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7610
��"► � pow J poD Owner: Kaspar, Michael File #: 7610 Address: 735 Gin Ln Code: 17PA Agent Info Merri Rose Reilly 738 Smithown Bypass, Suite 103 Smithtown, NY 11787 Phone: 631-656-0944 Fax: Email: merri@rdsi-ira.com DY-1 o-cS BOARD MEMBERS ®� so Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� e�®0 53095 Main Road• P.O.Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric DantesOffice Location: �a Robert Lehnert,Jr. Town Annex/First Floor, � ® �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��c®UNT i Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax(631)765-9064 APR 2 8 2022 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING'OF APRIL 21, 2022 Southold Town Clerk ZBA FILE: #7610 NAME OF APPLICANT: Michael Kaspar PROPERTY LOCATION: 735 Gin Lane, Southold, NY SCTM#1000-88-4-7 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 property is a non-conforming 15,625 square foot parcel located in the Residential R-40 Zoning District. The property is a corner lot with the address on Gin Lane which runs along the northeast property line and measures 125.00 feet, the southeasterly property line measures 125.00 feet, the southwest property line measures 125.00 feet and the northwesterly property line measures 125.00 feet and is adjacent to Mid Way. The parcel is improved with a single-story frame dwelling with an attached single-car garage which fronts on Mid Way. At the rear of the residence is an attached wood deck with a railing and stairs from the deck to a brick landing. There is a 10.2 ft by 14.2 ft shed located in the rear yard as show on the survey map prepared by Tamara L. Stillman, LS, and last revised September 14, 2021. BASIS OF APPLICATION: Request for Variance from Article III, Sections 280-15; and the Building Inspector's October 22, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) located in other than the code permitted rear yard; located at 735 Gin Lane, Southold, NY. SCTM#1000- 4-7. RELIEF REQUESTED: The applicant requests a variance to construct an accessory in-ground swimming pool in the front yard upon a parcel having two front yards. The Town Code requires Accessory buildings and structures or other accessory uses shall be located in the required rear yard ADDITIONAL INFORMATION: During the public hearing,the applicant's representative indicated that there were two prior comparable ZBA decisions issued to neighboring properties; #7499 and #7515, both of which approved a side yard location for inground swimming pools. Three letters of support were received from the applicant's neighbors. Page 2,April 21,2022 #7610, Kasper SCTM No. 1000-88-4-7 FINDINGS OF FACT/REASONS FOR BOARD ACTION• The Zoning Board of Appeals held a public hearing on this application on April 7,2021 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 12267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a residential neighborhood consisting of single-family homes. The subject parcel is a corner lot and has two fi•ont yards. The property on the Gin Lane side where the pool is proposed to be located has dense, mature evergreens and other landscape plantings, which will remain, with more evergreen vegetation screening to be added which will ensure that the pool will be well hidden and give the applicant complete privacy in the pool area that, although designated a front yard, is actually the applicant's "architectural"rear yard. 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. Due to the fact that this parcel has two front yards and the existing septic system is located in the rear yard, along with an existing shed and fire pit, there is no other location for the pool other than the site chosen. Recent decisions by this Board; Appeal #7515 and Appeal #7499 similar to this appeal were granted. 3. Town Law$267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, due to the issue of a corner lot with two front yards, the applicant has no other options available to locate the proposed swimming pool. The existing sanitary system is located in the rear yard making it impossible to locate the pool in that area. In addition, the proposed 12 ft. by 30 ft. pool is not a large, and will be completely screened from public view by existing mature landscaping Further, the proposed pool will be set back from Gin Lane a substantial 30 feet (19.4 ft. from the property line) and 24.5 feet from the side property line which will further reduce any impact to the street or the adjoining property. 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)(N(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 X267-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 267-13, motion was offered by Member Acampora seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the survey map prepared by Tamara L. Stilllman, LS, and last revised September 14, 2021. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Additional evergreen screening shall be planted and maintained as proposed by the applicant and shown on the survey prepared by Tamara L. Stillman,LS, cited above. Page 3,April 21,2022 #7610, Kasper SCTM No. 1000-88-4-7 2. 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. 3. Drywell for pool de-watering shall be installed. 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 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 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 tinder 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. IMPORTANT TIME LIMITS ON THIS APPROVAL 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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes, Acampora, Planamento and Lehnert. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing X � /2022 PROPERTY LOT 19 OF l ' MICHAEL KASPAR & S 52'05'50" E 125,00' PROPOSED POOL KATHLEEN KASPAR QUIPMENT m FE. COR. FE. CDR, ✓ OL } 4' AL UMINUh FENECE 0.3' — — — — ON THE �'" � D —X �' SUBDIVISION�MAP +OF FAV PROPOSED 4' HIGH METAL FENCE BAY HAVEN APL'N AROUND POOL ----------------i \1/ 24.5'(5'MIN SETBACK) 1 _ • LOT 18 SHED FILED JANUARY 22, 1959 AS MAP NO. 2910 75.6 (5'MIN. SETBACK) SITUATE AT SOUTHOLD 30.3' 20.1'—� S PXOIOSLING SANITARY \�/ TOWN OF SOUTHOLD 19.4' PROPOSED POOL 1.3 \F?RE PIT /,,/ SUFFOLK COUNTY NEW YORK (35' MIN. (12 X30 ) \ SETBACK) O AREA OF PARCEL = 15,625f SQ.FT. OR 0.359f ACRE SAN. VENT 4' WIDE SELF O �f0'MIN.1 � G GATE , OROF WOOD DECK BRICK Q J OVERHANG WITH RAILING LANDING GARAGE L' � -� ~ Q W ~ 1 f OVERHANG / LOT 31 ---' f Nores 1. ME4SUREMENTSAREINACCORDANCEWITH U.S.STANDARDS. ELEC. - --------------- ---- ------- ---- -------------------- . METER 1 44,4' 13 0 i /,1/ 2. BEARINGS SHOWN ARE REFERENCED TO"MAP OF BAY HAVEN,"FILE MAP NO.2910, \0 I 1 ANDLIBER 12318 OF DEEDS AT PAGE 858. i 3. UNAUTHORIZED ALTERATION OR ADDITION TO A SURVEY MAP BEARING A LICENSED W J VERHANG�1 1—STY, W.D. LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209,SUBDIVISION Z OF THE A I N FR, i N i /1 NEW YORK STATE EDUCATION LAW. PROPOSED 8'0 F,F, EL.=16,6 I; GAR, j �1 O 4. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF DRYWELL FORI' / THE LAND SURVEYOR'S"EMBOSSED"OR"INKED"SEAL SHALL BE CONSIDERED TO BE ` POOL B.W. I CONC, 1 13.0' \l1/� VALID TRUE COPIES_ BR, I PORCH o 34.3' ----- --- /1, o J 5. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED IN STEP \ ACCORDANCE WITH THE EXISTING CODE'OF PRACTICE FOR LAND SURVEYORS L -T ------- I GARAGE ADOPTED BY THE NEW YORK STATE ASSOCIA TION OF PROFESSIONAL LAND WA TER R,O, /`1 � SURVEYORS. SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON FOR WHOM ® METER D ; 1 BR, OVERHANG \1/ FINAL I�1 /� L A P THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, IRR, I Y 1 OIL TANK y�/� STEP � GOVERNMENTAL AGENCYAND LENDING INSTITUTION LISTED HEREONAND TO THE M BOX 131 FIL LCAP \11 ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE 11 UNKNOWN REVIEWED Y � W TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. 1 q 1 VENT �`1 6. RIGHTS-OF-WAY NOT SHOWN ARE NOT CERTIFIED. 3,613bg _ SEE DECISION # 7 l 7. THE SURVEY CLOSES MATHEMATICALLY. �— DATED 1v1 MON. WD, SUFFOLK COUNTY REAL PROPERTY TAX MAP Ni FND, PL TR. DISTRICT 1000 1.6' SECTION 88.00 — — v — — — — — — — — BLOCK 04.00 N 52'05'50" W i 125,00' ASPH, PIPE Lor 007.000 LFND, APRON EDGE OF PAVEMENT 9-14-21 MF MOVED POOL V CLOSER TO NORTH PROPERTY UNE CFD DATE BY DESCRIPTION APPROV. HY � 0 F NE►`,r REVISIONS MID / n V h �a Sp 0 Town of Southold 1 1J W /-� / * ��? ����'P� Suffolk County, New York Z * 735 Gin Lane SOUTHOLD, NEW YORK POOL LOCATION PLAN 050528 L. K. McLEAN ASSOCIATES, P.C. `, CONSULTING ENGINEERS & LAND SURVEYORS �A,7Q - 437 SO. COUNTRY ROAD, BROOKHAVEN, NEWYORK .. _ Surveyed By. J.L, Scale: P, =20' Sheet No. Drawn By, MF Date: AUGUST 5, 2021 1 P"\15119.000 (735 Gin Lane)\Civil dwg\Contract Drawings\Poo( Layout Plan #2.dwg 9/15/2021 11+33 AM Tamara Approved Bye CFD File No. 15118.000 1 POOL SIZE WITH STEP A 5 G D F G H K L M N GAL RUBBER FULCRUM PAD 14X30 14X34 14 30 3'-4" 6'- 14 6 4 4 6 4'-0" 7-41 12900 ac- DIVING BOARD ZEINFORCING ROD 16X2& 16X32 I6 28 3'-4- 6'-6' 6 12 6 4 4 8 4-0" 7-4° 13200 HOW 16X20 16X24 16 ZO 3'14" 6'6" 4 8 4 4 4 8 4-0" 1-4° 9500 i 16X30 16X34 16 30 3'-4" 61-6" B 12 6 4 4 8 4-0" l'-4" 14000 10X16 10X20 16 16 3'-4" 4 6 4 4 2 2 6 2'-0" 7-4' 5500 41-I/2" 12X26 12X30 10 26 3'-4" 6'-6" 6 10 6 4 4 4 4-0" 7-4' 12900 DIVING BOARD Flt 16X26 16X30 12 26 3'-4" 6'-6" 6 10 6 4 4 8 4'-0" 7-4° 13000 \ i 14X20 14X24 16 20 3'-4" 6'-6" 4 8 4 4 4 6 4'-0" 7-4° 9000 I GTIO \ \ 20X44 20X48 14 14 3'-e 8' 14 14 12 4 4 12 4-0" 7-4" 22000 \ / \ ' 20X41 20X46 ZO 42 3'-4" 8' 14 12 12 4 4 12 4'-0" l'-4" 21000 IBX38 18X42 20 38 3,-e B' 10 12 12 4 4 10 4-01 7-4" 18000 \�1// DIVING CARD 18X30 18X34 18 30 3'-4" 6'-6" 6 10 10 4 4 10 4LO' 7-4" 16500 JJ o \ IOX2B IOX32 18 28 3114" V-6" 6 12 6 4 2 6 4-0" 7-4° 12500 18X44 18X48 18 44 3114' e' 14 14 12 4 2 6 4'-0" 7-d" 24000 \ 13x26 13.30 13 26 3'-4" 6' 8 10 4'-3" 4 d 6'-3° 4 7-4" 11600r ` GTIO \ 16x38 16x42 16 35 3'1W B' 14 14 6 4 4 V-4" 4 714" 22000 DEC �:9 �•/ \ LZX24 r e-O" 6'-3" 4'-0" 4'-0" V-3' 4'-0" &'-3 1/8" 9050 \ \ i \ 16X24 16X28 I6'-0° 2d'-0°' 3'-4" l'-0" 6'-0° 81-0" 61-3" 4-o" 4'-0" 8'-3" 4'-0" 6'-3 I/8" 3150 _ \ Tn � 1111 \ ,1`•r iI ^�l✓ > =31' n FILTER 16X32 16X36 I6'-0" 32_ "1 3'-4" 8'-0" 8'-6° 13'-6° &'-311 4'-0" 4-0" 8'-3" 4'-0" 7-4' 1950 '�.'•:..huulL�F-Ua u-' .\ 18X36 18X40 18'-0" 36'-0"' 3'-4" 8'-0' 10'-6" '%". 8'-3" 4-O" 4-0j1 10-3' 4'-0" 1114" 2.500 I ` 20X40 2OX44 20'-0" 40'-0" 3'-4" B'-0' 12'-6" 13'-6" 10'3" 41O" 4'-0" 12'-3" 4•-0' l'-4" 32000 16X34 oX38 I6'-0° 34l-0" 3'-4" B'-0" 10'6' 13'- :a°. 6'-3" 4'-0" 4'A" 8-3" 4'-O" l'-4" 20900 _ . 7S>l5O 25X54 25'-0" 50'-0" 3'-4" 8'-6" 20'x" 13'-6" I2'-3" 4'-0" 4'-0" Il'-3" 4-0" l'-1 5/16° 50150 PUMP a Z _ SKIMMER - MOTOR I &1CTION 30X60 30X64 30'-O" 60'-0" 3'-4" 8'-6° 20'-0° 5'-0" 20'-3" 4-6' 4'-6° 2l'3" 4-61 B-2 3/8" 19550 Al 14X28 14X32 14'-0° 28'-0° 3'14" &'-0"1 8'-0° 12'-0" 41-3° 4'-O" 4-0" 6'-31 4-0° 6'-3 VI6' 12100 13X26 13X30 31-0" 26'-0"1 3'-4" &'-0"1 8'-0" 10'-0" 4-3- 4'-0" 4-0" 6'-3° 4'-0" 6'-3 1/I6° 11600 - POOL PLAN N 16X38 I&X42 I6'-0° 36'-0" 3'-4" 8'-0" 14'-0" 14'-0° 6'-0" 4'-O" d'-0" B'-3° -4'-0" 11-4" 22000 �-* e POOL SIT. A 1 B C D I E F G H K L M 1•I P R GALLONS Complies With- 12X24 W-O" 24-0" 3'-4' 6,-O" 6'-0" SLO" 6'3" 4'-0" 4-0" 4-3° 4-0" 61-34V5" 9'-4" 71'_2" %050 16X24 16'-0" 24-0" 3'-6" 7-01 I 6'-0" W-O" &'-3" 4'-0" 4-0" 8'-3" 4-0" 6'-3-VB" 9'-8° 29'-23/16 8,-5O Section R326�ofthe 2020 Residential 16X32 16'-0" 32'-0" 3'-4" 8'-0" 8'-6" 3'-6" 6'-3" 4'-0" 4-0" 8'-3" 4'-0" 714" 14'-101 36'-I/3/B" 19,-50 Code of New York 18X36 18'-0° 36-0' 314, B'-0" 10'-&' 13'-6" 8'-3' 4'-0" 4-0" 10'-3" 4-0" l'-4" 14-101 401-7" 25.500 Section NI 103.12(8403-12)Residential F2 2OX40 20'-0" 40'-0" 3'-4" 8'-0" L2'-&" B'-6" 10'-3' 4'-0" 4-0"112'--1' 4-0" 7-4" 14'-10" 45'-0-15/16" 32,C) Pools and Permanent Residential Spas ` I6X34 16'-0" 34-0° 3'141 8'-0" 10'-6" B'-6" 6'-3" 4'-0" 4-0" B'-3" 4'-0" 7-4" 14'-IO° 3l'-103/16" 20,900 Section R326.4 Barriers 25X50 25'-0' 50'-0"f3-4" 8'-6' 20'-6° 3'-6" 12-3" 4'-0" 4'-011 Il'-3° 4'-O" 7-13/16" 5'-0" 56'-Z-VB" 58,T�0 Section R326S-8326.6.5 Entrapment tz 0X60 30'-0" 60'-0" 8'-6° 20'-0" 15'-0' 20'-3" 4-6" 4'-6° 21-3° 4'-6" 8'-2-3/8" 16' 1/8" " 79 50Avoidance O" 2B'-0° &'-0" 8'-0" 12'-0° ¢'-3" d'-0" ¢'-0" 6'3" 4'-O° 6-3-I/I6° 12'-11-1/8" 31'-7-II/16° L^,IpO Section 8326.7 Swimming Pool and MIN.2"THICK VERMICUUTE Spa Alarms AGGREGAIE IAMPtRtD I0-3;xw8"-ELF DRILLING SCRFWS AZ BZ C2 D2 SPACED-12'O.G. CONCRETE OR WOOD DECK UP TO - - - - - ---- ----- DOPING(BY OTHER SLOPED AWAY FROM POOL PANS ALUMINUM COPING, SECTION STIFFENER(BEYOND) 5/16"DIA.CARRIAGE BOLTS LONG STEEL ANGLE 00 ff( w/WASHER a NUT I I"LONG WELD - w/TYP.ALUMINUM COATING TOP CORNER I"LONG WELDS ON a VERTICAL FILLER SIDE OF PANEL WELDED TOP a BOTTOM --- ----- -- - I I 20 Vii.VINYL LINER 1-JJZ-"y��IJ• - - --- -- - --- --T T T- - � I AS SHOWN AND COYER OVER WELDS WITH ALUMINUM COATING I \'��FRAME B`1S1F C' STEEL WALL PANEL CURVED FILLER / 1 \ I 3� / 1 TO Rr'71EYE LINER I STEL ANLL 1 C 3/8"-16x1"BOLT,NUT,lJ WASHERS 50L->=D w/5/16 DIA. GARRIA/3E BOLTS �• DRIVE STAKE I I ® NEW r, MOUND WITH: 1 3 CU,FT,CONCRETE SHORT 1 � STEEE ( 2"THICK VERMICULITE AG I tom" 5M- 'ER CONNECTION DETAIL ANGLE: I HARD BOTTOM °x! 1 'II=III=III=1 III=w=III=m=III-w=111 JI' III=In=III=w=111)I- INC, 1 'IIIIIIIJIIIIIII III IIIIIIIIIIII IIIIIIIIIIIIIIIIJII�IIIIII!jlllllll�IIIIIIIIII��IIIIIIIIIIIII' �� � ��: s �`"'��.I�� 1=III-III 11=111=III=IIIEIII=III-III=I-III=III=III I III 3-70 VETERANS MEMORIAL HIGHWAY 1 `III=III=_I I III-III=III=III-III=III=III -IIIJII=III=111= IS"LONG STEEL RE IN I cIII-III I"-In_�i w_���-m.. 11 _11=111=II- �� - BOHEMIA,NEW YORK 11718 i 1 1=111=11 I UNDISTURBED EARTHI'lIt-111=11-11= INTO UNDISTURBED EARTH TH ® (631)585-1618 'B=III=III=III= HOLES IN BaTTOM OF PANEL --- - - ---- --- �i1_II LIII=111_111=111=IIhn-III=r�lih11= _ =III =III=III=III=III=III=III=III=191=III=III-' ILII I IIIIIIII11I1111111111IIIIJIIIIIIIIIIIIIIIII ILII j 1.Ijl III- POOLTYPE:RECFAGLE P.EV. SCALE W.S. JAMES DEERKOSKI.P.E. DATL TYP. PANEL STIFFNER TYPICAL WALL SECTION AT 4A4 RIAI I I N FRAME CK,NLR PAIR DRAWING NUMBO 0 LVJ YORK 11952 OF FORM NO. 3 1010 d TOWN OF-SOUTHOLD BUILDING DEPARTMENT � � 10SOUTHOL-D,N.Y. \ NOTICE OF DISAPPROVALa` �' DATE: October 22, 2021 Y TO: Merri Rose Reilly (Kaspar) 738 Smithtown Bypass, Suite 103 Smithtown,NY 11787 Please take notice that your application dated October 8, 2021: For permit to: Construct an accessoryn-ground swimmingop of at: Location of property: 735 Gin Lane, Southold,NY County Tax Map No. 1000—Section 88 Block 4 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory swimming pool on this nonconforming 15,625sg.ft. parcel in the Residential R-40 District is not perimitted-pursuant to A-.Ie III Section 280-15, which states: "Accessory buildings and structures or other accessory uses shall be located in the required rear yard". The proposed is located in the front yardis located in the front yard. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee:$ Filed By: Assignment No. —� APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ` ''_ /00 AREA VARIANCE ?41.7.1 House No)22 5 Street 64N Hamlet SOU -ft+auc) DEC -0 8 .s�1- SCTM 1000 Section ft Block 4 Lot(s) 1 Lot Size�rJ6ZsToa�tt+e ne 1'0 I(WE)A P +' L E NVRITTEN DETERMINATION OF THE BUILDINCI IN PECTOR DATED BASED ON SURVEY/SITE PLAN DATED I IIl° S Owner(s): 'K< Mailing Address: $35 �T E90lb WAY, LO-)(0 hEACA 1 iA Telephone:S1(0 n3(03Wax: Email: MLGt-WEL• � 1360J. CA091-4 NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:V 6E*' f'�u'T for( Owner( )Other: Address: 3 5MtT §YPASS SU M 03, 5M qtffqjJ1,) 176-1 Telephone:0?JK&4Q0DqA T-Vax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), 0 Authorized Representative, ( )Other Name/Address below: WHEREB�THEE RUI�LDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 10 o FOR: Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use O Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: IL9(- Subsection: Type of,A,pp•eal. An Appeal is made for: 64A 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, hA has not been made at any time with respect to this Property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment td t�arby properties if granted,because: 0jF ��fit. � P►'�f� I��v[� P��uc���, _ ,n...� 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant toursue, other than an area variance,,because: —M-6 � is A CQ (DT—-Pt SID& xz�I?D 'ate-iNA4(- 11) KAP) A, PAt;�–Pft-0 t FIK-6 I01T 1_ (ACCOP( -M5 FOOL, [l -PlE W VX" BL ITb(TWps 1 OTD 1> ►c '7 �(L� YAfZ TO ftAD[D Tf e?q' j ; 'Si*i j y (bo�- 3.The amount of relief requested is not substantial because: W-OL WT W I 117 M, PT *U)S 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: f7-12-jo" Ef-114 S��� Ut-�j � 1—IM -*)SU VOLL, wo)� - to�r�y -rtfu �E T Ij�-P /, 5.Has the alleged difficulty been self-created? { }Yes,or'sA No Why: `' -fW 6APU Vex-I M fTNN '�;YS"f E?--(. Iii RPCA �*ACL, (2?q S�kk7 G "CP-- T-, WE. HE \N01EP K0 Idyl V WttnF HCl S� Are there any Covenants or Restrictions concerning this land? %�QNo { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to befoje me this'e1►d day of ZCB y 20 2 AIZA—i�-- No Pub is GINA PRUDENTE Notary Public, State Of New York No. 01 PR4960557 Qualified In Suffolk County Commission Expires December 26, 20 APPLICANT'S PROJECT DESCRIPTION APPLICANT: A60424 POE6 gel LU DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: SOL%— p H.New Construction Areas (New Dwelling or New Additions/Extensions): P[A. Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary):Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: F°-o PTOSED 12 1C 30 t•h-P. P�-10 5uW?.dU o ' 1 zq ib ouc,C, w a 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: Proposed increase of building coverage: Square footage of your lot: 16 1 b2 S Percentage of coverage of your lot by building area: V.Purpose of New Construction: NGA) 111'Zo l•b •PbaL 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): Please submit 8 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 + r t y QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? �l Yes - No B. Are there any proposals to change or alter land contours? _ No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? NO 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? UO 4.)If your property contains wetlands or pond a eas,have you contacted the Office of the Town trustees for its determination of j indiction? IJ JA. 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? W 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?00 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach:all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? 00 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel BUST. SINGLE and the proposed use 5W,E; W t1ti l- U• PcWL (ex: existing single family,proposed: same with garage,pool or other) tllr P2-1 Authorized signature and Date TOWN OF SOU'THOLD BUILDING DEPARTMENT ;k^;r���RI r• `� '€Olid' CLERKS OFFICE - n SOUTHOLD, N. Y. ' 1 -DEC 0 3 9021 CERTIFICATE OF OCCUPANCY No. .. .. . . .... Date .... .... .... . ... . ...�. . ... . . ., 19-6-1- TMS CERTIFIES that the building located at ... ��....._ .... Street Map NoBej.,. H V,01j.. Block No. .... ..............Lot No, .1.8..........,..Sa.athald.............. ............... conforms substantially to the Application for Building Permit heretofore filed in this office dated .................... X6V;�TffbVr.,,,.3,©19. w pursuant to which Building Permit No. dated . ......... . .•..• ............... ..., 19.. . ., was issued, and conforms to all of the require- ments �k�' ��3 mentss of the applicable provisions of the law. The occupancy for which this certificate is issued is. .... This certificate is issued to L izlia ... . ,�:2 . .................. (owner, or tenant) of the aforesaid building: k:. . ... �; Building lnspecto FORM NO. 4 . TOWN OF SOUTHOLD qq BUILDING DEPARTMENT � Y 'CL of, I :,P Office of the Building Inspector Town Hall Southold, N.Y. DEC 0 CERTIFICATE OF OCCUPANCY No: Z-25397 Date: 11/26/97,. THIS CERTIFIES that the building ACCESSORY Location of Property: 735 GIN LA SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 88- Block 4 Lot 7 subdivision Filed Map No., Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 22, 1997 pursuant, to' which Building Permit No. 24181-Z dated JUNE..11, .199.7 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 ACCESSORY BUILDING IN THE REQUIRED REAR YARD AS APPLIED FOR. The certificate is issued to ROBERT A. & CAROL A. CLEMENTS (000A), of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspe or Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD ;c �ri x BUILDING DEPARTMENT �011 Office of the Building Inspector �` j 2029 Town Hall Southoldi N:Y. CERTIFICATE OF OCCUPANCY No: 2-26253 Date: 02/01/99 THIS CERTIFIES that the building ADDITION Location of Property: 735 GIN LA SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 88 Block 4 Lot 7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER 4, 1998 pursuant to which Building Permit No. 25493-Z dated JANUARY 25, .1999 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 DECK ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR AS BUILT The certificate is issued to ROBERT. A & CAROL A. CLEMENTS (OWNER') of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS 1; TOWN OF SOUTHOLD /A�D,D WHEN TO USE THIS FORM: This form must be completed by the applicant fort a y�spea 'use permit, site plan approval,use variance, area variance or subdivision approval on rczp . {h1 610"t".'� tY Ls agricultural district OR within 500 feet of a farm operation located in angriufal'dis 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 the General Municipal Law. 1. Name of Applicant: 1AF4W WU—= �1 2. Address of Applicant-1 2olb SM ovW U tTE5 [off SM rl*-TAS Nom& 3. Name of Land Owner(if other than Applicant):ALCt*EL VASPAA 4. Address of Land Owner:-15&T eW WyAOWNYL- W(o (1%1 5. Description of Proposed Project:30 . til, wl PAMp SU12�'ll fro � EN GLASUVIC 6. Location of Property: (road and Tax map number)735- G(Q W I SWrtDW ( 0lo0" 88'4_� 7. Is the parcel within 500 feet of a farm operation? { } Yes �-} No 8. Is this parcel actively farmed? { } Yes {f}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. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (P a e the back his page if ere are additional property owners) Signature of Applicant V Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as 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. 617.20 Appendix B Short Environmental Assessment Form Dr- l 0 yth"? Instructions for Completing120'.42'N I'i,as =fT1 .'i!'dL Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part l:based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): uO 0 1E,(c 6-t +H, I r) Brief Description of Proposed Action: Name-of Applicant.or Sponsor: t � Telephone: �?� &�CqAZL f D�" � (� S �MS E-Mail:He C-1-� —l c Address: City/PO: State: Zip Code: EP 1.Does theproposed'action only involve the legislative adoption of a plan,local law,ordinane, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES Igf—Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? I 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) o Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page I of 4 5. Is the proposed action, NT I NO YES N/A a.A permitted use under the zoning regulations? b.Consistent.with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existirgp ilt� NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed-.CratisaI Env'rr�nr pnta1A NO YES If Yes,identify: Q#Jr CJD l- o 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ;x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the oposed action will exceedrequ�ireo ents,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.ds 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: X 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 it�o 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? )41 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? O_NO❑YES b.Will storm water discharges be directed to established conveyance systems d storm drains)? SMS ` ' If Yes,briefly describe: iLYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: n r 1. 9 2.0 l t 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? f�� r^ ys�C-,V,77111-4- If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applican f� Date: _J Jq J2,1 Signature: G 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?" na No,or Moderate aas , k ,x:a '• `r fay n'' S" +� �' fS '�e small to large impact im pact may may �4 3 occur OCCUr , 1. Will the proposed action create a material conflict with an adopted-land use plan or zoning regulations? 2: Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 t r r r �MMPIRR No,or Moderate small to large x� $#..�% �a� t�R`&^i .� �s i,P u; � Y,�kt�k r. m fcr .' �� ,�z'�ty,3.„ �1-r�` £€'`�^� Impact impact may 12 24 CCUr occur 10. Will the proposed action result in an increase in the potential for erosion,flooding_or drain e_ ' problems? �9 ,.,,,, -� P! r� a,lklws� rads .:T m 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 the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined'that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM mEc, d8 ?1 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 and61_12 Iittatake whatcverr' action is necessaryto avoid same. '"'"� YOUR NAME (Last name,first'name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: Check all_that appy)..__,.._..__.__._ Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion . Approval of Plat Mooring Other(activity) &Z A yW 4(,AED 00 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"incl d es by blood,marriage,or business interest."Business interest"means a business,including a partnership,in yvhich the town officer or employee has even a partial ownership of(or employment by)a corporationlch the town officer.or employee owns more than 5%of the shares. ,..YES . . ... . . . . NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated, Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant(agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that S%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 4 " �/ ,20at _ Sig natu Print Name ��-`�d1.`�'e 1'�" r MICHAEL WILLIAM{gyp Notary public,State of New No.01 MA6224309 Cuafif`ed in Kings Can Commission Expires L Cer; an File in NY GoLfnty AGENT/REPRESENTATIVE vG 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 t eex It � action is necessaryo avoid same r '�aii'3tt9 rr1�. �i YOUR NAME: i G (Last name,first dame,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: Check all that apply)____._. .__ _... _ , ._..- ____._.. .._ . . ..... ..... .... .. . .._. Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion . Approval of Plat Mooring Other(activity) W-A APR4 Lli-n oo 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 w 'ch the town officer or employee has even a partial ownership of(or employment by)a corporation in ch the town officer.or employee owns more than 5%of the shares. YES .. NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agenttrepresentative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this d y o 10✓ 20 Z1 Signature lid Print Name /f/G� ✓�� MICHA' L.WILLIAM MARRA Notary Public,State of New York Na.41MA62243 9 Qualified in Kings ou Commission Expires Cen ui-File in NY C unty Board.of Zoning Appeals Application Al, AUTHORIZATION (Where the Applicant is not the Owner) .residing at 93.S' (Print properly owner's name) (Mailing Address) Ar-tt l�"� 11�` do hereby authorized —� (Agent) to apply for variances) on my behalf from the Southold Zoning Board of Appeals. �y (Owner's Signature) (Print Owner's Name) t',-d ''��"ffl-WILLIAM MAR N0t@rv'.ublic,State of MICHAEL,WILLIAM iUARRA 01MA York Notary Public,State of New York in 309 No.01 MA6224309 9s C nt { Uri F lgires t - Qualified in Kings 'L i f+in NY o ty Commission Expires Cert.on File in NY ounty APPLICANT/OWNER DEC TRANSACTIONAL DISCLOSURE FORM 017 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME AYI P� (Last name,first name,middle initial,unless you are I pplying 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) Tag grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) - ,1 W. "f('\J Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)-a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ! — If No,sign and,date below.If YES,complete the balance of this.,form and date and sign where indicated. Name of.person employed by the Town of-Southold Title or position of that person Describe the relationship between yourself(the applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. _The towli officer or_employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of I ,202-1 Signature ,, I Print Name I �1�Ill/l I�" � Ica, t/7�C �" �. GINA PRUDENTE Notary Public, State Of Ne _ o No. 01 PR4960557 Qualified In Suffolk County-- Commitsion Expires December 26, 20 V Board:of Zoning Appeals Application D EU" ��id�ad�C r,abut?(;�•f AUTHORIZATION (Where the Applicant is not the Owner) g2 %A I, 4� .residing at (Print properly owner's name) (Mailing Address) 446-Pz-)tc i- Ljj f Z do hereby authorize m eon- V—El (Agent) to apply for variances) on my behalf from the Southold Zoning Board of Appeals. (Owner' Signature) (Print Owner's Name) G�1 WHA@L WILLIAM MAR N tarY Public,State of N MICHAEL WILLIAM MARRA No,01 MA622 g ork Notary Public,State of New York Q0ellfled in Ki o ty No.01 MA6224309 Co�1figglon Expi ?� Qualified in Kingstu 2- ft-ft,on F in NY C unt Commission Expires Cert.on File in NYnty Board of Zoning Appeals Application DEC 0a ?rIll AUTHORIZATION 7G=FWS (Where the Applicant is not the Owner) d I, K( C—L residing at lb34;-- Ei�&T (Print property owner's name) (Mailing Address) X► t' / I IS'0O do hereby authorize R ?DEC— I ` L (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. f (Owner's ignature) KGL (Print Owner's Name) t DISCLOSURE AFFIDAVIT , FORM ##8 In the matter of the Application of Name of Applicant(s) (Exactly as name appears on deed, lease and/or contract) for a variance,modification, revocation of declaration of Affidavit of Certification by applicant pursuant to the restrictions, or(state other relief requested) which provisions of Sec.809 of the General Municipal Law requires the favorable exercise of discretion by &Sec. 264 of the Building Zone Ordinance of Town the Board mentioned below* of Hempstead BEFORE: Board of Appeals of the Refer to the preamble Form #8A disclosure before Town of Hempstead completing this form. Every applicant, owner, lessee, agent, contract vendee and attorney must execute this disclosure affidavit. STATE OF NEW YORK ss.: COUNTY OF NASSA being duly sworn,. Name (Exactly as name appears on ed, lease and/or cont act) deposes and say (s): Strike out inapplicable phrases, let or words and N in,where necessary. Your deponent(s) is(are) (an attorney for n agent o (an officer of) the applicant(s) in the above entitled proceeding,(and) (who) is(are) the owner( 'n fe ,(contract vendee)(lessee) or(describe other category) of the premises referred to in the application.a is (are) interested in the outcome thereof (except as otherwise stated) and there are no other persc ns in rested either in the fee ownership or as holder of an encumbrance upon the property. Your deponent's address is as follows: (street) (town/city). (state) (zip) TO BE COMPLETED BY BUSINESS - IF NOT APPLICABL PLEASE LEAVE BLANK. Your deponent is an officer, (office title) of (name of corporatio n)company) a corporation duly'organized and existing under and by virtue of the laws of the State of New'York, with its principal place of business at: (street) (town/city) (state) (zip) All officers; directors and shareholders and their addresses are as follows: OFFICERS: ADDRESS: Town of Southold LNV.RP CONSISTENCY ASSESSME-11IT FORM DEC 0 15 91191 A. INSTRUCTIONS C s °-r' r" 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency.'*Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. if any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not W un&rtakcn. 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,O{F SITE AND PROPOSED ACTION SCTm.# �� - "T" The Application has been submitted to(checkappropriate response): Town Board E Planning Dept. U Building Dept. Y� Board of Trustees I. 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) r (b) Financial assistance(e.g. grant, loan,subsidy) (c) Permit, approval, license,certification: Nature and extent of action- P- �10 _sUU) 0 DEC 0 Location of action: Li��Jl1=1C- C b Pfes'.'IL5 Site acrcagc' :' • f/� dp�� Present land use:S%PaS Rt-LL W Present zoning classification: 2, If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 1 A 90GE (b) Mailing address: p6b %j (fit o"i T (c) Telephone number:Area Code( & f (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No If yes,which state or federal aguncy` 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. L?�Ves No (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L(WRRPP Section III—Policies Pages 3 through 6 for evaluation criteria T/--1 Yes No ❑ (Not Applicable—please explain) DEC ' Attach additional sheets if necessary .' ii�u`alv7r Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes 0 No �, (Not Applicable-please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria `Yes No 77r(Not Applicable-please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria YesEl No 0 (Not Applicable-please explain) Attach additional sheets if necessary _T Policy 6, Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-Policies; Pages 22 through 32 for evaluation criteria. 4-11 -yes i_!l No U (Not Applicable-please explain) f A �y � C \ nn DEC 0 t+ Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III —Policies Pages 32 through-34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes FT]No (Not Applicable—please explain) Attach Aditional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. 6�yes EI No E (Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 through 46 for evaluation criteria. r� ,�( 'I Ye�--1 No 17`y'(Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES DEr Policy 10, Protect Southold's water-dependent uses and promote siting of new water-dependent uses inV suitable locations. See LWRP Section III—Policies;Pages 47 through 56 fo tevb., alfer9 r Yes ❑ No 0 (Not Applicable—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section.III—Policies; Pages 57 through 62 for evaluation criteria. L'1 Yes ❑ No A Not Applicable—please explain UW Attach additional sheets if necessary �M Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No R Not Applicable—please.explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies;Pages 65 through 68 for evaluation criteria. Yes ��� No Not Applicable—please explain �3S (AN W Sa�1t1�-D -s. t:t 4 r II' F � . t. t �3s UtN (,N Souo� wy t,OO 1!N G CAQ- 11 -bo ?M.4', Aill } Yin, .E'It M F.o- S i xr'� ry `� `" H�` � rr{�'}��5�', t�f_Y �✓, a�� .,, c .>t+�r�� fl; f.ry TOWN OF SOUTHOLD FR0F 7 5 DRD CARD STREET VILLAGE DISTRICT SUB. LOT Y a� iTt. _ f FORMER OWNER Nx° E w ACREAGE e I S W TYPE OF BUILDING RES, -° SEAS, VL. FARM COMM. ( IND. I CB. I Misc. I Est. Mkt. Value ._......_. -- LAND IMP. TOTAL DATE REMARKS " - , . a kln 4;04-�T: L I a 7 t4r),'fai-- Un,v,Afxsvc, fe, U"Mfd' Co n g '5' u. C� x -y ;g �, _.. -- - NEW NORMALj BELOW ABOVE FRONTAGE ON WATER Form Acres, Lc;- j Value Per Acre Value FRONTAGE ON ROAD 11-S - ----- _................... - liable 1 (�,� BULKHEAD Tillable 2 ; " DOCK ..-_._..._................_._. ....._.-_�� _ _- __ - -.T _- ... . . ... _---- ------ --- Tillable 3 F Woodland _ -------- Swampland _.._..__.._ _.._.__ _._._--= - --- —__-- — ---- --— Brushlar,4. House Plot y,✓- P��,t�Cts..-' _— _.-_.._..............-......_. Total 001 2 -7 2021 ' T ( .. pp 7V r _ I _ .......... f i M. Bldg. xe �� Found tion Both ............__. _.._.. _. : _ -- -- -. ..... . -- _- —-------i ------- -_._... _ - ........ _.— Extension j - ment FU L Floors .... .... —...... - I /�� tension P � t„ ..- � •p � � � xt. Walls ��-�-�- Interior Finish -�-�1..---- . ..._._ /< - Extension Fire Place — Heat _..-- - _...........__ G t✓ _ ----- --- ...........--— --- -- -- ...... Y,/0 Porch j Roof Type _ *l Rooms lst Floor _ L_ ___. Porch Breezeway I Patio Rooms 2nd Floor _ _.._ _. _ Garage R r� �"..�". � �.� �..a' D ' ewoy � �Dormer O. B. 41 E ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: December 6, 2021 ZBA# NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7610 Kaspar, Michael 5110 $500.00 RECEIVED D EC - 7 2021 1 Southold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. ter, u .��� �Y�- s+-" '.�*�•�`, �a � - ,, o�oS11FF0(�-�o ELIZABETH A.NEVILLE,MMC �� l/y Town Hall,53095 Main Road TOWN CLERKo= P.O.Box 1179 COO Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0-0 .F Fax(631)765-6145 MARRIAGE OFFICERTelephone RECORDS MANAGEMENT OFFICER �,( ��® FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 8, 2021 RE: Zoning Appeal No. 7610 Transmitted herewith is Zoning Appeals No. 7610 for Michael KasAar: ZNotice(s) of Disapproval _ZThe 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) _Agricultural 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) /LW" Consistency Assessment Form Photos Property Record Card(s) Maps- Survey/Site Plan Drawings gown of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/08/21 Receipt#: 288401 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7610 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#5110 $500.00 Kaspar, Michael Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kaspar, Michael 835 East Broadway Long Beach, NY 11561 Clerk ID: JENNIFER internal ID:7610 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SOF SO(/ry 53095 Main Road•P.O.Box 1179 Dantes Southold,NY 11971-0959 Patricia ra Office Location: Eric antes N Town Annex/First Floor, Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOUM Southold,NY 11971 http://southoldtownny.gov REINED ZONING BOARD OF APPEALS JUN 1 8 2020�&A TOWN OF SOUTHOLD Q Tel.(631)765-1809•Fax(631)765-9064 80 gold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 17,2021 1 ZBA FILE:#7515 1 NAME OF APPLICANT: Marcel and Shelly Dzama PROPERTY LOCATION: 1620 Koke Drive, Southold,NY SCTM# 1000-87-5-19.3 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 April 23,2021 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 24,720 square foot parcel located in an R-40 Zoning District.The parcel runs 103.00 feet along Main Bayview Road,240.00 feet along Koke Drive(a 30-foot private road), 103.00 feet on the South side,and 240.00 feet on the North side. The parcel is improved with a two-story frame dwelling, a screened porch, a covered porch, an accessory frame garage, two accessory frame sheds,a greenhouse,and a trellis. All is shown on a survey prepared by Kenneth M. Woychuck,L.L.S. last revised March 10,2021. BASIS OF APPLICATION: Request for Variances from Sections 280-15; and the Building Inspector's April 19, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and to legalize an existing accessory greenhouse; at 1)pool is located in other than the code permitted rear yard; 2) greenhouse is located in other than the code permitted rear yard; located at: 1620 Koke Drive Southold,NY 1000- 87-5-19.3 RELIEF REQUESTED: The applicant requests variances to construct an in-ground swimming pool in a side yard location where town code requires swimming pools to be located in the rear yard and to legalize an accessory green house in a front yard location where code requires accessory structures be located in the rear yard. Page 2,June 17,2021 #7515,Dzama SCTM Np. 1000-87-5-19.3 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 3,2021 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 $267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is a residential neighborhood consisting of single-family homes. The subject parcel is a corner lot and has two front yards.A 12-foot-wide Right of Way along the easterly side yard effectively operates as a third front yard. The applicant proposes to place the swimming pool behind two corners of the house so that the house screens the pool from both Main Bayview Road and Koke Drive. If the applicant were to place the swimming pool in a code conforming rear yard location it would be more visible to the neighborhood than in the proposed location. The existing greenhouse is a 6 x 10-foot transparent structure. Koke Drive is a private road that does not have much trafc. The non-conforming front yard location of the greenhouse will not affect the character of the neighborhood. The property is heavily screened from view from both streets by mature landscaping and natural vegetation. 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 could place the swimming pool in a code conforming location and demolish the greenhouse,move,rebuild it in a conforming location 3. Town Law 4267-b(3)(b)(3). The variances granted herein is mathematically substantial,representing 100%relief from the code for both the swimming pool and the greenhouse. However,the proposed swimming pool location will be behind the front of the house which is facing Main Bayview and in the"architectural"rear yard where there is the greatest privacy because it will be Iess visible to the neighbors than a code conforming swimming pool location. The 6 x 10 glass greenhouse is a passive structure that is transparent and only used to grow plants and has existed in its current location without adverse impact for many years. 4. Town Law 5267-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 5267-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 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and greenhouse while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD:In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Dantes,seconded by Member Acampora,and duly carried, to GRANT the variances as applied for, and shown on the survey prepared by Kenneth M. Woychuck L.L.S., last revised March 10,2021. Page 3,June 17,2021 #7515,Dzama SCTM No. 1000-87-5-19.3 This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board ofAppeals,failure to comply with the above conditions may render this decision 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. 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. 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),Acampora,Dantes,Lehnert, and Planamento(5-0). k c Leslie Kanes Weisman,Chairperson Approved for filing ��/2021 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ®�,� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia DantesAcampra Office Location: Eric DanteS �, Town Annex/First Floor, Robert Lehnert,Jr. �, 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 RECEIVED P http://southoldtownny.gov Qc� 3` ( ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUN 1 80?�� Tel.(631)765-1809-Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 17,2021 I f LJ ZBA FILE: #7499 NAME OF APPLICANT: Petros &Penny Tsekouras PROPERTY LOCATION: 1852 North Bayview Road, Southold SCTM No, 1000-70-12-39.4 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 April 12,2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated April 27, 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION: The subject property is an 69,066 sq. ft. parcel located in an R-40 Zoning District. The property is an L-shaped lot with 100 feet of frontage on a private right of way, before it turns east for 325 feet towards Goose Creek. There is an approximately 361 feet frontage along Goose Creek before the property turns for approximately 146 feet west along Goose Creek, then turns upland for 174 feet before returning 300 feet back to the private right-of-way. The parcel is improved with a two-story frame dwelling with a second-floor wood deck as shown on survey, depicting the proposed swimming pool, prepared by Kenneth M. Woychuk, L.S., last revised January 20,2021. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15; and the Building Inspector's March 15, 2021. Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1)located in other than the code permitted rear yard;located at: 1852 North Bayview Road,(Adj. to Goose Creek) Southold,NY, SCTM No. 1000-70-12-39.4. RELIEF REQUESTED: The applicant requests a variance to install a swimming pool in the side yard where the code requires that all accessory structures be located in the rear yard. Page 2,June 17,2021 97499,Tsekouras SCTM No. 1000-70-12-39.4 ADDITIONAL INFORMATION: The applicant's agent presented testimony to explain how the odd shape of the property necessitates the location of the proposed pool, as well as placement of the existing sanitary system. �� FINDINGS OF FACT/REASONS FOR BOARD ACTION: /)W`0 The Zoning Board of Appeals held a public hearing on this application on June 3,2021 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 5267-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 proposed pool will be at grade towards the rear of the house and will be screened from view by mature landscaping. Due to the odd shaped lots in this neighborhood, the large setback from North Bayview,and the waterfront nature of the parcel it will not produce an undesirable change in the neighborhood. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The irregular shape of the property,the location of the tidal wetland boundary at the rear of the property, and the location of the existing sanitary system in an alternative conforming front yard on this waterfront parcel restricts the applicant from placing a pool in a conforming location. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 100%relief from the code. However,due to the odd shape of the property,the proposed placement of the pool is most practical and reasonable with regards to setbacks from tidal wetlands and privacy from neighbors; Additionally,the setback of the proposed pool from North Bayview is approximately 150 feet and is located in the applicant's architectural rear yard.Locating the pool closer to the Tidal Wetland boundary,in the rear yard and adjacent to Goose Creek,may create adverse impacts. 4. Town Law 5267-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 conditions set by this board. 5. Town Law 5267-bQ(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 accessory 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 Weisman(Chairperson),seconded by Member Acampora, and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by Kenneth M.Woychuk,Land Surveyor, last revised January 20,2021. Page 3,June 17,2021 47499,Tsekouras. SCTM No. 1000-70-12-39.4 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool mechanicals shall be placed in a sound deadening enclosure. 2. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible 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 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. 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),Acampora,Dantes,Lehnert, and Planamento(5-0). r Leslie Kanes Weisman, Chairperson Approved for f e ling I //f /2021 v �� _ 0 93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION o��� The Suffolk Times LEGAL NOTICE ( SOUTHOLD TOWN ZONING BOARD OF APPEALS V� THURSDAY,APRIL 7, 2022 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, ` APRIL 7,2022 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. 10:00 A.M.—CHRISTOPHER THIRKIELD#7608—Request for variances from Article III,Section 280-15; Article XXIII,Section 280-124,and the Building Inspector's September 2,2021 Notice of Disapproval based on an application for a permit to legalize an accessory garage and roof over rear patio attached to an existing single family;at 1)located less than the code required minimum rear yard setback of 5 feet,2) located less than the code required minimum side yard setback of 5 feet;3)more than the code permitted maximum lot coverage of 20%; located at:705 Captain Kidd Drive, Mattituck,NY.SCTM No. 1000-106-5- 8. 10:10 A.M.-BAY BEACH, LLC#7609—Request for a variance from Article XXIII,Section 280-124;and the Building Inspector's October 27,2021 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: 1055 Bay Home Road,Southold,NY. SCTM No.1000-56-5-35. 10:20 A.M.-MICHAEL KASPERIMEM Request for a variance from Article III,Section 280-15;and the Building Inspector's October 22,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool;at 1)located in other than the code permitted rear yard; located at:735 Gin Lane,Southold, NY. SCTM No. 1000-88-4-7. 10:30 A.M.-DONNA BELVEDERE#7611—Request for a variance from Article XXIII,Section 280-124;and the Building Inspector's November 17, 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:605 Eastwood Drive,Cutchogue, NY. SCTM No.1000-110-3-21. 10:40 A.M.-THOMAS ANNICQ#7612—Request for a Variance from Article 111,Section 280-15;and the Building Inspector's October 5,2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool,at;1) located in other than the code permitted rear yard; located at i SOUTHOLD TOWN BD OF APPLS 2 ! l 17df93c1-afce-4755-b625-ic7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 305 Halls Creek Drive, Mattituck, NY. SCTM No. 1000-116-7-2. 1 10:50 A.M.-KIM ULMET#7613—Requestfor Variances from Article XXIII,Section 280-124;and the Building Inspector's December 7,2021 Notice of Disapproval based on an application for a permit to construct a covered front porch and screened porch additions to an existing single family dwelling,at; 1) located less than the code required minimum secondary front yard setback of 20 feet;2) located less than the code required minimum rear yard setback of 35 feet;3) more than the code permitted maximum lot coverage of 20%;located at 8385 Great Peconic Bay Blvd, Laurel,NY. SCTM No. 1000-126-9-25. 11:00 A.M.-COLLEEN KRUPSKI#7614—Request for a Variance from Article ii1,Section 280-15;and the Building Inspector's October 5,2021 Notice of Disapproval based on an application for a permit to construct a single family dwelling, at; 1) resulting in an existing accessory barn located in other than the code permitted rear yard;2760 Skunk Lane,Cutchogue, NY. SCTM No. 1000-97-8-31.6. 11:10 A.M.-ANDRES AND MARISSA GARCIA#7615—Request for a Variance from Article 111,Section 280- 15; and the Building inspector's January 11,2022 of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool,at;1) located less than the code required minimum rear yard setback of 10 feet; located at 380 Garden Court,Southold, NY. SCTM No. 1000-63-7-17.7. 1:00 P.M.—JOHN CARTER AND CATHERINE SAMAAN#7634—Request for a variance from Article III, Section 280-15 and the Building Inspector's January 13, 2022 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool;at 1) located in other than the code permitted rear yard; located at: 125 Broadwaters Road, Cutchogue, NY.SCTM No. 1000-104-12-8.2. 1:10 P.M.—WILLIAM C. GOGGINS AND DONNA M. GOGGINS—Request for a Variance from Article XXiII, Section 280-124;and the Building Inspector's December 3,2021 Amended January 11,2022 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:2000 Jackson Street, New Suffolk, NY. SCTM No. 1000-117-10-17. 1:20 P.M.-KATHERINE HUBBARD#7607SE—Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:2465 Elijahs Lane, Mattituck, NY. SCTM#1000- 108-4-7.14. 1:30 P.M.—DOUGLAS MCGAHAN#7653- Request for a Variance from Article IV,Section 280-15;and the Building Inspector's February 17,2022 Notice of Disapproval based on an application for a permit to legalize an "as built"accessory building at; 1) located less than the code required minimum side yard setback of 10 feet; located at: 1820 Stillwater Avenue, Cutchogue, NY. SCTM No. 1000-103-7-11. SOUTHOLD TOWN BD OF APPLS 3 17df93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION ^ The Suffolk Times /100 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 nk/Browse.aspx?dbid=0. If you have questions,please telephone our office at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: March 17,2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E. Fuentes 54375 Main Road(Office Location) 53095 Main Road, P.O. Box 1179(Mailing, USPS) Southold, NY 11971 . i , SOUTHOLD TOWN BD OF APPLS 4 17df93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New'York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: March 31,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. i Signature Eliot T. Putnam ,Printed Name Subscribed and sworn to before me, This 31 day of March 2022 otary Ignatur •STATE• 7 OF NEW FORK '. NOTA X PUBLIC Notary Public Stamp ALBANY ryo C� OIRF.b39 443 • ZR J SOUTHOLD TOWN BD OF APPLS ] ti BOARD MEMBERS V Southold Town Hall Leslie Kanes Weisman,Cha_irperson O�*OF SOry�l 53095 Main Road-P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'COU \� Southold,NY 11971 5 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, APRIL 7, 2022 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, APRIL 7, 2022: 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://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.aov/calendar.aspx. 10:20 A.M. - MICHAEL KASPER#7610 — Request for a variance from Article III, Section 280- 15; and the Building Inspector's October 22, 2021 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool; at 1) located in other than the code permitted rear yard; located at: 735 Gin Lane, Southold, NY. SCTM No. 1.000-88-4-7. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webl ink/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: March 17, 2022 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 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 coo r? ; Southold,New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS U 0 Vo DATE: March 7, 2022 N1 iN 111.61 Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons,we will continue via Zoom Webinar, as well. Therefore, the April 7, 2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND 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. Below,plea"se-seed=nstructioris required to prepare for the ,ZBA p"ubhc#hearing which�mcludes 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 March 31, 2022. 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 in person meeting,as well as video conferencing. 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 March 31,2022, 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. �•IC Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by SPS Certified Mail nRe"turn<Recei' . 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 March 21,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK 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@southoldtoLNM.gov or elizabeth.sakarellosgtown.southold.n�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>2010-2021 >2021 http://southoldtoM=.gov/DocumentCenter/View/8779/FinalRo112021-Amended I1MFORATANMT Scan and ema�iil the hT�S+PS mai'1'�i�ng receipts; green �signa9tu�re_casrds and a�ff davits to kimf(a�southoldtownny. o�;and *'* PRIOIVIIPTLY II�SaPS MAIIL** the ORIGINALS to the Ttown of Southold,_ZBA,aP;:OB_ox11=79, Southold; NY11�97th:rt Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. 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. 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Laserfiche Instructions ZBA Files ��dd Page 5 Lase.rflche WebLink. - :'s. _.__.. - ntlrweotital Help i�Ab¢ut,t 'Nome BrowseSearch 7o•A`fiQtSouthold>ZOOiry,P.gard of Appeals(ZBA) I:LriltcslAgendasAeg Ibotit>•s/Heanngs 2017 a r s, z 2017 .,( Name —: Page_coijM ;pja�S �`€„ 'g,M -l" Tm• t� :ZB"1/05/2017 -: ._ 7 _...._ Errtrlf;ToBertles '---'-----"--- .. "" •• ZBA-0110512017 Agenda a: ::F ..............._ ,................ _.__._.,._._...._ _._. ...�._ '.i Path ZB"1/05/2017 Hearing' 40 .._- . TovmMoothold¢oning Boardt ............. - ....._ _ j cfAppeals t:;; ZSA•01/055(2017 LN ....3 s (18A1U.WlutestAgenda'snegat .;� a ienolnsrztil7 z —' ;ll NoticeVHearMg5S2017 ,_..__._.._ _.._.:. .___ ........... . .......... ...__............ ...._.__....._. .._...__._...__..__._ .... .. ..r � ZRA-01/1912017 Agenda 2'f ''I Creatlort date �•,._, ......:....................... .......... ............. ... .....__._:.......... .... .. _. ._... .. 1211620142:15:14 Ptd ;.11..( ZBA-02=/2017 7 Last modIned 1:.?f D ZHA-0LON2017Agenda 4 it 6/1920174:53:59 PM �':i;.a ZBh02/022017Headng 45 -- 6r .. ... .. ... _...._........ .. .. _ .. ZBA-02/02!1017 LN 3 t 1 Q Z8A-W16121)17Agenda 3. No metodata asst t' .......__. _ ZBA-02/16/20175PecW1 � 3 ....I .. _... ........ . ..... ....... _ ............... ._..._.....-....._..._. ._.__. e Q ZBA-03/02/2017 7 •.. ........__._..... 10F81t P+➢;?!^_?J�_, i::,3 ZBA-03!07/2(W,!genda 4. .:, ;"-i._( ZBA-03102/201Z Hearing.. 65 .. C1 ZBA-031¢2017Agenda 3 ZBA-03/6617 Spedal -3 - -0N0420i7 S .ZBA•0aJ06,2B17 Agenda � 1 _ZM4VO6=17Hear1ng.. 45 _ Above:`Agendas; Mihuites.and Transcr pts:are in chronolo:gical.order. Revised 6/15/2020 i4CoTl (w� E OF HEARI 'i4- - C� 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.1/southoldtownny.g�ov/calendar.aspx NAME KASPER, MICHAEL # 7610 SCTM # : 1 000-88-4-7 VARIANCE : LOCATION REQUEST: SWIMMING POOL DATE THURS. , APRIL 7,; 2022 10:20 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 IS �} TOWN OF S OUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT: OF In the Matter of the Application of MAILINGS v . (Name;of Applcant/ vvner) SCTVI No 0,01n. (Address of Property] (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I,( ) Owner, Agent �� New York, being duly sworn,deposes and says that: On:the clay of 20�i�I personally mailed at the IJnrteti Stas Pds flfce in. Newwork, by CER`T'IFIED MAIL, RETLTT2N:RECEIPT REQL7ESTEI ,a true cbp of the attaekied Legal Notice in Prepaid envelopes addressed to current property. 8.OW.n:ori fhe current.assessment roil Verif ed froXri the official records.on fle with thet4sseSors, o ( ) County:Real. . Property.Office,.-forevery property which.abuts:and is:across a public or..pr vate street, or vehicular right-of way of record, surrounding the applicant's property. (Signature) Sworn to before m e this NINA JOSHI day of 20 2 Notary Public. State of New York , No. 01 J05028173 Qualified in Suffolk County Commission Expires 051231 Z Z" 1C) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next ------ -to-the-o-wner-na-mes-arid-addresses-forr—which-notices_-were-nailed.-- ----- ------All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. 0 - l TM TM ■ Postal CERTIFIEDo RECEIPT Er Domestic Mail Only I Ln Ln Ln Domestic maii Only M. Q i U- New(Drp VT pe, p A L USE - For delivery information,visit our website at Www.usps.corrio.I Cr Certified Mall Fee ri E $ $3.7 5 07$0 Ln Certified Mail Fee fu ^ r r- $3.75• 0780 ' Extra Services&Fees(checkbox,add fee pprbpdate) �!� Q $ ❑Return Recelpt(hardcopy). $ ' 1 1111 I Extra Services&FeeS(checkbox,add/ee tpp_ ate) 14 Q ❑ Return Receipt(electronic) $ $17,111{ Postmark Q ❑Return Receipt(hardcopy) $ +,{� {,{[J -, Q ❑Certified Mall Restricted Delivery $ �y Q ❑Retum Receipt(electronic)•- $ kl-.J-1i Postmark' 711, IIT Q ❑Adak Signature Required $ Here Q ❑Certified Mail Restricted Delivery $ � Here []Adult Signature Restricted Delivery$ g"'•r-"' Q []Adult Signature Required - $ Q Postage []Adult Signature Restricted Delivery$ lrfrTTrr ' N $0.78 Q Postage .� $-- --— ---- ----- -- ..n. •. _ _ • Ali.'7�-- ---=- ru 03/07/':022 I s , - $7.58 m ra fi3/1j7/2�122 C3 Samash 812 LLC o $I John Pankovcin r- 100 Barclay Street# 11C ! En Q §p 11 Beachwood Court i-------------- New York NY 10001 o/ Lake Grove,NY 11755 Postal Postal ■ , Q ■ ■ Domestic Only Domestic Mail Only' Q Q For delivery Fal :or s J.17 ,i , rXI idt -� E Sou 1 X 1 1 (� www.usp�.com Certified Mail Fee u7 Certified Mail Fee r- $ '$3.75 1.17811 $3.75 117 17 1 1 Extra Services&•Fees(checkbox,add feehrrA�pp ate) (14 Q Extra Services&Fees�(checkbox,add lee s r�Bate) 04 Q ❑Retum Receipt(hardcopy) $. P5r,I,II,J ❑Return Receipt(hardcopy) $ I I I O ❑Return Receipt(electronic). $ $0.00 Postmark i Q Q.. ❑Certified Mail Restricted Delivery $ Q ❑Return Receipt(etectronie) $ 191 111 Postmark Here — ❑CertNled Mall Restricted DeIIVery $ �t 1-1 fir i r Here Q []Adult Signature Required $— Q ❑Adult Signature Restricted Delivery$ 't'"• rtr - Q []Adult Signature Regdlred $ sri.Flo ' Q Postage ❑Adult Signature Restricted Delivery$ $0.78 Q Postage ° r-4 $----� — - __ —0 $0.708 M $ $7.58 113/1:17/2:122 m T $7.58 ------ —03/07/2922 < Eva Marelic Q $ Suzanne M. Meehan {C3 i 213 14th Street ! 2 .. 700 Bay Haven Lane I. .: 1 Palisades Park, NJ 07650 ------------ Southold,NY 11971 I U.S. Postal Service" U.S. Postal Service T11 CERTIFIED MAIL o RECEIPT a RECEIPT co Mail Only Domestic Mall Only1 Domestic rnFor delivery information,visit our website at www.usps.com". Q Ne {� i u 1 Ir Roc l � � ' ATI I-I r7 IIr Certified Mail Fee Lf) Certified Mail Fee $3.7c 1_1781_! co ru $ $3.75 r [17',°'11 0 $ L 114 Extra services&Fees(check box,odd/ee p k ate) 1 Extra Services&Fees(checkbox,edd fee Iapp�pAate) r q ❑Retum Receipt(hardcopy) $ 11 I I I ❑Return Receipt(hardcopy) $ it,II�-1.1�-IrI I II I Q ❑Return Receipt(electronic) $ $i{ flu Postmark QReturn Receipt(electronic) $ 0-00 Postmark Q []Certified Mail Restricted Delivery $ Here Q ❑Certified Mall Restricted $ $LIQ-I{i_i Here Q []Adult Signature Required $ $1 >� Q []Adult Signature Required $- -iS:� []Adult SignatureRestricted Delivery$ a', ',L' []Adult Signature Restricted Delivery$ Q Postage Q Postage $0.7° u7 $11.78 --- - a T� — —03/07/202.2 . i $7.58 - - 133/07/j,17122 I ITI $7.58 rQI, 9 $' S. Sonitas & H. Sonitas !o Angel gel Sorvino Q o 176E 77th Street s i r- Lrr. Asset Management Trust I New York,NY 10021 ! t, 157 De Mott Avenue ---------- ! Rockville Center rNY 11570 I qg 009 W w 00 Assoc- o,-. U-)N Bypass Suite 103 4U,-I:E C& Go 7020 2450-- 000l 2899 3596 Ono r2 f 11787 cc alnash 812 LLC 'I Ge t e I-es "Z,4 et I-Ic -7 C3 f!7-IJ RN,; l46 Yl 3 E fl-4 D E R IN rim �===R 711; n-ISPUTE L LE FORWAPD 52R C3 0 I GI A. Signature agent Addressee ■ Complete items 1,2,and 3. X J ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C.Date of Delivery I ■ Attach this card to the back of the mailpiece, or on the front if space permits. ' D. Is deliveryaddress different from item 17 ❑Yes if YES,enter delivery address below: ❑No 110I Michael&Melissa Sorvino 175 Linden Street Rockville Center,NY 11570 3. [3 Priority Mail Express@ 1 13 Adult Signature Service Type E)Registered MailTM II lilllll IIII IIIIIIII IIII III!IIII III II II III III ❑ Istere [3adult Signature Restricted Delivery El Delivery d Mail Restricted Certified Mail@ p gignature,ConfirmationTN ' Certified Mail Restricted Delivery ❑Signature Confirmation 9590 9402 6320 0296 4257 31 ❑Collect on Delivery Restricted Delivery ❑Collect on Delivery Restricted Delivery _2._Article Number..(rransfer. from service label):• 'nsured Mail =ndured Mail Restricted Delivery 7 9 �0 0'O, D.Z5,1 4'[] . ver$Soo) Domestic Return Receipt i. E PS Form 3811,July 2020 PSN 7530-02-000-9053 ONDELIVERY COMPLETETHIS SECTION coMPLErE;THIS sEcriON A. Signature I]Agent ■ Complete items 1,2,and 3. X El Addressee ■ Print your name and address on the reverse C. Date of Delivery so that we can return the card to you. BZ Received by(Printed Name) ■ Attach this card to the back of the mailpiece, or on the front if space permits. ❑Yes 1. Article Addressed to: D. Is delivery address different from item 17 If YES,enter delivery address below: ❑No Eva M�Ifb-fic I 213141x' Street Palisades tPark,NJ 07650 3. Service Type ❑Priority Mail Express@ ❑Adult Signature ❑Registered MailTM III 111111 IIII III I IIII IIII I Ili IIII III IIII II I III ❑Qdult Signature Restricted Delivery Delivery d Mail Restricted Certified Mail@ ❑Signature ConfirmationTm ❑Certified Mail Restricted Delivery ❑Signature Confirmation 9590 9402 6320 0296 4257 24 ❑Collect on Delivery Restricted Delivery ❑Collect on Delivery Restricted Delivery =2. Article_Number_(Transfer frcm service label)- .�. --Ired Mai) n 3�6 ,Q D 0 p D 7 51 , ►'0 6 2 `; fired Mail Restricted Delivery :,7•Q�L11-, Ir$5001 - Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 Postal r. , O s r. Er Domestic Mail Only � e Floc''lam en r � f--1 S CI i U-) Certified Mail Fee r1- $6.75 0780 I C3 $ rr CIS Extra Services&Fees(checkbox,add fee 3s dp ate) E:3 ❑Return Receipt(hardcopy) $ ¢u rib 0 [I Return Receipt(electronic) $ u a=i() Postmark C3 ❑Certified Mail Restricted Delivery $ Here E3 E]Adult Signature Required $ []Adult signature Restricted Delivery$ E3Postage _a $ $0.78 M 03/07 j2022 X7.58 C3 Michael & Melissa Sorvino IL E3 175 Linden Street rti Rockville Center,NY 11570 •--------------- V TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �(o(� SOUTHOLD, NEW YORK � t r AFFIDAVIT T� OF In the Matter of the Application of: POSTING (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK. .1, �"� ?vEj=, Vil residing at 5M(f�1k4111J RYPASS New York, being duly sworn, depose and say that: the ( ) Owner or(1)(IAgent for owner of the subject property rn the day of 202.2„I personally placed the Town's Official Poster on subject property located at: The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall beset back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of AM 121 L —1, (Owner/Agent.Signature) Sworn to before me this Day of 20 22 NINA JOSHI Notary Public. State of New York No. 01J05018173 (Notary 11C Qualified in Suffolk County d Commission Expires 051231 2 22-- I SECTIONON j ■ Complete items 1,2,and 3. A. Signature , ■ Print your name and address on the reverse X A L ���.��� E3 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by ri�ter�d Name) >;.�iDpte o Delivery or on the front if space permits. �� A -I)v , ✓iq I�, Q- 1—-" D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No + John Pankovcin j 11 Beachevood Court Lake Grove,NY 11755 +' I I ll I IIIIII I'll III I III I I I Il I III I II III I I Iill I III 3. Service Type ❑Priority Mail Express® i ❑Adult Signature ❑Registered Mail V � dult Signature Restricted Delivery ❑Registered Mail Restricted' Certified Mail0 Delivery 9590 9402 6320 0296 4257 17 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number.(Transfer.from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery _, sured Mail i 7020` 3`3;6.0 - f obB.-=•d?� 1x}055 � Delivery a : �° '� ?: �i red Mail.Restricted er$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt y COMPLETE • 1 ■ Complete items 1,2,and 3. A. Si nature `� i ■ Print your name and address on the reverse X �IC�� Agent so that we can return the card to you. / // ❑Addressee 1 � b Rec ed r fed Name) C. y •1 ■ Attach this card to the back of the mailpiece, B. - f Delivery �Date l� l or on the front if space permits. 1 1—ArtirlA.Addressed-to, D. Is delivery address different from item 1? 13Yes If YES,enter delivery address below: ❑No Suzanne M. Meehan � 700 Bay Haven Lane � Southold,NY 11971 . II I IIIIII Ilii Ill I II I I I II I III IIII Ill IIIIII I III 3. Service Type o Priority MallMess® ❑Adult Signature El:Registered MailIl ❑,Adult Signature Restricted Delivery [I Registered Mail Restricted' Certified Mail® Delivery ! 9590 9402 6320 0296 4257 48 ❑Certified Mail Restricted Delivery ❑Signature Conflrmation"m ❑Collect on Delivery ❑Signature Confirmation j_2.,ArtigleNumher(TransfeC from seryiceaabeo-..;s ❑Collect on Delivery Restricted Delivery Restricted Delivery I /! 7 02, 11" 316 0'`0`0 Ob Q7 9- 4 C18 6 n sured Mail Restricted Delivery re Iver$500) s PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt—`I COMPLETE •N COMPLETE THIS SECTIONON ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent 13 Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. ArtirlA-Addressed to: D. Is delivery address different from item iT ❑Yes j If YES,enter delivery address below: ❑No & A H. Sonitas U c < �S aaagement Trust j j 157 De Mott Avenue I Rockville Center, NY - 3. Service Type ❑Priority Mail Express® II I IIIIII IIII III I III I I 1111111 IN III II II I II III [I Adult Signature ❑Registered MailT1 ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted, Certified Mail® Delivery 9590 9402 6320 0296 4257 55 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2.Attiele_ _NUmber ransfer_fr9m—serylce_label) r _•— ❑Collect on Delivery Restricted Delivery Restricted Delivery ,,..- , Insured Mail '7 0 2 0 '2 45 Di 0 D 01'k21 9 9 9:5 9;{+ °, Insured Mall Restricted Delivery over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt -1 Sent from my Whone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 5 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®"\,\®F S® 53095 Main Road •P.O. Box 1179 Patricia Acampora ® Southold,NY 11971-0959 Eric Dantes Office Location: ZINC Town Annex/First Floor, Robert Lehnert,Jr. • y® 54375 Main Road(at Youngs Avenue) Nicholas Planamento �i� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS April 25, 2022 TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631)765-9064 Merri Rose Reilly 738 Smithtown Bypass, Ste 103 Smithtown,NY 11787 RE: Appeal No. 7610 Kasper, 735 Gin Lane, Southold SCTM No. 1000-88-4-7 Dear Ms. Reilly; Transmitted for your records is a copy of the Board's April 21, 2022 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. 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. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals. If you have any questions, please don't hesitate to contact our office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. 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