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Home My WebLink About6410 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 R£C IYED, MEETING OF OCTOBER 7, 2010 Southold Town Clerk ZBA FILE: # 6410 NAME OF APPLICANT: Ronald A. Pollio PROPERTY LOCATION: 165 Second St., New Suffolk, NY SCTM#1000-117-10-20.5 SEQRA DETERMiNATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails 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 July 28, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. 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 parcel is a nonconforming 6,999 sq. ft. improved lot. It has 70 feet of frontage on Second Street, 100 feet on the south property line, 70 feet on the rear property line and 100 feet along the north property line. As shown on a survey dated 6/1/2010 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variance from Code Sections 280-15 and relief from prior grant #6205, based on an application for building permit and the Building Inspector's May 25, 2010 Notice of Disapproval concerning "as built" accessory shower, at 1) location other than the code required rear yard, 2) relief from Condition #1 of ZBA Grant #6205; at: 165 Second St., New Suffolk, NY SCTM#1000-117-10-20.5. RELIEF REQUESTED: Applicant is requesting that the existing outdoor shower remain at 8 feet from the southern property line in the non-conforming side yard instead of the required rear yard and as conditioned in ZBA Decision #6205.which required relocation to a conforming rear yard in conjunction with an application for an open raised deck with a non-conforming southeasterly side which was granted. ADDITIONAL INFORMATION: A letter was received from a neighbor in support of the application. FiNDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 23, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Page 2 - October 7, 2010 inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 1~267-b(3)(b)(1) Grant of the variance of will not produce an undesirable change in the character of the neighborhood. The subject property is part of a subdivision of several original small cottages on one quarter acre lots in New Suffolk, NY. Many of those lots, including the applicant's, have rear yards that all face on to an open green area without apparent property boundaries. Moving the shower from it's current non-conforming side yard location to the applicant's rear yard would make it highly visible to all the neighboring properties and adversely impact the feeling of open space while also eliminating the privacy that a shower requires Based upon personal site inspections and comments from neighbors, the Board presently feels that the current non-conforming location, of the accessory shower structure in the side yard area will have a positive rather than a detrimental impact on the immediate neighborhood. 2. Town Law §267-b(3)(b)(2) The benefit sought by the applicant, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, and/or relief from a condition previously applied by the ZBA since the proposal is to keep the outdoor shower in a non-conforming side yard.. 3. Town Law §267-b(3)(b)(3) The variance requested is substantial, since the code required location for accessory structures is the rear yard. However, the shower is currently placed in an unobtrusive location and is well screened, and its location is most beneficial for adjoining neighbors 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that the granting of this variance will have an adverse impact on the physical or environmental conditions in this neighborhood. The shower has been located in the side yard for many years without adverse impacts. 5. Town Law §267-b(3)(b)(5} The difficulty is self-created. The as built shower was placed in its current location by the applicant, however as noted in the letter of support, the non-conforming location is most unobtrusive to the neighbor and the applicant. 6. Town Law §267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of accessory shower structure in a side yard area, 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 Goehringer, seconded by Member Schneider; TO GRANT, RELIEF of CONDITION #1 in the 10/16/2008 Decision of the Board File#6205, and to; GRANT, the variance as applied for, and shown on the survey dated 6/1/2010 prepared by John C. Ehlers, LS. Subject to the following Conditions: 1.Accessory Shower Structure may not be altered in any way. 2.Existing screening must be continuously maintained adjacent to this structure. 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, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 - October 7, 20[ 0 Vote of the Board: Ayes: Members Weisman (Chairpersonj, Goehringer, Dinizio, Schneider. (MemberHorningbytelephone, novotingrights) ThisResolutionwasdulyadopted(4-O). Lesi~e Kanes Wetsman, Chatrperson ~ Approved for Filin¢ //5/2010 REC£1VI~D OCT I 2 2010 5¢JRVS'r' OF: TO .- rmOL JACKSON ~II=t=OL.t< CCxlN'r'r', Iq'( 5URMEYED: 06-25-200b UP[~AT5: O6-OI-2OIO 5:UFFOLK C. OUNTY TAX # IOOO - II-i' - IO - 20..5 S85°37'00"E 100.00' N85°37'00"W 100.00' 4q 5 ' ~ECEIVED BOARD OF APPEALS NO'1'55: · MONUMENT POUN[2 Ar-oo = 6,qqq ~3. F. Arco = 0.160-1 Acre~ ®RAPHIC. c'~C. ALE I"= .~,O' p( 6 EAST MAIN STREET RIVERHEAD. N.Y. 11901 '~J.'¥r.s. LI('. NO. 50202 REF.~;l~t-)duql~d~l~ ~(lO~gs\()wnerXMy Documents~ly Dropbox\0;s\08\08-159.pro DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED AUG 2 2010 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 28, 2010 Town of Southold ZBA PO Box l 179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 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 Pollio, Ronald Campo, Anthony Dowling, Thomas & Maureen Stefanides, Stephanos Bellero, Michael & Renee #6410 #6411 #6412 #6413 #6414 TRK:ds 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) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPiER (631) 8534044 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 25, 2010 RECE~/ED BOARD OF APPEALS TO: Ronald Pollio 1461 Franklin Avenue Garden City, New York 11530 Please take notice that your application dated May 7, 2010 For a permit for an "as built" accessory shower at Location of property: 165 Second St., New Suffolk, NY County Tax Map No. 1000 - Section 117 Block 10 Lot 20.5 Is returned herewith and disapproved on the following grounds: The "as built" accessory shower is not permitted pursuant to ZBA decision #6205 condition #1 Relocation of the existing outdoor shower to a conforming location. Article III, 280-15 states: "In the case AC District & Low Density Residential R80, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subiect to ..." The "as built" outdoor shower is located in the side yard. Authorized Signature APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECEZVED 1 HouseNo. i6~-Street 5~C~/0 ~T~i~'UHamlet SCTM 1000 Section lit'/ Block06 10Lot(s).(~0' 00~ Lot Size ~)~]~}(~ Zone__ 1 (WE) APPEAL T,,HE WRITTEN DETERMINATION OF THE BUILDIN~ INSPECTOR DATED .~'. ~7.,.%. I 0 BASED ON SURVEY/SITE PLAN DATED ~- c~ ~-. O ~ . applicant(s)/Owner(s): Mailing Address: Telephone: ~[~ 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: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to, from the above names: }~Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~.Z~- 0 ~ and DENIED AN APPLICATION DATED ~ OR'. { ~ FOR: ( ) Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use 0~) Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code3 Article: ~ Section: o~'t~ l~'~ Subsection: Type of Appeal. Au Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ~¢has, (a2 has not been made at any time with respect to this property, UNDER Appeal No(s).-i~' ~;~ Year(s). _. (Please be sure to research before comple, ing this question or ~ll our q£fice for assistance) REASONS FOR APPEAL {additiomd dwets mm' be used with preparer's .¥ignatm'e): RECEIVED AREA 1 71RI4NCE REASONS: BOARD OF APPEALs (1) An undesirable change ~ill no~ he produced in the CIIARACTER nf the neighb hood or a (~triment to nearby properties if granted, because: ~7iq~q00~O~ $~ ~ (2) the henefil sought by :t~e applicant CANNOT be achieved by some method fca de for the applicaut to pursue, other than all area variance, because: (3) The amouut of relief reqm stcd is not substautial because: (4) The variance will NOT have au adverse eflkcl or impact on the physical om' environmen iu the neighborhood or distric because: ~ Q) ~) ~ . orcu . e Ch',/ conditions (5) Ilas the a ege( d ~'Ult~r been self-created? ( ~es, or ( )No, Are there ( ore m ~ls: ~ d Res~ 'ictiolls coneerning this hand: This is the MINIML:M that [, necessar3 and adeqnate, and at the same lime preserve a~ )rolect the character of [he neighborhoo~ and {l~e health, s d~ty, and ~elfare of the communily. Check this box ( ) IF ,! [ E I~IRI, IN£'E IS BEI.NG REQUESTED, AND PLE tSl? C03 ] 1,1(ftE[ [,,~E I ;~I?I'IYt'E ItEET: (Please be,~ure t Signature o~ppella~t o~uthorized Age~ TIlE Mm~ Beth ForJrowldd Notary Pul~lc, 8tare of New York No. 01F06095746 Qualified in Nassau County Commission Expire8 July 21,2011 Application by' Office Notes: Page 3 Assigned Application No. '1( RECEIVED BOARD OF APPEALS Part B: REASONS FOR USE VARIANCE if requestedl: For Each and Every Permitted Use ur erthe Zoning Regulations for the Particular District ' here the Project is Located (please consL your attorney before completing): 1. Applicant cannot realize areas zoning regulations for the particulc competent financial evidence. The (describe on a separate sheet). ~able return for each and every permitted use ul er the district where the property is located, demonstr ed by pplicant CANNOT realize a REASONABLE RETURN I:: :ause: 2. The alleged hardship relating to ~ ,~ property is unique because: 'l-g~: 3. The alleged hardship does not c gly to a substanlial portion of the district or neigh rhood 4. The request will not alter the esse al character of the neighborhood because: 5. The alleged hardship has not be~ self-creaTed because: ~¢~ ~ 6. This is the minimum relief neces :fy, while at the same time preserving and prate( ~g the character of the neighborhood, an ~he health, safety and welfare of the community~ Please explain on a separate sheet if necessa~ N~ ~ ~ ~ ~ 7. The spirit of the ordinance wilt E observed, pubJJc safety and welfare wJJJ be secur ~, and substantial justice will be done bec~ se: (PJease explain on a separate sheet it necessary.) ( ) Check fhis box and compJ e PART A, Questions on p~evious page to app AREA VARIANCE STANDARDS. (Please c~ sulf your affomey.) Otherwise, please procee( o s~nature and notary area below. Sworn to before me this (Agent must submit Authorization from Owner) No. 01FO6095746 QueJified in Nassau County Commission Expires July 21, 2011 AppHcant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~'~O~O Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): ~[~ Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished grotmd to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above g~ound) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) ~/4 (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 square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: ! VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002;2/2005;1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RECEZVED BOARD OF APPEALs Is the st~t premises listed on the real estate market for sale? Des Ilqo Are there any proposals to change or alter land contours? [~No [~Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: replace and expand exisOnq deck. 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 residential and proposed use same, with exisOng outdoor shower (ex~fiples: existil~ Ale-family; proposed: same with garage or pool, or other description.) Aut[oi'i~d Signature a"fid Date 2/05;1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town o1~'~ OF AppEALS 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: Pollio, Ronald A. (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.) Variance Special Exception If "Other", name the activity: Change of Zone [ J Approval of Plat / I Exemption from Plat or Official Map I J Other L I Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YEs l I sol ¥ ] 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); [ I 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 21~a~ J~, ,~ ~ Signature: .~-~....~,~ ~l'~,~_~0' ~ Print Name:~. PoIlio ~ Ronald A. Pollio 1461 Franklin Avenue Garden City, New York 11530 516-742-3494 RECEIVED BOARD OF APPEALS June 25, 2010 Town of Southold Building Department Town Hall Annex Building P.O. Box 1179 Southold, New York, 11971 Re~ Application for Variance for Outdoor Shower Property: 165 Second Street, New Suffolk, NY 11956 Owner : Ronald A. Pollio Dear Ladies and Gentlemen: I have enclosed a Variance Application so that an existing accessory structure in side yard - an outdoor shower can remain where it is currently located. The outdoor shower's location is in the most inconspicuous and least intrusive location on my property. I have attached eight (8) sets of the following items for your consideration: 1. Variance Application 2. ZBA Notice of Disapproval 3. Application for Building Permit 4. Land Survey of Premises 5. All prior variances (3) 6. Check for $150.00 7. Project Description/Questionnaire and Pictures 8. Transactional Disclosure Form 9. Covenants & Restrictions 10. Town Property Card Please take note that each of my adjoining neighbors have indicated their support for the approval of this Variance Application by signing below. I am hopeful that, this Variance Application will be given your kind consideration and approval. Thomas M. Martin h Brophy -- Robin P. Ennis 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. Building Inspector BUILDING PERMOPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Cheek Septic Form Flood Permit RECEIVED Phone: BOARD OF APPEALS --ROR'AEO . POLLIO, ESQ 1461 FRANKLIN AVENUE GARDEN CITY, NY 1153C APPLICATION FOR BUILDING PERMIT INSTRUCTIONS :ompletely filled in by typewriter or in ink and submii~ed to the Building Inspector with 4 lc. Fee according to schedule. of lot and of buildings on premises, relationship to adjoining premises or public slzeets or 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 ~om 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 HEKEBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Buii~ spectors on premises and in bt MAY - 7 2010 BLDG. DEPT. Suffolk County, New York, and other applicable Laws, Ordinances or or alterations or for removal or demolitign as herein described. The ordinances, ~uildin? code, housing code, a~l~ regulation~ang[dp admit (Si~amre {ff applicant or name, if a corporation) glOiaib, &a C&LiO, E$O TOWN OF SOUTHOLD State whether annlicant is owner lessee aoent architect en ineer ener tr 1.461 FRANKLINAYENUE ...... g ,g acon a fll3 ;hXu 3C Name of owner of premises ~OJ~i~ A', PO{~iO (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. 1. Loc~at~.~ land on wh~s~_ork ~~ House Number Street County Tax Map No. 1000 Section Subdivision Hamlet ir-/ mock ~[0 Lot 0~0" {~'~0 ~1~ Filed Map No. Lot ...., 2. State existing use and occupancy of premises and in.tended, use and occuvancy o f proPosed coastmctionBOARD OF a. Existing use and occupancy ' - ~iatla b. Intended use and occupancy ~C~p~ 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Descnptmn) 4. Estimated Cost ~,~ Fee ~/ (To be paid on filing this application) 5. If dwelling, number of dwelling ~its ~ Number of dwelling units on each floor If 9arago, numbor of oars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7.Di.mensionso.fexistingstructures, ifany:Front ~.~.~ Rear .~,,~ Depth Height "~'/. t,,~ ~"1~. Number of Stories J Dimensions ofsamestructurewithalterationsoraddJtions: Front 4 ~'~'r Rear 4 Depth l 0 ~t~l'" Height "~ I~'~'~'"~' Number of Stories I' 8, Dimensions of entire new cons~ction: Front Re~ Dep~ Height Number of Stories 9. Size oflot: Front 70 Rear 70 Dep~ /OO 10. Date of Pumhase~Same of Fo~er O~er 11. Zone or use district in which premises m'e situated ~ ~ 12. Does proposed construction violate any zoning law, ordinance or reguiation? YE~ NO 13. W at be re-graded? YES NO ~Will excess fill be ~moved from premises? YE8 NO~ 14. NamesofOwnerofpremises . etliO ho.e o. $16 Name of Architect Address~B~~~ Name of Contractor Address ~~~ 15. a. Is this prope~ within 100 feet of a tidal wetland or a fresh~h~Mq~, ,~,, ~ kilO_ ~. ~ ~C IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PE~IT~'MAY BE b. Is this prope~ wi~in 300 feet ora till wetland? * YES NO~ · IF YES, D.E.C. PE~ITS MAY BE ~QUIRED. 16. Provide su~ey, to scale, wi~ accurate foundation plan and distances to prope~ lines. 17. If elevation at any point au prope~ is at 10 feet or below, must provide topographical dam on survey. 1* IF YES, PRO,DE A COPy.8' Are there any covenan~ and res~ictions(~~l~with respec~ to this prope~9. * YES STATE OF NEW YO~) CO~TY OF~ ~0~ ~ ~/~O being duly swom, deposes and says that (s)he is the applicant (Name of individual si~ing con~act) above named, (S)He is the 0 (Con,actor, Agent, Co~orate Officer, etc.) of said owner or o~ers, and is duly au~ofized to perform or have perfomed ~e said work and to make and file this application; that all s~tements confined in this application are ~e to the best of his knowledge and belief; and that the work will be perfo~ed in the ma~er set fo~h in ~e application fil~ therewith. Swo~before me this C: ~ ~ . ~ ~, S~te ~ NewYo~ Signature o~pplicant NO. ~1P~5~ ~lffied In N~sau ~u~ ~ ~ ~ ~ A~I~EALS BOARD MEMBERS Gerard E Goehringer. Chairman Ruth D. Oliva .lames Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ~ECE~.~/ED http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. {631) 765-1809 · Fax (631) 765-9064 Mailine Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 . RECEIVED ~oARD OF AppEAI-SNOV' 3 2008 FINDINGS, DELIBERATIONS, AND DETERMINATION ~~.~-~ MEETING HELD OCTOBER 16, 2008 $outho! ' TOWn Clerk ZBA # 6./0.5 - RONALD POLLIO PROPERTY LOCATION: 165 Second Street, New Suffolk CTM 1000-117-10-20.5 SEORA 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 received September 15, 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~ The subject property is a non-conforming 6,999 square foot parcel in the R40 District, measuring 70.00 feet along Second Street to the east, 100.00 feet to the northern boundary, 100.00 feet along the southern boundary, and 70.00 feet along the western boundary. The lot is improved with a single-family dwelling, as shown on the survey by John C. Ehlers, L. S. dated June 25, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's July 18, 2008 Notice of Disapproval concerning a proposed deck addition on a nonconforming 6,999 square foot parcel, which new construction will be less than the code required minimum of 10 feet on a single side yard setback and less than 35 feet on the minimum front yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2008, 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: Page 2 - October 16, 2008 ZBA # 620 $ - Ronald Pollio, Applicant CTM 1000-117-10-20.5 RECEIVED BOARD OF APPEALS RELIEF REQUESTED: The applicant seeks variances for a 12 f~. wide by 24 ft. deep deck addition with a reduced south side setback from 10 feet to 6.5 feet, and a reduction of front yard setback from 35 feet to 9.5 feet. 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 setback variances will not have an adverse environmental effect on the character of the neighborhood or be a detriment to nearby properties. An existing high hedge on the south side of the property will screen the deck from the neighbors property. Increasing the non-conformity in the front yard will add only a 7.4 foot extension of a 36.3 foot east side of the house. 2. Town Law §267-b(3)(b)(2). The benefit of an expanded and renovated house cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Any expansion of the existing deck would require a variance. 3. Town Law §267-b(3)(b)(3). The variance is not substantial. The reduction of the front yard setback applies on. The existing front yard setback will be extended but will not exceed the existing nonconforming setback. 4. Town Law ~267-bf3)(b)(5). The need for a variance was self-created only so far it is a consequence of a decision to extend an existing side deck on a narrow nonconforming lot. 5. Town Law .~267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. Owners of the three adjoining houses have indicated their support of the application. 6. Town Law t267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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, seconded by Member Weisman, and duly carried, to Page,~ - O~+ober 16, 2008 ZBA # 6206 - Ronald Poi]Jo, Applicant CTM 1000-117-10-20.5 RECEIVED BOARD OFAPPEAL$ GRANT the variances as applied for, as shown on Project 0821 Site Map A-l, prepared by Peconic Permit Expediting dated 7-21-08, subject to the following CONDITIONS: 1. Relocation of the existing outdoor shower (to a conforming location), and 2. Retention of the vegetative screening on the south side of the property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation ~rom 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: Weisman. absent. Ayes: Members Oliva (Chairwoman), Dinizio, Simon and This Resolution was duly adopted (4-0). Chairman Goehringer was RUTH D10LIVA, Vice Chairwoman Approved for Filing 10/ To /2008 RECEIVED A~,n~OARD OF APPEALs the appeal .................... o~ the Zeroing Ordinauce an4 the 4ecisio~oI the BulldOg ]nspector( ) be ~ve~ecl ( ) be ~,~ ........ B~30 P.~. (m.~.~.), ,1~.3~' X.~, Xg?~ (!t'l~md~,l~), ~tpen Ro~d t__~,~f_ ~'aokaon 8,b~,eeto Bev 35uffo].~, Bev X'oa, a*f. Z'o~ · Ve~tsnOO zn ~e~mtlston to use extlttn~ damXXtn~ unttm u mz~i~A~ aM separate ~tx, d s.t~*eet. ]'ce paS. d $1~;.00. BEg REV'BP, SE (b) The hardship created (~s) (i~ not) unAque ~ud (would) (would not) be shared by all properties alike in the immediate vicinity o~ this property and In the same use district because 8~ RL'V~ 8'g ZONING BOA~DOFAPPEALS HoA.]o~te l(oVe~mott, Seo~eta~ Southold Town Booed of Appe&l~ F~OARD OF AppEALS Number of pages TORRENS Serial # Certificate # Prior Ct[ # Deed / Mortgage Instrument 4 Deed / Mortgage Tax Stamp FEES Page / Filiug Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) tLP.T.S,A, Comm. of Ed. Affidavit Certified Copy Reg. Copy Oilier 500 Sub Total Sub Total Real Property Tax Service Agency Verification Dist. SectiOn B lock Lot Stamp 04020117 'tO00 .'tVO0 .OO0 02000S Date / p T Satisfactiom ....... ~ ........... · ~,~,, up y RECORD & RETURN TO: Rona~d A. Po~l~o, Esq. Redmond, ~o1!~o 1461 F~nkl~n Avenue Garden C~ty, ~ew York 11530 Recording/Filing Stamps e Aint. 1. BasicTax 2. Additional Tax Sub Total Spec./Assit. 0r Spec./Add. TOT. MTG. TAX Dual Town__ Dual Couuty.__ Held for Apportioumeut __ T,'aus[er Tax ('396(~'''~) oo Tax ~ property covered by this mortgage is or I be improved by a oue or two family .qliug only. YES or NO__ see appropriate tax clause on pa~e # ,£this instrumeut Preservation Fund Amount $ ~ 000 ~ Tax Due $ ~0~ ~ hnproved ~' Vacaut Laad__ TD TD 9 Suffolk Tiffs page [orlils pm't of the attached paul Leafy & Barban~Leary TO Ronald A. Polt~o Title Company Information Title ff Recordin & Endorsement Bargain & Sale Deed made by: (SPECIFY TYPE OF INSTRUMEi'4F ) The premises herein is situated in SUFFOLK COUIqD/, NEW YORK. In the Tovmship of In the VILLAGE or HAMLET o£ Southold New Suffolk BOXES 5 'Il IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FIHNG~ ~CONSULTYOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THiS INSTRUMENT SHOULD BE USED BY LAWYERS DNLY. THIS INDENTURE, made the 23rd day of April ,in the year 2004 BETWEEN Paul ~,. Leafy and Barbara Leafy, his wife, residing at 165 2nd Street, New Suffolk, New York 11956 party of the first part, and Ronald A. Pollio, residing at 16 Franklin Court West, Garden City, New York 11530 party of the second part, WITNESSETH, that the party of the first part, in consideration of Six HunderedTwenty-Five Thousand ($625,000.00) .................. dollars paid by the party of the second part, does hereby grant and release unto the par!y of the second part~ the heirs 0x successors and assigns of the party of the second part forever, ALL that certain plot; piece ow parcel of land, with the buildings and improvements thereon erected;:situate,.!ying and being gX~t at New Suffolk, C~unty of Suffolk and State of New York, bounded and described as follows: "See Schedule A Made A Part Hereof And Attached Hereto" ~EING AND INTENDED TO BE the same premises conveyed to the party of the:first ~art by Deed.da-ted~April 5, 1982 and filed in the Office of the Clerk of the 2ounty of Suffolk, at Liber 9166 Cp227. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described promises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises: TO HAVE AND TO HOLD the promises herein granted unto the party Of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid AND the party of the first part. in compliance with Section 13 of the Lien Law. covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for thO~t_~p~-'gl~y.i~all~tt,~l~e improvement and will apply the same first to the payment of the cost of the impr,o, vement ~o~~i i;tal of the same for any other purpose. The word "party"-shall be construed as if it read par~s~t~&~ev4~Mfl~enture so requ res ' IN WITNESS WHEREOF, the party of the first par~ has duly executed this deed the day and year first above written. IN PRESENCE OF: BARBARA LEARY ~ ~ STATE OF NEWYORK, COUNTY OF Onthe 23 dayof April intheyear 21g07~, before me. the undersigned, personally appeared pen y own to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their ~apacity(ies), and that by his/her/their signature(s) on the mstrumem, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public BARBARA F_ PURCEU. NOTARY PUBLIO, ~tat~ of New No. 0~PU4890208 Qualified IffS~lk'Ooul~/ Oommlsslon ~ires hpfll STATE OF , COUNTY OF On the day of tn the year before me, the undersigned, a Notar~ Public in and for said State, personally appeared · the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who. being by me duly sworn, did depose and sa) that he/she/they reside(s) in /if the place of residence'is in a city include the street and streel nurnbor if any, thereof); that be/she/they know(s) to be the individual described in and who executed the foregoing instrument: that said subscribing witness was present and saw said execute the same: and that said witness at the same time subscribed his/her/their nameIs; as a witness thereto [add the follo'~ ng if the acknowledgment is taken outside NY State] and that said subscribing witness made such appearance before the undersigned in the linsert the city or other political subdivision and the State or country or other place the proof was taken). STATE OF' .On the day of in the year before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/arel subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their capacity(ins), and that by his/her/tbeir signature(si on the instrument, the individual(s), or the person on behalf of which the individual(s) acted, executed the instrument [add the following if the acknowledgment is taken outside NY State) and that said subscribing witness made such appearance before the undersigned in the (in-tithe city or oth~ politicalsuMivision andlhe Stste or counlry or other peace the ~knowledgmcm wa~ taken). STATE OF , COUNTY OF On the day of in the year before me personally came to me known· who. being by me du}y sworn, did depose and say that he resides at thai- he. is the of the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation; that the seal affixed to said instrument ~s such corporate seal; that it was so affixed by order of the board of directors of said corporauon_ and that he signed h name thereto by like orden WITH COVENANT AGAINST GRANTOR'S ACTS TITLE No Paul A. Leary & Barbara Leary TO Ronald A. Pollio 300 EAST 42nd ST., loth' FLOOR * NEWyORK, Ny 10017 (212) 922-0050 Fax (212) 983-1133 SECTION l ~J~ o 00 BLOCK 10o 00 LOT 020. 005 COUNTY OR TOWN Southold STREETADDRESS 165 2nd Street New Suffolk, New York 11956 Recorded at Request of STEWART TITLE® RETURN BY MAIL TO: Redmond, ?ollio & Caso,LLP 1461 Franklin Avenue GArden City, New York 11530 BOARD OF APPEALS First American TJ'tle Insurance Company o£New York Title No. LI-00029126-NYS SCtlEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being at New Snffolk, County of Suffolk and State of New York, bannded and described as follows: BEGINNING at a poiut on tile westerly lille of Second Street, said poiot being 72 feet southerly from the intersection of the westerly line of Second Street and the soutberly lille of Jacksou Street; RUNNING TIIENCE along tile westerly line of Second Street South 5 degrees 05 miuntes West 70 feet to land of Brophy; THENCE along said laud North 85 degrees 37 minutes West 100 feet to land of Mm'tin; THENCE along said land North 5 degrees 05 minutes East 70 feet to lm~d of Pugsley; THENCE aloog said land South 85 degrees 37 ufinutes East 100 feet to the poiut or place of BEGINNING. The following appurtenant easement is not insured but should be included in the closing deed to convey any rights the seller may have: TOGETHER with a 5 foot right of way for foot passage only from the southwest comer of the premises along the westerly line of Brophy to land of Larsen; THENCE easterly along the northerly line of Larsen; and THENCE southerly along the easterly line of Larsen to the beach for access to and from the beach. TOGETHER with the use of the beach area for bathing proposes subject to such reaSonable roles and regulations aS may be prescribed by Seller, including a maintenance charge not to exceed $25.00 per year unless agreed upon by the five owners using the same. TO~IN OF SOUTHOLD =/Oeg- // ~ -/0-~c).~ STREET/~6 ~-dwNER ' FORMER oWNER PROPERTY VI LIAGE iMP. / TOTAL FARM DATE W RECORD CARD SUB, TYPE OF BUILDING Tillable Woodland Meadowland House Plot Total t coM~, CB. MICS. Mkt. Value REMARKS LOT FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD 117.-10-20.$ 4/09 [xten$ion [xtensian :xtension (,0.43 Garqge ['ion Ext. Walls Fire Place Patio Driveway cq Porch Porch Bath Floors Interior Finish ' Hea~ :~ttic Rooms Ist Floor Rpoms 2nd Floor :' LOT :OWNER STREET VILLAGE RES, LAND AGE ~'NEW FQTm TilJoble 1 Tillable 2 Tillable, 3 woodland SUB. Swampland Brushla~d House Plot Total ACREAGE $.¥, W~ - ' . . ~ TYPE OF BUILD~'~'G NORMAL BELOW ABOVE ~ ~? <. , Acre Value Per Acre _% .... Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/15/10 * * * RECEIPT * * * Receipt'8: 87637 Transaction(s): 1 1 Application Fees Reference Subtotal 1442 $150.00 Check#:1442 Total Paid: $150.00 Name: Pollio, Ronald 1461 Franklin Ave Garden City, NY 11530 Clerk ID: CAROLH Internal ID: 1442 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7-8-10 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED # 6410 Pollio, Ronald # 1442 $150.00 ddL 1 5 2010 Sou~hold Town Cleri TOTAL $15o.oo Sent via Inter-Office to Town Clerk by: Thank you. ES ~442 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 July 16, 2010 Zoning Appeal No. 6410 Transmitted herewith is Zoning Appeals No. 6410 of Ronald A Pollio - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire and Transactional Disclosure Form, Cover Letter from Ronald A Pollio, Copy of Application for Building Permit Dated May 6, 2010, Notice of Disapproval from the Building Department, Receipt from Building Inspector for Disapproval, Findings & Determinations from the Zoning Board of Appeals #6205 Dated October 16, 2008, Findings & Determinations from the Zoning Board of Appeals #1597 Dated June 20, 1972, Seven Photos of Outdoor Shower, Covenant & Restrictions, 3 Pages of Property Record Cards, Copy of Survey Showing Existing Construction Dated June 25, 2008 Prepared by John C Ehlers, Land Surveyor. REC~.I~/ED P. O. Box 637 2350 Jackson Street New Suffolk, NY 11956 Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Re: Application #6410; Ronald A. Pollio Dear Chairman Weisman and Members of the Board: We are the owners of premises adjoining Mr. Pollio's property on the west side. We would greatly appreciate it if the shower could remain in its present location. Mr. Pollio has placed the shower in the most unobtrusive location for himself as well as his neighbors and we are in total support of his application. Thank you for your consideration. S~ncerely, Martin Jayne P. Martin BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 23, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 23, 2010: 12:10 PM - RONALD A. POLLIO #6410 - Request for Variance from Code Sections 280-15 and relief from prior grant #6205, based on an application for building permit and the Building Inspector's May 25, 2010 Notice of Disapproval concerning "as built" accessory shower, at 1) location other than the code required rear yard, 2) relief from Condition #t of ZBA Grant #6205; at: 165 Second St., New Suffolk, NY SCTM#1000-117-t0-20.5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,,Town. Southold. ny. us. Dated: September 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 9914 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 9th day of September, 2010. Sworn to before me this - ~OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY SEPTEMBER 23~ 201~ PUBLIC HEARINC~ NOTICE IS HEREBy GIVEN, put- Town Code ~aapter 280 (Zoaing),Town Orchard Rd., (adj, to Orient Bay) East .>) less than the code required total com- bined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, 5) more than the code required total lot coverage of 20%, at: 780 Rabbit La., (adj. to Oardiner's Bay) East Mari- on, NY. SCTM#1000-31-18-17. 10:40 AM - CUTCHOGIIE NEW SUFFOLK HISTORICAL COUNCIl, /'6416 & 6420- Request for Variance from Special Exception per Code Sec- tion 280-13B(15) and Variance from Code Section 280-18 baaed on an appli- cation for building perrait and the Build- ing Inspector's July 19, 2010, Notice of Disapproval concerning construction of a new building;~416 - owners request a Special Exception for Historical Society, g6420 - less than the code required front yard setback of 50 feet, at: 27230 Main Rd., and Case's La., Cutchngue, NY. SCTMgl000-109-5-6.1. 11:00 AM - DAHNA M. BASILICE #6409 - Request for Variance from Code Sections 280-15, based on an application for building permit and the Building In- spector's May 4, 2010 Notice of Disap- proval concerning proposed construc- tion of accessory garage, at 1) less than the code required side yard setback of 20 feet, 2) less than the code required front yard setback of 35 feet, 3) more than the code required maximum lot coverage of 20%; at: 3255 Bayshore Rd., (adj. to Pc- conic Bay) Greenport, NY SCTM#1000- 53-6-8 11:15 AM - ROY WARD #6404 - Re- quest for Variance from Code Sections 280-124 and 280-116, based on an appli- cation for building permit and the Build- ing Inspector's March 8, 2010, amended June 3, 2010 Notice of Disapproval con- ceming additions and alterations to an existing dwelling, at 1) less than the code FANIDES #6413 - Request for Vari- required side yard setback of I5 feet, 2) ance from Code Sections 2~0-116(B) , less. than the &de required combined ~,a nn' ' side yard setback of 35 feet 3) less than _._ 280-124, ba~ed on an a~.,.licairon [ . . , ..... th'~code requn:ed setback to a bulkhead for bud ngperm t and the Building In- ~ . . en~ctnr's June 11 20t0 Notice of Disan- of 75 feet;, at: 4075 Stiltwator Ave. (East proval concerning proposed alterations Creek (Eugene s Creek) Cotchogue, NY, additions and "as built" deck addition SCTM#1000-137-1-8.1. to seasonal dwelling at 1) less than ll:30AM-DOUGLASSLAMAand the code required bulkbeed setback of NANCY ScI-rR~d~qK ~6418 - ~ is a 75 feet, 2) less than the code required request for a Waiver under Code Article minimum side yard setback of 10 feet, II, Section 280-10A, to unmerge land identified as SCTM #1000-98-5-9, based Principal Clerk (i j/';) dayof ,~.~ ~ ' 2010. NOTARYP~' ~,~q ',:C'~'NEWYORg on the Building Inspector's July 14.2010 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lot~ merged undl a total lot size conforms to tM current bul~ schedule (minimum 40,000 square ~ariance from Code Sections 280-116(13) LLC #6388 - (adj. from July 29, 2010) Adjourned from PubUc Hearing June 30, 2010: Adjourned from Public Hearing July 29, 2010: 2:30 PM - JOHN E. and SHARON The Board of Appeals will hear all persons or their representatives,deshJng !o be heard at each hearing, and/or desir- ing to submit written steteraent~ before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Fries ar~ available for view during'~gular bvsiness hours and prior to the day of the hearing. H you have questions, please' contact our office at (6:31) 765-1809, or by emaih PERLINK "mailto:Vicki.TothO~Town Southold.nv. us" Vicki. Toth~owlh Southold.nv. uf, Dated: Seutember 1.2010 ZONEqG BOARD OF APPEALS L~SLIE KANE$ WEISMAN, CHAIR- PERSON ' BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Malling/USPS) PO. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 30, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, September 23, 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 September 6th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing1 providing the returned letter to us as soon as possible; AND not later than September 13th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our off/ce 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 September 15st: 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 Postinq for receipt by our office before Sept. 21st, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM #: POLLIO, RONALD 1000-117-10-20.5 # 6410 VARIANCE: LOCATION REQUEST: AS BUILT ACCESSORY OUTDOOR SHOWER/RELIEF FROM PRIOR GRANT DATE: THURS,SEPT.23,2010 If you are in.terested in this. project, you may review the file(s} prior to the hearing dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 12:10 PM i ZONING BOARD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- RECEIVED SEP 1 0201~ BOARD OF APPEALS MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) . New York, being duly sworn, depose and say thaLT-- Onth~ ~'~-~-ayof t~O'fr- , ~/~, Ipersonall mailed Post Offi~ in~/~ ~ -New g ..... ~- y at ~e Unit~ Sines ~Q~S~D, a ~e co of the a h~ r ~ .._.- . .. . ~ ~CE~T PY ~c,~u ~gm ~ot~ m prepalo envelops ad~ess~ to c~ent o~s shorn on the cu~ent ~sessment roll'vedfi~ from ~e official ~ ~c (~ Assessors, or ( ) ~, R~ Pr- ~ ~ ~ r~r~ on file "r°-e~' w'-:-' ..... ~J openy v F , ,y tu~ aoum mia Is across a public or s~o~ng the appli~Ws pro~. ~ ?~ ~,,~.~, or vemcutar rl~xtmf-way ofr~r{ 8.~to before me this ay of 20 o (Notary Public) (Stgnature) ANNE M. PREVIDI ~lota~/Pubtic, State of New ¥o1~ No. 01 PR5049845 . Qualified in Nassau Counb/ C~0[-~ Commission Expires September 25, PLEASE list, on the back of this Affidavit or on a sheet Of paper the lot nmnbers next to the .owner names and addresses for which notices were mailed, Thank you, If'7 -- l o - cO1. I/7- I~- ~ Cerffiled Fee Return Receipt Fee r-1 (Endorsement Required) Restr~ted Delivep/Fee (Endorsement Required) nj Robin Ennl$ m~F~:NaT""i~-'H~'O'V~¥"ZA'ffE .................................... I ...................... liew..£~-y....~., a9-56 ......................... LT:Z ........................ / us~ I .o~e $ . (Ep~xaement Required) ~ , ~ 0 Here m Total Postage & Fees ~ ~' ~ I~r°Town of Southold -Town Clerk I or~ ~,~. 1,.!.9 7 L .......... .~ 2~.:/---$ o~t-h 0-14 ~-- --F~.w---Y-~;k-- r0 7005 3110 0001 2713 1411 · UNITED STATES ~l~l~[~l~ ~'~ · · Sender:. Please pfi~ your name, address, and ZIP+4 in ~is box · Roneld A. Polllo 1461 Franklin Avenue Carden City, NY 11530 t.m Complete Items.1 '~.~; ~ item 4, if:Res~ioted D'slive~, is desired, · Print your hame'and address on the reverse ~ so that we can return the card to you. , · Attach this card to the back of the mallpiece, ', t,~rl~le Addr~d to: ~-~;;-~Bt~e~h~, P.e~:ocable Truf t 2. Arlicle Number ?~ Forth %~811 ~ A~ust 2~0:] 3. Serves Type ~e~iied Mail [] .Express Mail [] Re~istorad ~,etum Rece~ 7005 3110 0001 2713 1411 · Complete items.l, ;~, and 3 AJso COmplete item 4 if Res{dcted Delivery is desired. ' · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~ticre Addressed to: Mary L. Brophy, Revocable 75 2nd Street PO Box 202 New Suffolk, NY 11956 D. is delivery { ~ from ~tem 1 ? if YES, enter delivery address below: n Registered [] Insured Mail D C.O.D. 4. RestriCted Delivery? (Extra Fee) 2. Article Number (Transfer from service la 7005 3110 0001 2713 -- --" 1411 PS Form3811 August 2'~01 ~ ~,~-,~, '-,-~-~ es[c Hcturn Receipt i--I Express Mail [~eturn Receipt for Merchandise [] Yes 7006 2150 0005 6887 4137 · Sender: Please pdnt your name.~.e~_address, and ZIP+4 in this box · Ronald A. Pollio 1461 Franklin Avenue Garden City, NY 11530 · Complete itoms 1; 2, and 3~ AI~o cornp]ele item~4j! Restricted Deflvery ~s deslmU. · P~nt'~r name and address on the reverse so thai we can return the card to ~u. · Attach this card t<) lhe back of the mailpiece, or on the front if space permits. ' ~mas Martin & Jayne Martin ~eon Street :~'Suffolk, NY 11956 ! 2. Article Numbe~ i (Tran~a~frOm Sety~:~ label) i~ For~ 3~11. ~u~ u"st 2051 [] Addressee 4. Re~dcted Delive m/? ~.xtfa ~----~ 7006 2180 000S 6887 4137 · 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 back of the mailpiece, or on the front if space permits.;,. 1. Article Addressed to: Town of Southold Town Clerk PO Box 1179 Southold, NY 11971 SEP 01 2010 ~arUfied Mail ~] Registered ~[~ I [] tnsured Mall [] C.O.D. 4. Restricted Delivery? (Extra F6e) [] Yes 2. ArUcle Number PS Form 3811, August 2001 Domestic Return Receipt 2ACPRJ-O3-Z.0985 · 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. · Altach this card to the back of the mailpiece, or on the front if space permits. 1. A~tide Addressed to: Thomas Martin & Jayne Martin Jackson Street PO Box 637 Ne~ Suffolk, NY 11956 2. Article Number ~r~a,s~e~ f~o~ ~e~ ~bet~ 7006 2150 PS Form 3811, August 20~11'-~''~ Domestic Ream R~l~ C. Date of Delive~ eddress d~erent from ~tem 1 ? [] Yes if YES, enter defive~j address below: [] No 3. Sen~ice Type ~Cerflfied Malt [] Registered [] Insured Mail [] 4. Restricted Detivery? (Extra Fee) Yes 0005 6887 4137 Ronald A. Pollio 1461 Franklin Avenue Garden City, New York 11530 516-248-2500 (Office) 516-742-3494 (Cell) Southold Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971-0959 Attn: Ms. Vicki Toth, Board Assistant September 28, 2010 SEP 2 9 ~010 BOARD OF APPEALS Re: Return Receipt Requested - Stamped Cards Variance Application Property: 165 2"a Street, New Suffolk, NY 11956 Owner: Ronald A. Pollio Dear Ms. Toth: I have enclosed three (3) of the USPS Return Receipt Requested cards. As you recall, I could not get the Retum Receipt Requested cards for my neighbor, Robin Ennis. However, I did get her to sign off on the letter indicating that she received same. Please let me know if there is anything further that you require. Ronald A. Pollio RAP/bmf Encl. Ronald A. Pollio 1461 Franklin Avenue Garden City, New York 11530 516-248-2500 (Office) 516-742-3494 (Cell) COPY August 31, 2010 CERTIFIED MAll, - RRR Robin Ennis 10 Hoover Lane New City, New York 10956 Re: Southold Town Zoning Board of Appeals Hearing Date: September 23, 2010 ~ 12:10pm Dear Robin: Enclosed please find the required Legal Notice of the Meeting to hear my request for a variance, which will permit me to keep the outdoor shower in the location where it now exists on my property. I have also attached a survey of the property, which indicates the location of all structures including the outdoor shower. If you have any questions, please feel free to contact me. RAP/bmf Encl. Sincerely yours, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of 'RECEIVED SEP 1 02010 BOARD OF APPEALS (Name o f Applie. ants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- . COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On ~ · the 5 day o.~ '~.. ~vtfSc, 20/~, I personally placed the Town's official Poster, w~th 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 fight-of-way entrance;* and that [ hereby confirm that the Poster has remained in place for seven days prior to tl'~t date of the subject hearing date, wh/ch hearing date was shown to be ~. 2-~_.. ~olO (Sigltature) Sworn to before me this day of ~ , 20~ (Notary Public) ANNE M. PREVIDI Notary Public, State of New York No. 01Pr-15C4~45 Qualified in Nassau County ~O[.~ Commission Expires September 25, *near the entrance or driveway entrance of my property, as the area most visible to passersby. Ronald A. Pollio 1461 Franklin Avenue Garden City, New York 11550 $16-248-2500 (Office) 516-742-3494 (Cell) RECEIVED BOARD OF APPI=AL$ September 7, 2010 Town of Southold Building Department Town Hall Annex Building PO Box 1179 Southold, New York 1179 Re: Affidavit of Sign Posting Affidavit of Mailings Application for Variance Property: 165 2"a Street, New Suffolk, NY 11956 Owner: Ronald A. Pollio Dear Ladies and Gentlemen: I have enclosed the following documents as required. 1. Affidavit of Posting 2. Affidavit of Mailing 3. Four (4) Certified Mail-RRR.receipts from Post Office. If you have any questions, please feel free to contact me. RAP/bmf Encl. Sincerely yours, q Ronald*A. Pollio Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 7, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6410 Owner/Applicant' POLLIO, Ronald Action Requested: As built accessory shower in side yard. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) 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 Ih Weisman ZBA,17h'a}rperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 October 12, 2010 Ronald Pollio 1461 Franklin Ave. Garden City, NY 11530 Re: ZBA # 6410 Dear Mr. Pollio: Transmitted for your records is a copy of the Board's October 7, 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. Sincere~_l~/ Vicki Toth Encl. Cc: Building Dept. C~fCNO~IE H~R /~omal~ laOII/° ?o~o - i~ ~ - IO- ~c~,~-