®t (V.,,0c u l ar VIMOM01 12001, S 1,e- .A-darriead seers + ,. vrr�,c�-l;o�, res' p�9es of pMCi 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 contours do not pose a problem iri meeting code requirements. The property is located in a residential area------- on Nassau Point. It is not located on the water or on a marsh land. The grassy yard is flat with landscaped wooded areas along the property edges. We are not able to meet the code requirements to place the pool in our rear yard because we do not have-a rear yard. The lot is shaped like a triangle. Our home is positioned on the wider end of the lot with a large side yard. We are requesting that we place the proposed pool in our side yard. Please submit seven(7) photos,Iabeled 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 R\ECEIVED QUESTIONNAIRE OCT I ? 2018 FOR FILING WITH YOUR ZBA APPLICATION Z0NING 60ARD OF QpEAL.S A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. -- ---------- --------- - -- ------------- --- ----- ---------------------------- -- - - C. 1.)Are there areas that contain sand or wetland grasses? N p 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? N p 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? "O 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: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? 00 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel ex i Sl�n q me and the proposed use Sc€M e c,U,+,, � J dAo I (ex:existing single family,proposed:same with garage,pool or other) J.Matdab' rol <* AutfNrized signatur d Date OCT AGRICULTURALZONING BOARD OFA PEALS NT ,0lV11VGg�ARDp�/�p� LS TOWN OF SOUTHOLD WHEN TO USE THIS FORM.• The form must be completed by the applicant for any special use permit,site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred-to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: S0.r' _ 2)Address of Applicant: 1115 14Cxu w ai_-� c� C� 1-,t,,g v e, MY 119115 3)Name of Land Owner(if other_than appticaM) WA J4)Address of Land Owner: - 9/6 5)Description of Proposed Project: a- $"f''x 2 p 1 mo el u l a!:! do q ro v nd 2�uy'.rnmlnq pool 6) Location of Property(road andtax map number}: 11'7:5 u,CL4,--� ct CU1-c1.o ve hil�P -�� �K �000� ll� — II - 7)Is the parcel within an agricultural district? NNo El Yes If yes,Agricultural District Number 8)Is this parcel actively farmed? NNo El 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 765-1938 or the Zoning Board of Appeals at 765-1809. C7 Signature oe4plicant 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. 1-14-09 617.20 RECEIVED Appendix B OCT 17 .2018 Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Completing Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part i-Project and Sponsor Information Name of Action or Project: -To i ns`I-q11 aro 9'-4"x 2o' r,,%oc v1 q_r- ►n round s w,,-n rri1 n as 1 Project Location(describe,and attach a location map): Brief Description of Proposed Action: Excavate a hole to accommodate a 8'4"x 20' modular in ground pool in our side yard. The brand of modular pool is called a Modpool._ 8 pages of Modpool specs/information is attached to this document. Ground prep in the hole will include either 8" of compacted gravel or a concrete slab. Once the pool is in place, two service connections are required: 1) natural gas/propane(for heat) and 2) a 40 amp electric service and designated ground wire. We are not able to meet the code requirements to place the pool in our rear yard because we do not have a rear yard: The lot is shaped like a triangle. Our home is positioned on the wider end of the lot with a large side yard. We are requesting that we place the proposed pool in our side yard. _ Name of Applicant or Sponsor: Telephone: Sar- f�� E-Mail: �ar^ad,ap car c�&got Baal .e t a Address: (b y tj as a n -inn tru e City/PO: State: Zip Code: C k l_'�k a_m � 0�Izr 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? y acres f b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? S'arhe AS acres Sao.A+ Acr2$ 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑ Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, �y NO YES N/A OCT a.A permitted use under the zoning regulations? tl_2w X b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEA1c x 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban Z1 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? M NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? r If Yes,briefly describe: 'QNO❑YES q " 141 Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? C�EC�IU�® _7)4� If Yes,explain purpose and size: X Cd ! a .zu 19.Has the site of the proposed action or an adjoining property been the lt)p o a�t� c iv OFA closed NO YES solid waste management facility? �V 1111 IIJJ If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? -•--- -If_Y-es,-describe:-- -- .- -- -- I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor-name:_ Sa_r'oj+ 4�_p!30.s- Date: Signature: f Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" a .v "4v�r�t+�:� 4�i�vr+a n r •z �Ty A�yk 'S.t t:'�!-f•3t�t�`rT _3�`Ys.'ic �7.�� No,or Moderate 6 R 4 ..-roi "�„'.-!��;�'"�t✓('��'°"x".�%+`2e,; yit'�.�' ;�M'' :,;'yi;;,,- Y• t.. J�k,�et �' �"F.�,, �r: •' i .$nr,,+'i'4a;;q' '"��i.:tt j`, r�•ti4f+.S"'•R'S'viR�r '�r"• o '�-5:� ~ •' <`6',k',� V`F small to large yarT.'� .� l`•?`' �Y+j' t!. �,'"i cb'=;�t:9s`4 r'};"-. ...��rinint,.4i"YK ;,`Kf.• w `•S}'Y'.b •�" } e� !. w, 4. §i 5`�= �'I k,?�, ��,-�,;;;�'_•_.��,,��:.. >, t � ,T�=s��r; �;�;��?' ��'> t . �, �, impact impact a� �.�„�tFAfy,i �tJ"4 l}�.-.4if. ti.)}'• L_�'.�.�t K�' i' G• �, "��_ ��'�1�������- .r;.���,'����:;'- .� �•;`�;�^1`',;r;. ,��#•'� � � ^' �,' . may may v Y -�i �' :5 'z, ,' t3 s• , .%�y '; ' ;: i ,, .. .t occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 r - • V , ,- _ -,:.>_ c.=f�;:� „ .�1�3�=.�%�',:�_.�t_�_. No,or Moderate a�!}q'� small to large .�.� t ,�•'M1'�,., 'n,:�.r G.,;,.tA,y A..+r rwfri TYiJ. _ '' �:�;;,�,;�,.�;°'...s•�,r..b. �a:x�;....'�`'u impact impact p'- ®J1ld < a '•�•.�{-�i,'C" t'C .b. -fh t)>-•YFr..: ;71i -tri may may fVG I�OARD,UpA�?P ^`: ::€;' EsM=yi°�- occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail identify the impact,_includin�any measures or design elements that have.been-included by .- ___-- --__-_ _._.- -.--___ the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED OCT 2018 APPLICA OWNE TRANSACTIONAL DISC FORM ZONING SOAK)OF APPEALS 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 : SOL C'ah _+ Se at n "Tr (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit ------------- artatice X-----_..----- --- —Trustee-Permit---------- --------- --------- Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this /_7 day of OCf ,20 d Signature 2&A0,,e Print Name �PIVAH 4- 6-11--le, RECEIVE) -7 9� AGENT/REPRESENTATIVE OCT A 7 7018 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OFgppEALS 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 : d ""I /0� (Last name,first name,middle init' ,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance - -- - -- - -- -T`rastee-Permit Change of Zone, Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling, parent, or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitt4thisd y of Oct 20 /8__ SignatuPrint Ns Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM OCT 17 2018 A. INSTRUCTIONS —70NIfVG 130ARD OFAPPcALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 The Application has been submitted to(check appropriate response): Town Board D Planning Dept. E Building Dept. X Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 , construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit, approval, license,certification: Nature and extent of action: Excavate a hole to accommodate a 8'4" x 20' modular in ground pool in our side yard. The brand-of modular pool is called a Modp00% For further information on Modpools, please reference 8 pages of Modpoo/specs/information attached to both the Appendix B Short Environmental Assessment Form and the Applicant's Project Description Form. Ground prep in the hole will include either 8"of compacted gravel or a concrete slab. Once the pool is in place,two service connections are required: 1) natural gas/propane(for heat)and 2) a 40 amp electric service and designated ground wire. We are not able to meet the code requirements to place the pool in our rear yard because we do not have a rear yard. The lot is shaped like a triangle. Our home is positioned on the wider end of the lot with a large side yard. We are requesting that we place the proposed pool in our side yard. Location of action: 1 ) �-.- 4Ge.t,l VJq„-I--eJ's e-Occd 6-0 -r-� OQ to, Py 11 q3,j Site acreage: a y CeC- -e-5 RECEIVE© Present land use: r-e,5 en`fi a l l o5 j Q) 14 60 OCT 17 2018 Present zoning classification: P`'z(-0 ZONING BOARD OF APPEALS 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: 'Glia CQCkd (b) Mailing address: 10 q &J c,,S k,n a n Ck a7'Y,Gsrn . �. Co q� (c) Telephone number: Area Code( ) 7 r] e�'-7 - y 14 q g' (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No© If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable-please explain) RECEIVED OCT 17 2018 ZONING BOAR®OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, ar, l-' residing at O y (Print property owner' ame) (Mailing Address) Cka+' a-m/ �J�s do hereby authorize L I i t1 of (Agent) C(x-sf�j Ca nSf-r o c, 'on to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. a (Owner's Signa ) Sal A N 11�. -11- 6r-n e (Print Owner's Name) FORM NO. 4 TOWN OF SOUTHOLD RECEZVED BUILDING DEPARTMENT OCT j 7 Zola Town Clerk's Office Southold, N. Y. Z1111ING BOAR®®FAppEAL'5 Certificate Of Occupancy No. . .Z5964. . . . . . . . . Date . . . . . . . . . . . . . une .�' . . . . . . .. THIS CERTIFIES that the building located at . . 14YW .tPrs .Road. . . . . . . . . Street Map No. _ . Block No. . . . . . . . . . .Lot No. . . O i Cu ek�o u� I Y conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . .�Ia.r . . 1. . . ., 19. Fid pursuant to which Building Permit No. . 199N,. dated . . . . . . . . . . . . . . . . . . . . . . .. 19. . 3, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . I rivate one family d.ve ll.inlg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . .Omer. . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . �: .9. UNDERWRITERS CERTIFICATE No. N*.R t .M3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . AM_ _ Street . . . . .! aft J_l ��x�, z�c�ad. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector FORM NO. 4 TOWN OF SOUTHOLD f��C�yV�® BUILDING DEPARTMENT Town Clerk's Office OCT A 2 fiv Southold, N. Y. _ -- ZONING BOARD OF APPEALS S Certificate Of Occupancy No. ?fir' ' . . . . . . Date . . . . . . . . . . . Niru. . ° . . . . . . . .. 19-77, THIS CERTIFIES that the building located at . .Haywater.s .Road . . . . . . . . . Street Map NoPPL.S.s t . Ft . . . Block No. . . . . . . . . . .Lot No, .306. . . . . . QutchoguQ. N4Yp. . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . .Qct . .17. . ., 1975. . pursuant to which Building Permit No. .1830-37 . dated . . . . . . . Nov.. :1.7. . . . . . . . ., 19 7 5 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Pxa,Vae one , 'am� �x.aprqll�pg. u� 3. .��?.acd �.or�. . . . . . . . . . . . . . . . . . The certificate is issued to .Q,�:iherine .TA)zchman . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval W+xl... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. N-11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . . .1.1.75. . . . Street . . Haywa.ters. Poad. . . . .Cutcho&ue. . . . . . . Building Inspector TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATEJIIne 6, 1963 Appeal No. 575 Dated May 23, 1963 ACTION OF =, ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD George Ahlers, A/c Catherine Ruschman TO Eugene's Road Appellant Cutchogue, New York at a meeting of the Zoning Board of Appeals on Thursday, June 6, 1963 the appeal RECEIVED was considered and the action indicated below was taken an your r 1 Request for varlaneq due to lack of access to property OCT A 1 2w (M Request for a spell exception under the Zoning Ordinance i� ( ) Request for a variance to the Zoning Ordinance ZONING BOARD OF APPt:ALS 1. SPEWAL EXCEPTION_ By resolution of the Board it was determined that a special exception W be granted ( ) be denied pursuant to Article III_ —Section 30G ,_ Subsection _ paragraph ,__._..+....__ of the Zoning Ordinance, and the decision of the Building Inspector (X) be reversed ( ) be confirmed because; After investigation and inspection the Board finds that this application for a rehearing to reduce the front yard setback to approximately 30 feet on a corner lot should be granted because the road line'is undetermined. The exact location of the road line has never been established and to determine the exact line it would be necessary to have a boundary line agreement between the Town of Southold, the owner of the lot in question and the owners of property on the opposite'side of the street. it is the opinion of the Board that this would be impractical and an unnecessary hardship to all concerned. (OVER) 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because (b) The bardship created (is) (is not) unique and (would) (would not) be shared by all properties alike In the hamediate vicinity of this property and in the same use district because (c) The vaVauce (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because r and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of Building Ins ector ( ) be confirmed ( ) be reversed. ; 1 Ppb I t 4cEa ONING BOARD OF APPEALS FORM ZB4 udith T. Boken, Secretary (Continued frc.:.. Front) This is an unusual shaped lot, and for a house to meet the DECEIVE® setback requirements only about one-third of the house is usable for building purposes. OCT 1 s3C18 The Board finds that: thepublic convenience and welfare and 11 justice will be served and the legally established or permitted ZONING BOARD OF APPEALS use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Therefore it was RESOLVED that George Ahlers, a/c Catherine Ruschman be granted permission to reduce•present front yard setback from 35 feet to approximately 30 feet on Lot No. 306, Nassau Point Club Properties, Inc., Cutchogue, New York. * x � 5 8:15 P.M. (E.D.S.T.), upon application of Heorge Ah3e rs, a/c Catherine Ruschman, Eugene's Road, Cutchogue; New York, for a special exception in accordance with the Zoning -ordinance, Article III, Section 306, for a rehearing upon the denial of the Board of Appeals to reduce present front yard setback from 35 feet to 30 feet. Location of property: Lot No. 306 on map- of Nassau Point Club Properties, Inc., Cutchogue, New York, bounded north by Edward Kelley, east by Arthur Schwarz, south by Old Cove Road and west by Haywaters Road. IX y TOWN OF SOUTHOLD,NEW YORK AMON OF THE ZONING BOARD OF APPEAIS DATE May 9,_1963 Appeal 1~0.562 Dated April 25, 1963 RECEIVED ACMON OF Tl*.' ZONING BOARD OF APP.EAIS OF THE TOW,v OF SOUTlHOLD OCT � aq George Ahlers, a/c Catherine Ruschman BB _-20,8 To Eugenes Road Appellant cutchogue, New York ZONING BOARD OFpp��A at a mectlrg of the Zoning Board of Appeals on Thursday, May 9, 1963 the appeal was considered and the action indicated below was taken on your ) Request for.variance'due to lack of access to property (X) Request for a special exception under the Zoning Ordinance Request for a variance to the Zoning Ordinance r ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted (X) be denied pursuant to Article III Section 306,_,,,, subsection _. paragraph --- of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed (X) be confirmed because z After investigation and inspection the Board finds no basis for granting this application for a special exception. The applicant has not proven a hardship in this case.' A financial hardship or self-imposed hardship are not reasons legally for granting a special exception. The applicant erected this house 3 feett closer to the front line than permitted under the Zoning Ordinance and he neglected to con- firm the location of the monuments with the surveyor. The Board does agree that this would not substantially change the character of the neighborhood, but strict application of the (OVER) 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would)(would not) produce practical difficulties or unnec- essary hardship because (o) The harddiip created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and In the same use district because (c) The var?once (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the .character of the district because and therefore, It was further determdned that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed { ) be reversed. APri:;,'; FORM ZB4 PIJU NINOdith T. Boken, Secretary RECEIVEp (Continued .from front) OCT ^2®18 ZONING BOARD®FAPPEALS Ordinance would not produce practical difficulties or unnecessary hardship, and the hardship created is not unique and,would be shared by all properties alike in the immediate vicinity of this property and in the same usp dist#ct. Therefore it was RESOLVED that George Ahlers, a/c Catherine Ruschman be denied permission to reduce front yard setback to 32 feet on Lot No. 306, Nassau Point Club Properties, Inc., corner of 0ld Cove Road and Haywaters Road,cutchogue, New York. 8:30 p.M. (E.D.s.T.), upon application _of George Ahlers, a/c Catherine Ruschmari, for a special exception in accordance with the Zoning ordinance, Article III, Section 306, for permission to reduce front yard setback to 32 feet. Location of property: Lot No. 306, on Map of Nassau Point Club Properties, Inc., Cutchogue, New York, bounded north by Edward Kelley, east by Arthur Schwarz, south by Old Cove Road, and west by Haywaters Road. . tu. � 1 i.O, r - x - a: 4 :L' -`moi:' yy'��__'�� �f`, +4i��" ,�I� .."R •��'Y y{4._'.- '�, .'� X ::5�; * r;h.. - v'ice.,, � yr,�� r'.:+n¢' n 'M - •�"'�.'r'-.,� � r �� 414 f * "FK1 n.}`t -�:l" i.'"t,1�: `• 4'• �1��'. '�'a. t)�. �' {i i. ' -'„ .. . -^ .. '!!�, .yam a ,�.c r +16� " _ 7.'T §•.,V, Aw airJ. 4l k e <r h a• � APsar - � ♦ �� , �f' < "6r iii-. •!���.,7R - �, ri � i f. ''� - ML 4 ZONING r• �`• ��(;. t ay `id .'� � 'Vita` `�"L •l z. j7 iy.,j. `S.• # ♦ P orf s� i r� � '�R� 7• �$r^ •4 f r+ - A � � `"-~-•� .— ' _.. •tom 1 ;.r.+ r +r• • BOARD OF APPbiLZ rx-kY•! _ r+ •t. ♦•1 i3 7_ 'rte s a... i � �• t } _ •moi �y"t d. :,� `t`p ��, `�+y.� ��;�r�, - i f. , 14 Ok ,n. T • •♦ i i - 11 i • 1 UUTt4 �ST (S t y1 ISIVED9 OCT1 TIM ZONING BOARD OF APPEALS 'SOWN OF'.,SOUTHOLD •PROPERTY ,RECOR;D- CARD ; WNER .k STREET ��� VILLAGE DIST. SUB. LOT -' Y/re, r FORMEI,OWNE > :�� -•� f N E ACR. '!5 I �� <03y7 S W TYPE OF BUILDING, , rrl RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value � \ � >- tea• � �D IMP. TOTAL DATE REMARKS lei 6 /9v///c✓ot-w Xo el re, ��� e'� "e..d #83 f P�/3m20oWows 0 .5" 0/ a2 U , FARM Acre Value Per alue &pe- Acre /'1 Til 1 Tillable 2 Tillable 3 ry� Woodland Swampland , FRONTAGE ON WATER Brushland ® FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK t * 7{ UA wit , 011 . s ■■■■■■■ ■■■■■■■■■■■■■■■■■■■ W. ■■■■■■■■I�■■■■■�Z■■■■■■■■■■■■ kJ i bit" M MENEM A ' ! ., F41g'91T!5 PIN ' No MEN ■■■■■■■■■■■■■■■■■■■ .r . • _ • __ • Interior NINE .. • r Room' s 1 st Floor M�Te�creation &oom, Rooms 2nd Floor N�Priveway - r ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ® �,°� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: October 19, 2018 RE: Zoning Appeal No. 7246 Transmitted herewith is Zoning Appeals No. 7246 for.Sarah Apgar: The Application to the Southold Town Zoning Board of Appeals ,/ Applicant's Project Description Questionnaire Agricultural Data Statement _Short Environmental Assessment Form _,,Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form �Notice(s) of Disapproval _,LBoard of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) ��Misc. Paperwork-MV(, -aCc �,� Town of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/19/18 Receipt#: 249191 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7246 $50000 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#382 $50000 Apgar, Sarah Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Apgar, Sarah 104 Washington Ave Chatham, NJ 07928 Clerk ID: JENNIFER Internal ID:7246 Angelo J. Mangia 1740 Vanston Road Cutchogue, NY 11935 ® fes AP a ? February 13, 2019 Mr. & Mrs. Sean Apgar 104 Washington Avenue Chatham, NJ 07928 Re: Your home at 1175 Haywaters Road Dear Sarah and Sean, I received your correspondence today regarding your application for a variance in connection with the in-ground pool you wish to construct. Sean had previously mentioned your desire to install a pool. I fully support your application. You have already beautified both the home and the landscaping on the property in just a short time, and it's a pleasure to have such a fine family as neighbors. I'm sure the improvements that you intend to make will only serve to continue to beautify the property and enhance your enjoyment of the property for years to come. All the best, Sean &Sarah Apgar 104 Washington Avenue Chatham, New Jersey 07928 973.787.4498 February 11, 2019 MAR 14 2019 Aaron and Thelma Novick PO Box 154 : Cutchogue, NY 11935 Property 111.-3-8 Dear Aaron and Thelma, Please be advised that we have made a formal application to the Town of Southold for a variance from the requirements of the zoning regulations as they apply to our property at 1175 Haywaters Road, Cutchogue, NY 11935. It is our intent to ask the Town to allow us to install an 8' x 20' inground swimming pool in the side yard on the aforementioned property. In order to provide you with an opportunity to become fully aware of our intention, you are welcome attend the pubic hearing of our variance request on Thursday, March 14, 2019 at 10:00 am. Additionally, we have also enclosed the formal legal notice regarding this hearing from the Town of Southold Zoning Board of Appeals, as well as a site plan of the proposed pool. We are hopeful that we will receive approval from the Town so that we can continue beautifying our. property, as well as enhance the neighborhood as as whole'. Thank you for your time. Your neighbors, Sarah and Sean Apgar -� l t BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �0`� �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �i'�C®� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809®Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 14, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 14, 2019: 10:00 A.M. — SEAN AND SARAH APGAR #7246 - Request for a Variance under Article IV, Section 280-15 and the Building Inspector's August 17, 2018, Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool, at; 1) located in other than the code required rear yard; at: 1175 Haywaters Road, Cutchogue, NY. SCTM# 1000-111-4-11. 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: kimf@southoldtownny.gov. Dated: February 21, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 _JNING 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: http-Hsouthtown.northfork.net February 14 , 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, March 14, 2019 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 February 25th: 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 March 4th: 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 March 6th: 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 March 12, 2019. 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK �� � AFFIDAVIT OF In the Matter of the Application of MAILINGS Ja,l\aA (Name o Applicants) S CTM Parcel# 1000- / I- '/—1 J. COUNTY OF SUFFOLK STATE OF NEW YORK I, J'a r a.h /V9a(- residing at // 7.5— 1-1-a wa ms's 2oq,5,1, Curd,v�v-e New York, being duly sworn, deposes and says that: On the //'day of F�hrv��y , 20/9, I_personally mailed at the United States Post Office in /W aol.'son ,.NaWViik, 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 (v)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 thea plicant's property. (Signature) Sworn to before me this 1-1""day of (�b,r,r�� , 20 71ary Public) 'y PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. :r r,I a 71 �, +' � SC bl! ,(M y.�14 nJ ;l. /9s xQ� od PAID U. PIC FC LETTER olVxo90d�o'_oN_3dVJ?ueJaa�JS MADISON, NJ �7 �S��?A O 9SI olJuag �' FEB�1 19 $ Q� u—Eas—Es AMIDUf�T '-WsE—v Ea iI b TOO/I I/ZI I 'a8 s' Puy:86eisod 11101 6-' 1000111 -IT 6.85 Y'! $ 11935 03 R23038104348-05 u(� e6e)sod W �� O fLanllaO Paloulsay eJnyeu61s IIePV❑ $ Painbay em5eu61s III ajaH 1-il I $ AenIIsO Peloulsakf I eW Pe�yeO❑ O HitWlsod ICI CI $ (3No4oala)ydieosa u,n3ey❑ p • nfa $ (6doopm4)ydlaoay wniay❑ ( $ ,/-5 ��I '4 (a7da8eat PPe xogHoa4o)saa�,g saolAia31 '�. 1 �` � J / 5 n _ p ,F a IOW Pel)Iy5e0 V' - [[,��p ^nil .p//_'SL' (� 0_41•/-/J nil •V V "SIL _ 41r1'j LLI U-I L 13-31 .� a E a Ok ra R r- n n 3i e r-°G,..._ .Pv a °..a-. C,a E..+ Y _ `Sv� AaRn' � ii3 �3�L 825 lSH 2��4 0797-8201-334 07 s s0. �''-. 1 1 1593E135;1j145'33333537359�a3�S359355� 5i 935 sp3534B53Si57435334 ) i STC Proof of Delivery Dear Customer, This notice serves as proof of delivery for the shipment listed below. Tracking Number Weight 1Z1R049F4257740786 0.10 LBS Service Shipped / Billed On UPS Ground 02/22/2019 Additional Information Signature Required RceiedDelivered On By 02/26/2019 12:09 RM. CFUSCO Delivered To Left At CUTCHOGUE, NY, US Residential Thank you for giving us this opportunity to serve you. Details are only available for shipments delivered within the last 120 days. Please print for your records if you require this information after 120 days. Sincerely, \ UPS Tracking results provided by UPS: 02/27/2019 10:44 A.M. EST i i SARAH APGAR 1 LBS 1 OF 1 i (973) 787-4498 SHP WT: 1 LBS 104 WASHINGTON AVE DATE: 22 FEB 2019 1 CHATHAM NJ 07928 SH I P 1560 VANSTON RD LLC TO : 1560 VANSTON RD CUT NY 1104615 ANEL 1 I s AV- ♦ sss sss •s •% A • •sa%% UPS GROUND TRACKING # ; 1Z 1R0 49F 42 5774 0786 i I I , I , BILLING: P/P SIGNATURE REGU I RED- i ISM 13.88M ZZP 460 ®9.5U 81x'2819 (9- ,I=I—!;,vY 1.._ ZEN61E.R.-. 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Article Number ? ; ctry scare;ZIP+ ----------�-x--- ---- 4� -- ------------------------------------- (Transfer from service label ' I ; �'(>T C �E7 PS Form 3811,July 2013 Domestic Return Receipt ADDRESS / PROPERTY # COMMUNICATION STATUS (Supporting Documentation Attachedl 1560 Vanston Road LLC 1st Attempt via Cert Mail/Return Receipt was Returned noting "Return to Sender. Not Deliverable as Addressed. Unable to Forward." PO Box 561 2nd Attempt via UPS Ground with Signature Required to physical address(vs PO Box)was SUCCESSFUL. Cutchogue, NY 11935 operty 1 -10 William Vogel Certified Mail / Return Receipt was Successful 1765 Vanston Road PO Box 1152 Cutchogue, NY 11935 Pr Ange o J. Mangia Certified Mail / Return Receipt was Successful 1740 Vanston Road Cutchogue, NY 11935 Property 111.-3-9 Gerald and Dor o . Wansor Certified Mail / Return Receipt was Successful PO Cutchogue, NY 11935 Property 111.4-12 James McCarthy Certified Mail / Return Receipt was Successful 838 Pelhamdale Avenue Apartment 211 New Rochelle, NY 10801 Property 111.4-4 Aaron and Thelma Novick Certified Mail / Return Receipt was Successful PO Box 154 Cutchogue, NY 11935 Property 111.-3-8 t TOWN OF SOUTHOLD n vvL ZONING BOARD OF APPEALS J�' SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) i Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel 41000- /// -Y-//. COUNTY OF SUFFOLK) STATE OF NEW YORK) I, cl a r'Q,6 /9P, residing at 7 CyW a?4cl-S / "c/ bfC Cu11 f C o�c✓e_ ,New York, being duly sworn, depose and say that: On the day of Fe b r v a , 201 g ,Ipersonally placed the Town's Official Poster,with the date of hearing dd 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 Th v,-Y,Pe, c,( / 2019 (Si nature) Sworn to before me this ZJ f4Day of r--r b e-- , 2017 - tary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. Sakarellos, Elizabeth From: Sakarellos, Elizabeth Sent: Wednesday, August 29, 2018 11:21 AM To: 'sarah apgar' Subject: RE:Your question Attachments: Sarah Apgar.pdf Attached are two prior variances for the property. You will need to include copies of them with the application.There is an agricultural data statement which you will fill out the top part of it and sign at the bottom.You are not within 500 feet of an AG property but still need to fill it out and submit with the application. As far as the survey, we do not accept hand drawn items on it. For example you are saying that the hot tub is no longer there and the deck is now an on grade patio.A surveyor has to make the changes as well as put the proposed pool on. The best way to go about this is to have a new survey done showing exactly what is on the property. Since you are telling me that things are shown on the 2001 survey that are not there it is no longer a current survey. Is the shed still there? Mr. Metzger will make all the changes and additions. Thank you, From: sarah apgar<sarahapgar@hotmail.com> Sent:Wednesday, August 29, 2018 10:31 AM To: Sakarellos, Elizabeth <elizabeth.sakarellos@town.southold.ny.us> Subject: Re: Your question Hi Elizabeth- Thanks so much for you note. Really appreciate your direction! We received a Variance Application packet yesterday so we're all set with that... my question regarding the survey was in relation to the date of our survey. We understand that we need to make a much more formal rendition of the pool with set backs, size, location, etc to apply for a variance.... I just wanted to make sure that we could make all of those more detailed notations on the current survey that we have - dated 2001. Or, if we had to have a surveyor create an brand new survey. Nothing has changed on the property since the 2001 survey except that it notes a hot tub where one doesn't exist and that the wood deck is now a paved patio. Otherwise the 2001 survey depicts the property accurately. I know that sometimes emails are hard to understand especially when someone like me who's new to the process is trying to ask the questions- so I'm sure that I'm just confusing things :-) but just want to make sure that I have all of my ducks in a row! :-) Feel free to buzz me at 973.787.4498 if you want to chat in person. Thank you! Sarah On Aug 29, 2018, at 9:08 AM, Sakarellos, Elizabeth <elizabeth.sakarellosQtown.southold.ny.us>wrote: Hi Sara, 1 My name is Elizabeth and I am in the Zoning Board of Appeals office.John forwarded your email to me. I took a look at the Notice of Disapproval from the Building Department and the paperwork you submitted to them.The Zoning Board cannot accept the old survey with the hand drawn proposed pool. In order to apply to us you will need to get a new survey showing the proposed pool, it's location,the size of it and all the setbacks. The application can be found on the Town's website under forms for Zoning Board of Appeals. Please feel free to call the office if you have any questions. Thank you, -----Original Message----- From: sarah apgar<sarahapgar@hotmail.com> Sent: Tuesday,August 28, 2018 3:15 PM To:Jarski,John <io� hni@southoldtownny.gov> Subject:Thank You &Quick Question Hi John, Thank you for taking time out of your day today to provide direction regarding our pool variance request at 1175 Haywaters/Cutchogue. Had a quick question regarding the survey that we worked off of in your office -it's dated February 15, 2001. Is it current enough? Thank you for your help, Sarah Apgar Sent from my Whone 2 To: Southold Town Board of Appeals From: Sarah Apgar Re: Certified Mail / Return Receipt Documentation for Variance Relating to 1175 Ha waters Road, Cutchogue, NY Date: March 11, 2019 Attached please find the Certified Mail / Return Receipt Documentation for William Vogel (Property 111.-6-1) and Angelo J. Mangia (Property 111.3-9). 1 accidentally left this attached sheet in our photocopy machine when making copies of the affidavit packet that was sent to your office via UPS Priority Mail on March 1, 2019. Please accept my apologies for my oversight, and kindly include this documentation in our file for our hearing our March 14, 2019. Thank you for your time. d r _ o • ■ Complete items 1,2,and 3.Also complete Al. gnature item 4 if Restricted Delivery is desired. X ' K/ ❑Agent i ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed N C. Date of elivery ■ Attach this card to the back of the mailpiece, G 4 or on the front if space permits. - _— D. Is delivery address different from ite Y' f' rst 1. Article Addressed to: If YES,enter delivery address be] o' np tQ V�J l Vll� Y i Da., ru ; ` ea $SX01 3. Service Type elfled Mall' , " i%•_. e. 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Article Number ❑Adult signature ReWcted Delivery$ + (Transfer from service label) Postage $0.55 PS Form 3811,July 2013 Domestic Return Receipt I � Total Postage and F as 012/11/2019 6.85 � Sent To sl„ JQ �'^ Cf S-ireei andApt.No., FP BoxGfJo.-----I----------- 0 -------------- Cdy,State,ZIP+4 �rU•��� � �� !f, �� i4uTlk . E CoF HEAR'1 ,4u The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : APGAR , SARAH # 7246 SCTM # : 1 000- 1 11 -4- 1 1 VARIANCE : LOCATION REQUEST: IN -GROUND SWIMMIN POOL DATE : THURS . , MARCH '14, 2019 100000 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 #0002314620 l'( STATE OF NEW YORK) )SS: ,pj Iq 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 weeks(s),successfully commencing on 02/21/2019 Principal Clerk ID Sworn to before me this day of ®RISTTIMA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Qualified in Suffolk Counfy My Commission Explies{February go,2020 r J TYPESET- Fri Feb 15 15:27:26 EST 2019 ` Inspector's September 26, 2018, Notice of LESLIE KANES WEISMAN, LEGAL NOTICE Disapproval based on an application to legal- CHAIRPERSON SOUTHOLD TOWN ZONING BOARD ize an"as built"accessory deck and construct BY:Kim E.Fuentes OF APPEALS a roof over,at;l)accessory structure does not 54375 Main Road(Office Location) THURSDAY,MARCH 14,2019 constitute a permitted principle use on a resi- 53095 Main Road(Mailing/USPS) PUBLIC HEARINGS dential parcel;at:5550 New Suffolk Avenue, P.O.Box 1179 NOTICE IS HEREBY GIVEN,pursuant to (Adj. to Deep Hole Creek) Mattituck, NY. Southold,NY 11971-0959 Section 267 of the Town Law and Town Code SCTM#1000-115-10-5. 2314620 Chapter 280(Zoning),Town of Southold,the 1:00 P.M. - WALSH PARK BENEV- following public hearings will be held by the OLENT CORPORATION (TOWN OF SOUTHOLD TOWN ZONING BOARD OF SOUTHOLD,OWNER)#7252 Request for APPEALS at the Town Hall,53095 Main Variances under Article XI,Section 280-48 Road, Southold, New York on (C)(3)(c)and(f);and the Building Inspector's THURSDAY,MARCH 14,2019. August 21, 2018, Notice of Disapproval 9:30 A.M.-RONALD COONS#7244 Re- based on an application to alter a second floor quest for Variances under Article III,Section of an existing building to include six(6)ac- 280-15,Article=11,Section 280-124;and cessory apartment units;at: 1)proposed ac- the Building Inspector's September 27,2018, cessory apartments are more than the maxi- Notice of Disapproval based on an applica- mum of three(3)apartments allowed to be tion for a permit to demolish an existing created or maintained in any single structure; dwelling and construct a new single family 2)accessory apartments will exceed 40010 of dwelling,at; 1)less than the code required the livable floor area of the existing dwelling minimum front yard setback of 35 feet,2)less unit;at:544 Hound Lane,(Fox Lane,Adj.to than the code required minimum rear yard Long Island Sound) Fishers Island, NY. setback of 35 feet;3)an existing shed located SCI7M#1000-12-1-4.4. in other than the code required rear yard;at: 1:15 P.M. - ALEX FRIEDMAN#7253 - 5206 Great Peconic Bay Blvd.,Laurel,NY. Request for a Variance under Article XXIII, SCTM#1000-128-2-21. Section 280-124 and the Building Inspector's 9:45 A.M. - JO ELLEN CORTAPASSO October 29, 2018, Notice of Disapproval #7245-Request for Variances under Article based on an application to construct additions XXIII,Section 280-124 and the Building In- and alterations to an existing single family spector's August 10, 2018, Notice of Dis- dwelling,at; 1)less than the code required approval based on an application for a permit minimum front yard setback of 40feet;at:350 to construct additions and alterations to an MacDonalds Road,(Adj.to Brushes Creek) existing single family dwelling, at; 1) less Laurel,NY.SCI'M#1000-145.-4-14.1. than the code required minimum front yard 1:30 P.M. - MMC REALTY 2 FAMILY setback of 35 feet,2)less than the code re- LIMITED PARTNERSHIP#7221=(Ad- quired minimum rear yard setback of 35 feet; joumed from December 6,2018)Request for at:4830 Peconic Bay Boulevard,Laurel,NY. a Variance from Article III,Section 280-13A SCI'M#1000-128-4-13. and the Building Inspector's June 12,2018, 10:00 A.M.-SARAH APGAR#7246-Re- Notice of Disapproval based on an applica- quest for a Variance under Article IV,Section tion to legalize"as built" alterations to an 280-15 and the Building Inspector's August accessory building,at;1)more than the code 17,2018,Notice of Disapproval based on an permitted one dwelling on each lot;the pro- application for a permit to construct an in- posed construction constitutes a second ground swimming pool,at;1)located in other dwelling unit in the accessory building;at: than the code required rear yard; at: 1175 7625 Nassau Point Road, (Adj. to Little Haywaters Road, Cutchogue, NY. Peconic Bay) Cutchogue, NY SCTM# SCTM#1000-111-4-11. 1000-118-4-4. 10:15 A.M. - DOUGLAS ROBALINO 1:45 P.M.-OLDE COLONIAL PLACE, #7247-Request for a Variance under Article LLC#7248-Request for an interpretation XXIII,Section 280-124 and the Building In- pursuant to Article X,Section 280-46 of the J spector's October 2, 2018, Notice of Dis- Town Code,as to whether 20,000 square feet / approval based on an application to legalize of property is required for each principal use "as built" demolition and proposed recon- (4)in accordance with the Building Inspec- struction of the existing single family tor's October 5,2018 Notice of Disapproval dwelling,at; 1)less than the code required stating that the proposed use(s),as applied for, minimum front yard setback of 40 feet;at: is not permitted in the Hamlet Business(HB) 1695 Bay Avenue,(Adj.to Marion Lake)East Zoning District;property located at:615 Pike Marion,NY.SCTM#1000-31-9-21.1. Street,Mattituck,SCTM#1000-140-2-21. 10:30 A.M.-ERICA LEV AND ZACH- 2:00 P.M. -WILLIAM A.PENNEY,IH ARY LEV#7249SE-Request for a Special AND SUKRU ILGIN(CV)(SOUTHOLD Exception under Article III, Section 280- GAS STATION)#6839—(Adj.from January 13B(13).The Applicants are the owners of 17,2019)Request for Special Exception un- subject property requesting authorization to der Article XI Section 280-48B(12)to con- create an Accessory Apartment in an existing stmct a gasoline service station with a conve- accessory structure,at, 1425 Paradise Point, nience store Located at 45450 County Road Southold,NY.SCTM#1000-81-2-4. 48(aka North Road,comer Young's Avenue) 11:00 A.M. AMY O'BRIEN, TRUSTEE Southold,NY.SCTM#1000-55-5-2.2 C/O FRANK A. UHLENDORF AND The Board of Appeals will hear all persons EDITH UHLENDORF TRUST #7250 - or their representatives,desiring to be heard at Request for a Variance under Article XXIII, each hearing,and/or desiring to submit writ- Section 280-124 and the Building Inspector's ten statements before the conclusion of each October 29, 2018, Notice of Disapproval hearing. Each hearing will not start earlier based on an application to legalize an existing than designated above.Files are available for deck addition to an under construction single review during regular business hours and family dwelling, at; 1) less than the code prior to the day of the hearing.If you have required minimum rear yard setback of 35 questions,please contact our office at,(631) feet;at 230 Landing Lane,Greenport,NY 765-1809,or by email: SC1'M#1000-43-4-8. kimf@southoldtownny.gov 11:15 A.M.-DOUGLAS AND LISA CAR- Dated:February 21,2019 LEN#7251-Request for a Variance under ZONING BOARD OF APPEALS Article IV,Section 280-17A and the Building BOARD MEMBERS ��Of SO(/��® Southold Town Hall Leslie Kanes Weisman,Chairperson �� 1p 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® aQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 April 2, 2019 Sarah Apgar 1175 Haywaters Road Cutchogue,NY 11935 Re: ZBA Application#7246, 1175 Haywaters Road, Cutchogue SCTM No. 1000-111-4-11 Dear Ms. Apgar; Transmitted for your records is a copy of the Board's March 28, 2019 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 the attached determination to the Building Department. If you have any questions, please call the office. Sincerely, �--4 ' Kim E. Fuentes Board Assistant Encl. cc: Building Dept. �) ------Imn ------ I A(c) --19A(c) 1 1pq'z 1 ®. 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NITHOUT MITTEN PERMISSION OF Tlifi ZIO 0 100 <00 REALPROPERTYTAXSEWCEAGENCY BOARD MEMBERS ®��®r- soy®l Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora = Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento y�OUNTY,� Snuthn1d NY 11 9:Z] RECEIVED http://southoldtownny.gov IF,14A q 3 -l'1 W ZONING BOARD OF APPEALS APR - 3 2019 TOWN OF SOUTHOLD e4��a 0, n Tel.(631)765-1809•Fax(631)765-9064 Sou old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 28, 2019 ZBA FILE: #7246 NAME OF APPLICANT: Sean and Sara Apgar PROPERTY LOCATION: 1175 Haywaters Road, Cutchogue,NY SCTM No. 1000-111-4-11 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and detennines 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 not required to be referred to the Suffolk County Department of Planning under Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 16,705 square foot parcel located in an R-40 Zoning District. The parcel is a triangular shape and measures 239.18 feet fronting Haywaters Road and 44 feet fronting Vanston Road along the southwesterly property line. The parcel measures 263.72 feet along the easterly property line, and measures 104.93 feet along the northerly property line. It is improved with a one story frame house and an accessory shed as shown on a survey prepared by John T. Metzger, LLS dated October 11, 2018. BASIS OF APPLICATION: Request for a Variance under Article IV, Section 280-15 and the Building Inspector's August 17, 2018, Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool, at; 1) located in other than the code required rear yard; at: 1175 Haywaters Road, Cutchogue, NY. SCTM#1000-111-4-11. RELIEF REQUESTED: The applicant requests a variance to install a 8.4 feet by 20 feet in ground swimming pool in a front yard where code requires swimming pools to be located in the rear yard. ADDITIONAL INFORMATION: Two letters of support by neighbors was submitted to the Board. Prior owners of the subject property received a ZBA variance for front yard setback relief in 1963 with Appeal No. 575. Page 2, March 28,2019 #7246,Apgar SCTM No. 1000-111-4-11 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 14, 2019 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family homes. Pools are characteristic of this neighborhood. The pool is proposed to exceed the required front yard setback for a dwelling in the R-40 zoning district. The applicant will use plantings to screen the view of the pool from the street. 2. Town Law X267-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 lot is long and narrow. The shape of the lot and the fact that it is shaped like a triangle that narrows as it gets closer to Vanston Road limits the code conforming rear yard location. The existing rear yard is too small for the applicant to place a swimming pool. 3. Town Law §267-b(3)(b)(3). The variance(s) granted herein is mathematically substantial, representing 100% relief from the code. However, the lot is irregularly shaped and the applicant cannot place the swimming pool in a code conforming location. 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 the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and to enable the applicant to enjoy the benefit of a swimming pool 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 Dantes, seconded by Member Lehnert, and duly carried, to GRANT the variance as applied for, and shown on the survey prepared by John T. Metzger, LLS, dated October 11, 2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install evergreen vegetation to screen the pool from the public roads 2. Pool mechanicals shall be placed in a sound deadening enclosure. 3. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3,March 28,2019 #7246,Apgar SCTM No. 1000-111-4-11 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson),Dantes,Planamento, Acampora and Lehnert. eslie Kanes Weisman, Chairperson Approved for filing /r /2019