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HomeMy WebLinkAbout6191 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.n, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 jEIVED 8EP 1 8 2008 FINDINGS, DELIBERATIONS AND DETERMINAT41g~__t.~o-,~ . MEETING OF SEPTEMBER 4, 2008 · outEold Towh Clerk ZBA #6191- THOMAS ZOITAS Property Location: 6255 Route 48, Greenport CTM 1000-40-1-7 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 EXEMPT: This application is exempt under Code Chapter 268, Section F inasmuch as the applicant has submitted a site map to show the construction is proposed greater than 100 feet from a natural resource feature or shoreline defense structure or any activity within the CEHA. PROPERTY FACTS/DESCRIPTION: The applicant is constructing a new dwelling on a 49,881 square foot lot, measuring 88.75 feet wide by 487.43 feet long, between County Road 48 and the Long Island Sound. BASIS OF APPLICATION: Based on the Building Inspector's June 12, 2008 Notice of Disapproval citing Section 280-15 concerning a swimming pool, proposed in a yard other than the code-required rear yard or front yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, at which time written and oral evidence were presented. Based upon all Page 2 - September 4, 2008 ZBA # 6191 - Thomas Zoitas CTM 1000-40-1-7 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: Applicant wishes to build an accessory in- ground swimming pool which will be partially in the side yard instead of the rear yard which is not permitted according to Article III, Section 280-15. 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 variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool is located only partially in the side yard because the pool parallels the house and road frontage, rather than the angle of the Long Island Sound and rear yard. The pool is 18 feet by 30 feet with a small semi-circular portion at the south end constructed shallow, for children. 2. Town Law ,~267-b(3)Co)(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 contour of the Long Island Sound is at an angle, and the pool parallels the house and road frontage. 3. Town Law .~267-b(3)(b)(3). The variance requested herein is not substantial, due to the angle of Long Island Sound and the design of the dwelling, the pool is partially in the side yard. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. 5. Town Law .~267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 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 swimming pool on his property, 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 Oliva, seconded by Members Goehringer and Weisman, and duly carried, to Page 3 - September 4, 2008 ZBA # 6191 - Thomas Zoitas CTM 1000-40-1-7 Grant the relief as applied for, as per 5-30-08 map prepared by Chorno Associates dated May 30, 2008 subject to the following conditions: 1. The pool should be heavily screened with 6-8 foot high evergreens on the east side and continuously maintained. 2. The pool should have its own dry well for backwash placed as landward as possible. 3. The pool equipment shall be soundproofed so as not to disturb the neighbors. 4. Any runoff from the construction shall be contained on site as per Town drainage code. That the above conditions 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 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: Member~a..~h~~n), Oliva, Simon, and Weisman. (Member Dinizio was ~s u! adopted (4-0). /GERARb P. GOEHR~-~Gk4R, cH~RMAN 9//~/2008 f/A~proved for Filing // FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 12, 2008 TO: Patricia Moore (Zoitas) 51020 Main Road Southold, NY 11971 Please take notice that your application dated June 2, 2008 For permit to construct an accessory in-ground swimming pool at Location of ro ert \~2~o~}~,-~,~i)~ · p p y: ~t u~48, Greenport County Tax Map No. 1000 - Section 40 Block 1 Lot 7 ls returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool, on a conforming 49,881 square foot lot in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessory in-ground swimming pool is noted as being partially located in the side yard. This Notice of Disapproval was written based on a plot plan dated 5/30/08 by Angle B. Chorno~ architect. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. / / / / /// / / /// / ,/ ROOF RUNOFF HSE.~2365 sq./l. ~,~' GAR.- 810 sq. fl. 51 75 sq. ll. 3175 x 0.17 ~ I = 540 cu. ft. 540/~8.3 = t9 VF PROVIDE 2 L,P.S 6'¢ ~ I0' DEeP TEST HO~E 1/17/03 SURVEY OF PROPERTY A T ARSHAMOMOQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. I000 -40 - 01- 07 SCALE: 1" = 40' JAN 17, 2003 March 2~c)~ MA Y 18~ 2006(4lddifions) NOV. BB, ~007 (TOPO2 Jon. Z3 2008. Iprop. hse.) r/~ //:. 48' AREA = 49,881 sq. ft. or I. 1451 [IISPOSAL ;'TUT'E?:' ",.'~n ',?,:~':./ .'.s?~,f:! ? -" ': UTILITY POLE \ ? / ,/ SEPTIC SYSTEM (~ BEDROOMS) I -IO00GAL. SEPTIC TAN. K_. I -LEACHING POOL B'¢*/~ DEEF P/ITH 3' SAND COLLAR EXCA VA TE A IOf~ HOLE TO SAND BACKFILL WITH SAND SW CROSS SECTION SEP TIC S Y.~ 1-EM ~ ~_~ ac. to tie line ~NY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SEITIOIV ?~OB OF THE NEW YORK STATE EDUC.4 TIOH LAI¢. EXC~T AS PER &ECTIO~ ~09 - SUB~V~O~ E. ALL CERT~I~ TIO~5 HEREON ARE VAL~ FOR THIS ~P ~D CO~S TH~EOF ONLY ~ SAID MAP OR CO~IES B~R THE ~RE&S~ S~L ~ THE SURVEYOR WHOSE ~ TURE ~PP~R$ HEREO~. ~EVA ADDITiON~LLY TO CO~LY WiTH ~ ~ T~ ' ALTER~ BY ' ~E R~C~ TO MUST BE US~ BY ANY A~ ALL S~VEYORS UT~I~G ~ COPY OF ~NOTHER SURVEY~S MAP. TERM~ SU~ ' ~SPECTED ' ' BROUGHT - TO - DATE ~ ~E NOT ~ COOL,CE F/TH THE (6,51) 76.5 - 5020 FA P. O. BOX .909 1230 TRAVELER STREET SOUTHOLD~ N, Y, 119 71 1797 O2- 357 AiJ~I C.~ ~-~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS $ fD~ ~ Filed By:. Assigned/Assignment No. HouseNo. 6255 Street County Route 48 Hamlet Greenport SCTM 1000 Section 40 Block I Lot(s) 7 Lot Size 49,881 Zone r-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 12~ 2008 BASED ON MAP DATED 5/30/08 Applicant(s)/Owner(s): Thomas Zoitas Mailing Address: c/o Patricia C. Moore Telephone: 917-295-6122 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, Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel(~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 5/30/08 APPLICATION DATED June 2~2208 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: 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. El A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] has, E has not been made at any time with respect to this property~ UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our of J~tce for assistance.) Name of Owner: Thomas Zoitas ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): 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: Because the "rear yard" is the Long lsland Sound the pool is partially in the "side yard". The house and pool were plotted on the parcel following the front yard and side yard setbacks. The angle of the Long Island Sound shore front is on a diagonal. The pool "technically" falls into the side but is in fact behind the house and in the back yard. Setbacks to the water were maintained at 100 feet conforming to environmental regulations (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 owner left room for the pool expecting the rear yard to be the land area behind the house. The building department determined that the rear yard runs parallel to the Long Island Sound rather than the house. The pool maintains legal setbacks to the side yard. Due to the angle between the west side of the house and Long Island Sound there is a very small "rear yard" which would not encroach on the 100 foot setback from the top of the bank. The goal is to keep the pool away from the top of the bluff. (3) The amount of relief requested is not substantial because: It is a "technical" variance- the pool is behind the house and 100 feet landward of the top of the bluff; part of the pool is in the side yard because the house follows the street line. (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 designed to avoid variances, the structures were kept a minimum of 100 feet from the top of the bluff. No one realized that the Long lsland Sound would constitute the "rear yard" and while the pool is behind the house in the back yard it is partially in the "side yard" (by definition) (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. House was under construction when this issue was discovered. Are there Covenants and Restrictions concerning this land: E No. [3 Yes (please furnish copy). 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 REQUESTED~_Da_A.~,,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult y~ttr-dttorne~ Sworn to before me this day ~'~_~._, 20~, /N6tary Publ~ ~ Si~31~-of~,ppellant or Authorized Agent (Agent must submit written Authorization from Owner) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 $outhold Town Zoning Board of Appeals Main Road PO Box 1179 $outhold NY 11971 June24,2008 JUN 25 2008 BOARD OF APPEALS RE: ZOITAS; 6255 NORTH ROAD, GREENPORT Dear Chairman & Board members: The pool & patio have been staked as evidenced by the enclosed photo. However, the property is under construction for the new house and it would be appreciated if the Board could inspect as soon as possible as the staking may get in the way and be compromised. Thank you and please do not hesitate to call should you have any questions. V~'~ u ly yours, PCM/bp encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 l) 765-4643 June 13, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Thomas Zoitas 1000-40-1-7 Dear Mr. Goehringer and Board: Enclosed please find following: 1. CURRENT NOTICE OF DISAPPROVAL from construction of swimming pool in the 2. ZBA APPLICATION 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. My client's check payable to ~Town of Southold" Thank you for your continued courtesies. Ver~ yours, k-a~a~icia C. Moore Thomas Zoitas cc: the Building "side yard". \ Inspector for TOWN OF SQUTHOLD 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 / lt.-, /~ / PERMIT NO. BUILDING PEI~VlIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Cheek Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Expiration 20__ Contact: __ ~ .... ~ Mail to: APPLICATION FOR BUILDING Date INSTRUCTIONS 20 -~.'-aT'Tfii'~'~plication 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 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. fi 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 1S HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housin~g c~9~[e.,_~d regulations and to admit author zed inspectors on premises and in building for necessary inspections.//..-~~ (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises If applicant is a corporation, signature of duly authorized officer (As on the tax roll or latest deed) (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade'sLicenseNo. Location of land on which proposed work will be done: Ho~se Number Street ! Hamlet County Tax Map No. 1000 Section Subdivision Block / Lot Filed Map No. ~. ' ..... '. ',"~a Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupanc~/Pr~o/p~.~c/?~'aY' (v,~ ;/2.dz~ 3. Nature of work (check which applicable): New Building_ )~ Addition Repair Removal Demolition Other Work 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee Alteration (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 Depth Dimensions of same structure with alterations or additions: Front Depth_ Height. Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories 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__ NO__ 13. Will lot be re-graded? YES NO __Will excess fill be removed from premises? YES__ NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES __NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 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: ~)~' ~ d~"~~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contrzrzr~or, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swo,4'ndto before me this ,~ ,x day of ,~OA ~ 20qD~F' ~tary Pub'lic Signature of Applicant DEPARTMENT OF PLANNING (I ?OUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 10, 2008 RECEIVED /' JUL 1 ? 2008 THOMAS ISLES, AICP ~' ~"~' DIRECTOR OF PLANNING 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 H, LEE DENNISON BLDG. - 4TH FLOOR lq~.¥I[TERANS MEMORIAL HIGHWAY MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 {631) 853 5190 TELECOPIEE (631) 853-4044 APPEALS BOARD MEMBERS~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 17,2008 Mr. Thomaslsles, Director Suffolk County DepartmentofPlanning P.©.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 #6191 Action Requested: Within 500 feet of: Owner/Applicant: ZOITAS Yard location (pool) (X) State or County Road ( ) 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 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:__ Owner: Thomas Zoitas Date Prepared: June 13~ 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas: Dimensions of first floor extension: New Pool (18' x 30'} Dimensions of new second floor: none Dimensions of floor above second level: Height (from finished ground to top of ridge): __ Is basement or lowest floor area being constructed? lfyes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction if Existing Building Alterations or Structural Changes (attach 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 properly: house 2365 sq.ft. ~'~a-ra,9~ Proposed increase of building coverage: house + pool 540 sq.ft.= 2,905 Square footage of your lot: 49,881 sq.ft, less bank 8960sq.ft. = 40,921 sq.ft. Percentage of coverage of your lot by building area: total lot coverage 14% V. Purpose of New Construction: swimmin~ ~ool VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difflcuHy in meeting the code requirement(s): house designed for pool on waterfront side of house, placement is behind house but in "side yard" due to angle of Long Island Sound 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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). If any 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# 1000-40-01-07 OWNER: Thomas Zoitas 6255 CR 48, Greenport AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees Zoning Board of Appeals_~_X 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: X Variance Nature and extent of action: Construction of proposed pool is more than 100 feet of "top of bluff". Location of action: 6255 CR 48, Greenport Site acreage: 49,881 sq.ft. Present land use: vacant land (under construction) residential Present zoning classification: r-40 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: Thomas Zoitas (b) Mailing address: c/o Patricia Moore 51020 Main Road, Southold (c) Telephone number: Area Code (917)295-6122 (d) Application number, if any: ZBA appeal pending Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattem 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. X Yes No Not Applicable Structures placed more than 100 feet from the top of the bank to comply with zoning and LWRP policies Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable not identified as area of Archeological Sensitivit~ or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources 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 X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The development of the parcel is sensitive to preservation of Bluff. Construction is intended to mitigate effect on scenic resource such as olanting olan, and drainage structures. Conditions are consistent with LISCMP (Long Island Sound Coastal Management Program} which orevents non-point source pollution, prevents flooding and erosion. 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 X Yes No Not Applicable Owner has implemented erosion control measures, i.e. haybales, silt fence, buffers on the down slope edge of the disturbed areas. Standard storm water and pollution control measures are implemented on the site prior to and during construction. 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 X Yes No Not Applicable Mitigation of impacts on water quality are achieved through stormwater and pollution control methods which have been implemented in this project. Drvwells and gutters are proposed to direct all roof runoff into onsite recharge. Pool filter will have dry well for discharge. 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 32 for evaluation criteria. X Yes No Not Applicable More than 100 feet is maintained from the Long Island Sound and the top of the bluff, the Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented in the DEC and Trustees permit. Soils alony Long Island Sound (Carver, Plymouth, and Rivcrhead Soil) are deep, course texture and excessively drained. The soils support a wide variety of native vegetation and the re- vegetative plan should take well. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air qualit~ will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Planting plan proposes indigenous and drought tolerant vegetation required. 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 LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. X Yes No Not Applicable The open space is preserved and undeveloped. The access to the subject parcel is through CR 48. The Long Island Sound access is not changed. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. 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 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity and proposed structures are more than 100 feet from Long Island Sound. Storm water discharge and pollution control measures are critical components of protection of livin~ marine resources. Drywells and gutters are proposed, and filtration and havbales are in ~lace durine construction, all measures which prevent leachate or other environmentally deleterious material associated with development from entering the waters of the Lout, Island Sound. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed as agricultural area. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home and accessory pool are deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. Existing electric, gas and other resources are adequate to meet the needs of this lot. *copy of Town form created on 5/25/05 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Thomas Zoitas 40-01-07 ls the subject premises listed on the real estate market for sale? [] Yes E No B. Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? yes- Long Island Sound 2) Are these areas shown on the map submitted with this application? yes 3) ls 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? yes Please confirm status of your inquiry or application with the Trustees: hearin*, oendin~, 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? 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 under construction 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 ingle-~family; proposed: same with garage or pool, or other description.) Ahthor. i~-~ Signature and Date 2/05; 1/07 PROJECT ID NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALI~Y REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) PART 1 - PROJECT INFORMATION I.APPLICANT/SPONSOR 2. PROJECT NAME + Z ds, SEQR 3.PROJECT LOCATION: Munioipa,i , 4. PRECISE LOCATION: Street Addess and Road Intersection~ County Prominent landmarks etd - or provide map /Ooo - yo .- /- 07 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially / acres Ultimately ' / acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [] Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) [] Residential [] industrial [] Commercial [~Agricuflure [] Park/Forest/Open Space [] Other (describe) 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ]Yes [~ No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes []No If yes, list agency name and permit / approval: 12. AS A R?~ULT E~Yes L~No I CERTPYi ]:J4 T E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF Applicant S ig n atu ~ w~_¢¢.'-~¢-,.,~,¢¢~- ~ ~ OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? MY KNOWLEDGE If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency/ A. DOES ACTION EXCEED ANY TYPE I THRESHOLD N 6 NYCRR PART 617 4? [] Yes [] No , . . If yes, coordinate the review process and use the FULL EAF B. ~~LL A~T~~N RECE~VE ~~~RD~NATED REV~EW AS PR~V~~ED F~R UNL~STED ACTl~NS ~N $ NYCRR~ PART 617~6? IfNo, anegafive declaration may be superseded by another involved agency. ~'] Yes E~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, exisl~ng traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. ,~stJ~ii~, a~i~ult~r~l', a¢ci~eologicai, hisioric, ~r oth~r natu~'ai o~ c~Jliurai res~'rce~'; 0~ C0'nl~uniiy or neighborhooci c~a~cter? Explain brieily: fj C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A community's existing' p~i~r~$ ~; ~)alS ~S '~ffici~il~ ~Js; ';~ ini;~lt~"~i' use ;f i;n~"0~ oii~ n~ U~a~ r~;;t~ce~? Exp ai~ briefly: C5 Growth subsequent development or related acfiv~t~es hkely to be ~nduced by the proposed acbon? Explain bnefiy C6. Long term, short term, cumulative, or other effects not identified in CI-C57 Explain briefly: C7. either D. WILE THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA r'--j Yes [~]No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ~,es ex~lain:. PART III - D~I t:KA'IlNATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffec~~denti~edab~ve~determineWhetheritissubstantia~~~arge~imp~rtant~r~therw~sesign~~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detaiHo show that all relevant adverse impacts have been identified and adequately addressed, if question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more poten fially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action determination.WILL NOT resufi in any significant adverse environmental impacts AND provide, on attachments as necessaG,, the reasons suppodlng thi Name of Lead Agency Date Title of Responsible Officer Signature of Preparer (If di~erent from responsible officer) Pdnt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency ELIZABETH A. NEVILLE TOWN CLERK 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 6191 JUN 18 2008 BOARD OF APPEALS Transmitted herewith is Zoning Appeals No. 6191 of Thomas Zoitas- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Patricia Moore, Applicant's Project Description, Applicant Transactional Disclosure Form, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Application for Building Permit with Disapproval Dated 6/12/08, Notice of Disapproval From Building Department Dated June 12, 2008, Authorization Letter from Thomas Zoitas to Patricia Moore to Represent him in this Matter, Property Record Card (Both Sides), Site Plan of Property Showing Proposed Changes Prepared by Chomo Associates Architects Dated 3/27/08, Up Close Drawing of Proposed Changes Showing Measurements Prepared by Chomo Associates Dated March 27, 2008 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 06/17/08 * * * RECEIPT * * * Receipt~: 22173 Transaction(s): 1 1 Application Fees Reference Subtotal 6191 $150.00 Check#: 6590 Total Paid: $150.00 Name: Clerk ID: Zoitas, Thomas 6255 Coun~ Road 48 Greenpo~, NY 11944 CAROLH Internal ID: 6191 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/17/08 ZBA # NAME CHECK # AMOUNT T~, DATE ~_'[AM P JUN ] 7 2008 6191 ZOITAS, Thomas 6590 $150.00 Sou ~holcl Town Clerk $150.00 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:__Thomas Zoitas & Patricia C. Moore (Last name, first name, middle initial, unless you are applying in the name of someone else or other enti[y, such as a company. 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 the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO 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 o£the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this_13~ day of ~-~June 2008 Signature: Print Name: Thomas,.Zoit~ Pat?icia7 CMoore 06/17/2008 09:08 FAX 631 765 4643 11/06/2007 18:41 FAX 631 ~OORE LAW OFFICES MOORE LAW OFFICES + ZBA ~ OOl ~oo3 AUTHORIZATION LETTER Sou=hold Town Zoning Board o2 Appeals P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Any and all other State, County, or Local agencies. AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 Dear Sir or Madam; The undersigned authorize Patricia C. Moors Esq. as our agent for all submissions to the Town of $outhold, and any other Sta~e, County, or Local agency which may be required for construction of a pool. LAND OWNER: 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 Soulhold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.nor thfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631,} 765-1809 · Fax (631) 765-9064 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 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~ AUGUST 21~ 2008: 10:25 A.M. THOMAS ZOITAS #6191. Request for a Variance under Section 280-15, based on the Building Inspector's June 12, 2008 Notice of Disapproval concerning a proposed swimming pool, in a yard other than the code-required rear yard or front yard, at 6255 Route 48 (property adjacent to Long Island Sound), Greenport; CTM 40-1-7. 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 (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ;~o ~ ~'o-/- 7 TOWN OF SOUTHOLD ~ROPERTY RECORD CARD FORMER OWNER ,ND / IMP. TOTAL DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value 1 Tillable 2 Tillable 3 Woodland ~wampland 3rushland House Plot Fora I DISTRICT SUB. ACREAGE /,o~ TYPE OF BUILDING LOT CB. I MISC. REMARKS ,~'~c /96'5/ ~.-~c. ~F/'~-~-/-~-¥ " ' - ~ - 33- /' "--~-~/~' #8950 o~/~ STATE OF NEW 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 Swomtobeforemethis ~-~ dayo, (~"~ 2008 NOTARY PUBLIC-STATE OF NEW YORK, NO. 01-VO61050,50 Qualified in Suffolk County My Commission Expires February 28. 2012 rely. rd setback at less than the code- o nformance with regard to the required 3S feet, at 340 Colonial Road. $outhold; CTM 79-6-29. 10:23 a,m, THOMAS ZOITAS gO191. Requeai for a Variance under Sectlor 280-15. based on the Bugthng Inspec. tor's June 12, 2008 Notme of Disapproval ~oncernmg a proposed swimming pool. rear yard or front yard, at 6255 Route 48 (proport~ adjacent to Long ISland Sound). Greenport; CTM 40-1-7. 10:55 a.m. gOANN WALKER #6193. Request for a Variance under Section 281~-15, based on the Building Iuspectbr*s June 13.2008 Notice of Disapproval Cng. ¢~rnmg a proposed accessory swimming _~ol structure irra yard other than the euqle-required rear yard Ior frdnrs/ard) at 290 Town Harbor Terrace, $~61~ ~ 66-I-33 (adjacent to Little Pecomc exceeding 20 ft. posed setback al less or restore the dama ed portion of auy building damag~ml~°e~Ptroyed tis set forth in gubsection~J abo~e shall I~ tiled within one year of thedate of such damage and shall be accompanied, by plans for reconstruction which;as to ~uch portion, shall compty ~ith the require- ments scl forth above. If sdth permit ia issued, it shall lapse one year thereafre~ unless reconstruction m accordance with the approved plans has been thil{ated; 3) Alternatively~ Variances based the Building Inspector's filovember 8 2007, Notice ~f Disapprova ufider Sec- tion 280-I21A and Section 100-3lA. denied for the ~:easons that the acce~ sory cottage use is .nonconforming.}m~l constitutes ~, seco~id dwelfing unit, ami as such may not tie enl~r~c~:t,~alte~ed. eXteddecr~';z~cOn'st~u~eil~or r~tored o~ placed on a different portiorS'~f'the lot... nor shaB'any ektern~,Ee~id&nCe. 6fs;a~{I auy means whatso- Estates, Block 15 CT/vi;106-5-4 1~40-~,m. SPYRO AVDOULOS OUST2t~ 7~l~z t~I~9~ Request for a Variance under 9:30 a.m 2000 BR~)ADWATERS ing~fnspectfr~s.~ 10;.~008'1~o e~ ~f S~e~dn 280~l?A(1)-.ba~d oiL~e Build- LLC # 6186, Request for a Variance un Disapproval concerning a p~oDoSed der S~ction 280-1gg~ based 6n the Build- ameudthent to plan Cdr a new dwelling ~ Inspector's May 12, 2~08, Notifie of ulsapproval concemin ff rd os at less than the cede-required lO0.foot · . -, p P~ e~new dwelliug wath a seffOa~.~iF]ess fllan the minimum from the. top of the bluff or codec~equ~ed 35 feet from. the front bank of the Long Island Sound, at 54985 loi tihe~after dernolishi~g;;the 4xi~img N°2~h R°ad, Greenport CTM44-1.5, ~l~l~at 2000 Broa..d~a,{~N~ad !00p. m. LIA POLITESandKEViN ?}.~.~0a~.ROI, l~ . of lh'operty: 300 Jackson Street New ~?~ALLAG~ l-IE~;2,~u~,s ~Su~lkk~ 11~7-10-2. ~ha Applidants ,.tzzg,hage:~ ~ ai~IBh~ ~fi3'-~ansing 8~ ~th~ e~istB/g ~rP ~)~;Snd ~ ' nded) requestthe fol- aa~as~ ~Yn S~o~ t~g t~h~en~nC ~ ~°tr n~/mg ~olv~e~eVersa of the Building Laspeetor% the B~dcling Inspector's NotiCe of'D s tuber 8,2007 Notice of Disapproval approval ate; The b~il~ilng ~hail ndt be -whae~-s~/~th~t the accessoq5 cotta e ed or restore~d or replaced d~:~/differ~n! ' ~.~ ^. ~ w~llinge unit, c~tmg Sect on porilonofthe otb[ areeld z~u-~z~& wMch rovi . P f.land oceu .... . ~ stun states: Such p~d by such use.., nor shall*any external noneonfonmng use of but dings ... mi ev~denceofstichUS~bein~e~&bvan~ be continued indefnitelv exc ddetac~led dwellings, not to exceed one lor~rg, ed, altered, extended, reconstracted welling on each lot. Location of Prop- r restored or placed on a different pot- er~y: 2950 Vanston Road. Cutchogue; CTM ffl-5-7.2 9:50 a.m. RYAN and JENNIFER S-TO R,I<,,~ 6187. Req: ~st ~,.r Ya~ances l~, io08:N~c~ of oi~nmval~ cod- ceming a proposed he~ d[~lng (~ffer demolishing the existing building). The new dwelling is proposed at less than 15 feet on a single side yard, less than 35 feet on total sMe yards, and less than 75 feet from the existing,bulkhead adja- cent lo Gmat Peeonic Bay. Location of Pt~°~elcY:' 3~7G~ Pecon4e Bay 'Boulevard Laurel CTM~128.$ 8. ll~lba.m. RiG74ARD MA24FREDi ~ec!t°n-~80?12~ an.al'280-124. (2BA l:n- ter~etation.#$039), based dn the Bifild- total zi~*.y.aa~ls,~at 2~0 ~q~ ~path lion of the lot Or parcel of land occup ed by such use'oh tile effec ive date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citing Section iO0.31A, which promsten states:-'In A-C, RS0 Dismets, no building ~r premises shag >e used and no build- mg or part of a building shag be erected or altethd which is arranged, intended or designed to be used, in whole or In part, for any uses except the Io0owing: A. Permitted uses, One-family detached dwellings, not to exceed one dwelling on each ldt "' 2) Interpretation to deal with h s pre exiat[ng~?~sidentlal use ih a resident a zone, applying-Cede Sect on 280-121A an&or 280-122, Nonconforming Build- ~ng~ With Conform ng Uses, which states: A. Nothing M thissirticle shail be deemed to preVeht the remedel/ng recons lion .or enlargement of a noneonform ing building containing a ebnforming use,p:5~°~.ided that. such action does not er&ate any new ndni:onforman~ or n- crease .~e dd~e~ 'of n6ne6nformance pool and shed construction at: (t) less than 100 feet from the top: of the bluff adjacent to the LL Sound; (2)]es~ thaQ the coi:l~:reqfllre~ mlnllnum 1~ ff~ ~ de yard (new'd~0b0thg); (3)'side y~d'toca~ ~on.and setbact~arles~ tha~40 feint fton~ ana shed); mg(4)dot ~ov~ag~ im~x~ss of the co~'l~t~fib~ 6t 20~ (a~'~on s~cfion). ~cafion 54~5 So~d d: m,~oad, ,¢1 m 52-140 ~d:l~c~b ued oased on ~e ~fld~g ~t~r% May 6, 2~8 ~Oti~ of Diia~r~va concern lng an "~bodt"~deek addition to the 50 feet ~om ~ rear lot line and which reqmred re~ yar~, at ~5 Private Road South01d; ~ 7829~0. ante for deck addMon to ~e dwe n~at less ~an 75 feet ~om the bu]~eed, at 1475 Pine Neck Road, Southold: 70-5-40. mg to be heard at each hear~, and/or desi~ated above· Files are available for prior to the day of the hearing. If you or by e-maih Linda Kowa~ski~Town. Date0: August 4, ZONING BOA~ OF APPEALS BY LINDA KOW~KJ Rd. Box 1179 addition ~ an ex~tiu~ ~e~h new co~on creates a new non- t and build ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of THOMAS ZOITAS (Name of Applicant) CTM Parcel #1000-40-1-7 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: , L On theL'~ 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'-~'/Th/ day of August, 2008. '/ (N~tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, 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. RONALD W. SURTRENANT PO BOX 201 GREENPORT NY 11944 SCTM: 1000-40-1-6 DOROTHY YOUNG PO BOX 658 GREENPORT NY 11944 SCTM: 1000-40-1-8 RECEIPT 7192 6463 311 o oooo 1772 FROM: Patricia C Mc~re Esq RE: ZOITAS ZBA HEARING SEND TO: DOROTHY YOUNG FEES: TOTAL \ { 5,32 ~)OSTMARK OR DATE ZOITAS NEIGHBOR LIST SCTM: 1000-40-1-17 RECEIPT 7192 6z!63 3110 0000 1765 FROM: Patdcia C Moore Esq RE: ZOITAS ZBA HEARING SEND TO: RONALD W SURTRENANT PO BOX 201 GREENPORT NY 11~4 FEES: TOTAL ! ~ ~$ 5.32 P~OSTMAR~.~ DATE PATRICIA C- MOO 51020 MAIN ROAD SOUTHOLD NY 11971 ESQ- Received By: Date of C PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 By: (Please Print Clearly) of 4. Restricted Delivery? I qe;vice Type (extra Fee) [] Yes I CERTIFIED 7192 6463 3110 0000 1765 t. Article Addressed To: RONALD W. SURTRENANT PO BOX 201 GREENPORT NY 11944 4. Restricted Delivery? 3. Se~ice Type '-~ I(ExtraFe,) [--]Yes I CERTIFIED 7192 6463 3110 0000 1772 · Article Addressed To: DOROTHY YOUNG PO BOX 658 GREENPORT NY 11944 ZONING BOARD OF APPEALS TOWN OF $OUTHOLD: NEW YORK In the Matter of the Application of THOMAS ZOITAS 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 theF-'/)'~:tay 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, AUGUST 21, 2008 Pa nc'tTi~-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: ht~ ://southtown.northfork.net July 2~', 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 mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearinq, prov d nq the returned letter to us as soon as possible; AND not later tha~ Auq 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 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 August 135t: 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 Postinq 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 En¢ls. TOViN OF SOUTHOLD ~ VILLAGE OF GREENPORT ~ i K j ~ ~,, ~ i-~ ~nuTHnl FI ] SECTION NO NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ZOITAS, THOMAS #6191 MAP # 40-1-7 VARIANCE Yard Location REQUEST Accessory in-ground pool DATE: THURS, AUG. 21, 2008,10: AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 APPEALS BOARD MEMBE Gerard Ia Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Silnon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 15, 2008 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box I 179 Southold, NY I 1971-0959 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 # 6191 - Application by Mr. Thomas Zoitas(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