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Home My WebLink About7566 i KAI M cVidA 6wwml fat� p�k ,�� so• ` `f,� �J4 a . 1 rio u•_rr. I' j : Owner: Kelly, Michael File #: 7566 i Address: 1450 Marlene Ln Code: 17PA kxw r Agent Info _ Michael Kelly 1450 Marlene Ln =fY Mattituck, NY 11952 ; Phone: 516-729-3764 Fax: Email: mkelly15@optonline:net LJ� tom`\1^, nIA BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®f ®�j� 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 ®l�C®UNTY Southold,NY 11971 ' RECEIVED http://southoldtownny.gov 1:11 AM ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Pouthol Tel.(631)765-1809 •Fax (631)765-9064 Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 16, 2021 ZBA FILE: #7566 (AMENDED January 6,2022) NAME OF APPLICANT: Michael and Maureen Kelly PROPERTY LOCATION: 1450 Marlene Lane,Mattituck,NY SCTM#1000-144-2-35 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 10,875 square foot parcel located in the Residential R-40 Zoning District. The northerly property line measures 145.00 feet and the easterly property line measures 75.00 feet and is. Adjacent to Marlene Lane,the southerly property line measures 145.00 feet and the westerly property line measures 75.00 feet. The parcel is improved with a one-story frame residence with an attached wooden deck with stairs leading to a masonry patio all located on the southwest side of the residence. On the masonry patio there is also an outdoor shower. There is an as built 10.0 ft.by 8.1 ft.wood shed located in the most southwest corner of the property. The side and rear of the property is fenced with a six-foot wooden fence as shown on the survey map prepared by Scalice Land Surveying, Jason D.Leadingham,LS, and dated July 2,2021. BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124; and the Building Inspector's August 10,2021 Notice of Disapproval based on an application for a permit to construct an accessory in- ground swimming pool; at 1)more than the code permitted maximum lot coverage of 20%; located at: 1450 Marlene Lane, Mattituck,NY. SCTM#1000-144-2-3 5. RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming pool on a nonconforming 10,875 square foot parcel in the R-40 Zoning District,which will increase the lot coverage from 22% to 26%. In accordance to Article XXIII, Section 280-124,the maximum permitted lot coverage is 20%. ADDITIONAL INFORMATION: The applicant has stated that the wood shed was on the property when they purchased the property in 2005. The Building Department has asked that the shed be relocated to a conforming location, or the applicant will require a variance to maintain it. The amended survey shows that the wood shed(less than 100 sq. ft. in size)will be relocated. Page 2,December 16,2021,AMENDED January 6,2022 #7566,Kelly SCTM No. 1000-144-2-35 Since the septic system is presently located in the location of the proposed swimming pool,the applicant has stated they,will install a new sanitary system at the northern location of the rear yard. Other approved ZBA applications for excess of conforming lot coverage in the neighborhood were ZBA#6935 lot coverage granted for 27.3%, application#7447 lot coverage granted for 23.4%,and ZBA#7240 lot coverage granted for 27.9%. The proposed in- ground pool will be 16ft x 3Oft. which is not a large pool. The Board inquired about the accuracy of lot coverage as depicted on the survey revised on 10/12/2021. The applicant submitted an amended survey, last revised December 3, 2021, correcting the existing lot coverage as21%, but still proposing a lot coverage of 26% with the addition of the swimming pool FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 2,2021 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The surrounding neighborhood has undergone many changes throughout the years. Many of the parcels have been greatly improved as originally this was a small cottage beach community. A large percentage of the homes have been enlarged and many homes have also installed in-ground swimming pools and required variance relief for excessive lot coverage. The next door neighbor to the applicant has a swimming pool. This request is not uncharacteristic for this area. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The subject property already has more than the code permitted maximum lot coverage so any additions or alterations on the property that would increase lot coverage will require variance relief. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 30%relief from the code. However, the proposed in ground pool is modest in size, numerous prior variances for excessive lot coverage have been granted in the neighborhood, and the pool is proposed to be in a code conforming rear yard that is already screened from view from the street and adjacent properties by a solid wood fence. 4. Town Law X267-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 and is proposing to abandoned the old septic system in the rear yard of the property where the pool is proposed to be located, and to replace it with an upgraded and improved IA sanitary system which will benefit the environment. 5. Town Law X267-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 in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. I Page 3,December 16,2021,AMENDED January 6,2022 #7566,Kelly SCTM No. 1000-144-2-35 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Acampora, seconded by Member Dantes, and duly carried, to GRANT the variance as applied for,and shown on the survey map prepared by Jason D.Leadingham,L.S., and last revised December 3, 2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 2. Drywell for pool de-watering shall be installed. 3. Installation of an Innovative Advanced (UA) Sanitary System approved by the Suffolk County Department of Health Services. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson)Dantes,Acampora, Planamento and Lehnert. This Resolution was duly adopted(5-0). Page 4,December 16,2021,AMENDED January 6,2022 #7566,Kelly SCTM No. 1000-144-2-35 AMENDED CONDITION. In a letter received December 23, 2021, the applicant requested that the Board remove condition 3 of the variance relief granted on December 16, 2021 in ZBA #7566 requiring the installation of an IIA Sanitary System. The Board considered the request, and a motion was offered by Chairperson Weisman,seconded by Member Acampora, to AMEND Condition No. 3 to read as follows:3. "Installation of a Sanitary System approved by the Suffolk County Department of Health Services."Conditions I and 2 remain in full force and effect as originally required. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not'authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson)Dantes,Acampora,Planamento and Lehnert. This Resol was duly ado ted (5-0). r` Leslie Kanes Weisman; Chairperson Approved for filing / //2022 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ®U,� 53095 Main Road• P.O. Box 1179 Dantes ®I ra ® Southold,NY 11971-0959 Patricia Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�.coum Southold,NY 11971 ' RECEIVE® http://southoldtownny.gov P46 8:LM ZONING BOARD OF APPEALS 0 EC '-` 2 2 2021 TOWN OF SOUTHOLD o. M-A Tel.(631) 765-1809 •Fax (631)765-9064 S&bthold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 16, 2021 ZBA FILE: #7566 NAME OF APPLICANT: Michael and Maureen Kelly PROPERTY LOCATION: 1450 Marlene Lane, Mattituck,NY SCTM#1000-144-2-35 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 1I category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a nonconforming 10,875 square foot parcel located in the Residential R-40 Zoning District. The northerly property line measures 145.00 feet and the easterly property line measures 75.00 feet and is. Adjacent to Marlene Lane,the southerly property line measures 145.00 feet and the westerly property line measures 75.00 feet. The parcel is improved with a one-story frame residence with an attached wooden deck with stairs leading to a masonry patio all located on the southwest side of the residence. On the masonry patio there is also an outdoor shower. There is an as built 10.0 ft.by 8.1 ft.wood shed located in the most southwest corner of the property. The side and rear of the property is fenced with a six-foot wooden fence as shown on the survey map prepared by Scalice Land Surveying,Jason D. Leadingham, LS, and dated July 2,2021. BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124; and the Building Inspector's August 10,2021 Notice of Disapproval based on an application for a permit to construct an accessory in- ground swimming pool; at 1)more than the code permitted maximum lot coverage of 20%; located at: 1450 Marlene Lane, Mattituck,NY. SCTM#1000-144-2-3 5. RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming pool on a nonconforming 10,875 square foot parcel in the R-40 Zoning District,which will increase the lot coverage from 22% to 26%. In accordance to Article XXIII, Section 280-124, the maximum permitted lot coverage is 20%. ADDITIONAL INFORMATION: The applicant has stated that the wood shed was on the property when they purchased the property in 2005. The Building Department has asked that the shed be relocated to a conforming location, or the applicant will require a variance to maintain it. The amended survey shows that the wood shed (less than 100 sq. ft. in size)will be relocated. Page 2, December 16,2021 #7566, Kelly SCTM No. 1000-144-2-35 Since the septic system is presently located in the location of the proposed swimming pool, the applicant has stated they will install a new sanitary system at the northern location of the rear yard. Other approved ZBA applications for excess of conforming lot coverage in the neighborhood were ZBA#6935 lot coverage granted for 27.3%, application#7447 lot coverage granted for 23.4%,and ZBA#7240 lot coverage granted for 27.9%. The proposed in- ground pool will be 16ft x 30ft. which is not a large pool. The Board inquired about the accuracy of lot coverage as depicted on the survey revised on 10/12/2021. The applicant submitted an amended survey, last revised December 3, 2021, correcting the existing lot coverage as21%, but still proposing a lot coverage of 26%with the addition of the swimming pool FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 2,2021 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The surrounding neighborhood has undergone many changes throughout the years. Many of the parcels have been greatly improved as originally this was a small cottage beach community. A large percentage of the homes have been enlarged and many homes have also installed in-ground swimming pools and required variance relief for excessive lot coverage. The next door neighbor to the applicant has a swimming pool. This request is not uncharacteristic for this area. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The subject property already has more than the code permitted maximum lot coverage so any additions or alterations on the property that would increase lot coverage will require variance relief. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 30% relief from the code. However, the proposed in ground pool is modest in size, numerous prior variances for excessive lot coverage have been granted in the neighborhood, and the pool is proposed to be in a code conforming rear yard that is already screened from view from the street and adjacent properties by a solid wood fence. 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 and is proposing to abandoned the old septic system in the rear yard of the property where the pool is proposed to be located, and to replace it with an upgraded and improved IA sanitary system which will benefit the environment. 5. Town Law 4267-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground 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 Acampora, seconded by Member Dantes, and duly carried, to Page 3,December 16,2021 #7566,Kelly SCTM No. 1000-144-2-35 GRANT the variance as applied for,and shown on the survey map prepared by Jason D.Leadingham,L.S.,and last revised December 3, 2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 2. Drywell for pool de-watering shall be installed. 3. Installation of an Innovative Advanced(UA)Sanitary System approved by the Suffolk County Department of Health Services. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson)Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted (5-0). � eslie Kanes Weisman, Chairperson Approved for filing 1�—I;.e /2021 254 FINAL MAP REVIEWED-BY FSYMBOLEGEND NNT FND ®ATE® .ten.. R- car..-9.FND B.SET `-@�TER0 2P °N.Evanans FM LOT 77 TAX LOT 7 TAX LOT 36 CQ3 UTILITY POLE I GUY WHE UnuTY POLE W/LIGHi CLF*1.2 N69°20'50"F',' " FFEEN 145.00', ucllr POLe I 30.47 :0.5'� SIGN 6•WOOD FEN �/YYYYYYYYy' EDH�,r't^Y'r'YYY"Y,r'1l FIRE HYDRANT ) O WDF DRV; 1 �— PVC FENCSTOCKADE PVC 31.7-► *1.2' cl W\ DRV .��- --o-- STOCKADE FENCE(SM) O 30 ^ ASPHALT DRIVEWAY 3 32.2' < �.�r=` G'.r-- }f \v O s 32 < �I -mac— CHAIN LINK FENCE(aFP I ii W/e.e.CURB cl WrRE FENCE Vj MANHOLE LONG v~i r ` ® 'A'-INLET S 4D I M /�/ ® YARD INLET O 3 * TAX LOT 3S ® YAcO NIT 4 FM LOT 76 • 2 <a J Y A/c unlr TAX LOT 8 137 ELECTRIC METER iII QD•EM4 5GNARSUM8EdIR GR�A� DRIVE_l}AcEN�QAI�.YIM WATER METER .Y, U:5 ,e 8 CAS VALVE 241' 1STTOR FR E RESDG WATER VALVE 1.450 D CE, TEST HOLE E. m IS TREE SHO BECK (22') LARD Rm . VETiA7 Fuc EasTwc :12.0 .6 c� Ck. ti 'I mUmrc v v N ! � D.C.DEPRESSED CURB PROPOSED CFS�QOL a .• 7��\ � Sr.,' ! i rc ,/tom- ©�; �g w PROPOSED INFORMATION FE.FENCE PROVIDED BY OTHERS MAS.MASONRY rq I *24.0' PLAT.PLATFORM Z M � \` Ai�10 z �./ f/ ±39.3' `.,ri -...F--[% - ' m' j °� I PROPOSED w.w. MNDOa vEu W FM LOT 73 • I ary, 'a M LOT COVERAGE i TAX LOT 8 Oa?a' �y OT ` ��cc J `l I LOT AREA B/W BAY 9NNDDW / N `❑. `'�� 1�a A O` ON 1"a( '\ 1 C/E CELLAR ENTRANCE SHD SHD -H MAS.'WALL '� n q N ; on Cq 10,875: S.F. = 0.25± AC. O/H OVERHANG 3.2' >E3.9' R/O RODE OVER SHIED' 0 WQUO FEN. — BUILDING - 1,886± CANT. GENERALLY ON UNE *1.61 �I�EeTO BE RELOCATED) S69°20'50"W :07} 145.00' �D o4 P0�0480* Cl CROSS CUT Tt0.4' DECK = 334: A STARE *3.0'+ CRAW PLAT. = 23± o/L On UNE FEN DRIVEWAY 2,804t S.F. 0.06± AC. i I *OA TAX LOT 34 o w/Be. 26ft LOT COVERED :E2.44b, o 0 + LOT COVERAGE LOT AREA r 10,875± S.F. - 0.25± AC. BUILDING - 1,886* SHED = 81* GRAPHIC SCALE _ _ _ _ _ LOT AREA DECK m 334± PLAT. = 23t 20 D to zo 71TLE dt BOUNDARY NOTES, PECONIC BAY BOULEVARD 10,875: S.F. 2,324± S.F. a AC. 0.25± AC. _21%± LOT COVERED D 1. CONFLICTING MONUMENTATION FOUND IN THE VICINITY OF THIS PROPERTY AND HISTORICAL DEEDS AND OLD (50' WIDE) SURVEYING RECORDS INDICATE THE POSSIBILITY OF HYSICAL 3 12/03 2021 REVISED SURVEY J H J.H, ( IN FEET ) POSmONINNG G�OFRTHE LINES OFTMTHIS PROPERTY. 2 12 02 2021 REVISED LOT COVERAGES J.H J H. 1 inch = 20 it. 1 10/12/20211 REVISED PROPOSED POOL J H. J.L. REV DATE I DESCRIPTION I BY ICHK OF NEW y f TAX MAP NO. Po�O tEAD0p� ti. 1000-14400-0200-035000 SURVEY OF PROPERTY Col - SCALICE v ' ` It JOB No.S21-2017 SITUATE MATTITUCK, TOWN OF SOUTHOLD 0 a n d surveying DATE SURVEYED: 07/02/2021 SUFFOLK COUNTY, NEW YORK �ZS OSG736, Qmjslandsurvey.COm :':631 -957-2400 DR.,MC CREW.:AL SCALE:1" = 20' kA CJ.V °7 uua,aam rrma,o,a row,on o ne swarm!ne° t)ml�Uao°wmGrf °.roJmo,m azeor ral°w•°m�i aP ra>�gn¢mWm GL°7 airr omen awe rms aM tMa owioOl9 w®mit eC aTP2 Ont cm OorQr°¢�V"C WnsUOrf wati raft"°°,wa.(]7�.IeP,aCre°±Are ePwowr°AKY ry mvr tlrr'K reo r°we.,wm w rdOw„os rw os°,roc om,m atct 7 `AND wnicoa,an une sw.os.00r,m N ez,a yaw arc.�rrm�or woNs�onr.um awaw,oe m oannuw,4 wsm o wom°rae r,n,x ma°ar wue•V 4 worm W x aos aasr,n,o xameamea am,ar.eo o rte r°mr wvm,oa,,mID m"m waaowr snnv w.Ny"e mmr�a.s,waw rc for wrnaruc d ne uranw orrnmmiaao.eraooro a a000mea arc rw rmo,.rw,wo amn om a 77rrrm� v ev omoraw rnnvves a aaoe�ns lA®'w e¢aoe�we rrmaorn a aanawirs rt for rawm er nn aw,tr cm ne a>v�(ao row.rom+rroi)ne w,awa w ne)waioar ma rt ew awLSM o use wo 7 na ea°®w a¢as eoaor v ram,arnoc or)s wns wam wwm,e eeu Almm m aworGt ao)w ot,m me a � mmwRvw.m nvflor mwa WOeE)a9 r)n:nor ar.a wwr o rQ aw,a W",°vwa m 1oePwm wM�vma,ms a wmrc Iwq siep�°7 K°qTi@ a ems ar en rm/d psfma!ar wmo►_ww,�mu re,m ry. —..Adam w,r m¢ar wore uw.r.u�-m•oue me��m mmcc � _ . i 1 f � _ NOTES 1 NO 501L SURCHARGE PERMITTED WITHIN 4 FEETOF EXCAVATION ATHESHALLOW END,OR FEETOF EXCAVATION ATHE DEEP END C) 2 TH15 POOL MEETS THE REQUIREMENTS OFAN51/AP5P/ICC-5 AMERICAN NATIONAL STANDARD FOR RESIDENTIAL INGROVND SWIMMING POOL5"AND1996BOCACODE-SECT1ON421 DIVING EQUIPMENT 15_NOT ALLOWED 10° 10° 3 SWI MMINGPOOL SHALL BECOMPLETELY ANDCONTINVOUSLYSURROUNDED WITH ABARRIER CONSTRUCTEDLAW REQVIREM ENTSOF 42fP,ECEI\IE 30' SECTION 8326 4.21 HROUGH R326 42 6 OF TH E NEW YORK STATE RESIDENTIAL CODE(2020)AND IN CONFORMITY WITH ALL SECTIONS OF THE SOUT'HOLD TOWN CODE DWELLING WALL(S)MAY 5ERVEA5 PARTOF THE POOL BARRIERAS PER SECTION 8326 4..2 BAND n Go CONDITION(1)ARE MET OPERABLE WINDOWS IN THE WALL(S)USED ASA BARRIER SHALL HAVE A SELF LATCHING DEVICE.ACCESS GATES O k ® — o SHALL COMPLY WITH SECTION 8326.5 2 OF THE NY5 RESIDENTIAL CODE(2020)AND BE SELF CLOSING,SELF LATCHING AND BE SECURELY_ AUG91 2,. BENCH LOCKED WHEN POOL 15 NOT IN USE OR SUPERVISED ALL GATF5ARE TO OPEN AWAY FROM THE POOL AREA � o U o 4. DURING CONSTRUCTION THE CONTRACTOR SHALL ERECTA TEMPORARY BARRIER AROUND HE EXCAVATION LAW THE CODE OF THE v 3 PPEALS TOWN OFSOUTHOLD Z ZONING BOA+��OFA 5 POOL MUST BEEQVIPPEDWITH ANAPPROVED POOL ALARM CAP6�0. .ABLEOFDETECTING ENTRY INTO HEWAERAND SOUNDING AN ,Z 4. ;20 H2O AUDIBLE ALARM UPON DETECTION THAT 15AUDIBLEATPOOLSIDEANDINSIDE HEDWELLING HE ALARM MUST BE INSTALLED, N A 1120 m {{''-O MAINTAINED AND USED IN ACCORDANCE WITH THE MANUFACTURERS INSTRUCTIONS HEALARM MU5T MEETASTM FL208 C -+� 0 "STANDARD SPECIFICATION FOR POOL ALARM THE DEVICE MUST INDEPENPENT(NOTATTACHED TO OR DEPENDENTON)OF C a MS PERSONS 0 r 6 POOL5VCTIONFlTTINGS(EXCEPT FOP 5VRFACE5KIMMERS)MUSTBEPROVIDED NTH ACOVER HATCONFOKMSTOASME/ANSI d A112.19 SM OR A MINIMUM 18'x 23"DRAIN GRATE ORA CHANNEL DRAIN SYSTEM.POOL CIRCULATION SYSTEM ML15T BE EQUIPPED WITH o ATMOSPHERIC VACUUM RELIEF IN HE EVENT THE GRATE COVERS LOCATED WITHIN THE POOL BECOME M155INGOPBROKEN SUCH VACUUM RELIEF SYSTEMS SHALL CONFORM WITH ASME A1121917 OR BEA GRAVITY SYSTEM APPROVED BY THE TOWN OF SOUTHOLD. POOL SHALL BE PROW DED NTH AMINIMUM OF2SUCTION FITTINGS OFTHE ABOVE MENTIONED TYPE THE SUCTION FITnNG5 SHALL BE B SEPARATED BY A MINIMUM OF3'AND MUST BE PIPED SUCH HAT WATER IS DRAWN THROUGH THEM 51MULTANEOVSLY THROUGH A VACUUM RELIEF-PROTECTED LINE TO THE PUMP COR PUMPS) VACUVM/PRZSVRE CLFj%NING FITTINGS SHALL BE IN AN ACCE551BL.E PLAN POSITION,MINIMUM OF 6"AND NO GREATER THAN 12'BELOW THE MINIMUM OPERATIONAL WATER LEVEL OR BEAN ATTACHMENT TO THE SKIMMER/SKIMMERS A REQUI RED POOL ATMOSPHERIC VACUUM REUEF SYSTEM SHALL BE INSTALLED AS PER NYS RESIDENTIAL CODE N.T.S. 83266.3(2020)AND IN ACCORDANCE WITH TOWN CODE 7. ALL ELECTRICAL WORK SHALL COMPLY WITH HE REQUIREMENTS OF NFPA 70 CNEC)PRINCIPALLY ARTICLE 680 AND HE NYS RESIDENTIAL CODE SECTIONS 4201 THROUGH 4206.ALL ELECTRICAL DEVICES MUST BE APPROVED BY UNDERWRITERS LABORATORIES ANP BE PROTECTED BY A GROVN D FAULT CURRENT INTERRUPTER(GFC0 CURRENTCARRYING ELECTRICAL CON DUCTORS EXCEPT FOR HOSE V 16'VINYL COVERED SEEPS PROVIDING POWER TO POOL LIGHTING AND POOL EQUIPMENT SHALL MEET THE SEPARATION REQUIREMENTS OF TABLE E42035 ALL METAL ENCLOSURES,FENCES 08 RAI UNGS NEAR ORAWACENT TO THE SWIMMING POOL THAT MAY BECOME ELECTRICALLY CHARGED QJ Al E, 4 DUE TO CONTACT WITH AN ELECTRICAL CIRCUIT SHALL BE EFFECTIVELY GROUNDED QJ c \ 2'f6" H = 8 WATER SOURCE FILLING E POOL SHAD BE EQUIPPED WITH A BACKFLOW PROTECTION DEVICE LAW NYS PLUMBING CODE608. Ln 0 C 2'TO S'SAND BOTNM Y �'- 9 ALL PIPING{S DIAGRAMMATIC VNLE55 OTHERWISESTATED 0 A Z c1 10 WALKS IF PROVIDED SHALL BE NONSLIP AND SLOPE AWAY FROM POOL EDGE ami ,3 SECTION A 11, A MEANS OF EGRESS FOR DEEP AND SHALLOW ENDS MV5TBE PROVIDED LAW AN51/AP5P/ICC-5 SECTION 6 C) .+ 0 0 L R N.TS 12 CONTRACTOR TO PLACE THE POOL LAW TOWN OFSOUHOLD CODE SETBACKS WATER LINE TOP OF WALL 13 ALL DRAINAGE FROM THE POOL SHALL BE MAINTAINED ON THE SUBJECT PROPERTY. 15 THE DESIGN 15 BASED ON A PPAINAGE501L WITH<tOASILT GROUND WATER SHALL NOT MST WITHIN HE EXCAVATION IFGROUND ° WATER EX15TS WITHIN 6'-O'FROM GRADE,DEWATERING FACILITIES WILL BE REQVIRED. 16. ALL GAS AND OIL HEATERS(IF INSTALLED)FOR THE INGROVND SWIMMING POOL SHALL BE NATIONAL APPLIANCE EN ERGY ____ __ - -----------------------— — ------ ----- -—CONSERVATION ACT(NAECA)COMPLIANT--POOL-HFAERS SHALL-BE TESTED IAW AN5i-Z2i.56 AND SHALL-BE INSTALLED IAW _ — MANUFACTURERS SPECIFICATIONS OIL FIRED POOL HEATERS SHALL BE TESTED LAW LIl7 6 POOL HEATERS SHALL BE LOCATED OR GUARDED TOPROTECT AGAINST ACCIDENTAL CONTACTOFHOT SURFACES BYPER50NS POOL HEATER5SHALL BEPROVIDEDWITH TEMPERATURE AND PRE55VRE-RELIEF VALVES FOR HEATERS NOT PROVIDED WITH AN INTEGRAL BYPASS SYSTEM A BYPASS LINE SHALL BE SECTION B INSTALLED FROM INLETTOOUTLETTOADJV5TV'VATERFLOW THROUGH THE HEATER. POOL HEATERS SHALL BE PROVIDED WITH THE ^ FOLLOWING ENERGY CONSERVATION MEASURES W oo NTS. 16.1 AT LEAST ONE HERM05TAT5HALL BE PROVIDED FOR EACH HEATING SYSTEM �I o 16 2 ALL POOL HEATERS SHALL BE EQUIPPED WITH AN ON-OFF SWITCH MOUNTED FOR EASY ACCESS TO ALLOW SHUTTING OFF THE OPERATION OF THE HEATER W IHOUTADJ VSTING THE THERMOSTAT SETTING AND TO ALLOW RESTARTING WITHOUT RELIGHTING HE z 2-2a PILOT LIGHTC 16 3 HEATED SWIMMING POOLS SHALL BE EQUIPPED WITH A POOL COVER(EXEMPTED FROM HIS REQUIREMENTARE OUTDOOR POOLS l' M CHECK VALVE COPING AND WALKWAY 10' PER 20%OF THE ENERGY FOR HEATING FROM RENEWABLE SOURCES AS COMPUTED OVER AN OPERATING SEASON) w ti r N ►•1 csvonlERs) 16 4 TIME CLOCKS SHALL BE I NSTALLEP 50 TH E PUMP CAN BE SET TO RUN DURING OFF-PEAK ELECTRICALDEh1ANDPERIODSANDCANBE5E1 W ¢r d r m co PUMP FRO�15KLw»EF WATER LINE GRADE TO RUN THE MINIMUM TIME NECFSSARYTO MAINTAIN THE POOL WATER IN A CLEAN AND SANITARY CONDITION LAW APPLICABLE �„ y a SANITARY CODE OFNEWYORK5TATE L..nq Y �n 3 q* to to TO DISP05AU • V N E^^C a 17 THISDRAWINGISF085TRVCTURALSHELLONLY.ALL ACCESSORIES AND DRYWt �LA LL VN06NRBED EARn{ _ M co / • MYtDM i^ Eo J// 3500 PSI POURED CaNc °; 18. BACKFILL W H CLEAN FART?,FREE Of ROOTS aND DEBRIS DO NOT ALLOW HE HEIGHTOF BACKFlILL TO IXCEED HE HEIGHT OFHE N p m f 5z WATER IN THE POOL BY MORE THAN 8',OR THE WATER TO EXCEED BACKFILL BY MORE THAN 8' Y a is u VALE R O ;(t3'REISAR 21TVP • 7 C • 19 PLACE CONCRETE ON SANDY TO LOAM SOIL REMOVE ANY CLAY DEPOSITAND REPLACE W/COMPACTED CLFAN BACKFILL N a , VINYL LINEA W ° o 2'TO 4'SAND / • 20 THERE IS NO MAIN DRAIN IN HIS POOL SUCTION FOR POOL WATER CIRCULATION 15 PROVIDED BY THE SKIMMERS ONLY THI5 MEETS U m FILTER �_.._/ REQUIREMENTS OF THE NYS RESIDENTIAL CODE-SECTION R326 5 FOR ENTRAPMENT PROTECTION 'C 21 HE POOL WAS DESIGNED LAW HE FOLLOWING. of NEI. TO RENRN5 211 THE NEW YORK STATE RESIDENTIAL CODE-SECTION 8326(2020) Y� 212 THE NEW YORK STATE ENERGY CONSERVATION CONSTRUCTION CODE-SECTION 840310(2020) CHECK VALVE VERTICALOSHWN)REBAR©3'OC 213 THE N EW YORK STATE FUEL GAS COPE 214 THE NEW YORK STATE SANITARY CODE 20 0) �,�y�Q PLUMBING SCHEMATIC 215 AN51/APSP/ICC-5 STANDARD FOR RESIDENTIAL IN-GROUND SWIMMING POOLS c N T.5216 BOCA CODE-SECTION 421 1k WALL SECTION 217. CODE OF HE TOWN OFSOUHOLD. r=j i LY N.T.S 22, ALL BACKWASH TO BE SELF-CONTAINED ON-SIE b �40FESS10��`" DEC ; Z021' December 23, 2021 Southold Town Zoning Board of Appeals �r a A A Dear Chairperson Weisman and Board Assistant Fuentes: V U I received the ZBA finding regarding my request for Variance#7566, and 1 respectfully request that the Board's Condition#3 "Installation of an Innovative Advanced (I/A) Sanitary System approved by the Suffolk County Board of Health Service" be withdrawn because an I/A system in not required. Please consider the following: In response to a question from a Board member at the December 2, 2021, ZBA meeting regarding my need to relocate/replace my existing cesspool and possible requirement for installation of an improved IA sanitary system instead of a proposed conventional Septic system, I, in that question/answer exchange, did not specifically agree to install an improved IA system (see"Findings of Fact item#4 Town Law 267-b(3)(b)(4)). I remarked something to the effect that if required I would have to consider it, but the cost is high. My subsequent research determined that an approved Suffolk County Department of Health Wastewater Management(SC OHWWM) I/A system would cost at least$13,000 more than an approved SCDOHWWO IdUghtional system plus$750 annual maintenance/utility cost. Additionally, my pool project does not meet any existing State, County or Local criteria for any available grant funding. Following receipt of ZBA Variance Finding letter and approval of my Variance I emailed SCDOHWWM on December 22nd regarding I/A system installation requirement criteria. In response, Regional Supervisor Jimmy Trent called me and stated that an I/A Septic system is not requiredand a conventional system meets SCDOHWWM requirements for my project. Mr.Trent also responded via email (see attached email and SCDOHWWM Guidance Memorandum#8) that my project does not "meet the Department's I/A requirements" for such installation. Please contact me at your earliest convenience should you require additional information as I would like to proceed with this project and have the pool installed this spring. l apologize for the additional administration of this matter. Reg hael' ' MecelIyZ-� Attachments:Trent email,SCD H Memorandum#8 mkeU156optonline.net From: Trent,James <James.Trent@suffolkcountynygov> on behalf of Health WWM <healthWWM@suffolkcountynygov> Sent: Wednesday, December 22,2021 11:07 AM To: 'mkellyl5@optonline.net' Subject: RE:Relocate/Replace My Residence Septic System Attachments: Guidance Memorandum 08-Guidelines for Existing Renov or Reloc 8-9-21 (2).pdf Mr. Kelley, See attached Guidance Memorandum#8 outlining for when an I/A OWTS is required by this Department According to your email below,your project does not appear to meet the Department's I/A requirements From: Health WWM Sent: Wednesday, December 22,202110:44 AM To:Trent,James Subject: FW: Relocate/Replace My Residence Septic System From: mkeliyl5@optonline.net[mailto:mkellyl5@optonline.net] Sent:Tuesday, December 21, 20212:56 PM To: Health WWM Subject: Relocate/Replace My Residence Septic System ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Mr. Trent: I am planning to install an inground pool at my residence located at 1450 Marlene Lane, Mattituck. Attached is a survey and house schematic of the property. My existing Cesspool is located where the proposed pool would be located and I plan to install a new Septic system along the north property line. Note that the survey shows a 33' space from the north property line to the pool edge that will conform to setback standards of 5'from property line and 20' from pool edge. I have approved Southold Building and Zoning Board permits. I am not doing any other type construction on my residence and the house consists of 3 bedrooms, 2 bathrooms. A Septic system installer advised that a test well to determine groundwater depth and soil (I believe the existing depth is 11') is necessary. I will have that done in January 2022. He also said, depending on septic system type, I would require the services of a design engineer for the new install and submission of applications to SCDOH. He also said that the SCDOH might 1 require a newer OWTS septic system that would cost about$20,000 plus electric installation and additional design engineer cost. �-r Before I continue with this and proceed with SCDOHWWM permits I would appreciate if you would advise on what type system 1 have to install to be incompliance with existing regulations. i Regards, Mike Kelly 516-729-3764 2 COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY ExEclrm DEPARTMENT OF HEALTH SERVICES GREGsoN H.Moon,MD,MPH COMMISSIONER August 9,2021 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES OFFICE OF WASTEWATER MANAGEMENT GENERAL GUIDANCE MEMORANDUM#8 GUIDELINES FOR PERMIT REFERRAL FOR APPROVAL OF SEWAGE DISPOSAL SYSTEMS AND WATER SUPPLIES FOR EXISTING,RENOVATED,OR RELOCATED SINGLE-FAMILY RESIDENCES I. AUTHORITY The Suffolk County Sanitary Code ("SCSC") sets forth requirements for approval of water supplies and sewage disposal systems. The statutory authority for these guidelines can be found in Article 5 Section 760-502,Article 6 Section 760-606, and Article 7 Section 760-705A. Detailed specifications can be found in Standards for Approval of Plans and Construction-Sewage Disposal Systems for Single-Family Residences("Residential Standards"). U. PURPOSE This document is intended to aid building and planning departments of local jurisdictions in determining when an applicant proposing renovations, additions, alterations, relocation or reconstruction to pre-existing single-family residences should be referred to and may be required to obtain a Permit to Construct from the Suffolk County Department of Health Services ("SCDHS", "Departmenf). If required, permits must be secured from the Department's Office of Wastewater Management prior to commencement of any construction. M.DEFINITIONS Applicable definitions pertaining to this guidance memorandum may be found in SCSC Article 6 ("Article 6"),Section 760-603 and the Residential Standards. IV.DEPARTMENT APPROVAL REQUIRED The Department will require submission of a complete application packet, and must issue plan approval for sewage disposal system(s) and/or water supply for a single-family residence under the following circumstances: A. RELOCATION: ply 1. When any part of an existing sewage disposal system must be relocated for any reason related to renovation or reconstruction of the single-family residence. One example of this condition is expansion of a building footprint closer to the sewage disposal system. A When any part of an existing sewage disposal system must be relocated to accommodate construction of non-habitable accessory structures such as swimming pools,sheds,etc. General Guidance Memorandum#8,Page 1 of 4 #DIMON OF ENVIROWWAL QUMJN*OFRCE OF WASIBVATM MANAC,EMENT060 YAPtVMAVENUE.SUITE 2C*YAPHW NY 11980* PHONF (631)882.5700 FAX (831)&%-TM h0.'$0�,��, OO 3. When any part of an existing sewage disposal system must be relocated due to municipal zoning changes,lot line changes,or other regulations,which may require relocation B. EXPANSIONS/ADDMONS: 0/9 1. When a new and separate sewage disposal system is to be installed or a new exterior waste line is to be added due to constriction of additions, conversions to another use,renovations, or to accommodate accessory buildings. C. EXISTING SYSTEMS: N a 1. When a residence is proposed to be reconstructed after a:fire, storm,or other natural disaster. Installation of new sewage disposal facilities and/or water supply may be required by the Department and/or local municipality. N#2. When an addition or renovation is proposed for a structure that was originally constructed prior to 1973 and any increase in the number of bedrooms is proposed. me 3. When an addition or renovation is proposed for a structure that was originally constructed after 1973 and increases the number of bedrooms in the structure to Greater than four. However, in the case of a dwelling that was issued an Approval of Constructed Works by this Department specifying the maximum number of bedrooms permitted, no new application shall be required if the proposed total number of bedrooms does not exceed the number specified on the previous approval. 04. Any accessory apartment application that results in the conditions in either item 2 or 3 above. Nos. When a building renovation, addition or conversion is proposed and it is determined by a licensed design professional or other involved municipal agency that the existing sewage disposal system is inadequate and must be upgraded or replaced tie 6. When there is a change in use of the dwelling unit. Examples of this would be addition or conversion of space for a professional office or a business use. NOTE: For the purpose of septic tank sizing; at the discretion of the Department, a 900 to 1,000 gallon septic tank installed prior to July 1, 2018 may be grandfathered to allow for up to 4 bedrooms, with the submission of proof of the installation date for review at the time of permit application. V. DEPARTMENT APPROVAL NOT REQUIRED The Department will not require the submission of an application packet and the issuance of a Permit to Construct for existing sewage disposal systems for single-family residences under the following circumstances: i A. When a sewage disposal system is replaced or when expansion pools are installed solely as the result of failure of the sewage disposal system and not related to building modifications. Replacements and expansions are required to be performed by a contractor licensed by Suffolk County Office of Consumer Affairs. Contractors are required to follow installation procedures stated in Standards for Approval of Plans and Construction Sewage Disposal Systems for Sin e-Family Residences, Standards for Procedures for the Replacement and Retrofits of Existing Sewage Disposal Systems for Single-Family Residences and Other than Sin e-Family Residences as well as any Sanitary Code requirements in effect at the time of installation. B. When additional plumbing fixtures are installed,without change in use or addition of bedrooms or dwelling units,and piped through an existing exterior waste line. C. When the footprint or gross floor area of the residence is increased without change in use or addition of bedrooms or dwelling units, and the increase does not affect the location of sewage General Guidance Memorandum#8,Page 2 of 4 disposal or water supply systems and it is determined by a licensed design professional or involved agency that the existing sewage disposal system is adequate and does not require upgrading or replacement. D. When the residence is connected to public sewers and the Suffolk County Department of Public Works will not require a new S-9 form for this project. VI.THE INSTALLATION OF AN INNOVATIVE AND ALTERNATIVE ONSITE WASTEWATER TREATMENT SYSTEM (]VA OWTS), WITH DEPARTMENT APPROVAL PER SECTION III OF THIS GUIDANCE MEMORANDUM, IS REQUIRED WHEN: ?IV A. An existing residence is demolished and a new residence is proposed to be constructed. 01? B. Modifications/additions to the existing residential structure would be classified as Major Reconstruction. N° C. The addition of one or more bedrooms to an existing residence is proposed unless the one of the conditions of Section VII.are met. N o D. There is an existing Health Department approval for the.sewage disposal system of the residence*and the number of previously approved bedrooms is proposed to be exceeded unless conditions of Section VII.C.b are met. V9 E. There is no existing Health Department approval for the sewage disposal system of the residence and the proposed final number of bedrooms will exceed five (5) or the gross floor area/footprint is proposed to be increased. VII. THE INSTALLATION OF AN INNOVATIVE AND ALTERNATIVE ONSITE WASTEWATER TREATMENT SYSTEM (I/A OWTS) IS NOT REQUIRED. BUT DEPARTMENT APPROVAL IS REQUIRED PER SECTION III OF THIS GUIDANCE MEMORANDUM,WHEN: /A. The residence is located within an existing or proposed sewer district as approved by the Commissioner in accordance with Department standards. B. The construction is for the installation of sanitary facilities to serve a residential accessory building only (e.g. pool house, garage, barn, etc.) that does not have any bedrooms/sleeping quarters. C. The proposal is not classified as Major Reconstruction and either of the following are met: a. There is an existing Health Department approval for the residence and the number of previously approved bedrooms is not proposed to be exceeded b. The proposed final number of bedrooms will not exceed five (5) or the gross floor area/footprint is not proposed to be increased *For existing residential dwellings, the IIA OWTS is permitted to be installed to serve the addition only. VII. APPLICATION FEES A. When a permit is required, each application is to be accompanied by a check or money order, payable to Suffolk County Environmental Health, according to the current fee schedule. The minimum application fee is the "Update Fee" where the existing sewage disposal and water supply systems are determined to be adequate. Additional fees may be required, depending on the extent of required construction and inspections by the Department. General Guidance Memorandum#8,Page 3 of 4 DL EFFECTIVE This document is for guidance purposes only and becomes effective for applications received after the date of this memorandum. This document should apply in most cases, but it is not a standard and is not meant to substitute for the discretion and common sense of the reviewing engineer. Sfgaaatae arc Ae Issued by: Craig Knepper,PE,Chief Office of Wastewater Management REV. June 7, 1999,January,2002,September 30,2004,March 20,2019,August 8,2021 L General Guidance Memorandum#8,Page 4 of 4 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 'QF SO(/jy 53095 Main Road- P.O. Box 1179 Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes Town Annex/First Floor, Robert Lehnert,Jr. Yp� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Ol,YCO(111� Southold,NY 11971 RECEIVED http://southoldtownny.gov 4- 6 VgP4! A ZONING BOARD OF APPEALS 0 EC 2 2 2021 TOWN OF SOUTHOLD �o Tel.(631)765-1809-Fax(631)765-9064 S thold TbClerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 16, 2021 ZBA FILE: #7566 NAME OF APPLICANT: Michael and Maureen Kelly PROPERTY LOCATION: 1450 Marlene Lane,Mattituck,NY SCTM#1000-144-2-35 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration.in this application and determines-that this review falls under the Type Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATNE CODE: This application was not required to be referred to the Suffolk 'County Department of Planning under the'Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The.,relief; permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268.' PROPERTY FACTS_/DESCRIPTION: The-subject property is a nonconforming 10,875 square foot-parcel located in the Residential R-40 Zoning District. The northerly property line measures 145.00 feet and the easterly property line measures 75.00 feet and is.Adjacent to Marlene Lane,the southerly property line measures 145.00 feet-and-the westerly property line measures 75.00 feet. The parcel is improved with a one-story frame residence with an attached wooden deck with stairs leading to a masonry patio all located on the southwest side of the residence. On the masonry patio there is also.an outdoor shower. There is an as built 10.0 ft.by 8.1 ft.wood shed located in the most southwest corner of the property. The side and rear of the property is fenced with a six-foot wooden fence as shown on the survey map prepared by Scalice Land Surveying,Jason D.Leadingham,LS, and dated July 2,'2021. BASIS OF AP-PL-ICATION: Request for Variance from Article XXIII, Sections 280-124; and the Building Inspector's August 10,2021 Notice of Disapproval based on an application for a permit'to construct an accessory in- ground.swimming pool;at 1)more than the code permitted maximum lot coverage of 20%; located,at: 1450 Marlene Lane, Mattituck,NY. SCTM#1000-144-2-35. { RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming pool on a nonconforming 10,875 square foot parcel in,the R-40 Zoning District,which will increase the lot coverage from 22% to 26%. In accordance to Article XXIII, Section 280-124,the maximum permitted lot coverage is 20%. ADDITIONAL INFORMATION: The applicant has stated that the wood shed was on the property, when they purchased the property in 2005. The Building Department has asked that the shed be relocated to a conforming location, or the applicant will require a variance to maintain it. The amended survey shows that the wood shed(less than 100 sq. ft. in size)will be'relocated. Page 2,December 16,2021 #7566,Kelly SCTM No. 1000-144-2-35 Since the septic system is presently located in the location of the proposed swimming pool, the applicant has stated they will install a new sanitary system at the northern location of the rear yard. Other approved ZBA applications for excess of conforming lot coverage in the neighborhood were ZBA#6935 lot coverage granted for 27.3%, application#7447 lot coverage granted for 23.4%,and ZBA#7240 lot coverage granted for 27.9%. The proposed in- ground pool will be 16ft x 30ft. which is not a large pool. The Board inquired about the accuracy of lot coverage as depicted on the survey revised on 10/12/2021. The applicant submitted an amended survey, last revised December 3,2021, correcting_ the existing lot coverage as21%, but still proposing a lot coverage of 26%with the addition of the swimming pool FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 2, 2021 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 X267-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 surrounding neighborhood has undergone many changes throughout the years. Many of the parcels have been greatly improved as originally this was a small cottage beach community. A large percentage of the homes have been enlarged and many homes have also installed in-ground swimming pools.and`required variance relief for excessive lot coverage. The next door neighbor to the applicant has a swimming pool. This request is.not,uncharacteristic for this area. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The subject-property already-has more than the code permitted maximum lot coverage so any, additions or alterations on the property that would increase lot coverage will require variance relief. 3. Town Law.4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 30%relief from the code. However, the proposed in ground pool,is modest in size, numerous prior variances for excessive lot coverage have been granted in the neighborhood, and the pool is proposed to be-in a code conforming rear yard that is already screened from view from the street and adjacent properties by a solid wood fence. ' 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest.that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with .Chapter 236 of the Town's Storm Water Management Code,and is proposing to abandoned the old septic system in the rear yard of the property where the pool is proposed to be located, and to replace it with an upgraded and improved 1A sanitary system which will benefit the environment. 5. Town Law 4267-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 in-ground 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 Acampora, seconded by Member Dantes, and duly carried, to Page 3,December 16,2021 #7566,Kelly SCTM No. 1000-144-2-35 GRANT the variance as applied for,and shown on the survey map prepared by Jason D.Leadingham,L.S.,and last revised December 3,2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures. 2. Drywell for pool de-watering shall be installed 3. Installation of an Innovative Advanced(UA)Sanitary System approved by the Suffolk County Department of Health Services. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision mull and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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. Any,deviation from the survey,-site plan andlor architectural drawings cited in this decision will result in.delays and/or-o possible denial by the Building Department of a;building permit, and m."ay.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_Vemolitions,_are not authorized,under this'applieation.when_invp6ing' nonconformities under the zoning code. This action does"not authorize or condone any-current or future use, setback or other feature of the-sul jectproperty that may violate the Zoning Code, other than such uses, setbacks and other features as'are ex pressly•addressed in this action. •In,the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; trnd failrzi^e to comply therewith will render this approval null and void. Pursuant to Chapter 280-146(13)of the Code of the Town of Southold any variance granted by-the Board of Appals shall become null and void where a Certificate of Occupancy has not been procpred,and/or a subdivision map has not been filed with the Suffolk County.Clerk, within three(3)year's from the date such variance yeas granted. The Board of Appeals may,upon written request prior to the date oi`expiratron; grant an extension not to exceed three(3)consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson)Dantes,Acampora,Planamento and Lehnert. This Resolution was.duly,adopted(5-0). 4eslie Karnes Weisman, Chairperson Approved for filing ��/ /2021 i RECEIVED FORM NO. 3 AUG 10 202i TOWN OF SOUTHOLD V I BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: June 7,2021 RENEWED: August 10,2021 AMENDED:August 10,2021 TO: Michael&Maureen Kelly 1450 Marlene Lane Mattituck,NY 11952 Please take notice that your application dated June 4,2021: For permit to: cQristriict an accessoryin-rrourid swimmih�_ 61 at: Location of property: 1450 Marlene,Lane,Laurel,NY County Tax Map No. 1000 - Section 144 Block 2 Lot 35 Is returned herewith and disapproved on the following grounds: The prouosed'construGtion;on -ndiiconforminsi10.875 sq.ft.lotiin-the-R-40 bistrict is ocit permitfed purstiantta Article XXIII Section 280-124-which,states'-lats,measurina less than 20,000 square feet in total size require a maximum lot coverage of 20% The plan notes the lot coverage at 26%. Authorized sign e Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: tile,Z.B.A. Fee:$ Filed By. Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE 1 RECEIVED House No. street Ola rl e-y e- I-A we, Hamlet i+'V1 a f {-+ --v a !G SCTM 1000 Sectionj�iABlock_D 2- Lot(s) �qLot Size IQ 76- Zone AUG 10 2021 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTORONING BOARD OF APPEALS DATED BASED ON SURVEY/SITE PLAN DATED_ ,d?-�!?�4 2 i y 3lSiW aJ— Owner(s): Mt&LteA A. i HA U r+et%vi kP.d 1Y Mailing Address: ,1ILTV M Ay"r% 1-& !'i c+-�'�-� t'f/G�� t� E 19 rZ- Telephone:&-1&-72,?-,3;16' ax: Email: ki 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 Repr-ese tative: N/ 1q for(_)Owner-(-Oth re Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names. ()D Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: ( Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not note the code.) �Q Article: �j Li Section: a�� Subsection: `1Q Type of Appeal. An Appeal is made for: (4 A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (V has not been made at any time with respect to this Property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing thrs question or call our office for assistance) Name of Owner. ZBA File# Z REASONS FOR APPEAL(Please be spec:_ additional sheets maybe used with preparer's signature notarized): ��oper,.,, d f91�i?� S �D�p % Z 7SS CX ss 4-1 fprot7 0 00 ( �lgDSt-Ee ltc 3 Ct Queg, q& 1.An undesirable chap a wAl not be prPduced in the CHARACTER of the neighbor trr a dI&nent to nearby , properties if granted,because: n e t w 01041,t �-P„�EIVED R64cr�2 0� ,�' � h b s ova Inas »o e��c�-�-- o�► CI� � �ear 6� `�,,©pe,0+ .td EF- vur«"'tc0, L4 �v�us� �ed AUG 10 2021 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to purs-M)NING BOARD OF APPEALS other than an area variance,because: at✓�` (its S A(-� foo! Wndid b� !oe . A � �w �- - I, s r 01 3.The amount of relief requested is not substantial because: f Oi~jC� 38gsP= vomer- ail��-�d Idt�iCdopt� sl�a'zG� 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or�district because: eA 1 �n O1AV-64,e— I—A VV ' t� G1 -4 fit- her, it-her, have— 4"rs`H� let - fj'%PVA pcAg 5.Has the alleged difficulty been self-created? { }Yes,or No Why: dui+, t elAa— Are there any Covenants or Restrictions concerning this land? )(No {}Yes(please famish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applic nt or Authorized Agen �r^ (Agent must submit written Authorization from Owner� Swo o before me this "ll1 y of 20 c Notary Public WILLIAM P.NOUN Notary Public,State of New York No.02NO5070155 Qualified in Nassau County Commission Expires Dec.9,209 -- ,®a,a TO'VVi OF SOUTHOLD—BUILDING DEPAYtTKENT K Town Matt Annex 54375 Main Road P.O.Box 1179 Southold,NY I I97I-0959 Telephone Tele p (631)765-1802 Fax(631)765-9502 hitns:/hxnvw.southoldtoxamnv Dov Date Received APPLICATION FOR BUILDING PERMIT RECEIV ? For Office Use only �AUG14 2 21 � PERMIT NO. Building Inspector: ZONING BOARD APPEALS Applications and forms must be filled out in their entirety.Incomplete applications will not be accepted.Where the Applicant is not the owner,an Owner's Authorization form(Page 2)shall be completed. Date:5/26/2021 OWNER(S)-OF PROPERTY: Name:Michael & Maureen Kelly SCTM#1000-144-02-35 Project Address:1450 Marlene Lane, Mattituck, NY!1952 Phone#:516-729-3764 Email:mkelly15@optonline.n_et Mailing Address:Same as abOVe CONTACT PERSON: Name:Michael Kelly_ Mailing Address:Same as above Prone#-516-729-3764 Email:mkelly15@optonline.net DESIGN PROFESSIONAL INFORMATION: Name: Mailing Address: Phone#: Email: CONTRACTOR INFORMATION: Name: ((a T3 I Mailing Address: Phone#: Email: •DESCRIPTION OF PROPOSED CONSTRUCTION ❑New Structure ❑Addition ❑Alteration ❑Repair ❑Demolition Estimated Cost of Project: ❑Other161A30'in-ground pool d1` $38,000 Will the lot be re-graded? ®Yes El No Will excess fill be removed from premises? ®Yes El No 1 - - _ PROPERTY INFORMATION:= - Existing use of property:Single family ho Intended use of property Zone or use district in which premises is situated: Are there any covenants and restrictions with respect to Mattltuck this property? ❑Yes BNo IF YES,PROVIDEA COPY. 19 Check Box After Reading:,Theowner/contractor/design processional is responsible for all drainage and storm water¢sries as provided by `Chapter236ofthe Town Code.APPUCATIONISHEREBY MADEtothe Building Department for the'issuance ofaBuilding Permit pursuant tothe Building Zane. Ordinanceofthe TownofSouthold,Suffolk,County,-New York and other applicable taws,OrdinencesorRegulations,iortheconstructionofbuildings,, Ktl..lI� -D additions,alterations or for removal or demolition as herein described:-The applicant agrees to comply with all applicable laws,ordinances,building code, housing code and regulations and to admit authorized inspectors on premises and in buildings)for necessary inspections'.False statements made herein are - punisha6leas a[lass Amisdemeanor pursuant to Section 210A5 of the New York State Penal taw_ „. _ AUG-1.0 I If0 2O^1 Application Submitted By(print na e):Michael A. kellypAuthorized Agent o ING BOARD F APPEALS Signature of Applicant: ',1 t6 �ki� Date 5/26/2021 STATE OF NEW YORK) SS: COUNTY OF Suffolk ) Michael A. Kelly being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)he is the Owner (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his/her knowledge and belief;and that the work will be performed in the manner set forth in the application file therewith. Sworn before me this day of 20� iL Notary Public 1Ai WAM P NOLAN PROPERTY OWNER AUTHORIZATION NOtarY Public)State of N No.02NO5070155 York (Where the applicant is not the owner) Qualified in Nadu COU COMMiSSiOn EVires Dec,S 20 421 I. residing at do hereby authorize to apply on my behalf to the Town oySout oldBuilding Department for approval as described herein. 5/26/202'1 Owner's Signature Date Michael A. Kelly ` Print Owners Name 2 pp APPLI�CANT'S PROJECT DESCRIPTION APPLICANT:M ea6(i I Q• ® l�y^e Pe'` DATE PREPARED: zo 7-- 1.For Demolition of Existing Building Areas Please describe areas being removed: N I w RECEIVED Vim' 11.New Construction Areas(New Dwelling or New Additions/Extensions): AUG 10 2 0 21 Dimensions of first floor extension: N/a Dimensions of new second floor: 910 -7QNQI G� BOARD OF APPEALS Dimensions of floor above second level: P1 V1 Height(from finished ground to top of ridge): IV 10 Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to fust floor: 111.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1y 1 Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2-0896r Proposed increase of building coverage: Al PO S P X„ -G^OL- { P6 v Square footage of your lot: 10, 0 7,Y-,S c=! Zo% Z 17 55 b= Percentage of coverage of your lot by building area: 2 W6 P + 6 006j= Pod` co very b y.3885 sO V.Purpose of New Construction: 6 X,3DY qP0 Sh-) X--,— G�rou4 Pcx� lSY✓e rGC la � cu c �-�c.� � h[tv !i C w Arles SZA`_ YA ' j ' G,'I v� -S P SCI Y•P/✓r i✓G�L4 VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Eled Please submit S sets of 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. 4/2012 HONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes __)� No B. Are there any proposals to change or alter land contours? RECEIVED _16( _No Yes please explain on attached sheet. AUG 10 2021 C. 1.)Are there areas that contain sand or wetland grasses? 1\1 D ZONING BOARD OF APPEALS 2.)Are those areas shown on the survey submitted with this application? d 1 / A 3.)Is the property bulk headed between the wetlands area and the upland building area? to o 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No 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? 0-1,9 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe:- G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. r I. Please list presentu a or operations conducted at this parcel JZ e-9iA&V-C.P' eK'lk'4hr.s c yr le PUM 11y and the proposed use CtCA.A i 4- w" &�:- rvv.•[( V'CA (ex:existing single family,proposed: same with garage,pool or other) Autho 'zed signature and Date J FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED / TOWN CLERK'S OFFICE (T� SOUTHOLD. N. Y. • AUG 10 2021 ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No. Z.297.5. . . . Date . . . .. . . .. .. . Jan.2 .. . . . . . . .11968. THIS CERTIFIES that the building located at . .:?!a . .liarline..Lana . . . . . Street Map No. .XX. . .. . . . Block No. .. .. . . .Lot No. . .3m. . ...y;rttituck�..1:.Y..... conforms,substantially to the Application for Building Permit heretofore filed in this office dated . ... .. .. . . . . .4Qt. . .19. ., 19.65. pursuant to which Building Permit No. .2904Z . dated . . . . . . . . . . . .Oct . .19 . . ., 19.6 .,was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy for which this certificate is issued is . .Friva te, ,one,z :��3,y..ft.q,IJXI .. . . .... . . .. . .. ... .. ..... .. .. .... ... The certificate is issued to . 4Ph4e1. R41449W:.... . ... ...Owner.. . . .. . . ...... . (owner, lessee or tenant) of the aforesaid building: Suffolk County Department of Health Approval . . . . ..Taa_..29.1968...by.IL,.Vina Building Inspector s FORM NO. 4 RECEIVED TOWN OF SOUTHOLDQ� BUILDING DEPARTMENT Office of the Building Inspector AUG 10 2021 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z-28177 Date: 01/18/02 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property: 1450 MARLENE LA LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 144 Block 2 Lot 35 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 9, 2001 pursuant to which Building Permit No. 27825-Z dated NOVEMBER 20, 2001 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 CONVERT EXISTING ATTACHED GARAGE INTO LIVING SPACE & DECK ADDITION TO EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to THOMAS SALADINO (OWNER) of the aforesaid building. SQFFOLK COUNT DEPARTMENT OF HEAL= APPROVAL N/A ELECTRICAL CERTIFICATE NO. PENDING 01/14/02 PI,JMBEM CERTIFICATION DATED N/A 4dthorizigd Signature Rev. 1/81 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD ,.A U G 10 2 0 21 BUILDING DEPARTMENT - Office of the Building Inspector Town'Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31217 Date: 10/13/05 TRIS CR1M7M that the building ADDITION Location of Property: 1450 MARLENE LA LAUREL (ROUSE N0:) (STREET) (HAMLET) County Tax Map No. 473889 Section 144 Block-2 Lot 35 " Subdivision Filed Map No Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 18, 2005 pursuant to which Building Permit No. 30985-Z dated MARCH 1, 2005 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 ADDITION & DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to 'MICHAEL A & MAUREEN 'KELLY (OWNER) of the aforesaid building. SUFFOLK COUPTY DEPAR7KENT OF HBALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2055398 09/27/0 PLUMBERS CERTIFICATION DATED N/A Authorized Signature Rev. 1/81 i � r RECEIVED AGRICULTURAL DATA STATEMENT AUG 10 2021 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special usepermit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural u f district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of ilia General Municipal Law, 1. Name of Applicant: ��'9 ° G t1u 2 2. Address ofApplicatit. 1 p /t'\Ciy- be n LA x.21 I"la+�► �ol<-N �Z 3° Name of Land Owner(if other than Applicant): - 4. Address of Land Owiier: ` 5. Description of Propose f Project: 6 -1&1X-3o V"y1-Fool 6° Location of Property:(road and Tax map ritirtlbet} h1 Gtr 12»c° L,civ1? b;tk iyAa-o- se I l Zt�1 -1�i a�1 Z 7. Is the parcel within 500 feet of a farm operation? { } Yes {yNo 8. Is this parcel actively farmed? {}Yes { }No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAMh and-ADDRESS 1. - - 2. - 3. 4. - -- - 5. (Please use the back of this page if there are additional property owners) /t' - � - / - r' `'/ 1 Z UZ 1 Signature o Applicant v Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to constdei the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statunent. 2.Comments returned to the local Board will be taken into consideration as partas the overall review of this application. 3,Copies of the completed Agricultural Data Statement shall be sent by applicant 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 -17.20 Appendix B Short Environmental Assessment Form RECEIVED Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses AUG 10 20911 become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 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. ZONING BOARD O,F APPEALS 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. V Part 1-Project and Sponsor Information Name of Action or Project: P>00 . + ^d Project Location(describe,and attacA a location map): i`1 SD ✓YYAv-U4,eL�,e A- -i q r2— Brief Description of Proposed Action: F Name of Applicant or Sponsor: QQ Telephon y_12 9 3 q/! f p 0/1 _ n, vil e.� 1�� E-Maill,N d�c�� 1 S—Q✓J�t�n l t✓l�d. �i� Address: 'T- 1111-6 City/PO: State: Zip Code: 1.Does the proposed action only i Ive the legislative adoption of a plan,local law,ordina e, 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. IV 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 4 acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial residential(suburban) • ii11Forest ❑Agriculture Aquatic Other(specify: ❑Parkland Page 1 of 4 5. Is the proposed action, NO _S N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? YRECEIVED 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? G 10 2021 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YESr If Yes,identify: ONIN ' BOARD OF APPEALS 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES YES L//�✓ I0� !Y 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? '(1 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: y IX 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: V 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: yR 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 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: l� 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a Will storm water discharges flow to adjacent properties? ❑NO❑YES Y b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 �.J 18.Does the proposed action include construction or_—__activities that result in the impoundment of YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 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? If Yes,describe: RECEIVED 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: o AUG 10 2021 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF WfNG BOARD OF APPEALS KNOWLEDGE d / Applicant/sponsor name: I(r'� le, j i �l Date: Signature: 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?" No,or Moderate small to large impact impact may may occur occur I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will-the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or )derate = small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by V the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact RECEIVED 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. AUG 10 2021 ZONING BOARD OF APPEALS ❑ 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 Board of Zoning Appeals Application AUTHORIZATION la (Where the Applicant is not the Owner) RECEIVED r1 / AUG " 0 2071 I, M i� el ��_4 p lh 1w e^ �"IJe fe'S-4mg at �Y� d Mt r^ -",I1n e— (Print property owner's name) (Mailing Address) ZONING BOARD OF APPEALS I t 1 zdo hereby authorize N'1 tGlc d d— (Agent) •(Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. C (Owner's Signature) ,11 rc-�L A d d1 , l41 (Print Owner's Name) API ANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. ff ,,nn YOUR NAME: iz P/I "� ��e B� ISP RECEIVEQ kj qtp (Last nam first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) AUG 10 2021 Tax grievance Building Permit Variance Trustee Permit ZONING BOARD OF APPEALS Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO JV If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a noncorporate 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 Z J— day of KXV 20 2 Signature Imo' j QOK- Print Name /°�rvil Aej J�// 7 91-fats Town of Southold LWRP CONSISTENCY ASSESSMENT FORM ';ECFIVEL` A. INSTRUCTIONS A U G 1 U 2 0,,?1 1. All applicants for permits* including Town of Southold agencies, shall complete this CQfNOARD OF APPEALS proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. %s assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /000 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. D Building Dept. Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) M (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: , A� Location of action: S—b 1'l le-Ir Ul-e- -e- Mctif� Site acreage: 11L, 46.r ` � ^ Present land use: St ��M�f` 'wd �® RECEIVED Present zoning classification: RJ 14&+ o w AUG 10 2021 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: ZONINGBOARD OF APPEALS (a) Name of applicant: M'U ( P-k [ �t /19VP (b) Mailing address: )Ll 0 6+h �P-l�--e (`�r�44-i �i (c) Telephone number:Area Code 3 7 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Ey If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies;Page 2 for evaluation criteria. ❑Yes ❑ No rONot Applicable 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 ❑ NoLP Not Applicable ��-�s-,�",� "�w"+6�iEwr•�,o,�,, pyo � y ,t.... Tk • z may- - 'Q:ayc Vw r ep P �! e.- �4151 �(M5 TOWN OF SOUTHOLD. PROPERTY RECORD CARD OWNER STREET VILLAGE DIST.1 LOT FORMER OWNER Icive) o 44N "E ACR. �-j)er r iy OK S W TYPE OF BUILDING -4--A RES, SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND imp. TOTAL DATE REMARKS a ia a ex "2 MOO (pq AGE 5ZvBVfft� IND TI 2 7 NEW 'J�WMAL IBELOW I3/,/20VE -MAdMaw) 4L FARM Acre Value Per Value Acre 0 )7L hl) fj Tillable 1 311 5 8P* 30VE -add i-h Tillable 2 3 z G) O VN�odland 0 > Swampland FRONTAGE ON WATER I o c < Brushland FRONTAGE ON ROAD i. House Plot DEPTH BULKHEAD Total DOCK �J SOM ■ ■■i■■■■%■■■■■■t■■ fA �;• ■ ■■■■ ■■■■ !1■■■■■■■■■■■ ';�� .� ,'` ■ ■■■■illi■i%116" ■1�71L■■■■■■■■ ■■■■■■ ii li _-9011 i■1C■!L■■■■■■ ■ ;� ■ ■■■�■rilii� I��i■■ilk■■■■■■�w ■■■■■i■■!!i HUNN■IL■■■■■■ ,. ■■■■i■3 ■t ■ ■■moi " it ■■i■■i ■ ■i ■i ■ ■■EM ■■■ ma ■■■i ■■■■■i iI■iEi® ■ ■■■■ i■■■■ ■■■■■■ � : .. •. . _• lro ace f .• , -• • .• Rooms 2tW Floo, • Dormer Driveway .r Westermann, Donna From: Westermann, Donna Sent: Monday, December 06, 2021 8:49 AM To: Eric Dantes; Leslie Kanes Weisman; Nicholas Planamento; Patricia Acampora; Robert Lehnert Cc: Fuentes, Kim; Sakarellos, Elizabeth Subject: FW:ZBA#7566 Michael Kelly Attachments: PoolSurvet33-26%.pdf Good morning everyone, We received the attached updated survey on Friday afternoon. According to Mr. Kelly,this is the last updated survey. I also looked for any other CO's—the three (3)you have in your packets are the only ones on file (z-2975, z-28177, and z- 31217). 1 hope this information is helpful. Thank you, Donna Donna Westermann Zoning Board of Appeals Town Annex/First Floor 54375 Main Road P.O. Box 1179 Southold, New York 11971 (631) 765-1809 From: mkellyl5Caboptonline.net [mailto:mkelly15(�'boptonline.net] Sent: Friday, December 03, 20212:30 PM To: Fuentes, Kim; Westermann, Donna; amandanCo)souyholdtown.ny.gov Subject: ZBA #7566 Michael Kelly Dear Lady's: Attached is a new updated survey for my Variance request.Sorry for all these updates. Hopefully,this version gets it right with no new glitches. Regards, Mike Kelly ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i l Westermann, Donna From: Westermann, Donna Sent: Friday, December 03, 2021 12:33 PM To: mkellyl5@optonline.net' Subject: Prior decisions - per ZBA board request Attachments: #7566 - Kelly- comps.pdf Good afternoon Mr. Kelly, I am forwarding you the decisions for your neighborhood regarding lot coverage. I sent the attached the ZBA board as well, as they requested during your public hearing yesterday. Thank you, Donna Donna Westermann Zoning Board of Appeals Town Annex/First Floor 54375 Main Road P.O. Box 1179 Southold, New York 11971 (631) 765-1809 Westermann, Donna From: Westermann, Donna Sent: Friday, October 29, 2021 8:27 AM To: 'mkelly15@optonline.net' Cc: Sakarellos, Elizabeth Subject: RE: 1450 Marlene Lane, Mattituck-ZBA application 7566 Good morning Mr. Kelly, I just picked up your new updated surveys removing the proposed patio. Thank you very much. Since the pool schematics have changed,the board will need to see a revised design from Swim King. We will need two original signed design plans. Thank you for your assistance on this. You can drop them off in our drop box at your earliest convenience. Thank you, r�l�{ I�I ® I • I r l Donna �Ck Donna Westermann n Zoning Board of Appeals 01 Town Annex/First Floor 54375 Main Roads P.O. Box 1179 Southold, New York 11971 (631) 765-1809 From: Westermann, Donna i t c�� -,� Sent: Monday, October 18, 20213:03 PM �� To: 'mkellyl5@optonline.net' 4- i;� Cc: Dwyer, Nancy Subject: 1450 Marlene Lane, Mattituck- ZBA application 7566 l Good afternoon Mr. Kelly, pq,1'�' Thank you for dropping off your updated surveys today. After review, I see that you are proposing a patio around your proposed pool. The building department would need to review the plans that you have and may possibly need to update your Notice of Disapproval. I gave a survey to Nancy Dwyer in the building department, and included her on this email. Please contact the building department as soon as you can (they are open 8am-2pm)to review what your changes are, and they will in turn inform our office if your Notice of Disapproval needs updating. I will hold on to the updated surveys for now until we know what the building department will require. Thank you, Donna Donna Westermann Zoning Board of Appeals Town Annex/First Floor 54375 Main Road P.O. Box 1179 Southold, New York 11971 (631) 765-1809 1 October 28, 2021 Dear Ms. Westermann: Attached as suggested are two copies of the latest updated property survey showing the proposed pool for attachment with my previously submitted Variance Package application. The Variance is required, as per the attached NOD, because the proposed pool addition would exceed the lot coverage by %6. Regards, OCT 2 2oz1 Mike Kell 516-729-3764 mkellyl5@optonline.net UFfO��-�o ELIZABETH A.NEVILLE,MMC ��O Gy Town Hall,53095 Main Road TOWN CLERK C :2 P.O.Box 1179 y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O`�' • � Fax(631)765-6145 MARRIAGE OFFICER y� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER o.� `1►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 13, 2021 RE: Zoning Appeal No. 7566 Transmitted herewith is Zoning Appeals No. 7566 for Michael & Maureen Kelly: Notice(s) of Disapproval / The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence- ,/-Certificate(s) of Occupancy _,Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) �LAgricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) _,I_LWRP Consistency Assessment Form Photos Property Record Card(s) Maps- //Survey/Site Plan Drawings n of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/13/21 Receipt#: 286232 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7566 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#307 $500.00 Kelly, Michael Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kelly, Michael 1450 Marlene Ln Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID*7566 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson ®��® ®1 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Eric DantesOffice Location: Gerard P.Goehringer 4 ,. Town Annex/First Floor,Capital One Bank George Horning �® �.® 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQU ,� Southold,NY 11971 http://southoldtown.northfork.net RCEIV ZONING BOARD OF APPEALS -4` '`s7 TOWN OF SOUTIiOLD APR 2 6.�.20� Tel.(631)765-1809•Fax(631)765-9064 l uthold Town Clerk. FINDINGS DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21,2016 ZBA FILE: 6935 NAME OF APPLICANT:Ronald and Patricia McGrath PROPERTY LOCATION: 1330 Sigsbee Road,Laurel NY. SCTM#1000-144-1-5.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under fhe Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Feb. 19,2016 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 Iisted under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The property is improved with a single family dwelling and accessory wood frame garage on a non-conforming 7,840 square foot parcel in the R40 zone district. Subject property has 55 - feet on Sigsbee Road, 55 feet along the rear property line, 143.28 feet on the south side, and 143.13 feet on the north side as shown on the site plan by Walter F.Hyde III,Architect dated 10-12-15. BASIS OF APPLICATION: Request for Variances from Article XXHI Section 280-124 -and the Building Inspector's January 20, 2016 Notice of Disapproval based on an application for building permit to construct covered porch addition and legalize"as built" deck addition to existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet,2)more than the code maximum allowable lot coverage of 20%. RELIEF REQUESTED: Applicants' are requesting variances to construct a covered (roofed) front porch addition to the existing dwelling with a front yard setback of 24 feet where code requires a minimum of 35 feet, and lot coverage of 27.3%where the code permits a maximum of 20%. ADDITIONAL INFORMATION: At the public hearing the applicant's architect/agent was asked to submit examples of other non-conforming front yard setbacks and lot coverage on Sigsbee Road. On April 14, 2016 the agent submitted a plot plan showing the lots along Sigsbee Road located to the north of Peconic Bay Boulevard and identified 12 properties with non-conforming front yard setbacks and//or excessive lot coverage. Page 2 of 3—April 21,2016 7BA#6935—McGrath SCTM#1000-144-1-5.2 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7,2016 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)M. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed front porch addition will improve the curb appeal of the existing dwelling and the as built deck addition in the rear yard is a common feature of residential properties and cannot be seen from the street. There are numerous properties along Sigsbee that contain similar non-conforming setbacks and lot courage. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than the variances sought. The existing dwelling already has a non-conforming 30 foot front yard setback and non-conforming lot coverage of 23.5% so any additions in the front yard will require variances for both a front yard setback and excessive lot coverage. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 25.7%% relief from the code for the reduced front yard setback, and 36.5%, reduction for the lot coverage. However, such non-conformities are typical on numerous lots in the subject neighborhood. 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 for all structures. 5. Town Law 42674(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 4267-b. Grant of the requested variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front porch addition and legalized attached rear yard deck while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variances as applied for, and shown on the architectural drawing titled site plan and elevations sheet A-1 by Walter F.Hyde III,Architect dated 10-12-15. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or fitture use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of noncor fortuity Page 3 of 3—April 21,2016 ZBA#6935—McGrath SCTM#1000-144-1-5.2 /\ Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted,by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). 'L, /." , ;- Leslie Ka es Weisman Chairperson Approved for filing / ,) ,7 /2016 BOARD MEMBERS g so Southold Town Hall Leslie Kanes Weisman,Chairperson �� ® 53095 Main Road•P.O.Box 1179 h® �® Southold,NY 11971-0959 Patricia Acampora V Eric Dantes Office Location: -� Town Annex/First Floor, Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Cowl Southold,NY 11971 http://soutlioldtownny.gov SIZE C E I V E D ZONING BOARD OF APPEALS +`DL 1 6 U.16 TOWN OF SOUTHOLD DEC 2 9n2020 Tel.(631)765-1809•Fax(631)765-9064 ` , �®u old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 22,2020 ZBA FILE: #7447 NAME OF APPLICANT: Robert McClean PROPERTY LOCATION: 1475 Sigsbee Road,Mattituck,NY SCTM: 1000-144-2-9 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, 7,000 square feet, .16-acre, rectangular parcel located in the R40 Residential District measures 50 feet along Sigsbee Road,then runs east 140 feet along a residentially developed lot to the north, then runs 50 feet along two residences to the east, then returns 140 feet along a fourth residential neighbor to the south. The lot is developed with a one-story wood frame house, wood frame front entry stoop, gravel driveway, paver walk and concrete patio, a wood handicap accessible rear entry ramp, an outdoor shower and wooden shed as shown on the survey prepared by John C. Ehlers Land Surveyor and dated September 18,2020. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's September 14, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling; at 1) located less than the code required minimum rear yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 1475 Sigsbee Road, Mattituck,NY. SCTM No. 1000-144-2-9. RELIEF REQUESTED: The applicant requests variances to increase current lot coverage to 23.4%, where a maximum of 20% is allowed, and to reduce the required rear yard setback from 35 feet to 34.85 feet in order to accommodate additions and alterations to a single-family residence consisting of the removal of the existing roof and the front and rear entrances to accommodate a new first floor extension measuring 24 feet by 25 feet. Page 2,December 22,2020 #7447,McClean SCTM No. 1000-144-2-9 ADDITIONAL INFORMATION: No members of the public or immediate neighbor spoke in favor of or against this application. The subject parcel has a Certificate of Occupancy, #Z-13737 dated August 12, 1985 for a new foundation under an existing dwelling and has an open permit, #44980 dated July 14, 2020, for the construction of an accessory shed. The newly constructed shed, measuring 18 feet by 8 feet, is intended to replace a previously existing shed measuring 8.6 feet by 7 feet, which is to be removed prior to the Certificate of Occupancy being issued. No Pre- Certificate of Occupancy or similar exists on the residence which was clearly built prior to zoning. The applicant provided architectural plans created by Geoffrey Freeman, Registered Architect, labeled A-00.00 through A-07.00 and E01.00 dated September 3,2020. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 3,2020 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 1267-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. Sigsbee Road is a neighborhood consisting of narrow, smaller lots created prior to zoning with a private association bay beach at the end of the road. Most homes in the community were originally built as small, seasonal cottages and many, if not the majority,have been expanded and updated to meet modern needs and illustrate excessive lot coverage and non-compliant setbacks. The subject home,when renovated,will modestly exceed the required rear yard setback of 35 feet by a shy 6 inches,which will be entirely undiscernible to any member of the community. Furthermore,the applicant proposes an increase in lot coverage of 3.4%, partially the result of the construction of a recent shed addition, necessary for storage. As a result of small, non-conforming lots and larger, recent development on Sigsbee Road, the character of the neighborhood will not be impacted. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue,other than an area variance. The applicant can build a smaller,code conforming addition to the house which meet required setbacks and lot coverage or can reduce lot coverage by removing both the prior shed and the one that currently has an open permit. However, the requested relief is necessary in order to accommodate year-round living and the needs of the occupants. 3. Town Law X267-b(3)(b)(3). The variances granted herein are not mathematically substantial, representing less than 1% relief from the code relative to the rear yard setback and 3.4% from the code relative to the excessive lot coverage. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zbning 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. Page 3,December 22,2020 #7447,McClean SCTM No. 1000-144-2-9 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 alterations and additions to an existing single-family dwelling including the removal of the existing roof and front and rear porches to accommodate an addition measuring 24 feet by 25 feet 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 Planamento, seconded by Member Acampora, and duly carried,to GRANT the variances as applied for, and as shown on the Site Plan and Architectural plans Prepared by Geoffrey Freeman,Registered Architect, labeled A-00.00 through A-07.00 and E01.00 dated September 3,2020. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a statement acknowledging that he/she/they have read this determination; understand the limits of the variance relief granted herein; and are aware that if a demolition occurs during construction,or any construction undertaken exceeds the scope of the approvals granted herein,the Zoning Board of Appeals retains jurisdiction and has the right,after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XXV,Section 280-141 of the Town Code. 2. This 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. 3. The existing smaller shed 8.6 ft.by 7 ft.shall be removed from the site per Building Permit 944980 prior to issuance of any Certificate of Occupancy. 4. Front,Rear and Side porches shall remain unenclosed and unscreened. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity, Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been I Page 4, December 22,2020 #7447,McClean SCTM No. 1000-144-2-9 /�/ 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),Acampora,Dantes,Lehnert, and Planamento(5-0). ie Kanes eisman, Chairperson Approved for filing /Z/A3 /2020 1 BOARD MEMBERS ®� S® 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. .�c, ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��10UN Southold,NY 11971 http://southoldtownny.gov RECEIVED)' ZONING BOARD OF APPEALS I � 31 TOWN OF SOUTHOLD F E B 2 66_20119 Tel.(631)765-1809•Fax(631)765-9064 WA S®u h®Id Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 21,2019 ZBA FILE 7240 NAME OF APPLICANT: Steven Crom PROPERTY LOCATION: 1980 Sigsbee Road,Mattituck,NY SCTM No. 1000-144-1-15 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 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 October 12, 2018 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. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 7,244 sq. ft. parcel in the R-40 Zoning District. The parcel measures 50.00 fronting Sigsbee Road along the easterly property line, 145.09 along the southerly property line,measures 50 feet along the westerly property line, and 144.95 feet along the northerly property line. The parcel is improved with a one story house,an attached a wood deck, a detached accessory garage and a shed,as shown on survey prepared by Kenneth M. Woychuk,L.S., last revised April 5,2018. BASIS OF APPLICATION: Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's August 17, 2018, Amended September 18, 2018 Notice of Disapproval based on an application for a permit to make additions and alterations to an existing single family dwelling at: 1) located less than the code required minimum side yard setback of 10 feet; 2) more than the code permitted maximum lot coverage of 20%; located at: 1980 Sigsbee Road,Mattituck,NY. SCTM#1000-144-1-15. RELIEF REQUESTED: The applicant requests a variance to construct a covered porch and wood stoop attached to a single family dwelling while proposing a 27.9% lot coverage, which will exceed the allowable 20% lot coverage, and have a side yard setback of 6.2 feet instead of the required 10 feet side yard setback. ADDITIONAL INFORMATION: The survey prepared on August 13, 2017 depicts 2,240 sq. ft, of lot coverage or 30.9 % which exceeds relief the applicant was granted in Appeal No. 3512 on May 15, 1986 for approximately 28% lot coverage The applicant proposes to remove the existing shed, and remove an existing wood deck that is attached to the rear of the dwelling, and replace it with a 4 ft. by 8 ft.wood stoop to reduce lot coverage 27.9%. Page 2, February 21,2019 #7240, Crom SCTM No. 1000-144-1-15 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7,2019 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 $267-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. Many of the homes on Sigsbee Road have non-conforming setbacks, lot sizes,and excessive lot coverage. The front porch entry maintains a conforming front yard setback 2. _Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The covered porch entry on the front of the dwelling is as built and has the same side yard setback as the existing dwelling,which received prior side yard variance relief. A variance must be obtained for the applicant to keep the as built porch 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 38% relief from the code for the side yard setback and 39% relief from the code for lot coverage. However, the proposed lot coverage will become less non-conforming than what currently exists on the property, and will be slightly less than the 28% lot coverage that was previously approved by the Board of Appeals in 1986; and the as built front porch maintains the previously approved non-conforming side yard setback 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 if the Town's Stornwater Management code S. 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 requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of covered front porch 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 Chairperson Weisman, seconded by Member Lehnert, and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by Kenneth M.Woychuk,LS, last revised April 5, 2018 and architectural drawings prepared by Jim Deerkoski,P.E. dated February 12,2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1) The applicant shall remove the existing 8 3 feet by 10.2 feet. frame shed and replace the existing rear wood deck with a 4 ft. by 8 ft.wood stoop. 2) The proposed covered porch shall remain unenclosed and unconditioned. Page 3, February 21, 2019 #7240, Crom SCTM No. 1000-144-1-15 That thea above e condntnons be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. If the Building Department determines that the construction of additions and alterations, as described in this determination, exceed the scope of the approvals granted herein, or a demolition has occurred, the Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article AXY, Section 280-141 of the Town Code. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met;and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes,Planamento and Lennert. This Resolution was duly adopted(4-0). (Member Acampora was absent) c Leslie Kanes Weisman, Chairperson Approved for filing / /2019 LVpAs t ��t d37bdce0- 8fd-430e-91.44-c1f14781e304 kimf@southoldtownny.gov ,AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLDT©WN zO NG BOAR1a OF APPEALS THURSDAY,DECEMBER"1,2021 at 10:00 AM __ PUBLIC-HE ARINGS— �-� ------� --�----- -�- -- - - ---NOT-ICE,IS-HEREBY GIVEN;porsua'nt-to Section 247-of-the-Town-Law-andTown Code Chapter 280 -- - (Zoning}s Town of Southold,,the,fo`Iluwing".IN PERSON"publid hearing wilt be held by the SOUTHO.LD TOWN WNING: _ 90ARD Or APPEALS at thb Town Hall;53005 Main Road;Southold,New York 11071-0959,on THURSDAY;DECEMBER 2,Z021X 'The,Pub rrlaY ALSOhavO eccess to.-view,listen acid make commght;during"the P'IBLIC HEARING as it is. happeningvia`ZOOM WEB,1NAR: Details about.howtoturie-in andmake comments duririg the PUBLIC HEARING,are on,the ToWn's'utebsite agenda'for this meeting which may be viewed at h'ttp;)js'outholdtownny.gov/agendace4ter. Additionally,there Will be a link to the Zoom Webinar meeting at httpr./[So,utholdtownn,y.gov/cal'ender,aspX. 10:0Q A,M,-"IJEW SUFFOLK WATERFRONT FUND=#755.5-Request for a Variarnce from Article XIX, Section 280-850(5);and;the Building Inspector's.Jpne 23,ZQ21{Amend October 12,202,1 Notice of Disapproval based'on;an applidatjori for•a'permit to instaIt,a freestaodjog-sign at 1.)located less than the,code Minimum required 15 feet,from the edge of pavement;located at.,650 First Street,(Adj.to"Great Peconic Bay) New- Suffolk, NY,.'SCfM"No,1000.117-8: 8: 1, 10:10 A.M,-FISHERS ISLAND COMMUNITY CENTER#7563,SE-Request for a Special EXception,pursuarrt to Town Code Articlo 11,.Sect'ron 2$QY13C(15),the=applicant is requesting permission for recreational use upon premises accessory to a community center,,and to construct tw,o paddle tennis/pickleball courts; located`a_t; FoX Lane, Fishors1sland,NY.'5CTM#14Q0-121 1.2, 10:20:A:M:-RUSSELL ROBERTS#,7564-Request for Variances from Article III,Seetion'280-15 and Request. to Overturn the Building Inspectors July 14,2021,Amended July 30,2021 Notice of Disapproval based on ary application"to,construct roof line alterations to an existing accessory structure,and to•a,lter use of'tbe .existing acces5ory,structure to an artist studio;at 1)located less than the code required minimum side yard -setback of 5 feet;2)the proposed use in the accessory"building is not a permitted accessory use; located �at:1295 Old'Harbor Road, (Adj to Cutchogue Harbor) New Suffolk, NY.SCTM No.1000-117-3-10. 1Q:30 A.M.-JOHN AND MARGARET KREPIr#7565-Request for Variances from Article 111,Section 280- 15; Article XXIII,Section 280-124;and the Building Inspector's July 27,2021 Notice of Disapproval based on an application for a permit to construct additions and a Iterations,toa single family dwelling"and to legalize an accessory shed; at 1)dwelling located less than the code required minimum side yard setback of 15 feet; 2) SOUTHOLD TOWN BD OF APPLS 2 -d37bdce0-a8fd-430,e-9144-cif,14781e304 kimf@southoldtownny.gov AFFIDAVIT:OF PUBLICATION The Suffolk Times dwelling located lessthan the code required minimum combined side yard setback of 35 feet;3)"as built`' shed located les's than the coded required minimum side yard'setback of 10 feet; located at: 1235 Island View Lane,tAdj,to Shelter Island Sound)Greenport,NY.SCTM No.,1000-57-2-42.8. ---10:40:A:M�`MICHIAE]z-A AN D-MAUREEN-KEI-UY475-66.--Request fo'r-a-ViEriance from-Art icIe X(Xlili-"--------6- - -- - Section - - 280-124;and the BUildthg Inspector's August 10.:2021 Notice of Disapproval based on an application for a permit-to cdnstrUtt,an accessory in-g o,0hd tWimMirig pool;ati)more tharkthe code permitted maximum lot covef'age of 20%;located tit,1450 Marlene Lane,Mattituck, NY,SCTM No.1000 144-2-35, 10:50 A.M.-JONATHAN DINELLO 0572--Request'for a Variance fioffi Article XXlll,Section 280-124;.and, the Building Inspector's August 6,2021 Notice of Disapproval'based,on an application-for a permit to demolish and reconstruct-a Single family dwelling;at 1)located less than the code-minimum required front yard`setba-&of 35.feet;loGatod"at:255 Corwin Street,Greenport,NY,SCTM-No.,1000,-48-1-44.2,. 1.1:00 A.M. TAMAR;'ROLD1NGi$,LLC.Ot 68—Request for a Variance from Article 111 j Section 280-1.5;and the Ruildittg Ihspettor's August9,2023 Motile of Disapproval bas'ed'on ari application for a permit construct,an accessory in-grdund sW,mrriing pool;at 1) located'in other than the code required rear -yard; located at:21 MZ Route 2S,-Orient, NY.SCTM No.10,00-17-4-29. 1:00 R,M.,=PETER J.MALTESE AND MADELINE JOYCE COVELL•O 47589—Request for a'Va'riance from Article X4XII1,5ection 280-124;1 and the Building Inspector's July 6,2021 Notice of Disapproval based,on an application for a permit to.dert-iolisli ari-existitlg accessory,garage and catistruct a neinr ae�ssaiygarage; at I).morothan the,Gode permitted maximum iotco)[Ox4ge,of 209/6;located'at:825 Bailey"AVeriue, Greenport`, NY.SCTM No,1:000-34-443. 1;1Q P.M.-KIMBERLY'PAL'ERMO #7.57.6—Request for Variances from Article,lll;Section 280-15;Ai title XXill;Sectiori 2804,24;and the,Building Inspector's July 23,2021:Notice of Disapproval based on an ,application for a"permit'to demolish(as,per Town,Code definition)and reconstruct an existing single family ;dwelling;at 1)located'less than the code,minimum required combined side yard setback of 25 feet;2) more, tha-n the cocle,permitted Makimum lot coverage of 201;3)existing hot tub located in other than the code required rear yard; located at;155 Pinewood Road,Cutchogue,NY,SCTM No.1000-110-3-2. 1:20'P.M,�NORTH FORK PROJECT, LLC,/-OLD,MILL INN7573—Request for Variances from Article XIII, Section 280-56 and the Building Inspector'sJuhe 30,2021 Notice of Disapproval based on art application for a permit to construct`additions and alterations to an existing restaurant; at 1)located less than the code minimum required front yard setback of 35 feet;2) located less than the code minimum required rear yard, setback of 25 feet;3)located less than the code minimum required side yard-setback•of 25 feet;4) more than the code permitted maximum lot coverage of 301; located at:5775 Mill Road,(Adj.to Mattituck Creek) SOUTHOLD TOWN BD OF APPLS 3 d37bdce0 a8fd-430e 9144-clf14781e304 kimf@'southoidtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 40 Mattituck,NY.SCTM No.1000-106=I-3. U30-P.M.-STEVEN.CORDOVES AND MICHAEL GULIZIO -#17562--Request for Varfances,from Article III, Section 280-15;Articie 00,Section280=124;and the.Building Inspector's Maly,f7,2021 Notice of Disapproval laased on an application fora permit to demolish and reconstruct a single family dwelling - attached deck and to install an accessory in-ground,swimmingpool;at 1),located fess-than-the code- minimum rotibired combined side yard setback of 15 feet on two sides;2)located less than the code it W( uni rewired combined side yard setback of'35,feet;-3)more than the Godo permitted fabximurn lot, coverbOof 26916;4)the proposed swimming pool located in-other thoh:the code tetluired rearyard; i�icat�d at',$25 [$)arid View Lane,(Adj.ta,5helterlsland Sound)°Greenport,, SCTM No,.10,0)-57-x.26, 1140 P.Md,-JUAN ACEVED0.#7'571—Bequest for a V'ariance,*om Ardcle.XXlfl,Section 2$0,4244 dthe Building Inspector's August 9,2021 Nb6te,of Disapproval l}ased-on an appiicatigri foi~a permitto legalize an "as-b4ilt"wood,deck:attached to a single fa`,mily dwelling;,at 1)located less than the code r0niin`r'urri req uire4'rear•yard setback of 10 feet; located-at:2775 County Road 48,,Mattituck) NY.S,CTIVI.No,.1600- 141- 2:U. 1:50 P,-M,-DAVID ANDY LISA CiFAREL-LI,#7551—(Adj.,from November 4,2021),Requestfor Variances from Article XXIU,Seefian 28044 and the Building lnspecCor'sJuly 1�x0241'iotice gf Disapproval based air'_iii appi'rcatiortfor a permit.to demolish an eXisting-,dweliing Arte construct a.singte family dwelling;at,1) ljca`ked iess:than the�co'de req'uir'ed minimum side yard setbackof 104eet dn'tw6o s,ide'yard5;located at- 2674-Peconic Bray Blvd-(Ad j,to Peconic Bay), L'aurel,11�Y`:'CTM NP-�1900-i28-6-13,3-- The Board of Appeols,Will bear all persons or their repre(sen;tatives;,desiring to be,heiard,at each hearing, and/or ' de�sirtng to submit written;statements before the conclusion of each-hearing. Each hearing will riot start -earlier than designated above. Files are available for review on The foWn's Vlleblink/Laserfit~he under Zoning Board ,of Appeajs•(ZBA)\Board ActionsNPending. 'Click Link: http://24.38.2$.228:204Ci/.webl ink/` Browse.aspxx?dbid=0. Contact our office at(631)76,5-18Q9,or by email: ki n'if@:soutbpldtownny.gov Dated: November 18,x2021 ZONING BOARD OF APPEALS,LESLIE KANES,WEISMAN,CHAIRPERSON BY:;Kim E. Fuentes,54375 Main Road (Office Location), P.O. Box 11.79,Southold,NY 11971-0959 SOUTHOLD TOWN BD OF APPLS 4 d'37bdce0-a8fd-430e-9144-c1f14781-e304 kimf@southoldtownny,.gov AFFIDAVIT OF PUBLICATION State of New York, the Stiffolk,Tfhes County of,Suffolk, --- ------ -------------- The undersigned is the,'authotjzPd c t�si Snei�of-Th -Suffolk'T mos,oWeekly Newspaper pubirsifed,in, Suffolk County, New York, I'cert'kfy that the public neiltv,,a printed copy,of whikh is,attached hereto, was prfinted'and published in this newspaper on the following dales; November2s,'204 This newspaper has been designated by the,Courity Clerk-of Suffolk County,as a newspaper bf record ih this coonty,and as such,is,eligible to publish such notices. SignatUte Eficit,'r.Putnam Printed Name S-ubsctibed and sWorn,,to befdre int, This 19 day of November 2021, wS No,ta . Signa v, .0 0 S Twn `O,F A M YO NOTAPLY PUBLIC Notary Public Stamp MALBAPY REOW43 50UTHOLD TOWN BD OF APPL-S BOARD MEMBERS _ 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 �OWN,� Southold,NY 11971 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, DECEMBER 2, 2021 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" 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, DECEMBER 2, 2021: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:40 A.M. -MICHAEL A. AND MAUREEN KELLY#7566—Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's August 10. 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) more than the code permitted maximum lot coverage of 20%; located at: 1450 Marlene Lane, Mattituck, NY. SCTM No. 1000-144-2-35. 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,on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webli n k/Browse.aspx?d bi d=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: November 18, 2021 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 S6fF0( C Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 o - Southold New York 11971-0959 Fax(631) 765-9064 'r ZONING BOARD OF APPEALS DATE: November 1, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19,the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the December 2, 2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. a7Ln,�rageexlow.�.° ,,. „e�asi,,:L�°ry3s'°'een ms'sfseis,.' rkl`+$'iqs��-,,o:rma;l r`'<'avs«Y;.;i`�;r, '�;�c'=s.�.e�.-",a�i':`?�,''Ft. •:^maa`k, �'-Hk'r.`�s vstz..TM>,.>�.r�,Y?.';ST'a,d's''�a?�:w 71%;r'fi;^-t'4'<�.,h;'.�;.�e;'.t�" r, .m,.' cdeocaer,z, AamateraMquirepre,-t3p3�a+'r e fUT� fs'`' i Lll C'l1(;�1riI2 111G '1 Gll�dE'r5:,`I'IE` tS' R fir' g �.� ;RFi3 �yL. �w:e��'S�� h.s=-z;4'.:::.��_:.%Z:.-5..:'�,sc}x"�,ta,.",-'!•.�.L,:s:'ri'2..�.u`....r�i'- i ^'"1.A '�""�.a^�'�k;.�.—.,•,,.',th'-..r':�^�,y�?',?I 1. Yellow sign to post on your property a minimum of seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than November 23, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adiourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by November 23, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hear k_ ' Page 2 Please send by 3SPSX'ert fImmail Retu=n Recti it the following documents 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. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by November 15,2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WLBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtownny.gov or elizabeth.sakarellos(ctown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls> 2010-2019> 2019 http://24.38.28.228:2040/weblink/0/doc/1022250/Pa eg l aspx. .'c ^'= `s'a;a`.a_.,„:vy„n,-M:.�.ayesµ�;:"-?,s�:z�.s ;:ssa''.:rr a ..,'�`.y cr-,' �''',a a -a."x::�� n.,,�.'""..,. _ s, z - a "'C� < ,`iy,. * ,y s�s•�.,;•'? hp '; :,"..x•, p_` ra ` sy,+<,ey,'.'-,,,K,`;ra-1, 5;.r :«a,<air;I. s'��?n tip,#�a��.;,s�<<yvu,a,`�✓�L,.S.' 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Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant },,.r� � .1-Q 4Y>b�,fOrF.f^�-~�"'.+x':.��'��,� rS'rc.+;�r x„'t..k� an sk.,r'. � �' 3k,�-ec�,�, �..a€a--�z ti."�"fi5,'k��(� �•.>2•.. ��'�r y3 .yin }� �'t�F�} x'u 't"'.,, `a'rY"'t�..r, `r3:^—.3��t;:�"n'"r..7'rJ'•. .Y � �{arrn.�fir.'".; HO NEW )CA I�r. r�3#f�.'��,`�.�-�.x�',t�,,,•C -.s, �-��a.. a SOCG{Y`:�$dz�'za-•s-..zti-XS:' r Y'y"�'. 4.�" -e_t.•�:s ��k,.�Y�."�,L'�r,�`tr�'?e;'3't5`a�i. sit x.:,.�y��y� Y '��.m'�:iC-''+�+s��s,.?r��Y`''xr�4 �.,rc >..�s t �:��+.Y C F z r r �.St"• r .-5 x :r , ys k )r 'u f ^:c* r,•ftt• � *{.� "'7..,Ya ti t `t�.,wr i � �W",'w�r.,,=a" �.+�t•.r�'n''�� ri5 r a t yCar, rc� � r'rN..`•k':� rysfE' i ,5`E�i'�� 5' C:r a+t` 3 ` (A.t�i44`T ,��,x32a' �f t a�',�q{�r K t �.11ti: 6 •'�!. 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FM TraJt4n&RequlremerktsZRAOffklaT% 0 ZaAplkis Nomeadataassli;ried I Exceptl9mlht Code 280.18CC31 ).r-kd-Listing Book of Mapped 1977 ExUlng Lots 189 P W&S6aules AgQMCOM�&L�� 14 Entijes, Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions, Click on "Board Actions"folder to open. W T "'M N� u Z % Z� # 14712' E 701� Peridim �X�`Tntry 0J , i Q�adon date I 6W1:iO4 6 3(2812011 fi"36WAM =1 '#7374Soh1NonSEast"�Dob1�3=i Last modl&(f I 66hoz6 PM #7383-Spoleir 79.5-&3 O73845E NNFAe5Oft5,-?4YdOri Resorts-Campkiound-1,00b-40-3-5- No rneta&ta assigned #7386360 BayviLW Drive-tLC 1000-37.-5-10,1 "77 Haid Comer 1000-61-4-1 ir?387 Hard Comer-SITE PLAN-Arch Pians 1000-61-4-1 'g#73MMintDnlffev.TrtrAIDOO-12B.-2-20 #7389 8enic 1000-71-1-4 #7406-Kappa 1000-38-1-1.5 Page 1 of I Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 'N _ 7 Laserfiche Instructions ZBA Files Page 3 LaserficheWebLinkMi- _ — - _ vVe Kev_tiuutt sfgnat' Home `Brbiv3e -,Search TownOISDuthold>Zonng ScardorAppeal5(ZBA)>Board Achons Name Pa ecount Board Actions _ ••,glppl3tes atlte ,. - y� to1957-1979 t �1�ntry Pfopertles l ^ GCJ 7980.1999 Path TownOS1 otnholdk7GNng Boar) ,- -- ----- --• --' '--'"---- ---- ------- -_-.__...----------------_------ o(Appeals(ZfYV10oa7dA[Lorr. {_RRZ 2007 ------J--' Creation date f ! 202002 7/102W71221:55 PM Z r,�:�a0.3 3 d7 Last modfied 200a J } 3211G01711.36.07AM pp �,ta 2005 o`�"MRfd „ fa r Jr ` tadafaassigneJ- .i 2007 ___-.--- ------ •------- --- ----.�-.._._—�----------- - lv ! - 2oo8 -- --- --- - -- ---------- --- ---- --- ` 032 _-------"----- - -- ----- -- -'------- ------ ---- -'------- Resutle •! -'# V71 2010_ - - x.�.ge_a..... 2011 1 � _ 1 i fH 2012 {• ,i E�]2013 - ' 2014 --77tt to 2015-� X2017 � .- ...Dena mo---- --- ------ ------- --- -- ..-- ----- --------------------------- ------------� Above: board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored-in "Pending". i6,nn6y-�Blowse�Sfarc7G�_.��:t.TOw7iP/SdiAlidE>2omn80_N,ttaj_MD�u'175I201U>]mNKtlonf>2Ptl' _ - _ _ -_ - - _•+` �~`- , 2017y' "r-I;�+,-•-.y�'--,.w..`` 'P 6b80 307 Bova Mlw.s vam � g 6907 ma.aacioae w/.{3,eab Ua7•DPiwd c � ♦�2m, _ -- - _ - - - —d- 7W2 e,ram7a7 » Bawx4as r✓HI2O1793651 AV ' i 701. 116 evaxnurs 2lael idal2�, No MCI Svo .e1 yn 7017 IO Baud KUom , z:A•B sa ewraK,wM �7vm sB M„.en<aee5 _ _ S>OT2 >5 KueM Y , y 7033 335 eoaNKaOns ' �703. 69 9oartl K,rom :071 118 BwrtKMa M26 77 9ave7vrone a �M_7 U Bout a,Cem FS 7o3e 6e B.are Kc.�., fg 3029 3 B^a•e Koam Above: See listed File Numbers. Click on file you are searching. i Laserfiche Instructions ZBA Files Page 4 _ - IL..i.F.7H i'G�• 3 �1is - -✓�,��t• _ fir: Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. �LaseMche WebLink �"'-'r'='^�'s.A�7' �.,M "----"'�• o _ - Nome Br,6w - S@afc6 �(cuaomue search' _ '• Sort results by, Relevance 4' - 1 Rerds Planagemen•Seah ,1--co------�rc.r._�t 97016 ndd ea.n< Board Actions-93 page(s) Page count.83 Template name:Board Actions T.• i Page 3 :Colin and Kristen Cashel PROPERTY LOCATION,162 Lower Shingle 14111.Fisher,_ s� ➢age A.19.2017 07016,Cashel 5t7M No 1000.9-1-26 minimus approval to remo- Page 5 y 19,2017#7016 Cashel SCrM No.1 D009-1-26 GRANT,the varlances as $earth«..ns Page 9...COON 8 KRISTEN CASHEL SECTION 009 BLOC- _;; Page 20-Thomas Ahlgren(eashel),PO Boz 342 Fishers lslandNY.., I—_'----`-- i Show more Information. 97018 -I Board Actions-56 page(s) 1 y,•,' Page count:56 Template name.Board Actions -1 Poge 4R.,.9:3GA M.{OLIN CASHEL AND Variances underArdde Id section ANN_ Page 43„ance(s)KRISTEN CASHEL?7016Aequest proposed trellis(orated In other tha- J 'ShowmoreinfbmnaUon_ 1 Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. LaserHche WebLink L� _- ^._ nywc+,unt.l-Nely 1 rbwt 1St Home Brdwse Search ,low11ofsouthold-zopin886aedofAppeals(i13A) Minutes%AgehdasiL gal,Notketin1 arings_ Mmutes/Agendas/Legal Name _• _-_ _ ,—...._._.._. �_. ( Pagecount._.— ?3-Ta�S n Y'�w-'• -'e-`;�#gn'-' S' g �w•.� Notices/Hearings !-n 1957-1979 -_Entry PfOpentes -- -- L-,1980-1999 b3 2000.20D9 Path Trnw1O(SouUKtld12-Ing Board i?2010 of Appeals 2011 Nonc-Aiean'gs Y 2012 - Creation date `2013 7;1 M00125140 PM ; 2014 Last modified i tZ 2015 �1 2010 z Metadata•--- ---- -_ w 2017 - _ _ - - ND rnv data ass,gned Page 1 of 1 11 Ent? Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. .Y Laserfiche Instructions ZBA Files Page 5 Laserfiche WebUnk _ Home, •6rowir"Search', To,4nOf5ouUiotd xZoning Eaard dnp{mals(20A)>Minu"ti5/ggendds/cegal No[ s%Flearings?:2017 - •IS rt';;I�.';'•y'''1'Fa��'v ! 2017 !l;"'P%r=^p'ertl'e�'-f(:T.-..'.��;.c��.•`FaTcr,mo'"roi-;:f Nt3 m—ePage---..---- -__ ---- ------------ -----.� - —cou—nt zewves2017 7 .. ,. ,- ZaA-01/05/2017 Agenda 4 '-------- —M _IiS�dt.��._e____.�q,�.—_�_y.`•§'�_`,-y_. .. path Ir 1,Ej ZBA-01/05/2017 Hearing 40 i I UwnU1_o holdlZOnlag Egad dAppeals L: is Za"1/0520171N 3 ,1 NoticeslHearin3512017 e� - -� •-. __ _ _ ._ - .. _ _. -. _ _ ____ .. _ _._ _ __ .. 2BA-011192017Agenda 2 t Creation date i 1 211 6 201 6 2:75.14 PM ! rl D ZELA'WD2/pt7 7 Last modllled rl ,9-a ZBA•02l02/2017 Agenda -- --- -' -- 4 -- -t 6I19201745359PM r_.1 ZEL 07/01/2017Hearing 45 '� AAejadetg:~ ;'_t C1 Z3A-02/022017LN - 3 .Y_„T_-• --_ -_'j ,r]ZBA-02/16/2017 Agenda 3 No meladata assIgried 21ZBA-02/76/20175pecW1 _3._- :educe&_P.wdli� 3.j ` 2W-03102/201) - aft1SlWlrs_rrteeld5ies2. ZEA-03/02J2017Agenda _.° El ZBA-"02/2017 Hearing 65 ZBA-03102nO17W 3 ZBA-03116r10t7 Agenda ._ .. . _ 3 ZBA-03/16r20175peda1 3 1 }'" ZBA-0410620t7 5 I 1 Q ZBA04/06=17Agenda -- 4 - - �� - It Z0A4WD6i2017Hearing .___....- t Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 i4uTi � E F HEAR114G The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow pink - httpm./Isoutholdtownny.gov/calendar.aspx NAME m. KELLY, MICHAEL # 7566 SCTM # : 1 000- 144-2-35 - ''VARIANCE: LOT COVERAGE VEQUESTEE NEW IN-GROUND SWIMMING POOL 1: ATE THURS. , DEC. 212021 10:40 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK I AFFIDAVIT; OF , In the Matter of the Application of MAILINGS 1 (Name of Applicant/Qwner) SC,&No:,10,0' (Address of Property) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, (Owner, ( )Agent t clkd,e44. ke l 9 residing at 6-0 01 A,--,Lkve--A4 vi e- m0,,�lei �v�� New York, being duly sworn, deposes and says that: On the day. of Jy,o*y-;la - , 20?.,-1,,I personally mailed-at t1ie,United States Post',Of ce inj'Y�At��t Lgl4,.• _,New York, by-.CERTIFjE.D`MA1L, - .RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid`envelopes addressed to current property owners shown on the current.assessment roll Verified from the official records on file with the ( Assessors, or( ).County Real Property Office,for every property which abuts and is across a public'or private'street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) 1 ; S to before me this day of C , 20a-1 LYNDA M.RUDDER Notary Public,State of New York Ot No 01RU6020932 ary Public) Qualified in Suffolk county Commission Expires March 8,2025 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next __----_to_the-e-wner-aar es-and-addresses for which-notices-were mailed —_ All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) �- Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, M cv�4�e,) PjLefl, residing at M 6-0 ti`E'�� va�lc I lie,5'7-;New York,being duly sworn, depose and say that: On the 23 day of Elc.,Ue,�, ,202-1 , I personally placed the Town's Official Poster,with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- Way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date,which hearing date was shown to be j 2 z (Signa e) aVS orn to before me this Day of I*Yft�deY, 20?Yl SABRINA M BORN Notary Public,State of New York No.01B06317038 Qualified in Suffolk County (Notary Public) Commission Expires Dec.22,20—Q * near the entrance or driveway entrance of my property, as the area most visible to passerby. t � _ w .!g' ''+Fi.. fi� �`y�,• .e'er�a.��r .-�' -..,., �'%"i x.4r TM TM U.S. Postall'Service U.S. Postal Ser ce CERTIFIED MAILP .• o RECEIPTDomestic Mail Only Domestic Mail Only �. 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Certified Mall Fee ' X3.7•: 0952 ' 3.7:r 0952'{ _\ Extra Services&Fees(check bo;add fee ate) 07 Ij Extra Services&Fees(checkbox,add _er s'.�a (17 3+„ ❑Retum Receipt(harcicopy) $ U LI I.i 7 ❑Return Receipt(hardcopy) $ Lr I ❑Return Receipt(electronic)• $ _ fr"Irl ,� � }I I ❑Return Receipt(electronic) $ __ k 1 } E=l ❑Certified Mall Restricted Delivery $ 4 ° 1 C3 ❑Certified Mall Restricted Delivery $ y t V # ❑Adult Signature Required $ _ 1 ❑Adult Signature Required $ _ ,, $ ■� ` ❑Adult Signature Restricted Delivery$ J []Adult Signature Restricted Delivery ' p Postage �G !,- r p Postage 5 u r� Total Postage and Fees 11 rt`'�� Total Postage and Fees s 21 Q V �� $ 14.33 )9 0 $ $4.33 � 3J�� C_ O Sent TO O Sent T ru � �t nowt ----------------------------------ru o h h � c »e r . ------ = ---=---=---------------- ,, I p Street d t No.,or PO Box No. ./- p Street and A/iG No.,o PB Box No. lti r- `A!_I,tl,Jl ut t�__cS T r -r` /�i�N N_ .15 - ----- - Cdy,St e,ZIP ® c --- ------------------- -- ---= Gfi hC�ty'State Z/P+4• ------ postal Postal Service T11 IFIE, t ECEIPT CERTIFIED MAILP RECEIPT /• Only m ■ rrl 1 •• o . 12.15 RIM 51 L S E ` �� ,� 5 �'° t�. x ' A: � rq 11952 r- Certified Mad Fee Certified Mall Fee a7ci $ X3.75 ' ��I)957 ii7 gp r� i17 $ check box,add fee 1 II 1 te) � Extra Services&Fees(check box,add fee .t l p t P tate) 1 ca Extra Services&FOas( ❑Return Receipt(hardcopy) $ ❑Retum Receipt(hardcoPY) $ s �U Cp'r�St rk r-1 V C) ❑Return Receipt(electronic) $ Postm rq ❑Return Receipt(electronic) ` ❑Certified Mail Restricted Delivery $ Here O ❑Certified Mall Restricted Delivery $ y�"' - . C-3 []Adult Signature Required $ _ S O ❑Adult Signature Required $ s1 �J +� O Re - []Adult Signature Restricted Delivery$ � ❑AdultSignaturestrictedDelivery$ \� Postage �t�-!J a `P>{.5w ti Postage cG _ 1�� r Total Postage and Fees `� $ •n Total Postage and Fees $4.33 - $ l.33 -i p Sent T Sent TTM o ru - Street an P t No.,or Pb B x No• AY �.�.-------------------------------------------------- - - - rr, ary,stare, r �� fl Domestic Mail OnlY .,.•.• t17 . o l� qq `l 1m I r Sol ll 's 1� t� 1% L Y 5 ra Certified Mad Fee c 11952 i Certified Mail Fee 53.75 g•_ry X3.7•: (cox,add fee a eD ExtraSeNlces&Fees(check box,add fee Extra Services&Fees he kb $ i( ( ( efi+ I ❑Return Receipt(hardcopy) $ ❑Return Receipt(hardcopy) Postm I i r- ❑Return Receipt(electronic) $ a• POstma t--1 ❑Return Receipt(electronic)- $ UN Here O O ❑Certi ied Mail Restricted Delivery $ \ Here C3 ❑Cer0ed Mail Restricted Delivery $ --3y []Adult Signature Required $ ' O ❑Adult Signature Required $ i r. 1-3 Postage Adult Signature Restricted Delivery$ �Qjj P❑?Adult Restricted Delivery$ Q C 0 []Adult ?J t`�- .�� tit°58 $0.58 $ '(r 1J�77`�f1 $ es �� iJ, `� Total Postage and ees 3 Total Postage and Fe 0 $ ��t.33 r_3 33$• °rvJJ Sent T p Sent T�/ ren p/� fez +� 5.�11�_ _Jr r_ ----------- ru `/a GV__Yl__ —---- `i v t --------------------------------- �( _/�_Q -------------- ---- O StreetandA t AIO.,OfPOBox 0. r p Street and t No.,or PO Box l(o. _ _____________ ______________ r, ------------------------ - = F`- d 1. � :_�1 2 7 u 13�.�---- r i City,St ZIP 4® j(952 � Certified Mad Fee $ w i{7 ;�- $ $3.75 0952 C bra SeNlces&Fees(checkbox,add fee i �rgp i te) .�• g• EXtra SeNlces&Fees(checkbox,add fee p- are) �,17- ❑Return Receipt(hardcopy) $ 1 I I TWd' j rq ❑RetumReceipt mardcoPY) $ $ (J(J q Return Receipt(electronic) $ 1 Post ,rl C j - ❑Return Receipt(electronic) $ ,� 0 ❑Certified Mail Restricted Delivery $ +_ Here OO ❑Certified Mail Restricted Delivery $ �I a{��I, Q '•" r ❑Adult Signature Required - $ j C3 ❑Adult Signature Required $ - ^Here []Adult Signature Restricted Delivery$ a []Adult Signature Restricted Delivery$ - TV ii�� .►� e� p Postage rG �T c� (f O Postage •_ \ 0 0 Total Postage and Fees °S �l�� 3 Total Postagees and Fees ��! 7 � S '°5 o g4.3ti i llaal�_7fi1 o nj Well l I O Sent T ru C 7- ---- ------------ oxp S'treeandApENO.,orPOBNo. -- ______. /_7_J .---- �• O Street andAtO.,or PO Box No. --- - Cdy State,ztP+4® City State, 1P+4 —r--------- y�- ., WSiaw - _A , Tracking Number: 70200640000184715467. Your item was picked up at the post office at 12:35 pm on November 3, 2021 in MATTITUCK, NY 11952. K Gallagher 144-2-7 Status Delivered, Individual ice t PoSt Office November 3, 2021 at 12:35 pm MATTITUCK, NY 11952 Tracking Number: 70200640000184715474. Your item was delivered to an individual at the address at 9:49 am on November 3, 2021 in MATTITUCK, NY 11952. McGlone 144-3-7 Status Delivered, Left with Indivi uM November 3, 2021 at 9:49 am MATTITUCK, NY 11952 Tracking Number: 70200640000184715580. Your item was delivered to an individual at the address at 4:21 pm on November 5, 2021 in BELLMORE, NY 11710. Lechner 144-3-5 Status Delivered, Left withIn Ivi ui November 5, 2021 at 4:21 pm BELLMORE, NY 11710 Tracking Number: 70200640000184715603. Your item was delivered to an individual at the address at 9:49 am on November 3, 2021 in MATTITUCK, NY 11952. McClean 144-2-9 Status Delivered, Left with Individual November 3, 2021 at 9:49 am d „� MATTITUCK, NY 11952 Tracking Number: 70200640000184715450 Town Of Southold 144-3-6 Your item was picked up at the post office at 1:40 pm on November 4, 2021 in SOUTHOLD, NY 11971. Status Delivered, Individual Picked Up at Post Office November 4, 2021 at 1:40 pm Tracking Number: 70200640000184715443 C. Gallagher 144-2-8 Your item was picked up at the post office at 12:35 pm on November 3, 2021 in MATTITUCK, NY 11952. Status Delivered, Individual i e at Post Office November 3, 2021 at 12:35 pm MATTITUCK, NY 11952 Tracking Number: 70200640000184715481. Szczeniak 144-2-36 Your item arrived at our USPS_facility in MID NY DISTRIBUTION CENTER on November 23, 2021 at 10:02 am. The item is currently in transit to the destination. Status Arrived at USPS Regional Facility �. November 23, 2021 at 10:02 am MID NY DISTRIBUTION CENTER Tracking Number: 70200640000184715597 Knowles 144 -2-34 Your item has been delivered to an agent for final delivery in GARDEN CITY, NY 11530 on November 4, 2021 at 12:47 pm. Status Delivered to Agent for HnW DeRvery November 4, 2021 at 12:47 pm . r December 1, 2021 Dear Ms. Sakarello : s Re: ZBA Variance # 7566 I received your email regarding submission of "Green Cards" before the Thursday meeting. I have misread the instruction where the neighbor letters had to be "Certified Mail, Return Receipt" and mailed the letters "Certified Mail." I was not familiar with the distinction when I mailed the letters at the Post Office as I do not use this type of mailing method. Subsequently, after receiving your email regarding "Green Cards" the Post Office agent advised that I could provide similar documentation by going to the USPS Tracking site and put the "Certified Mail Receipt" tracking number in and get the status of the delivery for every letter. I did so and copied/compiled the USPS delivery status onto the attached with the neighbor name and tax map number shown below the USPS tracking number. I hope this meets the requirement of documentation. Regards, Michael A. Kelly 1450 Marlene Lane Mattituck, NY 11952 BOARD MEMBERS Southold Town Nall Leslie Kanes Weisman,Chairperson �*OF S�UlyO 53095 Main Road•P.O.Box 1179 !�Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes CA Town Annex/First Floor, Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento l,YCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 December 28,2021 Michael Kelly 1450 Marlene Lane Mattituck,NY 11952 RE: Appeal No.7566,Kelly 1450 Marlene Lane,Mattituck SCTM No. 1000-144-2-35 Dear Mr, Kelly; Transmitted fpr your records,is a.copy of the Board's December 16, 2021 Findings,. 7?eliberations,arid Iaeteri iiiatiQn, the'original,of�whigh was"filed witli fhe'Town-,Cle'rk _ regarding tlie'-above_variance application.; -Before commenping any construction-activities, a building permit is.necessary: _Please;be. . _ -,s ure to submit_ai_applicatiori,along with-a copy of the attached determination to the Building: If you have any questions,please don't hesitate to contact our-office. Sincere y, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. - SYMBOL LEGEND- E) EGEND 0 MONUMENT FND I I BEARINGS SHOWN HEREON ARE BASED 0 I.P. /I.B. FND ON LIBER 12322 PAGE 0072 0 I.P. /I.B. SET FM LOT 77 TAX LOT 36 I *+ SPOT ELEVATIONS TAX LOT 7 CQ) UTILITY POLE I I >---- GUY WIRE q�[ o- UTILITY POLE W/LIGHT CLF —y STK STK cR LIGHT POLE ti, N69020'50"E foo }054 145.00 m —D— SIGN 6' WOOD FEN. ____=GE" FIRE HYDRANT _— _ OCT 2 W 2021 PVC FENCE (PVC) V O fV1 7-► ±1R2 N W 13 DRV REM I STOCKADE FENCE (STK) O ±OA U6 ASPHALT DRIVEWAY QX— CHAIN LINK FENCE (CLF) ` W/B.B. CURB Y w< I I ,t) —�— WIRE FENCE Gj I o v o 0 0 0 0 o CONIC. (A I rT, ® MANHOLE p ^y ® °A°-INLET a sH0 0 "B'-INLET a ±5.1' +I TAX LOT 35 3. 0 0 0 ® YARD INLET O z ® YARD INLET 0.a FM LOT 76 z p• z m o o Z A/C UNIT TAX LOT 8 / << ® ELECTRIC METER o z G © GAS METER �° Z z I�, R A = Q IID WATER METER aC ¢I L,w I w M GAS VALVE V 0 L4. S R Ip V, Ci D4 WATER VALVE m l 3 Jo E #1 E O ENC o I m 40- TEST HOLE E, IL WOODTREE SO o o l() oo DECK SHRUB _ ±SH2 Ld In V) (22 7 o PROPOSED) PROVIDED BY OTHERSN • BOLLARD O EXISTING ao ±12.0 D.C. DEQ RENSSED CURB CESSPOOL a o o w FE .FENCE o PROPOSED LOT COVERAGE MAS. MASONRY CgRqI ±24.0 oil m ±39.3' 1 LOT AREA PLAT. PLATFORM FM LOT 75 co?, I p N W 9. off I o 00 1 10,875± S.F. = 0.25± AC. W.W. WINDOW WELL W TAX LOT 8 O ASH Z off O B/W BAY WINDOW / C-4 ❑ I o A/C p OH C/E CELLAR ENTRANCE SH D �I U N 3 FI OH i BUILDING = 1,886± 0/H OVERHANG 3.2 ®, _ R/O ROOF OVER 6 WOOD FEN. STK FND PIPE DECKS/PLATS = 399± CANT. CANTILEVER SHD o �� FEN 145.00 -►t0.4' G.O.L. GENERALLY ON LINE t1►' ±39•} S69 20 50 f0.7't It0.4' ® CROSS CUT POOL = 480± TA Q STAKE FINAL MAP I sTK f3"0•+ GRAVEL 2,846± S.F. = 0.07± AC. 0/L ON LINE FEN 26% LOT COVERED REVIEWED �► �g�� p�/ �I DRIVEWAY �/ !f Y ® v 1 }OA TAX LOT 34 o CURB f2.4-► 7 b LOT COVERAGE SEE ®EUSTON 5 " LOT AREA ®ATE® �� , �p / `r�.;�`�` 10,875± S.F. = 0.25± AC. ��_� BUILDING = 1,886± GRAPHIC SCALE _ _ _ _ _ _ SHED = 81± DECKS/PLATS = 399± I I ,D 2D TITTLE de BOUNDARY NOTES: PECONIC BA Y BOULEVARD LOT AREA 1. CONFLICTING MONUMENTAMON FOUND IN THE VICINITY10,875± S.F. 2366± S.F. = 0..05± AC. OF THIS PROPERTY AND HISTORICAL DEEDS AND OLD (50, WIDE) 0.25± AC. 22% LOT COVERED SURVEYING RECORDS INDICATE THE POSSIBILITY OF ( IN FEET ) VARYING INTERPRETATIONS OF THE PHYSICAL 1 inch = 20 ft. POSITIONING OF THE LINES OF THIS PROPERTY. 1 110/12/20211 REVISED PROPOSED POOL J.H. J.L. REV I DATE IDESCRIPTION I BY CHK �pF NEw _ TAX MAP NO. Q� D�EAp y0 1000-14400-0200-035000 SURVEY OF PROPERTY ytCO7 SCALICE JOB No.S21-2017 SITUATE and surveying ry ey g I n DATE SURVEYED: 07/02/2021 MA SUFFOLK COUNTY, NEW YORK o TOWN OF SOUTHOLD �2 0 50736" J� mjslandsurvey.com P:631 -957-2400 DR.:MC CREW.:AL SCALE: 1" = 20' tP� Q, �A ND S� (1)UNNIfNOR®ALTERATION OR AODMIXN,o lfes SURVEY YAP ffAMNO A IICQ SID LAND SURVEYORS SEAL S A Y gAION OF SECTOR 710D,918 DNmON 7 OF NEW YIXM STALE EWGT DN W9 (2)ONLY BDUNMRf SURVEY MSPS WIN 71ff SURVEYORS EYBD4�SEAL ARE CFNMNE TRUE NO ODRRECf COPIES OF 71@ SURVEYORS O EGI UL MOIM AND OPINION.(J)6AI FlGV DNS ON 7H6 BOUNDARY SURVEY YM SONIFY 11UR THE NAP WAS PREPARED U!A .NDE WITH THE CURRENT E7o5(D!G CODE OF PRACTICE FDR LAND SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCUO101 M PROFESSIONAL LAND SMYYMS.DIC.I E CERTIFICATION 6 LWYED TO PERSONS FOR WHOM THE BOUNDARY SURVEY YAP 6 PREVAI✓fD,1D TIE TRE FAYPANY.T)TIE COVEMMENTN.AGENCY.AND TO TIE LENDING DbTTUTION LISTED ON THIS BOUNDARY SURVEY MAP (4)IHE CERfDiCATI0N5 HEREIN ARE NOT T ANSFEI IE.('U)THE LOCATION OF UNDERGROUND DPRDYDIENIS OR ENCROICHKENTS ARE NOf ALWAYS M0'MN AID) OFTEN MUST BE ESTUWW. O ANY UNDENCNOUND DIRtWEMENTS OR ENCRO.CEWEM^DW OR ARE SHOWN.THE IEOROVEMENTS OR ENCROACHMENTS ARE NOT COVERED BY Tib SURVEY(0)THE OFFSET(OR gYD61LYS)SHOMN=N FTOY THE STRUCTURES TO THE PROPERTY LINES ARE FOR A WMFIC PURPOSE AND USE AND THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FINCES.RETAMING WALLS.FOOLS.PATIOS PANTING ARDS,ADDITIONS TO BUILDINGS.AND ANY OTHER TYPE OF COISTRUCIbN.M PROPERTY CORNETT MORMONS WERE NOT SET AS PMT OF DO SURVEY.(B)THIS SURVEY WAS PERFIND®WITH A SPECTRA FOCUS 30 ROBOTIC TOTAL STATION.(9)TUE DOSIENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD N ANY.NOT SHOWN ARE NOT GIEAPAMEm (HD)SURVEY 6 SIB=T)ANY STATE OF FACTS WHICH AN UP-M-OAT:TRE MANINATON MAY OtSMOSE. 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