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Home My WebLink About6242 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Soulhold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: May 28, 2009 ZBA FILE # 6242- ROBERT and BETH ANELLO, Applicants CTM 58-2-13 PROPERTY LOCATtON: 1980 Leeton Ddve, Southold, adjacent to the Long Island Sound 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 December 5, 2008 stating lhat this application is considered a matter for local determination as there appears to be no significant county-wide or inlet-community impact. PROPERTY FACTS/DESCRIPTION: The subject properly is a non-conforming 6,825 sq. ft. lot measuring 50 feet wide along Leeton Drive, 155.30 ft. along the easterly property line and 153.63 ft. along the westedy property live. It is improved with a two story framed dwelling, shed, hot tub, decks and steps. BASIS OF APPLICATION: Request for Variances under Sections 280-124, 280-122 and ZBA Code Interpretation (under R. Walz Application ZBA #5039), based on the Building Inspector's amended October 29, 2008 Notice of Disapproval. New construction is proposed as additions and alterations to the existing single-family dwelling at less than the code-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feel. In addition, a Vadance !s requested for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lot. LWRP DETERMINATION: A Letter dated April 21, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapterl;95, Waterfront Consislency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The recommendation in the report read: "Require a minimum 15 ft. non- disturbance buffer incori6orating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. Note that the buffer should fully incorporate the Coastal Erosion Hazard Area (seaward of the Coastal Erosion Hazard Line)." At the request of the Board at the Public Heating on Apdl 23, 2009, the applicant's attorney, Patricia Moore, reviewed that LWRP report with Mr. Scott Hillary who consulted with Mark Terry and submitted a letter to the ZBA dated Apdl 27, 2009. Her letter states that she was advised by Mr. Hillary that the intent of the LWRP recommendation was to keep the existing vegetation (Montauk Daisies) planted by the applicant on either side of the seaward wood deck. These native plants serve as a vegetative buffer, not a non-disturbance buffer, because they require pruning. The maintenance of this buffer will reduce adverse environmental impacts caused by the non- conforming setback from the bulkhead. Page 2 - May 28, 2009 ZBA # 6242 - R. and B. Anello CTM 58-2-13 RELIEF REQUESTED: The applicant proposes to make structural repaire, as needed, to their as built wood ground level and second story decks, at grade boardwalks, and stairs, to change the existing roof pitch (in place and in kind) over a small addition on the eastedy side of the dwelling, and to legalize an as built hot tub which is a temporary accessory structure. The pm-existing non-conforming as built seaward deck is indicated at approximately 7 ft. from the rear lot line, (the code requires a minimum of 35 ft) and 7.7 ft. from the Mean High Water Mark on Long Island Sound. The second story roof replacement is proposed with a single side yard setback of 8.6 ft (the code requires a minimum of 10 ff.), and a total side yard setback of 17.6 ft. (the code requires a minimum of 25 ff.). The proposed constrection indicates a total lot coverage of 33.8% (code requires a maximum of 20%). ADDITIONAL INFORMATION: At the Public Hearing on April 23, 2009, the applicant agreed to submit an amended su~ey and Notice of Disapproval with a reduced lot coverage accomplished by eliminating the existing wood walkways in the front yard and along the westerly side yard and replacing with pavers at grade. AMENDED APPLICATION: Dudng the headng, the applicant was asked to bring the plan into more conformity with the cede. The applicant, on May 20, 2009, submitted a survey by John Metzger dated May 15, 2009 decreasing the proposed lot coverage by 4.2% from 33.8% to 29.6% by removing 288 sq. ft. of wood walkways, thereby bringing the plan into more conformit~ with the codes. An amended Notice of Disappreval from the Building Inspector dated May 26, 2009 confirms the prSposed 29.6% lot coverage. 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)lb/{31111. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment, to nearby properties. The Properties on Leeton Drive along Long Island Sound are typically similar to the applicant's in that many are small, non. conforming parcels improved with dwellings originally built as summer cottages. Many have excessive lot coverage and wood decking right up to the wood bulkhead (there is no bluff in this section of the Sound). The applicant is not proposing to enlarge the existing dwelling, but rather to make in kind and in ~place structural repairs that will maintain the pre-existing non-conforming setbacks. The alteration to the existing roof is proposed to remedy persistent leaking and improve the appearance of the dwelling. The as built hot tub is a small temporary accessory structure that provides an amenity for the homeowners. 2. Town Law ,~267-b(3:){b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, :other than an area variance because the pre-existing setbacks were established prior to zoning and any additions or alterations will increase the degree of nonconformance, triggering the Walz decision and requiring a variance. 3. Town Law ,~267-b(3)'(b)(3). The setback variances granted herein are not substantial in so far as they are not changing any existing setbacks. While the I~roposed lot coverage is a substantial variance, il is typical in the applicant's neighborhood. 4, Town Law §267-b(3)(b)(5). The difficulty has not been self-created, bul is the result of pre-existing non- conformities. 5. Town Law §267-b(3){b)(4). No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The property is pretected by a bulkhead that is in excellenl condition, there is no bluff, and the wood decks and walkways are pervious structures on sand with no drainage preblems. Page 3 - May 28, 2009 ZBA # 6242 - R. and B. Ane!lo CTM 68-2-13 6. Town Law §267-b. Grant of the requested relief AS AMENDED is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of structural repairs to their existing dwelling, stairs, and decks, 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 faclors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, and shown on thc SURVEY,by John Metzger dated May 15, 2009 and the drawing dated 9/2/08 and revised 10/28/08,by Angel Chorno, Architect, labeled Proposed Alterations, Anello Residence, subject to the following Conditions: 1. The westerly:side yard must remain open and unobstructed for access by emergency equipment, and 2. The applicant must continuously maintain the existing non-turf vegetative buffer on both sides of the seaward wood deck, planted with native plants such as Montauk Daisies or Rosa Rugosa as per the recommendation of the LWRP Report That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. y deviation from the variance g yen such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under th~s app ~cation when involving nonconform ties under the zan ng code, This action does not authorize or condone any cun'ent or future use, setbeck or other foature of the subject properly that may violate the Zoning Code, other than such uses, setbacks and other featuresas are expressly addressed in this action, The Board resaves the right to substitute a similar design that is de minimis in nature for an altera~on that does not increase the degree of noncontbnnity. : Vote of the Board: Ay'es: Members Goehringer (Chairman), Simon, Weisman and Schneider. (Member Oliva was absent.) This Resolution was duly adopted (4-0). ..~......~ / .p, ECEiyFD.. /," GEI~M:~,D'I5. GOEHRINGER, CHAIRMAi~ 6/ ! /.~0g L.~..,..~l~roved for Filing J tl!,l , 2 2009~. . office Location: Town Annex/First Floor, CaPital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 2, 2009 Patricia C. Moore Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6242 - Annello, R & B Dear Ms. Moore: Transmitted for your records is a copy of the Board's May 28, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. Ifyou have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of De~ision to: Building Department Town Clerk (Original for filing) Linda Kowalski 05/26/2009 16:26 FAX 631 765 4643 ~OORE LAR OFFICES ~ ZBA ~002 FORM NO. 3 TOWN OF SOUTHOLD BUILDINQ DI~PARTM~NT SOUTHOLD, NOTICE OF DISAPPROVAL 7 TO: Pa/ricia Moor~ I/sq. for R & B Annello 51020 Main Road Southold, NY t1971 DATE: October 16, 2008 Amcnded: 10/29/08 ~.m~adcd: May 26, 2009 Pleas~ taka notiee that your aPlolication dated October 11, 2008 For p~'mit for an addition & alteration & '*as built" d~ck to a'singic family dwelling at Lo~rionofproperty: 1980 Leeton Drive. Southold County Tax Map No. 1000 - Section 58 Block 2 Lot 13 Is returned herewith and disapproved on the following grounds: " The vro~osed construction, on.this noncongorr~Rg 6.825 squ~/m foot lot. is not permitted ~lmrsuant.to Article XXIII Section 280-124. which ~tatcs that n~n-conformin~ lots, measurin~ less than 20.000 ~auar~~i~e~ rmuire a mini~ s~tback of 10 fi:et, a minimum total side yard setback of 25 fe~ a rear yi:gd of 35' and a rnaximum lot eovermzc of 20 ~aercent.. The "as built' deck is indicated at am~roxit~.elv 7' from tho rear lot linc. *The vr0posed eonstraetioa iadleates a total lot coverage of 29.6%. ~dso. the m'oposad 2nd stent addition is not _v~rmitt~:l t~ Art. XXII1 Sc~tion 280-122 ~'Nothin~, in this arti,'l~ shall be deemed to privet tho~,.pr0vided that such g~tiOn d~e~ not cr~tc any n~w noncongorm~lce or increme t~ d~rce of nonconfo~-aamcc with rtnmrd to tho mmdations pt~qrtalnin~ ~ such buildln~s.'~ Thc scco~d stone addition is ore,used at 8.0' & a ~ setbsak of 17,6'. Pursuant to Walz #5039. s',eh additions & alteration will thus constitute an hterease hLth~ ~ of noneonformanee. *The lot coverage amount la amended due to the amcu~l~d sUWey dated May ISt 05/26/2009 16:26 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~003 in addifio~L the Drop(meal const~tcelo~ is not uermletpa DuFu~_nt_ to Article Section 2#0-116 A (2h Whieh sf~*~e~'. "ExceDt as otheFwise uFOVJded.h Sub,e~yf:~)p MI~ hercog~ M~ ~?uJldfn~ o~- structures located o~ lot~ adla~t to $ountie ,zh~ be ~-~a~k not le~ than ]~0~feet fFom'the 0rdin~rv bieh w~ttez' mark of said sound.~ Tho ~rot~sed ~tru~n ~te~ a uroooscd setba~lc Of+/- 7.7 foot ~om thc ordinary water This disan~roval is based upon the survey by John Metier. f~ d~'*__.~j_ Oct. 16, Amended to clarify the bLH.W.M. Note to KppHcaut: Any chaugc or devJatlon to thc aboye referenced gpplicaflon, my require fuFther reView by the Southold Town Building Department. In addition~ the proposed construction is not permitted pursuant to Article XXII Section 280~116 A (2)~ which states; "Except as otherwise provided in Subsection A(1) hereof~ all buildings or structures located on lots ad.iacent to sounds shall be setback not less than 100 feet from the ordinary high water mark of said sound." The proposed construction notes a proposed setback of+/- 7.7 feet fi'om the ordinary high water mark. This disapproval is based upon thc survey by John Metzger, LS~ dated Oct. 16~ 2008. Authorized Signa~'ure Amended to clarify the M.H.W.M. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEP~M~TMENT SOUTHOLD, NY. NOTICE OF DISAPPROVAL TO: Patricia Moore Esq. for R & B Angelic 51020 Main Road Southold, NY 11971 DATE: O~tobcr 16, 2008 Please take notice that your application dated October 11, 2008 For permit fbr an addition & alteration & "as built" deck to a single lh,mily dwelling at Location of property:. ,1980 Leeton Drivc,' Southold County Tax Map No. 1000 - Section 58 Block 2_ Lot 13 Is returned herewith and disapproved on the Following grounds: .The prpposed construction, on this nonconforming 6,825 square foot lot, is not p~imitted oursuant to Article XXIII Sevetion 280-124, which....~tat~ that non-conlbrnling lots. measurin~ I~ss than 20.000 souar~ feet in total size, reauire a minimum siogle side yard setback of 10 feet. a minimum total side yard setback of 25 feet, a rear yard of 35' and a maximum lot coverage o f 20 ~ercent. Thc "as built" deck is indicated at approximately 7' from the rem- lot llne. T_g_he. ~ro~osod construction indicates a total lot covcra~,c of 33.8%. ~ seat _2nd story addition is not permitted Der Art. XXIII Section 280-127 which state: "Nothimz in this ',micle shall b~ doomed to orovont the remodelinu ... orovided that such action does not create any_new nonconformance or increase the degree of nonconformance with re~ard to thc rceulations pertaining to such buildings." The second story addition is _oroposed at 8.6' & a total setback of 17.6'. Pursuant to Walz #5039~ such additions & alteration will thus constitute an increase jn the decree of nonconformaneo~ In addition: the proposed construction is not permitted pursuant :o Aruc:e ~: ........ : ~ Seclion 280-116 A (2), which states. UExceDt as o~e~se orovided in Subseetlon A(1) hereof~ all bu~dinos oz ~e~s I~ted on lots ad[acer to sounds shah be s~back not less tha ~ I00 f~t ~om ~e ord~n~ bioh water mark of said sound." The pro~s~ ~n~ru~on not~ a ~s~ s~back of+/- 10 feet ~m the ordinary h~gh ~at~ark ...... This disaPProval is based uoon the survey by John Met~e;~ LS, anted..0ct. 16. 2008. Authorized Signature .... Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Bnilding Department. FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Patricia Moore Esq. tbr R & B Ang/ello 51020 Main Road Southold, NY 11971 DATE: October 16, 2008 Amended: 10/29/08 Please take notice that your application dated October 11, 2008 For permit for an addition & alteration & "as built" deck to a single family dwelling at Location of property: 1980 Leeton Drive, Southold County Tax Map No. 1000-Section 58 Block 2_ Lot 1~3 ls returned herewith and disapproved on the fbllowing grounds: The proposed construction, on this nonconforming 6,825 square Ibot lot, is not permitted pursuant to Article XXIII Section 280-124, which states that non-contbrming lots, measuring less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet, a rear yard of 35' and a maximum lot coverage of 20 percent. The "as built" deck is indicated at approximately 7' from the rear lot line. The proposed construction indicates a total lot coverage of 33.8%. Also, the proposed 2nd story addition is not permitted per Art. XXIII Section 280-122 which state: "Nothing in this article shall be deemed to prevent the remodeling .... provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The second story addition is proposed at 8.6' & a total setback of 17.6'. Pursuant to Walz #5039~ such additions & alteration will thus constitute an increase in the degree of nonconformance. N LOT COVERAGE AREA TO COASTAL EROSION HAZARD LINE = 6825 sq. ll. HOUSE. DECKS, HOT' TUB~ SHED,& STEPS = 2309 sq. ff 2309/6825 = 33.8% WALKWA YS TO BE REMOVED = 288 sq. fl. 28816825 = 4.2% 53.8%- 4.2% = 29.6% SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-58-02-13 SCALE' I~=20' NOI&-MB£R 27, 2006 JUNE 19~ 200,9 (COASTAL EROSION HAZARD LINE/ SEPT. 24~ 2008 (<~ddilfons] SEPT. 30~ 2008 (o~dilions/ OCT. 16, 2008 (ground level deck added Jo lot ~overoqel JAN. f~l, 2009 (addilions) MA Y 15, 2009 (lot coveroge) COASTAL EROS/ON HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # FROM FIRM MAP NUMBER J610JC0154 G ELEVATIONS REF"fZRENCED TO N G V.D SURVEY OF PROPERTY A T SOUTHOLD TO~'N OF SOUTHOLD SUFFOLK COUNT. Y, iV. Y. 1000-5B-0~-I$ SCALE:. I~0' NOVEMBER 27, 2006 dUNE 19, 2008 (COASTAL ER'OSION HAZARD LINE) SEPT. E4, :2008 SEPT.. $0~ 2008 (o~ditions) OCT. 16t 2008 (ground level deck added lo lot ~overageJ N LOT COVERAGE COASTAL EROSION HAZARD LINE .fl. COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # 5E-566-83 FLOOD ZONE FROM FIRM MAP NUMBER 3610,.,ZC0154 G MAY 4, 1998. ELEVATIONS REFERENCED TO N.G.V.D. · =MONUMENT ANY AL TERA TI(~V OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF' SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR }~,IOSE ~IGNA TI. IRE APPEARS HEReoN, AREA=7,723 SQ. FT. - / N~S. LIC. NO. 4961~ ,~C,~W~s, P.C ~¢~~AX (631) 765-1797 1230 mA ~LER SmEETI sou~o~o. ~.~ .~z, ~ ~-~ i [' L q I I L ,M1 , " [ To: Southold Town Zoning Board Southold Town Building Department Southold Town Trustees Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#1000- 58- 02 - :1.3 The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct on to a residence on the above referenced ~obert An~ello on behalf of myself and my wife Beth An~ello APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS .ffice Notes: House No. 1980 Street Leeton Drive Hamlet Southold zo~,!~;a ~o~,ev o~ ,~-~;o~c, ~ SCTM 1000 Section_58 Block 2 Lot(s). 13 Lot Size 6,825 to CEH Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED October 16, 2008 BASED ON MAP Peconic Surveyors dated October 16, 2008 ~'~'~'~'~ !0 /~ 7 'r?? Applicant(s)/Owner(s): Robert & Beth An?clio Mailing Address: 1980 Leeton Drive, Southold Telephone: 766-5012 Fax #: pcmoorel(~optonline.net 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: Name of Representative: Patricia C. Moore Esq. for(X)Owner, or ( )Other: _ Agents Address: 51020 Main Road~ Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: _pcmoore l~,optonline.net 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 October 16~ 2008 DENIED AN APPLICATION DATED October 11~ 2008 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction •Other: and Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ~' h~' -h~b Article__XXIII Section 280- 124 Subsection__"as built" deck is a "boardwalk at grade" behind the bulkhead as access around the house. Lot coverage is 33.8% due to coverage of area with wood boardwalk XXlll Section 280-122 Owner wishes to change roof pitch (remains elevated one story)- existing house preexisting nonconforming setbacks (Walz) Article 280-116 A (2) Setback from Long Island Soupd preexisting nonconforming (roof alteration) Type of Appeal. An Appeal is made for: E 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. E Interpretation of the Town Code, Article Section ~ Reversal or Other A prior appea h~.~ 8 has not been made at any time with respect to this property, UNDER Appeal No. Year (Pleasebesuret~researchbef~rec~mpletingthisquesti~n~rcall~ur~f~cef~rassistance.) /¥7? Name of Owner: George Yatrakis ZBA File # REASONS FOR APPEAL (additional sheets mai, be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property is adjacent to the Long Island Sound with a bulkhead an no bluff. The existing house has a long history of alterations: The house was constructed prior to zoning as a "summer cottage". In 1960 the owner, Frank Yuda, built an addition in the rear. This addition is the subject of problems for the owner today. The roof line between the original house and the addition experiences leaks, and stress cracks and is supported by multiple interior columns. The proposed roof change will correct this structure, replace 1960's material with current structural beams and replace the roof under one pitch. Between 1980 -83 the prior owner Jean Leanard renovated the existing house and converted the house to a year round home. As part of this alteration additional decks were constructed. Because the existing first floor does not comply with FEMA no change is permitted to the existing first floor. The FEMA laws prohibit significant alterations to preexisting structures so this application is for an alteration to the existing roof. No additional living space is proposed. The owner added a hot tub under the existing second floor deck and on existing decking. The hot tub is the standard portable units, it is located in the center of the property so it does not disturb the neighbors and it is self contained so it has no environmental impacts. (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 preexisting setbacks of the house were established prior to zoning. Minimal alterations are permitted under FEMA regulations. The application is merely to repair the roof and replace the pitch to correct 1960's construction of additions under multiple roof connections. The decking is a boardwalk at grade which provides a pervious non-turf walking surface. The hot tub is self contained and is a nice amenity which is not a permanent structure. (3) The amount of relief requested is not substantial because: The existing house was constructed prior to zoning and altered throughout the years. The alterations to the roof is not adding living space it is merely changing the pitch and structural components to correct the substandard existing structure. The decking provides a walking surface which would otherwise be pavers. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is protected by bulkhead, there is no Bluff, and the structural alterations are to remedy an existing condition. The adjacent homes have similar boardwalks around the house. The provides a safe walking surface, is pervious, and connects to the walkways from the front house. (5) Has the alleged difficulty been self-created? ( )Yes, or No(X ) Preexisting Are there Covenants and Restrictions concerning this land: E No. Yes (t,lease furnis~ Io tl~eq~te~l¢o~t h e 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 REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s~ ~ of Appellant or Authorized Agent Sworn to before me thi~/~ day oft'~O · ,20~. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Robert & Beth Anello Date Prepared: October 23, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: roof over existing structure 32' x 33' Existing roof to be reconstructed with new pitch- construction over existing dwelling (in kind-in place over existing roof area). II. New Construction Areas (New Dwelling or New Additions/Extensions): no change, owner added a portable hot tub over the existing deck Decking at grade built prior to 1995- owner has maintained it by power washing and stain, as needed. Dimensions of first floor extension: Dimensions of new second floor ( no change) Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed_ If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: same - interior staircase is significantly nonconforming with NYS Code. Interior stairs to be made safe as part of roof. Existing stairs have inadequate head room, pitch and width. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: house, deck, hot tub & steps 2,309 sqft. The boardwalk decking behind the house, at grade, was built prior to this owner. Hot tub added by Annello as a temporary structure. It is sitting on existing decking. Proposed increase of building coverage: none Square footage of your lot: 6,825~_to CEH line an additional 10 feet to the bulkhead exists but is not counted in lot area. Percentage of coverage of your lot by building area: 33.8% The alterations to the existing house do not change the lot coverage and there is no increase in living area. V. Purpose of New Construction Requested: to correct the existing conditions of the roof constructed in 1960 and 1970 VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _flat, developed, eonains an existing bulkhead which is tied to neighboring bnlkheads and adjacent to the Long Island Sound Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Robert & Beth An~'ello 1000-55-2-13 ls the subject premises listed on the real estate market for sale? E Yes E No Are there any proposals to change or alter land contours? E No [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Long Island Sound 2) Are these areas shown on the map submitted with this application?~ 3) ls the property bulkheaded between the wetlands area and the upland building area? ~es 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? submitted Please confirm status of your inquiry or application with the Trustees: simultaneous review and if issued, please attach copies &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? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (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 the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existing dwelling & second floor decks (preexisting with co)~ with wood walkways -boardwalk (built by prior owner- no co conforming to existing design of boardwalk (hot tub- as built) and proposed use same (examples:~sting: single-family; proposed: same with garage or pool, or other description.) ~zzed Signature and Date 2/05; 1/07 Ao LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards 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# 1000-58-02-13 OWNER: Robert & Beth Anello 1980 Leeton Drive, Southold NY AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X~ Zoning Board of Appeals~X 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: X Variance / Wetland Permit Nature and extent of action: Owner needs to change pitch of existing ro, ~f to correc~, ~-r~c/~ structure built in 1960 (in kind & in place), existing decks (wood boardwalk` w~r4~c~ ~r~ ~- ~'~.~_~ I constructed for access around the house and behind thc bulkhead which becomes a nonturf buffer. Location of action:1980 Leeton Drive, Southold Site acreage: 6,825 sq.ft. To Coastal Erosion Line with another 10 feet to the bulkhead Present land use: existing house with existing wood boardwalk Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Robert & Beth An~ello (b) Mailing address: 1980 Leeton Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: change existing roof pitch (in kind in place), existing boardwalk decking and temporalw structure (hot tub) "as built" Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: 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. X Yes No Not Applicable Existing lot and house is preexisting nonconforming. The existing house had additions in 1960 which require owner to remedy the existing condition of the roof. The lot is protected by bulkheaded with no bluff adjacent to Long Island Sound. The proposed work and "as built" structures is landward of the. The wood decks are "boardwalks" which are pervious and provide a non-turf buffer behind the bulkhead. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resource~ Policy 3. Enhance visual quality and protect scenic resources throughout See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria he Tow~¢~I~ o~-uC~o~. X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The existing house will only get a new roof (in kind & in place). The wood decking at grade (board walk) is pervious. The board walk is consistent with LISCMP (Long Island Sound Coastal Management Program) which prevents non- point source pollution, prevents flooding and erosion. 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 X Yes No Not Applicable No effect on flooding or erosion. Existing roof alteration will correct a structural problem to the existing roof. The boardwalk stabilizes the ground behind the bulkhead. 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 X Not Applicable The roof alteration does not increase living space and the wood boardwalk is existing. The hot tub is set back away from the bulkhead and is a temporary structure. 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. X Yes No Not Applicable Setback to the Long Island Sound is nonconforming. The Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Soils along Long Island Sound (Carver, Plymouth, and Riverhead Soil) are deep, course texture and excessively drained. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes ~ol I~rohibit degradation of air quality or emissions. Efficient heating and airconC systems and filters protect against air quality. Policy 8. Minimize environmental degradation in Town of Southold from solid wE hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials (CCA is discouraged by Trustees) The boardwalk eliminates use of pesticides and turf areas. 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 XNo Not Applicable The parcel is private ownership 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. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sotmd, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity is minimized. The remediation to the roof is necessary (in kind in place) to meet structural requirements. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. Leeton Drive is predominantly residential development. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can ale. the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Patricia C. Moore, Robert & Beth Annello (Last name, first name, middle initial, unless you are applying in the name of someone else or other enti[y, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", Trustees name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) 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 thc 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, pa.ncr, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE Submitted thi2~l~ay of~)~'~O~/I Signatur/e: .~ Print N~atricia C. Moore Owner :Robe.& Beth ~nel,o ~ ~ STREET ACREAGE LOT FORMER OWNER N ~, ? j ,~ E ~ND ~ ~. / TOTAL DATE REMARKS El.AGE TYPE OF o O BU~ N~ NOR~L BELOW ABOVE Form Acre Volue Per Acre Volue Till~.le Tillable Tillable 3 Woodlend ~mpl~nd Ho~P~. Total TOWN OF SOUTHOLD *PROPERTY RECORD CARD /~o -/~ ~/~ ~N~ '~ I s,~ v~LA~ ~ST. LAND IMP. TOTAL DATE REMARKS: II~-u ~;,> / ~ ~ / zt.' / . I ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10-30-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6242 Annello, R. & B. #778 $600.00 RECEIVED ocI 3 0 2008 Sc uthold Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: Thank you. PMK ELIZABETH A. NEVILLE, 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 30, 2008 Zoning Appeal No. 6242 Transmitted herewith is Zoning Appeals No. 6242 of Patricia C. Moore for Robert & Beth Anello- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, LWRP Consistency Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Dated October 16, 2008, Notice of Disapproval from Building Department Amended October 29, 2008, Notice of Disapproval Amended October 29, 2008 with Action of the Zoning Board of Appeals Dated September 20, 1978 (2 Pages) & Copy of Survey Dated November 14, 1974 Attached, Cover Letter from Patricia Moore listing items Sent Dated October 23, 2008, Copy of Certificate of Occupancy Dated January 19, 1993 for Deck Additions & New Foundation, Copy of Field Inspection for Building Permit, Copy of Survey of Property Prepared by Young & Young, Copy of First Floor Plans Received November 2, 1992, Copy of Deck Plans, Copy of Letter from Building Department Amending Permit # 12105Z to include Deck Dated August 22, 1983, Copy of Survey Prepared by Young & Young, Copy of Building Inspection Showing Final Inspection Dated October 9, 1992, Copy of Rear Deck Drawing Showing Approval Dated August 22, 1983, Authorization Letter from Robert & Beth Anello to Patricia Moore to Represent them in this Matter, Letter from NYS Department of Environmental Conservation does not require a permit for Construction of Basement, 3 Photos of House with Roof Changes Shown, Copy of Property Record Card (2 pages), Copy of Survey Showing House and All Existing Construction Dated October 16, 2008 Prepared by Peconic Surveyors, P.C., Architects Floor Plans for First & Second Floors Showing Elevations Revised 10-28-08 Prepared by Angel Chorno, AIA. Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/30/08 * * * RECEIPT * * * Receipt: 30245 Transaction(s): 1 1 Application Fees Reference Subtotal 6242 $600.00 Check#: 778 Total Paid: $600.00 Name: Anello, Robert Joseph 1980 Leeton Dr. Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6242 Appe~ No. 2468 Dated August 17, 1978 To Jean C. Leonard 143 Harbor Road Cold Spring Harbor, New York .................... of the Zoning Ordinance and the decision nf the Butldhag Inspector ( ) be rever~ed ( ) be confirmed b~ca~se 8:25 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article IIW, Section 100-32 for permission to erect an accessory shed in the front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; soukh by Leeton Drive; west by H. Freedman. SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by a~l properties SEE REVERSE SEE REVERSE BOARD OF APPEALS After investigation and insepction the Board finds that the applicant wishes to construct a storage shed in her front yard. The Board a~rees with the reasoning of the applicant. The building is needed %0 store bicycles, tools and yard furniture during inclement a~ winter weather. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the proper~y and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, be GRANTED permission to construct accessory shed in her front yard area. Location of property: Leeton Drive, Southold, New Yor~, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freeman, upon the following condition: The storage shed shall be at least 3 feet from the westerly lot line of the property and at least 30 feet from Leeton Drive. Vote of the Board: Ayes: Messrs: Gillispie, Grigoni$, Tuthill and Douglass. C SURVEY FOR: JEAN ~. LEONARD PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Mall 53095 Main Road Southold, NY 11971 octl ~ber 23, 2008 Re: Robert & Beth An~ello 1980 Leeton Drive, Southold 1000-58-2-13 Dear Chairman and Board members: Enclosed please find an application to replace an existing roof over an existing dwelling. In addition, wood decking (boardwalk), on grade, was constructed prior to my client purchasing the property in 1995 which needs an nas built" permit. My client did install a portable hot tub on the ground without a permit and an nas built" permit is requested for the hot tub. The property is adjacent to the Long Island Sound, has bulkhead and no bluff. The surrounding properties are similarly developed with the wood decking at grade rather than pavers or grass. In accordance with your instructions, enclosed are 8 of the following: property description, and 1. Notice of disapproval 2. Appeal, disclosure, questionnaire, LWRP 3. Pictures of the existing roof line 4. Property card 5. Survey 6. CO & building permits for the existing house, decks, and additions. The wood decking at grade has second floor no record of permits, however, because it is boardwalk without st~uq~r~!~,p~r~ ~,~ may not have needed permits in the past. constructed prior to 1995. 7. Architects plan If there is anythin~ else you need please do not hesitate to contact me. Ve~y~y yours, PCM/mr Encls. Cc: Mr. And Mrs. Anfello FORM BO. 4 TOWN OF SOUTHOLD 8UILDIN~ DEPARTI~NT Office of the Building Inspector Town Hall 8outhold, N.Y. (~I~IFI~T[ OF O~CUPAN~ No Z-22116 Date JANUARY 19~ 1993 THIS CERTIFIES that the building Location of Property 1980 LEETON DRIVE House No. County Tax Map NO. 1000 Suction 58 subdivision ADDITIONS ~O~T~OLD ~ N.Y. Street Block 2 Lot 13 Filed Map No. Lot No. Hamlet conforms substantially to the Application for Building Permit heretofore filed in this office dated NO~EMBEE 22~ 1982 pursuant to which Building Permit No. 12105-Z dated JANizaRY 13, 1983 was. issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is OEC~ ADDITIONS & N~W FO~NDATIOW UND~ll EXISTIN~ OW~.ING I%SAPPLIEDFOR. The certificate is issued to of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFI~AT~ NO. N/A PLUMBERS CERTIFICATION DATED Rev. 1/81 FIELD .~ N S P?]C T~i ON VOUNDATION FOUNDATION (2nd) 2. ROUGH FRAME & PLUMBING 3. INSULATION PER N. STATE ENERGY Q,ODE FINAL COMMENTS ADDITIONAL COMMENI'S: NDTE ,, · · MONUMENT YOUNG & YOUNG UNDERWRITERS CERTIRCATE REQUIRED If copper tubing is used for water distributing ~ystem; piping shall be of types K or L only, PLUMBER CERTIFICATIOtV ON LEA D CONTENT BEFORE CERTIFICATE OF OCCUPANCY SOLDER USED IN WATER SUPPLY SYSTEM CANNOT EXCEED 2/10 of 1%/.~AD. Memorandum from..~.. BUILDING INSPECTORS OFFICE TOWN OF SOUTH. OLD Tow~ H~,~r, Socrr~tocv, N. Y. 11971 765-1802 765-t802 BUILDING DEPT. INSPECTION [ ] FOUNDATION ZST [ ] RouOH~!PLBG., [ ] FOUNDATIO~ ZND [] INSULATION [ ] FRAMING [L REMARKS: DATE ~E~ ¥O~K s'rAI'E ~)EP4m'~fF. tcr OF 8&~. 40, SUW--~oor~ $~O~t~ FAoOk, ~lY 11794 {51&1 751-7900 Jean Eeonard P,O. Box 741 $outhold, N.Y. 11971 December 7, 1982 RE: SCTM No. 1000-058-2-13 ~ Mrs. Leonard: A ~¢u~e~h,:~ beeam~e o4 Raise your existing residence so that you may construct a basement below it. 1925' east of the intersection of Le.~ton Dr. with Kenney's road. p~Ce~ ___r_paa]ee.t ~o be landward of a substantial man-made structure nt~excess of-l~0 feet in length. Co~t4, e,~va~Zo~ L~ .~, ~e~u,U~e.~ ,6Z~ce ,t~.¢ p.topo.6aZ Z6 bevom~ ..q.~a.~e r~mck~ecJ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 April Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Robert & Beth Annello 1980 Leeton Drive, Southold 1000-58-2-13 Margaret Rutkowski Betsey Perkins Secretaries Dear Chairman and Board members: In accordance with your request at the hearing, I reviewed the LWRP report with Mr. Hillary who also consulted with Mark Terry. The recommendation in the LWRP report states: ~Require a minimum 15' non-disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. Note, that the buffer should fully incorporate the Coastal Erosion Hazard Area (Seaward of the Coastal Erosion Hazard Line)." I am advised by Mr. Hillary that the "intent" in the LWRP recommendation was that we keep the existing vegetation which my client planted on either side of the existing deck. This area is planted with Montauk Daisies and is a ~'vegetative buffer" not a ~'non-disturbance buffer" since Montauk Daisies require maintenance (pruning to keep the plants healthy and abundant). These plants are shown on the photograph attached to the LWRP report taken during the Trustees inspection. My client will keep the vegetative buffer as shown on the survey. If there is anything else you need please do not hesitate to contact me. Very truly yours, ~__...,-Patricia C. Moore PCM/mr Encls. Cc: Mr. And Mrs. Annello PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 May 19, 2009 MAY 2 0 2OO9 RE: ANELLO PROPERTY ADDRESS: LEETON DRIVE, SCTM: 1000-58-2-13 SOUTHOLD Dear Chairman: With reference to the above and pursuant to your request, enclosed please find 8 copies of a survey with the revised lot coverage calculations after removal of the walkways. I trust this now completes your file. Thank you. bp encls. C: Mr. & Mrs. Robert Anello ~ ~~~Very truly you Patricia C. ~oore By Betsy~ins LA 05/26/2009 16:26 FAX 631 765 4643 MOORE LAW OFFICES * ZBA ~001 PATRICIA C. MOORE Affomey~Law 51020 Mein Road Southold, New Yo~ 11971 Tel: (516) 7654330 Fax:: (516) 765~643 May 2~ 2 0 0,9., Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 By Fax RE: ANELLO PROPERTY ADDRESS: LEETON DRIVE, SOUTHOLD SCTM: 1000-58-2-13 Dear Chairman: with reference to the above and pursuant to your request, enclosed please find updated notice of disapproval dated May 26, 2009. Revised survey with lot coverage calculations after removal of the walkways was forwarded previously. Thank you. Very truly yours, Patricia C. Moore By Betsy Perkins LA bp encls. C: Mr. & Mrs. Robert Anello Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address:-'¢;¢/;2'~ 2''' 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 November 5, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite i 10 Riverhead, New York 11901 Re: ZBA # 6242 Anp(ello, R. & B. Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. CO~Y OF SUFFOLK Steve Le~ SOIL AND WATER CONSERVATION DISTRICT FAX:(631)727-3160 December 11, 2008 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd P.O. Box 1179 Southold, New York 11971-0959 RE: ZBA File REF. No 6242 (Ar~ello) Paul A. TeNyenhuis DISTRICT MANAOER {651)727-2315 x3 Dear Chairman Goehfinger: As requested, a site review was conducted at 1980 Leeton Drive in Southold. The site was evaluated for potential natural resource concerns regarding the renovation/construction of the dwelling. At the time of this site visit the home was under construction and there were no observed natural resource concerns. The property is protected by a wooden bulkhead that is currently in stabile condition; however, as with all shoreline stabilization practices, it is advised that the bulkhead be inspected after every storm and any compromises to the integrity of the bulkhead repaired immediately. No beach erosion was observed at the toe of the bulkhead. The land above the bulkhead is relatively flat and consists of sand which is vegetated mainly with beach grass. There are no natural resource concerns with regard to the dwelling construction. If you require further assistance in this matter please don't hesitate to let me know. Best regards,, ~ , District Technician 423 GRIFFING AVEN/IE SUITE 110 RIVER~qEAD, NY 11901 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 November 5, 2008 Mark Ten'y, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6242 (An~ello) Dear Mark: We have received an application for construction of as built deck, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Pl, anner_ LWRP Ct ordinatbr Date: April 21, 2009 Re: ZBA file Ref. No. 6242 SCTM 1000-58-2-13 APR 2 2 2009 Request for Variances under Sections 280-124, 280-122 and ZBA Code Interpretation under R. Walz #5039, based on the Building Inspector's amended October 29, 2008 Notice of Disapproval. New construction is proposed as additions and alterations to the existing single-family dwelling at less than the code-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feet. In addition a Variance is request for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lot located at 1980 Leeton Drive, Southold, adjacent to the Long Island Sound. THE FOLLOWING SECTION ADDRESSES THE AS BUILT DECK AND STRUCTURES: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is not located seaward of the Coastal Erosion Hazard Line as depicted on the plat dated as last revised October 16, 2008. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. ~Pi o~ ~ ~ ~q/ 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy 6. Protect and restore the quality and function of the Town of Southold.ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the proposed deck to the Mean High Water line is 7.7 feet (to existing deck) and to the proposed addition is 29 feet (to hottub); a minimum setback distance of 100 feet from the top of bluff is required pursuant to: Chapter 3~ 280-116. Building setback requirements adjacent to water bodies and wetlands which states: A. Lots adjacent to Long Island Sound Fishers Island Sound and Block Island Sound. (2) Except as otherwise provided in Subsection ,4(1) hereof, all buildings or structures located on lots adjacent to sounds shall be set back not less than 100 feet from the ordinary high-water mark q/'said sound Figure 1. Subject Parcel - Outlined in Red. Figure 2. subject parcel. Figure 3. Photo of existing deck. It is recommended that the following best management practice (BMP) be required to further the above policies: Require a minimum 15' non-disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. Note, that the buffer should fully incorporate the Coastal Erosion Hazard Area. It is recommended that the Board require the applicant to amend the action to meet or further the above polices to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attomey AP~¢ 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 SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 5, 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 # 6242 Applicant's Request: Within 500 feet of: Owner/Applicant: Anl, fello, R. & B. Addition/alteration & "as built" deck ( ) State or County Road ( x ) 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 -"-R- CEIVE D 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 11788-0099 TELECOPIER (6311 853-4044 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: htlp://southtown.northfork.net August31,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 1, 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 September 10th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during, the hearing,, providingth , the returned letter to us as soon as possible;' AND not later than September 11 : Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 23rd: 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 Postin.q for receipt by our office before September 29, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/Fi~t Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 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~ APRIL 23, 2009: 9:50 A.M. ROBERT and BETH ANELLO #6242. Request for Variances under Sections 280-124, 280-122 and ZBA Code Interpretation under R. Walz #5039, based on the Building Inspector's amended October 29, 2008 Notice of Disapproval. New construction is proposed as additions and alterations to the existing single-family dwelling at less than the code-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feet. In addition a Variance is request for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lot located at 1980 Leeton Drive, Southold, adjacent to the Long Island Sound. 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: April 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold wcbsitc: htW://southtown.nor thfork.nct March 24, 2009 Re: ToWn Code Chapter 55 - Public Notices for Thursday, April 23, 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 Ti'mes Review newspaper. 1) Before April 7th 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or pdvate 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 retumed to you undeliverable, you are requested to make other attempts to obtain a mailin.q 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 wdtten Statement, or during the hearin.q, providinq the returned letter to us as soon as po'ssible; AND not later than April 9th: 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 whit~ 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 retumed, please advise the Board during the hearing and provide the card (;~en available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Ap~l 13th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office o.n April 16, 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. 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 9th day of April, 2009. Principal Clerk Sworn to before me this CHRISTINA VOLiNSKI NOTARY PUBLIC-STATE OF NF.W YORK NO. 01.VO6105050 Qualified In Suffolk County LEGAL NOTICE SOUTHOIL~ TOWN ZONING BOARD OF APPEALS PUBLIC ltEAR1NG · NOTICE IS HEI~BY GIVEN, par- suant to Sectid~ 26~ of theTown LaW ~nd Fown Code Chapter 2~0 (Zoning),Town of Southold, the fell~wi~g public hearing will be held by the $O .UTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Maid Road, P,O. Box 1179, Soutliold, New Y~rk 0959, on THORSD,~Y,~RIL 23 9:30 A;M. EFSTATHIOS and MARYANN KAT~OULAS ~ 6270. quest terraces .reader $~eti6m 2~ Wale) based on th~ Building. insl~gtor's November 12, 200~:Ngti~ .of_I~ap- proval eoncexmn~g prop0~d additions and a~temt~ons to tl~ ~istigg dwelling, width new eonstmotiott wiJ~ ~onstithte an increase in th~ ~ of f~ont ~]a~d setback and lot coverage non-eo~ffor- ma~Loeation of Prol~ny: 1175 F~rst 27. 9:.40 A.M, MADELINE DROEGE # 6267. Request for a Special Exeep~on in accordance with Code S~ction 280- 13B(14) for estabgshme~t of an Acces- sory Bed and Breakfast. as an accessoxy use in the existing si~gle4amiIy dwelling, with owner-occupancy, for the pm'pose of lodging (two guest 'bedrooms) and serving of breakfast for up to ten (10) Map o~ ~,,~ ~ ~ ~r~' eoee~v/~ar~) ~14-2-~. ~ ~ fian'is pr0~sed ~t ie~h ~e ~- ~ ~d 0n ~e Butl~g~s~rs ~' ~l ~ed October 2~.~ N~ 0fDic ~e~ ~d. ~ New ~S~ is pr0~s~ i55; ,EM~ .~ ZAG~ ~-~ly ~Wgfi~g ~ l~ss ~ ~ts for V~s V~ is re~a~t for 10~; ~a~ dwe~r d~monfi0n of a~fi6n fo$ fi build ~g ~it th eon- ~ an :add~fion (e0ndifi0ned Space) to ae~li the as-built edfistrUcfion ~ th~ d~h~g, Which ~-bmlt ~smcfi0n Will ~ less ~ ~e ~de-reqmed 20 ft. ~- ~ ~om the side yard~ (~e ap~t ~t~aw ~e previom r~uest for ~ and sw/mmlng pool constr~,io~ use). Location of Propelty: 30653,C.R. thhh I00 feet~omthetop.of th~bl~for 48 (a/k/a Middle Road or Noflh Road). bank on l~t~ a~djaeent 'to the L.I. Sound Peconie; CI~I 734-5. ' at, 18gg5 ~ou~t~l*i~w :Avenit~, ~'outho~d; f0:20 A.M. PETER BACC1LE and GTMSl,;t44. · KATHERINE BACCILE '#6266. R~- I:50RM,I~)CHAELandTHERESE est for a Variance u~d~r S~¢~?h<~ . ,alJOH~a8 ~236 (~Otofil~- Hear- b,a~ed on the Bufld~g'I~?e~t~q?~ in~')gReRiinst for~a['isln~s%md~rTS'ee- ctooe~ 16, 2008 Notice of D~sappL0yal ~6/i~ '~80-4 ~id"28g-2~; ~a~d upofi an , c°ncern,m~a]?ropgsedacce~sorYg~r~ge- alYplieal~)n [or a~ouildii~g permit and storage ouildi~g proposedin a ~ide yard th~'B~d~n~ hi~b~et0r~'Sg~)s~,~ east of Oceanwew Avenue), F~hers Is- tl/o ~ ~::t~bbll~ C': ', and CTM t000.9-3-11 ted for ..... ,~; ..... . ,two reasons. (1) ~t consUtutes a 6~5~0u..~:> A.M%DA.¥ID BERWALD # second dwelling unit, and,{-2) ffeonteins tions 280-124 and 280416A(1) based on- the Building Inspector's Nov~mq~et 10, 2008 Notice of Disapproval coneenl~ mg proposed new dwelling con,ruction (after demolition of the e~isting dwell ~g). 'Iti~,r~ construction ~ .beq~s~ than the code redinred minimum: sii~gle side yard at 1~ than I0 fe~t (b) combined side y~ds at less than 25 fee~. (c) se[back less than 100 ~e~t to the bluff adjacent to the Lohg Island Sound. In addition a variance is requested for lot coverage in excess of the code limitation of 20 percept of th6 lot size after ded~ct- mg land area belo~ the top of bin~ Lo- caffon of l~operty: l$2~,Aquaview Av- enue. East ~,afi~n; CTM'ParceI'2252-3. HOLDING, ZINC. ganfl .EDUCA~HDN. AL & CULTUB~L Ftfl?O OF THE JOINT INDUSTRy BOARD FOR THE ELECTRICAL IND~JSTRy #6245 iformer owner: Demetriades Santorini Restaurant/Motel). Location of l~oper ty: 3800 Duck Pond Road. Cu- tchogue adjacent to ,L.LSound. CTM Pl~cel 1000-83-2-17.3. The ~pplicant ing. Inspector's amended October 20. 2008 Notice of Disapproval~ (a) Vartance under Zoning Code Sec- building permit to con,tracts newbuild- lfi~Whi~ v~ili exceed the code Iimite~on of 2½ stories; (b) sp~ial Exception under .~onil!g Code Seclioa 280-35B toedrlst~uct an~ establish u~e as a gOnferenge fac~llty for membex private ~ainin8 and ediloafion ¢lassesl and ~0).Special Exception under Zoning Code Section 280-3~5B concerning as~ poolhome building. 11:I0 A~t~E EKIC McCLURE g ~269. Request f6r %tiafie/~'iln~r S~tion :_2~_,-1:~4 based on'the Bundlng tor. s~ovembor 2~, 21~j08 Rofice of Dis- be less than the c&te reqdii'ed minimum single side y~rd setbaek~og CS feet ane less than l~e min~mllm r uired eom bined side.yardsof 3~ lect. after remowfl of an e~dsting pree~ti.5lmg deck. at 435 L~ng Cre~k: CTM,Parcel # 139-1-23. ~6246. R~ae~t for Variances under Sec- tioas 280-1~C, 280-18, 280-116B, based on the Bditding Inspector's October 20. 2008 Notice of Disapproval concerning less than 850 sqnare feet Of/~ving area Location The Board of Appeals will hear ing to'b~,hear~,~t ~eli hoarlng,'and/or befo~,e th~ co~qd~ion .Of each heating. ,E,aeR I~ariag;~ill, abt'star~ esi'lief than desi~h-gt~t:~b~'Ffle~ ate re~inW ~int'mg r~ business hours ~od BY LINDA KOWALSKI 5~375 Main Road'(OffiCe Locag~nl NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ANELLO, R. & B. #6242 MAP #: 58-2-13 VARIANCE: SETBACKS & LOT COVERAGE REQUEST: ADDITIONS & ALTERATIONS DATE: THURS, APRIL 23, 2009, 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 O~fice Loc adon: Town Annex/First Floor, 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) 765-9{t64 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FACSIMILE TRANSMITTAL SHEET Fax # Date= TOTAL NO. OF P.~GES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordiitg) REFERENCE== NOTES/COMMENTS: Please fred auached copy/copies of d~e following: Thank you. Sender's hfilia[< ~%V~>,._- ZONING BOARD Of APPE~ALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO (Name of Applicant) CTM Parcel #1000-58-2-13 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On th~"7 ~' day of April, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true 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. BETSY PER'KIN~ Sworn to before me this/._~ 7-.'-/ day of April, 2009. ~ (N~tary Public) MARGARET C. RUTKOWSKI Notary Pu~31ic, State of New York No. 4982528 Qualified in Suffolk County . Cprn~iissiQn F-.~@jres J~up,.e 9, pO-O I / PLEASE list, on[neDacK or[ms Am(]avl[ or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ANELLO NEIGHBOR LIST SCTM: 1000-58-2-13 JOHN & CONSTANTINO CALIMINOS 1 MELTON DRIVE WEST ROCKVILLE CTR. NY 11570 SCTM: 1000-58-2-15.2 ELIZABETH DANIELS 421 PARK AVENUE RYE NY 10580 SCTM: 1000-58-2-12 WILLIAM STEELE 1895 LEETON DRIVE SOUTHOLD NY 11971 SCTM: 1000-58-2-10 SCHROEDER FAMILY TRUST 6945 DENMARK STREET ENGLEWOOD FL 34224 SCTM: 1000-58-2-16 RECEIPT 7192 6463 3110 0000 3943 FROM: ,q MELT(~/I)RIVE WEST TOTAL $ 5.32 POST~RK OR DATE RECEIPT RECEIPT 7192 0463 3110 0000 3950 7192 ~ 3110 0000 FROM: FROM: Patdcia C Moore Esq Patric~a C Mo)re Esq SEND TO: ELIZAIIETH DANIELS rFEES: ~ ~'.'b~nm~,~ 270 042 R~bt 2.20 TOTAL $ 5.32 POSTMARK OR DATE SEND TO: ' 1895LEPTON DRIVE FEES:O ~ Fee ? 270 ,~ ~u~ n..~eei pt 2 20 TOTAL $ 5.32 POSTMARK OR DATE RECEIPT 7192 6463 3110 00o0 4c~3 FROM: SEND TO: SCH[~D~-DER FAMILY TRUST TOTAL $ 5.32 POST~RK OR DATE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-58-2-1:3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I,~X0,~\/~, residing at being duly sworn, depose and say that: On the~ day of April, 2009 I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, April 23, 2009. Swo(~n to before me this C~Is day of April, 2009. *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 4, Restricted Delivery? 3. Service T¥, (extr~ Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 3950 7192 6463 3110 0000 3950 C, Date of Delivery 1. Article Addressed To: D, Addressee's Address ELIZABETH DANIELS 421 PARK AVENUE RYE NY 10580 :1 PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 e. Received By:~eas~'~rint ~l~arly) 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number , 7192 6463 3110 0000 4063 7192 6463 3110 0000 4063 1. Article Addressed To: SCHROEDER FAMILY TRUST 6945 DENMARK STREET ENGLEWOOD FL 34224 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 B. Received By: (~ease Print C~early) / 4. Restricted Delivery? J 3. Se~ice Type (Extra Fee) [] YesJ CERTIFIED 2. Article Number ,7192 6463 3110 0000 3943 7192 6463 3110 0000 3943 .~¢'Artlcle Addressed To: JOHN & CONSTANTINO CALIMINOS i MELTON DRIVE WEST ROCKVILLE CTR. NY 11570 PATRICIA C. MOORE Attorney at Law 020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 April 6 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: ROBERT & BETH ANELLO PROPERTY ADDRESS: 1980 LEETON DRIVE, $CTM: 1000-58-2-13 SOUTHOLD Dear Neighbor: I represent the above with regard to their property located at 1980 Leeton Drive, Southold. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals to make additions and alterations to existing single-family dwelling at less than the code-required minimum concerning side yard less than 10 feet, total side yards less than 25 feet and lot coverage which exceeds the code limitation of 20%. The hearing on this matter is scheduled for THURSDAY, APRIL 23, 2009 at 9:50 A.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very trul~ yours Moore PCM/bp encls. C: Mr. & Mrs. Robert Anello