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HomeMy WebLinkAbout5809 S 8 o R Grit ' 6LL14 114th-ea/De ) /4 APPEALS BOARD MEMBERS • rrri'''�F SUUry_ • Mailing Address: Ruth D. Oliva, Chairwoman rd $ Q Southold Town Hall Gerard P. Goehringer ,`r eo 53095 Main Road •P.O. Box 1179 111. 4 (' Southold,NY 11971-0959 James Dinizio, Jr. t� Office Location: Michael A. Simon i� r Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ' C'OU Worrrr� 54375 Main Road(at Youngs Avenue) eat Southold, NY 11971 http://southoldtown.northfork.net REC I ED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD F B 0 2006 Tel. (631) 765-1809 •Fax(631) 765-9064 �� sa Southold Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: February 2, 2006 PUBLIC HEARING DATE: January 26, 2006 ZB File No. 5809—JOHN O. and NINA Z. WINTER Property Location: 590 North View Drive, Orient CTM 13-1-5.1 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 41,907+- square foot described parcel is vacant, with 129.50 feet along the north side of North View Drive, 315.20 feet in depth along the easterly side line to the high water mark of the Long Island Sound (measured 6/26/03). The distance between the existing top of the bluff line to the front yard line along North View Drive is 112 feet. BASIS OF APPLICATION: Variances are requested under Sections 100-33 and 100-239.4A(1), based on the Building Inspector's October 7, 2005 Notice of Disapproval concerning an accessory swimming pool, proposed in a side yard instead of the code-required front yard or rear yard, and in a location at less than 100 feet from the top of the bluff or bank of the Long Island Sound. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants which to construct a new 16'x32' free form swimming pool along the eastern edge of their side yard with setbacks at approximately 25' from the front property line and approximately 55' from the top of the bluff that runs along the northern edge of their rear yard, as shown on the June 26, 2003 survey by Hillebrand Land Surveying, P.C. with the September 29, 2005 revisions for the proposed swimming pool. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: • { Page 2—February 2, 2006 • ZB File 5809—John 0. and Nina Z. inter CTM No. 13-1-5.1 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The topography of the site is such that the proposed location for the swimming pool would be well below the road grade and completely out of sight from off the premises. Extensive existing landscaping with native ornamentals, shrubs and evergreen trees creates further privacy from adjacent properties and the road frontage. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances from code required locations and setbacks for an accessory swimming pool. Due to the close proximity of the owner/applicants' house to the bluff, they have installed several leaching pools and drywells to direct runoff from ground water, gutters and downspouts in their front yard, westerly side yard and rear yard. The only available location for the proposed swimming pool is within the remaining easterly side yard. To further ensure bluff stability, they propose to locate part of the swimming pool in the southeast corner of their front yard to keep the pool as far away from the bluff as possible. The proposed pool will be set back 55' from the bluff, which is the rear setback for the existing house. It was also noted that houses to the east of the owner/applicants' also have less than 25 foot set backs in their front yards. 3. The variance granted herein is not substantial. 4. The difficulty was created when the applicant decided to construct a new swimming pool on a parcel of land that has limited building area. 5. No evidence has been submitted to suggest that the proposed swimming pool will have an adverse impact on physical or environmental conditions in the neighborhood. Written testimony dated January 25, 2006 from Polly L. Weigand, Soil District Technician with Suffolk County, states that "As the bluff is in good condition and the pool is sited as far as possible from the bluff, installation is feasible." 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an in-ground accessory swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Dinizio, and duly carried to GRANT the variances as applied for, as shown on the June 26, 2003 survey by Hillebrand Land Surveying, P.C. amended September 29, 2005, subject to the following Conditions: 1. Owner/applicants shall follow the recommendations made by the Suffolk County Soil District (reference to written report prepared by Technician Polly Weingard dated January 25, 2006 that a retaining wall of equivalent height to the vertical face created in the hill due to excavation necessary for the installation of the accessory swimming pool be installed against the dirt wall to ensure structural stability of the soil, prevent erosion and potential damage to the pool's structural stability, and to protect human health). Page 3—February 2, 2006 • ZB File 5809—John 0. and Nina.inter CTM No. 13-1-5.1 2. The owner/applicant agrees to install dry wells/leaching basins near the swimming pool to prevent disposal of pool water directly on the ground, over the bluff face or piped towards the bluff. 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), Dinizio, and Weisman. Member Simon abstained. Member Goehringer w sent. This Resolution was duly adopted (3-0). Ruth D. Oliva, Chairwoman 2/ F /06 Approved for Filing HEALTH DEPT. REF* RIO-02-0/82 - LONG ISLAND SOUND , N 84'4750..E 137.7/' ( TIE LINE ) HIGH WATER MARK 6/26/03 0' CO w ACV BOTTOM OF S _ vl Cr) ----------- 4. 0 O w O d 0 O - a 4/9071 S.F. \ Cc AREA oN — a u_ Z ----Cr)Q z cc CI 4 \-- a Q 3 Q 4 cc US M. 0 an Z. o • TOP OF BLUFF \ z 1 '�^ _ ` coAsTAI-----176-NLEEARos scNALED 1 HAZARD ONCBLOCK WALL m FO \\N C m • MON pi 'I. • TV.;0.89 TWB6.B9 0S lD 09AA BW.74.B4 8W.7569 BW.85.39 3' 015. ® l0'DIAE .' t0y\- 8 VFLEACH/NG 0 ORYWE 7 POOL W/ORA/N w 37 ROP. 3.18E 84 EL.80.1 vi, E .: 4 15' COPING TW 76.0.9 ------ 49.4' • W 1 I/2 STORY In 1 w 10. y[\ M \ 42.9 O N DWEL 9G70-. w 10 POOP BD/Ax F.F.EL - g0,03 23 2 �.. o l2 V.F. G.F.EL. L8'g.4 n 2. NO IO F�d DRY WEEL/LL 10.8' •O. 16. _ CV 0 • O W/DIEL.80.4 11.9'S'4_ . o c'. 4y -m 8 14 4J' 4 w \.fl r O B .8037bw / a_ T DI .ch OL Cr) oo. NCr) z• V L'; Sq. N N N j30' •O 1D lT\ g 82r o ----OD.. um CM 8WW88084 R o v Fps- EP.99.74 -S g'DIA. Z Z 3�5 10 V.FO a+ \ Aa N vv.,WOO /h EP.99.53 CL 99.98 W.86.6 ppLEa" V CL-99.53 pAVEMENT EP.100.16 o FD. -1 gW.85. 7r EP.90.86 NY T-5 +CL B6?3 +EP.99.42 MON . , �e m EP.96.12 UTJE�EP 8:20 +CL.91.00 �SO.00 32 WIPES OE CL.86.4I EP.90.86 //////� z PALE •-EpJ' 45 PUBLIC WATER+ • J6 nj np NYT-6 CL.82. 1N STREE7 EP.86. O/��7 1\7 z ` MON FpTB2.35 VIEW NORTH EASEMENTS AN/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT AT THE TIME OF SURVEY ME OFFSETS OR DIMENSIONS SHORN HEREON FROM THE PROPERTY LAVES TO ml STRUCTURES ARE FOR A SPECIFIC PURPOSE AM USE THEREFORE. odor ARE NOT INTENDED To MONUMENT THE PROPERTY LINES OR TO DUDE ml ERECTION OF FENCES ADDITIONAL STRUCTURES OR ANY OTHER IMPROVEMENT. NG VD/USG VD DATUM UNAUTHORMED AL VERA LION OR ADDITIONS TO TMS SURVEY/5 A VIOLA NON PER SUFFOLK COUNTY SEWER WORKS STUDIES OF SECTION 1209 SUBDIVISION 2 OF THE NEW YORE STATE EDUCATION LAW COPIES OF TIES SURVEY MAP NOT BEARING ME LAW SURVEYOR'S AWED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSOEREO TO BE A VALID TRUE COPY SEPTIC SYSTEM. WATER LINE .DR YWEL L S AND LEACHING POOLS PER OTHERS CERTFICA TEWs INDICATED HEREON SHALL RUR ONLY TO THE PERSON FOR MMM TIE SURVEY IS PREPARED.AM ON THEN BEHALF TO RE TIRE COMPANY GOVERNMENT AGENCY AND LENDING RISTITVIIOH LISTED HEREON OFFSETS MEASURED TO THE FOUNDA TION CERTIFICATIONS ER oS�SMT TRANSFERABLE TO ADDITIONAL AVSrIrUTMMS OR SURVEY OF DESCRIBED PROPERTY AT ORIENT • TOWN OF SOUTHOLD. SUFFOLK COUNTY. NEW YORK NOV 9 2005 SURVEYED: JUNE 26. 2003 SCALE • I" - 40' UNDER CONSTRUCT/ON.• JULY 17. 2004 ANAL: AUGUST 24. 2004 ADD PROP. POOL: SEPTEMBER /5. 2005 REV/SE PROPOSED POOL: SEPTEMBER 29. 2005 . ;cFOF NEw...... I-*,. - 1\\, A 0 * SUFFOLK COUNTY TAX MAP DISTRICT SECTION BLOCK LOT ` o4. 1000 /3 I 5. / �'s No. e HILLEBRAND LAND SURVEY/NG. P. C. So LAND sU I I CHURCHILL LANE. SMI THTOWN. NEW YORK TEL . ( 63/) 543-5/39 • • LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 26,2006 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY,JANUARY 26, 2006: 9:40 A.M. JOHN and NINA WINTER (Owner: MA TINE, INC.) - Variances are requested under Sections 100-33 and 100-239.4A(1), based on the Building Inspector's October 7, 2005 Notice of Disapproval concerning an accessory swimming pool, proposed in a side yard instead of the code-required front yard or rear yard, and in a location at less than 100 feet from the top of the bluff or bank of the Long Island Sound. Location of Property: 590 North View Drive, Orient; CTM 13-1-5.1. 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. If you have questions, please do not hesitate to contact our office (631) 765-1809, or Linda.Kowalski@Town.southold.ny.us. Dated: January 6, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski • • #7706 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Jean Burcion 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 weeks, successively, commencing on the 12th day of January , 2006 Pri 4.al Clerk Sworn to before me this ` ay of 2006 /Q /f G RISTINA VOLINSKI � 7.(4 WART PUBLIC-STATE OF NEW YORK No. 01-V06105050 'buamied In Suffolk County 'o.ne ;07r1 Expires February 28, 200$ tlACl //3 7/ f`"' and half bathroom (toilet and sink). construct,at property known as 13795 are not permitted in an accessory build- The reasons in disapproving the build- Oregon Road (right-of-way extending ing,and only one,single-family dwelling ing permit application are that the new from the north side of applicant's prop- is permitted on a lot.A Certificdte of LEGAL NOTICE construction will increase the degree of erty),Cutchogue;CTM 83-2-10.16: Preexisting Use was issued 7/5/2001 for THURSDAY,JANUARY 26,21106 nonconformance when located at less (a) barn (building #1) at less a single-family dwelling and"accessory SOUTHOLD TOWN ZONING than 3 feet from the side lot line and less than 75 feet minimum principal build- garage with living space above*."Loca- BOARD OF APPEALS than 35 feet from the front lot line.Lo- ing rear yard setback, tion of Property:East End Road,ash- PUBLIC HEARINGS cation of Property:4185 Camp Mineola (b) additions with alterations en Island;CTM 4-7-3.3(part of Lot 3). NOTICE IS HEREBY GIVEN,pur- Road,Mattituck;CTM 1000-123-5-26. to a nonconforming accessory garage The.Board of Appeals will hear all suant to Section 267 of the Town Law 10:15 A.M. GREGG and KATHI (building#2),for the reason that the ga- persons,or their representatives,desir- and Chapter 100(Zoning),Code of the ROBERTS #5817. A variance is re- rage is not entirely in a rear yard,and is ing to be heard or desiring to submit Town of Southold,the following public quested under Sections 100-243A and extended into a front yard,and written statements before the conclu- hearings will be held by the SOUTH- 100-244,based on the Building Inspec- (c) two (2) accessory sheds,an sion of each hearing noted above.Each OLD TOWN ZONING BOARD OF tor's October 6,2005 Notice of Disap- as-built and proposed,referred,to as hearing will not start earlier than des- APPEALS at the Town Hall]53095 prove]of an application for a building storage container buildings#3 and #4, ignated above. Files are available for Main Road, P.O. Box 1179, Southold, permit concerning additions and/or in a yard other than the code-required review during regular business hours.If New York 11971-0959,on THURSDAY, alterations to the dwelling.The reason rear yard. you have questions,please do not hesi- JANUARY 26,2006: stated in the disapproval is that the as- 11:25 A.M.MICHAEL and HELEN tate to contact our office at(631)765- 9:30 A.M. JAMES. NEUMANN built enclosure of an existing porch will REDDINGTON #5792. Request for 1809,or by email:linda.kowalski@town. #5822.A variance is requested under maintain a nonconforming front yard a Lot Waiver under Section 100-26 to southold.ny.us. Section 100-30A.3,bulk schedule,based setback,increasing the degree of non- unmerge vacant land identified as CTM Dated: January 10,2006. on the Building Inspector's October 20, conformance at less than 35 feet from 1000-104-2-7.1, from the adjacent va- ZONING BOARD OF APPEALS 2005 Notice of Disapproval concerning the front lot line.Location of Property: cant landidentified as CIM 1000-104- RUTH D.OLIVA,CHAIRWOMAN a building permit application to amend 2545 West Creek Avenue, Cutchogue; 2-7.2,basedon the Building Inspector's 7706-1T 1/12 Permit No.31483-Z for:construction of CTM 110-5-1. August 23;2005 Notice of Disapproval - - a new dwelling which will exceed the 10:20 A.M.GERI ARMINE KLEIN and its determination that the proper- code ropercode limitation of 2-1/2 stories for pro-. #5793: A variance is requested under ties have been merged pursuant to Sec- posed eoposed 132 square feet of apace above Section 100-231, based on the Build- tion 100-25:Location of Property:Cor the second floor and code-compliant ing Inspector's August 15,2005 Notice ner of Horton Road and Bittersweet stairs,at 750 Mill Road,Mattituck;CTM of:Disapproval concerning a request Lane,Cutchogue,containing 63,808 sq. 107-1-1. for approval of a fence shown on the ft.as merged.Zone District:R-40 Low- 9:35 A.M. TIM TRUJILLO and 12/13/05 survey,as-built,prior to recent Density Residential. PAULA DANIEL#5830. The Appli- changes. The fence exceeds the code 11:45 A.M.BARBARA and KIMO- cant-Owner requests a Special Excep- limitation of four feet whenlocated in NO THERMOS #5825.A variance is tion to establish an Accessory Apart- thefront yard,at 160 Sound Avenue and requested under Section.100-244,based ment within their existing single-family Sound Road, Greenport CTM 33-4- on the Building Inspector's October 20, building as provided by Section 100- 35.2.Zone District:R-40 Low Density 2005 Notice of Disapproval, amended 31B,subsection 13 of the zoning code. Residential. December 8,2005 concerning an appli- Location of Property: 580 Soundview 10:45 A.M.EDGEWATER II,LLC cation for a building permit to demolish Avenue,Peconic;CTM 74-2.6. #5815.A variance is requested under an existing dwelling and construct a new 9:40 A.M.JOHN and NINA WIN- Section 100-30A.3,bulk schedule,based dwelling with setbacks at less than the TER(Owner MA TINE,INC)#5809. on the Building Inspector's October 19, code required 10 feet on a single side Variances are requested under Sections -2005 Notice of Disapproval concerning -and less than 15 on the second side yard, 100-33 and 100-239.4A(1);based on the a request to amend a building permit, at 355 Sound Beach Drive,Mattituck; Building Inspector's October 7, 2005 and requesting variance relief exceed- CTM 99-1-19. Notice of Disapproval concerning an ing the variance limitations granted 11:55 A.M. JAMES.and KAREN accessory swimming pool,proposed in a under Appeal No.5330 concerning the HOEG#5821.A Variance is requested side yard instead of the code-required height of a dwelling which irregular under Section 100-31A,based on the front yard or rear yard;and in a location rootline exceeded 35 feet at its highest ,Building Inspector's November1,2005 I at less than 100 feet from the top of the point and included a bedroom designed. Notice of Disapproval for a certificate bluff or bank of the Long Island Sound. in space above the second-floor.This of occupancy to allow the existingone- L ration of Property:590 North View variance is for a third design,modifying story building to be used as a principal Drive,Orient;CTM 13-1-5.1.- and expanding the floor space above the office use,instead of an.accessory office 9:50 A./4 THOMAS LANDI#5816. second floor,exceeding the code limita- in conjunction with the former dwelling. A tarianee_tis requested under.Section tion of 2-1/2 stories,and modifying and use which was removed,at 15400 Main I0b'244,based on:the Buildingtwee- adding roof..angles which exceed the Road,Mattituck;CTM 114-9-1. tor's November 7,2005 Notice of Dis- code limitation of 35 feet.Location of 12:05 P.M.PAT IAVARONE#5829. approval concerning an application for Property: 63735 CR. 48 (a/k/a North A variance is requested under Section a building permit for a new swimming Road or Middle Road), Greenport; 100-30A.3,bulk schedule,based on the pool,which constructions will increase CTM 40-1-20.2. Building Inspector's November 1,2005 the building coverage of the lot in ex- 11:00 A.M. JON and KATHLEEN Notice of Disapproval concerning a cess of the.code's 20% limitation, at MARINO#5831.A variance is request- building permit ander #77810Z which 950 Waterview Drive,Southold;CPM ed under Sections 100-33 and 100-242, restricted the use of the attic to"non- 78-7-28: based on the Building Inspector's De- habitable" area. An application has 9:55 A.M.SUSAN ROGERS GRUN cember 14,2005 Notice of Disapproval been filed for a building permit for the #5824. A variance is requested under concerning a building permit applica- as-built alterations which modified the Section 100-239.4A(1), based on the tion to construct an addition to the non-habitable attic area to living space Building Inspector's November 15,2005 existing accessory garage. The reason and converted the floor above the sec- Notice of Disapproval concerning a for disapproving the building permit and story to a third story,exceeding the building permit application to construct application is that the construction will code limitation for 2-1/2 stories an addition,for the reason that the new increase the degree of nonconformance 12:20 P.M. GEORGE and ELIZA- construction will be less than 100 feet when construction will be in the side BETH IRELAND #5814. A.variance from the top of the bluff or bank of the yard area of the existing accessory ga- is requested under Sections 100-31A Sound,at 57305 C.R.48(a/k/a Middle rage,instead of the rear yard.Location and 100-242A,based on the Building Road or North Road),Southold;CTM of Property:10105 Soundview Avenue, Inspector's September 26,2005 Notice 52-1-6. Southold;CTM 54-8-5. of Disapproval concerning a requested 10:00 A.M. PHILIP MILOT #5705. 11:10 A.M. TIMOTHY STEELE for a building permit to construct an Variances are requested under Sections #5618. (Continuation from Variances addition and as-built alterations to an 100-33,100-242,and 100-244,based on are requested under Sections 100- existing accessory building with living Zeticze ter/ the Building Inspector's November 21, 31A(2)(c) and 100-242A, based on space.The reasons for disapproving the 2005 amended Notice of Disapproval the Building Department's April 23, building permit are that the addition concerning a proposed second-story 2003 Notice of Disapproval, amended will change the intensity of use,increas- addition and alterations to the existing January 28, 2005, concerning a build- ing the degree of nonconformity, and one-story garage,for a recreation room ing permit application for the following the as-built additions and alterations FORM NO. 3 "276 4-6)0 NOTICE OF DISAPPROVAL %AO�UO DATE: October 7, 2005 TO: MaTtnelnc PO Box 1925 LAJ Isltrp;) Southold, NY 11971 AIOV Please take notice that your application dated October 5, 2005 9 2005 For a permit fug an accessory ingrotmd swimming pool at Location ofpropeify: 590 North View Dr, Orient County Tax MA p No. 1000 - Section 13 Block I Lot 5.1 Is returned herewith and disapproved on the following grounds: The proeosedacs_elsory swimming pool situated on this 41,907 so. it. IoI,is not permitted eurtu_ant to Article III,'Section 109-33 which states' "In the A-C Duta't & Low Density Residential District, accessory buildings structures oratber acceysofuses shall be located in the require4seaupthubiect to the following rcguircmcnts• C- In the case of waterfront cartel. accessory buildings & structures may be located in the front yard.royided such buildings meet the frontyard setback requirements as set forth by this c le. lrt addition, ner1Q9-239.4(1), all strubtures located on lots adi went to sounds_ shall be setback not fawertban 100 feet from the top of such bluff or bank. • The survey it$j cues a cool to be located in the sideyard at a proximately 25' from the front propertyrliNz land approximately 55' flora the top of thse bluff. • /2 , q Author ec Signature • APPLi TION TO THE SOUTHOLD TOWN OA OF APPEALS For Office Use Only (51"017 Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: 100/‘ VIC) t) , d i- .1 Y—uv) OV W n5 Parcel Location: House No.5 /rO Street a(/ g /-j (1ILW DRI t(Hamlet ng WMT R SCTM 1000 Section 13 Block / Lot(s) .5 / Lot Size 1, Zone District i eilO I (WE) APPEAL THE WRITTEN DETERMIN ION OF THE BUILDING INSPECTOR DATED: • pp ( n ,occ.{loObeh 7, al ocC LJnat ln(4 4nc .) conifookti Ar ea tJOt( ) Oflp 0, W/1J7-e2 4 NIAIA %, \AJ/MT6K Mailing 4 AMOR LANG Address: N/STONY ,I3RO ( �/1 y. /1770 Telephone: 631/75 -11-757 Ff1 K : 9 `11- ✓�y .29-e30 / ca((: Gig - Q97—'73 `7I NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract v ndee,etc. C t �n�rs `. T/N2 -T-,v C � �° .,�arwJ 6/ue 7.v d u Address: f'o 4o)( 1720 .'t N : /l 9 7/ Telephone: 63/- 5 Sc3 - y 3/9 Pleas/ specify who you wish correspondence to be mailed to, from the above listed names: Applicant/Owner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED oc$obert 1, aocS FOR: Buiiding Permit El Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use ❑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 Section 100- Subsection Type of Appeal. An Appeal is made for: MA 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. ❑Interpretation of the Town Code,Article Section ❑Reversal��al/or Other A prior appeal[N7tas❑has not been made with respect to this property UNDER Appeal No Year_-� /Q� i� t AF coq . • Page 2 of 3 - Appeal Application 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: t XISfnkRu - AND FIR.0 LAND SCApAv7y Foe-/AGC AND A Lowen CGe-vATiad 'coat THC- //v-612004 Foot. ,t-Ropl BerT//ESl GET APA THC pAUPEkry To pie iaMT w/Lc AtA/PrAbv PRIVAC)f (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: Ale OTNef AI-TEKAA 711/67,. •ALSO c-SISTiv&- pousc TS" SS FT Mom bt UPI AND Houses To TEC" CAST/-/Avc L ESS ' 7/tA✓ A 25-FT. 'clean)T YAKD (3) The amount of relief requested Is not substantial because: _SIM JLAR To 6/4404/v<r I.oTs (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SMALL PRo7&cT (5) Has the variance been self-created? ( ) Yes, or (.4 No. If not, is the construction existing, as built? ( ) Yes, or ( '4 No. p e- C-K/S T/t/G/A ,/ C'c, Forem i er (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) TIDE pRoposr/ PAorr-c( /S TYPICAL /✓ 7Wc ARV:A A-b THcs SORfnin'tni . �oTS /_Lv, TNete; AIWA-KS To NAVE NOT SfgoWP Ne:7c t7/r/cs /g1PAC7S, This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects 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.) Otherwise, please proceed to the signature anc{ notary area below. r /rt. a c-✓-Q ///9/u )� Signatufe of Appellant or Authorized Agent .7°'1 Sworn to before me this (Agent must submit Authorization from Owner) dayir C l ( 20 (Notary Public) Y x aS ' CAVETA WINSKI A/r 1 , IvJ NT F/2 Notary bSt New WitNoIIJ State CommissionlExpiresuMay 27,20 ZBA App 9/30/02 !040—/3 -/ r/ S TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER cruEE7- 590 VILLAGE "DIST. SUB. LOT Ma Vire ) iG OF/ eh t 9— beJ'c , FORMER OWNERn E ACR. ILL I, J dvnd J ova fare 40001 SW W . TYPE OF BUILDING �&na bail /V(5/-// Vie 14/ ,l�1-,lie . 11( .1. a.a%r RES. SEAS. VL.,,,2ri< FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ,t J.;//7 ie to i. fA2 7�y�0 ' c ,.ny., s 1'7.'0 : 3000 2 04 j r/2D/ r (4iq)o BP 30119 rtwd�.u�,f►lcr� 4Lootd 9too \3, 300 ‘I 12_12.00S-.. (011104 — L 17330eg5/7--)DI 1 J-1-d Ma-1 S (0o0 coo • 32- : y (fQp 02c05-) Tillable FRONTAGE ON WATER /3 f f :3aaa Woodland FRONTAGE ON ROAD /5/0 4',-, DEPT�C ' Meadowland �}� 7 ve�„s,e) 32 2. &t House Plot BULKHEAD r Tota I OLOR 4-a , TRIM ereram�_ -- -- ■■" ■■■■■■■■■■■■■■■■ ■■■■ ■■■ ■■■■■■■■■■■■■■■■■■ _ .........1.11111111111111.11111111111111111111111...1111111. •■■US niiMni■l■■■■■■■_l■■■■Ii■ MO■■t�M■■■wg auu•■■■■■ ■■■■I■ _ ■■■■!ignli11�i■r_l yl■■■■■■■■■■•■■■■I■ NUllS■■lhll d■i ■■Ufl111MII ®NI Ul■■■■■■■U■■■l I■■■■U■■■■■■� : •*■■■©■!�■ fFiflFJ■■■■■■■■■ fEJ■■ INEM IBINIU ■e■■■■■■■■■■MIIIMIE uu■■■■■E■■■■■_■■■_■■■■■■■■■■■ _ nII■ ■■■■■■■■■ e■■ ■■■■■■■■■■■ 13:1-s.' 1/05 ■1■1■M■■■■■■■■■■■■■■■■■■■■■■■■■ g S■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Y M. Bldg. ewa 5'X 8 3Ao 5(oO 4°0 22'f o l■■■■■■■■■■■■■■■■■■■■■■■■■■■. Extension 1- X IB • 2 �inlainE��a��ilin���� �linlin j ■C■■■■■■■■■■■■■■■■■■■■•■■■■■■ n— I-+^+4 L:.w6 y 4 Y 8 = 6 2_ l■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Extension 4,,, s, 0.Y q g k la g11 41 '5 3°o4a Extension 1 in-0V.)- I I i 1 p % Y29 in —- �"t ''a\Cued) 22�v5' � t12,3 2 c 58 2- 5 25217 Foundation Both Dinette C Porch Basement Floors OnVEIvJ K. V I Ext. Walls Interior Finish LR. Porch 3Y i3 = 39 5o Z5 38 Ct6o i S� ��e. Breezeway Fire Place "1e Heat a-\\ DR. Garage „ Type Roof Cts,,,, 9.,freft Rooms 1st Floor BR. 3 Pstig Ac Scb-r9 RReeccreation Room Rooms 2nd Floor FIN. B O. B. etog 5 partner Driveway \-3_0,4 Total . - G\ V Yv 3D TOWN OF SOUTHOL ? !S BUILDING ft APPLICATION CHECKLIST BUILDING DEPARTM Do yo need the following,before applying? TOWN HALL ^"T 6 20(15 Board of Health SOUTHOLD, NY 11971 ' `l 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 /0/7/r /c..t . Phone: Expiration , 20 Building Inspector APPLICATION FOR BUILDING PERMIT rr Date v (o , 20 03— 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. /y(fETINCJJ/// /vC ture. e of applicant or name,if a corporation) f.0,1 BO7C / 9/ ZS (Mailing address of applicant)!���/ SOU r/ao�0. . II State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder 0 L' A-'Gprl MAP-L/6-Name of owner of premises M AP-J/6- /!/C; (As on the tax roll or latest deed) If ape icant is a/orpor.`on, si a .tur- if duly authorized officer -t:. e 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: c520 //C4-iJJ V/&-' P%74-/C (5 i-/6 yr House Number Street Hamlet County Tax Map No. 1000 Section f —Block Lot Subdivision �C.SC/t/one 0 iloPe2 T y' 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 £E.5)p T,2i&/-- b. Intended use and occupancy /t.&(l)C5w7/A c- 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work /a± $ 32 IL! &/?OU0 (Description),00c 4. Estimated Cost #75-000 vim LAPPSC4 /"''Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units / Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front t Rear Depth 10. Date of Purchase c2 UCS'f Name of Former Owner 6. , DOL L 11. Zone or use district in which premises are situated ft t S i 0 cWTft (-- / 12. Does proposed construction violate any zoning law, ordinance or regulation? YES V NO 13. Will lot be re-graded? YES NO 'I Will excess fill be removed from premises? YES /NO 14. Names of Owner of premises att(T/Pk> /Y( • Address /0, te7,c. / 2}Y! Phone No. ‘-.5--C2-20 Name of Architect Address .OU T A/. Phone No . 9 S -- Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES v 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 S'ufftu-k) h/{,t,/ L , /-104 f00 being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (5)1e is the /)(2)1,671.. (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. Swo tQ beforeday meoof this C T CtZ* 20 U ( „.. �!/`� Notary Public Signa ure of •Applicant -2YI<icc-d. c27 c900(0 •,o. CO2'0.65 M,.O.60' • • 1.06161 7.9 c x, 2.94([1 ]. 01 0; „„ v. mac' .a x9 2 act IC / ..n % 6 6.20 s0 1.11 8.39 m 1.71 `5p1.. '5 6.16 1.L a "° N•n n• 6.2 8.11 1• 22.10161 L 8.16 •',-0- 70 6.11 i 2 O Loud n• L166 ' "• x o �� a. S es 660 •wO 8 4. 8.15 nu 8.25 df 101[1 C 13610 1 yc 8.12 2 ? • illi 1.661[1 C 10.2 �� a' 15x1 • C ® 3.66 ti 1.161[) •• 1 1 e.11 EOq V[t.W. ,,: FOR Pa.M. : : CPENT °jB SEE SEL M. SFE SEC.N1 ov-0l-0]oa SE SEC.11 2Q o a,•� COUNTY OF SUFF __ ,,Real Property Tax Sen ,,,D,„,,,, •_ 1 1 e1 0 Sr v TEE-m THE r; County Center Aivernead,I ——.4--. w �. k .:-. "— atifit1tare cs _ r v o 61[0 Y _ 4,4 •$` - SCALE IN FEEL uo.o. so 1 EH E,a�HEE 4117 4®� doe 0, 3.. ' .'65 .D S 12-4- 2.0 a1° COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING February 23, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: 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 disapproval. Applicant(s) Municipal File Number(s) Redman, Monte & Carolyn 5704 Raynor, Mary 5711 RQA Properties LLC* 5759 Montauk Bus Service 5778 Kosmynka/Tide Group 5779 Sznurkowski, Alexander 5786 Caudullo, Simon 5787/5801 Johnson, Pat &Barton 5788 Zevits, Michael 5789 Martin, James &Denise 5794/5742 Hansen, Cheryl 5796 Marron, Thomas &Mary 5797 Rodriguez, Roy 5798 Corcoran, Robert & Josephine 5803 Roses, Dennis 5806 Winter, John &Nina 5809 Hommel, Anna; Righi, Nancy 5812 Baker, Christine & Jonathan 5813 Ireland, George & Elizabeth 5814 Thermos, Barbara 5825 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE.NY 11788-0099 TELECOPIER (631)853-4044 • COUNTY OF SUFFOLK. Steve Levy SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J. McMahon CONSERVATION DISTRICT DISTRICT MANAGER FAX:(631)727-3160 (631)727-2315 January 25, 2006 Chairwoman Ruth Oliva Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971-0959 Dear Chairwoman Oliva: ✓1/ . tA)1 A-Te.- " As requested by your office, a site visit was conducted on January 24, 2006 for ZBA 5809/Suffolk County Tax Map # 1000-13-1-5.1 to review the site for a proposed pool. The house is fitted with gutters, downspouts, and dry wells, which are effectively directing runoff into the ground.The stone retaining wall on the north side of the house appears new and is in good condition. Beach grass has been planted on the bluff side of the wall in an area disturbed by the installation of the retaining wall. The bluff is fully vegetated and in good condition. As the bluff is in good condition and the pool is sited as far as possible from the bluff,installation is feasible. The proposed pool is sited along the eastern edge of the property between the property line and the house. At this site,previous excavation has occurred into the slope of the hill in order to site the house. To stabilize this soil,a 3-foot slate retaining wall with landscaping has been installed. To facilitate installation of the pool, the landscaping and stonewall will need to be removed and f ur her excavation into the hill will be required. At least an 8-foot high vertical face will be created due to the excavation. Therefore a retaining wall of equivalent height of this vertical face should be installed against the face. Such action will ensure structural stability of the dirt wall,thereby preventing erosion and potential damage to the pool's structural stability while protecting human health. Due to the close proximity of the house to the bluff, efforts should continually be made to protect the bluff integrity from pool water and landscaping activities. Pool water should never be discharged directly on the ground,over the bluff face,or piped towards the bluff due to the erosive damage that such a large quantity of water could cause to the stability of the bluff and house. Therefore, dry wells/leaching basins should be installed near the pool to allow for proper disposal of pool water. • • Lastly, no additional clearing or cutting of the trees (i.e. removing trees to improve the view) should occur on the bluff side of the stone retaining wall located on the north side of the house as this could initiate bluff erosion. Additionally, no paths should be created down the bluff face to provide access to the beach as this would destroy vegetation, channel storm water runoff and cause soil erosion. If you have any questions regarding our site visit and information provided, please do not hesitate to contact our office at(631) 727-2315 x3 between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday. cerely: lly L. eigand Soil District Technician 01/56/2006 11:25 6317E59E1E4 ZBA rH" 1' jom /Pi/at- !, • , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK • --- -- _-- -__--- X Tn the Matter of the Application of AFFIDAVIT N....70@// t rr/e /1/m/A- �i///✓7-F OF SIGN (Name of Applicants) . yPOSTING 'C Regarding Posting of Sign upon Applicant's Land Identified as 1000- /3 - / - 32 / X COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, ,X,4V 47(1TER residing at 570 A9 T// 14w &r vt6- ©// AfT ,New York, being duly sworn,depose and say that: On the Kr day ofJ v69-QY ,a Q(96, i personally placed the Town's official Poster,with the date of hearing and nattIre 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 /1.6.2pAg_y_e_16_1_1_,0.2G )4//- (Signature) Sworn to before me this /9 day of J el-ev ,200 ,. _.:_..... o+- f ELISEO PONCE Z Notary Public,State of Florida I i' My comm, expires July 1, 20071 ..411111 - No.DD 228000 otary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby VA-A.(4-iV6 4,,z( a,V S-80 John O. Winter Nina Z. Winter re: Variance Application Number: 5809. 590 North View Drive, Orient, NY 11957 SCTM 1000, Section 13, Block 1, Lot 5.1 Date: Thursday, January 26, 2006 John O. Winter Nina Z. Winter 4 Manor Lane Stony Brook, NY 11790 cell: 631-987-7371 fax: 941-924-8301 e-mail:johnandnina@earthlink.net 1 '1'1101 January 26, 2006 Zoning Board of Appeals, Town of Southold Linda Kowalski, Board Assistant 53095 Main Road Town Hall Building P.O. Box 1179 Southold, NY 11971-0959 re: Variance Application Number: 5809. 590 North View Drive, Orient, NY 11957 SCTM 1000, Section 13, Block 1, Lot 5.1 Date: Thursday, January 26, 2006 Dear Town of Southold Zoning Board of Appeals and Ms. Kowalski, We would like to inform the ZBA that the Owner of this property has changed. We closed on the property on December 7, 2005. The names on the Deed are as follows: John O. Winter Nina Z. Winter We were the applicants for the Variance. Kindly mail all correspondences to us at the above address in Stony Brook. Thank you very much. Very truly yours, ite-C- v '11/ 6---- John O. Winter Nina Z. Winter Susan Whitney Simm David M. Szczepankowski 740 Northview Drive Orient, NY 11957 - Dear Southold Town Zoning Board, As we are unable to attend today's meeting, we are writing in response to the notification we received of a hearing scheduled for Thursday, January 26, regarding the installation of an in-ground swimming pool on our adjacent neighbor's, John and Nina Winter's, property in Orient. We have no objection to this installation and believe that it will enhance property values in the neighborhood, and we like the fact that the pool's proposed location is at least as far back from the top of the bluff as the existing house is. We also believe, given the sensitive attention to their sound front site that the Winter's have already demonstrated by planting native grasses to prevent erosion on the top of the bluff, that the installation of the pool will be orchestrated with the same care. Please do not hesitate to contact us for any reason. Thank you, Susan Whitney Simm David M. Szczepankowski Susan's cell: 631-921-0040