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HomeMy WebLinkAbout6370 ~g 13 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 RECEIVED TOWN OF SOUTHOLD ~,,~, Tel. (631) 765-1809 Fax (631) 765-9064 '~, .')~ %',1 FINDINGS DELIBERATIONS AND DETERMINATION*~-¢~(~' ~ aouthold Towa Cler~ MEETING OF MARCH ~6, 2010 ZBA FILE #6370 NAME OF APPLICANT: Robert & Beth Annello PROPERTY LOCATION: 1980 Leeton Dr. (adjacent to Long Island Sound) Southold CTM#58-2-13 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without.further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 5, 2008 stating 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: This property is a non-conforming 6825 sq. ft. (to the coastal erosion hazard line) lot measuring 50 feet on Leeton Dr., 155.30' along the easterly property line, 153.63' along the westerly property line, and 50.03' along the L.I. Sound. The parcel is improved with a two story frame home, hot tub, decks and an accessory shed. LWRP DETERMINATION: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards on April 21, 2009 and was recommended as inconsistent. The coastal consistency review recommended the establishment of a 15' non-disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. The Zoning Board of Appeals approved the action on May 28, 2008 (#6242) and established a non-turf vegetative buffer on both sides of the seaward deck. Based upon this condition the Zoning Board of Appeals furthered the policies of the LWRP to extent practicable. The amended proposal includes no ground disturbance and therefore, the amendments are not significant enough to warrant a re-review of the action. BASIS OF APPLICATION: Request for Variances from Code Sections 280-124 & 280-116A(2) based on an application for building permit and the Building Inspector's January 15, 2010, Notice of Disapproval concerning proposed additions and alteration to a single family dwelling, (1) less than the code required minimum side yard setback of 10 feet, (2) less than the code required total side yard setbacks of 25 feet, (3) less than the code required setback to sounds of 100 feet, (4) proposed second story addition is a deviation from ZBA decision # 6242. RELIEF REQUESTED: The applicant is requesting a minimum side yard setback of 8.6 feet, where 10 feet is required and total side yard setback of 17.6 feet, where 25 feet is required and a rear yard Page2 March 16,2010 ZBA File#6370 - Anello CTM: 1000-58-2-13 at 1980 Leeton Dr., (adj. Long Island Sound) Southold setback of 32 feet, where 35 feet is required. Additionally, the applicant requests a setback of 32 feet from Long Island Sound, where 100 feet is required. The proposed second story addition is a deviation from the prior ZBA grant #6242 in regards to the noted setbacks. The applicant proposes to make structural repairs and alterations to the roof of the existing dwelling. These alterations include new second story roof, altered second story roofed over porch and a copula. FINDINGS Of FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 25, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-bi3)(b)(t) Grant of the variance for the new roof line and copula will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The same or similar or similar properties on Leeton Dr. fronting on the L.I. Sound are very similar to the applicants' property. The adjacent lot sizes are non-conforming in area and setbacks, and are improved with cottage-like seasonal dwellings built in the 60's and 70's. Many of the lots, because of size, require lot coverage variances when specific improvements are requested from the Building Department. Therefore, any additions or alterations will increase the degree of nonconformance, and per the VValz decision will require a variance. This alteration to the existing dwelling will remedy the persistent roof leaks and improve the appearance of the dwelling. Grant of the variance for the proposed roof over the shore side deck will produce an undesirable change in the character of the neighborhood since the permanent structure will change the open look of the shorefront. Town Law §267-b(3)ib)(2} The benefit sought by the applicant for the new roof line and copula cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because of the pre-existing setbacks that were established during much earlier zoning requirements. However, the proposed roof over porch can be achieved by some method, feasible for the applicant to pursue, other than an area variance since sun control can be achieved by a retractable awning or large umbrella, rather than with a permanent roof addition. Town Law _~267-bi3)ibi{3) The proposed setback variances requested herein were granted under appeal #6242. While the setback variances granted under the prior Appeal were substantial mathematically, the Board determined them to be insubstantial, in so far as no increase in the pre- existing non-conforming setbacks was proposed. These same pre-existing non-conforming setbacks will be maintained by the new proposed second story roof line and copula. However, the proposed second story roof extension over the pre-existing non-conforming second story open deck will increase the degree of non-conformance. Town Law _~267-b(3)ib)¢4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant will comply with the recommendations of the LWRP and the condition in the Board of Appeals previous decision to maintain a 15 ft. vegetative buffer between the dwelling and the bulkhead. The new roof will be fitted with gutters and leaders into drywells as per code to control roof run off. Town Law §267-b¢3)ib)(5) The difficulty is not been self-created, but is the nature of the existing non- conformities that are part of this and many parcels in the immediate neighborhood. Town Law §267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new and improved roof, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page ~ March 16, 2010 ZBA Fi1¢#6370 - Anello CTM: 1000-58-2-13 at 1980 Leeton Dr., (adj. Long Island Sound) Southold 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance, for the new roof line and copula, as applied for, and shown on the plans and specifications prepared by Chorno Associates, Architects, Dated 8/10/09 and received by the ZBA Office and made part of this file on 1/22/10. DENY, the variance for the second story roof extension over the existing second story open deck, as applied for. Conditions: 1. The applicant will comply with the recommendations of the LWRP and the condition in the Board of Appeals previous decision to maintain a 15 ft. vegetative buffer between the dwelling and the bulkhead. 2. The new roof will be fitted with gutters and leaders into drywells as per code to control roof run off. 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. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). (Absent was: Member Horning) This Resolution was duly adopted (3-0-1). Abstain: Member Dinizio. Leslie Kan~s Weisman, Chairperson Approved forfiling ~ ~,~ /2010 1ST FLOOR I PLAN // 2ND FLOOR PLAN ',. "%.. RECEIVED JAN ~ ~OARD OF ApPeALS SECTION A '1 L~ SECTION B. Scale: 1/4"= 1',,,0" 1000-58-02-13 DATE: 8-~ 0-09  ALTERATIONS OF THE ANELLO RESIDENCE , : . 1980 LEETON DRIVE i' ~:,~ :-~ ! ~,. ..,._, SOUYHOLD NY A-t .~'~'i ~. CHORNO ASSOCIATES SOUTHOLD, NEW YORK 'H SOUTH ELEVATION WEST ELEVATION EAST ELEVATION Scale: 1/4"=1L0" RECEIVED JAN 2 BOARD OF APPEALS NORTH ELEVATION DATE: 8-10-09  ALTERATIONS OF THE . ANELLO RESIDENCE i' ~:~ ~ ~:~ i 1980 LEETON DRIVE ~. ~ SOUTHOLD NY A-2 /~~ ~4~'J~ CHORNO ASSOCIATES architects. SOUTHOLD, NEW YORK RECEIVED FORM NO. 3 TOWN OF SOUTHOLD SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL BOARD OF APPEALs DATE: January 15, 2010 TO: Patricia Moore Esq. for R & B Annello 51020 Main Road Southold, NY 11971 Please take notice that your application dated January 6, 2010 For permit for an additions & alteration to a single family dwelling at Location of property: 1980 Leeton Drive, Southold County Tax Map No. 1000 - Section 5~8 Block 2 Lot 1~3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 6,825 square foot lot, is not permitted pursuant to Article XXIII Section 280-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet, a rear yard of 35'. The proposed deck roof over is indicated at approximately 32' from the rear lot line & 8.6' & 17.6' combined. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116 A (2), which states; "Except as otherwise provided in Subsection A(1) hereof, all buildings or structures located on lots adiacent to sounds shall be setback not less than 100 feet from the ordinary high water mark of said sound." The proposed construction notes a proposed setback of+/- 32. feet from the ordinary hi~.h water mark. Also, the proposed 2"a story addition is not permitted since it is a deviation from ZBA#6242. Also, the lot coverage, decking & hot tub relief are not included since ZBA file #6242 indicates approval. This disapproval is based upon the survey by John Metzger, LS~ dated Aug. 24~ 2009. Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 2, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Ooeringer: Pursuant to the requirements of Sections Al4-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter 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 Faga, Kevin & Jeanine Weingart, Bryan R. & Holly A. Unexcelled LLC Anello, Robert & Beth Southold Holding LLC Meskouris, Chris Hildebrand (Chrism) & Abrams (Jeff) Anderson (James & Ellis (Rosemary) TRK:ds 6367 6368 6369 · 6370 6371 6372 6373 6374 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5101 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ~,x~f~i" ,fi o~c~ LOC~a'IOS: \\/y 54375 State Route 25 '/ (cor. Main Rd. & Youngs Ave.) / Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Leslie Weisman, Chair / To: Town of Southold Zoning Board of App~'s From: Mark Terry, Principal Planner \/%,, LWRP Coordinator ~-~' Date: February 8, 2010 Re: ZBA File Reference No. 6370 Anello \x~ SCTM# 1000-58.-2-13 ~OARD OFAppEALS Town records indicate that the proposed action was reviewed to Chapter 268, Waterfront Consistency Review on April 21,2009 and was recommended as inconsistent to the Zoning Board of Appeals. The coastal consistency review recommended the establishment of a 15' non-disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. The Zoning Board of Appeals approved the action on May 28, 2009 (#6242) and established a non-turf vegetative buffer on both sides of the seaward wood deck. Based upon this condition the Board furthered the policies of the LWRP to extent practicable. The amended proposal includes no ground disturbance and therefore, the amendments are not significant enough to warrant a re-review of the action. Cc: Lori Hulse, Assistant Town Attorney Iie: $ ~ ce Notes: House No. 1980 Street Leeton Drive SCTM 1000 Section_58 Block 2_~_Lot(s). 13 ~ECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Filed By: ~i ~{?IF~ Date Assigned/Assignment No. ~F At)PEALs Hamlet Southold Lot Size_6,825 to CEH Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 15, 2010 BASED ON MAP Peconic Surveyors dated August 24, 2009 Applicant(s)/Owner(s):. Robert & Beth Annello Mailing Address: 1980 Leeton Drive, Southold Telephone: 766-5012 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, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email:_pcmoorel~,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED August 24, 2009 and DENIED AN APPLICATION DATED January 6, 2010 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.) Article XXIII Section 280- 124 roof over existing deck and change roof over existing house. Owner wishes to change roof design from approved design in Appeal #6242 (remains elevated one story)- existing house preexisting nonconforming setbacks (Walz) Article 280-116 A (2) Setback from Long Island Sound preexisting nonconforming (maintain existing setbacks but construct roof over existing deck and change roof over existing house) ~ECE~VED Type of Appeal. An Appeal is made for: ~OARD OF APPEALS E A Variance to the Zoning Code or Zoning Map. [~ A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal X has, has not been made at any time with respect to this property~ UNDER Appeal No. Year_ (Please be sure to research before completing thts question or call our office for assistance.) Appeal 6242 in 2009 and Appea12468 in 1978 Name of Owner: Robert & Beth Anello ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property is adjacent to the Long Island Sound with a bulkhead and no bluff. The adjacent easterly property owner has reconstructed their house with two and ½ stories and the height of the one story Annello house is significantly shorter, resulting in a significant impact on the height between the two properties. The applicants wish to add a cupola to the roof design to add character to their home and to mitigate the difference in height with the neighbor's home. The roof design does not add any living space and adds to the architectural look of the house. As to the roof over the existing deck, Mrs. Annello can not tolerate the summer heat and sun on the existing waterfront deck, therefore, the applicants request a roof over the existing waterfront deck. The existing footings of the existing deck are sufficient to support the proposed posts and roof over deck. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The preexisting setbacks of the house were established prior to zoning. Minimal alterations are permitted under FEMA regulations. The application must replace the roof pitch to correct 1960's construction of additions under multiple roof connections. The design of the roof will enhance the character of the existing house and conform to the design of the surrounding homes. As to the deck over the existing waterfront deck, the applicants considered an awning, however, the strong winds off the sound damage fabric awnings and a roof over the deck will provide both a location for a fan and also shade. To Mr. And Mrs. Annello, awnings are less attractive than a roof. (3) The amount of relief requested is not substantial because: The existing house was constructed prior to zoning and altered throughout the years. The alterations to the roof is not adding living space it is merely changing the pitch and structural components to correct the substandard existing structure. The roof modification over the existing house and roof over the existing deck does not increase either the size of the living space or the existing footprint. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: RECEIVED Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. BOARD OF APPEALS D A Variance due to lack of access required by New York Town Law-Section 280-A. ~_~ ~ D Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal has, E has not been made at any time with respect to this property, UNDER Appeal No. Yea r_ (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: George Yatrakis ZBA File # REASONS FOR APPEAL (additional sheets ma~ be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property is adjacent to the Long Island Sound with a bulkhead and no bluff. The adjacent easterly property owner has reconstructed their house with two and ~ stories and the height of the one story Annello house is significantly shorter, resulting in a significant impact on the height between the two properties. The applicants wish to add a cupola to the roof design to add character to their home and to mitigate the difference in height with the neighbor's home. The roof design does not add any living space and adds to the architectural look of the house. As to the roof over the existing deck, Mrs. Annello can not tolerate the summer heat and sun on the existing waterfront deck, therefore, the applicants request a roof over the existing waterfront deck. The existing footings of the existing deck are sufficient to support the proposed posts and roof over deck. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The preexisting setbacks of the house were established prior to zoning. Minimal alterations are permitted under FEMA regulations. The application must replace the roof pitch to correct 1960's construction of additions under multiple roof connections. The design of the roof will enhance the character of the existing house and conform to the design of the surrounding homes. As to the deck over the existing waterfront deck, the applicants considered an awning, however, the strong winds off the sound damage fabric awnings and a roof over the deck will provide both a location for a fan and also shade. To Mr. And Mrs. Annello, awnings are less attractive than a roof. (3) The amount of relief requested is not substantial because: The existing house was constructed prior to zoning and altered throughout the years. The alterations to the roof is not adding living space it is merely changing the pitch and structural components to correct the substandard existing structure. The roof modification over the existing house and roof over the existing deck does not increase either the size of the living space or the existing footprint. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is protected by bulkhead, there is no Bluff, and the structural alterations to the roof are to remedy an existing condition. The homes on the east side has been expanded and towers over the Annello's home. The proposed roofs are proposed over existing structures and do not effect or impact the physical or environmental conditions in the neighborhood. All roof runoffwill be captured on site. (5) Has the alleged difficulty been self-created? ( )Yes, or No(X ) Preexisting Are there Covenants and Restrictions concerning this land: ~ No. Yes (vlease furnish coav). 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 RE~T-Eflg, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s~~ Signature of Appellant or Authorized Agent ~;,, ~ t3~.~e m. ;;~? (Agent must submit written Authorization from Owner) ~ ' RECEIVED BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Robert & Beth Anello Date Prepared: January 19, 2010 RECE~¥ED ~OARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: roof over existing dwelling 32' x 33' Existing roof to be reconstructed with new pitch and cupola II. New Construction Areas (New Dwelling or New Additions/Extensions): New Roof over existing second floor waterfront deck. No change to existing deck add new post and new roof. Dimensions of first floor extension: over existing waterfront deck (depth 8' on west side x length( 12' + 8' + 12') x 12' on east side).. Dimensions of new second floor ( no change) Dimensions of floor above second level: __top of cupola 31' roof with a 6 by 12 roof pitch Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed no change 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: IV. Calculations of building areas and lot coverage (from surveyor): Existing: 33.8% reduced to 29.8% Proposed increase of building coverage: none Square footage of your 1ot:~6~825 to CEH line with an additional 10 feet to the bulkhead exists but is not counted in lot area. Percentage of coverage of your lot by building area: 33.8% The alterations to the existing house do not change the lot coverage and there is no increase in living area. In previous appeal lot coverage reduced to 29.6% V. Purpose of New Construction Requested: new roof design requested due to neighbor's expansion. Roof over existing deck to protect against sun and heat. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _flat, developed, contains an existing bulkhead which is tied to neighboring bulkheads and adjacent to the Long Island Sound Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). RI~CEIVED 7/2002; 2/2005; 1/2006 BOARD OF APPEALS OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Robert & Beth Annello 1000-58-2-13 Is the subject premises listed on the real estate market for sale? [3 Yes E No Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. RECEIVED BOARD OF APPEALS 1) Are there areas that contain sand or wetland grasses?_ Long Island Sound 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? _ submitted Please confirm status of your inquiry or application with the Trustees: simultaneous review and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existing dwelling & second floor decks and proposed use same with new roof design and roof over existing waterfront deck . ~e ~-e~0~: single-family; proposed: sam ewith garage or pool, or other description.) Authotiize~-S~ture and Date 2/05; 1/07 ~ECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OF APPEALS Thc 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: Robert and Beth Annello 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 the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Trustees 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 mom 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 ~g"[. da.v of L~f~t. '7.~/O / ) ~cia C. Moore RECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OFAPPEAI.$ 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: Robert and Beth Annello 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 the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Trustees 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 partnemhip, 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 Signature: Print Name: Robert & Beth Annello Patricia C. Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS ~OARD OF AppEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in mom detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-58-2-13 (new roof over existing house and new roof over existing porch should be exempt actions) 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 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: __ Town of Southold LWKP Consistency Assessment Form Nature and extent of action: change design of roof over existing house and new roof over existing waterfront deck RECE]~VE~ Location of action: 1980 Leeton Drive, Southold NY 11971 Site acreage: 6,825 sq.ft. Present land use: existing house and deck BOARD OF APPEALS Present zoning classification: r-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Robert and Beth Annello (b) Mailing address: 1980 Leeton Drive, Southold NY 11971 (c) Telephone number: ( 631 ) 766-5012 (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 ora coastal location, and minimizes adverse effects of development. See LWRP Section II1 - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): proposed new roof over existing structures. No expansion beyond existing footprint Policy 2. Prolect 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 X Discussion (if appropriate): __ Policy 3. Enhance visual quality and protect scenic resources lhroughout the Town of Southold. See L WRP Section III- Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 RECEIVED BOARD OF APPEALS Yes X No [] Not Applicable [] ~3 ~o Discussion (if appropriate): Maintaining existing buildings with alterations to roof and new roof over existing porch NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II1 - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section 11I- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy7. Protect and improve air quality in the Town of Southold. See LWRP Section lll- 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): __ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section 111 -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ Town of Southold LWRP Consistency Assessment Form 3 PUBLIC COAST POLICIES ~,oa, Ro Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See L WRP Section 1II - Policies; Pages through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ 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 [] No [] Not Applicable [] Discussion (if appropriate): __ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ili - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ Policy l2. Protect agricultural lands in the Town of Southold. See LWRP Section lll- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section II1- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 January 21, 2010 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand Re: Robert & Beth Annello 1000-58-2-13 1980 Leeton Drive, Southold BOARD OF APPEALS Dear Ms. Weisman and Board: We respectfully ~quest that this matter be placed on your earliest calender. It was my understanding that you had the enclosed drawings, however, the previous appeal reviewed older plans which the owner had revised. Therefore, this appeal is for roof changes to the house and a roof over the existing deck. I discussed the roof over the existing deck at the hearing but the plan was not in your file. The final construction drawings, which are enclosed, were prepared for the building department believing that this revised roof plan had been approved in the prior appeal. Therefore, enclosed please find original and seven of the following: CURRENT NOTICE OF DISAPPROVAL FOR ROOF OVER HOUSE AND ROOF OVER SEAWARD EXISTING DECK 2. VARIANCE APPLICATION 3. SURVEY used for the notice of disapproval BUILDING DIAGRAMS: Diagram or sketch of proposed roof design with cupola, and proposed roof over existing seaward deck with elevations from grade. The roof is over existing structures. The proposed roof over the existing seaward deck is shown on the plans but will not require staking. 6. PROJECT DESCRIPTION, QUESTIONNAIRE FORM, and DISCLOSURE 7. NO COVENANTS AND RESTRICTIONS 8. TOWN PROPERTY CARD 9. The LWRP is enclosed but should be exempt action. 10, check payable to ~Town of Southold" Thank you for your continued courtesies. i30ARO OF AppF..AI.S Very truly yours, '-~l~tricia C. Moore TOWN. OF SOUTHOLD PROPERTY 'RECORD CARD COUNTY TAX MAP NO. LAND IMP. TOTAL ~ DATE REMARKS: I I / STREET ~/IELAGE ' SEAS. VL kND NEW Form Tilloble '1 Tillable 2 Tillable, 3 Woodland ~',~mpland 3rushl~-~?-" /z/o o ~2 o ~D' NORMAL Ac re TOTAL . BUJ FARM BELOW DATE Value Per Acre · DISTRICT SUB. ACREAGE ~ TYPE OF BUILDING COM~. I IND. CB. LOT MISC. REMARKS ABOVE Value PATRICIA C. 'MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries January 6, 2010 Michael Verity Building Inspector 53095 Main Road Southold, NY 11971 (BY HAND) Re: Dear Michael: Anello SCTM#1000-58-02-13 JAN -6 Upon filing for a building permit application with the construction drawings your office noticed that the Zoning Board decision dated June 1, 2009 did not match our construction plans. Upon investigation, we discovered that the elevations which we believed the Zoning Board had in their possession at the hearing were not in their file. At the hearing we discussed the December plans while the ZBA was looking at the October plan. Consequently the Zoning Board decision approved October 28,2008 drawings rather than the December 2, 2009 drawing which included the cupola and roof over second floor deck. These are not the plans my client wanted, they really wanted the cupola because it adds character to the house and provides some scale next to the neighbor's house which was reconstructed to comply with FEMA and towers over their property. In December 2008, prior to the May 28, 2009 Zoning Board public hearing, I submitted to the building department the December 2, 2008 drawing with the revision to the roof line which included a cupola and a proposed roof over the existing second floor deck. Because these plans did not require any additional variances, the notice of disapproval was not changed. Simultaneously, I submitted these plans to the Zoning Board, but for an unexplained reason, there is no record in the Zoning Board file of this submission. We are resubmitting the plans for a second application to the Zoning Board. Enclosed are the construction plans dated August 10, 2009 which my client wishes to build. The house remains a two story frame house with the roof replacement, the cupola is in the center of the house, is not habitable space and the cupola does not impact setbacks. The 8/10/09 plans also show a proposed roof over the existing second floor deck. The roof over the second floor deck was discussed at the ZBA public hearing (it is in their transcript), my client had the December drawings at the property during the site inspection, but since the ZBA did not have the December elevations, the roof over the existing deck is not mentioned in the ZBA decision and my client needs the protection from the sun. Please include this in the notice of disapproval. Finally, in the first appeal (ZBA#6242) the notice of disapproval dated October 16,2008 and amended on October 29, 2008 identified the following variances: Article XXIII section 280-124 (side yard, rear yard and lot coverage) Article XXIII section 280-122 (Waltz) Article XXII 280-116 A(2) setback to LISound. My application lists all three variances. When the Zoning Board prepared the notice of the public hearing, Article XXII 280-116 A (2) was omitted. I don't know why. Since these structures were existing does Walz (increase degree of nonconformity) override 280-116 A (2) or was this an oversight by the ZBA? Consequently, when the decision dated June 1, 2009 is written, it does not list 280-116 A (2) request for relief. It is obvious from the decision that the existing deck structures and the alterations to the existing house were approved, in addition we agreed to maintain the existing non-turf buffer on either side of the seaward deck which related to the 280-116 A (2) appeal. I do not know how you want me to address this discrepancy. Please advise, we do not want 280-116 A (2)omission in the first appeal to prevent my client from obtaining a building permit. Please issue the notice of disapproval as soon as possible so I can return to the ZBA. Very truly yours, Patricia C. Moore cc: Zoning Board of Appeal TOWNCiF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ,20 Approved 20__ Disapproved a/c Expiration 20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance &Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing cott~ hi~¥~m~ations, and to admit authorized inspectors on premises and in building for necessary inspections. ~...~.~---~ ~, (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) (As on the tax roll or latest deed) / Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Locatio~ 9f land on which prgposed work will. be ;lone: House Number Street County Tax Map No. 1000 Section Subdivision Block Hamlet Filed Map No. Lot Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition Addition Other Work 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Alteration Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Depth Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories Rear Dimensions of entire new construction: Front Height Number of Stories Rear .Depth Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES__NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE RE;QUIP.ED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF~S: ~'~ ~, ~'~'~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, ~~nt, Corporate Officer, etc.) (S)He is the 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. Signature of Applicant N LOT COVERAGE AREA TO COASTAL EROSION HAZARD LINE = 682.5 sq. fl. HOUSE~DECKS,HOT* TUBs SHED~& STEPS = 2309 sq.ft 230916825 = 33.8% tYALKWA YS TO BE REMOVED = 288 sq. ft. 288/6825 = 4.2% .,~3.8%-.4.2% = 29.6% COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # 56-566-8~ FLOOD ZONE FROM FIRM MAP NUMBER 36103C0154 G MA Y ,1, 1998. ELEVATIONS REFERENCED TO N.G. V.D. · =MONUMENT ANY ALTERATION OR ADDITION TO THIS SUF~VEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SEC~?ON 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOP THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOP 14'f'!OSE SIGNATURE APPEARS HEREON. -% AREA=7,723 SO. FT. SURVEY 'OF PROPERTY A T $OUTHOLD TOWN OF SOUTHOLD .SUFFOLK COUNTY, N.Y. 1000-58-02-13 $CAI~: l~EO' NOVEMBER 27, 2006 dUNE 19, 2.008 (COASTAL EROSION HAZARD LINE) SEPT. 2.zt, 2.008 (adSiffons) SEPT.. 30, 2008 (a~dilions) OCT. 16t 2008 {ground level deck added Io lot ~overage~ JAN. f4, 2.009 [adflilions) MA Y I$, 2.009 Not' coverage) A'~g. 24~ 2009 (addlllons) ~651) 765-5020 P.O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 06-248 Town Annex/First Floor, Capital One Bank 54375 Main Road (~t Youngs Avenue) $outbold. NY 11971 53095 Main Road P.O. Box I ! 79 Southold, NY 11971-0959 http:flsoutboldlown,northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: May 28, 2009 ZBA FILE # 6242- ROBERT and BETH ANELLO, Applicants CTM 58-2-13 PROPERTY LOCATION: 1980 Leeton Drive, Southold, adjacent to the Long Island Sound SEQRA DETERMINATION: The Zoning Board of Appeals has visited the propen'y under consideration in this applicat~ and determines thal this review falls under the Type II category of the State's Ust of Actions, w~out further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as reduimd under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Deparlment of Planning issued its reply dated December 5, 2098 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 6,825 sq. ft. tot measuring 50 feet wide along Leeton Drive, 155.30 ft, along the easterly property line and 153.63 ft. along the westerly property live. It is improved with a two story framed dwelling, shed, hot tub, decks and steps, BASIS OF APPLICATION: Request for Vadancas under Sections 280-124, 280-122 and ZBA Code Interpretetion (under R. Welz Application ZBA #5039), based on the Building Inspeclo~s amended October 29, 2008 No~ce of Disapproval, New construction is proposed as additions and alterations to the existing singts-famlly dwelling at less than Ihe code.-roquired minimum concerning: (1) side yard less than '10 feet, (2) total side yards less than 25 feet. In addition, a Variance is requested for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lot. = LWRP DETERMINATION: A Letter dated April 21, 2009 confirming Inconsistency was submitted to the Board of Appeals under Chapterl;95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The recommendation in the report read: 'Require a minimum 15 fl. non- disturbance buffer incor[x)rating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. Note thai the buffe~' should fully ino3'porate the Coastal Erosion Hazard Area (seaward of the Coastal Erosion Hazard Line)," At the request of tim Board at the Public Hearing on April 23, 2009, the applicant's attorney, Patficia Moore, reviewed that LWRP report with Mr. Scott Hillary who consulted with Mark Terry and submitted a letter to the ZBA dated April 27, 2009. Her letter states that she was advised by Mr. Hillary that the intent of the LWRP recommendation was to keep the existing vegetation (Monlauk Daisies) planted by the applicant on either side of the seaward wood deck. These native plants serve as a vegetative buffer, not a non-disturbance buffer, because they require pruning. The ,maintenance of this buffer will reduce adverse environmental impacts caused by the non- conforming setback from the bulkhead, Page 2 - May 28, 2009 ZBA # 6242 - R. and B. Aneilo CTM 58.2-13 RELIEF REQUESTED: The applicant proposes to make structural repairs, as needed, to their as built wood ground level and second story-decks, at grade boardwalks, and stairs, to change the existing roof pitch (in place and in kind) over a small addition on the eastedy side of the dwelling, and to le~stize an as built hot tub which is a temporary accessory slructure. The pre-existing non-conforming as built seaward deck is indicated at approximately 7 ff. Mm the rear lot line, (tho c~Xie requires a minimum of 35 fi) and 7.7 fi. Mm fie Mean High Water Mad( on Long Island Sound. The second story roof replacement is PmlX~ed with a single side yard setback of 8.6 it (the code requires a minimum of 10 ff.), and a total side yard setback of 17,6 ff. (the code requires a minimum of 25 it,). The proposed cons~ction indicates a total lot coverage of 33,8% (code requires a maximum of 20%). ADDITIONAL INFORMATION: At the Public Heating on April 23, 2009, the applicant agreed to submit an amended survey and Notice of Disapproval with a reduced lot coverage accomplished by eliminating the existing wood walkways in the front y~l and along the westerly side yard and replacing with pavers at grade. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformily with the code. The applicant, on May 20, 2009, submitted a survey by John Metzger dated May 15, 2009 decreasing the proposed lot coverage by 4.2% from 33.8% to 29.6% by removing 266 sq. it, of wood walkways, thereby bringing the plan into more conform~ with the codes. An amended Notice of Disapproval from the Building Inspector dated May 26. 2009 confirms the prbposed 26.6% lot coverage. · REASQNS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and pemonst inspac~one, the Board makes the following findings: 1. Town Law ,~267~31!b}~'31~11, Grant of the var/am:es w///not pr~xluce an undesirable change in Ihe character of the neighho~nood or adatrimenLto nearby properties. The prol~s on Leeton I~tve along Long Island Sound are typically similar to the applicant's in that many are small, non-conforming parcels Improved with dwellings originally built as summer cotlag~s... Many have excessive tot coverage and wood decking ~ght up to the wood bulkhead (there is no bluff in this section of the Sound). The applicant is not proposing to enlarge the existing d~elling, but rather to make in kind and in ~ace structural repairs that will maintain the pre-existing non-conforming setbacks. The alteration to the e~ting roof is proposed to remedy persistent leaking and improve the appearance of the dwelling. The as built hot tub is a:smail temporary accessory slructure that provides an amenity for the homeowners. 2. Town Law 621~7-b~31¢bl{21. The benefit sought by the applicant cannot be sohieved by some method, feasible for lhe applicant to pursue,'~other than an area vadance because the pre-empting setbecks were established prior to zoning and any addition, s or alterelions will increase the degree of nonconformance, triggering the Walz decision and requiring a variance. ,.. 3, Town Law ~267-b(~i(b)(3). The setback vadancas granted herein are not substantial in so far as they are not changing any existing setbacks. While the I~roposod lot coverage is a substantial variance, II is typical in the applicant's ne~ghborhood~ t 4, Town Law 6267-bGi(b)(61. The difficulty has not been self-created, bul is the result of pm-existing non- conformities. 5. Town Law §267-b(3)(b)14). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighbmhood. The property is protected by a bulkhead that is in excellent condition, there is no bluff, and the wood decks and walkways · are pervious structures On sand with no drainage proUems. Page 3- May 28, 2009 ZBA # 6242- R. and B. Ane~ CTM 58-2-13 6. Town Law ~267-b. Grant of the requested relief AS AMENDED is the minimum action necessary and adequate to enable the applicants.to enjoy the benefit of structu~ mpaim to their existing dwelling, stairs, and decks, while prese~ng and protecting the character of the neighborhood and the health, safety and welfere of the community. RESOLUTION OF THE' BOARD: In considerinOall of the above fantem and applying the balancing test under New York Town Law 267-8, motion was offered by Member Weieman, seconded by Member Simon, and duly carried, to ORANT th~ variance as applied for, and shown on the SURVEY.by John Metzger dared May 15, 2009 and the clrawin~ dat~ 9/2/08 and revised 10~8/08,by Angel Chomo, Architect, hb~le.d Proposed Alterations, Anello Residence subject to the foltow/ng Conditions: 1. The westerly=side ya~ must remain open and unobetndcted for access by emergency equipment, and 2. The appl~nt must continuously maintain the existing non.turf vegetative buffer on both sides of the seaward wood deck, planted with native plants such as Montauk Daisies or Rosa Rugosa as per the recommendation of the LWRP Repo~ That the above condifk~s be v,~ten ~ the Building Inspector's Ce~cate of Occupancy, when issued, ~,y ~,,~o. ~ ~e v~p~ ~wn ~ ~. extees~oo.s, or demoLiOons whi~ ore not shown o~ tho applicar~$ diegrams o~ sun~ey site map~. are ~ot authorized ~der b'liS ap~icalJori when illvolvi~ rKxtco~formltJes ~der the zock~ (~ocle. ~[s ac~on do(~ not autix)ftze or condone arly cufferlt or futu[e*use, se'back or o~ lea~ufe o~ E~e subject Ixopedy Ihat may violate b'le Zoning Code, o~ger tha~ such uses, setbacks and olber feature~ as are expressly addressed in this The 8oard rese~es ~e dght to substitute a similar design ~at is de minimis l~ nat~'e fo~ a~ aJteraf~o~ that (~oes not in~ea~e U~e degree of Vote of the 8oald: A~: Members Goehringer (Chairman), Simon, Weisman and Schneider. (Member Oliva was absent,) This ResolutiOn was duly adopled (4-0).. ~ ~.~.~ / ~=r-c:t~3:0 ;' O~. GOEMRINGER, CHAII~IAN JU,4 ~ 2 20{39 ACTION OF THE ZONING ~OA]~D OF APPEALS Appea~No. 2468 Date~ AUgUSt 17, 1978 143 Harbor Road Cold Spr~ng Harbor, New York 1978 .................... of the Zont~ Ordinance and the decision ol the Building Iaspector ( ) be reve~ed ( ) be conflrm~ b~ause 8=25 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article IIW, Section 100-32 for permission to erect an accessory shed in the front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freedman. SEE REVERSE SEE REVERSE SEE REVERSE SEE REVERSE APPI OVED/ After investigation and insepction the Board finds that the applicant wishes to construct a storage shed in her front yard. The Board agrees with the reasoning Of the applicant. The building is needed to store bicycles, tools and yard furniture during incle/nent and winter weather. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, be GRANTED permission to construct accessory shed in her front yard area. Location of property: Leeton Drive, Southold, New Yor~, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freeman, upon the following condition: The storage she~ shall be at least 3 feet from the westerly lot line of the property and at least 30 feet from Leeton Drive. Vote of the Board: Ayes: Messrs= Gillispie, Grigonis, Tuthill and Douglass. ¥OUHO & ¥OUNO SURVEY FOR: MO01U~ LAW 0F~rCG:S [~oo2 RECEIVED To; southold Town Zoning Board ,~outl~old Town Building DepartmeM ',~outhold Town Trustecs Suffolk Cou~t~ Health Dcpartmenl Any arid All State, County, Local agencies, as neccssary BOARD OF APPEALS Re: ~s'njses a'~ SCTM # 1000-58-02 - 13 ~he understgne~ hsreby au=hor£zes my a==orney, Patricia C. Moore, and her agents to submit any and all &ppli:ations which the p~e~ &ddi~on to a reeidence on ~he above referenced ~gh Annello PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765~1643 February 22, 2010 50A~,D oF APPEALS Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: ANELLO PROPERTY ADDRESS: LEETON DRIVE, SCTM: 1000-58-2-13 SOUTHOLD Dear Chairman: With reference to the above, enclosed please seven (7) copies of a letter in support of our application from one of the adjacent neighbors. Thank you. Very truly yours, bp encls. C: Mr. & Mrs. Robert Anello Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 Dear Ms. Moore, 80 West Dr Southold, NY 11971 February 12, 2010 Re: Robert & Beth Anello Request for Zoning Board of Appeals Variance I am a neighbor of Robert and Beth Anello and wish to go on record in support of their application to the Southold Town Zoning Board of Appeals for a variance to make additions and alterations to their existing dwelling. I will not be able to attend the hearing on February 25, 2010, since I will be out of town that day. Please make my support known to the Board of Appeals. Very truly yours, Ernest H Schroeder ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 27, 2010 Zoning Appeal No. 6370 Transmitted herewith is Zoning Appeals No. 6370 Robert & Beth Anello - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore, Copy of Board of Appeals Findings & Determination Dated May 28, 2009 ZBA File #6242, Photo of House, Copy of Proposed Alterations, Board of Appeals Findings & Determinations Date August 17, 1978 ZBA File #2468, Application for Building Department Dated January 6, 2010, Notice of Disapproval from Building Department Dated January 15, 2010, Copy of Survey Showing Existing Construction Dated November 14, 1974 Prepared by Young & Young, Authorization Letter from Robert Anello to Patricia Moore to Represent them in this Matter, Copy of Property Record Card, Copy of Survey showing Existing & Proposed Construction Dated August 24, 2009 Prepared by Peconic Surveyors, P.C., 2 Pages of Plans Showing Floor, Roof & Elevations Dated August 10, 2009 Prepared by Chomo Associates. {~l'own of Southold P.O Box 1179 Southold, NY 11971 Date: 01/27/10 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 70670 Reference Subtotal 6370 $600.00 Check#: 0991 Total Paid: $600.00 Name: Anello, Robert Joseph 1980 Leeton Dr. Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6370 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 SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 25, 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 119714959, on THURSDAY~ FEBRUARY 25~ 2010: 10:40 A.M. ROBERT ANELLO #6370. Request for Variances from Code Sections 280-124 & 280-116A(2) based on an application for building permit and the Building Inspector's January 15, 2010, Notice of Disapproval concerning proposed additions and alteration to a single family dwelling, (1) less than the code required minimum side yard setback of 10 feet, (2) less than the code required total side yard setbacks of 25 feet, (3) less than the code required setback to sounds of 100 feet, (4) proposed second story addition is a deviation from ZBA decision # 6242, at 1980 Lseton Dr., Southold, NY. CTM: 58-2-13. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by small: Vicki.Toth~Jown.Southold.n¥.us. Dated: January 26, 2010. ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ~ONING 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 Januaw25,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, February 25, 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 February 4th: 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 alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than February 5th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any 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 February 17st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before February 23, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 11u~ dayof February. 2010. Principal Clerk Sworn to before me this ~L~ dayof ~ 2010. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO (Name of Applicant) CTM Parcel #1000-58-2-13 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the ~day of February, 2010, I personally mailed at the United States Post Office in Southo-'i-d, 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 ~Tff day of February, 2010 '/- (l~)otary P~blic) MARGARET C. RUTKOWS,K:I Notary Public, State of New York No. 4982528 Qualified in Suffolk County. / PLEASE list, (~f~rfE~[JC~c['X~i~e~1~[~r on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 6074 I-,Ih.,lllJ.l.,I.,Ih.lfl ANELLO NEIGHBOR LIST SCTM: 1000-58-2-13 JOHN & CONSTANTINO CALIMINOS I MELTON DRIVE WEST ROCKVILLE CTR. NY 11570 SCTM: 1000-58-2-15.2 BOARD OF 4ppEAt$ ELIZABETH DANIELS 421 PARK AVENUE RYE NY 10580 SCTM: 1000-58-2-12 WILLIAM STEELE 1895 LEETON DRIVE SOUTHOLD NY 11971 SCTM: 1000-58-2-10 SCHROEDER FAMILY TRUST 6945 DENMARK STREET ENGLEWOOD FL 34224 SCTM: 1000-58-2-16 RECEIPT FROM: RECEIPT FROM: PATRICIA C MOORE ESO SEND TO: JOHN & CONSTANTINO CALIMII 1 MELTON DRIVE WEST ROCKVILLE CTR NY 11570 SEND TO: ELIZABETH DANIELS 421 PARK AVENUE RYE NY 10580 FEES: FEES: Ipt ~ · 230 Receipt ~" ~ 2.30 TO~AL 1~-~ 54 ~,~L ~ ~ ~S~RK OR'DATE ~0S~RK~ DATE RECEIPT FROM: SEND TO: W1LLIAM STEELE 1895 LEETON DRIVE SOUTHOLD NY 11571 FEES: . 2 80 Pee · ; - // RECEIPT 71926463311000006081 FROM: PATRIC[A C. MOORE ESQ SEND TO: FEES; TOTAL; POSTMARK OR DATE PATRI~C. MOORE ESQ. 51020fN ROAD SOUTHO~'D NY 11971 Date of Delivery ~- I MELTON DRIVE WEST ROCKVILLE CTR- NY 11570 Addressed To: JOHN & CONSTANTINO CALIMINOS PATRZCIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 re: ([3Addressee Received By: (P/ease PrtntYCf~ y) Date of Delivery (ExtraFee) ['-lYes I CERTIFIED 2, Article Number I 7192 6463 3110 0000 6067I 7192 6463 3110 0000 6067 Article Addressed To:  IELS E 4, Restricted'Delivery? 3, Service Type (Extra Fee) [] Yes I CERTIFIED 7192 6463 3110 0000 6081 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 gent) 7192 6463 3110 OOOO 60&1 Re~ceived By: (P/ease 'C/ear/y) Date of Delivery 1, Article Addressed To: SCHROEDER FAMILY TRUST 6945 DENMARK STREET ENGLEWOOD FL 34224 ±) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-58-2-13 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~-F/ ~:)'N~-c~, ~residing at / °/o~3~C) ~-~'-7~' 2>~' .) being duly sworn, depose and say that: On the v day of February, 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, February 25, 2010 Sworn to before me this ~:'/~day of February, 2010 No~t ~~ MARGARET C. RUTKOWSK1 Notary Public, State of New York No. 4982528 Qualified in Suffolk Count~ Commission Expires June 8, *near the entrance or driveway entrance of the property, as the area most visible to passersby. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ANELLO, R. & B. # 6370 MAP #: 1000-58-2-13 VARIANCE: SETBACKS REQUEST: ADDITIONS/ALTERATION DATE: THURS, FEB. 25, 2010 10:40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 January 25, 2009 Re: ZBA File Ref. No. # 6370 ANELLO, Robert & Beth Dear Mark: We have received an application for proposed construction on non-conforming waterfront lot, setback from high water mark. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K/r~V//eisman Chairp~/o~ //~/ By: W~] v Encls. 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) 76S-1809 ['ax (631) ?65-9064 January 25,2010 Mr. Thomaslsles, Oim~or Suffolk County Depadmentof 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 # 6370 Owner/Applicant: ANELLO, Robert & Beth Action Requested: Within 500 feet of: Proposed construction, setback from high water mark. ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie t< ZBA ~(~ By: ~ 7nan 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 24, 2010 Patricia C. Moore, Esq. For: Robert and Beth Anello 51020 Main Road Southold, NY 11971 Re: ZBA # 63%0 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, plgase feel free to call at any time. Very truly yours, Vicki Toth Encl. INOTtCE ~ COUNTY OF SUFFOLK (~) .,,~,,~,-~,,~- ~(F~Reol PFo~iy Tax ~vlce A~ K! ~ Tm,,~ SOUTHOLD 058