Loading...
HomeMy WebLinkAbout7281 -1b�0 Ib d %yjl110 .jrn,�►'���1 � h - - -- 07 92 /D 1 t 1 � i i CY -72-81 CHECK BOXES AS COMPLETED ���✓ D n D O ( ) Tape this form t m °a. Q ( ) CD Pull ZBA copy of •`D N ( ) Check file boxes o `•"• ( ) Assign next nurr outside of file fc 3 - -o o � - w O w ( ) Date stamp enti �_71 3 C":) �: 0 CO 0 file number -a co 0 F 0 0) o ( ) Hole punch enti 3 z o (before sending o o °o a ( ) Create new indi m ( ) Print contact in o o ( ) Prepare transn, ( ) Send original al , to Town Clerk ( ) Note inside file 3 and tape to ins ( ) Copy County T neighbors and ( ) Make 7 copies N ( ) Do mailing lab °D ?-,If Ito i Pry Dr BOARD MEMBERS ��®F $®Ury® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 .� Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes iQ Town Annex/First Floor, Robert Lehnert,Jr. ®l 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOUNTY,�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS w- TOWN OF SOUTHOLD ,t 4 �;� M ( YYL Tel.(631)765-1809•Fax(631)765-9064 JUN 2 5 2019 FINDINGS, DELIBERATIONS AND DETERMINATIOa, n". MEETING OF JUNE 20, 2019 Soiai®Idown Clerk ZBA FILE#7281 NAME OF APPLICANT: David and Claudia Garofalo PROPERTY LOCATION: 7630 Main Bayview Road, Southold,NY SCTM No. 1000-87-5-16 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 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 February 20, 2019 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: 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. TOWN OF SOUTHOLD OFFICE OF ENGINEER: This application was referred for an evaluation and recommendation to the Office of the Engineer. In their letter dated January 31, 2019, the Engineer considered the as built deck to be de minimus in nature and determined that no further action be required for compliance with Chapter 236 of the Town Code. PROPERTY FACTS/DESCRIPTION: The property is a non-conforming 1.424-acre parcel located in an R-80 Zoning District. The parcel measures 115.82 feet along the northerly property line fronting Main Bayview Road, and measures 490.00 feet on the easterly property line bordering a 30 ft. private right of way. The parcel then turns to a half circle running 130.00 feet on the southerly property line and measures 321.22 feet on the westerly property line before turning north for 13.28 feet and again running an additional 150.06 feet on the easterly property line. A small portion of the West side of the property borders Koke Drive. The parcel is improved with a two-story frame residence, a frame garage, and an in-ground pool with an attached deck at grade. All is shown on a survey prepared by Angelo Joseph Cecere dated October 16, 2018. BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-15 and the Building Inspector's November 30, 2018 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory deck surrounding an existing accessory in-ground swimming pool; 1) located in other than the code required rear yard; at: 7630 Main Bayview Road, Southold,NY. SCTM#1000-87-5-16. Page 2,June 20,2019 #7281,Garofalo SCTM No. 1000-87-5-16 RELIEF REQUESTED: The applicant requests a variance to legalize an as-built deck in a non-conforming side yard location where code requires accessory structures be in a code conforming rear yard location. ADDITIONAL INFORMATION: The existing swimming pool has the benefit of ZBA variance #4610, dated October 15, 1998,to locate the accessory swimming pool in a non-conforming front yard area. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 6, 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 067-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 on large building lots. The subject at grade deck is built around the existing in ground pool which has the benefit of an area variance, and is well screened for privacy from the street 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant could have been achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could have built a code conforming on grade patio. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the property has two front yards and the as-built deck was built in the architectural rear yard where the pool is legally located. 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 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 adequate to enable the applicant to enjoy the benefit of an at grade deck around the 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 Weisman (Chairperson), and duly carried, to GRANT the variance as applied for, and shown on the survey prepared by Angelo Joseph Cecere, LLS, dated October 16, 2018; and architectural plans prepared by Nigel Robert Williamson Architect, dated November 16, 2018. Page 3, June 20,2019 #7281,Garofalo SCTM No 1000-87-5-16 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible 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. 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(3) 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. (5-0) r L- /�� -",\ a�( � Leslie Kanes Weisman Chairperson Approved for filingcj /q /2019 LEGAL NOTES. ®r c 3 j 1.COPYRIGHT 2018 ANGELOJ CECERE PROFESSIONAL LAND SURVEYING ALL RIGHTS RESERVED. Mq�> 10 2 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209,SUB-DIVISION 2,OF NEW YORK > STATEEDUCATIONLAW vq� 3 �,,, 3.ONLY BOUNDARYSURVEY MAPS WITHTHE SURVEYOR'S EMBOSSED SEAL ARE GENUINE TRUE AND CORRECT COPIES OFTHE SURVEYOR'S ORIGINAL WORK AND OPINION ppgN� ® `� NP ,f 4.CERTIFICATDNS ON THIS BOUNDARY SURVEY MAP SIGNIFY THATTHE MAP WAS PREPARED IN ACCORDANCE WITH THE CURRENT EXISTING CODE OF PRACTICE FOR LAND SURVEYS Ca 1•� �' rl ADOPTED BY THE NEW YORK STATE ASS°CIATIONOFPROFESSIONALLAN.SURVEYORS.INC.THECE.FICATIONISLIMITEDTOPERSONSFORWHOMTHEBOUNDARYSURVEYMAPIS �7i 9/w f �® ►A PREPARED.TO THETITLE COMPANY,TO THE GOVERNMENTAL AGENCY.AND TO THE LENDING INSTITUTION LISTED ON THIS BOUNDARY SURVEY MAP �/ ® ® 1 NI 0 0 S.THE CERTIFICATIONS HEREIN ARE NOTTRANSFERABLE {� �r Z z �Y ® v® a V� ®- eTHE LOCATION OF UNDERGROUND IMPROVEMENTS OR ENCROACHMENTS ARE NOT ALWAYS KNOWN AND OFTEN MUST BE ESTIMATED.IF ANY UNDERGROUND IMPROVEMENTS 0R w� 1t^w'1 t� ENCROACHMENTS EXIST OR ARE SHOWN,THE IMPROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY THIS SURVEY. ®�v 7.THE OFFSETS OR DIMENSIONS)SHOWN HEREON FROM THE STRUCTURES TO THF PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED Td 0 P r ® m pp GUIDE THE ERECTION OF FENCES,RETAINING WALLS,POOLS,PATIOS PLANING AREAS,ADDITIONS TO BUILDINGS,AND ANY OTHER TYPE OF CONSTRUCTION ® ® ® ' -- Y� :.COPIES°FTHISSURVEYMAP NOT BEARING THE LAND SURVEYOR'SINKED OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BEAVALID COPY O iR1.^n 9.PROPERTY CORNER MONUMENTS WERE NOT SET AS PART OF THIS SURVEY UNLESS OTHERWISE NOTEDr. W Ii9 iw o x ® °� o 08s 8g Z ® � � gg ; ®>' v to M � z� MIth > M o6 z1, - v � M f Z {, Mu)� a �� . _ o O ° w = I Z G z: Z; + "'d L 0-4 �® IT � � n _z wu0 "n � ;u ® LAND N/F MARIA MATTHEW&MANFRd ZAND � rn A 0 U) 0 U? N25°5fi150"E g w LAN®N/F EILEEN&GARY ZAKARIN PIPE FPdD. MOPI.FE9D. MON.FWD. 3.0E w� N24022'50"E ISO.05 1.1� O I O N WIRE FEPIC O Jg In o PIPE FUD. DD P - 'p Z �) 0 ° 4 ® no' 24.3 Z Z® ,St'7i w 1 O�Or O�1 m OM . 8.3 W i O 0 2 ST®RvA •n IIJ�f�I�I 3.0 1 D 24.3 p ll Ca ro p0n am . RES. � t #76 0 S.a ps3o lasoxa FRAME I O raJ VO VX covEOD CAOA I O O A O O N O GRAVEL DRIVEWAY O II D - ®�_a T P 0 �a 490.00 0 TSOtry� 1 Imo' • _ I_ - - - - - - - AS DRIVEWAY 30r WIDE PRIVATE RIGH'T" OF WAY LAND 14/F ANTHONY DANIEL,E C:\Users\Owner\OneDrive\AJC\7630 main bayview rd southold.dwg(SURVEY) Last Modified: Oct 21, 2018 Plotted by AJC SURVEY OF PROPERTY MAIN BAYVIEW ROAD SITUATE EDGE.FPAVENENT SOUTHOLD TOWN OFSOUTHOLD RECEIVEDssa°o3'10"E 715)921 SUFFOLK COUNTY,N.Y. D TAX MAP NO.:1000-087.05-016 8, 71r C!9 A 1000-078-07-049 AN % 20`3 p J LOT AREA:62,068.43 S.F.(1.424 ACRES) 2 N DATE SURVEYED:OCT.16,2018 rE ZONING BOARD OF AbPEF LS # SCALE:1 INCH=40 FEET a 40 o 20 40 So z € trt ) 4 .. EXISTING LOT COVERAGE: Z RESIDENCE. 1600 5 F. �o GARAGE 6805 F. Z W SHED 124 s F J N E E POOL: 506 5 F iV # DECK' 762S.F N " i € e TOTAL. 3672 S.F.(5.9%) w 2 GG Z� R E S64°03'10"E w SCTM NO.1000.07800-07.00-04900 `a 3 13.28 N64°03'10"W ° w 111 2� eo c Y c s ols SCM NO.1000.087.00.05 00.014400V El say 4 3� B 1€His; oLL 1 J e�=° 9�°X W r=3! gill Dec Z 1 j gayQ p@=BFu> S .m_ g . u ki;�til N DVERH W Z 22 R u<i9 &H HH Z Z ~54:3 — 1340 0� u �&iS Q N 'd IARBOR `f G°a Rim 43.0 E IL 3 �ur gi?u 6HCWER 03m LLCL z 60 i� m�L 234 ; f l28 m Gsp U ` u0 iSk66o5o�+` Q �15TORY ou w ,L SgoE '6°=&� a 4s.a' PST HUN z GAYS = ( IIIIII s IPNE O FRAt4E P1�IV� O GATE 1 1 _ N 7 O EpP z G - o O N s P OSOgg �'� N DECKAf o Z O GRADE 1 � eu s+NPoa ND 27.1' 1 � O - o O ANGELO JOSEPH CECERE ), V E PROFESSIONAL LAND SURVEYOR '-),AJ CZ 7LAND SURVEYING P L L C LAND SURVEYING &-PL.ANNING' 77 S.COLEMAN ROAD,CENT_EREACH,NYy 1'_1720 R-40 00 s ..PH9NE%631.846.9973 ,,C--EMAIL:AJC246@OPTONLINE.NET D r FINAL MAmr- EVIEWED BY ZBA SEE DECISION # Ae- 1,2�;-) 1 4ZECEri�E[� To C--R-I 7 e JAN 2 3 2019 M " • ELJ FINAL IMAP REVIEWED Y Z13A a z SEE ® oSl®N ".' DATED /—AD bo Com poseTE �j�GkING� f, a Y• _ A \ � 1 To GQADE cDy 4t m nkr 32-0" I+JGP-,PP®OL Z SA, V4610 C5 sp -S8944- 4' D„ 5yz, �l Ll La .43 _ :i -ro C,rRAi)I, h x To �2bb E I � 1 1-0 T) G--PAbe p RECEIV G 1JAN I � M !t ZONING BOARD OF APPEALS471 r T COMPOSITE DECGI�I 0 ;u 10 o -to cruze 18 3 I6 -o x 32-0 W&P—OU�D POOL g � o� S2 LL 0 r 29X 't- 4610 to/.�s f�S �' Z ISP 38941- a LL Lg or- 40 7o GRADE i Q 2 dd ci A I � M 7 PL� ,�1 1. y y 1 17 00, To Gibe M ' 1�-0 TO GP_ADE RECEIVED a r O Al l u •ZONXN • E DARD OF APPEALS 00 . � W TO G-PIAW5' T E GOM Pos TE DEC�ILI tJ G° 1 N M l ri, x To GeAbe w z Q ®® 1 �� 1 4 q ¢ • 32-o Jtic,PZW0 POOL g � 04 W -� COY) � r lo w $p * 38944- v 6 • *2" d' 5U �.I.. Lg of > 70 QQADE CD 1.1 05-r1`E ;P57 C;V A :2 ve Q a o A � PL.Arl� � L ��5 - Bvr LT- DEC k WUNTY OF SUFFOLK " flwtt" RECEIVED FEB 2 0 Steven Bellone ZONING BOAR©CF APPEALS SUFFOLK,COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment February 15, 2019 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 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 appear§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 K1"Arklan, Turkan #7279 ,,t-Garofalo, David& Claudia #7281 ,(,,Smith, Michael #7282 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 I bin�COTT A. RUSSELL ®� ®� JAMES A. RICHTER, R.A. ��rn�6 PERVISOR MICHAEL M. COLLINS, P.E. HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 �� k'jI'e12(31)-7 1560 �� ��` Fax (631)-765-9015 MICHAEL COLI S T WN SOUTHOLD NY US ®� ��® JAMIE RICHTERnTOWN SOUTHOLD NY US 728 RECEIVED OFFICE OF THE ENGINEER Ft 012019 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Leslie Kanes Weisman, Chairperson January 31, 2019 Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: ZBA# David & Claudia Garofalo SCTM#: 1000—87—05 - 16 Dear Mrs. Weisman: I have been contacted by your office to review an application for variance regarding the above referenced property for compliance with Town Code and more specifically Chapter 236 Stormwater Management. The property Site Plan has been prepared by the office of AJC Land Surveying PLLC last dated 10/16/18. This project involves an "as-built" deck that has been constructed at grade around an approved swimming pool. The original ZBA determination#4610 back in 1998 approved the location of the Pool. This determination also went further to require that any decking constructed around the pool must remain open to the sky. It appears that the existing pool deck surround never properly acquired a building permit back when the pool was constructed. At this time the Engineering Department would consider this Deck Surround to be de minimus and no further action would be required for compliance with Chapter 236. If you have any questions concerning this review please do not hesitate to contact my office. Sincerely, Jowl 2�'hter Jam s A. ichter, R.A. S FORM NO.3 TOWN OF SOUTHOLD DECEIVED BUII DING DEPARTMENT SOUTHOLD,N.Y. JAN 2 3 2099 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: November 30,2018 TO: David&Claudia Garofalo 7630 Main Road Southold,NY 11971 Please take notice that your application dated November 20, 2018 Far permit to legalize an"as built"accessory deck around an existing accessory swimming pool at Location of property:7630 Main Bavview Road, Southold,NY County Tax Map No. 1000—Section 87 Block 5 Lot 16 Is returned herewith and disapproved on the following grounds: The"as built"construction is not permitted pursuant to pursuant to Section 280-15 which states that accessory buildings shall be located in the required rear yard. The"as built"accessory deck is located in the front yard. Authorized Signature Cc:File,ZBA s � 1 L' Fee:$ Filed By: Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS 2�9� AREA VARIANCE JAN House No.74 3 Q Street/-/R/// 61qYV(C w Rd Hamlet S ct`1GIO I d ZONING BOARD OF APPEALS SCTM 1000 Section Block fJ Lot(s)_/6 Lot Size A Zone I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Vt L50�18 BASED ON SURVEY/SITE PLAN DATED /o/ Owners)• DAVID d ft AO b e ll C"q V-0)6_ v Mailing Address: 7G '�O W/j„t✓ 13*y v1C&,1 WC/ Telephone:ZY-76!�- '&?/ Fax: — Email: e0ot(Molfi( e Qo� Cvi� 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: 7(j4o ct-a. C-No cil",_ for Owner( )Other: Address: 5(o-La M_&. 'n K ()ct Telephone: - y 3o Fax(-71o� Email: pemc2ofr e,64 pe S •Gom Please check to specify who you wzslz rrespondence to be mailed to,from the above names: 1, Applicant/Owner(s), -( Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED "D / 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.) �C106 apolUr{k/ /�OD1« Article: ///,9 Section: /Vo”-30�°7 Subsection• Type of Appeal. An Appeal is made for: (v�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 ( )Reversa r Other A prior appeal ( has, ( ) has not been made at anv time with respect to this property, UNDER Appeal No(s). �1(n /D Year(s). (Please be sure to research before completing this question or call our office for assistance) Name of Owner. ZBA File# RECEIVED AREA VARIANCE REASONS FOR David& Claudia Garo alo: JAN 2 3 2019 (1) An undesirable change will not be produced in the CHARACTER of the neighbofbf fl8ra�jAPtYk%eptpEALS to nearby properties if granted,because: The lot is unique in that the house is located on a corner lot with two front yards and an adjacent parcel (1000-78-7-49) which has merged and the front yard of Main Bayview Road. The combined parcel has three front yards. The house is in the center of the parcel with conforming setbacks but the only rear yard area is not large enough to place the accessory swimming pool and surrounding deck in the rear yard. The subject deck surrounding the pool is at grade. In 1998 the pool received a variance. The Zoning Board concluded that the pool would not produce an undesirable change to the character of the neighborhood or detriment to nearby properties. The Board found that "the pool and deck are screened from Koke Drive, is not close to any neighbor, and is as a practical matter the rear yard".The deck which now surrounds the pool is screened from Koke Drive,is not close to neighbors,and as a practical matter is in the rear yard. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The deck was constructed by the owners when the pool was built and replaced in the last two years. The owner built the original deck,when it was replaced the contractor used trex boards(a more expensive material)and compliant with the building code. The owners were not aware that a stone patio does not require a building permit and therefore no variance. However, the deck is new,is preferred by the owners,and the owner would incur a financial hardship to remove it and replace it with a patio. The deck cost$12,000 and made of durable trex boards for longevity,removal of the deck would cost in labor and material and a new patio at grade in the identical location would not be desired by the owners. Had the owners been clearer to the Zoning Board in 1998 a deck would have been granted. (3) The amount of relief requested is not substantial because: As with the Board's findings in 1998,"in reality as the front yard,and a variance permitting construction of a pool in what is technically another front yard is not substantial". A deck would have been approved had the owner known to request it. In reading the transcript of the hearing in 1998 the Board tried to assist the owners,who were representing themselves,to address the issue of a deck or patio around the pool. It was clear from the minutes that the Board anticipated that the pool would have a surrounding structure such as a deck,however,the owners did not comprehend the issue and that they had to make clear to the Zoning Board what type of surface would be used to surround the pool and a simple diagram of the design of the deck. To the owner,deck and patio at grade were reasonable alternatives,and a decision as to which structure they would construct could be left to a later date. The Board did not realize that to the owner a variance for a deck should have been addressed at the same time as the pool application. In Southold Town the building department distinguishes between a deck on grade and the identically placed patio on grade. The "on grade" deck requires a variance but an "on grade" patio does not require a building permit or a variance. This is unique to Southold Town. Most homeowners are not aware of this distinction. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because:The deck is at grade and located well away from the property line. The deck will not result in storm water running beyond the property line. The deck around the pool is needed to keep the pool clean and provide a walkable surface. The size of the deck is reasonable. Less than 4feet on two sides for walking access around the pool and 8 feet and 9'81/2 feet on the east and south side as sitting areas. Away from neighbors and screened from view. f �� REc 1vEa JAPE 2 3 2019 ZONING BOARD OF APPEALS (5) Has the alleged difficulty been self-created? (X)Yes,or ( )No. The pool was constructed with a building permit in 1998 with a wood deck and fence. The permit was renewed many times(25312,32311,34923,36910,38944,42203). The original deck was rebuilt in the last two years. When the owners requested a final inspection for the pool they discovered that the deck required a variance. To close out the pool permit this variance for the deck around the pool is required. Are there Covenants and Restrictions concerning this land: No(please furnish cony). <iganature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) N� Sworn to before me this day of J ,20 . otary Publi BETSY A.PERKINS Notary Public, State of New York No.01 PE6130636 Oualified in Suffolk Coun( � Commission Expires July 18, { APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) REC Applicant:bAUIb 1<CWo jm CAPl-%&a Date Prepared: ] /`7 JAN 2 3, 2099 I. For Demolition of Existing Building Areas ZONING BOARD OF APPEALS Please describe areas being removed: II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to lop of ridge): Is basement or lowest floor area being constructed? If ye ,plea e 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: J Number of Floors and Changes WITH Alterations: 1V. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your-_nronerty: j e Proposed increase of building coverage: i, 7(p Square footage of your lot: Percentage of coverage of your lot by building area: , V. Purpose of New Construction: SJU P"r"oy a tw!jro--LLnjJ P&,c L 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 cgde requirement(s);_ _ ` - LP�M�_ _pe5 OroA INS �'_��_oy� �✓►� S --- Please submit seven(7) photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION JAN 2 3 2099 A. Is the subject premises listed on the real estate market for sale? ZONING BOARD OF APPEALS Yes y/ No B. Are there any proposals to change or alter land contours? V No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? NO 2.)Are those areas shown on the survey submitted with this application? IVo 3.) Is the property bulk headed between the wetlands area and the upland building area? Mo 4.)If your properly contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? iVo Please confirm status of your inquiry or application with the Trustees: /V//9 and if issued,please attach copies of permit with co ditions 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? li/p 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?-ilk—If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: QpM f)e otrn,t7 ��1�,%, csr pyryl cc_Ct�zor,� 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? e5 If yes,please label the proximity of your lands on your survey. I o-00- `7g- 7— L4 q I. Please list P r se t use or operations conducted at this parcel (I VA a- &)A1 C, re_ 1( /elvc e C W Iq1v_p and the proposed use�p(V hr t_ ��e 1e-91 d eAcC_ d� q- Q& (ex.existing single family,proposed.same with garage,pool or other) Authorize signature and Date BOARD MEMBERS Southold Town COD Leslie Kanes Weisman,Chairperson OF SU(/T�o 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �p 54375 Main Road(at Youngs Avenue) Nicholas Planamentocoum Southold,NY 11971 http://southoldtownny.gov ZONING BO�RD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 September 19,2018 Nigel Robert Williamson,Architect P.O. Box 1758 Southold,NY 11971 Re: De Minimus Request Denied,File#4610 Garofalo,7630 Main Bayview Road, Southold SCTM No. 1000-87-5-16 Dear Mr.Williamson; I am in receipt of your correspondence, dated September 13,2018,requesting a de minimus approval for an "as built"deck surrounding an accessory in-ground swimming pool, located in the applicant's front yard upon a parcel having three front yards. I reviewed your letter and the Zoning Board of Appeals determination No.4610,dated October 27, 1998, in which the applicant was granted relief for a"new accessory swimming pool-in the front yard area"subject to the condition that"construction and any decking shall be open to the sky". You further assert that a de minimus request for an"as-built"deck does not violate the intent of the variance with regard to the condition. In your letter you explain that,at the time this Board granted relief for the swimming pool in the front yard, your client had failed to ask for additional relief for a deck. In reviewing the entire file,I have found no reference or details relating to the request for a variance to build the deck,nor have I found any building permit to include any details of a deck as permitted construction. However, in the meeting"transcript of October 15, 1998,your client describes a proposed patio on one side of the swimming pool facing north towards the house, and in response to Board Member's questions,your client stated that no decking is proposed facing the two right-of-ways. Based upon the information provided,I have determined that the requested"as built"deck is not de minimus in nature because your request potentially increases the degree of-nonconformity and differs from a proposed patio described during the public hearing. Therefore,your client will be required to return to the Building Department to obtain a new Notice of Disapproval and then apply to the ZBA with a current survey or site plan prepared by a design professional for additional variance relief. A ct our office for any additional questions or concerns. eismanpDepartment Head CC: Michael Verity,Building Department H(P RECEIVED Nigel Robert Williamson SEP 17 2018 Architect P.O. Box 1758 ZONING BOARD OFAPPEALS Southold, NY 11971 Phone 631.834.9740 September 13,2018 Ms.Leslie Kanes Weisman,Chairwoman Cl " g pp Zoning Board of Appeals o Southold Town Annex 54375 Main Road Southold,NY 11971 Re• Garofalo residence 7630 Main Bayview Road Southold,NY. SCTM 1000-87-5-16 Dear Madam Chairwoman: My client Mr.Garofalo received a variance#4610 on 10/15/98 from the Zoning Board of Appeal for an accessory in-ground pool with a code compliant fence.At the time he failed to ask for a deck around the pool even though in the resolution there is a condition that the construction of any deck shall be open to the sky. On the l"of December,2017 my client applied for a building permit,issue#42203 for the in- ground nground pool and code compliant fence.During a fmal inspection for the pool the building inspector observed a deck surrounding the pool.The building department requires a building permit for the deck and requires a determination whether or not the deck needs a variance. I respectfully request a De minimus letter as I feel that the deck as-built with heights above grade as shown on the attached plan does not violate the intent of the variance with regards to the subject condition. I am submitting the following: 1. A copy of the building permit#42203. 2. A copy of the findings,deliberations and determination,Appl.No.4610 3. A copy of the survey submitted to the ZBA. 4. 3 pages of color photographs showing views A thru' F. 5. 2 copies of the deck plan showing dimensions and'height above grade. I trust that everything is in order.If additional information is required please do not hesitate to contact me.I thank you for your assistance in this matter. Your's faithfully, telRobertilliamson R.A. FORM NO. 4 �( TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall JAN 2 3 2019 Southold, N.Y. ZONING BOARD OF APPEALS PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-24831 Date JANUARY 9, 1997 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property, 1045 !CORS DRIVE SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 87 Block 5 Lot 16 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-24831 dated JANUARY 9, 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE The certificate is issued to MARY C HMXNS (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT Building Inspecto Rev. 1/81 C .li f LI11,NG DEPAR'fHEN'f TOWN OF SOin'1101.1) HOUSING CODE INSPECTION REPORT RECEIVES? LOCA'r10N: 1045 KOU DR. SomoLD, N.Y. -- _ ----- number A street mun c pal ty JAN 2, 3 2019 6110DIVISION --- —_MAP NO.- — LOT(a) NAME OF OWNER (a) JOHN CLEMENS 6 WIFE ZOMING BOARD OF APPEALS OCCUPANCY .._—SINGLE FAMILY rYPe `_-•--------_.....__.- nvner-tenant ADMITTED BY: DAVE GAROFALO ACCOMPANIED BY: -_ KEY AVATLADLK _-_ SUFF. .O- AR MAP.HO.-1000-87--5-16 SOURCE OF REQUEST:-- NARY CLEMENS -- --_-_- _-_•_ DATB: DEC. 2, 1996 UWEI,I.ING: TYPE OFTONSTRUCTION WOOD FRAME _ 1 STORIBS 2 1 ER ITS 3 FOUNDATION BRICK & BLOCS CELLAR___PART CRAWL SPACE TOTAL ROOMS, IST FI.R. 4 2ND FIX. 3 3RD FIX. BATHROOM (a) - ORE TOILET ROOM (a) _ ONE _ UTILITY ROOM PORCH TYPE SIDE ENCLOSED, SIDE COVERED DECK, TYPE PATIO BREEZEWAY � - - FIREPLACE GARAGE -_ DOMESTIC UOTWATER II TYPE NEATER OIL AIRCONDITIONING TYPE HEAT OIL WARM AIR --' --IIOTWATER STEAM OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. 2 CAR WOODSTORAGE:, TYPE. CONST. SWIMMLNG POOL..— - + GUEST, TYPE CONST.OTHER:­­­ ----------------------------------------------------------------------------------------- VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION A BUILDING CODE LOCATION - - --- DESCRIPTION - ART. SEC. REMARKS: BP 139 CO Z-3381- (ADDITION) INSPECTED DY _ HATE OF INSPECTION DEC. 29, 1996 _ ~- J011N H. BODFIS TIME START 10:05 AN END 10:30 A,_ APPEALS BOARD MEMBERS ®ofFO moC ` I,� �oG Southold Town Hall Gerard P. Goehringer, Chairman c y� 53095 Main Road James Dinizio,Jr. GO P.O.Box 1179 Southold,New York 11971 Lydia A.Tortora • `� Lora S. Collins 4 O� ZBA Fax(516)765-9064 George Horning X01 Telephone(516)765-1809 01 BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD JAI 2 3 2019 ZONING BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING; OF OCTOBER 27, 1998 Appl. No. 4610 — DAVID GAROFALO PARCEL 1000-87-5-16 STREET& LOCALITY: 520 Cedar Drive, Mattituck DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a corner lot, bordered along two property lines by private rights-of-way which extend off the south side of Main Bayview road, Southold. The property consists of a total area of approximately 44,000 sq. ft. (1.1 acres) and is located in the R-40 Low-Density Residential Zone District, identified on the Suffolk County Tax Maps as 1000-87-5-16. BASIS OF APPLICATION: Building Inspector's August 14, 1998 Notice of Disapproval under Article IIIA, Section 100-30A.4 for the proposed location of a new accessory swimmingpool in a front yard area. Zone: R-40 Residential.- AREA VARIANCE RELIEF REQUESTED: Applicants property has a frontage of 115 feet on Main Bayview Road on the north, and is over 550 feet deep, bounded on the east and south by Koke Lane, an unpaved right-of-way serving the houses between Main Bayview and the Bay. This configuration results in applicant's house being deemed to have a front yard on each of the north, east and south sides. Applicant wishes to build a pool south of the house in what is technically a front yard with setbacks of 35 feet from the easterly and southerly property lines, and 60 feet from the westerly property line. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) Because the property's configuration results in three front yards, the only place where applicant might build a pool without a variance appears to be the Page `—Appi. No. 4610 Re: '1000-87-5-16-(Garofolo) RECEIVED Decision Rendered 10/27/98 JAN % 3-20 ZONING BOARD OF APPEALS relatively narrow area between the house and the westerly property line, where it would be close to the westerly neighbor and to applicant's house. Applicant proposes instead to place the pool in an area that has the appearance of a rear yard. Grant of the requested variance will not produce an undesirable change in the character of a neighborhood hne, detriment to nearby properties because the proposed locationscreened is not close to any neighbor, and is as a pra icaI matter the rear yard. -the area between the house and main Bayview functions in reality as the front yard, and a variance permitting construction of a pont in what is tgchnically another front yard is not substantial. (3):There is no basis to conclude that grant of the requested variance will have an adverse or impact on physical or environmental conditions in the neighborhood• (4) The grant of the requested variance is the minimum action necessary and adequate to enable the applicant to obtain the benefit of a swimmingpool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLURAN/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDITION that the constructibn and any decking shall be open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, HORNING. This Resolution was duly adopted (4-0). (Absent due to bereavement was: Member Tortora.) !EiR�A—VRD wool■.1000-87-5-16 P. GOEHRINGR, CH RMAN rAppmaied r Filing s '�:CI-KNED AND FILED BY 1 T ,-SOLITHO..D T 1.717 CLMK DATEi��5�5� .SOL- Tovi,-n CIErk, Town of SoutboId AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS /� TOWN OF SOUTHOLD JAN 2019 ZONING BOARD OF APPEALS WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use perm4t,site plan approval, use variance, or subdivision approval on property within an agricultural district QR 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: NOD C w! pa,7;-ZICIA- (f- F1ocv',C. 2)Address of Applicant: 7/ ?k f"Ali/ yy/E/,e� klcl y 3)Name of Land Owner(if other than applicant) : 4)Address of Land Owner: 5)Description of Proposed Project: Q%s oyulL� 6)Location o roperty oad and.tax map number): L0(0(-�•- $ l -z--)L-V . 7)Is the parcel within an agricultural district? VNo DYes If yes,Agricultural District Number 8)Is this parcel actively farmed? LJ No ❑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. T. 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 oard of Appeals at 765-1809. ure 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 op 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 1 , 617.20 Appendix B RECEIVED Short Environmental Assessment Form JAW 2 8 2019 Instructions for Completing ZO'1\1FgG BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 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 1-Project and Sponsor Information . Name of Action or Project: L .27-r/VC, (0ed< Project Location(describe,and attach a location map): 76 D o 1)9,gl A/- 8/4 (//L.UJ 50 "'a 1d IV4 Brief Description of Proposed Action: ,,51 Tr-- /%T� �' S t1ry 1V Iq TTnCr ell Or e}-_Tf 9%//1/K— AeOL /000 - Name oo® -Name of Applicant or Sponsor: /' Cj Telephone: 6/3/ 7t'n t/0 �'VI d P C(V b/ll (�'*' �t o E-Mail: Address: 760__�a A/11//V ¢[ City/PO: State: Zip Code: 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: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? Q acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? _acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban L_Rural(non-agriculture) ❑Industrial ❑Commercial @Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page I of 4 tow 1 . — RECEIVED n 5. Is the proposed action, JAN 2099 NO YES N/A , a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? .CONING BOARD OF APPEALS 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? ✓ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: NL 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: !y f A / 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? I/ b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: _ ❑Shoreline ❑Forest ❑Agriculturallgrasslands ❑Early mid-successional ❑ Wetland ❑Urban eSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? � 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, / a.Will storm water discharges flow to adjacent properties? M/NO❑YES b.Will storm water discharges be directed to established conveyance systems(run ff and storm drains)? If Yes,briefly describe: NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the i d nk of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? Y If Yes,explain purpose and size: ZEC51ED JAN 0 3 M14 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? ZONING BOARD OF APPEALS If Yes,describe: V, 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION P�tPVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE I C� Applicant/sr name: Date: Signature: i 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{` ` '4y�.�`' z_y ., 1 ~ - P. �W s- 13'k1��.- wr .,r,; ,. ir '.> ' r; r� ��s��^ q 9 No,or Moderate +:� �l:t`�IR!'�`, , 3 �rssF;g .t' •.�' . 7r " " c i small to large �,;i c'.� r ��'T," o H', i,,�?" �•�N_ary�.E`x4.ka'z... r', ` ,.� 5 '` ' a y 'f ;, _ �`• °` impact impact 'i . r°'"r Sin S 5,!' ?'. y.�♦ yyy-:,•ry ` az� !S�•ip„ � '*, y'ti e •T ire.ry'4.xa.t..s 1_5..,.r,-t.,. _ if'�• .�{'� "' 1`.. '`' may may T1.,�..ih�,+4:.`j" p�r try's".�•„- ,,}��a� Y Y b K y'••:'Sa'"+ -'i{. �'` ;�4`. Yx d? + 5”• Y+lr ,�a.,'?�cr. Jh. P° t 1t ii � '" v occur occur rtx;,e.7v i 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 V establishment of a Critical Environmental Area(CEA)? p� 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 f 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 t�ECEIVE� =� x4 "' No,or Moderate p,1` yi y small to large =t :- impact impact *"; `'�; <A ` - •� <. .'1:�,^: ,>.t ;;az�`,,,;^jly �;a�"%yrs.^ y. t may may - > h:!t '',V 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? o/ Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT RECEIVED TRANSACTIONAL DISCLOSURE FORM �A� ��� (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of To. n ofeers nd,em to,ees. he, purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to to e whatever action is necessary to avoid same. YOUR NAME: GAROFALO,CLAUDIA AND,GAROFALO,DAVID AND MOORE.PATRICIA C. (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 ev C_ VarianceGrievance Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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); 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��day ofj �g Signature: G /14W ClaudiaGarofal vid ofal atricia C.Moore Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JAN A. INSTRUCTIONS ZONINC, BOARD OF APPEALS 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# �f' - oj� - Ap The Application has been submitted to(check appropriate response): Town Board E Planning Dept. 0 Building Dept. I/ Board of Trustees E Z 1. Category of.Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 construction,planning activity, agency regulation, land transaction) 0 (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit, approval, license,certification: Nature and extent of action: Location of action: � Para Site acreage: /, RECEIVED Present land use: - JAN2019 Present zoning classification: 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: 71� 4 C-a�t� 41� 04t/o (b) Mailing address: 7k 36) /Ula c;5� r lw /Gy /Zy 7l (c) Telephone number:Area Code( ) tel (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. Eyes ❑ 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 5 (Not Applicable—please explain) Attach additional sheets if necessary RECEIVED Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through,7 for evaluation criteria JAN % 3 2019 F1 Yes 0 No 1 of Applicable—please explain) ZONING BOARD OF APPEALS 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—0 Policies Pa 8 through 16 for evaluation criteria Yes No (Not Applicable—please explain) 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 throw 21 for evaluation criteria 0 Yes E No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. R Yes rd No�ot Applicable—please explain) RECEIVED ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. S e LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes 1:1 No (Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeLl No U (Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain) RLC. !i M a e .m � 9 f1 j �v G aB 9 s ZONING DijjArD OF A PnreLl G Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Tow7NotApplicable s. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No —please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No I Not Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; P es 65 through 68 for evaluation criteria. ❑ Yes ❑ No [4 Not Applicable—please explain RECEIVED Board of Zoning Anneals Application ,JAN � 3 2019 AUTHORIZATION (Where the applicant is not the owni&)�Ic-;BOARD OF APPEALS We, Claudia and David Garofalo, as owners of 7630 Main Bayview Rd, Southold,NY (SCTM# 1000-78-7-49 & 1000-87-5-16) hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals (ter Claudia rofalo Adl David Garofalo r T v �n • i ^ � k David Garofalo 7630 '•.• Southold, I; } 00w 019 APPEALS N y I ,/ h� LrJ �r 1hYnn f David Garofalo • Main Bayview ••.• Southold, y .f . •f� �,� w .art' � Jul ok - - ,�µ�� -`y ��,...�'. � _ :�r./:'. irk. T:1.r�• i Q , ,'OWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECEIVED SOUTHOLD, NY JAIL 23 2019 BUILDING PERMIT ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 42203 Date: 12/1/2017 Permission is hereby granted to: Garofalo, David 7630 Main Bayview Rd Southold, NY 11971 To: Construct an acc. in'ground swimming pool w/fence to code as applied for subject, 2 conditions 10/15/98#appeals #4610: replaces expired BP #38944 At premises located at: 7630 Main Bayview Rd., Southold SCTM #473889 Sec/Block/Lot#87.-5-16 Pursuant to application dated 12/1/2017 and approved by the Building Inspector. To expire on 6/2/2019. Fees: PERMIT RENEWAL $125.00 Total: $125.00 Inspector v :ar; � - m -'TOWN OF•. S0UTHOLD PW0p1_j ' i!"*9C0R-0 CARD -aWMER STREET VI LLAGE DIST. SUB, LOT QVi C ' i Q. 5e FORMER OWNERN f E - ACR d , W TYPE OF BUILDING SEAS. a L. � FARM COMM. CB, MISC. -Mkt. Value •�to � - '` LAND IMP. TOTAL DATE REMARKS N z a t> i w vy cn o V7 0 o 7660 Z 1 G 1 -1_-t 1 0&Q 0117 - C tem r a v o 9 .6 : ass j Q U) AGE BUILDING CONDITIONQ 3 � Flo . -�n P _ NEW NORMAL ' BELOW ABOVE FARM Acre Value Per Value :Acre -76P ' e9 — / i �• Tillable 1 Iz0 , 11-7 V* Lq 41ga L ` liable 2 TOWN OF 80UTH Ott) Lo Tillable 3 m - LO Woodland JAN - 9 2019 N Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD /2,5 ' �� � �S-�� /8 7 D, m House Plot DEPTH N _ m BULKHEAD Tonal DOCK .. � *,�Ff moi, ; �i, �fi„�c^� �,'j. ,fi�1r .4' • ' ,r ■■■■■i ■■moi■■I�iis■■■■i■■■■ IE CR MEN aw NONE OMEN Ella ■isi■■illy■■■I■■I�■■i■■i■■■■■■■ ■■■■■i■�■Pi■ ■i■■■■■■■■■■■■ Interior Finish mit /' w �� dL� • - - � i ��guFFo<Ar ELIZABETH A.NEVILLE,MMC O 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 r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 30, 2019 RE: Zoning Appeal No. 7281 Transmitted herewith is Zoning Appeals No. 7281 for David & Claudia Garofalo: ,/ 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 _,Board 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 Z Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- 'I%Jvvli of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/30/19 Receipt#: 251201 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7281 $50000 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#4864 $500.00 Garofalo, David &Claudia Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Garofalo, David & Claudia 7630 Main Bayview Road Southold, NY 11971 Clerk ID: JENNIFER Internal ID,7281 so BOARD MEMBERS 40 Southold Town Hall Leslie Kanes Weisman,Chairperson ®�`�®� ®���®� 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 ®!�*rc®uff N 401" 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, JUNE 6, 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, JUNE 6, 2019: 10:00 A.M. - DAVID AND CLAUDIA GAROFALO #7281 - Request for a Variance under Article III, Section 280-15 and the Building Inspector's November 30, 2018 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory deck surrounding an existing accessory in-ground swimming pool; 1) located in other than the code required rear yard; at: 7630 Main Bayview Road, Southold, NY. SCTM#1000-87-5-16. 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: May 23, 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 abn �0 TYPESET Tue May 21 12 16 29 EDT 2019 Zoning District), located, at 225 Thomas shall have more than the required minimum LEGAL NOTICE Street,Southold,NY SCTM Nos 1000-66-1- 60 linear feet of frontage on one street;3) SOUTHOLD TOWN 8&1000-66-1-9 landscaping area measures less than the re- ZONING BOARD OF APPEALS 11:00 A.M.-MICHAEL SMITH#7282- quired 35%of subject lot,located at.Hound THURSDAY,JUNE 6,2019 Request for Variances under Article IV,Sec- Lane,Fishers Island,NY SCTM#1000-12-1- PUBLIC HEARINGS tion 280-15, Article XXII, Section 280- 7.1. NOTICE IS HEREBY GIVEN,pursuant to 116A(1)and the Building Inspector's August 1:45 P.M.-SHAWN P.FITZGERALD RE- Section 267 of the Town Law and Town Code 17,2018,Amended November 27,2018 No- VOCABLE LIVING TRUST#7276-(Adj. Chapter 280(Zoning),Town of Southold,the tice of Disapproval based on an application from May 9,2019)Request for an mterpreta- following public hearings will be held by the for a permit to construct an accessory in- tion pursuant to Article III, Section 280- SOUTHOLD TOWN ZONING BOARD OF ground swimming pool and legalize existing 13(A)(1), and the Building Inspector's De- APPEALS at the Town Hall,53095 Main relocated accessory structures,at;1)proposed cember 14,2018 Notice of Disapproval based Road, Southold, New York on swimming pool is located in other than the on an application to amend a building permit THURSDAY,JUNE 6,2019. code required rear yard,2)proposed swim- #41621 (construction of an accessory pool 9:30 A.M.-THEODOSIUS W.VICTORIA ming pool is located less than the code re- house)for"as built"interior alterations,at,l) #7278-Request for a Variance under Article quired 100 feet from the top of the bluff,3) as to whether an"as-built"structure consti- III,Section 280-15 and the Building Inspec- existing two accessory sheds are located less tutes a second dwelling unit by design,at.495 tor's December 4, 2018 Notice of Disap- than the code required minimum side yard Paddock Way,(Adj to Wolf Pit Lake)Mat- proval based on an application for a permit to setback of 15 feet;at 1405 Terry Lane,(Adj. tituck,NY SCTM#1000-107-4-2.10 relocate an existing single family dwelling to Long Island Sound) Orient, NY The Board of Appeals will hear all persons or and convert a portion of the dwelling into an SCTM#1000-14-3-2 their representatives,desiring to be heard at accessory building(art studio);1)located in 11:15 A.M. - 905 9TH STREET, LLC each hearing,and/or desiring to submit wnt- other than the code required rear yard; at. #7289-Request for Variances under Article ten statements before the conclusion of each 17250 Main Street, New Suffolk, NY. IV, Section 280-18, Article XXIII, Section hearing Each hearing will not start earlier SCTM#1000-117-9-30. 280-124,and the Building Inspector's Febru- than designated above.Files are available for 9:45 A.M.-THEODOSIUS W.VICTORIA ary 7,2019 Notice of Disapproval based on an review during regular business hours and #7280 - Request for a Use Variance under application to approve a two lot subdivision prior to the day of the hearing.If you have Article III,Section 280-13C,Article X,Sec- and a permit for the construction of a new questions,please contact our office at,(631) tion 280-45C and the Building Inspector's single family dwelling and accessory building 765-1809, or by email kimf@ December 4, 2018 Notice of Disapproval (lot 10),at 1)proposed two lots will measure southoldtownny.gov based on an application for a permit to relo- less than the minimum lot size of 40,000 sq Dated.May 23,2019 tate an existing single family dwelling and ft;2)proposed two lots will measure less than ZONING BOARD OF APPEALS convert a portion of the dwelling into an ac- the minimum lot width of 150 feet,3)pro- LESLIE K A N E S W E I S M A N, cessory building(art studio),1)proposed art posed two lots will measure less than the CHAIRPERSON studio in the accessory building is not a per- minimum lot depth of 175 feet,4)proposed BY.Kim E Fuentes mitted accessory use;at 17250 Main Street, lot no.9 with existing single family dwelling 54375 Main Road(Office Location) New Suffolk,NY.SCTM#1000-117-9-30 will have more than the code permitted maxi- 53095 Main Road(Mailing/USPS) 10:00 A.M. - DAVID AND CLAUDIA mum lot coverage of 20%,5)proposed lot 10 P.O Box 1179 GAROFALO#7281-Request for a Variance with proposed single family dwelling will Southold,NY 11971-0959 under Article III, Section 280-15 and the have less than the code required minimum 2354800 Building Inspector's November 30,2018 No- front yard setback of 35 feet, at : 905 9th tice of Disapproval based on an application Street, Greenport, NY SCTM No for a permit to legalize an"as-built"accessory 1000-48-2-29 deck surrounding an existing accessory in- 1:00 P.M. - EAST END REALTY, LLC ground swimming pool, 1)located in other #7286-Request for Variances under Article than the code required rear yard; at: 7630 IX,Section 280-42 and the Building Inspec- Main Bayview Road, Southold, NY tor's December 11,2018,Amended February SCTM#1000-87-5-16. 22,2019,Notice of Disapproval based on an 10:15 A.M. - THOMAS F. DALY, III, application for a permit to alter an existing JOYCE DALY,MARGARET DALY,ET workforce housing building to convert to a AL#7284-Request for a Waiver of Merger single family dwelling on a parcel having an petition under Article II,Section 280-10A,to existing business use to be maintained,l)less unmerge land identified as SCTM No than the code required minimum rear yard 1000-66-1-21 which has merged with SCTM setback of 75 feet,2)less than the code re- No. 1000-66-1-22,based on the Building In- quired minimum side yard setback of 20 feet spector's January 30, 2019 Notice of Dis- at: 4880 Depot Lane, Cutchogue, NY. approval,which states that a non-conforming SCTM#1000-96-2-3 lot shall merge with an adjacent conforming 1:15 P.M. - EAST END REALTY, LLC or non-conforming lot held in common own- #7287 - Request for a Use Variance under ership with the first lot at any time afterJuly 1, Article IX,Section 280-42 and the Building 1983 and that non-conforming lots shall Inspector's December 11, 2018, Amended merge until the total lot size conforms to the February 22, 2019, Notice of Disapproval current bulk schedule requirements (mini- based on an application for a permit to alter an mum 40,000 sq. ft in the R-40 Residential existing workforce housing budding to con- Zoning District),located,at 150 Daly Lane, vert to a single family dwelling on a parcel Southold, NY SCTM Nos.1000-66-1-21 & having an existing business use to be main- 1000-66-1-22 tained,1)less than the required 80,000 sq ft 10:30 A.M.-MATTHEW F.DALY,ROB- in area for each use, at 4880 Depot Lane, ERT M.DALY,MARILYN K.DALY,ET Cutchogue,NY.SCTM#1000-96-2-3. AL,#7285-Request for a Waiver of Merger 1:30 P.M.-HOUND LANE,FISHERS IS- petition under Article II,Section 280-10A,to LAND#7237-(Adjourned from April 11, unmerge land identified as SCTM No. 2019)Request for Variances under Article XI, 1000-66-1-9 which has merged with SCTM Section 280-49 and Section 280-50;and the No 1000-66-1-8,based on the Building In- Building Inspector's August 10, 2018, spector's January 30, 2019 Notice of Dis- Amended August 22, 2018 Notice of Dis- approval,which states that a non-conforming approval based on an application for a permit lot shall merge with an adjacent conforming to alter an existing building into a restaurant or non-conforming lot held in common own- on the first floor and to construct a second ership with the fm st lot at anytime after July 1, story addition for two apartment units,at 1) 1983 and that non-conforming lots shall the second story addition shall have less than merge until the total lot size conforms to the the code required minimum front yard set- current bulk schedule requirements (mini- back of 100 feet;2)the second story addition mum 40,000 sq.ft. in the R-40 Residential #0002354800 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Kimberly Gersic 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 05/30/2019 Principal Clerk Sworn to before me this c' Y da of VCHTIN�AVOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No, O1 V06105050 oualltled in SuII01k County My Commffljoh 9XP)I s FtMUory 28,2020 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -� ---------------------------------------------------------x In the Matter of the Application of G 0, t,D AFFIDAVIT ro� GAROFALO OF MAILINGS Appeal # 7281 SCTM Parcel #1000-87-5-16 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 20th day of May, 2019, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicu right-of-way of record, surrounding the applicant's property. (Signat e) Sworn to before me this 0 da of M&Y , 2019 (No ary Public) MARGARET C RUTKOWsfa NOTARY PUBLIC,STATE OF NEW YORK Registration No.01 RU49U528 ouaiified in Suffolk CouotY.- PLEASE list, on t�cffC10o is'A?i' ad ver on a sheet of paper, the lot numbers next.to the owner names and addresses for which notices were mailed. Thank you. r � Garafalo Neighbor List ' 78-7-49 David and Claudia Garofalo 7630 Main Bayview Rd Southold, NY 11971 78-7-48 Susan Gould 3 Stuyvesant Oval#21-1 New York, NY 10009 87-5-15 Matthew Zand and Maria Manfre-Zand 1136 Lorraine Dr Franklin Square, NY 11010 87-5-12.3 Suffolk County 330 Center Dr Riverhead, NY 11901-3311 87-5-8 Shaw Hana Rev Living Trt 11520 Lockhart PI Silver Springs, MD 20902-3165 87-5-9, 87-5-12.2 Anthony R. Daniele PO BOX 150 Southold, NY 11971 87-5-11.3 Budd B Young PO BOX 303 Southold, NY 11971 87-5-17 Deborah Ostrosky 1260 Koke Dr Southold, NY 11971 87-5-18 Andrew and Dana Queen 1675 York Ave#18B New York, NY 10128 87-5-19.3 Jessica Bermingham and Thomas Beug 132 Franklin St Brooklyn, NY 11222 I , 1 _ 87-4-10 Town of Southold /�1 PO BOX 1179 Southold, NY 11971 - t �•04 4 'I � _. t, .• n- .� x I I �r,. ,."�„;ie' 3 h' �`nq.a:. ;9�:-,��'' 1�atnrµ,+�� ,� D a ® '�a,'y�. - ?�om;�. _ � r• � � yr D s 0 - �-_ v' "M�. ��f 'P,q_ 'r Ln ro �' -{-•.1-� "-�a• t--� � �� "3 af4 �` � jt i�, �p.; • � � �; i.�xa �r 1, �I,T� �f�., '� j" it (—�' •3�..� : It 1 1 j. • w gyMCertified Mall Fee �� t y Ln Certified Mall Fee u��°�'• l 6- Q $ Extra Services&Fees(check box,add fee as appropd �•--� Q Extra Services&Fees(check box,add fee as appropriate) a Q ❑Return Receipt(hardcopy) $ ` 9 g •" ❑Return Receipt(hardcopy) $ f + ��ua(l ,9 - •1 (� '}rU�` Q El Return Receipt(electronic) $ d�i'�AY 2FlOstmark I Q ❑Return Receipt(electronic) $� ' �p pJ �•!U'os[maf O [:]Certified Mail Restricted Delivery $ Here �,t, Q ❑Certified Mall Restricted Delivery $ {Bt Here Q ❑Adult Signature Required $ Q []Adult Signature Required $ \ l r []Adult Signature Restricted Delivery$ E]Adult Signature Restricted Delivery$Im � P l �,�-• M Postage /_ (O Postage C, - 4�' o ��• rq David and Claudia Garofalo ti Suffolk County r-9 7630 Main Bayview Rd a 330 Center Dr Q Southold, NY 11971 ------------------ I Q Riverhead, NY 11901-3311 --------------- N I r` ----------------- I o I •• •e ••••0 1,�4,A -ti.- _ '- • • Il-C.T • 0 1 W L'a.'MIC14L-{Al x1111'1 yDI1tiI�lC?.r�•'r" e ro p , e, d p IT- LHP' rw� r� r,-w• .W, • J ri r' ,� •r'=� 4H. 71, 7£_ i€.1 j M M Certified Malt Fee /!Jt v m i '" Ln Certified Mad Fee ` Extra Services&Fees(check box,add fee as appropda .�•• Q ❑Return Receipt(hardcopy) $ �`� Q Extra Services&Fees(check box,add fee as appropnate) r— ®,�- Return Receipt(hardcopy) $ ; Q ❑Return Receipt(electronic) $ 1�J_�spa'{Ir Q 'c.-.)� r Y'\p ❑Return Receipt(electronic) $ Postmark Q ❑Certified Mall Restricted Delivery $ Here I Q []Certified Mail Restncted Delivery $ C°) iI9 Pere Q E]Adult Signature Required $ Q ❑Adult Signature Required $ r Q PoAdult Signature Restrlcte eliv $ Q , stage g U���J ❑Adult Signature Restricted Delivery$ M j Q Postage ru rr-1 $ -Dco S of 1 Susan Gould nJ 3 Stuyvesant Oval#2H , Shaw Hana Rev Living Trt Y i r- : 11520 Lockhart PI New York, NY 10009 ----------------- r� j Q ; Silver Springs, MD 20902-3165 ---------------- r- :A1 I 111•I __ - __ - 11 lel`•, 1""N•_- r Ili+� `fll'1 Ln ` ycoD co D. ut. Q co • @fit 7C7) �� � �� 1 �c,, is 1 �, I_" :;7 £.f",x (:ra a: j'="' m ,s i. :t tQw-" le u M Certified Mad Fee I Ln Certified Mad Fee Extra Services&Fees(check box,add fee as appropni)ate) ,�' _ (� Q Extra Services&Fees(check box,add fee as appropriate)l Q Elpy !� ( , ❑Return Receipt(hardcopy) $ /q' ��r Return Receipt(hardcopy) $ V r 4.1a•�`{ 2 ,��' Q ❑Return Receipt(electronic) $ 'w` pOStmBfk t`,7.5 M ❑Return Receipt(electronic) $ ,a' 4r7 Postmark J Q ❑Certified Mall Restricted Delivery $ H re 9 I Q ❑Certified Mail Restricted Delivery $ \ Here r Q ❑Adult Signature Required $ {� {p�� 2 ��� Q ❑Adult Signature Required $ \ [:]Adult Signature Restricted Delivery$ ')\'�" j []Adult Signature Restricted Delivery$ rn Postage \ I Q Postagecn N o ru T�9 V6tfhew ZancT and-Maria Manfre-Zand--'= Anthony R Daniell 1136 Lorraine Dr rte-- PO BOX 150 Qr-I , Franklin Square, NY 11010 j Q Southold, NY 11971 ----------------- r r` ---------- t o 0 1 1 111.1 I - � ri M1 A © ® ® m ® !Lr) 1 © o e .. . m ®e ® % MEAN � ( f( 7 (( W M i 1 : Lrj Certified Mad Fee r.� , ., m `ail , 4�..ri ` � ,�� u') Certified Mad Fee 0 Extra Services&Fees(check box,add fee as appmpnate) , O ❑Return Receipt(hardcopy) $ ^p9. Extra Services&Fees(check box,add fee as epprodate) _ 0 'y ' 0 El Return Receipt(hardcopy) $ 1 � I" I ❑Return Receipt(electronic) $ Post a-T1CReceipth r,. }'^ �, I Return (electronic) $ r✓ r ❑Certified Mail Restricted Delivery $ efe I ❑ d Postmark 1 s / r3 ❑Certified Mail Restricted Delivery $ Her6 ❑Adult Signature Required $ s-� I / l.d\ r � ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ t�S` `y j ❑Adult Signature Restricted Delivery$ +^, D Postage �J%! r3 Postage r1J ru .0 —0 $ - - ru ru Budd B. Young Jessica Bermingham ar� ,omaslB a PO BOX 303 r-i 132 Franklin St N Southold, NY 11971 c Brooklyn, NY 11222 �/ ----------------- f fye,rJ/ ----------------- ■ e e - ru C3 o ; •jam m I,,JJo -' � M _ r ,If LP) Certified Mall Fee u) Certified Mall Fee C3 C-3 0 Extra Services&Fees(check box,add fee as appropriate) Extra Services&Fees(check box,add fee as appropriate) f 0 E]Return Receipt(hardcopy) $ E]Return Receipt(hardcopy) $ E]Return Receipt(electronic) $ Postmark 1:3 Return❑Return Receipt(electronic) $ r �' FI Certified Mail Restricted Delivery $ Here ❑Certified Mall Restricted Delivery $ Here����✓ 0 E3❑Adult Signature Required $ --� ❑Adult Signature Required $ t' 1 r� �`4� Fr'e�ll v ❑Adult Signature Restricted Delivery$ / t% t _ ❑Adult Signature Restricted Delivery$ 4>1� 0 Postage C3 Postageru 7 n! Bim\ ru Deborah Ostrosky ��1 �{ �rJ � ) ru Town of Southold �'� ,r--i 1260 Koke Dr a PO BOX 1179 0 N Southold, NY 11971 , ��s r. Southold, NY 11971 us s e vyta __ Er I M ut Lr) Certified Mad Fee O $ Extra Services&Fees(check box,add fee as appropriate) Q ❑Return Receipt(hardcopy) $ e -;— ❑Return Receipt(electronic) $ u fV stmark 0 ❑Certified Matl Restricted Delivery $ \r� Here E3 ❑Adult Signature Required $ ;e O El Adult Signature Restricted Delivery$ Postage ru $ 1 ru \ ' Andrew and Dana Quee •/ r-i 1675 York Ave#18B ----------------- N New York, NY 10128 TOWN OF SOUTHOLD 0 . ZONINu BOARD OF APPEALS G SOUTHOLD,NEW YORK ��t�i AFFIDAVIT OF In the Matter of the Application of: POSTING C O Y 0-f a1 SCTM No. 1000- (Name of Applicants) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK residing at S,ti oda/ ,New York,being duly sworn, depose and say that: I am the (1�`Owner or ( ) Agent for owner of the subject property On the day of 20 1,9, I personally placed the Town's Official Poster on subject property located at: indicating the date of hearing and nature of application noted thereon, securely upon subject 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 (Owner/ gent ig re) Sworn to before me this Day of J ,20%' g Aotry Pu ic) near the entrance or driveway entrance of property, as the area most visible to passerby MARGARET C RMOWSIG NOTARY PUBLIC,STATE OF NEW YORK Registration No.O1RU4982528 Qualified In Suffolk County My Commission Expires June 3.7�0 3 I COMP IS SECTION' ■ Complete items 1,2,and 3. A. 81gna n ■ Print your name and address on the reverse ❑Agent ( jk so that we can return the-bard to you. ❑Addressee �® ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery �� } i or on the front if space permits. 1._Article Addressed to: _T D. Is delivery address different from item i? ❑Xes ! � If YES,enter delivery address below: p No i Matthew Zand and Maria Manfre-Zand I 1,1,36 Lorraine Dr Franklin Square, NY 1101.0 Service Type II[III I iII III IIIII IIIIII III III 1❑Adult Signature CI Mai]Tm l EJ-Adult Signature Restricted Delivery 13 Registered Mail Restricted 1 Q 9590 9402 3554 7305 8105 20 Certified Mall® Delivery i ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise j 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm j ❑Insured Mail ❑Signature Confirmation ! ❑Insured Mail Restricted Delivery Restricted Delivery- ( S500) P8 Form 3811,julk20yS PSN 7530y62-000-9053 ;Domesfio`Fieturn Receipt e� jDELIVERY ! ■ Complete items 1,2,and 3. A. Signature I ■ Print your name and address on the reverseX - Q� 13 Agent l ❑Addressee So that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Re rived by(Printed Name) I C.J;la of Dejlvery or on the front if space permits. 1 �� 173 1. Article Addressed_to: D. Is delivery address different from item 1? ❑Yes S If YES,enter delivery address below: ❑No j,Susan Gould 3 Stuyvesant Oval#2H New York,NY 10009 3, Service Type ❑Priority Mad Express® i II I Illlll IIII III I II I I'll I II I I I I lI I I I Il 11 III Q Adult Signature ❑Registered Mailm ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 3554 7305 8105 37 13 Certified Mall® Delwery ❑Certified Mail Restricted Delivery Q Return Receipt for 11 Collect on Delivery Merchandise 12. Article Dumber(transfer from service label) Q Collect on Delivery Restricted Delivery ❑Signature ConfirmadonTM ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery' (over$500)` PS'Form 3811,iJ4y2015 PSN 7530-02-000-9b53' ' Domestic Return Receipt COMPLETE • COON ON DELIVERY i ■ Complete items 1,2,and 3. A Si tura 1 ■ Print your name and address on the reverse X 0 Agent I so that we can return the card to you. Addressee I ■ Attach this card to the back of the mailpiece, B. Received by(Frio ed Name) C. Date of Delivery { or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery dresp I ❑No Anthony R. Danlele PO BOX 150 l Southold, NY 11971 0 I I II 1111111 IIII III IIII IN 1111111111111111111111 ❑3, Servide Type . my Mail aTK ® Adult Signature f3'Registered MalIil ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 3554 7305 8104 90 ❑Certified Mad® Delivery ❑Certified Mail Restricted Delivery ❑Retum Receipt for ❑Collect on Delivery Merchandise 2. Article Number ransfer from service labe Q Collect on Delivery Restricted Delivery ❑Signature Confirmation Tm ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,Julq;2015 PSN 7530-02-000-9053, ; Domestic Return Receipt 1.t ; ilii itte ( iiilit � i i iii t` �5 ,+ Il 1 • A. Sirature ® Complete items 1,2,and 3. ®Agent H Print your name and address on the reverse e so that we can return the card to you. B. Received b (Pn ted ame) C. Date of Delivery ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery ad respedifferent from item 1? ❑Yes If YES,enter dgl`iveryaddCess below, ❑No David and Claudia Garofalo , 7630 Main.Bayview Rd �n Southold, NY 11971 � o �I(0 III III I II II III 3. Service TypeII ❑Priority Mail Express®I IIIIII IIII III I III IIIIIIIII I II ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery E3Registered Red Mail Restricted ❑Certified MailO 9590 9402 4977 9063 7031 86 ❑Certified Mail Restricted Delivery ❑Return e Re$eipt for ❑Collect on Delivery ❑Si nature ConfirmationTM ❑Collect on Delivery Restricted Delivery g 2. Article Number(Transfer from service label) ❑Insured Mail El Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTION �SEo o sIVER SENDEn- COMPLETE THIS ■ Complete items 1,2,and 3. A. Signat re ❑Agent ■ Print your name and address on the reverse ❑-Addy ssee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B.Rece by(Printed N me) to of D ivery or on the front if space permits. Jo \i;Yk 4. ' 1. Article Addressed to: D. Is delivery address different from ite 1? ❑ s If YES,enter delivery address bel o ❑ o Andrew and Dana Queen 1675 York Ave#18B New York, NY 10128 II IIIIII IIII III I II I IIII I [11ltPriority ©gIII III IT I III ❑dulSignatre Restricted Delivery UReisedMail Restricted ❑Certified WHO Delivery 9590 9402 3554 7305 8104 69 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 2. Article Number(Transferfirom service label) ❑insured Mail ❑Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i • • SECTION • ON SEN■ Complete items 1,2,and 3. A. i� re AgAt ■ Print your name and address on the reverse X Vddr6ssee so that we can return the card to you. B. ece e d ) Date of Delivery 4 ■ Attach this card to the back of the mailpiece, or on the front if space permits. 11 I 1. Article Addressed to: - 1 D. Is delivery d iffere nt i e 1? [3 Yes if YES,enter delivery address below: ❑No i { :Shaw Hana Rev Living Trt ATO 11520 Lockhart PI -Silver Springs, MD 20902-3165h� MAY 24210 ❑ (r 3. 1Ce aturre Ojos ❑Registe ed Ma TPriority Mail M 5sO II I IIIIII IIII IIIIII I IIII I III IIIIII I IIII IIII III ❑A i slivery p Registered Mail Restricted 9590 9402 3554 7305 8105 06 ❑cert" Delivery ❑Certified Mad Istricted Delivery ❑Return Receiptfor ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation'm 2. Article Number(Transferfrom service label) ❑Insured Mail ❑Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I l� • COMPLETETHIS SECTIONON DELIVERY ■ Complete-items 1,2,and 3. FB. Uiyoby ■ Print our name and address on the reverse ❑Agent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, e Name) C. Date of Delivery or on the front if space permits. -4/15- 1. 4n1, Article Addressed to: D. Is delivery address d rent from item 1? ❑Yes - if YES,enter deliveryd s below: p No SII Town of Southold I X04 PO BOX 1179 ' Southold, NY 11971 fllllllfl�fflllltlllltlll �llllll�llllflllltlll 13❑-Adui3. lSgnatureeRestri Deliveted y�-ClRe�iseedMaiice Type mail lR@stricted Certified Mail(D9590 9402 3554 7305 8104 45 p Certified Mail Restricted Delivery (3Retlum Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation'T" 2. Article Number(transfer from service label ❑Insured Mail ❑Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery- (over$500) PS Form 3811,July 2016 PSN 7530-02-000-9053 Domestic Return Receipt �I • SECTION 1 . . DELIVERY A. Signature ■ Complete items 1,2,and 3. ❑Agent e Print your name and address on the reverse X�' .S Addressee so that we can return the card to you. B. Received by(Printed Name) C Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. m item 1? ❑Yes 1._Articie_Addretsed to: _ D. Is delivery r � If YES,e r• ` e�f ry atl e elow: [3No 0 Deborah Ostrosky 1260 Koke Dr Southold, NY 11971 I i II I IIIIII IIII IIIIIIII Service e 0 Priority Mail illgRegistered I IN I III IIIIIIIItil [1 Adult Restrcted Delivery ❑Registered aiRestricted ❑Certified Mail® Delivery 9590 9402 3554 7305 8104 76 ❑Certified Mail Restricted Delivery ❑Return Receipt for I Collect on Delivery Merchandise El Collect on Delivery Restricted Delivery El Signature ConfirmationTP^ p 2. Article Number(transDelivery from service labeq ❑Insured Mail ❑Signature Confirmation Insured Mail Restricted Restricted Delivery di PS Form 3811,Duly 2015 PSN 7530-021,000; Domestic Return Receipt 9053 COMPLETE • COMPLETE . DELIVERY ■ Complete items 1,2,and 3. A. Signature i ■ Print your name and address on the reverse x�C ' rentdressee i Ad so that we can return the card to you. 4 ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. �� tl 1, Article Addressed to: D. Is delivery address different from item 1? E3 Yes If YES,enter delivery address below: ❑No Suffolktounty I 330 Center Dr Riverhead, NY 11901-3311 i II I VIII IIII III 111 i IIII I II I I I I II I I I I II II II III 3. Service Type ❑priority Mail Express® ❑Adult Signature 13 Registered Mall"m ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted 9590 9402 3554 7305 8105 13 ❑Certified Mad@ Delivery ❑Certified Mad Restricted Delivery A ReturneReceipt for 17 Collect on Delivery ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 2. Ar#icle NunlE2er(Transfer from service abet) 11 Insured Mafl ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS'Form 39811,July 2015 PSN'7530 202-000-90531 Domestic Return Receipt d� 1 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://southtown.northfork.net May 6, 2019 Re : Town Code Chapter 55 -Public Notices for Thursday, June 6, 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 May 20th: 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 May 27th: 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 May 29th: 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 June 4, 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. i4u' Tlk'. E U' F HEA' Rli4u' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: .'AME : GAROFALO , DAVID AND ' CLAUDIA #7281 .: CTM # : 1000-87 -5- 16 1 'ARIANCE : YARD SETBACK i EQUEST: "AS BUILT" DECK SURROUNDING EXISTING ACC'Y SWIMMING POOL LATE : THURS . JUNE 6 , 2079 10 : 00 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 BOARD MEMBERS *OSouthold Town Hall Leslie Kanes Weisman,Chairperson ► Sjf sou Typ..w 53095 Main Road-P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yCOUM`l Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 January 25, 2019 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7281 Owner/Applicant: Garofalo, David & Claudia Action Requested: legalize "as built" accessory deck around an existing accessory swimming pool. 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 Ch irp rson By: Encls. Survey/Site Plan: AJC Land Surveying PLLC, dated October 16, 2018 BOARD MEMBERS **Southold Town Hall Leslie Kanes Weisman,Chairperson rjf SU(/lyp 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor Robert Lehnert,Jr. 0 ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MEMO TO: ENGINEERING FROM: Leslie K. Weisman, ZBA Chairperson DATE: January 25, 2019 SUBJECT: Request for Comments ZBA# 7281 GAROFALO, David & Claudia (1000- 87-5-16) The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. ! The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER OF ZONE DATE SECTION STAMPED SURVEY/SITE DIST SURVERY/SITE PLAN PLAN Garofalo, 87-5-16 7281 June 6, Article III October 16, AJC Land David & 2019 Section 280- 2018 Surveying PLLC Claudia 125 Your comments are requested 1 week prior to hearing date. Thank you. Encls. BOARD MEMBERS ,�0f SU(/jy0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� lQ 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Vs V Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCou +� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 25, 2019 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA Application#7281 David & Claudia Garofalo SCTM No. 1000-87-5-16 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's June 6, 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 don't hesitate to contact our office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. / \ / 20 •• ` , sus = 164 ,2 - 14 17A(.) TOWN 0 50 6 ` \ F�o x 17.4 E 1SOUTHO7.3_ m0 ki Grp _ •0 7 ¢\ R e °° u _ t3 •� 27; 18 g ?y L A rm C ms 14 8 i• 8 .�•q 7S 8\�°� 2s �1� a q 8 43 a^U 19 _ 16.1 162 16.5 8 2 R/i/ arm a ,x °n 15 'm22 S N BAWIEW „° m° i a 77 8 Ar 38' (50) 7 maa m 77r'st� 1 m ,sx !Xs, s fiP $ - g 34 -isa r,° 41 1 1 42 a 43 P 53 7 72 a 8 35 g 2 xm n°� IE18n•p y r-0 s Sv 78 16 ke 1� e m 16A(c) 7 eq(c) 322 as 3018 X15, m° ^ 1 1 �m44_ -52 ma 8 32.4 7 37 'm �2CIp,g+ 39 1^ 1 xa lsa40 ,m sooin 0 1 55 32.6 39 w 8 8 m, 0 510` 7�8 a ( �(c) a 1.9A(e) a ,m m2 O \ ,e, ns - xe, ^ e 79 e (c) a _ fi m8 rm 38 1" e= vs �„ LIBE � 4 ( 40 c , 3 �3zg - 3 rm as�17s�B � �/ 0m46a Ur SO ' R7y LA rte, )1/ ) r „° r •, a 41 a m°1$ nat 70.8 �d ~°, a g s 8 h- a 72 s q m s: 32.12 sR 7 42 +mm8 nn 98 rq8 ' - 35 R 3g 47 49 ^ ,mom - rm /s 71 3z 10 rm -25�b x8 -71.2 ( / = 72 7 C xnr mij78 ?78' 34 60 D= m (c) R W e ,q c rase ' 1.Oc) 8 rm 713 alO lis 73 - a3 w 13 i _ a. a 451:U 37.31_ 4 zm =O sm 74 ae- U 74 xm _ '�' •0938 ,a '9�/�Cr.,sO a 301 30,2_ 1.4A(c) 23.48 q 62 8 fD•S L r ,• 52 48 a w (c) (c) 61 1- � 66 L 1 e ao 8 _ 4A(0) • 10 ,� W 8 �0._71^ - is;, �'R xv x^ x - 1g 3 RD_ . ao _ ~O �'ro 76 q s a m m= ra° B 13 ^ xa a' ?3 g R f4 , 8 V V 104� $Af ea- x �91CM � �1 8 � 192 '$ 8 8 23.2 � rN321.882 FOR PCL 4'Fx123 5^e 8a 23.10 ns 65 SEE SEC Nob o m $ 4 o s fe ^788 $ ms rm 1�(c) a "• (s 08701-Ota °b m& s 4 11A(c a - ,m •x as 9 21 10 23 8 _$ 21.7 21. BAA 11 1 21.1 � 8 f 3 N. 9 . „ ,3 a FOR UNITS 10 �(c) ma 8 8 4 ////III , 8 - SEESEC 087.01 :. �°• a 'z9(c�' 29 9I rm W r TME COVERTS � M (cornNONA _ TOWNOFSOUTHOLD e Nrarsae IIIq 11.4 - .- 10 / 17A(ca (�y1 /�) . 96.4A(c) 8/ rA. / �6Yo&I D / C 12.2 8 r3; M Corey -\?\ \:•� �'+M� '��`— '•' kr 4 /P�.gyp Y7- I� NECK RAY � � I