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Home My WebLink About6223 APPEALS BOARD MEMBER~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 I EC IVED v FEB 3 2009 FINDINGS, DELIBERATIONS AND MEETING DATE: JANUARY 22, 2009~t,-t. r_/e~v~_~-..__ South old Town Clerk ZBA # 6223 - THOMAS and JOYCE MESSINA, Applicants Property Location: 1690 The Strand, East Marion CTM 1000-30-2-61 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 September 28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a waterfront lot of 26,230 square feet, of which 15,253 square feet is upland (buildable area) between the top of the bluff and the property line adjacent to the road. The property's eastern boundary is 347.64 feet, the western boundary is 355.52 feet, the southern boundary is 77 feet and the waterfront is 74.23 feet. This lot was part of the first clustered subdivision in the Town of Southold, and is improved with a single-family, two-story frame house with garage. The lot is well landscaped with bushes and trees. BASIS OF APPLICATION: This application is based on Code Section 280-116 A(1), cited in the building inspector's notice of disapproval amended September 2, 2008 concerning a proposed swimming pool and spa at less than 100 feet from the top of the bank or bluff on a lot adjacent to Long Island Sound and with lot coverage exceeding the code limitation of 20% on this buildable land area of 15,253 square feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 22, 2009, at which time written and oral evidence were presented. Based upon all testimony, Page 2 of 4 - January 22, 2009 ZBA File # 6223 - Thomas and Joyce Messina CTM 1000-30-2-61 documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicant proposes to build a 30 ft. by 20 ft. in-ground swimming pool at a maximum depth of 8 feet, and a 5 ft. x 5 ft. foot spa at 75 feet from the bluff, as shown on the January 7, 2009 site survey prepared by Howard M. Young, L.S. This will also increase the lot coverage to 22.2%, which exceeds the code limitation of 20% of the buildable lot. TOWN CODE CHAPTER 95, LWRP DETERMINATION: Based on the information provided by the LWRP Consistency Assessment Form and the application before the Board of Appeals, the LWRP Coordinator issues his recommendation dated October 2, 2008 that the proposed action is inconsistent from the LWRP review pursuant to Chapter 268 of the Southold Town Code. According to Chapter 280-116A which states: "(1) All building or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." It is recommended by the LWRP Coordinator that the Board require that the applicant amend the action and/or further the above policy to the greatest extent practicable. In order to comply with the Board's action of alternative relief noted below, and Chapter 268 of the Southold Town Code (LWRP), all backwash from the pool shall be placed in a dry well as landward as possible from the swimming pool. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Town Law ~267-b(3)(b)(1). An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby property because there are other swimming pools in the neighborhood. Also, the property is heavily landscaped for privacy both to the applicant and their neighbors. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue other than an area variance because the subject site provides no conforming location for a swimming pool or any other accessory structure. 3. Town Law ~267-b(3)(b)(3). The amount of alternative relief granted is not substantial. The area subject to this original request is 641 square feet, resulting in a 2.2% variance for the excess in lot coverage. The alternative relief reduces the square footage by 120 square feet, from 641 square feet to 521 square feet. Page 3 of 4- January 22, 2009 ZBA File # 6223 - Thomas and Joyce Messina CTM 1000-30-2-61 4. Town Law §267-b(3)(b)(4). The variance will not have an adverse effect, or impact, on the physical or environmental conditions in the neighborhood because the topography of the lot is generally fiat to gently sloping to the south. Therefore the potential for erosion to the bluff is minimized. All necessary erosion control measures will be implemented during the ongoing and post construction. All backwash from the pool shall be placed in a dry well as landward as possible from the swimming pool. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self created because setback requirements have been changed since the creation of the subdivision and recording of declaration of covenants and restrictions in 1975. The definition of lot coverage and buildable land has changed subsequent to construction of the existing building. 6. Town Law §267-b. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and spa, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Simon, and duly carried, to DENY the variance as applied for a 20 x 30 foot swimming pool with spa, and further to GRANT ALTERNATIVE RELIEF for a 16 x 30 foot swimming pool and spa, reducing the lot coverage by 120 square feet, and further increasing setback to a minimum of 79 feet measured to the top of the bluff, subject to the following: Condition 1: All pool equipment shall be enclosed in a soundproof enclosuro so as not to disturb neighbors, Condition 2: All heavy equipment should be kept to a minimum during construction of the 30 x 16 swimming pool and sp~, Condition 3: In order to comply with Chapter 268 of the Southold Town Code (LWRP) all backwash from the pool shall be placed in a dry well as landward as possible from the swimming pool. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 4 of 4 - January 22, 2009 ZBA File # 6223 - Thomas and Joyce Messina CTM 1000-30-2-61 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. This Resolu~tion was duly adopted (5-0). RUTH D. OLIVA, VICE CHAIRWOMAN 1/~-~/2009 Approved for Filing Office Location: Town Annex/First Floor, North Fork 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.north fork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 3, 2009 Thomas and Joyce Messina cio Roll M. Thorsen, Esq. 11 Ramapo Road Garnerville, NY 10928 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZBA # 6223 - Thomas and Joyce Messina Application Dear Mr. and Mrs. Messina and Ms. Mesiano.' Enclosed please find a copy of the Findings, Deliberations and Decision rendered by the Zoning Board of Appeals at its January 22, 2009 meeting. Before commencing eonstruction activities, other agency approval(s) would be necessary. Please contact the Building Department regarding the next step in the zoning review and building permit application process. Thank you. Very truly yours, Encl. Copy of Decision to: Building Department Linda Kowalski V Lot II~ % % N R=20.OO' L=~1.42' I INAL MAP REVIEWED BY ZBA SEE, DECISION # ~ ,~.~ Young & Young 400 Ostrander Avenue, Riverhead, New York ~0~ 63 ~-727-2303 Howard ~. Young, Land S~eyor Thom~ C. Wolpert, ~o~es~o~[ Engineer Robert C. T~t Architect Dougl~ E. Ad~, ~ofes~n~l Engineer LOT C. OVI~P.A~E TOTAL BUILDABLE AI~EA = 15,25~ ~. FT. ~XI~TIN~ 2nO 5TO~ ~OO~ DEO~ = ~2~ ~. ~T. TOTAL =2,1~ ¢~. FT. ~fO~E~ POOL ~ ~PA = ~4t ~. FT. = = 2.1% = 2.9% = I~.O~ = 4.2% TOTAL =~,~4 ~(~. ft. = 22.2% Jhh Ab :2C, IATEb, LLC, LOT II1' "HAP OF At E~e~ Morion, To~n of ~ou~hol~ ~uffolk Oount~, N¢~ ~ork Ooun~ Tox ~op District IOOO ~ctT~ ~O ~ LOT C.OV~I~.A~ ,!AN. '7, 2OO~ AI2Dt~D t:'~LIILDIN~ ~HIT DATA F~ POOL ~. 2, 2~1 FI~ ~ NOV. 14, 2~ PO~DATION LO~ATION ~LY 2% 2~ MAP ~PA~ ~B. 25, 2005 ~ NO. 2OO1-OBI1 ~. 20¢_~42_~_r5 N / / % ~ECTION TH~U Pf~OPO~ED 4' J~iOE TII~DER 'y , % k. Young & ~ou~g 400 Osgrander Avenue, t~iverhe~d, New York 631-727-2303 FA~T HA~.ION, NE!,N NO ~ ~S At~..~A = 26,2D0 ~C~. FT. ENE~INEER'~ 6B~.TIFIC. ATION 5Ut~.ME'r'oR'5 CEt~.TIFI~,ATION JLH A~:D~,IA'I~, LOT I1'/ "HAP OF PEBt~LE E~ACH FAP. Mg" At, Eae[ Marion, To~n of ~outhold ~u?~olk Goun~,~, N~ York HAP TO ~.~OPIPN~r' N.¥5~J~.G. PEEHIT APPLIGATION JAN. 2~, 200~ ~0~ Google Maps h~lp://rrmps.google.com/maps ? 11=4 I. 129647,-72.35870 l&z~l 9&t=h..- East Moriches, NY 11940 I of 1 1/7/2009 11:27 AM OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD N.Y. NOTICE OF DISAPPROVAL To: Catherine Mesiano for T Messina 12 Mill Pond Ln. E Moriches. NY 11940 Date: September 2, 2008 ?kase take notice that )-our proposed application dated, For permit for construction of an accessory inground swim pool & spa at LocaT,on of property 1690 The Strand, E. Marion NY County Tax Map No. 1000- Section 30 Block 2 Lot 61 Is returned herewith and disapproved on the following grounds: The :)ri, posed ~ngrotmd swimming pool & spa on this nonconforming parcel in the R40 distrii:t, is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All bnildings or structures located on lots adjacent to sounds and upon which there exists a bluf2 or bank landward of the shore or beach shall be set back not fewer than 100 feet t?om tine top of the bluff or bank." The proposed accessory is noted as being 75' from the top of the bluff. Furthermore. the re~q}fired lot cov.erage for this p. arcel is .20%. 2%. construcuon, the lot co,~erage will be 22. ?Autho~zed Signature ~ 88-~3-~8 &&:03 SOLr'rHOLD BUZL2ZN6 DEPT 263276595~ FRGE& TOWN OF SOUTHOI,D NOTICE OF DISAPPROVAL DATE: September 11, 2007 *AmenCed: JLH Associates 12 Mill Pond Ln. P, Moriehes, NY 11940 Please take notice thst your application dated Scptembcr 6, 2007 ~.._ For permit tbr construction of'an accessory inground $w~mming pool & spa at Location at'properL' 1690 The Strand, E. M~rion County Tax Map No. 1000 - Section 30 Block 2 Lot 61 Is re~'u~ned herewith and disapproved on the ibllowing grounds: The proposed inground swi~q,mlncr DOOi & SDli iH the R~-0 Zone is not nm'miRed p,ursuaflt zo Article XXII Section 2804 16A(D. wlxich, stmes: "All buildim!~ or structures located on lots adiacom to sounds ~nd u~n which ~here exists a bluffor bnu.k landward at' the ~hore or beach shnll be set back not fewer titan 100' I'rom the top of such bluff or The ~rovo~xl ~ccessorv is note<l as beine 75' from thc top of the bluff. Irurthermore~ the required lot coy~ra~c for tiffs parcel is ~0%, Upon completion ~f the ,construction the lot coverage will be Authorized Signature *Amended to include lot coverage overage. FORM NO. 3 NOTICE OF DISAPPROVAL Date: TO: Catherine Mesiano for JLH Associates 12 Mill Pond Ln. East Moriches, NY 11940 Please take notice that your application dated September 6, 2007 eptem~,~~ For permit for construction of an accessory inground swimming pool & spa at Location of property 1690 The Strand. E. Marion County Tax Map No. 1000 - Section 30 Block 2 Lot 61 Is returned herewith and disapproved on the following grounds: The proposed inground swimming pool & spa in the R40 district is not permitted pursuant to Article XXII Section 280~116 A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed accessory is noted as being 75' from the top of the bluff. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 Fee: $~)_ Filed By: ~_~ .'~'~ f~l.~lo/g~D~e Assigned/Assign ment No. Notes: ! APPLICATION TO THE SOUTHOLD TOWN BOARD Parcel Location: House No.1690 Street The Strand Hamlet East Marion SCTM I000 Section 30 Block 2__Lot(s) 6_~1 Lot Size 26t230 sq.ft Zone District R-40 I (WE) APPEAL THE WRITTEN DF~ERMI~ATION OF THE BUILDING INSPECTOR DATED: Seotember ~1,200~ Owner as Applicant: Thomas G. & Joyce I. Messina Mailing Address: CIO Rolf M. Thomen, Esq. 11 Ramapo Roadt Garnerville~ NY 10928 Telephone: Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Catherine Mesiano, Inc. Address: 12 Mill Pond Lane~ East Moriches, NY 11940 Telephone: 631-878-8951 or 631-553-3992 Fax:631-878-8951 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) _X Authorized Representative [] D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 9[6107 FOR: X Building Permit [] Certificate of Occupancy [] [] Pre-Certificate of Oecupaney [] Change of Use [] Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXII Section 280- 116 Subsection A(I) Type of Appeal. An Appeal is made for: _X A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. D Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] [] has X has not been made with respect to this property UNDER Appeal No. Year MessJna 1690 The Strand, East Madon SCTM # 1000-30-2-61 Page 2 of 3. Appeal Application Part A: AREA VARIANCE REASONS I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: o The proposed swimming pool is a use that is compatible with a residential zone. o The proposed setbacks, fencing and screening plantings are planned so as to complement the area and maintain the neighbors' vistas and privacy. o Similar relief has been granted in the area. 2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: o The subject site provides no conforming location for a swimming pool, or any other accessory structure, 3) The amount of relief requested is not substantial because: o The area subject to this request is 641 square feet. o A 2.2% variance is requested for the excess in lot coverage. 4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: o The proposed location preserves the vistas of the neighboring properties o All necessary erosion control measures will be implemented during and post- construction to minimize the potential for degradation to the bluff. o No encroachment into the Coastal Erosion Hazard Area is proposed. A 66' minimum setback to the CEHA is proposed. o The topography of the lot is generally fiat to gently sloping toward the south, therefore the potential for erosion to the bluff is minimized. (5) Has the variance been self-created? Yes, or (X) No. If not, is the construction existing, as built? ( )Yes (X) No o Setback requirements have changed since creation of the subdivision and recording of Declaration of Covenants and Restrictions in t 975. o The dermition of "lot coverage" and "buildable lands" has changed subsequent to construction of the existing dwelling. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: o The practical difficulties encountered in the development of this site have precluded the addition of any conforming accessory structures. After meeting the required front and bluff setbacks, no conforming buildable area exists on the site. o The C&R's state that the "owner of a waterfront Iot...shall not construct any part of the dwelling northerly of the approximate 100' bluff setback line shown on the filed map, unless approved by the Town of Southold." Clearly, at the time the map was approved, other improvements north of the dwelling were contemplated. The changes in the Town Code subsequent to the approval of this subdivision imposes a hardship on owners of lots created before the implementation of the LWRP and current setback and lot coverage requirements This is the MINIMUM that is necessary and adequate, and at the same..~?e preserves and protects the character of the neighborhood and the health, safety, and welfare of the commun/ffyff C~"~erine Mesiano,"l~s~ Sworn to before me this l~lay of September 2008. (Notary Public) 1690 The Strand, East Mar{on SCTM # 1000-30-2-61 APPLICANT'S PROJECT DESCRIPTIO (For ZBA Reference) Applicant: Thomas G. & Joyce I. Messina L For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: ebrua~t '13, 2008 II. New Construction Areas (New Dwelling or New Additions/Extensions): 20' x 30' I/G pool and 5' x 5'spa maximum depth 8' Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level Height (from finished ground to top of ridge):_ ls 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 extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: NIA Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: house: 2074 sq.ft.; decks:679 sq.ft. Total Existin.q: 2753 sq.ft 18% Proposed increase of building coverage: 641 sq.ft 4.2% Square footage of your lot: 26,230 sq.ft Percentage of coverage of your lot by building area: Existin~ 18% Proposed 22.2% V. Purpose of New Construction: Further use and enjoyment of the property; upqrade property consistent with other improved properties in the area VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Generally level with 1-2' increase in elevation some areas north of proposed pool/spa Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 ToWN ~)F SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20__ Approved ,20 Disapproved a/c fC~ ?¢/fL~/7 Expiration ,20 i~LDC DEP[ TOI'VN OF Sr'!'THO! O ,BUILDING P]~IIT APPLICATION CHECKLIST · ' Do youl~,¢e or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey PERMIT NO. Check Septic Form. N.Y.S.D.E.C. Trustees__ Storm-Water Assessment Form ntact: Mailto: ~. ~ &'5}o-~t~ I,'Oc- · Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on p[emises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a pemfit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or flame, if a corporation) (Mailing address oi'applicant) (7 ' State whether applicant is owner, lessee, agen~t, architect, engineer, general contractor, electrician, plumber or builder Name ofowner ofpremises --,c,,, ,, - t~ ~x..;' '...~;~ JLH ¢q~5o(~ (As on the tax roll or latest deed) If applicant is a corpo~.t, ion, signature,o,f 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: qo 7%¢ House Number Street Hamlet County Tax Map No. 1000 Section. ~o__ B~[~;I~7 T ' Subdivision.¢,~,.o 042 {)~bl¢ (Name) Lot q / Lot / / ? 2. State existing use and occupan~l~f premises and'intend~ed use and occu~cy of proposed a. Existinguseandoccupancy ~r ~.~/e ,~.~', ]~, c]o_..~/[i .,x~ construction: b. Intended use and occupancy ~ o~ ,m. ~/ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost /~,~?-o~ ,[5. ooc, Fee 5. If dwelling, number of dwelling units If garage, number of cars ~4ro~-,~d .pool Addition Alteration OtherWork 0x~r~/-,-o~P ~/~ ~0ao/ (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front 5 0 ' Rear Depth 5~ Height Number of Stories Dimensions of same structure with alterations or additions: Front -- ~t (~_ Rear Depth -~ Height_ Number of Stories ,,: 8. Dimensions of entire new construction: Front ~ ~ ~, Rear Height Number of Stories 9. Size of lot: Front ~ '7' Rear ~ -7 _5 ' .Depth _Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated t~ - ~( 0 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES NO x Will excess fill be removed from premises? YES__ 14. Names ofOwnerofpremises O. ~4o~c, Ao Address ~o-~ 1%2~ _qw, r,,~phoneNo. Name of Architect Address Phone No Name of Contractor Address Phone No. NO 15 a. Is this propexty within 100 feet of a tidal wetland or a freshwater wetland? *YES x NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES x NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. (~':r') 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions.with respect to this property? * YES f NO__ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ¢ o~F4~/~ ) (q(EX ~ ~,~.d ~Q e' _s./o_~ ~. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ogff e~ (Contractor, A~gent, Corporate Officer, etc.) of said owner or owner~ and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me tiffs (.g ~k~ ' day of~2007. Z/ ~,~.~,¢z~ "-" / ' ~ ' ~'~~/' ' ' ' ' N~t~ ~lic No 52~62411~ Si~at~e of Applic~t QU~FIED IN ~FFOLK~UN ~ , ~MMI~ION ~1~8 NOV ~, 20~ Februa~ 13,2008 Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Thomas G. & Joyce I. Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 Dear Mr. Goehringer: I am the agent for the above referenced applicants who are seeking relief from Article XXII Section 280-116-A (1) of the Zoning Code for construction of an in-ground pool and spa <100' from the bluff. There is no conforming location on the site within which to site the pool. Enclosed please find 8 sets of the following: 1. Building permit application dated 9/6/07 and Notice of Disapproval dated 9/11/07 2. Notice of Disapproval amende~~--~ 7_,, ?_- o ~ 3. Application. 4. Owner's consent 5. Z.B.A. Questionnaire. 6. Project description. 7. LWRP Consistency Assessment Form ,,~ Transactional Disclosure Form. (/' 9.~Assessor's property card. ~ 0. Survey 11. Subdivision map and Covenants & Restrictions Also enclosed is my check in the amount of $400 for the application fee. We respectfully request that this matter be scheduled for the earliest available hearing date. Should you require any additional information, please do not hesitate to contact me. Enclosures 1690 The Strand, East Marion SCTM # 1000-30-2-61 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLI CA~ A Is the subject premises listed on the real estate market for B. Are there any proposals to change or alter land contours? { } Yes {X } No l) Are there any areas which contain sand or wetland grasses? NO 2) Are these areas shown on the map submitted with_this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? NO 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." NONE Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. NIA G. Do you or any co-owner also own other land close to this parcel? NO If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel. SINGLE FAMILY DWELLING and proposed use SAME~ WITH POOL Date: February 13, 2008 Messina (Hurtado) 1690 The Strand, East Madon SCTM # 1000-30-2-61 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to 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 Permit and other ministerial permits not located within the Coastal Erosion Hazard 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor acfion list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. Messina (Hurtado) 1690 The Strand, East Marion SCTM # 1900-30-2-61 B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 30 2 61 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X ZBA 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit~ approval~ license~ certification: Nature and extent of action: CONSTRUCTION OF 20' X 30' IlO POOL AND 5' X 5'SPA Messina 1690 The Strand, East Marion SCTM # 1000-30-2-61 Location of action 1690 The Strand, East Marion Site acreage: .602 A Present land use: SINGLE FAMILY DWELLING Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: THOMAS G. & JOYCE I. MESSINA (b) Mailing address:cio Rolf M. Thorsen~ Esq. t I Ramapo Road~ Garnentille~ NY 10928 (c) Telephone number: 845-942-4200 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSDEC (non-lurisdictional) 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. Yes No Not Applicable Construction ora pool at this site is proposed in a manner consistent with relief granted under similar conditions. The C&R's state that the "owner of a waterfront Iot...shall not construct any part of the dwelling northerly of the approximate 100' bluff setback line shown on the filed map, unless approved by the Town of Southold." Clearly, at the time the map was approved, other improvements north of the dwelling were contemplated, and not prohibited. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or distrfcts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See Lwm, S~ction m-Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 3 has no relevance to construction of the proposed pool~spa. Messina (Hurtado) 1690 The Strand, East Marion SCTM # 1000-30-2-61 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and e Yes No Not Applicable The applicant realizes the importance of maintaining the integrity of the bluff and preventinq any condition, that may pose a threat to the bluff. The proposed pool will be des~qned and constructed in accordance accepted engineering practices relevant to the site conditions. Further, the recommendations made by the Suffolk County Soil & Water Conservation District will be implemented in conjunction with the pool/spa construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. Yes No Not Applicable The subject site is developed with a single family dwelling. Policy 5 has no relevance to construction of the proposed pool/spa. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Yes No Not Applicable The sub/ect site is developed with a single family dwelling. Policy 6 has no relevance to construction of the proposed pool/spa. Policy 7. Protect and improve air quality in the Town of Southold. Yes No Not Applicable It does not appear that Policy 7 is relevant to construction of the proposed pool/spa. Policy 8. Minimize environmental degradation in Town of $outhold from solid waste and hazardous substances and wastes. Yes No Not Applicable The proposed pool/spa will be constructed with drywells to provide for containment of any backwash material that may result from its operation and maintenance. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Yes No Not Applicable Construction of the proposed pool/spa will have no impact on public access to, and recreational use of, coastal waters, etc. Messina (Hurtado) 1690 The Strand, East Marion SCTM # 1000-30-2-61 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section m - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to construction of the proposed pool~spa on a residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section m - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 11 is relevant to construction of the proposed pool~spa on a residentially developed lot. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to construction of the proposed pool~spa on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to construction of the proposed pool/spa on a residentially developed lot. APPLICANT TRANSACTIONAL DISCLOSURE FORM 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. NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map. Other (If "Other," name the activity) Wetlands permit Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns ~o of the shares. YES NO If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 noncorporate 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 th~d~ of Signature "--~/,~-~- Print name '~.omas Hess±ha 2008 APPLICANT TRANSACTIONAL DISCLOSURE FORM 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. NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat. Exemption from plat or official map Other (If "Other," name the activity) Wetlands permit Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO / If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 noncorporate 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 _~z~_ d?gf ~ Signature Print name Jo¥ce Tsabel]_a Mess±ha 2008 Messina 1690 The Strand, East Madon SCTM # 1000~30-2-61 APPLICANT TRANSACTIONAL DISCLOSURE FORM 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 informat on. which can a ert the town of poss b e conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Catherine Mesiano NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity). Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interesf' means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 noncorporate 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 ~~~__~_ 2008 Signature Print name ~athedne Mesiano DECLA~T ION MADE this 14th day of May, 1975, Pebble Beach Realty, Inc., a domestic corporation of the State of New york having it's principal place of business at 301 Clay Pitts Road, East Northport. New York J. 1731, herelnafter cal±ed the Declarant: WI{ERE. AS, the De~lara~t is the owne~ in fee simple of a certain parc81 of lan~ situate at ~st Marion, ~own of Southold, County of suffolk snd State of Ne%4 York, D~in~ the premises described ~n~deed dated October 31, 1972 made by Arthur L. R. Francisco and ~elm~n T. Fr~cisco to pebble Beach Real~y, Inc. recorded in the S~ffolk county Clerk's (}ftice on November 30, 1972 in L~ber 7~79 ~t page 489, n metes ~d bourds descri~.tion of which is sho~n% on Schedul~ A as attacn~d hereto ~nd mad~ a pa~t hereof~ and referred to here~n as the "premises". WHEREAS, %he Declarant intends to subdivide sakd premises for residential purposes ~3%d desires to ~ubject said premi~ec to certain conditions, covenants and restrictions. NOW T}~REFOBE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby h~ld and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchase~ of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the ~ovenants, conditions and restrictions hereinafter set forth. 1. The words "Subdivision", "Subdivision Map" or "Map' when used herein is intended to mean the subdivision map of the premises entitled "Map of Pebble Beach Farms, Bast Marion, Town of Southold, Suffolk County, New York" heretofore approved by the Southold ToWn Planning Board and filed or about to be filed in the Suffolk County Clerk's office. 2. The words "lot" or "lots" when used herein mean the separate numbered parcels of land as shown on the subdivision map. 3. The word "street" when used herein means the streets or roads as shown on the subdivision map. 4. The word "open space" when used herein means the separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, corporation or partnership owning all or a portion of the premises shown on the subdivision map. ARTICLE II: The followin~ Covenants and Restrictions applying to the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer: 1. No dwelling shall be erected having less than 1000 square feet of interior living area on the ground floor. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each d~elling shall have an attached garage with an asphalt or bluestone driveway extending therefromI to the street p~vement line. Each dwelling shall have a gable, hip, or pitched roof. NO flat roofs shall be constructed. 2. No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. NO more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. -2- 6. NO fences, either natural or man made, shall he erected or maintained on any lot in excess of four (4) feet in height except that this limitation may be exceeded if required by the zoning ordinance of the Town of $outhold in connection with the construction of a swimming pool or similiar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by extending the rear line of each house to each side line of the plot. Each corner lot shall for these purposes be considered to have it's front yard on the street of the longest dimension. 7. NO title in and to the bed of the road is to be conveyed to the lot purchasers. The grantor retains the said title a~d the righ% to dedicate and convey the said title to the Town of Southold or to a lot owners' association, which associa- tion is as hereinafter provided. However, the land in the bed of the streets shown on said map shall be subject to easements to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide service for the lot owners, whether installed on the surface of, or above or below the ground. 8. No nuisance nor noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall any accumulation of rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- eloper signs which comply with the Southold Town sign ordinance. A lot owner may maintain a "for sale", "for rent", or "pro- fessional office" sign on his lot not larger than 12" x 24". 9. No sand, earth or sod shall be removed from the premises! or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. After -3- construction, lawn and landscaping shall be installed and maintained thereafter in an attractive manner. An owner of a water front lot facing on the Long Island Sound shall not construct any part of the dwelling northerly of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. ll. The individual lot owner shall be responsible for, and repair or cause to be repaired, a_ny damage to the paved and drainage swale areas of the road in front of his lot, which may be caused by the operation of .vehicles or machinery during construction or otherwise. 12. The use of each lot shall be limited to one family residential use. ARTICLE III- OPEN SPACE It is the intention of the Declarant that the premises are to be subdivided and developed as a cluster type development in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open spaces on the subdivision map, to wit: Unless authorized by the Southold Town Board, 1. NO structures shall be erected or placed in or on any open space. 2. NO sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be deposited thereon. 3. No trees, or other vegetation shall be removed from any open space except dead, diseased or decayed trees, or such -4- other removal of vegetation as may be required for the proper natural preservation thereof. 4. Subject to the foregoing provisions of this Article III, open space areas "A", "B", "C", and "D" shall be used solely for agricultural, recreational use of lot owners and their guests, and surface water drainage i~/rposes, except that open space area "D" may also be used by the Village of Greenport for the purpose of installing wells therein, and ~umping facilities thereon for it's public water supply system, provided that the plans therefor and the manner of construction thereof are approved by the Southold Town Board. 5. Open space area "E" shall be used solely as a bathing beach and related U~es by the lot owners and their guests. 6. Open space area "F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant~ or its successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. 8. It is the intention of this Article III to restrict the open spaces A to , inclusive, for the use, benefit and enjoyment of lot owners, and therefor the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintain the same at it's expense, for such p~rposes. Declarant further covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision, 9. Declarant covenants and agrees that at or before fifty per cent (5~) of the lots have been conveyed by it, that it will, at it's own Cost and expense, establish a not-for-profit corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and -5- within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to said open spaces A to , inclusive, together with any and all private streets shown on said subdivision map and any and all areas shown on said subdivision map for future highway dedication. 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 11. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 12. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (h) That every lot owner shall be subject to a proper- tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of t~%e association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the maintenance and improvement of it's property a~d to secure the same by a lien on it's property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all changes due the association; that all -6- such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay ali taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protecfion of it's property and members. (h) That the association shall use, operate, and maintain ail of it's streets, bathing beaches and other property owned by it in a safe and proper manner and in accordance with the laws, rules and regulations, order and directions of the TOWn of Southold and other governmental agencies having jurisdiction thereof. (i) That the duration of the association shall be perpetual. 13. That ali of the covenants, conditions and restrictions contained in this Article III shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, it's successors and assigns, their successors and assigns, and the ToWn of Southold, and it's successors and assigns. ARTICLE IV - STREETS 1. Declarant covenants and agrees to construct and main- tain at it's expense, during it's ownership thereof, all streets, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction -7- of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the subdivision map is to be conveyed or intended to be conveyed to the owner of any lot and the Declarant, and it's successors and assigns reserve the fee of all land lying in the bed of any and all such streets, and further reserves the right to convey to any municipal authority, or to the association, all of it's rights, title and interest in and to any part or all of such streets, should the Declarant, or it's successors and assigns at any time deem it expedient.to do so. 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the $outhold Town Plan~ing Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within~ the subdivision and that it is imperative that the unpaved portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense make such repairs thereto as may be directed by said Board. No lot o~ner shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. 4. Declarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance with the recluiremants of the TOwn of Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5. The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe and proper condition. -8- PEBBLE BEACH REALTY, INC., by: STATE OF NEW YORK, COUNTY OF SUFFOLK: ss On the /~day of May, 1975, before me personally came JOSEPH J. DONOVAI% to me known, who, being by me duly sworn, did depose and say that he resides at 71 Home Street, Malvern, New York 11565; that he is the president of Pebble Beach Realty, Inc. the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation; that the seal affixed to said.instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. M~ber .~er tvo (~) ~ara £ollow~ th~, to the sale of ~e ~izlt lo~ vithLn Lhe~et o the 'Unless declaration any non-profit corporation, PLAN --OR B~,~CH F~[EMS ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE 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 September 16, 2008 Zoning Appeal No. 6223 Transmitted herewith is Zoning Appeals No. 6223 of Thomas G. & Jo¥ce I Messina- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Transactional Disclosure Form (3 forms), Cover Letter from Catherine Mesiano, Inc. Listing items that were sent Dated February 13, 2008 Amended 9/l 1/08, 9 Pages of Declaration of Property Dated May, 1975, 4 Pages of Amendment of Declaration of Property Dated September, 1975, Site Plan for Pebble Beach Farms Dated July 17, 1974 Prepared by Young & Young Land Surveyors, Copy of Building Permit With Disapproval Dated 9/11/07, Notice of Disapproval from Building Department Dated September 11, 2007, Notice of Disapproval from Building Department Amended January 14, 2008, Notice of Disapproval from Building Department Dated September 2, 2008, Copy of Survey Showing Existing & Proposed Construction of Property Dated January 7, 2008. eTown of Southold P.O Box 1179 Southold, NY 11971 Date: 09/15/08 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt: 28850 Reference Subtotal 6223 $600.00 Check#: 1099 Total Paid: $600.00 Name: Mesiano, Catherine 12 Mill Pond Lane East Moriches, NY 11940 Clerk ID: CAROLH Internal ID: 6223 OFIqCE LOCATION: Town Han Annex ain Rd. & Youngs Ave.) Southold, NY LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF $OUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 ro~ From: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~)~:~ LWRP Coordinator Date: October 2, 2008 Re~ Coastal Consistency Review ZBA# 6223 (Messina) SCTM# 1000-30-2-61 The proposed action which has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. The distance from the proposed inground swimming pool and spa to the top of bluff is 75 feet; a minimum separation distance of 100 feet is required pursuant to Chapter § 280-116 A which states: (0 All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than lOO feet from the top of such bluff or bank. It is recommended that the Board require that the applicant amend the action to meet and/or further the above policy to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney OCT - 2 2008 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIV~.2 Septeznber 22, 2008 -RECEJgE '- SEP 2 9 2008 ZONING BOARD OF APP;J.A_LS_ THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suflblk County Planning Cormnission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-conununity impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Jacobs & Gates Q~/6206 Larocca ~/6208 ,x/,/ Pezzino _ Terzis Ma~on ~6216 Friema~ 'M6217 Geitz ~6218 Gama Deer Park h~c. ~6219 ~ Franeker kvestments, hxc. /6220 Kaplan ~221 ~lis v6222Y Messma Rom~elli Realty Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H, LEE DENNISON BLDG. 4TH FLOOR P.O. BOX 6100 (631) 853 5791 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853~4044 Office Location: Town Annex/First Hoor, North Fork 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 9, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6223 (MESSINA) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in E. Marion, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 12, 2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6223 Action Requested: Within 500 feet of: Owner/Applicant: MESSINA Bluff setback and Lot coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · 1ZO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Yoangs Avenue) Southold, NY 1197I September 12, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6223 (MESSINA) Dear Mark: We have received an application for construction of an accessory in ground swimming pool and spa, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of THOMAS & JOYCE I. MESSINA (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000-30 -2 - 61 COUNTY OF SUFFOLK) STATE OF NEW YORK) CATHERINE MESIANO residing at 12 MILL POND LANE EAST MORICHE$ , New York, being duly sworn, depose and say that: On the 28th day of DECEMBER ,200 S. I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,/~i~aring dat. e wa~.o .~ to .be~ (Signature) Sworn to before me this ~'}'f'q day of ~'~Et~, , 20C9. (Notary Public) ANNE W. HiLL Notary .P, ublic, State of New York I~o. 0]HI6103497 Qualified in Suffo k County Commission Expires Dec. 29,20~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of Thomas & Joyce Messina ~6223 1690 The Strand, East Marion AFFIDAVIT OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CATHERINE MESIANO, residing at 12 MILL POND LANE, EAST MORICHES, NY being duly sworn, depose and say that: On the 22nd day December 2008, I personally mailed at the United States Post Office in East MORICHES, NY, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors of the Town of Southold for every property which abuts and is across a public or private street or vehicular right-of-way of record, surrounding the applicant's property. CATHERINE MESIANO Sworn to before me this _~_.~day of "~c ~a/2008. Notary Public ANNE W. HILL Notaly .P. ublic, State of New York no. 01HI6103497 Qualified in Suffolk County . Commission Expires Dec. 29, 2~ MESSINA #6223 1/8/09 1690 The Strand, East Marion Postage ~.42 $2.?0 $2.20 $0.00 $5.32 Michael & Mary A. Polcino 55 Garner Lane Bay Shore, NY 11706 1000-30-2-60 Michael & Mary A. Polcino 55 Garner Lane Bay Shore, NY 11706 1000-30-2-60 ~ LII%E NE(]( NY II~3 1610 The Strand Corp. rn 38-70 Douglaston Parkway r,- Douglaston, NY 11363 ~ 1000-30-2-~4 1645 The Strand LLC 14-20 159 Street Beechhurst, NY 11357 1000-30-2-62 Pebble Beach Farms, LLC 14-20 159 Street Beechhurst, NY 11357 1000-30.2.59 Postmark Here 12/22/2008 Postage $ Cedified Fee Return Receipt Fee {Endorsement Required) $2.20 Restricted Delivery Fee {Endorsement Reduired} $0.00 1610 The Strand Corp. 38-70 Douglaston Parkway 0t Postmark Here 121221200~ 1000-30-2-64 ~HITEST(]~ENY 1135) Postage $ ~0.42 Certified Fee $2.70 Return Receipt Fee {Endorsement Required) $2.20 Restricted Deliver/Fee (Endorsement Required) $0,00 Tot .............. (~ $5.32 1645 The Strand LLC 14-20 159 Street 1000-30-2-62 0~0 01 212212008 P~stage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Oelivery Fee (Endorsement Required) O~o~r~ Here ~' LLC Pebble Beach Farms, 14~20 159 Street Beechhurst, NY 11357 1000-30-2-59 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesiano~optonline.net December 22, 2008 Re: Thomas & Joyce Messina #6223 1690 The Strand, East Marion Dear Sir or Madam: I am the agent for the above referenced applicant who is requesting a variance from the Southold Town Board of Appeals. Enclosed please find a copy of the Legal Notice and plan describing the nature of the request. Should you have any questions or comments, I can be reached 631-878-8951 during regular business hours. Very truly yours, Catherine Mesiano President Enclosures Office Location: Town Annex/Fa-st 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2009 PUBLIC HEARING Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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, JANUARY 8, 2009: 1:30 P.M. THOMAS G. and JOYCE I. MESSINA # 6223. Request for Variances under Section 280-116A(1), based on the Building Inspector's September 2, 2008 Notice of Disapproval concerning a proposed accessory swimming pool and spa at less than 100 feet from the top of the bank or bluff on a lot adjacent to the Long Island Sound and with lot coverage exceeding the code limitation of 20% on this buildable land area of 15,253 square feet, at 1690 The Strand, East Marion; CTM 30-2-61. 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: December 10, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 t'- CAeHERINE MESIANO, I 12 Mill Pond Lane East Moriches, NY 11940 Phone/Fax: 631 -878-89§1 e-mail: cmesiano@optonline.net TO: ZONING BOARD OF APPEALS FROM: Catherine Mesiano SUBJECT: Thomas & Joyce Messina #6223 DATE: 12/22/2008 Linda Enclosed please find-the white Certified Mail Receipts for the above referenced application together with the Notice as sent and the Affidavit of Mailing. Thanks. Cathy Mesiano ;omplete items 1, 2, and 3. Also complet~ tam 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: Michael & Mary A. Polcino 55 Garner Lane Bay Shore, NY 11706 1000-30-2-60 2. A~tlcleNumber 7001 2510 (Transfer ~ sen4ce ~ A. Signat T~./ [] Agent X~r~" (' q ' [] Add,~ssee B. Received by ( Printed Name) C. [~ ~.~D~ D. Is delivery address different from item 1 ? [] Yes If YES, enter delive~ address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Rstum Receipt for Merchandise 4. [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [] Yes 0004 1873 1354 · Complete items 1,2, and 3. Also complete Item 4 It Restricted'Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if sbaco permits. 1. Article Addressed to: 1610 The b-'trend Corp. 38-70 Douglaston Parkway Douglaston, NY 11363 1000-30-2-64 2. Article Number (T~ns~- fro,,~ ~,~.c./~) 7001 2510 C. Date of Dellve~ 0004 1873 1811 PS Form 3811, February 2004 Domestic Return R~ceipt · Complete items 1, 2, and 3. Nco c(~mplete 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. Articie Addressed to: Pebble Beach Farms, LLC 14-20 159 Street Beechhurst, NY 11357 1000-30-2-59 2. Axtlcle Number ~ ~rmee~ ~om ~?vlc~ ~ 7001 2510 [] Yes [] No 3. Service Type r'l Certified ~tai~ [] Express Mall [] Registered [] Retum Receipt for Merchandise 4. [] Insured Mait [] C.O.D. Restricted Daiive~/? (Extra F~e) [] Yes 0004 1873 1798 PS Form 3811, February 2004 Domestic Return R~ceipt · Complete items 1, 2, and 3. Also complete Item 4 if Rest~ctsd 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 frorit if space permits. 1645 The Strand LLC 14-20 159 Street Beechhurst, NY 11357 y(PrintedNarne) C. Date of Delivery D. Is deliv~7 a [] Yes r-i No 1000-30-2-62 2. Article Number ~se? ?~,,~,-v~ ~ 7001 r i PS Form 381 1, Febma~ 20~ i-1 Registered [] Return Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) [] Yes 2510 0004 1873 1804 Domestic Return Receipt 10259~02-M-1540 TO: FROM: SUBJECT: CRHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 E-MAIL: CMESlANO@OPTONLINE.NET ZONING BOARD OF APPEALS Catherine Mesiano Thomas & Joyce Messina #6223 DATE: 12/1/2008 Linda Enclosed please find the green Return Receipts I've received to date for the above referenced application. Thanks. Cathy Mesiano ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nozthfork.net December10,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 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 December 22nd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a writte. statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than December 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 29th: 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 stre'.et or roadway, an extra sign is available for the additional front yard. Please deliver or mail yourAffidavit of Posting for receipt by us by January 5, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5:3095 Main Road, Southold: NAME MESSINA, T. & J. #6223 MAP # 30-2-61 VARIANCE BLUFF STBK & LOT COVERAGE REQUEST ACCY. INGROUND POOL & SPA DATE: THURS, JAN. 8, 2009, 1:30 PM 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 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:llsoutholdtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: REFERENCE:: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............. NOTES/COMMENTS: Please fi-nd attached copy/copies of the followit~. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197l 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, JANUARY 8, 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~ JANUARY 8~ 2009: 1:30 P.M. THOMAS G. and JOYCE I. MESSlNA # 6223. Request for Variances under Section 280-116A(1), based on the Building Inspector's September 2, 2008 Notice of Disapproval concerning a proposed accessory swimming pool and spa at less than 100 feet from the top of the bank or bluff on a lot adjacent to the Long Island Sound and with lot coverage exceeding the code limitation of 20% on this buildable land area of 15,253 square feet, at 1690 The Strand, East Marion; CTM 30-2-61. 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: December 10, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 .~L~ #9137 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southo d, 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 _18thday of December, 2008. -- Principal Clerk '1 Cday of Sworn to before me this of on the Building Notice of DisapprgYal concerrang a proposed secon~:~mry addJfiontmld~ al. ~ terati~ns t6 the e~isth~g dwellin~,~[tl~a- se back of less than t~e code-requked 4: tkan 35 ft. m~imum rear yard setba~- '9:40 A.M:~THONY- and BARBA. ~peeial Excepti~' under ZonMg Code Section 280-13B for approval-of an as- built Accessow.Apar~ent with omer- Hotbrook' 9:55 A,M; ~ces 'under based up~h ~ applicad& ~0i a b~l~i~g permit and th~Build~g I~pector'~ S¢¢- ~'~ ' 2008. NOTARY PUBLIC-$TATg OF NEW YORK NO. O1-V06105050 ~u~ai~i~ m '~u~tolk County ~:10 A~. DIANE MULVAN~y 1:15 EM. 2~0 gROADWAT~ u~ ~;{~r a,v~qe under Se¢~on ~ ~.¢~:~. ~:;~ ,'~*~ ... ~¢.2 o¢%~¢- loMme change and ~e B"/~n ...... , g~sea o¢ ag~[dmg Ifispector's tor's Notice o f Si~n~¢~i ~kh ~utpec- ~ay ~¢.¢008.Netic¢ ~YD~'~p~rev~ · . : ~ ~c~2.d,at. setback'mt, ess' ~Maron~ewhch otc; h ......... . 1 ¢4,1~ square ~et 030,~8 square~et, Broadw}~ '~&' ~g~.Y 2000 .5h¢ tot ~ill b~come mgre ¢enfomfin ' r ~ t t~ 12,~86 square feet on ~e B~da3,g ~pe~or's September 2 6241: Request for Variances Unde~ Sec- nroBosed a pp . 1 ?n~rnmg ~pecm~'s Odober 17 ~m8 No~2~ ~2~: ?a.at tes~ t~ ~efeet, ~om m iop o*- ..... ~ ~.~zs- me *ank or blu~ on a lot adiacent to mg +/. ,3~ acre;lotrat 4050 ~m¢?M~e~ ,, }'50 rEM7 ~2~X~ ~aRoad, Mat ~uck';~i23'q~n- ' .~' ' ' : '~ YATRA~{~ u.*~ ~.~,. ~UNALD ~ ~6233 tions 280-15C and 280-116Afl~e~ Request for a Variance under Section 280-124 based on the Building Inspec- tor's August 25, 2008 Notice of Disap- proval concernm~ an as built ~utdoor dwelling which is ]ess man 10 feet on a single side yard, less than 15 feet on the opposite side yard, resaldng itt less than 25 feet for a total of botf side yards, al on me Bunding Inspector's October 8. 2008 Notice of Disapproval concerning a proposed dwelling, swlmmhxg pool, trellis and accessor3 garage. The rea- sons stated foz disapproving the building penmt application are t ) the pronosed [ocations~ef the trellks to be added ~o the house; and accessory swimming pool. are no~ permitted at tess than 100 feet from [185 Bungalow Lane, Mattituck; CTM the top of the bluff or bank On lots adja- .1~1 ~ 16 .' ce~t to the L,I. Sound; (2~',the in-ground ~W1T~6~'~^~ ,sw,mn~nngpoolsalso roposed in aside ~uest~oS~xU~?lff~l_d, CTivI~0q?~?-14 Re- tot, or code-perm tted'rear:yard (3)new .~ ,.~ ~a~l,mces on mt~ ~q,~18 square . construct on'is p[op~ed tlr ess fi~n ..... ,~ l~^~oz~,-l~.~& :¢:°dec:~?Se~t~0n~ code-r, eqmred minim~ of 15 feet ~n Disapproval concerning a pergola fence height, swimming pool. and as-bulll ca~ port structure, for the reasons th ii 1 me proposed pergola to be added to the dwelling structure is nc permitted because such aoolhons/alterarl i1 WllI COrlStltUle t8 lacrcase in the degree of Don¢onh finance nonconformin~ rear yard setback and front yard setback, sec ZBA #3255 of August 14 [984; (2) the fence is not allowred as pei Condl0ons under ZBA g3950 dared j ~ 11, 19~0 which states: the fence and any screemng shall not exceed 4 ft. 6 in. in height in front yard areas above grade, thc area beginning at a point of 30 feet Drive shall rummn open and un-vcge 2:10 EM. HENRY TRAFN~ BARBARA t'ADWALLADFR. Lo :anor x Plovertv: South Side ot Main Road NYS Route 2~1. East Man, Bmldalg Inspector's lan'uary 3(I. 2008 Notice or E sapproval, amended July 23. i00 26 I.renumbt.red 280-9 and 280 10)~ under Section 280-124,': based ~6~7 th8 ,Bu~ldin~ I~specto~ J~uary:3o ~2008 :Neti~ 6 f Disapprogal;,amea~ded :Jaly 25; m~um Of 35 feet for 2~8 concernh~g a proposed.sNgle-fami- ~ r~ar yard setback and which exceeds ly dwelling (after demolition of an e~t- the code-max~um li~tatiou 0f ~0% lng ~uilding)w[th a P[pposed ~gle side [~t ~¢ef~gd;~iX60~Jd S~i~y~d Late; y~a at less ~han the e0de required mi¢i- Souihold;~M64-¢-3d. - :mum of 10 feet;lead.ban th~requked ~ JL0O: EM.. NDR~W nd I ~ comb~ed side yar~ of ¢5 ceef, a~d tess B~ G~EN~ ~623~; 'Kcq¢e~t/:~ th~ 35 feet from the ff0nt yard !0~ line, ~V~i~8dS%hae¢*Gdde S~ct bns: 2~ 12. at- ~3000 Main,Road; East Mari0n; CTM afia.~;3,3C2.a,~b~d od ~e BulldOg 31444L hs~}~ ~Jffnff30~2O08 N6iic~.~f D s- , ~e-Beard of Appea g wm ~e~ all 'fip¢r~&~Lbnce~ingak~pfication f0r~ persons, or (heb ro~resehiafige~?a~s~ hua~ t6 alter the u~ o~ an ~? i~¢ to;be ~9 at e~Eh::hear~g, ~nwor ~ cess~Bui!¢ifig (sec0nd floer)~rom an <desiring to ~uhmit;~tten s[otements &C~sSO~ use ~s a g~age (0 th& 0waer~s ~dfore the 8~nbla¢ on ho~ 0*eupation 3ffice}~i~; fdll bath. Each hearing: Wilt: ro~ft~r re~eyal o f tile as~bflilt Mtch- des[gfiat~d a~eve)Eil¢~ fi3e a~hila~l~ for 'eh a~d C06king areas, instead bfa home rgview durifig regu[~': hush'is h0Um office tarried on in the ma~ building, m~d~v2~l~;d¢)of~¢hearing~lfyeu Principal Clerk Sworn to before me this 1 day of ' 2oo8. NOTARY PUBLIC-$TA¥f OF NEW YORK N& 01.VO6105060 ~ii~a m '~OIk County ~V Commission ~ ~t~g~Y 28, 2012 NOTic~ IS H~REB¥ GIVEN~:p~f:' suantto .~ ont ~ropo~ed setbac~ of less than the ~t~ m~nimum s~n~e side segback. than 35~ft. ~am rear yard set~ac~;~L 100Gi1~-9:5.2. 3,; ;;~:40 ~.M~ X~THONY~ and BARBA, RA BONA~RX ~608! ~ec a EXc~pti0n hndgr Zoning s~ctinn 280-DB for appr6~i. ~E ~0O~S ~36~eque~or ~ces~'under basea u~dfi hn aPp icat~dfi ~b3 a b~iidh~ ta~beV 22 2008 Nofi~ 6f DisapproVal 0~- ne change a~ike Bd Id ng Inspec: May t2~t008 N,qtic6 8f~appi~)v~ Con4 for s Notme of D~appro~M~onc~m~g 0 - ~ Mari6n L~e;WM~ 1~ ~11 become , 35 feet ~0~ ' less ~nfor~ ~ f~Oudh~ [{?~e from mo ~h~g ~ ~g?fi~dhg~ ~h lot will bePome more gOnfo~i~g ': 10~0 A.M~ ROBERT BERGAMINI 2008 Notice ~fD~ppfb~al c6ne~g a ~ 6241 Request for Varian~;g hfid~r $1C: pr0~osed gC~ss0~y s~g ~1 ~d ~en ~0424 bfised 0n the BflRfl dg in: spa a e~ ~:f0q fe&~0m t~ top ~pecmr,s Oc[~ber 17;)~8 N0ace 6f Dis5 the ba~ 6r bluff ~d fi io~ ~dja~efirto ~e ~proval concermg a p~opose¢ deck~ Longlsl~d:Sounfland.~loi~rag~ ~&d~fi0n at I~ss than the code-requffed exceeding lhe c0de llmiiatinn of 20% on ~mgm front yard setback 0f 35 feet this buildable lag~ area qf 15;253 ~d lot_coverage ex~eding the ~d¢ feet, at 1690 ~e Strand, East ~ion; ga R0hd;~tfi{ufik] ~ 12355120): ~2375Re~u&gt for Va~nce~ under: ~e~ 10:45 A.M. DONALD ZITO g6233, tiong 280-15C and 280ZlI6A(1), ba~d Request for a Variance under Section on the Building ~spector's October 8, 280-124, based on the Building Inspec- 2008 Notice of Disapproval con,ming toffs August 25, 2008 Notice of Disap: a proposed dwelling, swin~ming pool, proval concernh~g an as-built outd6or trellis and accessory garage. ~e rea- shower addition to thc single-family sonsstated for disapproving die building dwell ng which is less than 10 feet on a permit application are: ( I ) the proposed stogie side yard, less th~n t5 f~et on the ib~atioa¢of the trellis to be added to thc opposite side yard; result~g in less than house; hud accessory swimming pool, am 25 feet for a total of both side yards, at not pennitted at less than 100 feet from the top Of fl~e bluff or bank on lots adja- 1185 Bung~ow Lane, Matdtuck; C~ cent to the L.I; Sohhd~ (2};ihe imground 11':00 A,~i. ~ swimming p~l is also proposed in a side e~y:80~e~ide~Ddv~ ~d C~dM'Polnt ~0nt y~d in tile e~e0~ & Water~ont D~iV~:~S~umold;~ 1~0.90-3:~;~e: 10~,or c03~;~e?m)a~d%~ 3ard; (3)new q~e~ f&.Vad~e~ onT~is i3;~}8 ~qdar~ cons~mcli0n:i~ prep~e&&t less th~ the f00~,~et; ruder :z0~¢~ed~:s$~ti0ns C0de;reqhimff~inifi~ 0f 15 feet on a ~0,1~ aaa 280i~54~'6~'fid 0fi~¢Pii~a~ sing~ ~ide yard2 ~c~fion of Property: tio~ fey building ~ermit~ and th~ Build- 18805, S0andde~ Avenue, Soulhold: lng Inspector's August 22, 2008 Notice o[ CTM 51-1-14. Disapproval concerning a pergola, fence 2A0 EM. } IENgy TRAENDkY and height swimming pool, and as built car BARBARA CADWALLADER. port structure, for the reasons that: cat on o Property: South Sidc of Main (1) the proposed pergola to be added Road (NYS Route 25), East Marion. to the dwelling structure is not permkmd adjacent to Gardiners Bay Based on the because such additions/alteration will Building InspcctoF.s January 30. 2008 constitute an increase in the degree of Notice of DisappxovaL amended July 25. nonconformance (nonconformh~g rear 2008, ibc applicant has submitted appli- yard setback and front yard setback, see cations ~equesting: (2) the fence is not allowed as per under Article II, Sections 100:25 an4 Conditions under ZBA ~3950 dated July 100 26 (renumbcred 280 9 and 280 10), Il 1990 which states:fl~e fence and an5 concerinng County Tax Map Parcel screening shall not exceed 4 ft. 6 in. in Numbers [2 and H,in District 1000, Sec height in front yard areas above grade, lion 3~, Block 14 wh ch states: thc area beginning at a point of 30 feet "Merger. A nonconforming lot shall living area. Location of Property: 9525 Drive shall remain open and un-vcge m common ownership with thc first lot Mai~ Road. Maldtuck; ~M 1000 [22 m~vd. at any time after July L ]983. An ad :additiot~s tO the under Section 280-124, based' Bh' the ,Building~ [uspector'~ jfinuary ,301;2008 :No0d~ 0f Disappro~algamended'July 25, fee Ior 2008 concerning a proposedsingle-fami- ~ >f, 3~5 ~ 1" dwei ng (after demolition O~ an ex{s!- ~ho~x~ f 31~:S~ipyardLane~ :Ymaurdmato}e~fj~t;iessthan,th~*equked South01d; CTM 64'.3'3°' 5 ~,~ .... c~mbined Side yards 0[ 25 ~eet, and less i[00 P.M. ~ th~n35 fee~ fr0m the fr0ntl~ar~ I°tl, j~tn,e; )~;.~ eecti~ns .280;I2. at' 13000 Ma , S ector!s ;lune:}O~ 20pS?~ltg~ -0i ~'~ - . b~ilding permit tO alter t e- · ,cess0ry b~d!Itg (sec~dd ~9°~[)~ ~wnbr~s bdforeg~he co access0~ use as a garag~ tqm ~u,~;h E~h hearing ' h0~fi~ 0c~upatipnmffice'~V~th ~ · } e~ ~hd ¢06kh~g a~eas, instead ~[ a home office carried on ~ the ma~ building, hesitate The proposed cl?nge in use from garage tO a h0fi~e Office:is not permitt/d under ~d~ ~Ction 280¢~.2glWhieh requ~es a ho~:~CCup~ti~fi? ~0 be incifi~fi~al t° the ieside~fiil fis~ 0~the premis~ and ~a~ 8~;i~ th~ d~n bUiid~g, in aadi- tin~; ~e:B¢a~ ~spect6r smt~g that the exist~g fly ~ space with kitchen : (apa~e~t)~gSbUik s not pdrmitted Un: de3 Sec~i0~ 280}12,since the code llm ts each lot to o~y one dwell~g. Location of proper{y:30655 C.R. 48 (a/k/a Middle Road or No~h Road), peconic: CTM 73-4-5. (631) 765~!8097 ~ i e-mail: Lind¢.K°watski@T°wn: S0uth0!d~hy.us- > Datedi Dee6mber 12,2b08.' ZONING BOARD OF APPEALS GERARD P. GOEHR1NGER, CHAIRMAN BY LiNDA KOWALSK1 54375 Main Road (Office L0cati6n) 53095 Main Road (M~iling/USPS) RO. Box 1179 S0mhold,NY 11971-0959 ........ NOTICE COUNTY OF SUFFOLK ,,~ .'"T~'<~'~TE,.,'.~'~E ~, IVoperfy [ax Service Ag~r~ .... I ......... I.~ .......... I~.~s' --~'" ,~'<"'~;~.~ ~p'~,~i, NOTICE { ~ COUNTY OF SUFFOLK (