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HomeMy WebLinkAbout7798 -v'V'jM3 D -hILtk S , Cpyis-fv�� lacces-;�cvj ,5,rovad is pv-opos--ed be. a,cces�&j rn/ is loc-d� Io -2 F6—lc2V 6-t Ayr-n v%ed C"14 'fPt P-43 �A a Ck f-(l 4- Fy J(,o y q ply- -/.-I - A q q - ' 7 31-a7 'g Owner: Perry, Matthew File #: D7798 Address: 3200 Camp Mineola Rd ��`� L) Code: 18RL Agent Info 66 John R. DiCioccio 2317 Montauk Highway Bridgehampton , NY 11932 Phone: 631-994-2411 Fax: Email: jr.dicioccio@gtlaw.com D :U A-G tzl- u; t�v r� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®� S®��� 53095 Main Road• P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert,Jr. &0 Town Annex/First Floor ® Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® a ��CouNT I,N soggy U Wb' http://southoldtownny.gov ZONING BOARD OF APPEALS JUL 2 4 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 u 0 erk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 20, 2023 ZBA FILE: 7798 NAME OF APPLICANT: Matthew & Jill Perry PROPERTY LOCATION: 3200 Camp Mineola Road, Mattituck, NY SCTM No. 1000-123-5-36.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated April 3, 2023 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a 13, 834 sf nonconforming lot located in an R-40 Zoning District. The property has a road frontage along Camp Mineola Road of 135.45 feet then turns west for 100.17 feet along Allen Drive, then turns south for 141.23 feet along Fay Court before returning 100.00 feet back to Camp Mineola Road. The property is improved with a two-story frame dwelling. The property has three front yards, although two of them are from paper roads, thereby giving the subject lot-a very small rear yard all as shown on survey prepared by Kenneth M. Woychuck, L.S., last revised October 14, 2022. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280- 124; and the Building Inspector's January 18, 2023, 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 required rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at 3200 Camp Mineola Road,Mattituck,NY. SCTM No. 1000-123-5-36.2. RELIEF REQUESTED: The applicant requests variances for the following: 1) Locate an accessory in-ground swimming pool in the side yard where a rear yard location is required. 2) The proposed swimming pool would increase the lot coverage to 25.2% where a maximum of 20% is required. ADDITIONAL INFORMATION: As per testimony from the applicant's agent, the property has 3 front yards, although two of them abut paper roads. The lot coverage was previously given alternative variance relief of 24.3% in ZBA#6176,dated August 25,2008. The updated survey lists the existing house,deck and outdoor shower already measuring of 24.7% lot coverage. The applicant is also proposing to remove a portion of the existing deck and the Page 2,July 20,2023 #7798,Perry SCTM No. 1000-123-5-36.2 outdoor shower in order to construct the in -ground swimming pool and reduce the lot coverage. The applicant's representative presented several prior comparable variances granted in the neighborhood for excessive lot coverage and accessory swimming pools located in the side yard. These determinations have been included as part of the record. The applicant confirmed that the location of the mechanicals and the drywell will be placed on an updated survey which was received by the Board on July 14, 2023. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 6, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The immediate area consists of approximately five improved parcels within the block,'all of which have more than one front yard, many having received variance relief. The subject property was previously granted variance relief for allowable lot coverage of 24.3%. However,the applicant is removing a portion of the existing deck to be replaced with an on-grade accessory swimming pool. Therefore, no undesirable change to the character of the neighborhood will occur. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue,other than an area variance. Due to the fact that the existing residence comprises 20%of the lot coverage; and the property was already given prior variance relief for excessive lot coverage, any addition to the residence or installation of accessory structures would require variance relief. Also, due to the lot having three front yards, any accessory structure would require relief from having them in the required rear yard. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial: The proposed side yard location represents a 100% relief from the code. The proposed lot coverage represents an approximately 26% relief from the code. However, the location of the proposed pool in the side yard is due to the fact that the property has three front yards. The technical side yard where the pool is proposed to be located is the architectural rear yard of the dwelling and fronts a paper road that is not paved and ism well screened from view by existing evergreen landscaping. The proposed lot coverage has already been expanded in previous variance relief, but the homeowner is removing much of the existing deck and an outdoor shower to bring the lot coverage more into compliance with the code. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and conditions of this board. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Lehnert,seconded by Member Acampora,and duly carried, to Page 3,July 20,2023 #7798,Perry SCTM No. 1000-123-5-36.2 GRANT the variances as applied for, and shown on the survey prepared by Kenneth M Woychuk, Land Surveyor last revised July 13,2023 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool pump equipment/mechanicals must be located a minimum of 20 feet from any property line or be contained in a shed type enclosure with a lot line set back that is in conformance with the bulk schedule for accessory structures 2. Drywell for in-ground swimming 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. IMPORTANT LIMITS ON THE APPROVAL(S)GRANTED HEREIN Please Read Carefully Any deviation from the survey, site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings,site plan and/or survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, 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. 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 annermay 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 o the Board: Ayes: Members Weisman(Chairperson), Dantes, Planamento,Acampora and Leluiert(5-0)., Leslie Kands Weisman, hairperson Approved for filing / f /2023 BOARD MEMBERS *rjF So yo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �� Town Annex/First Floor, Robert Lehnert,Jr. l 54375 Main Road(at Youngs Avenue) Nicholas Planamento COMM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 September 13, 2024 Matthew Perry 3200 Camp Mineola Road Mattituck,NY 11952 Re: De Minimus Request, File#7798 Perry, 3200 Camp Mineola Road, Mattituck SCTM No. 1000-123-5-36.2 Dear Mr. Perry; We are in receipt of your correspondence, received August 27, 2024, requesting a de minimus approval related to ZBA determination #7798, dated July 20, 2023, in which variance relief was granted to locate an accessory in-ground swimming pool in the side yard and also exceeding the permitted lot coverage with proposed improvements. In your letter,you explained that you now wish to downsize, and that instead of installing the swimming pool on your property, you wish to install a hot tub in the side yard. I have reviewed your request, the copy of the survey that you provided, and have determined that the change described is de minimus in nature. Please provide this Board with two (2) original dated, signed and sealed surveys of the proposed change, and contact our office if you have any further questions. A - s Weisman, Chairperson cc: Building Department Fuentes, Kim From: Matt Perry <matthew.perry70@gmaiI.com> Sent: Thursday, September 5, 2024 10:59 AM To: Fuentes, Kim Subject: Fwd: De minimus Letter—File#7798 Attachments: ZBA Decision July 2023.p ;,Survey,with proposed hot tub location.pdf Hi Kim, Following up to see if you are able to review this week and if there is anything else you might need from me? Thanks very much. Sincerely, Matt Perry Begin forwarded message: From:Matt Perry<matthew.perry70@gmail.com> Subject:De minimus Letter-File#7798 Date:August 27, 2024 at 4:45:09 PM EDT To:kimf@southoldtownny.gov References: File number 7798 File date July 20, 2023 Address 3200 Camp Mineola Rd, Mattituck, NY 11952 Dear Ms. Fuentes, Please accept this email as a De minimus Letter to make a change to my file number 7798:, In July 2023,the ZBA approved a variance(attached)to allow us to put a swimming pool on our property.However,due to the ever rising costs of this swimming pool,we decided to downsize and instead put in a hot tub. I seek the ZBAs approval to alter my application for this downsizing. The Buildings Department suggested that I provide an updated survey,showing the removal of the pool and equipment and also showing the placement of the hot tub.That survey is also attached. Thank you very much for your attention to this matter. Please let me know if you require any additional information? My cell number is 631-786-4892 if needed. Regards, Matt Perry 3200 Camp Mineola Rd. Mattituck 1 ' S.C.T.M. N0. DISTRICT. 1000 SECTION: 123 BLOCK: 5 LOT(S):36.2 ALLEN DRIVE PIPE 30' R.O.W. (NOT OPEN) FD u.p N 88-29'30" E ONO. MON 100.17 NYT#26 MON ZV W Nt, STONE PAVER .•i PATIO b::::;:•2 C,q••••:•:•:•:::::::::::::•• N.z y ... Gq�G.:........: ^........ .£.............. . \ SPA' ::.cv BRICK W.M. ORI�WAR �Cy 3 RAISED �o................ H PATIO o w 0 co••••• 1 �'•'•'•'•'•'•'•'•'•'•' o r l 1 ............. v�v> > :::17.0' :::::::2ND FLR.'•'•'•'•'•'•'•'o' z :._:.BALCONY:::::::':�. J • Q 2 STY FRAME •;'•••••• D_ �1 I......}..... I:..:..rIN in cn r�.l......1.....DWELLING Q Q L ......................I�;�:.1'•' W ".0" N cn w ' z % :c :%:.••::. 13.1'::::::.:.::.:::::::::::::::.: 5.0' 35.0' FBI 1' OUTDOOR 1 KITCHEN ROOF OVER :::::::::::::::rrr:r::`oo CONC./SLATE PORCH W 11 .Ld r2 ,t W Fi w Fj- (m, � c -H 0 I M z HEDGE GENERALLY NORTH OF LINE U.P S 85011,00" W 100.00 LAND N/F OF DUNN UPDATE SURVEY 10-15-24 DE MIN/MUS PP OVAL G� ADD POOL EQP./DRYWELL 07-13-23 Dated [ c2Oo) 2 UPDATE SURVEY 10-14-22 0� jNG��AR �42� UPDATE SURVEY 06-17-20 SUBJECT TO COVENANT ®®FApP�CS FIRM MAP#36103CO482H AND RESTRICTIONS AS STATED THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA71ONS SHOWN ARE FROM FIELD OBSERVA77ONS LIBER 12196 PC 14 AND OR DATA OBTAINED FROM OTHERS AREA: 13,834 S.F. OR 0.32 ACRES ELEVATION DATUM. UNAUTHORIZED AL7ERA770N OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATF EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING 774E LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO 774E ASSIGNEES OF THE LENDING INS77TU770N, GUARAN7EES ARE NOT TRANSFERABLE. 774E OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADD177ONAL S7RUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE S7RUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON 774E PREMISES AT THE 77ME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: MATTHEW PERRY; JILL PERRY; MAP OF: BRIDGE ABSTRACT; FILED: STEWART TITLE INSURANCE COMPANY; SITUATED AT. MATTITUCK TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design } P.O. Bog 153 Aquebogue, New York 11931 FILE # 25-47 SCALE: 1"=20' DATE:APRIL 21 ,2005 � PHONE (631)298-1588 FAX (631) 298-1588 N.Y.S LISC. NO. 050882 S.C.T.M. NO. DISTRICT. 1000 SECTION: 123 BLOCK: 5 LOT(S):36.2 AECEIVED JUL 14 2023 ZONING BOARD OFAPPa' �-7 ALLEN DRIVE PIPE 30' R.O.W. (NOT OPEN) FD uAP N 8829'30" E MONc. 100.17 NYT#26 MON ........... POOL WASTE WATER MON N N PROPOSED -� DRY WELL 10.0' POOL EQP. t oW 4�i/pto ............7..... ............... m ............................... Q ka ............ wio ;•;•;•:.... ;•• Q a.....:::: o �� :::: BRI W.M. KPA w ... .... .: 'M::::::::::::::::::::::: 10.2' ... TO BE REMOVED ~ 1-� 2.0':.:.:.:.:.:.:.:.:... a Z �J w 0 ' i DECK :::::acoi Jo m �'...'.'.'..'...... v,cn w �./ 0 21.0' Ld ::17.0' .:::...2ND FLR.'•'•'•'•'•'•'•'o' O o ............... Q 2 r I o F.. .•..2 STY FRAME'.... Vai I...'.'..1.'.... I'.'.'.'.'.'.rN L 10.2' 3 r�.l......}.....DWELLING:::::I'•'•'•'•'•;dri Q Q r 10.8' ::I.::::)::::ON CRAWL;•;•;•;•;•I•;•;.;. I•- "' 3 ►'`� L��.J.........................L_�1. w O -H 1:0�. zo 13.1':.:::::::::....................... 5.0' 35.0' H IIROOF OVER �+ �00 1C 0- PORCH Z w ............... W F-1 '.'..'•.'..'.'.'.'.'.'.'..... W w Q o o e D_ O D X d+ Q O m d+ CL o Q -H M z I �, HEDGE GENERALLY NORTH OF LINE U.P S 85"11'00" W Ioo.00 FIN NL OAP LAND N/F of DUNN RE IE ED BY ZBA DEC SIGN# 7`7RR EXISTING LOT COVERAGE DATED: DWELLING W/COVERED PORCH: 2764 S.F. REAR DECK: 594 S.F. OUTDOOR SHOWER: 56 S.F. TOTAL: 3414 S.F. or 24.7 ADD POOL EQP./DRYWELL 07-13-23 UPDATE SURVEY 10-14-22 PROPOSED LOT COVERAGE UPDATE SURVEY 06-17-20 DWELLING W/COVERED PORCH: 2764 S.F. REAR DECK: 207 S.F. FIRM MAP 36103CO482H SUBJECT TO COVENANT SWIMMING POOL: 512 S.F. TOTAL: 3483 S.F. or 25.2 THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL AND RESTRICTIONS AS STATED LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS LIBER 12196 PG 14 AND OR DATA OBTAINED FROM OTHERS. AREA: 13,834 S.F. OR 0.32 ACRES ELEVA77ON DATUM UNAUTHORIZED ALTERA770N OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID 7RUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS7777J77ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS77TU770N, GUARANTEES ARE NOT TRANSFERABLE. 774E OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT 774E PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND 07HER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE S7RUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED T0: MATTHEW PERRY; JILL PERRY; MAP OF: BRIDGE ABSTRACT; FILED: STEWART TITLE INSURANCE COMPANY; SITUATED AT: MATTITUCK TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design + P.O. Box 153 Aquebogue, New York 11931 FILE # 25-47 SCALE: 1 "=20' DATE:APRIL 21 ,2005 PHONE (831)298-1588 FAX (631) 298-1588 N.YS. LISC. NO. 050882 01 o OffijW COUNTY OF SUFFOLK RECEIVED APR 0 5 2023 Zoning Board of Appeals OFFICE OF THE COUNTY EXECUTIVE r✓ ���i„,�� Steven Bellone SUFFOLK COUNTY EXECUTIVE S rah Lansdale Department of Commissioner Economic Development and Planning April 3, 2023 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal He Number Peter Scoufaras #7797 Matthew Perry #7798 �Y Kenneth &Elizabeth McCulloch #7799 -1--p Very truly yours, By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 n i FORM NO. 3 RECEIVED TOWN OF SOUTHOLD MAR 2'9 Zo23' BUILDING DEPARTMENT g SOUTHOLD,N.Y. Zoning Board of Appeals NOTICE OF DISAPPROVAL DATE: January 18, 2023 TO: John R. DiCioccio (Perry) 2317 Montauk Hwy E>x a �g Bridgehampton,NY 11932 Please take notice that your application dated December 5, 2022: For permit: to construct an accessory in-ground swimming pool at: Location of property: 3200 Camp Mineola Rd, Mattituck,NY County Tax Map No. 1000—Section 123 Block 5 Lot 36.2 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool, on this nonconforming 13,834 sq. ft. lot in the R-40 District, is not permitted pursuant to Article III, Section 280-15 which states accessory buildings and structures shall be located in the required rear The accessory structure is located in the sideyard. In addition, the swimming pool is not permitted pursuant to Article XXIII Section 280- 124 which states; lots measuring less than 20,000 square feet in total size require maximum lot coverage of 20%. The proposed lot coverage is 25.2%. 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. RECEIVED Fee:$ Filed By: Assignment No. MAR 2`9 2023 APPLICATION TO THE SOUTHOLD TOWN BOARD OF AP EALS q 13 AREA VARIANCE r Zoning Board of Appeals House No. 3200 Street Camp Mineola Road Hamlet Mattituck SCTM 1000 Section 123 Block 5 Lot(s) 36.2 Lot Size13,384 sq ft Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 18, 2023 BASED ON SURVEY/SITE PLAN DATED 10/14/22 Owner(s): Mathew and Jill Perry Mailing Address: 3200 Camp Mineola Telephone: 917 842 3562 Fax: Email: perry*(cDgtlaw.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: john R niCinrrin for OO Owner( )Other: Address: 2317 Montauk Highway Bridgehampton NY 11932 Telephone: 631 994 2411 Fax: Email: jr.dicioccio@gtiaw.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 10/14/22 and DENIED AN APPLICATION DATED 10/26/22 FOR: ()o 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 and XXIII Section: 280 Subsection: 15 and 124 Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal()o has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 1398;5909;6044;6176Year(s). 1971; 2006; 2007•,2008 .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: Rita Young ZBA File# Appeal No.1398 John Mazur and Alice Mazur Appeal No.5909 John Mazur and Alice Mazur Appeal No.6044 J and A Mazur Appeal No.6176 RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets maybe used with preparer' signature notarized): MAR 2'9 2023 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment t nearby 1 -1 if anted because: D rd�{ of Appeals properties g The property is uniquely situated with unpaved rights of way to the north and 17 �sife side of each paper street are vacant lots. Moreover,it appears that at least one oth r vicinity has a pool in its backyard which has received approval from this Board so the relief being requested is not inconsistent with conditions of the neighborhood. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The property is 13,824 square feet and has three front yards due to the unpaved rights of way to the north and west. The cesspools on the property are currently located on soutwest corner leaving the proposed location of the pool as the only viable option. 3.The amount of relief requested is not substantial because: As discussed above,the property has three front yards so while technically the accessory structure is located in a side yard it located in the rear of the home in what would tradionally appear to the be the rear yard. As far as the lot coverage,the property is already approved at 24.3%so the reqeust represents only an additional.9%which is not significant and from the aerial photographs appears to be consistent with other properties in the neighborhood. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No adverse impacts are anticipated. The lot is surrounded by vacant lots to the north and west and the pool is proposed to be located in the northwest comer. 5.Has the alleged difficulty been self-created? { }Yes,or{X}No Why: The lot is only 13,834 square feet and based upon the location of the cesspools,the proposed location is the only viaable option. Moreover,the configuration of the lot with three front yards creates the need for one of the variances. Are there any Covenants or Restrictions concerning this land? { }No f4 Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. SIgna ture of Applicant or Authorized Agent (AgNnt must submit written Authorization from Owner) Sworn to before me thisoc J day of t(YaZ&-1- 20 a'3 Notary Public PATRICIA tN.NUNEZ .Notary Public,State of New York No.01 NU6121592 Qualified in Suffolk Count ,Commission Expires RECEIVED APPLICANT'S PROJECT DESCRIPTION MAR 2'9 2023 APPLICANT: Mathew and Jill Perry DATE PREPARE :ZrjWj0a�v@4,cj+-d43pf Appeals 1.For Demolition of Existing Building Areas Please describe areas being removed: A portion of the rear wood deck and outdoor shower is proposed to be removed. II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: n/a Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height(from finished ground to top of ridge): n/a Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: n/a Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 3,414 square feet Proposed increase of building coverage: 3.483 square feet Square footage of your lot: 13,834 square feet Percentage of coverage of your lot by building area: 25.2% V.Purpose of New Construction: Construction of 16x 32 in-ground 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): 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 RECEIVED FOR FILING WITH YOUR ZBA APPLICATION MAR 2`9 2023 A. Is the subject premises listed on the real estate market for sale? � Yes X No Zoning Board of Appeals B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?No 2.)Are those areas shown on the survey submitted with this application? 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? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel single family residence and the proposed use same with pool (ex: existing single family,proposed: same with garage,pool or other) 2 Adtrized signature and Date r RECEIVED FORM NO.4 TOWN OF SOUTHOLD MAR 2'9 2023 BUILDING DEPARTMENT Town Clerk's Office Zoning Board IlAppeais Southold, N.Y. Certificate Of Occupancy No. . . ?9544. . . . . . . . . Date . . . . . June. . . .1 . . . . . . . . . . . . . . . . 19 . 79 THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . .32.0.0. . . . CePP.KJAQQXA .RAa� . . . . . . . . . . . .M.0U.bAgls, J`Qw York House No. Street Hamlet County Tax Map No. 1000 Section . . . .123. . . . .Block . . . . . .5. . . . . . . .Lot . . . . .36.2 . . . . . . . Subdivision . . . . . .7AQ=,PP-QC. . . . . . . . . . . . . . . .Filed Map No. ?Pq�. . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . December. . . . 19 .78pursuant to which Building Permit No. . . '1.QQ$Q7, . . . . . . . . . . . . . . . . . . . dated . . December. . . .21 . . . . . . . . . . 19 . .7Pwas issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . . . . . . . . . . . . . . . . . . . . P.r.ivata.One .b'ans,],y.Duelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . .Rita Young . . . . . . . . . . . . . . . . . . (owner, of the aforesaid building. Suffolk County Department of Health Approval . . . • ? v0-141t'Xi.' '5/009/79 ' ' ' ' ' ' ' ' ' ' ' ' ' UNDERWRITERS CERTIFICATE NO. . . . .N429627 . . . ... . . . . . . . . . . . . . . . . . .. . . . . . . . Building Inspector Raw 4l79 FORM NO. 4 RECEIVE® TOWN OF SOUTHOLD MAR 2'9��20j23 BUILDING DEPARTMENT office of the Building Inspector Zoning Board of Appeals Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33040 Date: 05/22/08 THIS CERTIFIES that the building ADDITIONS & ALTERATIONS Location of Property: 450 FAY CT MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 5 Lot 36.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 4, 2006 pursuant to which Building Permit No. 32656-Z dated JANUARY 19, 2007 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 ALTERATIONS AND ADDITIONS, INCLUDING TWO CAR GARAGE, OUTDOOR SHOWER, WOOD DECK, SECOND STORY BALCONIES AND PATIO TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JACK J JR & ALICE MAZUR (OWNER) of the aforesaid building. SUFFOLK COUWY DEPARMM OF MALTH APPROVAL N/A EGECPBICAL CERTIFICATE NO_ 3053690 04/08/08 PLUMBERS CERTIFICATION DATED 04/18/08 CHARLES AZZERA Au horized Signature Rev. 1/81 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD MAR 9 2023 BUILDING DEPARTMENT e-+4_q 3 Office of the Building Inspector Zoning Board of Appeals Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33836 Date: 07/17/09 THIS CERTIFIES that the building DECK ADDITION Location of Property: 450 FAY CT MATTITUCK (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 5 Lot 36.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 29, 2008 pursuant to which Building Permit No. 34214-Z dated OCTOBER 9, 2008 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 ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JOHN J JR & ALICE H MAZUR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ N/A PLUMBERS CERTIFICATION DATED N/A Authorized Signature Rev. 1/81 APPEALS BOARD MEMBERS �pf Spiry Mailing Address: Gerard P. Goehringer,Chairman �p`� ��� Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. `�' • Office Location: Michael A. Simon Town Town Annex/First Floor,North Fork Bank Leslic Kanes Weisman COUIIfTI 54375 Main Road(at Youngs Avenue) Southold,NY 11971 RECEIVED http://southoldtown.northfork.net MAR 2'9 2023 ZONING BOARD OF APPEALS 7 TOWN OF SOUTHOLD Zoning BoarO of Appeals Tel.(631)765-1809•Fax(631)765-9064 rs FINDINGS, DELIBERATIONS AND DETERMINA �� MEETING OF AUGUST 21, 2008 ZBA#6176 -J. and A. MAZUR CTM #123-5-36.2 Property Location: 3200 Camp Mineola Road (and Fay Court), Mattituck SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property contains a nonconforming lot size of 13,834 square feet, and is improved with a two-story frame dwelling with 2-car garage, as shown on the April 28, 2008 amended survey prepared by Kenneth M. Woychuk, Land Surveyor. BASIS OF APPLICATION: Zoning Code Section 280-124, based on the Building Inspector's June 27, 2008 amended Notice of Disapproval concerning a proposed deck addition to dwelling at less than 35 feet from the front lot line and proposed lot coverage exceeding the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests an 11 ft. by 46.3 ft. by 26 ft. L-shaped deck at the westerly front yard attached to the dwelling, resulting in a 10 ft. setback at its closest point from the westerly front line adjacent to Fay Court. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: r RECEIVED Page 2—August 21,2008 ZBA#6176—J.and A.Mazur CTM No. 123-5-36.2 MAR 29 2023 3-qj�3 Zoning Board of Appeals 1. Town Law 1267-b(3)(b)(3)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The previous home on this site was demolished, and the reconstructed house, which conforms to the Codes, was built at elevations to meet the requirements of the codes for this Flood Zone and with variances under ZBA #6044. This variance application requests a front yard setback of 10 feet from the front line along Fay Court, resulting in a 25 ft. reduction from the current 35 ft. code requirement, and lot coverage variance increase from code requirement of 20% (maximum) to 25% total lot coverage for a proposed L-shaped deck addition to the reconstructed house. The immediate area consists of five improved lots within the block, all of which have more than one front yard. The applicant's property has three front yards, similar to one other parcel also with three front yards within the block. There is no doubt that all of these properties are unique, but because of the non-conforming substandard lot areas, the balancing test for granting additional relief is challenging. At the hearing, the attorney for the applicants was asked to reduce the size and width of the open deck. The response was that the applicants needed to maintain the size of width of the "L" shaped deck for tables and sitting areas. The Board feels that alternate relief is possible and more conformity must prevail. Allowances could have been made before or during construction to allow for a greater setback and lot coverage. 2. Town Law §267-b (3)(b)(2). Although the house is built at 20% lot coverage, the applicants can plan for a reduction of relief requested with a modification of the overall size of an °L" shaped deck. 3. Town Law .4267-b (3)(b)(3). The variances requested are substantial and the size and scope of this open deck can be reduced and modified. 4. Town Law 4267-b (3)(b)(5). The difficulty was self-created. While the existing lot was created prior to zoning regulations and FEMA required the house to be elevated above grade necessitating elevation of building areas, the applicants could have incorporated the deck into the original design when planning the home. 5. Town Law&267-b (33)(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. However, the Board is sensitive to lot coverage variances after the construction of the new home (and after the fact). The Board feels that the lot coverage must be reduced inasmuch as it is excessive. Page 3—August 21,2008 RECEIVED ZBA#6176—J.and A.Mazur CTM No. 123-5-36.2 MAR 2'9 r2�023 � Zoning Board of Appeals 6. New York Town Law §267. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to Deny the lot coverage as applied for, and to grant alternative relief for lot coverage at a maximum of 24.3%, and to Grant the setback variance as requested from Fay Court as shown on site survey revised 7-2-08 prepared by Kenneth M. Woychuk, Land Surveyor, and diagrams A-1 and A-2 dated 4-16-08 prepared by Angel B. Chomo, R.A., subject to the following condition: The deck addition shall be open to the sky. That this condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,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. The Board reserves the right to substitute a similar<da nature for an alteration that does not Increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringeliva, and Wei an. ember Dinizio was absent.) This Resolution was duly adopt Ger . Goehringer,Jr., Chairman 814x1200 roved for Filing S.C.T.M.. NO. DISTRICT: 1000 SECTION:123 BLOCK:5 LOT(S):36.2 --------------- ALLEN DRIVE APE 30' R.O.W. (NOT OPEN) _D -- � u.a°i N 88.29'30" E 1 100,17 N.:. MOEL 7.2 N CONC ONYT# 6 MON EL EL 7.5 EL 7.2 �s m N ,O'je EL 8.2 2 CAR N ErWggGE o A FIITIA Fil `10.:' h �,6. PFR I,!'•Y F+i 26.0'O ,O'Z L 7.2 EL 8.2 v M9T£RL1L w `L Q 2. Q �' ss a 02ND ONY .w BALCONY � o IST FL EL 10.6 m a 0. r� o lir Ln 1+•1h n 2 STY FRAME I- ROOF OVr.R O -H a DWELLING --,d'L CONC. ON CRAWL CRAWL EL 7.6 �7 0..' L-CL m � I WW l�^CII J U EL 7.1 EL 7.8 '1 O. O FIN L MAP 0 209 LOT COVERAGE I,% � N n RE EWED BY ZIM x /� 0.3'N EL 8.0 U. m SEE ECISIO #.IWIRE FENCE 0.3'NPL CAT D / � O S 85"11'00' W FRE; SHED G0.00 LAND N/F OF DUNN CURRENT COVERAGE 2774 S.F. OR 209 a P PROPOSED AUDITION COVERAGE i42 S.F ' PROPOSED TOTAL COVERAGE 3,5?6 S.F. OR 259 RECEIVED SUBJECT TO COVENANT AND RESTRICTIONS AS STATED ADO OFFSET TO PROP. DECK 7-2--08 JUL 8 2008 LIBER 12196 PG 14 PROPOSED DECK 4-30-08 �(j yl#L/�7G FINAL SURVEY 08 Th'=WATER SUPPLY, WELLS AND CESSPOOL FOUNDATION LOCATIONCATION 5-2-07 ZONING BOARD OF APPEALS ;,CCA BONS SHOW ARE FRDM FIELD OBSER VA 77ONS REVISE CRAWL SPACE ELEV. 01-04 -07 41VO OR DATA OBTAINED FROM OTHERS AREA: 13,834 S.F. OR 0.32 ACRES FIRM ZONE AE(EL 8) CZEVA770N DATUM: _ USC �[ GS-___ - --- UNAUTHORIZED ALTERA77ON OR ADDITION TO THIS SURVEY IS A VIOLA 770M OF SEC77ON 7209 OF THE IIEW"IRK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VA-'ID TRS.,-COPY. GUARANTEES INDICATED HEREON SHALL RUN ONI.Y TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, OVERNMENTAL AGENCY AND LENDING INS777117/0N J LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARAP/TEES ARE N07TRANSIERABOF THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TC THE STRUCTURES ARE FOR F ':PECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES ADD11701IAL STRICTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDEC OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALL Y EVIDENT ON THE PREMISES AT THF. TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED T0:JOHN J. MAZUR; ALICE H. MAZUR; MAP OF: MKM .,BSTRACT SERVICES, INC.;(TITLE# MKMS24061 FILED: FIRS-' AMERICAN TITLE INSURANCE COMPANY; slTugr£D AT:MATTITUCK TOWN OF SOUTHOLD; -- TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Lend Surveying and Design P.O. Bos 9, Mettituck. New York. 11952 FILEN 25-47 SCALE: 1"=20' DATE:APRIL 21,2005N,V.S.uc NO.soxxT PHONE(6331)298-1580 1580.!X(531 )205- 1508 **Note** As per Julie McGivney, March 30 2023 this application is not a res judicata application pp on it is a different request. RECEIVED MAR-3 0 202 Zoning Board of Appeals APPEALS BOARD MEMBERS *OF soar Mailing,Address: James Dinizio.Jr., Chairman Dy> y�l Southold Town Hall O 53095 Main Road•P.O. Box 1179 Gerard P.Goehringer 4t Southold,NY 11971-0959 Ruth D. Oliva Office Location: Michael A. Simon AD ,^�aa�� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l�C�j1 �`c.` 54375 Main Road(at Youngs Avenue) ' Southold, NY 11971 http://%outholdtown.northfork.net RECEIVED ZONING BOARD OF APPEALS d �44.r\ TOWN OF SOUTHOLD JUL 2 3 2007 Tel.(631)765-1809•Fax(631)765-9064 • arar Tow Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 12, 2007 MAR 219 2023 ZB File No. 6044—John and Alice Mazur Zonis Board of Appeals Property Location: 3200 Camp Mineola Road, Mattituck CTM 121-Z5-36 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 13,834 square foot parcel is improved with a single-family dwelling as shown on the survey prepared by Kenneth M. Woychuk dated 4/21/2005. The property has frontage along three roads: 141.23 feet along a private 30 ft. right-of-way referred to as Fay Court, 100.17 feet along Allen Drive, and 135.45 feet along Camp Mineola Road, Mattituck, BASIS OF APPLICATION: Request for a Variance based on the Building Inspector's May 7, 2007 Notice of Disapproval, based on the ZBA #5909 issued August 17, 2006, based on Building Inspector's April 3, 2006 Notice of Disapproval citing Sections 280-122A and 280-124), for approval of the location of the new foundation at less than 35 feet from the front yard line and less than 35 feet from the rear yard line, after demolition of the foundation of the existing dwelling and related construction. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 11, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 28, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant was issued a Stop Work Order and Notice of Disapproval regarding new construction, portions of which were beyond the scope of Building •Page 2—July 12,2007 RECEIVED Z$File No.6044 —John and Alice Mazur 2'9 2023 CTM No. 123-5-36.2 MAR Zoning Board of Appeals Permit#32656-Z dated January 19, 2007 and ZBA Appeal No. 5909 issued August 17, 2007. The applicant wishes to maintain the setbacks of the foundation that was constructed, as well as an addition, to the proposed new single-family dwelling. The setbacks are indicated on the new 5-2-07 foundation survey at 15.2 feet at its closets point to the front line along Alien Drive, instead of the 15.5 ft. setback requested under the original building permit and ZBA variance. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants' property is the first lot on the west side of an area called Camp Mineola. This area consists of primarily improved older substandard lots which were developed prior to zoning. The former dwelling was demolished, and the property is improved with a new foundation for a new dwelling. A new dwelling is required to meet FEMA minimum elevation requirements in an AE-8 Flood zone, even when it is a non-waterfront parcel. The property contains only 13,824 square foot, and has three front yards. The yards from which setback relief is requested front two unpaved roads. The yard for which the 15.2 foot setback is sought (adjacent to Allen Drive) fronts on a right of way that is not open to traffic. The Board concurs that changes to meet FEMA requirements are required, with the builder/contractor adding 16" to the height to the foundation, which is existing. As part of the structural changes to meet FEMA, grates were added that will allow water to flow through the foundation portion at times of possible flooding. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The contractor was faced with removing and replacing a portion of the existing foundation to meet code requirements, and constructed the foundation 0.3 ft. closer to the front yard lot line than requested under the building permit. 3. The variance granted herein is not substantial, resulting in a 0.3 ft. setback reduction for 15.2 ft. setback instead of 15.5 ft. setback at its closest point. 4. The difficulty has not been self-created. After a careful review of this record, the Board finds that the issues in this appeal are not unreasonable, in that FEMA Code changes do happen. 5. 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 Board feels that in granting this application no specific physical or environmental characteristics will be compromised. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new foundation, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Page 3-July 12,2007 RECEIVED ZB File No.6044 —John and Alice Mazur CTM No. 123-5-36.2 MAR 29 2023 q-� Zoning Board of Appeals Member Oliva, and duly carried, to GRAN' the amended variance as applied for, as shown on the foundation survey prepared by Kenneth M. Woychuk dated 5-2-2007. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. 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. Vote of the Board: Ayes: Members Dinizio (Chair n), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0 . J mes Dinizio Jr., Ch ' man 711 12007 pproved for Filing RECEIVE® 4vii Il:rya - J0L 001 SOUthOld Town Clerk -",,GS BOARD MEMBI.�_ OF SO pT _ Mailing Address: ,'Ruth D. Oliva, Chairworgan �� yO1 Southold Town Hall -`' Gerard P.Goehringer 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. N ,e Office Location: Michael A. Simon �` Y� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman '�Coyrm,� 437-5-Main.Road(At Youngs Avenue) aK. '�•� ny�Z� 1 ?r•'fa E'�liu thbld�NY 1971 http://southoldtown.northfork.net MAY1 5 2007 ZONING BOARD OF APPE S ���� TOWN OF SOUTHOLD ,oti,n Tel.(631)765-1809•Fax(631)765-9064 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MAR 29 2023 MEETING OF AUGUST 17, 2006 ZB File#5909—John Mazur, Jr. and Alice Mazur I Zoning Board of Appeals Property Location: 3200 Camp Mineola Road, Mattituck CTM 123-5-36.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 13,824 square foot parcel is improved with a single-family dwelling as shown on the April 21, 2005 survey prepared by Kenneth M. Woychuk. The property has frontage along three roads: 141.23 feet along a private 30 ft. right-of-way referred to as Fay court, 100.17 feet along Allen Drive, and 135.45 feet along Camp Mineola Road, Mattituck. BASIS OF APPLICATION: Zoning Code Sections 280-122A (referring to Interpretation under Walz Appeal No. 5039, 100-242A and 100-244) and 280-124, based on the Building Inspector's April 3, 2006 Notice of Disapproval, amended May 18, 20Q6, stating that the new construction will increase the degree of nonconformance when located with a front yard setback less than 35 feet and a rear yard setback less than 35 feet, and with an new increase of lot coverage in excess of the code limitation of 20%. FINDINGS OF FACT a The Zoning Board of Appeals held a public hearing on this application on July 27, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants are proposing additions to their home, and conversion of their existing garage to living area and the existing first floor area of their home which has nonconforming setbacks to a front yard lot line and rear yard line. The addition will also increase the lot coverage by one percent greater than the code limitation of 20%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—August 17,2006 • 1 RECEIVED� ZB File No.5909—John and. Maze- 1 CTM No. 123-5-36.2 ' • MAR 2 ;9 2023 Zoning Board of Appeals 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are proposing to convert an existing single-car garage into living space, to construct one-story additions, to construct second- story addition to the existing first floor area of the home, and new outdoor shower. The home is presently 20.6 feet from the westerly front line adjacent to Fay Court. The property contains only 13,824 square foot, and has three front yards. The yards from which setback relief is requested front two unpavedroads. The yard for which the 15.5 feet setback is sought (adjacent to Allen Drive)fronts on a ,,roads. ht of way that is not open to traffic. The lot coverage will be at 21% lot coverage, which will not crew e a major impact. 2. The relief granted is not substantial. 3. The difficulty is not self-created. It is a result of the fact that the property is surrounded by three roads, only one of which is improved. 4. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue other than a variance. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, 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 Simon, seconded by Member Chairwoman Oliva and Member Dinizio, and duly carried,-to GRANT the variances as applied for, as shown on the May 18, 2006 diagrams with site,plan, lot coverage, and elevation/construction details, all prepared by Robert I. Brown, Architect. ' Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. 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. Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). )� , &Q�t CV-) Ruth D. Oliva 9//& /06 Approyed for Filing RECEIVED 4 r t=l�YfiN OF SGUMOLD.?MW YdEI{ MAR 2'9 2023 ACTION OF THE ZONINQrBOMM OF APPEALS a i Appeal Na 38 Dated Zoning Board of Appeals ACTION OF THE ZONING BOARD OF APP6:ALS OF THE TOWN OF SOUTHOLD To TMff** sh Appellant �K R at.a rdeeting of the Zoning Board of Appeals on the appeal was considered and the action indicated below was taken an ( ) Request for.variance due to lack of access to property ( )Request Ror a special exception under the Zoning Ordinance �)Bequest for a varlanpe to the Znning Ordinance L SPECIAL EXCEPTION.By rgsoludon of tba Board it was determined-that a special exception ( ) be granted ( ) be denied pursuant to Article ....._».._»..Section .................. Subsection ...._.»....» paragraph ».»..._ of.the Zoning Ordinance and the decision of the.Building,Inspector ( ) be reversed '( )• lie confirmed because �R� �i �t�+►�s�O �,����. 0� ��� � � us* �, ��� l "WaWoor 1& F ;�' e t ,sat ' ta61� by Am P. 'it' al= 2. VARIM 8'resolution of the Board it was determined that (a) Strict appiication of the OrdWance-'(woukI) (would not) produce practical difficulties or unnecessary. hardship because MM WAM (b) The hardship ceded (is) (is not) unique and (would) (would rot)-be shaved;by all properttes alike in the immediate vicinity of this property and in the same use district because j WM man= ' (c) The variance (does) (does not observe the spirit of the Ordinance and (would) (would not) change the character of the dWrld because and therefore, it was Awther determined that the requested variance ( ) be'granted ( ) be denied and f i that the previous demcions of the Building Inspecter( )'be coag— d ( )be reversed. 3• l i 1 'ZONING BOARD OF APPRAr_c i FO II ZBg GO of 4,Mau 1 RECEIVED MAR 2 '9 2023 ' I Zoning Board of Appeals Alter lnvastiptiem sadtaspssttaa the Dowd slugs that the applldant regnsts permisslga to attach "Latin& dwelling am aesgssorr bu ,ding with r%dssed std* yard area on property issated aerth stag of private road lssated off West old* of camp ldineoia Read llattltsek low ?oak. The board disagrees with the reaseairesg of tir applieM beoauss the required open space extending SlAmis the side let 1UW$ trft tilts trsmt. to tba rear would be permao in-f2y lahiblUd. TIM *U*St rea3a be to mots a singu r*sidense roar lest from the aid* yaord roc the rsster3y baandwy. The BOOM flags tbrt strut application or the Ordiw►see will not predna0 praetleal diltisotolties or mnneeeasary bards the hardsUp seated is not unique and WGRU be a by all properties 61110 In the twrdlets -vicinity of this property and in for seat we distrtsts acid the •arlaaa wftu s the shsraster gr the oeighberli " and Weald mot dbserrg the splrlt Of the Ordinance. TR>Ibt1G8'ON%# 32 WAS 1Ra0LRD Rita Young, 35 Ba7wSLU Read, Locust ULUy, Now York be DRXM) pendaslon to attach existing filling and gossamery bnl]Atsg with rafts" side yard areo. Losatlon of propertyt north aids of private road located West aide Of Qaap Hinsela Read, lsattttack, Now York. Tete of the Bard o A7081- ilssssa a OlUtepte, rerpa, artgonts. RECEIVED Stewart Title Insurance Company r MAR 29 2023 Policy No 0-0000-692454523 _q_*1Y Title No BAL4777S Zoning Board of Appeals SCHEDULE B .Showing defects,liens, encumbrances and other matters against"which.the Company does not, by this Policy, insure: 1. Covenants, conditions, easements, leases, agreements of record, etc, more fully set forth: Right of"Way In Liber 629, Cp. 168; Non-Exclusive Rights of Ways contained in Liber 8038, Cp. 490, in Liber 10986, Cp. 489, in Liber 12196, Cp. 14, in Liber 12385, Cp. 514, and in Liber 12389, Cp. 64. Policy affirmatively insures the benefit of the above referenced Rights of Ways which specifically provide the Insured herein access over and through Camp Mineola Road extending from New Suffolk Avenue,to the southerly side of Howell Avenue; access over and through Howell Avenue; access over and through Fay Court; and access to the shore of Peconic Bay. 2. Policy insures ingress and.egress from premises to the nearest public highway. 3. Survey made by, Kenneth M. Woychuk Land Surveying, PLLC dated 4/21/2005, last dated 6/1.7/2020 shows a 2 story frame dwelling on crawl with 2nd floor balconies, roof over concrete and slate porch, wood deck with steps, outdoor shower, 2 car garage and slate stoop- all attached. Stone wall and hedge-within record lines of title. Brick paver driveway extends east of easterly record line of title into Camp Mineola Road Hedge"varies with portion of northerly record line of-title. Hedges extend up to"8 feet west of westerly record line of title into Fay Court. No other variations or encroachments. 4. Mortgage made by Jill Perry and Matthew Perry to JPMorgan Chase Bank, N.A. securing the principal amount.of$900,000.00 dated July 6, 2020 recorded"August 19, 2020 in Liber 23164, Mp. 397. Es tewart title Insurance company STANDARD.NEW YORK ENDORSEMENT RECEIVED (OWNER'S POLICY) MAR 2'9 2023 Attached to and made a Part of Policy Number 0-0000-692454523 �- 1. The following is added as a Covered Risk: Zoning Board of Appeals "11. Any statutory lien arising under Article'2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. - Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority'and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer In the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or(iv)increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement Is inconsistent with an express provision of this endorsement,this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned; Date, 7/6/2020 -Z . �. . a — 1987 John Prates Agency Name address & lb Number: b President and General Counsel Bridge-Abstract LLC ; P.O. Box 3031 2200 Montauk Highway Bridgehampton, NY 11932 Denise rraux Title No. BAL4777S secretary Standard New York Endorsement(7/1/20.12)For use with ALTA Owner's Policy Page 1 of 1 TP-END-214-20191112-145905 (6/17/2006) RECEIVED STIC Privacy Notice MAR 29 2023 Stewart Title Companies 3_ 99 WHAT DO THE STEWARTTITLE COMPANIES DO WITH YOUR PERSONAL INFORMATI l7�oning Board of Appeal Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title-Guaranty Company and its title affiliates including Stewart Title Insurance Company(the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us.This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section belo�,we list the reasons that we can.share customers'personal information; the reasons that we choose to share;and whether you can limit this sharing. F we can short your personalion. Do we share Can you limit this sharing? day business,purposes—to process your transactions your account.This�may include running the business and stomer accounts,such as processing transactions, mailing, Yes No services,and responding to court orders and legal investigations, For oar marketing purposes—to offer our products and services oNo Yes For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and non-financial Yes No companies. Our aJJillatrs may include companies with a Stewart name; financial companies,such as Stewart Title Compan For our affiliates' everyday business purposes—information about our creditworthiness. No We don't share For our affiliates to market to you—For your convenience,Stewart has Yes, send your first and last name, developedameans foryoutooptoutfromits affiliates marketing even the email address used in your though such mechanism Is not legally required. transaction; your Stewart file Yes number and the Stewart office location that is handling your transaction by email to optout®stewart.com or fax to 1-800-335.9591. For non-affiliates to market to you.Non-affiliates,are companies not 1 related by common ownership or control,They can be financial and non- No We don't share financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non- affiliate, such as a third party insurance company,we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title companies notify me We must notify you about our sharing practices:when you request a transaction. about their practices? H owwart Title Companies protect my To protect your personal information from unauthorized access and use,we use ation? security measures that comply with federal law,These measures include computer, file and buildin safe uards. wart Title Companies collect my We collect your personal information,for example,when you ation? 11 request insurance-related services X provide such-information to us We also collect your personal information from others,such as the real estate agent or lender involved in your transaction,credit reporting agencies,affiliates or other com anies. What sharing can I limit? Although federal and state law give you the right to limit sharing(e.g.,opt out)in certain instances we do not share your personal information in those instances.. contactus.._ If you have an 'questions about this rivacynotice,please contact as at:Stewart Title Insurance Company, 60 East 42 Street,Suite 1260,New York,NY 10165, Pagel Revised I1-19-2013 RECEIVED real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d),"Public S ecords, I lag i I vironme tal protection liens filed in the records of the clerk of the United States District Court for the district where the L and is loo G� G) "Title": The estate or interest described in Schedule A, ` (k) "Unmarketable Title":Title affected by an alleged or apparent matter that would permit a prospective purc aser or lessee of he itle or len a on the Title to be released from the obligation to purchase,lease,or lend if there is a contractual condition req irZgtPile'tdylelidrfa115C�a1 CSS 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured,but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only solong as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(1)an estate or Interest in the Land,or(11)an obligation secured by a purchase money Mortgage given to the Insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section �(a) of these Conditions, (!I) in case Knowledge shall Come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss'or damage for which the Company may be liable by virtue of this policy,or(iii)if the Title,as insured,is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company Is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant'furnish a signed proof of loss. The proof of loss must describe the defect, lien,encumbrance,or other matter insured against by this policy that.constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions,the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for'reasonable cause) to represent the insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of those causes of action that allege matters notflnsured against by this policy. (b) The Company shall have the right,in addition to the options contained in Section 7 of these Conditions, at its,^own cost,to institute and prosecute any action or proceeding or to do any other act that In Its opinion may be necessary or desirable toestablish the Title,as Insured,or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction,and it expressly reserves the right,in Its sole discretion,to appeal any adverse judgment or order. 6, DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, Including the right to use,at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (1) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (11)-in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as.insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the. Insured under the policy shal1.terminate,including any liability or obligation to defend,prosecute,or continue any litigation,with regard.to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, Including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized represeritative of the Company to examine, inspect, and copy all of these records In the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of.the"Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath,produce any reasonably requested information,or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any-liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy,other than to make the payment required in this subsection,shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy, In addition, the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections,(b)(1)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who,has suffered loss or File Number,.BAL47779 8911 ALTA Owner's Policy(08117/06) Page 3 for Policy Number:0-0000692454523 RECEIVED ■ MAR 29 2023 e rt � d 3-+7-9 1 Zoning Board of Appeals ALTA OWNER'S POLICY (06-17-06) POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY;a New York corporation, (the "Company") Insures, as of Date.of.Policy and, to the extent stated in Covered Risks 9 and 10,after Date of Policy,.against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the insured by reason of. 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance.on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (1) forgery,fraud,undue influence,duress,Incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (Iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise Invalid power of attorney (vi) a document riot properly filed, recorded, or,indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or, (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by.an accurate and complete land survey of the'Land. The term"encroachment"includes encroachments of existing Improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4, No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit; or governmental regulation (including those relating to building and zoning) restricting, regulating,prohibiting,or relating to (a) the occupancy,use.,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing,'any part of the Land,is recorded In the Public Records setting forth the violation or Intention to enforce,but only to.the extent of the violation or enforcement referred to in that notice. e. An enforcement action based on,the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise'of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8, Any taking b a g vernmental bodythat has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned Authorized Cou ersignatr/ UNIS `�� tlggyc BRIDGE ABSTRACT,LLC. �oR4oggr John Frates President and General Counsel Company Name 19137�' - 2200 Montauk Highway. P.O.Box 3031 ,t Bridgehampton,NY 11932 City,State Denise Qdrraux Secretary For coverage information or assistance resolving a complaint, call (800) 433-0014 or visit.Www.stewartnewyork .om.'To make,a claim, furnish written notice In accordance with Section 3 of the Conditions.For'pUrposes of this form,the"Stewart Title"logo featured above is the represented logo for the underwriter,Stewart Title Insurance Company: File Number.BAL47778 8911 ALTA Owner's Policy(06/17/06) Page 1 for Policy Number:0.0000692454523 I RECEIVED MAR 2 '9 2023 Stewart Title Insurance Company .Zoning Board of Appeals AMERICANLAND TITLE ASSOCIATION OWNERS P WITHNEW"YORK COVERAGE ENDORSEMENT APPENDED (A.L.T A.) SCHEDULE A Policy No 0-0000.-692454523 Title Number Effective Date Amount of Insurance BAL4777$ 7/6/2020 $1,125,000.00 1. Name of Insured:Matthew Perry and Jill Perry, as husband and wife 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Matthew Perry and Jill Perry, as husband and wife who acquired title by deed from John J. Mazur, Jr. and Alice H. Mazur dated June 29, 2020 recorded August 19, 2020 in Liber 130'67, Cp. 805. 4. The land referred to in this Policy is described herein on'Schedule A Description of Premises. For Information: Premises known as: 3200 Camp Mineola Road, Mattituck,NY 11952 Authorled Si nnq ory Stewart,Title Insurance Company 5Board SCHEDULE A DESCRIPTION OF PREMISES Title No. BAL4777S - � Policy No. 0-0000-692454523 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows:' BEGINNING at a monument set at the corner formed by the intersection of the westerly side.of a certain 25 foot right of way designated as Camp Mineola Road (sometimes known.as Reeve Avenue) and the southerly side of.a 30 foot right of way designated as Allen Drive; RUNNING.THENCE.from said point of beginning along the westerly side of Camp Mineola Road, South 04 degrees 49 minutes 00 seconds East, 135.45 feet to land now or formerly of Dunn; THENCE along said last mentioned land, South-85 degrees 11 minutes 00 seconds West; 100.00 feet to the easterly side of a 30 foot right of way designated as Fay Court; THENCE along the easterly side of Fay Court, North 04 degrees 49 minutes 00 seconds West, 141.23 feet to a concrete monument set on.the southerly side of a certain 30 foot right of way designated as Allen Drive; THENCE along the southerly side of Allen Drive, North 88 degrees 29 minutes 30 seconds East, 100.17 feet to the concrete monument at the point or place of BEGINNING. TOGETHER WITH non-exclusive Rights of Ways as set forth in Liber 629, Cp. 168, in Liber 8038, Cp. 490, in Liber 10986, Cp. 489, in Liber 12196, Cp. 14, in Liber 12385, Cp. 514, and in Liber 12389, Cp. 64. RECEIVED AGRICULTURAL DATA STATEMENT MAR 2 '9 2023 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zoning Board of Appeals WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use 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: Matthew&Jill Perry 2. Address of Applicant: 3200 Camp Mineola Road 3. Name of Land Owner (if other than Applicant): Same as applicant 4. Address of Land Owner: 3200 Camp Mineola Road 5. Description of Proposed Project: Proposed 16 x 32 pool,removal of a portion of rear wood deck and removal of outdoor shower. 6. Location of Property: (road and Tax map number): 3200 Camp Mineola Road 1000-123-5-36.2 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. (Please use the back of this page if there are additional property owners) ----------- Si nature of Applicant Date Not 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. 61Z20 RECEIVED Appendix B Short Environmental Assessment Form MAR 2 ,9 202 Instructions for Completing Zoning Board of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 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 Matthew & Jill Perry Name of Action or Project: 3200 Camp Mineola Road, Mattituck Project Location(describe,and attach a location map): 1000-123-5-36.2 Brief Description of Proposed Action: Application for a variance for a proposed 16 x 32 inground pool, remove a portion of rear wood deck & remove an outdoor shower. Name of Applicant or Sponsor: Telephone: 631-994-2411 J.R. DiCioccio, Esq., Greenberg Traurig E-Mail: jr.dicioccio@gtlaw.com Address: 2317 Montauk Highway City/PO: State: Zip Code: P.O. Box 3048, Bridgehampton NY 11932 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X 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: Town of Southold Building Permit X 3.a.Total acreage of the site of the proposed action? 13,384's afitres b.Total acreage to be physically disturbed? _1 $¢Sgaflres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 13,384 Wr% 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial IRResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, MAR 2 '9 2023 NO YES N/A a.A permitted use under the zoning regulations? g X b. Consistent with the adopted comprehensive plan? Zoning Board of Appeals X 6. Is the proposed action consistent with the predominant charact NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X 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? b.Is the proposed action located in an archeological sensitive area? X 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? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban IR Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES 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? IR NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: C.RNO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that esult in N4 nt of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: MAR 29 2023 X Ir AZoning 19.Has the site of the proposed action or an adjoining property been the 1 NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: JR DICIOcclo, Esq Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? X 2. Will the proposed action result in a change in the use or intensity of use of land? X 3. Will the proposed action impair the character or quality of the existing community? X 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? X 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? X 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate X reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: X a.public/private water supplies? b.public/private wastewater treatment utilities? X 8. Will the proposed action impair the character or quality of important historic,archaeological, X 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)? X Page 3 of 4 KLCEIVED No,or Moderate small to large MAR 29 2023. impact impact may may occur occur 10. Will the proposed action result in an increase in the potentia for erosion, oo ing oipdnrai i problems? X 11. Will the proposed action create a hazard to environmental resources or human health? X 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 RECEIVED MAR 2 '9 2023 '4---7-q 2 Board of Zoning Appeals Application Zoning Board of Appeals AUTHORIZATION (Where the Applicant is not the Owner) I, Jill Perry residing at 3200 Camp Mineola Road (Print property owner's name) (Mailing Address) Mattituck NY do hereby authorize John R. DiCioccio (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. 9(:O:�wner's Signature) Jill Perry (Print Owner's Name) Cd v^4r X023 FRAIN__- E CAMACHO NOTARY PUBLIC,STATE OF NEW YORK 'Registration No.OI CA6259245 Qualified in New York County Commission Expires APRIL 09,2024 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The ouroose 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: Mathew and Jill Per (Last name,first name,middle initial,unless you are applying in the name of someone el a or otherKq!1E1EURPED company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) MAR 29 2023 Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Zoning Board of Appeals 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 this day of Signature ,L Print Name Mathew Perry 411 Perry s d- Afe-to Y� C®Vn EFRAIN CAMACHO LAO- CL6 D ) OTARY PUBLIC,STATE OF NEW YORK 5 ado-y T Registration No.01CA6259245 Qualified in New York County a3 Commission Ex ires APRIL 09,2024 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees 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: DiCioccio. John R. (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) ;REECE:IVEDTax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal ErosionApproval of Plat Mooring Other(activity) Planning Zoninpeals 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 i Submitted this 2 -3 day of Pt ��'^ ,20 Z3 Signature '�� Print Name John R. DiCioccio PATRICIA M.NUNEZ !Votary Public,State of New York No.01 NU6121592 Qualified in Suffol un Commission Expires FRECEIVE 'Town of SoutholdR 2 '9 2023LWRP CONSISTENCY ASSESSMENT FORM � � Zoning Board ofk..,:. A. INSTRUCTIONS -'J 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 123 - 5 - 36.2 The Application has been submitted to (check appropriate response): Town Board E Planning Dept. 0 Building Dept. © Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: 0 Nature and extent of action: Applicant is requesting a variance from Article III & XXIII Section 280 Subsection 15 & 24 to construct a 16 x 32 in ground pool, remove a portion or rear wood deck & remove an outdoor shower. Location of action: 3200 Camp Mineola Road RECEIVED Site acreage: 13,374 sq.ft. LIAR 2 '9 2023 1 Present land use: Residential Zoning Board of Appeals Present zoning classification: R-40 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: Matthew & Jill Perry (b) Mailing address: 3200 Camp Mineola Road, Mattituck Attorney for applicants: JR DiCioccio, Esq. 631-994-2411, jr.dicioccio@gtlaw.com (c) Telephone number:Area Code (91.7-842-3562 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 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 0 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 5 Not Applicable 3D000amf) _ z 1 ' 1. 3M 1.60M r:nc1M 253K r • f' ii. 1.70M 7ED MAR 2 9 2023 ?12 l/ yning Board of Appeals 13)-e � ✓ Y, z 1 I711rn n Y, 11 RECEIVED 1. View of proposed pool from roof. Deck to be removed. Allen Drive to the north. MAR2 9 4q'? ZOZ3 3� R.•_ �n f APPeaI 1 11 r M ,:_7777": ONI 2. Proposed pool area. Deck to be removed. Allen Drive to the north. Fay Court to the West. 1 1 3200 Camp Mineola Road Mattituck ell. .1 jt qg, j t t Y• 1 r' �' r� i fie:. /•fH,iy,r.•• _ '(.', •T,iy� 2 :.'y �j •r`t ��3 vl' J'S .��3j�'` � "'�� 'fir'' 'a` �::{ '+,,a,�� � ' 71 ` �,�, y _ } }wtT < r '•���ytSFay' �, _.''y. lt:: _ •�3't'�'^+�n,.r•.. 'i p •Z�`�� > �'yam' r�4°K r - .SM' i •E"n - 'e."�-,,;q+a�' ' a'"t ys `�"�s .c'.."• a �'.,y/`�c•- y� �,-. }` `u ,�- 4.1' A• • of Ifill 1 M711111M _ - �7<T4�'— ''°• �I(�� '�(���",1. r' ��� t f 13? 'rt� S V- 1 \ 4 aix � +����•}} A t ,��� --�. ,,, KLA e�'/ll a r:,."t'� ' C �raa ) .tea 1�✓t< is 4'� ..g F a�"' � �a�r�e�V' i i`Z �V�. - n � Zi. 04 Ij -:77 r � Fu•a r alai imii�i�,i XVIII �II�_ 1 r .v Klr m . Vii, 7. Outline of pool. Allen Drive Right of Way to the North. Fay Court to the West. 7 � �. v a. • a � n 4 +w RECEIVED 8. Alan Drive Right of Way — not a road for cars MAR 2 9 2023 Zoning 87rd Of ,3 peals -F WT- ir ,.Or - Ar� - _ �� '�1^•�-Ceti_ �:.�.. �_ r _ _ -'��+`"` .. 3200 Camp Mineola Road Mattituck Below is a photo of 2300 Camp Mineola Road Extension where a pool is currently being installed on a side yard of this new construction. r __,.. Wht The pool below in the neighborhood appears to be in a front yard. RECEIVED MAR 2 9 2023 r�; 9 Board of Appeals it 2275 Ole Jule Lane -• • A� J fJ. i. 3200 Camp Mineola Road Mattituck TOWN OF SOUTH®LD PROPERTY REC® r OWNERV),, � s 5,�� � STREET VILLAGE DIST. SUB. LOT � Ci FORMER bWNER N E� ACR. w r� Q ` �u, W TYPE OF BUILDING ce 00 AW /G N SEAS. VL. FARM COMM. CB. MICS. Mkt. Value 1 LAND IMP. TOTAL DATE REMARKS i-141?s - Irl(j ire, a o rA':-A 1414;rrztrls 1 on (fOM4y) �. owr�l sr, To A9. DcrrN4�ei� x d2 / DOD O o O 1? 9 l A I< •I j L ' 'G e A,v SPL 17,( 3nDo PPi!/ONM1Nf qoa �kr oX -t �K/C, �Lly ct� f"R L ?038 i add 11'iV aC ! l3 7� - -113176 soLD �yPSoo 11 'CRrGok�/ ' 6No %o lei. \loyni9 P Y ?a 6.2�v /fit/7 9 / %���/, /6a�o Z y��cr/'c Qhs�arY, �� O�w� /% c' fo r,a o ✓ /2���►" l?��Gr� �`) .iy'. 3 Qr y/���t.� 9 a? R-LlD 48q- 4 ou � 3. Srn cler ' Ors. - /V �; Es �.r c7r5."� 00 2 l3 a? +cL L E _ A B I CO - ,? I _ # l�ra=�G _NE NORMAL C��AB6 I'y1Q7.UX FARM Acre Value Per Va ue Acre 11107 BP- 3z�S4 adds flans t 0jf e1mt70r)S • Tillable FRONTAGE ON WATER 0 fig' Pa;� a Woodland FRONTAGE ON ROAD �„3� ��o J' Meadowland DEPTH o House Plot' _�j� I G ��7 5��� BULKHEAD ql&113 — SC /d / - 8 g?o t Total �► DOCK k,��5,0�70 r /p-123, -5-3o.0- -OLOR TRIM -- 3 i i _ o 'Lawi 2I 4R r f 3ai � y i 3 Extension Extension Extension Foundation ' �' , Both �/L Dinette Perch Basement �'ra../Sic• Floors Porch lExt. Walls Interior Finish LR. Breezeway Fire Place �, Heat DR. Garage 3 �( 9 ; yl, �; J Type Roof t; Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. ` 5 �, ]Dormer Driveway Total ■■■■■■■■■■iiiiio■■■■■■■■■■■■■■ ■■■■■■■I■■491■■■■■■■■■■■■■■■■■■■ ■MMMM■■I■■i■■MMMMM■■■■■■■■■■■■ • •- - ■■MMMMEI■■■■■■I■■■■■■■■■■■■■■■■ ■■MMMM■1■■■■■■I■■M■■■■■■■■■■■■■ �®• ■■■■■■■■■■■MIIS©RMMM■■■■■■■■■■ ■■■■■■■■■■■■I■MMMMM■M■■■■■■■■ - - - _ ■i■■■■■■■■■■■I■■MMMNwa■■■■■■■■ s _ ■■■■■■■■■■■i■M■®■MMuMM■■■■■■ 1 ■■M_■_ESI_■_■■_■■■_■_■I®!�■■■■MMMMM■■■■■ - ■■■■■ROMMU■■O■■■■O■M■■■■■■■■■ ■■■■■■MMw"iM■■■■■MwMM■■■■■■■■ ._. � 4 ■■■■■■■■■ii■■■■■■■■■■■■■■■■■■ . - 0•-=.rte,' ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■M===MMMMMMw■■ ■■■■■■■■■■■■■■■!■MI■■■■EMMMMr■■ ■■■■■■■■■■■■■Mw■M■■■■■■I■■■■■■ ■■■■■■■■■■■M■■■■EMMMMEREE■■■■ : . Finished B. R.Fire Place D.R. e Ext Walls BR. i Dormer p" • ■■ r ' __■ Swim King Pools Proposal 471 Route 25A Proposal Date 08/23/2022 Rocky Point New York 11778 Estimate Date 08/23/2022 United States 631-744-8100 Expiration Date 09/23/2022 Proposal# 11556 Customer Name Jill&Matthew Perry Sales Rep Luke Pranzo RECEIVE® Shipping Address 3200 camp Mineola Road Contact Number 917-842-3562 Mattituck New York 11952 MAR 2 9 2023 United States Email jillperry500@g ail.com T—M d/ Zoning Board Of Appeals Product/items Sold ie�Name item Qua Standard Pool Package 2022 1 $0.00 $0.00 Includes- *3500 PSI 10"•thick;Concrete Walls;with 4;Rows;of,Steel Reinforcement Lifetime.Guarantee(Non-Prorated) 'Pool;Excavaiion,'RemovaIiof Excess Soil;Grading,of„Pool Area up.to 10"froiri'Pool:Wall''28,Mil Liner.of:Choice *P.,oly96M Padding,"Top:Mount,Line.rTrack.`2 Wjd&Moufli.Ski' mers ENCASED IN CONCRETE*2 Return Jets*2 Deep Returns(No Suction Main Drains)DE or Cartridge.Filter and Multiport Valve*!?"Rigid PVC Plumbing.*Quick- Disconnect Union's'Vended Concrete/Vermiculite Floor Surface*Vac SetrVac Head,Hose,Pole,.Net;Test Kit*Rope; and Floats*Start-Up Chemicals;*Pool Orientation/Demonstration (5/3/2022) Rectangle:16x32 ��1 � $40,750.00 $40,750.00 ........................................................................................_._.................................................................................................................................................................... ...................................._................................................................................... .......... Standard Pool Package:1602 Rectangle End Step 16'Vinyl Covered 1 $2,000.00 $2,000.00 Concrete Steps 16'Vinyl Covered Concrete End Step Bench(es):2'x16' 1 $1,800.00 _._ $1,800.00 .............................................._.................................................... ............................__...................... .............................................................................................................................................................................................................................................................. Vinyl Covered Concrete Bench Chlorine Generator w/Salt 1 $2,850.00 M $2,850.00 Chlorine Generator w/Salt*Does Not Include Electric Hook-up* .......................................................................................__................................................_............................ ...................................................................................................................................................................................................................... Jandy VS Flo Pro 2.7hp Pump 1 $900.00 $900.00 with iQ Pump 01 Controller ......................................... . ....... ................................................................................................................................................................... .. ............................................................. .......................................................... ....._...................... .... **Replaces standard pump'* AquaCal SQ166R-126k BTU 1 $6,950.00 $6,950.00 AquaCal SQ166R-126k BTU*Electrical Heat Pump with Titanium Heat Exchange*Does not include electrical hookup*(05/16/22) -Drywell:4'x 8'Precast 1� $2,150.00 $2,150.00 One Ring with Dome and Concrete Cover—Dependent upon drainable soil conditions.Additional charges for non-drainable soil conditions are owner's responsibility" Automatic Pool Cover-16' 1 $14,750.00 $14,750.00 Electric Includes Automatic Cover, Concrete Box,Aluminum Lid, Remote Switch, Under Coping Installation,Choice of Color. Does not include electrical hook-up. (1/12/2022 Automatic Pool Cover-Brackets 1 $1,500.00 $1,500.00 Heavy Duty Brackets to Support Stone Lid*`stone lid not included*` Concrete Pump 1 $2,200.00 $2,200.00 Concrete Pump and Labor _._.............._. ...... ......................_...._...._........_............._. ..........._................_..............._.._.._...................................._.._........_..._........................._.._.........._.....__._.._............................................._..................._........_........._..._. Additional Expense Note 1 $0.00 $0.00 ..-..............I.._........................................................................._.......................................................................................................................................................................................................................................................................................I............... .......... Some additional expenses that are NOT included in this estimate include but are not limited to the following: electrical Work to hookup pool filtration system,gas or propane hookups for pool heater,town permit fees, surveyor fees(if required by your town),tree and stump removal,additional soil removal(if property requires overburden cut to level the pool and patio areas),required pool fencing and alarms,possible footings(if soil in proposed pool location is compromised due to buried debris or boggy soil conditions),use of special or smaller machinery due to limited access to work area(additional machines,rental equipment, pump truck for concrete), fence removal or reinstall for access,prinkler repairwork,grass restoration etc Sub Total $75,850.00 Tax $0.00 Total $75,850.00 RECEIVE® MAR 2 '9 2023 �-19 q Zoning Board of Appeals GreenbergTraurig JR DlClocclo Tel 631-994-2411 JR.DIC!occlo@gtlaw.com RECEIVED MAR 22 2023 March 28, 2023 X3-9 g VIA UPS OVERNIGHT Zoning Board of Appeals Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold,New York 11971 Re: ZBA Application of Matthew & Jill Perry Premises: 3200 Camp Mineola Road, Mattituck Dear Board: Enclosed herewith for filing please find the following: • Notice of Disapproval; • Original and nine copies of the application; • Check in the amount of$1,250.00 representing the application fee. • Project Description form; • Questionnaire; • CO's & all prior ZBA decisions; • Covenants & Restrictions, Schedule B • AG Data form; • Short EAF; • Owner's Consent; • Transactional Owner and Agent; • LWRP form (non-waterfront); • Photos; • Survey prepared by Kenneth Woychuk Land Surveying, PLLC; • Swim King Pools building proposal; • Town Property cards. Please contact our office if you require any further documents or have any questions. Sincerely, /s/TR DLCcocci JR DiCioccio Enclosures ACTIVE 6862579520 ZBA CHECK FEES - 2023 Funding Account- B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 3/20/2023 Carey, Patrick 7794 $750.00 124 3/31/2023 3/22/2023 The Endless Round LLC 7795SE $2,400.00 1011 .3/31/2023 3/23/2023 220 Navy St Trust 7796 $750.00 2320 3/31/2023 3/27/2023 Scoufaras, Peter 7797 $750.00 6532 3/31/2023 3/30/2023 Perry, Matthew 7798 $1,250.00 160 3/31/2023 3/30/2023 McCulloch,Kenneth 7799 $1,250.00 8727 3/31/2023 $7,150.00 RECEIVED APR ® 32023 Southold Town Clerk i wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/04/23 Receipt#: 309163 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7794 $750.00 1 ZBA Application Fees 7795SE $2,400.00 1 ZBA Application Fees 7796 $750.00 1 ZBA Application Fees 7797 $750.00 1 ZBA Application Fees 7798 $1,250.00 1 ZBA Application Fees 7799 $1,250.00 Total Paid: $7,150.00 Notes: Payment Type Amount Paid By CK#e(ft0 $1,250.00 CK#1011 $2,400.00 CK#124 $750.00 CK#2320 $750.00 CK#6532 $750.00 CK#8727 $1,250.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Clerk ID: JENNIFER Internal ID:7799 7/5/23,4:11 PM Google Maps Google Maps t .+5` ;moo � DA i Imagery @2023 Maxar Technologies,New York GIS,Map data @2023 Google 50 ft --n9F �0 M �`9 P-r �C EIVED '�' JUS 6 2023 ZONING BOARD OF APPEALS https://www.google.com/maps/@40.98194,-72.5246517,216m/data=!3m 1!1 e3?entry=ttu 1/1 Below is a photo of 2300 Camp Mineola Road Extension where a pool is currently being installed on a side yard of this new construction. y _ The pool below in the neighborhood appears to be in a front yard. h. t' RECEIVED 6 2023 VON ."► . _ - „ Y _ Y - - - v'' '.LINING BOARD OFAPPEA LS 3200 Camp Mineola Road Mattituck LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY JULY 25, 2002 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, July 25, 2002, at the time noted below(or as soon thereafter as possible): 7:30 pm Appl No. 5139 — VINCENT AND DIANA CARVELLI. This is a request, based on a Notice of Disapproval amended July 2, 2002, for Area Variances under Sections 100-239.4B, 100-242A, 100-244B, and 100-30A.4 (100-33), Bulk Schedule, for proposed dwelling additions and alterations which do not meet the minimum setbacks from the rear lot line, front lot line, lot line to the bulkhead, and lot coverage in excess of 20% of the total lot area. Also proposed is a swimming pool to be located in a side yard area, rather than a rear yard or permitted front yard. Location of Property: 3605 Camp Mineola Road, Mattituck; Parcel 1000-123.-6-12.4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m_ to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Revision Date: July 8, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 0() APPEALS BOARD MEMBEI _ Si1FfOL�- o�� �'QG Southold Town Hall Gerard P. Goehringer, Chairman _ SA 53095 Main Road .4ydia A. Tortora c Z P.O. Box 1179 George Horning "e Southold,New York 11971-0959 Ruth D. Oliva �!� ZBA Fax(631) 765-9064 Vincent Orlando �Q1 �a Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS,DELIBERATIONS AND DETERMINA'T'ION MIEETING OF JULY 25, 2002 Appl. No. 5139- VINCENT and DIANA CARVELLI Property Location: 3605 Camp Mineola Road,Mattituck CTM#123-6-12.4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned as a setback or lot line request. PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the east side of Camp Mineola (toad (a private right-of-way), in Mattituck. The property is improved with a single-family dwelling and the lot consists of a total area of 18,901 sq. ft. (to the line of mean high water and owners' property deed). BASIS OF APPLICATION: Building Department's July 2, 2002 Amended Notice of Disapproval for the reason that applicants' proposed dwelling additions and alterations do not meet the minimum setbacks from the rear lot line, front lot line, lot line to the bulkhead, and lot coverage is in excess of the total 20% lot area, as required under Sections 100-239.4B, 100-242A, 100-244B, 100-30A.4 (100- 33), Bulk Schedule, of Chapter 100(Zoning). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 25, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: Applicants were disapproved in their building permit application to the Building Department for additions and alterations to the existing dwelling: please see plans prepared by David Bers Architecture dated 6/6/02, received by ZBA Office June 13, 2002. Applicants request a new 24 sq. ft. stoop and kitchen window at the west side, a new 6' x 12' stoop at the east side, a new deck after removal of the existing deck at the south side, proposed two dormers (in addition to the center two dormers which received a Building Permit prior to this determination) over the existing first floor, and proposed accessory swimming pool in the northerly yard area. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board made'the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The applicants have proposed alterations and additions to a pre-existing, no building which do not significantly change the variance granted in Appeal #2773 of January 1981. The proposed pool is to be situated in the only available Page 2 -July 25, 2002 ZBA App(. No. 5139 -V. and D. Carvelli Parcel 123-6=12.4 at Mattituck location, in the most landward (northerly) section of the property, considering applicants' property fronts along the water on the south side. 2. The benefit sought by the applicant cannot be achieved by some method, possible for the applicant to pursue, other than an area variance. The pre-existing, non-conforming building on this property can not be relocated to conform to code without extreme hardship to the applicant. The proposed pool will be an accessory structure in the northerly yard, with a setback of+-50 feet from Camp Mineola Road, 23 ft. from the east line, and 40+- feet from the north line at its closest points. 3. The variances granted are not substantial. Total lot coverage will be less than 20% including the area of the property measured to the mean high tide line and noted on the property survey submitted by the applicant, and less than 22% if the property below the mean high tide line is excluded in the lot's square foot area measurement. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the physical or environmental conditions in the neighborhood. 5, (want of the requested variances is the minimum action necessary and adequate to enable this applicant to enjoy the benefit of building alterations and the addition of a pool. BOARD RESOLUTION: On motion by Member Horning, seconded by Member Orlando, it was RESOLVED,to GRANT the variances, as applied for. 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. VOTE OF THE BOARD: AWES: Members Goehringer aarma ' H ning, and and NAS': Member Tortora. (Absent was Member Oliva.) This olution s d adopted (3 GG:GH uoeliringer, airman f '7=30=02I"j _'•! �` Baa .i B i Tri S,,0 Ts CLD `,,'—AcTr4 �LLf'Vti DA Tovrn. Clerk, '1'cmir . ol I T x PROPOSED REBUILT w cc STOOP AND SHOWER = f0 ENCLOSURE O 40 ADD'L S.F. O O z ut cci) z s= F= I w 00 lit e o�q" ®® o ® o� a ® m i® b a o•aQm o ® ycerea-sW .m= .. ' +' ® m pia ■ m� • ■ o ■ y . N T PROPOSED CONSTRUCTION . zq - `o ® NEW POOL.: -POOL=14'X 34'=476 SF , cq -POOL+PATIO AREA=942 SF NEW F FENCE 34° � .4 NEW FRAMED � GARAGE EXTENSION DORMERS � ' �;,� �, 14' PROPOSED POOL 132 S.F.(NEW) -On k 2®x-0°' NEW DRIVEWAY STONE CRUSHED UESTONE AT GRADE STONE • STOOP , dms� m � . .� m m® o ® m soemmn m m® • m ym . m ® m n c ;� LOT COVERAGE GATE AT �V ATE® EX'G BUILT COVERAGE TO M.H.W. 3,099 SF PROPOSED GARAGE AREA 132 SF ' PROPOSED POOL W/O DECK AREA 476 SF rA 16` PROPOSED ADD'L8F @ 24 SF 1 WEST STOOP&KIT.WINDOW PROPOSED ADD'L SF @ EAST 40 SF . STOOP&,H�_OWER NEW CRUSHED STONE DRIVEWAY TOTAL PROPOSED LOT COVERAGE 3,771 SF �1 LOT AREA=18,901 S F.TO MEAN 8� HIGH WATER MARK EXISTING COVERAGE =164 % ° ALIGN PROPOSED COVERAGE=19.95 � � NOTE:1. REBUILT SOUTH PORCH MATCHES ,,�,w " EX'GSTOOP EXISTING SQUARE FOOTAGE ,,M WITH ROOF OVEI 2. POOL SURROUND AND WALKWAYS TO BE STONE AT GRADE ' � ., EX,G SHOWER— ?:" �K�yf f06 v+ F•�N.y'.r3c>r��'° r' i'.v,' y u :al$ 83- 1 , 'd TOWN OF SOUTHOLD, NEW YORK DATE .M ay.....I.Q. 1973 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1756 Dated April 10, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD � To Skiny Dip Pool Co. , Inc. Appellant 250 Cox Lane Cutchogue, New York at a meeting of the Zoning Board of Appeals on May 10, 1973 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( 10 Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7 :50 P.M. (E.S.T. ) , upon application of .Skiny Dip Pool Co. , Inc. , 250 Cox Lane, Cutchogue, New York a/c Arthur Siemerling, Inlet Drive, Capt. Kidd Estates, Mattituck; for a variance in accordance with the Zoning Ordinance, Article III, Section 300 C and Section 302 for 'permission' to 'build swimming pool in side yard area. Location of property: Lot #70 and -1/2 of Lot 469, Map of Capt. Kidd Estates, Mattituck, New York. Fee paid $15 . 00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because r SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and After investigation and inspection the Board finds that , applicant requests permission to build swimming pool in side yard area, Lot #70 and 1/2 of #69, Capt. Kidd Estates, Mattituck. The findings of the Board are that applicant is the owner of a corner lot which restricts his rear yard area. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS -RESOLVED- Skiny. Dip pool Co. , Inc. , 250 Cox Lane, Cutchogue, New York a/c Arthur Siemerling, be GRANTED permission to build swimming pool in side yard area, Lot #70 and 1/2 - of Lot #69, Capt. Kidd Estates, Mattituck, as applied for, subject to the following conditions: -. - That the pool, itself, shall be located no closer than 7 feet to the easterly side line of this property. Vote of the Board: Ayes :- Messrs: Gillispie, Bergen, Hulse, Grigonis. i /. 31 APPEALS BOARD MEMBERS �gUFFD��-C Ruth D.Oliva,Chairwoman Southold Town Hall Gerard P. Goehringer 53095 Main Road e� v P.O. Box 1179 Lydia A.Tortora u• Vincent Orlando O y� � � Southold,NY II971-0959 j Q� Tel.(631)765-1809 James Dinizio,Jr. �1 �►a Fax(631)765-9064 http::Isoutholdto%%in.northfork.net D °`� BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7, 2004 Sit'+ 'i Town C1 ZBA File 5567- EUGENE AND GEORGENE BOZZO Property Location: 4135 Camp Mineola Road, Mattituck; CTM 123-5-27. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 7,665 sq. ft, parcel has 50' along a 30' wide private right-of-way known as Camp Mineola Road, 168.56 feet along the westerly property line, 49.57 feet along the mean high water, and 167.18 feet along the easterly property line. The parcel is improved with a single-family dwelling and accessory garage, as shown on the December 11, 2003 survey prepared by Martin D. Hand, L-S., amended 3/8/04. The lot coverage was proposed at 35.7+-percent. BASIS OF APPLICATION; Building Department's April 8, 2004 Notice of Disapproval, amended July 19, 2004, citing Sections 100-242A and 100-2446, in Its denial of a building permit, concerning proposed first and second story deck additions: (a)with relief from the lot coverage limitation of 24% restricted under Appeal No. 3553; (b) with relief from the code requirement for a single side yard at less than 10 feet on a single side yard, and less than 25 feet total for both side yards. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct additions with alterations to the existing dwelling. The December 11, 2003 survey, amended 3/812004, included applicant's original request for a proposed 14' x 24' 1" and 2"d floor open wood deck with side yards at 7.7 feet from the westerly lot line and 10.3 feet on the easterly lot line, and total side yard area of 18 feet, at its closest points. The lot coverage was clarified and adjusted to 33.14 percent of the total lot area (to the current high water mark and deeded property line along the rear yard)shown on the July 23, 2004 survey amendment. . Pagd 2—October 7.2004 - File No. 5567—E.and E. Bozzo _ CTM Id: 123-5-27 APPLICANTS' AMENDED VARIANCE REQUEST: On June 28, 2004 the applicants' architect submitted amended diagrams to yether with an amended survey, all dated June 4, 2004, requesting a proposed 15' and 2nd floor (2n floor unroofed) open wood deck (359 sq. ft.) as modified, with a proposed 10 ft. westerly side yard setback from the new deck and 7.4 feet from the existing rear/southerly yard, and 9.5 feet between the new deck and the easterly property line, and total side yard area of 16.9 feet, at the closest points of the building area. FURTHER CLARIFICATION AND AMENDMENT: On August 2, 2004 the applicants submitted an amended survey outlining the total lot area, based on the current high water mark and deeded lot line along the rear yard, at 7,665 sq.ft. This amendment also outlines the requested lot coverage of all areas, proposed and existing, at 2,540 sq.ft. (33.14% of the total lot area). The setbacks remain the same at 10 ft. and 9.5 ft. for the new 151 and 2n4 floor 359 sq. ft,wood deck areas (with 7.4 ft. and 10.3 ft. setbacks remaining for the existing building). On September 16, 2004 an amended diagram was modified by the applicants confirming their request for a deck footprint of 234 sq. ft., for a 9' x 26' deck, instead of the 359 sq. ft, footprint, thereby further reducing the lot coverage maximum at 31.5%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Information was furnished by the applicants indicating that their lot size as recently surveyed is 7665 sq. ft., a 331 sq. ft. difference from prior years, based on the change in the location of the mean high water mark over a number of years. This resulted in a changed calculation of building coverage since the 11/3/86 issuance of limitations for lot coverage under Appeal No. 3553. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. The addition is for a two-level deck area open on three sides of the structure, which will not extend beyond the existing nonconforming side yard footprint of the home. The upper level will not be roofed over or enclosed. 3. The variance granted herein is substantial. The code limits lot coverage to 20% of the total lot area and provides for a reduced deck size, with the provision that the total coverage not exceed 30.7%. 4. The difficulty was self-created and is related to the need for a deck without conforming to the current Town Code requirements. Page 3—October 7,2004 - File No. 5567—E.and E. Bozzo CTM Id: 123-5-27 5. 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 deck addition is on the landward(front side facing the right-of-way). 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio,and duly carried, to DENY the variance applied for,and TO GRANT alternative relief,with the following CONDITIONS: 1. The lot coverage for existing and proposed shall not exceed 30.7%of the total lot area; 2. The lower front deck shall be at ground (grade)level. 3. The balcony over the ground level deck shall not be enclosed(open on three sides). 4. A revised map shall be submitted for review before issuance of a building permit. 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. Vote of the Board: Ayes: Members Oliv Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-4. Ruth D. Oliva, Chairwoman 111 !04 Approved for Filing f t • y Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3553 Application Dated August 27 , 1986 T0: Mr . Garrett A. Strang , Architect [Appellant (s) ] as Agent for EUGENE BOZZO Main Road , Box 1412 Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on November 3, 1986 , the above appeal was considered, and the action indicated .below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town 'Law, Section 280-a ( ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variancesto the Zoning Ordinance Article III , Sectiors 100-31 and 100- 32 Article XI Section 100- 119. 2 f ] Request for Application of- EUGENE BOZZO for Variances to the Zoning Ordinance , Articles : (1 ) XI , Section 100- 119 . 2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay; (2 ) I11 , Section 100-32 to relocate accessory garage building in the frontyard area , (3 ) III , Section 100-31 , Bulk Schedule , to construct with lot coverage of all structures in excess of maximum-permitted 20 percent . Location of . Property : South Side 'of Camp Mineola Road , Mattituck; County Tax Map District 1000 , Section 123 , Block 6 , Lot 127 . WHEREAS , a public hearing was held and concluded on October 2, 1986 in the Matter of the Application for EUGENE BOZZO under Appeal No . 3553 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning, and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . This is an application for Variances from the Provi - .,.. --F +L.., 7...,4 .... n-A- r-T 7 -­ ( - 1 A-a: .-T - V c--+ Page 2 - Appeal N.;-: 3553 - Matter of EUGENE BOZZO Decision Rendered November 3 , 1986 y along a private right-of-way ri ht-of which ,extends in a westerly direction from the west side of Camp Mineola Road ) , Mattituck . 3. The subject premises is identified on the Suffolk County Tax Maps as District 1000 , Section 123 , . Slock 6 , Lot 27 , and is improved with a single- family dwelling and accessory garage structure as more particularly shown by survey dated January 28 , 1985 by Roderick VanTuyl , P . C . 4 . The dwelling as exists is set back 18 feet at its closest point from the existing bulkhead (at the southeast corner ) and is set back 7 feet . from the side property line at its southwest corner , 10 feet from the side property lien at its northwest corner , 1.1 ± feet .. from the easterly side . property line at its southeast corner and 10± feet at its northeast corner . The existing garage is located in the frontyard area with setbacks at 2 feet at the closest point (northwest corner) to the front property line and approximately four feet from its closest point (southeast corner) at, the east side. 5 . Applicant proposes to move the dwelling 20 feet to the north ., gaining the minimum required elevation above mean sea level . as per the Flood Plain Management Law of the Town of Southold , and extend a new open deck area , retaining the same .existing 18 ft . setback from the bulkhead . The existing percentage of lot coverage is shown by Site Plan dated August 5 , 1986 to be 21 . 7%. The proposed total lot coverage is shown to be 25 . 7%. The amount of relief . requested as to excessive lot coverage is four percent of the total lot area , or 316 sq . ft . 6 . ' Also proposed by this application is the rotating of the accessory garage 180 degrees , allowing the doors to face west . The size of the garage will not e.xceed 18' by 20 ' and will continue to belimited to storage incidental and accessory to the-residential use of the premises and not operated for gain . 7 . It is noted for the record that a conditional waiver has been received dated August 28 , 1986 from the Southold Town Trustees . 8 . The board agrees that the uniqueness in the character and configuration of this parcel lend to the difficulties for new construction and finds that the relief as granted will be the minimum necessary under the circumstances . In considering this appeal , the board also finds and determines that the granting of the relief as noted below : (a ) will not be inconsistent with the . general neighborhood ; (b) will be the minimal necessary under the circumstances ; (c ) is not substantial in relation to the requirements of the zoning code ; (d) will not create a substantial change in the character of the area ; (e ) will not in turn be adverse to the safety , . health , welfare , comfort , convenience or order of the town ; (f) will serve the interests of justice . a . Page 3 - Appeal No . 3553 Matter of EUGENE BOZZO Decision Rendered November 3 , 1986 2 . That the total lot coverage (of all structures ) not exceed 24 percent of the total lot area ; 3 . There be no reduction in the sideyard setbacks to less than eight feet at the westerly side and 10 feet at the easterly side ; 4 . The accessory garage structure not be closer than five feet from the front property line along the private right-of-way , and not closer than four feet . from the easterly side property line , as exists ; 5 . The garage doors face west , as proposed ; 6 . Deck area to be constructed at the southerly end of dwelling remain open and unroofed , as proposed . 7 . The frontyard setback of the dwelling not be less than that shown on . the August 5 , . 1986 site pian prepared by Garrett A. Strang , Architect . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . 1t.4001 lk GERARD Pa GOEHRINGER, CHAIRMAN November 19., 1986 ,.�.. �L+L•tai, RO r� �1 cFeld f ------ —; } Page 2 - Notice of Hearings Regular Meeting - October 2 , 1986 Southold Town Board of Appeals 8 :00 p .m. Appeal. No . 3484 - PHILIP AND ELLEN BELLOMO . Variance to the Zoning Ordinance , Article XI , Section 100-119. 2 (C) for permission to construct addition at rear of dwelling with an insufficient setback from wetlands along Great Pond , at 7455 Soundview Avenue , Southold , 'N.Y; County Tax Map District 1000 , Section 59, Block 6 , Lot- 8 . 8:05 p .m. Appeal No . 3552 = JOHN SENKO . Variance to the Zoning Ordinance , Article VII , Secti-on 100-70, and Article VI , Section 100-62 ( B) , for permission to establish shopping center use in this " B-1 " Gener-al Business Zoning District with insufficient lot area at 49295 Main Road (a/k/a Ackerly Pond Lane ) , Southold , NY ; County Tax Map District 1000 , Section 70 , Block 07 , Lot 01 , containing 30 ,.084-+ sq . ft . 8 : 10 p .m . Appeal No . 3553 - EUGENE BOZZO . Variances to the Zoning Ordinance , Articles : 0 ) XI , Section 100-119. 2 for permission to construct dwelling with an insufficient setback from wetlands/tidal water along Great Peconic Bay ; (2 ) III , Section 100-32 to relocate accessory garage 'buil-ding in the frontyard area ; (3 ) III , Section 100-31 , Bulk Schedule , to construct with lot coverage of all structures - in excess of maximum-permitted 20 percent . Location of Property : South Side of Camp Mineola Road , Mattituck ; County Tax Map Di-strict 1000 , Section 123 , Block 6 , Lot 27 . 8 : 15 p .m. Appeal No . 3557 - ROBERT EGAN . Variances to the Zoning Ordinance ; Articles : (1 ) III , Section 100-31 to reconstruct dwelling with insufficient total sideyards , insufficient (northwesterly) side yard , and insufficient front -yard ; (2 ) XI , Section 100-119. 2 (6 ) for permission to construct addition and reconstruct dwelling within 75 feet of tidal wetlands along Spring Pond , - Ori-ent Harbor. Location of Property : 330 Knoll Circle , East Marion , NY; "Map of Section Two ; Gardiners Bay Estates , " Subdivision 1 -4-.. 0-7 J ...,i _r nn - n_..-.i.. t_ .. %A..._ n_ APPEALS BOARD MEMBERS' ��f so Mailing Address: Gerard P. Goehringer,Chairman �p`� Olo Southold Town Hall 53095 Main Road-P.O. Box 1179 Ruth D. Oliva . Southold,NY 11971-0959 James Dinizio,Jr. G • Office Location: Michael A.SimonTown Annex/First Floor,North Fork Bank Leslie Kanes Weisman IyC�U , 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net u,EG �V/ESD ,,np ZONING BOARD OF APPEALS � f r yc TOWN OF SOUTHOLD JUL 2 8 M Tel. (631)765-1809- Fax (631)765-9064 � n� FINDINGS, DELIBERATIONS AND DETERMI AMP OF PEALS MEETING OF MARCH 13, 2008 ZBA FILE # 6122—Application of Marjorie Dunn CTM 123-5-11 PROPERTY LOCATION: 300 Fay Court and Camp Mineola Road, Mattituck SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued-a reply dated January 9, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 10,000 square foot lot in the Residential R-40 District with street frontages along both the east side of Fay Court and the west side of Camp Mineola Road. BASIS OF APPLICATION: The applicant is requesting Variances: 1) under Sections 280- 124 and 280-122 based on ZBA Code Interpretation #5029 (Walz Application) and the Building Inspector's amended January 8, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing building. The new construction will exceed the code limitation of 20% lot coverage, and there will be a reduction in the setback from Fay court with an increase in the degree of front yard nonconformity (currently 18.7 feet average), and 2) to remove 10/23/1960 ZBA Condition under Variance 41293 (former owner Herman Pocher) concerning restrictions on front, rear and side yard setbacks. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2-March 13, 200£x-- ZBA# 6122-Application of Marjorie Dunn CTM 123-5-11 AREA VARIANCE RELIEF REQUESTED= The applicant relief in relation to her proposal to: 1. Demolish the existing single family dwelling and retain the existing foundation with alterations to raise it above the flood plain to satisfy FEMA flood zone standards, 2. Construct a new first floor on the existinglaltered foundation with additions that enlarge the dwelling, including a two car attached garage, and a new second story. 3. Increase the proposed lot coverage to 27.5% while the code permits a maximum of 20%. 4. The applicant also seeks to remove ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side yard, rear yard or front yard on this subdivided property. ADDITIONAL INFORMATION: Section 280-104 of the Town Code states that "Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district." The Notice of Disapproval calculates the average front yard setback for dwellings on the east side of Fay Court as 18.7 feet. This calculation includes the front yard setbacks of the two dwellings to the South of the subject property at 9.2 feet for Tax Lot# 1000-123-5-12 and 9.9 feet for Tax Lot # 1000-123-5-13. These two homes would yield an average setback of 9.6 feet. However, the Building Inspector also included in his calculations homes that do not use Fay Court as their architectural front yards (land now or formerly of Mazur to the North fronts on Camp Mineola Road and architectural rear facing Fay Court with a 21 ft. setback, and the home on Tax Lot # 1000-123-5-14 that faces Reeve Avenue with a 35 #'t. architectural side facing Fay Court. REASONS FOR BOARD ACTION= On the basis of testimony presented, materials submitted and personal inspections,the Board snakes the following findings= 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are a number of homes with two street frontages in this neighborhood. The applicant's home has a well- established pre-existing nonconforming setback from Fay Court, a narrow private road, that is similar to other neighbors with older cottage type homes. The proposed front yard setback from the more prominent Camp M&neola rwad will be coaforinisig at, 35 fc& Mmna y other homes in the area have been enlarged over time. 2. Town Law 4267-b(3)(b)(2). The benefit sought, by tLe applicant cannol. be achieved by some method, feasible for the applicant to pursue, other than an area variance. Even though all of the proposed new construction will maintain the existing non-conforming front yard setback. from Fay Court of 9.6 feet, the proposed new second story will increase the degree of front yard non- conformity (ZBA 5039 1 Lite rp retation/ Walz) and would require a variance and the new addition will increase the lot coverage over 20%. - 9 Page 3-March 13, 2008 ZBA#6122-Application of Marjorie Dunn CTM 123-5-11 �, 11 The request to remove ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side yard, rear yard or front yard on this subdivided property also requires action from the Board of Appeals. The proposed first floor additions fronting on Fay Court and maintaining the existing 9.6' setback are not permitted under the 1969 decision which was rendered prior to the Walz Decision. The proposed side yards and front yard setback on Camp Minneola are all conforming, thereby complying with the 1969 decision. The applicant cannot expand the size of their dwelling without a variance due to their lot size and location of the existing foundation. 3. Town Law §267-b(3)(b)(3). The variances granted herein are substantial. The request to maintain a 9.6 ft. front yard setback from Fay Court represents a 48%. The request for an increase in lot coverage from 14.9% to the proposed 27.5%, while the code allows a maximum of 20%, represents a 37.5% variance. The Board notes that since the applicant must fill in their existing basement to meet FEMA flood zone standards and will therefore loose valuable storage space that the applicant proposes to replace with garage storage, alternate relief in the increase of lot coverage beyond that permitted by code is reasonable. 4. Town Law X267-b(3)(b)(5). The difficulty has not been self-created for the front yard setback variance from Fay Court, and is self created for the lot coverage because the applicant chooses to build a single family dwelling that is larger than what is permitted by code on this size lot. 5. Town Law §267-b(3)(W(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. In addition, the applicant will comply with FEMA flood zone standards. 6. Grant of alternative relief and the requested relief are the minimum actions necessary and adequate to enable the applicant to enjoy the benefit of a new enlarged dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD= in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to DENY the lot coverage as applied for, and GRANT ALTERNATIVE RELIEF without the need for a new appeal or hearing/determination for lot coverage of 25% subject to the following conditions: 1. The dwelling must be fitted with gutters and leaders that discharge and contain roof runoff in an onsite dry-well; and 2. Submission to the Zoning Board of Appeals and the Building Department of a final survey prior to issuance of a Certificate of Occupancy confirming the lot coverage and setbacks, without the need for a new hearing; and to 'age 4— March 13, 2008 ` ZB#6122—Application of Marjox__-_-inn ^� CTM 123-5-11 GRANT the variances shown on Chorno Associates' elevation and site map (with survey data) date-stamped received Dec. 17, 2007 concerning the front yard setback from Fay Court at 9.6 feet and removal of conditions under ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side yard, rear yard or front yard on this subdivided property. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. 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. Vote of the Board: Ayes: Members Oliva, Simon and Weisman. (Member Dinizio was absent. Chairman Goehringer abstained.) This Resolution was duly adopted (3-0). Ruth D. Oliva, Vice Chairwoman 3/ ;ZJ /2008 Approved for Filing 2 APPEALS BOARD MEMBER O�*QF$�(/ry0 Mailing Address: Gerard R Goehringer,Chairman Southold Town Hall Ruth D.Oliva i 53095 Main Road• P.O. Box 1179 James Dinizio, Jr. CA N.- Southold,NY 11971-0959 Michael A. Simon i� Office Location: Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman egun rri 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.neL ZONING BOARD OF APPEALS o� TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 RECEIVED 4- FINDINGS, FINDINGS, DELIBERATIONS, DETERMINATIO Q� MEETING DATE: DECEMBER 18, 2008 Southold Town Clerk ZBA# 6222 - WILLIAM F. KRLIS, APPLICANT PROPERTY LOCATION: 100 Fay Court, Mattituck CTM 1000-123-5-3.3 SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 22, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. L DETERMINATION• This application is exempt under Chapter 268-F. PROPERTY FACTSIDESCRIPTION: The subject property is a 5,000 sq. ft. non-conforming lot improved with a single family dwelling and accessory garage. This lot has two front yards and no rear yard, measures 50 feet wide on Camp Mineola Road, 100 feet wide on Fay Court (to the west), and is 100 feet deep. BASIS OF APPLICATION: Request for a Variance under Sections 280-122A and 280-1244, based on the Building Inspector's August 5, 2008 Notice of Disapproval concerning proposed additions and alterations to an existing seasonal dwelling for conversion to a year-round residence, which new construction will increase the lot coverage in excess of the code-limitation (maximum) of 20 percent. Page 2-December 18,2 ZDA#6222-WILLIAM F.MIS,APPLICANT CTM 123-5-13 RELIEF REQUESTED: The applicant proposes to convert the existing one- story single family dwelling from a seasonal to year-round use by elevating the existing house 2' to make it above the FEMA base flood elevation including landing and steps to grade, and building a small mechanical room addition that will also be FEMA compliant and will replace an existing outdoor shower. A new outdoor shower attached to the house will be built in the architectural rear yard fronting on Camp Mineola Road. These additions and alterations will increase the existing non-conforming lot coverage from 28% to 30%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(D- Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The homes and lots on both sides of Fay Court are varying in size, as are the residences which range from small cottages to large year round homes. The applicant's proposed mechanical room addition, outdoor shower, and landing with steps is only 89 square feet and will have no impact on the surrounding properties, and is in keeping with other residential renovations and construction in the area. 2. Town Law §267-b(3)(b)(2) The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because FEMA regulations require that mechanical equipment be located above the base flood elevation, thus necessitating removal of the existing mechanical equipment from the basement, which must be filled in to crawl space height, and locating the new equipment in a new mechanical- boiler room addition that is FEMA compliant. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial in so far as the existing non-conforming lot coverage of 28% already represents a 40% variance from the code requirement of 20% maximum. However, the subject property is a very small lot and the proposed 2% increase in lot coverage is not substantial in that it is the absolute minimum needed to accommodate mechanical equipment at 89 square feet. 4. Town Law 267-b 3 U5 . The difficulty has not been self-created insofar as it is the result of FEMA regulations and pre-existing non-conforming lot coverage. Page 3—December 18,A ZBA#6222-WILLIAM F.KRLIS,APPLICANT CTM 123-5•.13 5. Town Law q267:bJMfl2K4J 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. By becoming FEMA complaint, the proposed additions and alterations will minimize existing adverse impacts. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a year- round house, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, and shown on the Site Plan SP-1 labeled Proposed Alterations to the Krlis Residence dated 8/4/08 (and elevation view diagrams) prepared by Garrett A. Strang, Architect). Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increas eenon nformity, Vote of the Board: Ayes:Members GoeMiger(C ), Oliv i ' i ,Simon, and Weisman. This Resolution was dulyadopted (5 GEWD P. GOEHRINGER, CHAI 12/27/2008 �'•�`OVED FOR FILING 1 BOARD MEMBERS ` Southold Town Hall Leslie Kanes Weisman, Chairperson �,oF soup 53095 Main Road -P.O. Box 1179 James Dinizio, Jr. ,`O� �!Q Southold,NY 11971-0959 � � Gerard P.Goehringer Office Location: CIO Town Annex/First Floor,Capital One Bank George Horning �p� 54375 Main Road(at Youngs Avenue) Ken Schneider yCOUtom Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD ! Tei.(631)765-1809- Fax(631)765-9064 AUG 2 5 2011 FINDINGS,DELIBERATIONS AND DETERMINATION Q MEETING OF AUGUST 18,2011 SAMO( Own C 1er.,, ZBA FILE: 6486 NAME OF APPLICANT: Edna Beirne PROPERTY LOCATION: 55 Fay Court(adj. to Right of Way) Mattituck,NY SCTM#1000-123-5-17 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was 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 June 28, 2011 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: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION; Subject property is a non-conforming 5,339 sq. ft. parcel improved with a two story dwelling and detached accessory garage. It has 100.00 feet of frontage along Fay Court, 51.81 feet along Camp Mineola Road, 113.55 feet along the west property line and 50.00 feet along the north property line as shown on the survey prepared by Peconic Surveyors, P.C. dated July 1, 2011. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and Article III Section 280-15 and the Building Inspector's June 1, 2011 Notice of Disapproval based on an application for building permit to construct a deck and shower addition and accessory garage addition/alteration at 1) front and rear yard setback of less than the code required 35 feet, 2) side yard setback of les9 than the code required 10 feet, 3) lot coverage of more than the code required 20% for the deck/shower addition and 4) rear and side yard setbacks for accessory buildings at /BSS' than the code required 3 feet. RELIEF REQUESTED: The applicant proposes to construct a deck and out door shower additions and construct additions and alterations to existing accessory garage. On lots less than 20,000 sq. ft. the code required front and rear yard setback is 35 feet, side yard setback of 10 feet, applicant is proposing 31 feet and 20 feet front yard setbacks for the proposed deck and shower, a 20 foot rear yard setback for the proposed deck, and a 3 foot setback for the proposed deck. Regarding the accessory garage, the code requires a rear and side yard setback of 3 feet, applicant is proposing a 1.6 foot rear yard and a 1.7 foot side yard setback for the accessory garage addition and alterations. Additionally the code allows for a maximum of 20% lot coverage, applicant is proposing lot coverage of 38%. ADDITIONAL INFORMATION: The Board received a letter from a neighbor in support of the application. During the Public hearing a neighbor spoke in favor of the application. r Page 2 of 3—August 18,2011 ZBA File#6486-Beirne C C'f M: 1000-123-5-17 FINDINGS OF FACT/REASONS FOR BOARD ACTION: /0 The Zoning Board of Appeals held a public hearing on this application on August 4, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is an old sub-division consisting of small non- conforming lots. Many have received variances for setbacks similar to this application. The proposed two story garage is about the same height as the adjacent neighbor's garage. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the small size of the 5,339 sq. ft. subject lot, and the fact that it is a corner property, the applicant would require a variance for any improvements. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are substantial. However, the applicant is proposing to reduce the existing lot coverage of 43.7% to 37.1% by removing some of the existing wood decking and replacing it with an at grade patio. 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. All drainage will be retained on site as per code and no regulated natural features are on the subject property. 5. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant'purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck and improved accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Horning, and duly carried, to GRANT, the variances as applied for, and shown on the Survey prepared July 1, 2011 by Peconic Surveyors, PC. And the architectural plans prepared by East End design Associates dated 10/8/10, pages G101, G102, A101, A102, A201, A301 and ALT-l. Subject to the following conditions; 1. The accessory garage shall be used for storage only, with the utility of electricity. 2. Any roof overhangs, including gutters, shall not extend beyond the subject property lines. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. 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, Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. Page 3 of 3—August 18,2011 ZBA File#6486-Beirne CTM: 1000-123-5-17 This Resolution s duly adopted(1-0). u Ii O\I Leslie Kanes Weisman, Chairperson Approved for filing / /2011 36b59531-5a23-4c58-8972-da30b04c82c5 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; June 29,2023 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. �X/LCC Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 29 day of June 2023 Ota Si4nat t°XS°°r , ���io�r' OF NEW PORK'' NOTARY PUBLIC : N ALBANY e 01RE639844.1 O ,a Notary Public Stamp ' o vvv vI�O-v/lss' �tCo O 'ON EX?, SOUTHOLD TOWN BD OF APPLS 1 y 36b59531-5a23-4c58-8972-da30b04c82c5 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JULY 6,2023 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, JULY 6,2023: 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. See link on our website: http://southoIdtownny.gov/caIendar.aspx. 10:00 A.M.-VERONICA GONZALEZ#7767—(Adjourned from April 6, 2023) Request for a Variance from Article III,Section 280-15; and the Building Inspector's January 20,2023 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: 285 Oyster Ponds Lane,Orient, NY, SCTM No. 1000-25-1-7. 10:10 A.M. -NANCY BURKE#7792SE-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; located at:625 Woods Lane, Peconic, NY.SCTM#1000-86- 6- 7. 10:20 A.M.-KENNETH AND ELIZABETH MCCULLOCH#7799-Request for Variances from Article III, Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's February 17,2023,Notice of Disapproval based on an application for a permit to demolish (as per Town Code Definition) an existing dwelling and reconstruct a single family dwelling,and construct an accessory in-ground swimming pool, at; 1) pool located in other than the code required rear yard;2)construction located less than the code required minimum front yard setback of 40 feet; located at 1605 Parish Drive(Adj.to Southold Bay), Southold, NY.SCTM No. 1000-71-1-15. 10:30 A.M.-PATRICK CAREY#7794-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's January 20, 2023,Amended March 16,2023 Notice of Disapproval based on an application for a permit to demolish an existing garage,construct a porch addition,and build a new garage at; 1)more than the code permitted maximum lot coverage of 20%; located at 1930 Sigsbee Road, Mattituck, NY.SCTM No. 1000-144-1-14. 10:40 A.M.-220 NAVY ST.TRUST,COLIN COWLEY 47796-Request for a Variance from Article XXIII, i SOUTHOLD TOWN BD OF APPLS 2 I ' 36b59531-Sa23-4c58-8972-da30b04c82c5 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times Section 280-124; and the Building Inspector's March 10,2023, Notice of Disapproval based on an application for a permit to demolish an existing dwelling and construct a new single family dwelling, 1) located less than the code required minimum front yard setback of 35 feet; located at 220 Navy Street, Orient, NY.SCTM No.1000-26-1-25. 10:50 A.M.-MATTHEW AND JILL PERRY#7798-Request for Variances from Article III,Section 280-15; Article XXIII,Section 280-124; and the Building Inspector's January 18,2023, 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 required rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at 3200 Camp Mineola Road, Mattituck, NY.SCTM No, 1000-123-5-36.2. 11:00 A.M.-KATIE AND JONATHAN VIGDORCHIK#7802-Request for Variances from Article III,Section 280-15;Article XXII,Section 280-116A(1);and the Building Inspector's February 23, 2023,Amended March 27, 223 Notice of Disapproval based on an application for a permit to construct an accessory swimming pool; 1) located in other than the code permitted rear yard; 2)located less than the code required 100 feet from the top of the bluff, located at: 17975 Soundview Avenue,Southold, NY.SCTM No. 1000-51-1-7. 11:10 A.M.-1280 COREY CREEK, LLC#7774- (Adjourned from May 4, 2023) Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's November 18, 2022,Amended January 23, 2023 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new two story single family dwelling at; 1) located less than the code required minimum front yard setback of 40 feet; located at: 1280 Corey Creek Lane, (adj.to Corey Creek)Southold, NY. SCTM No. 1000-78-4-17. 1:00 P.M.-RQA PROPERTIES, LLC#7800- Request for Variances from Article XXIII, Section 280-123A and the Building Inspector's March 15, 2023 Notice of Disapproval based on an application for a permit to legalize several "as built"additions and accessory structures at an existing auto body repair business 1) A nonconforming building containing a nonconforming use shall not be enlarged,or structurally altered or moved, unless the use of such building is changed to a conforming use;2) "as built" improvements results in increase in floor area greater than prior alternative relief that was previously granted in ZBA File No. 5759 dated December 27,2005; located at: 29950 Main Road,Cutchogue, NY,SCTM No. 1000-102-3-1. 1:10 P.M.-CONSTANCE LEVY#7801- Request for Variances from Article III,Section 280-15;Article XXII, Section 280-116A(1);and the Building Inspector's April 11, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing single family dwelling;at 1) addition located less than the code required 100 feet from the top of the bluff,2)swimming pool located in other than the code permitted rear yard; located at:405 Soundview Avenue, Mattituck, NY.SCTM No. 1000- 94-1-2. 1:20 P.M.-JAMES BURLEIGH MORTON AND CAROL DEGRAFF MORTON (MORTON JB LIVING TRUST J i SOUTHOLD TOWN BD OF APPLS 3 � I 36b59531-5a23-4c58-8972-da30b04c82c5 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times #7803-Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's March 27, 2023 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 40 feet; located at:495 North Sea Drive,Orient, NY.SCTM No.1000-15-63. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email: kimf@southoldtownny.gov. Dated: June 15,2023 ZONING BOARD OF APPEALS-LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office)53095 Main Road (Mailing/USPS) P.O. Box 1179,Southold, NY 11971-0959 J i I i i i SOUTHOLD TOWN BD OF APPLS 4 1 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson O�� rifr0l 53095 Main Road•P.O. Box 1179 Patricia Acampora 4 O Southold,NY 11971-0959 Eric Dantes #[ Office Location: Robert Lehnert,Jr. N Town Annex/First Floor Nicholas PlanamentoOld �� 54375 Main Road(at Youngs Avenue) coum Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 6, 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, JULY 6, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 10:50 A.M. - MATTHEW AND JILL PERRY#7798 - Request for Variances from Article III, Section 280=15; Article XXIII, Section 280-124; and the Building Inspector's January 18, 2023, 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 required rear yard; 2) more than the code permitted maximum lot coverage of 20%; located at 3200 Camp Mineola Road, Mattituck, NY. SCTM No. 1000-123-5-36.2. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than.designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/webli n k/Browse.aspx?d bi d=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: June 15, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 ^ P.O.Box 1179 0 Southold,New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: June 5, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING 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 July 6, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below ;;Iease��,see­mstructions required to::prepare for".athe:ZBA''ublic Mlieariri ��which��iricludes: z P,, - g s A4 PLERE D z WREFULLI'. 4. 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 June 28,2023.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 adjourned 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 along with the mailing receipts and green cards by June 28, 2023, 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. r _ l Instructions for ZBA Public Hear,--_- Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail, Return Receip 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 June 19, 2023. 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@southoldtownny.gov or elizabeth.sakarellos@town.southold.a.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2021 >2021 http://southoldtownny.gov/DocumentCenter/View/8779/FinalRo112021-Amended IMPORTANT INSTRUCTIONS: Scan-:an`dk- he'l t.-hee USPS nailing receipts; green signaturescards-.and` affd`a its to kimf(aso.ut�holdtownny goy, and,*-*PROMPTLY USPS�MAIIL*,*,ihe.'OR,IGINALS to the Town" of.Soutlio'ld; ZBA, P.O. Box 1179; Southold; NY 1'197:1: 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 Laserfiche Instruction's' for Zoning Board of Appeals Records 6.: L;overn;nr:a .r•rt-ic••s :�ir,u: rI�na Do L. �,'�.. : ", •t 'i �• e.ti a.I• iQ Si s;;: ..+. >.ti^.:f.G;�,.��Yi:w i�+<:.r i:r� �.�,,r.;a.�,. �- x;. j. y`/ �y.:r `F.y«,r. it•. .r �'{q } -✓';,;,�y5��, fit/ (:,. �;. vaf Yr t' sa &'a�'.'_;x e+ b it^qn•d �. �;Y�, '�.;. 1.�`j: tt9a-'. J 'k n.y yr.,,�`�'''.�'r.`�'L"� :;"''�° . 'e yb''.-;"� a�„y" •T'.-•.;'._... .�'�"� ^tT,';�..;.,.t :%• t.•.ra -/ 'iCc ! e 'u;�f Ar' .e..';'ti� Y"^�:,,',��`- .v .s r,�': s. tihl a.�:•` i�.?�►jY;S`d��"'Jy(„'w:'E`��.:`�.<.:�a�rq.��.�3} ih'�f .�k. _,+y�.i;,':"�+y�hS'`r �{'=�' •.;f�..�����llll �•�' /:..i{P�i'r��� iii �,1�''>�''•%`F'j'••r '.t7;t?• l' .:,. �, .w.ar e.• t; ��,.,,��`� 7r- ���� .. >. �a� t. �.+^r•Jr r n r f a ti?i�y `?fir •''• � A {jtlj;� `` ... J. F�.�.y.e r�... F � .r�°` Irv•.;�';�.' 'r-�.. SFr•":ii.': - 4 't {: _ Ga NTouf)EMea bfaps Agendas&' Town Code OniinePayments ToH9iRecords " ..,Forms Sig..up to rtccice Minutesessay pbilL-,- Wcburdcas Lerfich< FomurAppiic.iom' Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche Laserfiche WLebUnk Hume ^.rowse sea,dh Tc.•rnC(scuth;,;d TownofSouthold :Name Pase;c—t Temp-are .,e - Trn�oerc .. Entry Pronerlie, Path i••.sxees Z.,—.B.:a.c op_PPyaI2.1 creavon date ars.t. ..,.-. r __•t ., _..n.r•es - Last modified McWaw Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. La5erfiche Instructions ZBA Files Page 2 Laserfiche Wetil-ink U Home Browse SeaiCh -Zoning Board otApoealS(ZBA) Zoning Board of Appeals 7­p,an,name (ZBA) ------ AlpnaGeucal•,d=.< -------- Entry Pr.pe rEies Lase fiche Search Gu,ces Mn—VAgendis/Legal MooceVHea-p Creation date Pending aepors Last modified Sp-M Even,Pel-ts %07:1`11 Tla n,n.-Require—ts ZBA Offluals Metadaw E—abons List Code 230-IOC(3) lu,sd,C;on Listing ZBA 5..< f.V.p­1477 E-ling,Lot, ­d­&-­11, C.nvacu&L...e, Su!k 5,ned.-es ?a8c'C: I G_ntlles Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions" folder to open. Most Visited Getting Started q Southold,NY-Offici.... NetZer.-My NetZeiro... Date Duration Calcula T—OiScuthold-La % Southold-Cor Laserfiche IAle. Link Home Browse Search T ^CrS0Ut ioIC: 7 7; 7 Pending Pending Name 9025 MAIN ROAD UC,CARUNALE Entzy Properties C&L REALTY-1,111thdravin Path JEMCAP SO'LLC PECONIC RcCYC1JNG TRUCK THE ENCLAVES Creation date V7370-=rend 1000-128-6-6 x7379-Solutions Past 1000-13-3-1 Last modified 'I! #7333-Spiller 1000-59-5-S.3 g73345E-HINF Resorts,Pglydon Resorts Campground-1000-40-3-5 Metadata #7385 SE-Fried 1,000-50-1-13.' J 9386 860 Ba,,nnew,-Dive-LLC 1000-37.-5-10.1 ;;7387 Hard Corner 1000-61-4-1 P7387 Hard Corner-SITE PLAN-Arch Plans 1000-51­1 7388-,Mlnton Irrev.Trust 1000-128.-2-20 e7339 Benic 1000-71-1-4 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche instructions ZBA Files Page 3 Laserfiche WetiLtni( 011 -Ne', Home 8rcn,sse Search j Z­ B-';aBoard Actions Board Actions Wm. Pa..count Templat-name 95-1-:979 Entry Properties Path 2000 zoo; Creation date 2002 �,' 1," 2003 Last—dified 200J 7 1005 Metadata 2006 2007 2003 2,`09 Re-s'- 20" Z012 2013 2014 2 22015 115017 PenBms Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 2017 ...... .In 7o, tan moamea 7ol, Si 7cI-- 7415 on i3 Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 Ca's Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link Home Erov.se Search o 7- Releuance 70 i G 12�51 !i UN77—5 WINK�d!MM Page count:S3 Template name:Board Actions Reset - ..:Colin and Kristen Carhal iRGPERTV LOC=.i11JN::fi:lOwE'S�Ing1E`rill,-1Sher... 7,1_Fr!L�7' --y:9.017 1000-9-1-26GRI.T dh—alla,i—Is 9...COLIN 2.KRISTEill CASEL SECTION 009 3L0C-- -Q.,Thomas PO B-332 Flslers-"-J.W 7018 Page count:56 Template name:Boaro AmonS 9:30A'A.-CCU.CA—L-ND Varancel under A—le 51111. —cets)<R STEN CAti H;1=701 6-Recueu pro—ea tell S ocaled cine.rh- 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.-I-1. Laserfiche Webl-ink :7g- H,C,me Browse Search T 'i-I,_jn 3; MlnWeS/AgennaS/Legal ngs Minutes/Agendas/LegalName P'ge C.U,.t Temp-e —e Notices/Hearings !957-'979 Entry Properties 1950-1999 2000-200. Path 2010 101- Creation dace Last modified 2015 1 2016 n Metadeta 2r:-. I Ent! Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 bb Laserfiche WchLink Home Browse Search -J -,C I:e.'N i-;n'l-V;1- 2017 2017 Na— c—count Template name ZSA-01105/2017 7 - Entry Properties , Z5A-0105/2017 Agenda i Path 3A-01:05/2017 le,;,ng 40 F Z5A-01105120 1 LN 3 73 A-01/1 9Y2017 2 1c;1.20 1 1 Agenda Creation date —fl' . , Z3A-02AI2/2017 7 Last modified ZEIA-021021201 7 Agenda 4 1 W"C 1 1-, I I. - ZGA-0210:/2017 Hsal Ig as a Metaclata Z3A-02,10-12017 IN 3 ZBA-02'1 6/2017 Agenda 3 Z3A-02:161201?Special 3 :,d.,,&Results' ZBA-0310 2C 17 .m.heal[hrpap-smear=Use:2 73A�03,02,12017 Age,,.ja Z3A-03i0212011,+ea,ne 65 ZBA-03702/2017 LN 3 Z:LA 03/16/2017 Agenda 3 ZPA-031161201-,Spe-1 3 ZBA-04106/2017 5 Z3A-0m0612017ASa,dja 4 Z3A-0_06/2017 rear ng a5 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 A The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold The application will ALSO be available VIA ZOOM WEBINAR - Follow pink - httpo.//Southoldtownny.gov/calendar.aspx 14AME PERRY, MATTHEW # 7798 SCT # : 1000- 123-5-36 . 2 " VARIANCE: LOT COVERAGE LOCATION VEQUESTEE CONSTRUCT IN = ROUND POOL E ATE THURS. , JULY 6, 2023 10 :50AM You may review the file(s) on the town's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631 ) 765-1809 TOWN OF SOUTHOLD Appeal No.: ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK In the Matter of the Application of: AFFIDAVIT OF MAILING Matthew Perry and Jill Perry (Name of Owner/Applicant) 3200 Camp Mineola Road, Mattituck SCTM#: 1000123-5-36.2 (Address of Property) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner (x) Agent) Tricia Nunez residing at 65 Fanning Avenue, Hampton Bays, NY 11946, being duly sworn deposes and says: On the 14th day of June, 2023, 1 personally mailed at the United Sates Post Office in Bridgehampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current property owners shown on the I current assessment roll, verified from the official records on file with the (X) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding applicants property. (Signature) Sworn to before me this 14th day of June, 2023 I ( ar DA i ILMAFMN,JR. Notary Public,State of New York 0.02 16200303 Cuatrfied in Suffolk Coun Commission Expires April 7. 025 Please list on the back of this Affidavit or on a sheet of paper, the of numbers next to the owners names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA office along with this form completed and notarized. I ' e ■ o ' e AGERTIFIED ■ o . CO i, e i M. Domestic only It In Fri v, hhla °_ Y ii '9i.1 ' �:m t (, i M1. },.. Certified Mail Fes �° �„' -� it m u) $ $4.15 VSP$ Cs b_,. 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I p $ :$4.15 -Z USPS ('( -U $4.15 1.1. SPS t f,� Extr ervioes&FeeS(check box,add fee •d ate) I= $ ate) M eturn Receipt(hardcopy) $ Extra rvices&Fees(check box,add fee ,pp�' ' m etum Recelpt(he copy) $ C3 '+ Return Receipt(electronic) $ Postmark ❑Return Receipt(electronic) $ mark .` QC•,]Certified Mail Restricted Delivery $ Here r ❑Certified Mail Restricted Delivery $ __ -+ I , ❑Adult Signature Required _� $— �I �y C ❑Adult Signature Required - }{i— f ❑Adult Signature"-" • -j- tI--1 1-223--'- 14 2023 I �` ❑Adult Signature Restricted Delivery Postage I3 Postage �- $ U-N-5- 5-3 1 $2.22 CIb/14/' 1123 rU Total / '/2C1 ,,,/ $ ---- - 16 - - Lr2gamini � erl ' ' � ' lv $�' 123 • g5�-o' B Mineol ��`��' ru $ent To Bergamini AMPTON � fLl sent? W End P � � C3 • ---------------- 1351 72nd St ru P O Box 17 01 Fyq N street andApt.d C3 S----t y-- Brooklyn, NY 11228 Ma t t i t u c k, N Y ---- City State,ZIP+ 123 . -5-11 Gonzalez Lynn 2 Stephanie Ln Croton on the Hudson, NY 10520 123 . -5-9 ! Einhorn Daniel J U.S. . ° 133 Brattle Cir ° ' Melville, NY 11747 Mrn °• ° r9 , 123 . -5-36. 4 Melraillit:s° MY 11747 '` `;° Monaghan Richard F r- Certified Mail Fee � C � �K.1-' USPS Monaghan Magdalana L o E�xtr,a.,/Services&Fees(checkbox,add/ee sapp mate) 3055 Camp Mineola R d m & turn Receipt(hardcopy) $ t_I .(. ❑Return Receipt(electronic) $ -• Postmar Mattituck, NY 11952 ❑Certified Mail Restricted Delivery $ Here E:3 ❑Adult Signature Required $ •• I•� 123 . -5-36. 9 E]Adult Signature Restricted Delivery$ I N 14 2023 C3 Postage Einhorn Daniel J =1 Total Postagean�C174 0 • iltill /til' 133 Brattle Cir ru $ $9.24 Melville, NY 11747 ruTt-T, 123 . -5-36. �' •.'` n' O P Einhorn Dani MRTON 'Street and A t Ni 123 . -5-36. 11 r' CitySt 2%P+4 133 Brattle Cir ate, Bergamini Robert J Mel ' ll 1174.7__—_ Bergamini Margaret M 1351 72nd St Brooklyn, NY 11228 Po D CERTIFIED e o o ■ i /123 . -5-36. 16 W End P 0 A Cp Mineola ° PO Box 1701 m Nelvilllb'i !ff 117r7 Certified Mail Fee Mattituck, NY 11952 -� $4.15 C3 $ -C: vSPS '0_ / Extra rvices&Fees(check box,add fee p dat /123 . -6-12 . 2 ITI tum Receipt(hardcopy) $ t_t.1 i!_I / M ❑Return Receipt(electronic) $ Pestmark A r n i n g Robert F O []Certified Mail Restricted Delivery $_ Here C3 []Adult Signature Required $ 223 i A r n i n g Lisa F O ❑Adult Signature Restricted Delivery$ I. L 31 Whitehall Blvd r=1 Postage $1.74 Garden City, NY 11530 ru Total Postage and Fees (16/'14/2023 $9.24 ^. 123 . -6-22 . 6 692 ti $ ent To 123 . -5-9 Wamback Norman (% Street and Ajit.Nc Einhorn Dani G' AMPJON� r / 2401 Augusta Alley crysraie;ZIP+4 133 Brattle Cir V Riverhead, NY 11901 MelvilleNY 11747 . f SrEN' • T/709,, •MPLETE THIS SECTIONON• ■ 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. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(P `to ame) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes I 123 . -6-22 . 6 692 If YES,enter delivery address below: UA0 Wamback Norman 2401 Augusta Alley Riverhead, NY 11901 II I illlll I'll I'I I VIII I III I II II II I I Ii l'II I I III 3. Service Type ❑Priority Mail Express® ❑AdultSignature ❑Registered MailT ❑9dult Signature Restricted Delivery 1:1Registered Mail Restricted 9590 9402 7768 2152 8117 81 Certified Mail® Delivery ❑Certified Mall Restricted Delivery ❑Signature Confirmationym ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery -- d Mail 7 019 1640 0001 7557 5682 d Mail Restricted Delivery 1500) - PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt = —_fir-•;yam^•t.-.-m�-....-,..- �..____—,„r—__—.-•. SECTIONI SENDER: COMPLETE THIS •MPLETE THIS SECTION ON DELIVERY ■ Complejp'items,l'li,and 3. "A Signature ■ Print your name acid address on the reverse X - ❑Agent so t15at;,we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Rec ived ( mte ame) C. Date of Delivery or on the front if space permits. 1. AI D. Is delivery address different from item 1? ❑Yes- 123 . -5-36 . 4 es_123 . -5-36 . 4 If YES,enter delivery address below: b-< Monaghan Richard F Monaghan Magdalana L 3055 Camp Mineola Rd Mattit_u_ck, NY 11952 II 1111111 IIIc 111 111111 1111l11111111l 111l l l l 111 3. Service Type ❑Priority ed Mail ❑Ad eSignature ❑Registered Ma l ❑ ult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 7768 2152 8180 01 ertified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmatianTM � ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery isured Mail 7022 2 410 0003 0673 4164 tsured MaII Restricted Delivery rver$500) PS Form-3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I COMPLETE •N' COmPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse0 Agent so that we can return the card to you. X y ) ,U e ❑Addressee ■ Attach this card to the back of the mailpiece, B. Rec'e'ived by(Printed Name) C. Date of Delivery or on the front if space permits. _ D. Is deliveryaddress different from item 1? ❑Yes 1,23 . "5-11 210 r delivery address below: Gonzalez Lynn J 2 Stephanie Ln Croton on the Hudson, NY 10520 - - - --- -- - - --- - - - III1111111111111IVIII IIIIIit II II III1111111Ill El Service Type o Priority Mail Express® ❑Adult Signature ❑Registered Mailrrn ❑AddlfSignature Restricted Delivery ❑Registered Mail Restricted 9590 9402 7768 2152 8119 89 ertified Mal® Delivery ❑Certified Mail Restricted Delivery ❑Signature Confirmationm ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery 7022 2410 '0003 0673 4157 ❑Insured Mail D Insured Mail Restricted Delivery (over$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt y j • PL:ETETHJS SECTION COMPLETE • ON DELIVERY a'6' A Signature ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse E3 Agent, so that we can return the card to you. 13 Addressee ■ Attach this card to the back of the mailpiece, Vece* ed by Printe,d Name) C. Date of Delivery or on the front if space permits. 1�^w,` 1. Article Addressed to: D. I deli ery add different from ite 1� tq1Yer"s-,. - - - ---- — If YES,enter delivery address !� 123 . -5-36. 9 ® �' Einh.orn Daniel J 133 Brattle Cir Melville, NY 11747 3. Service Type ❑Priorityy M lal E press® II I Illlil I'll lIl I liill I III l II ll II I illi VIII III ❑Adult Signature ❑Registered MailTR ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted ❑Certified Mail® Delivery 9590 9402 7768 2152 8119 96 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. ArticleNumber(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ^ sured:Mail : 7 0 221 2 41'0' 0 OD 3. d617:3 413 3 i$5 oail Restricted Delivery; PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic"R turn Receipt COMPLETE • ■ Complete items 1,2,and 3. A. SI atur ■ Print your name and address on the reverse _ ❑Agent a so that we can return the card to you. � E3 Addressee ■ Attach this card to the back of the mailpiece, Received by(Prints Name) C.Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Iselivery address differe item 17 Yes" If YES,enter delivery ad below: 07, 123 . -5-9 Einhorri Daniel J � 133 Brattle Cir kF/V/?tJ j _Melville, NY 11747 SENDER: COMPLETE THIS a SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature ❑Agent X ` ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C.Date of Delivery or on the front if space permits. D. IsAelivery address different from Item 17 ❑Yes 1'. 123 . -6-,12 . 2 If YES,enter delivery address below: 0-M Arning Robert F / Arning Lisa F v 31 Whitehall Blvd Garden City, NY 11530 3. Service TypePriority Mall Express® II 1111111 IIII III I IIIiI I III I II II II II I I Ill I II III [3 Adult Signature [3[3Registered Mail R 9❑/moult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mali® Delivery 9590 9402 7768 2152 8180 32 ❑Certified Mail Restricted Delivery C3Signature Conftrmationm ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail '' ' ' ; ''all Restricted Delivery ':. 7b16 _30;9 p. g0�01 4323 147:3;9 �> Domestic Return Receipt PS Form 3811,July 2020 PSN 7530-02-000-9053 - 7/7/23,9:05 AM - USPS.com@)-USPS Tracking@)Results USPS Tracking' FAQs > Tracking Number: PO Remove X 70222410000306734188 Copy Add to Informed Delivery(https://informeddelivery.usps.com/) Latest Update Your item was picked up at the post office at 9:16 am on July 6, 2023 in MATTITUCK, NY 11952. Get More Out of USPS Tracking: m CD USPS Tracking Plus® n Cr W n Delivered Delivered, Individual Picked Up at Post Office MATTITUCK, NY 11952 July 6, 2023, 9:16 am See All Tracking History Text & Email Updates u USPS Tracking Plus® u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/gofTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70222410000306734188%2C 1/2 7/7/23,9:06 AM USPS.com@-USPS Tracking@ Results USPS Tracking FAQs > Tracking Number: Remove X 70222410000306734171 , Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update Your item was delivered to an individual at the address at 3:43 pm on June 16, 2023 in BROOKLYN, NY 11228. m Get More Out of USPS Tracking: m CL USPS Tracking Plus® Delivered Delivered, Left with Individual BROOKLYN, NY 11228 June 16, 2023, 3:43 pm See All Tracking History Text & Email Updates u USPS Tracking PlusO u Product Information u See Less Track Another Package Enter tracking or barcode numbers https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70222410000306734171%2C 1/2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS -n ITS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING Matthew & Jill Perry SCTMNo. 1000- 123-5-36 .2 (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, Elizobetyl ptyyq residing at 3200 Colp Miy►t0ia RcA New York, being duly sworn, depose and say that: I am the ( ) Owner or ( ) Agent for owner of the subject property On the day of June � 20 23I personally placed the Town's Official Poster on subject property located at: 3200 Camp Mineola Road, Mattituck, NY indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way(driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be July 6 , 2023 a,-q— ��— (Owner/Agent Signature) Sworn to before me this c; Day of 200`-?-S PATRICIA M.NUNEZ Notary No.01 NU6121592 w Yof�t Qualified In Suffolk County (Notary Public) Commission Expires * near the entrance or driveway entrance of property, as the area most visible to passerby i� 11. * 1 A J � _ flow op lift W .-�• Y ! .thy �',�..�t�•_ .IPt'"� •'�� x �� �.y .r r Aw Jk "� 1 j ±. .nitr�.7�?s ,may ' �,r�jrt'1,.1•. J �' � ,J't.�ay '•'+.�'`+ `+. • � I'sC t!.tti'!- - •'��r.�-,. r-.., •rl� -�.�yY'F�Y"j•.: �t.�y� { vj •�' �,,,-,tint .- :�.� .�, % � •+ } �� .I �.f� y y�'� rj•r�'�C. f�''4i"�•,•��i�,� . • `_CP V tom, 1. , t .1 `r • " F• r ''L"`e '... �� .'_ �' 's:/$ .Ei'.;, y.:. rt t.....• •1• .,:'.s`�.s, BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman, Chairperson O�� Ty�l 53095 Main Road•P.O. Box 1.179 Patricia Acampora h O Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. N se Town Annex/First Floor Nicholas Planamento 54375 Main Road(at Youngs Avenue) Mum��' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD March 30, 2023 Tel. (631) 765-1809 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 : # 7798 PERRY, Matthew Action Requested : Construct an accessory in-ground swimming pool. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town 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 ZBAirp on \ B : �( C y Survey/Site Plan Kenneth M. Woychuk Date : 10/14/2022 �� BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson so �® 53095 Main Road• P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Dantes a Office Location: Robert Lehnert, Jr. Town Annex/First Floor ® Nicholas Planamento 54375 Main Road(at Youngs Avenue) ® i eUNTY,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD July 24, 2023 Tel. (631) 765-1809 John R. DiCioccio P.O. Box 3048 Bridgehampton,NY 11932 Re: ZBA#7798,Perry 3200 Camp Mineola Road, Mattituck SCTM No. 1000-123-5-36.2 Dear Mr. DiCiocco; Transmitted for your records is a copy of the Board's July 20,2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions, please call the office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department S.C.T.M. NO. DISTRICT: 1000 SECTION:123 BLOCK:5 LOT(S):J6.2 ALLEN DRIVE PIPE 30' R.O.W. (NOT OPEN) ' FDU,p`Q-' N 88"29'30" E cONc. 100.17 MON NttJ)26 CONL V MON 10.0' N CQ r G a CV \ ti W O ?q O, ❑ C Xo �0 c 2 CAR Z 0 m 0. m to y 4 BRAG£ F-1 a W.M. FC_ N BRIOKo �1 ----y --- DR/VQ4lY'fR ��W 0y ry F W 3 10.2' m A e' z I 70 BE REMOVED 2,0' a z ;H 1 DECK o .o J o W 16 °' rn vFi W r , o 21.0' a 14 5.5' 0_ = I W 17.0' 2ND FLR. o O p o BALCONY �+ r Q ^a�-- 2STY FRAM -- 102' 3 ! 1 DWELLING � _ 1 In < F� Q F+-1 10.8' I 1 ON CRAWL 1 I� 3 L--J L--J W O -H p11 13.1' 5.0' 35.0' P--1 11 ROOF OVER z CONC./SLATE PORCH z n w W �1 > 1 26.0' O a m i I EL w a m 7n In z tea, HEDGE GENERALLY NORTH OF LINE U.P S 85"11'00" W 100.00 EXISTING LOT COVE IGE LAND N/F OF DUNN I-)\0!9 DWELUNG W/COVERED PORCH: 2764 S.F. REAR DECK: 594 S.F. e �}7 OUTDOOR SHOWER: 56 S.F. TOTAL, 3414 S.F. or 24.77 7 SUBJECT COVENANT PROPOSED LOT COVERAGE AND RESTRICTIONS AS STATED DWELUNG W/COVERED PORCH: 2764 S.F. LIBER 12196 PG 14 REAR DECK: 207 S.F. SWIMMING POOL: 512 S.F. TOTAL, 3483 S.F. or 25.2% THE WATER SUPPLY, WELLS, ORYWELLS AND CESSPOOL UPDATE SURVEY 10-14-22 LOCATIONS SHOWN ARE FROM FIELD OBSERVA 17ONS UPDATE SURVEY 06-17-20 AND OR DATA OBTAINED FROM OTHERS. AREA: 13,834 S.F. OR 0.32 ACRES FIRM MAP#36103CO482H £LEVA TION DATUM: ------------------------ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STA IF EDUCA TION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO 774E PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TIRE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION,:GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE SMUC77JRES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES ADDIT70NAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUMRES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO:MATTHEW PERRY; JILL PERRY; MAP OF: BRIDGE ABSTRACT; FILED: STEWART TITLE INSURANCE COMPANY; SITUATED AT:MATTITUCK TOWN OF:SOUTHOLD KENNETH M N'OYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK ��// Professional Land Surveying and Design 11110 P.O. Box 153 Aquebogue, New York 11931 FILE k 25-47 SCALE: 1"=20' DATE:APRIL 21,2005 PHONE (831)288-1500 FAX (031) 288-1588 N.Y.S. L1,5C. NO. 050862 Revisions 09-12- IG-D4-99 g 09-06-00 SEE SEC NO.115 SEE SEC.NO.115 10-12-00 Q - sfi 4 0516-01 N2814DOw MATCH LINE $' MATCH 0521-01 W �— ----�--- — ---- — •9 8 07-1301 z s 01-21-03 03-26-03 FOR PCL.NO. 06-10-03 SEE SEC.NO. 3.2 1 '�� ,¢• m 10-2303 I 115-09004 , 2 4.1 5 01-20-04 10-20-04 u 021-OB ae 3 11-15-07 07-0909 FOR PCL NO. 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