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HomeMy WebLinkAbout5698 KELLEY, ROBERT & RUTH 57 750 Blue Marlin Drive 1 Southold 29 #4129 PH 10/15/92 A,va �7ec, Deck construction within 75' of bulkhead requires action by ZBA , C4 S498 Pi+ r q-o.i Pl Nc/iuJ'>ooL k118 U co1/43 2 •.11/z/oc • • pf SO(/ • 2 APPEALS BOARD MEMBERS Qa liy Southold Town Hall Ruth D. Oliva, Chairwoman A1/,& alp 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer * * Southold,NY 11971-0959 Vincent Orlando ` en bic Office Location: James Dinizio. Jr. �' �O Town Annex/First Floor,North Fork Bank Michael A. Simon ;�lyCo 54375 Main Road at Youngs Avenue) ‘.0\151- Southold. NY 1197 1 http://southoldtow n.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 4 J,�OI Cv �V1 Tel. (631)765-1809•Fax (631) 765-9064 (S RAY 2 7 2005 FINDINGS, MMAY 2005 DELIBERATIONS AND DETERMINATION � • ,se.re MEETING OF r/a Southold Town Clerk ZB Ref. 5698 - DECLAN MEAGHER Property Location: 750 Blue Marlin Drive, Southold CTM 57-1-29 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 24,313 sq. ft. parcel has 100 feet along Blue Marlin Drive, and is improved with a one-story frame house with attached garage and decks, as shown on the February 1, 2005 survey, revised February 22, 2005 by John Metzger. BASIS OF APPLICATION: Building Department's March 7, 2005 Notice of Disapproval, citing Section 100-239.4B, in its denial of an application for a building permit concerning a proposed swimming pool, for the reason that the new construction will be less than 75 feet from bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 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 a 16' by 32' swimming pool (without raised patio or deck), at 48.8 feet from the bulkhead, as shown on the 2/1/05 site plan prepared by Donald Alberto, A.I.A. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighbor- hood or a detriment to nearby properties. Variances were issued to a lot approximately 150 feet west of the applicant's property, with a 53 ft. setback from the bulkhead, and to a lot approximately 450 feet east of this property with a 52 ft. setback from the bulkhead. The alternative relief herein for a minimum of 52 ft. setback from the bulkhead will be consistent with the neighborhood. Page 2—May 12, 2005 • • ZB Ref. 5698—D. Meagher CTM ID: 57-1-29 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. To place the pool in the yard facing the street would prevent the enjoyment of the existing yard facing the waterfront, which yard is similarly enjoyed by others in the neighborhood. 3. The variance granted herein is not substantial inasmuch as the pool will be only slightly closer to the bulkhead and be smaller in area than the deck that it will replace. • 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 proposed pool will not be visible from the street and will not significantly impact either adjacent neighbors. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 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 Simon, seconded by Member Dinizio, and duly carried, to DENY the variance as applied for, and to GRANT alternate relief at a minimum of 52 feet from the bulkhead with a design similar to that shown on the 2/1/05 site plan prepared by Donald Alberto, A.I.A., SUBJECT TO THE FOLLOWING CONDITION: That the new pool and patio construction be "open to the sky". 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 Oliva (Chairwoman), Orlando, Dinizio, and Simon. Member Goehringer was absent. This Resolutign was duly adopted (4-0). .j-- sLJ.C9QCX Ruth D. Oliva, Chairwoman 54N5-/05 Approved for Filing • illl LOT NUMBERS REFER TO MAP OF SOUTHOLD SHORES- EXEC IN 17-TE SUFFOLK COUNTY CLERKS OFFICE ON AUGUST 29, 1963 AS ALE No. 3853. SURVEY OF PROPERTY N + - AT ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-57-0129 SCALE. l'=3/4-90' FEBRUARY 1, 2005 Feb. 22, 2005 (revision/ Feb. 25, 2005 (markers set) IOS RD O . 0.1 Egg g "a% e ss 100.00' TITIN eJ_ $74y5.2oeE WI a.42 P U \, • iI PI $ 'q 1 N. t .= j LOT 8 I 7 9 U' 'I I L0 1 Nf ACI A 1 1/, ``\ 1 0 / ! FE // r 1 L071 /! 1n : 11 P / 1 _ w / .; $p 4 11 nUNe In; / I ;4 it +►� p / 41TKL' 26 11 c \\\\ 1 Y Got. i , \ --J 1 1 \\ Asa r N s. g t +c 1 'R<' giL ' °°� =_n-104' gr1E Utlito 6l izn Ft- tot* ' .e-" ----i-% a i8' tot,ri Op"N eux�D RA..1 AT 2 - 573 oat.-N 060 SOVNI) OD 04 SWS yi7„ ,S CF New)" �' AREA=24,31 . 0 1F7!e72 SURVEY WAS COMPLETED W)TH A 12" SNOW COVER. TO 71E LlF" P_ 1 Q`p ELEVATIONS REFERENCED TO N.G.V.D. , tom.. ty FLOOD ZONE FROM FIRM 36103C0459 G MAY 4, 1998jJl(�`s�f-- +„ ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION /PECON/C SURVEYORS ~��,,. 18 OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. (631) 765-5020 FAx (63 65-1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERAF/CATION$ HEREON ARE VAUD FON THIS MAP AND COWES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COWES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 05-109 NM05E 9GNA LURE APPEARS HEREON SOUTHOLD, N.Y. 11971 LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, MAY 4, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Wednesday, May 4, 2005, at the time noted below (or as soon thereafter as possible): 9:45 AM DECLAN MEAGHER #5698. Request for a Variance under Section 100-239.4B, based on the Building Department's March 7, 2005 Notice of Disapproval concerning a proposed swimming pool at less than 75 feet from bulkhead, at 750 Blue Marlin Drive, Southold; CTM 57-1-29. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 11, 2005. Ruth D. Oliva, Chairwoman Board of Appeals • • 11. • FORM NO. 3 NOTICE OF DISAPPROVAL �3P'll 'OS DATE: March 7, 2005 TO: Donald Alberto A/C Meagher 68 Highland Avenue Port Washington, NY 11050 Please take notice that your application dated March 3, 2005 For permit to construct additions and alterations to an existing single family dwelling and construction of an accessory in ground swimming pool at Location of property: 750 Blue Marlin Drive, Southold, NY County Tax Map No. 1000 - Section 57 Block 1 Lot 29 Is returned herewith and disapproved on the following grounds: Theproposed construction, on this non-conforming parcel in the R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B which states. "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed in-ground swimmingpool is noted as being 48.87 feet from the existing wood bulkhead. Authorized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 4,111 µ For Office Use Only Fee:S `CO, Filed By: Thad lits.) Date Assi ned/Assignment No. S I/ F Office // Notes:, �iii s-40 opt/fret U p� .�.-[f�,...,.c� �. 7 '�-t(��-e Jai-if 9,i r�t 0�L �• APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.7,7r(7 Street BLue rAmetini VeHamlet /I,-{QL.V SCTM 1000 Section 57 Block ( Lot(s) Zi Lot Size2 `t' 31 3 i1ne District ►L ' U I(WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 7 MACe. E-} 'ZOn.S— Owner as Applicant: Dt.c LAN f $4 rodt-d,Fligitc7 Mailing Address: 75-0 &Al p-640_,IN De, soul-14-01-n {Vt,� ( 197/ Telephone: 91(0 —517 ?I O Z(GICL)'ax: Si Ca 8 8 3 2--I414 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract rend .etc. Authorized Representative : Address: Telephone: Fax: Please specify who you wish correspondence to be mailed to,from the above listed names: Ii(&pplicant/Owner(s) 0 Authorized Representative ❑Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 3- 7 - zoo FOR: // Building Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy D Change of Use 0 Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article )0( ( 1 1 Section 100- 2-37 Subsection 4 B Type of Appeal. An Appeal is made for: FSA Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section 0 Reversal or Other A prior appeal 0 has SYlfas not been made with respect to this property UNDER Appeal No. Year • • • « Reasons for Appeal of Article XXIII Section 100-239 Subsection 4B: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: a. The proposed improvements are small in size and are not visible from the street or the neighborhood and are not detrimental to nearby properties. b. The improvements have been designed in such a manner to absolutely minimize their visibility from the adjacent neighbor at 650 Blue Marlin Drive on which side the pool is located. The pool is at grade and will not be visible to the owner of 650 Blue Marlin Drive. c. The improvements will not be visible at all to the neighbor at 850 Blue Marlin Drive. d. Both neighbors on either side have reviewed the plans and have signed letters attesting to their review and consent of the improvements. e. Four other neighbors in the area have sent correspondence to the Applicant in support of the project. f. A similar pool in size has been built at 1250 Blue Marlin Drive and is a similar setback distance from the bulkhead as the subject and therefore constitutes a precedent on the street and in the neighborhood. g. Combined side yard setback distance from 650 Blue Marlin Drive to 750 Blue Marlin Drive is 38 feet between the two houses and is the widest distance between homes in the area. h. Improvements will be buffered with new landscaping and shrubbery between the houses so as to minimize any sight line from 650 Blue Marlin Drive to porch and pool. (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: a. Without the variance as requested for the rear yard setback from bulkhead, the Applicant would be unable to construct a pool of a reasonable size and function. The location behind the house is not visible at all from the street. b. The proposed pool location has been brought as close as possible to the rear facade of the existing house. (3) The amount of relief requested is not substantial because: a. The existing rear deck (which required a variance in 1992 to permits its present location) will be removed and the pool will be only slightly closer to bulkhead than the end of the existing deck. b. The scale and extent of porch improvements have been reduced to the minimum functional size possible. c. The area of present deck (to be removed) is approximately 540SF and the area of the pool is 512SF. � I L y y • • • . (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: a. The improvements will not be visible from the street. b. The improvements will be built to present standards that will meet or exceed all current physical and environmental code requirements. c. The overall project is designed in such a manner to reduce the area of impermeable conditions on site today by removal of the asphalt driveway. d. The location of the plane of the house at 650 Blue Marlin Drive is closer to the bulkhead than the rear existing house plane and proposed improvements of 750 Blue Marlin Drive. • • • • PROJECT DESCRIPTION \\ (Please include with Z.B.A. Application) Applicant(s):_ J G 119 i\ _ T - 1�f! c2/ C- 1. If building is existing and alterations/additions/renovations areproposed: A. Please give the dimensions of new extensions beyond existing footprint of building: Dimensions of first floor extension: -PbtC1--(SciC fe___toI X_tkt5I (Y2.5F) -f-- Dimensions of second floor: Foci t " I/o X 32.1:- Dimensions Z1=Dimensions of floor above second level: _ 4-115 F Height(from ground to top of ridge): B. Please give the dimensions and square footage of new construction over existing footprint or over first floor or basement areas: Dimensions of first floor: Dimensions of second floor: Dimensions of floor above second level: Height (from ground to top of ridge): Square footage for first floor: second floor: _ II. If land is vacant: Please give dimensions and overall lot coverage percentage and square footage of new construction for each floor: Dimensions of first floor:_ Dimensions of second floor: Dimensions of floor above second level: Height(from ground to top of ridge): _ /. 1 Ill. Purpose and use of new construction requested in this application: *lLtef,f D-_l r 0litC!-� - Asa> 1N6&14.45vND 'WIC MM11UCo eO© I IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7) photos, labeled to show area of proposed construction or existing yard areas for which variance relief is requested(after staking corners for new construction). Please note: Further changes, after submitting the above information, must be placed in writing and rnav require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. 7 02:2'05 -- /Odd- n_ /_-29 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER n I (� STREET 750 VILLAGE DIST. SUB. {/ LOT / f d bee-tan tLn �'cct �ghti- BLUE ,11��t T fl✓1 i , k . " ' ! ,,,t/' :_ ".WM.. J / i L/N J/A". O4', r�. st j ./ lG I rC:�C�.:�� i. l ' �_ �F RMER OWN E,g�,, '/r N E �/ ACR. �r t'�/�u��i �l7 , .s' 7 1 C(C�l V. i',tO►�®et S w TYPE OF BUILDING I � Jd� C,GC,LC. 1' - RES. ova SEAS. VL. FARM COMM. CB. MISC. Mkt. Value _ LAND IMP. TOTAL DATE REMARKSa« - G/ �/ G7 — /d, ..rao . Iii / � c� 0 So / 3/ 7/` d.`�� ;1 .- 0 �'ith r1�. ��"kC Z — /�!Jo L. ?— '....,. ;va ' k . �. rMine 706 2700 ///// 6 r ,( . 1a / .sr ! - I, O/ gi .Ril 3Q 6 0 /S—d a Vfl 0 V • / 70 -2 '_ — a a •, ' - L • ,.-.1-. to Kellett aa0 944 4 /6Q 9/ Q6 //t/7/ 101269192 --81°#c i0i-f7 - goh541.47cic 4c, nct,,4 b Lk tl ,,. -1 ... ., 3000 4) Zoo 92- 0o 196/92- Vg10n - L 1 zolO1S4(0- 1 IIe y A MPa y j-1.Cr 5 , ao el.'s AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE . FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland /� 4 0 --1 Swampland FRONTAGE ON WATER / o 0 C_) 3d. /1/4-6 _ &O 00 r Brushland FRONTAGE ON ROAD / 0 0 House Plot DEPTHa y I l� v " BULKHEAD ile 5 Intal DOCK / ! } I�i ''4 40,!tr.' t om; 6,i,1a1,iv�' COLOR b~ I w� Nip, y i % ��° � - Woodf/1i � D iza.�21 2a, x26 TRIM 1- WA,r-e s Y `_ Ita r 2,9xkey ;i-g11d9i 20 X Z y = 7261 c3Fr undotion ergBath 7 Dinette 'fin r 26 X26 - 67 b ( /b4 b /if Basement F(/LL Floors _'t K. K. Ktefspgn ,2 2'x/z ',2_6'tf/ Ext. Walls 4/o0IJ'4'nq es Interior Finish f",z ¢ Ggest LR. xtension Fire Place i1/0 Heat &teL 6 8 /1 DR. f p Type Roof ,,,(/e Rooms 1st Floor /J BR. 9 OW' /2 X y = y g raz 2(//Recreation Room Rooms 2nd Floor FIN. B. °�De.c1F Q 24 X13- 31Sb , 15— f_Y Dormer /1/4 A Q 3reezeway 9 X 17- 1SDriveway garage 21X92. 696 / ,do x'96 patio ). B. "otal ,L44-1-7 623 / 11421) -,... O ... f II i • COUNTY OF SUFFOLK C } • _ _ ..., f� �. Properly fax Service Agency , ..-..- - m .,r a ..lT;Red r ra r.°yx.I. um — 056• __. — _.._._. _ Vr EN -7:: U /T I Trual >\—r� 11/siK OR \ ' �t / �.� cj \'Th SOUND ISLAND SNELT ER 1 O 'er.. ,. mnu[ COUNTY OF SUFFOLK © i ° SOT setnon NO .. •—• - ImE Rea Property Tax Service Agency A. a Notn m.. — — _. ... '° n.. . °IIx ,. Po..� �I ��° 057 ^ _. •. - m. °.,w, , P MOO MN` - 1-- -------- — I - — PEGONIG BAY _ 99.78, BULKHEAD I ON S 73'30'00'W - - - _ ,4— airti___a_ 4'-O" HIGH FENCE / - -- - - _-_ -, ENCLOSURE F I -_ I ' - 1/40 7 __— -- - - Vi .. t I - - - -1g- -- - -� INo iBULKHEAx ONE LINE - O Inti d' AU / I--- — 4'-O' HIGH FENCE fn Up• O - Z --------- - _- - .-_ ___ - -- - - - - - ___ - — - (POOL ENCLOSURE)- / N X 00 Pic -1 S J = 16'x32' POOL 51 I- _ -- PROPOSED ".r•• I'l � ' \ xl ]C - PATIO ON \ O O I - - • __� J ___ _ - - - , PLRANTERS i : y- _I J_--- :I IIJ- �' �I�- .: .. 10.0 pq - -- -_- .. - - RUN-OFF AND NEW DRYWELL -- ___ --- �- �_ -Ti A-- _ -- - A - - FOR ROOF - III PSP'• • I POOL BACKWASH NEW BACK ASH - - - _ - th PORGPROPOSED I7Ahc I. I /I PORCH ° _ 5 I 1i iiiI I I I _ ETT. EXIST : - --- • -- - -- -- - - --- - ' TRELLIS , EQ�PMENT 1 PROPOSED SECOND/ --- - - - -- - - - - --- - -- - - - -- - -- - - ' 4 FLOOR ADDITION - 1 ! - - - -- - -- - - _- - ' - 1 12.6SELF-CLOSING�%01% 1 lb , - _ _ - _ — 'X F- ATGHING GATE - __ - — - - -- .— - -__ m � _ SEL L I I I a SELF CLOSING F.E,• F. ___ _ - -- - - - „_ SELF-LATCHING I� Q / TRELLISII ^ — �1 7 ABOVE �r GATE I X -/..., COVERED UPPER NEW SCREENED p EXISTING r �\ , EXISTING ASPHALT � II II II I 1 I I II II II II PATIO �� 1I DRIVEWAY TO BE REMOVED I PORCH q ONE STORY / ` I II II II II II �� II II NEV GARAGE PROPOSED COVERED 61'-5" ♦ TRELLIS ENTRY PORCH \ \ - 111 II " " I I -I EXIST. `% / PROPOSED FIRST II II II e-----Q----- a ` �_ X 15.0' \ / — J1 FLOOR ADDITION -( ,. ( ' I ' ! PRE-FAB GAS - - --__ / _ kB.O', // I I PRE-FAB GA5 DIRECT VENT - -- / �� / FIREPLACE PROPOSED /'' l 0 f/ 1 DIRECT VENT GRAVEL DRIVEWAY I 2 / I / 1 '� NEW DRYWELL I / I I _ 0 o O - _ FOR ROOF RUN-OFF I \ L // I n ry LIVING ROOM v I DINING ROOM d � _/ I Nn /- ---/ -t - -1 Cu ( • \ EXISTING ASPHALT �1 N (U 1/4. _i, DRIVEWAY TO BE REMOVED I14'-O' �, 0 d I I N I- AND REPLACED VY/ GRAVEL ;III CI J = tuR - - - - D EXISTING CESSPOOL O SYSTEM - - I /9 \ 6R J W I (VERIFY LOCATION) 3 -- l— 1—/ N - - -- Ail I o U U 4P 0 2-2 i GL 20 ihM --- --' -Up. / Q / 5,_2„ /., 5' 6,. / 6'_4" B:NCH - \ -I 1 DEN L. -. KITCHEN i `r N V -_� ' 0 7 z PANT = FOYER Fr_ _ I l',) I II'_b„ �1 T -1 _ ll 111 4 — CA — © p J 4i" ta 5400' 1000'\ O" N 7415'20'E— -cT� " �d ` BLUE MARLIN DRIVE - ima ger 5P '20 p � SPACE ; ° -o I^I Q - � ^ HALL IAGGESh r` PORCH STONE BASE W/ 51 TE PLAN m I paiiiiii II IEXIST. COLUMNSABOVEN • ��',�11 5GALEn I"40'-0" 3■0I. ,I�LI� SHELFr L -�" LAUNDRY D ©I Q 1-- --- J SITE PLAJOHNSME�GERN RVEY BY caraocr ro.o. \ /— �'-b" DN — _— — — PECONIC SURVEYORS, P.G. UF �R I /I 11 \ I14M ER �_ LICENSED LAND SURVEYORS H IN HEATER I . I .�I r DATED 2-I-O5 • j• • - • , 'a L I,DN \ / E a•20 ZONING DATA: 1 ZONE R-40 LOT SIZE 24,313 S.F. EXISTING BUILDING 2,342.21 SF PROPOSED ADDITION 134.14 5F b III o PROPOSED LOT COVERAGE 2,416.35 5F = 10.1% in ryi GARAGE / I / I L _ I PROPOSED FIRST FLOOR PLAN L AIOI SCALE, I/4"=I'-O" projeotME I Preen MEAGHER RESIDENCE p11" ,,,, / – BLUE MARLIN DRIVE �e;ED.ARcy — I PROPOSED FIRST FLOOR 4 ° ` '2P %:'9,4%:-..h' - r' _�' �1r-- -'1�-I�� �= Thl.dnlg�mE play ar 2;•O I -II it -II II II II II�I�I n IL�IIG �IIG II II II I SITE PLAN Msdoterproparby l�.dcl«, ; a ' JJ� T7-- 9F 9F W 9F 9F 9F �F 9F == — = 11 11 ».1 aw,q IV,,: �`d 'i7o .aal. topfight nn nga.rn.rv.a, - �'g fA'V' AIOI JG I/4"=I'-O" ➢ONAL➢ ALBERTO, Architect, AIA �,. L1 r • 29'_2° a ThIs dnkp end plane w property el M. ay'y)T Job ra, dote ertl,ltmt.UaVewrood w a 'III b. :.L117b?,n✓;`°Qy 04-41 2-I5-OS ee wghlad Perm,Port. t.hbgto",w•Cork,now.5Ie-cn-IN4 pn.wtd to the MI."tnt�len, •" .. .`Np 66,_6„ f "h... .•.. Meagher, Declan 5698 Helenic Snack Bar 5699 Krause Family Trust 5700 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc G.\CCHORNY\ZONING\ZONING\WORKING\CHRISLD\APR\BR#11 APR • LOCATION MAILING ADDRESS H.LEE DENNISON BLDG -4TH FLOOR ■ P.O.BOX 6100 • (516) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (516) 853-4044 COUNTY OF SUFFOLK ittm r! I STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING May 31, 2005 Ms. Ruth Oliva, Chair Town of Southold ZBA 53095 Main Rd.—P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Stratigos, Helen 5459 Walker, Joann 5623 Moore, William&Patricia .5636 Kostoulas, Tony&Maria ;5646 Catapano,Karen 5656 Warns, Peter 5658 Armstrong, Whitney B. 5661 Schetman,Richard 5667 Kellc, Barbara 5670 Springsteel, Bernard 5674 Reeve,Foster; Kremer,Valerie '5678 Elwell, Roberta 5681 Gallager, John&Joy 5682 Scripps, Robert K. 5685 Papadopoulos, J. 5687 Kofinas, Geroge D. 5693 Tison, Don; Giardi, Diane 5695 Rubin,Reed &Jane, 5697 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (516)853-4044 /'/�/� -_-.- APPEALS BOARD MEMBERS ,��•p�*�F soup*ol _ Southold Town Hall Ruth D. Oliva,Chairwoman h p 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer ; * ; Southold,NY 11971-0959 Vincent Orlando vs ac Office Location: James Dinizio,Jr. ` yOQ ��1 Town Annex/First Floor,North Fork Bank Michael A. Simon ?I,yCOUrtrri 0°. 54375 Main Road(at Youngs Avenue) ;,.''' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 ZB Ref. 5698 - DECLAN MEAGHER Property Location: 750 Blue Marlin Drive, Southold CTM 57-1-29 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 24,313 sq. ft. parcel has 100 feet along Blue Marlin Drive, and is improved with a one-story frame house with attached garage and decks, as shown on the February 1, 2005 survey, revised February 22, 2005 by John Metzger. BASIS OF APPLICATION: Building Department's March 7, 2005 Notice of Disapproval, citing Section 100-239.4B, in its denial of an application for a building permit concerning a proposed swimming pool, for the reason that the new construction will be less than 75 feet from bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 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 a 16' by 32' swimming pool (without raised patio or deck), at 48.8 feet from the bulkhead, as shown on the 2/1/05 site plan prepared by Donald Alberto, A.I.A. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighbor- hood or a detriment to nearby properties. Variances were issued to a lot approximately 150 feet west of the applicant's property, with a 53 ft. setback from the bulkhead, and to a lot approximately 450 feet east of this property with a 52 ft. setback from the bulkhead. The alternative relief herein for a minimum of 52 ft. setback from the bulkhead will be consistent with the neighborhood. Page 2—May 12,2005 ZB Ref.5698—D. Meagher CTM ID: 57-1-29 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. To place the pool in the yard facing the street would prevent the enjoyment of the existing yard facing the waterfront, which yard is similarly enjoyed by others in the neighborhood. 3. The variance granted herein is not substantial inasmuch as the pool will be only slightly closer to the bulkhead and be smaller in area than the deck that it will replace. 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 proposed pool will not be visible from the street and will not significantly impact either adjacent neighbors. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 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 Simon, seconded by Member Dinizio, and duly carried, to DENY the variance as applied for, and to GRANT alternate relief at a minimum of 52 feet from the bulkhead with a design similar to that shown on the 2/1/05 site plan prepared by Donald Alberto, A.I.A., SUBJECT TO THE FOLLOWING CONDITION: That the new pool and patio construction be "open to the sky" 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 Oliva (Chairwoman), Orlando, Dinizio, and Simon. Member Goehringer was absent. This Resol ' n was duly adopted (4-0). &O. Ruth D. Oliva, Chairwoman 5gS/05 • Approved for Filing i 1 I ' f APPEALS BOARD MEMBERSI��'O�‘QF $0(/4y�l Southold Town Hall Ruth D. Oliva, Chairwoman 0 % NO 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer 1111 * Z Southold,NY 11971-0959 Vincent Orlando ik N Office Location: James Dinizio,Jr. `‘ ,O: -, Town Annex/First Floor,North Fork Bank Michael A. Simon �4 i�• -, 54375 Main Road(at Youngs Avenue) C-_„,; ,0 Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 27, 2005 Mr. Declan Meagher 750 Blue Marlin Drive Southold, NY 11971 Re: ZBA Ref. 5698 —Variance for Bulkhead Setback of Pool Dear Mr. Meagher: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its May 12, 2005 Meeting (at which you were present). Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination to the Building Department at the time of submitting any other documents, if necessary, during the final review step. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 5/27/05 to: , Building Department APPEALS BOARD MEMBERS '���O��tF $0jj71, Southold Town Hall Ruth D. Oliva,Chairwoman p 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer ; .411 4; Southold,NY 11971-0959 Vincent Orlando • t Office Location: James Dinizio,Jr. 4 COQ,' Town Annex/First Floor,North Fork Bank Michael A. Simon :�l'Kt i '��• 54375 Main Road(at Youngs Avenue) -,, 01°.°° Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 26, 2005 Mr. Thomas Isles, Director of Planning Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5698 (Declan Meagher) Action Requested: Swimming Pool; Bulkhead Setback Variance Within 500 feet of: ( ) State or County Road (x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures '11c J .. 4 OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda.Kowalski(d Town.Southold.ny.us Jayne.MartinaTown.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 TRANSMITTAL SHEET TO: i )0t o_/z q�i oA FROM: dao. 0 DATE: S/ o?O /2005 RE: 6---/ /a- /05 Agen-da-(er OA 6-4 ff--- MESSAGE: ()6 Correspondence or related attached regarding the above for your information, /t.1,4.-ca-La d ,j-- S '/os- 7gli- iYi__P__01', t-ete-14,1-0, Thank you. Pages attached: 02 . Page 1 of 1 0 ilL _, . . - o •, 1 . ' . : ue T art P . AERIALS ONLY 508-295-5551 (c) 'AV:?Il -141elk* :.- _ 75n (�LueFL 4T-' (ZS�7 M�4r2L11\1 15Lv ILIA-t2L. 1iv http://www.skypic.com/long/12-5224.jpg 3/18/2005 • 4. • �`q, 1 •-• _>1.L'-.�..- -.fir al:-:-aw WYL1A(L.. 11,...six sumo Illeammier 4110„.. + I Art �'yam•-r__�-`�-- -_ - � . Tam 10.4 SIP _4119P _ .� Alarlikr --_, Figure 1: SW Corner of Bulkhead looking east { • It a 'u' -' ,�/_r. # "4 ?SIF.{ _ _ nrr 1•0110161/11 911,9 _ _' 11 '^T/ - s_•v, iv. Figure 2: Looking north at existing house and deck.Pool location will be in area where deck is now and will end at left side of existing building.New screened porch will be in front of left window. r . • ai n. 111. 11 � ri 9r arr���° mR,�1Ti ..ate.._ Figure 3: Looking northwest with southeast end of pool stake visible at pot in center of photo and northeast stake on deck step.The existing deck(granted a variance in 1992)will be removed and pool is roughly the same distance from house and bulkhead as existing deck. Southwest corner of pool stake is visible on left side of photo. • � Y - N71 77-'` :1: IC 1101,4, 4.4 A - - 1115 • Figure 4: Looking northeast with first stake on left side at end of screened porch,second stake from house is edge of pool,third stake from house is south edge of pool. Bird bath is approximately in middle of pool at south edge and right stake is east end of pool.Two story house to right is 850 Blue Marlin Drive(Monteleone residence). • - 4 '-':-.-'•-'n. • ice _ Photo 5: Looking west at deck which will be removed and new porch would extend only six feet from house which is approximately 75% of size of existing upper deck. Lower deck is about half the size of proposed pool and end of pool would be slightly south of existing end of deck. 650 Blue Marlin Drive is in background (Bondarchuck residence). Note that the rear facade of this residence is south of the façade of the the subject and is closer to the water than the subject. • .T_ ,i,e ,%�'a ' � � �1e ,. -- " / - i, C r qr - : s j tM I� F� `� , ; LII I Ili 7A i�l - r alt . —•4 'i ~� �r IV, yen .+ r M t" Q!" ` ',,.Iv,:'�-� { .i Photo 6: This is photo of pool at 1250 Blue Marlin Drive which is same distance from bulkhead as proposed pool at 750 Blue Marlin.This pool is larger than the proposed pool at subject and is 5 houses east(500 feet)of the subject. Roof of 850 Blue Marlin can be seen behind the roof of gazebo at center of photo. • '4' 1; / • 5� ryg .1011 "Vi i ........,... lumum "fir- _ Photo 7: Looking east at end of porch(stake at left)and edge of pool at right stake. Note that proposed porch edge is setback considerably from existing porch in background. Foliage in rear will be retained and will buffer view from 850 Blue Marlin toward subject. 0 1 cr 1 MAU A. . ,,. . , iri „„„„,,,,„„0, i ..,., ... 404, 'F -.--,r I N 4 "'"1, 4" ii 1111itit --„,2#!+i3O I :I NI a • .r „ ,rte P,, ' Photo 8: Looking west toward 650 Blue Marlin with front of that house and deck significantly closer to water than the subject's facade. Pool would be in foreground with a new fence and foliage planted to buffer any views toward the proposed pool. Deck and railing in foreground would be removed. Y 17-7: Ir `J` '-z- },`' - Declan P. Meagher AIA APR 6 2005 750 Blue Marlin Drive Southold,NY 11971 jry 7"r;AL 31 March 2005 r Board of Appeals c-',-,,- _lsd- ' 0 j Town of Southold PO Box 1179 Southold,New York 11971-0951 RE: Construction at 750 Blue Marlin Drive and our request for a variance from Article XXIII, Section 100-239, Subsection 4B to add a screened porch and in ground pool in rear yard. Dear Board of Appeals, Please note I have attached seven copies of the NYSDEC Letter of Non Jurisdiction in the referenced matter, which I received yesterday. I also attach seven copies of a letter signed by the President of the Southold Shores Civic Association confirming his personal approval of the plans but indicating he is not taking a position on behalf of the Civic Association itself. As indicated in my letter to him of 28 February 2005, I understood that to be the case and just wanted to ensure that the Association received copies of my plans. I should also note for your information that I am the Vice President of the Civic Association and wanted to go out of my way to make sure all in the community were made aware of our proposed plans. It is also my understanding that our application is now on the calendar for the May 4th hearing. I appreciate your consideration of my request to get on this calendar and thank you all for your time and effort expended on the review and consideration of our application. If there is any more information we can provide to you, I would be happy to respond. Very truly yours, / I , e an P. Meag er AIA 516 317 8102 (cell) i 4 New York State Depar.. ._'nt of Environmental ConsE _ttion Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 • FAX: (631)444-0360 Website: www.dec.state.ny.us W Denise M.Sheehan Acting Commissioner LETTER OF NON JURISDICTION-ARTICLE 25 Declan Meagher March 25, 2005 57 Elm Sea Lane Manhasset,NY 11030 Re: Application#1-4738-00598/00003 Meagher Property, 750 Blue Marlin Drive, SCTM# 1000-57-1-29 Dear Mr. Meagher: Based on the information you have submitted the Depaituient of Environmental Conservation (DEC)has determined that all the property landward of the bulkhead, which is more than 100 feet in length, existed prior to August 20, 1977, and remains functional, is beyond Article 25 (Tidal Wetlands Act)jurisdiction. Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661)no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above,without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project(i.e. a 15'to 20'wide construction area) or erecting a temporary fence,barrier, or hale bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, Zeaa-ezit-- Mark Carrara Deputy Permit Administrator cc: Donald Alberto MHP file ? I Declan P. Meagher AIA 750 Blue Marlin Drive Southold,NY 11971 28 February 2005 Mr Thomas Maher, President Southold Shores Civic Association c/o 20 Beechwood Drive Glen Head,New York 11545 RE: Construction at 750 Blue Marlin Drive and the Board of Trustees meeting on March 23rd,2005 to review our request to construct a second floor addition, expand the first floor with a screened porch and open porch and add in ground pool in rear yard. Dear Tom, As per the attached formal notice of the Hearing, you have been officially notified as President of the Civic Association in compliance with the Town statutes as to the Trustees' meeting time and place. The Civic Association is being notified since the Association owns the land (the park) across from my property. As you know, I also sent an email to the other Officers of the Association as well as many members of the Association who have email-service, several of whom have already responded positively. However, I did want to demonstrate to the Board of Trustees that I sent you copies of the plans for construction. I acknowledge you can not make any recommendation on behalf of the Civic Association without a formal vote and meeting. I only ask you to countersign and return this letter to acknowledge that I have delivered plans to you and discussed them with you. I would make one comment on the plans for the benefit of the Civic Association and that is that we are requesting a setback variance to place a pool in our rear yard facing the water. Were we to place the pool in the front yard, we would need a variance for that as well but the pool would face the public park and I think the natural beauty of the park and the streetscape is better served with the pool behind the house. Otherwise, I think our plans have no negative impact on the Association members. You are under no obligation to countersign this letter so if you are uncomfortable with what I have indicated above or if you have other comments to offer to the Board either for or against the Plans, I would welcome those comments as well. Thanks in advance for your time and consideration of the above. = ly yours Dcl a� IA Mr Thomas Maher,President of Southold Shores,Civic Association‘Y. ,A41,_,:ty/f) A ,-,„„r. /-77. l/'� i"T•f�l �...�L , tam. �,, �, A. `—. �% Declan P.Meagher AIA 750 Blue Marlin Drive Southold,NY 11971 28 February 2005 Dr.Frank and Rosemary Monteleone 850 Blue Marlin Drive, Southold,NY-11971 c/o 15 Oak Lane Brookville,New York 11545 RE: Construction at 750 Blue Marlin Drive and the Board of Trustees meeting on March 23rd,2005 to review the Applicant's request to construct a second floor addition, expand the first floor with a screened porch and open porch and add an in ground pool in the rear yard. Dear Rosemary and Frank, I do not know if you will be able to make the referenced hearing before the Board of Trustees due to your travel plans and business engagements. As per the attached formal notice of the Hearing, you have been officially notified in compliance with the Town statutes as to the meeting time and place. However, I did want to demonstrate to the Board that Laura and I reviewed the plans for construction with you and accordingly request that you sign this letter below and send back to me so I can deliver to the Board of Trustees. I am under the impression that you had no objections to the Plans and ask you to countersign this letter only if you are in agreement with that position. - You are under no obligation to countersign this letter so if you are uncomfortable with what I have indicated above or if you have other comments to offer to the Board either for or against the Plans, I would welcome those comments as well. Thanks in advance for your time and consideration of the above. V • y yo ."s, Tan P. Mea: er AIA .4.1--eaf:IL -, D , and Rosemary Mont leone �,. Declan P. Meagher AIA 750 Blue Marlin Drive. Southold,NY 11971 28 February 2005 Mr Edward Bondarchuck 650 Blue Marlin Drive Southold,New York 11971 RE: Construction at 750 Blue Marlin Drive and the Board of Trustees meeting on March 23'1, 2005 to review the Applicant's request to construct a second floor addition, expand the first floor with a screened porch and open porch and add an in ground pool in the rear yard. Dear Ed, I do not know if you will be able to make the referenced hearing before the Board of Trustees due to your travel plans and business engagements. As per the attached formal notice of the Hearing, you have been officially notified in compliance with the Town statutes as to the meeting time and place. However, I did want to demonstrate to the Board that Laura and I reviewed the plans for construction with you and accordingly request that you sign this letter below and send back to me so I can deliver to the Board of Trustees. I am under the impression that you had no objections to the Plans and ask you to countersign this letter only if you are in - agreement with that position. You are under no obligation to countersign this letter so if you are uncomfortable with what I have indicated above or if you have other comments to offer to the Board either for or against the Plans, I would welcome those comments as well. Thanks in advance for your time and consideration of the above. V-r N s ., i an P. Meagher AIA C ' Edwar Bondarchuck decm@optonline.net To: "Bayles,Don, Doris"<dbaylesl@optonline.net>,"Maher,Tom, 02/28/2005 02:04 PM Maryanne"<tomfm@earthlink.net>, m wilson_usa@yahoo.com cc: "Alberto, Donald"<albertodonald@yahoo.com>, "Beaugard,Carol, "° Edouard"<carolbeaugard@optonline.net>,"Bondarchuk,Ed" <EJBondar@aol.com>, "Hymans, Barbara,Don" <dhymans@bakerlinen.com>,"Wieczorek, Robert" <wieczore@optonline.net>,"meagher,declan" <declan.meagher@kbc.be>,epb_cjb@yahoo.com, joandileone@aol.com,anagerke@aol.com,bhymans@sprynet.com, mjmainsail@aol.com,"radio wzhfm"@aol.com,ggpepper@aol.com Subject: Meagher Residence alterations at 750 Blue Marlin Drive Dear President and Officers of the Southold Shores Association, I am writing to you and the members of the Association (for those of whom I have an email address) to inform you that I have filed an application with the Town to alter my residence at 750 Blue Marlin Drive. I am writing as a courtesy to all the Association members but will also be sending a registered notice to the President of the Association, informing the Association that my application will be heard by the Town Board of Trustees at their next meeting on March 23, 2005 at approximately 700PM at the Town Hall. Together with our neighbor and architect, Don Alberto AIA (who owns the house at 415 Blue Marlin) , Laura and I are planning to expand the house by adding a second floor to the existing one story residence. We are not expanding the ground floor footprint at all and will not be encroaching on any existing side lot line. We are not adding any bedrooms either though we are moving the bedrooms to the upper floor. We need to apply to the Town Trustees because we are planning to add a six foot porch, partially screened, on the rear (water side) of the house as well as an in ground swimming pool on the rear side of the house. From the street, no improvements or changes will be visible except for the second floor addition. Don, Laura and I have designed the house to be completely compatible with existing homes in the area and I believe the improvements will be all but negligible to our fellow residents in the Association. We have discussed the plans with our immediate neighbors,the Monteleone s and Ed Bondarchuk, and we have shown the plans to the Monteleones who are supportive of the changes. Ed is aware of our plans but has not yet seen the plans but will in the coming week and I expect he also will be satisfied with the design. If any of the Association members have any questions, please feel free to contact either Laura or myself at 516 883 2149, or my work at 212 541 0778 , or email me at this address. We will work to ensure that the improvements pose as small an impact as possible on our fellow residents. Very truly yours, Declan P Meagher AIA Laura Meagher f -decm.vcf Page 1 of 2 From RWieczorek<wieczoreCcr7optonline.net> Sent Monday, February 28, 2005 4:54 pm To decmna.optonline.net Cc Bcc Subject RE: Meagher Residence alterations at 750 Blue Marlin Drive Print E-mail Sounds good to us....keep enhancing the values in the neighborhood. Good luck. Bob —Original Message-- From:decm@optonline.net[decnnaoptonline.net] Sent: Monday, February 28,2005,2:05 PM To: Bayles, Don, Doris; Maher,Tom, Maryanne ; m wilson_usa@yahoo.com Cc:Alberto, Donald; Beaugard, Carol, Edouard ; Bondarchuk, Ed; Hymans, Barbara, Don ;Wieczorek, Robert; meagher,declan; epb_cjb@yahoo.com; joandileone@aol.com; anagerke@aol.com; bhymans@sprynet.com; mjmainsail@aol.com; "radio wzhfm"@aol.com; ggpepper@aol.com Subject: Meagher Residence alterations at 750 Blue Marlin Drive Dear President and Officers of the Southold Shores Association, I am writing to you and the members of the Association (for those of whom I have an email address)to inform you that I have filed an application with the Town to alter my residence at 750 Blue Marlin Drive. I am writing as a courtesy to all the Association members but will also be sending a registered notice to the President of the Association, informing the Association that my application will be heard by the Town Board of Trustees at their next meeting on March 23, 2005 at approximately 700PM at the Town Hall. ' Together with our neighbor and architect, Don Alberto AIA(who owns the house at 415 Blue Marlin), Laura and I are planning to expand the house by adding a second floor to the existing one story residence.We are not expanding the ground floor footprint at all and will not be encroaching on any existing side lot line.We are not adding any bedrooms either though we are moving the bedrooms to the upper floor.We need to apply to the Town Trustees because we are planning to add a six foot porch, partially screened, on the rear(water side) of the house as well as an in ground swimming pool on the rear side of the house. From the street, no improvements or changes will be visible except for the second floor addition. Don, Laura and I have designed the house to be completely compatible with existing homes in the area and I believe the improvements will be all but negligible to our fellow residents in the Association.We have discussed the plans with our immediate neighbors,the Monteleone s and Ed Bondarchuk, and we have shown the plans to the Monteleones who are • supportive of the changes. Ed is aware of our plans but has not yet seen the plans but will in the coming week and I expect he also will be satisfied with the design. If any of the Association members have any questions, please feel free to contact either Laura or myself at 516 883 2149, or my work at 212 541 0778 , or email me at this address.We will work to ensure that the improvements pose as small an impact as possible on our fellow residents. Very truly yours, Declan P Meagher AIA haps://webmail.optonline.net/frame.html?rtfPossible=true&lane=en 3/1/2005 Page 1 of 2 From Don Hymans<DHymans@bakerlinen.com> Sent Monday, February 28, 2005 4:14 pm To decm0.optonline.net Cc Bcc Subject RE: Meagher Residence alterations at 750 Blue Marlin Drive Print E-mail Attachments vCard(decm) 1K Hard to imagine that with a foot of snow on the way, you are planning construction but--- happy building. Sounds like a great plan. By the way,good luck with the planning board. Hope you don't have any trouble. Four more months until summer! ! ! ----Original Message--- From decm@optonline.net Date Mon, 28 Feb 2005 14:04:46-0500 "Bayles, Don, Doris"<dbaylesl @optonline.net>, "Maher,Tom, Maryanne"<tomfm@earthlink.net>, To m_wilson_usa@yahoo.com "Alberto, Donald"<albertodonald@yahoo.com>, "Beaugard, Carol, Edouard " <carolbeaugard@optonline.net>, "Bondarchuk, Ed"<EJBondar@aol.com>, Don Hymans Cc<DHymans@bakerlinen.com>, "Wieczorek, Robert"<wieczore@optonline.net>, "meagher,declan" <declan.meagher@kbc.be>, epb_cjb@yahoo.com,joandileone@aol.com, anagerke@aol.com, bhymans@sprynet.com, mjmainsail@aol.com, "radio wzhfm"@aol.com, ggpepper@aol.com Subject Meagher Residence alterations at 750 Blue Marlin Drive Dear President and Officers of the Southold Shores Association, I am writing to you and the members of the Association (for those of whom I have an email address)to inform you that I have filed an application with the Town to alter my residence at 750 Blue Marlin Drive. I am writing as a courtesy to all the Association members but will also be sending a registered notice to the President of the Association, informing the Association that my application will be heard by the Town Board of Trustees at their next meeting on March 23, 2005 at approximately 700PM at the Town Hall. Together with our neighbor and architect, Don Alberto AIA(who owns the house at 415 Blue Marlin), Laura and I are planning to expand the house by adding a second floor to the existing one story residence. We are not expanding the ground floor footprint at all and will not be encroaching on any existing side lot line. We are not adding any bedrooms either though we are moving the bedrooms to the upper floor.We need to apply to the Town Trustees because we are planning to add a six foot porch, partially screened, on the rear(water side) of the house as well as an in ground swimming pool on the rear side of the house. From the street, no improvements or changes will be visible except for the second floor addition. Don, Laura and I have designed the house to be completely compatible with existing homes in the area and I believe the improvements will be all but negligible to our fellow residents in the Association.We have discussed the plans with our immediate neighbors,the Monteleone s and Ed Bondarchuk,and we have shown the plans to the Monteleones who are supportive of the changes. Ed is aware of our plans but has not yet seen the plans but will in the coming week and I expect he also will be satisfied with the design. If any of the Association members have any questions, please feel free to contact either Laura or myself at 516 883 2149, or my work at 212 541 0778, or email me at this address.We will work to ensure that the https://webmail.optonline.net/frame.html?rtfPossible=true&lane=en 3/1/2005 Page 1 of 1 • From "Eunice..Ciff Benfield"<epb cjb(a)yahoo.com> Sent Thursday, March 3, 2005 10:19 am To decmoptonline.net c� Cc Bcc Subject Re: Meagher Residence alterations at 750 Blue Marlin Drive Print E-mail Thank you for the courtesy of informing us of your building plans. We wish you well with your endeavors. Regards, Cliff and Eunice Benfield(50 Blue Marlin Dr.) decm@opfonline.nef wrote: Dear President and Officers of the Southold Shores Association, I am writing to you and the members of the Association (for those of whom I have an email address)to inform you that I have filed an application with the Town to alter my residence at 750 Blue Marlin Drive. I am writing as a courtesy to all the Association members but will also be sending a registered notice to the President of the Association, informing the Association that my application will be heard by the Town Board of Trustees at their next meeting on March 23, 2005 at approximately 700PM at the Town Hall. Together with our neighbor and architect, Don Alberto AIA(who owns the house at 415 Blue Marlin), Laura and I are planning to expand the house by adding a second floor to the existing one story residence. We are not expanding the ground floor footprint at all and will not be encroaching on any existing side lot line.We are not adding any bedrooms either though we are moving the bedrooms to the upper floor.We need to apply to the Town Trustees because we are planning to add a six foot porch, partially screened, on the rear(water side)of the house as well as an in ground swimming pool on the rear side of the house. From the street, no improvements or changes will be visible except for the second floor addition. Don, Laura and I have designed the house to be completely compatible with existing homes in the area and I believe the improvements will be all but negligible to our fellow residents in the Association. We,have discussed the plans with our immediate neighbors,the Monteleone s and Ed Bondarchuk, and we have shown the plans to the Monteleones who are supportive of the changes. Ed is aware of our plans but has not yet seen the plans but will in the coming week and I expect he also will be satisfied with the design. If any of the Association members have any questions, please feel free to contact either Laura or myself at 516 883 2149, or my work at 212 541 0778 , or email me at this address.We will work to ensure that the improvements pose as small an impact as possible on our fellow residents. Very truly yours, Declan P Meagher AIA Laura Meagher begin:vcard n:meagher;declan fn:declan meagher version:2.1 email;internet:decm@optonline.net end:vcard Celebrate Yahoo!'s 10th Birthday! Yahoo! Netrospective: 100 Moments of the Web https://webmail.optonline.net/frame.httnl?rtfPossible=true&lang=en 3/3/2005 Page 1 of 1 From Mjmainsail( aol.com Sent Thursday, March 3, 2005 12:18 pm To decm@optonline.net Cc Bcc Subject Re: Meagher Residence alterations at 750 Blue Marlin Drive Print E-mail Laura and Dec, Your plans sound wonderful. I do not know why anyone would have a problem with it. We wish you the best, it sounds like you plan to settle here.That would be great!You will love it. Marion and Jim Maino • • https://webmail.optonline.net/frame.html?rtfPossible=true&lang=en 3/3/2005 • • _ - -• .n', •.. •,y,t. - - , :(Yf ...:53:4147..1S,-1••:;'-'1. ''•iF•b.'!✓ .y l .` :r .•.. 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Y -z , r a ; C8) I 9 SU�VBY.<!> :OIL 7 • 1 1 PoBE-cr , S 20 ri-i 5. :' ELL., y` far.ji‘ I • Scale : SO *:: I " . 1t—.. . • - - _ '1 3 •Q Gr1arO e7r1tead ) Cairiertorlwevl!-.7 Land rifle • rid '- f- ..ry,/,: /e4. � irrsura(rce Co. a s .sarveyed Jane 1::, 1992. Q; `) _,�_ � . 1.1 ,zode rick vael re/yi, R. C C. _ : v` Lic' ert.s(fd 4,0e-pi Secirv.ycrs 1I areerl/2orZ; .cI_ V. �, -. • __ r • .-. -.-r•_ -•t,4-.•-PTB,-e-•qt, R /0 0 c.J ,.1J , –Iccotion itr.Y. -,'.f.,,-!r' F1't7.11 4 J,4I• filen'. it CI' r!.'e:.J Iric7� I G'e- georJrc+n.-4oc rot b-•i'••} J / ! /�F��� i, 'c yyst Inked e•� I m /'� 6j/\ s-.`�-�.)E s±M Shall not be oonsid-r-si ,� i•.V Al/ C.- B a Y �; E(gg4/'`61;1 •1'O�\ to ben valid true copy. .44'?‘: ' G ;1� Cu�rrnt. ln�r.-•�hereon c':!1 r•';! 0.?w;�.l}t v. , en'to t'n person toe wr'-.'`.1:-,3,---,-,- - ti. 11. r- k .:r d.and onNsbeh4'tot•t r �"7--•- •._,i, i;f- : , t e--r^3nY.8^t!f*le...�nt^1 •r'Y ••� jllf:-?.L aoar1 /.7.Y ?c2r.:41' 1000 -S1-1- Z� ‘0,,.., 2 •'jt�co �Ol t ,: ha"onli.;:h^^:n 3 \ S 25� 1 -r c-.•-re net r -• :'•'•b tti1 I=I/bc SAO LAPIDS.., -.' , :-ai^st;:ut,onso:aut.v„t,.anl 03/01/2005 13:45 5168832771 PAGE 01 '12.1M 10•�.� -AI no 4137. --?ma nu SPECIALTIES OF LI • 1 • NEUROLOGICAL SPECIALTIES OF LONG ISLAND,t L.P. • IRWIN D,SCDLESTNGER,Ma..F.A.G.P. ITZHAIC C.RAIMOVIC,M.D. L AURENCE D.HABER,M.D. ABRAHAM M.GLASMAN,M.D. ADENA N.LEDER,D.O. 170 GREAT NECK ROAD GREAT NECK,NY,11021 EVOKED POTENTIALS ELBCTROMYOQI�� ELBCTROENCEPHALOGRAPRY CAROTID DUPLEX Telephone 51641174464 FAX S16-437-4960 March 18,2005 Re: Laura Meagher Id: 536316 To Whom It May Concern: The above named patient to under my neurological care for lumbar radiculopathy. 1 advise the patient to do aquatic excercises for the lower back. This would allow the patient to improve her mobility. If you have further questions,please contact the office. Sincerely, \ Itzhak . ti- Vic'M.D. TOWN OF SOUTHOLD BUILDING FT"'VIII APPLICATION CHECKLIST BUILDING DEPARTMENT _ Do yc ✓e or need the following,before applying? TOWN_HALL ._ Board of Health . SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration - ,20 ti T Building Inspector APPLICATION FOR BUILDING PERMIT Date f ,W , 2001 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. , c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ''(Signature of appli•49t or name,if a corporation) 76 ,&tz (Mailing address of applicant)Q git9 C)77464-Di � l / / State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder O Name of owner of premises ®6c49 L/9 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate,officer) — -- -Builders License No.. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 7ST) /3z...1/6- L/iL' ,D/L, c/'o 07h/2941) House Number Street Hamlet County Tax Map No. 1000 Section 57 Block / Lot -2-? ' Subdivision sap 1 /f-/pc-ig <AW is Filed Map No. Lot (Name) 2. State existing use and occupancy of premises'and.intended use and occupancy of proposed construction: - a. Existing use and occupancy (/114- , 5 /L y b. Intended use and occupancy T//1/6-t.,6/Wiz., // 3. Nature of work(check which applicable): New Building Addition ✓ Alteration L---/ Repair Removal Demolition Other Work POD c (Description) 4. Estimated Cost 'S0 DOD Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units ( Numer of dwelling units on each floor If garage, number of cars o2 r 'eXiS .xx J 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Cod'- Rear 6'2 Depth 2 Height /7 Number of Stories / Dimensions o ,same structure with alterations or additions: Front 2-- Rear ca'" Depth 2d Height 2g 7"0 R 146 E Number of Stories .2, 8. Dimensions of entire new construction: Front , 2 Rear 6 2 Depth 2 f Height '2 R-/P6-6" Number of Stories 2 9. Size of lot: Front /00- Rear /OV- Depth 01- ``Z( Z 10. Date of Purchase 9/15/Z690 Name of Former Owner, /L`7-L•� /O/C/ /<e2-2-177/ 11. Zone or use district in which premises are situated - f0 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ✓ NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO Dearni,71- uraCv/.u-/ 3/ 765-q62 14. Names of Owner of premisesL # M646-/-- £� Address75O ,eve d`>ve "4 hone Name of Architect tiON/ttt /h./Rae-J-0 Address ,,,f zVi s �uvJ Phone No .r-7 to -fen-12-57)i Name of Contractor Address /O Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. - b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) ./ke--<-44/ being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the •/�/2 _ - f (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn before me this da ofj - 20 0 6 2k. ,iff,e Notary Public Signature of . im Aps.of ant IRENE M.FARRELL Notary Pubiie,Stare of New York Na 41.411055 Qualified in Queens County -- Commission Expires November avg.,/ Declan P. Meagher AIA 750 Blue Marlin Drive Southold,NY 11971 18 March 2005 Board of Appeals b d 1 ) Town of Southold ,� OS -" PO Box 1179 ' 3�� 1 Southold,New York 11971-0951 RE: Construction at 750 Blue Marlin Drive and our request for a variance from Article XXIII, Section 100-239, Subsection 4B to add a screened porch and in ground pool in rear yard. Dear Board of Appeals, In compliance with your instructions for a Variance Application,please be advised I enclose the following seven collated sets of documents and original forms with signatures on top: A. Notice of Disapproval and related documents. B. Signed and Notarized Application for Variance. C. New Survey(February 1,2005) as well as existing past surveys (December 4,1970 and June 15,1992). D. Building Plans and Elevations. E. Color Photos of staked areas and additional views relevant to this Application, including aerial photo of Blue Marlin Drive area. F. Environmental Assessment Forms (though probably not required). G. Town Property Card. H. Check for payment of Fee to the Town. I. Additional Information related to the Board's consideration of the application, including letters of consent from adjacent property owners at 650 Blue Marlin Drive(E. Bondarchuk) and 850 Blue Marlin Drive (Dr F Monteleone), and correspondence with the local Southold Shores Civic Association related to their parcel across from the subject. J. Letter from Laura Meagher's neuorologist attesting to Laura's lumbar condition and recommended aquatic treatment for same. Very truly yours eclan P. Mea: r AIA �`� 516 317 8102 (cell) FORM NO. 3 bt)iorie "`'' NOTICE OF DISAPPROVAL --�i' at DATE: March 7, 2005 TO: Donald Alberto A/C Meagher 68 Highland Avenue Port Washington,NY 11050 Please take notice that your application dated March 3, 2005 For permit to construct additions and alterations to an existing single family dwelling and construction of an accessory in ground swimming pool at Location of property: 750 Blue Marlin Drive, Southold,NY County Tax Map No. 1000 - Section 57 Block 1 Lot 29 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming parcel in the R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposedin-ground swimming pool is noted as being 48.87 feet from the existing wood bulkhead. i, Authorized Signa re CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. • IV'11,41 ns.l?tUO.7n::.i...!l•. -:- QINA9 I' E' . 1,J---y i•ra:iE uu._;t.'-::•,.,.- -_t �Y �iT!,.._....40,), &z -f-LX- Qoo/ i IP.'.1 e'd )`'.6.f 4'..'/JD C';.) 7'ii1-.r� '.,Cr: . q.)4 uvpue �E17 9j (( 11 \� -J it-/=t�. Y,..v„_:,Irv,J0:,uoudd U-4:u i.,ua 7 4'''�'v a i,{ C *. 1.2....11,7..0uowby pe.c;:yuj sb:4uJJ;n;) -,L ' L •>,`-' -'1 •Bdoo emu ptE3P.t oR 01 \\ �b/1 )D' yr A g 7 1 r�, '••) ' }�.l: stwo sq fou 111210 11.0$p.,,,.c:.:s �i•;. / n.r. , x Ec:c W)All Jonr.vts r•:.t Cyt M l..�,..q 3u.1..�ta nb.V+.a brei:}•:.1,,J3 t''t'!+l ?.': / .) !•''e -- � I ..s. 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SUB. / LOT ct man �L�:�t"�,�M�t. -r'.BL UE l`f��,���� �� r�fP -i:L ez e, _4ri-, ..4-el .." r(1---,Xw:�t, F ER E OW )Lei N E ACR. RM -c c Q— (i(I',,d-h-e T S W TYPE OF BUILDING • 'Ie`'° /, it r/to ..-V^. "", : S. rc1/a SEAS. - VL. - FARM COMM. CB. MISC. - Mkt. Value - ," 1 W'^r. ...,'� LAND IMP. TOTAL DATE REMARKS "M r / 0 / .� a C7, 3/ 7/4. ;. ,, 6 -,f'' ��r i� . ii b -� 1 a,} ,4614 7;,P4,4:.. ,��to-,._f r T42.: 'J p J 1r 7 6 a . 2 766 /:///fR/4 /I-4, • : , /6`, 7;-- / 6' ; ,R: . , Yrs 6 0 /SO' 6 . Y-J'a O ?e) / / —L. i/5O7 1 — Lund ber3to Kelley- 44&2 oma_ 804 glJO 9/ o6 // // /7t Io faCopal - SP 41047 • ea kiS.-, brc. +0cfAc.t, s ; ` 0 . . :. � . . 6-goo 42 ®m 001??- . 12.4?pO -L 2070-, 5� ,- Si i i S .' I f?) AGE - - BUILDING CONDITION NEW NORMAL - BELOW ABOVE - .. FARM Acre Value Per , Value e Acre ' - - . illable 1 ' illable 2 - - . illable 3 _. 4 - foodland - ' - . Nampland • FRONTAGE ON WATER • 0 di _ Sec 0' r f rushland - ' - FRONTAGE ON ROAD , D ,O ouse Plot , ' DEPTH g y 1 1 , • e. + BULKHEAD - S � ' °is a" , 'otal - DOCK /1 ._i, •, I Imiiiiimilm# s 4,-t \ I: - \iV(' ,,ovi leAl 40 _47:11 i',i'! i i - - 1 ',"I -- ' --- ,I)0e' '5)ff"'''',10't.„.-'t-z4" '..---- -N ' COLOR 1 __ . ., I ' •-., p.,, :?,,/,..„-::..1- 1 1 I - ' 'W.. APP.-1-- -- ;PAO* I 1 . ,...... II allW' a' All '"11111ral 0 '-.• .‘ i iab*.4,10, urii.i 2.--,- Wo6dJ1/2/ ' , 35 • — 1 1 2-2-1L 1 . .6 X 2,4 - g," _ , 34)01 I 43, i 4 TRIM _ : ,..p4a,. ( • i .1.1?. l •-7•• '‘i,-•:`..,, ::. 7 - . ,t -- c _,it•• ,. 3- - . • 9 - 21, . _ ,_,,, -,,,_y_,:z-74 ----- __•-,_, - • - A.,.9 x Lti• _ _ _ _ .. . - . _ 1 d 2. y 5.7?5"-- undation /A,R, Bath f– ##,2 3 Dinette VIZ/ 26 X -: 702-61— + K. L__ _ at ed-gatri 2,4 ,t/g2_g - 6,4 /4>g I> J', (LC - Basement Pi)4-L"'" Floors , ,IG 4 ., I Ext. Walls / s• 1.../ etton 2 2_y7.2. -)_e,yi 4-hr, Wo Olv dec Interior Finish ,f,-/„., ,A4,,,, LR. Extension Fire Place dO : Heat ELEC-te-eytt DR. / - ' Type Roof C4-4.46 A Rooms 1st Floor BR. — { FIN. B. 1 PAP% 5.° 2 Aion DormerecreatRoom Rooms 2nd Floor i Nef A R . 2=1314-4- 1(4 (q2- Y 2-: .1.`5:? V 2R4for I 16II— co • 9, N c viz- I.S2.),..) Breezeway Driveway - , Garage 2_7 sc x q -= C ?6 /,.e i o C 9.6 ../ Patio , O. B. . -- , ' .... Total •,,,, ----,., , . --.., 2 11 1 0...) ,_ -----4. f , E1, +A to Ea QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes VNo B. Are there any proposals to change or alter land contours? ❑YesNo C. 1)Are there any areas that contain wetland grasses? N0 2)Are the wetland areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building area? 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: D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (J 0 E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO (Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) 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 map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel 5(N6 Lam—F404 1 LI( and proposed use rj(yV 6(me.- FA 0-t , icy - 1 -- (examples: existing: single-fami ; proposed: same with garage.) �' /( f e / Aut zedSignature and e 2/05 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ' M - pe (Last name,first name,mildle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance - Variance • - Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO .✓ If 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 that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all-that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director,partner,or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 4 day of _,,e• Signature: / ; , Print Name: / • 14.16-4(9195)—Text 12 , PROJECT I.D. NUMBER 617.20 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM 1 ' For UNLISTED ACTIONS Only ,PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) • 1. APPLICANT/SPONSOR 2. PROJECT NAME `)P,-6 f4r -6Nom- 75-0 k_) ,pa l 3. PROJECT LOCATION: Municipality t0 Li 1 0 ( -iD County (r'4 F D (JK- 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) . 5. IS PROPOSED ACT OONN: • 0 New LtiJExpansion 0 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: C-o nJ T t2.) O rJJ & ev e_c>& 4J fl f' 1 O f if rAl'P'to F) ,4A. D 1 k rLOU lJ ) 1680 L., (A.efr ft ( 51 2- T. T. AMOUNT OF LAND AFFECTED: Initially 0°560 acres Ultimately 0€ �(1, acres 8. WILL PROPOSEDDAA TION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes 11M No If No,describe briefly ri 1/A- lAil)Gg. fog. I .M A-bD ,TiO,v ,4-,J0 Pea L- I S i°6-45k) I t o f r-oti4 P o GUN op SO ti-T1-1-0 c4) 00•440 ©p Pee Ls 9. WILAyS PRESENT LAND USE IN VICINITY OF PROJECT? LE-Residential 0 Industrial 0 Commercial 0 Agriculture' 0 Park/Forest/Open space 0 Other Describe: e-(4-0 41/Q66414. ILA( Pat) g_ 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? ❑YesNo If yes,list agency(s)and permit/approvals 11, DOES ANY A•• OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑YesNo If yes,list agency name and permit/approval • 12. AS A RESULT OF POSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ❑Yes PNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: /GP/MV- A/� til > -6/y� ..---• Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER ,Y! • PART If—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 4'1 If yes.coordinate the review process and use the FULL EAT , No B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 If Nc a negative declaration. may be Superseded by another involved agency Yes -No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING. (Ar=wers may oe handwritten, if tegiblel Cl Existing air quality. surface or groundwater quality or quantity. noise levels, existing traffic patterns, solid waste production or disposal potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural archaeological, historic,or other natural or cultural resources,or community or neighborhood character's Explain briefly- C3. rieflyCJ. Vegetation or fauna. fish. snellf sh or wildlife species.significant habitats.or threatened or endangered species? Explain briefly C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly C5 Growth. subsequent development, or related activities likely to be induced by the proposed actions Explain briefly. C6 Long term,short term, cumulative, or other effects not identified in Cl-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT OF A CEA? Yes ❑No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? LJ Yes 0 No It Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility;(e) geographic scope; and(t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If . question D of Part II was checked yes, the determination and significance must evaluate the potential.impact of the proposed action on the environmental characteristics of the CEA. 0 Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. • 0 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 AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(It different from responsible otticer) Date 2 ��®F sour,,® ELIZABETH A.NEVILLE t'�® lQ Town Hall, 53095 Main Road TOWN CLERK 41 41 P.O. Box 1179 REGISTRAR OF VITAL STATISTICS c/� Southold, New York 11971 MARRIAGE OFFICER `` �� /�' Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER . O! ' ��� Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER �c®U ,`v �� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 28, 2005 RE: Zoning Appeal No. 5698 Transmitted herewith is Zoning Appeals No. 5698 - Declan P. Meagher- Zoning Board of Appeals application for variance. Also included is Application to Zoning Board of Appeals; Area Variance reasons (three pages); project description; Zoning Board of Appeals questionnaire; applicant transactional disclosure form; notice of disapproval dated March 7, 2005;map of lot(four copies);building permit application; letter from Declan Meagher detailing enclosures; survey of property;nine color photos; short environmental assessment form; property record card; letter to Frank and Rosemary Monteleone from Declan Meagher dated February 28, 2005; letter to Edward Bondarchuck from Declan Meagher dated February 28, 2005; letter from Declan Meagher to the president and officers of the Southold Shores Association dated February 28, 2005 (five pages); letter from Dr. Itzhak Haimovic regarding Laura Meagher dated March 18, 2005 and proposed plans (four pages). ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Applications and Checks for Processing) DATE: 3/24/05 ZBA# NAME CHECK# AMOUNT TC ` �� 'SratiP MAR 2 5 2005 5698 MEAGHER, DECLAN P. 3549 $150 $.4ilthoia own Clerk GIANNARIS, JOHN and MAR 2 5 2005 5699 HELLENIC CABINS & 3241 $400 ° SNACK BAR, INC. 5(-`.With • Id n Clerk TOTAL $550 By LK Thank you. Town Of Southold P.O Box 1179 ' Southold, NY 11971 * * * RECEIPT * * * Date: 03/25/05 Receipt#: 3549 Transaction(s): Reference Subtotal 1 1 Application Fees 5698 $150.00 Check#: 3549 Total Paid: $150.00 Name: Meagher, Declan 57 Elm Sea Lane Manhasset, NY 11030 Clerk ID: BONN IED Internal ID:5698 U.S. Postal ServiceTM CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) D For delivery information visit our website at www.usps.com® . ., I PNAL USE Postage $ 0.37 UNIT ID: 0041 m Certified Fee D Postmark , D Return Receipt Fee Here (Endorsement Required) 1.75 D Restricted Delivery Fee U (Endorsement Required) Clerk.. KY63S5 Total Postage&Fees $ 4.42 04/?1/05 CI sent lU1C _a�'_4_,z1_ ioty RC1 i eefOi� o`trPO' O Apt. o. f 'Ag. �G or PO/kB��orprwrorrineywe ex No. Crh Lr/ 4 � i ' _ -/ `/ r • U 11 U.S. Postal Service,. CERTIFIED IMAILTM RECEIPT �- •(Domestic Mail Only;,No Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.coma —0 satW pSE 01 ,19 - L1 Postage $ 0.37 UNIT ID: 0041 rt 1 Certified Fee Return Receipt Fee 2.30 Postma,-k (Endorsement Required) 1.75 Here l7 Restricted Delivery Fee 0"' (Endorsement Required) Clerk. KY6365 co Total Postage&Fees $ 4.42 04/21/05 Sent o It or , rPOBox No. $ e/Ue ZAtt�A, �v ✓�` City State IP+46.,T61.6 Lite US. Postal ServIceTM r- CERTIFIED MAIL. RECEIPT • (Domestic Mail only;No Insurance Coverage Provided) For delivery,infornjatiOn visit our'website at www.usps.conu 41F [i(r) _6113450,401_44.ut fF. [ AL USE Postage $ 0.37 UNIT IN 0041 m Certified Fee I=1 2.30 Postmark ci Return Receipt Fee (Endorsement Required) 1.75 Here 1=1 Restncted Delivery Fee IT" (Endorsement Required) Clerk: KY63S5 ro RJ Total Postage&Fees $ 4.42 04/21/05 1=1 Sent To A-c/e ?72145 Iii.41-1-4e- r- Street,Apt.No.; or PO Box No 0,0 Ag,tgai£4400d City,StO2fle/Az • . • , II j41 I ": COMPLETE THIS SECTION <K•lfi► {Warr:11:14xNrrc.efelfflP1ur#:;<- ■ Complete items 1,2,and 3.Also complete A. Signature O NY item 4 if Restricted Delivery is desired. "•- • Print your name and address on the reverse adAd. •e so that we can return the card to you. B. Received by(Printed Name)—I C. [tafeWD=livery • Attach this card to the back of the mailpiece, /r or on the front if space permits. D. Is delivery address different frprr' m 1? ❑Ye c3 1. Ard cle Addressed to: If YES,enter delivery address'below. Eco /3LU/ A ex}() Av //TV 3. Service Type • ❑Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise J=]Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) b Yes 2. Article Number (Transfer from servicelabeq 7004 2890 0003 5964 0494 PS Form 3811,February 2064 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • rte, -(ofd -7 0Z e/ /V u!/VOK_ yamlal: • •3t[•7.7- •u• •L •k D 1.V 1Y • Complete items 1,2,and 3.Also complete A. 'ignatu >r - item 4 if Restricted Delivery is desired. O ❑Agent • Print your name and address on the reverse addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece„ or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Aite 77/07-44-5 D 6� / Oew €7 6.4,641/ 3. Service Type rtified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from servicelabeO 7004 2890 0003 5964 0487 _ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 11 11 I Fi t s Mail \ Ptae"e&Fees PPitNc • Sender: Please print your name, address, and ZIP+4 in thi ,11 p� 70-0 /6 vt 4-i - - d/ ._w/letea, , //q2/ Itttlludil►lttitul„tiisulhiA,1did,ttitlavihetl -ENDE ' COMPLETE THIS SECTION tilu1:1441 1;I1:144•11IWL•ATI•l41Pl4a' • Complete items 1,2,and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. Agent X • Print your name and address on the reverse < � J �❑A reasee so that we can return the card to you. B.Ii�ceivefjby(Pr Name) C. Dat of De(�ve • Attach this card to the back of the mailpiece, IE`/ Iv)))�n��Y e Urm. F1%A Lvl1 or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No 1110viC' 14- /q AlU�f 4€ z -'/C/ / D4k � fre-oveVatt, , 3. Service Type D I Certified Mail 0 Express Mail ❑Registered 0 Retum Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. A(Transfer nsferle umber 7004 2890 0003 5964 0470 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15 UNITED STATES POSTAL SERVICE F CJ II, _rC a\„� y� \ �, "°Firs_t Class Mai 11 Postage&F`ees Paid ca Y�I'� -LISPS __�_ v ---Pe7mit No"G=1fl—� �, , b x, " -- • Sender: Please prinf n> r}]arhe, address;andZij -Via-.0 0a--- ca "--2 'FD 04 L_-?_ _— it-14-76Z--1 \>> ,.+,, _312) N3-10 oU7?40 ‘--o /7/7 ( Declan P. Meagher AIA 750 Blue Marlin Drive Southold,NY 11971 21Apri12005 Board of Appeals Town of Southold PO Box 1179 Southold,New York 11971-0951 RE: Construction at 750 Blue Marlin Drive and our request for a variance from Article XXIII, Section 100-239, Subsection 4B to add a screened porch and in ground pool in rear yard. Dear Board of Appeals, Please note I have attached the Affidavit of Mailing with parcel numbers, names and addresses noted on the back of the Affidavit. I have sent the mailings with a Cover Letter and the Survey and Site Plan as directed. I have sent the letters to the addresses where I know the parties to which they are addressed will receive them. I followed the same procedure for my mailing of similar information for purposes of the Board of Trustees meeting in March. Please note I also enclose the Affidavit of Posting as required. I thank you for your time and effort expended on the review and consideration of our application. Very truly yours, -clan P. Meagher AIA 516 317 8102 (cell) s I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK X In the Matter of the Application of AFFIDAVIT OF bac-LA At 49_ fri eA a i-F ER- MAILINGS (Name of Applicants) CTM Parcel#1000- - ( - Z.9 X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Dl;GL- /4Biding at WO 6 L U - H AeL,f AJ Oi&i 1/€ v 0 t../71-(-0 L. ,New York,being duly sworn, depose and say that: On the So day of A i°f C, ,Zco 5: I personally mailed at the United States Post Office in FL.eu Do M ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current own s shown on the current assessment roll verified from the official records on file with the (Assessors, or( )County Real Property Office ,for every property which abuts and is across a public or prive street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sw m to befor me this •20 day of , r j I ,200 5 sLUAA, (22#1/Z.-- Irene14°taq'Public.Sate of New York No.41.49110SS (Notary Public) Commi on ualed in ons Coun Expireses�November 1,2 00-5 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. nLu cuiu. r6 NM-t- INt A 1 Oiw, s 1,o r IF-7- me , -7 --.e , a tvAfe-i> DA) te.GtUG(z- 50 Gu6- 'HA-K-1. 4A) Drat .atecoN tic-7l t C (.n r s 1 - l 30 pet 1 MULL D }mss .iMtf Mo c EL0'e gro c'u cift itAA J D v — r'uYelo 1-D ,ti w ( 1 t` Lai S 14-012,49 Giv um/ tbk ►2 . -T14-0H,4-9 fr( t D. JJT 2-0 lQ 6t, 46,4-D k f .!1 esiy,t AtoYlu!Aug ytEiA ??.061i►Z 16•.���' u l.,l..,t IS.I:im:m/1,1 001EAVI4finn fg $ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of AFFIDAVIT �� OF SIGN p�� `�✓ y POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 9-7 - I - X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, D ' aA' 4 /W? --residing at /CD IO L,V IfC- O o i i+0 L4 ,New York, being duly sworn, depose and say that: On the ZD day of r4-044. t— , Zeb rTpersonally placed the Town's official Poster,with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date,which hearing date was shown to be '1 Lf t( 5. (Signa ire) Sworn to before me this a j day of April ,20Q5 Irene M.Farrell Nanny Public.1 4911 SS York (� C c'��f recce ?2©05 - (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. e1DiiepaTnenis August 27, 2004 Zone:Limited Business. D Location of Property: . 680 Notice of Disappprov amended 1:20 PM PANAGIOTIS Mason, ri Cutchogue; CTM November 10, 200 li- KANARAS #5690. Request for the Town Law and Chapter 104-7 cant requests: a Lot Waiver under Section 100- of (Zoning),Code of Town 9:55 - ON TISON and a Waiver under Section 1�0-26 26 to unmerge properties 100(Zoning the deo the pub- DIANE GIARDI #5695. to unmerge properties referred referred to as CTM 1000-106-5- ofRequest for Reversal of the to as CTM 1000-78-6-9.2 and 32 and 1000-106-5-33. The lic hearings will be held by the Building Department's FebruaryA.3; SOUTHOLD TOWN BOARD properties have been held in SOFO APPEALS aOW 28,2005 Notice of Disapproval, Variances under Section 100- common ownership as noted in Hall, concerning a new second-story 32 for a reduction of CTM 1000- the Building Department's 53095 Main Road, P.O. Box addition which the Building 78-6-9.3 from 14,984+-sq.ft.to January 28, 2005 Notice of —1179, Southold, New York 4 Inspector states will constitute 13,500+- sq. ft., and increase of Disapproval and Section 100- 11971-0959, on Wednesday, an increase in the degree of non- CTM 1000-78-6-9.20from 6,098 25. Location of Property: 480 belowMay (20 5, at ooh thereafternotad` conformance at less than 35 feet sq.ft.to 7,500+-sq.ft.,resulting Ruth Road,Mattituck. possible): from front lot line, or alterna- from a proposed lot line change 1:30 PM JANET LARSEN 9:35 AM CLIFFORD tively a Variance under Sections in this R-40 Zone District(in the and CAROL WITSCHIEBEIN SCHR 9:35 ER, JR. #568D 100-242A and 100-244B, at 170 event the Waiver to unmerge is #5701. Request for Variances Request under Section 100-26 , Laurel Avenue, Southold; CTM granted). under Sections 100-242A and for a to unmerge CTM 56-3-4. 11:05 AM JOANN WALKER 100-244, based on the Building for a Waivere (vacant land) from 10:00 A.M. DONALD and #5623. This is a request for Department's March 18, 2005 CTM 70=8-9 (improved). Based SANDRA ANNINO #5663. Variances under Section" 100- Notice of Disapproval, for the the Inspector's Request for a Variance under 239.4b, based on the Building reason that the proposed addi- onNovember Buildingil 2004 Notice of Section 100-244, based on the Department's May 7, 2004 tions will constitute an increase Nisapproval,the have Building . Department's Notice of Disapproval, amended in the degree of nonconfor- Disa proval,the propertiesr Section lave December 1, 2004 Notice of May 20, 2004, September 17, mance with less than 15 feet 2e. Location under Property: 700 Disapproval concerning a pro- 2004, October 1, 2004, and minimum on a single side yard, and 800 Gardiner'sfPre Lane posed addition with alterations February 7, 2005, for proposed at 1000 Sound Beach Drive, Southold. at less than 50 feet from the rear additions (second-story addi- Mattituck; CTM 99-1-5. 9:40 AM AND JANE lot line,at 1400 Hiawathas Path, tion, swimming pool, and other 1:40 PM ANTHONY and RUBIN REED. Request a Southold; CTM 78-3-48. construction)at less than 75 feet DANIELLE CACIOPPO UBINunder Section lest 10:10 AM EUGENE AND from the bulkhead, at 290 Town #5486. Request for a Variance Variancebased on the Building100-3GEORGENE BOZZO #5668. Harbor Terrace, Southold; CTM under Section 100-244,based on Request for a Variance under 66-1-33. the Building Department's Department's March 21, 2005 Sections 100-242A and 100- 1:00 PM W. BRUCE and October 14, 2004 Notice of ..Notice of Disapproval, concern- 244B, based on the Building MARY ANN BOLLMAN Disapproval, amended ing partial reconstruction of the > existing upper level sono the Departments Notice of #5680. Request for Variances December 23, 2004, concerning p Disapproval amended August 2, under Section 100-244,based on proposed additions with alter- addition/alterations) for the rea- 2004, for relief from Condition the Building Department's ations to the existing single-fam- son that the height will be No. 2 under ZB Decision 5567 February 3, 2005 Notice of ily dwelling at less than 40 feet increased from 2.5 stories to rendered October 7,2004,for an Disapproval, concerning an from the front property line, at three stories. Location of elevated lower deck, at 4135 application for a building permit 1455 Inlet Way, Southold; CTM Property: 530 Private Road #8 Camp Mineola Road,Mattituck; to substantially remove or 92-1-4. extending off the north side of CTM 123-5-27. S.R. 25, East Marino; CTM 2o- demolish existing dwelling, and 1:50 GEORGE D. KOFINAS 1-1. 10:30 AM KRAUSE FAMILY to construct a new single-family #5693. Request for a Variance 9:45 AM DECLAN TRUST#5700. Requests for(a) dwelling: (1)at less than 10 feet under Section 100-30A.3,based Reversal of Buildingon a single side, (2) at less than on the Building Department's MEAGHER#5698. Request for Department's November 8,20025 feet combineside yards, (3) February 16, 2005 Notice of a Variance under Section 100- Notice of Disapproval concern- with lot coverage exceeding the Disapproval, concerning pro- 239.4B, based on the Building ing its determination that the code limitation of 20 percent, posed additions with alterations Department's March 7, 2005 building is designed for a second and(4) at less than 75 feet from at less than 15 feet for a mini- Notice of Disapproval concern- dwelling use, and (b) Variance the bulkhead. Location of mum side yard, at 552 East ing a proposed swimming pool under Sections 100-242A, 100- Property: 1755 Truman Path, Road, Cutchogue;.CTM 110-7- at less than 75 feet from bulk- 33C, 100-31A,for additions and East Marion; CTM 31-13-4. 18.2. head, at 750 Blue Marlin Drive,. structural alterations to existing 1:10 PM JOHN and GEORGE The Board of Appeals will Southold; CTM 57-1-29. accessory barn which will GIANNARIS #5699. Request hear all persons, or their repre- 9:50 AM JOHN and SUSAN increase the degree of noncore- for a Variance under Section sentatives, desiring to be heard CORBLEY #5675. Request for forniity with setbacks at less 100-82, based on the Building at each hearing, and/or desiring a Special Exception to authorize than 50 feet from the front lot Department's February 24,2005 to submit written statements an Accessory Bed and Breakfast line, at 1212 New Suffolk Notice of Disapproval concern- before the conclusion of each as provided under Article III Avenue, Cutchogue; CTM 116- in proposed additions and alter- hearing. Each hearingwill not Section 100-31B-14 of the 6-10.2. � '$ p p zoning Code, for the renting of 10:50 AM DONNA COOK within 100 feet ofations to existingthe restaurant ont lot ab ve.e Fileer than s are availableafor ip to two rooms in the ap li- #5638.Location of Property: 25 line alongNYS Route 25. review during regular business :ant's owner-occupied dwelling and 425 Private Road#12(also Location f Property: Hellenic hours. If you have questions or lodging and serving of known as Windy Point Lane), Restaurant, 5145 Min Road, please do not hesitate-to call ireakfast to not more than six Southold.Based on the Building East Marion; CTM 35-2-14. (631)765-1809. VED ' LEGAL I OTZCE` • SaUTO'I�I5'`Td• '"` Pi-14110D OPJAPPVAI : 41100 1&DNESpAY;ivr:� ;Zoos APR Z g 2005 F,FG E�I; yrsnarit to Section.267 COUNTY OF SUFFO ZONING BOAaO o�AP STATE OF NEW YORK ss: Jacqueline.M. Dube, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has ,10ggtJ? been published in said Traveler ai 5th,ca \f, cnoeCw Watc man once each week "apt. for I week(s) I successively, c enc'ng on the day of (.l.L. , 2005. worn-,to before me thi ... .....day of • �:.V ,. .,2005. to 10 ctc 90C... 2111 Y-Teaa ,rru Notary Public Emily Hamill NOTARY PUBLIC,State of New York No.01HA5059984 Qualified in Suffolk County Commission expires May 06,2006 • "a+4d w OFFICE OF NIP r ZONING BOARD OF APPEALS Office Location: NFB Building, First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET TO: Jim-. FROM: DATE: q / /a- /2005 RE: cc I kit /05 Agenda (or S '9s MESSAGE: -( -) Correspondence or related attached regarding the above for your information, ?rior5 Thank you. Pages attached: , . e W. . 41111 ,' y• e �a' SCOTT L.HARRIS APPEALS BOARD MEMBERS l4!c, 7;71. etN,� , ,,,, ., Supervisor• „ Gerard P.Goehringer,Chairman Al,,i-,1„)-' f �./;., I.,,, 1::a, P Serge Doyen,Jr. -.a1; ':, 't'` , Town Hall,•53095 Main Road 4 ., '° P.O.Box 1179 James Dinizio,Jr. •• 1 f`?tom.4•-',..,�, Robert : '`'�„," `:=,, -. Southard;New York 11971 • R•��char, Wilton . -� s Fax(516)765-1823 Terepi?one(516)765-1809 ----.........,..01 Telephone(S1&)765-1800 • BOARD OF•APPEALS _ • • • TOWN OF SOUTHOLD • Il ACTION OF THE BOARD • ti Appl. No. 4129. 1' . Upon application of ROBERT F. and RUTH S. KELLEY for. a, . - .- • i, Variance to'• t ie Zoning Ordinance, Article. XXIII,. Section ' ,I;;r 100-239.4B for permission to construct open deck ••extension • (includes widening of existing stoop- area) . The existing stoop., n,,, is, and proposed deck :extension will be, located within' ;7S •feet ' '' - .of an existing bulkhead at •or near ordinary highwater line. _ • • Location of Property: Southold Shores Lot No. 8; 750 -Blue Marlin" Drive, Greenport (near Southold) ; County Tax •Map Parcel , No: 10'00-57•-01-29`. . This improved parcel is substandard 'in size ' : and is located in the "R--40" Zone. District. WHEREAS, a' public hearing •was held on October 15, x.992, and -;! • • at said hearing, all' those who desired to be heard were heard and their testimony recorded; . ' ' '' ' WHEREAS, the Board has carefully considered- all testimony • and •documentation- -submitted concerning this application; • WHEREAS,. -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. By this application, appellant seeks a-'variance under • Article XXIII, Section 100-239. 4B for permission to construct a• - 12 ft. deep deck extension as shown on the sketched:prepared and submitted by the applicants herein. The• deck addition is to be ' located at the rear of the existing dwelling over• the present . stoop area and set back at 53 feet (shown on the-sketch) . - 2. The subject premises in •question is a substandard lot, • : • identified on the Suffolk County Tax Maps as District 1000, 1 • ' Section 57, Block 1, Lot 29, has a frontage of 100 feet along the • south side of Blue Marlin Drive, Arshamomaque, Greenport, and ' 100. 02 feet along the ordinary highwater mark of Peconic Bay-. This parcel••contains. a total lot area of approximately 24,830+- square feet. 3 . The •setback distances of the existing dwelling 'are shown to be 67+- feet from 'the bulkhead to the rear wall of the 4IP1W; t . • ' 4105 Page 2 -. Appl. No. 4129 • Matter of ROBERT AND RUTH KELLEY • Decision Rendered October 15, 1992 existing house. . The new deck is elevated approximately. two '(2' ) ' feet above -ground •level and is proposed .with a 53-55 feet setback • • ; � from the bulkhead at its closest point, 'the gr:ound. level deck at f; • approximately' 40 feet from the bulkhead: No' accessory (storage) a•. ' buildings •exist at the premises currently. ' • 4.. Article XXIII , Section 100-239.4E of the, Zoning Code • requires•'a11 -buildings 'ar�d-s tructur`es located on lots upon which t;' a bulkhead,. . concrete wall, rip7rap or s inilar• structure, exists • and which .is adlncent• to tidal •water'bodies. other_,than.-the Long • . 11, Igland Sound- to be set back riot less than seventy-flare (75) feet ' • from- the bulkhead. ' ' tl 5. The amount of relief requested by this application is a - • •, , variance of 12 feet for the raised deck, and an additional• 15 it feet for the. new 'step area . and ground-level deck. 6. In considering this application, the Board finds: :( ' (a) the relief as requested-is 'substantial in relation• A to the requirements; J . . • (b) the relief granted will' not alter the essential . character of' the neighborhood; • • (c) the practical difficulties 'are uniquely related 'to the-property and are not personal; ' • (d) the relief granted for an open deck at the rear of the dwelling- will not in turn be adverse to the safety, health, welfare, comfort; convenience or order of the town, or be adverse 1 to neighboring properties; - - (e) in view of all the above, the interests of justice . will be served' by granting the relief as alternatively and conditionally noted below. Accordingly, on motion by Mr.- Villa, seconded by • Mr. Goehringer, it was . RESOLVED, to GRANT relief for an open deck addition at the 4 rear. of the existing dwelling, SUBJECT TO THE FOLLOWING s CONDITIONS: ) 1. That the elevated deck construction shall be not closer ' than 53 feet (as applied) , at its closest distance to the bulkhead; • 2. That this deck construction remain open and unroofed at all times (not to be enclosed in any manner) ; • Page 3 - Appl-. No,x%12 9 • -� 'Matter of ROBERT AND- RUTH KELLEY Decision Rendered October 15, 1992 ' 3. Any structural enlargement or expansion within the 75: ft. setback .f roma the bulkhead, or other- nonconforming 'yard areas, will require further application to and approval: by this Board under' Section 100-239.4B. • Vote of the Board:- Ayes: - Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. • This resolution.was duly adopted. • lk • • • frl • GERARD P. GO .r LAGER; IRMAN. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE - HOUR fie 4 • Town Clerk, Town al-Southold I • • • • • • • . I rl (.1 Al,...1 OZ/VE • Ira 4 { rf'sra•ti't. ,r-d aci) - Ai. ;'4 I$' Z "'4"'. - - r-- _ . _s `- MAP' O L07- o. 8t40. _, 0 .41 1. t . r : , t _ ..5e ,a f ca. ma ► no.. 8 3)- 1. - - '.r NI :: 74-1f2kWAA/ICIA4AQL/5 " . . . 'im - ,I. . . „......_,.....______ _TIOIWN OF 50zir-1-104.a .111-..-y, i (.."--;‘17.___:, .• ,--i 1 t VcCylta. SO %�. jr* •t • adaeott.teael f© Cotnrriorrwerrl 1,;a4,0117'ifle 18 k-.5.1.74... _ fir, tlrattret w. OAT Oar Nay ler f0;1 942_ Q E >4 /1,4,„ ---- � ' AZodeeicie YoM 7-uyt,•R. C, i y {yam ;ye*:.�-„ ��� - } .. 1 - G'rc e rr Q r��j N. V. ,61 `'"Cts es z0�"AV� kV4 i cv 471.0.:C. ._..),.- • % . w Lk.t.. • . I . , , , . . 14''t,/,'40"letil,. . _. •--. - :a.. -• h. .ZI t 1'; . I - ``Z•a's,,,,-,kil o;n17liCc)M y _ - cap•;+n 7".,1 r,tCi9 Min Volt Stet" rtid7 ;5.4Ira0r'�' lr�yfT rdt7 ,dt' Y 1! : fir• tncs 'fug:ksn4„y, . rp � } t#:filo corny ,1 rO11-----1 -1,1.->,,,,,\., the-'+z�s+rv9yba traced seatQ hf f1 ' '•-�ticvq /,,,,,P- 4YS , s seal shy not be cvtstder>dto he,a valid true coop --(:,n/g3 " � • °‘:�ty2 • _��� / Oa nts�Indicated[ s AO tem v....1;07:;:::::,-7 a�;fi�r, .—/ � 1, enly ae the oor`on for Who=at'tp Inv 14, o? fug'„ r .BRdot ta:1tSu Al Gr�r� Trx art_ JotO- �7-1��� t governmental ager:- d,_,j7Enctitutton&o P3iecn ad " - - _ .. r,:4•:e+v_,=::Sjr, - _ _'.._rb��+.wnUWa,.i• ^ 4G - %;z0;�E 4?n a of tro landin:t-KztL _-_ Fl Pmien.� c7irxs ore not LFr^sr�eto rJ:ic. institutions o;sut pn2-¢:ULAs.lDy runera. __ • : _:.'`i••'„ .. '46: y.v. r .4F i..esW -.�^ .:4- c., ,.,=,=T_r.::-. _......_....xva- • +r Declan P. Meagher AIA 750 Blue Marlin Drive Southold,NY 11971 24 March 2005 Board of Appeals lee-fie. ; IL" �S/D Town of Southold l PO Box 1179 - 3/3 c(P Southold,New York 11971-0951 / I RE: Construction at 750 Blue Marlin Drive and our request for a variance from Article XXIII, Section 100-239, Subsection 4B to add a screened porch and in ground pool in rear yard. Dear Board of Appeals, In response to your request today,please note I have attached seven full size copies of the site plan for the referenced application. I also enclose a check in the amount of$250 to supplement the $150 payment made already for the full fee of$400. It is also my understanding that our application is on the calendar for the June 2nd hearing. If there are any cancellations at your earlier hearings and we can get on the agenda, I would appreciate that possibility. Thank you in advance for your consideration and if there is any more information we can provide to you, I would be happy to respond accordingly. Very truly yours, -an P. Meaghe AIA 516 317 8102 (cell) A: sr, ... Southold Town Board of Appeals .'*,�9�* �� �� MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., H.Y. 11971 -�..../1r'� TELEPHONE(516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3383 Application Dated July 18, 1985 (Public Hearing 2/6/86) , TO: Paul A. Caminiti , -Esq. as Attorney [Appellant(s)] for ANNA PRCIFICO and MRRIO 'MALERBA I I , q0 Box 992, Main_ Road y� Southold, -NY 11 971 A� ,�S/ At a Meeting of the Zoning Board of Appeals held on 'March cl_L4v , 1986 the above appeal was considered, and the action indidated below was taken on your [ 1 Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ 1 Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule and Article XI, Section 1007119.2 [ ] _Request _for Application of ANNA PACIFICO for Variances -to the Zoning Ordinance, Articles: (a) III, Section 100-37, Bulk Schedule for permission to construct addition with an insuffi-cient_sideyard setback, (b) III, Section 100-31 , Bulk Schedule for permission- to construct addition which exceeds the maximum-permitted 20% lot coverage requirements, (c) XI, Section 100-119.2(B) for permission to construct addition with an insufficient setback from wetlands. Location of Property: 1250 Blue Marlin Drive, Southold, 'NY;_ County Tax Map Parcel No. 1000-53- 05-034,' (al.so"known'as"Lot #13; Map Of "Southbl.d Shores," Map No. 3853. WHEREAS, a public hearing was held and-concluded on February 6, 1986, in the Matter_ of the Application for ANNA PACIFICO under Appeal No.' 3383 filed July 18, 1985; and - _ WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application; and it is noted that public opposition has been received "a s_-noted in the verbatim transcript of the hearing and record concerning this matter; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, existing structures, and the surrounding area; and_ WHEREAS, the board made the following findings of fact: 1 . The property in question ii identified on the Suffolk County Tax Maps as District 1000, Section 53-,- Block 05, Lot 034, consisting of a total lot area of 19,062 sq.. ft. with 110 ft. frontage along the south side of Blue Marlin Drive at_ Arshamomaque-, Greenport, NY, and is known as Lot #13 on "Map of Southold Shores" filed August 29, 1985, File No. 3853. - 2, By this application, appellant requests Variances for the construction of an addition .to the "rear of the house consisting of a wooden deck,- fence 'enclosure,pool, and_ gazebo: (a) with minimum total sideyards at l4..8 _feet [which is established at the (CONTINUED ON PAGES TWO 'AND THREE) DATED: March 18, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3383 Matter of ANNA PACIFICO Decision Rendered March 10, 1986 west side, and the east side, a zero setback [and 1 .8' building eaves encroachment onto the neighboring property]; (b) with a total lot coverage of 24% for a total of 4610 sq. ft. in area; (c) with a setback of not closer than 43 feet from the wood bulk- head and 49 feet to the high water mark [52± feet from the pool wall to highwater mark]. 3. Article III, Section, 100-31, Bulk Schedule of the Zoning Code requires a minimum sideyard setback_at the easterly side at 15 feet (and minimum at the west side at 10 feet) , a minimum total sideyard area at 25 feet, and a maximum of 20% lot coverage for all structures. 4. Article XI, Section 100-119.2 of the Zoning Code requires ". . .all buildings located on lots adjacent to tidal water bodies. . .shall be set back not_ less than seventy-five (75') feet from the ordinary highwater mark of such tidal water body or not less than seventy-five (75' ) feet from the landward edge of the tidal wetland, whichever is greater 5. It is the opinion of this board that the practical difficulties demonstrated are not sufficient to warrant a grant- ing of all the variances requested; however a reduction of the square footage to 500 sq. ft_ over the 20% maximum-permitted of _ the zoning code (or 4312* sq. ft. total ), and a reduction of the east sideyard setback to 16' 8" at the_ northeast corner of the existing deck (allowing a_ 3` deck) and 7' at the southeast corner of the existing deck (as exists), and a straight line drawn on an angle connecting these two points (to allow a walk- way from the east side of the dwelling to the pool _and deck, area in question), would not be unreasonable under the circum- stances. _ In considering this appeal, the board finds and determines: (a) that the relief as requested is substantial in relation to the zoning requirements, being a variance of 2Q% over the requirement for total lot coverage; being more than 35% of a variance from the sideyard requirements and being a variance of more than 40% of the wetland-setback requirements; (b) that a reduction as decided herein is not unreasonable under the circumstances; (c) that there is no other method feasjble for appellant to pursue other than a variance; (d) that the public health, welfare, safety, order and convenience of the town will best be served by allowing the variances as amended by this board ; (e) that by allowing the variances as amended by this board, a substantial change would not be created in the character of' this neighborhood; (f) that the spirit of the zoning ordinance and the interests of _justice will best be. served by granting the variances as amended and noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki , it was RESOLVED, to GRANT relief. applied under Appeal No. 3383 in the Matter of the Application of ANNA PACIFICO, SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS: Page 3 - Appeal ,No. 3383 Matter of ANNA PACIFICO Decision Rendered March 10, 1986 1 . That the northeast corner of the deck be reduced to a minimum setback of 16'8" from the property line to allow for a walkway/deck of three feet in width, and that a straight angle be cut (connecting the northeast corner to the southeast corner of the deck) to a minimum of 7' from the property line at the southeast corner (to allow for a walkway to the pool and rear deck areas from a side entrance of the dwelling); 2. That the total lot area over the maximum-permitted 20% (3812 sq. ft.) shall not exceed 50Q sq. ft., for a total lot coverage of 4312 sq_. ft. - - 3. That a final survey be furnished to the Building Inspector and Board of Appeals certifying compliance with the above. - -. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki_. (Members Doyen and-Douglass were absent. ) This resolution was duly adopted. - lk GERARD P. GOEHRINGER, CIeIRMAN _ March 21, 1986 _ - 13 7 DATE 3/2,/i.r. 4./5 • Tawara 2 oma of youi;:o13 I _ , 'Cr? OW\I An ARVIN lv' ` c Ncs oo I �''� • 5. o �5 a ‘o toe e �.0 \ - o-o , , X" X 19:13‘-'' to 1 t f 4. d dm5 : M 52- o a. ' ,t I'6c %Q m SOT ° .4. .w N `6P '6. • g 240' .0`to.3'� bOuse ` 7'''....r6 fry` ` �. 'a. -o • o ••.4to_ S age ia�` e� �. o C � r `5a. #125 ` u.s ... '� ort �• A 5" ^ a_ ls.5. s., z2.2' `' wood. d '� �,. LST }2_ \\ ���, 1\\ m 1 p oaf- -- �.� , �': �, O 1 13 \`N U`' -b A ,fie.,-, _pial . \�• ✓ 1* / Sig 1 --buil'. o , tip. a+ 1 35` ,, t' C.C. • t• • W id.DO• ab 11 t0 7 ca�c vaod6/ �li 1-----'--.9. cot mail 4.-1'; .IN f_.-%-------i'? t o ion hi led m°'P te. ,ta) ds onf 17.14.171"a shown A Y • • T. LOT AREA=I9,Q62 SQ.F *1 B -, AREA-HSE.,POOL,DECK 81 ReCON1C ,, GAZEBO=46 10 SQ.FT. ^� 46/0//19 062 ' 24% LOT COVERAGE SURVEY OF :- }�� 'yLOT NO. 13 `� '` �, �' '4 "SOUTHOL0 SHORES" - Fl1D AUG.29,1985 FILE NO.3853 '.,, AT ARSHAMOMAQUE , TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. • 1000 - 053 - 05 -• 34 ,‘,O OF kw, -• SCALE In= 30' ' yo�NT.Mo. o43AUG. , 1985 .r , # e ni Pa,i,ya * Prepared in accordance with the minimum , fj�� �_r__,�, standards for tido surveys as established by j; + the L.I.A.L.S. and approved and adopted t. �G� iS� N.Y.S. LIC. 49618 P' �, . c'��i QRS a ENGINEERS P. C. fpr such use by The New York State Land ( 51_ rs r 't + 2 O r ij�Association. • 54655 M•1N ROAD $OTHOLD, N. Y. 11971 85 - 298 ' 4 /f OG; Page 2 - Appl. No. 4365 Matter of JOSEPH A. POTTGEN Decision Rendered March 6, 1996 5. Article XXIII, Section 100-239.4B (re-numbered from 100-119.2B on January 10, 1989 under the Master Plan revisions) continues to require that all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which are adjacent to tidal water bodies other than the Long Island Sound, to be set back not less than seventy-five (75) feet. The exception to this requirement is shown to be when new construction is located landward of existing building(s) on the lot. 6. In viewing the history of permits and existing buildings in this waterfront community, the following information was found (preexisting of the subject code provision unless otherwise noted below): a) CTM Lot #29 (Kelly) 53' setback (1992 variance issued); b) CTM Lot #30 (Mesbah) - (no variance needed per building permit issued in 1988); c) CTM Lot #33 (Burke/Weitman) deck at 50+- feet (no variance needed); d) CTM Lot #34 (Pacifico) - setback 48+- feet (no variance found for bulkhead setback; building permits found of record issued under code at that time); e) Lot #34 - 50+- ft. to outside edge of bulkhead. 7. The Board of Southold Town Trustees has issued a Waiver under the Wetlands Regulations of the Southold Town Code at its September 28, 1995 meeting for a 1,000 square ft. deck. 8. It is the position of this Board in considering this application: (a) the relief requested for a setback at 50, 51 or 52 feet is not the minimum necessary to afford relief, and the alternative is more reasonable under the circumstances of the area; (b) the setback granted is substantial at 22 feet less than the requirement, or 29%; however, this setback is similar to those generally existing in the neighborhood, as noted above; (c the variance requested is not self-created; (d) the relief, as alternatively granted, will not create a substantial change in the character of the neighborhood along this bulkhead and waterway, and although there will be a minor visual effect, there will not be an adverse detriment created in the neighborhood or district for the type of construction (restricted herein for an open deck); Page 3 - Appl. No. 4365 Matter of JOSEPH A. POTTGEN Decision Rendered March 6, 1996 (e) it is not uncommon for an owner to request a setback variance when homes were built prior to the enactment of the law under consideration; (f) the relief requested will not cause a substantial effect on available government facilities since the addition is restricted to "open deck" construction, retaining its single-family residential character in this residential, waterfront community; (g) the benefit to the applicant is greater when weighed against the health, safety and welfare of the community; (h) in view of all the above, the interests of justice will be served by denying the relief requested, and alternatively granting other relief, as noted below. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to DENY the relief requested, and to GRANT ALTERNATIVE RELIEF for a setback at not less than 53 feet from the closest point between the proposed deck at the rear of the dwelling and the bulkhead. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. * * * I • . f , 5 .. , iNfV OF '] 4144 /� DR/vE . •� N?4°/52o"E vaeo . • 4 • 4, 4 1)25-`,/lit • Kop ,Ti 1 H ! : � . \Q( • Q • a. r; 9$6 el eo I • V •I. yl zN. V O Q� N / STo ry MAH 6 uvi) O Df.FLL/N6 r,/f 4 I 52.70' J I � r0 9.97 ii------i!. . '..{I i -. • o ,af o • h 1 ( . G,.,_.___._!...:0- INE _ p j+' ' o Patsy Po/y9R)- h,�OH '�-„ k'.ITE,P MARK E • r/N`AL 1.ocAT/Oh/ /z•z-6H • N,Y. STATE LICENSE No.28729 ///j sfV/704K COUNTY AJ AMP #3853 "' PROPERTY OF JO.viVA 1,fG4T/'/j'/NE.f,J•Cf/IAUe j BOOK No. /J 107'76 -NAP 'T SOUrHOID SHORE-J' 'ARJHAHa44 GUARANTEED TO: FILE NO.. / --.44.3.---:. SITUATE AT J•OUTHOto I --- Tf/E MTh c?UARANTEE CD.l1PANY I SUFFOLK COUNTY, N. Y. " - ' -- / CHARLES S. WEBB JR. ---- ' ---- - -" —' "'----- suRveYOR HAWKINS 842,..."8:4 's PORT JEFF•-RSON, N. Y. ._� SCALE / IN.= ,40 ET. DATE ,fi4)r/9 6 [}ATC _ . _. _.__ SY .._.._��!` ..S r/,.�,. Una LAOIS a V•4••IN. 01.6r NLY•1 -- 'tornIAL InAr•,4r,CI(1111 .....Jr,.n Ni, •.•1f t'Ik•:+�?; T Si— .fi E i A-#:''',.j1 II 6 17 Toik0 of Slixtrc:hold -ZBA 1 0 App. Name- 0 Tax Map ® Fe No. : :'11:7_1 ii SEQRA_ ' Search: e aeimon i, I 0 Unliste ! ' 0 Other'. ' BoardIviember Mictr-i --7 , Hearing Time: • 14 7)5P:? 11: ii-e-i\lurnber:j5698 1 Tax Map J574-29 App.`Name:AMEAGHER, DECLAN 1 ' Received Date: 3/24/0511Tot Fees: j73.56,7x37,, 1,Hamlet. Southold I Type: Residential r Zone: .E1 nj-_? te-fory),i,arcieci,?)Town'Clerk':',;:: 157547(f Status: )New f Action:I Meeting Dates ' ' Building Dept Location: 750 Blue Marlin Dr. Meeting Date 11 ND Date 11-517/65' —- , Hearing Date 1 iWiTgli ND Date 21-7 • ' s,h9rt Proposes swimmingpool less than 75 feet from ' ° - ' '' - - : e;- - Desc.:_ bulkhead 100-239.4B. Hearing Date 2 ramte 3 ND Da ' : ' = '°"Y ti'S - Hearing Date 3 771 ND Date 4 Hearing Date 4,I-11 ND Da 51 . „ Proposes 48.8' setback with patio at ground level. 1 : Await$250 due on filing fee &7 full arch. site prints. Hearing pate 5 M ND Date — --- 1 = Notes Action'Date: ND Date 4=1--------, 1 3/24/05 — 14:.HliFiki.1 CrATil'S NVEM1 -. , Developed by the Southold Town Data Processing Depar,trhehtir OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building at Youngs& Main Road Southold, NY 1197-0959 Email: Linda.KowalskiaTown.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 (ext. 5011 at start of recording) fax(631) 765-9064 REPLY FORM DATE: ,11/D5 TO: 7V/4 rh.44 )21 im) ,9//9 fax 574—foF3—tel vq ZB Ref# D f,p_a -2)(3. Date of Building nspector's Notice f�proval: )70.A cd-. 7 X100 V,1. The a plication is incomplete for the reasons below. Please seven (7) sets of the following: ( Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : ). The advertising deadline is 22 days before the meeting date. You may fo and the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you.' ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ) Missing information— OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): ASO, 9C) Filing fee$'t0D ; Check amount was: $)SD,!Please contact our office(or send check). ( ) Available survey showing existing property/building details,with licensed surveyor information. ('/) Architecturalma�pd to a survey dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height(#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( ) Thank you. - I, _1: ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Applications and Checks for Processing) DATE: 3/24/05 ZBA# NAME CHECK # AMOUNT TC DATE STAMP 5698 MEAGHER, DECLAN P. 3549 $150 GIANNARIS, JOHN and 5699 HELLENIC CABINS & 3241 $400 SNACK BAR, INC. TOTAL $550 By LK Thank you. I lu] 3H1 NRIlIN 3CtlI —°—— "�I H.I.p avyoN I— d___ a11 PPM W1 —t�)— 41 tPaB a ° '�0 V.+O I .uil wl wlW�pyS 3 d3dONd 11V '33IN33H1.0 NNYHO SS3lNfl ——N__ .q11 RA Nopyl _�NOS_— �/ (TZ) Vl bvena^la M95 VIII [J a41 814%7 PrV.S Jcmp ummJ.imp N>n tmD45 'w wi wi w a xrpmwe 1 c p08'tli N 0119HS dNy1Sl St St oto a citdaI. 3(110 .. OG 0 a O.�Zj'4�iZ ZZ 9 . i' 3 m �9 a` ® 4� 0 bZ to •e ";!�° --- t• sic. -o R $ ra a .3 w� y • "°' afl ° 4 a m4 `pr err 1'�O �r s. F6 rep p.0J ov \ 40 yr 3xn3}AY/5"4 N,0' , p.cs ¢a 'mgr u Fat Lr/ 3,y2.4 +n .d am 'yl E'6E .as 00 .0 6r OZ y> 4 91 QO >� .k.'''; Of; .6b7 6 OD 3, ',.2. OTws arr 7 ro.' are si1Y i (�E'SE T a iio^ .- (091 `s 9 rat oR . er 301 k $ g(j a Z•6E ,.0 (a1VZ,r NH .0 a mr Z ur z m x —� �� .do.NOb NH 4 F °y� •-b • ESO'ON 935 33S �—H31VPI /VOd�VI ee ft`r (ti m 00a'31E N a m el8 I0-LZ-II SUOISMOH y 4a�,Nriy -. - r-+ "+�.� -�..•-;++r -tom.. — _ _._ --_ _—__ _ _ 3/2/ L-1"7"1::: 4i-',..6'11 !a`'t75' "f -7 .-. _. 7.7-77. ,'Town.:of s y thold" ZBAf. ,. *-1,0)7•1 Q App. Name ` Q Tax.Map : 0 File No: CI"II I - - ' Board Member Michael Simon l i [E-Unliste . ' Search: _ . � f-Q'Other I ng Time: ; 4:?7:D5PN ', " - Hear"i File.Number:15698 ! Tax Map: 57.-1-29 _j ',, App. Name: LMEAGHER, Declan Received Date:. 3/24/0881 Tot,;Fees: �f00.00 1 , 'Hamlet Southold IType: ;Residential t. Zone: forwarded,to'Town Clerk-. ry 3/24/05!-q Status: New ;;Action:a Meeting Dates - Building Dept: Location: J750 Blue Marlin Dr. ( Meeting'Date - 1 ND Date 1 3/7/05 ' Short — 1 l Hearing Date 1 5/4/05 1 ND®Date 2 Proposes swimmingpool less than 75 feet from ;,�' � i _.. .;... Desc.: -`' bulkhead 100-239.4B. I :Hearing.Date,2 �' NDDate 3� copy, r'�' ; a Hearing Date 8.)----11,NDDate 4 ' - Proposes 48.8' setback with patio at ground level. .,; Hearin Date 4: ND Date 5 1-11 9 _ _ i ., i - - Notes. :, Nearing Date 5 ND.Date 6 Action Date: - 'ND Date 7 4/6/05 j 1 52 PM CAPS NUM ; Developed,by the-Southold Town Data Processing Department . NuTkLE Cii- HEARING ' 'he following application will be heard by the Southold Town B card of Appeals at Town Hall , 53095 Main Road, Southold: . 'AME : MEAGHER, D . IIAP #: 57- 1 -29 APPEAL : Variance-Accessory Pool REQUEST: Bulkhead Setback DATE : WEDNESDAY, MAY 4th, 9 :45 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ONING BOARD-TOWN OF SOUTHOLD 765- 1809