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Home My WebLink About5925 Q~~_Q~mp__ .) I H ~tLt-tv ~. d'1.- C -l!TCj;J.5 ~O~ ~L I-~ pF:f Z-3/- 0(0 CA 9-1<1-0.(" " " ~ u~p APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . Mailin~ Address: Southold Town Hall 53095 Main Road. PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197] http://southoldtown.northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 RECEIVED q- ~A 2.'.31op-rn. OCT Y 3 2005 ~ort~'1JAJ So~old T~wil C1er' FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 14, 2006 ZB File No. 5925 - Philip Palmeri Property Location: 2165 Reydon Drive, South old CTM 80-2-24.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps. PROPERTY FACTS/DESCRIPTION: The applicant's 23,087 square foot parcel is improved with a single- family, one and one-half story house and accessory garage, as shown on the June 13, 1986 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Zoning Code Section 280-15 (100-33), based on the Building Inspector's May 9, 2006 Notice of Disapproval concerning applicant's request for a building permit to locate an accessory swimmin~, pool. The reason stated in the denial is that the in-ground pool is proposed in a front yard rather than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a 20' x 39' accessory in-ground swimmin~1 pool on the west side of the dwelling, a front yard which faces Reydon Drive. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The swimming pool is greater than 85 feet from Reydon Drive, and character of the property is similar to most of the iots in this immediate area which also have two front yards. The applicant has chosen a reasonable location in the larger front yard for placement of the new swimming 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. The property has no defined rear yard under the definitions of the zoning code sinc'3 the property has two side yards and two front yards. No other location is available under the code provisions. t ~age 2 - September 14, 2006 . ZB File No. 5925 - Philip Palmeri CTM No. 60-2-24.1 . 3. The variance granted herein is not substantial. The swimming pool is in the same yard as the existing accessory garage, and the swimming pool will be at least 85 feet from Reydon Drive. 4. The difficulty has not been self-created in that most of the lots in this immediate area also have two front yards, rather than a single front yard and single rear yard. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board has determined that most of the lots on the westerly side of this subdivision have the same or similar condition of two front yards. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory in-ground swimming pool, while preserving and protecting the character of the neighborllood 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 Yorf, Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carri,ed, to GRANT the variance as applied for, as shown on applicant's hand-drawn sketch on a June 13, 1986 survey (survey prepared by Roderick Van Tuyl, P. C.), subject to the following conditions: 1. That a pump out dry well be installed adjacent to the discharge line from the filter that is large enough to accommodate a significant portion of the pool water and determined by the pool company installing the swimming pool. 2. The applicant must create a landscape buffer between the pool and the neighbor's property line. The Board or its authorized individual reserves the right to inspect this landscaping prior to the issuance of a Certificate of Occupancy, and after the pool is installed and the landscaping is in place. Additional landscaping may be requested by the Board, or its authorized representative, after inspection. 3 Placement of the pool filter and the motor powering the filter must both be placed in a vented soundproof enclosure, away from the neighbor to the southeast. Any deviat,ion from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involvin9 nonconformities under the zoning code. This action doe" not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer and Weisman. 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I I I , I cf G ..l ~ " '\' q- ~ ~ o . lOll Q I 7 fOfLreR A:fWMO<I/Iff flWMfLreR fl1ERN\1JPUNf' (QWl6c fOff'l1..l'(NS PLJ.JM~K~lG SCHEMfilTIiC . ?9'-1I1l '58'-711 10" " PLAN ~ FORMED CONe, STEIPS -t,... , o ':~.' '.: , , ~ ;. S1lEm(ll'~ IS I \ I t '" '.~rJ '~ <;; ~ 2'1 to 4" SAM? WffOM SIE01I(QJU\! A --.\ ~ " 7' 10' SIE01I(QJrr\! ~ WA1fR UNE' -r1- RCl.lfD fOPM I?f1VWfN . LI~R tW CGI\ICRfjf ;8 . 4. '-, " .~ -~ 4 Fct'M llf5 .. ??OO P5I POl}fIJ ~ . .~ V1Nlt UNE'R 2" 1D 4" 5ANIJ <l WAll SlEmON] rr~OTlES I. smr:11ff 15[)f'5IU~r fGflfl' [lfWI/ WOE',AW OM..Y INNJ'AS \\H'If 1\1' crotJNI7 WA1l'R ffflU' IS A MINIMUM Cf 4'-13" 131"WI/11-f PRGfOSWfINI*r Qifl:\', 2. BPaJ'l..l. l>1iH aJAN!'.AR!H, ffff Cf ROOfS AND Dl"BRl5, ro t.Vf /'lUJW 1\1' ffW (,f BPCKfU fO I"XCEW 1M!' fflil1f Cf 11-f WA1l'R IN 11-f POC\. BY Mm 1Il'N B", Gl( 1\1' WAreR fO I"XCEW BAQ(f~" BY /IIXi 1WN B", ). WPU5fOBE'5I1OOlH, NON 5WfYPl". 5WPW AWAYf'roMPoo.. 4. WAreR rJ5P05Pl. W BE' W/d1WfO ~RSI'ROPt'RfYfO 5llfWCPl- ~11ONS ~0 OZ '-0 o cl ~ ~ ~ ;: 'lj hi Z 28 ~ ::;z cL <(- !-' In 0 NCl.. :2: >- 1.A.J)- -~56 ,~~ ~$i at!! =0 il I~ "'E - ~ & '<t ,/ 05-22-03 . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 31, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New Yorlt 11971"()959, on THURSDAY. AUGUST 31. 2006: 10:25 A.M. PHILIP PALMERI #5625. Request for a Variance under Section 280-33 (formerly 100-33), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code-required rear yard, at 2165 Reydon Drive, Southold; CTM 80-2-24.1. 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 and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: August 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #7998 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 10th day of Auaust. 2006. ~~~Il@O[) Principal Clerk Sworn to before me this 2006 \,(9 day of ~ ,~~ CHRISTINA VOLlNSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V061 05050 Qualified In Suffolk County Commission Expires February 28, 2008 . . (Lf--f!P.-A~) . ( I <I f~ 6/31 FiJi) . tor, stating that a seeou.d; quires 30,000- sqWl1'e feet' per use under Section 1 bered 280-102). The appU ,,",~,t1l:lY wishestocoIlS~_~t ~n~~so?,:buil~- ingfor inside.storage,.disappf()Ved': by the Building mspector on January 27, 2p(l6,~or the reason that the proposed ~~ction is in violation of a condi- !-4~..:~cation of Property:~1_9 J{oute !~$'*~~rel; C1.M 1:S-}-1?;7. ;:zo~~_ Dfs- ; :t'P.i;t:':~ Gene:tal''B.usip.~s~':-:'': \:,' ":" . :10,,0 A.M. :TAMEs IDzAR,#5937. .'. Re.9~est for" a V~riance' under S~c- :,ti{)~-i;":lJ~O-244 (formerly l00-2~), ~ased on',*e Building':"~s~~r's:;_MaY;/l~~_ i.~;:J'~otice of ,:~Pi~p,rr~l~:~~ni: ",wg{a::,proposed"addftimi:" at' flie" rear of -:~I.f!:c~elling:,with1"'";-~tbacki:less-, than, )~\~le~required 60 feet, at7500Ne:~ , ' Ave~}le~ Matti~~ck; , ~ i~,~_- AiM.> ;PlflLIP;I"A1l.MERf Reqp~s,t.(-~r:~a V~,'_un,der' 280-i\lNJ>,,,,*dy.,g.l}~~>,base<i uildirig,Ii1spector'~~a,r.8, 2006 .''',, ' " of I)isa~proval Concerning 'an c', ~~~spry swim:m:in~'~ol propos~d'iI1,:a: _._-Y;~~thertAa.n;~ lilde.-req$:#rear,,' :: ,;.yilrd,\at 21~(~y.ti9P-\~rive,Sp:uth()ld;., ~;80-2_24.L ..... . . . <.}g;35 AM. JIM and JANET -,D,~A;PDARirn.--#5928.:- Request:for: a -:'-::'yl:l~:ce undpr),Sectio.n2~0c244' {fpr~ eci~ ,_et'~~ '~:'m~~~;;lOO-241),heasedo?n;$,~_;auilding ~1~l~,;~cti(Ul,280<~IB (for~er~Y,'tOO:,:: ,:d.i~~~~~r'~~~~i~~~t~~~~{St:~,.,,: 3~},,~_~tion~~f the Zoning' C~~~:'~ . honswhich will, be -less,tha:n the code ' to,::esta5~ ,aQ::;\~:;SQ:ry:;;\.part.QJ,~~p~ -required 15, 'feet6n 'one, side', 'and.;-less withill-_t:he,~t~gJl.pplicant;'s: dW\fWng as theprincipal'building,at37S-Goose -.than 35 feetfor combined, side yards. at Creek:Lanel$buthold,;;CI'M'78"8~20; .8960 Peconic Bay Boulevard, Laurel; crM 126-5-6. 9-;40 A,.M., MARX::BWZ,: #5?20. 1'0;45 A.M.KARNICK GARIPIAN Requ~st'for a,' V~a1lce"p.nd~r. Section and HACl GARlPlAN #5931. Request 280-3~'~(formerly'l~~3~);based ()ntbe Building4Jlspecror's June:Z, 2006Notice for Variances. under Sections Z80~239.4 of"DisapprovaJ, amended June 8;-2006 and_ 230-244 (formerly, 100"239.4 and concerning a proposedpe:r:~ola, strpc- ~q9~244), based onthe Buil,dinglrispeco ture in a location at less th~n the code- 'tor's May 4, 2006 Notice of Disapproval required 40 feet from the front prop- concerning construction of an enlarged erty line, at 2022 Hyatt Road, Southold; new dwelling, after demolition of. the CIM 1000~50-1-21. existing dwelling: Thenewconstruction 9:45 A.M. mOMAS CAVANAGH is proposed less than 100 feet from the #5932. Request fora Valiance under top 'of the bluff or bank of the LI Sound, Section 280-239.4;6- (formerly: 100- less than the code~tequired 15 feet on 239.4), based on the Rujlding 'fuspec- one sjde yard, and, less, than the code- tor's May 1,2006 Notice-cifDisappiovaf required combined side yard tb:tal.of35 concerning a~~proposed;deck addition'to feet.' Location ofPr()~,ty: 5471SC.R the dw~g~1Whicn "?ll);bC less, thafthe 48 .~alk/a Middle.Roap., or North R',lad), code-rdqJPred 75"ft:min:in1utn fronl'the S'outhold; CIM 44-1~1, e~S#ng wood bulkhead; at 600 Littl~ 10:55 ALM. ,J9HN.S~CK,'JR. ~~nt~~~r~,qad,S;~tCh(j,g.u~;':~'~ 11~593~.:, Locatio~ of"Pro~.rt:y; ,1265 Ul-l4>-<1-S."-<"'c .".'1 ','>'''-.::''",~.,.. _~__, ..,\Sbor~i Drive, Gi pit;:~::47"2- 9:50 AM:' -GREG an,f'RrrA TY- 26.1. Requests f " lJER ~#5935.' Request for Variances (a) Variance un(ler,Seq1!ion~ ,~,80.,33an,d280-244(fqr- _.242A,Z80~239.4 mer~yloo~~3:~dJOO-244i,'b~s~~~~nthe Iy 100-242A, an BuildiI1~ insp,e~t?r's'l1ay:23; 2006 No,~ i 'based bn the Bu tice'of\"Diskpproval;l-'ain~nd~dAugust 11,.2066 Notic,e 1, 2006;,t!(1)~g:,'r;(1}1otcove!age,! - ,e~.Juqe 23,2006 me~f.thecode\rq<ffimllmc()f?Q% additions, altera,~'~l11;:!?~o_" .."_ ......, g for ,ne~:~:ns~ction;as grpposed~' (2); . ,-'~~gle-family .d~~.i:;~fRt'{~l;L~;~J'ea.sQ,n', propoSe~ P9rch atle~ !li~I135 feetJr?m thgt the additio . the front yard lot'liD:e," and' /'(1:)acCes.. cOnstitute an . sory garage proposed partially:m"a,side n9oc.cmfonuan yard rather ;th'i:i.it-eritiiieIy in the fe,qpired,. the code~require rear yard, atJW~.Yer Road,Mattitu.' ..,*; ,,:~:ingksi~yard ctM 139-3~~~;:';'''~'~c . , "l""-~f~fd~tykd, c" " 9:55-- o'LUI<E SLACK #5935. than!'-the oode- Re :aWanance UIider" Sections -from the bulkh and ,289.244 (formerly::lop- Q;),Spe6al ..,"'" ~~~ed on the,lluild- 2SO<HB (f?rme "', "B?~toestablish y-"30, 2006. Notice an 1\:~ssol)"Ap~ellt within the ex- Concerning propOsed ;'istini(applicant's:~w.e!Mg_;(tbe principal os'to the existing' buildii:J.g). -'~illcreate an: inere-ase .,ll:Q5 AM. ~fD,oncOnformau,.~,\'{hen BAUM #5938. t1:lim the code~req~ired Un-def Sections nt'Y1ird s:etbackof<40:fbet, (formerly 100-24" . ......., ~i;t2; I at rLane,Cutchogue; CIM orithe,Bui1dingui~p~ct,. .'_ ._,"~~'- 97~:li=;~; ..:',...1:" :NoticeofDisapp'~?:y,al'~COl~c'~~spr,~;, 1I6':bdl~W~.PAUL~()~:PY p~~d(ad~i~ions ifi1(f&furattd~ ~o-~~; #59-77-. ,. .lle~~.~st_}or,~, y~~~ ::~4o/: eXiStitts d~elling, which will 'constitUte ^ Section'~..3~{formerl)r"'1(){)';3S)-;'based ',"~',art.~ilitreasein the degree of noncon- on'aP'IHieant"sl1priorV8.ri:ailce::appli'caL ''',';formance . (ref. ZBA. Interpretation tion with ~ite.tliagr'am'sJl:Qpritted under No.:;5.039 ~ WaJz Property) with a front Appeal:llfP;::;;:947,_~~ceming a, pro- ~ard~etback less. than 40feet. and less po&edgaiag~"a~ le~sth~,~9:::f~effrom t~a? the code-req~dJ5<~.~i~i~_um the'.fro_rit~yard 'IotliDe~(<lftet', fem.?val'~om the existing ~lljt~a~h ,l;pc~tion of ,tbeJC:(ia~ting.nonconfonning;.g!!-t-age); ,cof:'Property: 965 ~wrey--Nest Road, at 1020: Goose: Creek b;u1e;'$Q~th'()ld; Greenport;' CTM 3$-6~~4:1, CTM78:~:}<-; .",~,_,-::!;:, .::'p:" ',',"': _:}~;!5 AM. _ GEORGE'artd SAN-' 1O:0~,~;M~ '!~}Lq,'#5~l9,:: ?~e;, _ J)R,A:,;ENGELKE #5895~ 'Request for quest fdr 'a- '~arian~ ~relatec~to' eond~.._ _' Vanances undeqSe:dtfuns 280.33B(4)', tionSllii\1l& ~h'AoPpel\l.'N"''l93'lahd{I!!''~9AB!(fo~,9\li''l;WClI~'lg.'4),. ~tia,1;~~~U:)ts~J)J;oval issued Dasedon th~Bui1~^ing-bts~(;t~r~~~'~~h March 15,l990,bytlie Building 'fuspec- 20,2006 Notice-ofDlsapproval;,amend- .,,04,fim' .';re"'7- ~"'and '~jf~nl ....... ,g, areas,I'.rppes~~. new' proposed:aecessory , to. as. 'beach house'} pniposed' with the .. '. ~01lo~gI;!0~~T#9~" "\" ,,!;!!J~.~c~s:,(!l). _ ",', Lorn'd'<. l'itJi:ii'W:OU;ii' "'" -'2'. ..",,;i.Il-i.~:'M,"', n~;oj;;j<',",' 'o<!l\f-o:f. . . ,,,-me,,n;e .' .:,:.,}I11l.gf(!i()m:;l;1I4"\C':"",- porch ,to_ t~~,:,.existing:~o-~~',hullcl1ead; ;:,rt5l 4T6"rrorpthe neJI.:s,wirimrin:g:'-pool /itructure~~~~!~~W1Jr"h_$".~'~\ tl;) l'38~te~!'f: s19~~~ot~e'l\l1d',;z7'6"}t? the buUchead-fromthe newaq;essory .<beach house,4building, (d){fl.ew~utdoot :;~howe<!:"_C!i~~e"~k-sZ;ell~~,'tb@k' fro~, "ilthesidel~t I@e.::~~jtbac~ "'require<l\ifoode'''fOr:new'''1Orisfructio'n' "''' (1)!75feetfromthl;'bulkhead, (2) '20 ft. '~UIJlj~omi:ihe'~id,e lot line. ~~~9,~"ofpt:~~erty::~:7d4'iD~tiiri:Nedk L.ane~ipei?6ru&;1CTh19g.:5~14.3. :;' ThelBoardl ofAppea1s will ,heal',all -per~ns.\Q:['tliLeir repres~tatives,' ~~~ PtS~to:'b;eJ1..ear:'~:.at eacR,~eariDg.}~I1~Qr. d~s~g"t9;:~llbmit~~n statements 'ber6re:~e-: 2~ntfusio~~":pf:.eachhea-r- ing: 'Eacnhearing will;~.statt ~er. , "'~ cle,~llt,edabov~{'K~~:ite_~~ . ,ablt\;'~ori~~~~,'du~_:,t~,at:. :'bps~- n~ss. hp,urs'~~~~p.~or ~i~(~h~,_,~ilY;,?l'~e: 'heRrin~.' ":'~You ,have,qji.es~oni,'p~; 'dontit'hesitate:to coDmtt"Otm' affiCe: at (631); 7{j5-1"8OQ, orby::e~l!i'-; Binda. Kowalski@Taw,n;Southold.ny.us. D~te,(t:' ,Angu,st ~,1006~, .. _ . ..< , . 'fOWN OF SOUTHOll ZONING BOARD-OF M"PEALS RUTH D:.OLIVA, CUAIRWOMAN By ~indaKawals"'i 7998-1T 8/1Q AUG 1 .1 2006 - . FORM NO.3 S-q~~ NOTICE OF DISAPPROVAL DATE: May 9,2006 TO: Swim King Pools alc Palmeri 471 Route 25A Rocky Point, NY 11778 Please take notice that your application dated May 8, 2006 For construction of an accessorv in-ground swimming pool at Location of property 2165 Raydon Drive. Southold. NY County Tax Map No. ] 000 - Section 80 Block..L Lot 24.1 Is returm:d herewith and disapproved on the following grounds: The proposed construction. on this non-conforming 23.087 square foot parcel with two front vards. in the Resid.ential R-40 District. is not permitted pursuant to Article III. Section 100-33. which states. "In the Agricultural-Conservation District and Low-Densitv Residential R-80. R-120. R-200 and R-400 District. accessorv buildings and structures or other accessorv uses shall be located in the required rear vard. " 001 is noted as bein located in the front ard. '- Note to A)lplicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ., . . > /' /' APPLICATION TO THE SOUTHOLD TOWN BOAIlDI.Q~k~f~~1} 1 :;;;,:~ '~~~- F",~:"U:..:~~;:""":~t~~,,~ ~._--_. ----._..___i Parcel Location: HOllse No. 2IlP6Street~doY1 Dr. _ Hamlet3~---'ll4.. S<l.f j- , SCTM 1000 Section fu Block!)., Lot(skl./f OCI Lot Size23,D~'1 Zone District_l<- Llo I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:ty\f1,y 9>, 2.00 ~ . ___ Applicant/Owner(s): fhi \ "f2-P/L\YY\I'X ; Mailing Address: I.?- Ha..Yl'1' 1./-011 rIa. u SOt-L+hold Apt. C" G/1Vo.eY1l'\~. fV.1 {Slip - Sa 10 -1d-1 (0 CLI/) II 530 Telephone: 7~6-q.9-.47 NOTE: If applicant is not the owner, state jf applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: SWIm \(I(J~ f1o.\s'~ ~lt-\'h Y Q_~~ I ~ Address: l\11 eA-t'Z.-6fl QtlcLy t?-l- to--I 11118 Telephone: 144 '~IOO Please specify who you wish corr~ndence tb be mailed to, from the above listed nameS: [J Applicant/Owner(s) [ll>')(uthorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ill ~H, 2DO(p FOR: ~iiding Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use U Permit for As-Built Construction D Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordiuance by numbers. Do not quote the code. Article 1TI Section 100- ~~ Subsection Type of AI;P<'al. An Appeal is made for: 01\ Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 280-A, D Interpretation of the Town Code, Article Section D Reversal or Other A priyppeal D has D has not been made with respect to this property UNDER Appeal No. Year . < ~ . . " Page 2 of 3 . Appeal Applicallon Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: i>ool IDIII IO-L SLlU-t'l~ lUj-fu ~~eko...+-'O(\. antl 'at. tJ 11' %OfY\ houJ> ~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the ?ppllcant to pursue, other tiWn an area variance! because: -h '.J7Jl t'fope-r-kj hIlS -\wo --tfoft-t "fMtA.S, ~/l(IiU'lU I-~ (ll-Ct.-&5a-''1 Ins fooL no r<-o.--r 4 ,,-r cJ . . (3) The! amount of relief requested Is not substantial because: ~ I will me& -G,tU 4LUd. Sl-+badcs . (4) The variance will NOT have an adverse effect or Impact on tlw physical or environmental conditions In the neighborhood or district because: Pool WIll bt-..-\-wu.d---h> C-OG-L . (5) Has the variance been self.created? (vrVes, or ( ) No, If not, Is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) ~1A- This Is the MINIMUM that is necessary and adequate, and at the same time preserves and protecls the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney,) Othe e ease roceed to the sl nature and notarv area below. / , Sworn to before me this d;o~~,~tt Signa r f Appellant or Authorized Agent (Agent must submit Authorization from Owner) KA THLEEN QUIGLEY NOTARY PUBLIC, State of New YOI1C No.01QlJ6124124 Qualilled ill SllIroIk ~ COmmission ..... """" as, 20~ ZBA App 9130/02 " ~Z)-j - 16- I . .....:;-vNER cz>' ~ \'~P-r~ . DRMER OWNER r=== Y K 2 . ~4.1 TOWN OF SOUTHOLD P"IOPERTY RECORD CARD / STREET?} b ~) E DISTRICT SUB. ~ LOT'0~ 71? _ I.l VILLAGE 'j ,~ N \ {:)/l.... ,- (; RES- LAND #/V' lJe!.;c / '2.. I cJ SEAS. S w /-'~- ~ ',.,....... Vl. FARM IMP. TOTAL DATE COMM. I IND. REMARKS I CB. I MISC. I Est. Mkt. Valu o 5hO .z N';'l!;> So 0 .j> ,/ d--rJ {l-YO 3 3-.-"... 3/////.3 loll. J.. L- e.:!Q 3 AG NEW NORMAL BUILDING CONDITION BELOW ABOVE Farm Acre Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK T- liable I -:table 2 Ti liable 3 Woodland Swampland -----..... ........ Brush/and House Plat 2.,su' d~ . - Total -if"' ""~~~ ,- :~~::~~t~;~~i:1;;~i;:' '" ,.;:..- .d -:i'i -~ ''"-'-----:. I~ <>--<""~~.J-f8 I I M. Bldg. J( 30 .5 fJ.$.! I' Foundation 2- ~Jo I Extension I,ST'f.e lie Basement I I (j :<. ! I -. Extension Ext. Walls '" Extension == Fire Place 4> ro ...30 <' .------- 21p. ..3 , I 10 70 Patio " , Go rage : , 't (; IH -;:'tfJ, Driveway -, O. B. ..~ I ! , , . I I . i ill )r .t ~I"':;f Jfi I . I ~ I It r~ I 1(1 ," I I ..' Ii( . " fil ! I j/,' -, I I : I .. IS i.s- 'I r SOIf ~.' ~. I I .!1.' I I , I i i , , I , I r- ~ I , I I. I I I I I I I I I ~ , .~ 3 / k-1=rf'.-e< "F- ~ ,8. ~<itL.'i') S I ",~ Interior Finish I Heat p .' I Porch Porch -, , i Both / Floors I r.Y""''--<'' &~i~~: ~ h_~ I r ~"i"-~'/" .d/ ~.L Roof Type Rooms 1 st Floor Rooms 2nd Floor Dormer ~ft(?_l- R'NT(,2! I\Ii- .'. .'!:....~ .- 'v - d <J. OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET It}\ Fe" II - 'I_.f, ,) N ; i ~ . j~ tJd~<-.L CM.-~ '-<-' r;) c.-a.f,... S RES. SEAS. FARM VL ~I TOTAL COMM. ,LAND IMP. DATE RE~RKS . VILLAGE DISTRICT SUB, LOT E , W , IND. , CB, I MISe. I Esk Mkt. Value $...00 00 I-c>./ AGE NEW BUILDING CONDITION BELOW NORMAL ABOVE Farm Acre Value Per Acre Value 'i1lable. 3 Vaodland wampland .- rush land lause Plot atal FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK , IS' 'f. ;;2 ~- 0 BUILDINGaMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic F onn N.Y.S.D.E.C. Trustees Contact. () Q Sw,-m ~n5 fOols '. L\: I \ lot e. '2./5>A- ." Phone: eo c..~ f'-+ U-f ,44,&lOU wnf3 TOWN OF SOUTH, \ BUILDING DEI' ARl.,~ENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork..netlSouthoId/ . PERMIT NO. Examined Approved Disapproved alc ,20_ ,20_ Expiration ,20_ ~ o,){\ Q.I\ u APPLICATION FOR BUILDING PERMIT INSTRUCTIONS L ~"(fJ!li~i1l~ji~;~~~~ te completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, aCCari . ale. Fee according to schedule. b. Plot plan showing location oflot 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 South old, 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, hous' ode, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ 8 'A\,.. Date m~1b 20 D(." '- Ph\\\p fu~ i JZ\/p6 kht10n Dy. ::3olkl-hO)~ ttil et-e- LSA l2oLt..vt p+ ~ \1178 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Co,,1Y~/' Name of owner of premises ';UlQ5 ~OI1 ~{. Sbv....-t'hold--. ~ llq" (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer I (Name and title of corporate officer) Builders License No. ;}..ILf I:;).. 1-4 Plumbers License :'Jo. Electricians License No. ,;2.[,10 l:1 Other Trade's License No. I. Location ofland.JlIl which prop,p;/ed work will be done: d- I V D ,,~ Oeo f) -p { . House Number Street S OIkl+lD I fA.. Hamlet County Tax Map No. 1000 Section , eOBlo,ck ef2.. Subdivision_ K ~~OV'\ ,~hO'l.e.S..,.,.::;;l-' <, :;lIlr~ Map No. (Name) ',' :" ". I ., ~L\ 1" ,.1 ' I."; .~tJ' ,i"fA -'lkb Lot d-y.. 0 0 Lot 2. State existing use and occupancy ;'fpremises and i a. Existing use and occupancy ') ( ded use and occupan., of prop osee )nstruction: ',1 e(lce b. Intendeduseandoccupancy ln6taJ( 11\9illlUlo. f66 J ,)..()'l-3Q mO~;n loJc..e 3. Nature of work (check which applicable): New B...;}J~OO I Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost ~.oOO / Fee (Description) 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specifY nature and extent of each type of use. ; 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8.. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO v - - 13. Will lot be re-graded? YES~ NO_Will excess fill be removed from premises? YES_NO v 14. Names of Owner of premises .phil ,t> foJrnu; Address.?.1106 ~~ ~..... Phone No. 7 ~5. Cjci/. q 7 Name of Architect ~ohnt>()(') Address illS w-... I> Ol Phone No 33h~1I05 Name of Contractor ~anll...41' KD~ Address tj ~ ~ Phone No. 7 LI/.l-f) loll " p~ 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 L- * 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 ) ~M(lt{~:[j(o~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the l()'/'\""d.cta....- (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 applicatiort are true to the best of his knowledge and belief; and that ttie work will be performed in the manner set forth in the application filed therewith. Sworn to before me this e @,of ~ 20~ JODA Notary Public ~ ~ / eri--L~ Signature of Applicant KATHLEEN. <wtGIoEv: HOTAIb' PUBLIC. StaiIt.of I\l4lw YOll\ No. 01QtJ81N124 ~ In SUlllllk QouI1lY Cominllllof1 E>oplnla Ap/il25. 20.lij /' !- J ~ ...... ) ./', ~ ,\LV-(' . . ,111."- \.." '- I J . \r) . \ \)'" t'~~ v' "-' i MARK W. WASMUND ATTORNEY AND COUNSELOR AT LAW 130 WALTON STREET SYRACUSE, NEW YORK 13202 TEL (315) 474-4628 FAX (315) 474-6624 132 ALBANY STREET CAZENOVIA, NEW YORK 13035 TEL (315) 655-2883 August 16, 2006 AUG 1 0 2006 I , f' Zoning Board of Appeals Town of South old 53095 Main Road PO Box 1179 Southold, New York 11971-0959 .-- Re: / (J 1 '1 61'>'- Variance Request - Philip Palmeri #5625 Dear Sir/Madam: I am the co-owner of property located at 2075 Reydon Drive, Southold, New York. I am in receipt of a notice for a variance hearing for Mr. Philip Palmeri for property located at 2165 Reydon Drive, which is adjacent to my property. I am writing in opposition to that variance request, and would like the Board to consider the contents herein in opposition to Mr. Palmeri's request for a variance. Initially, I would like to note that it is my position that the plan submitted by Mr. Palmeri is inadequate, and leaves several matters unaddressed, which could adversely impact my property. Firs!:, the plan submitted does not indicate the type of fencing which is intended. Secondly, the plan seems to indicate that the intended pool is approximately twenty feet (20') from the property line The plan, however, does not note the proximity of the intended fence to the property line. Lastly, the plan does not show the location of the mechanicals, and specifically, the pump and filter for the pool. If these are located outside of the fenced area, their noise and appearance could have a substantial adverse affect on my property. In the way of background, I would like to indicate that my family has owned my property since approximately 1939. I am intimately familiar with the Reydon Shores community. One of the primary attributes of the Reydon Shores community is the private and rustic nature of the community. To my knowledge, there are virtually no residences in the Reydon Shores community with an inground pool. This is largely because of the narrow sizes of the rear yards of most of the lots in the community. I should also note that the Palmeris are owners of a "double lot", and they have located their pool very close to our property line, assumably to reduce their costs, so as not to impact the driveway on their property. I should also like to bring to the attention of the Board, that the blacktopped drive, as shown on the survey, is largely not utilized in the area of the pool. The garage at the rear of the property has never been used to house a vehicle, and is used primarily for storage. In fact, the portion of the driveway to the west PLEASE DIRECT ALL CORRESPONDENCE AND DELIVERIES TO SYRACUSE OFFICE . . Southold Town Zoning Board of Appeals Re: Philip Palmeri #5625 Variance Request Page 2 August 16, 2006 of the property has always been blocked from access to the road. All owners of this property have always parked their vehicles adjacent to the house. Accordingly, there is no reason that the location of the pool, if permitted, could not be shifted further to the center of the property, which would reduce the impact on my property. The legal pre-requisite to obtaining a variance is hardship. I am hard pressed to determine what hardship can be shown to locate the pool as per the submitted plan. As previously stated, the addition of a pool would certainly not be consistent with the rustic and serene community of Reydon Shores. The Palmeris have eliminated many of the trees in the yard, to provide for the pool, and there is no provision in their plan for landscaping to reduce the adverse impact of the pool. In conclusion, I do not see any justification for the granting of a variance. There can be no hardship shown, other than the convenience of the applicant. As previously stated, the pool certainly can be relocated northward and eastward to reduce the impact on both neighboring properties. The only hardship in this event would be the cost to the applicant. If, however, the Board sees fit to grant the application of the variance, I would respectfully request that it be with the wnditions that the pool be shifted northward, any mechanicals be located to the north or east of the pool, and that there be sufficient landscaping to shield the pool from my property. Thank you for your consideration. Very truly yours, ~ ~~~ ---- Mark W. Wasmund, Esq. MWW/jr