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HomeMy WebLinkAbout1000-30.-2-61 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main 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 MEMORANDUM To~ From: Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator Date: October 2, 2008 Re~ Coastal Consistency Review ZBA# 6223 (Messina) SCTM# 1000-30-2-61 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 recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. The distance from the proposed inground swimming pool and spa to the top of bluff is 75 feet~ a minimum separation distance of 100 feet is required pursuant to Chapter § 280-116 A which states: (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than lOO feet from the top of such bluff or bank. It is recommended that the Board require that the applicant amend the action to meet and/or further the above policy to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attomey Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 Office Notes: __ Filed By:. Da~e Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.1690 Street The Strand Hamlet East Marion SCTM 1000 Section 30 Block 2_.Lot(s) 61 Lot Size 26t230 sq.ft. Zone District R-dO I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED.~' September ~1,200~ Owner as Applicant: Thomas G. & Joyce I. Messina Mailing Address: c/o Rolf M. Thorsent Esq. 11 Ramapo Roadt Garnerville~ NY 10928 Telephone: Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Catherine Mesiano, Inc. Address: 12 Mill Pond Lane~ East Morichea~ NY 11940 Telephone: 631-878-8951 or 631-553-3992 Fax:631-878-8951 Please specify who you wbh correspondence to be mailed to, from the above listed uames: [] Applicuut~Owner(s) X Authorized Rep~eseutative [] [] Other: WHEREBY THE BUILDING INSPECTOR UENI~U AN APPLICATION DATED 916/07 FOR: X Building Permit [] Certificate of Oecupuucy [] [] Pre-Certificate of Occapaucy [] Chauge of Use [] Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance hy numbers. Do not quote the code. Article XXll Section 280- '116 Subsection A(I ) Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] [] has X has not been made with respect to this property UNDER Appeal No. Year 1690 TI'~ Strand, East Marion SCTM # 1000-30-2-61 Page 2 of 3. Appeal Applicatioa Part A: AREM VARIANCE REASONS I ) An undeskable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if g~nted~ because'. o The prolx)sed swimming pool is a uae that is compatible with a residential zone. o The proposed setbacks, fencing and screening plantings are planned so as to complement the area and maintain the neighbors' vlatss and privacy. a Similar relief has been granted in the area. 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: o The subject site provides no conforming location for a swimming pool, or any other accessory structure. 3) The amount of relief requested is not substantial because: o The area subject to this request is 641 square feet. o A 2.2% variance is requested for the excess in lot coverage. 4) The variance will NOT have an adverse effbct or impact on the physical or environmental conditions in the neighborhood or district because: o The proposed location preserves the vistas of the neighboflng properties o All necessary erosion control measures will be implemented during and post- construction to minimize the potential for degradation to the bluff. o No encroachment into the Coastal Erosion Hazard Area is proposed. A 66' minimum setback to the CEHA is proposed. o The topography of the lot is generally flat to gently sloping toward the south, therefore the potential for erosion to the bluff is minimized. (5) tfas the varim~ce been self-created? Yes, or (X) No. If not, is the construction existing, as built'? ( )Yes (X) No o Setback requirements have changed since creation of the subdivision and recording of Declaration of Covenants and Restrictions in t975, o The definition of "lot coverage" and "buildable lands" has changed subsequent to construction of the existing dwelling. Additional information about the surroanding topography and building areas that relate to the diffieulB' in meeting the code requirements: o The prectical difficulties encountered in the development of this site have precluded the addition of any conforming accessory structures. After meeting the required front and bluff setbacks, no conforming buildable area exists on the site. o The C&R'a state that the "owner of a waterfront Iot...shall not consU'uct any part of the dwelling northerly of the approximate 100' bluff setback line shown on the filed map, unless approved by the Town of Southold." Clearly, at the time the map was approved, other improvements north of the dwelling were contemplated. The changes in the Town Code subsequent to the approval of this subdivision imposes a hardship on owners of Iota created before the implementation of the LWRP and current setback and lot coverage requirements This is the MINIMUM that is necessary and adequate, and at the same.~.me pre--es and protects thc character of the neighborhood and the health, safety, and welfare of the commu~f~,~ )/'~ /.~ C~erine Mesiano, Pres. Sworn to before me this/~lay of September 2008. (Not~y Public) Messina 1690 The Strand, East Madon SCTM # 1000-30-2-61 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Thomas G. & Jo¥ce I. Messina I. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: February 13, 2008 II. New Construction Areas (New Dwelling or New Additions/Extensions): 20' x 30' I/G pool and 5' x 5'spa maximum depth 8' Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level Height (fi.om finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured fi.om natural existing grade to first floor: IlL Proposed Construction Description (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: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: house: 2074 sq.ft.; decks:670 sq.ft. Total Existing: 2753 sq.ft 18% Proposed increase of building coverage: 641 sq.ff 4.2% Square footage of your lot: 26,230 sq.ff Percentage of coverage of your lot by building area: Existin.q 18% Proposed 22.2% V. Purpose of New Construction: Further use and eniovment of the property; upqrade property consistent with other improved properties in the area 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): Generally level with 1-2' increase in elevation some areas north of proposed pool/spa 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 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 Expiration ,20 .' ..' PERMIT NO. .BUILDING PERMIT 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 Storm-Water Assessment Form Contact: Mail to: Phone: (05}- Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 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 p[emises, 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 aRer 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 buildmgs, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections.' (Signature of applicant or flame, ifa corporation) (Mailing address oi'applicant) State whether applicant is owner, lessee,.~ architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~ .JLH t4¢5o¢. &LO (As on the tax roll or latest deed) If ap~pl}cant is a corpo~on, signatureAff duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians LicenseNo. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section ~O Block' ~" : Subdivision ffl,~.o o? {)-.J~b}{ 5~e~8 /c~r,~s Fi/(~l.i~ap,.N.°. ,. ame) Lot 4, / Lot II 7 2. State exast~ng use and occupancy of premises and ~nten~ed u, se and occupancy of proposed construction: a. Existing use and occupancy ~ ~ n ~ /~. d~ ,~ , ] ~, cJ ~ / i ,%~ ' b. Intended use and occupancy > o~ ~,, ~ ,.%/ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost /t,.p?-o~ ,2_~. r)oo Fee 5. If dwelling, number of dwelling units -- If garage, number of cars pool Addition Alteration OtherWork ~,~n~lr~.~f- t/c~ p~o/po',3o' (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 5 cD ' Rear Height Number of Stories Depth /5 % ' / 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 Depth ,,q 4- 7. ~ q '/ / 9. Size oflot: Front '~ '~' Rear ~ 7-5 ' 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ ~ ~- o 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES NO >~ Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises J. ~4 cc./:~, Ac Address Name of Architect Address Name of Contractor Address _% ,, r,~,.,,Phone No. Phone No Phone 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 cfa 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 ~/ NO __ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF 6 c~Fd/Z ) (/)/J~- ~ ~, .~.J ?~Q e ~.~ r~., being duly sworn, deposes and says that (s)he is the applicant (Name of individual siginng contract) above named, (S)He is the dff e,~- (Contractor, A~ent, Corporate Officer, etc.) of said owner or owner~ 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 tree 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. Sworn to before me this ' ' ' N~t~-y Public NO 52.4~24771 Signature of Applicant QUALIFIED IN SUFFOLK COOk . COMMI$SlON EXPIRES NOV 30, 20. !. o February 13, 2008 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 ql./o Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Thomas G. & Joyce I. Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 Dear Mr. Goehringer: I am the agent for the above referenced applicants who are seeking relief from Article XXll Section 280-116-A (1) of the Zoning Code for construction of an in-ground pool and spa <100' from the bluff. There is no conforming location on the site within which to site the pool. Enclosed please find 8 sets of the following: 1. Building permit application dated 9t6/07 and Notice of Disapproval dated 9/11/07 2. Notice of Disapproval amendedl/14/2000.- ~/oz.,/o ~' 3. Application. 4. Owner's consent 5. Z.B.A. Questionnaire. 6. Project description. 7. LWRP Consistency Assessment Form 8. Transactional Disclosure Form. 9. Assessor's property card. 10. Survey 11. Subdivision map and Covenants & Restrictions Also enclosed is my check in the amount of $400 for the application fee. We respectfully request that this matter be scheduled for the earliest available hearing date. Should you require any additional information, please do not hesitate to contact me. Very ?ly yours, Oe~erine M~§ ano, President Enclosures 1690 The Strand, East Marion SCTM # 1000-30-2-6t QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION mo Is the subject premises listed on the real estate market for sale? { } Yes {X} No Are there any proposals to change or alter land contours? { } Yes {X } NO 1) Are there any areas which contain sand or wetland grasses? NO 2) Are these areas shown on the map submittcd with_this application? NIA 3) Is the property bulk. headed between the wetlands ama 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? N/A Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." NONE Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. NIA Do you or any co-owner also own other land close to this parcel? NO If yes, please explain where or submit copies of deeds. Please list present use or operations conducted at this parcel. SINGLE FAMILY DWELLING and proposed use SAI¥1E~ WITH POOL Date: February 13, 2008 Messi0a 1690 The Strand, East Marion SCTM # 1000-30-2-61 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Thomas G. & Jo¥ce I. Messina I. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: February 13, 2008 II. New Construction Areas ~ New Dwelling or New Additions/Extensions): 20' x 30' I/G pool and 5' x 5'spa maximum depth 8' Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IIL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number o£Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: house: 2074 sq.ft.; decks:679 sq.ff. Total Existin.q: 2753 sq.ft 18% Proposed increase of building coverage: 641 sq.ff 4.2% Square footage of your lot: 26,230 sq.ff Percentage of coverage of your lot by building area: Existin.q 18% Proposed 22.2% V. Purpose of New Construction: Further use and enjoyment of the property: uoarade Dro~ertv consistent with other improved properties in the area 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): Generally level with 1-2' increase in elevation some areas north of proposed pool/spa 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 Messina (Hurtado) 1690The Strand, East Madon SCTM # 1000-30-2-61 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to thc 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 Permit and other ministerial permits not located within the Coastal Erosion Hazard 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy 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. Messina (Hurtado) t690 The Strand, East Marion SCTM # 1000-30-2-.51 B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 30 2 61 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X ZBA 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, iicense~ certification: Nature and extent of action: CONSTRUCTION OF 20' X 30' IIG POOL AND 5' X 5'SPA Messipa 1690 Tine Strand, East Madon SCTM # 1000-30~2~61 Location of action 1690 The Strand, East Marion Site acreage:. .602 A Present land use: SINGLE FAMILY DWELLING 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: THOMAS G. & JOYCE I. MESSINA (b) Mailing address:cio Rolf M. Thorsen~ Esq. 11 Ramapo Road~ Garnerville~ NY 10928 (c) Telephone number: 845-942-4200 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Ye....~s No If yes, which state or federal agency? NYSDEC (non-jurisdictional) 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 of a coastal location, and minimizes adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Construction of a pool at this site is proposed in a manner consistent with relief granted under similar conditions. The C&R's state that the "owner of a waterfront lot...shall not construct any part of the dwelling northerly of the approximate 100' bluff setback line shown on the filed map, unless approved by the Town of Southold." Clearly, at the time the map was approved, other improvements north of the dwelling were contemplated, and not prohibited. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. Sec LWRP Section llI- Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or distrfcts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subiect site is developed with a single family dwelfing. Policy 3 has no relevance to construction of the proposed pool/spa. Messina (Hurtado) 1690*The Strand, East Marion SCTM # 1000-30-2-61 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. yes No Not Applicable The applicant realizes the importance of maintaining the integrity of the bluff and preventing any condition that may pose a threat to the bluff The proposed pool will be des~qned and constructed in accordance accepted engineering practices relevant to the site conditions. Further, the recommendations made by the Suffolk County Soil & Water~ Conservation Distdct will be implemented in con/unction with the pool/spa construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. Yes No Not Applicable The subiect site is developed with a single family dwelling. Policy 5 has no relevance tn construction of the proposed pool/spa. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Yes No Not Applicable The sub/ect site is developed with a single family dwellinq. Policy 6 has no relevance to construction of the proposed pool/spa. Policy 7. Protect and improve air quality in the Town of Southold. Yes No Not Applicable It does not appear that Policy 7 is relevant to construction of the proposed pool/spa. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Yes No Not Applicable The proposed pool/spa will be constructed with drywells to provide for containment of any backwash matedal that may result from its operation and maintenance. 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. Yes No Not Applicable Construction of the proposed pool/spa will have no impact on public access to, and recreational use of, coastal waters, etc. Mes$ina (Hurtado) 1690 The Strand, East Marion SCTM # 1000-30-2-61 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 IH - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to construction of the proposed pool~spa on a residentially developed IoL 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. Yes No Not Applicable It does not appear that Policy 11 is relevant to construction of the proposed pool~spa on a residentially developed lot. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to construction of the proposed pool~spa on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111 - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to construction of the proposed pool~spa on a residentially developed lot. 51TE PLAN FOP PEBBLE BEACH FARMS o~ DECLARATION MADE this 14th day of May, 1975, Pebble Beach Realty, Inch, a domestic corporation of the State of New York having it's principal place of business at 301 Clay Pitts Road, East Northport~ New York i1731, hereinafter called the Declarant: WIfERF~S, the Declarant is the owne~ ].n fee simple of a certain parc81 of land situate at East Mar~on, ~own of Southoid, County of Suffolk and State of Ne%~ York, D~i~%~ the premises described ]n deed dated Octobe~ 31, 1972 made by Arthur L. R. Fr~ncisco and Helm~ T. Francisco to Pebble Beach Realty, I~c. recorded in the Suffolk County C!erk'~ (~ft-ice on November ~0, 1972 in L]ber 7279 mt page 489~ a metes %~d bo,-ds descriItion of which is show~ On Schedule A as attached heret9 ~d mad{~ a pa~t hereof, and referred to here~n as the "premises". WkIEREAS, the Declara/~t intends to subdivide said premises for residential purposes and desires to subject said premisea to certain conditions~ covenants and restrictions. ~OW T}~PJ~FORE, the Declarant does hereby declare that the aforesaid pre~nises a/id ever~/ porLion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchase~ of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the ~ovenants, conditions and restrictions hereinafter set forth. ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "Map' when used herein ts inteaded to mean the subdivision map of the premises entitled "Map Of Pebble Beach Farms, East P~arion, Town of Southold, Suffolk County, New York" heretofore approved by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's Office. 2. The words "lot" or "lots" when used herein mean the separate ntunbered parcels of la~d as shown on the subdivision map. 3. The word "street" when used herein means the streets or roads as shown on the subdivision map. 4. The word "open space" when used herein means the separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, corporation or partnership owning ail or a portion of the premises shown on the subdivision map. ARTICLE II= The following Covenants and Restrictions applying to the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer: 1. No dwelling shall be erected having less than 1000 square feet of interior living area on the ground floor. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall have an attached garage with an asphalt or bluestone driveway extending therefrom to the street p~vement line. Each dwelling shall have a gable, ' hip, or pitched roof. No flat roofs shall be constructed. 2. No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. NO more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. -2- 6. No fences, either natural or men made, shall be erected or maintained on any lot in sxcess of four (4) feet in height except that this limitation may be exceeded if requirgd by the zoning ordinance of the Town of Southold in connection with the construction of a swimming ~ooI or similiar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Bach corner lot shall for these ~urposes be considered to have it's front yard on the street of the longest dimension. 7. NO title i~ and to the bed of the road is to be conveyed to the lot ~urchasers. The grantor retains the said title and the r£gh~ to dedicate and convey the said title to the Town of Southold or to a lot owners' association, which associa- tion is as hereinafter provided. However, the land in the bed of the streets show~ on said map shall be subject to easements to provide for the installation a~d maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground. 8. No nuisance nor noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall any accumulation of rubbish, garbage, junk or materials of any kind be ~ermitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- eloper signs which cc~ply with the Southold Town sign ordinance. A lot owner ~y maintain a "for sale", "for rent", or "pro- fessional office" sign on his lot not larger than 12" x 24". 9. NO sand, earth or sod shall be removed from the premises or excavation be allowed to remain open thereon, except as may be necessary during building constr~ction periods. After -3- construction, lawn and landscaping shalk be installed and maintained thereafter in an attractive manner. ~  An of water front lot facing on the Long Isl owner a Sound shall not construct any part of the dwelling northerly / / of the approximate i00 foot bluff set back line shown on the / / filed map, unless approved by the TOWn of Southold. ll. The individual lot owner shall be responsible for, and repair or cause to be repaired, a~y damage to the paved and drainage swale areas of the road in front of his lot, which may be caused by the operation of ~ehicles or machinery during construction or otherwise. 12. The use of each lot shall be limited to one family residential use. ARTICLE III- OPEN SPACE It is the intention of the Declarant that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. TO effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open spaces on the subdivision map, to wit: Unless authorized by the Southold Town Board, 1. NO structures shall be erected or placed in or on any open space. 2. No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. 3. No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such -4- other removal of vegetation as may be required for the proper natural preservation thereof. 4. Subject to the foregoing provisions of this Article III, open space areas "A", "B", "C", emd "D" shall be used solely for agricultural, recreational use of lot o~rners and their guests, and surface water drainage ~m~r~oses, except that open space area "D" may also be used by the Village of Green~ort for the purpose of installing wells therein, and pumping facilities thereon for it's public water supply system, provided that the plans therefor and the manner of construction thereof are approved by the Southold To~n Board. 5. Open space area "E" shall be used solely as a bathing beach and related U~es by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall he subgect to such r~asonable rules and regulations, including fees and charges, as may from t~me to time be established by the Declarant, or its successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. 8. It is the intention of this Article III to restrict the open spaces A to , inclusive, for the use, benefit and enjoyment i of lot owners, and therefor the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintai] the same at it's expense, for such purposes. Declarant further covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision, 9. Declarant covenants and agrees that at or before fifty per cent (50~) of the lots have been conveyed by it, that it will, at it's own Cost and expense, establish a not-for-profit corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and -5- within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and said open spaces A to , inclusive, together with any all private streets shown on said subdivision map and any and all areas shown on said subdivision map for future highway dedication. 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and re~3~lations thereof. 11. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, in cor~non with all other lot owners, to the use and enjoyment of the property of ~%e association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and improvame~t of it's property and to secure the same by a lien on it's property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all changes due the association; that all -6- such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protec6ion of it's property and members. (h) That the association shall use, operate, and maintain all of it's streets, bathing beaches and other property owned by it in a safe and proper manner and in accordance with the laws, rules and regulations, order and directions of the Town of Southold and other governmental agencies having jurisdiction thereof. (i) That the duration of the association shall be perpetual. 13. That all of the covenants, conditions and restrictions contained in this Article III shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, it's successors and assigns, their successors and assigns, and the Town of Southold, and it's successors and assigns. ARTICLE IV - STREETS 1. Declara/~t covenants and agrees to construct and main- tain at it's expense, during it's ownership thereof, all streets, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction -7- of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the subdivision map is to be conveyed or intended to be conveyed to the owner of any lot and the Declarant, and it's successors and assigns reserve the fee of all land lying in the bed of any and all such streets, and further reserves the right to convey to any municipal authority, or to the association, all of it's rights, title and interest in and to any part or all of such streets, should the Declarant, or it's successors and assigns at any ti~e dee~ it expedient.to do so. 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the Southold Town plan~ing Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within~ the subdivision a~d that it is imperative that the unpaved portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense make such repairs thereto as may be directed by said Board. NO lot Owner shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. 4. Declarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance with the requirements of the TOwn of Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5. The owner of said streets shall, so lung as the same shall remain in private ownership, maintain the same in a safe and proper condition. -8- PEBBLE BEACH REALTY, INC., by: sep~ J. D6n6~, ~?esident STATE OF NEW yOP~K, COUNTY OF SUFFOLK: ss On the ;A~day of May, 1975, before me personally came JOSEPH J. DONOVA~, to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malvern, New York 115657 that he is the President of Pebble Beach Realty, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation: that the seal affixed to said.instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. to the sale ot ~he tlzit lot not elect & ~,~orlt¥ to the ~o&rd O~ declaration ~ ~ mn~ by an lnl~ ~ ~ / / Lot; I1'/ NOTE~ AREA = 2,f:,,2~O ~C2. FT. · ~UBDIVI~ION - 'T4AP OF PEBBLIE BEAC, H FAP-.hd" PILED IN THE Of=FIC,r= Of= THE C..LEP-.K. Of= ~U~PFOLK. C.C'UN'F'Y ON JUNE II, 1~"'7D Ak FILE NO. N L=DI.42' Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 63 ~- 727-2303 Howard W. Young, Land Surveyor Thomas C. rgolpert, Professional Engineer Robert C. Tast, Architect Douglas E. Ada~, Professional Engineer = = : 2.~% = 4.2~ TOTAL =D,Dq4 5G~. ~=T. = 22.2% ~UF~V'E"KOFa.'~ GERTIF:IC, ATION HO~Af~ Y4. ¥OUNe,, N.¥.5. L.5. NO. 418q~ JLH AD GIA'I' D, LOT Itl "HAP OF P~BDLB BBA(.,H FAt~.HS" Ai; F:o~t. i,4~rlon, To~n oF 5outhold C~OUr'l~ moJ ~ District I0(~0 Secti~ 90 Block O~ Lot &l 0 ADD~ LOT A~ BUILDIN¢ P~HIT DATA F~ POOl F~ATION ~ATION ~ ¢ERTI~IGATIO~ ~ ~I~IN~ ~lT ~ATA HAP ~PA~ JAN..1, 200~ AL,~. 2, 200.1 NOV. 14, 2005 ..1~l¥ 2'1, 2005 IHA¥ ,25, 2005, AF~... &, 2~ Fl~!k ;25, 2005 ,~..,ALE: 1"=50' JOB ~O. 2001-091.1 121,q5. 2005_O042_bp_r5 BP' APPEALS BO,~RD 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 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 September 12, 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. 6223 (MESSINA) Dear Mark: We have received an application for construction of an accessory in ground swimming pool and spa, 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 recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. · ~! \~ ~:~ Very truly yours, Gerard P. Goehringer Chairman Encls. TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD N.Y. NOTICE OF DISAPPROVAL Date: September 2, 2008 To: Catherine Mesiano for T Messina 12 Mill Pond Ln. E Moriches, NY 11940 SEP 11 2008 · i August 29, 2008 ?lease take notice that >-our proposed applicamon da~ [ BOARD OF APPEALc~ For permit for construction of an accessory inground swim po 51 ~°--aPa ,~t -- Locat:,on of property 1690 The Strand, E. Marion NY Cotmty ~ax Map No. 1000- Section 30 Block 2 Lot 61 Is returned herewith and disapproved on the following grounds: The ~rol>osed inground swimming pool & spa on this nonconforming parcel in the R40 distri~:t, is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a biufz or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of the bluffor bank." The proposed accessory is noted as being 75' from the top of the blu~N) ~ FurtSermo 'e. the required lot coverage for this parcel is 20%. ,/ Upoj¢ co~apletion of the construction, the lot co,,erage will be 22.2%. ~2-13-~08 11:~ SOUTHOLD BUILDING D~T 163~?~5~0~ PAGE1 TOWN OF SOUTHOi.D NOTICE OF DISAPPROVAL DATE: September 11, 2007 *Amended: January 14, 200a Catherine M~silmo For JIM Associates 12 Mill Pond Ln. E Moriches, NY 11940 Please ~ notice liiat your aoplication dated Scpt~mbcr 6, 2007 For permit tbr construction of an acocssory inground swimming pool & spa at Location ofpropcrty 1690 The Strand, E. Marion County Tax Map No. I000 - ~;eetion 30 Block 2 Lot 61 Is return~ herewith and disapproved on the ibllowing grounds: The propo~d inground swim.mino pool & sos irt the R~.0 Zone is not nermitted oursuant To A_rticle XXII 9egtinn 280-116A(IL which stares: "All buildings or ~,'trugturea It~:ated on lots adiac~n! zo sounds and uuon whlgh there exis~ a blu~ffor batik landward of the shore or beach shal{ bo set back not fewer than 100' from the too of such bluff The orooosed ageessorv is noted as being 75' from the too of the bluff. Farthermgr~ file r~quirad lot coyerane for thitl nare~i il 20°./o. U0ol eomoletlon ol' file ,ggnmtruetion file lot eoverat,~ will I~ 22,2%. Authorized Signature *Amended to include lot covcragc oventge. FORM NO. 3 NOTICE OF DISAPPROVAL Date: September 11, 2007 TO: Catherine Mesiano for JLH Associates 12 Mill Pond Ln. East Moriches, NY 11940 Please take notice that your application dated September 6, 2007 For permit for construction of an accessory inground swimming pool & spa at Location of property 1690 The Strand. E. Marion County Tax Map No. 1000 - Section 30 Block 2 Lot 61 Is returned herewith and disapproved on the following grounds: The proposed inground swimming pool & spa in the R40 district is not permitted pursuant to Article XXII Section 280~116 A(1 ), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed accessory is noted as being 75' from the top of the bluff. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department.