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HomeMy WebLinkAbout6238 80 Lakeside THOFIASHZ~GINS Const~uc% deck addition to dwellin~ with meductionof fmontyamd setback f~om Cedar P~int Dr.E. AGTIO~ DA~E: 8/1~/8~ APPEALS BOARD MEM Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMIN.4h!~OId TOWll Clerk MEETING DATE: ,JANUARY 22, 2009 ZBA # 6238 - JACQUELINE MOSKOWITZ, Applicant PROPERTY LOCATION: 80 Lakeside Drive and Cedar Point Drive, Southold CTM 1000-90-3-14 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 has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply states that the 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 14,118 square foot nonconforming lot in the R-40 District and is improved with a single-family dwelling with attached carport and accessory in ground swimming pool. The irregular, triangular shaped lot has two front yards and measures a total of 192.05 feet along Lakeside Drive, a total of 161.36 feet along Cedar Point Drive, and 134.68 feet along the rear yard. BASIS OF APPLICATION: Request for Variances on this 14,118 square foot lot, under Zoning Code Sections 280' 122 and 280-124, based on applications for building permits and the Building Inspector's August 22, 2008 Notice of Disapproval, and Zoning Code Interpretation ZBA #5039 (R. Walz), concerning construction of a pergola, fence height, swimming pool, and as-built carport structure, for the reasons that: (1) the proposed pergola to be added to the dwelling structure is not permitted because such additions/alteration will constitute an increase in the degree of nonconformance (nonconforming rear yard setback and front yard setback, see ZBA #3255 of August 14, 1984; Page 2 of 4- January 22, ZBA # 6238 - Jacqueline CTM Parcel 1000-90-3-14 (2) the fence is not allowed as per Conditions under ZBA #3950 dated July 11, 1990 which states: the fence and any screening shall not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of 30 feet from the corner of Cedar Point Drive to 30 feet from the corner of Lakeside Drive shall remain open and un-vegetated; (3) the existing swimming pool under Building Permit #19275 issued July 27, 1990 is located at less than the required minimum of 22 feet under ZBA # 3950 dated July 11, 1990; (4) the existing carport shows setbacks from each the front yard and rear yard at less than the code-required minimum of 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 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 proposes: To construct a 14.1 ft. × 18.8 ft. wooden pergola/sunscreen to sit above a part of an existing wood deck which will maintain the existing non-conforming 28.2 ft. front yard setback from Cedar Point Drive, and the existing non' confbrming 16.3 ft. rear yard setback, To construct a 6 ft. high decorative wood fence approximately 90 Linear feet on Cedar Point Drive and approximately 90 linear feet on Lakeside Drive which is not permitted in front yards and by virtue of the previous ZBA Variance #3950 (see above), To obtain a variance for the as-built accessory swimming pool that was built at 20.8 ft. from the property boundary along Cedar Point Drive in error of the building permit and variance previously granted at 22 ft. (see above), To obtain a variance for an as-built carport with a non-conforming setback of 25.7 feet from Lakeside Drive and a nonconforming rear yard setback of 15 feet, as shown on the 9-04-08 diagram A-1 prepared by Boulevard Planning, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variances for the proposed pergola and as-built swimming pool and carport will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Page3of4 January 22, ZBA # 6238 Jacqueline Mosko~vitz CTM Parcel 1000 90 3 14 a) The proposed pergola is a light structure that will maintain the current non- conforming setbacks of the as built deck and will not be visible to nearby properties because of the existing heavy vegetation. b) The accessory pool is as built and has existed since 1990 by virtue of an error in its placement during the original installation. Granting a variance to legalize the existing location will not change the character of the neighborhood. c) The as-built carport is attached to the house, and is a small (20 ft. x 12.4 ft.), light weight, open structure that is located in a logical relationship to the driveway, house and Lakeside Drive. It has a reasonable setback from both the street (25.7 ft.) and the side/rear yard (15 ft.) and has no adverse visual or environmental impacts on the neighborhood. Grant of the variance for the proposed fence will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property is a corner lot that has two street frontages and an odd triangular shape. As such, it is seen by many other homeowners traveling on those streets. The neighborhood has a very open, rural feel to it, and no other 6 ft. high fences are in the immediate vicinity. The applicant has done extensive plantings to create privacy for their pool and, like other homeowners in the neighborhood, has added high post and wire fencing for deer control. It is the Board's feeling that a solid wood fence that is 6 ft. high in the applicant's two front yards would not be in keeping with the character of the neighborhood and upholds the previous ZBA Variance g3950. 2. Town Law §267-b(3)(b)(2). The benefits sought by the applicant for a proposed pergola and as built carport and swimming pool cannot be achieved by some method, feasible for the applicant to pursue, other than area variances because all of the variances applied for are already related to existing non-conformities. The benefits sought by the applicant for a proposed 6 ft. high solid wood fence in two front yards can be achieved by some method, feasible for the applicant to pursue, other than an area variance because additional privacy for the pool area can be achieved through creating a berm and additional plantings on the applicant's property. 3. Town Law ~267-b(3)(b)(3). The variances granted herein are not substantial with regard to the as built carport, as built accessory swimming pool and proposed pergola, but is substantial in terms of the proposed 6 ft. fence height where the code permits a maximum height at 4 feet for a fence in a front yard. 4. Town Law ,~267-b(3)(b)(5). The difficulty has not been self-created with regard to the as-built pool and proposed pergola but is the result of a very oddly shaped lot with two front yards. The difficulty has been self-created with regard to the as-built carport and proposed wood fence since the carport was built without a permit or the Page 4 of 4 January 22, $ ZBA# 62',38 gacqueline Moskowitz CTM Parcel 1000-90-3-14 possibility of conforming setbacks and the applicant chose to install a pool in their front yard where the code does not permit a 6 ft. high fence. 5. Town Law §267'b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Variances for the proposed pergola, as~built pool, and carport will not involve any grade changes, excavation, filing, and/or clearing done to the property. 6. Town Law ,~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a carport, accessory pool and pergola, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member , and duly carried, to GRANT the variances as applied for regarding the proposed pergola, the as- built carport, and the as-built swimming pool, as shown on Sheet Number A- l dated 9-4-08 drawn by Boulevard Planning P.C. Architects and submitted by Peconic Permit Expediting, and to DENY the variance as applied for regarding a proposed 6 ft. high wood fence as shown on Sheet Number A'I dated 9-4-08 drawn by Boulevard Planning P.C. Architects and submitted by Peconic Permit Expediting. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Oliva, Simon, and Weisman. This Resolution was duly adopted (5-0). RUTH D. OLIVA, VICE CHAIRWOMAN 2/6/2009 Approved for Filing 5URVE'r' OF: LOT &l "50t~DIVISION HAP OF CEDAR BEACH PARK" FILEP IN THE OFFIGE OF THE C, LEPJ< OF SUFFOLK CO~N~' ~C. 20, ,~2~ AS MAP NO. 40 SITUA'I~: BA~VIE~I TOINN. ~OUTHOLO 5UFFOL<. GOUN'I"¢, N"r' 5URVE'CEp, ALY-_~L~T 05, 2OO6 SUFFOLK C, OUN'FT TAX # 1(2OO -40- ~- 14 ~'ACQURLII~ A. I~OSKOWETZ N ~00% c HOus~ NOTES: LAND SURVEYOR RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver\pros\08\08-162.pro TO: FORM NO. 3 NOTICE OF DISAPPROVAL Jacqueline Moskowitz C/O Peconic Permits Expediting, Inc. 32645 Main Road Cutchogue, NY 11935 Please take notice that your application dated August 19, 2008 For a pergola, six foot fence, in-ground pool and "as built" carport to an existing single family residence; Location of property 80 Lakeside Drive Southold, NY County Tax Map No. 1000 - Section 9~0_0 Block 3 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed pergola (see ZBA grant appl.#3255 dated August 14, 1984) to this existing single family dwelling, on a non-conforming 14~118 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a rear yard setback of 16.3 feet and a front yard setback to Cedar Point Drive of 28.2 feet. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. The proposed fence is not allowed per the prior Zoning Board of Appeals grant application No.3950 dated July 11, 1990, which states "that the fence and any screening not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of 30 ft. from the corner of Cedar point Drive to 30 ft. from the corner of Lakeside Drive remain open and un-vegetated." The existing in ground pool under permit number 19275 issued 7/27/90, which has no certificate of occupancy, is located at 20.8 feet (not including brick patio)from Cedar Point Drive instead of the approved 22 feet per the Zoning Board of Appeals grant No. 3950 dated July 11~ 1990. Further, pursuant to Section 280-124 non-conforming lots with less than 20~000 sq. ft. the front and rear yard setbacks shall be 35 feet. The existing carport, on this 14,118 S.F. lot with two front yards, shows a front yard setback to Lakeside Drive of 25.7 feet and a rear yard setback of ,15 feet. . Authorized Signature Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Ad&ess: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 4,2009 Ms. JacquelineMoskowitz c/o Peconic Permits Expediting, Inc. 32645Main Road Cutchogue, NY 11935 Re: ZBA File No. 6238 - Application for Variance (J. Moskowitz Premises) Attn: Rob Lehnert Dear Mr~nert and Ms. Moskowitz: Please find enclosed copy of the Zoning Board of Appeals determination rendered on January 22, 2009. Before commencing construction activities, a building permit and Possibly other agency approval(s) would be necessary. Please be sure to follow- up with the Building Department for the next step of the application process. Thank you. Very truly yours, Copy of Decision on 2/4 to: Building Department owalski EXISTING PRIVACY FENCE TO REMAIN - ,odC~. po{~° 9\ poOL FRO?OSED 6' 0" IdEIGIflT ~ PRIVACY FENCE ous£ LiN F.__~~ ~ EXISTING CHAIN ~,~ ~. FENCE TO BE REMOVED LOT 81  LOT 104 SCALE: I "=20' ~ INffOPxMATION flOR PLOT PLAN TAKEN ffROM 5U~V~ BY~ JOHN EHLERS LAND 5URVEYOR DATED: AUGUST 2008 SITE AND ZONING DATA ZONING REQUIREMENTS R-40 EXISTING CONDITION~ PROPOSED CONSTRUCTION AD PER 280 - 124 LOTAREA 14, I leS.E, 14, 1185.ff. ffRONTYARDDETDACK 35.0 PT I 1. 5 PT. ¢ 20. & FT. I l, 5 PT. ,$ 20. & FT. REAR YARD SETBACK 35.0 ~[ ] 2. 6 PT, SIDE YARD SETBACK I 0.0 PT N / A N / A TOTAL ~ DOTH 51DES 25.0 PT N / A N / A MAX. G~.ODD FLOOR AREA 20% 33 I e S.ff. 23.5% 33 I D B.P. 23.5% MAXIMUM HEIGHT 35,0' FT 20. O' PT 20. O' PT THEt;~E Af~E NO Ot~.ADE CHANGES, EXCA'v'ATION, FILLINO, ~,N~/O~ CLEA~INC~ [~ONE TO THIS f=ROPEF~T¥ r_!5-~ol 16¥ 'ERGOLA TO BIT ABOVE EXIBTING DECK EXISTrNG DINING ROOM III Ill Ill III I/ I ~ I I 18'-10" PERGOLA PLAN SCALE: I/4" = I' 0" WEST ELEVATION 5CALZ: I/4" = I'-0" NORTH ELEVATION DCAL~: I/4" = ILO'' CENTERLINE Off COLUMN 2x8 CEDAR RAffTER (2)2x I 0 CEDAR I'- t" GIRDER ' >,, PERGOLA DEl'AIL SCALE: I" = COLUMN DETAIL 5CALF N.T.5. q. LJ CARPORT PLAN SCALE: I/4" = }'-0" PROPOSED PRIVACY FENCE & PERGOLA AT THE KASABA RESIDENCE 80 LAKESIDE DRIVE SOUTHOLD, N.Y. S.C.T.M. # 1000-90-3-14 REVISIONS DATE; BOULEVARD PLANNING P.C ARCHITECTS 671 FRANKLIN AVENUE GARDEN CITY, N.Y. 516.877.0400 PECONIC PERMIT EXPEDITING PHONE: 63 I .734.83G I ITIIESE PLANS AND SPECIFCATIONS ARE INSTRUMENTS OF SERVICE AND ARE TIlE PROPERTY OF PECONIC PERMIT EXPEDITING [NC INFRINGEMENTS WILL BE PROSECUTED DATE: 9-4-08 DR. BY:RWL SCALE: AS NOTED CHKD: PROJECT NUMBER SIIEET NUMBER 0819 A-1 Photo of Existing Car Port Photo of Proposed l.ocatim Proposed Location of Privacy Pool 1 encmg View fi'om West Proposed Location of Privacy Pool Fencing- View from East TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ,20 Disapproved a/c ~ 12~-10~ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mailto: Phone: Expiration Building Inspector ICATION FOR BUILDING PERMIT Date INSTRUCTIONS /'7 , 20 aR a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location Of !ot.and of buildings on premises, relationship to adjoining preinises or public streets or areas, and waterways. c. The work covered by this application may nos be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be OcCupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim; the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required.. APPLICATION IS HEREBY MADE to the Building Department for the issua'nce of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York. and other applicable Laxvs, Ordinances or Regulations, for the,construction of buildings, additions, or alterations or tbr removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, an~,t,o admit authorized inspectors on premises and in building for necessary inspecti~~~ J./~Sig~a~e o~aapp~ccant-or name, if a corporation) (Mailing address of applicant) ' Name of owner of premises If applicant is a corporation, signature of duly authorized officer State whether applicant ig owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder · (As on the tax roll or latest deed) (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License N~ }lSlOv '#31~ 1. Location of land on ~ ~ee~ork will be done: House Num~~ ~'~ Hamlet County Tax Map No. 1000 Section ~t5? Block .~ Subdivision Filed Map No. Lot ~ Lot 2. State existing use and occupancy of premises angl intended use ~nd occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition t>~ Alteration Repair Removal Demolition Other Work Estimated Cost Fee If dwelling, number of dwelling units garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. fi,//~t 7. Dimensions of existing structures, if any: Front Rear Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front i ..~._,,~_,~_Rear Depth Height_ Number o~Sl~1~ I 8. Dimensions of entire new construction: Front Rear : . . Depth Height Number of Stories ' ' 9. Size of lot: Front Rear Depth 10. Date of Purchase [ ~;~,~"' Name of Former Owner /-/~,~q / r~/5 11. Zone or use district in which premises are situated /~ - ~t g7 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO__ 13. Will lot be re-graded? YES__ NO X~ Will excess fill be removed from premises? YES__ NO ,,~ 14. Names of Owner of premises #I~',sACO ~z/'~-- Name of Architect ~Ju'~ Name of Contractor Address Address Address Phone No. Phone No ~'/['~'77- 0 qr~ o Phone No. 15 a. Is this property within 100 feet of a tidal ~vetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO ~ 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any poinf on pi:operty is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO )< STATE OF NEW YORK) SS: COUNTY OF ) /~ O l '~ ~ ~- ~ ~//-~ 4 being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, / (S)He is the //~ ~- ~o~,~ -~ tc (Contr~tor, Agent, Corporate Officer, e .) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge ~qllj~ the work will be performed in the manner set forth in the application filed therewith. Nervy ~Ll~.lt~lg OF NEW No, O~'MC6131514 Sworn to before me this /.,~ day of ,~.,~t~-4t 20 Oi:~L) $ ¢-a'r ')~yffblic ~ J FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector Town Hail Southold, N.Y. Certificate Of Occupancy No. Z13205 Date Feb. 8 ........ 1915.5. THIS CERTIFIES that the building New Dwelling ............ .~.~5 Cedar. Point Dr. East Southold La~keslde Dr. ' ........................... ~/,~r~/e ~' Location of Property ... '- ........................ Street County Tax Map No. 1000 Section 090 . .Block 03 ...... Lot .. · 0.1.4. .......... Subdivision Cedar Beach Park .Filed Map No..9.0. ..... Lot No. 81 conforms substantially to the Application for Building Permit heretofore filed in this office dated .... .J.u.l.~ ...... 2. .4 ..... 19,8.3. pursuant to which Building Permit No, .. 1..2.5.5. 5. Z. ............ dated ...... .A.u.q: .... 2. .7 ........... 19 .8.3~ , was issued, and conforms to all of the requirements of thc applicable provisions of the law. The occupancy for which tlfis certificate is issued is ......... New Private One Family Dwellin~ THOMAS & ANNE HIGGINS ........... The certificate is issued to ..................... io'a;nb), ~s~2~-'~'~ .......... of the aforesaid building. Suffolk County Department of Health Approval 13- SO- 9 0 N674764 UNDERWRITERS CERTIFICATE NO .................................................. Bnilding Inspector %'UF FOL.K CO. HE~L.T H DIEPT. ~ APPLICANT TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER 5-rREET ~ ~5 VILLAGE DIST. SUB. LOT ,~ / FOp, Nt~R O~/NER "" N EAC ~ '~ S W TYPE OF BUILDING ~ES. ~_/~ SEAS. VL FARM CON~M. CB. MISC. Mkt. Volue , 1 LAND IMP. TOTAL ,I DATE ',. REMARKS ...... tillable I , tillable 2 -ill.hie 3 V~dl~nd ;wampland FRONTAGE ON WATER lrushland ~O FRONTAGE ON ROAD ~ouse Plot ' DEPTH ~ ~ BULKH~D 'ot~l DOCK NEW YORK STATE DEPART~NT OF ENVIEO[~ENTAL CONSEEVATION A review has bean made of your proposal to: York State Department of Environmental Conservation ham found the _~_ parcel____ project to be: ~ Greater than 300' from inventoried tidal wetlands. Laudward of a substantial man-made structure greater than 100' in length constructed prior to September 20, 1937. Landward of 10' contour elevation above mean sea level on a gradual, nat- ural slope. .. Landward of topographical crest of bluff, cliff or dune in excess of 10 feet in elevation above mean sea level. Therefore, no permit under Article 25 (Tidal WelL%nde of the Environmental Conservation Law) is required at this time since the current proposal is beyond State mandated JUrisdiction pursuant to this act, However~ any additional work or medlficationa to the project ~k~y require a permit. It ts your responsibility to notify this office~ in writing, if ~uch additional work of modifications are contemplated. Very truly yours,i Regional Supervisor of R~gulatory Affairs ~JL:RNT:cz Fee: $ Office Notes: SCTM1000Section~ Block 3 Lot(s) /4- Lot Size /~t/ I/~ ~t~ Zone I (WE) APPEAL TI:[E WRITTEN DETERMINATION OF THE BUILDING INSPECTOR 22 - BASED ON MAP DATED 3'-5-- ag' Applicant(s)/Owner(s): MailingAddress: ~O~'' Telephone: Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative:P¢C~,,C t~rn,,> ~-ff/d~:(e~Owner, or ( )Other: Agent's Address: ~'¢~Z'- ]'~,~ /t~)~,~.~ ) ~m'~.~C~9..~,,~ Telephone '7.~ - ~3~f/ Fax #: ~ 4-.~ ~ ~'~ Email: 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 ~.ff- ~o~ . and DENIED AN APPLICATION DATED ~'-/t ~_ O~O FOR: ~ J~Buflding Permit ~Certificate of Occupancy [] Pre-Certificate of Occupancy D 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~'X! ]] Section 280- ] ~2 Subsection Type of Appeal. An Appeal is made for: ~.A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal~has, [] has not been made at any time with respect to this propertv~ UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) REASONS FOR APPEAL (additional sheets tnav be used with preparer's signature): AREA VARIANCE REASONS: __ ~.~_._~_.~O_ O~E~Ls (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been serf-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~No. [3 Yes (~lease furnish covvL 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 weffare of the community. Check this box ( ) IF .4 USE VARIANCE IS BEING REQUESTED, AN~D PLE.4SE COMPLETE THE .4TT.4CHED USE VARI.4NCE SHEET: (Please besu~~,~ (Agent must~S~bmit wTiUen A~tho~l~a~ion from Owner) Sworn to~xbefore me this da~ of ~_~Z200~. NOT~W PUILIC.ITATE O~ NEW ¥OIIl PECONIC PERMIT EXPEDIT Building / DEC / Variance / Marine 32645 Main Road · Cutch~ E-Mail peconicpermilsra)~optonline.net Ph 631.734.8361 ~ue, NY 11935 ~v September 8, 2008 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: Questions on Application Due to the uniqueness of this application, I will be addressing these questions to each of the four variance requests being made. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because; a) Pergola: Granting relief for a pergola will not produce a change in the character of the neighborhood as it is being proposed to cover an existing permitted deck. The scale and openness of the proposed pergola will only enhance both this property and the entire neighborhood. b) Proposed Fence: The proposed fence will be behind the setbacks granted in the previous variance, but will also be behind proposed plantings such as what exists currently. The existing plantings completely surround the subject property, and provide privacy, except in the winter months, and it also allows the deer to gain access to the pool area. My clients have spent large sums of money to landscape their pool area, only to have it destroyed by deer that can get over the fence. We feel that a privacy fence, 6 feet high will not provide any change to the character of the neighborhood, as during most of the year it will not be seen from the road. c) Existing In-Ground Pool: The pool will cause no change in the neighborhood, as it was granted variance relief previously, and the only reason that we are here with this part of the application is that the pool was placed in a slightly different location than what was previously approved. This structure will cause no change to the character of the neighborhood. d) Existing Car Port: This structure, although not permitted, has been on this house for a number of years with no complaints from the neighbors. It is a minor structure, and due to the landscaping, is not easily seen from the road. This structure will not cause an undesirable change to the character of the neighborhood. 2. PI:CONIC PI=RMIT I=XPI:DITING ~u~ld,ng / DEC / Variance / Marine The benefit sought by the applicant C~4NNOT be achieved by some m applicant to pursue, other than an area variance, because; RECE)VED ] a) Pergola: Due to the shape, size, and location of the subject property and house, any addition or alteration to the house will increase the degree of non-conformity of the structure. We were aware of this when we designed the proposed pergola, and in such propose that it sits atop a previously approved deck. We feel that this is a minor change to the non-conformity. b) Fence: Due to the shape, size, and location of the property, any proposed structure would have to be granted variance relief. c) Existing In-Ground Pool: Due to the location of the existing pool, located in two front yards, any proposal for this structure would need variance relief. d) Existing Car-Port: Due to the fact that this existing structure is located in one of the two front yards of this property, there is no way to legalize this structure without asking for variance relief. The amount of relief requested is not substantial because; e) Pergola: The amount of relief that we are requesting for the proposed pergola is for volume only, not setbacks or lot coverage. By siting the proposed pergola over an existing permitted deck, we are able to minimize the relief required. f) Fence: The relief needed for the fence is again minimal as we are asking for a change from a chain link fence to a privacy fence. The existing fence is already in it's location, but is not high enough for the owners of the property to realize their full enjoyment of their pool and yard. g) Existing In-Ground Pool: The amount of relief is minor as the pool was already granted relief previously, and the only issue is that it was built approx two feet over from where the relief was granted. h) Existing Car-Port: This structure is on the side of the house, which happens to sit on one of the two front yards, and one rear yard (no side yards on this property). The carport is a primarily open structure, and cannot be readily converted to living space. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the district because; a) Pergola: The proposed pergola will have no adverse effect as it is proposed to be sited atop an existing permitted deck. b) Fence: The fence will not have any adverse impact, as there is already a fence in the approximately the same location, and one is required by NYS code for the pool. c) Existing In-Ground Pool: The existing pool will have no adverse impact as this structure is not living space, and is open to above. d) Existing Car-Port: We feel that the existing carport will have no adverse impacts on the neighborhood, or the environment, as again, it is an open structure with the minimal amount of structure needed for it's stated purpose. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~'~'~ ~'7//~ A,9 ~ /~5 ~o~/4~- Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: /V/A RECEIVED 2 7- b23 ZON)NG ~OARD OF APPEgL£'~ H. New Construction Areas (New Dwelling or New Additions/Extensions): Dlmenstons of first floor extension: /tg~ r-~oJn~ Dimensions of new second floor: ~ A,'/~ Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured fi-om natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (aUach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Chan~es WITH Alterations: iV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: t9 ~o Square footage of your lot: /4,, I / ,,o Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting tile code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FHJNG WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [] Yes 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? t/l/d9 2) Are these areas shown on the map submitted with this apphcation? fi//tg] 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? /V/~1 Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~b/~ E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? /~/p (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? /~/p 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? /f/tO If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at th_is parcel tl~ ~ t ~9/4'~ or,~ and proposed use [~l~ff/~t~o t'~ (ex~istin_g: s~j~-family; proposed: same with garage or pool, or other description.) To{vn of Sou th old A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FOllY ~--~E~VE ~ i All applicants for permits* including Town of Southold agencies glt~C%~?e0sE~& 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 exem]~t 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 hst, policies and ~xplanations of each policy contained in the Town of Southold Local Waterfi'ont 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 pr/or to making a determination that it is consistent to the maxknum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LTM 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# ~ ~ ]~--- The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board ~] Building Dept. ~ Board ofTrustees [-~ 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~ermit, approval, license, certifi~hTi~r~i Nature and extent of action: .... Location of action: Site acreage: Present zoning classification: ~9_ Z~t~ 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: (b) Mailing address: ~",/.5~ /t/.e.,. ?o,-k / (c) Telephone number: Area Code ( )_ (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No,[~ If yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [--]Yes V--] NoJ~Not Applicable Attach additional sheets if necessary .... Pohcy'~y~:Pr~le~t and~r-~-~-rvelii~l~?i-c--h~d~r~laheo o[~glc~l resources'o~fThe oT-6~Xdouthold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes ~-~ No ~ Not Applicable Enhance visual quality and protect scenic resources throughout the Town of South01d. See 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 Applicable /i Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section llI -Policies Pages 16 through 21 for evaluation criteria 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 - Policiesl_Pages 22 through 32 for evaluation criteria. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See Pages 32 through 34 for evaluation criteria. [] Yes [~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. yes ?3 No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ No [] Not Applicable A~ach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. - ~-7]-ye~ ~]- No - Nq~ b t -3~-~lii-aq[ii~ . · ? Attach additional sheets if necessary ] ~' [ Pohcy 11. Promote sustainable use of living mar,ne resources in Long IslJnd S&a~°, t~e~l~eeconiciEstuarv and Town waters. See LWRP Section III - Policies; Pages 57 throngh 62 [ '~ Yes ~-] No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~] No .~. Not Applicable 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 Created on 5/25/0.$1t.'20 AM L 7. State Environmental Quality Review ~HORT E1VVIRONMENT~ ASSESSMENT FORM For U1VZISTED ACTIONS Only PART I - Project ]~ormation (To be complete by Applicaat or Project spewer) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipality Counb/ 4. Precise location (Street address and road intersec~ions, prominent landmarks, etc. or provide map) 5. Is proposed action: I( ) NEW (.~ EXPANSION ,(,~MODIFICATION / ALTERATION 6, Desedbe project briefly: 7. Amount of land affected: 8. Will proposed action comply with ex~sting or other e.,dsting land use restdc0ons:( ) YES ~ NO tf No, descdbe bdef]y: 9. What is present land use in vicinity of project: (describe): ~Residential ~ ( )lndusthal ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10. Does action Involve a permit approval or f~nding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? ( ) YES IX~ NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently vatid permit or approval? ( ) YES (/~,NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will ex~sttng permit/approval require modlfica[Ion? J( ) YES ~) NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge If the ack. in the Coast~i~e~a~ou~re a state agency, complete the Coastal Assessment Form before proceeding with this assessment APP .... ~RANSACTIONAL DISCLOSURE Ta hn~ f °,~.°.f_S°ut~h°ld's C°de °_f Ethics prohibits conflicts of interest on t~ ~nJ _~. ~ ~ "~'~'~ / ,.ossi~,~.y[55~.. lr~e. p, urpo~e o,I ~is fo. rm is to provide information, whic'~cVa miowa omc~rsc / ake wha ..... ,~uuun ,s necessary t0...~__~.~_~_~aea ~r (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 or company name.) NATIfRE OF APPLICATION: (Check all that apply.) Variance Special Exception -- --- *Other Approval or Exemption --' from plat or official map Change of Zone -- Tax Gr/evance If Other name the act~wty: Do you personally (or through your company, spouse, sibling, parent, or child) have relationship with any officer or employee,~f the Town of S.o,,uthold9 "Relationship" includes b~ blood man-ia e o~ business interest. Business interest" m~ans a business including ~h th~' -- ~ '' -- . ~, in which the Town Officer or emp~loyee has even a~l owners~ ~¥) a co~[poration in~hich the~own officer O~or7 than 5% of the YES __ NO _~ If you answered "YI~X'; complete the balance of this form and date and sign mhere indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when .the applicant is a corporatitn); 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 Submitte,d.~~ t~9,~ Signamre:~__~_____~~ ~- Print Nam .~ ~ ~~ ?ECONIC FERMIT EXFEDIT Btllldlrl~ / DISC / Variance / Mar,ne 32645 Main Road · Cutcb E-Mail peconicpermits~t}optonline.nct Ph 631.734.8361 · F N RECEIVED u¢, NY 11935 ~ ~' 631.734.227~y:~ ~-~ August 19, 2008 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Peconic Permit Expediting Inc.' to act as my agent in obtaining a variance/appeal from the Zoning Board of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Respectfully yours, Jacquie Moskowitz & Ekmel Kasaba - Homeowner 80 Lakeside Dr. ~-IOi~.S HIE, GINS (~i) i#3255 Construct deck addition to ~wellin~ with reductionof frontyard setback from Cedar P~int Dr.E. FILED: 6/1/8~ ACTION D · A~E. 8/1#/8# Southold Town Board of Appeals IVIAIN I~rlAD- ~TATE ~rtAD 25 5mUTH~LD, L.I.. N,Y. 11971 TELEPHONE (516~ 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3288 Application ~ated June 1, 1984 (Public Hearing July 26, 1984) ~' '~ TO: Mr. Thomas Higg]ns [Appellant(s)] 48 Kenwood Road Garden City, NY 11530, At a Meeting of the Zoning Board of Appeals held on August 14~ 1984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request fom Special Exception under the Zoning Ordinance Article , Section [XI Request for Variance to the Zoning Ordin~ce Article III , Section 100-31 [ ] Request for Upon application of THOMAS HIGGINS, 48 Kenwood Road, Garden City, NY l153G, for a Variance to the Zoning Drdinance, Article III, Section lO0-31 for permission to construc: deck addition to dwelling with reduc- tion of frontyard setback from Cedar Point Drive East. Identification of Property: 80 Lakeside Drive (a/k/a 675 Cedar Poin: Drive East), Southold; Cedar Beach Park Subdivision Lot No. 81; County Tax Map Parcel No. 1000-90-03-D.14. The board made the following findings and determination: By this appeal, applicant seeks a Variance to Article Section lO0-31, Bulk Schedule of the Zoning Code, for permission to construct walkway deck five feet in width, reducing the frontyaro setback of Lhe new dwelling structure to 26 feet. The existing frontyard setback is shown to be 31 feet from Cedar Point Drive East on the copy of the survey submitted with this application. The walk- way will lead to the proposes side de6k addition which is ~hown be set back ll feet from the side prdpe~.ty..ltne ~which ~s permitted under the current sideyard requirements<~f the'Code).. Fo~ t'~~'~- record it is noted that this new one-family dwelling h~s been authorized by Building Permit ~12585Z issued August 27, 1983. The ~emise~){n~:~estio~'contains an area of approximately 13~400 sq. ft. w~h~183~.34' frontage aloqg Cedar Point Drive East and 184.18±' frontage a~ong Lakeside Drive. 'The parcel is of a "triangular" nature with most of the open yard area technically "frontyards~' The existing dwelling structure is set back 35' from Lakesid~ ~Drlv~, 31~ fro~ Qedar Point 'Drive East, and ll'3" from the easterly side. property line. The parcel in question ts known as referred to as Lot 81 of the Subdivision of Cedar Beach Park, Ma~ No, go, Of D~ember 20, 1927. The board members nave visited the site in question and are familiar with the neighborhood. Although this parcel is ~f a shape that frequently requires variances, the hardship does appear self-imposed ~nd ~he "significant injury" burden has not been shown. The applicant'has requested a five-foot walkway, and it is the board's opinion that a three-foot reouction for that purpose, leaving a 28' frontyard setback, would suffice. Now, therefore, on mo:ion by Mr. Goehringer, seconded by Mr. Sawicki, it was DATED: September ..7, ] 984. C~AIRMAN, SOUTEOLD TOWN ZONING BOARD Foz~a ZB4 (rev. 12/81) i~ ~ ..... Page 2- Appeal No. 3255 Matter of THOMAS HIGGINS Decision Rendered August 14, 1984 RESOLVED, that Appeal No. 3255, application of THOMAS ~IGGINS, for a reduction~of frontyard area for a walkway/deck as noted below, BE'AND IS HEREBY APPROVED AS FOLLOWS: l~ The walkway/deck shall not exceed three-feet in width, leaving no~ less than a 28' frontyard setback from Cedar Point Drive East, and 2, That the walkway/deck never' be roofed or enclosed. .... Locatlon of Property: Lot 811, "Cedar Beach Par~' Map No. 90, ~ Lakeside Dri've {a/k/a 675 Cedar Point Drive East), Southold, NY; County Tax Map Parcel No. 1000-90-D3-014. Vote of'the Board; Ayes: Messrs. Goehringer, Doyen, G~igoni~, Douglass and Sawicki. This resolution was adopted by unanimous vote of ali the members. September 7, 1984 GG:I k '~ ~ma tt~ ~ess~,lity exists .~ t~ ~' ~ ~ ~1 ~s /e~.lcr~~'. STAT£MEN THE WATER S~PPLY. CONFORM TO THE SUFFOLK CO EPT. AFFtlC~NT SUFFOLK COUNTy SERVICES -- FOF CONSTRUCTION ONL DATE: , ~j N. S. REF. NO.: APPROVED: __~ SUFFOLK CO, TAX DIST. [OOO SECT.O OWNERS ADDRESS.' TEST HOLE ...... _j.+'/; ._ Gera~d P. C-oe~inger, O~r~s Grlgon~, Jr. Joselgt H. SawickJ James Diniz~o, Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD (516) ACTION OF THE BOARD OF A~PEALS Appl. No. 3950 Matter of JACQUE KASABA. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.4 (100-33), Article III A, Section 100-30 A.3, Article XXI~, Section 100-244, as disapproved, for permission to construct a deck addition to dwelling and accessory pool. Proposed accessory structure not permitted in the front yard area and proposed Oonstruction will exceed permitted lot coverage. Property location: 80 Lakeside Drive & 675 Cedar Point Drive, Southold, County Tax Map No. 1000, Section 90, Block 3, Lot 14. WHEREAS, a p~blic hearing was held and concluded on June 27, 1990 in the matter of the Application of JACQUR KASABA under Appeal No. 3950; and WHEP~AS, at said hearin9 all those who desired to be heard were heard and their testimony recorded; and W~EP~EAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Cedar Point Drive, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 3, Lot 14. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30 A.4 [100-33), Article III A Section 100-30 A.3. Article XXIV, Section 100-244, for permission to construct deck addition to dwelling and accessory pool. Proposed accessory structure not permitted in the front yard area and proposed constr~etion exceeds permitted lot coverage. Page 3 - Appl. No. 3950 Matter of JACQUE KASABA Decision rendered July 11, 1990 RESOL%~J3, to GRANT a Variance in the matter of the application of JACQUE KASABA as applied under Appeal NO. 3950, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool not be placed any closer than 11 ft. including deck from Lakeside Drive and 22 ft. from Cedar Point Drive. 2. That the fence and any screening not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of' 30 ft. from the corner of Cedar point to 30 ft. from the corner of Lake Side Drive remain open and unvegitated. 3. That the 10 ft. by 3 ft. deck be located as shown on the site plan dated May 1, 1990 by Briarcliff Landscape Inc. Vote of the Board: Ayes: Messrs. Goehrigner, Grigonis, Doyen and Dinizio. This resolution was duly adopted. df RECEIVED AND ~LED BY THE SOUTHOLD TOWN CLERK GERARD p. GOE~RIN~~ Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 27, 1990 i 8:05 p.m. Appl. NO. 3950 JACQUE KASABA. Variance to the~ ning Ordinance, Article III A, Section 100-30 A.4 (100-33), ticle III A, Section 100-30A.3, Article lO(IV, Section 100-244, s disapproved, for permission to construct a deck addition to elling and accessory pool. Proposed accessory structure not ermitted in the front yard area and proposed construction will ceed permitted lot coverage. ProPerty Location: 80 Lakeside ~rive & 675 Cedar Point Drive, Southold, County Tax Map No. 1000, Section 90, Block 3, Lot 14. 8:10 p.m. Appl. No. 3953 - PETER & C~{ERYL INZEltILLO. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk, Area and Parking Regulations, as disapproved, for permission to constr~ct a deck addition to existing one fa/~ily dwelling. Proposed construction will have insufficient side yard setbacks and excessive lot coverage. Property Location: 505 7th Street, Greenport, County Tax Map No. 1000, Section 48, Block 01, Lot 17. 8:15 p.m. Appl. No. 3831 - P~LpH & pATRICIA PUGLIESB. Special Exception to the Zoning Ordinance, Article III, Section 100-30B (14), for a Winery for the Production, Storage and the ELIZABETH A. NEVHJ.E, RMC, CMC 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) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 21, 2008 Zoning Appeal No. 6238 Transmitted herewith is Zoning Appeals No. 6238 of Peconic Permit Expediting for Jacqueline Moskowitz- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Letter (2 Pages) for Peconic Permit Expediting Explaining Relief Sort from ZBZ, Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Authorization Letter from Jacquie Moskowitz & Ekmel Kasaba to Peconic Permit Expediting to Represent them in the Matter, 1 Page of Photos of Existing Car Port & Proposed Locations of Changes, Notice of Disapproval from Building Department Dated August 22, 2008, Copy of Survey Showing Existing Construction Dated August 5, 2008 Prepared by John C. Ehlers Land Surveyor, Plans for Pergola Including Plot Plan & Elevations Dated Sept 4, 2008 Prepared by Boulevard Planning P.C. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10-20-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6238 Moskowitz, J. #1139 $600.00 OCT 2 I 2008 ~ou thold Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: __ Thank you. PMK OTown Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/21/08 * * * RECEIPT * * * Receipt~: 29926 Transaction(s): 1 1 Application Fees Reference Subtotal 6238 $600.00 Check#: 1139 Total Paid: $600.00 Name: Peconic, Permits Expediting Inc 32645 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6238 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197l Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 23, 2008 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 # 6238 Applicant's Request: Within 500 feet of: Owner/Applicant: Moskowitz, Jacqueline Setbacks & Fence Height ( x ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 5, 2008 RECEIVED DEC 1 1 2008 ZONING BOARD OF APPEALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Hughes, Michael & Therese* Moskowitz, Jacqueline Kaufer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry Topper, Lewis 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could undermine the Town's Zoning Code. TRK:ds Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788421099 TELECOPIER (631) 853-4044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 8, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JANUARY 87 2009: 11:00 A.M. JACQUELINE MOSKOWITZ #6238. Location of Property: 80 Lakeside Drive and Cedar Point Drive, Southold; CTM 1000-90-3-14. Request for Variances on this 14,118 square foot lot, under Zoning Code Sections 280- 122 and 280-124, based on applications for building permits and the Building Inspector's August 22, 2008 Notice of Disapproval concerning a pergola, fence height, swimming pool, and as-built carport structure, for the reasons that: (1) the proposed pergola to be added to the dwelling structure is not permitted because such additions/alteration will constitute an increase in the degree of nonconformance (nonconforming rear yard setback and front yard setback, see ZBA #3255 of August 14, 1984; (2) the fence is not allowed as per Conditions under ZBA #3950 dated July 11, 1990 which states: "the fence and any screening shall not exceed 4 ft. 6 in. in height in front yard areas above grade, the area beginning at a point of 30 feet from the corner of Cedar Point Drive to 30 feet from the corner of Lakeside Drive shall remain open and un-vegetated; (3) the existing swimming pool under Building Permit #19275 issued July 27, 1990 is located at less than the required minimum of 22 feet under ZBA # 3950 dated July 11, 1990; Page 2 - Legal Notice January 8, 2009 Public Hearing Southold Town Zoning Board of Appeals (4) the existing carport shows setbacks from each the front yard and rear yard at less than the code-required minimum of 35 feet. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: December 9, 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 #9137 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Sworn to before me this 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 18th day of December, 2008. -- ~ /~ z ~ ~,z~-~ Principal Clerk ] Cday of _~-~ ' 2008. NOTARY PUBLIC.STA¥~ OF NEW YORK NO 01-VO6105050 ~u~..~a aR '~u~tolk County Notice of I proposed second-story addition,and al- terations 16 th~ e~isting dwelling, w[~a setback of less than the code-required. ft, minimum sthgle s!de setback, aq4,1ds.s than 35 ft. mininium rear yard setback, at 645 Jackson Street. New Suffolk: 1000-117-9-5.2. ' ):40 A.M.ANTHONY-and BARBA- RA BONAGURA #6081. REquest tot a Special Excepnoa under Zoning Code S~ctinn 280-13B'for approval of an built Accessory Apartment with owner- occupancy In a s~lg-~giiJy dkvel~xg ~r Holbrook' Eane: Matutucl~: 9:55A.M. Mi HA LK. andTi~ R- ESE HUGHES g6236. Request for Var ances hnder Sections. }804 and based upBn afl application~fldr abh'~ ai}lg permit and thE:l~ildihg I~spe&or's Sep- tember 22, 2008 Notic~ Of Disapproval not permitte0 for two reasons: (1) ~t con- 10:10 A.M. ~ t B E."F : -F#6228. Re. quest for a:Variance undur Section 280- 18, h~d 6n the api~licant's request for a dot-fine change and the Building Inspec tor's Notice of DiSapproval coIlcerning a proposed lot ared for 1(100~-8-~2.4 at 225 Marion Lane, which lot ~ill become less conforming by reducing its s~ze from ~ 34,i94 square fe~t 16 30 ~448 square 'f&et in tots s ~:e. and concerning 1000-3f- 8-13 at 730 Bay Avenue, East Marion. which lot will vecome more conforming by increas ng its s~ze from 8,340 square feet to 12.~86 square feet. 10:30 A M. R~RT BERGAMINI # 6241: Request for Variances under See- fion 280-124,,based on th. Building In- spector's October 17,2008 Notice of Dis- approva coacernmg a proposed deck addition at less than the code-reqmred rain mum front yard setback of 35 feel 124, bas~kl on th~' ~i[~l~,~ ?~spe~t~igs May 12,2008 No tic¢'8 f ~D~jsti'p~f~v~ ~on. ceming'a prop~sed'ii~x0fd~ehiii~ ~{flz a Broadwaters Road,'Ct~tch0~ue; CTM the bank 6r bluff o~;a lot ~djafient to the and lot.coverage exceedh~g the c~de reel. at 1690 The Strand. East Marion: limitation ~ 2.0% on this non~con~orm CTM 3Q.2~61 ing +l. .31/a~otcat 405O Camp Min~_. -;~ ~.:5~: ~M, ~ORGE :YATR~;CI~ ola'{Rohd~ ~;la~ti/tlek;:CTM 123-5-20: #6237. P~u~st for Vaiianceg·un~ Se~ 10:45 A.M. ~NALD ZITO #6233. lions 280-15C and 280-116A(] i based Request for a xAd[iance under Cectinn 280q24, based on the Building ]nspec- toffs August 25. 2008 Notice of Disap- proval concermng an as-built outdoor shower addition to the smgle-falniiy dwe0mg which zs less than 10 fee on a single side yard, less th~n 15 f~et ~)n the opposite side yard. resulting irt less than 25 feet for a total of both side yards, al 1185 Bungalow Lane, Mattituck; CTM 123-3-16. ' 'ii'!00 '. ,&~.,. ~ ~#~23'8 'Location o f Prop- ertyi'80 ~e$ide~Driv~ and Cedar ?~int Drive, Southold;'CTM 1000-90-~344, Re- quest for Varia~ices on/his i4 118 square foot lot, undez Zoning Cod~ Sections 280-122 and 280-124, based on applica- nons tot building pemnts and the Build- lng Inspector's August 72, 2008 Notic~ )t on the Building Inspector's Octol~r 8. 2008 Notice of Disapproval concerning a proposed dwelling, swimming pool, trellis and accesso~ garage. The rea- sons stated for disapprowng the building permit application are: ( ) the proposed tb~fition~Of th~.trefiis to be added to hc house; a~d accessory swirl,ming pool, am not penmtted at less than 100 feet from the top of the bluff 0r ban~ on Io s auja cent lethe L.L Souhd (~ the ~ground swimming pool is a so prolapsed n a s dc front yai'd in t15.~ case o~ waterfroni lot, or codeCpermit te'd'r ~a~ ~hrd ~'0)llew eonstrucfim~ is pfopSsed at less ~tl~i.~he code-required minimum ~f 15 feet an a single side yard, Location of Property 18805 Soundview Avenue Southold. 2:10 P.M HFN_RY TRAFNDI.'t uno caIl~ii el Dp petty: South SIdP of Mum Road (NYS Route 25 East Marion under &./title IL Sectnms i00 25 ar 100-26 rcnmnbcred 280 9 aim 280 lC - Numbers 12 and Il,in District 10~ Sec hen 3l Block J4 whica slates: in comtnon ownersinp with the first ~ foi';kCTM; Pa/eel ~sn' the d~elli~g,}which .Building !nspec:to?!s J~nuarY30¢,2008 6~ less 'than the NOtice of Disappro,~al:ame0aded July 25, 2008 Concerning a proposed sing!e4ami- a ~ear ' ydWe ng (after 'd~molition 0~ an exist- {h& i.~a~im~aXimuin J~i[ati0n. Of 20% jng building) with a proP0sgd si~g!e side /Of &J;)~rfi~; M i605'Old'S[ii~>yaid Lane; yard at less fh~ff ti/e7 ~de required~rnini S0uth6 d; ~M 64.~2301 ' rmim of 10 feet iess:{han .thefreg~uir~d 100 emi :tNO'RI~W ana;ELIZA- c;mbinea Side yaids 0f-¢~ ~ee; a~d:less : ~~2~ ::g.e qU~S;{~0r tli~t~ 35:feei!from tfi~ frght yard !0t lNe. ,;,V~cds~lmd%?~Go'd¢:S/~dtinns¢280WZ at'13000 Main~R0ad¢~astMariog;CTM ahd '2B?{3 G.2. a;; based On-~h~ Building 31-14dl. lfisp~dfi~l:dJuue 30,~2~ ~0tic~ bf Dis- TheJB0ard 0f Appeals will hear :ail approgg!,doa~ernJng al. rapplidati0n for a persons, Or thekr repre.sentatigek% desir7 bllildin~ permR ~0 alter thc u~¢ el au a~~ · tag t0']be l~ard az each hearing, an,or · cess0ry:building (second floe?) from an desiring to ~ubmit written stateq:ents accessory use as a garage to the 9wner's before the conclusion Of aach ~earing~ ,h0int~ oitupati0n~offieeiwith fail'bath- Each h~armg'~ili hot s~firt 6arlidr than toe, after rera0¥afof the;a~kbfiilt kit~h; designai~d ab0veiFiles are availhbl; for eft ~fid cooking areas, instead Df a home fdvieW dnr rig regu[ai l~usin~ss hours office carried on in the main building and:,0m~aatl~dg~0f~hehdaring)lfyou Sworn to before me this dwelling which is less l~han lOkfeet on ~ permit application ar · single side yard, ess than t5 ft~ei ~)~ ..... . ~; e. (1 the proposed oppomte side yard; resultin i~ie~ ~a , ~; ~ [~ ~e add~ t0 ~e 25 feet for a total of both ~ide ares ~ house, ant acc~sory sw,n~ ng po01 a~ Y , not permitted at less than I00 feet ~om Notice 0 ..... J~ B~ng~o~ Lane, Mattituck ~ the top bf the b/afl:0r bank n d proposed s~9~i0~y-~d~ti0n arid a~, : li'~B0: ~M t~C~ ~ ce~/to the C:l: S0u~d; (2)'the in~o~d teratinns to the exist~g dWeliln~, Wi~:a MO S~;~ :~ Swimming pool is ~so ~roA~ed i~ 35 ft. mm~um.rear ym-d se ba~k quest f0rVari~c~ on~ i~4;'7 ~ - , o .~ permiRe~ red, kd ,at ~ Jackson ~trenl,New Suff0~;,C~ foot lot;: ~der zbn~ ~xh22 o ~. ~n !S propgsed at les~ ~ah.the 10~A17-9:5 2 ~ ': 280-122 ~_h ;3~,~: ¢~,~9~ 57e9 ~ns c~de-Eequ red m~im~m o~ 15 fee on a · ,ua ~ou-~z% oaseo on apphca- smgle side yard. Location of Property: 9:40 A.M.~NTH0~a~d BARBA. tions for building permits and the Build 18805 Sound~eW ~venue, Southold; RA BONAGUR~ ¢608i~ Rffqu8si:for a lng lnspector,s August 29 2008 Notice of spegial E~ceptiofi und~r:~n~g Code: Disapproval concerninga pergo a. fence SEction 280-13B for appr0~a] 0f an as: height, swimming pool and as built car BARBARA C'ADWALLA~. Lo NOTARY PUBLIC-irA'(Ri OF NI~W YORK Ne. 01-VO6105050 ~i ,'i~a ~ ~oik County ~y C~m~*l~ ;~t~Y 28, 2012 ~0:~0 A:~ ~ i¢5 ~e~°nf°r~gbyreflucmgitss=eRom; roof in~th~ '-' ..... q.. e~ o_0,~ squareye~t 7 Broadwaters ~a to*l s~ze, ~a concerning 1000-3f: 104-9q2 b7 ~¢a~ing its.me ~om 8,3~0 Square antes under section 280.116A{i) f~t t0 12;086 Square fee ' on ~h~ Buiiding ~P;ct0v;~ S;pi;mber 2 10:30 A.M] ~ERGAMINI 2008 Notice 0f DiShppfo~a c6heemNg a don ~0424;ibased 0n the BUd ng in- spa at !~S than 10Q,fe~t ~i0m the top of ~tor's Ociober 17,~008 N0tiCd df Dis- the bank'6r bluff 0ifa lot hdja~fntto nla '~ad¢ Mat~tuek; ~ 123_5/20:. ; ~2~7: Reqd~s~~ ofcupanty in a ~gl~,£m iY d~veltjng~ai, (1) the proposed pergola to be ~ddcd ~n!~g~d: ~i~ ~6egi ;~di~i~m(~6 to dm dwelling structure is not permiltcd H01bf06k'L~he,:Matti~ffck?~iqi§2 because such additions/alterat0m xxill yard setback and bent Yard setback, see ZBA #3255 of August Ih, I984; (2) the feuce is not allowed :Is per Condililms under ZBA #3950 dated July 11, 19~0 which states: the fence and an~ screemng shall not exceed 4 fl. 6 in. in height in front yard areas above ~rade CTM 51 1-14. 2:10 EM. HENRY 'I'RAENDLY and Notice of Disappro~)ah amended July 25, 20(!8, the applicant has submitted at~pli 100 26 (renumbercd 280-9 and 280 I0)~ 9:55A;M MI HA LK. andTHER- ESE HUGHES #6236. Request for yari. ances under S~cfi0ns~80,4 and based up~/~ ~ appli~atiofi permit and thd:B tilldihg l~speg~61'~ ~p_ tembel 22, 2008 Noticd.~f DisapprOVal stating that the as:built mobile home is not permitted for two reasons: (1) it corn ttitutes a second dwelling uniti an~l~f n contains less than 850 square feet of living area. Location of Property: 9525 Main Road, Mattituck; CTM 200{)-122- 6-13. ,Building: InSpector's, January :30~,2008 :N0tiee of Disappro~al;:~mended Ju y 25, n o 2008 concerning a proposed single:fami- a;~ear exceeds ly d~eiling (after ~l~molitipn of in exist- tire code maximum imitation Of 20% lug building) with a proposed single s dc lot ~dver tinge~ ~t 1605:(51d S,hipy~rd Lane; yard at less tha~ tl/e ~;ci~ r~Uir~d ~nini`~ S0uthold; CTM 64;~230. ' mdm Of 10 feet less than.the~fequir~d !:00:E~. AND'RF~W anal ELIZA- combhmd sgide yards of 25 feet and less BETH GREEN~?#6~.5~ R~qt~Sf~f0r th~n 35 fee fr~m t[ie fr;fil yard 0(i ~e : Vai'hZ~S iin'd~/~ ~6-d~ :S&ii$ns ~86 i2 at: 13000 Main,R0id, East Marinn;:CTM and;Egq-~3gi2:a; based on'{he BUilding 31;1441. Ins~efit~!s June 30,~2{~08~N0ticl bf Dis- T~e:B0ard of Appeals will h~ai all approva! doaceming ~'i{~>pli~atibh f0r a p~rsons; or their representatNed,:aesir: b~ding permit {0 alte} the use o~ an ac5 th~ to:b~ he~d at eacl~ hearing, and/or cessory building (second dodO) fi.om an desiring tO submit wrfften siatem~nts accessory use as a garage to the owner's before the conclusion Of each &earing. h0~b oecupation'0ffice'~With fUil'bath- Each heafing v)iti;n0t start ~arlier than r°6m. affer remdval of th~ a~ elint kitch: designated ~b0ve2 Files ~?e availhbi; fo~ en ~ind co6king areas, instead ~f a home review durifig regular;b~gmess hours office carried on in the main building, and,p~sra,tth~d~0fiheh~aring Ify0u The proppsed cl}ange in us~ fi'om garage have ,qgesti6as~ please do not hes ate tea hom~ office is not penthtted under to ctJfitaci d)~:bffice at (631) 765;1809, C,o. deStti0n280,13O2a;whichre4uires Or by email: Linda. K6,/~alski@Towni a 'ho~e ~ccupafi0n!, t~ be incidental to Southold:ny.us. ). %~:. :i the residential nsc of the premises an~l Datedi December 12, 2{)68,: ' ~ car~ie0:fMn t~e ~ain buii[lingl in addi- zoNING BOARD OF APPEALS ti0n, ihe'Bhilding Inspector state~ that GERARD E GOEHRINGER. the existing living space with kitcheh (apartment),atbuilt is not permitted un: der Section 280-12, since the Code limits each lot t~ only one'dWelling. Location of Propertyf306g3 C.R ~8 (a/k/a Middle Road or North Road), Peconic; CTM 7345. CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailingFOSPS) Re. Box 1179 Southold; NY 11971-0959 9137-1T 12/18 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: ~nortlffork. net December 10, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, January 8, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before December 22nd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new constrUction ;area or other request, by CERTIFIED MAIL,: RETURN RECEIPT REQUESTED, to aI. JI 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 ow~ner 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::r If you know of another address for a neighbor :you m~ay w~nt 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 owneJ, to the beSt of your ability, and to confirm how arran.qements were made in either a writte, statement, or durin.q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later tha/l December 29th: 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 ali Notices. 2) Not Later December 29th: Please make arrangements to place the enclosed Poster on a signboard such as ~:ardboard, 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 moreithan 10 feet from the front property line bordering the street. If you border more than one stre".et or roadway, an extra sign is available for the additional front yard. Please deliver or mail your~Affidavit of Postin(i for receipt by us by January 5, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MOSKOWITZ, J. #6238 MAP # 90-3-14 VARIANCE SETBACKS & FENCE HEIGHT REQUEST MULTIPLE STUCTURES DATE: THURS, JAN. 8, 2009, 11:00 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Town Annex/First Noor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlhfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax ti TOTAL NO. OF PAGES INCLUDING COVER.' i+ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordi~Lg) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] NOTES/COMMENTS: Please find attached copy/copies of dm following: Thank you. Sender's hfitiaL~: ~m ® WEST LAKE N~CK COUNTY OF SUFFOLK (~) YJ o. ,~,~ SOUTHOLD ¢6 Z-il ~-/~ ~-/~ SECTION NO O9O PROPERTY MAP ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ......... = ..................................... x In the Matter of the Application of '' ..... , ~ AFFiDAViT tr~ame of Applicants) MAILINGS CTM Parcel #1000- ,~¢ - 3 - COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ ~ ~ ~ , New York being duly sworn, depose and say that: On the /~ day of ~¢~ ,200~, I personally mailed at the United States Post O~ in ~¢¢~ ~ ¢~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a t~e copy of the atta~ed L~al Notice iB prepaid envelopes address~ to current owners shown on ~e ~rrent assessment mil verified from the o~ial re~rds on file with the ~ Assessors, 'or ( ) County Real Prope~y O~ce' ,, for evew properly which abuts and is across a public or pdvate street, or vehicular right.f- way of record, surrounding the ~~~ Sworn to before me this ~/74day of LT-./'~"~'¢,~/~.~ ,200 ¢ (Notary P u~ c_9.~/ NOTAIIY PUiLI¢-STiI~TI OF HEW ¥OIIK HO. GUGIIIleCI Iff Suffolk County My COrnel#IOn PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ~ost.~ ~0.42 ~o~ $0.42 0935 D Oortir~d Fee $2.~0 0~ -~ ~e~ ~lve~ F~ ~ ~es~i~ed Detive~ Fee Mr. Charles V. Danil~k ~ F Sheena Acha~a PO BoxY200 ~ ~ 1~6 Franklin Street ..............  Southold, NY 11971 [~ ~2 .............. ~ New York, NY 10013 ~'~ClAL USE I Mr. Richa~appenberg ~"' J m T~,~*~,I$ SS.~I~~ 2073 3anet Avenue .............. 1 ~ /~' Mr. ]ohn Montoya ~ ~ [~ 70 Great Oak Drive No~h Belmore, NY 11710 Manhasset, NY 11030-3329 post~e S2,20 ELlen M. Violett Trust 230 50m Street New York, NY i0022 s $0.~ $2.~o / $0.00 ~ ~: $5,~ ~ l~ Mr. Marc Sokol ~ ~. 2031 North Mohawk Street o~o Chicago, IL 60614- · Complete items 1,2, and 3. Also complete item 4 if Reetrioted 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 mailpisce, or on the front if space permits. 1. PaticleAddressadto: Mr. Richard Kappenberg 2073 Janet Avenue North Belmore, NY 11710 2. Artfcle Number (Transfer from sendce/abe/) PS Form 3811, February 2004 Addressee 31 Service Type [] Certit'md M~II [] ~ Mell [] Registered [] Return Reoelpt for Merchandise [] Insured Mall [] C.O.D. 7005 3110 0000 2765 7530 D(~lesttc Return Receipt · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Prfnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisce, or on the front if space permits. Ellen M. Violett Trust 230 50th Street New York, NY 10022 [] Agent [] Addressee C. Dat~ of Delive~ D. Isdeliveryaddmssdiffemntftomiteml? []Yes ff YES, enter delivery address below: [] No 2. Article Number (T~sfer from ~en,/ce Ii ' Se~oe 3ype r-I Ce~tif~cl Mail [] F_~(~mse Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. · Re6tricted Delive~ (Ex'ua Fee) OYes 7005 3110 0000 2765 5291 · ComibletieJtemb'~l, 2, and 3. Also complete item 4 if Res~cted Delivery Is desired. · Print your narhe and address on the reverse so that we cRn t'eturn the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Mr. John Montoya 70 Great Oak Drive Manhasset, NY 11030-3329 2. Article Nurnbe~ (Transfer fmrn s~-v/ce labs0 B~ D. Isdeliveryaddmssdifferentfiom~teml? []Yes ff YES, enter delivery address below: [] No 7005 3110 0000 2765 5284 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154~ ZONING BOARD OF APPEALS -TOWN OF $OUTHOLD:NEW YORK In the Matter of the Application of (N~me of Applicant) J4, N 7 2009 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 4ooo- o - 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, /~,l~-¢'qL //~/~','7/-' residingat .~,2¢'~5'-//4~/n ~w~ ~ ~-~ , New York, being duly sworn, depose and say that: On the ,~ ~' day of ~1¢,.~ ~¢~' , 200~, I personally placed the Town's official Poster, with the data of headng and nature of my application noted thereon, seCurely upon my property, located ten'(1 O) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in pl~,~ for ~eve~:),~s prior to the date of the subject hearing ~ ~[li~sho~ to be ~..worn to before me this day of~,.,,~ 200'~ PlfiB n. ,d~uuw J (Notary Public~/ NOTAIY PUIUC-ITAT[ OF HIW YORK NO, 02MC6131St 4 Q~,~IIIII~I In luffolk County *near the entrance or driveway entrance of my properly, as the area most visible to passersby. 4.07- EXISTING CHAIN LINK, FENCE TO BE REMOVED 5CALE: I== I0' ~ INPOIKMATION POlK PLOT PLAN TAKEN PIKOM 5LIP,.VEY I~Y JOHN EMLElK5 LAND 5URVEYOIK DATED: AUGUST 5, 2008 LOT 87 PROPOSED PERGOLA TO SIT ABOVE EXISTING DECK 877o/,4,00,q , G4. / O' SITE AND ZONING DATA ZONING REQUIREMENT5 R-40 EXIDTING CONDITION5 ?ROPOSED CONDTf~.UCTION A5 PER 260- 124 LOTAREA 14, 1185.P. 14, 11851. FRONT YARD SETBACK 35,0 PT ] I. 5 PT. ¢ 20, 8 FT. I I, 5 PT. ¢- 20. 8 PT. REAR YARD 5ETDACK. 35.0 PT J 2. 6 PT. 51DE YARD 5ETSACR I O.O PT N / A N / A TOTAL ~ BOTH BIDED 25.O PT N / A N / A MAX. GR065 FLOOR AREA 20% 33 I 9 5.P. 23.5% 33 I 9 5.P. 23.5% MAXIMUM HEIGHT 35.0' N 20. O' ~T 20. O' PT THtEt~E .At~IE NO ~I~.¢,IDE C. HA,NQt=$, EXOAVATION, FILLING, AND/OK OLEAt~INO DONE TO THI$ P'I~OPEt~T'I' PROPOSED PRIVACY FENCE & PERGOLA ATTHE KASABA RESIDENCE 80 LAKESIDE DRIVE SOUTHOLD, N.Y. S.C.T.M. # 1000-90-3-14 REVISIONS DATE; PECONIC PERMIT EXPEDITING PHONE: 63 I .734.83G I ITl IESE PLANS AND SPECIFCATIONS AILE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PECONIC PERMIT EXPEDITING INC, INM{INGEMEN1 S WILL BE PI~.OS ECUTED, DATE: 8-18-08 DR. BY: RWL SCALE: AS NOTED CHKD: I PROJECT NUMBER SHEET NUMBER 0819 A-1 []1 I I PERGOLA PLAN 5CALE: I/4" = '-O" CENTER.LINE Off COLUMN 2x6 CEDAR RAFTER. (2)2x I 0 CEDAR. GIR.DER. PERGOLA DETAIL SCALErI" = I'0" PERGOLA ELEVATION SCALE: I/4" = I '-0" 7-3/8" I,S. DIA. 5/8" COLUMN DETAIL SCALE: N.T,5, PROPOSED PRIVACY FENCE & PERGOLA AT THE KASABA RESIDENCE 80 LAKESIDE DRIVE SOUTHOLD, N.Y. S.C.T.M. # 1000-90-3-14 REVISIONS DATE; BOULEVARD PLANNING P.C. ARCHITECTS 671 FRANKLIN AVENUE GARDEN CITY, N.Y. 516.877.0400 PHON~ PI:CONIC PEP. MIT EXPEDITING : G3 I .734.83G I INFRINGEMENTS Wll[ BE PROSECIJTED. TIIESE PLANS AND SI ECIFCATIONS ARE [NSTRUMEN'I S Gl~ SERVICE AND ARE TI IE PROPERTY OF PECONIC PERMIT EXPEDITING INC DATE: 8-18-08 DR. BY: R W L SCALE: AS NOTED CHKD: PROJECT NUMBEB SHEE'[ NUMBER 0819 A-2