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HomeMy WebLinkAbout62217t4 i;~-oq-o~ v' Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 $outhold Town Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING DATE: MARCH 5, 2009 ZBA FILE it 6221 - LLOYD KAPLAN, Applicant PROPERTY LOCATION: 105 Soundview Avenue, Southold CTM 1000-50-2-3 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 26,043 square foot parcel measuring 100.00 feet along Sound View Avenue to the south, variables 215.99 and 109.75 feet to the west, 96.60 feet along the Long Island Sound to the north, and variables 95.43 feet and 216.04 feet to the east. The lot is improved with a single-family house, as shown by a survey prepared by John C. Ehlers, L.S. dated August 3, 2007. BASIS OF APPLICATION: Request for Variances under Sections 280-15C and 280-124, based on the Building Inspector's amended September 2, 2008 Notice of Disapproval concerning an accessory swimming pool proposed with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on this buildable area of 14,679 square feet adjacent to the Long Island Sound. ADDITIONAL INFORMATION: The application on which the December 5, 2008 hearing was based called for a 16' x 32' swimming pool oriented in a north-south direction, with a front yard setback of 25 feet from Soundview Avenue. An alternative plan was submitted on February 11, 2009 calling for a 90-degree rotation of the pool, resulting in an increase in the front yard setback to 40 feet, thus eliminating the need for a front yard variance. FINDINGS OF FACT Page 2 - March 5, 2009 ZBA # 6221 - Lloyd Kaplan CTM 50-2-3 The Zoning Board of Appeals held a public hearing on this application on December 4, 2008 and February 5, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow 22.8 percent lot coverage for construction of a swimming pool. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool, which is on the road side, is shielded from the road by vegetation. 2. Town Law Section 267-b(3)(b)(2). The benefit of a swimming pool cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial. The increase in permitted lot coverage from 20% to 22.8% amounts to variance of 14%. 4'. Town Law Section 267-b(3)(b)(5). The difficulty has been self-created only so far as it represents the applicant's desire to add a swimming pool on a property whose buildable area is limited by a bluff and coastal erosion hazard line to 56% of the total lot. 5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest that, given the elimination of the need for a front-yard setback by re-orienting the pool, a variance in this residential community will have a significant adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law Section 267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the b~nefit of an addition of a swimming pool, while preserving and protecting 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, a motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the site survey revised February 9, 2009 by John C. Ehlers, L.S. 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 Page 3 - March 5, 2009 ZBA # 6221 - Lloyd Kaplan CTM 50-2-3 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: ~-~oeh '~hair~ian), Oliva, Simon, and Weisman. (Member Schneider abs~ T~l~u~i6'J~sz~dopted (4-0). /~d~D ;.~O~~2HAIRMAN 3//~ /2009 ~pproved as Applied / 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.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March /[, 2009 Mr. Lloyd Kaplan c/o Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 Re: ZBA File No. 6221 - Lloyd Kaplan Application Dear Mr. Kaplan: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's March 5', 2009 meeting. Please be sure to proceed in the next step through the Building Department for zoning and other reviews and/or a building permit or other document concerning your building permit application. Thank you. Very truly yours, Encl. Linda Kow~s~ SU ¥E'f' OF SITUATE, SC~/THOLO TOPIN OF SC~LD SUFFOLK CCR/N'TY, NY' Long Island Sound SITE DATA: % N S ound View Avenue · I',IOI, I,W~NT Fi AREA = 2~/~45 5. F. OP. O..SqTq Acres TOPO RL-Pt:I<ENC. ED TO N~,V[~' 2q DATI~ F~z~PC)5/EE~ AT ~ PATIO = 52-/ 5.F. (5..5~ OF ~UILE)AE~.E LOT AREA) '1 "=40 ' GRAPHIC SCALE 0 40 80 JOHN C. EI-11.ERS LAND SURVEYOR mvmt~n.y. 11sot KAPLANProperty Situate: lO.5 Soundview Avenue; Town of Southold, New York SCTM #: 1OOO - 0.50 O~ - OO$ (Photo ta~'e~ on ,lu~e ,9, ~oos) Photograph indicating the staked out location of the proposed swimming pool located within the southwestern section of subject property. Photograph taken from the southwestern corner thereon, facing north. Situate: 1o5 Soundview Avenue; Town ofSouthold; N~;v YOrk SCTM #: 1ooo - 05o o~ - oo3 Photograph indicating the staked out location of the proposed swimming pool located within the south~vestern section of subject property, and the substantial landscape screening along the western property boundary. Photograph taken from the southwestern corner thereon, facing west. KAPLANProperty Situate: 105 Soundview Avenue; Town of Southold, New York SCTM #: 1000 - 050 Oe - 005 (Photo lal~en o~ ,Jtt~e $), ~2oo8) Photograph indicating the staked out location of the proposed swimming pool located within the southwestern section of subject property, and the substantial landscape screening along both the western and southern property boundaries. Photograph taken from the central section thereon, facing southwest. KAPLANProperty Situate: 105 Soundview Avenue; Town of Southold, New York SCTM #: 1ooo - o5o 0~ - 00g (Photo taken on du~e ~, '2oo~) Photograph indicating the substantial landscape screening along the southern property boundary and Sound View Avenue. Photograph taken from Sound View Avenue, facing north. KAPLAN Situate: Soundview Avenue; Town of Southold, New York SCTM #: 1000 - O50 0e - 00~ SUBJECT PROPERTY FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 23, 2008 AMENDED & RENEWED: September 2, 2008 TO: Sttfii)lk Environmental Consulting (Kaplin) PO B,;x 2003 Brid4ei~ m~pton, NY 11932 Please take noiice that your application dated May 12, 2008 For permit lbr two an accessory in-ground swimming pool at Location of property 105 Soundview Avenue, Southold, NY County Tax Map No. 1000 - Section 50 Block_2 Lot_3 Is returned ,' ar,r, vith and disapproved on the following grounds: The accesso~2&i~,-groand swimming pool, on a non-contbrming 26,043 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-15 (C), which states, "In t!te case of a waterfront parcel, accessory buildings and structures may be located in the front ~'ard, provided that such buildings and structures meet front yard setback requirements as set J.~ ~t b~y this code." Therefore, ~h~c proposed construction is not permitted pu suant to Article XXIII Section z00-124, which state:~ ma~ non-contbrming lots, measuring between 20,000 and 39,999 square feet in total size, require a m'mimam front yard setback of 40 feet and are allowed a total maximum lot coverage of 20 percent. The proposed i~n-ground swimming pool notes a front yard setback of 25 feet and a total lot coverage of 26.2 perse_e~.~ his Notice .~. ~4sapprovat was issued based on a survey by John Ehlers, LS, dated January 28, 2008. It was later re~e',~ed and amended on September 2, 2008, to address lot coverage, based on an updated sui!eyc~date-'~?2008'~i~ by John Ehlers, LS. CC: file, Z.B.A. Note to AppL~a,~ Any change or deviation to the above referenced application may require additional *~ . · ~ ,, n the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 23, 2008 AMENDED & RENEWED: September 2, 2008 TO: Su!-5 i~ ~l:x,h'omnental Consulting (Kaplin) PO Bo. 2003 Brid?d;ampton. NY 11932 Please take ,o~ice that your application dated May 12, 2008 For permil i;:, ~.,vo an accessory in-ground swimming pool at Location ,',1 [',', ,t,c:':.,' 105 Soundview Avenue, Southold, NY County Ta:, ~,,a0 ,~t. i000 - Section 5_00 Block2 Lot3 Is returned ,- cr:rx~ith and disapproved on the following grounds: The access, ..,2~, .-groand swimming pool, on a non-conforming 26,043 square foot parcel in the Residential R. ,ii District, is not permitted pursuant to Article III, Section 280-15 (C), which states, "In ~ te ~s:: of a waterfront parcel, accessory buildings and structures may be located in the fl'_t!P' .v :' ~<wovided that such buildings and structures meet front yard setback requirements as s_~t l.~ll~ t,~, this code." Therefore, l!LcL9_(9~osed construction is not permitted pursuant to Article XXIII Section 200-124, which state: tidal non-contbrming lots, measuring between 20,000 and 39,999 square feet in total size, require a m:,imm~ front yard setback of 40 feet and are allowed a total maximum lot coverage of 20 percent. The propos~ ,.(_':! 2ground swimming pool notes a front yard setback of 25 feet and a total lot coverage of 26.2 pece: This Nolio , ~ It was later rcTe'x, ed and amended on September 2, 2008, to address lot coverage, based ~u~018,~John Ehlers, LS. 'i :?proval was issued based on a survey by John Ehlers, LS, dated January 28, 2008. on an updated CC: file, Z.B.A. Note to Apphcam: Any change or deviation to the above referenced application may require additional ~, , , ~,~m the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Suffolk Environmental Consulting PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated May 12, 2008 DATE: May 23, 2008 For permit for two an accessory in-ground swimming pool at Location of property 105 Soundview Avenue, Southold, NY County Tax Map No. 1000 - Section 50 Block2 Lot3 Is returned herewith and disapproved on the following grounds: The accessory in-ground swimming pool, on a non-conforming 26,043 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-15 (C), which states, "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet front yard setback requirements as set forth by this code." Therefore, the proposed construction is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. , The proposed in-~round swimming pool notes a front yard setback nfX~FC~et, r'~ ct' ~-,ot c This Noticc.~LDismwas issued based on a survey by John Ehlers, LS, dated January 28, 2008. t,~dd Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. xOw 0g SOtrmOL BUILDING DEPARTMENT TOWN HALL ~ SOUTHOLD, ~N.Y. 11971 TEL.: (631) 765-1502 FAX: (631) 765 - 9502 www.northfork, net/Southold/ Examined ,2006 PERMIT NO. BUILDING~RMIT APPLICATION CHECKLIST Do you ?l~e or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Contact: Approved / /2006 ~ Mail to:SUFFOLK ENVIRONMENTAL Disapproved a/c~ / ./ P.o. Box 2003: Brid~ehamoton. NY 11932 .~f/Z ~/~ Phone: (631) 537 - 5160 Expimti°d / :2006_______7_t --.. !' - ..... i APPLICATION FOR BUILDING PERMIT M YI ,I Date May 9, 2008 INSTRUCTIONS a. This application MUSTSe completely filled in by typewriter or in ink and submitted to the Building Inspector, with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterway. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Depamnent 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. guature of applicant, or name, if a corporation) Suffolk Environmental Consulting, Inc. P.O. Box 2003; Bridgehampton~ NY 11932 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder AGENT Name of owner of premises LLOYD KAPLAN (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. N/A (Name and title of corporate officer) Builder's License No. Plumber's LicenseNo. Elec~ician's LicenseNo. Other Trade'sLicenseNo. 1. Location of land on which proposed work will be done 105 Soundview Avenue Southold House Number Street County Tax Map No. 1000 Section Subdivision N/A (Name) 050 Block Filed Map No. Hamlet 02 N/A Lot 003 Lot N/A 2. State existing use and occupancy ofp a. Existing use and occupancy b. Intended use and occupancy equipment & dr/well. and intended use and occupancy of l~osed construction: Residential; Single family dwelling ~ related appurtenances. Same with proposed swimmin~ pool, pool patTo, pool ~encing, pool , 3. Nature of work (check which applicable): New Building Repair Removal 4. Estimated Cost $ 50, 000 5. If dwelling, number of dwelling units N/A If garage, number of cars N/A X Addition Alteration Demolition Other Work (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use N/A 7. Dimensions of existing structures, if any: Front 62.8' Rear 62.8' .Depth. 37.7' Height < 32' Number of Stories One (1) D X/ELLING Dimensions of same structure with alterations or additions: Front N/A Rear N/A Depth N/A Height_ N/A Number of Stories N/A S IMMING POOL 8. Dimensions of entire new construction: Front 16' Rear 16' Depth. 32' Height < 32.0' Number of Stories N/A 9. Sizeoflot: Front 100.0' Rear 96.60' Depth 325.74' (max.) 0. Date of Purchase N/A Name of Former Owner N/A 1. Zone or use district in which premises are situated 2. Does proposed construction violate any zoning law, ordinance or regulation: YES X NO 3. Will lot be re-graded YES __NO X Will excess fill be removed from premises: YES __NO X 4. Name of Owner of premises LLOYD KAPLAN Address 1251 Avenue of Americas: NYC 10020 Phone No. (212) 575 - 4545 Name of Architect w^ Address ~4/^ Phone No. N/A Name of Contractor N/^ Address N/^ Phone No. N/A 5 a. Is this property 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. 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. ;TATE OF NEW YORK) SS: 7OUNTY OF SUFFOLK ~rr~ff. ~. ~X/~f'/'~c--,c~ being duly sworn, deposes and says that he is the applicant (Name of individual'S'" signing contract) above named. S)He is the Agent - Suffolk Environmental Consulting, Inc. (Contractor, agent, corporate officer, etc.) ,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; hat all statements contained in this application are true to the best of this knowledge and belief; and that the work will be ,erformed in the manner set forth in the application filed therewith. ;worn to before me this ~r-r~. ~~_.~ 2008 / /Notary Public Matthew O. Ivans Notary Public oi New York No. 011V6053859 Qualified in ,Suffolk County Commission Expires January 22, Signature of Applicant ~,~. ~/~ For O~ffib~ Use Only c 7u 1 ¢~;'0 Fee: $~ Filed By: $ ~/~t~~ate ~signe~Assignment No ~ Office Notes: ~ .... ;~ ~ F ~. ~ ~ ~.'~.~ ~ House No. 105 Street Soundview Avenue Hamlet Southold SCTM 1000 Section 050 Block 02 Lot(s) 003 Lot Size 26~ 043 sq. ft. Zone R- 40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: .Sf. ptember 2, 2008 BASED ON MAP DATED August 20, 2008 Applicant/Owner(s): LLOYD KAPLAN Mailing Address: 1251 Avenue of Americas; New York~ NY 10020 Telephone: (212) 575 - 4545 Fax g: N/A Email: N/A NOTE: In addition to the above, please complete bdow if application is signed by applicant' attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents. Name of Representative: BRUCE A. ANDERSON - AGENT for ( X ) Owner, or ( ) Other: Agent's Address: P.O. Box 2003; Bridgehampton~ NY 11932 Telephone: (631) 537-5160 Fax #: (631) 537-5291 Email: suffolkenvironmental@hotmail.com Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED Aug. 20~ 2008 and DENIED AN APPLICATION DATED September 2, 2008 FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction •Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- 15 Subsection (F) ("In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above") Article XXIII Section 280- 124 Subsection (B) ("Such lot shall be required to meet the following: ...20% Lot Coverage") Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, [] has not been made at any time with respect to this property, UNDER Appeal No. Year . (Please be sure to research before completing this question or call oztr office for assistance.) REASONS FOR APPEAL (additional sheets ma~ be used with ~'epm'er's signature): AREA VARIANCE REASONS:I , r.. ~ ~ ~ r~ v ~ ~.~ ~ :r '~L S · ~C.~%~ ....... ~, , (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: An undesirable change will not occur to the character of the neighborhood in that the proposed structures subject of this application (i.e., proposed swimming pool, patio) are structures common within this medium-density residential neighborhood, Additionally, referring ta the at[ached aerial photograph, no undesirable impact to lhe character of the neighborhoad is anticipated in that the proposed structures will be substantially hidden from the surraunding neighborhood. Cansequentiy, in that these structures are comman residential appurtenances within this neighborhood and will be substantially screened from surrounding properiies, we do not anticipate any deffiment to the surrounding neighborhood in the granting of this vadance request. (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 applicant cannot achieve the project goals without requesting variance relief in that the property and improvements thereon (i,e., dwelling, deck, etc...) are pre-existing/non-conforming with respect to required zoning and environmental structural setbacks (from bath the wetlands and top af bluff'), crealing a situation where patenflally any further improvement within this property will result in some form of non-conformih/ requiring variance relief. Consequently, the benefit sought by the applicant cannot be achieved without the request in variance relief. (3) The amount of relief requested is not substantial because: No, with respect to the relief requested for the construction of the proposed swimming pool, we believe that due fo the substantial vegetation within the front yard, and the resultant vegetative screening from the surrounding neighborhood, this vadance cannot be deemed substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: l~e proposed vadance relief, if granted, will not result in any form of adverse environmental impact to the surrounding neighbarhood in that the propasals (i.e., swimming pool, patio) are to be situated within a substantially improved residential lot which has existed harmoniously within this waterfront area for years without resulting in any form of adverse impact to the Immediate area, physical and/ar environmental, Addilionally, review of the affached aerial map indicates a medium-density neighborhood comprised of similarly impraved lats which have not resulted in any farm af adverse impacts fo the area. (5) Has the alleged difficulty been self-created? ( ) Yes, or ( ) No. No, The hardship deflves from both the pre-existing/non-conforming nature of the lot and the existing improvements thereon, as well as the proximity of both the tap of bluff and the wetlands boundary along the shareline of Long island Sound t the narih, the placement of potentially any improvement within this property would create some form af non- canformity therean. Consequently, we do nat believe that the variance is self created. Are there Covenants and Restrictions concerning this land: [] No. [] Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTE/D, AN~) PLE~S£ COMPLETE ATTACHEDUSEVARIANCESHEET: (Pleas~uretoco~lty~ ~'~ture of Appellant or Authorized Agent (Agent must subnfit written Authorization from Owner) THE S~v~orn to before meJ, kis $~ da3 of~ . °~ ~lc Notatr~'~ New York Commiss~or Expires January 22, 20 (( PROJECT DESCRIPTION ~ ] for the ! .._ ~~t~, ~. KAPLANProperty Situate: lO5 Soundview Avenue; Town of Southold, New York SCTM #: 1000 - 050 0~ - OO3 Applicant proposes to construct a private swimming pool (16.0' width x ~2.0' long), surrounding patio wide x 42.0' long fencing ( 162.0' and drywell, southwestern long), all section property. (2zLO' pool ~overall~), pool equipment within the of subject ~PPLICANT'S PROJECT DESCRI~ION (For ZBA Reference) Appllcaut: LLOYD KAPLAN I. For Demolition of Existing Bnilding Areas N/A Please describe areas being removed: Date Prepared: __ UNE $~ 2008 II. New Construction Areas (New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge):, Is basement or lowest floor area being constructed? ff yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) N/A (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: II0u~ Proposed increase of building coverage: Prop. P0011512 S.g.}, Prop. Patio (¢96 $.IL): 1,0~ S.[ (a~lditi0nal} Square footage of your lot: 26~ 043 square feet Percentage of coverage of your lot by building areas 19.3 V. Purpose of New Construction: Construction of a new swimming nool, surrounding natio, nool equipment~ pool drywell and nool fencing. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The southerly half of subiect property is relatively fiat and improved with the majority of improvements (i.e, dwelling, decking~ driveway, etc...) as well as landscaped in typical residential fashion (i.e., ornamental olantin~,s, lawn areas, etc...). The northerly haft is comprised of a bluff (70% slope ±) and shoreline~ and is only improved with a wood stairway due to the difficult to construct thereon and the proximity to the wetlands (Long Island Sound). Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002;2/2005;1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.Ao APPI .ICATION' . ~: ~' Is the subject premises listed on the real estate market for st [] Yes [] No. Are there any proposals to change or alter land contours? [] No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Northerly shoreline. 2) Are these areas shown on the map submitted with this application? Yes. 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? Yes. Please confirm status of your inquiry or application with tbe Trustees: Issuance of Permit No. 6839~ issued April 16~ 2008 and if issued, please attach copies of permit with conditions and approved map. 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 that exist and are not shown on the survey map that you are submitting? None. (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No. If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No. If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Residential Use )~nd proposed use Same~ with Swimming Pool ~mples: ~g:~proposed:, same with garage or pool, 0r other description.) Aufl~urized Signature and Date ~ - ~ 2/05; 1/07 14-16-4 (9/95)-Text 12 lPROJECT LD. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMEI For UNMSTED ACTIONS Only SE :~R PART I- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ]. APPLICANT/SPONSOR 9. PROJECT NAME Suffolk Environmental Consulting, Inc. KAPLAN 3. PROJECT LOCATION: Municipality Southampton County Suffolk 4. PRECISE LOCAIION (Street address and road intersections, prominent landmarks, etc. or provide map) Soundview Lane; Town of Southold, NY (SCTM #: 1000 050 - 02 - 003) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: ?. Applicant proposes to construct a swimming pool (512 square feet) with a surrounding patio (496 square feet), and attendant pool equipment, pool drywell and pool fencing. 7. AMOUNT OF LAND EFFECTED: Initially < 0.1 acres Ultimately < 0.1 acres 8. VVlLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential []Industrial []Commercial []Agriculture Describe: []Park/Forest/Open space []Other Private single family residences with related appurtenances, including swimming pools. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOVV OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes []No If yes, list agency(s) and pan-nit/approvals New York State Department of Enviromental Conservation; Town of Southold Board of Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals NeTM York State Department of Environmental Conservation; Town of Southold Board of Trustees 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~ Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applioaffdsponsor na~vans - Suffolk Environmental Consulting, Inc. Date: Juoc 5, 2008 S,gnature: /,~'~//~"~/~ ------- ~..~ ~. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by A~ency) A.. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? use the FULL FAF. [] Yes i--I No If yes, coordinate the review process and B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answ~m may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or fiooding problems? Explain briefly: C2. Aesthetic, agricoiturst, amheologico{, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, signirmant habitat, or threatened or endangered species? Explain bhefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain bhefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in Cl -C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of enen3y)? Explain briefly: D. W1LL THE PROSECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT OF A CEA? []Yes [~No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If yes, explain briefly PART lit - u~= ~ =~IINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, detemnine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. u~ban or rural); (b) probability of ocountng; (c) duration; (d) irreveraibility; (e) geographic scope; and (f) magnitude. If necessapj, add attachments or refemnco supporting materials. Ensure that explanations contain sufficient detail to show that all rstevant advome impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have idectiflnd one or more potentially large or significant adverse impeots which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessa~, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signatura of Prapamr (if different From responsible officer) 2 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton. New York 11932-2003 (631 ) 537-5160 Bruce Anderson. M.S., President September 9, Southold Town Zoning Board of Appeals Town Hall P.O. Box 1179 Southold, NY 11971 Fax: (631) 537-5291 Re: Situate: SCTM #: KAPLAN Property 10.5 Soundview Avenue; Town of Southold, New York 1000 -- 0,50 -- O~ - To whom it may concern, This Firm represents the owner of the above referenced property, who is seeking all required regulatory approval to construct a swimming pool and patio thereon. In that the project does not meet the required front yard minimum setback of 40.0', variance relief is requested. Accordingly, please find enclosed: (1) Town of Southold Building Department Notice of Disapproval (original and seven E73 copies); . 61~t~ Town of Southold Zoning Board of Appeals Application (original and seven 77'] copies); ($) Owner's Endorsement (original and seven [7'1 copies); ({) Project Description (original and seven ['73 copies); Environmental Assessment Form (original and seven I-7'] copies); (6) Town of Southold Local Waterfront Revitalization Program Application (original and seven 77'] copies); (7) Deed of subject property (eight 78.1 copies); (8) Town of Southold Property Record Card regarding subject property (eight [8'1 copies); (9) Survey of subject property, prepared by JOHN C. EHLERS, LAND SURVEYOR, indicating the existing and proposed conditions thereon, last dated August ~0, ~008 (eight [~8'1 prints); (lO) Photographs of subject property, indicating the rendering of the proposed swimming pool thereon (eight ['83 sets); (11) Copy of the New York State Department of Environmental Conservation Letter of Non-Jurisdiction (No. 1-~758-05807/00001), dated March 6, 2008, concerning subject property; (12) Town of Southold Board of Trustees Authorization (No. 68S9), dated April 16, 2008, concerning subject project (eight ~_8~ copies); and (is) Check made payable to the Town of Southold to cover the requisite application fee in the amount ors 600.00. By way of this correspondence, kindly review the attached materials and schedule for the next available Zoning Board of Appeals meeting at your earliest opportunity. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans attachment cc: L. Kaplan OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF ~K) SS: LLOYD KAPLAN being duly sworn, deposes and says; I reside at __ 670 West End Avenue; New York City In the County of New York and the state of New York , and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consultinb Inc. to make the foregoing application as de~k~l~ed herein. ! Signature If Corporation, name of corporation and Officer Officer's Title Before me, this[d7,q day of dr- ff ,2008 Notary Public ~ "' Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 Bruce Anderson, M.S., President September 1~, ~008 Southold Town Zonin Town Hall P.O. Box 1179 Southold, NY 11971 11 53%5160 2008 c,,-..,, ,RD OF APPEALS ~oard o-t~ISpeals Fax: (6311 537-5291 Re: Situate: SCTM #: KAPLANApplication 105 Soundview Avenue; Town of Southold, New York 1000 -- 050 -- 0g - 005 , To whom it may concern, As requested regarding the above referenced application, please find enclosed: (11 LANDSCAPE PLAN (Alternative "B"), prepared by SUFFOLK ENVIRONMENTAL CONSULTING, INC., dated December 19, ~007, and stamped-approved by the Town of Southold Board of Trustees on April 16, ~OO8 (three F$3 prints). Kindly review and retain within your records. In the interim, we will supply you with the additionally requested Transactional Disclosure Forms from Ms. Lisa Linden, Mr. Lloyd Kaplan and Mr. Bruce A. Anderson at the earliest opportunity. In the interim, kindly complete the review of this application and schedule for the next available Town of Southold Zoning Board of Appeals meeting. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Matt D. Ivans eno. Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM ~;~_~2 c~I All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 050 02 003 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a swimming pool (51~ square feet) with a surrounding patio square feet), and attendant pool equipment, pool drywell and pool fencing. Attach additional sheets if necessary Location of action: Site acreage: 105 Soundview Avenue; Town of Southold, New York 0.5979 acres ± Present land use: Improved w/Dwelling and residential appurtenances Present zoning classification: Same w/swimmin~ oool. oatio, oool equipment, drywell & fencing. 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: Lloyd Kaplan (c/o Linden Aischuler & Kaplan, Inc.) (b) Mailing address: 1251 Avenue of Americas; New York~ NY 10020 (c) Telephone number: Area Code ( 212 ) 575 - 4545 (d) Application number, if any: N/A 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?. DEVELOPED COAST POLICY Policy 1. Foster n 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 IH - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable This project is conforming with respect to this policy in that the proposal to construct a swimming pool and patio is a consislent form of approvable development within the Town of Southold, including within the surrounding neighborhood. Community character will not be impacted due to the dense vegetation existing along the street side of subject property. Open space will be preserved due to the structure being located within the front yard of the properly, lhe placement of the swimming pool the maximum possible distance from the wetlands boundary will minimize any adve[se effects of development. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. Sec LWRP Section 1H - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages $ through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject project will not adversely impact the visual quality of the surrounding area in that the proposal will be substantially buffered by vegetation from the street, and the adiacent properties from both the east and west. Accordingly, this proposal will comply with Policy 3. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applieable Policy 4 is not applicable in that the proposal is situated well beyond the top of the bluff. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal is situated well beyond the wetlands and surface waters of Long Island Sound. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not appiicable in that the proposal is simply to construct a swimming pool and patio thereon, and which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this policy. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section 11I - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutantst petroleum products. Attach additional sheets if neeessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section m- Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal is attendant to a private property. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section m- Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not impact water<lependent uses, etc... Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH- Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary 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 Subject proposal is not applicable in that the proposal does not involve the conservation of ener~ mseurces on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 l l.'20 AM AND SALE DEEI~TH COVENANT AGAINST GRANTO~ Oa CO O AUO STANDARD NYBTU FORM 8007 ~I15 IND~N'I'URB, made the ~ day of hets~en ~ J. PRIAL nn~ jR, ANN~ FRIAL. residing at 3'/i Franklin Place Sooth Orange, New ,len~y 07079 patty of the first pa~ and yL~ LINDEN ami LLOYD~ KAPLAN~residlng at 670 W~t End Avenue #1Sb. New Ymk, New WT/W/~SK/'H. thet the party of ihe fh~st l~an. in consideration of Ten doll~u.s, inwful mouey of , ...e" the United Stote~. paid by the party of the second part.'d~es here. by greot and release unto the i~u~y of the- k~l'~ ~/ second part, the heir~ of succeu, or~ and assigns of the party of the seeoed part forever, ~v~I ~L[ 0 '~' ALL Ibut c~rxain plo~ piuce or I~cel of land, with the buildings and improvements t~emon ~-~lTM erected, situate, lying ned being at Southold, Town of Southold. County of'Suffolk and $in~ of New / York SEE SCHEDULE #A" ATTACHED HERETO AND MADE A PART HEREOF B~inu nnd Inteedsd to be the sam~ pmrnises annve~"d to the grantor by d~_ _,_*e,_ =1~ =ed~ by p,nk .I. Prishugl Jeanne Prinl and rceoMed in Liher 12~3 Fage 40~  ~OGKI'H,g~ wilh all right, title aed inteRN, il'any, of th~ party of thc first pm in and to any 0 streets and roads abuuing the above de~crihed premises to lite center lines thereof. ~}G~rH~R with the appurtenances and all the estate and rights of the pa;fy of the first pitt in and m said I~mises,  TO HAVg AND TO HOLD the premises herein unto tbu of the granted patty $~cottd the hehx or successo~ and a.~ignS of the party of the second part forever. .0 0 AND the party of the first part. covenants that.the patty of the fit~t part he~ not dono or suffered anything whereby the sam premls~s have been enoumhered in any way whelever, egcqx'~s n fore. aid. .a=NB the party of the first po~ in complianc~ with .e~.~ctinn 13 of the Lien L;.w, covenanls that the party of the first pall will receive the cmuideretion for this conveyance and will hold the right Io n.'ceive such considerntinn ns a trust rued to he applied first for the puqx)se of I~tying the co~t of the improvement and will apply the same first to the payment of the cost of the impmvemem heroin using any pail of the total of the same for any other puq~se. The word 'patty" shall he consm~d es if it read "parties" ~henever th= sense of this iedoumm ~o r~quires. ~ W~ITN~.$ WH~P~gO]~th= patty of the fitxt pm't hE duly executed this deed the day and ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 7654800 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 12, 2008 Zoning Appeal No. 6221 Transmitted herewith is Zoning Appeals No. 6221 of Lloyd Kaplan- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Cover Letter from Suffolk Environmental Consulting, Inc. Listing what was Sent Dated September 9, 2008, Notice of Disapproval from Building Depaflment Dated May 23, 2008, Notice of Disapproval from Building Department Amended September 2, 2008, Letter of Non- Jurisdiction from New York State DEC Dated March 6, 2008, Authorization Letter from Lloyd Kaplan to Suffolk Environmental Consulting, Inc. to represent him in this Matter, Copy of Deed Dated September 21, 2007 (1 Page), 1 Page of Property Record Card (Both Sides), Board of Trustees Authorization of Wetland Permit to construct a Swimming Pool and etc Dated April 16, 2008, Project Description for Kaptan Property, 4 Pages of Photos of Property Showing Location of Pool, 1 Page Showing Tax Map & Ariel Photo of Property, Copy of Survey Showing Existing & Proposed Changes to Property Dated August 20, 2008 Prepared by John C. Ehlers Land Surveyor. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/11/08 * * * RECEIPT * * * Receipt'8: 28747 Transaction(s): 1 1 Application Fees Reference Subtotal 6221 $600.00 Check#: 10679 Total Paid: $600.00 Name: Suffolk, Environmental Consulting P O Box 2003 Bridgehampton, NY 11932 Clerk ID: CAROLH Internal ID: 6221 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/11/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIYED 6221 KAPLAN, Lloyd 10679 $600.00 SEP 1 0 2008 SOl Ithold T,~wn ~.fb_ $6OO.OO By,~¢," Thank '~ou. New York State Department o--f Environmental Conservatio~ Division of Environmental Permits, Region One SUNY at Stony Brook, 50 Circle Road, Stony Brook, NY '11790 - 3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny, us LETTER OF NON-JURISDICTION TIDAL WETLANDS ACT March 6, 2008 Lloyd Kaplan 670 West End Avenue New York, NY 10025 gel Application #1,4738-03807/00001 Kaplan Property, 105 Soundview Avenue, Southold S.C.T.M. #1000-50-2-3 Dear Mr. Kaplan: Based on the information you have submitted, the Department of Environmental Conservation (DEC) has determined that the property landward of the "TOP OF BLUFF" line, as shown on the survey prepared by John C. Ehlers dated August 3, 2007 last revised January 28, 2008, is beyond Tidal Wetlands Act (Article 25) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Aaticle 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 2ff wide construction area) or erecting a temporary fence, barrier, or ha.lc bay berm. This letter shall remain valid unless site conditions change. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sinc~erely, Laura J. Scovazzo~// Permit Administrator CCi Suffolk Environmental Consulting, Inc. NYSDEC, Marine Habitat Protection file (kal') BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6839 DATE: APRIL 16~ 2008 ISSUED TO: LLOYD KAPLAN PROPERTY ADDRESS: 105 SOUNDVIEW AVENUE~ SOUTHOLD SCTM# 50-2-3 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 16. 2008, and in consideration of application fee in the sum of $250.00 paid by Lloyd Kaplan and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a swimming pool with a surrounding patio and attendant pool equipment, pool drywell and pool fencing, landscaping, landscape retaining wall and entrance gate, and as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated January 28, 2008 and received on February 19, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on thc part of town officem and employees. The ourm~se 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 nceessarv to avoid same. YOURNAME: LISA LINDEN (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning 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 interest" means a business, including a parmemhip, 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 mom 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 p~son Describe the relationship between y0umelf (the applicanl/agenffrepresentative) and the town officer or employee. Either check thc 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 non-corporate entity (when the applicant is not a corporation); __C) an officer, director, parlmer, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnlovees. Thc ouroose 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 nacessarv to avoid same. YOURNAME: LLOYD KAPLAN (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Otber", 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 interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X 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 thc relationship between yourself (the applicant/agent/representative) 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 g/eater than 5% of the shares oftbe corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 BOARD OF ~ubmitted th~dg~ f Si amre Print Name APPLICANT/AGENT/REPRESENTATIVE 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 necessargto avoids a me. YOUR NAME: BRUCE A. ANDERSON - SUFFFOLK ENVIRONMENTAL CONSULTING, INC. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning 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, manSage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X 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 applicunt/aguntJrepresentative) and the town officer or employee. Either cheek 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 uny interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS SL 2 2 2008 Matthew D. Ivans Notary Public of New York No 01iV6053859 Qualified in Suffolk County Commission Expires January 22, Suffolk Environmental Consulting, Inc. Newman Village. Suite E~ 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932 2003 (631) 537 5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President September 18, ~008 Southold Town Zoning Board of Appeals Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: KAPLANApplication lO5 Soundview Avenue; Town of Southold, New York 1000 -- 050 - O~ - 008 To whom it may concern, As requested regarding the above referenced application, please find enclosed: Transactional Disclosure Form, submitted and signed by Ms. Lisa Linden; (,) Transactional Disclosure Form, submitted and signed by Mr. Lloyd Kaplan; and Transactional Disclosure Form, submitted and signed by Mr. Bruce A. Anderson. Kindly review and retain within your records, and schedule this matter for the next available Town of Southold Zoning Board of Appeals meeting. Should you have any questions concerning this matter, please feel free to contact this office at any timo ~- Thank you as always for your attention and consideration. enc. cc: L. Kaplan Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President February 10, 2009 Southold Town Zoning Board of Appeals Town Hall P. O. Box 1179 Southold, New York 11971 Re: KAPLAN Application Situate: 105 Soundview Ave, Southold SCTM # 1000-50-2-3 Dear Members of the Board, This correspondence and accompanying survey is submitted in satisfaction of your request to analyze an alternative design and layout of a proposed pool to be located on the premises referenced above. Specifically, at the public hearing of December 4th, yOU requested that we analyze the zoning consequences of rotating the pool 90 degrees. Enclosed herewith please find ten copies of the survey prepared by John C. Ehlers last dated February 9, 2009 ("Survey"). The Survey depicts a 16' x 32' pool oriented in an east-west direction that would be 40-feet from the front lot line and 10-feet from the side lot line. Accordingly, relief of 5-feet (from the side lot line) is contemplated in this alternative. The surrounding patio would be built at grade and thus coverage of the "buildable area" is limited to 22.8%. I trust the alternative presented herein addresses the concerns of the Board as expressed during December 4th Public Hearing. Cc: L. Kaplan (survey encl.) DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIV~ September 22, 2008 SEP 9 ZOO8 ZONING BOARD OF APP~AL~S THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Con~nission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-connnunity impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Jacobs & Gates ~:-/6206 Larocca ,/6208 Pezzino . Terzis /6212 Marron ,4-6216 Friemann ~6217¢/ Geitz ¢-6218 Gama Deer Park Inc. t/6219 Franeker Investments, Inc. /6220 Krlis ~6L222Y Messina Romanelli Realty - "0224 Municipal File Number(s) 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 5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I week(s), successively, commencing on the 5th day of February, 2009. Principal Clerk Sworn to before me this day of ~ 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEAL~ THURSDAY, FEBRUARY 19, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant fo Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York f~,971,0759, on THURSDAY, FEnRUARY 19, 2009: 9-.3~ A.M. dOHN and MARGARET TONER ~ 6239. Request for Variances under Section 280-124; based on the Building Inspector's amended October 20, 2008 Notice of Disapproval concern- ing as-built additions and alterations whlcb exceed thc code limitation of 20% of binldablc area lot coverage and is less than the imnhnum required setbacks for combined side yard setbacks of 25 feet. Docation of Proper ty: 875 Sigsbee Road, 12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to con- struct a new single-family dwelling and a new accessory building proposed with a noficoninrm[ng use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwell- ing will be less than 15 feet on a single side yard; (2) the proposed single-family dweg- lng will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Greal; Pecoinc Bay; (4) a new accessory building is pr~ posed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. 11.~0 A.M. MICHAEL and DANA MEYRAN #62~1. Request for a Vmi- ance under Sections 280-122A and 280 124, based on the apphcant's request for a building permit and the Building Inspoctor's November 6, 2~08 Notice of Disapproval Under Zoning Code In- terpretation #5039 (Application by R. Walz), concerning proposed reconstruc- tion of a dwelling in a location which will increase in the degree of nonconfor- mance at less than 35 feet from the code- required minimum front yard setback, at280 Youngs Avenue, Mattituck; CTM : · 11'30 A.M. MICHAEL and LAURA CHAPMAN LMNG TRUST ~6~49. Request for Variances trader Sections 280-~'Z~"-and 280-i24~ based on the Building Inspector's revised bg6vt~ber 10. 2008 Notice of Disapproval cor~- cerning additions and alterations to the existing single-family dwalling, which construction vd~l increase the degree of nonconformance when located less than the code required mlnhnum of 35 feet from the front yard lot line adjacent to a private right-of-way and AJpine Avenug, Fishers Island; CTM Parcel 10~8~7 & 6 (merged lot), CHRISTINA VOLINSKI NOTARY PUBLiC-STATE OF NEW YORK NO, 01 -VO6105050 Qualified Ir~ Suffolk County 9:.40 A.M. PHYLLIS KAUFER # 6/40. Request for a' Variance under Section 280-15c~ baged on the Building Inspector's October 6. 2008 Notice of Disapproval concerning a proposed two- story accessory garage which will exceed the code limitation of 750 square feet. Location of Property: 3175 Nassau Pomi Road. Cutchogue: CI'M 1000-104-13-12. 9'.50 A.M. KEVIN B. and .IEANINE FAGA #6243. Request for a Variance under Section 280-116B. based on the Building Inspector's October 23. 2008 Notice of Disapproval concerning a pro- posed additions and alterations to the existing single-family dwelling at legs ~ I~.M, I,LOY~ KA~L.M~I # 6~1 tcanyover, pending, alternative plan or other information from applicant). Swimn~ng pool at less than 40 feet from front line adjacent to street. (2) lot cov- erage exceeding 20% code limitation on this 14.679 square feet of land area adjacent to the Long Island Sound. at [05 Soundvlew Avenue. Southold: CTM 50-2-3. ~.'00 P.M..HOPE SCHNEIDER # 6215 (carp]over, pending alternative plan or other information from appli- cantL New dwelling on 4.914 square feet of buildable area. at 1960 Mill Lane (Goldsmiths Inlet}, Southold: CTM 67-7- than the code-required minimum of 75' - I1 and Variances to increase the degree feet from the existing bulkhead adjacem to Orient Harbor. at 1~580 Main Road East Marion: CTM Parcel 1000-31-14- 8.2. 10.'00 A.M. TIM°THY WOOD and MIRA DOUGHERTY-.IOHNSON 86244. Request for Variances under Section 280-124. based on the Building Inspector's revised December 30. 2008 Notice of Disapproval concerning a pro- posed new single-family dwelling (after demolition of the existing building) in a location with front yard setbacks at less than 35 feet. on m~s 10.067 square foot parcel. Location of Property: 340 Locust Lane rand Korn' RffadI. Southold: CTM 62-3.26 KAS and MARIA PAPG1ANNAKIS # 6252. Request for Variances under Section 280-15, based on the Building Inspector's November 12, 2008 Notice of Disapproval for a proposed accessory swimming pool in a front yard instead of the code-required rear yard, and for a fence at a height which will exceed the code limitation of four (4') feet in a front yard location adjacent to C.R. 48 (alk/a North Road). Location of ProperW: 940 Homestead Way, Greenport; CTM 1000- 40-2-20. 10-.30 A.M. DEBORAH M. PONTI- NO g6254. Request for a Special Excep- tion under Section 280 13B to esiabbsh an Accessory Apartment in this single- family dwe0ing, with owner-occupancy, at 2675 Indian Neck Lane, Pecomc; CTM 1000-86-5-13. 10:45 A.M. LEWIS TOPPER #624& Location of Property: 3606 Camp Mine- ola Road, Mattituek; adjacent to Great Peconic Bay; CTM 1000-123-6 13. Re- quest'for Variances under Sections 280- of rear yard setback nonconformity less than 35 feet. (2) to increase the degree of side yard setbacks at less than I0 feet and less than 25 feel combined, (3) less than 75 feet from the bulkhead, (4) ex- ceeding the code limitation of 20% lot coverage. 2-30 P.M. DIANE ~nd HENRY HOBBS ~6247. Request for a Variance under Sections 280-122A and 280-124. based on the Building Inspector's Sep- tember 24. 2008 Notice of Disapproval and ZBA #5039 (Zoning Code inte?- pretation in the Matter of R. Walz}. The Building Inspector states that the pro- posed alterations and additions to the existing single-lamily dwelling will con- stitute an increase in the degree of non- conformance at less than 40 feet from the code required minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond, Cutchogue: CTM 1000-104-4 9. The Board of Appeals will hear all persons, or their representatives, des[r- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion o~ each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review d~ting regular business hours and prior to the day of the hear inf. II you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Linda. Kowalski@ Town. So~lthold.ny. us. Dated: February 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRLNGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) __ 53095 Main Road (Mailing/USPS) Southold, NY 119714)959 9177 IT 2/5 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold~ NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings 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~ DECEMBER 4~ 2008: 9:50 A.M. LLOYD KAPLAN #6221. Request for Variances under Sections 280-15C and 280-124, based on the Building Inspector's amended September 2, 2008 Notice of Disapproval concerning an accessory swimming pool proposed with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on this buildable area of 14,679 square feet adjacent to the Long Island Sound. Location of Property: 105 Soundview Avenue, Southoid; CTM 1000-50-2-3. 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: November 13, 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 To whom it may concern: We are the owners o£property on Lighthouse Road which is a close neighbor to105 Soundview Avenue Extension. We understand they are seeking a variance to build a swimming pool and we are aware of its proposed placement on their property. We have no objection to their application. We are the owners of property at the intersection of Lighthouse Avenue and Soundview Avenue Extension which borders 105 Soundview Avenue Extrension (to our immediate east3 We are aware that our neighbors are seeking a variance to build a swimming pool and we have seen the location marked out by stakes where they intend to place the proposed pool. We have no objection to their application. Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK: STATE OF NEW YORK TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Southold Town Hall Southold, New York December 4, 2008 9:33 a.m. Board Members Present: GERARD P. GOEHRINGER - Chairman/Member JAMES DINIZIO, JR. Member RUTH OLIVA - Member MICHAEL A. SIMON Member LESLIE KANES WEISMAN - Member LINDA KOWALSKI Board Assistant Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 ZBA Town of Southold December 4, 2008 HE~ #6221 - Lloyd Kap~/~~ H EMB E R ~u~l~: ~ "Request for Variances under 280-15C and 280-124, based on Inspector's amended September Sections the Building 2, 2008 Notice ef Disapproval concerning an accessory swimming pool proposed with a front yard setback at less than the cede-required minimum of 40 feet and with let coverage exceeding the code limitations of 20% (maximum} on this buildable area ef 14,679 square feet adjacent to the Long Island Sound. Location ef Property: 105 Seundview Avenue, Seuthold; CTH 1000-50-2-3." The person to speak to that? BOARD ASST.: Just state your name for the record, please. MR. SHAWN VESTGOH (S.E.C.) : Oh, sure. Shawn (inaudible). BOARD ASST.: We have the photographs and there's two letters. One letter here from Ralph -- hew de you pronounce his name? MR. {INAUDIBLE): Vestgom. BOARD ASST.: Vestgom on Lighthouse Read, Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 19 ZBA Town of Southold - Deceraber 4, 2008 Southold, VESTGOM, and a letter supporting from Bruce Garatano from Lighthouse Road, Southold. CHAIRMAN GOEHRINGER: And we have one letter in the file against this, I believe. MEMBER DINIZIO: Yeah. CHAIRMAN GOEHRINGER: We're ready for you, Shawn. MR. VESTGOM, S.E.C.: Thank you. The applicants are seeking to locate a pool on the subject property. Given that there is a fence on Long Island Sound and there is a bluff, the pool -- we acknowledge we want to place it on the seaward side of the house. MEMBER OLIVA: Could you turn the mike up? MR. VESTGOM: Sure. Sorry. Of course you'd want to place the pool on the seaward side of the house, but with the bluff setbacks you can't, at least it wouldn't meet the setbacks. Bruce Anderson of Suffolk Environmental had met with Mr. Verity of the Southold Building Department when trying to seek a logical location for the pool and apparently they came up with what's before you Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 ZBA Town of Southold - December 4, 2008 now. The property is significantly screened. That's what the set of photographs demonstrates. The neighboring property to the west has existing significant screening. This property is significantly screened. There's also a Trustee permit that's been issued for the pool already, part of which required a substantial revegetation plan. There's going to be more screening vegetation installed. Basically given where the house is located, this is, if you were going to put a pool here, really what you could do. 16 by 32, it's not a 20 by 40 pool it's a little bit smaller. MEMBER SIMON: What are the numbers? MR. VESTGOM: 16 by 32 foot pool, 25 feet from the front yard and 15 feet from the side yard. CHAIRMAN GOEHRINGER: Can I ask a question? This house is on a slab; is it not? MR. VESTGCOM: Yes. CM3kIRMAN GOEHRINGER: Okay, I remember being in this house. This house was totally renovated at one time, was it not? MR. VESTGOM: Actually, I don't know. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 ZBA Town of Southold - December 4, 2008 CHAIRMAN GOEHRINGER: Okay. Yeah, I remember being in it when it was not and it's in great condition now. MR. VESTGOM: Great heuse. CHAIRMAN GOEHRINGER: I think based upon the slab aspect ef it I think the pool ceuld be placed cleser to the house and I'm net taking the -- my celleague Michael's steam out ef this ene, but I mean I think it can. There's a difference when yeu have a feundatien and hew close yeu can ge with a peel, but I mean it ceuld ge a little cleser te the heuse. It could be turned in an epposite direction. These are all things that could be dealt with. It ceuld he built perpendicular te the road, actually it's built perpendicular new -- HR. VESTGOM: Right. CHAIRMAN GOEHRINGER: -- but it could be parallel to the road actually and all ef these things ceuld be taken into acceunt, which weuld kind of not cause a flag situation actually coming eut inte the preperty; ceuld it net? MR. VESTGOM: Yeu certainly could Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 ZBA Town of Southold - December 4, 2008 rotate it. You'd be taking away some space from the gravel driveway. I mean certainly moving it closer to the house is possible. you do rotate it parallel want to get it too close. If you certainly do not I feel like if you run it parallel the pool closer know if there's a guess it would be to the road you have more of to the house. I just don't safety issue there with -- I fenced, but I wouldn't want to have any troubles with people falling into the pool inadvertently. CHAIRMAN GOEHRINGER: Are there any doors on the front of the house on MR. VESTGOM: I believe CHAIRMAN GOEHRINGER: probably all open, but you that side? I mean they're are aware of what is required by the Building Department regarding this now? MR. VESTGOM: In terms of the setbacks, yes. Like I said, this is what the Building Inspector and Mr. Anderson came up with in terms of what they felt was the best location for the pool. CHAIRMAN GOEHRINGER: This is just my suggestion, this is not the suggestion of the Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 ZBA Town of Southold - December 4, 2008 Board. MR. VESTGOM: Understood. CHAIRMAN GOEHRINGER: Okay, is there any medical reasons for the purpose of this pool in the front yard area? MR. VESTGOM: None. The front yard, no. CHAIRMAN GOEHRINGER: Okay. So I'm just throwing that out to the Board and, Michael, I apologize. MEMBER SIMON: You're applying for a variance for two reasons, there are two variances. One has to do with lot coverage and, of course, the other has to do with setback. MR. VESTGOM : Correct. MEMBER SIMON: Ordinarily, we don't get them both together because the lot coverage may be for example a problem with a small lot and the fact that there is a 30 percent lot coverage variance and a 40 percent setback variance according to my calculations, it suggests that in the process of exceeding the code-required lot coverage you're also putting it closer to the lot line than would otherwise be required. If you had to choose between Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold 24 December 4, 2008 adjusting the size of the pool or adjusting the setback from the lot line, which would you rather apply for if you had to give one up? MR. VESTGOM: Gosh, I'd really have to leave that to my client. MEMBER SIMON: In other words in line with Mr. Goehringer's suggestion, is if it were closer to the house to get the same size pool that would increase the setback to the line. If you're comfortable with that, that's a partial answer to my question. MR. VESTGOM: I think moving it closer to the house would be reasonable. MEMBER SIMON: Yeah. MR. VESTGOM: I have a question. The lot coverage is that based on the buildable area or the total property? MEMBER SIMON: Buildable area. MR. VESTGOM: The buildable area. So I mean there is a little bit of a hardship in that respect because the property is sufficiently large; area is (inaudible) MEMBER SIMON: hardship, however, the buildable by bluff. (Inaudible) call that a that's called the Code. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ZBA Town of Southold 25 December 4, 2008 MR. VESTGOH: Well, the property being what it is it is a large property, however, as you stated. MEMBER WEISMAN: I'd like to see the setback from the road increased to minimum of 30 feet. You also don't have a drywell located on your survey. You show pool equipment, which will have to be in a sound deadening cabinet, very close to the road, almost at the edge of the road, which is fine for the applicant, but I want to make sure the passersby are not, you know, imposed upon with noise from that equipment. Also, I think that you can probably, in addition to putting the pool a little closer to the house, reduce the size of the pool thereby reducing the lot coverage. That's a substantial lot coverage. It is the only place for the pool, it's a flat area. It's an appropriate place for it on a waterfront property, but we're trying to grant the minimum variance necessary in order to have the Kaplans have their pool. So I'd like to see that lot coverage reduced from 26.2 percent down a bit more as well as the Pugiiese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ZBA Town of Southold - December 4, 2008 setback. I don't know that we can dictate exactly what percentage. I think maybe you want te discuss that with the Kaplans and see how much you're prepared te reduce the pool. We can grant alternative relief, which will dictate te you what those numbers are, but I think we'd rather see a revised survey with a drywell, if need be, for the type of pool. MR. VESTGOM: Okay. MEMBER WEISMAN: I don't any -- do we have any details installation is in the file? seeing that. MR. VESTGOM: I have I guess, the Trustees browsing through this be a gunite pool. MEMBER WEISMAN: drywell. think we have on what the pool I don't recall it in my file from, had required. I was this morning. It will Yeah, it does say MR. VESTGOM: In the driveway, right? MEMBER WEISMAN: Alright, in the actual you have the drywell located on the actual survey. MEMBER SIMON: Right, right, right. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold - December 4, 2008 MEMBER WEISHAN: Okay, that's good. Thank you, I take that back. I was looking this large hand drawn thing. MR. VESTGOM: I didn't another survey. MEMBER WEISMAN: Yeah, there, that's fine. BOARD ASST.: There is the depth of the pool. know if there was there is a survey no spec showing MEMBER WEISMAN: Right. There's no specifications on the pool whether it's vinyl or gunite or whatever. MR. VESTGOM: I can provide those to the Board. MEMBER WEISMAN: That would be great. The other thing that I do want to point is in your reasons for the area variance, reasons for the appeal, point 3, the amount of relief requested is not substantial. You say that you think it's not substantial because of the vegetation; however, the vegetation is an issue of screening, relative to the Code both of these variances are substantial. They're, as Michael said, about 40 -- as applied for, you know, as you've applied for them. The Pugliese Court Reporting and Transcription Service (631) 878-8355 27 at 1 2 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold 28 December 4, 2008 front yard setback would be a 40 percent variance and the lot coverage would be about a 30 percent variance. Those are substantial variances. So whatever you can do to reduce them is to your advantage, I think. MR. VESTGOM: So could the Board suggest a pool size they would be more comfortable with? MEMBER SIMON: We don't -- MEMBER WEISMAN: Well, you can. CHAIRMAN GOEHRINGER: I think you have great flexibility with a gunite pool. MR. VESTGOM: Certainly. CHAIRMAN GOEHRINGER: I mean greater flexibility than anybody has. MEMBER WEISMAN: It could be rectangular, but it can be freeform. You can scoot it, you know, closer to the house. It's a matter of design, too. I mean the house is very horizontal and geometric and they perhaps want that flat plain to remain aesthetically, but BOARD ASST.: We could ask for a couple of alternative diagrams. MEMBER WEISMAN: Yeah, you could -- Pugliese CourtReporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ZBA Town of Southold 29 December 4, 2008 BOARD ASST.: Talk to your client. MR. VESTGOH: Okay. MEMBER WEISMAN: That's an idea. Yeah, maybe show us two or three proposals and then we'll discuss it. We can perhaps leave the hearing open until you come back. CHAIRMAN GOEHRINGER: Just let me mention this to everybody. We are recessing, mandatorily, at 10:05 and I would like to either bring this to a close by then with this gentleman and -- MEMBER WEISMAN: Yes, we can. MEMBER SIMON: Yes. BOARD ASST.: I just wanted to ask one question. We got a letter late this -- early this morning, which is rather late in the process and we faxed it to your office early this morning. I have an extra copy right now, it's a neighbor who has concerns and it was added into the file. CHAIRMAN GOEHRINGER: A question to the Board is Jimmy you haven't spoken, Ruth, you haven't spoken, do you want to speak now? MEMBER DINIZIO: No, I don't have anything to say. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 3O ZBA Town of Southold - December 4, 2008 MEMBER OLIVA: I agree. I mean I think it could be moved closer to the house because if you have people walking by, you're full exposed. You might have an audience out there and it reduces the lot coverage, too. CHAIRMAN GOEHRINGER: I mean there are a phenomenal amount of variables. Is there anyone here that would like to speak either for or against this application? Okay, if there's no one here, I think we can pick and choose a time to, you know, basically hold this hearing at another time. MR. VESTGOM: Yeah, I would request we would adjourn it so we can come back with some alternate plans -- BOARD ASST.: How much time would you need to get back to the office with the written plans? MR. VESTGOM: Not too much time. Uh, when is the next -- BOARD ASST.: A week, months? MR. VESTGOM: When is CHAIRMAN GOEHRINGER: BOARD ASST.: a month, two the next meeting? January 8. January 8. Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold 31 December 4, 2008 MR. VESTGOM: sufficient BOARD ASST.: week before that. MR. VESTGP,: BOARD ASST.: December 27. MR. VESTGOM: That would be more than if there's room on the agenda. You'd have to submit it a Okay. -- which would be around We can do that. CHAIRMAN GOEHRINGER: We just want you to be aware that these calendars are extremely busy. Okay? BOARD ASST.: Tight. CHAIRMAN GOEHRINGER: So we are going to make that attempt to put it on, on January 8. MR. VESTGOM: If not, I can only ask that you put it on as soon as you can. MEMBER SIMON: The reason why we would not offer you a number is because the Board is five different people who have not conversed on what that number would be -- MR. (INAUDIBLE): Just trying to make it easier for myself. MEMBER SIMON: Oh, fair enough. CHAIRMAN GOEHRINGER: We'll make a motion closing the hearing -- no, excuse me, Pugliese Court Reporting and Transcription Service (631) 878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 ZBA Town of Southold - December 4, 2008 recessing the hearing until the February meeting. BOARD ASST.: February 19th, Thursday. MEMBER WEISMAN: Thursday the 19. MR. (INAUDIBLE): February 19. BOARD ASST.: Thursday, it's a Thursday. CHAIRMAN GOEHRINGER: What do you want to say, 1:307 BOARD ASST.: I would say 1:30, yes. CHAIRMAN GOEHRINGER: MEMBER SIMON: What CHAIRMAN GOEHRINGER: Okay. is it? February. MEMBER SIMON: February, oh. CHAIRMAN GOEHRINGER: I offer that resolution. MEMBER WEISMAN: Second. HEARING #6220 - Franeker Investments, Inc. MEMBER DINIZIO: "Request for Variance under Section 280- 15, based on the Building Inspector's September 4, 2008 Notice of Disapproval concerning a proposed new accessory structure (after demolition of an accessory building) in Pugliese CourtReporting and Transcription Service (631)878-8355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ZBA Town of Southold 42O December 4, 2008 I, Denise Gasowski, certify that the foregoing transcript of tape recorded Public Hearings was prepared using four-track electronic transcription equipment and is a true and accurate record of the Hearings. Signature Denise Gasowski Agency Name: Address of Agency: Pugliese's Court Reporting and Transcription Service 4 Saddlebrook Lane Manorville, New York 11949 Date: December 24, 2008 Pugliese Court Reporting and Transcription Service (631 878-8355 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.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings 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~ DECEMBER 4~ 2008: 9:50 A.M. LLOYD KAPLAN #6221. Request for Variances under Sections 280-15C and 280-124, based on the Building Inspector's amended September 2, 2008 Notice of Disapproval concerning an accessory swimming pool proposed with a front yard setback at less than the code-required minimum of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on this buildable area of 14,679 square feet adjacent to the Long Island Sound. Location of Property: 105 Soundview Avenue, Southold; CTM 1000-50-2-3. 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: November 13, 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 Re: Proposed Swimming Pool at 105 Soundview Avenue Extension Lloyd Kaplan 50-2-2 November 29, 2008 To whom it ma.v concern:: I have a home at 275 Soundview Avenue Extension and am exlremely distressed to hear about another problem on my street. We pay high taxes for a beautiful, rustic, beachf~nt area by the lighthouse. Much of the beauty has been destroyed by the addition of a large unattractive brick house at 3400 Lighthouse Road. It crowds its lot and falls into the road. This house is an eyesore and impedes neighbors' views in all directions. Next to a lovely landmark, Horton's Point Lighthouse, it seems poorly zoned, indeed. To add next door at 105 Soundview Avenue Extension another overcrowded eyesore in theform ora crammed in swimminE pool would be a shame. It will look like a motel with swimmers in the front yard. Not only will it destroy the lreasured sense of natural privacy and charm, it will undoubtedly add to the noise level. There have already been problems with drainage and overflow from 3400 Lighthouse Road, and I would be afraid this too would interfere. More importantly, once the charm of the neighborhood goes so will the quality of the Town and so will the buyers. I hope that this will be avoided at all costs. Thank you for yom kind attention to this matter, Sincerely, Terril Gagnier Robertiello Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Certified Mailing November 18, 2008 Emalin Karam 175 Soundview Avenue, Ext. Southold, NY 11971 Re: Situate: SCTM #: KAPLAN Application 105 Soundview Avenue; Town of Southold, New York 1000 - 050 - 02 - 003 Dear Neighbor(s), This Firm represents the owners of the above referenced property, which will be the subject of a Public Hearing before the Southold Town Zoning Board of Appeals. Said Public Hearing will take place at Southold Town Hall, 53095 Main Road, Southold, NY on Thumday, December 4, 2008, at approximately 9:50 A.M. Therefore, in accordance with Town Code, please find enclosed herewith: copy of the Legal Notice concerning subject application; Copy of the Survey of subject parcel, prepared by John C. Ehlers, Land Surveyor, last dated August 20, 2008; Kindly review the enclosed items and should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you in advance for your attention and courtesy. Sincerely, Encl. Cc: Mr. Kaplan APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva Jmnes Dinizio, Jr. Michael A. Si~non Leslie Kanes Weisman http://southoldtown.nor th fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD 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 XIV of the Suffolk County Administrative Code: ZBA File #6221 Action Requested: Within 500 feet of: Owner/Applicant: KAPLAN Front yard 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, Gerard P. Goehringer ZBA Chairman Encls. #9111 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 27th day of November, 2008. ~rincipal Clerk Sworn to before me this / day of ~' 2008 LEGAL NOTICE SOUTHOLD TOWN ZONING GEYFZ #6218. Request for a V~riance under Secl~on 280~116A(2) based on the Building. Inspector's J'un~ 10, ~008 Notice of Disapproval .~oncerning an as-bu t deck as rqconstruged with aset- back at less than 100 feet from the ordi- nary bigi~zwater mhrk of t!~e Lon~ f~l~nd Sound. at. 1580 Leeton Drive. Southold: CTM 1000-58 2-5. 11:15 A.M. FRANK SCAROLA 86227. Requests for: Ilt a S~)ecial Ex- ception under Section 280-13B for con~ version of'~n existing Building to a two- family gwelling~n¢ (2)V~ri~.nc~s.i~d~r Se~tlons 280~13~· mid 2§~07. Lg, based on the Building 2n~eCtoi-'¢ ~'rh~d~d~epz tember 10~ 2008 Notice'bf I~isappmvaL stat ng tha (al. convers 6rr oi~ t~o hcc~s: sory buildihgs for us~s w~ne'st6r~g~ is a non-permitte~l use.~nd (h) that the lot siz~ ~s required to be ~_69,000 squatS'feet for a two-family dwelling~ Zone D~stnct: Agricfilturhl-Conser,3A't[6~,~: Zbffe :, trict. Loca~i0n of' PropelW: 4850 Sound CHRISTINA VOLINSKI NOTARY pLIBL~C-STATE OF N~-W yORK No. 01-VO61 05050 Quo~lfted in SuffOlk CounW ; 9:30 A.MrL7 E:ON~D m~d¢l~, ,A.~ E E DADDONA t~' 62~5~7 R~que~t I~oi~.,a Vari- ance under Secfi~80-IS.~ ffa'sed on the Building Inspector's September 9, 2~8 Notice of Di~rova[ c6~e~thg ~- ~osed s~vim~n~g}~b[ cbnsU'uc~:~ ~ ~ard other than a re~ yar~thq property as wo front yards and t~o' s'de yardsJ. Location of Property: 1380 ~lves Neck Road. Southold: ~ 1~63-7-25. 9:40 A,M. VICKY GERMAISE ~6226. Request for a Variance under Section 280'124. bald'on the Bulldog rgquncei~, mmlmura of. 515 feet,, .Indian Neck Lane. Pecomc: G'I~M 1000- 1:00 ElV};'5~: TAGI,~S~#6231. Re- quest for a~ihffce uhd~¥'~ections 2§0- 22A ancL2~O-J.24 based on the Build- no I~snector s revised SeptemlSer 18 2008'Not~ce"l~ffD~sapprOval cOpqernmg a 15rop0sed n~ ~dwetliph~afler d.e~pl tion of th6' el]~iifig build~fi~'g, ~hich flew cofis/~ucti~3fi:4vh[ fi'reat~ ~ h~' degmd '6f nonconformance hnd,:q001kscro~t~ an th- crease n~ thd degree o£non~nformance less than the code required minimum of Inspector's Sep[ember 5 2008 Notive of 40 £eor on thiu parcel commn ng.21~322 D sapprova concerning a proposed kd~ s~;~r£~t ~L~cation~ol-pronertv:' 695 &t~on whmh vCill be [ess than the'code~ ~6~,A~enu~ la,da ~50 Bennetts reqmred m~numtmr, of 50 feet for the rear Lsne), SouthOld~ CTM~70:8:_~_~:{ yard-sethack, at 345 Bunny Lafi4FN~'[~ ' i:10, p.M~LROMANE~'~nR-EALTY 780 40B(2) 1:30 PM. Cungnued Huanng - STEV[' and OLGA TFNEDIOS 06198 · ~ ' ad acent m Grea - Y' ' .... ' ' - ' ~- ..... e }~esitate io ~ontact our 'bfficc at (631) 2:05 . EM,..?~,A.~ o ~ * v~* Var on onds~eel ~catiod dfPropert~:9945 76521~9, or by emaib Lmda:Kow~ki~ s uct,on is not pemfittcd tor thc follow ~ fi~g?: S~cti6hs ~qg9 and ~ Main Road (~S Route 25) and Facto~ Town.Southold.ny.us. ' on the Bu~d~ I~ eclats Avenue, Matt tuck ~M 10~-142-I~2% Dated:November 13,2~8. ' .~ nexx goods,or5 braid,rig will bolh be less 509~}~,. .... ' ~ ~'~;~' '3"(' 7nne B ~*r ri' efleraLBus~ess ZONING BOA~ OF ~PEALb than 15 tect on a single sMr' vilrd and tu a~g~aed:~Epte~ber~o~:.~I~- ~-.- ~'~*'--' B:Q . ' ~ GERED R GOEH~GER; as de vaid~ less than 35 feet: (2)thc ac Dig~prohl '¢6hbe~n~p?~ ~-, c.-~ B?r¢ Sf Appe~ ;~il~e~l .... ~C~IRMAN sro . - .' - .c > - o~,,.;a. ~* each hear- 53~5 Mmn R a~ ( ~, ~ . a second d~rclhng; (3) the accessory ga store).~e,reasonsstat~d.foydlsapp[ov-' ~elore ~n~ ~,,~o.~7 ~- :earl er , - EO)Box~79 r ~ge bu ding wgl be less than [~ feet on ~g the buildMg p~it ~ppfi~tiog ~y~: rog. Eac~.neanng ~1 no~ start il S0uthold,NY 119714959 27th°~'u ,~toaper once each week for 1 week(~): ...... = ..... y ~u.~..o,,~u ,. day of_November, 2008. -- successively, commencing on the Principal Clerk Sworn to before me this 2008 LEGAL NOTICE SOUTHOLD TOWN GEITZ #6218. Request fo~ a Variance uader Sec[ion 280:H6A(2) based the Building~ lnspector,~ Sune~ 10 2008 Notice of Disapproval~:e0ncern~ an $~r b6ilt deck as r~fionstructed w th a se - b~c~ ot l~s th~n,~[oo feet fro~ =th~ ordi - haig higl!~wat e~ nqfirk 6fthe Ldn~ i~lahd Sbllhd; ~ 1580 Lee On 12~r V¢~ S6~h0 d~ ~ i000:58-2:5: ll!15:XM FRANK SCAR©L~A~ #62271 R&Juests for: (1)a Specihl E~? ception under Section 280;13B for c~h ver~ioa o~ e[i~t~g Building to a t~0~ fmfly dWe Mg;~fid (2) so~ buildiggs ~o~:uge~ wihe~tbV~[ a non~pemitted use;~n~ {h) that ~fie 10~ CHRiSTiNA VOLINSKI NOTARY pUBLIC-STATE OF NEW YORK NO. O1-V06105050 Qualified in Suffolk County fince .a Varb !:00 E ~ ~O~ ~6231. Re. hosed ~wimmi~7 ~ g p~ - lng '[~S~etO~'~ ; ~ ,._ _ . h~ e s a proposegno~ dwelhn~j~ger demoli- requiredmin~b~S0idei'[orih;7~; ~5~¢~e¢~ (~a~e~btts 2go-lsc :md 280 124 based on thc Blfilcfing lnspectr~rs amcncled Septcm- be~ 2. 2008 Notice of Disapproval con- cern[ng an icccs$oly swimming ploposed x~itg a front yard setback at dermdition of an ~;ccessolv building) in buildings on this 63338 square foot lot in a [ B [imited Business Zone [)ist~ (I) pursuant to thc Bulk Scllcdulc. in the Limited Business (LB) Zone (2) proposed Building gl ~s m~t pei- (3) proposed Building #1 ~s not right o£-way of NYS Route 25: (4) proposed Building #2 is not (5) prop(ised building #3 is nor per 280-40B(2) STEVE and OLGA TENEDIOS #h19,'I CTM 1000 34-4 1$ adiacent to the Lon udjaccm 1o Great Pecohic Bay: _ ~-rear yard at 16ss than 35 feet; (3) ~v ing If you have questions, please do not 2:05 EM. GAMA PI~(SPERTIES begre~terthan601inearfeeto~frontage hesitate {o Contact ~Ur ~ffid~ at (63t) (7~[~..~{0re):,~62~9. Re~ueSt ~or Vari: 0nbdeCt?eet.~fit{~hdfP;bp~;t~9945 %3k~809 6i-b3~ma ;i ndaKdw~sk~¢ ~ ~ Se~h~ 7~q~ ~,~ Mai~ R0~a (N~g ~oatd ~5) ~n3 Pa~t;~ To~v n.S ou t h old.ny.u s.'~ ' 5Q~ed on th6 Bfiild~'$~[?~7 Avenue, Matt tuck ~.10~d~t-l=2Z Dated: November 13 2~8. ~h~ ~t ~-~¢t: ~ Distfici~ B,oenerat Business2 ZONING BOARD ~F ~PEALS D!~o~r0~aF'~fi~TJ~kB~oS~a~'~fiz ~ -~e Bbard;bf Ap0~I~ will h~dr an - GERARD RGOEHRm~R; ~itions ~hd almr~iofis iff ~nvgffing;~fi~ p~md~k, o~ tfieir .repr~sd~tli veg, deg ~ :: , ¢. C~AN ex~ting :~al gta{lofi afi~ ~n~6nlen~ ifigt0 be h6&d at:d~efi fi6a~g- ~n~6t B~LiNDA Kow~Kt ~t6re~ses to a mnven~encb-more (r6uil d~i~g !6 k~¢~it Wfitf~fi ~tfitemefits 5i375 Ma~ store).~e xeas0ns stat~ for d sapp~6w b~f6re: lh~ ~clufi0fi zof eaefi: h~ar- 55095 Ma~ R6a~ ~Mai~ ing (fie bfiflding permii;~PP~mfibh ~ ing. Each heating Will not star(earlier ~' that ~e ne~ ~n~t~tloh: (1) ~li h&W ~' th~ designated above. Files are avaib S6uthold NY 11971:0959 single side yard at less ~an the code re-' able for review during regular b~ine~s 9111 -IT 11/27 quired m~mum of 25 fee~; (2) wffi have hours an~ prior to the day of the hear- ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Namegf Applicants) CTM Parcel # 1000- AFFIDAVIT OF MAILINGS COIJlqTY OF SUFFOLK) STATE OF NEW YORK) New York, boing duly sworn, depose a~d say that: On the_~day of ]~fftg~/~.~ ,-2,~l~, 1 personally mailed at the United States Post Office in~e4~, New York, 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 ~X)/Assessors, or ( ) County Real Property.Office ~ , , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Swqr~ to before me this /(Notary Public) M~tthew DIvans Notar', P~blie of [']( ¢¢ York Ix.o 01 :'vt~053[~59 Qualified ir' SurtoJk County Comm~ssiort Expires January 22, 2011 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmbers next to the owner names and addresses for which notices were mailed, Thank you, Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President November 20, 2008 Ms. Linda Kowalski, ZBA Secretary Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re'- Situate: SCTM #: KAPLAN Property 105 Soundview Avenue; Town of Southold, New York 1000 - 050 - 02 - 003 Dear Ms. Kowalski, As you know this Finn represents the owner of the property referenced above who is scheduled for a public hearing with the Zoning Board of Appeals. As required, please find enclosed: 1) Affidavit of Mailing, dated November 18, 2008; with attached certified receipts [one original and one copy], along with a list of adjacent property owners. Please note that the green cards will be submitted at a later date as they come in. Should you have any questions, please contact this office. Encl. Cc: Mr. Kaplan ADJACENT PROPERTY OWNERS Bruce Garritano 7850 East Main Road East Marion, NY 11939 $ctm# 1000-50-2-2 Emalin Karam 175 Soundview Avenue, Ext. Southold, NY 11971 SCTM#1000-50-2-4 Vassiliki Paleos George Pateos 3150 Lighthouse Road Southold, NY 11971 SCTM#1000- 5 0-4-1 Southold Park District Atto: Linda Bertani P.O. Box 959 Southold, NY 11971 SCTM#1000-50-1-11 Daniel Rosenblatt James Pritchard 3225 Lighthouse Road Southold, NY 11971 SCTM# 1000-50-3-1 ,~ F q"~!:; t A L r--~ RetUrn ReCeipt Fee ~ .~0 U E (Endomemem Required) ~ Total P(3a~)e & Fees $2,20 aim r. r~ ~:"1 ~"! A L (Endolsement Required) ~ To~ Po~g. & Fee. ~.q9 , r-* (Endomeme~tRequlmd) Return Rece~ Fee 11/1~ TOtal Postage & Feet $ [ ~E*kC{AL USE 11/18/20~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as IO00- COUNTY OF 8LTFFOLK) STATE OF NEW YORK). , New York, being duly sworn, depose and say that: On the~day of~i~_ ~, 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) - Pacing the street or facing each slreet or right-of-way entrance;* and that i hereby confirm that the Poster has remained m place fo~i~gv~n d..~.s 12.0_o_r tt/fi/at date of the subject hearing date, which hearing date xvas shown lo be ~ ~'~ [ ~ . /' ,~Notary Public) Matthew D. Ivans Notary Pubhc of New York No 01 !V6¢)53859 Qualified ir~ S, ftoik County Commission Expires &nu~ry 22, 20/I *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: If YES, enter delivery addre~ DYes 3. Service Type [~ifled Mall r-I Express Mall [] Registered [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restdcted Dellv~y'? ~ Fee) r'l y~ 2. Altlcle Nur cr~r fr. 7005 3110 PS Form 3811, February 2004 0003 0247 5408 Dor,~ P,~um Reo~pt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature Type ~C~fled Mall [] Express Mall [] Registered [] Return Receipt for Memhandlse [] Insured Mall [] C.O.D. Restr~ted Delivery? ~xtta Fee) [] yse 7005 3110 ~ PS Form 3811, February 2004 0003 0247 5415 - Domsstlc Retum Receipt /~'~/~1~ ' ~-1540: · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and addmes 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: d L i ~ F_.. oOT d ~ ,¢ ~J z~ i'-I Agent D. Is delivery address d hg~emm from ~ ~ ?/[] ~e~ ~'~;~ [~Certlfled Mall [] Express Mall [] Registered [] Retum Recalpt for Memhandlse [] Insured Ma~l [] C.O.D. 4. Restdcted Deliveey? (Extra Fee) [] yse 2. Article Nun ,m,,,,,,~.,, .~ ...... 7~05n 3110 0003 0247 5446 PS Form 3811, February 2004 102595-02-M-154~ · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addr6~sed to: 2. Article Numbe~ (Tre~ ~rom eerv/~ 7005 PS Form 3811, February 2004 DAgem D. is delivery address d Yes if YES, enter delivery address below: [] No [~'Gertiflad Mail [] Express Mall [] Registered [] Retum Receipt for Membendise [] insured Mail [] C.O.D. 4. Rest~ictad Deliver? {Ex~a Fee) DYes 3110 0003 0247 5330 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 3. Service Type ~rtffJed Mall [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivep~? (~xtra Fee) [] Yes [ PS Form 3811, February 2004 Domestic nmum Reoaipt L Received by (Fttnted Neme) ~-- I '~"'D'~t~aect Deliver/ I D. isdaiive~yaddreesdiffem~f~m ife~ 17 [] Yes If YES, enter delivery address below: [] No 7005 3110 0003 0247 ~365 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER, STREET /(~...,~ VILLAGE DIST. -...: SUB. LOT ~;' FOR/~EI~ OWNE~_ ' . E -~K ~, Pri~l 4 ~' S W ~PE OF BUILDING I ~10~. W s~s. VL. KARM CO~. CB. MlCS. Mkt Value ~ND IMP. TOTAL DATE R~RKS , . I / AGE BUILDING CONDITION ~ ~ N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acm Tillable FRONTAGE ON WATER ~ ~ ~ ~ ( ~ ~ ~ W~land FRONTAGE ON ROAD MeadOwl~d DEPTH ~ ~6 ' ~ / Hou~ Plot ~, ~ BULKH~D Total D~K COLOR /~/~/~, TRIM /t~'~/7- M. Bldg. Exteneion Extension Extension Porch Porch Foundation Ext. Walls Bath Floors Interior Finish Heat Breezeway Fire Place Garage Type Roof Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway Oo Total Dinette DR. BR. FIKh B ~¥ ~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.north fork.net November 13, 2008 Code Chapter 55 - Public Notices for Thursday, December 4, 2008 Hearing Re: Town uear~~: 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 November 20th 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_J owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durin.q the hear n.q, providinq the returned letter to us as soon as possible; AND not later than November 21st: Please either mail or deliver to our office your Affidavit of Mailin.q (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 November 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by us by December 2, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME KAPLAN, LLOYD #6221 MAP # 50-2-3 VARIANCE SETBACK & LOT COVERAGE REQUEST ACCY. INGROUND POOL DATE: THURS, DEC. 4, 2008, 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 LON6 ~'~'~Real Property Tax Service AgencyI I ~ NOTICE ~ COUNTY OF SUFFOLK Q j~ SURVEY OF PROPF:RT"r' SITUATE: 50UTHOLP TOi, qN OF 50UTHOLP ELIFFOLK C, OUNT'F, N'r' 51,Ji~V'~-'F~P AUE,~..~"r ~, 2oo'i' F:~.Ot:~ AGTION.~ .JAN. .5UFt=OLK C, OUN'r'¢ TAX # Long Island~_ Sound N Sound View Avenue · I"IONOH~NT AI~.EA = 2~>,04~ 5. 1=. OR O.-,=q-tq TORO REF:ERE~NC.,IE~ TO N~VD' 2q DATUM GRAPHIC SCALE ~"=A0 ' 0 4O 80 ~20 JOHN C. EI-ILF~RS LAND SURVEYOR 5URVEYL=~ AIK..-I~T D, 200'/ PROPOe-oE~ A6TIOf~5 .lAN. 2~, 2008, CEHL ADDED HAY 20, DITE DATA ~T ~.O, 200~ SUFFOLK. C, CI,INTY TAX # Long Island Sound S~TE DATA: Sound View N S Avenue · IqOItJI~-NT F-(lf[~ AREA = 26~04~ 3, F. Of~ O25q'/q Acres TOPO REPERENGED TO NE~V~' 2q DATUI'~ GRAPHIC SCALE :J. "=40 ' ~0 JOHN C. EHLERS LAND SURVEYOR 0 40 80 OoL , ! APPROVED BY ~,OARD OF TRUSTEE5 TOWN OF $OUTHOLD SEP 1 5 ~008 ~¢~,~p,F) OF A~PEAL$