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7615
l ( FScc r- S�� ; ` 7 - ar� ?J f R,�i�"d Owner: Garcia, Marissa File #: 7615 Address: 380 Garden Ct r' KP) Code: 17NP 1 Agent Info Martin D. Finnegan, Esq. 13250 Main Road P.O. Box 1452 Mattituck, NY 11952 Phone: 631-315-6070 Fax: Email: mfinnegan@northfork-legal.com � ✓ L -p I W-IIV1-2-o � -� �� Azo NO BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� ®�® 53095 Main Road•P.O.Box 1179 Patricia Acampora Southold,NY 11971-0959 ` Eric Dantes Office Location: csa � Robert Lehnert,Jr. Town Annex/First Floor, � ® ,� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��C®UNTi Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631) 765-9064 A P R 2 8 2022 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21, 2022 Southold Town Clerk ZBA FILE: #7615 NAME OF APPLICANT: Andres and Marissa Garcia PROPERTY LOCATION: 380 Garden Court, Southold, NY SCTM: 1000-63-7-17.7 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 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated December 21, 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, 24,428 square feet, .58 acre, irregular-shaped lot located in the R40 Residential Zoning District measures L=73.16 feet R=60 feet along Garden Court, then runs east 150.00 feet along open space belonging to Southold Gardens subdivision,then runs north 150.00 feet along the same open space and returns 145.00 west along a residentially developed lot to the north. The subject parcel is developed with a two- story house and attached garage, a paver patio, outdoor shower, air conditioning mechanicals, paver path, gravel driveway and brick entrance path,all as shown on the survey prepared by Donald J.Metzger,License Land Surveyor, and last revised March 1, 2022. BASIS OF APPLICATION: 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. RELIEF REQUESTED: The applicant requests a variance to construct an in-ground swimming pool measuring 15 feet by 26 feet with a 9 feet by 9 feet sundeck, in a compliant rear-yard location, 3 feet from the eastern lot line where the Town Code requires such improvements to be placed a minimum of 10 feet from a rear-yard lot line. ADDITIONAL INFORMATION: No member of the public or immediate neighbor spoke in favor of or against this application,however, an email communication in support of this application was received prior to the public hearing by the Zoning Board of Appeals. Page 2,April 21,2022 #7615, Garcia SCTM No. 1000-63-7-17.7 The subject parcel is covered by the following Certificates of Occupancy: Z-27671 dated May 11, 2001 covering a deck addition to an existing single-family residence Z-30913 dated December 13,2005 covering alterations to an existing single-family residence Z-32381 dated May 31, 2007 covering a deck addition to an existing single-family residence Z-35784 dated June 26, 2012 covering installation of underground electrical service Z-13557 dated May 31, 2016 covering a new, private one-family dwelling with attached garage (based upon a building pen-nit#13245 dated June 21, 1984) The applicant provided inground swimming pool schematics including plan, section, piping and wall cross section prepared by James J. Deerkoski, Licensed Professional Engineer dated March 15, 2021. Prior to the public hearing the applicant's agent submitted a Memorandum of Law on April 5,2022. At this time the applicant also amended their proposed action to increase the size of the inground swimming pool from 15 feet by 26 feet with a 9 foot by 9 foot sundeck to a 10 foot by 32 foot inground swimming pool with 10 foot by 10 foot sundeck. The location of the proposed pool remained 3 feet at its closest point to the eastern lot line. During the public hearing the applicant's agent discussed the need for variance relief in order to place the pool in a location that will avoid damage to several mature trees including two substantial ornamental cherry trees located in the rear yard adjacent to the proposed pool location. Based on the survey provided, illustrating the proposed pool at an unusual angle, 3 feet from the eastern lot line at its closest point and approximately five feet at the other end of the pool, the applicant was asked if they could `straighten' it and run the short side of the pool parallel to the lot line at a minimum of 5 feet. On April 14, 2022 the applicant's agent communicated with the Zoning Board of Appeals stating that the property owner would be willing to provide an amended plan showing the swimming pool at a distance of 5 feet from the rear yard property line to create a less nonconforming setback and that alternative relief for a 5 foot setback was acceptable. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7, 2022 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 M. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Southold Gardens subdivision was established in the late 1970's and was created to include large areas of open space running along various roadways and in between individual residential lots. The subject property has open space on two sides with only one immediate neighbor. Neighbors and passersby will not be able to discern the pool location nor the reduced setback from the public roadway or neighboring properties. Furthermore, the property is substantially screened in the rear yard where the proposed pool is to be located and the surrounding neighborhood is characterized by similar sized dwellings that are improved with swimming pools and accessory structures. As such, the proposed pool will be consistent with the character of the neighborhood and will pose no detriment to nearby properties. 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. While there are mature and beautiful trees on the property, the applicant can place the proposed improvement in a variety of compliant locations, however, in granting alternative relief, the applicant can maintain existing garden areas, trees and tree root systems further enhancing the adjacent open space and community character. Page 3,April 21,2022 #7615, Garcia SCTM No. 1000-63-7-17.7 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 50% relief from the code. However, in granting alternative relief, mature trees and planting beds will be preserved along with abundant screening and vegetated open space. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law _§267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an inground swimming pool measuring 10 feet by 32 feet with a 10 feet by 10 feet sundeck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Planamento,seconded by Member Dantes,and duly carried, to DENY the application as applied for and GRANT ALTERNATIVE RELIEF as follows: U;_ -49kc located five (5) feet from the eastern (rear yard) property line. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Submission of a Certificate of Occupancy,to the Zoning Board of Appeals, covering the installation of an outdoor shower, central air conditioning, and accessory shed(10.3 feet by 12.3 feet)prior to the issuance of a building permit for the proposed swimming pool. `'submission o � .�: 1 the Zoning Board of Appeals illustrating: a)the relocated shed at a minimum of 10 feet from the northern lot line; b) proposed swimming pool in conformance with this decision, no closer than 5 feet from the eastern lot line; c)two decks installed under C of O: Z-27671 and Z-32381. 3. 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 4. 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. Page 4,April 21,2022 #7615,Garcia SCTM No. 1000-63-7-17.7 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Before applying for a building permit the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals 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). r iv!Iti eslie Kanes Weisman,.Chairperson Approved for filing X /;,?-/2022 N SURVEY OF PROPERTY _ A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-63-07-177 FINAL MAP SCALE.• 021 R V I k. �E ' � . �' B_A . MAY 11, 2021 OCTOBER 19, 2021 (PROPOSED POOL) EaUQ' ;' a r 7� )J MARCH 1, 2022 (PROPOSED RELOCA77ON OF SHED) Qa�� �„µ,�. SEPTEMBER 14, 2022 (REVISE PROPOSED LOCA 77ONS PER ZBA) �- _ ' a� $ ,�k5• /�V 104 � 3 vp� E � Q�oe Q , ,5 o ,ao 62.03 GA \:pw.:oyQ9~aa� 3z° P001, N PgOP0 s\ N� 0,a WP(� NAGE �\ QQOQ °o. % Is 010 0-10 -j Otto 403.06 x N�R�t \\ oNc iii v zoo O ooljgT GARSa �( Q vo 17 cv c o SEP 1 2022 0. �//MHfy 7081 NOBOARD OF0PEA!S 7'A MEn� a CERTIFIED TO: E`•9s S `��j NO•� o <�01ENSE0 LOT NUMBERS REFER TO "MAP OF SOUTHOLD GARDENS" FILED IN THE SUFFOLK.COUNTY CLERK'S OFFICE ON MAY 7, 1979 AS FILE NO. 6812. ��� N YS. LIC. NO. 49618 ANY'AL7ERA770N OR ADD17ION TO THIS SURVEY IS A V10LA7)ON N.Y.S. LIC. NO. 051132-01 OF SEC770N 72090F THE NEW YORK S7A7F EDUCA770N LAW. PECONIC SUR RS, P.C. EXCEPT AS PER SEC71ON 7209—SUBDIVISION 2. ALL CER77RCA770NS (631) 765-5020 FAX (631) 765-1797 =STAKEp �+^ HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 ■ =MONUMENT AREA=24,428 SCS. FT. SAID MAP OR COPIES BEAR 7HE IMPRESSED SEAL OF THE SURVEYOR 1230 7RAWLER S7REET WHOSE SIGNATURE APPEARS HEREON. SOU7HOLD, N.Y. 11971 21-010 �s7 -rr�c �3 -o7r s lzCOUNTY OF SUFFOLK �V7_7 f u OFFICE_ OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development,and Planning December 21, 2021 Town of Southold , Zoning Board QfAppeals ; 53095 Main Road. P.O, Box1..17.9 Southold,.NY 11971-0959 Attn: Leslie Wei an Q 1r. 'X ' ]dear Ms.Weisman:.. P:ursuanttothe:requirem nts of-$ecti9,ns.Al4714:thrii:A 44-25.ofthe Suffolk.CountyAdm'inistrative Cade, the folltimg application submitted to the Suffolk County Planning.Cornrn>ssiari >s to be a matter for,lQcal determinatign.as there aear;16'be no significant courity-wide or Triter.-cAImmunity,. -P,. impacts,,"A decision of local determination should not be construed as. either an apprpval or d>sapPre oval - — - - - Anphcarit,:::' :•.:; 1Vlunicipal:FileNWh er:: _. Kim Ulrrtet #7.613=: C.611een Krupski Andres &•lylarissa.Garwa. -.. . P. quot Roint LL'C : 476.16 fig•. Very truly yours, Sarah Lansdale Director-ofP-lanning By Christine D.eSalvo Theodore.R. Klein,,Principal Planner ; TRK/cd Division of Planning.4 Environment. H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 HAUPPAUGE,NY 11788-0099 0'(631)853-5191 FORM NO. 3 °•' TOWN OF SOUTHOLD 1029 BUILDING DEPARTMENT SOUTHOLD,N.Y. X- 7U2,rt9r, NOTICE OF DISAPPROVAL DATE: April 7,2021 RENEWED:'August 6,2021 RENEWED:November 9, 2021 AMENDED:November 9,2021 RENEWED: January 11,2022 AMENDED: January 11,2022 TO: Jason Simmons(Garcia) PO Box 1331 Hampton Bays,NY 11946 Please take notice that your application dated March 17, 2021: For permit to: construct accessory in-ground swimming pool at: Location of property: 380 Garden Court, Southold,NY County Tax Map No. 1000—Section 63 Block 7 Lot 17.7 Is returned herewith and disapproved on the following grounds: The proposed construction,on this nonconforming 24,428 square foot lot in the R-40 District, is not permitted pursuant to Article III Section 280-15,which states lots measuring 20,000-39,999 square feet in size require side and rear setbacks of 10 feet. The swimming pool has a rear yard setback of 3 feet. This Notice of Disapproval has been amended to reflect the revised plan, received on 1/11/22. 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. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. ` iTli NOTICE OF DISAPPROVAL DATE: April 7,2021 RENEWED: August 6;2021 RENEWED: November 9,2021 AMENDED: November 9,2021 TO: Jason Simmons(Garcia) PO Box 1331 Hampton Bays,NY 11946 Please take notice that your application dated March 17,2021: For permit to: construct accessory in-ground swimming pool and legalize an "as built" accessory shed at: Location of property: 380 Garden Court, Southold,NY County Tax Map No. 1000—Section 63 Block 7 Lot 17.7 Is returned herewith and disapproved on the following grounds: The proposed construction,on this nonconforming 24,428 square foot lot in the R-40 District, is not permitted pursuant to Article III Section 280-15,which states lots measuring 20,000-39,999 square feet in size require side and rear setbacks of 10 feet. The swimmingpool has a rear yard setback of 3 feet and the accessory shed has a side vard setback of 8.6 feet. This Notice of Disapproval has been amended to reflect the revised survey, last dated 10/19/21. 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 AREA VARIANCE D E C 5-20111 House No.380 Street GARDEN COURT Hamlet SOUTHOLD ;'/' ,'IT Lr SCTM 1000 Section 063.00 Block 07.00 Lot(S)017.007 Lot Size 24,428 SQ.FT. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 04/07/2021 BASED ON SURVEY/SITE PLAN DATED Owner(s):ANDRES GARCIA AND MARISSA GARCIA Mailing Address:144 N.8TH STREET,APT. 3A, BROOKLYN, NY 11249 Telephone:917-533-6619 Fax: Email:ANDRES_E_GARCIA@HOTMAIL.COM 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:MARTIN D.FINNEGAN,ESQ. for X Owner ( )Other: Address:33 W.SECOND STREET,POB 9398,RIVERHEAD,NY 11901 Telephone:631-727-2180 x265 Fax:631-574-1258 Email: MFINNEGAN@SUFFOLKLAW.COM Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), X Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 10/19/2021 and DENIED AN APPLICATION DATED =0d110n9i2021) FOR: X Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280 Subsection: 15 Type ofpeal. An Appeal is made for: AAA 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, X 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 officefor assistance) Name of Owner: ZBA File# REASONS FOR APPEAL(Please be speck,additional sheets may be used with preparer's /W signature notarized): y��y r e us►=15i j 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: Q n i SEE ATTACHED NARRATIVE. zc; c ATTACHMENT TO AREA VARIANCE APPLICATION OF w o ANDRES AND MARISSA GARCIA APR 0 6 "?2 REASONS FOR APPEAL: By way of this appeal of the Building Inspector's Notice of Disapproval of their building permit application, last amended January 11, 2022, the Applicants are seeking rear yard setback variances from the 10 foot accessory structure setback requirement set forth in §280-115 of Town Code, for lots measuring between 20,000 and 39,999 square feet in total size, to construct a 10 x 32 foot swimming pool with a 10 x 10 sundeck three (3) feet from the rear lot line. The existing shed that sits 8.6 feet from the side yard line will be relocated to a conforming location. For the following reasons, the Applicants submit that a Variance from Section 280-115 is warranted: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject property is comprised of approximately .6 acres in the R-40 zoning district. The rear and side yards of the property abut the subdivision open space for the Southold Gardens Subdivision. The property is substantially screened in the rear yard where the proposed pool is to be located. The surrounding neighborhood is characterized by similar sized dwellings that are improved with swimming pools and accessory structures. As such, the proposed pool will be consistent with the character of the neighborhood and will pose no detriment to nearby properties. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: The Applicants are seeking these variances to avoid the removal or disturbance of mature trees and plantings that exist in the rear yard. There is no feasible way to site the pool, mechanicals and fencing in a more conforming location without damage to the trees and root systems. 3. The amount of requested relief is not substantial because: The Applicants submit that while the rear yard setback is mathematically substantial, it is not practically substantial since the pool fence will straddle abundant screening and vegetated open space. 4. The variance will NOT have an adverse impact on the phy0cal"or environmental conditions in the neighborhood or district because: As stated previously, the proposed swimming pool will abu ivision open space and mature plantings on the Applicants'property that provide ample screening to for the neighboring property to the north. The improvements will be essentially invisible to the surrounding neighborhood. As a Type II action under SEQRA, there is no perceivable environmental impact from the proposed construction. S. Has the alleged difficulty been self-created? To the extent that the the difficulty is self-created, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." r APPLICANT'S PROJECT DESCRIPTION APPLICANT: ANDRES GARCIA AND MARISSA GARCIA DATE PREPARED: is Ji a 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A II.New Construction Areas (New Dwelling or New Additions/Extensions): N/A Zc' IN Dimensions of first floor extension: N/A 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) N/A (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 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: 25.265 Percentage of coverage of your lot by building area: V.Purpose of New Construction: INSTALLATION OF 15'BY 26'VINYL ACCESSORY INGROUND SWIMMING POOL 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): LAND IS SUBSTANTIALLY FLAT. 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 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION $��}}(m¶�� (, A. Is the subject premises listed on the real estate market for sale? V Y'4 Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. z ,Dc' [- "LS- � :AsI1157 C. 1.)Are there areas that contain sand or wetland grasses?NO 2.)Are those areas shown on the survey submitted with this application?N/A 3.)Is the property bulk headed between the wetlands area and the upland building area?NO 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?N/A. Please confirm status of your inquiry or application with the Trustees:N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?NO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe:N/A G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?NO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel RESIDENTIAL SINGLE-FAMILY DWELLING and the proposed use SAME WITH ACCESSORY INGROUND SWIMMING POOL (ex: existing single family,proposed: same with gara r other) 7 Aut zed sig nd Date Town of Southold 6/1/2016 P.O.Box 1179 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 13557 Date: 5/31/2016 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 380 Garden Court, Southold SCTM#: 473889 Sec/Block/Lot: 63.-7-17.7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/20/1984 pursuant to which Building Permit No. 13245 dated 6/21/1984 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: new private one family dwelling with attached garage. Note:This Certificate of Occupancy has been updated on May 31, 2016 to include the attached garage, correct the Building Permit number and change the owners,name only. The certificate is issued to Angelo&Dolores Truglio of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 14-SO-123 6/14/1985 ELECTRICAL CERTIFICATE NO. N 678075 2/11/1985 PLUMBERS CERTIFICATION DATED 3/15/1985 Henry J. Smith& Soii ------------- AuthdW* d Si—gnatuilt, FORM NO. 4 TOWN OF SOUTHOLD f, � BUILDING DEPARTMENT Office of the Building Inspector ;. .:••nj 1 Town. Hall - Southold, all Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27671 Date: 05/12/01 THIS CERTIFIES that the building ADDITION Location of Property: 380 GARDEN CT SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 63 Block 7 Lot 17.7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 18, 1986 pursuant to which Building Permit No. 27284-Z dated MAY 2, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to MARIO & CAROLE CASTELLI (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A A horized Signature Rev. 1/81 FORM NO. 4 -- s TOWN OF SOUTHOLD DEC 6 mj BUILDING DEPARTMENT Office of the Building Inspector Town Hall ( 'd Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30913 Date: 15/13/05 THIS CERTIFIES that the building ALTERATIIONS Location of Property: 380 , GARDEN CT SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 63 Block 7 Lot 17.7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 18, 2004 pursuant to which Building Permit No. 30862-Z dated DECEMBER 21, 2004 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 ALTERATION TO EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ANGELO & DOLORES TRUGLIO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2046828 03/31/05 PLUMBERS CERTIFICATION DATED N/A th ize Signature Rev. 1/81 FORM NO. 4 r t TOWN OF SOUTHOLD BUILDING DEPARTMENT n r r Office of the Building Inspector Town Hall Southold, N.Y. (';-/!�� tmU d.:�JS9n> -db CERTIFICATE OF OCCUPANCY No: Z-32381 Date: 05/31/07 THIS CERTIFIES that the building ADDITION Location of Property: 380 GARDEN CT SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 63 Block 7 Lot 17.7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 21, 2006 pursuant to which Building Permit No_ 32547-Z dated DECEMBER 4, 2006 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 AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ANGELO & DOLORES TRUGLIO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 3032794 05/23/07 PLUPIDBRS CERTIFICATION DATED N/A A, �- �L /Athor4zed ignature Rev. 1/81 IF61 Town of Southold Annex 6/26/2012 P.O. Box 1179 54375 Main Road Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 35784 Date: 6/26/2012 THIS CERTIFIES that the building ELECTRICAL Location of Prop": 380 Garden Ct, Southold, SCTM#: 473889 Sec/Block/Lot: 63.-7-17.7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 6/26/2012 pursuant to which Building Permit No. 37327 dated 6/26/2012 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: underground electric service. The certificate is issued to Angelo&Dolores Trugho (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 37327 6/11/12 PLUMBERS CERTIFICATION DATED Authorized Signature CONSULT YOUR LAWYE 3EFORE SIGNING THIS INSTRUf`_, NT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY -' THIS INDENTURE, made the 26th day of January,.2018 BETWEEN DC Jennifer Frommer, as surviving Tenant by the Entirety of Jeff Scho�&'V'V' diad a' esi 6-0 of the State of Florida on November 16, 2017, residing at 136 East 55th Street, Unit 10K, New York, NY 10022, Grantor, and Marissa Garcia and Andres Garcia, residing at 144 North 8th Street, Apt. 3A, Brooklyn, NY, A be:,-,s, /"rric& -ro -e-Aeln CM-Cr Grantee, WITNESSETH, that Grantor, in consideration of Ten ($10.00) dollars paid by the Grantee, does hereby grant and release unto the Grantee, the heirs or successors and assigns of the Grantee forever, All that certain plot, piece or parcel of land with the buildings and improvements thereon erected situate lying and being MORE FURTHER DESCRIBED IN SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF, SAID premises being known as 380 Garden Court, Southold, New York 11971 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises TO HAVE AND TO HOLD the premises herein granted unto the party of the second part the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatsoever except as aforesaid. AND the party of the first part, in compliance with.Section 13 of the Lien Law, covenants that the party of the first part will receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. the word "party" shall be construed as if it read "parties" whenever the sense so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. IN PRESENCE OF N ER ROMME hane Zwirn,Agent . I Fidelity National Title Insurance Company TITLE NO.F18-7404-106219-SUFF SCHEDULE A-1 (Description) ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York,known and designated as Lot No. 7 on a certain map entitled, "Map of Southold Gardens," filed in the Suffolk County Clerk's Office on May 7, 1979 as Map No.. 6812 and being bounded and described as follows: BEGMING at a point on the.Easterly side of Garden Court where the same is intersected by the dividing line between Lot 7 and Lot 8 on the aforementioned map; RUNNING THENCE North 62 degrees 03 minutes 50 seconds East, 145,00 feet; THENCE South.27 degrees 56 minutes 10 seconds East, 150.06 feet; LIS pp-; THENCE South 62 degrees 03 minutes 50 seconds West, 150.00 feet; THENCE North 48 degrees 04 minutes 20 seconds West, 99.76 feet to the Southerly side of Garden Court; THENCE along the Southerly, Southeasterly and the Easterly side of Garden Court on the arc.of a curve bearing to the left having a radius of 60.00 feet a distance of 73.16 feet to the point or place of BEGINNING, .•,may Ft -L,71_,06e� -7z �.e -1-e- S,4,rLe P,gr-t-r� D�' �-t -f-� r�T pAr'T 1Y /Q -SuST ..3 l7 cam' .17 THE POLICY TOBE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY. Together with all the right, title and interest of the parry of the first part, of in and.to the land lying in the street in front of and adjoining said premises. SCHEDULEA-1(Description) iI TO BE USED ONLY WHLrd'THE ACKNOWLEDGMENT IS Mil LiC IN NEW YORK STATE State of New York, County of Suffolk ) ss: On the 26th day of January in the year 2018 before me, the undersigned, personally appeared Stephane Zwirn, agent personally , known to me or proved to me on the basis of M31 satisfactory evidence to be theindividual(s) Whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgment) 4be,(t 4*fcesc- ROBERT DEFREs9 Notary Publ(c State of New York No.01 DE503511 T,Suffolk County Commission Expires october24.2o18 BARGAIN AND SALE DEED With covenant against Grantor's Acts Title No. Fidelity National Title Insurance Services, LLC 106219 Jennifer Frommer to Marissa and Andres Garcia, tenants by the entirety DISTRICT: 1000 SECTION: 063.00 BLOCK: 07.00 LOT: 017.007 COUNTY OF: SUFFOLK TOWN OF: SOUTHOLD STREET ADDRESS: 380 GARDEN COURT, SOUTHOLD, NY 11971 RETURN TO: David Olsen, Esq. Olsen &.Olsen, LLP 32495 Main Road, P.O. Box 706 Cutchogue, NY 11935 631.734.7666 olsenlaw@olsenlip.com AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Q `� WHEN TO USE THIS FORM: This form must be completed by the applicant f 4T � 1';r,STaa � l permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal - Law. 1. Name of Applicant:ANDRES GARCIA AND MARISSA GARCIA 2. Address of Applicant:144 N.8TH STREET,APT.3A,BROOKLYN,NY 11249 3. Name of Land Owner(if other than Applicant):N/A 4. Address of Land Owner:N/A 5. Description of Proposed Project:INSTALLATION OF 15'BY 26'VINYL ACCESSORY INGROUND SWIMMING POOL 6. Location of Property: (road and Tax map number) 380 GARDEN COURT,SOUTHOLD-SCTM 1000-063.00-07.00-017.007 7. Is the parcel within 500 feet of a farm operation? { } Yes X No 8. Is this parcel actively farmed? { } Yes X 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. (Plea e b ck of this page if there are additional property owners) 2021 Signature o plicant 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. 61 Z20 6Appendix B s..: t1q'( Short Environmental Assessment Form Instructions for Completing 00 Part 1-Project Information. The applicant or project sponsor is responsible for the completion of° art 1. Vesponses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. 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: GARCIA POOL VARIANCE Project Location(describe,and attach a location map): 380 GARDEN COURT, SOUTHOLD -SCTM 1000-063.00-07.00-017.007 Brief Description of Proposed Action: INSTALLATION OF 15'X26'VINYL ACCESSORY INGROUND SWIMMING POOL Name of Applicant or Sponsor: Telephone: 631-727-2180 X265 MARTIN D. FINNEGAN, ESQ. E-Mail: MFINNEGAN@SUFFOLKLAW.COM Address: 33 W. SECOND STREET, POB 9398 City/PO: State: Zip Code: RIVERHEAD NY 11901 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? X If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 0.58 acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.58 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natuV NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmep �ea? NO YES If Yes,identify: a ''liY ° X 8. a.Will the proposed action result in a substantial increase in traffic above present levelst)E ; _ b �Vfl NO YES X b.Are public transportation service(s)available at or near the site of the proposeCin�C'f.'z' —v c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑Urban WSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 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)? , X If Yes,explain purpose and size: /11n 19.Has the site of the proposed action or an adjoining property been the location of an active-or o NO YES solid waste management facility? X If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of re 4 h ''(b going of `"'MI YES completed)for hazardous waste? X If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE l Applicant/sponsor name. D.FINNEGAN,ESQ. Date: ` l Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses'been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 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 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by 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 Town of Southold r LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ;�7 c� �� , �� 1. All applicants for permits* including Town of Southold agencies, shall comp ete s"7 or" proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 063.00 _07.00 _017.007 The Application has been submitted to(check appropriate response): Town Board [11 Planning Dept. [11 Building Dept. ® Board of Trustees 0 ZONING BOARD X OF APPEALS 1. Category of Town of Southold agency action(check appropriate response): NA (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant,loan, subsidy) (c) Permit,approval,license,certification: Nature and extent of action: INSTALLATION OF 15'X26'VINYL ACCESSORY INGROUND SWIMMING POOL Location of action:380 GARDEN COURT,SOUTHOLD-SCTM 1000-063.00-07.00-017.007 Site acreage: 0.58 = ' Present land use:RESIDENTIAL Present zoning classification:R-40 zc ' tc:;-rRR�=`•�r' „�rnr,rn 9, JV' 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:ANDRES GARCIA AND MARISSA GARCIA (b) Mailing address:144 N.8TH STREET,APT.3A, BROOKLYN,NY 11249 (c) Telephone number: Area Code( )917-533-6619 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. [—]Yes ❑ No N Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No N Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria + Yes 0 No ® Not Applicable r,Y6i l ^ F G. rnrr� 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 0 Yes 0 No M Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [] No® Not Applicable j Attach additional sheets if necessary ."'00A� Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III —.Policies Pages 32 through 34 for evaluation criteria. f C-_.,,' �4 tm,+ ❑ Yes ❑ No R Not Applicable q oW. Attach additional 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. ❑Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46.for evaluation criteria. ❑ Yes[] No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No ® Not Applicable Mgt Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable 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 Created on 512510511:20 AM r— Board of Zoning Anneals Am lication AUTHORIZATION PF FiC 5 �tir?'f (Where the Applicant is not the Owner) ANDRES GARCIA I, AND MARISSA GARCIA residing at 144 N. 8TH STREET, APT. 3A, (Print property owner's name) (Mailing Address) BROOKLYN, NY 11249 do hereby authorize MARTIN D. FINNEGAN, ESQ. (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. ANDRES CIA SSA GARCIA AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME• MARTIN D.FINNEGAN,ESQ. / .(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit r Change of Zone Coastal Erosion C? � Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a 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 thisda (. ,2021 Signature Print Name MARTIN D.FINNEGAN,ESQ. - r . t APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnlovees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it totake whatever action is necessary to avoid same. YOURNAME.. ANDRES GARCIA AND MARISSA GARCIA (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a /�1 company.if so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tag grievance Building Permit '- � Variance X Trustee Permit Change of Zone Coastal Erosion ��*, Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you'answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanttageuttrepresentative)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 ofcer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitt@AhisoZa day of �`' �� 20 21 AND MARISSIA GARCIA 1414 rA •,� tee. �'1i!k ' ti N :, ' caa; 47, iL 4-411.1 wi _K r _ , I• v f •.*. .�: �O-\ ''.µ,ms� :Y � s Ji�S •�,� - t .CY\ ,l lam'~" �-,��•:i� �� d�L AO �.q pry" � •([_�•,r tow y�. NI IK i,� � n } -dIS-`a �1 — � 1�ij �'C LL5'1�,.•y �t+«e� � ... -. � .... �r�� -i^� � 'g.•� a.��.tr���'.�',y'(',,ar !c��R -`xb""�'.r'�_^;y`,�i. SCTM # h—06()-('-� _--1 - I-- --/] TOWN OF SOUTHOLD PROPERTY RECORD CARD F OWNER STREET _3 VILLAGE DIST. SUB, LOT -7 � 1 ;� � �� i� �� ' 7 I-V ACR. REMARKS TYPE OF BLD. I I 31191q(o -6P* 1),O(k 'P)e, V f Y-p PROP. CLASS '-112 WIAI '-CAND IMP. TOTAL DATE ?�'ev)o Mn 5-6coor 12- ) 1001 ?.32, laiii c/ f Iq �- 142-G4-7 - it /I(al/7 ) ' FRONTAGE ON WATER OU*4E/L'OT' fa BULKHEAD TOTAL r, Ff y '' ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ i ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■MIS■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ • • • CB Foundation OTHER Bath COMBO Y ' YBasement PARTIAL Floors i lSLAB • 1 Finished iInterior • FP WBS t Ext. Walls BR. i Dormer Baths Solar I V Y I I • , ® Laundry i ■ Library/• ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: December 16, 2021 ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP 7615 Garcia, Andres & 384 $500.00 RECEIVED Marissa DE 2 -0 2021 Garcia, Andres & 7615 Marissa 1028 $250.00 Southold Town Clerk I TOTAL $750.00 Sent via Inter-Office.to Town Clerk by: DW Thank you. - n:fr r s., c bTfir 2v < - a;-;• ~` ^'_' 4''t':;``'?%s�`' $�"; ;'snMYX'....�^;r I-mac• <.-_-,s::' z. "*as 1 -*y c:-r,�;. _ ei�9� ,:`i W r '" 3.. 'bt.,3x ...•,�"._.4`.a �� �vN.T. �-rs-.^ :.IG-'' 15 R51 F- - n- a„1F •^:.--S's .v A'il�' E_ :. ;Se`s':'`- ___'�M'::.n _ .,Fv .. L s..X,af.• Fff� S_g:�A^.):'Wa,>-.,'v.'e•�•,•-f.':iY'3�:f�z a_ � e ., �..,,,r. it s... r : lw.. 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HU a _,�� r _-.Y=Ta~-s'' _.”- - _ _ -.� _w�^ "�':T '�-a��. „o:••-`i���=<a,�s se'Baiik - �/"`✓s�"'`.r��-r ��� ..,''- �� -,_'� c�cE^g�a_^`"'�. x_,.--�.. �"`�„' - �-,�z,- `s"-,�- r .-,-F,-?e�`a"�"-gyp+"si<�"'y i ELIZABETH A.NEVILLE,MMC y� r/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CA 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER A Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �o� �a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: December 20, 2021 RE: Zoning Appeal No. 7615 Transmitted herewith is Zoning Appeals No. 7615 for Andres & Marissa Garcia: _Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals ,/Applicant's Project Description Questionnaire ,/Correspondence- !z( (JS(z-k 14-. r a-6 z-Ibo- ,,,'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) LVW Consistency Assessment Form Photos Property Record Card(s) aps- Survey/Site Plan Drawings -Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/20/21 Receipt#: 289038 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7615 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#1028 $250.00 Finnegan Law, P. C. CK#384 $500.00 Garcia, Andres & Marissa Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 1 Name: Garcia, Andres & Marissa 144 N 8th St Apt 3 A Brooklyn, Ny 11249 Clerk ID: JENNIFER Internal ID:7615 e • FINNEGAN LAW, P.C. 13250 MAIN ROAD DEC 22A P.O. Box 1452 ^1fy MATTITUCK, NEW YORK 1 1952 .��F:^yC (631) 315-60700 MARTIN D. FINNEGAN, ESQ. MFINNEGAN@NORTHFORK-LEGAL.COM By Hand December 15, 2021 Ms . Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Area Variance Application of Andres and Marissa Garcia Premises: 380 Garden Court, Southold SCTM # 1000-063. 00-07 .00-017 . 007 Dear Chairperson Weisman and Members of the Board: With respect to the above-referenced Application, enclosed please find two checks made payable to the Town of Southold in the amounts of $500 . 00 and $250 . 00 representing the required filing fees and an original and eight (8) copies of the following documents for your review: 1) Notice of Disapproval dated November 9, 2021; 2) Executed and notarized Area Variance Application, including an attachment of explanation; 3) Applicant' s Project Description and Questionnaire Form; 4) Executed Agricultural Data Statement; 5) Executed Short Environmental Assessment Form; 6) Local Waterfront Revitalization Program (LWRP) Consistency Assessment Form; 7) Executed Owner' s Authorization; 8) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent for the property owner; 9) Applicant Transactional Disclosure Form signed by the property owner; 10) Color photographs of the subject premises; 11) Certificates of Occupancy; 12) Assessor' s Property Record Card; 13) Current Deed; 14) Eight (8) survey prints showing proposed pool . (� Kindly advise if you require any further documentation to place this matter on your next available agenda for a public 1 hearing. Thank you for your consideration. ,�• +_`, Very truly yours, DEC ?VI Mar in D. innegan MDF/as Encl . h i TOWN OF SOUTHOLD � ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT. OF In the Matter of the Application of MAILINGS' ANDRES AND MARISSA GARCIA (Name of ApplicanV. Owner) - 380 GARDEN COURT, SOUTHOLD063:00-07.00-097:00.7 SCT1V1 No..1000- (Address of Property) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, ( )Owner,(X)Agent MARTIN D. FINNEGAN, ESQ. withanipffice at 13250 MAIN ROAD, MATTITUCK New York being duly sworn,deposes and says that: � y p y. On the J= , da of MARCH ,2022, I'.personally mailed,at the United . States Posl rOffice in MATTITUCK ;New York;:by CERTIFIED?MAIL, RET t7ItN RECEIPT REQUESTED,a true copy of the attached'Legal.Notice in Prepaid erivelopes addressed to current propertyowners shown on the current.assessment xoll Verified,froni the official records on file with theX Assessors,or.( ).County.Real Property Office, for every property which abuts and is across a public or private street,or vehicular right-of-way of record,surrounding the applicant's property. (Si Sworn to before me this SCHWEITZER ANNALISE 6&44 day of MARCH ,2022 NOTARY PUBLIC-STATE OF NEW YORK AYff ii NO.01SC6409457 , 1 QUALIFIED IN SUFFOLK COUNTY #/( 11 MY COMMISSION EXPIRES SEP 28,20 (NotaryPublic) ' PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next ...._.__......_._----to-the.a,%? ner-names,and-addresses...for.-.whieh..notices.were-mailed..____._................__......._____.__ __.�.__.__ .._. .........._... All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. U.S. Postal STM EIPT U.S. Postal Service CERTIFIEDoif C CERTIFIED oRECEIPT .n Domestic Mail • Im m Domestic Mail Only N .- I--I- ca rl- For delivery information,visit our website at www.usps.coma. CO Ini Certified Mail Fee - E�p k�M1 3^ SOu 1 s i f IF $ M75 . Su Certified Mail Fee ` _I r ry Extra Services&Fees(checkbox,eddree. p abptfata) ;v `'f �]�'' - .1 Er $ ' '' -$3.75 -�'" ❑Return Receipt(hardcopy) $ zi°I I L Ie,'. r- Extra Services&Fees(checkbox,add fee � ❑Return Receipt(electronic) $ `�;` ark ❑Return Receipt(hardcopy) - $ _ -- R 0' - ' v= D 0 ❑Certified Mail Restdcted Delivery $ 0 ❑Return Reeelpt(electronic) $ �O �j <,a l� []Adult Signature Required $. -°-�-� ;"'`� `Q�9 -r,• ❑Certi ied Mail Restricted D HnW $ ❑Adult Signature Restricted Delivery$ 11,'11!1 a;'� T „`•" 0 ❑Adult Sigrialure Requimd $ _ �s AO Posta e -`�fi:3;,�,,.,�f' ~~ ❑Adult Signature Restricted Dellve6$ rl.) $ f$1 i°7 3 ~ASPS : r3 Postage ;. ' N Total Posta a and i _ --- 8- g tL $ .sem. rtJ i 1 C� Total Postage andF.a®s_.- $ 71�YI chael C. & Joan M. Paradis ru 47f Alter-C. Brigham III ti sent To 637 James Street ra Sent,To ru Pelham, NY 10803 l p Si?eetendilpi lVo�I i Sonya K. Brigham cfiy sraTe,-ziP+a9 N 375 Garden Court • ... rr ,, Southold, NY 11971 .............. • ..... ........... ................................ .... _..............................._. U.S. Postall Service'" CERTIFIED o RECEIPT •. • O •. • fN u) nly rLi I` Sp f]�! 1 Fr .,,% �n t o-.' Certified Mail Fee ! Certified Mail Fee = �.`�' i �S' Q" $L- $3.75 P`,,,�IZ F ru >�°7:r flq ri igti� .SSG p' $ p C� Extra Services&Fees(checkbox,addles pHat �° N Extra Services&Fees(checkbox,add fee 8ta)r..y' r<p� �.. C;, El Return Receipt(hardcopy) $ ❑Return Receipt(hardooP� $ O ❑Return Receipt electronic] $ _ / Q ❑Return Receipt(electronic) $ _( �,i.� POStm Mfg,~ 0 ❑Certified Mail Restricted Delivery $ _�.IMAR 2 S OStm 2 C3 ❑Certified Mall Restricted Delivery $ �..p!_�,, Here .Y;0�;1: O. ❑Adult Signature Required $1-3 IEN'Itlf �' ❑Adult Signature Required $ ..A ;w.,.... '�' 'i' ❑Adult Signature ReWeted Delivery$ su.ULIX, r-3 []Adult Signature Restricted Del fvery$ 4 1.1°Ll i �,,q dSPs .�• ,s p Postage Postage ru $ ` 0.78 $ $i.I° v r (�- Total Postage and Fees r%41 6113ostageand Fees -------',---L13A18/21- r --- R! . $7.'5 .w. n' $ . $7.58 Ryan Belville r-I $ ent,To Southold Gardens POA rq sent To I; !ru PO Box 1238 IrU' Christina Demartln0 Ip. srreerandApfwe';o�PC7BoxN C3 SYreetendApr:we.;grPt3;3ozrv0.- r- Southold, NY 11971 (ti -------------- 215 Garden Court cry,ware,ziP+a® Southold, NY 11971 :,. .. r .. .............................................................._. ' SENDER .MPLETETHIS SECTION •MPLETE TH!S SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signat ■ Print your name and address on the reverseX ❑Agent so that we can return the card to you. El Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Nam C. Date of Delivery or on the front if space permits. 7�o h' �1 i v: 4 1. Article Addressed to: D. Is delivAlry addre differ �fj'oirl ell 1? ❑Yes if YES,enter delhfegiy;a dressle�igw: ❑No Walter C. BrighamdII (;! Sonya K. BrighamP9/1R 2 9 2022 u ; .375 Garden Court Southold NY 11971 �A s' r �•......_•_..._....._-. .._..._.. —,__..._.,..__,_�_.._.. ..___..._.,..._.._.._.—_�_._.._.�. 3. Service Type ❑,Pnonty Mail Express II I'IIIII I'll 11111111111111111 IIII 111111111111 ❑Adult R Signature El Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted' Certified Mail® Delivery 9590 9402 7156 1251 9016 08 ❑Certified Mail Restricted Delivery ElSignature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from SeIV%Ce/abel_r__ ❑Collect on Delivery Restricted Delivery Restricted Delivery —(—�Y s i e t l�sured Mai ( t (I I i I t 7�21 1212 0 I(030 di0 7 g 21 8.7 W 3 i 1 i t t t�Ve d MC Restricted De]ntery. C 7 PSiForin 3$11%Aly2020 PShV536-02.d00-9053 Domestic Return Receipt i MAILING LIST ZONING BOARD OF APPEALS VARIANCE APPLICATION & PUBLIC HEARING ANDRES AND MARISSA GAR-CIA #7615 380 GARDEN COURT,SOUTHOLD,NY—SCTM 1000-063.00-07.00-017.007 63.-7-17.6 - 240 Garden Court Michael C. and Joan M. Paradis 637 James Street Pelham, NY 10803 63.-7-17.8 Walter C. Brigham III Sonya K. Brigham 375 Garden Court Southold, NY 11971 63.-7-17.9 Ryan Belville Christina Demartino 215 Garden Court Southold, NY 11971 63.-7-17.12 - 955 Wells Avenue Southold Gardens Property Owners Assoc. PO Box 1238 Southold, NY 11971 .y.. wMY COMPLETE • / • / I ■ Complete items 1,2,and 3. A. Signat ■ Print your name and address on the reverseA e so that we can return the card to you. X XO Addressee ■ Attach this card to the back of the mailpiece, B. Recei d by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Michael C. & Joan M. Paradis 637 James Street j Pelham, NY 10803 ll I IIIIII I'll III I II ll I llil I III I'll Il II I IIII III 11 Service Type ❑Priority Mail Express® ❑Adult Signature El Registered MailTM ❑ dult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 7156 1251 9016 15 Certified Mail Restricted Delivery ❑Signature ConfirmationTM El Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service!abet) _ ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insur€d Mail 121-2720, 0000 i 7921 8736 ❑Insured Mail Restricted Delivery (over$500) PS Form 38111 July 2020 PSN 7530-02.000-9053 Domestic Return Receipt ! 1 SENDER:,Cam�THIS SECTION COMPLETE'THIS SECTION ON DELIVERY 1. I� ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. E3 Addresses , ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or'on the front if space permits. (--7s 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes —� If YES,enter delivery+ad7ress below: Southold Gardens-POA''" bN° PO Box 1238 yo� SoutholdA. , NY 11971 _+ ' MAP 2 9 202?)v I 1�: ................................... ,19 ... _..__. ._...__......_._-.._ III�I�I'II'lll'llllll IIIIIIIIII�IIIII�III�IIII J 3. Service Type '��TfiS� V' r ❑Adult Signature OS i F' ❑Priority Mail Express® ❑ dult Si nature Restricted Dellve ❑Registered MailTM g very ❑Registered Mail Restricted 9590 9402 7156 1251 9015 85 Certified MailO Delivery ❑Certified Mail Restricted Delivery El Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article�Number(Transfer floT service/pe/) �` ❑Collect on Delivery Restricted Delivery Restricted Delivery 7021 7�d ©b(913 79!21, 67211 t�psuredr�lail ;' i t'i ; Dver$ Mail Restilcted.Del(ve'ry1 r 1 'ver$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 -" Domestic Return-Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complefe items 1,2,and 3. A. Signature ■ Pririt:A virfame and address on the reverseX �/� ( , gent j so thafsuve can return the card to you. ❑Addressee ° B. Received b Printed Name C. Date of ■ Attach this card to the back of the mailpiece, y( 1 Delivery or on the front if space permits. �,J 0— 1. Article Addressed to: D. Is delivery address different from item 17 Yes ---- If YES,enter delivery address below: ❑No Ryan Belville Christina Demartino 215 Garden Court r ;,Southold, NY 11971 ..............._....._.._.......4..__ —... 3. Service Type II I'III'I I'll III I II II I IIII I III I�III I lli II I I III' ElPriority Mail Expresso ❑ ❑Adult Signature Registered MaIIT^+ ' ❑ dult Signature Restricted Delivery El Registered Mail Restricted 1, Certified Mail@ Delivery 9590 9402 7156 1251 9015 92 ❑ ertified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation ! 2. Article Numberj(. ansfeit rgm!sb kv/de.lsbe0j_ }_i_i—LS—`�Colleed MaDelivery R'It �ted`Delivery Re tricted Delivery a l 7021 272D 0U170'"7921 87 5'� ` Insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS -`" SOUTHOLD,NEW YORK IV AFFIDAVIT OF In the Matter of the Application of: POSTING ANDRES AND MARISSA GARCIA (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK I, MARTIN D. FINNEGAN, ESQ. Wit h��ffig at 13250 MAIN ROAD, MATTITUCK -----—"'"""'-------- ,New York, being duly sworn, depose and say that: I am the ( )Owner or 1X Agent for owner of the subject property Qy MARCH On the 0 8 da of , 2022, I personally placed the Town's Official Poster on subject property located at: 380 GARDEN COURT SOUTHOLD, NY 11971 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 be set 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 APRIL 7, 2022 (Owner/Agent S' tore) Sworn to before me this Day of MARCH 2022 (Notary Public) SCHiWEITZER ANNALISE NOTARY PUBLIC-STATE OF NEW YORK NO.01 SC6409457 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES SEP 28,20 cd F �, �1-5 93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times J� l' V 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://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 fora variance from Article XXIII,Section 280-124;and the Building Inspectors 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 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 otherthan the code permitted rear ya rd; 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 III,Section 280-15;and the Building I'nspector'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 17df93c1-afce-4755-b625-1c7822371810 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 305 Halls Creek Drive, Mattituck, NY. SCTM No. 1000-116-7-2. 10:50 A.M.-KIM ULMET#7613—Request for 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 III,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 GARCIA121fift 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 111, 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 47607SE—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 The Board of Appeals will hear all persons-ortheir 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 i 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 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 I Eliot T.Putnam ,Printed Name Subscribed and sworn to before me, This 31 day of March 2022 otary ignatur " ASrr[g: STATE OF NEW FORK '. NOTARY PUBLIC Notary Public Stamp ALAN)' o CO. 0IRE6399443 QR uuwu► J SOUTHOLD TOWN BD OF APPLS I wrs :; r +rte "PW • l plow" � .. y IL 01 .w } • < ro. �. .. ark �• r fi �;.r -� H; •`. + -.. :.:. 1 0 � .... ? � a` f ti,. '4 V Y>yr , y � f, e Y y K l r. !4d ar ( , z r } i » Ak. M 1 , �•.� _ 10� �r . 9K,.'. < _' ..,-. err.� �• � o! • a at A , \l '"(^`�. � ';;. L .- ..!`•,, ,Fri• _� ,-.., "� t t� - , �."- e a f , » k rT. yi is- j•� - . Al' F'.'.:• rrf I(! r.k Y+ '�-� !�/' t r Ali, AL y w Ao ,; .jtF, s i, ,�,/;'.,r f,. i� � � ,� . } 1 .11 .. • J, •� g" ,� � '}K s • ., r ., P • '.ram. i If.r p J '. yg n 6 8"� p z *r '1 , f i • � • p .' ,.. �.. ,)' �#�f.. y ) t s • ��" ,y Y . ;�+yy► - y,"' a a ,�• .° � �° s • '�• )� `.���... li.. r ,� rq*'u. a �� � ��� sit i f s SLI +`�'y • '. /y/ r f •� �� � r � 'rr , . 4' &ark f.�y Wes ME ZONING BOARD OF APPEALS TOWN OF SOUTHOLD APR 0 6 2022 ---------------------------------------------------------X In the Matter of the Application of Z0i4TN!Cg BOARD OFARRFALS ANDRES AND MARISSA GARCIA #7615 For a variance from the requirements of Sections 280-115 of the Southold Town Code ---------------------------------------------------------X MEMORANDUM OF LAW OF APPLICANT, ANDRES AND MARISSA GARCIA, IN SUPPORT OF THE RELIEF REQUESTED FINNEGAN LAW, P.C. Attorneys for Applicant By: Martin D. Finnegan, Esq. 13250 Main Road Mattituck, New York 11952 (631) 315-6070 Dated: April 5, 2022 STATEMENT OF FACTS The Applicant, Andres and Marissa Garcia, by way of this appeal of the Building Inspector's Notice of Disapproval of their building permit application, last amended January 11, 2022, are seeking rear yard setback variance from the 10 foot accessory structure setback requirement set forth in §280-115 of Town Code, for lots measuring between 20,000 and 39,999 square feet in total size, to construct a 10 x 32 foot swimming pool with a 10 x 10 sundeck three (3) feet from the rear lot line. As depicted on the survey, the existing shed that sits 8.6 feet from the side yard line will be relocated to a conforming location. For the following reasons, the Applicant submits that a Variance from Section 280-115 is warranted. POINT I THE APPLICANT HAS MET THE TEST FOR THE GRANT OF AN AREA VARIANCE SET FORTH IN TOWN LAW §267-B Under §267-B, the Applicant must demonstrate compliance with the following standards to be eligible for the issuance of a variance: (a) whether the grant of the variance will cause an undesirable change in the character of the neighborhood or will create a detriment to nearby properties; (b) whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance; (c) whether the requested area variance is substantial; (d) whether the grant of the variance will have an adverse effect or impact upon the physical or environmental conditions in the neighborhood or in the affected area of the Town; and (e) whether the difficulty causing the applicant to request an area variance was self-created which consideration shall be relevant to the determination of the Board but shall not necessarily preclude the grant of the variance. It is respectfully submitted that under the facts and circumstances presented here, the Applicant can clearly meet the standards set forth in Town Law §267-13 and as a result, the relief requested herein should be granted. 1. The Grant Of The Variance Will Not Cause An Undesirable Change In The Character Of The Neighborhood Or Create Detriment to Nearby Properties. The subject property is comprised of approximately .6 acres in the R-40 zoning district. The rear and side yards of the property abut the subdivision open space for the Southold Gardens Subdivision. The property is substantially screened along the side yard and in the rear yard where the proposed pool is to be located. The surrounding Garden Court neighborhood is characterized by similar sized dwellings that are improved with swimming pools in the rear yards. As such, the proposed pool will be consistent with the character of the neighborhood and will pose no detriment to nearby properties. 2. The Benefits Sought to Be Achieved by Applicant Cannot Be Feasibly Achieved by Some Method Other Than the Requested Area Variance. As shown in the photographs submitted, the rear yard of the subject premises is adorned with beautiful mature trees. The Applicant is seeking this variance to avoid the removal or disturbance of mature trees and plantings that exist in the rear yard. There is no feasible way to site the pool, mechanicals and fencing in a more conforming location without damage to the trees and root V � systems. 3. The Area Variance Sought is Not Substantial. The proposed pool is modestly sized and only 10 feet wide to avoid the root systems. The Applicant submits that, while the rear yard setback is mathematically substantial, it is not practically substantial since the pool and fence will straddle abundant screening and vegetated open space. 4. The Grant of the Variance Will Not Have an Adverse Impact on the Physical or Environmental Conditions in the Neighborhood or District. As stated previously, the proposed swimming pool will abut subdivision open space and mature plantings on the Applicant's property that provide ample screening to for the neighboring property to the north. The improvements will be essentially invisible to the surrounding neighborhood. As a Type II action under SEQRA, there is no perceivable environmental impact from the proposed construction. S. The Self Created Nature Of the Alleged Difficulty Should Not Preclude the Granting of Area Variance Relief. To the extent that the difficulty is self-created, pursuant to New York Town Law §267-b (3), a self-created hardship "shall not necessarily preclude the granting of an area variance." CONCLUSION For the reasons set forth herein, it is respectfully submitted that the standards of Town Law Section 267-b have been met and, as such, relief from the requirements set forth in Southold Town Code Section 280-115 is warranted. Dated: Mattituck, New York April 5, 2022 Respectfully Submitted, FINNEGAN LAW, P.C. Attorneys for Applicant Martin ' negan, Esq. 13250 Main Road Mattituck, New York (631) 315-6070 Fuentes, Kim From: Martin Finnegan <mfinnegan@northfork-legal.com> Sent: Wednesday,April 6 2022 11:18 AM To: Fuentes, Kim;Westermann, Donna tw 0 6 222 U� Cc: Annalise Schweitzer Subject: FW: Garcia Variance zq3tilmr From: Ryan Belville <ryanbe105@gmail.com> Date: Wednesday, April 6, 2022 at 11:07 AM To: Martin Finnegan <mfinnegan@northfork-legal.com>,Annalise Schweitzer<aschweitzer@northfork- legal.com> Subject: Garcia Variance To the Members of the Zoning Board of Appeals: My wife and I are full time residents in Southold Gardens near the Garcia property. We have been notified of their request for a rear yard setback variance for the construction of an accessory swimming pool for their family. We firmly believe that the proposed construction will be in character with the other homes in the community, and that it will not result in any adverse impact on the neighborhood. To that end,we have no objections at all to the granting of the variance. Best, Ryan Belville 215 Garden Court,Southold 1 BOARD MEMBERS rjF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OMNI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, 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.qov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.qov/calendar.aspx. 11:10 A.M. -ANDRES AND MARISSA GARCIA#7615— Request for Variances from Article III, 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. 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: htt : /24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimfCV 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 ��gUFFOC�-�, - �,�® Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Cz HSouthold,New York 11971-0959 Z �4, � Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: March 7, 2022 RE INSTRUCT'IONSFOR PUBI TC IEARING 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. KIND SEEM 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. Instructions for ZBA Public Hearin-.-,- Page earin-.-Page 2 MAILING INSTRUCTIONS: Please send by : 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@southoldtomm.gov or elizabeth.sakarellosna,town.southold.nyus 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..Lase,rfiche-/W.ebli.n.k-fi,l.es 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://southoldtownn.gov/DocumentCenterNiew/8779/FinalRo112021-Amended 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. Fuentes Board Assistant • • . —111 i �-T �s� +xTU mm- r s n�y S a e i 4 v >n *.��3 vim, .e NE_yV f-0.R'S'-'�' e $t.:is"s�r `",E"�,' ..�o., • a �s'+ y50GfhY uy ;x'.. i". 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'.'Laser)iehe.WebL_lnk. --om"' row •.Search':.. - - - - - _ -W.. - "H .I!cuaomize search `Sort resWLs i.: byRel . evance:4 mo ., Rsrnrds nlanagemeM.Search 97016 'nxd mmc i 'Board Actions-83 page(s) . --- ' `Chase Oe!d .7 Page counC 83 Template name:Board Actions Page 3...:Cglin and Kristen Cashel PROPERTY LOCATION:162 Lowes Shingle HIIL Fisher— Page d...19,2017 07016,Cashel SCTM No.1000-9-1-26 min6rfus approval to remo_. . Page 5...y 19,2017 97016,Cashel Sum N.10009-1-26 GRANT,thevarianfes as_. ka, h,— Page 9—COUN S KRISTEN CASHEL SECTION 009 BLOC_. ' Page 20...Thomas AhIgrerqCzshoIN PO Boz 342 FKherS lsWndNY... Show more infartnatian... 7018. - -� - Board Actions-S6 page(s) Page dount:56 Template name:Board Actions _ Page d8...R30 A.M:COLIN CASHELAND Variances yndefANNe Id,SeNari AtJN_ " - Page48...ance(5)KRISTEN CASHEL17016-Request proposed trellis located In othertha.e :5•Show more informations - Above: Shows you files that can be found- using a phrase, name or title. Or.you can search by Tax Map No. (District, Block.and:Lot) using.the format 1000-111.-1-1. 4�•_kt LaserficheWebLink ' . . a-�`•: .__...__....... .._---. .. ,.wcticnB-ir+elp'1•nboyt:i sq . a Home Browse.,.Search Townofsouthold xZoNng Boartl of Appeals'(Z AltnutesiAgerKfas/Legal Noticevtleadrlgs name oui+t Minutes/Agendas/Le .Page'c gal __..._.___.__.__....____._____.....___,,.._ __w._._-__.._..�_.___.__-._______.--- r,.:,,,;,^.;,aea=tir„_�"�'a"1u-:":' �v� •"f` °'�� Notices/Hearings -i i,--'_1 1957-1979 -.- : `x.,119801999 EntryPio .." ..-.; P V • TrnwrJf�:u(fx'd4crung OGar!I (�z 2010 .. - ............... .... ....... _.. .._.--__..... __ of Ap,.eals t3 2011 IZBNV.Lnun">rC3c 1dJyl�^g,-rl - N,.,c SAieamlu 20-2 Creatlon date n�2013 - 7:10+:001 2.57:--0 PM 2014 - Last modlfwd ' ;2015 x 2010 2 Metadatd - i 2017 -------------- No rrle:a0ata ass gned Page 1 of I - 11 Enh aw„•=»:o,.+mm:.->� «,wq:r...an.w.zu,,.s511n.xat,�ra,.�:n.-.,z - Above: Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Lasertiche'WebLink. ; '"" ... _ .�. .�.. ::•�.:� '•SJ:ixi:_.-__ NNYv Help;,l'+wti!i i. 7. HomeBrowse" ''Search:' ':To QfSouttio d>: qi� f3o2rd 68of'X 6:, 2017' No' A>'' - ••r="° . .,:+.� :!•'P.. ..�- .;\g .8. rings.,2017,„_ - - "L,'+:;]. n�slliea :•: div;• _...,� .;. :�'.::.•':';... :�•. - tee.::; - ... , 2017 '}_�.Name.. .:Page count ?C Dk4e. ti7'1' ¢ . ZBA-01/05/2 m7 .,� - ,.•,. i �ZBA-O1/052o17Agenda q r; Path ZBA-01/D5/2017 Hearing' .: - a0 7ormO15outtal_d1ZminB Bmd r1 :; ......: ....... .-.. :...:.. . I ofAppeal5 t'^ ZH4-O7/D58017 LN .. .3 :oo �BN1Nrr1OtE5MgelItL35/L ----_ ---------- ^i j ( .ZBA-01/188017. •. 2 . INotices/Hear1ngS12O17 ..... ,_............ ..._.:. .:__ ,.......... _ ._.. ......._.. .._........_...., ......__...._. -...._..._....__._ ._.....:. .. - ptr'' a ZBA-01/19f2017Agenda 2J ;.� Creation dMe .. i'.�_.-.___.._..:_:._-._._..-.:..._... .._._._,....._..._.. .-- _.-_.-... -- _ _- -__.._....-,..,._. ___................._..,__._..___...,_ .. ,.. Fa ZBA-OZ/0280i7 - .7 .. 12M 6RO162:15:14 PM ZDA-0Z/lYll2.Last modllied k.-i � 017 Agenda a 1 6/1WOVA5359 PtdC,3 Z&14_..._...._. - 02/02/2017 HearNg 45 _....-.. .._. :. .. ... .... _ .. ......__ ....... ._.._ _...- ...._..... .._...._.-.._..___....... _....__..._ ZBA07/028017 L17 3 _ •- —_ Q ZBA-07/16/2017 Agenda 3 .- •. .. Jt NO metadala aS51V-d .._.. ._ _.._._.... ... ._ _ ..-..-._.__... .. ZBA-02/16/2017 Special - 3 ' tidure&P.esi+ks... r)_J-Q ZBA-03/02/2017 7 . i r.�c .._ .... ZBA-03/O2/201TPgenda _ .. .. _ 4 _ __....._.._...._ ZBA-03/02I2017.Hearing � 6 � .. jj 5 ZBA-03f07800LN 3 _------__ 3j 28A-03ndnOt7Agenba 3 ZBA-03/168017Spedal 3 _... . ZBA-0•V06/Z017 S ;.I - f.,: ' ZBA•Oa/068o17 Agenda a �'i1i jBA-0a/062017 Head 45 . AbP.VO,Ageii bl - Mitiut6t.and Trans'cr p'ts'aee in chro”nolo,gical.order. ; Revised-6/15/2020 �+IuTIt. E uF H EARI ' 4i� 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 linkmhttp://southoldtownny.gov/calendar NAME : GARCIA , ANDRES & MARISSA #7615 SCTM # : 10 0 0- 63-7- 17 . 7 VARIANCE : YARD SETBACK REQUEST: CONSTRUCT ACCESSORY IN GROUND SWIMMING POOL DATE : THURS . , APRIL 7 , 2022 110010 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 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson tiO��o� S�UTif®lO 53095 Main Road• P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Eric DantesOffice Location: Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento rou Southold,NY l 1971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD December 16, 2021 Tel.(631) 765-1809 .Fax (631)765-9064 I� 14-o Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7615 Owner/Applicant: Garcia, Andres & Marissa Action Requested: construct assessor in ground swimming pool and legalize an "as built" accessory shed Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA air erson By: UI Encls. Survey/Site Plan: Peconic Surveyors, P.C. dated October 19, 2021 N SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD MAR 1®1022 SUFFOLK COUNTY N Y, � ��� 1000-63-07-177 SCALE.- 1'--30 MA Y 11, 2021 OCTOBER 19, 2021 (PROPOSED POOL) MARCH 1, 2022 (PROPOSED REL0CA77ON OF SHED) a 00 OF a %1 ! l FA 3 3\ di a poi, o ' 10 0 18�,r V \� / 0. 1•f P�QI X3.05 'cr H v •o p p0 COURT CIARDE a i 4j 01V oo k z `r dF Q1' vt►`� qoo, 9• 4 4 o a�ivivE y Ep �' �FjO' OF 14E W YO R.2 v go 14 roT 01 CERTIFIED TO: F`ys Sq `��� ` 5 OP �ED LANA . LOT NUMBERS REFER TO "MAP OF SOUTHOLD GARDENS" FILED IN 774E SUFFOLK COUNTY CLERK'S OFFICE ON MA Y 7, 1979 AS FILE NO. 6812. N YS. LIC, NO. 49618 ANY AL7ERA710N OR ADD/AV ON TO THIS SURVEY IS A OLAAON N.Y.S.,UC. NO. 051132-01. OF SEC770N 72090F 7HE NEW YORK STATE EDUCA77ON LAW. PECO10C SUR ORS, P.C. - - EXCEPT AS PER SEC770N 7209—SUBDIVISION 2. ALL CER77RCA770NS (631) 765-5020 FAX (631) 765-1797 =STAKE HEREON ARE VALID FOR 7HIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 ■ = MENT AREA-Z4,4Z8 SQ. Fr. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR 1230 7RAVELER S7REET WHOSE SIGNA7URE APPEARS HEREON. SOUTHOLD, MY 11971 F21-010 Bonding Wire connected to all DEC T hardware 9' ; WASTE FILTER HAIR& SUNCpilrw DECK PUMP SKIMMER RETURN \1, U� `� WATER LINE Lj 2"RETURN TO INLET 46 I- ► � PIPING SCHEMATIC ALL ELECTRICAL WORK SHALL COMPLY WITH THE REQUIREMENTS OF 2015 IECC 1. 1^ d> u i � MP 2'2" IE— rUMP HORIZONTAL 4/8" 2 POOL MUST BE EQUIPPED WITH AN APPROVED POOL ALARM CAPABLE DETECTING A CHILD FILTER FILTER - REBAR 4PLACES ENTERING THE WATER AND SOUNDING AN ALARM AUDIABLE AT POOLSIDE AND AT ANOTHER LOCATION ON THE PREMISES WHERE THE POOL IS LOCATED_THE ALARM MUST BE INSTALLED, UC-TICqT10" UNDISTURBED EARTH MAINTAINED AND USED IN ACCORDANCE WITH MANUFACTIRER'S INSTRUCTIONS.THE ALARM 45" MUST MEETASTM F2208'STAN DARD-SPECIFICATIO N FOR POOLALARMS'.THE DEVICE MUST VINYL LI E OPERATE INDEPENDENT(NOT ATTACHED TO OR DEPENDENT ON)OF PERSON. CONC.MIN.3500 PSI 26' - VERTICAL I/2"REBAR =_`-='t•` .;:'`:"=' PLACED 4'0.C. 3 WATER SOURCE FILLING THE POOL SHALL BE EQUIPPED WITH A BACKFLOW PROTECTION SYSTEM. I LD i WALL CROSS SECTION q ALL PIPING IS DIAGRAMMATIC UNLESS OTHERWISE STATED_ALL PIPING TO BE POLYEfHELYNE. NTS (` 5 POOL SHALL BE GREATER THAN 10 MEASURED HORIZONTALLY FROM ALL OVERHEAD WIRING_ I POOL DESIGN INCLUDING DRAINS WILL MEET ALL 2017 CODES. 10' 6' ---�--6' Complies With: Section R326 of the 2020 Residential F NES,, Jasons Pools Code of New York ��� � •DEF��Ynp� Section N1103.12 (R403.12) Residential ',� s 380 Garden Ct. p v- Southold,NY Pools and Permanent Residential Spas = :, _..-; y�-r;;• -c Section R326.4 Barriers Section R326.5–R326.6.5 Entrapment �Gp e� �� POOL TYPE: 15x26 With 9x9 Sun Deck REV SCALE: NTS v p �� Avoidance ,c�\ 2 JAMES DEERKOSKI, P.E. Section R326.7 SwimmingPool and ; �OrFSS\ NP/ DATE: 3/15/2021 � 260 DEER DRIVE I Spa Alarms MATTITUK, NEW YORK 11952 DRAWING NUMBER 1 OF 1 r i I LOT NUMBERS REFER TO "MAP"MAP OF SOUTHOLD GARDENS" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON N MA Y 7, 1979 AS FILE NO. 6812. SURVEY OF PROPERTY AT SOUTHOLD . TOWN OF SOUTHOLD SUFFOLK COUNTY,TY, N. Y. .1000-63-07-17.7 SCALE 1'-30' MA Y 11, 2021 OCTOBER 19, 2021 (PROPOSED POOL) l VO l Z 3.0IA � Olt POCAL 62 P-t a P N o a: 2 • ,o 0� o� N 0.0 *0,5.06 03 0y+ � Oc •�0 CpURT 17DE _ 4• v W o� `� CIV o z03 •e. O,Qq�,p� tiros. of NEW syo9 ti�q s �� �oF 5 62 0001 �,�p�?per CERTIFIED TO: A n •. rt • .�3icfwOr 0 N.Y.S UC NO. 49618 ANY ALM?A710N OR ADD177ON TO THIS SURVEY IS A WOLA77ON .YS, UC. NO. 051132-01 OF SECTION 7209OF 7HE NEW YORK STATE EDUCATION LAW. PECONIC SUR S, P.C. EXCEPT AS PEI? SEC77ON 7209-SUBDIVISION 2. ALL CER77RCA77ONS (631) 765-5020 FAX (631) 765-1797 =STAKEp /� HEREON ARE VALID FOR THIS MAP AND COPIES 7HEREOF ONLY IF P.O. BOX 909 ■ =MONUMENT AREA'24,428 S0. FT. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 7 AV ELE. 11971 T 121-010 WHOSE SIGNATURE APPEARS HEREON. I SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-63-07-17.7 SCALE: 1'30' MAY 11, 2021 \ OCTOBER 19, 2021 (PROPOSED POOL) �0li a 1� / sHm To be relocated 10'from side property line •03 yo \�� ,ya Pte-' N %�a o 0 %.1��' } �� �FFN� JAN 1 TOWyIOF DEPT .o O U7-HO •00. •4• b` Q If 4• . ZevO RR • Q4 �� 150 p0 � c•!� , �� G� �p NEW� 15 0-11 SP P► y~P���•Mer Q9� . 0• +. r 051 1 LAW N.Y.S. UC. NO 49618 'ON Tn THIS SURVEY IS A VIOLA710N. .Y.S UC. NO. 051132-01 FW YnRIC STA TF FMIrA MAI 1 AW .. .... BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®�*®� $®�je�®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes � Robert Lehnert,Jr. Town Annex/First Floor, ® a0 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�C®uNVSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS April 25, 2022 TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 Martin Finnegan Attorney at Law P.O. Box 1452 Mattituck,NY 11952 RE: ZBA Application#7615 Garcia, 380 Garden Court, Southold SCTM No. 1000-63-7-17.7 Dear Mr. Finnegan; 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. Prior to applying for your building permit,you must submit for approval and filing two sets of the amended signed and stamped survey depicting the conditions conforming to the alternative relief granted. 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 call the office. Sincerely, Kim E. Fuentes ZBA Assistant Encl. cc: Building Department MATCH — LINE �-- rs, FORPCL.NO. + SEE SEC.NO. y, 055-05-017 �•� � a 2 1y �N�MGE°t31 D . B ,5°21 TOWN OF SOUTHOLD $ � SUFFOLK COUNTY 12 OWATERAUTHORITYY .'+, Q1 \ 25.3 2.3A 2 (T7 �• 3.OA(e) \ r O 7.1A O $ 11 �Sv �1 4 °�s 78.1 (TOwNOFSOUTHOLD cy 6 26 �, 2 �1P 5.7A(c) DEVELOPMENT RIGHTS) d+8 g A�' 4' 12A(c) g s 35 36 1c S 6 h 7.7A(c) 21.7-,A, 6.9A(c) m j5 VILLAGE CONDOMINIUMa f$' \94' 28 1 ECTON 1 g ,/,a `b 11 , s% cry lG\ 10 2.5A(c) 17.2 AMON AREA) j5,�• b 'SP 1.8A(C 26 16 1.11A(c) •p. , a '8 •t^''N�c\ '` v 1.9A(c) 1.6A( P \0 P 37 ' l 1 w HERS VILLAGE CONDOMINIUM ` 66, BECTON 2 MP1,v (COMMONAREA) /\\ , (FOR UNITS SEE ` tot 5 SEC.NO.06302) _ 40�vc5 (nav1-5.$G`- to�� - co3- 7- -T-7 t7.I2 + IT t- �� - - ?;�► �a / `1� TOWN OF- ' �• ' 8, 39 ao�•. +sHGaEUNE w f "s \19 0 ', N m 29.Nt 7„ r '•.a '•.�.� 30.1 I10I 's 60') O am 311 11 33 \ 5 G l (OPEN 9Lr. m s1 O \0 \15 ml� SPACE) 20 R 21 aAr P, 19 1.oA(c) ,hu 0) ♦1.�, l o ) M1 41,4 s�\ A $ PQ � 8 ' 4 •4 � •`�' 6 c'Pc,G t',•�e 1A \ '\1 ml _ s RI 8 M/p Fq�4 24 LINE Rp 1 A a y Oy's I,N Qv ` �a� \1;5 111 `1+f MATCH al ---- r e ( Q. 2 e5 r WESTHILL 'mRD. --scn— NOTICE St ,� COUNTY OF SUFFOLK © E os3_,• AAE WITHIN THE FOLLOW NG GIS,RICTG. `µ`TT Real Property Tax ServiceA enc Y MAINTENANCE.ALTERATION,SALE OR Ep 2 W—— Kyo.ralpsbc(Lnc——HST— -E 2A HYDRANT ty .tl P Y 9 Y DISTRIBUTION OFANY PORTION OF TME uGHr 43 WnTER ,�1; County Center Riverhead,N Y 11901 061 r —L-- AmWhDmc,L,ne--A-- SUFFOLK COUNTY TAX MAPIS PROHIBITED PARX REFUSE 'Sy 1 SCALE IN FEET: m 063 —P—— Wasaweic.D,wiutLm°——vw—— -a— VASTENWTEft WTHOUT WRITTEN PERMISSION OF THE `�`"^`• 200 D 200 4W A ——S—— REAL PROPERTY TAX SERVICE AGENCY x�T�4'3�Ci'C`'v P 070