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HomeMy WebLinkAbout6280 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION Meeting Held July 21, 2009 ZB File # 6280 - Luke Licalzi, Applicant Property Location: 2105 Calves Neck Road, Southold Public Hearing Date: May 28, 2009 CTM # 1000-70-04-46.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated 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 applicant's 58,518 square foot parcel is located along the east side of Calves Neck Road in Southold and water fronts along eastern property lines on Jockey Creek. The lot is improved with a 1-1/2 story frame house, detached accessory garage, accessory pool structure, accessory in- ground swimming PO0!, and accessory flame beach structure, all as shown on the September 7, 2000 survey of premises prepared by Nathan Taft Corwin III, L.S., revised February 12, 2009. BASIS OF APPLICATION: Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house) which are not permitted, 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 waterfront pamel; 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 lot; Page 2 - July 21, 2009 ZB File # 6280 - Luke Licalzi, Applicant CTM # 1000-70-04-46,1 at 2105 Calves Neck Road, Southold c) create a new nonconformance with respect to the proposed height at 25 feet, where 22 feet maximum is the code limitation; 2) Accessory Pool 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 waterfront parcel. LWRP: TOWN CODE CHAPTER 268: The May 12, 2009 reply letter from Mark Terry and Scott Hilary, LWRP Coordinatom, addressing the vadance for side yard location nonconformance and setback to the side property line for garage and side yard variance for pool house, recommends the proposed actions are EXEMPT pumuant to Subsection 268-3. 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 the following variances: A. To allow the construction of a second-story addition with a proposed height of 25 feet to an accessory non-conforming pre-existing two-car garage with a one-foot side yard setback and location in a side yard, and B. To allow a preexisting, as-built accessory pool structure to be located in a side yard, instead of the code-required rear yard. ADDITIONAL INFORMATION Building Department records show a pre-existing certificate of occupancy was issued for the property in 1996 which includes a C.O. for a 'BBQ with Shed', and which has been replaced by the "as built" accessory pool structure. There is a prior Appeal ZBA File~ 5468 which requested a variance for an as-built swimming pool and a variance for an as-built accessory pool structure. Relief was granted only for the as-built swimming pool; under the same application at the request of the applicant, that part of the decision pertaining to the variance for the accessory pool structure was omitted. Under ZBA File # 5468, the applicant confirmed he wished to pumue the 'accessory poolhouse' application status separately in order to prevent any delay in obtaining a Certificate of Occupancy for the swimming pool, and the record also indicated additional information related to the pool structure was necessary under ZBA File # 5488. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1, Town Law .~267-b(3)(b)(3)(1). A. Grant of the variances for a proposed second-story addition to the existing garage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properUes. The pre-existing, Page 3-July 21, 2009 ZB File # 6280 - Luke UcalzJ, Applicant CTM # 1000-70-04-46.1 at 2105 Calves Neck Road, Southold accessory nonconforming one-story two-car garage sits only one (1) foot from the side property line. A second- story addition will increase the nonconformance by 100% and be significant to the extent beyond the minimum necessary and beyond what lhe board will allow, and will create impacts by virtue of its.proposed height and proximity to the neighbom. B, Grant of the vadance for the as-built nonconforming accessory pool structure to exist in a side yard will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The front of the property is heavily screened with evergreen trees resthcting the visibility of this structure from surrounding properties. 2. Town Law,~267-b(3)(b)(2), A. The benefit sought by the applicant of a second story addition to the garage to be used as an Office/Studio can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has other locations available on his property to construct an Office/Studio that will not require the need for a variance. B. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area vadance for the location of the as-built accessory pool structure because the structure is as-built and exists in a side yard. 3. Town Law ,~267-b{3)(b){3). A. The vadance requested for the second-story garage addition is substantial, resulting in a 100% increase in the side yard nonconformity. B. The variance for a side yard location requested for the as-built Accessory Pool Structure is not substantial because the structure is one-story, 171 square feet and is 20.5 feet from the side property line. The premises had a Certificate of Occupancy under a different name: "BBQ shed", and this accessory structure continues to exist in the same location and form. 4. Town Law.~267-b(3)(b)(5). A. With respect to the second story garage addition, the difficulty has been self created. The applicant has additional locations on this parcel where a code conforming accessory structure or addition to the house may be constructed without the issuance of an area variance. B. With respect to the as-built Accessory Pool Structure, the difficulty has not been self created because the structure pm-exists in its present location. 5. Town Law ~267-b(3)(b)~4). No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood, 6. Town Law ,~267-b Page 4 - July 21, 2009 ZB File # 6280 - Luke Lica~, Applicant CTM # 1000-70-04-46.1 at 2105 Caves Neck Road, Southold A. The Board finds, upon applying the balandng test, that del~ment to the character of the neighborhood and the health, safety and welfare of the community in granting the requested relief for the construction of a second story addition to the pm-existing nonconforming garage outweighs the benefit of the applicant. B. The Board finds, upon applying the balandng test, that granting of the relief requested for the side yard variance for the as-built accessory pool structure is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while prese~ng 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 Simon, and duly carded, to DENY the variances as applied for, conceminq the construction of the second-story addition to the non- conformin~ existina two-car aara~e, except general repair in place and in kind to this existing structure, and, further to GRANT the vadance as applied for, only concerning the location of the pre-existing accessory pool structure with toilet, sink and shower, in a side yard subject to the following CONDITIONS: 1. Structure shall not be used for habitation. 2. Structure shall not contain a stove or cooking preparation equipment. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extansions, or demolil~s which are not shown on the a~opiicant's diagrams or sur,rey site maps, are not authorized under this applical~fl when in,~)lving nonconformil~es under the zoning cede. This ac~on does not authorize or c(mdone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbanks and other features as are expressly addressed in this ac'don. The Board rase~es the right to subsf~lute a similar design that is de minimis in nature for an alleralion that does not increase the degree of nancunformit7. Vote of the Board: Ayes: Members ~hdnger (C~, ~, and S~'~nneider. This Resolution was duly adopted (4-0). JGE~,~I~D P. GOEHRINGER, CHAI~'I~IAN ~pproved for Filing 7-27-2009 JUL 2 9 mOO Southold '/'own Cie& \ / / / / / / / / / / 2nd AI~DITION OYE~-. EXIGTIN¢ % % I i I x~ 101 193.58, x 14 5 / ? FEBRUARY SURVEY OF PROPERTY SITUA TED A T CALVES NECK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-04-46.1 SCALE 1"=20' SEPTEMBER 7, 2000 OCTOBER 24., 2003 UPDATE SURVEY JANUARY 25, 2004 ADDED ROCK REVETMENT MARCH 4-, 200'$ ADDED HIGH WATER AS PER DEED APRIL 6, 2004- ADDED ADDED TIE-OFF PILINGS SEPTEMBER 22, 2004 ADDED ADDED TIE-OFF PILING 12, 2009 ADDED PROPOSED 2nd STORY OVER GARAGE AREA = 58,518.87 sq. ft. 1.545 ac. NOTES: 1. ELEVATIONS EXISTING ARE REFERENCED TO N.G.V.D. 1929 DATUM ELEVATIONS ARE SHOWN THUS: 50 FEB 1 3 2009 THE EXISTENCE OF RIGId' OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, N.Y.S. Lm, No 50467 Nathan Taft Corwmn III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 MAIUNG ADDRESS P.O. Box 1931 R~verheod, New York 11901-0965 ~0-488 2ND. FLOOR PLAN SCALE: 1/4"= 1'-0' 1ST. FLOOR PLAN SCALE: 1/4"= 1'-0' Pe* 2 Jul FEB 1 3 2009 ,4LTE'~ATION5 ACCESSORY ESUILDING~ 25, 2008, eCALE I/4" = ,AC;C~EE>~=,O~¥ t~JIL~IN~ F-e~r,.~ry 22, FEi 1 3 2009 Jul 2~,, 2008~ 5cAl~ I/4" = 1'O" JD *- -__DESKTOP JOE_MY BOOK_H_DIGITAL PAGE 1 - 10/28/08 1:55 13 PM ?oolhouse 51ab Level C.O, EXISTING STRUCTURE * SEASONAL POOL HOUSE ~ * NOT FOR HABITATION ' ' * NO HEAT Vent; Thru ~z: = ..... Roof Scale:/4" = ILO" 5dale:/4"--ILO' Exlstlnej Ex 5ting Bathroom 5bower 5tall I~" 30 Existing Wet f~ar 5ink i Ill Ill / II C,O. 11 4" Trap I. % To Approved ~ 5anlt;ary 5yEt;em Existing P-.~ght 51cie Elevation Scale: ~/4" = I '-0" Rear Elevation 5cale: ~" = I '-0" Plumbing Riser Diagram Not; t;o scale 12 +7'3 3/4"+- Top ofrear ~.5 +/- P.V. Top of 51ab Scale:/4" = ILO'' 51ab on Grade 4"thick concrete 51ab sub-grade Exlstln~ ffouncta'clon Plan 5oale:/4" = ITOIl %0.5. = +0'-0" ] 5'-4" 4' 77/e'' Plan V~ew NYLIC. 031085-1 PA LIC. 9859-X © Z NORTH KEY PLAN DATE REVISIONS NFP 2ItECKED BY: Bill Gorman gHEET TITLE: Existing Structure A-1 Page 1 oF 1 Page 1 of l hItp://webmaii.aol,com/4295I/aol/en-us/mail/get-attachment.aspx?uid=t 23352241&iblde,,, 5/_7/2009'? FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 3, 2008 Revised: February 10, 2009- . TO: Revised: February 23, 2009 ~ William Gorman ( Luke Licalzi) P.O. Box 1447 Mattituck, NY 11952 Please take notice that your application dated September 3, 2008: FEB 2 4 2009 For permit to construct additions and alterations to an existing accessory structure and for. L .:. ....... an "as built" pool house at: Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 7_Q0 Block 4_ Lot 46.1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to these existing accessory structures, in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing accessory garage, which has a pre-CO, and "as-built" pool house(built without a permit) structures are located in the side yard. The garage has a side yard setback of 1 +/- feet. The prOposed height is 25 feet where 22 feet is the maximum ~ allowed. The new construction will maintain those setbacks. Pursuant to the ZBA's t interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Additionally, pursuant to Section 280-15(F) in the AC District and low density R-80... accessory buildings/structures or other accessory uses shall be located in the required rear yard. In the case of waterfront parcels, accessory buildings/structures may be located in the front yard... The existing garage, on this 58,519 sq. fl.. lot, is located in the side yard with a side yard setback of 1+/- feet the required side yard setback is 15 feet. The "as built" pool house is . located in the side yard. *Building department records show a pre existing certificate of occupancy, issued for the property in 1996, notes a "two-car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Following a review of the survey dated 1996 submitted to the building department for the issuance of the pre-existing certificate of occupancy, the "BBQ with shed" has been replaced by the "as built" pool house. The pool house has no CO. This Notice of Disapproval was written based on a survey on f'de by Joseph Ingegno last dated October 24~ 2003. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Building Department. FE~ 2 4 200~ TO: FORM NO. 3 NOTICE OF DISAPPROVAL William Gorman ( Luke Licalzi) P.O. Box 1447 Mattituck, NY 11952 DATE: November 3,12008 Revised: February 1 O, 2009 FEB 1 3 2009 Please take notice that your application dated September 3, 2008: For permit to construct additions and alterations to an existing accessory structure and for an "as built" pool house at: Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 7~0 Block 4_ Lot 46.1 Is retumed herewith and disapproved on the following grounds: The proposed additions and alterations to these existing accessory structures, in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing accessory garage, which has a pre-CO, and "as-built" pool house(built without a permit) structures are located in the side yard. The garage has a side yard setback of 1+/- feet. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (//5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Additionally, pursuant to Section 280-15(F) in the AC District and low density R-80... accessory buildings/structures or other accessory uses shall be located in the required rear yard. In the case of waterfront parcels, accessory buildings/structures may be located in the front yard... The existing garage, on this 58,519 sq. fi. lot, is located in the side yard with a side yard setback of 1 +/- feet the required side yard setback is 15 feet. The "as built" pool house is located in the side yard. *Building department records show a pre existing certificate of occupancy, issued for the proPerty in 1996, notes a "two-car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Following a review of the survey dated 1996 submitted to the building department for the issuance of the pre-existing certificate of occupancy, the "BBQ with shed" has been replaced by the "as built" pool house. The pool house has no CO. This Notice of Disapproval was written based on a survey on ~e by Joseph Ingegno last dated October 24~ 2003. Authorized Signature ~ ~9 ~ 0 Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Building Department. FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Luke Licalzi 19 Prospect Avenue Garden City, NY 11530 Please take notice that your application dated March 14, 2003 DATE: November 3, 2008 For permit for an "as built" accessory pool house and alterations to an existing accessory garage at Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 7~0 Block 4 Lot 46.1 Is returned herewith and disapproved on the following grounds: The "as built" pool house is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the requh'ed rear yard. The "as built" pool house is located in the side yard. The applicant claims that the pool house was built prior to zoning. However, further research by this department has discovered that a pre-existing certificate of occupancy, issued for the property in 1996, notes a "two car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Followin~ a review of the survey submitted to the building department for the issuance of a pre-existing certificate of occupancy, the pool house, noted on the "as built" survey, has replaced the "BBQ with shed." Furthermore, the pool house is not located on the property card on file with The Southold Town Board of Assessors. Therefore, the Southold Town Building Department has determined that the structure is illegal and in violation of Southold Town Code. In addition, the proposed additions and alterations to the existing nonconforming accessory garage are not permitted pursuant to is not permitted pursuant to Article III, Section 280-15, which states that accessory buildings and structures shall be located in the required rear yard. The existing accessory garage is nonconforming because it is located in the side yard. The applicant proposes to put on a second story. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED 3 009 BOARD OF 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 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner 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) 8534044 _OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & yoUngs Ave. ~.So~uthold, NY ! ! 97! ~'~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTltOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Gerard P. Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: May 12, 2009 Re: ZBA File ref. No. SCTM# 1000-70-4-46.1 LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southold; SCTM 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house) which are not permitted, 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 waterfront 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 lot; 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 waterfront parcel. THE FOLLOWING SECTION ADRESSES THE VARIANCE FOR SIDE YARD LOCATION NONCONFORMANCE AND SETBACK TO THE SIDE PROPERTY LINE FOR GARAGE AND SIDE YARD VARIANCE FOR POOLHOUSE: The proposed action 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 us, it is our recommendation that the proposed action is EXEMPT pursuant to § 268-3. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: F. Granting of individual se~ck, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shrine defense siructure or an); activity withe CEHA; [Amended 6-6-2006 by Z.L. No. 7-2006] Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney From: Bill Gorman North Fork Permits PO Box 1447 Mattituck, NY 11952 RECL~I~O JUL 2 ? 2009 BOARD OF APPEALS Jgo To: Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: UCalziApplication, SCTM# 1000- 70- ~c_q~. ~ To whom it may concern; We respectfully withdraw our application to construct a second floor on the existing garage. In addition, as the Zoning Board granted our request to obtain a Certificate of Occupancy on the pool house, we will conclude our efforts upon receipt of that C/O. Thank you for your consideration. Sincerely, William Gorman PORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspecto~ Town Hall Southold, N.Y. PEE ~r ~'-~TIN~ C~TIFICATE OF No S-24S13 Date JULy 22, 1996 THIS CERTIFIES that the building Location of Property 2105 ~AL~ NECK P~. House No. Street County Tax Map NO. 1000 Section 70 Block 4 Subdivision Filed Map No. ONE PAMIL][ DWELLINC SOUTHOLD ~ N.Y. Hamlet Lot 46.1 Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9~ 1957 pursuant to which CERTIFICATE OF O~CUPANCY N~ER Z-24513 dated J~LY 22, 1996 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE F~MILY DW~LLIN~WITH A~SSOP~Y GA~E, & G~EST ~SB * The certificate is issued to of the aforesaid building. OUDITH F. PHIF~EY SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEAB~ SE~ATTA~ INSPRCTIONNEPORT. Rev. 1/81 // ilding In. .ctor SEC. APPLICATION~ THE SOUTHOLD TOWN - _ . Date Assigned/Assignment No! 6r , Office Notes: Parcel House No.Z[O~"Street SCTM 1000 Section .7.0 Block'~ Lot(s) 'g~(o. I .Lot Size BOAP~F APPEALS Applicant/Owner(s): Mailing Address: ~ "~t4 c7; t t*.CZ-- Telephone: ~lb g~t~--['t~k t NOTE: In addition to the above please complete below if application is signed by applicant's anorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: ~'~"~~ ~l'~r(~wner, or ( )Other: Address: ~ Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: U Applicant/Owner(s) W'A'~horized Representative [] Other Name/Address: BUILDING INSPECTOR DENIED AN APPLICATION DATED WHEREBY THE FOR: ~uilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy it for As-Built Constrnction nOther: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance b~ numbers. Do not quote the code. / '~x Article '/~ Sectio_n 280- [~(,~ / Subsection Type oUAp~peal. An Appeal is made for: I~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 p~:~p, peal [~as[] has not been made with respect to this property UNDER Appeal No~0~_Year~~. (Please be sure to research before completing this question or call our office to assist you.). -- REASONS FOR APPEAL (additional sheets mav be used with applicant's signature){ AREA VAR1/INCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby. properties if granted, because: The garage has existed in its current location for over 50 years. The proposed garage alterations would be barely visible from anywhere in the neighborhood and, in addition, the design is a traditional gambrel-style roof which gives the appearance ora slight modification to the gable end. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue, other than an area variance, because: It is not reasonable to move the gm'age in order to satisfy the rear-yard requirement, and the owner has no desire to construct another accessory building on the property. (3) The amount of relief requested is not substantial because: The pre-CO building has existed in its present location prior to 1957. The gambrel style roof gives the impression ora minor visual change. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The building exists in an area where two story accessory buildings are commonplace. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. or activity? ( )Yes, or ( X )No. Are there Covenants and Restrictions concerning this land: ( X )No Does this variance involve as-built construction ( )Yes (olease famish cop~)~ This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Variance to Article XXill, Section 280-122 and Article Ill, Section 280-15(F) Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~ ~ ofAp l ~ (Agent must submit ~vritten Authorization from Owner) Notary Public CONNIE D. BUNCH Notan/Public. State of Nm ¥or~ No, 01eu6185050 Oualif ed in Suffolk County Corem ssion Ev, pires April I4, 20~/~:~.~ APPEALS BOARD MEMBP.RS Ruth D. Oliva, Chairwoman Gerard P. GochHnger Lydia A. To,ora V'mc~nt Orlando James Dinizio, Jr. hnp://southoldtown,northfork.net BOARD OF APP~,ALg TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ~ MEETING OF MARCH 4, 2004 ZnA Propart~L-e~otion: 2105 Celvse Neck Road, ~)uthold; CTM 70-4-46.t. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 119714)959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED Soe&oldTow. Cle ~: The Zoning Bo·rd of AppalJ~ hll vleltod the proparly under conllderetJon In thll ·ppllcetton ind detarmlnce that this review talll under the Type II cetngory of the State'· Lilt of Action·, without ·n edvome effect on the environment If the project ii Implen~n~d se planned, PROPERTY FACTS/DESCRIIrrI~N; The applicants' 58,518 iq. fL (1.343 ·nra) parcel I· Igc·tad ·long the Nit ·ida of Celvce Neck Rced In 8outhold, The lot I· Improved with · 1-112 story frame boule, detached garage, e~sory pool houae Wucturu, and ac~eceory ewlmmlng pool se ihown on the September 7, 2000 survey prepared by Joseph A. Ingegno, L.8., revised 10/24/03. B I : Building Department's December 8, 2003 Notice of DicepprOVll, mended February 6, 2004, citing Sect·one 100-244 and 100-33C, In its denial of · building permit application concerning an "sere built" accee~ory swimming pool located at lese than the code-required 50 feet from the front lot fine on this waterfront parcel and · detached frame pool Itorege house located In a ·ida yard tither thin the code required rear or front yard for thio waterfront parcel. FINDING8 OF FACT The Zoning Board of Appael· held · public hearing on thle application on February 26, 2004, at whk:h time written and oral evidence were presented. Bi.ed upon ell tcetlrnony, documentaffon, personal In·paltlon of the properly, and other evidence, the Zoning Bcerd find· the following tacto to be true and mlevlnt: AREA VARIANCE RELIEF REQIIFRTFn: Appllcento obtained · building pamIR (renewed #28313.Z} and Gonltructed an In-ground swimming pool al ihown on the Otb)bar 24, 2003 survey (required for the Isecance of a certificate of oGGupan©y by th· Building Depiu~,,,dnt). The survey cenfirme the setback of the pool at 40 feet Instced of the cnde-required 50 feet from the front propMty line. ADDITIONAL INFORMATION: During The February 26, 2004 hearing, tho applicant Indicated that be le Wing to obtain · d~tm~ilnatlon from the Building Department that the pool house le prsexlidng Certificate of Oc. nupanoy, and se of the hearing, the qtmation wse not rseolved between the appllceot and the Building Inspaotor. The applicant indicated that plumbing and other Iltlrattonl were added to the Imolhoule by · previous owner. At the February 28, 2003 reset]ne, tho applicant confirmed thlt he wished to pumue the poolhoule .tatu. separately in order to prevent any deMy in obtaining m CMtiflceto of OcGupancy for the swimming pool. (No ~Uon wse token by the Bo·rd in ·ny re·pact to the pocthouse building for the reseon that edditlonel Information may be necsesery to ct)taln further review· by the Building Department, cepmltaly.) REASONS FOR BOARD ACTION: On the bsel~ of tsetJmony present·d, materiels ·ubmittad and per~onel Inspaotionl, th· Board mikse the following finding·: z~ Wf cuM) ~nd R~ u~ ~0.4-~.~ 1. Grant of the urel vldlnco will not produce In undMklble dmnge In chou(der of neighborhood or · detriment to nelrby pro~ The "Il built", built In iwlnlmlng poM ii pMmltted In the front yard of watol/rent percoli. The Ipplk:ant wil Iliued i pMmit for the pool, which ~ nil the required ~mttmcke It the time of the Ipplicotion to bulM, After the project wis built, the IpgJIcant fumlibed · conebu(don eurvoy dltod O(m)bor 24, 2003 ehowlng the iwlmmlng pool wel one foot too ¢iole to the front lot line, with i ,Lg-(m)t front ylrd let~¢k. 2. The bendtt iought by the eppllGInt Glnnot be echleved by Iome method, fcoMble for nl~pllr, lnt to pureue, other thnn in Itel vldll~e. A iwlmmlng pool Ii I permitted W ule In I front ylrd on waterfront plrcoio. The ~wlmmlng pool, Ifter excmmtion that wll Im'~or then necellary, Is In e location "es built" one foot oiolor to the rood thin the code permitted. 3. The reque~tod Ire. vadenco io minimal and reprelento n one foot reduction In the current code requirement of 50 feet for the front yerd setbeck. 4. The difficulty win lelf-creitod when the applicant's built the ~wlmmlng pool cloler to the road then the building permit euthorlzed. 5. Grant of the relief le the minimum lotion necollery Ind ediquntl to ennble tho eppllcant~ to enjoy the benefit of · Iwlmmlng pool, while wrying and protedino the Gharocter of the neighborhood end the heMth, nefety and wefflre of the community. RESOLUTION OF THE BOARD: In conelderlng nil of the lbove rich)re &nd applying the belnnGIng telt under New York Town LAw 2eT-B, moflon wei offered by Member Orlando, leconded by Member OoehHnger, end duly ~rrlnd, to GRANT the variance am applied for, el shown on the survey prepared October 24, 2003 by Joseph A. Ingegno, I-$. eubJe=t to the foliowlng condition: The structure shell remain open to the sky. This eciton dco~ not luthorlze or condone eny CUlTent or future use, ~ettmGk or other flmtura of the eubJeGt Foperty thet may viollto the Zoning Code, other then such ulee, cothnolm end other fe~turol Il ira expre~My eddrel~ed in this &Gtion. Vote of the Board: Ayel: Membera OIIvu (Chelrwonmn), Goihrlnger, Tortora, Oflendo, end DlnizIo. Thio Relolu~Jon wl~ duly adopted (5-0.).~ · Ivy, Chairwoman 3/9/04 Approved for Filing I orth Fork Permits Permit Expediters To." From: Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 North Fork Permits William Gorman PO Box 1447 Mattimck, NY 11952 Date: February 10, 2009 FEB 2 4 2009 Re: Luke LiCalzi SCTM# 1000-70-04-46.1 Rear yard and side yard set-back variance To whom it may concern. Mr. LiCalzi is seeking to construct a second story on his existing non-conforming garage. The garage is located in the side yard and does not satisfy the rear yard requirement for an accessory s~a'uctare. In addition, the existing garage is located 1' from the side lot line rather than the 15' requirement. Finally, the proposed height of the garage is 25' rather than the code height of 22'. The proposed construction is a traditional gambrel which, aesthetically, appears to be a minor alteration to the gable end. The second issue is the existence of an "as built" pool house. In March of 2004, while considering a proposed pool permit, the Zoning Board deferred determination of the status of the pool house pending additional review by the Building Dept. The shed was constructed prior to 1957, and Mr. LiCalzi contends to this day that any and all construction and plumbing alterations to the pool house were performed by the previous owner. We are seeking a final determination to a structure that has existed for decades. Pursuant to Article XXIII, Section 280-22 and Article III, Section 280 (F) we are requesting 1) a side yard set-back and a rear yard variance for alterations to an existing garage, 2) a 3' height variance on the proposed garage alterations, and 3) a fmal determination for a pre CO-structure converted years ago with construction and plumbing alterations. Thank you for consideration, William P!~rmits Authorized Representative for Luke LiCalzi P.O. Box 1447, Mattituck, New York 11952 63%445-1461 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being removed: t~ xg.£'Wl~'k/~'~ ~ On II. New Construction Areas (New Dwel~ipg or l~ew Additions/Extensions): Dimensions of first floor extension: /t) Dimensions of new second floor: ~.~ t- Dimensions of floor above second level: Height (from finished ground to top of ridge}{ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach exa'a sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WlI'I-I Alterations: ~-~.-~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of build~ngs on your property: Proposed in~rease of building coverage: Square footage of your lot: ~'~j Percentage of coverage of your lot l~y building area: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the dgfficulty 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 2009 QUESTIONNAIRE FOR FRJNG WITH YOUR Z.B.A. APPLICATION Is the subject,premises listed on the real estate market for sale? [] Yes ~N!o Are there any proposals to change or alter land contours? ~o [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses7 ~. 2) Are these areas shown on the map submitted with this ap~[icat{on? 3) Is the pro~ulkheaded between the wetlands area and the upland building area9 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: 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? b~'C) Are there any patios, concrete barriers, bulkheads or f~nces that exist and are not shown on the survey map that you are submitting? tt~O (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? /~O If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Date Do you or any co-owner also own other land close to this parcel? /k~ If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel ~ and proposed use ~o~&a,..~ t~O] 2/05; 1/07 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ Ali applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name ofApplicant: /jLJl0~., ~tk~ ~fL ,(v~r~ 2) Address ofApplicant: ~C> ~t:~./[L [4-4~;7 3) Name of Land Owner (if other than applicant): -~.o ~_1~ L~ t ~.J~[- ~---k 4) Address of Land OWner: 2-1 ~ ~ C~.I~'-'o tKJ~x.t~-- L"~ ~ ~ 5) Description of Proposed Project: glDl..~t~ (..~-O,3"O~/~ ~ ,."- 2 ~ ~ 6) Location of Property (road and tax map number): ~ 7) Is the parcel within an agricultural district? [~o[~ Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~o [-]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the ToWn Assessors Office, ToWn Hall location (765-1937) or from any public computer at the ToWn Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be o~btainedGcn advance, when requested from the Office of the Planning Board at 765- 1938 or the ~o~d~lfeals at 765 - 1809. ~ ~v~ tu~effA~licant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Town of South old LWRP CONSISTENCY ASSESSMENT FORM ~, ~L~0 INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant ' beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards mid 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 Plam~ing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#./Oe~ "'?,0 - E~. --- '4~. ( The Application has been submitted to (check appropriate response): TownBoard ~PlanningBoard[~ Building Dept. [] Board ofTrustees [] 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) (a,--T~ff, approval, hcense, certitic~iioiii ............. ~- ....... Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Soathold agency, the following information shall be provided: (a) Name of aPplicant: (b) Mailing address: (c) Telephone number: Area Code (~_ ~. -- /~.Z~,~"~ t/-~(.,~ ~ (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ No ~ If yes, which state or federal agency?_ C. DEVELOPED COAST POLICY 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 III - Policies; Page 2 for evaluation criteria. [~es D No [~ Not Applicable Altach additional sheets if necessary .... Pohc~F2..~r~tec~C~d~reg'~rv~.-hisl~Pfc-'and~rclifie6 olololololololololo~giE~l resources ~o~rthe-T~w~SS~6ht~ .~e LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~] No ~/Not Applicable d~{gc~s b Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes ~ No I~'~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [--q No [~NotApplicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and W{ldlife Habitats and wetlands. See LWRP Section III - Policies;. Pages 22 [--] 'Yes [~] bl~ [~o~ Appiic~ie At~ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 throagh 34 for evaluation criteria. [] Yes [--] No ~Not Applicable ~1~'(~o~0 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Y. es No Rot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See EWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [--] Yes [~ No ~Not Applicable Aaach additional sheets if necessary WORKING COAST i}0Li~iE~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations~WRp Section III - Policies; Pages 47 through 56 for evaluation criteria. -'[~Y6~ [~-No '[~_~]qqofAP-Plicabl~ ..... ~ach additional sheets if necessary 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 [] D/o ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [--q No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polices 65 through 68 for evaluation criteria. ['~ Yes ~] No [~'1 Not Applicable Created on 5/25/05 11:20 AM PART I - Project Information 1. Applicant / Sponsor 61Z21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNZISTED ACTIONS Only (To be complete by Applicant or Project sponsor) 2. Project Name LL~,¢-,-,'""~,.- 3. Project location: Municipality County r 4. Preaise tocation (Street address and road intersections, prominent landmarks, etc. or provide map) 5, Is proposed action: .i ( ) NEW ( ) EXPANSION (~)"'~ODIFICATIO~'.//ALTERATION 6. Describe project bdefly: Amount of land affscled: Initially: acres; (. 8. Will proposed action comply wiLh existing or other existing land use resLdctJons:( b")'~"' ( ) HO If No, descdbe bdefly: 9. W,,~,.l.-is present land use in vicinity of project: (describe): (~'~Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) PaddFores//Oper~ Space ( ) Other 10. Does action In~,e~ permit approval or ~Jnding, now or ultimately from any olher Governmenta agencyl{Federa S a e or Local) ? ( ) YES (,-'~NO if Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently va d permit or approval? ) YES (~,,'~0 if Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, ,Mil existing permit/approval require modification? I( ) YES (,~)'"'~O If Yes, llst agency(s) and permit/approvals: I ced/fy tha~ in~rmation provided above is true to the best of my kn~owledge / Applicant / Sponsor Name: //// /'~/ ~ Date: if the action is in the Coastal Area, and you are a state agency, complete the Cqastal Assessment Fo~ before proceedin~ with this assessment · __g'A~'~ACTIONAL DISCLOSURE FO APPLICA~ TO OWNER, CONTRACT VENDEE ~[}D AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying ame of Someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Cheat apply.) , Variance Special Exception *Other Approval or Exemption ~:~ from plat or official map Change of Zone Tax Grievance · If"Other" name the activity: -- ~ Do you personally (or through your company, spouse, sibling, ,,parentl or child) have a relationship with any officer or employee of the Town of Southold? Relationshi "includes b, blood marria e~usiness interests: ' -- 'Busi.nes~ interest" means a ~'-' · · aP~-ersh~h th_e Town offic .......... ,~ ousmess mcludin a e--mpl°~rporafion in which the Town officer or em lo ee owns more t~ sM~Z~S_ms e~artial OWnershi of or YES~ ~ NO~ If you answered "¥E~e,,, complete the balance of this form and date and sign where indicated. Name &person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the Owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) ' ~ an officer, director, partner, or employee of the applicant; or ~ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of Signature: Print Name: [Iorth Fork Permits Permit Expediters To: From: Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 North Fork Permits William Gorman PO Box 1447 Mattimck, NY 11952 FE J I 3 29,0,9 Date: February 10, 2009 Luke LiCalzi SCTM# 1000-70-04-46.1 Rear yard and side yard set-back variance To whom it may concern. Mr. LiCalzi is seeking to construct a second story on his existing non-conforming garage. The garage is located in the side yard and does not satisfy the rear yard requirement for an accessory s~ucture. In addition, the existing garage is located 1' from the side lot line rather than the 15' requirement. The proposed construction is a traditional gambrel which, aesthetically, appears to be a minor alteration to the gable end. We feel this alteration is visually minor enough to warrant a variance to an existing non- conforming structure. The second issue is the existence of an "as-built" pool house. In March of 2004, while considering a proposed pool permit, the Zoning Board deferred determination oftbe stares of the pool house pending additional review by the Building Dept. The shed was constructed prior to 1957, and Mr. LiCalzi contends to this day that any and all construction and plumbing altemtious to the pool house were performed by the previous owner. We are seeking a final determination to a sU'uctare that has existed for decades. Pursuant to Article XXIII, Section 280-22 and Article III, Section 280 (F) we are requesting 1) a side yard set-back and a rear yard variance for alterations to an existing garage and 2) a final determination for a pre CO-structure converted years ago with construction and plumbing alterations. Thank you for consideration, P.O. Box 1447, Mattituck, New York 11952 631-445-1461 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN HALL SO'HOLD, NY I1-971 TEL: (631) 765-1802 FAX~ (631) 765-9~02 $outlmldTown.NorthFork.net Examined ,20.__ Approved ,20__ Disapproved a/c - - 'exp~ratxon' '~ 20 qz PERMIT NO. BUILDrNGj~RMIT APPLICATION CHECKLIST Do ~l~have or need the following, b~for~ applying? Board of Health . . ~ 4 sets of Building Plans Planning B~l,,~pproval Survey ~ Check ~/ Septic Form N.Y.S.D.E.C. ~ Trustees ~lood la. mit Storm-Water Assessment Form Building Inspector APPLICATION FOR BIY~D!NG PERMIT INSTRUCTIONS Contact: ~ Marl to: Date ,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 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 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 name, ifa corporation) (M~flling addre~ of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~-~O~:: &(, CI~I.,..~-. [ (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. Location of land on which proposed work ~will be done: . House Number Street CountyTax Map No. 1000 SectiOn Subdivision Hamlet Block 0 4 Fi~e~l No:-"--:Mal~' ' Lot b. Intended use and occupancy %C~ ~4t~. A~_~ _ff~ '~ 3. Na~e of work (check w~ch applicable): New Bulldog '~ ~ Addition ~t~afion R~r Remov~ Dmolifion O~ Work 4. Es~ated Cost ~~ Fee (To be p~d on fil~g ~s a~licafion) 5. If dwell~g, nmber of dwelling rots ~b~ ~d~el!ing rots on each floor If 9arage, number of ea~ ;: ~ ~ of each~ ~ "~ C , 6. If bus,ess, ~ci~ or ~xed occup~cy, ~pe~ ~e ~d e~[~ t~e of use. 7. Dmenmons ofex, spng s~c~es, ~f~y: Front .¢_5 Re~ '~ 2~ '~ D~ ~7 Height ~ -0~ Number °f St°rieS " ~ d Dimensions of~ame ~ucture with alteration~or additions: Front C Rear Depth ~ '- ( ~ Height ~" ~" Number of Stories [Y~, 8.7~:~imensions of entke ::~new ~ns~ction: Front Re~ ~ep~ Height Number of Stories 9. Size of lot: Front Re~ D~th 10. Date of P~ch~e. ~me of F~ 12. Does propos~ cons~ction holate ~y zo~ la~rdM~ce on? ~S~ NO , 13. Will lot be r~? ~S NO Will excess fill be r~ov~ ~om pr~ses? YES__ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 1,7. 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: _~/[/._/--t ,~,,~ &~-'~ being duly sworn, deposes and CN-ame of ind/vidual sigating contract) above rmm.~.._ (S)He is the ~? (Contractor, Agent, Corporate Officer, etc.) says that (s)he is the applicant of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that thc work will be performed in the manner set forth in the application filed therewith. Sworn to before me this "~'~*) dayof ~.~'{-et~*~- 20o~' ~_. From: Luke LiCalzi 2105 Calves Neck Road Southold, NY 11971 Date: 1/30/09 To whom it may concern, William Gorman of North Fork Permits is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. Sincerely, A~?LICAT!ON FOR C~TI~ICATE OF OCCUP.~NCf This applicatiou must be fiB. led in by t~pewri:er OR ink and submi.'.:ed ~-o the building For ~st~g bu~d~gs (prior ~o ~ril 9, 1957) ~on-coufo~ng uses, or bu~d~gs ~ Accurate su~ey of p~0e~ sho~g all 9roper~ i~es, streets, bu~d~g ~d C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additio~s to dwell/-ng $25.00, permi~ No ................ Date Of Pe~-~i= ................ Applicant ............................. Health Dept. Approval .......................... Umdez-~riEar$ Approval ......................... planning Board Approval ........................ · equest for: Tamporar? CarEificaEa ........... Final ~. 51G33 1 /.. (('~ I'z-'~ SURVEY OF PROPERTY CALVES NECK TOWN OF $OUTHOLO SUFFOLK COUNTY, NEW YORK S.C. TAX No, TOWN OF SOUTHOLD PERTY RECORD CAR / O OWNER RES. cv~/~) SEAS. LAND ~ IMP. AGE ( NEW Farrrl Tillable ~ Tillable 2 Tillable 3 Waodland Sw~npland Brushlan~' House Plot Tota I NORMAL Acre VL. FARM TOTAL DATE BUILDING CONDITION VILLAGE BELOW Value Per Acre DISTRICT SUB. ACREAGE ) ~ TYPE OF BUILDING COMMA. IND. CB. REMARKS LOT MISC. ABOVE Value :xten~on -~ ~o~6~ ~ ~ ~.~ ~.Walls =e_~ t7 x ~¢ ~ ' ~/u ~~ ?? /S%7 Fire Place 6/,~ & X ~ ~'.?~' Z ¢,~_10 , ~ J~0 6 Parch Attic I~/,.,, ...... : 2 . ,, % ¢~, / Porch R~ms 1st Flor ELIZABETH A. NEVILLE, H. MC, CMC TOVfN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 20, 2009 Zoning Appeal No. 6180 Transmitted herewith is Zoning Appeals No. 6280 William Gorman for Luke Licalzi - the Application to the S outhold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Board of Appeals Determination Dated March 4, 2004 ZBA #5488, Pre Existing Certificate of Occupancy for One Family Dwelling Dated July 22, 1996, House Code Inspection Report Dated July 15, 1996 Inspected by Gary J. Fish, Application for Certificate of Occupancy, Consent to Inspection Dated July 9, 1996, Cover Letter from North Fork Permits Explaining Need for Zoning Change Dated February 10, 2009, Application for Building Permit Dated September 3, 2008, Notice of Disapproval from Building Department Revised February 10, 2009, Authorization Letter from Luke LiCalzi to William Gorman of North Fork Permits to Represent them in this Matter, Copy of Property Record Card (Both Sides), 2 Photos of Property, Copy of Survey Showing Existing & Proposed Construction Dated February 12, 2009 Prepared by Nathan Taft Corwin III, Land Surveyor, Plans for Existing Pool House Showing Elevations & Plumbing Dated July 14, 2008 Prepared by North Fork Permits, Plans for Alterations for Accessory Building Showing Elevations & Floor Plans Dated July 25, 2008. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/18/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP FECEIVED 6280 LICALZI, Luke 1840 $600.00 F:B 1 9 2009 $600.00 By__ Thank,,ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 02/19/09 * * * RECEIPT * * * Receipt~: 41809 Transaction(s): 1 1 Application Fees Reference Subtotal 6280 $600.00 Check#: 1840 Total Paid: $600.00 Name: New, England Barns Inc P O Box 1447 Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6280 Town Annex/Fu~t Floor, Noah Fork Bank 5437~ Main Road (at You~gs Avenue) Sour&old, NY 11971 5~)95 Main Road P.O. Box 1179 $outhold, NY 11971-0959. ht~'.//so~.okltown.noflhfottc net BOARD OF APPEAL~ TOWN OF SOUTHOLD ~1. (~31) 76~-1809 Fax (6~1) FACSI MILE TRANSMITTAL SHEET TO: /ll , F~x # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (pre~s I at voice i'eeol~lill~) URGENT ~R YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES~,OMMENTS: Please tlnd atlaehed copy/copies of the foiltm, i~, Sender's Initials: ~-~ John Kramer 2225 Calves Neck Rd. PO Box 1360 Southold, NY 11971 631 765 1235 RECEIVED BOARD OF APPEALS Zoning Board of Appeals Town Hall Annex PO Box 1179 Southold, NY 11971 May 18, 2009 Re: Luke Licalzi project, 2105 Calves Neck Rd. Dear Members of the Board: I am the neighbor to the West of the Licalzi's and would to submit for the record my concerns with this planned garage addition. The orientation of my house is basically North/South. My dining area and living room windows face South which is across the creek, and East which is over the Licalzi property to the bay and Shelter Island. I explained to Dr. Licalzi a year or so ago that I had no interest in anything he did as long as it does not change the view from my dining room and living room. I do not wish any change that will increase the non conformance of his garage that can be seen from my windows in the dining area because either my heirs will not appreciate, or my future buyer will not pay for, a view of the neighbor's garage. Both his garage and my BBQ/Shed are situated right on our property line and obstruct my view of the bay. My shed actually obstructs more than his garage, but I don't have the ability to move my shed. Both were built in the late 1940's pre zoning, and I bought with the understanding they were preexisting and grandfathered structures. I have no issue with the status quo. The Licalzi's are the friends and great neighbors, and I think they know I appreciate them, but I cannot support any application that will make the garage appear larger or higher than what it is now. Whatever they want to do without changing the sides that I see from my dining and living area: the street side (North) and West side and roof, are fine with me. I trust the Board will protect me from the detrimental effects of a project that will increase the non conformity of the garage and decrease my property value due to its proximity to my house and property. Sincerely. // JolLri~Kramer 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 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: 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 the Building Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house) which are not permitted, 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 waterfront 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 lot; c) thl~ 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 waterfront parcel. 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 7, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) ~ P.O. Box 1179 i~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, - P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.north fork.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 aI.J owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearing, providinq 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 later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later 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 Postinq 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. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 18, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6280 (LICALZI) Dear Mark: We have received an application for additions and alterations, 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. 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 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 18, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6280 Action Requested: Within 500 feet of: Owner/Applicant: LICALZI Yard location and setbacks ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer Z.A c, tn By~...~, ~ ~...~_~._~ APPEALS BOARD MEMBERS Ruth D. Oliva, ChairWoman Gerard P. Ooehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. 53095 h P.O, B{ Southold, IxP Tel. (631) ..... Eax (631) '"% ~ http://southoldtown.nor th fork.ne{ [~) .......... : i BOARD OF APPEALS ~,' , ' TOWN OF SOUTHOLD ~....~ F~ ND NGS, DELIBERATIONS AND DETERMINATION ~Lr-~ .-'~..:. I ' MEETING OF MARCH 4, 2004 Lic _z ' Property~ LocAtion:, 2105 Calves Neck. Road, Southold; CTM 70-4-46.1. · ~EQRA,DETERMINATION: The Zoffing Board of Appeals ~has visi~d th~ pr~per~y:under~cPn i~ this,apl~tld~i~n and determ~ne~ t~lat this YeVlew falls uAder the ~ype'll category of the S/at ct ons~ without'an advers~ effect on the en¥ironm~nt if the project s mple~ented as planm ~ROPERTY FAC~'~JDE$cRiPTIoN ~he-appllcants' 58,518 sq. ft. (L343 acre) parcel is .Iocat ~?~e mist ~j'de of Cahte~ N~bk~ Re,icl Ir} ..S0ut~6]d~' ~he lot is improved with A 1:1/:2 story ~am~ ~etached garage, accessory poe hob~ struotbre, and accessory swimmj'ng pool aa showr ~eptember ?, 2000 survey pre~ar~d by .Joseph A. Ingegno L.S., revised '10/24/03-. BASIS OF ,~PPLiCATION: Building. Department's December 8, 2003 Notice of Disapp~o .vai, a ~,eb[uary 6~, 2004, citing Sec~or~,, ~0-.244 ~rld 't00-33C, in its denisl pfa ~buiEting permit, apl ~Snc~n~ ,Eh '~a~s'b~llt'~ ecce'~slh~P.~w~r~mlri~ }~ool located at less than.the~¢ode4equire~d450~ f the front lot line on this wate~ront~fiarcel and a detached frame pool $;:ora~e house located i ya.r~t rather .,than the code reo~uire~ r~ar or front yard for this waterfront parcel. F ND NGS 01~ FACT The Zoning Board of Appeals held, a publie, hparlng on this application on Fpbr, uary.26, 20,0z ~imi~ written; and ~rral e,~idenc~e Were Pre~eil'te~: Baaed upon all testimony:, dScum~ntAt~6n inspection of the property, and'0ther evlde~ce, the Zoning Board finds the following f=c!$ and relevanE AREA VARIANCE RELIEF REQUESTE. D: Applicants obtained a building perm. ~t .(renew. e,d #, and Constructed an In-groulld swimming poe) as shown on the october 24, 2003 Survey (reqt the issuance of a certificate of occupancy by the Building Department). The survey.canE setback of the pool. at 49 feet instead of the code-required 50 feet from the front property line. ain Road ,x 1179 · 11971-0959 765~!809 765-9064 0 ~tlon List of d along 'house on the ~ended ,lication ;et from a side which arsenal be true S313-Z) Ired for ms the ADDIT!ON.t NFORMATION: D, urlng The February 26, 2004 hearing, the applicant Indicated ti he is try[qg ?;.0 ih a d~termln~tl6h fi-0m~the Building Department that the pool h~use [Sip~;e xistlng Gei;ffflchte )ocupattcy, and aa of the h~ing, ~e question was not resolved baleen*the a pllcant an~'~he Bt ng nspector. ~p app leant ndicated that plumbing and other alteraUons W~ re also ad~} ~ ~olhouse by' a ~pr~l~us owner. At the Februa~ 26, 2003 meefing,.t~e'a~plicant con~t~ed t he wished io pursue the ~olhouse status separately In order ~ prevent any~elay In obtalfi nfl a ;~ f catd of Occu~h~.fot the ~lmmlng poe (No act on was ~ken by the Boa~ in any respect to tho poolhouse b~ildlBg for the r~son that additional Infomaflon may be nece~a~ obtain furthe- reviews by th~'Bfi~ding Debarment, separately.) R~$~N~ ~OR a~D ACT~N: On the basis of testimony presented, materials submi~d' and perSb~l' [~¢fldnS, the Bo~ ~a~s the following findings: Page Z- MarCh ~,, 2004 .ZBA #~488 ~- Luke and Rlta Llcalz~ i. ~;TM~ 1000.?0.4L~6.j :1... ~.r~3~ o.~, t.h~ area vada.~e will npt PFo~ ~n u~e~r~l~ c~ngo in character or noighbo cod or ~.~tr~f t~r~e~ p~0p~S, The ,as ~llt",.b~t ~g pool is permitted in tl~o front yard pf wa~ffr~ ~cels. mh~ ap~li~: w~: t~e~:[~ Pe~J~ ~o[:~ho ~ol, whic, met a the required Se~c~.~ ~e time of*thd~ppl(cat~d* t6'bd~d.~ ~;~b~oj~i was bu'lt, the applicant furpishod a ~p~C~ ~n survey dared October 24, 2003 show ~g ~e ~wJm~ng ~o~ was one foot too ~c!o~e to the ~ront'l~ hH~w~th a 49-foot front yard se~ack. '~'~' ' "rI ~ e.'Seh~t .~=~ ~y ~'=pphc~t cannot~be achieved by ~e =m~ed, feasible f~r ap~i~nt to pu[su~, pther than an a~ea variance. A swimming pool is a per~Eted a~$ E~ ~e~a ~[~ard On wat~rfr6n~ par?Is.: ~ ~mmin~',pool, ~fter excavation ~at ~was larg'o~='~a~'~s~ i~ia Ioc~tldn. '~s, built" ~'n~'~ '.. ~ t ~l~serl. to tho road than the ~odo p~rm 3. Tho ro~u~ted are~ari~nce Is mm~ma and reprosont$'a requirement o[5b ~oet f~r the'front yar~ setback 4.. ~E d~fficu}[y[~as.~-cY~tod ~hen the apphcant s.bullt tho~s~l~g tho b'd~ldmg~t auth~rl~ ...... . G~a~[ of tho.rehef ,s tb~inimu~ actmn 'noces~ and ade~t~o erablo ~e app cants th~,~one{ h~f a sw mml~g.go~, w ] e presew ng and pm{act ng t ~o character of t ~e nei the' ~' "' ' ' ' ' * ' ' ' '' ,' ' 'he~th, ~afety'ad~lfar~ of the commum~y.. ' ... RESOLUTI~,,O~ ~HE:~OARD: In Considering all dt [I'd ~i~Jdvb [~t~101'~ am' applyi'tq the,baJap~ G ob~ n n, ger,~n d 1~ ~ly ,~r i~d,:lo, · . .~L~ ~i~/~aj[~n¢~ as~,aoplled for. as shown on the survey re ared October 24, L~: ~ ~ffe~r~ture'~Sall re~ain ~pon [o the'sky. ~ ~ ".}~ . Th s aetio~'~s'ao~;~a[~rlze,Or condone apy cu~en[~ f~tWe as are &kp~ly[gda~b~'ln this action. ' ~.'~ ~; '~: ~' ~.. .;. ~ .. Vote of:~a~[~s,:~ember~ OIIva (Cha,~omaa)gLG~ebdnge~ To~F~. Orlando~ .an~ br v4a for M~mber LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEAI.S THURSDAY, FEBRU~Y 2~, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to 8action 287 of the Town Law and Char 100 {Zoning), Code of the Town of $outhold, tho following public haadng will be held by the $OUTHOCD TOWN BOARD OF APPEALS at the Town H~II, 53095 MMn Ro~d, P.O. Box 1179, 8outhokJ, New York 11971-0959, on THURSDAY. FEBRUARY 26. 2004 at tho time noted below (or Im loon thereaftor u po~ible): 10:50 a.m. LUKE and RITA UCALZl #~4~ Thl. la · requ~t f~r · Vmtnn~e under Se,~ion 33C, be·ad on the Building Inobe,.-tm'~ December $, 200~ Notl~ of DI,~w~I (and renewed building pemtlt) ~on~ernlng an ~rj ~wlmmlog pool loomed at I~ tt.m the rode- rKlulred 50 feet from the front lot line on thlc wltorfront plrcM, ond · ddlghed frame pool Morege heu~e located In lin area other than the required yard, It 2105 Citvea Neck Road, Southokl; 10~0.70.4-46.1. The Board of Appeals will he~r Ill plreonc, or their repreaefltltlvel, desiring lo be heard It each h~rlng, In(I/or dealrlng to mJbmlt written Mitemento before the Gon~iulton of e~ch hearing. Each hearing will not stilt earlier than dealgndld above. File· Ire avllllble for review during regular bualneal houri. If you have queationa, ple~e do not habit,to to c~ll (831) 785-1809.~ D·ted: January 28, 2004. Board of Appeal· Ruth D. Oily·, Ch·lrworrmn By Lind· Kowaickl Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) R~F~.KENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thankyou. Sendeeslnitials:~[__ ~o z_~ c4-~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTMParcel#1000- -*/O - ~c' - ~z. [ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS ~P '~A. _t~ , New York, being duly sworn, depose and say that: · On the L/ day of g./'~"~ ,2OO~, I personally mailed at the Uniied States Post Office in ~"~U rlc(~L-L.~ , New York, by CERTIFIED MAIL., RETURN RECEIPT REQUESTED, a true copy of the attached Legal Not ce o prepaid envelopes addressed to current owners shown on/the current assessment ¢011 verified from the offiC~ records on fi!e. )j~Jhe (~/V~ssessors,'or ( ) County Rea Property Office' ~-~---~;f_.-~-" ¢e~ , for every property which abuts and is across a public, or pdv~'~strev-~ vehicular right-of- f///'///- __------- ///JSignature) Sworn to before me this ~)~- day of ~ ,200°~ (Notary Public) CONNIE D. BUNCH Notary Public, Stab~ of New Yom No. 01BU6185050 C Qualified in Suffo k County _ ,ommission Expires April 14, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. m m J ,EI:~'~A L U S E $2.~ $2.30 $0.00 $ $5.71 0971 77 ~J ~"~F'"P41~C~AL USE rn Pc~tage $ ~.61 $2.B0 $2,30 $ $5.71 m P~ge Cereal Fee ru ~ Return Receipt Fee ~,61 0971 $2.B0 77 $ $5,71 05111120{)9 ' · Complete items l, 2, and3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this ~ to the back of the mailplece, or on the front if apace permits. "1. A~tlcle Addressed to: 2. ~ticle Number (Transfer from se~vlce label) PS Form 3811, February 2004 B. Received by ( i='l Agent [] Addressee 3. Type 7007 0710 0002 2339 5404 Domestic Return Receipt · Complete items 1, 2, and 3. Also Complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Ag~t Printed Name) J C. Date of Delivery D. Isdelivery~l~fiom[teml? EYes "YES,,~-t~3ar~/,~,be~ow: [] No [ NAYll2009 t 3 ice y all ~ipt for Merchandise 4. Restricted Delivery? (F-J~a F6e) r~ Yes 70070710 0002 2339 5411 2. A~tJcle Number (T~nsfer from se~/ce ! Ps Form 3811, February 2004 , :j. ~omptete items 1, 2, and 3. Also Complete item 4 if Restricted Delivery is desired. · Print your name and eddress on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Numbe~ (Trawl'er from se/vice/abe/) PS Form 3811, February 2004 [] Addre,~cc B. Received by (Printed Name) C. Dote of Delivery D. ~sdellv~yaddre~diffemnt fn3mltem 17 [] Yes If YES, enter delivery address below: E~ No 3. Sen~ice Type 7007 0710 0002 2339 5398 Domestic Return Receipt 102595-02-M-1~40 '~ (~zt Po ~d~(~ ~o LI c4z- ~1 ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applic~ant) AFFIDAVIT· · OF 81GN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- '7o - - I' COUNTY OF SUFFOLK) STATE OF NEW YORK) -X Onthe -"~,[~dayof ~ ,200"~, I personally placed the Town's official Poster, with the date (~f hearing and nature of my app cation noted thereon Securely upon my property located ten'(lO) feet or c Oser from the street or fight-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that residing at 3Z~-~ , New York, being duly sworn, depose alhd say that: I hereby confirm that the Poster has rem.a~, e~ven days prior to the date of the subject hearing da~~ was shown to be. . . . Sworn to before me this c~l~ day of ~ , 200~. (Notary Public) CONNIE D. BUNCH Notary Public, State of New Yon~ No. 01BU6185050 Qualified in Suffolk C0unt~ , '~mmi~ion Expim~ April 14, *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF HEARING, The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: LICALZI, LUKE #6280 MAP #: 70-4-46.1 VARIANCE: YARD LOCATIONS & HEIGHT REQUEST: ADDS/ALTS ACCY GARAGE & "AS BUILT" POOLHOUSE DATE: THURS, MAY 28, 2009, 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duty 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 Clerk 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 th$~ Town Law and Town Code Chapter 280 (Zoning),Town of Southold. the followine public hearinn will be held by the SOUTHOLD TOWN on total (both) side yard setbacks, and ZONING BOARD OF APPEALS at at tess than 75 feet from the bulkhead, the Town Hall. 53095 Main Road, PO. Box 1179, Southold, New York 11971- 0959~ on T AY fA 28 09: 9'.40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 280-13(m). based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart meot (without a permit). The Certificate of Occupancy for the existing single- family dweging was issued May 31, 2007, and Section 280-13(m) states that the building must have a valid Certificate day of l. 2009. NOTARY PU,~ 30,¢, ~- 0'~ Nr:w YORK at 150 West Shore Dri,~e, Sou thold; CTM 1000 80-5 5.i adjacent to Southold Bay. 11:15 A.M. MICHAEL and LINI~A 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 addifion to the single-family dwelling. The proposed breezeway addition is proposed to con neet the preexisting two-story garage to the dweging, resulting in: (1) a side yard setback at tess than the code-requh'ed 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%. at 9480 Nassau Point Road. Cutchogue; ty Road 48 (a/k/a North Road. Middle ~Koad), Southold; C'TM 1000-59-3-25.1. 0-~0 A.M. LUKE LIGALZl Location of Proper~y: 2105 Calves Neck Road, Southold; CTM 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February ~3,200~9 Notice of Disapproval concern- zng 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 of Occupancy issued prior to January L CFM 1000-118-6-7 (adjacent to Peconic 1984, or proof of occupancy prior to that Bay). date. Location of Property: 42205 Coun- 11:25 A.M. JOHN and KATHLEEN proposed additions/alterafions: (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 will 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 lot; c) the height is proposed at 25 feet. where 22 feet is the maximum code- BERKERY # 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- provthg the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side vard setbacks will be less than 25 feet (bdth sides)} permitted; spector's March 4, 2009 Notice of Disap- 2) Accessory Poolhouse building: the proval concerning a proposed addition as-built construction is in a side -yard, ~nd aiterafions t6 the existing dwellh~g where the code permits a location in a with a setback at less than 100 feet from rear yard or front yard on this water- front parcel. 10.05 A.M. STANLEY and CHRIS. TiNE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-137~-33.L Requests for Variances under Section 280-17A(1) and Section 2780-15(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-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 squa[e 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 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 # 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 construct 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; ~ 1000-73-2-3.1. 10'.30 A.M. 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- p]icafion for a building permit to locate an accessory swimming pool structure in a front yard in part, rather than en- fire. l~ i~l a_r_ea[ yard a 95 S robson Road be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this [mildable lot area of 8,676.41 square feet ~vill exceed the code limitation of 20%. 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1), based on the Building In- the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE ~62.67. (Pending attendance by owner/ appgcaot). Request. for a Special Ex- ception in accordance with Code See- lion 280-13B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwellthg, with owner-occupancy, for the purpose of lodglgg (two gtlest bedrooms) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Petty's Drive, Orient, a/k/a as Lot 6 on the filed Map of Perry's Bight; CTM Parcel #100Q-14-2-24. D40 P.M. LEANN NEALZ #6274. 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 pomh addition to the existing dwelling, wh!ch construction will result in a rear yard setback at less than the code required mm[mum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Vigage Lane, Orient; The Board of Appeals will hear all p6rsons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. 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 not hesitate to contact our office at (63.1) 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 Loclition) 53095 Main Road (MailinR/USPS) i ~tA¥ 21 2000 Principal Clerk 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 th.e '['own Law and Town Code Chapter 280 (Zoning),Town of Southold. the followin[ nubile hearin~ will be geld by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town HaIL 53095 Main Road~ Box 1179, Southold, New York 1197]- 0959, on THURSDAY. MAY 28.2009: 9'.40 AM. DEBORAH SUTHER- LAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 280-13(m), based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart merit (without a pernrit). T~e 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 1, t~ _dayof~j/· 2009. ?;o O1 A:'~b!05060 on total (both) side yard setbacks, and at less than 75 feet from 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 g6272. Requests for Variances under Section 2g0-124, based on the Building Inspector's December 15, 2008 amended Notice of Disapproval concerning a proposed additiou 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 1000-118-6-7 (adjacent to Peconic 1984. or proof of occupancy prior to that Bay). date. Location of Property: 42205 Coun- 11'25 A.M. JOHN and KATHLEEN BERKERY g 6277. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 3%4 2. Requests for Variances under Sections 280-1115 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 will be less than 25 feet (both 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 on this buildable lot area of 8,676,41 square feet ~vill exceed the code limitation of ty Road 48 (a/k/a North Road, Middle oad), Southoid; CrM 1000-59-3-25.t. less than the code required minimum of 20%. 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1). based on the Building fa- spector's March 4. 2009 Notice of Disap- proval concerning a proposed addition hnd alterations to the ex~sfing dweii~ng with 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 Marion; CTM 1000-30-2-53. 1:15 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 bedrooms) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Perry's Drive. Orient, afk/a as Lot 6 on the filed Map of Petty'a Bight; CTM Parcel #100Q-14-2~24. 1:40 P.M. LEANN NEALZ #6274, Requests for Variances under Section 280-124~ based on the Building Inspec- tor's January 14, 2009 revised Notice ol Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minkaum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CFM 1000~18-5-8. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each gearing, and/or desiring to submit written statements before the conclusion of each hear- ing, Each gearing will not start earlier than designated above. Files are ava0- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do not gesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@ Town.Southold.ny. us. Dated: May 7, 2009. ZONING BOARD OP APPEALS GERARD P. GOEHR1NGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office LocAtion) 53095 Main Road (Mailing~SPS) P.O. Box 1179 Southaid, NY 11~71-0959 9297 1T 5/14 15 feet on this 58,519 square foot lot; c) the geight is proposed at 25 feet, where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-beilt 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- IINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;CTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section 2780-15(b)(c)(d), based on an application for a building permit and the Building Inspector's November 5, 201}8 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 lira tat on of 660 square 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 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 # 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 construct additions and altera- tions to the existing dwelling, which new construction will be [ess 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 A.M. KENNETH MARL- BOROUGH# 6279. Request for a Vari- ance under Sectiog 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- t re y n a rear yard. at 95 Strohson Road at Little Neck Road, Cutchogue; CTM 1(100-103-10-15. 11:00 A.M. VINCENT AND LAU- RA MANETT1 #6278. Requests for Variances under Sections 280-116-B and 280-122~ based on the Building Inspec- toffs November I9. 2008 Notice of Dis- approval concerning proposed additions and alterations to the existing single- family dwelling. The reasons stated for ~isapproving the building permit appli- :ation are that the new construction will :onstitute an increase in the degree of nonconformance on a sinele side yard. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 July 29, 2009 William Gorman North Fork Permits P. O. Box 1447 Mattituck, NY 11952 Re: ZBA #6280 - Luke Licalzi, Variance application Dear~man: Transmitted for your records is a copy of the Board's July 21, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want 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. Very truly yours, Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) COUNTY OF 5~FFOL~: (~ ~1 ~'o~erty Tox Service Agency *~ ~__DESKTOPJOE_MYBOOK H DIGITAL PAGE l -10/23/0815518 Pbl EXISTING STRUCTURE * SEASONAL POOL HOUSE * NOT FOR HABITATION * NO HEAT Poolhou58 Dlab Level C.O. ~xlstln~ Existing Bal;h room Dhower Dr;all I Vent; Thru Roof Ex~stmg Wet Bar 5Ink 11 Z~Tjr Trap _}%/To Approved Plumb,ng Riser Diagram Not: to scale ]2 Top of front knee wall G.5 +/- P.V. Top of 51ab Top of 51ab Existing Section Front Elevabon Scale: ~,/~l' = l l--OIl Existing Left 51de Elevation 5cafe; ]~4'l = II-OR (~ Ex~st:ng Right 5~de Elevation ~) Scale: ~" = ILO" f=XlStlng Rear Elevation 5'-4" 4L77/d' 51ab on Grade 4" ~hlck concrete on well compacted sub-grade Foundation Plan Scale: ~l' = ILOIl Plan View Scale: ~l' = I llO'l NYLIC. 031085-1 PA LIC. 9859-X NORTH KEY PL~ NO. DATE REVISIONS SCALE: AS NOTED Exist~g S~uc~re