HomeMy WebLinkAbout6193WALKER, JOANN (G. WICKHAM'~623 LT
2ND STY ADDN & POOL - BLKHD SB 66-1-33
290 TOWN HARBOR TERRACE SHLD R40
APPEALS BOARD MEMBERSO
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
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
RECEIVED
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF SEPTEMBER 4, 2008
ZBA # 6193 - JOANN WALKER
Property Location: 290 Town Harbor Terrace, Southold
CTM 66-1-33
$outhorcl Town
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the
property under consideration in this application and determines that this
review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was
referred as required under the Suffolk County Administrative Code Sections A
14-14 to 23, and the Suffolk County Department of Planning issued its reply
dated July 10, 2008 stating that this application is considered a matter for
local determination as there appears to be no significant county-wide or inter-
community impact.
LWRP: TOWN CODE CHAPTER 268: This application is exempt from LWRP
review pursuant to Code Section 268-3.
PROPERTY FACTS/DESCRIPTION: The total area of the property is
conforming with 52,360 square feet in this R40 Residential Zone District, as
shown on the site plan prepared by Austin, Patterson, Disston, Architects last
dated 5/22/08 (revision note # 4). The site measures 50.58 feet along Town
Harbor Terrace to the north, 342 feet along the western boundary to a tie line
at Little Peconic Bay, 361 feet along the eastern boundary, and 149.92 feet
along Little Peconic Bay. The property is improved with a two-story, single-
family dwelling, as shown on the survey prepared October 20, 2003, revised
March 9, 2005 by Daniel P. Jedlicka, Professional Land Surveyor.
BASIS OF APPLICATION: Request for Variances under Section 280-15,
based on the Building Inspector's June 13, 2008 Notice of Disapproval
concerning a proposed accessory swimming pool structure in a side yard
Page 2 - September 4,
ZBA # 6193 - Joann Walker
CTM 66-1-33
rather than the code-required rear yard.
RELIEF REQUESTED: The applicant seeks a variance to allow construction
of a 1,113 square foot swimming pool in the westerly side yard.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on August 2'1, 2008, and
September 25, 2008 (after a Resolution was adopted on September 4, 2008 to reopen the hearing)
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:
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 a variance authorizing the proposed
yard location of a swimming pool will not have an adverse effect on the
character of the neighborhood or be a detriment to nearby properties. The
pool will be set back more than 25 feet from the westerly side boundary and
more 200 feet from the road. It will in the same location as approved for an
attached pool under ZBA variance # 5623, however it is to be built without the
decking that was formerly approved in that application, which would have
increased lot coverage.
2. Town Law §267-b(3)(b)(2). The benefit of an accessory swimming pool on
the property cannot be achieved by means not requiring a variance.
Constructing a pool to the rear of the house would have placed it closer than 75
feet from the bulkhead.
3. Town Law §267-b(3)(b)(3). The proposed variance is not substantial. The
pool be located more than 200 feet from the front yard boundary and 20 feet
from the side boundary.
4. Town Law §267-b(3)(b)(5). The need for a side yard variance pool was not
self created. It is a result of the fact that the house is 75 feet from the
bulkhead and approximately 57 feet from the top of the bluff.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that
grant of this relief will have an adverse impact on physical or environmental
conditions in the neighborhood.
6. Town Law §267-b. Grant of the relief requested is the minimum action
necessary and adequate to enable the applicant to enjoy the benefit of a
Page 3 - September 4,
ZBA # 6193 - Joann Walker
CTM 66-1-33
swimming pool, while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and
applying the balancing test under New York Town Law 267-B, motion was
offered by Member Simon, seconded by Member Oliva, and duly carried, to
GRANT the variance as applied for, as shown on site plan last dated
5/22/08 (revision note # 4), prepared by Austin, Patterson, Disston,
Architects.
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 Goehringer (Chairman), Oliva, Simon and
Weisman. This Resolution was dul~y~ted../_4~. (Member Dinizio was
absent.) ~~~.~";
/ ~D P. GOEHRI~ER~IR~ q/J~/2008
fApproved for F~ng
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: June
, I~RD OF APPEALS
TO: Pat Moore Esq. for
Joann Walker
51020 Main Road
Southold, NY 11971
Please take notice that your application dated June 13, 2008
For a permit for construction of an accessory swimming pool at
Location of property: 290 Town Harbor Terrace, Southold, NY
County Tax Map No. 1000 - Section 66 Block 1 Lot 33
Is returned herewith and disapproved on the following grounds:
/
The construction of an accessory swimming pool, is not permitted pursuant to Article III,
280-15 which states:
"In the AC... districts, accessory buildings & structures or other accessory uses shall be
located in the required rear yard, subject to the following requiremems:"
The proposed Austin Patterson Disston Arch. Site plan dated 6/9/08, indicates the
accessory swimming pool in the side yard.
Authorized Signature
R=480'
L =
[/ m~LUNe se~a~cx
VACANT
97t.29 L" 100.00'
NOTE,~:
LITTLE PECONIC BAY~
CERTIFIED TO:
JOANNWALKER
MAP OF DESCRIBED PROPERTY~ WALKER RESIDENCE LOT COVERAGES
SITUA TE A T SOUTHOLD ~~%~
TOWN OF SOUTHOLD # y~"'~ \\ '~'"~'~'""'~'
S.C.~M. NO. f~-~-0t-~ ~~ /~/] ~-~~~~'~
FILE NO. WALKER SCALE 1"=-40'
DANIEL P. JEDLICKA ~
PROFESSIONAL LAND SURVEYOR
~<o~s~.~.,o~ '144 OAKWOOD AVENUE
~.. ~i~ ~(63 BA YPORT, NEW YORK. '['1705
I) 47'2- 4243 N. Y.S. LIC. NO. 050098
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Be: $/nl'0T') Filed By:. Date Assigned/Assignment No.
mceNotes: JL? ..
HouseNo. 290 Street Town Harbor Terrace Hamlet Southold BOARD Ot APPEALS
SCTM 1000 Section 66 Block 1 Lot(s) 33 Lot Size 52,359.74 sq.ft. Zone r-40
1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June
2008 BASED ON MAP DATED 6/9/08
Applicant(s)/Owner(s):_Joan n Walker
Mailing Address: c/o Patricia C. Moore
Telephone: 917-494-9798 Fax #: Email:
NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc. and name of person who agent represents:
Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( ) Other:
Agent's Address: 51020 Main Road, South#Id NY ! 1971
Telephone 631-765-4330 Fax 0:765-4643 Email: pcmooorel(~optonline, net
Please check box to specify who you wish correspondence to be ma/led to, from the above names:
[] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 6/9/08
APPLICATION DATED Jane 13, 2008 FOR:
-~ Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
[]Other:
and DENIED AN
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by
numbers. Do not quote the code.)
Article Ill Section 280- Subsection 15
Type of Appeal. An Appeal is made for:
XA Variance to the Zoning Code or Zoning Map. (Pool in side yard)
[] A Variance due to lack of access required by New York Town Law-Section 280-A.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal ~ has, has not been made at any time with respect to this pr#pert3,, UNDER Appeal No.
5623 Year 2005 . (Please be sure to research before completing this question or call our office for assistance.)
Name of Owner: Joann Walker ZBA File
REASONS FOR APPEAL (additional sheets may be used with preparer's si~Inature):
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: Poll was reviewed in appeal 5623 of 2005 but it was attached to the house
with decking. The owner wishes to reduce the scale of the construction and the pool will be surrounded by grass
and pavers. Because the pool is not attached, but in the same location, a variance is required. There is no
impact to the neighbors, the adjacent property has an accessory tennis court on the lot.
All other aspects of the previous variance are maintained.
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to
pursue, other than an area variance, because:
The design of the addition intends to incorporate the pool, however, a more natural look is desired with lawn
area rather than decking.
(3) The amount of relief requested is not substantial because:
It is a "technical" variance- the same pool was approved in 2005 but the lot coverage is reduced because the area
around the pool will be left natural.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
The plan was redesigned to lessen impacts of structures.
(5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The location of the pool is more than 75
feet to the bulkhead. Placement of the pool in the side yard complies with environmental regulations by
maintaining setbacks from the bulkhead.
Are there Covenants and Restrictions concerning this land: ~' No. [] Yes (please furnish covr).
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 VARL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure to consu~l~.~)
Signa~i~lrv'~ppellant or Authorized Agent
(Agent must submit written Authorization from Owner)
SwornAo before me this
cb/ o _
notary Pu~ !
OFFICE LOCATION~:
54375 State Route 25
~ le~(cor. Mo. in Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
MEMORANDUM
Gerard Goehringer, Chair
Members of the Zoning Board of Appeals
Mark Terry, Principal Planner ~[
LWRP Coordinator
August20,2008
Coastal Consistency Review for ZBA#6193 (Walker)
SCTM# 66-1-33
30ARD OF APPEALS
The proposed action which has been reviewed to Chapter 268, Waterfront Consistency Review of
the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)
Policy Standards. Based upon the information provided on the LWRP Consistency Assessment
Form submitted to this department, as well as the records available to me, it is my determination
that the proposed action is EXEMPT from LWRP review pursuant to:
268-3. Definitions .item F which states:
Granting of individual setback, lot line and lot area variances, except in relation to a regulated
natural feature or a bulkhead or other shoreline defense structure or any activity within the
CEHA; [Amended 6-6-2006 by L.L. No. 7-2006]
The proposed action is not located within the jurisdiction of the Board as it applies to a regulated
natural feature.
Cc: Kieran Corcoran, Assistant Town Attorney
DEPARTMENT OF PLANNING
NTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
July 10,2008
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
RECEIVED
JUL 1 ? 2008 "" "-
[ONING ~EOA~RD OF APPEAL.~ ~3~'~'~\¢)~^''~
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant(s)
Municipal File Number(s)
Zoitas 6191
Gillen 6192
Walker 6193
Very truly yours,
Thomas Isles, AICP
Director of Planning
TRK:cc
S/sTheodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 · (631) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853-4044
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined ,20__
Approved ,20.__
Disapproved a/c Pt ~. (, 3{ [
Expiration ., 20
PERMIT NO.
BUILDING PERI~IT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey.
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mail to:
Phone:
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date ~-- / ~ ,200&
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
aauPt[hlio;izar te;l~:;;~tOo~sO omnPlpYre'~mitihseasl2~]~Cbaut ll~tlna~V~rOrnC~c;sa;~;, l. bn~ictnl, gonCs~de, hous.i~n~g~~ions, and to admit
~u~e of applicant or name, if a c;rporation)
7; fapplican'
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 deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
House Number Street
County Tax Map No. 1000 Section
Subdivision
Hamlet
Block
Filed Map No.
Lot c.~ ~
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ,~9'Z~vx5 ~
Addition
Other Work
b. Intended use and occupancy
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
Fee
Alteration
4. Estimated Cost
5. If dwelling, number of dwelling units
if garage, number of cars
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height Number of Stories
Rear
Dimensions of same structure with alterations or additions: Front
Depth Height Number of Stories
8. Dimensions of entire new construction: Front
Height. Number of Stories
.Depth
Rear
Rear Depth
9. Size of lot: Front Rear Depth,
10. Date of Purchase
Name of Former Owner
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES__
13. Will lot be re-graded? YES.__ NO__
14. Names of Owner of premises
Name of Architect
Name of Contractor
NO
Will excess fill be removed from premises? YES
Address Phone No.
Address Phone No
Address Phone No.
NO
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES__ NO__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
NO
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES
· IF YES, PROVIDE A COPY.
NO
STATE OF NEW YORK)
COUNTY OF_~S:
pg~.~ v~ ~ being duly swom, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He
is
the
~ent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
iwomto before me this
day of~ ~. )D ~ 200 ~
Signature of Applicant
APPLICANT'S PROJECT DESCRIP
(For ZBA Reference)
Applicant:Owner: Joann Walker
Date Prepared: June 1
I. For Demolition of Existing Building Areas
Please describe areas being removed:
none
II. New Construction Areas:
Dimensions of first floor extension:__New Pool
Dimensions of new second floor: none
Dimensions of floor above second level:
Height (from finished ground to top of ridge): __
_ ~ 2008
(21' x 53' outside coning~ in side yard
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 if Existing Building Alterations or Structural Changes
(aaach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
1V. Calculations of building areas and lot coverage all buildings on property (from
surveyor):
Existing square footage of buildings on your property: _house 3~910 sq.fl.
Proposed increase of building coverage: 2,074 sq.ft.
Square footage of your 1ot59,359.74 sq.ft..
Percentage of coverage of your lot by building area: total lot covera~,e existing 7.47%
10.47 % proposed
V. Purpose of New Construction: swimming nool
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on
your land and how it relates to the difficulty in meeting the code requirement(s) fiat
and clear~ placement is in "side yard"
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
OWNER:
CTM:
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Joann Walker
66-1-33
A. ls the subject premises listed on the real estate market for sale?
[] Yes ~, No
B. Are there any proposals to change or alter land contours?
~, No [3 Yes, please explain on atlached sheet.
1) Are there areas that contain sand or wetland grasses? yes-Southold Bay
2) Are these areas shown on the map submitted with this application? ye.s
3) Is the property bulkheaded between the wetlands area and the upland building area?
no
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? ~ Please confirm status of your
inquiry or application with the Trustees: hearine oendino
and if issued, please attach copies of permit with conditions and approved map.
D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet
above mean sea level? no
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? no (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises? yes
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe: house alterations and additions
G. Do you or any co-owner also own other land close to this parcel?
proximity of your lands on your map with this application.
no
If yes, please label the
H. Please list present use or operations conducted at this parcel residence
and proposed use residence with a pool
existing: single-family; proposed: same with garage or pool, or other description.)
· 2/05;
1/07
.-~ ~e t~pPEALc.
Town of Southold ~
LWRP CONSISTENCY ASSESSMENT ~FORM
/
I BOARD OF APPFA/c
l. All applic~ts for pe~its* including To~ of Southold agenc~~Uof
proposed actions ~at are subject to the To~ of Sou~old Waterfront Consistency Review Law.
~is assessment is ~tended to supplement other ~fo~ation used by a To~ of Southold agency
in m~ing a dete~ination of consistency. * Except minor exempt actions including Building
Pe~its ~d other ministerial pe~its not located within the Coastal Erosion H~rd Area.
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).
lfany question in Section C on this form is answered "yes", then the proposed action may affect
the achievement of the LWRP policy standards and conditions contained in the consistency review
law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making
a determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and
the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 1000-66-1-33 (Joann Walker)
AGENT:
Patricia C. Moore Esq.
51020 Main Road, Southold NY 11971
631-765-4330
The Application has been submitted to (check appropriate response):
Town Board [] Planning Dept. [] Building Dept. []
Board of Trustees X Zoning Board of Appeals X (Variance)
1 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) []
(c) Permit, approval, license, certification: [] Type: Trustees Permit
(amendment)and ZBA Variance
Town of Southold LWRP
Consistency Assessment Form 1
Nature and extent of action: The nronosed pool was approved in 2005 by the Zoning
Board. The current plan eliminates the decking around the pool and leaves the
area natural. The pool is now an accessory structure in the side yard. The revisions
to the pool are more consistent with the LWRP. The property contains a bulkhead
and timber retaining wall, therefore there is no threat to the property.
Location of action:290 Town Harbor Terrace, Southold
Site acreage: 1.2 acres
Present land use: residential
Present zoning classification: R-40
2. If an application for the proposed action has been filed with the Town of
Southold agency, the following information shall be provided:
(a) Name of applicant: Joann Walker
(b) Mailing address: 730 Park Avenue, Penthouse C, NY, NY 10021-4945
(c) Telephone number: ~ e/o Pat Moore 765-4330
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal
agency? Yes [] No X If yes, which state or federal agency:
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances
community character, preserves open space, makes efficient use of infrastructure, makes
beneficial use ora coastal location, and minimizes adverse effects of development. See L WRP
Section III - Policies; Page 2for evaluation criteria.
Yes X No [] Not Applicable []
Discussion (ifappropriate): The proposed pool makes beneficial use of the waterfront
residence. The elimination of decking to the pool will comply with current
environmental regulations.
Policy 2. Protect and preserve historic and archaeological resources of the
Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria
Yes [] No [] Not Applicable X
Town of Southold LWRP
Consistency Assessment Form 2
Discussion (if appropriate): The site is not identified as area of archeological sensitivity
or on the National Register on the map produced by NYS Dept. Of State, Division of
Coastal Resources. The existing building is not historic.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See L WRP Section III - Policies Pages 6 through 7for evaluation criteria
Yes X No [] Not Applicable []
Discussion (ifappropriate):There are existing shoreline protective devices, bulkhead
built in the 70's, and the residential use ofthe property will not change. The
propsed pool is set back more than 75 feet from the bulkhead.
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 16for evaluation criteria
Yes X No [] Not Applicable []
Discussion (if appropriate): The proposed pool will not be threatened by flooding or
errosion.
Policy& Protect and improve water quality and supply in the Town of Southolcl. See LWRP
Section 111- Policies Pages 16 through 21for evaluation criteria
Yes No [] Not Applicable X
Discussion (if appropriate): the pool will not impact water quality. Pool filter will have
nroner draina~,e.
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 III -
Policies; Pages 22 through 32for evaluation criteria.
Yes X No F1 Not Applicable []
Discussion (if appropriate): The site is adjacent to Southold Bay. the urouosed nooi will
not imp[act southold ecosystem. The property_ was developed with a year round
dwelling and proposed pool is consistent with Town policies and New York State
policies.
Policy7. Protect and improve air quality in the Town of Southold. See L WRP Section lll-
Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34
through 38for evaluation criteria.
Town of Southold LWRP
Consistency Assessment Form 3
Yes [] No [] Not Applicable X
Discussion (if appropriate):No impact is anticipated to air quality
Policy & Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section Ill -Policies; Pages 34 through 38for
evaluation criteria.
Yes
No [] Not Applicable x
Discussion (if appropriate): The proposed pool will not impact solid waste or hazardous
substances.
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 L WRP Section 111 -
Policies; Pages 38 through 46for evaluation criteria.
Yes X No [] Not Applicable X
Discussion (ifappropriate):The parcel is private, however~ access along the beach is
open to the public
WORKING COAST POLICIES
Policy 10. Protect Southoid's water-dependent uses and promote siting of new
water-dependent uses in suitable locations. See L WRP Section III- Policies; Pages 47 through
56for evaluation criteria.
Yes X No [] Not Applicable []
Discussion (if appropriate): Residential Homes along the water are the nrimarv use in
the Town of Southoid. Southold has limited commercial development and the taxes
that new single family homes pay is disproportionate to the services they demand.
The proposed pool will promote recreational use of the property.
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62for
evaluation criteria.
Yes X No [] Not Applicable []
Discussion (if appropriate): all the regulatory agencies control the project to prevent
degredation of the environment. The proposed pool was previously approved and is
lessened in scope by elimination of decking.
Policy 12'. Protect agricultural lands in the Town of Southold See LWRP Section 111 -
Policies; Pages 62 through 65for evaluation criteria.
Town of Southold LWRP
Consistency Assessment Form 4
Yes [] No [] Not Applicable X
Discussion (ifapproprlate): The area is not a designated agricultural district. The
nei~hborhoofl consist of single family homes on existing parcels
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III- Policies; Pages 65 through 68for evaluation criteria.
Yes X No [] Not Applicable []
Discussion (ifappropriate):Residential development is a recognized permitted and
encouraged use in the Town of Southold.
*copy of Town form created on 2/11/06
Town of Southold LWRP
Consistency Assessment Form 5
APPEALS BOARD MEMBERS
Gerard E Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
September 31~. 2008
Mailing Address:
Southold Town Hall
53095 Main Road · PO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Ms. Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: ZBA # 6193 - Application by Ms. Joann Walker(Variances)
Dear Ms. Moore:
Enclosed please find a copy of the Zoning Board of Appeals determination
rendered at the September 4, 2008 Meeting.
Please be sure to contact the Building Department for follow-up regarding
documents that may be required in the next step of applicable code reviews and
building permit application process, and concerning any other agency approval,
before commencing construction activities.
Thank you.
Very truly yours,
Encl.
Linda Kowalski
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork, net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
June 18, 2008
Zoning Appeal No. 6193
BOARD OF APPEAL
Transmitted herewith is Zoning Appeals No. 6193 of Joann Walker- the Application to the
Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter from Patricia Moore,
Applicant's Project Description, Questionnaire, Applicant Transactional Disclosure Form, Short
Environmental Assessment Form, LWRP Consistency Assessment Form, Board of Appeals
Findings Deliberations & Determination Dated May 12, 2005, Application for Building Permit
with Disapproval Dated June 13, 2008, Notice of Disapproval from Building Depea'tment Dated
June 13, 2008,1 Photo of Backyard of Property, I Digital Drawing of Property Showing
Proposed Swimming Pool in Side Yard Prepared by Austin Patterson Disston, Property Record
Card (Both Sides), Architects Drawing Showing New Addition, Proposed Pool & Survey of
Property Prepared by Austin Patterson Disston Architects, LLC Revisited 1/21/08
PATRICIA C. MOORE
Atlorncy at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
June 13, 2008
Southold Town Zoning Board of Appeals
Chairman Goehringer and Board
Main Road
Southold, NY 11971
By Hand
Re: Joann Walker
1000-66-1-33
Dear Mr. Goehringer and Board:
Enclosed please find following:
1. CURRENT NOTICE OF DISAPPROVAL from the Building Inspector for
construction of swimming pool in the ~side yard".
2. ZBA APPLICATION- The previous appeal approved the pool in the same
location but connected to the house by a deck. The owner does not
want a deck and wishes the area around the pool to be natural
(grass). This is a variance to keep the same pool, as approved,
in the side yard.
3. Project description
4. site plan submitted for the notice of disapproval
5. Transactional disclosure form and questionnaire
6. No covenants and restrictions
7. assessor's property card
8. LWRP and EAF(type II)
9. The architect's check payable to ~Town of Southold"
Thank you for your continued courtesies.
y yours,
oor~
cc: Joann Walker
Town Of Southold
P. O Box 1179
Southold, NY 11971
Date: 06/17/08
* * * RECEIPT * * *
Receipt: 22171
Transaction(s):
1 1
Application Fees
Reference Subtotal
6193 $400.00
Check~: 5360
Total Paid: $400.00
Name:
Walker, Joann
290 Town Harbor Terrace
Southold, NY 11971
Clerk ID: CAROLH Internal ID: 6193
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 6/17/08
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
6193 WALKER, Joann 5360 $400.00
Sou thold Town Clerk
$400.00
By Thank,,ou.
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S 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.
YOUR NAME:~Joann Walker & Patricia C. Moore __
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other antity, such as acompany. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance X
Special Exception
If "Other",
name the activity:
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or
employee of thc Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business
interest" means a business, including a partnership, in which the Town officer or employee has even a partial
ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
YES NO_X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the
appropriate line A through D (below) and/or describe the relationship in the space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
__ C) an officer, director, partner, or employee of the applicant; or
D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
BOARD OF A?PEALS
Signature:Submitted this _~,~day of~_t~8~
Print Name:~
(..~.~5~atricia C.Moore
I 617.21
,ippendix C
State Environmental Quallty Review
SHORT ENVIRONMENTAIL ~SESSMENT FO
For U1V~ISTED ,~CTIOIVS Only
PAP..T I - Project Infoxmatioe (To be complete by Applicant or Project sponsor)
1. Applicant / Sponsor 2. Project Name
~Joann B. Walker
M
BOARD OF APPEALS
Walker Residence
3. Project location: Municipality Counly
Town of Southold Suffolk
Precise location (E;Ireet address and road intersections, prominent landmarks, etc. or provide ~nap)
Southold, NY
290 Town Harbor Terrace
5. Is proposed action:
' )NEW ( )EXPANSION (X)MODIFICATIO'NIALTERATiON
6. Oescdbe project briefly:
21' x 53' in-ground swimming pool
7.Amount of land affected:
Ilndlatiy: /, Z- acres; UItimalely:
8. Will proposed action comply with exisOng or other existing land use restrictions: I YES tX) NO If No, descdbe briefly:
9. Whet is present land use in vicinity of project: (describe):
I(~() Residential ( ) Industha/ ( ) Commercial ( ) Agriculturat ( ) Park/Forest/Open Space ( ) Other
10. Does action Involve a permit approval or funding, now or ultimately kom any other Governmental agency,(Federal. State or Local) ?
( ) YES (X) NO I~' Yes, llst agency(s) and permfl/approvals:
11. Does any aspect of the action have a currently valid permil or approval?
(~') YES ( ) NO if Yes, list agency(s) and permit/approvals:
NYS Dept. o£ Environmental Conservation - Letter of Non-Jurisdiction
Town of Southold Trustees Approval
12. As a result of proposed action, will existing permit/approval require modification?
(X) YES ( ) NO If Yes, list agency(s) and permlUapprovala: Bu:[lding Permit
I certify that the information provided above is true to the best of my kn, owledge
[Applicant / Sp°ns"~r"~..~ ~.~ ~l~~ Date: ~,--/~, -~e,cz
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment
APPEALS BOARD MEMBER~
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
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
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, AUGUST 21, 2008
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), Town of Southeld, 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~ AUGUST 21, 2008:
10:55 A.M. JOANN WALKER #6193. Request for a Variance under Section 280-15, based on
the Building Inspector's June 13, 2008 Notice of Disapproval concerning a proposed accessory
swimming pool structure in a yard other than the code-required rear yard (or front yard) at 290
Town Harbor Terrace, Southold; CTM 1000-66-1-33 (adjacent to Little Peconic Bay).
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: July 28, 2008.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box 1179
Southold, NY 11971-0959
#8950
'~ STAT~ OF NE'W 'YORK)
) SS:
COUN.TY 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
7th day of August, 2008.
Principal Clerk
Sworntobeforemethis ~ dayof ~'/~'~ 2008
/~HRISTINA '
NOTARY PUBLIC-STATE OF NEW YORK,
No, 01-VO6105050
Qualified in Suffolk County
My Commission Expires February 28, 2012
10'~ a,ml
tor'sSun¢ i
~onceming a proposed swimming pool;
m a yard.otbur;thaathe code~required the a
~ryard or front yard,~at.6255 Ro,~te - 3} n h
4g;(pr°perty adj~c~{t to L0figli~l~d thei iS [~
$°und}~:G~eenpon~CTM4ff'i:~. ' ' ~ 2007, N0ti~ ( f
- ~.~uon oe~l~d for th~ ~e~/sbi~t~g:th~ ia~
2~)-15;:besedon theBuildingla~:tSi-!S ~ s~ry cottage use is ,nonconform~
$~'a~ia;20°SN0ti~°fDisaPProvai~n: codsfitht~ sec°ild, dwell~n~ ~t
concerning a'
exceeding 20 ft.
~0 a~
FERRo Lochtio~
of"Pmperty: 500 lackson Sheet. New
*.?~-'lq~ .tL7-t0-2. ·
~go~ co~ge buffing and ~
~(~:~ended) request the fol-
~c.~-s~ry<co~t~gg. ~so~ s~eddn .., 1) Rev~of~eBu~ding ~s~ctor% d~e~ng, wMc~o~cfion is 1~
: .~ ,.. , ~m- W ' z pp ov~ bas cau~d ~e exis~g a~s~ build.
~s ~v~ ~d (2~ ~e-~ ~d~g or usc (A) ahab n6t be an '
d~ell/~g on each ]ot~ Loc~afion of l~op-
erty: 2/150 Vanstbn Road, Cutchogue;
CTM f H-$-?.2.
9:.50 a.m. R~'Alq and JENNIFER
demolP~hing the exist/ag building). The
nei,~ .l~g is proposed at less than
(~ ~e~t n-om the
states: "In A-C, RS0 Districts, no building
or premises shall be used and no build-
~ng or pa~t Of a building shall be erected
or altered which ~s arranged, thtended
or des/g~l to be Used, in whole or m
par~;.for any, use~ except the folinW/ng:
A. PennRted use~/ih~-~ famity,~d einch ed
dwell/ng on.
:~on of the ~ ~.or parcel of and Occupied 70-5-40.
'i~e Boanl of Appeals wd] hear all -
: y. such use On ~e effecgve date, of thi~ persons, or gaelr representatives, des/r-
Chapter, nor ,shall an~y external evideuc~ lng to~be~tleard~ at .each hearing,and/or
of such ~se-be inCressed by any means
desiring, {o.~ubmR .~wlltie 6 s~at~ments
whatsoevi~r,, and Notice of lF~sapproval
-.before th~ conclusion :Or each hearing.
citing Sexaionq00.31-A, which provision Each heari~ wiB not start earlier
_d_?~. db'/Ye..Fil?.at~-~va~uble!9r
r~ew<~)a'i~_mg~la~bUsin~s hbt~.m/d
prior to th~ day ol the .hear~g. If ~ou,
h~ve q~estiom, please d(~ no{ hesitate
to contact o~r office at ¢631) 765-1509,
or by.e-mail: Linda. KoWaiskiCa~ow~'
$outhold.ny, u~
Dated: Augur{ 4.
ZONING BO.~kRD O~ A~
GERAR-D E C-OEHRINOEI~
~437 , . . A~OWA~Sla
~aild- ~ 5Maia
' P.O..Box 11~9
Southoid, NY ~t~-6~
~50qT 8/7 ..
new. non: ) build
TOWN OF SOUTHOLD PERTY REC~Ri~ CARD
~T']~o~t.~ Wcf P-~--~ ~-~J ~:~
FORMER OWNER 'Y',/c:~ '
RES. xX,,ak,,t s~s. v,.
AGE
NEW
Farm
1
Tillable 2
Tillable, 3
Woodland
Swampland
Brushland
House ~ot
IMP.
I0 oo0
NORMAL
Ac re
DISTRICT
,~CREAGE
/./$~ ,,' ·
TYPE OF BUILDING
MISC.
SUB. LOT
TOTAL DATE REMARKS
~//o1~, -w'~o ~ ~- ~ ~. ~ ~/~ ~,.~.o~/?~.~b~~
BELOW ABOVE I~do6 &P~ ~o ~[fi~ ~ ~¢io~ .
Volue Per Acre Value ~/~ -- ~e-¢O lb
66.-1-33
F°unOoti°n
Extension Basement
Extension Ext. Walls
~ ~/~ /~ ~ ~' Porch R~ms 1st Flor
Breezeway Patio R~ms 2nd F[~r
Garage /~ ~/~ ~ /~ ~ / /~ ~ Driveway
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
JOANN WALKER
(Name of Applicant)
CTM Parcel #66-1-33
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
MAILINGS
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and saythat: , ~t.....~
On the/-~' day of August, 2008, I personally mailed at the United States Post
Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
a true copy 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 ( X ) Assessors, or ( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-way of
record, surrounding the applicant's property.
Sworn to before me this~?'/¥
day of August, 2008
~ 'f (N~tary Public)
MARGARET C. RUTKOWSKI
Notary Public, State of New York
No, 4982528
Qualified in Suffolk Count.
Commission Expires June 3, ;:JO I [
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.
WALKER
NEIGHBOR LIST
SCTM: 1000-66-1-33
DAVID KENNY, PAMELA KENNY
DOROTHY KIMBALL
30 W. 70TM STREET, APT. 6A
NEW YORK NY 10023
SCTM: 1000-66-1-32
DAVID M. DALY & OTHERS
PO BOX 398
SOUTHOLD NY 11971
SCTM: 1000-66-1-34
K.D. HOEY & OTHERS
2170 COUNTRY MANOR DRIVE
MT. PLEASANT SC 29466
SCTM: 1000-66-1-25
ROBERT M. DALY
35 DRIFTWOOD LANE
DARIEN CT 06820
SCTM: 1000-66-1-26
RECEIPT : RECEIPT
FROM: FROM:
SEND TO:
DAVID M. DALY & OTHERS
PO BOX 398
SOU~HOLD NY 11971
SEND TO:
DAVID KENNY, P.e, MELA KENN
DOROTHY KIMBALL
30 W 70TH STREET, APT 6A
NEW YORK NY 10023
FEES: FEES:
TOTAL $ 5.32 TOTAL $ 5.32
POSTMARK OR DATE POSTMARK OR DATE
RECEIPT
7192 6463 3110 coo01703
FROM:
Patricia C Moore Esq
SEND TO:
KD. HOEY & OTHERS
2170 COUNTRY MANOR DRIV[
MT PLEASANT SC 29466
FEES:
TOTAL $ 5.32
POSTMARK OR DATE
RECEIPT
7192 64~3 3110 00001710
FROM:
patricia C. M(x3re Esq
RE: WALKER ZBA Hgt',RING
SEND TO:
ROBERT M DALY
FEES:
Postage 042
TOTAL $ 5.32
POS'I'MARK OR DATE
F
~l=PA?RICIA~C.
PATRICTA C- MOORt-
5102n MATN ROAD
SOUTHOLD NY 11971
! Clea#y)
Date of Deliver'
2. Article Number
7192 6463 311n nnBB 1673 16
7192 6463 3110 0000 1673
1. Article Addressed To:
ARISTIDIS BAZIGOS
196-39 5nTH AVE
FLUSHING NY 11365
PkTRICIA C- MOORE ESQ-
51n20 MAIN ROAD
SOUTHOLD NY 11971
7192 6463 3110 0000 1659
Date of Delivery
PATRICIA C- MOORE ESQ.
51n2n MAIN ROAD
SOUTHOLD NY 11971
1. Article Addressed To:
JACK STAVRIDIS
7 GALLATIN DRIVE
DIX HILLS NY 11746-7947
4. Restricted Delivery? 3. Service Type
(Extra Fee) [] Yes CERTIFIED
~$'grat.~.re:._~/.~ (OAddressee or [3Agent)
_
Received By: (Pleas~ Print Clearly)
Date of Delivery
-~ ......................................................................... State zip + 4 Code
2. Article Number
7192 6463 3110 nBD~ 1697
7192 6463 3110 0000 1697
1. Article Addressed To:
DAVID M. DALY & OTHERS
PO BOX 398
SOUTHOLD NY 11971
~ File Edi[ View Toolbar Window He~p
1166.-1-25 473889 Soulhold Active R/S:I School: Soul. hold School
Hoe.y. K D RolrYear: I~- Next Yr Res vac land LandAV: 500
335 Town Harbo[ Terrace LandSize:O.31 ac. les ToIalAV: 500
E-~- ~ Parcel 66-1-25
Ol~
LJ
~ Site [1) F
Owner Type: Additional De~ig S a us
Fi st Name: MI: Jr.. Sr. etc:
St Sufli~ Po~t Di~: UnitName Unit No:
State: ZiP Code:
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
JOANN WALKER
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-40-1-7
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT
OF
I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971
being duly sworn, ~depose and say that:
On they day of August, 2008, I personally placed the Town's official Poster,
with the date of hearing and nature of the application noted thereon, securely upon the
property, located ten (10) feet or closer from the street or right-of-way (driveway
entrance) - facing the street or facing each street or right-of-way entrance*; and that
I hereby confirm that the Poster has remained in place for seven days prior to
the date of the subject hearing date, which hearing date was shown to be Thursday,
'Petric~ C. Moore
Sworn to before me this
~ day of August, 2008
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
ZONING 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
July ,,1¢, 2008
Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 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 August 4th
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 arranqements were made in either a written
statement1 or during the hearing, providin.q the returned letter to us as soon as possible;
AND not later than Aug 8th: Please either mail or deliver to our office your Affidavit of Mailinq
(form enclosed) with parcel numbers, names and addresses noted, and furnish it to our
off/ce 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 August 13st: 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 August 20, 2008.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
WALKER, Joann
#6193
MAP #
66-1-33
VARIANCE Yard Location
REQUEST
Accessory swimming pool
DATE: THURS, AUG. 21, 2008,10:55 AM
If you ar.e interested in this pro!ect, you may review the file(s) prior to
the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jn
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
June 17,2008
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
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
ZBA File #6193
Action Requested:
Within 500 feet of:
Owner/Applicant: WALKER
Yard location (pool)
( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Gerard P. Goehringer
ZBA Chairman
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Ruth D. Oliva
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
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.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
June 13, 2008
Mark Terry, Senior Environmental Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. 6193 (WALKER)
Dear Mark:
We have received an application for an accessory swimming pool as detailed on the
enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter
280 (Zoning Code), and survey map, project description form, are attached for your
reference.
May we ask for your written evaluation with recorrmaendations for this proposal, as
required under the Code procedures of LWRP Section 268-5D.
Thank you.
Very truly yours,
Gerard P. Goehringer
Chairman
Encls.
LINE OF
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AUSTIN PATTERSON DISSTON
ARCHITECTS, LLC
www. apdarchitect s. corn
376 Pequot Avenue, RO. Box 61, Southport CT 06890
(203) 2554031 · Fax (203) 254-1390
4 Midland Street, P.O. Box 1707, Quogue NY 11959
(631) 653-1481 · Fax (631) 653-6605
ALTERATIONS & ADDITIONS TO THE
WALKER RESIDENCE
290 Town Harbor Terrace
Southold, NY 11971-1130
Drawing Title:
Project No.:
07006
Drawn By:
RR
Issued:
Scale:
1/~"=I'=~"
Date:
~awing No:
NOTE: DO NOT SCALE DRAWINGS
APPEALS BOARD MEMBERS
Ruth D. Oliva. Chaimvoman
Gerard R Goehringer
Vincent Orlando
James Dinizio. Jr,
Michael A. Simon
Southold Town Hall
53(}95 Main Road · RO. Box 1179
Southold. NY 1197141959
Office Location:
Town Annex/First Floon North Fork Bank
54375 Main Road Iai You ngs Avenue~
Southold. NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTIIOLD
Tel. (631} 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 12, 2005
ZB Ref, 5623 - JOANN WALKER
Property Location: 290 Town Harbor Terrace, Southold CTM 66-1-33.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, without an adverse effect on the environment if the project is implemented
as planned.
P.~OPERTY FACTS/DESCRIPTION: The applicant's 51,300+- sq. ft. parcel has 150.58 feet along
Town Harbor Terrace and is improved with a single-family, two-story frame dwelling.
BASIS OF APPLICATION: Building Department's May 7, 2004 Notice of Disapproval, amended
May 20, 2004, September 17, 2004, October 1, 2004, and February 7, 2005, for new additions
proposed at less than 75 feet from the bulkhead, citing code Section 100-239.4B.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 at which time
written and oral evidence were presented. Based upon all testimony, docurnentation, personal
inspection of the properbj, and other evidence, the Zoning Board finds the following facts to be true
and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an above-grade.
concrete, in-ground swimming pool and pool fence. The 17' x 28.7' above-grade concrete patio
structure and 20' wide swimming poo~ and pool trough are proposed at 64 feet from the bulkhead, as
shown on the 10/20/2003 survey, amended 3/9/2005 by Daniel P. Jedlicka. The 690 sq. lt. two-
story addition and pergola structure are shown beyond the 75 ft. minimum setback requirement of
Section 100-239.4B.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The new construction is not readily visible from
outside the property lines, and will be for a 488 sq. ft. patio, only 18 inches above grade, and 20 It.
wide vanishing edge pool behind the house on the water side.
~age 2 -May 12, 2005
ZB Ref. 5623 - Joann Walker
CTM ID: 66-1-33
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance. The home has existed for many years with limited
areas to build on the south side facing Little Peconic Bay and with existing retaining wall and lower
bulkhead structures.
3. The vadanca granted herein is not substantial, Neither the extended patio, nor the associated
pool landward of this patio, will be roofed or enclosed, or significantly elevated, and will be near the
setback of the existing patio.
4. The difficulty was self-created and is related to the location of the existing home and to extend
the existing patio.
5. No evidence has been submitted to suggest that a variance in this residential community will
have an adverse impact on the physical or environmental conditions in the neighborhood. The
proposed pool will not be visible from the street or have visual or other impacts to either adjacent
neighbor.
6. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a patio and swimming pool, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member
Odando, and duly carded, to
GRANT the vadance as applied for, as shown on the 10/20/2003 survey, amended 3/9/2005
by Daniel P. Jedlicka, and December 17, 2004 drawings prepared by East End Design
Associates LLC.
This action does not authorize or condone any current or future use, setback or other feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Absent was:
Member Goehdnger). This Resolution w_as duly adopted (4-0).
Ruth D. Oliva, Chairwoman 5//~,/05
Approved for Filing
LITTLE PECONIC BAY
CERTIFIED TO:
JOANN WAL~R
MAP OF DESCRIBED PROPERTY
$1TUA TEA T SOUTHOLD '/"~--~ WALKER RESIDENCE LOT COVERA~=.~
TOWN OF SOUTHOLD ,~ ///'~."'~,"~'~%~.~ __effT~ ~,'~.~=,~, -' - '---
"-""-.,,--,,,..-..~,. ~ DANIEL R
FI~.W~ ~ ~.'~ ~ ~Y~R~N~YO~. lf705
(~1) 472- 42~ N ~ UC NO. ~
JOANN B. WALKER ~SIDENCE
290 TOWN HARBOR TEt~,RACE
SOU FHOLD, NY
PROPOSED SWIMMING POOL IN SIDE YARD
376 Pequot Avenue
Southport? CT 06890
(203)-255-4031
4 Midhmd Street
Quogue. NY 11959
(6M)-653-1481
1
2
3
NOTE:
NO GROUNDWATER ENCOUNTERED
AT DEPTH OF TEST HOLE
PROPOSED LOT COVERAGE DATA
TOTAL AREA 52,359 74
(AMENDMENT TO EXISTING PERMITS)
DESCRIPTION AREA % LOT COVERAGE
EXIST HOUSE 2~226 sq. ff. 4,25%
EXIST. CONC, PATIO & STEPS 563 sq. 6. 1 08%
EXIST. CONC, STOOP 19 sq. fi. 0.04%
EXIST. SLATE WALK 156 sq. ft. 0.30%
EXIST. FRAME CABANA 95 sq. ff. 0,18%
EXIST. WOOD DECKS & STEPS 851 sq. ft. 1,62%
TOTAL EXISTING 3,910 sq. fi. 7.47%
PROP. HOUSE ADDITIONS 689 sq. ft. 1.31%
PROP, STONE STOOPS 0 sq, It
PROP, INGROUND POOL 1,113 sq. 8. 3,12%
PROP. STONE STEPS 126 sq. 8. 24%
PROP, STONE BENCH @ SHOWER 23 sq. ft. .O4%
PROP. WALK 59 sq, ft .11%
TOTAL PROPOSED 3,489 sq. ff. 8 85%
TOTAL EXIST, & PROP.
(EXCLUDING EXIST. CONC. PATIO) 6,832 sq. ft. 10.24%
FORMERLY APPROVED LOT COVERAGE DATA
TOWN TRUSTEES PERMIT f~o470
BUILDING PERMIT #32560
PROP, HOUSE ADDITIONS 603 sq ff 1.15%
PROP. CONC PATIO 338 sq. ft. 0.65%
PROP INGROUND POOL 1,620 sq 8 3.09%
PROP POOL PATIO (INCLUDING
HOT TUB, PERGOLA, STEPS TO POOL 1,839 sq ff 3,31%
POOL TROUGH)
PROP. WALK 387 sq. 8. 0~74%
TOTAL PROPOSED 4,787 sq. fi. 9.14%
TOTAL EXIST, & PROP.
(EXCLUDING EXIST. CONC. PATIO) 8,134 sq. ft. 15.53%
DRAINAGE CALCULATIONS 11/16/07
DESCRIPTION SQ. FT RUN OFF SUB TOTAL
COEFFICIEN'
HOUSE ROOF 2,148~00' 1.0 2148
WALKS,PADS,POOL 1641.00' .9 1,477
BILCO DOOR 40.00' 1.0 40
CRUSHED STONE DRI~ E~934.00' ,8 2968
ROOF DECKS 385,00' .9 347
GREEN ROOFS 379.00' .7 265
TOTAL 7,248
TOTAL REQUIRED TOTAL x .1667 1208
NOTES:
1. MINIMUM SEPTIC TANK CAPACITIES FOR 8 BEDROOM HOUSE IS 2,000 GALLONS,
1 TANK; 10' DIA. 5' LIQUID DEPTH
2. MINIMUM LEACHING SYSTEM FOR 8 BEDROOM HOUSE IS 600 sq ff SIDEWALL AREA.
2 POOLS; 12' DEEP. 8' dia,
PROPOSED EXPANSION POOL
PROPOSED LEACHING POOL
PROPOSED SEPTIC TANK
3. PROPOSED 8 dia. X 8 DEEP DRY WELLS WITH GUTTER LEADERS:
4. THE NON-DISTURBANCE BUFFER SHALL BE PLANTED WITH A MIX OF AmmoDhilia breviliaulatau (12"O.C.):
Mvrica Densvlvan[cau (2-~allon containers, 3' S.C.): URosa ruaosau (2-aallon containers. 3' S.C.): and
seeded and/or Dlantad with Schizachvrium scopariumu 12" eluas. 12"O.C.)
4
14-
TOf= OF
LINE
6)
SEPTIC
-- G
6
7
TYPICAL NOTES TO CONTRACTOR:
1. REFER TO ALL APPLICABLE NOTATIONS
ON ALL PLANS, ELEVATIONS,SECTIONS
& DETAILS, TYPICALALL DRAWINGS
(NO EXCEPTIONS)
2. ALL INTERIOR & EXTERIOR TRIM AND
SIDING TO BE PRIMED & BACK PRIMED
PRIOR TO INSTALLATION (NO EXCEPTIONS)
3. ALL CABINETRY SHALL BE WOOD CABINETS AS
SPECIFIED BY OWNER &ARCHITECT
4. ALL CONSTRUCTION SHALL COMPLY
WITH NEW YORK STATE ENERGY CONSERVATION
CODE, TYPICAL (NO EXCEPTIONS).
A
A
A
5/22/08 ./
FILE WITH TOWN OF TRUSTEES
211412008 Pt,AIlS r~visloNs
No DATE PdEVIGION
AUSTIN PATTERSON DISSTON
ARCHITECTS, LLC
www. apdarchRects com
376 Pequot Avenue, P.O. Box 01, Soufl~port CT 06390
(203) 2~5-4031 · F~x (203) 254-1390
4 Midland Street, P.O. Box 1707, Quoguc NY 11959
(631) 6534481 · Fax (631) 653-6605
ALTERATIONS & ADDITIONS TO THE
WALKER RESIDENCE
290 Town Harbor Terrace
Southold, NY 11971-1130
Drawing Title: Scale:
SITE PLAN 1"=20'-0"
Project No.: Drawn By: Date: sm s~ 3/~s/0s
07006 RR, MC,GB,SA,E
Issued:
PERMIT SET 11/16/07
REV. 1/21/08
S-101 //
NOTE: DO NOT SCALE DRAWINGS
A
B
C
D
E
F