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HomeMy WebLinkAbout6323 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 April 14, 2010 Mark K. Schwartz, AIA P.O. Box 933 Cutchogue, NY 11935 RE: Tenedios File#6323 Dear Mr. Schwartz: In response to your letter dated April 1,2010, the Board, by Resolution, on April 8, 2010, approved your request to relocate the pool and pool accessory structure that were approved in a non-conforming side yard in appeal #6323. The proposed new location is in keeping with the intent of the original grant dated March 16, 2010, because the accessory structures will continue to be in the same side yard and will be placed nine feet further away from the easterly property line, as shown on the site plan dated April 1, 2010 sheet number S-lc prepared by Mark K. Schwartz, AIA Architect, PLLC. Leslie l~anes elsman Chairperson Cc: Building dept., file P,CHITECT MARK SCHWARTZ & ASSOCIATES 28495 Main Road · PO Box 933 · Cutchogue, NY 11935 631.734.4185 [ www. mksarchitect.com April 01, 2010 To: Projece FrolxE Southold Town Zoning Board of Appeals P. O. Box 1179 Southold, New York 11971 Tenedios Property 17327 Main Road East Marion, New York (SCTM# 1000-23-01~14.1) Mark Schwartz, AIA APR 0 1 2010 We transmit the following - hand delivered on AlVri101, 2010 Remarks: We are requesting an approval for a sligl, t change of location of the approved pool, patio and pool house. The intent is to move the exact a~proved pool, patio and pool house nine feet to the west as shown on the revised Site Plan dated 04/01/10. We feel this is a de minimis request and would like you to review the plans and make a decision as soon as pos~'ble. Please call this office ff yon have questions or require additional information. Thank you. Sincerely, i AIA Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 RI EIVED -, 'q'2 5 2010 FINDINGS, DELIBERATIONS AND DETERMINATIONT:'.;c!,J Town ¢le/J MEETING OF MARCH 16, 2010 ZBA FILE 6323 NAME OF APPLICANT: Steve and Olga Tenedios PROPERTY LOCATION: 17327 Main Road, East Marion, NY CTM 1000-23-1-14.10 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 August 19, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 77,284 square foot lot, of which, 52,116 sq. ft. is considered the buildable land on this waterfront parcel in the R-80 Residential District. The northerly lot line lies along Long Island Sound and measures 245.26 feet. The easterly lot line measures275.68 feet, and is adjacent to a five foot wide legal R.O.W. along this boundary. The R.O.W. provides access to property containing a beach with deeded access rights held in common with other property owners of lots created by the "Brionngloid by the Sea" subdivision, as shown on a filed map, and also on the site survey submitted by the Applicant. The southerly lot line measures 300.35 feet, of which 205+/- feet is adjacent to a 50 foot wide legal right of way shared in common with two adjacent lots. The westerly lot line measures 294 feet. The parcel is improved with a 5,558.6+/- square foot, two-story single family dwelling, which is currently under construction, and which will include an attached garage. BASIS OF APPLICATION: Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009, Amended December 5, 2009, concerning the following proposed new construction: 1) The proposed accessory garage is not permitted: a) with a setback less than 55 feet from the front yard line along the right-of-way; b) with a size that exceeds the code limitation of 750 square feet; 2) The proposed accessory pool structure is not permitted in the side yard when a front or rear yard location is code required. 3) The proposed swimming pool is not permitted in a side yard when a front yard or rear yard location is code-required. RELIEF REQUESTED: The requested variances are for: 1) an accessory garage at 25 feet from the legal right of way, to be also partially situated in the side yard, and with the proposed garage measurement 1760 sq. ft., 2) an in-ground swimming pool and accessory pool structure, to be located in Page 2- March 16, 2010 ZBA File#6323 - Steve and Olga Tcnedios CTM: 1000-23-1-14.10 at 17327 Main Rd., East Marion the side yard, with the proposed accessory pool structure and pergola measuring larger than the code required 750 sq. ft., and having dormers proposed to exceed 40% of the roof area. AMENDED APPLICATION: During the Oct.29, 2009 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on Dec. 15, 2009, based upon the issuance of an amended Notice of Disapproval dated Dec.5, 2009, submitted a revised site plan dated Dec. 1, 2009. The revised site plan reduced the size of the proposed garage to 1120 square foot, by removing an attached 640 square foot pergola, as had been originally proposed on the site plan survey drawn by Mark K. Schwartz, AIA, and dated July 1, 2009, which eliminated the necessity of the original variance regarding the partial side yard location. The revised site plan also reduced the size of the proposed accessory pool structure to 729 square foot by removing an attached 162 square foot pergola. The changes to the site plan were intended to bring the plan into more conformity with the codes. ADDITIONAL INFORMATION: The subject pamel is noted as being Lot 6 on a subdivision map of "Brionngloid By The Sea approved by the Southold Town Planning Board on July17, 1978. The legal 50 foot R.O.W. sited in the Notice of Disapproval is drawn on this map, and is also drawn on the site survey filed by the Applicant. The owner of the two lots to the south of the subject property appeared at the Public Hearing in opposition to the application. More specifically, the basis for the opposition was the obstruction of the views to the north and the piecemeal approval of the residence and accessory structures on the property. It is noted that the adjoining property owner conceded that there were no restrictions in the subdivision approval restricting the obstruction of these views, nor were there any covenants on the applicant's property protecting the adjoining neighbors' views. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing for this application on Oct. 29, 2009, and continued on Jan. 21, 2010, at which time written and oral evidence was 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 and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings relating to the proposed accessory garage: 1. Town Law §267-b(3}(b){t}. Grant of the variances for the proposed non-conforming 1120 square foot two-story garage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The size of this two-story garage would be almost twice the 750 square foot size permitted by Town Code since the enactment of Local Law #2-2007. The proposed front yard/ side yard location with only a 25 foot setback from an existing legal R.O.W., where Town Code requires a 55 foot setback, would create an additional detriment to near by property owners and the character of the neighborhood. The Board examined a profile of 27 existing accessory structures located within the adjacent residential neighborhood (as submitted by the applicant in their letter to the Board dated December 15,2009, and found that while there are several non-conforming sized accessory structures in the neighborhood, they represent less than 15% of the total number of the existing structures. Of the 15% of these structures within the profile, most were constructed prior to the 2007 amendment to the code. As this Board has recently found in its decision # 6331(LoganNValker) dated 2/18/10. More than 85% of the existing accessory structures in the neighborhood are of Code-conforming size. The Board finds that the granting of such significant size and area variances for the new construction of a large non- conforming accessory garage, as requested by the Applicant, would be detrimental to the character of this residential neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Board finds that the Applicant could locate and construct an accessory garage on the property in a conforming area, and be of a size that did conform to Town Code. Page 3- March 16, 2010 ZBA File#6323 - Steve and Olga Tenedios CTM: 1000-23-1-14,10 at 17327 Main Rd., East Marion 3. Town Law §267-b{3)ib}{31. The variances requested, if granted, are very substantial. The applicant requests a 49% +/- building size variance; and an additional 54% +/- front yard setback area variance, for the proposed two-story garage. The Board finds that the granting of the variances to this Applicant for such proposed new construction is not in accordance with the overall intent of Town Code, particularly as expressed by Local Law#2-2007, regarding the bulk size of permitted accessory structures, and that the variances requested are not within the customary parameters of relief requested for the granting of variances for such proposed new construction. 4, Town Law §267-b(3)(b)(4). Verbal and written testimony 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. From a physical or aesthetic perspective the applicant's proposed accessory structures would have a negative impact on the conditions in the neighborhood. There is no indication that these proposed structures will in any way conform to the character of this neighborhood and settle in unnoticed among the other homes and lots in the area. Rather, applicant's proposal, if approved, will constitute a step towards altering the landscape of this community forever, since a granting of a variance for an oversized garage here will, no doubt, raise similar requests that may not be easily distinguishable. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The Applicant could construct a Code-conforming garage on this property. While the Applicant's representative testified that the Applicant required a 1120 sq. ff. for their collection of antique cars, personal convenience is not a basis for this Board to grant applicant's requested relief, especially where, as here, it would be to the detriment of the character of this residential neighborhood. 6. Town Law §267-b. Grant of the requested variances is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two-story garage 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 MemberWeisman (Chairperson), seconded by Member Goehringer, and duly carried, to DENY, the variances for the proposed accessory garage as applied for and as amended, shown on Site Plan, labeled S-1 received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, and proposed garage and pool house Architectural Plans received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, labeled A-l, A-2 and A-3. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). (Absent was: Member Homing) This Resolution was duly adopted (3-0-1). Member Dinizio abstained. On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings relating to the proposed swimming pool and one story accessory pool structure: 1. Town Law §267-b(3)(b)(1}. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A swimming pool and related pool accessory structure is customary in the Residential District, and in this neighborhood. 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. The rear yard of this Applicant Page 4- March 16,2010 ZBA File#6323 Steve and OlgaTenedios CTM: 1000-23-1-14.10 at 17327 Main Rd., E~st Marion lies almost entirely within a Coastal Erosion Hazard and Flood Zone, and as such is not suitable for any construction. The Applicant's proposed driveway will occupy most of the front yard, where alternatively, a Code conforming swimming pool could be constructed. Since the Applicant did not propose to locate the pool in a part of the front yard, a side yard placement is the only feasible location for such a proposed pool and adjacent accessory pool structure. 3. Town Law §267-b(3)ib){3). The variances granted herein are not substantial. Although the proposed swimming pool and accessory pool structure will be located in the side yard, no other variances are required. 4~ Town Law _6267-b{3)ib)(4) No evidence has been submitted to suggest that the variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-bi3){b)(5). The difficulty has not been self-created. The Applicant could not locate a swimming pool and pool house within a conforming front yard area due to the existing right of way and the existing septic system 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 an in-ground swimming pool and one-story pool house 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 (Chairman), seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, for the proposed swimming pool and accessory pool structure, as shown on Site Plan, labeled S-1 received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, and proposed garage and pool house Architectural Plans received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, labeled A-l, A-2 and A-3, subject to the following conditions; 1. The pool accessory structure shall remain unheated and un-air-conditioned and to be used seasonally only. 2. No habitable space, sleeping or cooking facilities shall be allowed in the pool accessory structure. 3. Installation of a drywell for pool water backwash is required. 4. Pool mechanical equipment must be housed in a soundproof container. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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. Page 5- March 16, 2010 ZBA Fileg6323 - Steve and Olga Tenedios CTM: 1000-23-1-14.10 at 17327 Main Rd., E~st Marion Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). (Absent was: Member Horning) This Resolution was duly adopted (3-0-1). Member Dinizio abstained. Leslie Kanes Weisman, Chairperson Approved for filing ,.~/~¢ /2010 / Southohf ?own Clerl IN BA~E~UE DETAIL5 I1~~ I~ ~11 ~'~ ' - LAND OF THE STATE EX,IN6HO'SE ,=a7,SQ.' 1.~% '?'"}" SIDEWALK SCALE. 1 = 20-0 ~- ........ ~.o:~.~ 25' WIDE R.O.W. DATED / / ,~o,o~,ou,~= ~""~ ~' "~' ~ ~ % +~ PER FILED MAP - o.~% ~ ~u ~.. ~ c,.~. co~,*~,,~,~ ~*~o ~o~,~ (VACANT) ,.o,o,,.=.,~.~ ,=,~... ,.-. ,...~+'~ .,.,,~. co~,~,.~.~...~,=~ o~..~..~=....,ow,..o.,~,.~,,,.o.,.~. PROPOSED NEW LOCATION OF ,00CU. YDBEDONEBY.AND. ~ER,.SOIL~OND,TION,j, POOL PAtiO & ALTERED ESUILT-IN E~,R~tB, E<::2UE DET,,&IL6 C=ENEt~.,&TOt~ pIT 8.PEC, IFICATION$ DEC PHOTOS PHOTO E pHOTOA PHOTO F PHOTO G PHOTO C SUFFOLK COUNTY TAX MAP No.: 1000-23-1-14.1 PHOTO H DESCRIPTION: PHOTO AREA: LOT COVERAGE: EXCAVATE: FILL: REMARKS: L o N S 0 U N D 4' (TiE LINE ALONG APPARENT HIGH WATERJ COASTAL BARRIER -- __ __FLOOD EL 15 ',v/ PIT (VERIFY .* ,' ,' .' ,' ,' ,' ,~ LCCATIONIN FIELD t t L wi OWNER) GARAGE FLOOD HOUSE " " 20' X 40' POOL PATIO ~N GRADE ......,. ;... 25' WIDE R,().W. PER FILED / PARCEL PEF', FILED MAP POOL HOUSE m FRM INSTALL STRAW BALES AND SILT FENCING AS INDICATED (SEE ERROSION CONTROL DETAIL SHEET) LAND OF THE STATE OF NEW YORK ' TO pROPERTY LINE ,.B' TO RIGHT of WA"( (VACANT) 25' WIDE R.O.W. PER FILED MAP SITE PREPERATION: S 56'27'30"W300,354' PROPOSED SIDEWALK (VACANT SITE PLAN SCALE: 1" = 20'-0' RECEIVED DEr' 15 !9 OARD OFAPPEALs REVISIONS: / < 0 2: O <~ < SOUTH ELEVATION SCALE: 1/4" = 1'-0" WEST ELEVAT]:ON SCALE: '1/4" = I'-0" FINAL MAP REVIEWED BY ZBA SEE DECISION # 65~ DATED / / ~o/o NORTH ELEVATTON ~:~~ EAST ELEVATfON SCALE: 1/4" = 1'-0" i G PRO]ECT NORTH 2ND. FLOOR PLAN SCALE: 1/4"= 1'-0' 653.2 SQ. FT. J ~ GARAGE ....... _,,, , , G PRO]ECT NORTH 1ST. FLOOR PLAN SCALE: 1/4"= 1'-o' j ]]2o.o SQ. FTJI S~EET NUMBER, A-2 \'\'N,\, \, \ ,/// UNHEATED STORAGE I,,'',,I ~A__TH_ ,/ N ~ ~ /UNHEATED POOL HOUSE CATHEDRAL CEILING (3) 1-3/4X14 ML HEADER Ik 2?-0" -o- ~ ,~ZCZL I ~, , , , ",, ,," I I ! i[,z,x : rL,T · I",,I I,,' I II J iL,iL,El SOUTH ETL,,EV~,TTION WEST ELTE, V~ION ~ PROJECT NORTH FLOOR ,;P_LA;,N : ' I 729.0 SQ. FT, I L I NORTH ELEVATTON SCALE: 1/4" = 1'-0" EAST ELEVATTON SCALE: 1/4" = ].'-0" -~-C3~-~ ?ECI ~' ?005 ~041~D OF ,qp~E,q~.$ RE'WSION8; I O O © ~:~L~ ~ '7 ~..? '" -- FORM NO. 3 ~'//. ":~¢)-~, ~No~ICE OF DISAPPROVAL '~ ,"~'~ ?" ~ ] YOW~ OF SOUTHOLD TO: Pat~cia Moore for~'' ~k~ ~ ' ?~,~. Amended: D~c. 5, 2009 S & O Tenedios v . ,~ 51020 Main Rd. ~ (L Southold, NY 11971 Please take notice that your application dated June 30, 2009 For a non-conforming accessory garage & pool & pool house at Location of property: 17327 Main Road, E. Marion, NY County Tax Map No. 1000 - Section 23 Block I Lot 14.10 Is returned herewith and disapproved on the following grounds: The accessory garage, on this waterfront parcel, is not permitted pursuant to Article III, Section 280-15 (C) & (F), In the case of a waterfront parcel, accessory buildings & structures may be located in the front yard, provided that such buildings.., meet the front yard principal setback requirements as set forth by this Code, & the side yard setback requirements for accessory buildings in Section B. The garage is required to be 55' from the legal R.O.W. The survey indicates the garage at 25'from the front R.O.W. Furthermore the garage shall not exceed 750 sq. ft. on lots measuring 20-60,000 sq. fl. The survey indicates the garage measure 1120 sq. ft. ~d 6CLf~ Jq0/4~ ['~9 ~ The proposed pool & pool house are not permitted pursuant to Section 280-15(F) since they are located in the side yard. Note: Pool house plans amended to show one level only. c Authorized Signature Amended to remove pergola design from both structures. ~ 0?/08/2009 09:33 7656641 BOARD DF TRUSTEES PAGE 0l FORM NO. 3 NOTICE OF DISAppROVAL TOWN OF $OUTltOLD TO: Datc: Ju!77, 2009 , ; Pm6ciaMoore ~r S & 0 Tenedbs 51020MainRd. Southol~.NYl1971 Please take notice that your application dated June 30 2009 For an accessory garage & pool & pool house at Location of property: 17327 Main Road, E. Marion NY County Tax Map No. 1000 - Section 23 Block 1 Lot 1'4.10 Is retgmed herewith and disapproved on the following grounds: 1. The accessory garage, on this waterfront parcel, is not permitted pursuant to Article III, Section 280q$ (C) & (V) In the case of a watt, rent parcel, accessory, buildings & stmctur~ may be located in the firont yard provided that such buildings... 'meet' thc front yard principal setback requirements as set forth by thins Code, & the side yard setback requirements for accessory buildings in Section B. The garage is required to be 55' from the legal R.O.W. The survey indicates the garage/pergoh structure at 25' from the front R.O.W. & partially in the side yard. Furthermore accessory .structures shall not exceed 750 sq. ii. on lots measuring 20-60,000 sq. ft. The survey indicates the garage/pergola rr~asures 1760 sq. fi. ' 2. The proposed pool & pool house are not pen~itted pursuant to Section 280-15(F) since they are located in thc side yard. Note: The pool house structure exceeds 750 sq. ff. & indicates dormers more than 40% ofro~f width. Authorized Signature TO: Mark Schwartz for S & O Tenedios P O Box 933 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD Date: May 18, 2009 Please take notice that your application dated May 14, 2009 For a non-conforming accessory garage/apartment & pool/habitable pool house at Location of property: 17327 Main Road, E. Marion, NY County Tax Map No. 1000 - Section 23 Block 1 Lot 14. l 0 Is returned hereWith and disapproved on the following grounds: The accessories by design, are not permitted pursuant to Article llI, Section 280-13, In AC,... R Districts, no building Or premises shall be used and not building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses. A second dwelling is not a permitted use. Both accessories are proposed as dwellings. Also, all three accessories are situated in the side yard. In addition the accessory garage building is not permitted pursuant to Article I11, 280-15, C. Such buildings shall not exceed 750 sq. ft. on lots between 20,000 & 60,000 sq. It. The survey indicates a building measuring 1760sq. ft. on 52,116 sq. tt. ofbuildable land. Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECeivED i UG 4 THOMAS A, ISLES, A.I.C.P DIRECTOR OF PLANNING August 19, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission were to be amatter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Swing, Robert Tenedios, Steve & Olga Parra, Lorraine Farrand-Mooney, Kathryn Meskouris, Chris & Maryann Shipman, Jon& Jennifer Morris, Betty Ann & Kevin 6320 6323 6324 6335 6326 6327 6328 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. SOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 To: OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trastees MAi LING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-193 Fax: 631 765-3136 From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator ~ i ' ~ ' , Date: October 6, 2008 ., Re: Chapter 268, WATERFRONT CONSISTENCY REVIE¥,/ Wetland Permit for STEVEN & OLGA TENEDIOS SCTM#23-1-14.1 STEVEN & OLGA TENEDIOS request a Wetland Permit to demolish the existing structures on the property and construct a new dwelling and detached garage. Located: 17327 Main Rd., East Marion. SCTM#23-1-14.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. A. No development is permitted in natural protective [eature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Natural protective features are nearshore areas, beaches, dunes, bluffs, and wetlands and associated natural vegetation. NATURAL PROTECTIVE FEATURE AREA ~- A land and/or water area containing natural protective features the alteration of which might reduce or destroy the protection afforded other lands against erosion or high water or lower the reserve of sand or other natural materials available to replenish storm losses through natural processes. All development is prohibited on the beach pursuant to § 111-12. A beach as defined in § 275-2 is 100 feet landward from the line of oermanent vegetation. The location of the proposed action is with in the beach[ approximately 35 feet from the line of permanent vegetation (see Figure #1 below). Further, the Board ot Trustee~ iurisdiction is within I00 feet of the beach pursuant to § 275-3. Please require that the applicant amend the application to the greatest extent practicable~ § 275-2 Definitions; word usage. BEACH - The zone of unconsolidated earth that extends' landward from the mean low water line to the seaward toe ora dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward ora beach, the landwardlimd ora beach is l OO feet landward from the place where there is a marked change in material or physiographic form from the line of permanent vegetation, whichever is most seawara[ Shorelands subject to seasonal or frequent overwash or inundation are considered to be beaches. § 111-6. Definitions. NATUIC4L PROTECTIVE FEATURE -- 21 nearshore area, beach, bluff, primary dune, secondary dune or marsh and their vegetation. § 111-12. Beach area. D. Ail development is prohibited on beaches unless specifically provided for by this chapter. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, fiat, marsh, swamp, wet meadow, bog, or vernal pool; Land within l O0,[bet of the areas listed abov~ - BEACH- 1 O0 feet landward from the line of permanent vegetation. Figure gl-Represents the beach of STEVEN & OLGA TENEDIOS SCTM#23-1-14.1. If the agency, Board of Trustees ~ ~es a contrary determination of consistt ~, the agency shall elaborate in writino, the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the L~YP~P, and the agency makes a contrary determination of consistency, the agencg~ shah elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WI~P policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. APPLICATION TO THE SOUTHOLD TOWN BOARD OF: APPEAI~Svut. 6~ ~; i~'~ House No. 17327 Street Main Road Hamlet East Marion SCTM 1000Section 2~3 Block l~Lot(s). 14.10 Lot Size 77,284 sq.ft. Zone R-80 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_ July 7, 2009 BASED ON MAP July 1st, 2009 Applicant(s)/Owoer(s): Steve & OIga Tenedios Mailing Address: 17327 Main Road, East Marion NY Telephone: 1-917-796-7920 Fax #: Email: pcmoorel(~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, eontract 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:_pcmoorel~optonline.net Please checl~ box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or EAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED July 1't 2009and DENIED AN APPLICATION DATED June 30,2009 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article III Section 280- 15 garage front yard setback 25' from ROW on filed map and partially in side yard 2. Article III Section 280-15 (F) Accessory structure in side yard- Pool, pool house and portion of garage in side yard and design of Pool House with Pergola exceeds 750 sq.ft. 3. Garage with exceeds 750 sq.ft. 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~yez I~or appeal has, E has not been made at any time with respect to this property, UNDER Appeal No. ea ~C~Please be sure to research before completing this question or call our o~]~e for assistance.) .... Name of Owner: Steve & Olga Tenedios ~BA File # REASONS FOR APPEAL (additional sheets mag 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 subject parcel is Lot 6 on a filed subdivision map of Brionngloid~by-the-sea at East Marion approved by the Southold Planning Board on July 17, 1978. Lot 6 has access to the Main Road over a right-of-way between Lot 4 and Lot 5, however, the map shows a right-of-way which is unimproved and leads to the adjacent land owned by the State of New York which is open space and a parking area for the East Ma rion Long Island Sound beach. The purpose of the right-of-way is not defined and it's use for other parcels is limited. The right-of-way could not be made into an access to the State Land without consent by the State of New York which permission would be highly unlikely, therefore this right-of-way is a "paper right-of- way". Because the parcel is located adjacent to the Long Island Sound accessory structures must be located in the side yard rather than seaward of thc house. The proposed garage must be located 55 feet from the dead end right-of-way, is oversized in order to provide safe storage of the owner's car collection. The owner considered multiple garages rather than one larger garage, however, multiple structures would detract from the residential waterfront property. In addition, the accessory structures are to scale of the house which is under construction. The right-of-way does not currently provide access to any lots, other than the subject property. The State of New York is the adjacent property owner and the land will not be developed. The architect has designed a pergola which the notice of disapproval includes in the size of both accessory structures. The Pergola does not provide habitable space and is not the intent of the size limitation for accessory structures. The garage, however, exceeds 750 square feet and the owner has requested the larger garage for storage ofclassic vehicles. The dormers have been architecturally designed to match the design of the house. The proposed accessory structures are set back 127 to 133 feet from the Long Island Sound and are landward of the Coastal Erosion Hazard line. Non of theses structures are visible from Route 25 and these variances are in character with the stately homes in East Marion. (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 accessory structures are located away from the Long Island Sound and the side yard is the open yard area. We tried to negotiate with the owner of Lot 4 and Lot 5, Mr. Stankowich to define the right-of-way for "pedestrian use" as we believe had been intended when the subdivision was filed. He rejected this request. Since the right-of-way appears on a filed map we must treat the right-of-way as a "front yard" regardless of the actual limited use of the right-of-way. The right-of-way on the applicant's property is not improved and does not provide vehicular access to the adjacent parcels. Each lot in the subdivision has their own access both to the road and to the beach. The right-of-way will be improved as a residential driveway. The architect has designed accessory structures which compliment the main house. The owner requested a larger garage to store his private vehicle collection. The pool house pergola increases the size of the structure, according to the building department. While pergola is "lot coverage" it is not habitable space and does not fall within the intent of size requirements of accessory structures. This should be clarified for the building department. (3) The amount of relief requested is not substantial because: The accessory structures are appropriately set back from the side property line owned by the State of New York. The side yard is open and unobstructed. The parcel is 77,284 square feet in size with 52,116 square feet as "buildable", therefore, it is a large waterfront parcel which can accommodate the proposed accessory structures. The parcel is 77,284 sq.ft, in actual size and completely isolated from neighbors. The garage space is a private garage for the owner and not used for commercial purposes. The applicant uses this right-of-way from the house to the Main Road and has no intent to open the right- of-way to the east. The lot size by taxes and deed is 77,284 sq.ft, and the accessory structures are proportionate to the size of the property. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The placement of the accessory structures in a side yard is an environmentally appropriate, keeping all structures away from the Long Island Sound. The larger garage limits the number of accessory structures. Rather than requesting multiple smaller garages, a larger garage is proposed. The pergola is an architectural feature, pervious and does not provide habitable space. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No Are there Covenants and Restrictions concerning this land: No. X yes but not applicable (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this ~ ~'~ ~y~f~, :o O ~ Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Steve Tenedios 1000-23-1-14.1 Is the subject premises listed on the real estate market for sale? Yes XNo 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? e.y~L 2) Are these areas shown on the map submitted with this application? ~ 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~es Please confirm status of your inquiry or application with the Trustees: more than 100' from wetlands and if issued, please attach copies of permit with conditions and approved map. D. ls 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? yes- house 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 proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel house under construction proposed use accessory structures (exam~les.'--exi~iag: single-family; proposed: same with garage or pool, or other description.) Authori-'~'~Signature and Date 2/05; 1/07 If yes, please label the and APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Steve & Olga Tenedios Date Prepared:July 8, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Request is to locate Dronosed ~,araee, pool and pool house landward of Long Island Sound which requires variance from front yard setback to mapped right-of-way for proposed garage and placement of structures in a "side yard". Size of pool house structures exceeds 750 sq.ft, limitation because Pergola is included in the size calculation. Garage exceeds 750 square feet because owner storing private collection. Dimensions of first floor extension- garage 28' x 40' (collects classic cars), pool house 27' x 27', 20' x 40' pool, pergola is not habitable or living space Dimensions of new second floor-unheated storage area Dimensions of floor above second level: none- 2 story Height (from finished ground to top of ridge): to code Is basement or lowest floor area being constructed crawl space 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: Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): 17. 4% Proposed increase of building coverage: n/a Square footage of your 1ot:__52,116 sq.ft. (Upland) Percentage of coverage of your lot by building area: 17.4% V. Purpose of New Construction Requested: earaee nrovides additional storaee space for ear collection, pool house and pool, all structures are for residential private use VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _adjacent to Long Island Sound therefore only area available for structures is side yard. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered PROJECT ID NUMBER SEQR PART 1 - PROJECT iNFORMATION 1. APPLICANT / SPONSOR 3.PROJECT LOCATION: Municipality I 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A~ )licant or Project Sponsor) 2. PROJECT NAME 4 PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or erovide reaL* 5. IS PROPOSED ACTION: ~ New ~ Expansion ~ M~ification / alteration ! ~ f ~ 7. AMOUNT OF LAND AFFECTED: Initially ~ acres Ultimately ~- acres 8. WILL PROPOSEO ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [] Yes [] No If no, describe briefly: 9. WHAT I~S PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~Residenlial ~]lndustrial [~Commercial E~Agriculture ['--~Park/Forest/OpenSpace [-~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local} [~JYes r~7[No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~]Yes ~]No If yes, list agency name and permit / approval: 12~ AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION9 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE ~ THRESHOLD tN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. []]Yes []]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater qualgy er quantity, noise levels, existing traffic pa~tern, solid waste production or disposal, potengal for erosion, drainage or flooding problems? Explain bdefly: C2. A~sth;fi~, a~)icugural','~rchaeological, hisiorici'o~ other' nahJrai 'o~ culi'~ ~al m'~ourc;~i o'r c~)mmungy Or neighDorhood character? Explain briefly' l" C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A communi[y's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Longterm, shortterm, cumulative, or other effects not idenfified in Cl.CS? Explainbdefly: C7. Other impacts (including changes in use of either quanti~ or e of ener ? Explain bdefl)': 0. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? (If }'es, explain bgefl~/: i~1 Yes LIND E. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If },es expla n PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ec~iden~i~edab~ve~determineWhetheritissubstan~ia~~~arge~im~~rtant~r~therwjsesign~~cant~ Each affect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) pmbabilib/of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add atlachments or reference supporting materials. Ensure that explanations contain su~cientdetai~t~sh~wthata~~reIevantadverseimpac~shaVebeenidenti~edandedequate~yaddressed~ If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly lo the FULL EAF and/or prepare a positive declaration. Check lhis box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed acgor WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determine§on. Name of Lead Agency Date Tfl~e of Responsible Officer Signature of Preparer (If different from responsible officer) Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS .... ~ ; TOWN OF SOUTHOLD ~ WHENTOUSETHISFORM: Thefortnmustbecotnpletedbytheappliclntfora~n~yLspeei~al~S~ertnit, site plan approva~ Use variance, or subdivision approval on property within an agricultural district OR .within 500 feet of a fartn operation located in agricultural districa All applications r~quiring an ~gricultural data statetnent must be referred to the Suffolk County Department of Planning in accordance with section~ 2f9- tn and 239~n of the General Municipal)Law. 2)AddressofApplicant: /7327 ,[;q~ / ~ {~oc=t . P-~ X P l']'16t l/,. o21, 3) Name of Land OVa/er (if other than applicant): $~ ' 4) Address of Land Owner: 5) Description of Proposed Project: [/¢~./., ct~-tt-.C.e ¢tztdg, q,a /}t~i2~Ct(. r'~ (J /tJ'- i~L ~f/g72.t// 6) Location of Property (road and tax map number): /0~O -- .;z3 -- / - //1t. /O 7) Is the parcel within an agricultural district? [~No I-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No [~Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Na.__me and Address 1. --~ MonC._ 2. (Please use back side of page if more than six property owners are identified.) The lot numbers ~ obtained, in advance, when requested from the Office of the 1938 or~ ~a~d of Appeals at 765-1809. . . Planning Board at 765- ( ~r~~ ~. //// d~7 ~"~-~atare of Applicant ~ Note: 1. The local board will solicit corrmaents from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration a~ part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. 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 &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 beneficiaI 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, lfan 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 Construction of accessory structures 135 feet fi.om Long Island Sound SCTM# 1000-23-1-14.10 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 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: [] Type: __ I'own of Southold LWRP Consislency Assessmenl Form 1 Nature and extent of action: Construction of accessory structures in side yard and closer to dead end right-of-way in order to move structures away from Long Island Sound Location of action: 17327 Main Road, East Marion Site acreage: 77,284 sq.ft. Present land use: existing residence demolished new dwelling under construction more than 100 feet from Long Island Sound, accessory structures in side and front yard Present zoning classification: r-80 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: Steve & Olga Tenedios (b) Mailing address: c/o Patrieia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X 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 o fa coastal location, and minimizes adverse effects of development. See L WRP Section 111 - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Project is located on Long Island Sound The subject property was improved by an existing single family dwelling which was demolished and new house under construction. Owner wishes to locate accessory structures in side yard,, away from the Long Island Sound, which necessitates a front yard variance from a mapped right-of-way for garage and variance for accessory structures in the side yard. In addition a wetland permit is requested. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 Yes [] No [] Not Applicable X Discussion (if appropriate): The sub}ect property is consistent with LWRP as it is located more than 100 feet from Long Island Sound. The site was formerly developed with a single family dwelling. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate) The proposed location of all structures is more than 100 feet from the Long Island Sound. 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 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): consistent with this policy- applicant needs a variance to move further landward, a wetland permit, if required, is requested Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section 11I- Policies Pages 16 through 21 for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on water quality- residential use 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 111 - Policies; Pages 22 through 32for evaluation criteria. Yes Fl No [] Not Applicable X Discussion (if appropriate): Island Sound. Proposed construction is more than 100 feet from Long Policy Z Protect and improve air quality in the Town of Southold See L WRP Section III - Policies Pages 32 through 34for evaluation criteria, See Section III - Policies Pages: 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): No impact on air quality Town of Southold LWRP Consistency Assessment Form 3 6322 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section Ill -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. 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 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The public access to the Long Island Sound is on the adjacent Town/State beach and boat access. 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 111 - Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Accessory structures will not affect water dependent uses Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): more than 100 feet from Long Island Sound Policy 12. Protect agricultural lands in the Town of Southold See L WRP Section 1II - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no agriculture is conducted on the land, lot 6 on a Planning Board approved subdivision Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section 1H- Policies; Pages 65 through 68for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 4 Yes [] No [] Not Applicable X Discussion (if appropriate): All construction will comply with applicable energ3~ codes *copy of Town form created on 2/11/06 Town of Southold LWP~P Consistency Assessment Form 5 TOWN OF SOUTHOI BUILDING DEPART? TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) ~6579502 SouthoidTowmNorthF¢ L - BLDG. DEPT. ' T~LS_OpT~OI.p BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of HeaIth 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 Examined 20__ Approved ,20 Disapproved a/c ~ ~ ~/~ Expiration ,20 Contact: Mail to: /~ff.~ Phone: 73 Building Inspector APPLICATION FOR BUILDING PERMIT Date 0~-/~.-~/, ~. ,20__ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink~ and scbmitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to Schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and water,rays. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building lnspec{or will issue a Building Permit to the applicant. Such a permit shall be kept on the prenfises 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. fi Every building permit shall expire if the work authorized has not commenced within 12 months at~er the date of issuance or ha.s not been completed within 18 months from such date. If no zoning amen. dments or other regulations affecting the property Imve been 'enacted in the interim, the Building Inspector may authorize,,in writihg, the extension of the permit for an addition Six months~ .Thereafter, a new permit shall be required ..... . · APPLICATION IS HEREBY MADE to the Building Department for the issuance of a'B. uilding Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as here'ffr'~¥scribed. The applicant agrees to comply with all applicable laws, ordinances, building code, housing ~;ode, and regulatiOns,tired to admit authorized inspectors on premises and in building for necessary inspections. (Sig~a~e of-ap'piled or name, if a corporation) ,e (Mailing address of applicant) State whether applicant is owner, lessee ngineer, general contractor, electrician, plumber or builder (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: ! 73 2'7 /zO House Number Street re/.,o Ham]et Block O / Filed Map No. County Tax Map No. 1000 Section Lot / ~' JO Subdivision Lot 2. State existing use and occupancy of premises and intende a. Existing use and occupancy L _ b. Intended use and occupancy ~4¢g~; ~'/ g 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. Ifdwell~ng, number ofdwellingunits If garage; number0fcars '.rL~ and ,ocbu'pa~cy,. o f proposed constm, ction: ~/ Addition Alteration Other Work (Description) Fee (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusir/ess, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions oF-ex~s"2fing structures, if any: Front Rear .Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories Rear 8. Dimensions of entir, e new,construction: Front Rear Height 9. Sizeoflot:Fro~nt~ ~'~'~'~ Number°fStffiefir~ Re Depth Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated )~/~t~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES V NO Will excess fill be removed from premises? YES__ NO X 14. Names of Owner ofprem~i_ses 7~,,4,/~/'~! ~f Address Phone No. ?~ Name of Architect ~ '6/~t,~q/Z ~'~ Address Phone No~2~F- Name of Contractor ~ Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS~ MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YESes_ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If ~l'eva~iofi at any point on properly 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 ) ' ' ~/~,~-- Jt~-, ~2~,~'4~7"~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (Cofftractor~ Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swom to before me this day of ~'~ ;,\ Nofa~'Public 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 alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Steve Tenedios and OIga Tenedios and PatriciaC. Moore Esq._ (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 thc; other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Other", 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 the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this/.~ day of 7~t.d--~ .~5~9~, ~ / Signature:~"~/~ ~/'~///~.~ ~ S~lga Tenedi°s ~rieia ~ Moore Town of Southold 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). lfany 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 Construction of accessory structures 135 feet from Long Island Sound SCTM# 1000-23-1-14.10 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 [] Zoning Board of Appeals []_ 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: [] Type: __ Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: Construction of accessory structures in side yard and closer to dead end right-of-way in order to move structures away from Long Island Sound Location of action: 17327 Main Road, East Marion Site acreage: 77,284 sq.ft. Present land use: existing residence demolished new dwelling under construction more than 100 feet from Long Island Sound, accessory structures in side and front yard Present zoning classification: r-80 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: Steve& OIga Tenedios (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (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: __ DEl~ELOPED 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 o fa coastal location, and minimizes adverse effects of development. See L WRP Section II1 - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Project is located on Long Island Sound The subject property was improved by an existing single family dwelling which was demolished and new house under construction. Owner wishes to locate accessory structures in side yard,, away from the Long Island Sound, which necessitates a front yard variance from a mapped right-of-way for garage and variance for accessory structures in the side yard. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Town of Southold LWRP Consistency Assessment Form 2 Discussion (if appropriate): The subiect property is consistent with LWRP as it is located more than 100 feet from Long Island Sound. The site was formerly developed with a single family dwelling. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The proposed location of all structures is more than 100 feet from the Long Island Sound. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section Ill - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): consistent with this policy- applicant needs a variance to move further landward. Policy S. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on water quality- residential use 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 L WRP Section Ill - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Island Sound. Proposed construction is more than 100 feet from Long Policy Z Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34for evaluation criteria. See Section 111 - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): No impact on air quality Town of Southold LWRP Consistency Assessment Form 3 Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L I~RP Section 111 -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no hazardous waste on site. 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 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The public access to the Long Island Sound is on the adjacent Town/State beach and boat access. 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 Ili- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (ir appropriate): Accessory structures will not affect water dependent uses Policy 11. Promote sustainable use of living marine resources in Long Island Sound the Peconic Estuary and Town waters. See LI'FRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): more than 100 feet from Long Island Sound Policy 12. Protect agricultural lands in the Town of Southold. See L IVRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no agriculture is conducted on the land, lot 6 on a Planning Board approved subdivision Policy 13. Promote appropriate use and development of energy and mineral resources. See L IVRP Section III- Policies; Pages 65 through 68for evaluation criteria. Town of Southold LWKP Consistency Assessment Form 4 Yes [] No [] Not Applicable [] Discussion (if appropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 ~ ~ :~ ~././¥./~ TOWN OF SOUTHOLD PROPERTY~I~::ORD CARD )WNER STREET 1 "7 ~r~ '~ VILLAGE DIST. SUB. LOT :ORMER OWNE~,~ '~- Saa~I N E ACR. ~:"1{~ ~(~'~O S W TYPE OF BUILDING ./~ ~//~/;:-.~ ~ Z, /~ -~/~ ' ES. S~S. Vl. FARM CO~. CB. MICS. Mkt. Value 2/~ . ~N D IMP. TOTAL DATE R~ARKS B~ .~ I~,~/ ' / ' '" ' ' ~ I ~ ~ , ' liable FRONTAGE ON WATER · o~land FRONTAGE ON ROAD / eodowlo, d DEPTM ~ f ~use Plot BULKH~D ~tal TRIM ~tehsion j :xtension ! ~tension 23.-I-14.10 10/07 Foundation Both )arch Basement ~ Floors ¢7~_ ,'. -..':-_ ~ ~? ~orch Ext. Wells ~'~. 2_.. Interior' Finish Fire Place ~ Heat ~reezeway ~arage ~otJ o Type Roof Recreation Room Dormer Fatal ~,ooms 1st Floor ROOms 2nd Floor Driveway Dinette K. LR. DR. 3R. FIN. B Steven & Olga Tenedios June 10, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Steven Tenedios and Olga Tenedios, hereby authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Sotuhold Town Board of Trustees, New York State DEC and any other necessary agencies on my behalf regarding property located at17327 Main Road, East Marion, New York (sctm: 1000-23-1- 14.10) V~$TEV~N~TENEDiO$ OLGA TENEDIOS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 December 15, 2009 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Steve & Olga Tenedios 1000-23-1-14.10 BOARD OF APPEALS Dear Mr. Goehringer and Board: In response to comments made by the neighbor the plan has been revised and amended notice of disapproval dated December 5, 2009 is herein submitted and based on the follows changes: 1. Square footage of garage and pool house has been reduced by elimination of all pergolas to both the garage and pool house 2. The pool house interior has been redesigned and the redesign eliminated the variance for the dormers. The pool house merely requires a variance for placement in a "side yard", adjacent to the proposed pool. 3. The revised plan has been filed with the building department and an updated notice of disapproval re- issued with the following variances: Article Ill, Section 280-15( C)&(F)Pool and pool house are in the "side yard". In the case of a waterfront parcel, accessory buildings & structures may be located in the front yard as long as they are set back at principal setbacks. In this case the principal setback is 55 feet from the right-of-way. The sanitary system is in the front and east side of property and prevents any structures from being located in the front yard closer to the house. Moreover, the accessory structures when placed in the front yard are within 55 feet of the right-of-way. The side yard is the only feasible location of accessory structures on waterfront properties. The environmental regulations deter placement of pools on the waterfront side of homes where alternative, less environmentally sensitive locations are available. As to the garage, the proposed detached garage remains at 25 feet from the right-of-way and exceeds 750 sq.ft. The garage size, as has been explained at the hearing, will store Mr. Tenedios private car collection and boat. The garage, if moved closer to the right-of-way would eliminate the variance for placement of the garage in a "side yard". Moving the garage forward by two to three feet would place the garage further into the front yard necessitating a slightly larger variance (52')from the right-of-way. As we discussed at the hearing, the Board recalled numerous accessory detached structures which exceed 750 sq.ft in the surrounding area. The proposed detached accessory garage conforms to the character of the area, as is evidenced by the numerous accessory structures in East Marion. With the assistance of the Assessor's Office enclosed is a list of properties in East Marion which contain comparable detached accessory structures with the property card. In addition, also in support of our application, the following variances have been granted by the Board to properties in the immediate area: Reed & Rubin 1000-23-1-1; ZBA#5697 variance to replaced an observatory (greenhouse) with a roof enclosed space Metalios 1000-23-1 - 12.2; ZBA#3059 approved construction of tennis court and deck in the front yard Williams 1000-23-1-12.1; ZBA#4359 variance from a private right-of-way granted at 35 feet for the house and detached two-car garage. The Williams parcel and surrounding parcels were served by a common private right-of-way off of Main Road, East Marion. This parcel was developed similar to the subject property. Bolletino 1000-23 - 1 - 14.6; ZBA# 3810 Constructed swimming pool, tennis court and 10' fence in the front yard, property is served by a private right-of-way Lomas & Greene 1000-17-1-6; ZBA#6067 A two story accessory building was reconstructed at five feet from the property line and property is served by a private right-of-way The 25 foot right-of-way on the Tenedios property ends at the easterly property line and without the Tenedios driveway would be impassible. A review of the subdivision records show that the right-of- way between Lot 4 and Lot 5, which is also my client's access to the Main Road, was designed to limit vehicle access from Lot 4 and Lot 5 to the Main Road. Lot 4 and Lot 5 are prohibited from having direct access onto the Main Road, other than by the common right-of-way. No other purpose, other than as access to the Main Road, is stated in the subdivision records. Lots 4 and 5 have pedestrian access to the beach by the beach access on the east side of the Tenedios property and it continues to the Main Road. That pedestrian access is unaffected by the Tenedios application. Enclosed is a revised LWRP which when it printed highlighted in bold print the "yes" or "no" answers rather than mark the answer with an "X". Thank you for your continued courtesies. t ly yours, atrlcla t.,. oore CC~ Steve Tenedios George Stankevich, Esq. w/encl. MAR-15-2010 14:35 From: P. lxl REcE. lNED g, OARD OF APPEALS March 15,, 2010 Southold Town Board of Trustees 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re; SCTM #1000-23-1-14.10 Bfionngloid by the Sea, I,ot 6 Tenedios Application #6973 Dem' Ladies and Oentlemen: We represent the owners of Lots 4 mid 5 of Brionugloid by thc Sca who object 1o the improper processing of the above application which has deprived them of due process of law, to wit: Your secretaries inform us that you made a decision on this matter in December 2(109. You have intentionally kept secret your "pocket" decision to date by failing to file the decisiou in writing or publish writteu minutes of your action. The pm'pose of the above has been to deny us thc ability to challcngc your decision in court or even to 'intelligently discuss its contents, all the while allowing the politically connected and the savvy to claim your support belbrc other boards and agencies. Your actions are an egregious violation of proper and fair procedures and the public's and the neighbors' constitutional rights to substantive aud procedural due process. Whatever happened to the notion that the public and thc neighbors have rights to transparency and frctdo.,m of in. on? Since.~y yo~s, 7.xming Bourd of Appeals § 280-I 3 SOUTHOLD CODE § 280-15 (el The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-1993] (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-1994] (11) Child care. [Added 11-12-1996 by L.L. No. 20-1996] § 280-14. Bulk, area and parking regulations. [Added 9-3-1996 by L.L. No. 16-1996] No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedulers incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. § 280-15. Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L. No. 2-2007] In the Agricultural-Conservation District and Low-Density Resident!iai R-80, R-120, R-200 and R400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setl, ac~ limitations: Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 lS. Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking Schedule is in § 280-78A. 280:38 04.15. 2007 § 280-15 ZONING § 280-15 Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feet) (feet) (feet) 20,000- 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. - - ~ Donners are permitted on accessory buildings up to 40% of the roof width. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum requ_ireJ_in Subsection B above. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. 280:38.1 o4- IS- 2007 SUFFOLK CO, PLANNING ~UB,D REVIB'V SECTION /' .4 June BY' ¢~.~-'~' 12 I \! 5,L,IRVET' OF LOT 6 IdAP OF: t~RIONN®LOID EY'r' THF: SFA FLIED ~T 2.2, Iq1'5 FII F No. 6"/11 51TUATE: ~T MARION TOI~N, 5CKJTHOLD · SL,T'J-, OLK C, CKJN~, NY 5URV~CEO: JJLY' q, 200,5 SUFFOLK COUNTY TAX # I000 - 29 - I - 14.1 - STEVE TI~EDIO~ OL~A TENEDIO$ SOU'J~ BAY ABSTRAC-~, LONG ISLAND 50UND 245.26, [.A]¥"¥}~J~ 'i'I'i'L,]~ ~N'S~C:~ COP-,~ORATION I I LOT 4 I I ,' I LOT 5 JOHN C. EHLERS LAND S~RVEYO..R/ 45X:: RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver\pros\08\08-168.pro ~ r k~.~. NOTES, O PIPE FOUND C, OA.~TAL tDA~IER` ZONE ELIE~ATION~ REFERENCE N~",,'~'2q AREA = 77,2/54 5F OR. 1.77 AC, RED ,~RAPHIC ~.,ALE I"= 40' PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 27, 2010 Southold Town Zoning Board of Appeals Chairperson Weisman and Board Main Road Southold, NY 11971 By Hand Re: SCTM# Steve & Olga Tenedios 1000-23-1-14.10 RECEIVED BOARD OF APPEALS Dear Ms. Weisman and Board: In accordance with the Board's request at the last public hearing enclosed is a copy of the Health Department approved plan. The Health Department approved the house which is under construction and a larger garage. The previous site plan had the garage and pool house designed as one structure. This plan was changed to reduce the size of the structures. The original Health Department approval ran a water and sanitary line to the bathroom in the pool house. Once the location of the pool house and garage are established by Zoning Board action the applicant will submit to the Health Department an amended sanitary plan with the proposed lines. My client would like water in the garage for a utility sink, the Health Department requires grey water to be connected to the sanitary line. Mr. Tenedios also plans on a standard hose connection, but he has no plans for a bathroom in the garage. As I stated at the public hearing, the sanitary system was placed in the center of the property in order to maintain 150 foot separation between the neighbor's house on the west and the Tenedios well located on the southwest corner of the Tenedios property. The placement of the sanitary system must conform to the Health Department regulations and the Tenedios plan is conforming. The Trustees approved the proposed plan at the meeting but have withheld the written permit until the Zoning Board acts on our application. I was advised by the Trustees staff that they forwarded, intra-office, proof that they have application. Thank you for your continued courtesies. · Ve~;'-'~'~u~y yours, ('---.p~t~c±a c. Moore cc: Steve Tenedios George Stankevich, Esq. w/ encl. reviewed our L O N"~ ISLAND SOU SI__TE PLAIN SCALE: 1"= 50'-0' RECEIVED BOARD OF APPEALS \ I I I I I / _ [~ ,_-_-_~,:1 .......... s_c_ T~/_ ]o_9_o:79:!-]_4._ t ................. REVISIONS: $-1 / / S 56'2T30' W 300.~54' TEST HOLE DATA PROVIDED BY: McDONALD GEO$CIENCE 09/22/2006 ~RO~EOPI~:SI.O' pITC~I:I/4'/I"O' l, ~ ' lr.i ' prrm:~m'/r.o' ' I ' ' I ' ' J NOTE: SO L CONDITIONS REQUIRE EXCAVATION OF CLAY AND SILT. TO BE BACKFILLED ~/ITH CLEAN SAND FOR SEPTIC SYSTEM. PARTIAL ITE; ?LAN PROPOSED SEPTIC SYSTEM D~AIL N.T.S. ~OAR~ OF APPEALS LEACHING POOLS SEPTIC TANK NOTES: REVISIONS TEST HOLE DATA PROVIDED BY: McDONALD GEOSCIENCE 09/22/2006 s 56'27~0' w 300.~54' PARTIAL SITE PLAN SCALE: 1" = 30'-0' PROPOSED SEPTIC SYSTEM DETAIl N.T.S. OF CLAY AND SILT. TO BE BACKFILLED 'O~ITH J CLEAN SAND FOR SEPTIC SYSTEM. / SEPTIC TANK LEACHING POOLS / / / / / / RECEIVED BOARD OF APPEALS REVISIONS S-2 OWNER FORMER~ OWNER SEAS. IMP. AGE NEW NORMAL FARM Tillable Woodland Meadowl~nd Hou~'P'~F Total Acre VL. TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Vcflue Acre VI LLAGE SUB. LOT b~-~ ~, %3~ . W ~ OF BUILDING FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. '/&~23: COLOR TRIM · Ektendon Extension Porch Porch B~.~y Garage Patio Total Foundation Basement Ext. Walls Fire Place ,;~/0 Recreation Room D~)rmer .¢ r~ A/~ath .jFIoors P,O¢ tlnteri°r Finish 'Heat Rooms 1st Floor Rooms 2nd Floor Driveway I Dinette J IR. DR. BR. FIN. 8 , OWNER STREET /~, ~ / ~ VILLAGE DIST. SUB. LOT , .: . fl-~.~ ~ F~ER Q~NER. _ · E< .' ACR. ~E~. ~ ~. VL FA~ CO~. CB, ~I~C. ~kt. Wlu~ ~ND I~P. ~OTAL DATE REd,KS AGE BUILDING CONDITION N~ NOR~L BELOW A~OVE . FARM Acre Value Per Value ~re Tillable 1 Tillable 2 Til ~agle 3 ~dbnd Swampland FRONTAG~ Brushland FRONTAGE ON ROAD / House PI~ ,, DEPTH ~ ~ ~ ~ BULKH~D DOCK Total ~ ~ ~ ~ J M. Bldg. ,Extension Extension Extension Porch Porch Breezeway Patio O.B. Total Foundation Basement ~f. Walls Fire Place Type Roof Recreation Roorr Dormer ?ul/ Bath Interior Rooms 1st Floor Rooms 2nd Floor Dinette LR. DR. BR. FIN. B. OWNER STREET /,~,~ ! ~ VILLAGE DIST, SUB. LOT FORMER OWNER. , N E / q~"~,-F- S . W ~PE OF BUILDIN~ RES~ jO S~S. ME FA~ COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE R~ARKS AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Volue Per Volue Acre Till=hie Till=hie 3 ~oodlond Swampland FRONTAGE ON WATER Br~land FRONTAGE ON ROAD House Plot DEPTH ~ ~ ~ ~ BULKH~D Tota~ ~ ~ ~ D~K COLOR M. Bldg. Extension Extension Extension Porch ~1~ Porch Breezeway Garage Patio Total arian Basement Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor ~/,~ J Dinette K. ~'~'~"'~ ~'~'- IR. DR. FIN. B. TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER STREET t~ ~-' VILLAGE DIST. SUB. LOT -FoRMER'13WNER -~) ~:2, ?, ~___~.~.~6:L~.~.~_.. E_.- .~_ - ACR. S (/ W~ m~/6 SEAS. / VL. FARM ' CO '/V~M. CB. //MICS. Mkt. Value RES. E RK · LAND IMP. TOTAL DATE R MA S l,, / ~ , /, , AGE BUILDIN6 CONDITION N~ NOR~L BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER W~land FRONTAGEON ROAD ~3"'~ ~ ~ ~ ~ ~ /~ M~adowl~a DEPTH BULKH~D Hou~ Plot Total ~ DOCK COLOR /~//~ T' TRIM ~l-f ~'r~'- ~'M. Bldg; ' 'Extension Extension Extension Porch Porch Breezeway Garage Patio Total Foundotion Basement ~xt. Walls !~re Place ~ ~Type Roof I Recreotion ' Room Dormer Bath Floors nterior Finish Heat / Rooms 1st F~or Rooms 2ndyloor .Dinette ....... LR. BR. FIN, B Driveway ', OWNER - STREET ~ -7~ VILLAGE DIST. SUB. LOT FOP, MER OWNER N~. , ,© ~_¢ E ~ , ACR. S W ~PE OF BUlLDIN~ Vb . ~ FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL / DATE RE~RKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Value Per Value Ac re Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD ~eadowl~d DEPTN / House~ Plot BULKH~D Total. DOCK COLOR ....... TRIM · M. Bldg. Extension Extension Porch Por~h Breezeway Garage patio Total , Walls ~'-7 Fire Place Type Roof Dormer Roorr Ig's~,l 0 S (o C(~, Interior Finish t/~ -~ Heat Rooms 1st Floor ~ooms 2nd Floor Driveway LR. DR. BR. FIN. Bi 31.-13-4 11/09 COL-OR TRIM 1st 2nd M. Bldg. <::;cz~-~ ~ ~ t~ Foundationq~?' Fin. B. Bath ~7o Dinette V// Extension Q~.'.~ c~-T'~ ~( Basement c~ s~a "'"~[AL Floors ~,~- Kit- Extension~,~X ~%~ .::~ ~ Ext. Walls VX~ C~O?. Interior Finish ~ L.fl. ;~ .... ExtenSion ~; ~~,~. ~ ~ --~ ~ ~ ~ FirePlace ~ ~ ~e~ Heat ;~ D.R ~atio ~ ~ ~-~. ~ Woodstove BR. ~ ~: ~7~ - ~- Dormer Baths Porch ~'~ ,'~ ~ _. ~ /.~ ..... ~ Dock Fam. Rm. Deck ~ ~ ~ ~ ~. ~ I~ t Z~ ~,~- Garage ~ ~ ___ _~.~_ o.~. ~ ~ r TOWN OF 5OUTHOL[~ PIt~PI~I~TY RI~I~UKU 't;AKU ~6~ .OWNER STRE~ Itl 7-0 FORME~OWNER .~ / VILLAGE DISTRICT ] SUB. I rillab:le ~ rilk~le,. 3 ¢Voodkmd ;wampland 3rushlafl"~ House Plot ¥ota I SEAS. IMP. 9 r~MAL VL. TOTAL DATE I f ~ ',..'; o,~ /'i LOT ~¥ce( 2 . :~08ELOW ?:~4 ABOVE Value '~. Bldg. ~tensi,on ×tension ;arage Foundation Basement Ext. Walls Fire Place Bath Floors Interior. Finish Porch Porch He~ 0 ~/ Attic Rooms 1st Floor ~'Patio- ' Rooms 2nd Floor ,//Driveway ;).WN ER STREET I (~,~ ~'c~) VILLAGE DIST. SUB. LOT ~: ~/~0 ~ ~Z~ ~ S W ~PEOF BUILDING ES:': ::.~,~~ S~~VL FARM / COMM. CB. MIS~ ,Mkt'Value :/,~ y/oo ¢~..y/.,/?, ,~/~,(~,-.,r-~o'~,-~~ AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FA~ Acre Value Per Value Acm Fii~bie 1 Fiila~le 2 Fillable 3 ' ~wamplond FRONTAGE ON WATER/ /~- ~ ~ m ~/ 3rutland FRONTAGE ON ROAD , ~ouse Plat DEPTH ./~ ~ ~ 9 ~. '~ ~ ~ ~ ~ BULKH~D C~ ~/ ~ Fatal D~K COLOR TRIM Porch , ~'1 Breezeway Garage Patio O. B.~.~ Total Foundation ~asement Ext. Walls Fire Place Type Roof ,,~ ~,. Room ,~'~ Dormer ~O.O. Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd FIoo, DR. BR. FIN. B. COLOR t,,~o~,~,~o~k TRIM M. Bldg. ! Exter~sion Extension Extension ' I Porch Porch Breezeway Potio Oo Bo Total Foundation Beth Dinette Floors K. Ext. Walls Fire Place q~ ~._ Type Roof Recreation Room i Dormer :Interior Finish :eat ~ooms 1st Floor Rooms 2nd Floor Driveway LR. DR. BR. FIN. B TOWN OF SOUTHOLD PROPERTY RECORD CARD O~NER /~a~,/t~/ ~TREET /~af~ VIL~GE DIST, SUB. ~AI~d ~ ~ ~ ~ S W ~T~ ~PE OF BUILDING RES. S~S. / VL. ,,~/~ :ARM CO~. CB. MICS. Mkt. Value , / /* , Tillable FRONTAGE ON WATER W~lond FRONTAGE ON ROAD ~ ~ MeoWed DEPTH H~ P~t BULKH~D Total Extension Extension . Porch Porch -Breezeway 11/01 /g"C. Foundation Basement Ext. Walls Fire Place Both Floors Interior Finish Heat Garage Type Roof Rooms 1st Floor Patio Recreation Room Rooms 2nd Floor O.B. {:~'/j /ff,~. Dormer D. rive_way Total inette LR. DR. BR. FIN. B /~,~ .~/_,.s.= i.r TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET //~ ~/,~' VILLAGE -~l~rt SUB. LOT ~_~MER OWNER N , / E A~R. I W ZES~ ~¢ S~S. VL FARM CO~. CB. ' MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS ~//~ ~ ~ ~ }~, ~ Tillable FRONTAGE ON WATER Wo~land FRONTAGE ON ROAD Meadow~d , DEPTH House Plot / / ~ ~ ~ BULKH~D .. PORMER OWNER STREET VI LLAGE DIST. ACR, s W RES. SEAS. VL ¢ RM CO ,N, kM. CB. SUB. LOT TYPE OF BUILDING MICS. Mkf. Vdlue LAND IMP. TOTAL DATE REMARKS )O ,/F/Fa' AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD _., Meadowla~d DEPTH House Plot Value Per Value Ac re Total BULKHEAD DOCK / IDa 't A. Bldg. :x~ension ~sion -:xtension ~orch >orch Garage Patio COLOR J Foundation Basement Walls Fire Place f :loors K, nterior Finish LR. Roof Rooms ] st Floor reation Room 2nd Floor ~_~'~' FIN. B. D,,pivewoy OF $OUTHOLD PROPERTY RECORD CARD VILLAGE DIST_~, SUB. 6,7 i LOT TYPE OF BUILDING FARM COMM. CB. MISC. Mkt. Value IMF TOTAL DATE O 3 ?t'* o 7 BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM tillable 1 tillable 2 'illable 3 Voodland ;wampland irushland ~ouse Plot FRONTAGE ON WATER FRONTAGE ON ROAD Acre Value Per Acre Value BULKHEAD DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET / ~.~ //_D ~ VILLAGE DIST. SUB. LOT F0~MER 'ov~/NER - ~ ~~) s ~¢ TYPE OF BUILDING RES.~/0 ~ S~S. VL FARM CO~. CB. M]CS. Mkt. Value AGE BUILDING CONDITION ~ 0~ ~t~;~ ~. 9~ ~ N~ NORMAL BELOW ABOVE FA~ Acre Volue Per V~lue Acre Tillable FRONTAGE ON WATER W~land ~ FRONTAGE ON ROAD ~0 ~ .~ Y~J ~y~. Meadow~d DEPTH House Plot BULKH~D Total,;, [ D~K TOWN OF SOUTHOLD PROPERTY RECORD CARD '~o- ~,~ -1- IV, ? )~ER OWNER S W ~PE OF BUILDING S. ~l 0 ~ S~S:" VL. FARM CO~. CB. MICS. Mkt~ Value able FRONTAGE ON WATER ,~l=nd FRONTAGE ON ROAD adowl~d DEPTH ~se Plot - BULKH~D al COLOR "'T.,&-t.J, TRIM Po~h Rorch Patio go B, ~r~al Foundation Basement Ext. Walls Fire Place rype Roof Recreation Room Dormer Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette Ko LR. / i,/ BR. ~ /~ o o - ~.~-/~-~ ~.zTOWN OF SOUTHOLD PROPERTY RECORD CARD~_ ~}'-- ~ ~ OWNER STREET ' ,," ~' z:- ' ~ /'~-/~ 2 VILLAGE ~*' DIST. SUB. LOT - ' , . . ~hf'~ k. Wodtvz~ 3~ s w ~PEOF BUILDING 5~S. VL ~ND IMP. TOTAL DATE R~RKS illobl~ ~ FRONTAGE ON WATER 1~1~ FRONTAGE ON ROAD · o~ DEPTH ~ PI~ BULKH~D COLOR /V/J T', TRIM ~/~ it,r-. · M. B~da. Extension Extension ~d~nsion )atio Fetal Foundation Ext. Walls Fire Place Type Roof Recreation Room Dormer /~,.. ~ . Both ~'~ /.. /..,. Floors ~D -~t~lh'~.Z~ nteriorFintsh Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette '~,~a-.~,~-/" F TOWN OF SOUTHOLD PROPERTY REGORD CARD )WNER, STREET I ~ t ,~ ,~ VILLAGE DI~. SUB. LOT S W ~ ~PE OF BUILDING COLOR TRIM Extension Porc~ Porch Breezeway Garage Patio O.B. Total . F') *¥ ?, -~. Type Roof Dormer J C~ ~ Beth /Cd L_ L Floors InYeri'or.Finish ¢, i Heat Rooms 1st Floor Rooms 2nd Floor Driveway TOWN OF SOUTHOLD PROPERTY RECORD CARD I~OWNE~ STREET t ~ ~ V~~E i '~ D~ST, FORMER OWNER ~/IDW SEAS. VL. FARM CO~. CB. MICS. bkt. Value ~ND IMP. TOTAL DATE RE~RKS AGE BUILDING CONDITION ' N~ NORMAL BELOW ABOVE FA~ Acre Value Per V~lue Acre Tillable FRONTAGE ON WATER House Plat BULKH~D Total ~ D~K :OLOR TRIM 23.-1di.3 9/08 'Extension Extension P~rch Breezeway Garage O.B. Total Foundotion Ext. Walls r-'/~ Fire Place Roof L/t ~ Recreotion Room Beth Floors ]~ooms 1st Floor )Rooms 2nd Floor Driveway Dinette -K. FIN. B -P OPERTY RECORD CARD STREET VI L_.~.._~GE DIST. SUB. LOT , ~ ,~ , . 'TYPE OF BUILDING ~ (~ VL. FARM COMM. CB. MICS. Mkt; ValU~ ' AGE BUILDING CONDITION . N~ NOR~L BELOW ABOVE FA~ Acre Value Per V~lue Acre Tillable FRONTAGE ON WATER W~land FRONTAGE ON ROAD ~Se, Plot , ,, , BULKH~D ,~ , ~i ~' ~ ~ D~K - TOWN OF SOUTHOLr~ PROPERTY RECORD CARD OWNER STREET ~ ~.ZJ,'7~ VILLAGE DIST.~/~V,~' SUB. LOT l- '~l,~n,') ,~v,~,~- .~; /~ ~,,~ ,e~);/~,~ z~' ~,,~ ~o~ ~/~ ~ C ~a~/om ~ s w TY~EOF BUmDIN~ ~,ES. ~j'O' SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL / DATE REMARKS (SP/-, ?' /,~o ~q c.) 'illable FRONTAGE ON WATER Vo~land FRONTAGE ON ROAD ~0 ~.O~, 4eadowlaod DEPTH louse Plot BULKH~D t 'oral ~t. Wells o' Interior Finish . ~'~=' Porch Roof Type P°~ch Roo~ 1st Floor Patio Rooms 2nd Floor VILLAGE DISTRICT SUB. ACREAGE ~ ,TYPE Of BUILDING ES. :~t~ SEAS. VL. FARM COMM.v LAN D IMP. TOTAL DATE IND. J CB. . MISC. LOT /,/d" Est. Mkt. V / ~00 II 77.,00 q(,,oo /' NEW NOR,MAL BELOW Farm Acre Value Per Acre 'ilteble 1 iliable 2 illable. 3 /oodland wampland rushland louse Plot otal /' / BULKHEAD ' I - ' / ' DOCK M. Bldg. Exter~ion Extension E~sion Foundation Both Porch Basement Floors Porch Ext. Walls ~ ~ ~ '~ < '~ Interior Finish Breezeway Fire Place Heat Goroge Type Roof Patio /3x Recreation Room O.B. Dormer Total / Rooms 1st Floor Rooms 2nd Floor DrivewaY Dinette FIN. B TOWN OF SOUTHOLD PROPERTY ~-~ORD CARD bWNER ~TREE'F L~ C~ IC:~ VILLAGE DIST. SUB. LOT'' . S W ' TYPE OF' BUILDING RES. ~/~ ~ SFAS. VL. I FARM CO~. CB. MICS. Mkt. Value Tillable FRONTAGE ON WATER Wo~lend FRONTAGE ON ROAD MeedoW~nd DEPTH House P~t BULKH~D Totel, Owner's Name ?ropert¥ Address !SCTM #.. !Deta(~he~d Ac_cess_o~ Structu_r? ..... Franco i!5919 Rt. 25, ~East M?rion, NY ~_1_07~-;~3_-1;8_.1 ~Garage 20 x 22 = 440 . Piekarski !15917 Rt. 25, East.Marionz_N_Y_ .... i_1.~00-23-1-7 .3 }:ar garage_28_x 20~=_5_60~a_n_d 2nd st?Y added 83' Delano _ 15479 Rt. 25~ East Ma_ri_on_, NY !1000-23-1-6.3 Garage 20 X 28 =~5_6_0- ............ GillisPie 15345 Rt. 25, East Marion, .N_Y ..... i1_070-2371Z~ . . Boat house 14 x 34 = 336 Fried ~151~$ Rt. 25, East Marion, NY ~1000-23-1-4 j Boat house 14 x 25 ~-~5~0 Michelakis :15985 Rt. 25, East Marion, NY :1000-23-1-11.2 'Garage 23 x 25 = 575 Jayne ~16109 Rt. 25, East Marion, NY 1000-23-1-10.1 Garage with room above 22-'x ~0 = 8-80 Ioannou :16855 Rt. 25, East Marion, NY ~ 1000-23-1-14.7 ; Barn 46 x 29 = 1334 ~teindi' 111915 Rt. 25, East Marion, NY i 1000-31-5-1.1 ;Old barn Rubin 115095 Rt. 25, East Marion, NY 11000-23-1-17 Garage with deck 21 x 27 = 567 Stein :12395 Rt. 25, East Marion, NY 11000-31-5-6 :Garage 16 x 20 = 320 and old barn Hartofelis 12315 Rt. 25, East Marion, NY 1000-31-5-5 i2 stoW 8 room apt. 20x 28 = 560 label 12215 Rt. 25, East Marion, NY !1000~31-5-4 il 1/2 stow building 23 x 38 = 874 and garage i 1000-31-5-8.1 i Bui ding 18 x 37 and 10 x 18 - 1,089 Mangini ;:12935 Rt. 25, East Marion, NY Bollman !1755, Truman's Path, East Marion, NY i1000-31-13-4 IGarage with 2nd stoW 21x 28 and 1 x 13 = 601 .P_a~so.n .......... j1_l120_.Rt:.25, East Marion NY ] 1000-31-13-7.2 ':Garage 28 x 35 = 980 and Bath house 12 x 18 - 216 .U_n_~_r!eid~ r. i_:11_2_9~11~t. 25, East Marion NY [ 1000-31-1_3-9.~1 ~2 1/2 stow water tower and shed 196, and garag~ _22 x 20 = 440- Kusa 11360 Rt. 25, East Marion NY 11000-31-13-10.1 !Tower 12 x 12 = 144, and boat house 34 x 21 = 714 ~,sadorian 11600 Rt. 25, East Marion NY ! 1-0~C~31~14-1 -' ~-a~ ~18 ~-~-~-~ .................. Hall 11800 Rt. 25, East Marion NY 7000-31-14-2 .Trailer 10 x 42 = 420, Porc_h 8_x__20 = 160_~ 2_car garage Bramson 12042 Rt. 25, East Marion NY ilO00-31-14-4.5 Garage 18 x 28 = 504 _B_rar~n . _ _ 1~2040 R~: 25]E~st_M~}ion N~ ........ ~3~3-1:i~-~_3~- . ~r~g~ ~.X.~_1~_180_ McKinney & Power 112340 Rt. 25, East Mar!on NY ',1~000-3~-14-6 _Pg_o_i.ho?~e_l,.~_8_.O_cb_o_at storage 288, garage w/1 stow over 828 Antoniadis 3.2500 Rt. 25, East Marion NY 11000-31-14-7 Garage with room above 24 ~6-- 624 Hukill 12580 Rt. 25, East Marion NY 1000-31-14-8.1 Garage 12 x 20 = 240 with 2nd floor 12 x 20 = 240 Niamonitakis .13220 Rt. 25, East Marjo? NY ~1000-31-14-12 .Garage 30 x.20 --_ 600 with 2nd stow 10 x 20 = 200 Miller 12910 Rt. 25, East Marion NY 1000-31-14-14 Converted cottage 18 x 34 = 612 OWNER ;TREET /./,'~ (~0 VILLAGE DIST. SUB. LOT F-O~MER O~tNER,,-, ', -_...~:', ', . J S, , W WPE ~ BUILDING ~ ~50 S~S. VL. d FARM COM~. CB. MICS. Mkt. Value TOTAL DXT RKS/2 bf /2a' Y22Z, ~ I/ t ' · , i ' . AGE BUILDING CONDITION ;~/ ~ /e ~ gq N~ NOR~L BELOW ABOVE FA~ Acre Value Per V~lue Tillable FRONTAGE ON WATER ~/ FRONTAGE ON ROAD Meadowlmd DEPTH ~4~0 7 ~¢~.~. ~.Z / Home ~lot BULKH~D ' Total D~K COLOR TRIM M. Bldg. Extension Extension ~e' ~ O ~y' y i?n qarage ~atio Total ? /oo Foundation Ext. Wails Place Type Roof Recreation Room Both Floors Interior Finn ish Hoot Rooms 1st Floor Rooms 2nd Floor Driveway Dinette .:_ x BR; FIN. B OWNER SUB. LOT RES.~/o SEAS. LAND MP. STREET //~.C)(~ . VL. FARM TOTAL DATE VI LLAGE D,~. W . ~ I TYPE OF BUILDING CB. MICS. Mkt. Value REMARKS AGE NEW FARM Tillable NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Va.lue Ac.re FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK DR TRIM 31-14-1 11/01 Extension Extension Extension Porch Porch Breezeway Foundotion Basement Garage Fire Place Type Roof Patio · ~ ~ m ~. j J Recreotion Room O. B ..~ ~~? ~~~D o r me r Both Floors Inte;'ior Finish Heat Rooms 1st Floor . Dinette. DR. BR. Rooms 2nd Floor FIN. B Driveway IMP. AGE N~ NORMAL Farm Acre Till~b,le Tillable Tillable, 3 Woodland Swampland Brushland House Pbt Total VL TOTAL FARM DATE BUILDING CONDITION BELOW ABOVE Value Per Acre/ Value VILLAGE DISTRICT SUB. ~ -~-s~, ACREAGE , ~'o TYPE OF BUILDING LOT cOMM. IND. CB. I MISC. 'a~o- ~-×y-2 TOWN OF SOUTHOLD ~VNER ORME.~ OWNfIR 700 AGE NEW Farm liable 1 illable 2 illable,3 laodland YamPland rushland louse Plot SEAS. VL. IMP. Ztc'o NORMAL Acre Value Per Acre,~' Value VI LLAGE DISTRICT SUB. LOT '~/--SQ · FARM COMM. IND. CB.. I MISC. TOTAL DATE REMARKS BUILDING CONDITION q/7/05--~d ,g, BELOW ABOVE ~',~ ACREAGE , ?.5-o W~,~.~,///,~ __~ ~--~"e ~' TYPE OF BUILDING M. Bldg. /(~X~¢-- ~/c~ ~ ~,~) /Foundation ~7~oA/Z~ Bath Extension ~ ~X 9~ - ~ ~ ~ ~a~a ~z' Basement ~ Fl~rs , Extension 7~ ~ ~ ~ ~_ ~ /~0 / Ext. Walls ~. Interior Finish ~/~/ Fire Place Hea~ . , -/ , , Porch Attic p~Rc ~ ~::~: ~t; ~'~:~"~2~~ ~ ' ~ ~ ' ~ %? 3 ¢ Porch Rooms ist Flor Breezewoy ,7 ~ ~-~ (~?,~, ,~¢ Patio R~ms2ndFIoor Garage (F ~' ¢ ~ / ~ e Drivewoy TOWN OF SOUTHOLD PROPERTY RECORD CARD DWNER STREET /~/~,~ VILLAGE ~. ;..,~DIST. SUB. LOT ES. ~tO'V~ SEAS. 5~/VL. FARM COMM. CB, MICS. Mkt. Value LAND IMI~.. TOTAL DATE REMARKS ~r'~/~,j~,,~..~,~,,,. Z~, ¢/~¢/~/,J'~'.l~_ .. //)/o~'~,,..~4., /~,,,, liable FRONTAGE ON~ATER /~r ~ ~ o~land FRONTAGE ON ROAD eadowla:nd DEPTH / ~ o' ~ ~ ~use Plot BULKH~D tal COLOR TRIM M. 81dg~ ExfenSion Extension Extension Porch Porch Garage Patio Oo B° Total Foundation Bosement Ext. Walls Fire Place Type Roof Recreation Room Both Floors Interior Finish Heat Rooms ]st Floor Rooms 2nd Floor Dormer Driveway Dinette K. LR. DR. 'BR. FIN. B 31-14..4.5 3/03 COLOR TRIM 1St 2nd ~¢ ~M'c~BIdg' ~'1~ O~ = '~7~- 5~ 2_5"~.. Foundation ~ Fin. B. Bath Dinette FULL ~nsi°n ~ ~ = ~ ~% ~ ~ Basement s~BCRA~ Floors Extension ~ %~ ~ ~ Ext. Walls Interior Finish ~} ~ L.R. Extension ~ ,~ ~ Fire Place ~ Heat I Patio ~ %X ~ : ~ ~ Woodstove BR. Porch ~ V ~ : ~ Dormer ~ ~3 Baths Deck Doc~ Fam. Rm. Garage ~ ~ 5~ ~ ~ )WNER STREET {~)'~ L~ VILLAGE DIST. SUB. ~S.~ l0 S~S. VL FARM COMM. CB. MISC. Mkt. Value ~ IMP. TOTAL DATE REMARKS ~l :~M Acre Value Per Value ~ Acre 'oodland ¢ampl~nd FRONTAGE ON WATER ushland FRONTA6E ON ROAD ,use Plot DEPTH ~~ / 7 7 / ~ ~ ~ ~ BULKH~D ,tal DOCK .i ~I ~ COLOR TRIM tension tension tension rch eezeway ~rege rio B. )roi Foundation Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway I Bath ~'¢' .C~ I'nteri°r ~i,nish Heat Rooms 1st Floor Rooms 2nd Floo, Dinette DR. BR. FIN. B. OWNER . LAND SEAS. IMP. VL. TOTAL STREET FARM~ J DATE VILLAGE DISTRICT SUB. ACRF. AGE ~ REMARKS L~¢:::~t T*~ 14~ Est. Mkt. Value Fillable 3 Noodlond ;wamplond ]rushl~[ taupe Plot total BULKHEAD ' ii!I!, I ~> '7 ,~_. i ' --, ..... I I .~ I ~"~ i I ,,l I Foundation ~ 0.~,<.~ etc, Bath M. Bldg. ~x 7:X ~/= / ~vn~ //:' Basement :~L/.4~ Floors Extension A I ~ ~ C , Eii°n g~: s~)/~ ~0 ,O>g~ ~xt. Walls LU~ S(1, Interior Finish / Fire Place H.eot 3~X t~: ~' ~?~ /,oo &?q~, Porch Roof Type / Breezeway // Patio Rooms 2nd Floor Garage ~ ~ ~ ~ z & ~, o. ~ ~ Driveway Dormer ~'~. I ~/ COLOR TRIM I st 2nd M. B!dg. ~ {5~.,~:~; -:~:.~'~. Foundation OTHER Bath Dinette FULL COMBO Extension ~ ~_O'~ Basement SL~BCRAWL PART~,L Floors Kit. Extension [~ =~ Finished B. Interior Finish L.R. Extension Fire Place Heat D.R. ~. t~o ~ ~ ~ ~ Ex~. w~,,~ ~R. Dormer Baths Porch Dec,Patio Fem. Rm. ~o - Foyer A.C. ~ ~ ~ ~und~ ~ Libm~/ O.B. ~ ~ ~ Study Dock ' ~i5 a ~ ~ ~ 31.-14-6 1/07 M. Bldg: 7;~ ~Z4 t{~eO7 Foundation ~P~~ Bath ~ D~nette Extension ~:~- ~ ~ ' ~ ~ ~ 5~ Basement ~ Floors ~ ~ Kit 'Extension Ext. Walls ~~ Interior Finish ~ L.R, ~ ~ ~ ~O .~ ~ Fire Place ~ Heat ~L DR Patio Woodstove BR Porch A%~ ~: ~ ffffo~ f ~ I~ ~,7~ Dormer Fin. B. ____ .... me~W = ~wo%"?~ ~ttic Oeck ~ ~ ~ ~% ,. ~ ~ ,~ Breezeway ~ ~~'~/'~ ' :~ ~ ~ D, ,eT~ ~ " I,~a -3/-/ ?- 7 TOWN OF SOUTHOLD PROPERTY ,,RE, GORD CARD OWNER STREET ,/r-~ ,~ O ~ VILLAGE DIST. SUB. LOT Fo~R,o~: . ~ ~ ' ~ , ' ,~c~.~ ' ~ ' ~. ~ - ~ . ". ~.~ rillabl. FRONTAGE ON WATER ~lond FRONTAGE ON ROAD ~e~do~l~d DEPTH ~ ~ous~ Plot , BULKH~D 'oral :tension :tension :tension 15' X,J, "/ " /,s+~', ' 'eezewoy =rage Walls Both Floors Interior Finish Dinette )tal Fire Place .,~/ ~' Type Roof ~, (~ IRecreation Room [ 0 R Dormer / Heat Rooms 1st Floor Rooms 2nd Floor Driveway OWNER ~ORJ~ER OWNER STREET VILLAGE DISTRICT SUB. LOT ACREAGE ..-~. /-~ 0,4~- ~ TYPE OF BUILDING ES;,2 1 ~) LAND SEAS. VL. FARM IMP. TOTAL DATE $///~ 'illoble 2, 'i[lable 3 Voodlond ,wompland :rushla~' ~' ~ -louse Plot 'OtO I '4¥o0 ..F r~ o ABOVE ~7 COMM. IND. ~. , MISC. Est. Mkt,. Valpe : Value FRONTAGE O~ WATER FRONTAGE ON ROAD BULKHEAD DOCK M. Bldg. Extension ~nsion ~ ,,~ -l, P~tio ~ Rooms 2nd Floor .: Dri~ewey Dormer FORM£R' OWN ER VILLAGE E DISTRICT SUB. ACRBAGE ,~ES. SEAS. LAND IMP. ~{ 0 0 AGE Vk FARM TOTAL DATE TYPE OF BUILDING COMM. lIND. CB. ,MISC. I Est. Mkt. Value ' REMARKS BUILDING CONDITION OO c NEW NORA, kAL BELOW For., Acre Value Per Acre illable 1 ~le 2 flable 3 ~oodland mmpland 'ushlond Plot ABOV . DOCK ~o'~-- TOWN OF 5OUTflOLU F[~I;31alEKIY KI:~UKU ~AKU /~_ ,5/2 -- OVfN EP, , _FO ER OWNER STREET /ILLAGE DISTRICT SUB. ACREAGE ITPE OF BUILDING LOT RES. LAND SEAS. IMP. ~oo Gt O0 VL TOTAL 706 ~00 FARM ' DATE COMM. REMARKS ,.~ .5' ,,, :Z oo~ Farm Acre Tillable 1 Tillable 2 Tillable. 3 Woodland Swampland Brushla~ House Plot Total Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK Floors -eezewoy Patio Rooms 2nd Floor COLOR TRIM M. Bldg. Deck ge Pool ,Z5 ~7'7 Foundation Basement Ext. Walls Fire Place Dormer 70o Driveway SLAB Bath Dinette Floors Kit, sh Woodstove BR. Fin, B. Attic Rooms 1st Floor Rooms 2nd Floor ,/ TRIM 31-14-14 house 10/00 Exter~ion Patio T~QI ~/0/. Foundation ~/.~. j Basement /~o Fire Place ~ R~r~i~ R~m ~, C ~r ,,,, Bath Floors ~J Interior Finish Heat ( IZ~e~ Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. FIN. B PROPERTY_. ]J.E. CORD TOWN OF SOUTHOLD- CARD WNER STREET 1~/0 VILLAGE DIST.' SUB. LOT a~ER ~NER N I ' g S W ~PE OF BUILDING s. s~s.~~. FAR~ CO~. C~. ~CS. ~k~. V~,, · I ~ ~ ""'~ lable ', FRONTAGE ON WATER 7 0 f ~la~ -~ FRONTAGE ON ROAD .~ ' m~ DEPTH MARION, L AND OWN~D BY the premises hdrein&bove described sh~..o ~ re.~d~'~t iai plots. ' 2. No structure shall be erected, altered, pl&c~d o~, ' tO ten,sin on a-y lot other than one detached sit~ excee~i two s~ its in height. No ~lin 3. ~, ~ctting. havin~ ~vo ol one- ~ry open ~rch~s ~n~ or ~itt~ to r~ain o,~ any lot. · i. No dwelling shall he erected or feet of any front lot line, except that the [rod be ~itu 8tr~ lines a~ side lot ~neo ~[1 be df~ttve ~inS ordi~nce of ~e town si ~ ~. ~ a~als livestock or ~ultry of or mai~ain~ ou any lot, exce~ for do~o, cato, ~d~d ~ are ~t raised, br~. or mai~tined for ~ai 6. ~ i~ sh~lt be ~s~ or m~i~ln~ ~i~. tr~s~ ~r gn~n~. All ~bbish. tr~ ot ~sed san~ta.~ containers, which container0 shall b~ mad in ~e r,~r of ~e premiseB. 7. No t~ildtng, wail pier or &ay other erected, alterod, or m~ ~to any lot, ~r shall ~ ~fl~ ~ ~y ~t be ~on~ wiU~t ~u prior him b~rs, ~ ae~.No m~Re ),~eo ~ be ~o clothesline, Or other than irt the zeltr y&r.i IL ~o ~ajor external construction On any structv~l~ ~ th~ premises ~t, ~ll. be permitted on ~u~deys. Ii. If ,any lot ow.~er, his heirs or assi~ns~ ~er p~trs~', or persons owni~ any r~l prope~ 8[~t~' ~ prosecul,' ~y p~cee~s at l~w, or in e~ ~i~t o~ ~h~ ~ violate ~y. such cov~nt to pr~ h~ ~ or to ~v~r d~es or ~er r~ief l~e ~g 1 ~. Invalidation of auy al ~80 ~ order sh~l in no way affect ~y of ~e o~er pro~tS~ r~ain in ~i force and e/lect, 14. These covenants are to runwi~ ~ bi~in~ ,]~n all ~rties~nd al~ persons cl~imin8 under ~ ~e~=five {ZS) years from ~e date ~ese cov~ ~rs: w~ ~mo said covenants shall be &u~i ~s of t~ (!~) y~ars, uffiess ~ ina~me~t d~d ~ ~e ~id map, air~ M ~ ' James F. King, President Jill M. Doherty, Vice-President Peg ~g~_A_ ~I)i~cker son '~ave Bergen ....,~mber ~6, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: STEVEN & OLGA TENEDIOS 17327 MAIN ROAD, EAST MARION SCTM# 23-1-14.10 Dear Ms. Moore: Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, December 16, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #6973 to construct a 20'x40' in-ground swimming pool, patio on grade, pool house and detached two-story framed garage, and as depicted on the revised site plan prepared by Mark K. Schwartz, AIA, last dated November 18, 2009, and received on November 19, 2009. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (63.1) 765-1892. Sincerely, President, Board of Trustees JFK:eac PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 July 8, 2009 RE: STEVE & OLGA TENEDIOS PROPERTY ADDRESS: 17327 MAIN ROAD, SCTM: 1000-23-1-14.10 EAST MARION Dear Chairman and Board: Enclosed please find an application for variances for the proposed accessory structures. Also enclosed is my check for the filing fee. anything please do not hesitate to call me. Thank you. If you need PCM/bp c: Mr. & Mrs. Tenedios Very truly yours, ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 13, 2009 RE: Zoning Appeal No 6323 Transmitted herewith is Zoning Appeals No. 6323 of Steve & Olga Tenedios - the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Applicant's Project Description, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, Authorization Letter from Steven and Olga Tenedios to Patricia Moore to represent them in this matter Dated June 10, 2009, Property Record Card (2 pages), Aerial Photo, Covenants and Restrictions (2 pages), Copy of Survey Map Filed August 22, 1978 and Surveyed July 9, 2008, Copy of 2"d Floor Plan Pool House, Letter from Patricia Moore to ZBA Dated July 8., 2009, Letter to ZBA from Patricia Moore Dated 7/8/09, Copy of Site Plan for Proposed Garage and Pool House Dated July 1, 2009 (4 pages), Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 07/13/09 * * * RECEIPT * * * Receipt#: 54605 Transaction(s): 1 1 Application Fees Reference Subtotal 6323 $600.00 Cash Total Paid: $600.00 Name: Tenedios, Steve & Olga 17327 Main Road East Marion, NEW YORK 11939 Clerk ID: MARIANNE Internal ID: 6323 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 1, 2010 George Cochran Stankevich & Associates 74 Montauk Highway Suite 22 East Hampton, NY 11937 Attn: George C. Stankevich RE: Southold Town ZBA #6323 Tenedios Dear Mr. Stankevich: This office is in receipt of your letters dated February 18, 2010 (responding to the Applicant's January 28, 2010 submission) and February 19, 2010 (requesting that the ZBA permit you to make additional submissions into the record) in connection with the above variance application. The referenced correspondence is enclosed herewith. As you know, the ZBA closed the public hearing and record on this application on January 21, 2010, subject to the receipt a copy of the applicant's approval from the Suffolk County Department of Health Services. At that time, you failed to request that the public record remain open so that you could submit additional materials to the ZBA for its consideration. The record on this matter is closed, and the ZBA is not inclined to entertain your request to open the record to allow for the submission of additional materials. As such, your letter of February 19, 2010 cannot be considered by the ZBA in making its final determination. Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631) 765-1939 Fax: (631) 765-6639 February 18, 2010 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: SCTM #1000-23-1-14.10 Brionngloid by the Sea, Lot 6 Southold Town ZBA Tenedios Application #6323 Dear Ladies and Gentlemen: In view of the applicant's litigious reputation, the owner of Lots 4 and 5 of Brionngloid by the Sea request permission to file a brief and proposed decision in this matter.  yours, / G~.~S~m~evich~ Patricia C. Moore, Esq. ¥¥93? 393 ]anuaw21,2010 Mr. Steven Tenedios Mrs Olga Tenedios 17327 Main Road East Marion, New York 11939 Re: SCTM# 1000-23-1-14.10 Brionngloid by the Sea, Lot 6 Southold Town ZBA Application #6323 Dear Lot Owners: PLEASE TAKE NOTICE that this is an official notice that you are violating the annexed Covenants and Restrictions of ~rionngloid by the Sea and filed map #6711/8599 and is served upon you personally pursuant to New York Real Property Actions and Proceedings Law, Sections 2001 et seq., to wit: (a) At the October 29, 2009 Southold Town Zoning Board of Appeals Hearing, your attorney admitted that the 25' common right-of-way adjoining your property has been blocked by construction debris. Please promptly clear away these obstructions. (b) You have chained off the 25' common right-of-way at Route 25. Please promptly remove the chain and the two wooden posts which constitute a trespass on the adjoining lots. (c) You are attempting to erect a four-story home (garage level, living level, bedroom leve! and attic level) in violation of paragraph #2 of the Covenants and Restrictions which limits you to two stories. (d) You are attempting to erect a dwelling within 65' of the front-lot line in violation of paragraph #4 of the Covenants and Restrictions. (e) You have proceeded without obtaining written approval in violation of paragraph #7 of the Covenants and Restrictions. (f) You have cleared more than 50% of the existing trees without prior written approva! in violation of paragraph #10 of the Cuve~'~ants and Restrictions. (g) Unless you remedy and remove these violations promptly, the adjoining lot owners intend to exercise their enforcement rights under aragraph #12 of the Covenants and Restrictions by requesting the coup? to ~ssue mandatory injunctions and assess damages and reimbursement of attorneys~ fees and disbursements against you. S,~I¥' yours, ~ ,/,~ George C. St~kevich cc: Patricia C, Moore, Esq. Southold Town Zoning Board of Appeals Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 9, 2009 George Stankevich; Esq 74 Montauk HighWay East Hampton, Ny. 11937 Re: ZBA file # 6323 - Tenedios Dear Atty. Stankevich: Enclosed are the original maps you submitted to the Board· At this time the hearing is scheduled for January 21, 2010· If you would like the members to review your maps, please submit seven copies of each by January 11, 20092 If you have any further questions please call· Thank you. ly y urs, ~ Gerard P. Goehringer ./ Chairman '..,: 14. II ~ o 0 ! 5 ® $ 0 u ~ 14. to D ~IH E, NO ! / ~9~4 S,E E./_~T._ _M AL2 I__O_N__ .' ~'~ ::_' : ............ ' _~, f~ O. 50UTMOLD, N DFC 16 4o .~ ¢ t~l ',w STATEMENT ~ INTENT THE WATER SU~LY AND SEWAGE DIS~AL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDAR~ OF THE SUFF~K CO. DEPT. OF HEALTH SERVICES. (SI ~LICANT SUFFOLK COUNTY D~T. OF HEALTH SERVICES -- FOR APPROVAL OF CONSTRU~ION ONLY DATE: H. $. REF. A~ROVED: ~FF~K CO. T~X MAP ~SIGNATI~: DI~. ~CT. BL~ ~L. . .~R;;L~ .. ~,. c. ~A P. VACANT) / (5",.~ ,./ / / NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD h~ the matter of applicant: YOU ARE HEREBY GiVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: O~otls~-I rtt£ ~trT~ ~aa.r£ ~t~ £rl~> ~ 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: OCTO~ ~.~ ~ ~ ~::~ . You may contact the Trustees Office at 765-1892 or in writing. ~,: The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. MAILING ADDRESS: PHONE #: ztz- 9 7474-- Ily71 Enc: Copy of sketch or plan showing proposal for your convenience. LONG ISLAND S'OU ~,,.~R ND J PER (VACANT) 25' WIDE RO.W. PER FILED MAP STTE PLAN SCALE: 1" = 40'-0' (VACANT) LAND OF THE STATE OF NEW YORK REVISIONS: RTIN D. FINNEGAN TOWN ATTORNEY mar tin. finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 15,2010 VIA FACSIMILE and FIRST CLASS MAIL Mr. George Stankevich 74 Montauk Highway Suite 22, The Red Home East Hampton, NY 11937 RE: Tenedios Application/Zoning Board of Appeals Dear Mr. Stankevich: In response to your telephone request on January 14, 2010 for an adjournment of the Tenedios matter that is scheduled for a continued public hearing before the Town Zoning Board of Appeals on January 21, 2010, the Zoning Board of Appeals regretfully denies said request. It is noted that a similar request was made and denied on the record at the Board's October 29, 2009 hearing on this application. However, the Board will accept the submission of written comments on the application until February 26, 2009. torney JA/Ik Location: Town Annex/Fa'st Floor, Norfla Fork Bank 54375 Mltin Road (at Yoengs Avenue) Southold, NY 11971 http'.//southoldtown.nor tlffOrlc 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 Yo]AL NO. OF PAGES 'INCLUDING~OVER: SENDE:~:a TELEPHONE NUMBER: 765-1809 (p~ess 1 at vOice recording) [] UKGENT ~OR YOUR'UPDATE [] PLEASE COMMENT [~ AS REQUESTED [] NOTES/COMMENTS: Ple~s'e fred attached copy/copies of the following:. Th~nk you~ Senders Initials: ~ANSMI$SION VERI~ICATI~ R£~ORT TIME NAME FAX TEL SER.# 8i/15/20i0 i6:40 ZONINGBDOFAPPEALS 6317659064 000H?Nl§5986 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 01/1S 16:38 93290390 00:00:40 02 OK STANDARD ECM Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY FORM DATE: 12/15/09 VIA FAX: 765-4643 TO: Patricia Moore for Tenedios ZBA File # -Variance Application - Premises of- 17327 Main Rd., East Marion Date of Building Inspector Notice of Disapproval: July 7, 2009 amended: December 5, 2009 ( X ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the missing information by January 4, 2010. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): ( ) Filing fee $ ; check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information showing all existing or as-built construction and setbacks (application checklist attached). ( X ) Amended Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( X ) Amended Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 280-10), and copies of deeds dating back to creation of original lot lines for this property. ( X ) Amended Notice of Disapproval issued by the Building Department dated: Dec. 5, 2009 Thank you. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 10, 2009 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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 #6323 Owner/Applicant: TENEDIOS Action Requested: Setbacks & yard location Within 500 feet of: (/~) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other inforrfiJ~tion is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ZONING BOARD OF'APP~S TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of STEVE & OLGA TENEDIOS (Name of Applicant) SCTM Parcel #1000-23-1-14.10 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS ~ECE1VE~ ~JOARD OF APPEALS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the/' I day of January, 2010, 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. ** address listed with the assessors was incomplete due to exemption status, alternate address used as follows: (Signature) I~ETSY PERKII~L~/ Sworn to before me this day of January, 2010 ( - (l'~tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualifiec~ in Suffolk County Commission Expires June 3, .~.~./ 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. TENEDIOS NEIGHBOR LIST SCTM: 1000-23-1-14.10 1OANNOU QUALIFIED PERSONAL RESIDENCE TRUST C/O IOANNOU 105 BEVERLY ROAD DOUGLASTON NY 11363 SCTM: 1000-23-1-14.7 GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 SCTM: 1000-23-1-14.8 GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 SCTM: 1000-23-1-14.9 NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION PO BOX 189 WATERFORD NY 12188-0189 SCTM: 1000-23-1-22 RECEIPT 7192 6463 31 lo oooo 6005 FROM: PATRICIA C MOORE ESQ RE: tened*os zba hearing RECEIPT FROM; PATRICIA C MOORE ESQ RECEIPT 7192 6463 3110 00(x) 6012 FROM; PATRICIA C MOORE ESQ RECEIPT 7192 6463 3110 oC~) 6°36 FROM; pATRICIA C MOORE SEND TO: . ~O~iJ'0u^uh~ERSO~U SEND TO: GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 TOTAL ]~5.54 POST RK , : ATE SEND TO: GEOR VICI~ 74MbNTAUK H T' 22 E.A~T ~ !37 TOTAL g-" $ 5.54 pOSTMARK OR DATE TOTAL $ 5.54 posTMARK OR DATE PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: Igent) (Ex,re Peel [] Yes I CERTIPIED ~ 2. Article Number '~ '7192 6463 3110 0000 6012 7192 6463 3110 0000 6012 Article Addressed To: GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 City PATRICIA C. MOORE ESQ. ~1020 MAIN ROAD ~odTHOLD NY 11971 City PATR[CIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 (Please Print Clearly) Date of Delivery 4, Restricted Delivery? [3. Sewlce Type (Extra Fee) [] Yes CERTIFIED 2. Article Number '7192 6463 3110 0000 6029 IIIIII Ill till Iltllllltllllllllllllllll 7192 6463 3110 0000 6029 Article Addressed To: GEORGE STANKEVICH 74 MONTAUK HW¥, STE 22 EAST HAMPTON NY 11937 · Restricted Delivery? 13. SerVice Type (Extra Peel [] Yes I CERTIFIED 2. Article Number 7192 6463 3110 0000 6005 7192 6463 3110 0000 6005 · Article Addressed To: IOANNOU QUALIFIED PERSONAL RESIDE~C IOANNOU 105 BEVERLY ROAD DOUGLASTON NY 11363 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 4, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: STEVE & OLGA TENEDIOS PROPERTY ADDRESS: 17327 MAIN ROAD (private right-of-way) EAST MARION, NEW YORK 11939 SCTM: 1000-23-1-14.10 Dear Neighbor: I represent Mr. & Mrs. Tenedios with regard to their property located at 17327 Main Road, East Marion, New York They have submitted a request for a variance to the Southold Town Zoning Board of Appeals concerning proposed new construction as more fully outlined on the enclosed Legal Notice. A copy of a portion of the site plan is also enclosed. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, JANUARY 21, 2010 AT 12:15 P.M. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Mr. Mrs. Steve Tenedios Very truly) yours, _ Patricia C. Moore · Office Location: Town Annex/[Vast Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 21, 2010 PUBLIC HF. ARING 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 21~ 2010: 12:15 P.M. STEVE and OLGA TENEDIOS # 6323.. (Carry over from October 29, 2009) Location of Property: 17327 Bain Road (private right.of-way), Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CTM 1000-23-1-14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009 and Amended December 5, 2009, concerning the following proposed new construction: A) The proposed accessory garage is not permitted: 1) with a setback less than 55 feet from the front yard line along the right-of.way; 2) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted in the side yard when a front or rear yard location is code required. C) The proposed swimming pool is not permitted in a side yard when a front yard or rear yard location is code.required. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at the 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 Page 2 - Legal Notice ZBA Fileg6323 - Applicant - Tenedios 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 emaih Vicki.Toth~Town. Southold.n¥.us. Dated: December 28, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY VICKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of STEVE & OLGA TENEDIOS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-23-1-14.10 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold New York 11971 being duly sworn, depose and say that: On the day of January, 2010, 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, January 21, 2010 -~ Patr~c~a C. Moore Sworn to before me this ~l?ayofJanuary, 2010. ~ /.'Notary Public ~-' *near the entrance or driveway entrance of the property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 21, 2010 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 21, 2010: 12:15 P.M. STEVE and OLGA TENEDIOS # 6323. (Carry over from October 29, 2009) Location of Property: 17327 Main Road (private right-of-way), Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CTM 1000-23-1-14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280.15(C and F), based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009 and Amended December 5, 2009, concerning the following proposed new construction: A) The proposed accessory garage is not permitted: 1) with a setback less than 55 feet from the front yard line along the right.of-way; 2) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted in the side yard when a front or rear yard location is code required. C) The proposed swimming pool is not permitted in a side yard when a front yard or rear yard location is code-required. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at the 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 Page 2 - Legal Notice ZBA File#6323 - Applicant - Tcncdio$ business hours and pr/or to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emai;: Vicki.Toth~,Town. Southold.ny. us. Dated: December 28, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: TENEDIOS, S. & O. # 6323 MAP #: 1000-23-1-14.10 VARIANCE: SI & YARD LOCATION REQUEST: ACCY GARAGE, POOL + POOL BLDG. DATE: THURS, Jan 21, 2010 12:15 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 I ~o au ,- ~O ! ail$1$MinnehahaBlvd, andOpechee ~nt.C'r~:15-S-LL i  ' ~t for ~ ~m ~e ~c- ~ ~ demolition and ~ ~or~ .~ 1~, ~ ~o~ oF Reed ~_ ~aa~ Rd.), New Suffo~ ~ ~$ON ~. R~qu~st for a for a building permit and the November 2~, concerning dwellin~ .(1) at le~s th~,n yard at'less ~han mini- · 11:30 A~l. TII~ODORE C. MAR- 10:30 A.M. WILMINGTON TRUST TZ, ~R. tt~M4, Requeats for Varianc~ C~O~o-~m COde~Rvequest for varl- undor Code Sections 280-t8 and 280-! ~oae~cuon2gO-124 based lO based On the ' ' , · . . . , Building Inspector s on an appticalion for braiding perrmt ' August 19, 2009 Revised November 18, - and the Building Inspector's September ~ Notice of Disapproval aug an ap- ~5, 2009 Notice of Disapproval concern- plicafion for a building permit for a sub- le~s than for the foBowing reasons: (1) lots merged. the co~e required minimum side yard under Seclion280-10;wbenhefdincom., setback of 20 feet ~nd, (2) les~ than the mon ownership with the fi~st lot at any -. . . wn Code, the existing ots are met ed 1~ AM. FRANK $. & DONNA than one dwelling. (3) subdivision will result in i~vo lots having le~s than 40,000 ception under Section 280-13B(14),.Tbe Applicants are the owners requesting Cutcbe~ue.~ 104q2-611 , .. authorization to establish an Accesso~ 1~ P.M.- ~JTRVR stol 'OILGA application for a building - ~ll.l..thaS SlIIE]e family dwelling, with foci 17327 Mare Road (private right-of ~]~la~§ a proposed eddidon and altera- -14) bedrooms for lodginE and servinE oi Lot 6 on a Map of Brion~ Oinid By the thet° a code-requiredSingle family dwellil{g,~iuimumat rear]e~ ~t t.o the. B&B casual, transient Sea, Hast Marin~; CTM 1000-23-1-14;10 ~thack o~ ~0 feet, at 12~ Brigantine ,o~,e..L°~?~n ~f ~.~o.p?r~y: 4850 adiaceat to the Long island Sound. Re- ~1t~]I~ CONNEELY 11:0~ A.M. BRYANT & MERCY 280-15(C and F), based on a building 'M~ELROY N6346. Request for Variance permit ,a_p?ica tion and the BalJding In- ReqTle~ts for Variances fi'om ~ Code ~.'on 2~]~I. based' on spec~rs Notice of Disapproval dated based on an ap- an appJication for building permit and 1uiy 7, 2(X)9, Amended December 5 the .~. ?d~ng Znspech)r's September ~9~ 2009, conceruin£ the fuiJowino ]l.'zo ~ GWYNETH M. ,K~T. . ~de~..r~}uired front yard. ~ ~io~mi~_g use, (2) ]esz than the code re- 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: htto://southtown.northfork.net December 21, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, Janumy 21, 2010 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 January 7~,: 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 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than January lith: Please either mail or deliver to our office your Affidavit of Mailing (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 envelope is returned "undeliverable", please advise this office as soon as possible. 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 than January 13st: 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 propen'y'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 before January 19, 20t0. If.you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. 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, OCTOBER 29, 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~ OCTOBER 29, 2009: 10:45 A.M. STEVE and OLGA TENEDIOS # 6323, Location of Property: 17327 Main Road (private right-of-way), Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CTM 1000-23-1-14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1) with a setback less than 55 feet from the front yard line along the right-of-way; 2) in a side yard when a front yard or rear yard are required on a waterfront parcel; 3) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted: 1) with a size that exceeds the code limitation of 750 square feet; 2) with dormer proposed in excess of the code limitation of 40% of roof width. 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, Page 2 - Legal Notice October 29, 2009 Public Hearing Southold Town Zoning Board of Appeals or by emaih Linda. Kowalski@Town. Southold.ny.us. Dated: October 6, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 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 website: http://southtown.northfork.net October /~ , 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 29, 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 October 12th: 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 yod~' ability, and to confirm how arrangements were made in either a written statement, or durin~ the hearing, providin.q the returned letter to us as soon as possible; AND not later tha'fi October 13th: Please either mail or deliver to our office your Affidawt of Mailinq (form encl0~sed) with parcel numbers, names and addresses noted, and furnish to our office with th~ green/white receipts postmarked by the Post Office. When the green signature cards ar~ returned to you later by the Post Office, please mail or deliver them to us before the schedui~ed, hearing. If any envelope is returned "undeliverable", please advise this office as soofl as possible. If any signature card is not returned, please advise the Board during the ~earing and provide the card (when available). These will be kept in the permanent record 65 proof of all Notices. 2) Not Later Octe~ber 21st: 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 mort~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 mad your;!Affidav,t of Posting for receipt by our office before October 27, 2009. If you are not able t~) 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 Boa'rd 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 TENEDIOS, S. & O. #6323 MAP # 23-1-14.10 VARIANCE SIZES, DORMER & YARD LOC. REQUEST ACCY GARAGE, POOL and POOL BUILDING DATE: THURS, OCT. 29, 2009 10:45 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days b~;tween 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 f #9494 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) OC~ 2 0 2009 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 15th day of October, 2009. ~ Principal Clerk Sworn to before me this day of 2009. PUBLIC-STATE OF NEW YORK No. O1 -V06105050 LEGAL NOTICE SOUI~IOLD TOWN ZONING BOA~.D OF APPEALS THURSDAY, OCTOBER 29, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. OC- 9:.40 A.M. BABS CORP. g 6284 (car- ryover from 025 and 8/27 for more in- formation). Property Location: 13105 Main Road, Mattituck; CTM 140-3-39. 9-.50 A.M. KEVIN and BETTY ANN MORRIS g6328. Request for a Vari~ ance under Section 280-124 based on the Building Inspector's May 27, 2009 No- tice of Disapproval concerning additions and alterations (to the existing single- family dwelling) which will be less than the code~required minimum setback of 10 feet on a single sid~ yard. at 435 Oak Street, Cutchogue; CTM 136-1-27. 10..00 A.M. KATHRYN FARRAND- MOONEY # 6325. Request for a Vari- ance under Section 280-i22A and ZBA Zoning Interpretation # 5039, based on the Building Inspector's July 9, 2009 No- tice of Disapproval concerning an appli- cation for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create a new noncom formance with regarding to a single side yard at less than 15 leet, and total side yards at less than 35 feet. (Note:This lot appears to be between 20,000 and 30,000 · square feet after deleting the land below the bluff or bank of Little Pecoinc Bay.) Location of Property: 1769 Smith Road, Peconic; CTM 1000-98-4-20. ~-~ 10:18 A.M. LORRAINE PARRA g 6324. Requdsts for Variances under Section 280-124 based on the Building Inspector's July 8, 2009 Notice of Dis- approval which states that the new ad- dition/alteration (to the existing single family dwelling) will be less than the code-required minimum of 35 fe~t and will exceed the maximum lot coverage of 20°/% after creating new habitable floor space on this +/- 2,475 square foot lot, at 970 Seventh Street, Greenport; CFM 1000-48-2-19. 10'.30 A.M. JON and SENNIFER SHIPMAN g6327. Request for a Vari- ance under Section 280-124 based on the Building Inspector's June 17, 2009 Notice of Disapproval concerning an ad- dition to the existing single-family dwell- ing with a front yard setback at less than the code-required 50 feet, at 4745 Elijahs Lane, Mattituck; CFM I000-100-4-11. 10:4~ A.M. $~VE and OLGA TENEDIOS # 6323. Location of Prop- erty: 17327 Main Road (private right-of- way), Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CTM I000-23-1- 14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building In- spector's Notice of Disapproval dated July 7, 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1) with a setback less than 55 feet from the front yard line along the right- of-way: 2) in a side yard when a front yard or rear yard location is code required on a waterfront parcel; 3) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted: 1) with a size that exceeds the code lhnitation of 750 square feet; 2) with dormer proposed in excess of the code lmiitatinn of 40% of roof width; C) The proposed swimming pool · is not permitted in a side yard when a front yard or rear yard location is code- required. IL'05 A.M. CHRIS MESKOURIS # 6326~ Request for Variances under Sec- tion 280q24 based on the Building In- spector's revised July 16, 2009 Notice of Disapproval concerning a new pergola and new patio (after removal oI deck) with a setback at less than 10 feet on a single side yard, less than 25 feet on to- tal side yards, and exceeding the code limitation of 20% lot coverage on this 6,045 square feet lot (measured from the Coastal Erosion Line), at 1400 Sound Beach Drive, Mattituck adjacent to Long Island Sound; CTM 1000-106-1-35.1. 11'.25 A.M. Appeal # 6316 by LOUIS and LUBA CORSO, 13451 Oregon Road, Cutchogue, appealing Building Permit g34590 dated 4/8/09 and CO g Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for stor- age on property owned by TIMOTHY AND JEANNE STEELE at 13795 Or- egon Road, Cutchogue; CTM 1000-83- 2-10.16, 12'00 P.M. BARBARA SHINN # 6308 (Hearing reopened as per Board Resolution). Request for Variances from Town Code Chapter 277, Section 27% 3B(1 ), based on the Building Inspector's April 8, 2009 Notice of Disapproval stat- lng that the proposed wind turbine is not meeting the code requirement for a minin~um distance from a property line, total height of the small wind en- ergy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing resi- dential structure. The proposed location is shown 136.5 feet measured easterly to other land identified as CTM 1000- 100-4-4; zero feet from the applicant's agricultural land along the west, and +/- 18 feet from the applicant's agricul rural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant's single-family dwell- ing and agricultural lands. Location of P/oporty: 2000 Oregon Road, Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2) and 1000-100-4-4. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each bearing, 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 daring regular business hours and prior to the day o1: the hearing. If you have questions, please 'do not hesitate t~c0htact our office at (631) 765-1809, or by e-mail: Linda. Kowalski@Town. Southold.ny.u~ Dated: October 6, 2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) PO. Box 1179 Southold, NY 11971 0959 9494 1T 10/15 ZONING b .OARD'OF APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of STEVE & OLGA TENEDIOS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-23-1-14.10 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold New York 11971 being duly sworn, d,epose and say that: , On tl~/Z~/day of October 2009, I personally placed the Town s official Poster, with the dat~ 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, October 29, 2009 Patric~ oo~r~ Sworn to before me this ,~_ ~ day of October, 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 Signa~re: (~3Addressee or [3Agent) Received By: (Please Print Clearly) AouJ C. Date of Delivery 4. Restricted Delivery? 3, Service Type (extra Fee) [] Yes CERTIFIED 2, Article Number 7192 6463 3110 0000 5541 7192 6463 3110 0000 5541 t. Article Addressed To: NYS OFFICE OF PARKS,, RECREATION & HISTORIC PRESERVATION PO BOX 189 WATERFORD NY 12188-0189 PATRIEIA C, MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 · Date PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes CERTIFIED 7192 6463 3110 0000 5503 7192 6463 3110 0000 5503 1. Article Addressed To: IOANNOU QUALIFIED PERSONAL RESIDE~{ IOANNOU ' 105 BEVERLY ROAD DOUGL~STON NY 1136~ I2' Art:l:gh~m:~63 3110 0000 5527 7192 6463 3110 0000 5527 1. Article Addressed To: GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765~.330 Fax:: (516) 765-4643 October 9, 2009 RECE]'VED OCT .1 9 BOARD OF APPEALS Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: TENEDIOS #6323 SCTM: 1000-23-1-14.10 HEARING DATE: TBURSDAY, OCTOBER 29, 2009 Dear Chairman: With reference to the above, enclosed please find Affidavit of Mailing, postal receipts and copy of letter to neighbors. Thank you. bp encls. Very truly yours, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of STEVE & OLGA TENEDIOS (Name of Applicant) SCTM Parcel #1000-23-1-14.10 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS ~ECE~'VED OCT ! 9 3OARD OF APPEALS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On thinz~ day of October, 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. Sworn to before me this/L'-/._~ 7-¥ day of October, 2009 ( (N~tary Public) MARGARET C. RUTKOWSKI Notary Public, St~,tr~ ol New York No. 4Uc~2528 Qualified in Suffolk County Commission Expires June 3. ~O / / 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. · ZONING BOARD Of APPEALS TOWN OE SOUTHOLD: NEW YORK In the Matter of the Application of STEVE & OLGA TENEDIOS (Name of Applicant) SCTM Parcel #1000-23-1-14.10 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT MAI L~NGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On th,e~ day of October, 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. ** address listed with the assessors was incomplete due to exemption status, alternate address used as follows: NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION PO BOX 189 WATERFORD NY 12188-0189 /,~ /(Signatu~e~ 1/ ./ BETSY E~_.~$ Sworn to before me this ~ 2, ~'''~ day of October, 2009 (Notary Public~...sK! MARGAI~ET'C. RUTKOW Notary Public, State of New York No. 4982528 Qualified in Suffolk County..-, ~,,, Cz~nmission Expire~ June ;3, c~, ~' ~ ~ PL-EASElist, on'the back of t'h"~idavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. TENEDIOS NEIGHBOR LIST SCTM: 1000-23-1-14.10 IOANNOU QUALIFIED PERSONAL RESIDENCE TRUST C/O IOANNOU 105 BEVERLY ROAD DOUGLASTON NY 11363 SCTM: 1000-23-1-14.7 REcEiVED OCT 1 9 ' 009 BOARD OF APPEALS GEORGE STANKEVICH 74 MONTUAK HWY, STE 22 EAST HAMPTON NY 11937 SCTM: 1000-23-1-14.8 GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 SCTM: 1000-23-1-14.9 STATE OF NEW YORK ALBANY NY 12233 SCTM: 1000-23-1-22 RECEIPT 7192 C~1~3 3110 0000 5503 FROM: PATRICI~ C MOORE ESQ RE; Ten~dios ZBA RECEIPT 7192 6463 3110 00C~ 5510 FROM: PATRICtA C MOORE ESQ RE Tenedios ZBA RECEIPT 7192 6zI~3 3110 0CCD 5527 FROM: PATRICIA C MOORE ESO SEND TO: IO/~INOU QUALIFIED PERSONt IOANNOU FEES: · (~/ TOTAL POSTMARK OR DATE SEND TO: GEORGE STANK~VtCH FEES: TOTAL POSTMARK OR DATE SEND TO: FEES: TOTAL POSTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 7654330 Fax: (631) 7654643 October 9, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: STEVE & OLGA TENEDIOS PROPERTY ADDRESS: 17327 MAIN ROAD (private right-of-way) EAST MARION, NEW YORK 11939 SCTM: 1000-23-1-14.10 Dear Neighbor: I represent Mr. & Mrs. Tenedios with regard to their property located at 17327 Main Road, East Marion, New York They have submitted a request for a variance to the Southold Town Zoning Board of Appeals concerning proposed new construction as more fully outlined on the enclosed Legal Notice. A copy of a portion of the site plan is also enclosed. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office. The hearing on this matter has been scheduled for THURSDAY, OCTOBER 29, 2009 AT 10:45 A.M. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Mr. & Mrs. Steve Tenedios Very t~.ly yours, ~Patricia C. Moore Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 29, 2009 PUBLIC HEARING Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 {Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 29, 2009: 10:45 A.M. STEVE and OLGA TENEDIOS # 6323. Location of Property: 17327 Main Road (private right-of-way), Lot 6 on a Map of Brionn Gloid By the Sea, East Marion; CTM 1000-23-1-14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280-15(C and Fi, based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1) with a setback less than 55 feet from the front yard line along the right-of-way; 2) in a side yard when a front yard or rear yard are required on a waterfront parcel; 3) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted: 1) with a size that exceeds the code limitation of 750 square feet; 2) with dormer proposed in excess of the code limitation of 40% of roof width. 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, Page 2 - Legal Notice October 29, 2009 Public Hearing Southold Town ~oning Board of Appeals or by emaih Linda,Kowalski@Town. Southold,ny,us. Dated: October6, 2009. ZONING BOARD OF APPEALS GEEARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 PIT (VERIFY _OCATION IR FIELD w/OWNER) FLOOD ZONe. ~ 20.8' PORCH 27.2' 25' WIDE R.().W. PER FILED MAP ';':~';':~';':~';':~';: ~ :.. ~':~';':~';':~';':~]'.:' .'.:'.': ..... '".'-'-'.'-'. .......... :-:. ~] ~ ha,;v.~J~,~v-~.'..'..','..'?~.'..' PROPOSED SIDEWALK POOL HOUSE 2STY. FRM. GARAGE rn LAND OF THE ,' OF NEW YO (VACANT) 25' WIDE R.O.W. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 24, 2010 Patricia C. Moore, Esq. For: Steve and Olga Tenedios 51020 Main Road Southold, NY 11971 Re: ZBA # 6323 Dear Ms. Moore: Transmitted for your records is a copy of the Board's March 16, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Very trul~y~xYOur, s,' Vicki Toth Encl.