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HomeMy WebLinkAbout6364~o~ (~ 2 {3' POOL HOUSE SEPTIC SYSTEM TIE DISTANCES POOL HOUSE POOL HOUSE COVER CORNER"A" CORNER"B" SEPTIC TANK 59' 35' OUTLET COVER CESSPOOL COVER 46' 16.5' SURVEY OF LOTS 411 & 412 MAP OF NASSAU POINT CLUB PROPERTIES, SECTION D FILE No. 806 FILED MAY 7, 1926 SITUATED AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-111-11-15 SCALE 1"=20' SEPTEMBER 14, 2004 SEPTEMBER 20, 2004 SURVEY JUNE 8, 2005 REVISED PROP. SEPTIC SYSTEM LOCATION DECEMBER 27, 2005 FINAL SURVEY JANUARY 29, 2005 UPDATE SURVEY AUGUST 16, 2008 UPDATE SURVEY SEPTEMBER 24, 2005 REVISE PROP. HOT TUB LOCATION OCTOBER 12, 2008 REVISED AS PER S,C.B,H,S, NOTICE DECEMBER B, 2008 UNDERCONSTRUCTION SURVEY JULY 31, 2009 FINAL SURVEY FOR POOL HOUSE OCTOBER 21, 2009 REVISE NOVEMBER 17, 2009 REVISED POOL HOUSE SEPTIC SYSTEM MEASUREMENTS NOVEMBER lB, 2009 ADD PROPOSED SHED APRIL 7, 2010 RELOCATE PROPOSED SHED & LOCATE POOL EQUIPMENT AREA = 39,045 sq. ff. 0.896 ac. INC. RECEIVED BOARD OF APPEALS Nathan Taft Corw n III Land Surveyor Fox (651)727-1727 N,Y,S, Lic. No, 50467 5oT (~ LoT (~) S 76'55 CERTIFIED TO: STEVEN HILL LINDA HILL UNITED GENERAL TITLE INSURANCE LIBERTY TITLE AGENCY ZBA COMPANY 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 RECEIVED MEETING OF JUNE 10, 2010 $ot/~lold Iowa ZBA FILE: #6364 NAME OF APPLICANT: Linda Hill PROPERTY LOCATION: 3190 Haywaters Rd., Cutchogue, NY SCTM# 1000-111-11-13 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. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one and two story single family dwelling with attached garage, brick patio, in-ground swimming pool and pool house. The area of the lot is 39,045 square feet with 322.09 feet on Haywaters Road, 88.07 feet on the south property line, 321.46 feet on the west property line and 156 feet on the north property line. BASIS OF APPLICATION: Request for variance from Code Section 280-15, based on an application for building permit and the Building Inspector's December 1, 2009 Notice of Disapproval concerning accessory shed, 1) location of accessory shed in the side yard rather than code required rear yard. RELIEF REQUESTED: The applicant proposes to construct an accessory shed in a side yard as shown on an amended survey of SCTM# 1000-111-11-13 by Nathan Corwin, L.S. dated April 7, 2010. ADDITIONAL INFORMATION: During the public hearing on March 25, 2010 there was opposition by a neighbor to the original proposed location of the proposed accessory shed in the side yard. At the conclusion of this public hearing the Board asked the applicant and the neighbor if they would be willing to informally discuss between themselves an agreeable solution to the location for the proposed shed. The applicant submitted an amended survey showing a revised proposed location of the proposed accessory shed in a side yard that is agreeable with the neighbor that opposed the original proposed location. The amended and updated survey also now shows the correct location of existing mechanical pool equipment and stockade fencing enclosing this equipment. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 25, 2010 and on May 20, 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: Page 2- June 10, 2010 ZBA File#6364 - Linda Hill CTM: 1000-111-11-13 On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law l~267-bi3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes to screen the proposed accessory shed with plantings that will mitigate its visual impact from the street and the adjacent neighbor's property. 2. Town Law .~267-b(3)(b)(2L The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The parcel is wide and narrow with a steep slope and a narrow rear yard. The side yard is the only available location for a proposed accessory shed. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial, given the configuration of the parcel and location of the dwelling. 4. Town Law §267-b(3}(b)(4'} No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(31(b}(5'}. The difficulty has been self-created. The applicant chose to install a retaining wall and landscaping as well as a septic system in the rear yard, which limits the ability to locate a shed in a conforming location. However, because of the configuration of the parcel and the locations of the existing structures and mature trees on the subject property, the side yard affords the best location for a proposed accessory shed. 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 accessory shed in a side yard 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the amended survey of SCTM# 1000-111-11-13 prepared by Nathan Corwin, L.S. dated April 7, 2010. Conditions: 1.Shade tolerate evergreen landscape screening shall be planted and continuously maintained along the southerly property line and around the as built fencing surrounding the existing swimming pool mechanical equipment to screen the accessory shed and pool equipment from the southerly neighbor's view That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, am 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 thc 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 rightto substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page ~ June 10, 2010 ZBA File#6364 - Linda Hill CTM: 1000-111-11-13 Vote of the Board: Ayes: Members Schneider, Goehringer, Weisman (Chairperson), Dinizio. (Absent was: Member Horning)F. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ~ ///~/2010 RECEIVED ~. TO: R~:CEIVED BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: December 1, 2009 Linda Hill C/O Steven Hill P.O. Box 943 Cutchogue, NY 11935 Please take notice that your application dated November 20, 2009: For permit for accessory shed at: Location of property: 3190 Haywaters Rd., Cutchogue, NY County Tax Map No. 1000 - Section 111 Block 11 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed accessory shed is not permitted pursuant to Article Ilk Section 280-15, accessory buildings and structures; shall be located in the required rear yard. The survey shows the proposed shed in the side yard. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A APPLICATi~I~To THE SOUTHOLD TOWN BOARD ~I~APPEALS For Office U~e Only Ofllce Notes: aouseNo. _~l~.oStreet ~n-¥man"e.~' ~o~-b Hamlet SCTMlOOOSection ~{~ Block Ii Lot(s) [ ~ LotSize 3q. OC~,~'' Zone ! (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~(e,~e~tt: I~ BASEDONMAPDATED f~. 'r' t~,~ooq ~5~' ~. npplicaat(s)/Owner(s): ~/~ b ~ ~l [ I MailingAddrcss: ~O ~o~ ~ ~O~ , ~ ~ II~ Telephone: ~{-~o'~ F~xg: b~/-q20- ~787 Email:~/~ & o~O~L/~, NOTE: In addilion 1o the above, please complete below if application is signed by applicant's anorney, agent, architect, builder, contracl Name of Representativc: ~'Ye.t~,,J ~-~ for(fi) Owner, or ( )Other: Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~'Authorized Representative, or ~3 Other Name/Address below: ! WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED I ~7~ AN APPLICATION DATED tgc'V, gL, 1~o~' FOR: [X~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction EOther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~l~r.__ Section 280- I~" Subsection ~[Ro oc'o~, c ~ *a ~ Type of Appeal. An Appeal is made for: [gA Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~(has, [3 has not been made at any time with respect to this propert% UNDER Appeal No. (,,l'~"~ Year 2~O0~ . (Please be sure to research before completing this question or call our office for assistance.) REASONS FOR APPEAL {additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: BOARD OF APPEALs (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: See g4 ,a, r t (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or (gNo. Are there Covenants and Restrictions concerning this land: ~/No. [] Yes (plet~ve furnish copy3 This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and weffare of the community. C~eck thL~ box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A 1'771CHED USE VARIANCE SHEET: (Please be sate to con~rney.) Signaturetof Appellant or Authorized Agent /..//'-t~V''-~ (Agent must submi, wrln~u Authorization fro,- Owner) VlC}~ Notary Public.State of New York I~o. 01T06190696 ,~__ O.ual!fied_in .Suffolk COunty , ~ummts$¢on ~Xptres July 28, Attachment to the Application to the Southold Town Board of Appeals Variance Appeal RECE/VED Statement 1: This application is for the location of a storage shed in a densely wooded side ya~Aal) OF APPI~A[.$ section of the property. It complies with all setback requirements were it located in the rear yard. The shed is being located in an area which will not require any significant removal of trees and will not have any change in terrain or grading. The shed will be constructed with natural cedar siding and cedar root The lot is wide and narrow and steeply sloped preventing the location of this structure in the rear yard. The Zoning Board has previously granted a variance for the location of a pool in the side due to the same site conditions as are present in this application. The Zoning Board has granted other variances for structures (pools) in the side yards in Nassau Point. The lots in Nassau Point are one half acre in size but, non-conforming lot configurations. Statement 2: Because of topography and set back requirements there is no location in the rear yard that the structure can be located without severely affecting the aesthetics of existing retaining walls and landscaping. The requested location in the side yard is in a remote area of the site and requires virtually no change to the natural slopes and existing trees. Statement 3: The shed maintains all required set-backs. The structure is extremely small (160 sq. fi. There will be no excavation required as the structure will sit on 6 8"-10" diameter sonotubes and the floor will be slightly above ground. Statement 4: The property has been developed with walkways and retaining walls. There are no environmental issues affecting the property. All structures on the property comply with all drainage requirements. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: .Llt~l>h g,tl Date Prepared: ~C 7t ~t,~ I. For Demolition of Existing Building Areas Please describe areas being removed: t~, ~. ~ECEIVEt:- BOARD OF APPEALs Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of fnrst floor extension: I 0 ~ g } t.. ~ Dimensions of new second floor: Dimensions of floor above second level: ~ t. _ t, Height (from fim~k~ gronnd to top of ridge): ~ ls basement or lowest floor area be ng constructed. If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: I ~'Lo~,R IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~.~'1>o 4T Proposed increase of building coverage: I ~o Square footage of your lot: :15. o~.¢ Percentage of coverage of~roIlr lot by building ar~: t~.,¢ ~,o { o °[* V. Purpose of New Construction: . VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on 3'our land and how it relates to the difficult~ in meeting the code requirement(s): Ple~e submit seven (5) photos, labeled to show different ~gles of yard aee~ after staking corners for new const~ction), ~d photos of building area to be ~tcrcd with yard view. 7/2002; 2/2005:1/2(}07 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION '~ECE~'VED Is thc subjccl premises listed on the real estate market for sale'? ! ~' Yes ~XNo Are there any proposals to change or alter land contours? I I No ~Yes. please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? ~/O 2) Are these areas shown on the map submitted with this application? 3) Is the property bul 'kheaded between the wetlands area and thc upland building area? 4) Ifyoar property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet abo~re nrean sea level? ~/O Are there any patios, concrete barriers, bulkheads or fences that exist and arc not shown on the survey map that you arc submitting? t~JO (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 t~me conceru~ng your premises. A/O l£yes, please submit a cop)' of your building permit and map as approved by the Building Department and describe: G. Do you or any co-ox~ncr also own other land close to this parcel? ~VO If yes~ please label the proximiB, of your lands on your map with this application. H. Please list present use or operations conducted at this parcel 1~(~$ ~ l}e~ c ~: ~. ty'k iOt),. I and proposed use -~'~, ~ ~. (examples: existing: single-family: proposed: same with garage or pool. or other description.) Authori?~ ~gnatare and Date 2,05; l 07 APPLICANT ANSACTIONAL DISCLOSURE FORM (I:OR SUBMISSION BY OWNER ar~t 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 mice whatever action is necessan; to avoid same. YOURNAME: /~.¢/I, ffT'-~o, eto O~ab t4;ll (Last name, first name, middle initial, unless you are apl~lying in the name of someone else or other entity, such as a company. If so, indicate the other permn or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Special Exception I f ~-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, marriagc~ or business interest. "Business interest" means a business, including a parmership, 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 thc shares. YES NO ~' 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 ),ourself (the applicant) and the Town officer or employee. Either check the appropriate liue A through D (below) and/or describe thc 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 thc shams of the corporate stock of the applicant (when thc applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when thc applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) thc actual applicant. DESCRIPTION OF RELATIONSHIP RI~CEI¥~D :aOARD OF APPEALS AGRICULT~L~L'DATA STATRMENT ZONING BOARD OF APPEALS TOWN OF.$OUTHOLD ' .- · :~lan app. roin~l, use ~atiance, or subdtv~lbn approval on pr6per~y'wt'thln an agr~eu-l~ral ". $00 feet qf a f~rm operation tbetited .tn'agrie~t.ttur'aldlbtrtct AH applica~tous requiring ~n'ag~eut~. r~l data ' '- '. .'statemeat rat~t be ~ef~tred to 'ih~ fi'itffolk Conn~ Detnirttnent of Planning in ac'eordanct with Seetlon~ 259- ." :' ' .rn and 259-n of iJt~ Gen~al Il~t~nt .e~a? g~tw. '.: ' ' · · '. · '. i . :."'... 2.~'Mdre~fApp]ioa~t:..... ~lc~v.J.~,~/O.ficr~-.'.~ ~~ ;,./~ 1~/,,~£'... ' · 3) ~,m, *f'Lan. a'0wa~(if~r.~ap~li~t): .' " - ' .... · · 4)'Addr~so.'fL~d'.Ov~'..: . ." '.~ -. :.' ! :- . .:.. '.:.. · .'. - ' .."..-...'. :'- .~).De,~fptfo, oft~o~os~d Proj,ot: ' ~"t~ e "~ perauont.s). ~o.ea. tea ~o. l.eet ol the oounoary oI the .proposed project. (Information may be ayailable through . ~he To~vfi..Assessors Officc~ Town. Hall 16eatioh.'(76~-1937) or from any ·public computer at .the Towfi l-Iall ' . . loeation~ n e eel numb~oa the To:a~i of So o eft x em.' - (Pleas.e. uso back s~d~ 0fp~ge if more than'six prop~ty O~a~ea~ am kten~ified.)' .. . ..- Thelo. taumbea-gmax.b~ob.tain~, mgdVaaee, wh~r~lue~tedfromeiiher.th6Officeof~pi~nthgB~-a} TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ Approved 20__ Disapproved a/c Expiration~ ,20 PERMIT NO. RECEIVED BOARD OF APPEALS BUILDING PERMIT APPLICATION CHECKLISI 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. Trastees Flood Permit Storm~Water Assessment Form Contact: .~T'~'e..na Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date 0C[ol~o- ]'L ,207~ INSTRUCTIONS a. This application MUST be completely filled in by typeWri{er or in ink and submitte~l tO the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location ~sf 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 of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have beer enacted in the interim, the Building Inspector may authoriie, 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 of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signaturer~'~plicant or name, if a corporation) (Mailing address of a~pIicant) ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises Zt t~.~t~ ~]l I [ (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. I. Location of land on which proposed work will be done: House Number Street County Tax Map No. I000 Section /It Subdivision Hamlet BlOck 11 Filed Map No. Lot Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed co a. Existing use and occupancy ~£ ~ pc ~o 'r't ~- t_ -. ( ~ b. Intended use and occupancy ~OA~D OFAPoea.~ ' 3. Nature of work (check which applicable): New Building Repair Removal Estimated Cost ~ 17, 00o If dwelling, number of dwelling units If garage,- number of cars Dcnnolition Fee Addition Alteration Other Work l~rrr_,,~c_¢a try ~ ~-- ~ '(De'~cription) tOO (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 ~. ~ t Rear Height ,~ ~ Number of Stories ROA"'~Depth 5~.I~ t Rear Number of Stories Rear I o t Depth Dimensions of same structure with alterations or additions: Front Depth Height Dimensions of entire new construction: Front /O ~ Height D.~ Number of Stories 9. Size of lot: Front ~2.'l.,~q Rear ~-I. 10. Date of Purchase ~.q"[t [Og Name of Former Owner 11. Zone or use district in which preuuises are situated g- ~O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~" NO'~ 13. Will lot be re-graded? YES NO A' 14. Names of Owner of premises Name of Architect Name of Contractor tO .. Will excess fill be remOved from premises? YES __ NO [4,11 Address ~o 11o¥ ~,-/_~ arPhoneNo. Address Phone No 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 ora tidal wetland? * YES__ 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 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) SS: COUNTY OF ¢,& ) ' K ~ ev6'~ B;I \ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the /k_rg~¥ (Contractor, 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. Sworn to before me this I~L~ dayof Oc,]i . Si~pplicant Linda Hill 3190 Haywaters Road PO Box 943 Cutchogue, NY II935 631-920-2786 December 7, 2009 Town of Southold Board of Zoning Appeals Town Hall Annex Southold, NY 11971 Re: Application for Variance December 7, 2009 Dear Sirs and Madame's: I hereby appoint my son Mitchel Hill and my Husband Steven Hill to act as my agent with respect to any matters including hearings that way arise with respect to the application for variance that is attached hereto relating to the location of a storage shed in my side yard. Thank you. Sincerely '~SO~RD OF APPEALS 10 10 FLOOE FEAMIN6 ?LAN e~LE: I/~" = rd' ,ummerwooc PRODUCTI Tek 416-498-937911-800-663-5042 Fax: 416-431-2454 www.summerwood.oom design@summerwood.corn PROJECT NAME: IO'X 16' TELLURIDE I..MN'ErES: ANP ~ CE II:~NTII=ID~ I~Y A ~ 5T/d~4P, L,II-,LE55 AXIMLI~ M¢IS~ 6&NTENT ~ AT TIME_ df= IN'ST,~LATt~N DRAWING TITLE: FLOOR FRAMING PLAN CUSTOMER: HILL ORDERID: 33476 DRAWN BY: K.GORING SCALE: AS NOTED BATE: NOV.27,2009 PAGE: 2 OF 10 CHECKED BY: JIM.H APPROVED BY: JOHN.H I FLOOR PLAN  P~OJEOT NAME: GUSTOMER: D~WN BY: K,GORING 5GALE: AS NOTED Tel: 416~98-9379/1-800-663-5042 10' X 16' TELLURIDE HILL DATE: NOV.27,200~ Fax: 416-431-2454 PAGE: 3 OF 10 ~~ www,summe~ood,com DRAWING TITLE: ORDER ID: ~HEOKED BY: JIM,H PRODUCTf design~summe~ood.com FLOORPLAN 33476 ~PPROVEDBY: JOHN.H R. OOF FRAMING PLAN PROJECT NAME: ~ummerwool PRODUCTS Tel: 416-498-9379/1-800-663-5042 Fax: 416-431-2454 www.summerwood.com design@summerwood.com WOOl:) ~ ~LL ~ ~ I~E ~¢']~Y.,E-PINE-R~IR NS'. ~. OR t~..TTEF', ~ ¢J;'I,~LL. ~ IDENTI~IEP DY ^ ~ 6T,N~,P, LI'tE~ k, IENTIC~N EL~E ~ CUSTOMER: DRAWN BY: K.GORtNG 10'X 16' TELLURIDE )RAWING TITLE: ~,OOF FRAMING PLAN HILL ORDERID: 33476 SCALE: AS NOTED DATE: NOV.27,200c, PAGE: ,¢ OF 10 CHECKED BY: JIM.H APPROVED BY: JOHN.H  ~OOff ?LAN ~~O~~ PROJECT NAME: CUSTOMER: DRAWN BY: K.GORING SCALE: AS NOTED Tel: 416-498-9379/1-800-663-5042 lO'X 16' TELLURIDE HILL °ATE: NOV.:27,200~ Fax: 416-431-2454 PAGE: 5 OF 10 Su~[[~J.e www.sumnlerwood.com DRAWING TITLE: ORDER ID: CHECKED BY: JIM.H ""ODUCTS design~summe~ood,com ROOF PLAN 33476 APPROVED BY: JOHN.H 10 RECEIVED ~OA~D OF APPEALS QFRONT ELEVATION )ummel~vooc www.summerwood.oom PRODUC1 design@summerwood.com PROJECT NAME: 10'X 16' TELLURIDE DRAWING TITLE: FRONT ELEVATION CUSTOMER; DRAWN aYi R~BORING HILL ORDERID: 33476 SCALE: AS NOTED DATE: NOV.27,2009 PAGE: 6 OF 10 CHECKED BY: JlM.H APPROVED BY: JOHN.H  LEffT ELEVATION  PROJEOT NAME: OUSTOMER: D~WN BY; K,6ORIN~ 8OALE; AS NOTE~ ~:~-~/~-~o-~-~o~ IO'X 18' TELLURIDE HILL ~: ~o~.~,~ .Fax: 41~31-2~4 PA6E: 7 OF iC 6HECKED BY: JI~.P ~"OOUCTS design~summe~ood.com LEFT ELEVATION 33476 ~..owo.~: ~o,,.~, ~ooDd~ IR, EAR ELEVATION f~l.~: 1/4" = f~' ;ummerwoot PRODUCI rel: 416..498-9379/1-800-663-5042 Fax; 416-431-2454 www.summerwood.com design@summerwood.com PROJECT NAME: lO'X 16' TELLURIDE DRAWING TITLE: REAR ELEVATION CUSTOMER: HILL ORDER ID: 33476 DRAWN BY: K.GORING SCALE: AS NOTEB DATE: NOV.27,200. PAGE: 8 OF 1(3 CHECKED BY: JIM.H APPROVED BY: JOHN.H 10 ~ECE~VED BOARD OF APPEALS I~IG~T ELEVATION ~I.~: I/,¢ = r~" 3ummerwoo( PRODUC1 Tel: 416-498-9379/1-800-663-5042 Fax: 416-431-2454 www.summerwood,com design@summerwood.com PROJECT NAME: IO'X 16' TELLURIDE - DP, AWN BYi K.GORiNE CUSTOMER: DRAWING TITLE: RIGHT ELEVATION HILL ORDER ID: i33476 SCALE: AS NOTE[ DATE: NOV.27,200! PAGE: 9 OF lC CHECKED BY: JIM.F APPROVED BY: JOHN.F rI~AId-ANE T~ ~ F_XJd ~ILIN~ (SI~ A-55 ~ (F~ DY ~) ~ w/$- r' tNLTS (~ BUILDING SECTION ~ PROJECT NAME: ~ TeI:416-498-9379,1-8~-~-~D~ 10'X 16' TELLURIDE '~i~l~ Fax'. 416-431-2454 . ~-~111'~I1~1 ~:~¥'~T~r~'~4 www.summerwood.com DRAWING TITLE. ,Jl.~.l.l,l-I.l..I.~,., e., ¥,OL,~U~.~:TL.~S design@summerwood.com BUILDING SECTION CUSTOMER: HILL ORDERID: 33476 DRAWN BY: K,GORING SCALE: AS NOTED DATE: NOV.27,200~, PAGE: 10 OF 10 CHECKED BY: JIM.H APPROVED BY: ,JOHN.H BOARD OF APPEALS ~ ~ ~1~ FOUNDATION ~N ¢ PROJECT NAME: CUSTOMER: D~WN BY: K, GORING  SCALE: AS NOTED ~ . : Fax: 4 ~ ~43 ~-24fi4 PAGe: ~ OF ~ 0 CHECKED BY: JIM.H PRODI,CTSdesign~summe~ood.com FOUNDATION PLAN 33476 A~..ow~ BY: JOHN.H ?PEA'CS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A, Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ~'CE'I~D, * ~ 3~ / ZONING BOARD OF APPEALS" .... TOWN OF SOUTHOLD 8o=- ^~E. CFJVED 4-- Tel. (631) 765-1809' Fax (631)765.9064 ~(O--,n OF 4pp~..D" .,~ al APR21 21108 MEETING OF APRIL 10, 2008 South(old ~wn Cler$ ZB # 6137: Application of JSC RESOURCES Property Location: 3190 Haywaters Road, Cutchogue CTM 111-11-13 SEQRA DECLARATION: 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. PROPERTY FACTS/DESCRIPTION: The applicant's lot consists of a combined lot area of 39,045 square feet (combined Lots 411 and 412 on a 1926 Map of Nassau Point Club Properties, Inc., with 322.09 feet along the easterly lot line along Haywaters Road, 156.00 feet along the northerly side line, 321.46 feet along the westerly rear line, and 88.07 feet along the southerly side line. The premises is improved with 1½ story, single family dwelling, accessory frame garage, and (as-built) in-ground swimming pool, as shown on survey prepared by Nathan Taft Corwin II, Land Surveyor, dated September 14, 2004, revised January 29, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-15, based on the Building Inspector's February 11, 2008 Notice of Disapproval concerning an as-built accessory swimming pool situated in a side yard rather than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 27, 2008, 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: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance under Section 280-115 concerning the existing, or as-built location of a swimming pool in a yard other than the code-required rear yard. The pool is situated at the south side of the dwelling with a setback of 31 feet from the westerly rear lot line and 53.6 feet from the front lot line adjacent Page 2- April 10, 2008 ZBA #6137 - JSC Resources CTM 111-11-13 to Haywaters Road, as shown on the January 29, 2008 survey prepared by Nathan Taft Corwin III. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The in- ground pool is at the top of a steep bank and not visible from the road. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant (a swimming pool) could not be achieved by any feasible method other than an area variance. Owing the shape of the lot, the side yard is the only available yard for a pool, The depth of the lot ranges from 88 to 156 feet, and there is a steep bank on the property. The lot is 322 feet wide, but the house is only fifty (50) feet from the rear boundary at its closest point. 3. Town Law §267-b(3)(b)(3). The variance sought is not substantial, given the configuration of the house and property. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The pool was created at the same time as the house, and is a result of the applicant's failure to notice that a separate building permit for the pool had not been issued when receiving the building permit that was issued for the house. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy an accessory swimming pool, 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 Simon, Page 3 - April 10, 2008 ZBA #6137 - JSC Resources CTM 111-11-13 8OARD OF APPEALS seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the survey revised January 29, 2008 by Nathan Taft Corwin III, L.S. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or 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 Goehring~r-~:q~airman), Simon and Weisman. Member Dinizio and Member Oliva were a~~~-'~//y~dop/~d (3-0-2). /.~ef~rd P. ~'oehringer, ..... Chail'' "- 'P' '~ c ~ 4//4 72008 ~" Approved for Filing TOWN OF SOUTHOLD PROPERTY RECORD CARD Y(~-~ /:/'a OWNE~ STREET~_~/~?(~ VILLAGE DIST, SUB. ~'/ LOT ~/~/// FO~E~ ~NER N / E ~~.~rd~ +.~'S W WPE Of BUILDING ~ ~,~ .ES.~M~ s~s. w. ? ~ co~. c~. ~sc. ~k,.W~,~ / / ,~0o.~ ,~oo~ ~e>~cc~'°~/,l~-~,~~e~~ /~ ~ ~ ~,, ~,~ N~ NOeL BELOW ABOVE I~ J~J~ ~r~ .~2~ caba. n~ /k,f ~u~ , FA~ Acre Value Per Value ' - ' A~ ~ ~ ~// ~ ~ ~ 'illaBe I ~ ~ / ~ ~ ~ 'i,~ 2 ~//~ illable 3 /~ ~ ,~= ~K~ ~ wampland FRONTAGE ON WATER ~ ~ rutland FRONTAGE ON ROAD ~ ~ ~mo ~ ./~ louse Plot DEPTH ~ ~ BULKH~D oral DOCK Extension Extension Extension Breezeway Garage patio Total 111.-11-13 2/06 Foundation Barf1 ~osement Walls nterior Finish Fire Place Heat Type Roof ~.-~/:/~, Rooms 1st Floor :reation Rooms 2nd Ftoo~ Driveway ~0o 111.-11-13 2/06 ~ .F~'ten$)on Dosement '~// Floors ~ F re PIoce :;;Z" Heot DR. __=nsmon , Type Roof Ddlr Rooms l st Floor BR. ._~ ~ ~ ~ Recreotion Roo~ Rooms 2nd Floo~ FIN. Breezewoy Drmvewoy ~ ~- COLOR TRIM 1st 2nd M. Bldg. ~ XI,F=~_~__,_~_~_ ~,o'~'O /~ Foundation CB Fin. B. Bath Dinette FULL COMBO /~ .;I "- 336( - Basement CRAWL PARTIAL Floors Kit. Extension ,~, ~ = I ~ ') .... SLAB .... Extension iEZ,)t"~'~; ~'~j Ext Walls Interior Finish LR. Extension :~~/~."~,.~ ~2.,~{~ ~;~///.~ FirePlace Heat D.R ~ / ~ J~ ~ .......... Woodstove BR r o~ k Dormer Baths Porch ~( ~ : ~ ~ 7 . ~ Garage Pool 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 southoldt own.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 15, 2009 Zoning Appeal No. 6364 Transmitted herewith is Zoning Appeals No. 6364 of Mitchel & Steven Hill - the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Agricultural Data Statement, Application for Building Department Dated October 12, 2009, Notice of Disapproval from Building Department Dated December 1, 2009, Authorization Letter from Linda Hill to Mitchel & Stcven Hill to Represent them in this Matter, Copy of Zoning Board of Appeal Findings & Determinations Dated April 10, 2008, 3 Pages Copy of Property Record Card, 3 Pages of Photos, 10 Pages of Plans Showing Floor Plans & Elevations Dated November 27, 2009 Prepared by K. Goring, Copy of Survey Showing Existing & Proposed Construction Dated November 18, 2009 Prepared by Nathan Taft Corwin III Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 12/15/09 * * * RECEIPT * * * Receipt~: 62659 Transaction(s): I 1 Application Fees Reference Subtotal 6364 $150.00 Check#: 2001 Total Paid: $150.00 Name: Clerk ID: Hill, Steven 3190 Haywaters Road Po Box 943 Cutcho~ue. NY 11935 CAROLH Internal ID: 6364 9742 STATE OF NEVV 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, publishe¢ at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I weel<(s), successively, commencing on the 6t~ day of Ma,/, 2010. / Principal Clerk Sworn to before me this 2010. Office Location: Town Annex/Ftrst 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, MARCH 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, Southoid, New York 11971-0959, on THURSDAY, MARCH 25, 2010: 12:00 P.M. LINDA HILL #6364. Request for variance from Code Section 280- 15, based on an application for building permit and the Building Inspector's December 1, 2009 Notice of Disapproval concerning accessory shed, 1) location of accessory shed in the side yard rather than code required rear yard at 3190 Haywaters Rd., Cutchogue NY. CTM#: 111.11.'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 email: Vicki.Toth~.Town. Southold.n¥.us. Dated: March 2, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 ! week(s), successively, commencing on the 11th day °f March' 2010' Principal Clerk o Sworn to before me this 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 February 25, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, March 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 March 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 mailinR 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 durin,q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than March 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 March tTst: 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 Postinf:l for receipt by our office before March 23, 2010. 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of '/J/U_- (Name of Applicanls) CTM. Parcel #1000- j[{ ~1 - , mx X RECEIVED ,,~.ARD OF APPEALS AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) J residing ~,f/t-r..~ p~ ~ , New York, being duly swom, 'depose and say that: Onthe ~"~' dayof ~/~-~" 2~2~.° ~ , , I personally mailed at the United: States'Post Qffice in ~.~,~ ,~i~..- , New York, by CERTIFIED MALE, RE. TURN RECEIPT REQUESTED, a true copy of the' attached Legal Notice in prepaid: envelopes addressed to current owners shown on the current asseSsment.toll verified fr~m the official records on file with the (2~'Asse~sors, or ( ) County Real Propert~ 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 propert,~/~ / / -~gignature) Sworn to b;efore me this c.~'~' day of ~ ;*. ' (Notary Pub ic) ALICIA WALKER Neta~ Public State of New Yor~ .~; _'c. _n!~A6t53064 Qualified i~ Suffolk I~ounty CemmiSSma Ex,res Sept. 25. · PLEASE list, on the back of this Affidavit or on.a sheet of paper, the (~t numbers next to the owner names and addresses for 'which notices were mailed. Thank you. nj $5.54 03A16/2010 Ci~ State, ZIP+4 ........................... ~5,54 USE Postage Certified Fee Return Receipt Fee (Eedorsement Required) TO~I P~ge & Fees m U S E Postage Certified Fee Return Receipt Fee (Endorsement Required) $ S0.44 $2.80 $2.30 $5.51 Postage $ $2.80 (Endorsement R, Restricted Delivery Fee (Endorsement Required) Total Postage & Fees USE ~ F Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deflvery Fee (Endorsement Required) Total Postage & Fees orPO ~o~ ~o. '~t>~ · Cemplete Items 1,2, and 3. AJso complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. /~ticleAddmssed to: D. Is dallve~ If YES, enter delivery address below: [] Certified Mall [] Reglstwdd [] Insured Mall 4. Restr~ted Dallvew? ~ F~e) 2. /~ale Number ?~m'~r,~,~n,,~,~ 7006 2150 0004 2219 0007 P~ Form 3811, February 2004 Demeel~ Retum Receipt [] No ,~' {~em"4 If ~cted Deliv~y is deslredd r ~ ~ · Print your name and address on the reverse so that we can return the card to you. Signature [] F-~pm~s Mall [] FZetum Receipt for Merchendise ~ ~ ~o []C.O.D. ~ y~~ { I-I I-I~ · Attach this card to the bank of the mailpiece, ~; ,~,_ or onflle front if space permits. ~ ~-- D. Isdaliveryaddre~sdiffem~fromiteml? -lyes , _ ' ff YES, enter dalivery address below: [] No ,~ ~,r~j [] Registered [] Return Receipt for Merchandise ~/ ,;~jv I [] Insured Mail [] C.O.D. 'tr~'ta~ms~v/c~ta~_ 006 2150 0004 2219 4739 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the bask of the mailpieca, or on the front if spece permits. 1. Article Addressed to: [] Agent [] Addressee t address different from k'em 1 ? ~YES. enter deliver/address below: [] No r-I Certified Mall [] Express Mail 4. Restricted Dallvery? (Ex~ra F6e) [] Yes 2. A?daleNumber 7006 2150 0004 2218 9971 PS Form 3811, ~ 2004 Domestio Return Receipt 1~esa~-Mq540 · Complete items 1, 2, and 3. Alan complete item 4 if Resthcted Delivery is desired. · P~nt your name and address on the mveme so that we can retum the card to you. · Attach this ~ to the back of the mailpisoe, or on the froflt if space pam31ts. B. Received t D. is d~live~y eddress different from ifern 1 ? Yes If YES, enter dailv ,~ address below: r-i No 3. Sawice Type [] Certffidd Mall [] Express Mall [] Registered [] Return Receipt for Men~ [] Insured Mail [] C.O.D. 4. Re~flcted Delivery? (Extra Fee) [] Ye 7006 2150 0004 2218 9964 PS Form 3811, February 2004 Domestic Return R~ceipt · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delive~J Is desired. · Print your name and address on the reverse so that we can return tha card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article.Addressed to: D. Is delivery if YES, enter delkq~y address below:. 3. Se~vfl3e Type [] Ce~ffied Mall [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. ReetHctdd Delivery? (E,x~ra F~e) r-I Yes 2. Axticle Number (Transfer from s~¥/ce. 7006 2150 0004 2218 9988 PS Form 3811, February 2004 Domestic Retum R~ceipt 102595-02-M-1640 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~icle Addressed to: [] Agent [] Addressee 'printed Name) C. Date of Delive~ D. Is delivery [] Yes If YES, [] No [] Certified M-4 [] Registered [] Insured Mail []C.O.D. 4. Restricted Delivm~? ~ Fee). [] yes 2. /~ticle Number (Transfer from service 7006 2150 0004 2218 9995 PS Form 381 1, February 2004 Dome~c Retum Re(~pt 102595~2-M-1540 i Steven Hill PO Box 943 Cutchogue, NY 11935 631-920-2786 Cell 516-984-5522 March 6, 2010 Board of Zoning Appeals Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Hearing March 25, Property:l 11-11-13 Dear Sirs: I am enclosing herewith Affidavit of Mailing (including certified mail receipts) and Affidavit of Sign Posting relative to the above referenced hearing. Yours truly, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK hi the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING ~C4 i,~ ~,~l-g~4 ~tl$I residingat-3'/~O ~.¥tq~4rff-~- ~o~x) .,L .4T~ o~,,~, , New York, being dui5, sworn, depose and say that: On the (v day of k/b~C,~ ,~2~, i personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster bas remained in place for seven days prior to tl~at date of the subject hear/ng date, which hearing date was shown to be Sworn to before me this Lg'~' day of~, (Notary Public) AUCIA WALleR Nota~ Public, State of New Yor~ No. 01WA6153064 Qualified in Suflo[~ County CoAlmission Expires Sept. 25, 't~ ..~ __ near the entrance or thive~aY entremce of my prc4~ezly, as the areaamst-visible to passersby. Steven Hill PO Box 943 Cutchogue, NY 11935 631-920-2786 Cell 516-984-5522 ~OA~D OF APPEALS March 19, 2010 Board of Zoning Appeals Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Hearing March 25, Property: l 11-11-13 Dear Sirs: 1 am enclosing herewith signed certified mail receipts from all six of the abutting property owners relative to the above referenced hearing. Yours truly, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HILL, LINDA # 6364 MAP #: 1 000-111 - 11 - 1 3 VARIANCE: YARD LOCATION REQUEST: ACCESSORY SHED DATE: THURS, MARCH 25, 2010 12 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 Joanne Courtien 51 Bay Way Ave Bay Shore, NY 11706 April 6, 2010 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southhold 53095 Main Road P.O. Box 1179 Southhold, NY11791 Dear Chairperson Weisman: On March 25th I appeared before the Board to contest Linda Hill's request (#634) for a variance from Code Section 280-15. Since that time, my husband and I have met with Mr. Hill to discuss an alternate location for his shed. Based upon the new site selected for the shed (on a new survey provided by Mr. Hill) we withdraw our opposition to the project. In addition, Mr. Hill offered to set up a meeting between us and his landscaper to discuss options for screening our view of his pool mechanical equipment and shed. Thank you for your assistance in this matter. Sincerely, Joanne Courtien Town of Southold Zoning Board of Appeals 54375 Route 25 P.O. Box 1179 Southold, N.Y. 11971 Cornelius &Carol McShane 3295 Haywaters Road Cutehogue, N.Y. 11935 RECE~'VED 8OARD OF APPEALS; RE: Proposed Shed Linch and Steven Hill 3190 I-Iaywaters Rd. Cutchogue, N.Y. 11935 Dear Sir: It is my understanding that you will continue your public hearing on the subject application at the May 20,2010 meeting. Mr. Hill has advised me oftbe relocation of the proposed shed as shown on the updated survey April 7, 2010 placing the shed 39.4' setback from the street at the front setback line. (See enclosed survey) We have no objection to the proposed location and consider it very important that the shed be behind the setback line as is the other buildings on the site in keeping with the entire neighborhood. The northwest comer of our property is directly in front of the proposed shed. h ou oryo =.on. Yours very truly, Cornelius and Carol McShane FAXED TO 631-765-9064 AND MAILED MAY 1 3 BOARD OF APPEALS May ll,2010 Joseph and Ivana Rizzo 3195 Haywaters Road Cutchogue, NY 11935 Town of Southold Zoning Board of Appeals 54375 Route 25 PO Box 1179 Southold, NY 11971 Proposed Shed Linda and Steven Hill 3190 Haywaters Road Cutchogue, NY 11935 Dear Sir, It is our understanding that a public hearing on the subject application will be held at the May 20, 2010 meeting. Mr. Hill has advised us and our neighbors, Cornelius and Carol McShane at 3295 Haywaters Road, Cutchogue, New York 11935, of the relocation of the proposed shed as shown on the updated survey dated April 7, 2010, placing the shed 39.4 feet from the street at the front setback line (see enclosed survey). We have no objection to the proposed location and consider it very important that the shed be behind the setback line as are the other buildings on the site in keeping with the entire neighborhood. Take note that the entire width of our property is directly across 3190 Haywaters Road. Thank you for your attention. Very truly ;gours, ff Joseph and Ivana Rizzo May 17, 2010 Leslie Kanes Weisman Chairperson Zoning Board of Appeals Town of Southold 53095 Main Road Southold, N.Y. 11971 RECEIVED MAY 1 820~0 BOARD OF APPEALS Re: Linda Hill #6364 Dear Ms. Weisman, On March 25th, I appeared before the board to request a denial of the above request for a variance. On April 9th, after meeting with Mr. Hill I submitted a letter withdrawing the request. That withdrawal was based on the new proposed location of the structure further to the southeast comer of the property. Because of the subsequent move of the structure back closer to the original location as well as previously undisclosed information related to the height of the structure (13 feet at roof peak), we would like this letter to supersede to letter of April 9th. In an ideal world, we would prefer there not be a structure added to this area of the property. That being said, we are willing to work with Mr. Hill to make the situation tolerable. My husband John met with Mr. Hill and his landscaper to discuss possible trees that could be used to screen the structure so as to make it less visible from our deck. During that meeting they discussed several potential shrubs that possess the necessary height to provide the desired screening. Among these are Arborvitae, Holly, Hemlock and Skip Laurel, if of adequate height. In addition, if the landscaper believes it necessary to limb up some of the trees on our property in order to provide adequate sunlight, we would be amendable. Finally, Mr. Hill previously agreed to add landscaping to screen the fence currently being used to enclose the pool mechanical equipment. It is our position, that if Mr. Hill agrees to comply with the above conditions, we will withdraw our opposition to the variance. Thank you for your time and consideration. Please accept our apologies for not attending in person. We are on our way to our daughter's college graduation. Sincerely, Joanne & John Courtien Local address: 3300 Haywaters Road Cutchogue, NY Mailing address: 51 Bay Way Ave Bay Shore, NY 11706 Steven Hill PO Box 943 Cutchogue, NY 11935 631-920-2786 Cell 516-984-5522 R£CEZVED BOARD OF APPEALS April 9, 2010 Leslie Kanes Weisman, Chairperson Board of Zoning Appeals Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Hearing March 25, Property: 1 l 1-11-13 Dear Ms. Weisman; I appeared at the above referenced hearing representing my wife in the matter. At that hearing, there was a general agreement of approval of our project as expressed by various members of the Board. During the period of public comment, our neighbors, the Courtien's spoke in opposition of.the project stating concerns relating to landscaping around my pool equipment and the location of the storage shed. I have since met with the Courtiens and resolved our differences concerning the landscaping and the location of the shed. Mrs. Courtien has written a letter to you confirming our agreement and I have enclosed a copy for your reference. I am delivering herewith seven original surveys showing the new location of the shed as well as the pool equipment. I have not enclosed the letter requested at the hearing from our landscaper as we have come to an agreement as to what to plant as screening. Based upon the agreement of the parties delivery of the survey, is it possible to have the matter which was continued to the May calendar reconsidered at the April 22, 2010 meeting? The reason for the request is to enable me to have use of the shed during this summer as it will take roughly 60 days from approval to erect the building. Thank you for your consideration. Yours truly, 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 June 11, 2010 Steven Hill P.O. Box 943 Cutchogue, NY 11935 Re: ZBA # 6364, Linda Hill Dear Mr. Hill: Transmitted for your records is a copy of the Board's June 10, 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 call the office. SincerelcY~ , Vicki Toth Encl. FROM ~ McShane PHONE NO. : 516 734 5 MAY. 07 2010 08~53AM P2 ~ Taf~ Corw~: I LOTS 411 & 412 N'ASSAlf POI"N'T C[,UI:J PROPEl:FI'IRS, IN'C. NA~F~AU POiXT Natttan Tiler Corwln [] Land Surveyor q i NOT[CE ~ COUNTY OF SUFFOLK (~) I .,-,..,-,,~-.,,-~ ~" I,~.~Reol Property Tax Service Agency 76°55'50" ~0T ~ 20' 30' 2O fie LoT (~ POOL HOUSE SEPTIC SYSTEM TIE DISTANCES COVER SEPTIC TANK OUTLET COVER CESSPOOL COVER POOL HOUSE CORNER"A" 39' 48' POOL HOUSE CORNER"B" 35' SURVEY OF LOTS 411 & 412 MAP OF NASSAU POINT CLUB PROPERTIES, SECTION D FILE No, 806 FILED MAY 7, 1926 SITUA TED A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-111~-11-13 SCALE 1":20' SEPTEMBER 14, 2004 SEPTEMBER 20, 200z- SDRVEY JUNE 8, 2005 REVISED PROP SEPTIC SYSTEM LOCATION DECEMBER 27, 2005 FINAL SURVEY JANUARY 29, 2008 UPDATE SURVEY AUGUST 16, 2008 UPDATE SURVEY SEPTEMBER 24, 2008 REVISE PROP HOT TUB LOCATION OCTOBER 12, 2008 REVISED AS PER S,O,D,H 6, NOTICE DECEMBER 5, 2006 UNDERCONSTRUCT[ON SURVEY JURY 51, 2009 FINAL SURVEY FOB POOL HOUSE OCTOBER 21, 2009 REV[SE NOVEMBER 17, 2009 REVISED POOL HOUSE SEPTIC SYSTEM MEASUREMENTS NOVEMBER 18, 2009 ADD PROPOSED SHED APRE 7, 2010 RELOCATE PROPOSED SHED & LOCATE POOL EQUIPMENT AREA : 39,045 sq. ff. 0,896 INC. Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fax (651)727-1727 TITLE RECEIVED APR 8 2_010 BOARD OF APPEALS PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED By THE LI,ALS AND Al ADOPTED Lic No 50487 S 76'53 30 55.07' CERTIFIED TO: STEVEN HILL LINDA HILL UNITED GENERAL TITLE LIBERTY TITLE AGENCY 4 a'~ INSURANCE COMPANY D~C 0 ? 200,3 ~OAJ~D OF App~4LS 76'55,50`' LOT ~ 156.00' 2 O' 327' WELL LOT ~ LoT ~ POOL HOUSE SEPTIC' SYSTE~ TIE DISTANCES POOL HOUSE POOL HOUSE COVER CORNEr"A" CORNER"B" SEPTIC TANK 39' 55' OUTLET COVER CESSPOOL 48' 16.5' COVER SURVEY OF LOTS 411 & 412 MAP OF NASSAU POINT CLUB PROPERTIES, SECTION D FILE No. 806 FILED MAY 7, 1926 SZTUATED AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1000-111-11-15 SCALE 1':20' SEPTEMBER 14, 2004 SEPTEMBER 20, 2004 SURVEY JUNE 8, 2005 REVISED PROP. SEPTIC SYSTEM LOCATION DECEMBER 27, 2005 FINAL SURVEY JANUARY 29, 2008 UPDATE SURVEY AUGUST 18, 2008 UPDATE SURVEY SEPTEMBER 24, 2008 REVISE PROP, HOT TUB LOCATION OCTOBER 12, 2006 REVISED AS PER S,CD.HS NOTICE DECEMBER 8, 2008 UNDERCONSTRUCTION SURVEY JULY ~1, 200§ FINAL SURVEY FOR POOL HOUSE OCTOBER 21, 2009 REVISE NOVEMBER 17, 2009 REVISED POOL HOUSE SEPTIC SYSTEM MEASUREMENTS NQVEbIBER 16, 2009 ADD PROPOSED SHED AREA = 59,045 sq, ff. 0.896 ac. INC. Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fax (651)727-1727 PREPARED IN ACCORDANCE WITH THE MINI~AUM STANDARDS FOR TITLE SUR~EYS AS ESTABLISHED By THE LIALS AND APPROVED AND ADOPTED N,Y,S LIc No 50467 THE EXiSTENOE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT OUARANTEED, $ ~6 ;8.07, LOT CERTIFIED TO, STEVEN HILL LINDA HILL UNITED GENERAL TITLE LIBERTY TITLE AGENCY INSURANCE COMPANY