Loading...
HomeMy WebLinkAbout6279 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 25, 2009 RECEIVED ~l ,-/3" JUL 2 2009 ZB File # 6279 Kenneth and Carol Marlborough, Applicants Property Location: 95 Strohson Road, Cutchogue CTM #1000-103-10-15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that thi~ 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 March 17, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 20,265.64 square foot parcel measuring 156.51 feet along Strohson Road on the southerly boundary, 115.51 feet along Little Neck Road on the westerly boundary, 150.00 feet along the northerly boundary and 154.87 feet along the easterly boundary. By Code the property has two front yards, one side yard, and one rear yard. The property is improved with a two-story single family frame house a~d a detached frame garage. The house fronts Strohson Road. The asphalt driveway egress/ingress is on Sirohson Road. BASIS OF APPLICA'ClON: Request for a variance under Section 260-15, based on the Building Inspector's October 7, 2008 Noti~:e of Disapproval concerning an application for a building permit to locate an accessory swimming pool structure partially in a front yard, rather than entirely in a rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance for the installation of a 16 foot by 36 foot in-ground swimming pool to be partially in a front/rear yard. Page 2 - June 25, 2009 ZB File # 6279 - K. and C. Marlborough CTM Parcel 103-10-15 ,' ADDITIONAL INFORMATION: There were letters written by neighbors addressed to the Zoning Board and neighbors were in attendance at the Public Hearing on May 28, 2009 to voice their concerns about viewing the proposed in ground swimming pool and equipment from the road. The attorney for the applicant presented, at the Public Hearing, a proposed landscape plan showing plantings throughout the property and plantings adjacent to the proposed in ground swimming pool, screening its view from the road. The Zoning Board received a supplemental affidavit on June 12, 2009 from the applicant addressing issues and concerns from neighbors. The affidavit also states that the applicant has had meetings with the neighbors addressing same concerns. The survey of the property dated April 21, 1999 with revision dated December 23, 2008 (added proposed pool), prepared by Nathan Taft Corwin Ill, Land Surveyor, and cannot be relied upon since it is inaccurate and requires updating to reflect pre,sent conditions. 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)(11. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed location of the in-ground swimming pool will be approximately 75 feet from Little Neck Road. Applicant will install plantings to screen the in-ground swimming pool from rOadside view. The pool equipment will be relocated to the area of the Northwest corner of the frame garage and be contained in a sound abatement container. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applic'ant to pursue, other than an area variance. The properly is a corner lot and subjected to two Front Yards. Thb second Front Yard along Little Neck Road reduces the width of the Back Yard by apprex~mately 99 feet ?esult~ng in the need for an area variance for this proposed in ground swimming pool. 3. Town Law .~267-1~(3)(b)(3). The variance requested herein is not substantial. The proposed in ground swimming pool is sited approximately 75 feet from Little Neck Road. Approximately 18 feet of the 36 foot wide pool will extend the architectural rear yard. 4. Town Law .~267-b(3)(b)f5). The difficulty has not been self created. It is the result of the lot having two Front Yards and the lOcation of the existing house. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have au adverse impact on the physical or environmenta 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 an in ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman, and duly carried, to Page 3 - June 25, 2009 ZB File # 6279 - K, and C. Marlborough CTM Parcel 103-10-15 GRANT the variance as applied for as shown on survey plan dated December 23 2008 prepared by Nathan Taft Corwin III, subject to the following conditions: 1. Applicant shall submit to the Zoning Board of Appeals, before building permit is issued, an updated property survey indicating existing conditions, the exact location of proposed in ground swimming pool, pool equipment and screening plantings around pool, 2. Evergreen screening shall be continuously maintained around the swimming pool to create year-round privacy, 3. Applicant shall ins~/all a drywell system(s) capable of receiving and dispersing underground all pool pump and filter backwash w~ters, 4. Exterior pool mechanical system(s) shall be contained in a sound-proof structure and located as far as possible from the northerly property line and as agreed by applicants/agent at the May 28, 2009 hearing. That the above condit~'ons 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: A~/es: Members Goehringer (~s.~ ~r._...(,Members Simon and Oliva were absent.) This Resolution was dul~ted (3-0). J / /.'~er~. Goehringer, Chairman · i/Ap'proved for Filing 6/z.~: /2009 S 150.00' 0 W J 1 STORY FRAME HOUSE FEB 6 2009 SURVEY OF PROPERTY SZTUA TED A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-10.5-10-15 SCALE 1"=20' APRIL 21, 1999 DECEMBER 23, 2008 ADDED PROPOSED POOL FINAL MAP REVIEWED BY ZBA I ISEE DECISION # DATED ¢ 12,~' I ~oo~ ,..I AREA = 20,265.64 sq. 0.465 ac. ff. CERTIFIED TO' ROBLYN SAVINGS BANK 8CTJC. Inc. KENNETH J. MARLBOROUOH CAROL A. MARLBOROUGH THE EXISTENCE OF RIGHTS O¥ WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N.Y.S. Uc, No 50467 Nathan Taft Corwln III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 EADTERN REDDUD 8LIO' COTONEABTER 2GAL NORWAY SPRUCE 10'-12' WILLIAM PENN iBARBERRY 2' GOLD PLAME SPIREA 2' CRIMSON PYGMY BARBERRY 2' WILLIAM PENN BARBEP.,RY 2' ADDORTED PERENNIAL5 I GAL KELTERII JUNIPER 7L8' EDGE LILAC GOLD MOP CYPRE55 CRIMSON PAVER PATIO POT5 OIL BOLDUC 'PAVER i~IDENCE EXIDTING CONCRETE APRON BALD CYPREDD 7'-8' ROSY GLOW BARBERRY ELECTRIC LINE 18"-24"DEEP ZELKOVA 8L I O' VARIEGATED YUCCA 2' DWARF HYDRANGEA 2' BALD CYPREB5 BOXWOOD 4'-5' 5CHIP LAUREL 3'-4' FORDYTHIA 4'-5' SHAMROCK INKBERRY 3L4' 5AN JOSE HOLLY 5'-G' COTONEABTER BARBERRY 2L3' VITD( Marlborough P-,es dence Landscape Design Plan Daniel 5~:elejerwald DeBigner I 5t; Draf(:: 08.30.07 5hee/; Scale: Da~;e: ~xevI5101'l: 1 ]]~8]-0~ Oct 22, 2007 '94ze Create Out~aar £iWng Y~oams" 470 South Oountry Road East Patchogue, New York 11772 631-475-0677 www.designscapesny.com FORM NO. 3 NOTICE OF DISAPPROVAL! DATE: oct{~ber 7, 2008 TO: Arthur Edwards for Kenneth Marlborough 929 Rt. 25A Miller Place, NY 11911764 Please take notice that your application dated September 26, 2008 For a permit for construction of an accessory inground pool at Location of property: 95 Strohson Rd., Cutchogue, NY County Tax Map No. 1000 - Section 103 Block 10 Lot 15 Is returned herewith and disapproved on the following grounds: The construction of an accessory inground swimming pool, is not permitted pursuant to Article Ill, 280-15 which states: "In the case AC District & Low Density Residential R80 .... Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ... The proposed accessory inground swimming pool, on this comer lot is located partially in a front yard. Authorized Signature TOWN OF SOUTHOLD I~UILD1NG DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20.__ Approved 20 __ Disapproved a/c I~!.'~!~ /~/ Expiration ,20 PERMIT NO. BUILDING PIIT APPLICATION CHECKLIST Do yoil~]~a~e or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: .d~:~.,~ ~ 7 Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Sigm{ture of~plicnnt or name, ifa 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 ~Bf~Tkf ]~flaL60~,OO~f[ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Lo~.~n_... of land on~'~RO~ft..50~which propose~work/Kg will be done: House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Lot /D''~ Lot 2. State existing use and occupancy of premises a~l intended use and occupancy of proposed a. Existing use and occupancy ~1/~/~(.~ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building_ Repair Removal Demolition 4. Estimated Cost t/4, 000 ~' 5. If dwelling, number of dwelling units If garage, number of cars construction: Addition Alteration Other Work-~-71a ~ ~ ~rna~w~ o~ (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front ~'7 ~ Rear Height_ Number of Stories J ~-r0eS/ _Depth Dimensions of same structure with alterations or additions: Front Depth. Height 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front J~-~' Rear ~0' Number of Stories Rear 3(0 .Depth Depth Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction ~olate any zoning law, ordinance or regulation? YES __ NO v// 13. Will lot be re-graded? YES__ NO __Will excess fill be removed from premises? YES / 14. Names of Owner of premises ~L~0~0~ H Address q~ ~;~l~g 1~6~ ~0 Phone No. Nme of Architect ~ Address q~ ~w ~ Phone No. Name of Con~actor ~ ~N~5 ~ Address ehoneNo 15 a. Is ~is prope~y within 100 feet of a tidal wetland or a ~eshwater wetl~d? *YES NO ~ * IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this prope~y wi~in 300 feet of a tidal wetland? * YES ~ NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF~{] ~C'~¢OLF.,. ) ~[~0!C ~ ~1) N~Q.5 being duly swom, deposes and says that (s)he is the applicant (Name ot'individual signing contract) above named, (S)He is the (-~~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to peffbrm or have performed the said work and to make and file this application; that all statements contained in this application are tme 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 ~9 before me this/ I~~1~ dayof ~Y]"~I-t ~.- 20Og r,,~ ~ ..... State of New ..... Notary Public / No. 01 KI6021111 Oualilied in Suffolk County My Commission Expires March 8, 20t_).._ Signature o f~'~plicant DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECE~V£D MAR 2 3 2009 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 17, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Marlborough #6279 Licalzi #6280 Faga #6281 Vew truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O, BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853~I044 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ ~00~ Filed By~~t~ Date Assigned/Assignment No, HouseNo. q~- Street ~-~]'~t'~ SCTM 1000 Section I~-~ BIock t {) Lot(s) Hamlet I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR OATED oI'7/ BASEDON.APDATED Applicant(s)/Owner(s): ~/,,~_~/V,~]' ~ MailingAddress: C~- Telephone:~ ta~ '~xE~ Fax#: Emaih NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, et~ and name of person who agent represents: Name of Representative: ~)/~vo ~-~ ~. C. ~o a~ for (~)~Owner~$or ( ) Other: Agent's Address:~P~~' ~C-'~-z';'f'IY~t.~D-~UE..r t9'°' ~0¥ J t{(~//~//~ ~'l'~Cl"'~"~/ro:r'. I I~r.~ Telephone b~{~)~C~ l ~6 ~ Fax #: ~ I -,}-~?C/- 9 q ~l '7 Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: [3 Applicant/Owner(s), or ~,~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED ~/'~(~/~:~ FOR: ~Buiiding Perm['t [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Constrm:tion DOther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance b~p. umbers. Do not quote the code.) Articl~ Section 280- l~' Subsection Type of Appeal. An Appeal is made for: ~{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 [3 has ,~l[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 office for assistance) Name of Owner: ZBA File # ~ ~'-'? 1 REASONS FOR APPEAL (additional sheets mai; be used with nre~arer's sienature): 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: (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: (3) The amount of relief requested is not substantial because: Yhgo. (4) The w~ane~ will ~OT have ~n adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ~o. Are there Covenants and Restrictions concerning this land: XNo. r~Yes(Mea~e£nrnlshcovvL This is the MINI3~M that is necessary and adeqnate, and at the ~ame tim~r~e~e and protect the character of ~e n~,ghborhood and the health, ~afety~d weff~re of the em~. / // Check th~ ~x ( ) 1F A USE V~CE IS BEING ~ ~qr~ P~EASE CO~PLeTf r~E A~ACHED USE V~CE SHEET: ~le~e be s~ ~e to n ~~ized Ar~m~)/~ S~gnature o ~ gent ~ ~ ~ ~ (Agent must su it wdnen ~th~i~tion from Owner) Swo~ ~fore me thb day of~ 20 ~% . D,~h~I:2L C. ROSS Not¢~ P~lic, State of New Yo~k No. 4~ 37175 O~lified in Suffolk Cotm~ Comm~sioi~ F~pim~ AuO~ 31~ ~ Name of Owner: Kenneth Marlborough and Carol Marlborough ZBA File # REASONS FOR APPEAL (additional sheet) (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: It is not possible to place an in-ground pool in the traditional back yard of the property. The applicant's property is a corner lot. By Code the property has 2 front yards bordering Strohson Road and Little Neck Road. There is very little open space in the back yard. An explanation follows: FRONT (facing South): There is a small front yard and a driveway on Strohson Road to the South. BACK (North): The driveway continues behind the house, where there are two (2) septic systems, a separate frame garage and the oil tank. There is very little room for an in- ground pool in the area that would be considered the back yard of the house. Approximately eighteen (18) feet of the thirty-six (36) foot pool will be in the "back" yard. There is an appropriate set-back along the North side of the property for placement of the pool. SIDE (West): Little Neck Road borders the majority of the house's open land. This would be considered the side yard but by Code it is a second front yard. Approximately eighteen (18) feet of the thirty-six (36) foot pool will extend into the "side/front" yard. SIDE (East): The driveway and evergreen shrubs border the property now or formerly of Heintges and McLeod. There is no open space in this area. (3) The amount of relief requested is not substantial because: The proposed pool is sited 77 feet from Little Neck Road. the 36 foot pool will extend into this "side/front" yard. Approximately 18 feet of 'Danie'~C. Ross Authorized Agent APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant ~/~ta D Cq~ ~ ~]/q~4c'tbOFOU4~ Date Prepared: I. For Demolition of E~sflng Building Areas Plebe describe ~e~ being removed: M O ~ ~ II. New Construction Areas (New Dwelling or New Additions/Extensions): MO ~J~__ . 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 ama being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IH. Proposed Construction Description (Alterations or Structural Changes) N/.9/J ~. (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: Proposed increase ofbuilding coverage: 570 1 4;t Square footage of your lot: 2-t~, ')._L,.5, L~t-4 L)~. Percentage of coverage of your lot by'building area': V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~No Are there any proposals to change or alter land contours? /'~No Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~) 2) Are these areas shown on the map submitted with ti'ds application? 1,~2. lq- 3) Is the. property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? l~r~/~ · Please cOnfirm status of your inquiry or application with the Trustees: ~, ~, and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? fi)O Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~]t~ (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? }~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? ~ If yes, please label the proximity of your lands I~ur map with this application. H. pr~as~ ~t~ presant use or/pera~'~ns conducted at this parcel CN~.cglOB~J'~tgI.. ~ ~and,~roposeduse ~9~0¢nl?~14~J LJl'~'14 pO~t'- ~ ~~aam¢ with garage or pool, or other description.) A~thorized~ ~nature and DaF 2/05; 1/07 14.1e-4 ~J~5)--Text 12 PROJECT I.D. NUMBER [] Ex,,ri,Ion .PART I--PROJECT INFORMATION (TO be completed by Applicant.or Project sponsor) 1. APPLICANT/~PON$OR I 2. PROJECT NAME 3. PROJEC~ LOCATION: toOO- ia 617.20 Appendix C .';d:~x~.~ 7~ Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORMJ For UNLISTED ACTIONS Only 7. AMOUNT OF UNO ~,ECTED: 5'~l.,, ~$ ,~+' Initially ICl'Il Ultimately I(=rll 8. WILL P~OPO'=ED ACTION COMPLY WTTH EXISTING ZONING OR OTNE~ EXI$'I1N(~ LAND U~E RES'rRICT]ON~'? [] Yes :~o If NO, describe briefly 9. WHAT I; PRESENT U. AND USE IN VICINITY OF PFIOJE~D'r? [:~l~sldlntlll [] IndulUlll [] Gomntet~al E] Agfl,~Ultum SEQR 10. DOES AC'T~ON INVOLVE A PERMrr APPROVAl., OR FUNDING, NOW OR ULTIMATELY FROM ANT OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAl.)? i'l Yes ~ ii' ~s. lilt agse~t(s) and pennlUal~w~l~ 11, DIDE~ ANT A~PEOT OF THE AG'i'ION HAVE A CORIIIENTLy VALID PEPJ41T OR AP~OVAL? [] Yel ~ If ye~ IIsi &glncy nlme lad pem~lt~pm~al 12. A~ A RESULT OF PROPOSED ACTION WILL EZIITIN; PERMIT/APPROVAL ~F. GUIP~ MODIFICATION? ~./,/~ , [] Y. [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE I$ TRUE TO THE tlF-~T OF MY ~S If the action is In the Coastal Area, and you are a state agency, ~omplete the Coastal Assessment Form befora proceeding with this assessment OVER PART II--ENVIRONMENT~.L ASSESSMENT (To be completed I~y Agency) A, OOE~ 'ACTION EXCEEi3./INY TYPE I THRESHOLD IN 6 NYCRR, P~RT 617.47 If yes. cootci~n&te the rewew process ant use the FUL. LEAF COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: {A.',wer$ may I~e hanclwntten, il ~egiclet C7. Othe impacts (including changes in use of either quantity or type of energy)· Explain b;illly. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CNARACTERISTtCS THAT CAUSED THE ESTABUSHMENT OE A CEA? IS THERE. OR tS THERE UKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~'~ If Ye~, explain briefly PART Ill--DETERMINATiON OF SIGNIFICANCE (To be completed by Agency) INSTRUCT1ON~: For each adverse effect identified alcove, determine whether tt.~ substantial, ia, ge, important or otherwise significant. Each affect shOUld he assessed in oonnectlon With its (a) setting (i.e. urban or rural); (b) pmhal3illty of occurrtng; (c) duration; (d) irrevemibility;, (a) geographic scope; and (f) magnitude. If necessary, adcl attachments or reference suppol/tng materials. Ensure that explanations contain sulficiant detail to sh~ that all relevant adverse impacts I~ave I~en Idanlltiecl anc~ aclequstely addressm3. If- question D of Part II was checked )'es. the determination and 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 potenfl~,lly large or significant adverse inC.,acts which MAY occur. Than proceed clirectly to the FULL FAF and/or prepare a positiv~ declaratiom [] Check this box if you have determined, baaed on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Dace 02/06/2000 16:'91 AGRICTA,TIYI~I,.L DATA STATEMFa'qT ZOKI~G BOARD OF APPEALS TOWN O1~ SO~JTHOLD [~002 500 ~et o/ n /~ o~n m ~d 23~n of~e G~ 3) ~ of ~d ~ (tfo~ ~ a~t): 4) Ad~a~ of~d 7) I, ~ ~el ~ ~ a~cu~ dis~eff Di~ Nm~~ 9) Nme ~d ~d~ ~ ay opiUm(s) loc~d 500 f*~ · e To~ Ass~Ors ~, locffio~s by ~e~ng ~ p~el ~b~s on 2, $, (Please use back dclc of page if more ~ six property Ov,'t~'S ar~ idimtificd.) The loC numb~s may ~ obtaiiled, in advance, whorl i~lUest~d ~om ~he Office of~h¢ plmmtng Boartt at 76~- 1958or l~t~_xnXing Board.of_&l~9~als at 7654809. 1. The local boa~l ~iI solicit commmts frown tho ovm~-~ on ~sr ~ ~0n, 3ollci~ ~11 ~ ~dz by ~. ~e ~ ~ ~e I~ ~d ~ ~31e for s~dlvg s~ch ~ ~ ~ ~1t~ is ~t ~lem ~ c~not ba a~ u~ ~ ~e b~. APPI OWNER, CONTRACT VE 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. (Last name, fi~st n~lTme, Fniddle mflal, unless you are applyin~i-in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception ---- -- r * Other I - Approval or Exemption from plat or official map Change of Zone *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationshi blood_~_manda,~e, or__business interest.__~ "Business!ess interest" means a business includm a apAC_nership, in whi~ch the~Town~officer or em lo ee has even a~I o,a~ employm~a cor/2.oration in which the Toxml officer or em 1o ee owns more than 5% o_flhe NO {f yott at~s~*~et'ed "IzEX~; complete the balance of this form and date altd sign ~l,here indicated. Name of person employed by the Town of Southold: Title or positiou of that person: Desclibe that relationship between yourself (tile applicant, agent or contract vendee) and tile Town officer or employee. Eithel check the appropriate line A through D (below) and/or describe the relationship in the space prov/ded. The Town officer or employee br his or her~ spouse, sibling, parent, or child is (check all that apply): . A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a co~pmation); __ _ C) an officer, director, partner, or employee of the applicant; or ~ D) the actual applicant. ' DESCILLPTION OF I%ELATIONSH~P Kenneth J. Marlborough and Carol A. Marlborough 95 Strohson Road, Cutchogue, New York 11935 December 4, 2008 Southold Town Board of Appeals Southold Town Hall Annex Building 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Attention: Leslie Kanes Weisman, Chairperson Re~ SCTM #1000-103-10-15 (0.465 acres - zoned R-40) Premises: 95 Strohson Road, Cutchogue, New York 11935 Owner: Kenneth J. Marlborough and Carol A. Marlborough Dear Ms. Weisman: Daniel C. Ross of Keegan & Keegan, Ross & Rosner, LLP represents Kenneth J. Marlborough and Carol A. Marlborough in connection with the application to the Southold Town Board of Appeals seeking to reverse the Southold Town Building Inspector's Notice of Disapproval, dated October 7, 2008, relative to the referenced property. Dan Ross is authorized to sign documents relative to this matter as our authorized agent. Kennett DCR:kr L/lit/alcl/Marlborough/ZBA-consentLtr TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD OF APPEALS In the Matter of the Application of Kenneth J, MaFIboFough for It Variance with Feprd to the BuLIding Department's Notice of Disapproval dated Oetob~r 7, 2008 Premises: 9fl Strohaon Rd., Cutchogue, NY 1193S SCTM #1000-103-10-15 (0.46S acres - zoned R-40) FEB 6 2009 APPLICATION TO SOUTHOLD TOWN ZONING BOARD OF APPEALS KEEGAN & KEEGAN, ROSS & ROSNER, L.L.P. AtMrneys for Applicant 315 WestpImlia Avenue P.O. Box 146 M_at~uck~ New York 11952-0146 (631) 298-1200 12/85/2888 11:55 531765986 ZONINGBDOFAPPEALS PAGE 82/82 O'f~ce Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avsnne) Southold NY 11971 MailiRg_Address: 53095 Main Road P.O. Box 1179 Southo]d. NY 11971-0959 http://southoldtown ,north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 5, 2008 Mr. Daniel C. Ross Keegan & Keegan, Ross & Rosner, LLP P, O, Box 146 315 Westphalia Avenue Mattituck, New York 1'1952 Re: FOIL request dated December 2, 2008 Dear Mr. Ross: In response to your FOIL request dated December 2, 2008, pertaining to CTM 1000-103- 'I0-15, 95 Strohson Road, Cutchogue, and Kenneth J. and Carol A. Marlborough, no ZBA record was found. Thank you. Sincerely yours, .~ Lincla Kowalski Keeg & Keegan, Ross & R sner, LLP ATTO~,NEYS AT LAW Thomas J. Keegan Jr. Daniel C. Ross Jamie G. Rosner Thomas J. Keegan (a923-2oo3) 3~5 Westphalia Avenue Post Office Box ~46 Mattituck, New York 11952 Phone ~ 631.298A2oo Fax }) 631.298.4427 Web ~ www. keeganlaw, us December 4, 2008 Southold Town Board of Appeals Southold Town Hall Annex Building 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 f. Attention: k~-k-'= r' -.-.. -' · In. Chairperson Re: SCTM #1000-~103-10-15 (0.465 acre/R-40) Premises: 95 Strohson Road, Cutchogue, NY 11935 Owner: Kenneth and Carol Marlborough Dear Enclosed please find an application for a variance with regard to the Building Department's Notice of Disapproval dated October 7, 2008. The applicants, Mr. and Mrs. Marlborough, are seeking to build an in ground pool in the side yard of their residential property which is a front yard for zoning purposes because the property is located on a comer. DCR:kr L/real/alcl/Marlborough/ZBA-CovcrLtr. Western Suffolk Office ~> Patchogue, New York FO~I)~. 0~ TOWN oF SOUTHOLD ~(~PERTY RECORD CARD ACREAGE TYPE OF BUILDING Ti[Leble 2 Tillable, 3 Woodland SWur.~|and Brushlc~;-~ House P-Jot Tot~=l sEAS. VL FARM IMP. TOTAL IND.' [. CB, MISC. J ~Est. Mkt. VaJue DATE FRONTAG~ON WATER _(? $?~ : / ~--~/~ 10~-10-15 02/02 M. Bldg. I -~ ~' ,'7 -; ~ ~ ~' _6":50 /~ ~r//./ Foundation c ~ p~ Bath ~ + Dinetm ls~ ~ .... ~* ~ C~WL ~t~ Floors ~ Kit. E~t~nsion /~/~ = Z Jo ~. ~o ~ Basement E~tension ~t. Walls ~o~ Interior Finish ~ L.R. ...... n Fire Place ~ Heat 0[~ D,R. Woodstove B.R. ~tio ~rch Dormer Fin_ ARic Deck Breezeway Rooms 1st Floor Rooms 2nd Floor arage. (~/(~O~ ~ X ~ ~ ~ ~ ' /' ~ ~2~ Driveway O.B._ ' ~tens~on Extenslen ~,reezew~ Garage F~fidation ~ Beth Bbsement ~)z~O , Floors · -. ~ Interior Finish . , ....~.:;....~¢~ Wails ,~._~,~ - .... :~..~ ~ .:-.. .... .~ ~Fire .ace ~t Porch Roof Type atio Rooms 2nd Floo~ . ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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 February 9, 2009 Zoning Appeal No. 6279 Transmitted herewith is Zoning Appeals No. 6279 of Keegan & Keegan, Ross & Rosner~ LLP for Kenneth & Carol Marlbourough- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Authorization Letter from Kenneth & Carol Marlbourough to Daniel C. Ross of Keegan & Keegan, Ross & Rosner, LLP to Represent them in this Matter, Cover Sheet from Keegan & Kecgan, Ross & Rosner, LLP In the Matter of Kenneth Marlbourough, Letter from the Board of Appeals In Response to a Foil Request No Record was found Dated December 5, 2008, Letter from Keegan & Kcegan, Ross & Rosner LLP Explaining Zoning Change Dated December 4, 2008, Copy of Application for Building Permit with Disapproval Dated 10/7/08, Notice of Disapproval from Building Department Dated October 7, 2008, 2 Pages of Photos of Property Showing Staked Area for Pool and Other Existing Construction, Copy of Survey Showing Existing & Proposed Construction, Survey Showing Existing Construction Dated April 21, 1999 Prepared by Nathan Taft Corwin lII, Land Survey, Survey Showing Proposed & Existing Construction Dated December 23, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/6/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED MARLBOROUGH, 1925 $400.00 6279 Kenneth & Carol FEB 6 2009 SG~ ;~oi~ Town Clerk $4(~?00 By__ Thank ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 02/06/09 * * * RECEIPT * * * Receipt~: 40818 Transaction(s): 1 1 Application Fees Reference Subtotal 6279 $400.00 Check#: 1925 Total Paid: $400.00 Name: Keegan, & Keegan LLP P O Box 146 Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6279 Kee an & Keegan Ross LLP ,, -, , osner, ~,,, ~,j~,,49'-~/'~/~)~ Thomas J. Keegan Jr. Daniel C. Ross Jamie G. Rosner ~b~l~,'~ Th°mas J' Keegan (~'923'2°°3) ATTORNEYS ~T LAW 315 Westphalia Avenue Phone >> 63L298.1200 Post Office Box 146 Fax >> 631.298.z~zl,2~7 Mattituck, New Yor~. 11952 Web ,, Zoning Board of Appeals Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971-0959 June 11, 2009 Re: SCTM # 1000-103-10-15 (0.465 acres - zoned R-40) Premises: 95 Strohson Road, Cutchogue, New York 11935 Owner: Kenneth J. Marlborough and Carol A. Marlborough Dear Mr. Goehringer: Enclosed you will find a Supplemental Affidavit In Support Of Application in response to the ZBA's request for changes and amendments to the Marlborough's application for a variance to build a pool behind their house. Thank you for your consideration. DCR:kr Western Suffolk Office ~ Patchogue, New York TOWN OF SOUTHOLD SOUTHOLD TOWN ZONING BOARD OF APPEALS X la the Mmt~ of the Application of ~ ~.~ Marlborough for a Variance with ~ to the Building D~mrtmem's Noti~ of Disapproval dated October ?, 2008 P~:'95 Strobson Rd., Cutchogue, NY 11935 SCTM ~10fl~103-10-15 (0.465 acres~'~''zoned R-40) SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF APPLICATION KEEGAN & KEEGAN, ROSS & ROSNER, L.L.P. Ao. omeys for Applicant 315 Westphalia Avenue" P.O. Box 146 Matfituck. New York 11952-0146 (631) 298-1200 SOUTHOLD TOWN ZONING BOARD OF APPEALS In the Matter of the Application of Kenneth J. Marlborough for a Variance with regard to the Building Department's Notice of Disapproval dated October 7, 2008 Premises: 95 Strohson Rd., Cutchogue, NY 11935 SCTM #1000-103-10-15 (0.465 acres - zoned R-40) SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF APPLICATION JUN 12 Kenneth J. Marlborough and Carol Marlborough, being duly sw0m d~pb~ and gay: We are the owners of the referenced premises and have submitted the referenced application to the Town of Southold Zoning Board of Appeals ("ZBA"). We make this affidavit in support of our application and in response to the ZBA's request for changes and amendments to our application. First, we apologize for our absence at the heating on May 28, 2009. While our work schedules made attending the hearing difficult, we also thought that our meetings with our neighbors had answered the critical questions and resolved their issues. Apparently, this was not the case. We were, and are, stunned by the neighborhood response to our application for an 18 foot variance to allow a pool in our backyard/sideyard. With regard to our application before the ZBA, we are advised that the ZBA has requested that we consider making five amendments to the proposed plan, and that we amend our application accordingly. Each of the requested amendments and our response is set forth below: Sprinkler System. It has always been and it continues to be our intention to have a sprinkler system. The Landscape Design Plan, dated October 22, 2007, was put together by a professional to enhance the property and provide screening for the pool from the street and while a sprinkler system is not shown on the landscape design we consider it essential. I met with Terry Martin of Briarcliff Landscape with regard to the design and the type of sprinklers that will be installed in connection with the project. Mr. Martin advised that there will be different types of sprinklers, including drip type sprinklers. The sprinkler system will be designed to keep the landscape alive and healthy. We have no objection to a condition in the ZBA's determination that a sprinkler system, designed by the sprinkler system company that is ultimately engaged to do the installation, be required to be installed in connection with the landscape plan. The Fence Around The Pool. The fence around the pool will be black to blend in with the landscaping, and it will be as high as is required by the applicable code sections. The type offence that is intended is referred to as an "estate fence". An estate type fence is shown on Exhibit A hereto which is taken from an advertisement. The fence along the northern side of the pool will not be an estaet type fence but will be a cyclone fence. The cyclone fence will only be visible from our property since an existing six-foot wooden stockade fence, previously erected by Mr. and Mrs. Welcome, will shield their view of the pool. Photographs of the Welcome's six foot wooden stockade fence were included with the original application. Additional Screening on Strohson Road. Because of the extensive landscaping that is planned for the area around the pool, we do not think additional screening on our southern border, which is Strohson Road, is necessary. However, we will provide two additional blue spruces, as shown on the amended plan, which is exhibit B hereto, because the ZBA has requested that we provide additional screening. The southwest comer will remain clear, except for the addition of San Jose Juniper and Maiden Grass, L/LitYaI¢I/Marl/Afd3-KM-CM so as to maintain our view of the water. Pool Equipment Location. We intended to put the pool pump equipment in a sound abatement container and we have no objection to that requirement being contained in a ZBA determination. We do object to a requirement that the pool pump equipment be placed in the area of the southwest comer of the garage. We prefer to put the pool equipment in the northwest comer of the garage between the pool patio and the fence. We believe the placement of the pool equipment in the northwest comer of the garage would cause absolutely no impact on our neighbors to the north. Also, it is our tmderstanding that the Southold Town Code does not prohibit pool equipment from being placed within the setback. However, we will abide by a requirement that the pool equipment be placed in the southwest comer of the garage if that is the Board's determination. Plantings On Neighbor's Property To The East. We will not plant anything on the IV!zC!::.:d property to the East. There is no need for additional plantings for screening purposes. Exhibit C hereto is a picture taken from our driveway on the south side of the garage. The view as shown in the photograph is to the east and slightly south. As is apparent, ample screening already exists on our eastern boundary line. is much more vegetation behind the trees and shrubs tha~car~o~ qot~try P~bli~-''*~-~ DA~-~ZL C, ROSS Notary Public, State of New York No. 4997175 O~alified in Su~olk Coun~ Comm~ssio~ Expire~ Aug, 31, i graph. Kenneth J. larlborou~ Carol Marlborough AFFIRMATION OF SERVICE Daniel C. Ross, an attorney duly authorized to practice law in the State of New York, makes this affirmation under penalties of perjury and says that he is over 18 years of age and is not a party to this action. That on June 11, 2009 he served the within SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF APPLICATION to the addresses below set forth representing the parties, as indicated: David McMillen Linda L. Moeller 418 D. St. SE Washington, DC 20003 Mary McLeod Robert A. Heintges 21 Claremont Ave., Apt. 71 New York, New York 10027 Lawrence M. Welcome Ann Welcome PO Box 365 Cutchogue, NY 11935 Charles A. Rodin Barbara E. Rodin 251 East 51st Street New York, New York 10022 Diane M. Trentacoste Charles Robert PO Box 747 Cutchogue, NY 11935 by depositing a true copy of same securely enclosed in a postpaid wrapper, in an official depository, under the exclusive care and custody of the U.S. Postal Service within the State of New York, directed to the aforesaid at the addresses set forth opposite their respective names, that being the addresses within the State designated by them for that purpose upon the preceding papers in this action, or the place where they the}a'l~l~t their respective offices, between which places there then was, and now is, a regular~~ ~-~'[/~ Daniel C. Ross ~'~ L/Lit/alcl/Marl/Afm S crv -DC R EXHIBIT A Modified Style #202 - FenceDirect.com Page 1 of 1 FENCE DIRECT 10% DISCOUNT ON ALL JERITH FENCE STYLESll Modified St~'l~. #202 ,~ to ihstall laying out~ just fences http://www.fencedirect.com/catalog/fence_detail.c fm?pid= 114 6/1/2009 IIY~ DISCOUNT ON ALL JERITH FENCE STYLESll urchases over $2,F)00, not Including tax and freight, will be discounted by 10%. PLUS visit Jeri~ webMte ~r · REBATE offed ~£ Shopping C~r~ Your cart is empty ~ y~ur Fence not built ~e that features a ~il on top rather than codes codes codes race, select the fence i111111111'11111 I I II1I'1 I'II I I .I t I EXHIBIT B Marlborough Landscape Design Plan Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 2009 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~ MAY 28, 2009: 10:30 A.M. KENNETH MARLBOROUGH # 6279. Request for a Variance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an application for a building permit to locate an accessory swimming pool structure in a front yard in part, rather than entirely in a rear yard, at 95 Strohson Road at Little Neck Road, Cutchogue; CTM 1000-103-10-15. 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: May 5, 2009. 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 5, 2009 Re: Town Code ChaPter 55 - Public Notices for Thursday, May 28, 2009 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 May 14th 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 al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that addreSs as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providin.q the returned letter to us as soon as possible; AND not later than May '15th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you scheduled hearing. hearing and provide proof of all Notices. later by the Post Office, please mail or deliver them to us before the If any signature card is not returned, please advise the Board during the the card (when available). These will be kept in the permanent record as 2) Not Later May 19th: 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 or mail your Affidavit of Posting for receipt by our office before May 26, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. May 21, 2009 70 Strohson Road Cutchogue, NY 11935 Zoning Board of Appeals Gerard P. (Joehringer, Chairman 54375 Main Road Southold, NY 11971-0959 Att: Linda Kowalski Re: Board Action Number: 6279 - Kenneth Marlborough D¢~ Ms. Kow~ski: I am writing in response to the Southold Board of Appeals Legal Notice dated May 5, 2009 regarding Board Action # 6279. Because I will be unable to attend the Public Hearing on Thursday, May 28, I would like to make a few remarks herein regarding the above cited variance for a swimming pool on the property of Kenneth Marlborough, at 95 Strohson Road, Cutchogue, NY. My husband Charles and I do not want to stand in the way of the Marlborough family having a pool, but request that the pool be screened from the road by landscaping. The proposed pool is sited on a 1999 survey of the property for 95 Strohson Road and many substantial changes have occurred since that d~!e, All of the Bamboo has been removed and all of the Hedge Row. There is only grass from the house to Little Neck Road and Strohson Road. The pool would be visible from both roads as this is a comer property. Ken Marlborough has a landscape plan for the property. Hopefully this plan includes a hedge row about 5'- 6' high or similar plantings along Little Neck Road and Slxohson Road. Perhaps the Board could include this landscaping as part and pamel of the application for the pool. In this scenario, I think all the neighbors would approve. Very truly yours Kowalski, Linda From: Sent: To: Subject: Mary Mcleod [mcml0@qolumbia.edu] Wednesday, May 20, 2009 2:40 PM Kowalski, Linda [NEWSENDER] - May 28 hearing-Marlborough's property - Message is from an unknown sender 21 Claremont Avenue Apt. 71 New York, NY 10027 May 20, 2009 Board of Appeals Town of Southold Town Annex/First Floor Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Dear Board Members: I am writing with respect to the Marlborough's request for a variance under section 280-15 to build a swimming pool structure in part in a front yard. I have already talked and written to the Marlborough's lawyer Daniel Ross at Keegan & Keegan, Ross & Rosner about my concerns. I just want to note that the plan of the property for 95 Strohson Road that they submitted is inaccurate. It appears to be an old plan of the property before the Marlborough's moved in. Subsequently they have expanded the house considerably, including adding another story. In addition, they have removed the bamboo area on Little Neck row and the hedge row on Strohson Road. This means that the pool would be very exposed on both Little Neck Road and Strohson Road. In addition, there is currently no evergreen hedge or hedge row separating our two properties although there is rather thick brush, most of which is deciduous. I thought it would be helpful for the board to have an accurate plan of the present site conditions before reaching a decision about the variance. As I have indicated to the Marlborough's lawyer, I would be much less concerned if the pool were hidden by a hedge or similar dense landscaping approximately 6 feet high along the property boundary of Little Neck and Strohson Road. I feel this planting should occur before the pool is in use. Although I do not know if I have any legal authority to request it, I would also be grateful if there was a hedge along our shared property line (between 95 and 275 Strohson Road) at least between the garage and the back of their house to minimize views and provide some acoustical protection. The Marlborough's are wonderful neighbors and I sincerely hope a solution can be found that is amenable to them and those living near by.. Thank you for your consideration. Sincerely, Mary McLeod Property owner of 275 Stohson Road Town Annex/First Hoor, No~h Fork Bank 54375 Main Road (at Youngs Avenue) $onthold, NY 11971 http://so utholdtown.norfl~fork.ne~ BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631} 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SEN~.i,r$ TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) R~i ~-;,~ENCE:~ .~ [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTE~CC~N~S: Please find attached copy/copies of the follo~. Thank yott Sender's Initials: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK gq the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as looo- lo'3 - lO - COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ x°a~~'qew fork, beingXfuly sworn, depose and say that: .. On ther { (J day o{. FY~ ~c~ , .~0 ~, I personally placed th ' · e Tovms official t'oster, with the date of heating and na~re of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or tight-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that [ hereby confirm that the Poster has remained in place for seven dC tl-~t date of the subject hearing date, which heating date was/~'~ to be ~ ~ _~ . ~J (Signature Swo~_to before me this No. ~37175 Qualified in Suffolk CO~ ~v *near the entrance or driveway entrance of my property, as the area most visible to passersby, Kenneth Marlborough #6279 Notices were mailed to: Lot #103-10-13 Mary McLeod Robert A. Heintges 21 Claremont Avenue, Apt.71 New York, NY 10027 -"-" Po~,g~ $0.61 ru c~ea.o~ F,~ $2.80 Return Receipt Fee O952 05/12/2009 Local Address: 275 Strohson Road, Cutchogue, Lot #103-10-14 Lawrence M. Welcome Ann Welcome PO Box 365 Cutchogue, NY 11935 USE '=" Po~,~, 00.61 ri3 ru Ceffi§ed Fee $2.~) Local Address: 3545 Little Neck Road, Cutch( m Lot fl103-10-16 Charles A. Rodin Barbara E. Rodin 251 East 51st Street New York, NY 10022 Local Address: 70 Strohson Road, Cutchogue, o 103-10-17 Diane M. Trentacoste Charles Robert PO Box 747 Cutchogue, NY 11935 Local Address: 180 Strohson Road, Cutchogue 103-9-13.3 P- David McMillen Linda L. Moeller 418 D St. SE Washington, DC 10003 Local Address: 3600 Little Neck Road, Cutchogu $ $0.61 0952 02.8~ 06 Po~marg $2,~0 Hem $ $5.71 05/1~J2009 AOL Mail - Print Messagb From: Mary M¢leod <mcml0~columbia. edu> To: ross 1042~aol.com Subject: Re: pool Marlborough's Date: Wed, 20 May 2009 12:26 pm Page I ofl >>> Dear iVlr. Ross, >>> >>> Nany thanks for notifying me of the hearing. 1 do hope that I shall >>> be able to attend. >>> >>> I just wish to express my concern about the proposed addition of a >>> pool to the property of 275 Strohsen Road. While I understand >>> completely the Harlborough's desire for a pool and would potentially >>> support a variance, I am concerned that the pool in its present >>> location will be very visible from both Strohsoo Road and Little >>> Neck Road. >>> >>> The present plan of their property with the pool addition is >>> inaccurate. There is no longer a bamboo area along Little Neck road >>> as indicated on the plan, nor is there a hedge row along Stohson >>> Road. I would also add that the house is not any longer a one story >>> house as indicated in the caption. In addition, unlike the >>> indications in the plan, there is no row of evergreens and hedge >>> between 95 Strohson and 275 Strohson, and although there is >>> considerable growth, much of which is deciduous. I would request >>> that an up-to-date plan be provided to the Board of Appeals before >>> the meeting on Nay 28, 2009. >>> >>> I would have no objection if the p~ol, fence, and equipment >>> structure were hidden by landscape (a hedge approximately 6 feet >>> high or dense planting of a similar height). I would ask that this >>> occur either before or simultaneously with the pool's construction >>> (in other words before the pool is in use). This would both >>> minimize the appearance of the pool and any noise from activity · · · resulting from its use. Another option that would be acceptable to >>> me-qn fact, one that I would personally find preferable, would be >>> to have a 6' hedge at the edge of the property along the full length >>> of Little Neck Road and Strohson Road so that the pool is not >>> visible from the roads. Given the property's corner location, the >>> pool, deck and fencing is quite visible from both streets.. In >>> addition, I would like to request that high evergreen planting or a >>> priva~ fence occur along the property line between my property at >>> 275 Strohson and the Narlborough's property, or at least from the >>> garage to the back of their house, to minimize any visual views and >>> noise resulting from the pool.. >>> >>> In writing this, I want to stress how much I appreciate the >>> IViarlborough's as neighbors and genuinely hope that a solution can be > · · found that is satisfying to both them and myself. >>> Sincerely, >>> >>> >>> Nary [qcLeod >>> 212-6624499 home/93.7-658-7070 cell >>> >> hrmr//wehmail .anl.cnm/42051/aol/en-us/l,ite/PrintMessaee.asox?user=YdhU9eZ5LK&fol... 5/21/2009 · Complete items 1,2, and 3, Also complete Eem 4 If ResMcted I~lh/ery Is desired. · Pflnt your name and address on the reverse so that we can return the card to you. · A-ffach this card to the back of the mailplec~ [] Agent r'l Addressee D. Isd~ivewa~k~d;~;=,.,~3mlteml? r-lyes If yES, efiter dellve~ address below: ~ , · ~ltems 1,2, and 3. Nso complete i~n 4 if ~ Delivery Is desired. , · Pdntyeurnm~eandaddmssonthereverse ~o thst we can return the card to you. · ~ thl8 cBAd to the back of the mailplece, r er on the front If space permits. ~1. ~¢~e Nldmssed to: [] N:ldressee B. Received by (~ D. isd~veryaddmssdiffmentflomlteml? r-lyes If YES, enter deltvery address bek)w; ~--No · O~mqYa~ Items 1, 2, and 3. Also complete IMm 4 If ReeMcted Delivery Is desired. · IMnt your name and address on the reverse aO that we can return the card to you. 1. D. Isdeilvm'ym~dn~sdlflerentfromiteml~ i-]¥e~ If YES. enter del~ addres~ bebw: 3. I;;~_.e~ifled Mail [] Expm~ Mall [] R~gistemd I[~-Retum Receipt for~tenYnl~ [] Insured Mall r'l C.O.D. 4. Restr fct~ Deliver? (Extra Fee) r-lyee PS Form 3811, February 2004 Domestic Return Receipt 1~-M-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In ~ho Matter of/he Application of (Nam~_of Applicants) CTM Parc~! #1000- / 0 ~ - / O - /~ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) /~a.~'--fc~ c~ , New York, being duly sworn, depose aud say that: Outh¢ /~L~ ,dayof ~/~ , , X personally mailed ai thc Unite~i States Post Offic~ in ~ ~/-9~ ~/~ , New York, by CERTIFIED MAIL, RETURN RECEtPT REQUESTED, a true copy of the attached Legal Notice in prepaid euvelol~s addre~d to current owners shown on the mu'rent assessment r011 verified from the official records on file with the ( 0~ssessors, or ( ) County Real Property omceT ce! ,., for every prol~rty which abuts and is across a public or priv~ street, or vehicular right.~f-way surrounding the applicant's proper~y. (Signature) Sworn to before me this (Notary Public) DANIC. L C. ROSS Notarv Public, $~ste of New York No. 4g07175 Qualified in ?.uffolk Cotln~,~.t.i, Commissio~ Expires Aug, 31 ~ PLEASE list, ca the back of this Affidavit o~ on a sheet of paper the lot numbers next to owner names and addresses for which notices were mailed, Thank you. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MARLBOROUGH, K. & C. #6279 MAP # 103-10-15 VARIANCE YARD LOCATION REQUEST ACCESSORY INGROUND POOL DATE: THURS, MAY 28, 2009, 10:30 AM If you ar.e 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 #9297 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 14th day of May, 2009. Principal C1erk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28,.2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu- ant 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, EO. Box 1179, Southold, New York 11971- 0959, on ~FHURSDAY. MAY 28. 2009~ 9:40 A.M. DEBORAH SUTHER. LAND and CHARLENE MOTF # 6273. Request for a Variance under Zoning Code Section 280 I3(m), based on the Building inspector's January 14, 2P09 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart- ment (without a permit). The Certificate of Occupancy for the existing single- family d,veiling was issued May 31,200Z and Section 280-13(m) states that the building must have a valid Certificate of Occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. Location of Property: 42205 Coun- ty Road 48 (a&/a North Road, Middle Road), Southold; CTM 1000 59-3 25.1. 9:50 A.M. LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road. Southold: CTM 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280 122, based on tl~e Building Inspector's revised February ~3, 20~ Notice of Disapproval concern mg proposed additions and alterations to the existing accessory structure and concerning the accessory building (as- built pool-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this water- front parcel; b) create an increase in the degree of ~ the setback to the side property line at ~ less than the code required minimum of 15 1get on this 58,519 square foot lot; ~ c) the height is proposed at 25 feel where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-built construction is in a side -yard, where the code permits a location in a rear yard or front yard on this water- 1font parcel. 10.'05 A.M. STANLEY and CHRIS- lINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-13%4-33.I. Requests for Variances under Section 280-17A(1) and Section 27g0-15(b)(c)(d), based on an application for a building permit and the Building Inspector's November 5~ 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-Iamily dwellings will be created on this 16.059 square foot int, (2) the proposed total square foot- age will be 1739 square feet instead of the code limitation of 660 squat9 feet for lots up to 20.000 square feet in area, (3) the dormers will exceed 40% of the roof width limitation, (4) the height wi0 be 24.6 feet instead of the code maximum limitation of 22 feet, (5) the setback wig be six (6) feet in- stead of the code required minimum of 20 feet. 10:20 A.M. WILLIAM and MAR- GARET HOWELL # 6275. Request for a Variance under Section 280-I16A(1), based on the Building Inspector's Oc- tober 15, 2008 Notice of Disapproval concerning an application for a buildiytg permit to co0struet additions and altera- tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue; CTM 1000-73-2-3.1. day of - 2009. t4OTA~¥ p~ ~1 C-S~A'¢;:, O~ NEW YORK ~ r~l ,VO51{t5050 1~',30 A3~ KENNETH MARL- 765-1809, or by email: Linda. Kowalski@ BOROUGH # 6~/9. Request for a Vari- Town.Southold.ny. us. ance under Sectiop 280-15, based on the Dated: May 7, 2009. Building Inspector's October 7, 2008 ZONINGBOARDOFAPPEALS Notice of Disapproval concerning an ap~ GERARD p. GOEHRINGER, plication for a building permit to locate CHAIRMAN an accessory swimming pool structure BY LINDA KOWALSKI in a front yard in part, rather than eh- 54375 Main Road (Office Location} Iirely in a rear yard. at 95 Strohson Road 53095 Ma!n Road {Mailing&/SPS) on total (both) side yard setbacks, and at less than 75 feet f~'om the bulkhead, at 150 West Shore Dri,~e, Southold: CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICHAEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-124. based on the Building Inspector's December 15.2008.amended Notice of Disapproval concernmg a proposed addition to the single-family dwelling, The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road, Cutchogue; CTM 1000-I18-6-7 (adjacent to Peconic Bay). 11:25 A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Prop- erty: 250 Bayview Drive. East Marion (adjacent to Spring Pond): CTM 37-4-2. Requests for Variances under Sections 280q 16 and 280-124~ based on the Build lng Inspector's January 15~ 2009 Notice of Disapproval concerning an applica lion for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disap- proving the application are: (I) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (b~th sides)} (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of lot coverage mi this imildable lot area of 8,676.41 square feet ~vill exceed the code limitation of 20%. 1:10 P.M. SUSAN ISAVARIS #6289. Request for a Variance under Section 280-116A(1), based on the Building In- spector's March 4.2009 Notice of Disap- proval concerning~ a p?op~osed addition and alterations to the existing dwelling wi[h a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Ma~on; CTM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE ~6267. (Pending attendance by owner/ applicant). Reques[ for a Special Ex- ception in accordance with Code Sec- tion 280-13B(!4) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodgin, g (two guest bedroofils) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Petty's Drive, Orient, a/kin as Lot 6 on the filed Map of Petty's Bight; CTM Parcel #1000-14-2-24. 280-124, based on the Building inspec- toffs January 14. 2009 revised Notice of screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CTM 1000-18-5-8. The Board of Appeals will hear all p6rsons, or their reprbsentatives, desir- ing to be heard at each hearing~ and/or lng. Each hearing .will not start earlier than designated above. Files are avail- able for review during ~'egular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (62d) Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 2.8,~2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu- ant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Sou thold, the fogowin~ public hearing will be held by the SOUTHOLD TOWN on total (both) side yard setbacks, and ZONING BOARD OF APPEALS at at less than 75 feet from the bulkhead, the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971- 0959. on THURSDAY. MAY 28. 9:40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOlT # 6273. Request for a Variance under Zoning Code Section 280 13(m), based on the Building Inspecto:'s January 14, 2(109 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart merit (without a permit).The Certificate of Occupancy for the existing single- family dwelling was issued May 31,2007. and Section 280-13(m) states that the building must have a valid Certificate of Occupancy issued prior to January 1984, or proof of occupancy prior to that date. Location of Property: 42205 Coun ty Road 48 (a/k/a North Road, Middle Road), Southold; CTM 1000-59-3-25.1. 9:50 A.M. LUKE LICALZI g6280. Location of Property: 2105 Calves Neck Road, Southold: CTM 1000-70-4-46.1 Requests for Variances under Sections 280-15-F and 280-122, based on thee Building Inspector's revised February ~3,200,,9 Notice of Disapproval concern- mg proposed additions and alterations to the existing accessory structure and concerning the accessory building (aa- built pool-house) which are not permit- ted, for the fo0owing reasons: 1) Accessory Garage building with day of .J' 2009. NOTARY PI,~I-IC'~'''AV~ ~D~ N~W YORK proposed additions/alterations: (3) the rear yard setback wig be less a) create an increase in the degree of than 35 feet from the property line; the side yard location nonconformance, (4) the setback to the bulkhead wilt where the code permits a location in a rear yard or front yard on this water- front parcel; b) create an increase in the degree of ~ the setback to the side property line at ~ less than the code required minimum of 15 feet on this 58,519 square foot Iot; [ c) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2~ Accessory Poolhouse building: the as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel. 10.'05 A.M. STANLEy and CHRIS- TINE MALON g 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-137-4-33.I. Requests for Variances under Section 280-17A(1) and Section 27g0-15(b)(e)(d), based on an application for a building permit and the Building Inspector's November 5, 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- age will be 1739 square feet instead of the code limitation of 660 square feet for lots up to 20.000 square feet in area. (3) the dormers will exceed 40% of the roof width ]imitation, (4) the height will be 24.6 feet instead of the code maximum limitation of 22 feet, (5) the setback will be six (6) feet in- stead of the code required minimum of 20 feet. 10:.20 A.M. WILLIAM and MAR- GARET HOWELL g 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's Oc- tober 15. 2008 Notice of Disapproval concerning an application for a building permit to COhStruct additions and altera- tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue; CTM 1000-73-2-3.1. 10',30 ~ KENNETH MARL- BOROUGH # 6279. Request for a Vari ance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an ap- plication for a building permit to locate an accessory swimming pool structure in a front yard in part, rather than en- tirely in a rear yard, at 95 Strohson Road at Little Neck Road, Cutchogue; CTM 1000-103-I0-15. 11:00 A.M. VINCENT AND LAU- RA MANETTI g6278. Requests for ~ariances under Sections 280 II6-B and 280-12Z based on the Building Inspec- tor's November 19. 2008 Nolice of Dis- approval concerning proposed additions and alterations to the existing single- family dwelling. The reasons stated flisapproving the building permit appli- :aliGn are that the new construction will :onstitute an increase in the degree of nonconformance on a single side yard, at 150 West Shore Driue, Southold; CTM 1000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICI{AEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-124. based on the Building Inspector's December 15~ 2008 amended Notice of Disapproval concermng a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to con neet the preexisting two-stocy garage to the dwelling, resulting in: (1) a side yard setback at less than the code-requ'~red 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road, Cutchogue; CTM 1000-I18-6-7 (adjacent to Peconic Bay). 11:25 A+M. JOHN and KATHLEEN BERKERY g 6277. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond): CTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based on the Build- ing Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disap- proving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks wig be less than 25 feet (b~th sides)} be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.4I square feet ~vill exceed the code limitation of 20%. 1:10 P.M. SUSAN TSAVARI$ #6289. Request for a Variance under Section 280-116A(1), based on the Building In- spector's March 4, 2009 Notice of Disap- proval concerning a proposed addition and alterations t~ th~ e~isting dwelling with a setback at less than 1~0 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Mahon; CTM 1000-30-2-53. /fit5 P.M. MADELINE DROEGE //6267. (Pending attendance by owner/ applicant). Request. for a Special Ex- ception in accordance with Code Sec- tion 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodgi.ng (two guest bedroo~hs) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Petty's Drive, Orient, a/k/a aa Lot 6 on the filed Map of Perry's Bight; ~ Parcel #1000-i4-2-24. 1:40 P.M. LEANN NEALZ g6274. Requests for Variances under Section 280-124, based on the Building Inspec- tor's January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at [ess than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; The Board of Appeals will hear all p6rsons, or their reprbsentativeS, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- lng. Each hearing will not start earlier than designated above.. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do nbt hesitate to contact our office at (63/) 765-1809, or by email: Linda. Kowalski@ Town.Southold.ny. us. Dated: May 7, 2009. 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 2009 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:l/southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ~ Addre~: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: REFERENCE:: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S 'TELEPHONE NUMBER: 765-1809 (.press 1 at voice recording) [] URGENT F~OR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] ............ NOTES/COMMBNTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 $outhold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 13, 2009' Mr. Thomas Isles,'Director Suffolk County Department of Planmng P.O. Box 6100 Hauppauge, NY i 1788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: Owner/Applicant: MARLBOROUGH Setbacks; Bulkhead; Lot Coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ZBA File #6279 Action Requested: Within 500 feet of: is needed, please do not hesitate to call us, Thank you. Very truly yours, If any other information Encls. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197 l http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: BENDER'B TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: .]un 30 09 rodin Bar/~ara Rodin 70 ..~rok$~n Road C~tekog~e, NYl1955 212 75~ 1529 . JOt{ 3 0 2009 p.1 FAX COIXER TO: TOWn of ~outhold Zoning Board of Appeals Att: Linda Kowalsld From: Barbara Rodin, 70 Strohson Road, Cutchogue, NY Re: Board Action # 6279 - Kenn~h Marlborough Fox: 631-765.9064 TeL' 631-765-1809 Fax/Fe/: 212-754-1529 Dear Ms. Kowalski: We are writing at this time to give our approval to the Application of Kenneth J. Marlborough for a Variance to build a swimming pool on his property at 95, Strohson Road, Cutchogue. Thc addition of plantings on the Strohson Road side of the property is acceptable. We hope this will help the Board give their approval for the pool construction as soon possible. as Thank you. Very truly yours, Charles & Barbara Rodin Office Location: Town ~ex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 30,2009 Daniel C. Ross Esq. Keegan, Keegan, Ross & Rosner LLP 315 Westphalia Avenue P. O. Box 146 Mattituck, NY 11952 Re: ZBA #6279 - Kenneth and Carol Marlborough, Variance application Dear Mr. Ross: Transmitte~l for your records is a copy of the Board's June 25, 2009 Findings, Deliberations and!:Determination, the original of which was filed today with the Town Clerk regarding the aboge application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other dgcumentation (if not already filed) directly with the Building Inspector's Office. You may~vant to furnish an extra copy of the enclosed when furnishing additional information to the;Building Department. If you have,,any questions, please feel free to call at any time. Encl. ~ Copies of Decisioti to: Building Department Town Clerk (Ori~linal for filing) Very truly yours, .~J.ind a Kowalski rr S 88'27'00" E ~/o/~ ANN ~ELCO~E · CONC* STORY FRAME HOUSE L ~J ,J L' 0 > S 88'27'00" E ~5O.OQ' k L SURVEY OF PROPERTY SITUA TED A T CUTCHOGUE TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-105-10-15 SCALE AREA = 20,265.64 sq. ff. 0.'~65 ac. CERTI?,'ED TQ; ~ ROSL'fN SAVINGS BANK SCTIC, Inc, KENNETH J, MARLBOROUGH CAROL A, MARLBOROUGH Joseph A. Ingegno Land Surveyor PHONE (516)727-2090 Fax (516)722-5093 S 88'27'00" E 150.00' 9.1' STORY FRAME HOUSE ............. ~ i ~'ORr~.E ~UCHAssOCIATIoN,USE BY THE N~ yORK FEB 6 2009 SURVEY OF PROPERTY SITUA TED A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-105-10-15 SCALE 1"=20' APRIL 21, 1999 AREA 20,265.64 sq. ff. 0.465 ac. CERTIFIED TO: ROSLYN SAVINGS BANK SCTIC, Inc. KENNETH J. MARLBOROUGH CAROL A. MARLBOROUGH THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor Fox (631)727-1727 MAILING ADDRESS P.O. Box 1931 Riverheed, New York 11901-0965 99-28