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HomeMy WebLinkAbout6127~~ 1 c_. r1 C=/D~'~G `; Ham:.-. 3~ /1~)J/~F~-~-> `~ ,~ .. tk-. ~ ~ <r,~:?l~ - ,/~~i~t?itxv5;a.<75. ,SF`,~ °r`r7~~;'s9,(~~U t3 c:: c_.y< .f~Z~~t~~.C~ ~~~,Pn 1~,Jc=, ~:i>-'-;}r} (;& ~ SE;%~rlc:: ~~~~ u~/i,cTRr~ . ~`lr~/o~ pia ~ -~°r,,v~ ~y~.~ -~,~~~a ~i a~a ia~ ~~x jai G~/ av ld pig .Zk~'u,JS ~3. u P~ a/a5'~~e'~ ' S`~.?~~D~'~ ~pP w~~.~~SS~P~Z.~ a, APPEAIsS BOARD MEMBERS. Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ,~,'~OF SOUj~O~ a ~ ~~0,~ ~~y00UNT1,~",~' http: //southoldtown. northfork. net • Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED `t- Tel. (631) 765-1809 • Fax (631) 765-9064 ~ ~ ~ AMY 2 2 2008 FINDINGS, DELIBERATIONS AND DETERMINATIO (l MEETING OF May 8, 2008 SOUthOICI OWp Clt~l'K ZBA # 6127 -PAUL and MAUREEN CACIOPPO Property Location: 735 Jackson Street, New Suffolk CTM 117-9-6 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 review under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 134,055 square foot nonconforming parcel is located in an R-40 Low-Density Residential Zone District with 100 feet along Jackson Street. The property is improved with asingle-family dwelling and accessory cottage building. BASIS OF APPLICATION: Requested are variances based on the Building Inspector's Section 280-124, based on the Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in-ground swimming pool, which will exceed the code limitation of 20% lot coverage. ADDITIONAL INFORMATION: The property is improved with a house and accessory cottage building, which were the subject of variance under # 6020 dated 5- 30-2007. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 2008 and April 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The Applicant's original application proposed an accessory 18' x 30' in-ground swimming pool, which was denied for the ' Page~2 -May 8, 2005 • • ZBA #6127 - P, and M. Cacioppo CTM 117-9-6 reason the lot coverage would be 23.4% instead of the 20% code limitation under Section 280-124. AMENDED VARIANCE RELIEF REQUESTED: On March 19, 2008, the applicant by their agent submitted an amended plan dated March 12, 2008 as an alternative, showing a reduction in the size of the swimming pool from 18' x 30' to 15' x 25', and reducing the lot coverage percentage for more conformity with the code requirements. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law &267-b(3)(b)(3)(1). Grant of the alternative relief, as amended by applicant, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In discussions with the applicant over the excess lot coverage and neighboring concerns, the applicant made the following amendments to their proposal: Evergreen scrubs will be planted and maintained along the rear fence and at least 15 feet along the wood fence, along the east wall of the pool. The pool heater and pump equipment will be placed at the east side of the pool and will be soundproofed. The water to fill the pool will be brought from an outside contractor. There will be an overflow well for drainage of the pool water. The pool size will be reduced from 18' x 30' pool to 15' x 25'. The lot coverage as amended will result in a maximum of 22.1%. This alternative reduces the variance relief and screening will provide visual buffers so that it is not easily visible from adjacent properties. The 22.1% lot coverage is the maximum the Board will approve. 2. Town Law §267-b(3)(b)(2Z The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than as area variance. 3. Town Law &267-b(3)(b)(3). The relief that was requested for 23.4% lot coverage is substantial. The amended requested for 22.1% lot coverage is less and will provide greater conformity to the code requirement, and will result in a smaller pool of 375 square feet, of which 274 square feet is over the code limitation of 20% by 2.1%. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created insofar as the applicant desires to build an accessory swimming pool. 5. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that the relief as granted for alternative relief will have an adverse impact on the physical or environmental conditions in the neighborhood. Page'3 -May 8, 2005 ~ • ZBA #6127 - P. and M. Cacioppo CTM 117-9-6 6. Grant of the alternative relief, as amended, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool, while preserving 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 Oliva, seconded by Member Weisman, and duly carried, to Grant the variance as amended, as shown on Map SP-1 (Project No. 0643) last- dated March 12, 2008, prepared by Peconic Permit Expediting, subject to the following Conditions: 1. The existing stockade fencing shall be maintained at a height as exists of 6 feet tall, and evergreen scrubs shall be planted at 4 ft. separated intervals, 6' to 8' tall, continuously maintained along the west and north borders. 2. The pool shall be open to the sky (not roofed over or enclosed). 3. The pool shall be fenced in, as per Codes. 4. No outdoor lighting of the pool for nighttime use. 5. The landowner shall plant evergreen scrubs along the northern border and at least 15 feet along the eastern fence wood fence near the east wall of the pool. 6. The pool equipment (pump/heater/filter) shall be placed at the east side of the pool and shall be soundproofed. 7. The water for the pool will be brought from another location by truck or other contracting service, and shall not be from the owner's premises or a well. 8. There shall be a drywell for overflow of pool water and proper drainage. 9. The pool size shall be reduced from 18'x30' to 15'x25'. 10. The lot coverage is limited to a maximum of 22.1%. That the above ZBA conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This Page~4 -May 8, 2008 • • ZBA #6127 - P. and M. Cacioppo CTM 117-9-6 action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: and Weisman. This Reso Oliva, Dinizio, Simon, GERARD P. GOEHRING , CHAI MAN 5/ ~ /2008 ~ Approved for Filing .FORM N0.3 NOTICE OF DISAPPROVAL TO: Peconic Expediting (Cacioppo) 32645 Main Road Cutchogue, NY 11935 DATE: December 27, 2007 Please take notice that your application dated December 19, 2007 ~-(°,~~~~~d~~ For permit to construct an accessory in-¢round swimmin¢ Wool at ,JAN 1 0 2008 Location of property 735 Jackson St.. New Suffolk. NY ~-~~a BOARD OF APPEALS County Tax Map No. 1000 -Section 117 Block 9 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 200-124. which allows a maximum lot covera@e of 20 percent Following the proposed construction total lot coverage will be 23.4%_ CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. Authorized Signature SURVEY OP PROPERTY SITUATE: NEW SUFFOLK TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 07-23-2007 SUFFOLK GOUNN TAX # 1000- -117 - 9 - b CtfltTlf+1~TO: CACIOPpO LlVIIiO TRUST WE~~ LL 0 ~m ~~~ o~ u a~u 0~ OW 0 ~ J ?~ zLLJ 43 z U 0 Q:-. Cp; 2 2~ J ~Q ~~ 0 Nt° a 3~ N~ ti / ~rq~ - _ 3,„ OI ~' I WELL 0 ~- w ~ = J oO U H O ~,~ 2 V~ a OZZ -~ Q ~ 30 0~~ z 3 0 0!~ ~ z ~Q _ ~. y'Y,rv', IgND NSW o ARRoN A RMERLY DWE~IING N7' ';car Cp,. °Rh~ .,~, n ~, " + P%: i/ r ~N ~° ~ ~~° e.~,. !. yArER WE<<lN~ l$G+Arp P2pt/C NOTES: ~ MONUMENT FOUND ELEVATIONS REFERENCE SUFFOLK GOUNN TOPO MAPS AREA = 13055 5. F. OR 0.299'7 Acres GRAPHIC SCALE I"= 30' _ _ ~~' JOHN C. EHLERS LAND SURVEYOR 6 BAST MAIN STRBBT N.Y.S. LIC. N0.50202 RIVHRHBAp, N.Y. ll901 369-9288 Fu 369-8287 RBF.\\Co mPa9~'oAP~oe~07\07-179.pro N WE S APPLICATIO•O THE SOUTHOLD TOWN BOART~ APPEALS Fee: $ Filed Office Far Office Use Only L Date Assigned/Assignment No. House No. 73s Street ,/a G ~ Sow ~~/ce T Hanilet, APPEALS SCTM 1000 Section 1 ~7 Block~Lot(s) 6 Lot Size ~ 3 OSS Sf Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~2 - ~~ - O 7 BASED ON MAP DATED /1- / 8- 07 Applicant(s)/Owner,(~s): iG Q a //I/tau t'G G.cG//~a MailingAddreAss: V; ~, UO X ~ ~ -/ ~ ~Gw Syt Telephone: /2~' IBS Fax#: Email: 6 NOTE: Ia addition to the above. please complete below if application is signed by applicant's attorney, agent, architect, builder, conth5ct vendee, etc. and name of person who agent represents: , Name of Representative: PCCO-1 tG Ps~mr ~ tr.~„~~ for (X) Owner, or ( )Other: Agent's Addr-e7ss:_ ~2e 0 ~S /~Gti i it ~Dl , /i y~Gh D~ ~ ~, iyy~ ~J9.~.S- Telephone / 3~- 6 J~ ~~ Fax #: 7~~ 'Z17~ Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: ^ Applicant/Owner(s), or Authorized Representative, or ^ Other Name/Address below: WHEREBY THE BUH.DING INSPECTOR REVIEWED MAP DATED IL -/~ - O7 and DENIED AN APPLICATION DATED 1L -/8 - D 7 FOR: ,14(Building Pernut ^ Certificate of Occupancy ^Pre-Certificate of Occupancy ^ Change of Use ^ Permit for As-Built Construction DOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleXX11) Section 280- _ /Z 9- Subsection Type of Appeal. An Appel is made for: J~A Variance to the Zoning Code or Zoning Map. ^ A Variance due to lack of access required by New York Town Law-Section 280-A. ^ Interpretation of the Town Code, Article Section ^ Reversal or Other New (; A prior appeal(has , ^ has not been made at anv time with respect to this orouerty, UNDER Appeal No.6~Year D 7 (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Pao l •Mw/eG// Cd G/0~~ ~ ~ File # REASONS FOR APPEAL (additional sheets may be used with prenarer's strnature)• AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: /-~GR ~jG 5eo G' ~tGCI~ ~ , (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: ~~GG~St~' SGC ~C~~QGiiCe~~ (3) The amount of relief requested is not substantial because: ~ Ple~sL 5~~ a~~~i~~~ (4) The variance will NOT Gave an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: /IliaSG 5GG .f>~Taci1G~~ (5) Has the alleged difficulty been self-created? Yes, or ()No. Are there Covenants and Restrictions concerning this land: ^ No. ~ Yes (please furnish copvl. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUES , A PL E COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to cons r a ey.) gnature of ppe or Authorized Ageat (Agent must submit written Authorization from Owner) Swora to ore me this ~" day o~ 20 0~. ~~ Notary Public PETER R. MCOREEW NOTARY PUlLIC-STATE OF NEW YORK No. 02MC61 J 1314 Gualifled In Suffolk County My Commitalon Expires August 00, 2004 G°3G~C~MCD JAN 10 2008 BOARD OF APPEALS PECONIC PERMIT EXPEDITING Building /DEC /Variance /Marine 32645 Main Road • Cutchogue, NY 11935 E-Mail neconicnermitsG~oMOnline.net Ph 631.734.8361 • Fx 631.734.2276 ~ f~~~l ~~ ZBA Questions - Cacioppo 735 Jackson St 1.) Due to the fact that the structure proposed is an in ground pool, there is no mass or architectural elements to be detrimental to the community. 2.) Due to the location in the rear yard, and the existence of a previously permitted structure there is no other alternative but a variance. 3.) The amount of relief is minor as this is a pool application, and not a structure. 4.) There will be no impact since this structure is to be placed in the ground. APPEALS BOARD MEMBER Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ,~,'~ OF SOUTyo~ '~ ~ # • ~~0~ ~~y00Urfi'r,~.,o~' Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1 179 Southold, NY 1 1 97 1-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtow n. northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1509 • Fax (631) 765-9064 ~ May 21, 2008 i '~~~ Mr. Robert Lehnert Peconic Permit Expediting 32645 Main road Cutchogue, NY 11935 Re: ZBA # 6127 -Variance Determination (Cacioppo) Dear Mr. Lehnert:: Please find enclosed a copy of the variance determination with conditions, rendered by the Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed variance with all the required maps at the time of submitting your application to the Building Department for a building permit. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision 5/21/08 to: /Building Department j ~yj ~a ~T.~4calt ~,a~er7;*. f ~ ~ P CONIC PERMIT EXPEDITING Building /DEC /Variance /Marine 32645 Main Road • Cutchogue, NY 11935 E-Mail peconic°ermits(~~ootonline.net Ph 631.734.8361 • Fx 631.734.2276 ' U ~~"~ MAR 19 203 BoazdofAppeals y;atl~0~ ~(p/„2 Town of Southold ~ / 7 BOARD OF~PPEALS P.O. Box 1179 Southold, NY 11971-0959 RE: Postponed hearing -Revised plans Paul and Maureen Cacciopo #6127 To the Zoning Boazd of Appeals of the Town of Southold, Mazch 19, 2008 Regarding the request for a vaziance under section 280-124, based on the Building Inspector's December 27,2007. And Notice of Disapproval concerning the location of an accessory in-ground swimming pool, which will exceed the code limitation of 20% lot coverage, at 735 Jackson St, New Suffolk CTM 117-9-6. The attached plans are revised to address the concerns of the boazd: 1.) Illustrates proposed wood fence and shrubs to mitigate/buffer minimal pool equipment sounds. 2.) Provides location of pump & heater for review. 3.) Well for proposed location of overflow for pool. 4.) Location of chain link fence for pool based on NYS code. 5.) Reduces the size of the pool as per the boards request at the last hearing. With regazds to additional concerns, regarding the water to fill the pool. The water will be provided from an outside contractor to fill the pool and therefore no water from either a well, or public water will be used, thereby not reducing the water table level for the underground wells of surrounding neighbors. If you have any questions, please feel free to call me at any time. Respectfully yours, Robert Lehnert Peconic Permit Expediting PECONIC PERMIT EXPEDITING Building /DEC /Variance /Marine 32645 Main Road • Cutchogue, NY 11935 E-Mail peconicpermils!it~uotonline net Ph 631.734.8361 • Fx 631.734.2276 ~ ~~a1 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, January 7, 2008 Sltl3ddtl d0 a2ltl09 Soon o t Nvr This letter is to authorize employees of "Peconic Permit Expediting Inc." to act as my agent in obtaining a vaziance/appeal from the Zoning Boazd of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Respectfully yours, ~~ Mr. Paul Cacloppo meowner ~~ J ~.~tv ~~~,~ April 3, 2008 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals 53095 Main Rd. Southold, N.Y. 11971 w ~~ ON/~ ~ 20C7 APR 1 1 ~~~ a'l ~P~ 5~~a~~iv' BOARD OF APPEALS Re: Pool Variance at 735 Jackson St., New Suffolk for Paul & Maureen Cacioppo Dear Mr. Goehringer & Other Board Members, My name is Aaron Avent and I live on New Suffolk Ave., in New Suffolk. My entire backyard and that of the Cacioppo's at 735 Jackson St. totally adjoin each other. Paul has explained to me that they would like to install and in-ground pool and I would like to let you know that 1 have no objection to their putting one in. The renovation of the house is a major improvement compared to the old house that had fallen into disrepair. Sincerely, /Z~_ i~v~ r+arvrr rwani New Suffolk Ave., New Suffolk, N.Y ~v I~~ ~~"~° ~ APR 1 ~~Ji BOARD OF APPEALS April 10, 2008 To: Zoning board of appeals, Re: Pool variance #6127- 735 Jackson St. Paul and Maureen Cacioppo. Chairman and Board Members, I live at 2625 Jackson St. I am writing to encourage your approval of the application for the Cacioppos to build their in-ground pool at the 735 Jackson St. property. All the work that they have done at this location is of top quality visually and structurally. This property is well within being compatible with most homes along Jackson St. and would only be an asset and an improvement to the azea. Thank you for your time and consideration in this matter, R~azds, C~f / ~ ~ Joseph Polashock 04/09/2008 18:05 1212639984=, UINCENTTESE . :i°t~ .ioEE~ FaX I+G. :73a2L~P:3 ~~~~~ ~ 5,~~~ ~ April 9, 2008 h2r. Grera^d 1'. (loehringer, Cbai ata~. Southold Zoning Board of Appeals 65096 Main Rd. Southold, N.Y. 11971 0969 PAGE 01 APR 1 120C7 ~~~a'l-,°/0 ~la~/o~ BOARD OF APPEALS Re: Variance Zii9gtleat ~F6127 a :738 Jackson 8t., Near 8uff`bI7~ Paul dr l~at~en Cacioppo Dear hir. Gosh ringer and 8aard Members, 1 received nc~~loe by oertifled mail of a heaving on Aprll a4, regarding Li:.e above-noenkioned request. Hey name is Joyce'i'ese and Y line at 800 Jackson St., diz'ectl~~ across GUB street Ii`C."'1. #735. "('l16 Caoioppo's have ]odac:.6 e matt or 11r provemea,.t t0 the house and I have no opposition to their ixxscall3zt,$ an in-ground pool. ginoer::ly, Joyce Teae ~T~~_ ~~~' a~ Feb 28 08 09:04a Jennifer Jacobs 5 -1~-~ ~ 28 Fcbruary ?008 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971-0959 Via FAX: 631-765-9064 ........... __.. 718-83 -1 p.2 ~.-L~,/ Re: #6127 Request for Variances at 735 Jackson St., New Suffolk by Paul and Maureen Cacioppo Dear Mr. Goehringer and other Board Members, My husband, Clayton Gates, had planned to be at the above referenced hearing today at 9:40am. Due to some unforeseen circumstances (horrific traffic on the LIE, still in Queens after 2 hours of driving) he was unable to make it. Please accept the following letter with ow apologies for not being able to discuss this in person. As explained more fully in the following letter, we were never given formal notice of this hearing, even though ow mailing address is correctly recorded in the Southold Town records. Given that we only learned of this hearing from other affected neighbors a short I,~~ time ago, we respectfully request an adjournment of this hearing. (( Thank you for yow consideration. Sincerely, 1 Jennifer Jacobs 645 Jackson Street New Suffolk, NY Feb 2a 08 09:04a Jennifer Jacobs ~~~~ 27 February 2008 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971-0959 eta-as~ls~o Re: #6127 Request for Vaziances at 735 Jackson 5t., New Suffollc by Paul and Maureen Cacioppo Deaz Mr. Gcehringer and other Board Members, Thank you for taking the time to consider this statement as part of your hearing and evaluation process. My wife and I are the owners of 645 Jackson St., the property directly West of the property under review. p.3 When we learned of yet another variance hearing for increasing the allowed lot coverage next door, we were very upset. We have not had a chance to review any plans, as nothing was sent to us at our mailing address of record: 426 5th Street, Brooklyn, NY 11215. We leazned about this heazing from other affected neighbors who had received notification about the hearing. However, our understanding is that an in-ground swimming pool is proposed. We feel that the vaziance request should be denied for the following reasons: 1. The house under construction and accessory building together we understand to already exceed the allowed lot coverage percentage per the previous variance. 2. An in-ground swimming pool would necessarily be very close to the adjoining properties. 3. All of our water (as well as the water used by some of our neighbors) comes from an underground well. We aze concerned about the environmental impact of the chemicals needed to maintain an in-ground pool so close to our property line, and the effects it will have on the ground water quality. 4. We are also concerned that the pool will be filled from an existing underground well, thereby reducing the water table and possibly drying out our well and those of our neighbors. I know the Hraznicks (another adjacent property) have had water table level issues previously. 5. There will not be enough distance between the pool and adjacent properties to buffer the inevitable noise from a swimming pool (filters, heating systems, sound systems, and general loud pool play). This noise will be easily heard on all adjacent properties and will diminish the peace Feb 28 OB 09:O5a Jenn~r Jacobs 718-83~ 1570 p.4 and quiet that we cherish in our neighborhood, in New Suffolk and on the North Fork in general. 6. None of the adjoining properties have swimming pools; indeed there are very few swimming pools in the hamlet. (And the existing pools are on much bigger lots). Almost every street in the neighborhood ends at a sandy public beach; a pool is just not necessary. My wife and T are not against profit or enterprise, and we understand a desire to improve 735 Jackson. However, we aze strongly against the relaxation of the code to allow continued overbuilding of this lot when there is zero demonstrated need. Thank you again for your time and your thoughtful consideration of our position as immediately affected neighbors of this proposed development. Most sincerelQy,~ C,-U " Clayton Gates and Jennifer 645 Jackson St. New Suffolk, NY 1 v -1.~. Jacobs S' ~'~,,,~-~~ r~ ,- TELEPHONE: (831) 727-8383 • w ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET P. O. BOX 1330 RIVERHEAD, NEW YORK, 11901-0903 February 12, 200 Appeals Southold, NY 11971 Zoning Board of 53095 Main Road P.O. Box 1179 ~ ~ 8~ ~ 'OC8 n.,... -~~ ~'~' J/a ~/a ~ Re: Calendar for February 28, 2008 - 9:40 AM Paul and Maureen Cacioppo No. 6127 Dear Chairman and Members: TELEFA%: (831) 727-6338 I reside next door to the captioned parcel and I write in objection to an area variance allowing the lot coverage percentage to be exceeded. First, the lot is only 13,055 square feet. You denied a prior application (File No. 6020) seeking 22.5 coverage. The lot is simply too small for a large residence, a separate large detached structure, a pergola and now a swimming pool. No nearby residence is so overbuilt and no nearby residence has a swimming pool. Exceeding the allowable percent of coverage to enable a swimming pool is the introduction of an undesirable change. Second, this Board has already denied a request to exceed the lot coverage percentage. Moreover, this Board found in its prior May 30, 2007 decision that "the difficulty was self created as the applicant knew the conditions that were present when the property was purchased." No change of circumstances can be demonstrated that would allow a change in that finding. An applicant cannot avoid such a finding by successive applications for different relief. Third, there are alternatives feasible to pursue including a hot tub, a lap pool or no pool at all. Zoning Board of Appeals February 12, 2008 Page 2 of 2 Fourth, a pool normally has filters and pumps which make noise and disturb neighbors. Further use of a drywell system to contain water pumped from the pool, including chlorine, incident to cleaning and maintenance is a practice honored in the breach. So a pool at this small parcel raises the risk of adverse environmental consequences for the nearby residential neighbors. Please deny any request for relief. This lot as now improved is already out of character with the neighborhood. Thank you for your consideration of these comments. Very truly yours, ~ Z~ Anthony B. Tohill ABT/lm S-1;~~- ~ q S uCi Ca~~~~~~ ~ ~3~C~PIIN/~® L~~~S~ APR 16 2001 APRIL 8, 2008 BOARb OF APPEALS M.R. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD ZONING BOARD OF APPEALS 53095 Maw RD. SOUTHOLD, N.Y. 1 1 97 1-0959 A~: pcn+jr-rr Can iJw nlww~nc wr ~?~ lwrvr~a,~a Cr lM1i~~af `SUFFOLK BY PAUL & MAUREEN CACIOPPO DEAR CHAIRMAN & MEMBERS, { riESivc AT 1 U 1 V JAI.f~JV1Y J T ., iii i vEVJ :iUF FOLK ACrivSS FROM THE CACIOPPO'S. I AM WRITING THIS LEfI-ER BECAUSE I WILL NOT BE ABLE TO ATTEND THE APRIL 24TM MEETING. I HAVE BEEN WATCHING WITH PLEASURE THE CONSTRUCTION PROGRESS OF THE HOUSE. THE DESIGN OF THE HOME IS VERY WELL SUITED TO THE NORTH FORK. IN MY OPINION, THE ADDITION OF AN IN-GROUND POOL WOULD ['~ II7T~,,.1 E.i L'MIJA n.!"F Timm RT LTI~oc'r'fYV( n n,e~ ~-~~cx2cno~ [ Ll R.F~C' ._.~ vr• u,.. etart~...- . L v. r... . .. ..... .. ~... r .. OBJECTION FOR THE BOARD TO GRANT AN APPROVAL TO THE CACIOPPO'S VGR I 1 RUL~Ir 1 VI/RJ, ~~~ MICHAEL PAPA JACKSON ST., nIEU! QI~CO~i l! RICHARb J RICCOBONI 6 KIMOGENOR POINT PO BOX 223 NEW SUFFOLK, NY 11956 AprIl 23, 2008 Mr. Gerazd P. Goehringer, Chairman Southold Zoning Boazd of Appeals 53095 Main Rd. Southold, NY 11971 o~ ~~~~ ~~~~,~ -~ Ref: Vaziance Reques 735 Jackson St., New Suffolk Maureen & P Cacioppo ~ ~ Dear Mr. Goehringer and Board Members, My name is Rick Riccoboni and I live at #6 Kimogenor Point. I have watched as Maureen and Paul have dramatically improved the home on Jackson Street. It is a wonderful change for the area and I have no opposition to a pool on their property. Sincerely, ~~~ RicK Riccoboni Telephone: 1-631-734-7680 E-Mail: RickR~ootonline.net 6'2/28/2008 09:05 2395303021 GP NAPLES PAGE 01/01 ~~~ ~~ FEB 2 8 2C0$ / ~ jr ~~~ i~~~ BOARD OF APPS ~-~. ~ ~ ~ ~.,-, ~., ~- ~ Gay ~ ~~~ ,~ ,~~ ~' ~~ ~'%~`~ ~~ ~-~~~~ ~~s _ ~ ~ ,~ .~ ~- ~~' ~'~ .~ ~ %~ ~~ ~ ~ ~~ ~'~ /~~" ~~ '7 ! kz(3 ii -L~K~ar'F° e~"/: 31~`~/ ~ ~~~ /~P~UEST CDR. ~1DjDurnmewr ~ ~~ ~__ ~v r T~m~ To AZT~nd 2 ~~~7 ~ 008 L'~~~ N DAHD ~ ~ ~~-~ "~9 ~ - ~~~,~ ~ it y ~i - Gym G~~e~ ~,~---.--~- ~rtio ~ ~ ~jG /.l y . ~y~ ~ _ 73.E ~ ~~~ ~r7 ~~~ y.~ ~ a."' ""' ' i ~ G~ i mss,-._~~~ ~~~ ~~ ~~~ ~~ ~ ~~ ~~ ~ ~~ ~~ ~ ~ ~ ~~ . ~ ~~ ~~~ ~~ ~~~ ~ ~~~ . ~ ~ ,~- ~~ ~ ~~ ~~ ~~~~~ / ~~/ ~~~ ~ ~ ~ ~~ ~~ ~'~ ~~ ~3 v~~ ~~ _~Ge ~~ ~ 7 a~ ~~~ ~~ ' ~~~- ~a ~ - ~-,> APR 2 1 2008 -~ to ~~7 /`=^r~c'C ~ •• ••••nnu vP APPE`A/LS Q' ~ ~~~-, ~~ a~~ a ~ ~' ~~- ~` ~` .~-~ ~--°~y . ~~ d ~-- ~Ipp^~ To: Gerard Goehrin er Chairman PY g and Members of the Southold Town Zoning Boazd of Appeals From: Lauren Grant, New Suffolk Resident Subject: Paul Cacioppo's contributions to The Town of Southold Date: Apri124, 2008 Having lived in New Suffolk for the past 11 years, I have seen changes taking place similaz to those in the other Southold Hamlets, most of which have been green patches of trees being replaced by huge houses not always in keeping with the area. You get used to the changes as time goes by, but always long for the respite of a tree shaded road. Paul Cacioppo has been one of the people making changes in New Suffolk, but always for the better. Paul is held in high esteem by New Suffolk residents because of the care he has taken over the years with the many properties he purchased with worn down houses in need of help. In some cases he has simply renovated the home to make it warm and welcoming for new owners or renters. In others, he has completely demolished run-down houses to build new homes thereby enhancing the neighborhood and improving property values. Paul is a community minded individual who volunteers for activities taking place without a moment's hesitation. If there is a person in need, Paul and his wife Maureen, are at the head of the line waiting to help in any way. If you take some time to visit the many renovations or new homes built by Paul Cacioppo, you will not only see how much caze has gone into the creation and design of each one, but you will heaz many of the neighbors speak highly of the work and of Paul himself. We aze lucky he chose to move to Southold Town and share his creativity with those who live here. i ~~~ ~~ TOWN OF SOUTHOLD • BUILDING DEPARTMENT TSWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined 20 Approved ,20 Disapproved a/c Boazd of Health 4 sets of Building Plans Planning Board approval Septic Fonn N.Y.S.D.E.C. Trustees Contact: ~Gl,m~vii •~NNai~ Ernir/,a<<'S ~dai1 t01: 3Jas4s Msiar ~~ Gbf"~~aa~'vc ,ivy 'hone: 734- Sad/ APPLICATION FOR BUILDING PERMIT Date USG ~ d , 20 07 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, Yelationship 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 Pertnit to the applicant. Such a permit shall be kept on the premises available for inspection throughoufthe 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, ih 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'issu2nde of a Building Permit pursuant to the Building Zone OYdinarice of the Town of Southold, Suffolk County, New York, and Othbr applicable Labvs, 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 regulatio d to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) 326j~ /Y1A,,, .~?dl, G~~~.o~~c (Mailing address of applicant) `~ State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest 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 N~ 1. Location of land on work will be done: 0 House Number Street Hamlet County Tax Map No. 1000 Section ~ f ~ ,~~~j l,,s,,~1~~ .a *~ Lot (j yaor w~ 4tY~YE~~iMY~Y11r1tQN Subdivision ~ Friltdd~ds[ow Lot (Name) vf,^, uu~ aiatfub n~ baeNttauO aoc~ sc ;x:~y:iA arsvgr3 noietlmma7 <r4 BUILDING PE APPLICATION CHECKLIST Do you a or need the following, before applying? 2. State existing use and occupancy o1 a. Existing use and occupancy and intended use and occupancy of proposed construction: b. Intended use and occupancy ~GSIL~en c C 3. 4. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work ~e o / (Description) `Estimated Cosf ~ Z'f"_ DO O Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units N/~ 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 /f;/~f} Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 3 O Reaz Depth (~ Height Number of Stories 9. Size of lot: Front ~~ O Reaz 99„! 9 Depth /~ 7 10. Date of Purchase ~ ~ ~~ ~ Name of FormerpOwner P/ 1 ~ f/ Gi 11. Zone or use district in which premises aze situated /6 ~D 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES_ NO J~Will excess fill be removed from premises? YES_ NO 14. Names of Owner No. Name of Architect Blrc~ i0/.can; s s Address Phone No13fh • 2 01/ Name of Contractor • Address Phone No. 15 a. Is this property within 1.00 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAYBE 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 aecurate'fottndationglan 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 OF5 ~k ) R 06 or ~ L~G~i d Lt' ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, 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 aze 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. SwoSrn to before me this C~~r4-~ day of u 20b Notary Public NOTARY OuO11fN0 In iYlfolk County MY Cotnmk~lon f+Wns August Ot. @009 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~A~.~ ~ /t/avYGGq Gitc/oeOO Date Prepared: ~- 7- ~ 7 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or N~/A~dditions/Extensions): Dimensions of first floor extension: // Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Chazacteristics BEFORE Alterations: /(//~ Number of Floors and Changes WITH Alterations: N. Calculations of building areas and lot coverage (from surveyor): Existing squaze footage of buildings on your property: ~,~/ 3 S~ Proposed increase of building coverage: 3 O ,$',3 SF Square footage of your lot: J 3~ o S S Percentage of coverage of your lot by building area: // 13, `J V. Purpose of New Construction: GOn4flvcY~ ~gX 30 ~~ ~n.slOV/~1pG On° I - ~~~7 tF VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting3the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 JAN 1 0 2008 BOARD OF AP__ P~~S • • .. ~''~ _.IJ Town of Southold - ~. LWRP CONSISTENCY ASSESSMENT FO SAN 1 0 2008 A. INSTRUCTIONS ~~P~°~ BOARD OF APPEALS 1. All applicants for permits* including .Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. ' 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standazds and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standazds and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# r ~ 7 -__.~_ ~_ The Application has been submitted to (check appropriate response): Town Board ^ Planning Board ^ Building Dept. ~ Board of Trustees ^ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e:g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ^ - -- ---(cj ermtt, approv cense, certi~on: - --- ----- - - ---- Nature and extent of action: rv ~ t' ,S-Cj-O 5 F ~n I Location of action: Site acreaee~ Present land use: s/ h , ~G ~~ ~-y, , ~ /l'~5/~~n C Present zoning classification: ~ - Q~ 0 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be providend: 3 M (a) Name ofapplicant: /~ Pl.Gv ~ -( /- r mr ,i/ iCG» GiL G / oODO (b) Mailing address: /, ~ , ~ d .2 g 9 , ~G w Su ~jCp ~~[ (c) Telephone number: Area Code ( )_ ~,3~ - ~~ ~ - ~g, j (d) Application number, if Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ^ No ~ If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy3. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. additional sheets if necessary ^Yes ^ No ~ Not Applicable ..-.,6.....• •.,,,.,..,,.~~ ~, sue sown of Southold. See LWl2P Section III -Policies Pages 3 through 6 for evaluation criteria ------ Yes ^ No LJ Not Aanlicahle Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ^ Yes ^ No ®Not Applicable , , , 0 snee[s tI necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ^ Yes ^ No ~ Not Applicable Sr,~~~ S/~G /S hO~' Dri GOB'S, Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ili - Pnlir;ac• v~~,,.e ~~ Yes ^ No © Not Applicable Jru~rcG'~ sl-1~ /s nod ovl aaa~ ^ Yes ^ No ~ Not Applicable sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, .coastal waters, public lands, and public resources of the Town of Southold. See LW1tP Section III -Policies; Pages 38 through 46 for evaluation criteria. ^ Yes ^ No ~ Not Applicable Attach additional sheets if necessary WORHING COAST POLICIES Yes ~ No ~ Not Applicable Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and was~jtes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ^ Yes ^ No i ~y Not Annlirahla ohcy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LW1tP Section III -Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWI2P Section III -Policies; Pages 57 through 62 for evaluation criteria. ^ Yes ^ No ®Not Annlirahla Attach additional sheets Attach additional sheets _- __ _ Created on S/25/OS 11:20 AM Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Policy 13. Promote appropriate use and development of energy and mineral resources. See LW1tP Section III -Policies; Pages 65 through 68 for evaluation criteria. ^ Yes ^ No ~ Not Annlirahlr QIlESTIONNAUiE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ^ Yes B[No B. Are there any proposals to change or alter land contours? ~,No ^ Yes, please explain on attached sheet. C. 1) Are there azeas that contain sand or wetland grasses? /Va 2) Are these areas shown on the map submitted with this application? N//1 3) Is the property bulkheaded between the wetlands area and the upland building area? N/L~ 4) If your property contains wetlands or pond azeas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/R Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /t/o E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you aze submitting? ~(/p (Please show azea 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? yB 5 If yes, please submit a copy o }'our building permit and map/~s approved by the Building Department and describe: ~~i ~r QA's ~ ///~cra f/ oq G. Do you or any co-owner also own other land close to this paccel? /VO If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at th's parcel ~7 i /n ~GS~lnG G and proposed use t~ /YI.sJG Ga m, c (exam exis ' s' e-family; proposed: same with garage or pool, or other desc~ ption.) '" ~'- ~~ thori •e and Date z/o5; 1/0~ G°S' ~ C ~ ~~'%L ~'~ JAN ~ 0 2008 BOARD OF APPEALS ~_ PR078CT I.D. iR/MBER . 677.27 Appendix C State Envirpnmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -Project Information (To be complete by Applicant or Project sponsor) 1. Applicant /Sponsor 2. Project Name SEQR Pa~~ $ /~ao7acn C.cc/o/I~o CitG~o®~o ~t3~lricG 3. Project location: Municipality County ~ ~3S T ~ kso n 5f Na N. 5~.~f-oIk „UY , 11956 or ( NEW ( )EXPANSION ( )MODIFICATION /ALTERATION 6. Describe project briefly: 7. Amount of land affecteA: Initially: '~~ acres; Ult(malely: . ~~ acres r 8. Will proposed action comply with existing or other existing land use restdclions:( )YES NO If No, describe bdefly: v~~,.r~G~ w,l/ 6~ ~t~go,n~ - 9. What is present land use in vicinity of project (describe): 10. Does action Involve a penult approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? ( YES ( ) NO If Yes, list agenc/y(s) and pennlF/'ap/provals: /Ow~'1 s~ Svu-~~o/~ By/ f~in3 ai/~T~ t 11. Does any aspect of the action have a curtently valid permit or approval? (,, `~) YES NO If Yes, Ilst agency(s) and pennltlapprovals: 12. As a result of proposed action, will existing pennlUaDProval require modification? my If the action )s In fhe Coastal Area, and you are a state agency, complete the Coasfa/ Assessment Form before proceeding with this assessment ~OF S~pry ELIZABETH A. NEVILLE ol ~~ TOWN CLERK o ~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER G Q ~ ~ RECORDS MANAGEMENT OFFICER ~ , ~ FREEDOM OF INFORMATION OFFICER p lij'COU11,~'N~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Boazd of Appeals FROM: Elizabeth A. Neville DATED: January 11, 2008 RE: Zoning Appeal No 6127 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Transmitted herewith is Zoning Appeals No. 6127 Paul & Maureen Cacioaao- the Application to the Southold Town Zoning Boazd of Appeals. Also enclosed is Notice of Disapproval, Site and Zoning Plans, Site and Zoning Data, ZBA Questions, Project Description, Application for Building Permit, Questionnaire, Property Record Card, ZBA Board of Appeals Finding, Deliberations and Determination, Transactional Disclosure Form, LWRP Consistency Assessment Form, Short Environmental Assessment Form, 2 Photos of Property, Authorization letter form Paul Cacioppo to Peconic Permit Expediting, Inc. to represent The Cacioppo's in this matter. own Of Southold • P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 01 /11 /08 Recei pt#: 7664 Transaction(s): Reference Subtotal 1 1 Application Fees 6127 $400.00 Check#:2261 Total Paid: $400.00 Name: Cacioppo, Paul & Maureen 735 Jackson Street Po Box 249 New Suffolk, NY 11956 Clerk ID: CAROLH Internal ID: 6127 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1 / 11 /08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6127 Paul and Maureen Cacioppo 2261 $400.00 RECEIVED JAN 1 1 2008 Southold Towa t1erM $400.00 ~Y Thank you. SACTIONAL DISCLOSURE FO • APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: 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. --_~o ~ ,rte ~ w / _ ~ .~ _ ~- (Last name, first name, middle other entity, such as a company NATURE OF APPLICATION: (Check al] that apply.) Variance X Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance '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? "Relationshi "includes b blood. marriaee or business interest "Business interest" partnershm m wh ti tr, T means a business includin a n officer or emntn.,Pa ti.,,: e..__ _ YES----_ NO Ifyou 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, agent or contract vendee) 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 al] that aPP1Y)~ A) the owner of greater than 5% of the shares of the corporate st of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or ~A ~ ~ ~ 2~~8 D) the actual applicant. DESCRIPTION OF RELATIONSHIP initial, unless you are applying in the name of someone else or If so, indicate the other person or company name.) BOARD OF APPEALS Submitted this o ~' ~ Signature: Print Name: ~ ~ ~ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 28, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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. FEBRUARY 28. 2008: 9:40 A.M. PAUL and MAUREEN CACIOPPO #6127. Request for a Variance under Section 280- 124, based on the Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in=-ground swimming pool, which will exceed the code limitation of 20% lot coverage, at 735 Jackson Street, New Suffolk; CTM 117-9-8. 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.KowalskiQTown.Southold.ny.us. Dated: January 29, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: n LJ Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 o~o~~gUFFO(~-~ ~+ x y ~ !~ ~ol ~ Sao http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD USPS Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 24, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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. APRIL 24. 2008: 1:20 P.M. PAUL and MAUREEN CACIOPPO #6127. Request for a Variance under Section 280- 124, based on the Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in-ground swimming pool, which will exceed the code limitation of 20% lot coverage, at 735 Jackson Street, New Suffolk; CTM 117-9-6. 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: March 25, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ~~~K~ #8711 STATE OF NEW YORK) FEB 2 72008 ss: COUNTY OF SUFFOLK) BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that 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 a week for 1 week(s), successively, commencing on the 21st day of February. 2008. ' Principal Clerk Sworn to before me this _ -. 2003 tiov 20% ~l~ Y r$ al tlaYA.Eebruer n6 elatf<9{p~pssapgt [o mi[aPPlica4ovsa m- The.as-built ad of to the exutinR.fe yaid oft aver- me_ ~' ~ C Imo zo o s /~~ ///'J~~ ~ /~~'~p/~~ (/ / ~ ~ 2003. Theaeasons NA VOLINSKI gape bonding per- ~fmllows: -STATE OF NEW YORK ou.avd alterations -y06105050 smndconstruaed rmit prior io 1997 B SUflolk County snant [b the Code. tree February 2B, 2008 did iv place when k was completed and the ut a 9. by 14 fLim g9 and 1997, s weremade to and IAM for Varia based o vember 2 of an will e tad 2i and ; Road (a pri- feer6om easR Side of. ,.,,,,e.....e aa. ~~ ~:4'.M. PAUE' emd ~MAURHEN b1CIOPPO M1i32]. Request for a' Vari. ante. dvdx.Settion 2$Fi24;basedon the Building IvspeotoY-S'Decembar 24, 2009Notice of Disapproval concerning the locafiov of an aecessory in-ground swimming pool; which will exceed[he cotle limitation'of 20% lot coverage, at 735.lacksom Street New SuROIk~, CI?1 I1Z9-6. " 9:50A.M SEROTAPROPERTIES k6II25.Rat(pest fora Varianma'dhder new a'proposed [he existing Sigh will be '.°-a ,;, RARML'N estEorVari- OOI yd rim of ~cn new TLe Hoard oFAppeals will hear all five (5) Wleim persons, or Neir tepresenm[ives, desir- jng to lae heard at eechhearing, and/or limits- " desiring to submit wrineh statements ' !rover- before she condusimn of each hearing. S Kmg Each hearing will not start earlier than 3. designated above. Files are available for N6126. reviewduringregular business hours and prio. to [hh day of the hearing. If you have quesGovs, please do not hesitate to contact our office a[ (631) 765-]R119, or by a-mail: Lnda.Kowalski@TOWn. Southoltl.ny.us. Dated: FebruaryR, 2005. ZONMG BOARD OF APPEALS GERARD P.GOEHRINGER, CHAIRMAN $Y EINDA KOWALSKl 54375 Main Road (Office Location) 53095 Main.Roed (MailinglUSPS) P.O. Box 1179 Southold,NY 11971-0959 8]}I-1T 2n1 ~ ~ feor~ j /es (C~ n,Pe r~ tea n~ ~ #8782 0 ELK STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 April. 2008. Y ~~ ~ Principal Clerk Sworn to before me this ~ ~ day of 2008 CHRISTINA VOLINEKI NOTARY PUBLIC-STATE OF NEW YORK No. Ol •V06106060 Gualltletl In BuTlolk County MY Commbnon Fatpia~ N61omY RB, 2012 •• i• p6143. Request fora Vnrianw under Smion 'Z80-122, based We Building Impcmor's P Notice of Disnpproval Inrarprcta- hon #AB9 ( mg proposed additions end etleadons to an existing single-(atnily dwelling whicM1 will result n increase In the degree of the exist- ing Gom yaN setback nonwnfomtance, at !ens Nan 50 feet Locadov of Prop- nrrv:90 Stedivg Rned, Cutchogue; CI'M 104-0-4. t. 9:40 A.M. Cif RISTOPHER and EV- ELYN CONKIsIg-ZBA g6155.1teyuest fora Variance under Sedlnn 2816116!3, brood on the BullAing Inspedor's April 2, 200ft Notlm of Disapproval wncerm ing proposed odditions and alleratiotu ro the existing dwelling which wit l be Ices mat. 2s feet wont we bwkheaa, at 3400 Ole Jule Lane at ]nines Geek (dredged mat). Madimck, CTM 1000-I22-0-20.L ~ 95U AM. JOHN VAN CELDF.R - "/.BA ph148- Regnest for a Variance un- der Section 2RP121, based on Ne Build- ing Inspec¢n"s January 16, 200A Notice of Disapproval concerning a proposeA av chvelling, after demolition of the ex~ sling building, with front Yard setbacks at les than rite code-requir«I 35 fwt (sSnllUlt of Pngrenr 10 Hickory Road and (],csuutl 12oad. Southold'. CfM 54b~id ll10i A.M.I ONALD HOHN -ZBA N6I49. Request for Variances under Sec- tiutu 2R0-15 and 280-124, based on the Building inspector's Marsh 17, 2008 tended Notice of Disapproval co sing a proposed new dwelling and ac cessory shed rtmdure for the following: (e) the new wnstmation will exceed tha wde limitation of 20% for lot coverage; (b) the new dwelling is proposed at less thw 35 feet from the front yard lot line; (c) the proposed shed will be u a side yaN rather than the code required rear yard, of 945 East Oillmta Drive, Eest Marion; CPM 38-3-2. 10:20 A.M. LAME M KOl R18 - LBA H6142 Request for a Variance un- der Seainn 280124, based on the Build- ing Inspector's March 25, 2tWe amended Notice of Disapproval concerning pro- posed additions and alterations to the xisting single-family dwelling, which nstruc[inn will result in a lot overage exceeding the code limimdan. Location of Property: 1350 Sound Beach Drive, Mattitu<k; CIM 106-1-3fi.1 (forv merly 36). 10:4p A.M. CJC1 CORP. -ZBA H6tdfi. Request fora Variance wader Section 280-SOC, based on the Building Inspocor's January Il, 200N amended Notice of Disapproval concerning a pm~ posed bvsines building (retail business and wntractor's yard) m Chia B-General Business Zone District, which building will have fromvge greeter than 601inear rem alovg the street-Location of Pmlr arty: ]4495 Route 25, Greenport; CTM 1000-45-4-4.1 . 10:55 A.M. MICHAFI KENP1 - ZBA #6153. Request tar a Variance un- der Sectiov 280-124,based on [he BuOd- ing Inspector's March 10, 2W8 Notice of Daapproval wncernivg proposed additions to the existing single-family dwelling, at less than the code-required 35 R. minimum front yard xtback,at 420 lake View Drive, at Marion Lake, East Marion; CTM 31-~I1. 11:05 A.M. I P ITES d KFVN' FERRO ZBA N612A. Location of Property: 3110 lackeon Street, New Suffolk; CPM 11]-1P2. The Applicnnts propose r ovnticnslalmrations, nddi- tions, end expansion of [he existing ac- cessory wnage building end in this A(r peal requesting the following: q Reversal (under 8edian 280322) of the Building inspector's November e, 200'! NoBtt of Dimpproa+l which states that the accessory coHag<me H nonron- lormivg awd coostltutea a second dwell- Ingvdt,tlfingS fon 280.121A which LECAL NOTICE, pl d a dSferem SOUTHOLD TOWN ZONING i Hand oar BOARD OF APPEALS the effecfve dates J'lIl1RSDAY,APRIL 24, 2008 s~external ev'~ PUBLIC HEARINGS b aced byyly n e NOTICE IS HEREBY GIVEN, pus- ' fD' dN ua¢uo Section 26]ofthe Town Law and Inn IOOAIA whicho Chapter 280 (Zoning), Code o[theiown A-0R80 D-sHicts vo of Southold, the following public hear- •=chan be emd and ings will be held by [he SOUTHOLD g2-gy~i jldjpgyhgl~ TOWN ZONING BOARD OF AP- ~~h~yed 'rib PEALS at the gown 1{ali, 53095 Maln b ~ whole Road, P.O. Box 11]9, Southold, New y_~pt the fnllov York 119]!-0959, on ~IrRSDAY. Ong pp8n 1A 200R: ~Ped one dwellin 0 970 AM. PAL i FTPF GARA- 2) Interpretndoe to Jinn 260-121A and Section 100-31A, denied for the reasons that the ac sory coMge use is nonronforvdng end aonaHtutee a aerond swelling wit, and as inch may not he evlarged, altered, extended, reronArvmed or restored or pHttd on a dilfereet portion oy the lot... nor shall wy external eNdentt of ouch use 6< ivereaaed by wy mewv whabo- rond dwellfeg weir. are1:10 P.M. KART FRF NBFRG tl JAN TF ~ AM ~ ZBA #6121 (PH held 228/08. Attorney's letter confrms amendment that withdraws request for swimming pool, requesting shed variance. Location of Property: Lester's Road, a private Righbof-Way off the east side of Westphalia Avenue, Mattituck; CfM 114-]-2.1 . h20 P.M. PAUL rW MAURFFrv CACIOPPO gb12]. Request fora Vari- under Section 280d24, based on [heeBuilding Inspector's December 2].. 200] Notice of Disapproval wn<erning the location of an accessory in-ground swimming pool, which will exceed the wde limitation of 20% lot wverage, at 735 Iackson Street, New Sutfolk; CTM I1] 9 6. 1:35 PM. GRFp and KARMEN p nA~IO R~ - ZBA N 6131 Carry over horn 228/08. Request for Variances uvder (1) Sectiov 280-124, end (2) Seo- tion 280-15. both based on the Building Inspwtoh Deamber2&200] Notice of Disapproval wncerning the location of a new dwelling a[ less than 40 feet from the code required minimum front yard setback, and for a swimming pool lo- cated in a side yacd rather than [he wde requ'ved front yard or rear yard far this waterGOnt peccel, Iwated at 695 Peey's Drive at Long Island Sound, Orient; CI'M 14-2-23. 'Rte Board of Appeals will hear all persons, or their representatives, desir ing to be heard at each hearing, andlor desiring to submit written statements before the conclusion o[ each hear- ing. Each hearing will not start earlier than designated above. FSles are avvil- able for review daring regular business hours and poor in the dny of the hwr- Ing. I[you have queauons, please do not hesitate w wntact o r office at (6317 ffi5-1809, nr by email ~Linda.Knwalski@ Tow¢Sowhold.nyus. Dated: April 4, 2(I(Ift. ZONNG BOARD OF APPEALS GERARD P. f,OF.NRINGER, CHAIRMAN BY LINDA KOWALSKI 54!]5 Main Road (Office Lo®tion) 59095 Main Road 1MailingNSPS) P.O. cox ll]9 SonibalQ NY 119]1-0Y59 8]ALI'C 4/10 • TOWN OF SOUTHOLD P1f OPERTY' ~0 cro - //'7_ ~- ~ RECORD CARD ~ _ ~ OWNER STREET `~ ~ ~ VILLAGE DISTRICT SUB. LOT CLLC[' vj ~' ~a r k.ra n Sti ~OW d ~ ~ c,~ ~C, FORMER O R N Z o.~a t`/o r~ a h E ~~ ~+ ~`~ T7d U,1'T~dh ACREAGE ~3~~ ' q ~ ~ d ~ r-f ~tCr C urc a S d.~ a~CS~a~ ~fi W ~ae~- TYPEOF BUILDING I l "~ RES. ~ (d SEAS. VL. FARM COMM. I IND. CB. MISC. Est . Mkt. Value ~ND IMP. TOTAL- DATE REMARKS (', Q/ ~ zY ~ y e!- ~/ OO .~~ /.Tq,)~ 300 3a6a 3 3 ao a~ ~-L!l~a3 ys8- # '`~ ~S r-~u k- N ~~o ~ ~ ~' G^6 ~.I'v u 3 !~ 00 - GU' Gt { GC ~~ °-tG ~ ?~. ` Dd - (~ (-b tin" Gi`~c ' n ~ a~ oy- YY1 ar~-F k ( -h n ~'ltec~ -' ~ ~c es--,r~. - 7/ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD f~ f u,o n J,r ~ .~ Ti le 7 BULKHEAD Tillable 2 DOCK Tillable 3 Z~ ~~ ~1--' Woodland Swampland F ~ O~ 3 ~ a ~ V ' ~ _ I _ ~o ~ , Brushland ~ a.~ CL ~ House Plot S- `k ~ Total ~-) ~ C..L-~S " n - .v J' ~ „ r .r~~r ,~ v ~ x~~ ~'~~~~€ In `. ~ M. Bldg. ~ ~C! K .i_ ~ ~~ ~ii il` ' ~I ' Foundation G ~ ~ Bath ~ / y; _. / ~ Basement ~ ~ rU ~ Floors ~ ~-,~ , Extension ~ J ~ ~~ ~ ~ ~, ~ ' Ext. Walls ' , ,~~~~ ~ I Interior Finish ~ ~-~ Extension ! ~ ~ ~ ~~ ~ E ' g ~ ~ Fire Place I ~ H.eat i ~ ~„~~ ~,~(~,;..~; ~` on xt ` 6 ~ ~,~f' ~1 € / ~ ~~,~k" ~ k ~ Porch ~ Roof TYPe s ~. ,_ , r ~ ~ ~ il~tl.,. Porch ~ 3 X~, Rooms lst Floor ~'~ Patio Rooms 2nd Floor 3reezeway I ~ aar e ~ ~ k ~Q ,} ~~ ' ~~4 ~~ Driveway Dormer ~. B. I ~~ ? .3 it n ., ., .~' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of AFFIDAVIT }~av~ ~ /11av/,ecn lrciop~o of (Name of Applicants) MAILIiVGS CTM Parcel # 1000-. / ~ ~ - 9 _ 6 - _ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, t{ oDG~~ L ~c~1AB~Tresiding at 32~ /r M.ri n I~o~ Cv~c~~~ New York, being duly sworn, depose and say that: On the 9 day of ~ '~ t78 I personally mailed at the United States Post Office in New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true co y of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or ( )County Real Property Office Go;~ I t ,for every property which abuts and is across a public or privy-ce street, or vehicu arright-of--way of record, surrounding the applicant's property. (Si tore) Sworn to before me this /O>y day of Rp~.~ , 200 ry Public) MTER R. MCElMEW NOTARY -UNIC•iT/1TE Of NEW YORK No. 02MC61 J 161 Cualiflsd In Suffolk County My Committlon Expirs~ August OS, 2009 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. - ,. - o ., ~~ in ~~ ' --I~1 r ~4,~ ru Postage E f0.41 .; '493'5' O ~ Certified Fee f2. Il ~ O Retum Recelpt Fee (Endorsement Requlretl) f2. ~.'. ~ PosQl181I( Here ~ ~ ~ ReettluYM Delivery Fee (ErMOrsement Required) '' f0.(10 ' ra m Total Postage a Fees $ f5.21 44/49/2008 N sweet Apt. Ko.: ~'-/L~~/J C ~+ -'--•----- o.PoBOxAb.--.-...L..r!'~---. ~. !7 1 .._... oM. stars, nr.4 - ---------------------- 3(eod« n1 ~I 11215 :r, r, U S . . Post al Ser vice. M CE RTIF IED MAIL ., , RECEIP T . (Dom estic M ail Only ; No Ins urance C P overag e rovided) ' ~ y+~ M1 iv Postage $ f0.41 09~:"---_,. O Certified Fee f2.(>5 - ' 1l ~ O Retum Receipt Fee (EntlorsemeM Required) f2,I~j \ Poatrnetrc. _--1 Here `, -,i ~ ~ RestrlcYetl Delivery Fee (Endorsement Required) f0.00 f'^'f ~ , rR / ./ ''.. m Total Postage & Fees $ f5.2I /tt'/LIRA o senrro Q.VD/1 11GY1-~------ ).. Street Mr. No.; p v or PO BOx NO. . fix. 3`~'.~------------- ---------------- ~M;~ia:z;~:4--N~iN-~uF~OZ.~ N 1195to :,. ,. .e o '• ~ -• ~, ~,~~~ f~ ru Postage s f0.41 4935 ~ Certified Fes f2.bj,. 1i ~ O Retum Receipt Fee (Endorsement Required) $2,1g Pos6nark Hari O ~ Restdctetl Delivery Fee (Endorsement Required) ~~~ r3 m rowi Postage s Fees $ f5.^a1 04/09/20p8 o rO o .------ --- - r- Sneer, Apt Ab.: -•---•--•------•--•--••--•- orFDeoxNO. 721 -- ------- ----------7._W2~'IG~~~..~.GS-~- dM: stare, iiv+a -'----.. . tk.hr~efe NJ' a7 :,. rr U.S . P ost al Service, ., -. CE RT IF IED MAIL ., REC EIPT (Dom est ic M ail Only; No Ins urance C overage Provided) ~ ..$'„ ~1 ; n ~ ~,. y fi ~, r` ru Poslege s f0.41 - 4935 ' • .. 0 ~ Certified Fee f2.65 ~ 11 ' O O Retum Receipt Fee (EMOrsemeM Required) f2,IS r Posbnark ~ Here 'i O ~ ResMcted Delivery Fee (Endorsement Requlretl) f0.00 ; ra m rotas Postage & Pees ~ $ f5.21 104/09/2408 ° tTa~.o~CE TEs E_ M1 asset Apt n~.: 130 E. - 7 ~ arPOBOx No. cN: smie: zii+:E--------------------....... -----.-......---..........------....--. N N li~~ l :rr r. ., a• o ~, ~ RL I i ~ • ~,~ "" • n4* PO~e $ ai , f0.41 ~~ ~ ~ Cam fietl Fee ~ ~ - __ %/~ J ~ O Retum Receipt Fee (Endorsement Requiretl) • Il f2 IS Pow. I,` -` p ~ Reatrtcted Delivery Fee (Endorsement Required . - Here w to ra ) f0 ~ m Total Postage 8 Feas $ ~_ (, / 45.21 ~ g ~ sent To ~ Street, Apt %VO.: ---iC-- _n-~-.-_~ • I FYI ( / 1. Article Addressed to: SoH ce T~SQ ~~o ~• r7~1''''.~. N`l NY ~rn~ 1 D. Is delivery address tliffer~t from H YES, enter delivery address b 3. Service Type ^ Certified Mail ^ E>~reas Mall ^ Reglatered ^ Return Receipt for MerchandW ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ 2. ArtlcY Numher - Vea ..... (karurr rrwrr aanAce faoep 7005 3110 002 2765 5048 ~ ~__pOi~ ~_i_._ O ~, _.LM• ... ... .. ~~ ^ Complete items 1, 2, and 3. Also complete A Slgn re Hem 4 n Restricted Delivery Is desired. ,(/~/) '7 ^ ^ Print your name and address on the reverse X i/ 'f'7G U/~ ~ ant so that we can return the card to you. ^ A 1B8°Be ^ Attach this card to the back of the mailpiece, 6' ReceNed ~ (Ported Nanre) C livery or on the frontd space permits, Y l ^ Compete Hems 1, 2, and 3. Also complete kern 4 k Restdcted Delivery Is desired. ~ FMm your name and address on the reverse w tlt~ vre can return the card to you. ~ Attach this card to the back of the mailplepe a al the fibm k space Permits. 1. AMde Adtlreseed to: -- t-trazan~l>!. L~ v ~ ~ucr T'RuST 721 ~.~ I ~laC e_. Tca.•~,ee.lrc, NS ~7lolnCo v. rsrsmcrea uenveq? (Extra Fee) • Compete kerns 1, 2, and 3. Also complete Item 4 H ResMded Delivery Is desired, ^ Prim your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front n space permits. 1. Ankle Addressed to: _ n ,~CVlevtt Po. x 3~q slew ~ K ~y /!9 ~o I . ~uarr nunoer fihnshrsan servke laGeq I P3 Form 3811, February 2004 r x ,.~~y eacress amereM frem kem 19 If YES, enter delivery edtlress below: 3. Servce Typa ^ CertHled Mail ^ Express Mail ^ Registeretl ^ Return Receipt for Meruiwrdiae ^ Irburetl Mall ^ C.O.D. a. ResWctetl Deliver)? IExva tree) ^ Yee 7^05 3110 0000 2765 5055 Domestic Return Receipt ^ Compete Hems 1, 2, end 3. Also complete kem 4 H Restricted. DelNery is desired.. ^ Prim your name and address on the reverse ao that we can return the card to You. ^ Attach this card k the back of the mailpiece, or on the fro ~ - pce permits. 1. ANde Addre JENNY L.JAtGF35 P.x-taoK N `/ 61215' 2. A n PS F A X s. D. ^ Ezpess Mall ^ Return Receipt for Mercnerrtlha 7b269s 02-M-7510 ~___. ~ • ^ ~t d Addreeeee ,(Ported Name) C. Date d Delivery fiom item 17 ^ Yee I ~IN sbelow: ^~ .~. a. sere ~- ^ Gerlifiad Mail ^ Express Mail ^ Reglatered ^ Relum Fiecelpt to 1AarcherWhe ^ Ireured Mail ^ C.O.D. a a,~+dceen rwlua^n ~r~r ^ Vee tea ,.. ;. K~ > ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of _~Q~! ~ ~~v/~GGn r%!1~/as~~fo (Name of Applicants) !~ Regarding Posting of Sign upon Applicant's Land Identified as Iooo- ~~7 - 9 ' 6 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, Rodt/~' L c`in~c~ ~" residing at 3Z64S- ~A~ n /Pd ~~'~ ~G ,New York, being duly sworn, depose and say that: On the ~ 7 day of~,_08 I personally 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 orright-of--way entrance;" and that I hereby confirm that the Poster has remained in place fo,( seven days prior to tLat date of the subject hearing date, which hearing date was shown to be _/~//!r / Q Ij ~i00~ i e Sworn to before me this l ~ day of ~ PPL« , 200 ~ (Notary Public) ~~ M. MCO~EIVY ~py~Y /WIIC•EiATE Oi NOW YORK ~, OZ~61~161! pyp111kstl In fullolk Cu 1 OE. 2000 My Commlalon Expirrr~ Aup *neat the entrance or driveway entrance of my ronP.rtn a~ thr pr~y~~t .~leio-passersby i ~ ~ ~ • i • zoNING soy ARD or APPiJALs TOWN OF SOUTHOLD: NEW YO.\11 /'~ ._.._.....X _% . ~ A ~1 In the Matter of the Application of Jv AFFIDAVIT P~vl ~ Inavr an ~aioeDa OF (Name of Applicants) MA II'INr'S C_I'M Parcel N 1000- ~~~ _ 9, _ COUNTY OF SUFFOLK) STATE OF NEW YORK) I RO!/ ~/' ~ l~Ghil6r~ residing at 32 6¢ S N'iu! n ~~ Cr,~w~i~ v~ ,New York, being duly sworn, depose and say that: On Ule 7 da}~ of a~Q~ I personally mailed at the United States Post Office in_C~k o.y y ~ ,New York; by CERTIFIED MAIL, RE'I'iJRN RECEII'T REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from t e official records oo file wiUi Use ( )Assessors, or ( )County Real Property Office r.G property which abuts and is across a public or private street, or vehicular right-of-~nray rof reoord, surrounding the applicants property. Sworn to before me this )3 day of ~r%~t~t 200 11 5 ~-.' a MiRR R. MCEiREEW MCIARY PUBIIC•SiA7E OF NEW YORK No. 02MC61 J 1514 Cualilietl in Suffolk County MY Cort+nlH~ion Expire Au~u~t p41 R~~I PLEASE list, on the back of Uiis Affidavit or on a sheet of paper the lot nunl6ers next to the ~irvner names-and addressesfar~vtli~lt~ortiz,~~1~1I~~~ you _ - _ - ~ • PECONIC PERMIT EXPEDITING Budding /DEC /Variance /Marine E-Mail neconicoertnitsroptonline.net YuL5~SO15U V ~® Boazd of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Mailing List 32645 Main Road • Cu[chogue, NY 11935 Ph 631.734.8361 • Fx 631.734.2276 FEB 2 5 2008 BOA DR OF A_ ?rr_~_..LS February 25, 2008 The following is a list of adjacent property owners that were mailed the official notice of hearing: 1. Jennifer Jacobs & Clayton Gates 617 West End Ave, Apt # 11A New York, N.Y. 10024 2. Joyce Tess 130 East 74`h Street New York, N.Y. 10021 3. Hrazanek Living Trust 721 Wendell Place Teaneck, N.J. 07666 4. Aaron Avent P.O. Box 349 New Suffolk, N.Y. 11956 5. Anthony B Tohill P.O. Box 1330 Riverhead, N.Y.11901 .e ~ ~ o- m ..D ~ ~ ~ .. ru s 30 41 ~ j 09`35'"-~ 9 Postage . 8 O ~~ ' O Certlfied Fee 52.65 ~~ it p ~ ~ ~ Postmark to O Relm Receipt Fee (ErMOrsemeM Requietl) 32•i5 .t 'Hare 4! p Restrcted Delivery Fee 50 00 \~ ~' ~ J r ~ (Endorsement Required) . ~~(i1 m Total Postage a Fees $ 55.21 Oc /07I200S In p p rro N1 ~t~ °------ ~T ~ ~~/lIT orPoBavNO. ~~~w p/` + _ :rr .r es m ~ .. e r^ .~D R I i r ru s 30.41 09 ~ PoeMge ~ ~~ d, p p Certlfied Fee ~/ ~ 52.65 ~; Pa~imerk ••~ p p Retum Receipt Fea ~ Here $2.15 (M (Endorsement Requlretl) t ~, ` p ~ ResMCted DelNery Fee (Endorsement Regwed) SQ (p ~, ,. ~ '- m $ F 35.21 0^~20~, ees Tmel Postage & ~, p senrra .Tphi 11 t` '.....`"'r "rid.;.'-. s4reet. ap. ~ ~ _ O~''~~- .a p ~ t~`n , , m ~ ~ ..D ~ NEI~ 1Ot1 M1 n~ S 50.41 0935 Postage p CengleO Fee 52.65 ~ $ p p Realm flecaipl Fee ~?•1 -~ o rk (Entlorsemant Required) S p ''~ Restricted DelNery Fee 50' (Endorsement Required) ~ rT1 55.2 ; 0 /OTKY00~. Total Postage & Feea $ ~ ~ ~ i, o samra~D"i / _ 1 L~~-~ 1--- --- -/--~ xC.G --•-r--7 -- "- .a ~ , m e' e ~1 ..D ~ • NE KY 1 r ^~ Posmga 30.41 s 35~ 9g p p Cerggetl Fee $2.(1,1` '~ ~ 11~ p ~ Posh` O Rehm Recelpt Fea (ErMOrsemem Requled) ~ ~ 5.151 _ - ' Here ~ G l i~ p Restricted Dellvery,Fee 50 00 !~ ~ (ErMOrsemenl Regwretl) . / m 2i $ 55 ~~ Q2~ v./ fVwv/~/ Total Postage & Fees . t1l po ro -'D~'1 - --••-----•-----••-----••----- Sader. Apr. No.: P~ D ~G or PO BOxNO. . . ~ ~ 1 r ~ to to .. m ~n rte, TE KK"" ~ r M1J postage $ O p Cartlfied Fee p (Entlorsemem Requied) p Remdcted Delivery Fee ~ (Endorsement Regwred) m Total Postage 8 Feea L17 O O r 30.41 32.(15 ' . ~ Postmark 52.15 ~~~ "m~~~ 50.00 ~ __~~ 55.21 ^ Complete Hems 1, 2, and 3. Also complete Hem 4 H Restricted DelNery fs desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the irortt H space pertnita 1. Article Addressed to: ~LvGy ~iov~G. /g8D N.~vr~/~ ~~.sz~o ~Vy /!Q ~ A SIBr(mtura ,y^~ ~J.j~ B. Ftecelve~y~ (Rioted Nanre) D. Is delivery address dMereM fiom Item 1? ~ Yes H YES. enter delNerY eddrBSe bebw: ^ No 3. Service Type l7 CerMed Mall D Express Mall ^ Registered D Return Receipt for Merchandise O brewed Mail O C.O.D. 4. Restrkted DelNery7 (Exec Fee) ^ Yes Adide Number (liw/er llom service iabeQ 7005 3110 0000 2765 3495 Form 3811, February 2004 Domestc Return Receipt +ou9soz-N-+a~o 3 ~ Cpfplete'items 1, 2, end 3. Also complete 1 tieRl 4 H Restricted f)elivery is desired. >prhMyour name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the:from'rf space permits. 1. Article Addressed to: ~ ° .~ F3.TGh~LI 2. An ~n PS R ^ Complete Hems 1, 2, and 3. Also complete Hem 4 H Restricted Delivery Is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~.o`1G~c ?~5 S 13 D ~ 7~ ff^~/- A Sig,nQ/~ature X /Id ~~l o "'" O 6. Received by (Rinted~9rrre) .. ~. Date of Deliver)'` Is delivery address dfRerent born Horn 1? ^ Yes H YES, enter delivery address below: ~ No 3. Service Type O Certiged Mall ^ Express Mail ~ Registered ^ Return Receipt for Memhandise ^ Insured Mall ^ C.O.D. 4. Restricted Dellveyl (Extra Fee) ^ Yes _. ____ +02595 aQ~4+eW~ A Signature ^ Agent X ~ ~V ^ Addressee B. Received by (Rioted Names C. Date of Degvery D. Is delivery address d froth Item 11 ^ No H VES, enter delivery address below: 3. Service Type ^ Cenfged Mail ^ Express Mall Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. AnicleNUmber 7pp5 3110 0000 2765 3570 (frens/er from service label) PS Forth 3811, February 2004 Domestic Return Receipt + '7540 PECONIC PERMIT EXPEDITING Building /DEC /Variance /Marine a 0 t+t m ul .L M1 ti 0 0 O O O rl 1" 1 m ~, 0 0 r` E U 8 8 N is 2 a m LL E L E-Mail oeconicoermits!ir~oo[online nel ~~~~~v~~ `c~ ~/ PPEP~S ~F P ~6~P¢O IyL 1 qC~ J 32645 Main Road • Cutchogue, NY 11935 Ph 631.734.8361 • Fx 631.734.2276 CaG/0 Q .~ _ o - ~ m '• ~ r u Postage S $0.41 093;, 0 ~ Cemmetl Fee $c 6S E ~/{' ~ . _ i~ 0 Retum Reoelpt Fee (Endorsement Requiretl) ' / $., 1.y ~. ~ Pa He ~p [ Fg ~ ~ ReatdcMetl Delivery Fee (Endorsement Requiretl) $(),~-' <'~• tr Jl m Total Postage&Feea $ $5.~1. y ,~ ^ ~~/^ (p `~ ~ P ~ t` Sent To Tonn~rc. T S i ig---- . -..-.- .......................... ... GG- Sweet, Ayt:'N"o.:..-.!~ o~PO BOxNo. 6 ~ILC ~S O/1 ~ .. -.-..-....-~.-..-. f~ __ .- i _ 1 .-..- Ciy,S ,ZIPh6 .-. w s ~=/k, ~vr , ._ C'.-.--.-.--.- »qs6 ^ Complete items 1, 2, and 3. Also complete item 4 if Aestricted-Delivery isdesired. ^ Print your name and address on the reverse so that wre can retum the card to you. ^ Attach this card to the back of the mailpiece, or on the front'rf space permits. f.. ARi~cle/^A.ddr~esse~d to/: J`^"'"'~' SL r ~'v,~vlvV F ~. ~ ti1,T /A D ~~W A Signature X ^ Agent t O Addre B. Received- ( ntedName) _ oRDel D. Is delivery address d+~er+t irom ttem 7? D Yea 1} YES, enter delvery address Uebw: ^ No 3. Service Type ^ Certified Me0 ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mall ^ C.O.D. a. Reetdaed Deriw,ryl (Extra Feel ^ ves 2. ANde Number ptrr+a++rimmaervke(a(xd1 7005 3110 0000 2765 3587 PS Farm 3811, February 2(104 Domestic Retum Receipt +o:s9soxat.ttrp l t i ^ Complete items 1, 2, and 3. Also complete Item 4 ff Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front 'rf space permits. 7. Article Addessed to: l/rW ~ ~`~_ /.~A P ~ ~~~ D . ~ 3~~ Vv~w~u~dllc. -~ 1I~5~0 a X C. DetB of D. Is delivery address differem from item 1? ^ Ves ~ If VES, emer delNery address below: ~Plo 3. Service Type ^ Certified Mall ^ Express Mail ^ Registered ^ Retum Receipt for Merchendise ^ Insured Mail ^ C.O.D. 4. Restricted DelNery'1(Extra Feel ^ Yes 2. Article Number (rians/er 6om+servRe (abep 7005 3110 000 2765 3563 PS Forth 3811, February 2004 Domeetk Relum Rapipt 102595-02-M-1590 ~.`~.. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ~~/oZ- ht the Matter of the Application of P~~1 ~ Mavree~ GRG e D (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as Iooo-1~ ~ - q - 6 COUN'T'Y OF SUFFOLK) STATE OF NEW YORK) I ROr9'Ci'f- ~.G`jhg,.~residingat~6Q,~ ~Ja~.- ~~ ~r~e~i,~j..G ,New York, being duly sworn, depose and say that: On the_~~___day of_ FG 6 , O8 I personally 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 Uie street orright-of--way (driveway entrance) - facing the street or facing each street orright-of--way entrance;* and U~at 1 hereby confirm Urat the Poster has remauted in place forsgveu days prior to tk(at date of the subject hearing date, which hearing date was shown to be ~GD Qg, Z pD~ Sworn to before me Utis f 3,~ day of /~~ , 200 (Notary Public f i1fRR A. MCORfiW wows -uurc•=w fH )mv )rolnf No. f/l1MC6)i1811 Ouallfl~tl In flulfpllc Cowlly fly ColnmlyMn ltpN« Auk W. ff10i *near the entrance or driveway entrance of my property, as the area most visible to passersby. 973889 117.-9-6 ~ OWNER: PAUL 0 PRILUC K NUMBER DATE TYPE 0 I~SE/DESCRIPTION _ 32655 ` 1/19/07 PERMIT COTTAGE ALTERATION 31897 10/06/06 PRE CO DWELLING -}- ~C~~J ~~ p,~ ~L~-&-~C-~?, ~ Q 33502 10/30/07 PERMIT ADDITION & ALTERATION 33503 10/30/07 PERMIT ACCY GARAGE 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit PECONIC PERMIT EXPEDITING Budding /DEC /Variance /Marine 32645 Main Road • Cutchogue, NY 11935 E-Mail peconicpermits(n~ootonline net Ph 631.734.8361 • Fx 631.734.2276 January 10, 2008 SITE A ZONING DATA ~cuzo; n~rEOStsao J ZONIr1G REC2UIREMENT5 PER R-40 Z6P. CA5E# 6024: f<r9AY 10. 200? ~ 71NG CONDITION5 PROPOSEDCONSiRUCf10N I.VTARC'A !3, 055 S.F. 13. 055 S.r. FROIJ~r YARD SCrBACK 35.0 FT 37. 2 FT 37. 2 FT REAR YARD SETEACK 32.0 57. 4 FT 50. 4 r=T 51GE YARD SET6ACK 10.0 FT O. i5 "rT 20. ; 5 "rT TC7TAL ;~ 6CYit1 SIDES 25.0 rT 5 . 05 Fi 5 ! . 05 ~. h4AX. GR,055 FLOOR AREN c I .4% =. 5 i 3 S.F`. 1 7. 25°fu 30153. i7 S.P. 23. <l% r<~Axin urv~ nEichT 35.0' FT ! 5. 0 T 25. CI FT z~,~~ ^~~~~'~ ~ (`~ ,~~\ /~~o ~~~~° ,~ '. ~ ~~ ` ~ J ~~~a~ pPEP~s ~.~ ~~~~al~~ ~NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htro://southtown.northforknet January 29, 2008 Re: Town Code Chapter 55 -Public Notices for Thursday, February 28, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before February 11th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner to the best of your ability and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible AND not later than February 12t :please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 20th' please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to February 28, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. ~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net /~~Ct~c~. ~~ Aril--- ,Zoos Re: Town Code Chapter 55 -Public Notices for Thursday, April 24, 2008 Hearing c~~ e-r7,~~O Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 7tn Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction 'area or other request, by CERTIFIED MAIL, "RETURN' `RECEIPT ~1~'~ toowners of propeltax map with property numbers enclosed), vacant or I I ~' improved, which abuts and any property which is across from any public or private street. a ~ Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property OfFce at the County ,~ ~ Center, Riverhead. If you know of another address for a neighbor, you .may. want to send the ~„ notice to that address as well. If any letter is returned to you undeliverable, you are requested ,~. to_make other attempts to obtain a mailing address or to deliver the letter to the current owner, ~ to the best of your ability, and to confirm how arrangements were made in either a written y~ ~. ~}~ statement, or during the hea~ng, providing the returned letter to us as soon as possible; ~ {1 AND not later than April 8 Please either mail or deliver to our office your Affidavit of Mailing "'(form enclosed) with parcel numbers; names and addresses noted, and furnish it to our i~, ~g office with the white receipJ~; postmarked by the Post Office. When the green signature cards' t `~ is~rerreturned to you, by the Post Office, please mail or deliver tJaer-~ to us before the scheduled hearing.l if any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all. Notices. 2) Not Later April 14~";.-15fease make arrangements to place the enclosed Poster on a signboard such as csrrdboard, plywood or other material, posting it at your property for seven (7) days (or mosey until the hearing is held. Securely place the sign on your property facing the street, no mo(e than 10 feet from the front property line bordering the street. If you border more than one stre8~or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit o`F Posting prior to April 24, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. ___ __ __ ~~ N M Office Location: O~0$UFFO(~-CO o~ Gyp Town Annex /First Floor, North Fork Bank y 54375 Main Road (at Youngs Avenue) ~y • ~~ Southold, NY l 1971 col ~ Sao http: //sou tholdtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 %3 f o20? FACSIMILE TRANSMITTAL 8HEET Fax # Date: Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TOTAL NO. OF PAGES INCLUDING COVER: SENDER'8 TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) ^ URGEN"r ^ EOK YOUR UPDATE ^ PLEASE COMMENT ^ AS RHQUES'1'EU ^ NOTESICOMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initia .e2'~ ~ NOTIL~E OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MAP #: APPEAL: REQUEST: DATE: CACIOPPO, P. 8~ M. 7 7 7-9-6 #6727 Yard Location; lot coverage Accessory In-Ground Pool THURSDAY, Apr. 24, 1:20 PM 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. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: ~• Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~~o~OSUFFO(,~C~ G y~ 0 N Z oy ~ ~~ ~oi * Sao http://sou Choldto wn. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD •~ailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO R-~P ~~Q Fax # ~ 2 ' / - -'-~I~L-Cilit~- ~J 7 aa7( Date: ~ / 9 /O ~ TOTAL NO. OF PAGES INCLUDING COVER: / l iT/ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ^ URGENT ^ FOR YOUR UPDATE ^ PLEASii COMbIENT ^ AS REQUF,STHD ^ NOTESICOMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ~m ~iAUoPPo /l7- ~-~ / ,. 1 LwE ) "A 4 ~ b u.6 t 1.21[ v ~ Fqi PCL. 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M1 16.] 52'~ rv ' 16r •r n c N P °R °2J 'N ~ °265 ^26.] iyx m rex M63 .16.1_ 22 p3£ rc .r '• ~sor ~• a3 : is r ,,. _` r r... ,r, ,,, :1l ~ °: it xz1 =: z1E _. ,v jeXEt SIIif OLX rov r.u AVE. +._ q v 26P1e) _T -_12 rm i15.1: _193y ~ _ >',. 2 1.1 "5.1 - 29Arc1 ° )2 O "S .r 19.) 524''RB" 1.]dlcl XX ~(, ° ~° - ll ~ x153a =+1v. ~/ R1 = _ t~ 6 / ~f02 v "e m 202 •' rc •' `•v 161 y9.2 0 .. .. .. 2y '^ :xo i. ].] ~/ n• v •x 121 _ ti ll.l °- O L 249 v 1.1 a / ].111[) 1.Shcc)'13141 f l B 9.1 9.$ l4 11 ° =16• 19 t° zaern 1. ero ` f.z1 P.D. 9D !,• £L ..12.] X4.1 n " 20.0 x r LS= /vim l.z i 10 F.D.°29t a. }.le]t) CUTCHOGUE • HARBOR d{" x15x ~ e N O }S4e1 e~R • p •n m o . ~p~"m H ]0 .. l x o rc 9 I 1 N • e \ ]]Alc IS }1 26 0• v ° ° x4 ~°~xr 5W'lw10 e'a+\c rc ~\ BAY ., , APPEALS BOARD MEMBERS James Dinizio, ]r., Chairman Gerard P. Gceht9nger Ruth D. Oliva Michael A. Simon Lexlie Kanes Weisman ho~~pF SOpr~o~ • .,~ ~ooulfn!~~ Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.nor[hfork.net RECEIVED ZONING BOA]IiD OF APPEALS ~, ~3., y Jr .m . TOWN OF SOUTHOLD ~A;),p' 0 ~ P Tel. (631) 765-1809 • Fax (631) 765.9064 ~rA'~1 A•T 3~ R ~ FINDINGS, DELIBERATIONS AND DETERMINATION80YthOld 70Wf1 Cler MEETING OF MAY 10, 2007 ZB File No. 6020 -Paul and Maureen Cacioppo Property Location: 735 Jackson Street, New Suffolk CTM 117-9-6 SEORA DETERMINATION: The Zoning Board of Appeals has visfted the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEORA. PROPERTY FACTS/DESCRIPTION: The applicant's 13,055 sq. ft. non-conforming parcel in an R-40 District with 100 feet along Jackson Street and is improved with asingle-family dwelling and accessory cottage building, as shown on Site Plan dated 2-23-07 prepared by Boulevard Planning P.C. and June 22, 1955 survey by Otto W. VanTuyl & Son. BASIS OF APPLICATION: Request for Variances based on the Building Inspector's February 7, 2007 Notice of Disapproval, amended March 6, 2007, stating: (1) under Section 280-15, the side yard setback shall not be less than five feet, for the existing accessory cottage, approximately 16 feet in height; (2) under Section 280-15B, the existing accessory garage will result in a side yard location instead of acode-required rear yard, after the proposed construction; (3) the proposed additions to a nonconforming accessory cottage use are not permitted under Sections 280-13C and 280-121A; no enlargement, alteration, extension, reconstruction, or restoration, or placement on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever; and (4) under Section 280-124, the proposed additions and alterations to the single-family dwelling are not permitted for the reason that the new construction will be less than 35 feet from the rear lot line and the lot coverage will exceed the code limitation of 20 percent building coverage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 26, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 -May 10, 2007 ZB File No. 6020 -Paul and Maure Cacloppo CTM No. 117-g-B AREA VARIANCE RELIEF REQUESTED: The applicant proposes asecond-story addition and extensions to an existing single family dwelling, as well as a five-ft. wraparound pergola attached to the existing nonconforming accessory building, as shown on sRe and architectural drawings prepared by Boulevard Planning, P. C. dated 2-23-07 (SP1, A1, A2, A3, A4, A5, C1). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of altemative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lot coverage requested by applicant is 2,946 square feet (22.5%) instead of the code limftation of 2,611 square feet (20%). Denial of the requested variances, and grant of altemative relief will provide for more conformity to the code, substantially reducing the lot coverage as requested (22.5%) to 21.4%. The altemative relief fora 6 ft. reduction in the size of the garage, from 24x23 to 18x23 would also increase the rear setback to substantially meet the code minimum setback, from the request of 27.75 feet, to 32 feet. The alternative relief will not produce an undesirable change or detriment to nearby properties because most of the homes in the immediate neighborhood are one-story buildings, while others on Jackson Avenue are much larger (although on larger parcels). 2. The benefd sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance due to the nonconforming size of the property and buildings. 3. The variances requested are substantial. The code requires a minimum rear yard setback at 35 feet, minimum 5 ft. side yard setback for the addition to an accessory cottage, and maximum lot coverage of 20%. The applicant requested a 7.25 ft. reduction to allow additions to the dwelling 27.75 feet from the rear lot line, 4.5 ft. side yard setback for the accessory building, 22.5% lot coverage for an increase of 326 square feet (2.5% of the lot size, or 12.5% of the code allowance. 4. The diffx:ulty was self-created as the applicant knew the conditions that were present when the property was purchased. 5. No evidence has been submitted to suggest that a variance (altemative relief) in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefd of additions and pergola, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. ' Page 3 -May 10, 2007 ZB File No. 6020 -Paul and Mau cioppo CTM No. 117-9-6 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 Oliva, seconded by Member Weisman, and duly carried, to Deny the relief as applied for, and to Grant alternative relief: 1) by reducing the length of the garage by 6 feet to allow a reduced size of 18x23 feet (instead of 24x23 feet), increasing the rear setback to 32 feet (and conforming side yard of 12 feet); 2) allowing the 5-ft. wide pergola shown on the 2123/07 site and elevation drawings prepared by Boulevard Planning P.C. at 4.5 feet from the side yard and 6 feet from the rear yard, with the condition to pergola remain open, not enclosed; 3) reducing the overall lot coverage to a maximum of 21.4%. That these ZBA conditions 6e written into the Building Inspector's Ce~cate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was dulvadoated (5-tl)'-1 .r r...,..... -.....~.., ., Approved for Filing 5-~a -LUUI RECEIVED .: 4 3:`~5e•m. AY 3 0 Southold Town Clerk 01/09/1995 84:44 6317655816 I $• ~' MCf/Y2THY M41AGEhfl~fT PAGE 01 . i ~{ovto.+ i " I ~ ~ D ~' K ~+ +' ~ X I u . 0 0 i T S A ~~. ~ s I~ ~ x - ~ No.tMtaw r l Qu~ti -rylMttl '/ •• i ~ it - i t ~ ~I I •~ i ~Q?f R~ ~ _ .0 1~~ ~ . ~t ~ Z = . B. ~,~ o u~ct ~, ~.,~ M .s 'ate 2 ~ ~ ~ ~t~ < - i srre r1.Ax 1 SITE AND ]ANMGDATA wI'~ .r.~.+r.u....vew....m r u~+m~ e.+~. 1-icE~o va ^in i FOR ZBA USE ONLV NOT FOR CONSTRUCTION ADDITpNS AND ALTERATIONS AT THE CACIOPPO RESIDENCE JACKSON STREET NEW SUFFOLK,NY REVISIONS DATE; ~~'"~+ v~ `~° ~~~~ 0643 sr - I Feb 28 09 09:03a Jennifer Jacobs 718-832-1570 p.l FAX COVER SHEET Date: February 28, 2008 To: Linda Kowalski, Southold Zoning Boazd of Appeals FAX: 631-765-9064 Phone: 631-765-1809 From: Jennifer Jacobs Phone:718-832-1570 Total Pages (including this cover sheet): Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~~SUFFO(,~co o~O Gyp y 2 ~~ • http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: ~ ajn- Fax # / '7'3 (/ Z Z 7 b Date: p' TOTAL NO. OF PAGES INCLUDING COVER: ~/ ~/~d .~ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ~ ~~/a~ ^ URGENT ^ FOR YOUR UPDATE; ^ PLEASE CODIMIi N'I' ^ AS REQUESTED ^ NOTES/COMMENTS: Please find attached copy/copies of the follovvirtg: r Thank you. Sender's Initi? sd~~