Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
6407
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 SOUTHOLD R CEIYED ff Tel. (631) 765-1809'Fax(631) 765-9064 4 ~ ',,~,v~'~ '" ~'~3'. FINDINGS, DELIBERATIONS AND DETERMINATION ~~.~ MEETING OF OCTOBER 7, 2010 $outhold Town Clerk ZBA FILE: 6407 NAME OF APPLICANT: Steve and Olga Tenedios PROPERTY LOCATION: 51020 Main Rd. (adj. to Long Island Sound), Southold, NY SCTM 1000-23-1-14.10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 1I 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 13, 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: The variance relief requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicants' property is a non-conforming 77,284 sq. ft. waterfront parcel, with 52,164 sq. ft. buildable land, in the R-80 District. The northerly lot line measures 245.26 ft. adjacent to Long Island Sound. The easterly lot line measures 275.68 ft. along a 5 ft. private ROW adjacent to land owned by New York State. The southerly lot line measures 300.254 ft. along a 25 ft. private ROW and adjacent properties, and the westerly lot line measures 294.00 ft. along an adjacent property. The parcel is improved with a single-family dwelling, an accessory pool, and accessory pool house; with the location of the proposed two story accessory garage and driveway, also shown on the submitted site survey drawn by Mark K. Schwartz, AIA, dated Sept. 17, 2010. BASIS OF APPLICATION: Request for Variance from Code Section 280-15(F), based on an application for building permit and the Building Inspector's June 11, 2010 Notice of Disapproval, concerning proposed two story two car accessory garage, 1) location in a side yard when a front yard or rear yard location is code-required on a waterfront parcel,. RELIEF REQUESTED: The applicant proposes to construct an accessory two story two-car garage in a non- conforming side yard area. ADDITIONAL INFORMATION: In ZBA Appeal 6323 the Applicant applied for a pool, accessory pool structure and an accessory garage. The proposed accessory garage had a non-conforming size and a non-conforming front yard setback, and was denied. This Board granted the location of the pool and accessory pool structure in the side yard on this water front property. This new appeal is also for an accessory garage that now only requires a variance Page 2 October 7,2010 ZBA File#6407 - Tenedios CTM: 1000-23-1-14.10 for a side yard location. The applicant reduced the size of the accessory garage to be conforming to code requirements. During the public hearing on August 26, 2010 the Board asked the applicant to submit an amended survey removing the as built non-conforming 8 foot high deer fencing on the subject property, which was received by the ZBA on Sept 17, 2010. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application August 26, 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: 1. Town Law §267-b(3~(b}ID. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is located in a low density residential neighborhood, bordered by Long Island Sound to the north, by property owned by New York State to the east, and by currently undeveloped private properties to the south. Accessory garages are customary to residential properties. Town Code states that such structures, when constructed without the grant of an area variance, must be situated in conforming rear yard locations, or on waterfront parcels, they can also be located in a conforming front yard location. However, although the proposed garage will be located in a side yard, it will have Code-conforming front yard and side yard setbacks. The garage will be of a Code- conforming size and height. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The garage can not be located in the rear yard which abuts Long Island Sound, and it can not be located anywhere else on the property without requiring an area variance. 3. Town Law §267-b(3}(b)(3}. The variance granted herein is substantial, since it involves the placement of an accessory structure in a side yard location, rather than in a Code-conforming rear or front yard location on this waterfront parcel. However, the non-conforming location will be mitigated by a placement of the structure such that the result will have the same building setbacks as would be required if it were located in a conforming location. 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. The applicant shall contain all storm water mn off on site as per town code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since the Applicant chose to build a detached garage in a non-conforming location. However, this is the only location that is feasible for the applicant to pursue. The location to the south of the attached garage contains the waterline and electric meters. 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 garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the Site Plan labeled S-1 dated September 17, 2010 prepared by Mark K. Schwartz, AIA and received in the ZBA office on Sept 17, 2010 and the architectural drawings dated May 28, 2010 prepared by Mark K. Schwartz, AIA, labeled sheets A-1 Proposed detached garage, proposed elevations and proposed Is~ & 2nd floor plan. 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. Page 3 - October 7, 2010 ZBA File#6407 - Tenedios CTM: 1000-23-1-14.10 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 }Veisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Horning by telephone, no voting rights) This Resolution was duly adopted (4-O). Leslie Kanes Weisman, Chairperson Approved for Filing/tg//~)/2010 REVISIONS: LONG ISLAND SOUND FRONT YARD ~ 51D~ ~ARD ~ ' A © SUFFOLK COUNTY TAX MAP No.: 1000-23-1-14.1 DESCRIPTION: AREA: LOT OOVERAGE: EXCAVATE: FILL: REMARKS: ,,,,.~,~ ..... v.~'.:':~'~, ~.~,,~o,,w~oo ~, ,,/ SITE . ~x~m~ SH~D: I I +F PER FILED MAP 50CU. YD, 45cU, yg COMBANIESTHATTHEAREAISCLEAR. OU~ARDSATA45 DEGREEANGLEABOVE4FE~ORIN~ALLSHORING. SEP 1 ? 201 REAR ELEVATION SCALE: 1/8" = 1'-0" RIGHT ELEVATION SCALE: 1/8" = 1"0" FRONT ELEVATION SCALE: 1/8" = 1'-0" INAL MAP REVIEWED BY SEE DECISION DATED i c~ I 7 ,,. REVISIONS: t 28, 2010 SHEET NUMBER: LEFT ELEVATION s~,,~:,,8.: 1..o., A-1 EXISTING 2ND. FLOOR PLAN SCALE: 1/8" = 1'-0' 1ST. FLOOR PLA~ SCALE: 1/8" = '1'-0' MAP EWED BY o;c~s.~ ~- ~1__~_1~ REVISIONS: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 13, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair 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 them 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 Tenedios, Steve & Olga Quinn, Bonnie M. Basilice, Dahna 6407 6408 6409 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853~5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ~OA~o OF FOI~vl NO. 3 NOTICE OF DISAPPROVAL DATE: June 11,2010 TO: Pafficia Moore For: Steve & Olga Tcnedios 51020 Main Rd.. 8outhold, NY 11971 Please take notice that your' application dated June 9, 2009: For permit ~o conSmact a two car ~trage with room above at: . i,ocafion of property: 1.7327 Main Rd., East Marion, NY County Tax Map No. 1000 - Section 23 Block l_ Lot !4.10 tS ~?eturned herewith and disapproved on the following grounds: The ~rovosed construction 0fa new accessory 2 story 2 ear_zara~e, on a non-conforming · .Z7~..84 squere fbo.t lot L52.164 so. ft. buildable land~ in the Residential R-80 District is ' not uermitt~ vursuant to Article Ill Section 280-15(F), in the case 9f waterfront properties, ac,'~.ssory, structures inay be located in thc front yard. The prooosed ~ara~e is located in the side yard. A~hori~x~d Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Sonthold Town Building Department. CC: ~e, Z~B.A. 8~9~S9L LO:6[:O~-~L-90 PATRICIA C. MOORE Attorney at Law 51020 Main P, oad Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765 -4643 June 14, 2010 ~Ec~ED BOOKED OF APPEALS Attn: Leslie Weisman, Chairperson Zoning Board of Appeals Main Road Southold NY 11971 RE: VARIANCE APPLICATION - STEVE & OLGA TENEDIOS PREMISES: 17327 MAIN ROAD, EAST MARION SCTM: 1000-23-1-14.10 Dear Ms. Weisman; With reference to the above, enclosed please find 9 sets of the following: 1. Current Notice of Disapproval 2. Application with authorization. 3. Site plan prepared by Mark Schwartz Architect dated May 24, 1010 4. Questionnaire form, Project description, Environmental Assessment form 5. Copy of C & R's 6. Town property card 7. LWRP form 8. Transactional disclosure and one (1) Agricultural data statement forms 9. Copy of ZBA decision 10. My check payable to the Town of Southold for the filing fee Once we have received the hearing notice, we will arrange to have the new project staked out for inspection by the Bord. Please place this on your earliest available calendar. Thank you and if you should have any questions, please to not hesitate to call. V. ery" ~r~ii' ~:~urs, L'--~-P-atricia C. Moore PCM/bp encls. C: Mr. & Mrs. Tenedios RECEIVED , APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 17327 Street Main Road Hamlet East Marion SCTM 1000 Section 2~3 Block ~1 Lot(s) 14.10 Lot Size(Buildable) 52,164 sq.ft. Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED _June 11, 2010 BASED ON MAP May 28, 2010 Applicant(s)/Owner(s): Steve & OIga Tenedios Mailing Address: 17327 Main Road, East Marion NY Telephone: 1-917-796-7920 Fax #: Email: pcmoorel ~optonline.net NOTE: In addition to the above_, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 for ( X ) Owner, or ( ) Other: Email: pcmoorel~optonline.net Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May 28, 2010 and DENIED AN APPLICATION DATED _June 9, 2010 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article III Section 280- 15 (F) Accessory structure (garage) in side yard RECEIVED BOARD OF APPEALS Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A, [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal, ~. has been made at any time with respect to this property, UNDER Appeal No. 6323 Year 2010 (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Steve & Olga Tenedios ZBA File # REASONS FOR APPEAL (additional sheets ma~, be used with preparer's signature}: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The subject parcel is Lot 6 on a filed subdivision map of Brionngloid-by-the-sea at East Marion approved by the Southold Planning Board on July 17, 1978. Lot 6 has access to the Main Road over a right-of-way between Lot 4 and Lot 5, however, the map shows a right-of-way which is unimproved and leads to the adjacent land owned by the State of New York which is a parking area for the East Marion Long Island Sound beach. The property is wide (300 feet) but the depth of the property is narrowed by the Coastal Erosion Hazard Line and Long Island Sound. The house, pool and pool house were placed away from the Long Island Sound. The accessory garage can not be located in the front yard, as is permitted with waterfront properties, because the 50 foot right of way requires a 55 foot setback from the right-of-way. The only open area for the structure is in the "side yard" (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The garage can not be located in the rear yard because of the environmental constraints. Since the right-of-way appears on a filed map we must treat the right-of-way as a "front yard" regardless of the actual use of the right-of-way. The proposed garage has been proposed conforming as to size and setbacks from the front and the side yard. There is no conforming location which is not a "side yard". The only location for this structure which is open and feasible for the garage is the side yard. Placement of the garage in any other location of the front yard would require a setback variances. (3) The amount of relief requested is not substantial because: The location of the proposed garage in the side yard conforms to the required setback from a "dead end" right-of-way and the side yard setbacks. The only variance is due to the placement of the conforming accessory garage in a "side yard". BOARD OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the proposed garage conforms to the environmental setbacks required by the Trustees and DEC. All structures have been set away from the Long Island Sound. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No Are there Covenants and Restrictions concerning this land: No. X Yes (please furnish cot~v). Private C& R's no restriction on placement of garage This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult },our attorney) S~re of Appellant or Authorized Agent Sworn to before me this day/gg?{ ~._..~6_~~, 20 t ~/'L (Agent must submit written Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Steve & Olga Tenedios Date Prepared:June 11, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Request is to locate proposed conforming garage in a "side yard". Dimensions of first floor extension- garage 27' x 27' with climate control Dimensions of new second floor-storage climate control Dimensions of floor above second level: open cupola Height (from finished ground to top of ridge): to code (22') cupola exempt from height Is basement or lowest floor area being constructed crawl space If yes, please provide height (above ground) measured from natural existing grade to first floor: 22' 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: new detached garage Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): All structures 13.5% Proposed increase of building coverage: (garage 1.4% of 13.5%) Square footage of your 1ot:__52,116 sq.ft. {Upland) Percentage of coverage of your lot by building area: 13.5% V. Purpose of New Construction Requested: ~arage orovides additional storage space for car collection VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _adjacent to Long Island Sound therefore only area available for structures is side yard. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Steve & Olga Tenedios 1000-23-1-14.1 Is the subject premises listed on the real estate market for sale? Yes XNo Are there any proposals to change or alter land contours? E No I;] Yes, please explain on attached sheet. BOARD OF APPEALS 1) Are there areas that contain sand or wetland grasses? ~ 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your propeay contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Trustees approved lar~er ~ara~,e Please confirm status of your inquiry or application with the Trustees: more than 100' from wetlands and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping e}evation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? yes- house, pool house and pool If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel house under construction and proposed use carafe . (ex?~pt~7-Ixisting: single-family; proposed: same with garage or pool, or other description.) A~riz~ Signature and Date 2/05; 1/07 PROJECT ID NUMBER PART 1 · PROJECT INFORMATION 3.PROJECT LOCATION: Mu.~cip,,t~ ~fCL~± 617,20 SEQR APPENDIX C RE-,~RD OF APPEALS STATE ENVIRONMENTAL QUALITY SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( TO be completed by Applicanl or Project Sponsor) 2, PROJECT NAME cou W 4, PRECISE LOCATION: Streel Addess and Road Intersecltone, Prominent landmarks etc -or provide map DESCRIBE PROJECT BRIEFLY: ooo- I - Iq-. \o 7. AMOUNT OF LAND AFFECTED: Ir~itially ~ apres Ultimately ~-- acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 9. WHAT tS PRESENT ~D USE IN ViCINI~ OF PROJECT? (Ch~ as ~ny as apply,) ~Resi.n,al Oindus~al OC~.rcia, OAgri~ltur. Opa~/F~estfO.nSpa~ t0, DOES A~ION I~OLVE A PERMIT ~PROV~, OR FUNDING, ~W OR ULTI~TELY FROM A~ OTHER GO~RNMENTAL AGENCY (Fermi. S~ or L~I) ~Yes ~ ff yes, list agency ~ and pe~it / approval: 11, DOES ~Y ASPECT OF THE ACTION ~VE A CU~ENTLY VALID PERMIT OR APPROVAL? ~Yes ~NO II ~s, list agency n~e end ~rmit / appro~l: I I AS A E ULT~es ~No OF PROPOSED ACTION WILL EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION? CERTIFY T~E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action la a Coatal Area, and you are a state agenoy, complete the Coastal Assessment Form before proceeding with this assessment ~ECEIVED 8OARD OF APPEALS PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A OOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6t7,47 If yes, coordinate ~e review process end use the FULL E~F. I-1Y- I--I"e B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 If NO, a negative declaration may be superseded by another Involved agency. r--] Yes [~]No C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WrTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solkJ waste production or disposal, potential for erosion, drainage or flooding pm~isma? Explain b~efl~': c2. Aesthetic, agricultural, at'chaeoiegical, hlsto~c, er other ~flJrel or cultural resources; or community or neighborhood character? Explain bdefly: C3 Vegetation or suns, fish, she fish or wildlife species, significant hebifals, or threatened or endangered species? Explain bnefly: ' C4. A community's existing'plans or g~ais as ctflcte~ adopled', or"a cheeps In' use o, ieten~ty of use'~)f lan'd ~r other naturaJ rssd~cs~? Expel; bdefl~i ' C5. Growth, Subsequent hevelopmenl, or related ac~tias likely to be Induced by the proposed action? Explain briefly: C7. Other Impacts (l~m~lrm changes In use of either q"ar~ ~iype ~ienemy? Explain brtsfl~ ENVIRONMENTAL AREA ICEA}? I-1¥ s F"lNo I IffJ aa'expislnbde : i E. IS THERE, OR iS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If ye~ explain: [~Yes F'-~ No J PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, targa, important or otherwise significant. Each effect should be assessed in ccnnecfion with its (a) seffing (i.e. urban or rural); (b) probability of occurring; (c} duration; (d) in'everaibility: (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanatior, s contain sufficient detail to show that all relevanl adverse impacts have been identified and adequately addressed, If question d of par1 ii was checked yes, the determination of significance must evaluate the potential im pact of the proposed action on the environmental characteristics of the CEA. Chec~ this box if y~u have Identified one or mom potentially Large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL Nama of Lead Agency Date Title of Responsible ofrmer Print or Type Name of Responsible officer In Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) ;ECE;VED APPLICANI' I$OARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 6 fO ~ The Town of Southold's Cude of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Steve & Olga Tenedios and PatriciaC. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone dsc or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: ChangeofZone Approval of Plat Exemption fromPlat or OfficialMap Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, in which the lown officer or employee has even a partial ownership of (or employment by) a corporalion in which the Town officer or employee owns more than 5% of the shares, YES NO X Complete the balance of this lbrm 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 yourseff (the applicant) and the Town officer or employee, appropriate line A through D (below) and/or describe the relationship in the space provided. Either check the The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation): ..... B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation): C) an officer, director, partner, or employee of the applicant: or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /3 day of ..J'-(dr~ '~-0 / ~' Signature: Print Name: Olga rl'enedios /~a',, ~'~-~r~,,-~/~ ~r Steve Tenedios d .5~,~q,-e~r ~-~ Patricia C. Moore -~.~'~x..~, so rso ~ECEIVED tFFIEN TO USE Tt~r~ FORM: Tire form m~t be ~ b~ ~e ~p~t for ~y Spe~ 500feet Of a ~ '" ' - .... ........ ' .' '~d~s 2.' ~ .,. ''.. ~i~a~ of ~pli~t ' ' ' ~Da~ Note: ' ~l~ time me~ d~e ~li~on is net ~[e~ ~d ~ot ~ act~ ~ by ~e 1-14-09 ~ECE]VED Ao Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and. if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board &Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION Construction of accessory structures 135 feet from Long Island Sound SCTM# 1000-23-1-14.10 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals X Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: Construction of accessory structures in side yard in order to move structures away from Long Island Sound Location of action: 17327 Main Road, East Marion Site acreage: 77,284 sq.ft. Present land usc: house, pool and poolhouse, application for accessory structures in side yard Present zoning classification: r-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Steve & OIga Tenedios (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L~VRP Section III - Policies; Page 2for evaluation criteria, Yes X No [] Not Applicable [] Discussion (if appropriate): Proiect is located on Long Island Sound The subject property was improved by an existing single family dwelling which was demolished and new house constructed. Owner wishes to locate accessory structures in side yar&, away from the Long Island Soun& which necessitates a variance for accessory structures in the side yard. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See £~VRP Section lll- Policies Pages 3 tbrough 6 for evaluation criteria Yes [] No [] Not Applicable X Town of Southold LWRP Consistency Assessment Form 2 RECE~VE~ Discussion (if appropriate): The subject property is consistent with LWRP as it is located more than 100 feet from Long Island Sound. The site was formerly developed with a single family dwelling. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See LWRP Section 111 - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate) The proposed location of all structures is more than 100 feet from the Long Island Sound. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): consistent with this policy- applicant needs a variance to place accessory structure in a side yard Policy S. Protect and improve water quality and supply in the Town of Southold. See L WRP Section 111 - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on water quality- residential use BOARD OF APPEALS Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): Island Sound. Proposed construction is more than 100 feet from Long Policy 7. Protect and improve air quality in the Town of Southold See L WRP Section 111 - Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): NO impact on air quality Town of Southold LWRP Consistency Assessment Form 3 ~ECE/VED Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See LWRP Section III- Policies; Pages 38 through 46.[br evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): The public access to the Long Island Sound is on the adjacent Town/State beach and boat access. Pro0osed t~arat~e does not impact access WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LV/RP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Accessory structures will not affect water dependent uses Policy 11. Promote suslainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section II1 - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): more than 100 feet from Long Island Sound Policy 1Z Protect agricultural lan& in the Town of Southold. See LPVRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (il'appropriate): no agriculture is conducted on the land, lot 6 on a Planning Board approved subdivision Town of Southold I.WRP Consistency Assessment Form 4 ~ECEZVED Policy l 3. eromote appropriate use and development of energy and mineral resources. See ~ ~-0 ~" L WRP Section III- Policies; Pages 65 through 68for evaluation criteria, Yes [] No [] Not Applicable X Discussion (if appropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 Steven & Olga Tenedios, RECE]'VED BOARD OF APPEALS June 10, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Steven Tenedios and Olga Tenedios, hereby authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Sotuhold Town Board of Trustees, New York State DEC and any other necessary agencies on my behalf regarding property located at17327 Main Road, East Marion, New York (sctm: 1000-23-1- 14.10) STEV~N TENEDIOS OLGA TENEDIOS TOWN OF SOUTHOLD BUI[~DINQ 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. RECEt¥*&, BOARD OF APPEAI~ BUILDING PEI~I~IIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT ? Date ~-P/' / ., 20 ~ O INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval &this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing ¢ode~d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. . ...... Y (Signature of applicant or name, ifa corporation.), (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises .~/--z;~ 4_/,-fi_ '~t74>r2d/ t~3 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposes[,work Fill be done: House Number Street Hamlet Block County Tax Map No. 1000 Section ~_--~2.~ Lot Subdivision Filed Map No. Lot B State existing use and occupancy of premises and intended use and occupancy of propose~.~R[81-$ a. Existing use and occupancy //~¢~c~tx~.~c~, 6/// ,,z57r-2,~ ~ //)r'?,,'/.,4'z;~/,,g. az~ b. Intended use and occupancy 6,-'~4. Et_ c4r~ Nature of work (check which applicable): New Building Repair Removal Demolition Addition Alteration Other Work Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front. Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height 8. Dimensions of entire,new construction: Front ~ Height c2c¢ / Number of Stories 9. Size oflot: Front '~t o Rear o2~7 Rear Number of Stories Rear //.,~ Depth .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~-i~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO ~t~Lt/~-~,( 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES __NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a 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) COUNTY OF~L~)S: /L/g.t~_, . C.~.. /~''b'''~'~' being duly sworn, deposes and says that ts)he is the applicant (Name of individual sigmng contract) above named, (S)He is the ent, 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 / 5. T'" dayof ,....~'-t4 tx/~' 20/0 (' ~' Notary Public MARGARET C. RUTKOWSKI Signature of Applicant Notary Public, State of New York No. 4982528 C Qualified in Suffolk County., ~. ommission F. xolra~ June ~t_ c~ ~ / / BRINGLOID ACRES AT EAST MARION, NEW YORK COVENANTS AND RESTRICTIONS LAND OWNED BY CHARLES R? RAND BOA/~D OF AppEALS 1. All of the premises hereinabove described shall be known and designated as residential plots. 2. No structure shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two stories in height. No dwelling shall be erected, placed or permitted to remaLu on any lot unless it has an enclosed garage, attached or unattached, for not less than one (1) car, and all such garages and accessory buildings must conform in architectural exterior design with the dwelling. 3. No dwelling, having a ground floor area of the main floor structure of less than one thousand two hundred{I, 200 sq. ft.) square feet, exclusive of one-story open porches and garage, shall be erected, placed or permitted to remain on any lot. 4. No dwelling shall be erected or placed within sixty-five (65') feet of any front lot line, except that the front lot line setback requirement shall be side street lines and side lot lines shall be such as to conform with the then effective zoning ordinance of the town of Southold. 5. No animals livestock Or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats, or other household pets, provided they are not raised, bred, or maintained for any commerical purpose. 6. No lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage. All rubbish, trash or garbage shall be kept in closed sanitary containers, which containers shall be kept out o£ the public view and in the rear of the premises. 7. No building, wall pier or any other structure shall be erected, altered, or moved onto any lot, nor shall any preliminary grading to any portion of any lot be done, without the prior written approval of the Declarant, his heirs, and asalgns."No mobile homes wall be approved. 8. No fence, wall or hedge of over four (4) feet in height shall be permitted within (10) ten feet of a side line nor within fifty (50) feet of any street line or water front, 9. No clothesline, or o~her such clothes drying implements, shall be m.~intained other than in the rear yard area of the premises. 10. No more than fifty (50) per-cent of the existing trees on a lot may be removed without the prior written approval of the Declarant~ his heirs a~ assigns. 11. No major external construction on any structure on the premises sh'tll be permitted on Sundays. 12. If any lot owner, his heirs or assigns~ shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision to prosecute any proceedings at law, or in equity against the persons vinlating or attempting to violate any such covenant to prevent him or them from so doing, or to re cover dan~aaes or other relief for such violation. 1 3. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 14, These covenants are to run with the land, shall be binding upon al~ partlesand all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automa{ically extended for successive periods of ten (10) years, unless an instrument is recorded in the Suffolk County Clerk% Otfice signed by the then owners oi a majority of the lots degignated on the said map, agreeing to da ange said covenants in whole or in part. ~ECEIVED !~OARD OF APPEALS /0oo- .~ 3-/- ;4,/o TOWN OF SOUTHOLD PROPERTY--RB:ORD CARD OWNER STREET . FORN~ER OWNEJ~w~'/~';~j- seia~.~.l N E ACR. ~1~ ~r~ R~) i ~ ~ND W IMP. TOTAL DATE R~RKS - ~ , ~ Tillable FRONTAGE ON WA, ER .'~ W~land FRONTAGE ON ROAD ~eedowl~.d DEPTH House Plot BULKH~D Total 23.-1-14.10 10/07 r ~. e/d~Y Extension Extension ~7 ~ i~, = 70_3 Extension Foundation ~ C__ Both P~n Basement ~ Floors c~-_~= uT Porch Breezeway Garage RECr~/ED BOARD OF APPEALS Patio O. B: Total Ext. Walls Fire Place Type Roof Recreation Room Dormer interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway inette LR. DR. FIN. B COLOR TRIM 1 st 2nd M. Bldg. Foundation .~~ Bath ~ Dinette Extension -:5 4r ',( ~ ~ ~{;::O~ '~ ~ \ I /'~2-O Basement ~ P~ Floors (c<~. Kit, Extension ~ = t~ ) ~ ~.~ ~ ~ ~ Finished B. ~ Interior Finish L.R. ~tension .... -., FirePlace ~E~ ~ Heat ~ D.R. Garage 3~ = ~ ~ ~O Ext. Walls ~ ~ ~,~ ~ BR Porch ~<~: J~.~ )~ ~ ,~O ~ Dormer Baths ~1 ~ ~ Mo Foyer A.C~V~ ~ ~ ~ %~ ~ Laund~ Libra~/ Dock ~OH ~ ~ 83/25/2818 88:23 6317659864 ZONINGBDOFAPPEALS PAGE 82/86 OffiCe Location: Town Anncx/FksI Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 htrp://southoldtown.nortbfork.net BOARD OF APPEALS TOVv'N OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 l~aR~og~ddress: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2010 ZBA FILE 6323 NAME OF APPLICANT: Steve and Olga Tenedios PROPERTY LOCATION: 17327 Main Road, East Marion, NY CTM 1000-23-1-14.10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 19, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 77,284 square foot lot, of which, 52,116 sq, ft. is considered the buildable land on this waterfront parcel in the R-80 Residential District. The northerly lot line lies along Long island Sound and measures 245.26 feet. The eastedy lot line measures275.68 feet, and is adjacent to a five foot wide legal R.O.W. along this boundary. The R.O.W. provides access to property containing a beach with deeded access dghts held in common with other property owners of lots created by the "Brlonngloid by the Sea" subdivision, as shown on a filed map, and also on the site survey submitted by the Applicant. The southerly lot line measures 300.35 feet, of which 205+/- feet is adjacent to a 50 foot wide legal right of way shared in common with two adjacent lots. The westerly lot line measures 294 feet. The parcel is improved with a 5,558.6+/- square foot, two-story single family dwelling, which is currently under construction, and which will include an attached garage. BASIS OF APPLICATION: Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009, Amended December 5, 2009, concerning the following proposed new construction: 1) The proposed accessory garage is not permiffed: a) with a setback less than 55 feet from the front yard line along the right-of-way; b) with a size that exceeds the code limitation of 750 square feet; 2) The proposed accessory pool structure is not permitted in the side yard when a front or rear yard location is code required. 3) The proposed swimming pool is not permitted in a side yard when a front yard or rear yard location is code-required. RELIEF REQUESTED; The requested variances are for: 1) an accessory garage at 25 feet from the ~'egal right of way, to be also partially situated in the side yard, and with the proposed garage measurement 1760 sq. ft., 2) an in-ground swimming pool and accessory pool structure, to be located in 83/25/2818 88:23 6317659864 ZONINGBDOFAPPEALS PAGE 83/86 RECEIVED P~D 2- M~J'~h 16, 2010 ~ ~,0 ~-~ ZBA ]:il~fi3~ -Stcve nnd Ol.~n Tenedles CTM: 1000-,23-144,10 ~ ] 732.7 Main Rd,, Ba.~t Marion BOARD OF APPEALS the side yard, with the proposed accessory pool structure and pergola measuring larger than the code required 750 sq. ft., and having dormers proposed to exceed 40% of the roof area. AMENDED APPLICATION: During the Oct.29, 2009 headng, the applicant was asked to bring the plan into more conformity with the code. The applicant on Dec. 15, 2009, based upon the iSSuance of an amended Notice of Disapproval dated Dec.5, 2009, submiffed a revised site plan dated Dec. 1, 2009. The revised site plan reduced the size of the proposed garage to 1120 square foot, by removing an attached 640 square foot pergola, aa had been originally proposed on the site plan survey drawn by Mark K. Schwartz, AIA, and dated July 1, 2009, which eliminated the necessity of the original variance regarding the partial side yard location. The revised site plan also reduced the size of the proposed accessory pool structure to 729 square foot by removing an attaohed 162 square foot pergola. The changes to the site plan were intended to bring the plan into more conformity with the codes. ADDITIONAL INFORMATION: The subject parcel is noted as being Lot 6 on a subdivision map of "Bdonngloid By The Sea approved by the Southold Town Planning Board on July17, 1978. The legal 50 foot R.O.W. sited in the Notice of Disapproval is drawn on this map, and is also drawn on the site survey filed by the Applicant. The owner of the two lots to the south of the subject property appeared at the Public Hearing in opposition to the application. More specifically, the basis for the opposition was the obstruction of the views to the north and the piecemeal approval of the residence and accessory structures on the property. It is noted that the adjoining property owner conceded that there were no restrictions in the subdivision approval restricting the obstruction of these views, nor were there any covenants on the applicant's property protecting the adjoining neighbors' views. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing for this application on Oct, 29, 2009, and continued on Jan. 21, 2010, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings relating to the proposed accessory garage: 1. Town Law .~267-b{3){bi{tL Grant of the variances for the proposed non-conforming 1120 square foot two-story garage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The size of this two-story garage would be almost twice the 750 square foot size permitted by Town Code since the enactment of Local Law #2-2007. The proposed front yard/ side yard location with only a 25 foot setback from an existing legal R.O.W., where Town Code requires a 55 foot setback, would create an additional detriment to near by property owners and the character of the neighborhood. The Board examined a profile of 27 existing accessory structures located within the adjacent residential neighborhood (as submitted by the applicant in their leffer to the Board dated December 15,2009, and found that while there are several non-conforming sized accessory structures in the neighborhood, they represent less than 15% of the total number of the existing structures. Of the 15% of these structures within the profile, most were constructed pdor to the 2007 amendment to the code. As this Board has recently found in its decision # 6331(Logan/Walker) dated 2/18/10. More than 85% of the existing accessory structures in the neighborhood are of Code-conforming size. The Board finds that the granting of such significant size and area variances for the new construction of a large non- conforming accessory garage, as requested by the Applicant, would be detrimental to the character of this residential neighborhood. 2. Town Law §267-b(3}(bi{2L The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Board finds that the Applicant could locate and construct an accessory garage on the property in a conforming area, and be of a size that did conform to Town Code, 83/25/2818 88:23 6317B59064 Page 3-- Mar~ 16, 20t0 7~$^ Rt~6323 - S~cvc a~ OIga T~ncdios CTM: 1000-2~-1-14.10 ,a, 17327 Main Rd., East Marion ZONINGBDOFAPPEALS PAGE 84/86 RECEIVED BOARD OF APPEALS 3. Town Law &267-bt3tib)¢31. The variances requested, if granted, are very substantial. The applicant requests a 49% +/- building size variance; and an additional 54% +/- front yard setback area variance, for the proposed two-story garage. The Board finds that the granting of the variances to this Applicant for such proposed new construction is not in accordance with the overall intent of Town Code, particularly as expressed by Local Law~2-2007, regarding the bulk size of permitted accessory structures, and that the variances requested are not within the customary parameters of relief requested for the granting of variances for such proposed new construction. 4. Town Law &267-b(3)(b)(4). Verbal and written testimony has been submitted to euggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. From a physical or aesthetic perspective the applicant's proposed accessory structures would have a negative impact on the conditions in the neighborhood. There is no indication that these proposed structures will in any way conform to the character of this neighborhood and settle in unnoticed among the other homes and lots in the area. Rather, applicant's proposal, if approved, will constitute a step towards altering the landscape of thie community forever, since a granting of a variance for an oversized garage here will, no doubt, raise similar requests that may not be easily distinguishable. 5. Town Law 6267-b(3i{b)($L The difficulty has been self-created. The Applicant could construct a Code-conforming garage on this property. While the Applicant's representative testified that the Applicant required a 1120 sq. ft. for their collection of antique cars, personal convenience ia not a basis for this Board to grant applicant's requested relief, especially where, as here, it would be to the detriment of the character of this residential neighborhood. 6. Town Law §267-b. Grant of the requested variances is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two-story garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RE~SOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test ~nder New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to DENY, the variances for the proposed accessory garage as applied for and as amended, shown on Site Plan, labeled S-1 received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, and proposed garage and pool house Architectural Plans received Dec. 15, 2009, prepared by Mark K Schwartz, AIA, dated December 1, 2009, labeled A-l, A-2 and A-3. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). (Absent was: Member Homing) This Resolution was duly adopted (3-0-I)_ Member Dinizio abstained. On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings relating to the proposed swimming pool and one story accessory pooh structure: 1. Town Law 6267-b~3Wb)~tL Grant of the va#ances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby propertiee. A swimming pool and related pool accessory structure is customary in the Residential District, and in this neighborhood. 2. Town_Law &267.b¢3Wb){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 rear yard of this Applicant 83/25/2818 88:23 6317659064 ZONINGBDOFAPPEALS PAGE 85/06 RECEIVED Pal~ 4- Ma~h 16, 2010 ZBA Filc~63:23 - 8tc'v¢ Md Olga Tcn~d,~ ~ ~ 0 ~; 1000-~4 ~l 4, ] 0 at 17327 Main Rd., ~t Marion BOARD OF APPEALS lies almost entirely within e Coastal Erosion Hazard and Flood Zone, and as such is not suitable for any construction. The Applicant's proposed d~veway will occupy most ~ the front yard, where alternatively, a Coda confe~ing swimming pool could be constructed, 8in~ the Applicant did not pmpcee to Io~te the pool in a pa~ of the front yard. n side ya~ placeme~ is the only feasible location for such proposed pool and ndja~nt accesso~ pool stru~ure, 3. Town Law ~267*b~3)lb}{3). The variances granted herein are not substantial. Although the proposed swimming pool and accessory pool structure will be located in the side yard, no other variances are required. 4. Town Law 6267-b13){bl{41 No evidence has been submitted to suggest that the variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law &267-b¢3){b)lSL The difficulty has not been self-created. The Applicant could not locate a swimming pool and pool house within a conforming front yard area due to the existing right of way and the existing septic system 6. Town Law ~ Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool and one-story pool house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairman), seconded by Member Schneider, and duly carded, to GRANT, the variance as applied for, for the proposed swimming pool and accessory pool structure, as shown on Site Plan, labeled S-1 received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, and proposed garage and pool house Architectural Plans received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, labeled A-I, A-2 and A-3, subject to the following conditions; 1. The pool accessory structure shall remain unheated and un-air-conditioned and to be used seasonally only. 2. No habitable space, sleeping or cooking facilities shall be allowed in the pool accessory structure. 3. Installation of a drywall for pool water backwash is required. 4. Poor mechanical equipment must be housed in a soundproof container. That the above conditions be written into the Building Inspector's Cer#ficate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. o3/25/2oio 08:23 63176§9064 ZONINGBDOFAPPEALS PAGE 06/06 RECEIVED Page 5- March 1.6, 2010 ZBA FiletS6323 - Steve and Olsa Tencdios CTM; 1000-23-1-14,10 at 17327 Main Rd., 15,'tst Marion ~OARD OF APPEALS Vote of the Board: Ayes: Members Goehringer. Schneider, Weisman (Chairperson). (Absent was: Member Horning) This Resolution was duly adopted (3-0-1). Member Dinizio abstained. Leslie Kanes Weisman, C,hairper$on Approved for filing C~/~' /2010 / 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 June 16, 2010 Zoning Appeal No. 6407 Transmitted herewith is Zoning Appeals No. 6407 of Patricia Moore for Steve & Olga Tenedios - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Cover Letter from Patricia C Moore Dated June 14, 2010, Authorization Letter from Steven & Olga Tenedios to Patricia Moore to Represent Them in this Matter, Copy of Application for Building Department Dated June 1, 2010, Notice of Disapproval from Building Department Dated June 11, 2010, 2 Pages of Covenants & Restrictions for Bringloid Acres At East Marion, 2 Pages of Property Record Cards, Copy of Board of Appeals Findings & Determinations ZBA #6323 Dated March 16, 2010, 2 Pages of Plans Showing Elevations & Floor Plans Dated May 28, 2010 Prepared by Mark Schwartz AIA, Site Plan Showing Existing & Proposed Construction Dated May 28, 2010 Prepared by mark Schwartz AIA. t~'own of Southold P,O Box 1179 Southold, NY 11971 Date: 06/16/10 * * * RECEIPT * * * Receipt'8: 83710 Transaction(s): 1 1 Application Fees Reference Subtotal 6407 $400.00 Check#: 8429 Total Paid: $400.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6407 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 26, 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 1t79, Southold, New York 11971-0959, on THURSDAY, AUGUST 267 2010: 9:30 AM - Steve and Ol.qa Tenedios #6407: Request for Variance from Code Section 280- 15(F), based on an application for building permit and the Building Inspector's June tl, 2010 Notice of Disapproval, concerning proposed two story two car accessory garage, 1) location in a side yard when a front yard or rear yard location is code-required on a waterfront parcel, at: 17327 Main Rd., East Marion. SCTM#1000-23-1-14.10. 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 (63t) 765-1809, or by emaih Vic ki.Toth~.Town. Southold. ny. us. Dated: August 2, 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 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.north fork.net July 30, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, August 26, 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 August 9th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, 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 hearing, providing the returned letter to us as soon as possible; AND not later than August '16th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along 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 August 18st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt 'by our office before August 24, 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 TENEDIOS, S. & O. #6407 MAP # 23-1-14.10 VARIANCE YARD LOCATION REQUEST ACCESSORY 2 STORY GARAGE DATE: THURS, AUG. 26, 2010 9:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 9885 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 12Ih dayof Auqust, 2010. Principal Clerk Sworn to before me this TOWN ZONING BOARD OF AP- aad the Building lasoector'S~pro con~MMav 26., C.R. 48 (a/k/a North Road or Middle ~C-~_..~r, ,P?i~D~r.,_~st(adj. towe~La~) NOTAI~¥ PUBLIC.-SIA'fE OF NEW YOI~K No. 0'~-VO6~ 05050 ©uo!!fied In Sulfo~k Courtly My Commission Expires February 28. 2012 ~ PM - JOHN mM DANIEl,LA ]~.~c~l~is~t_Location of Property: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 10004744. Requests for Variances under Sections 2~0q16-B and 280-124, based on the Building Inspector's April 20, 2010 No- ti~e of Disapp~val concerning an ap- plication for reconstruction and second ~_a. dditioni which new consmlctio~ __~ than the eode-reqCred mini- mrna of 75 flint from the bulkhead. 5) less than 35 feet from the fanmt lot liae, 3} l~..~ thm~ 35 feet f~ma the rear 4) less than 25 feet for bo~ (eom- ~) minimum side yard setbacks. $3 exc~ds the code timitation 0f maximum'10t coverage (building area), Cat.over'Hearings, contiaue~ ~ in'ior meetings and pending additioaal iof~rmatiom &djourued from I'ublie Hea~ May L'~0 PM ORIENT FIRE DISTRIC'F ~[~,_(adj, from May 20, 2010 PH) Re- 280-700) based on an application for equipment, and the Building Ins0ector's August 13, 2009, amended December 8, 2009, updated March 4, 2010 ~ of exceeding fha eo~ r~ll~n~ --,.-~--- hai~ht of 45 feet a~d the prior hai~ht gsanted ~ff 90 feet; at 23300 Mare Rd. and A~ljommed from P~blie Ilemial Adjoamed from Publie Heating .lane BY: Vidal'loth ' ~ MaCRoad (Mam~/USl~) Southald, NY 11971-095~ 9885-1T ZONING BOARD Of APPE/-~ES , TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of STEVE & OLGA TENEDIOS (Name of Applicant) SCTM Parcel #1000~23-1-14.10 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS~ECEIVED BOARD OF APPEALS 1, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On thc~ day of August, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, **or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. ** address listed with the assessors was incomplete due to exemption status, alternate address used as follows: B~ETSY PER II~S Sworn to before me this /c~ 7-/-/ day of August, 2010 ~ (N(~'tary Publ[(~)__ ,, N/ARGAFtET C RUTK©W..,~I Notary PubJic, ~;t ,, ',,e,v York Qualified in Sut~. ~ -~ountv Commissio,q E.x~jr~s J,Jn~ :3. '~[q// . PLEASE list, on the back of th~s ,~moavl[ oron e,-~o, ee[ of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. TENEDIOS NEIGHBOR LIST SCTM: 1000-23-1-14.10 IOANNOU QUALIFIED PERSONAL RESIDENCE TRUST C/O IOANNOU 105 BEVERLY ROAD DOUGLASTON NY 11363 SCTM: 1000-23-1-14.7 GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 SCTM: 1000-23-1-14.8 GEORGE STANKEVICH 74 MONTAUK ItWY, STE 22 EAST HAMPTON NY 11937 SCTM: 1000-23-1-14.9 NYS OFFICE OF PARKS, RECREATION & HISTORIC PRESERVATION PO BOX 189 WATERFORD NY 12188-0189 SCTM: 1000-23-1-22 RECEIPT RECEIPT RECEIPT FROM: FROM: FROM: RECEIPT 7192 6483 3110 0000 7576 FROM: PATRICIA C MOORE RE: SEND TO: IOANNOU QUALIFIED PERSON/ [OANNOU 105 BEVERLY ROAD DOUGLASTON NY 113~3 FEES: TOTAL $ 5.54 POSTMARK OR DATE SEND TO: SEND TO: GEORGE BTANKEVICH 74 MONTAUK HVVY, STE 22 EAST HAMPTON NY 11937 FEES: FEES: TOTAL $ 5.54 TOTAL $ 5.54 POSTMARK OR DATE POSTMARK OR DATE SEND TO: NYB OFFICE OF PARKS, RECRI & HISTORIC PRESERVATION PO BOX 189 WA3'ERFORD NY 12188~0189 FEES: Postage o 44 TOTAL $ 5.54 POSTMARK OR DATE PATRICIA C. MOORE 4. Restlicted Delively? 3.$e~i~e'~y~)~ ....... ~ r I 2. Article Number I 7192 6463 3110 0000 7569 X /(/ ,, ~Rece~y."'L~ (Please P~nt'G.arly) 7192 6463 3110 0000 7569 C. Date of Deli~ ~ D. Addressee'sAddress(~D~ntFmm~dd~**u~ys.=~.~ GEORGE ~TANKEV[CH 7q ~ONTAUK H~Y~ ~TE ~E ~ PATRICIA C · MOORE 4. Restricted Delivery~ 3. Se~i~ Type '~ ~ 51O20 MAIN ROAD I ~ SOUTHOLD NY 11971 ] (Extra Fee) ~ Yes J CERTIFIED ~2 Art~m~r ~ ~ 63 3 10 0000 7552 or [] Agent) 31early) C. Date of Del' e~y 7192 6463 3110 0000 7552 t. Article Addressed To: .~.~ GEORGE STANKEVICH 74 MONTAUK HWY, STE 22 EAST HAMPTON NY 11937 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 7576 Addressed To: OFFICE OF PARKS, RECREATION ISTORIC PRESERVATION OX 189 RFORD NY 12188-0189 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of STEVE & OLGA TENEDIOS AFFIDAVIT OF SIGN POSTING RECEIVED Regarding Posting of Sign Upon Applicant's Land Identified as 1000-23-1-14.10 AUG 2 5 20!I~ BOARD OF APPEALS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold New York 11971 being duly sworn, depose and say that: On the /~ d~aay of August, 2010, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, August 26, 2010. Patricia C. Moore Sworn to before me this /,ust, 2010. *near the entrance or driveway entrance of the property, as the area most visible to passersby. Off~ce 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 June 15, 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 XIV of the Suffolk County Administrative Code: ZBA File # 6407 Owner/Applicant: Tenedios, Steve and Olga Action Requested: Construction of new accessory 2 story 2 car garage. Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) (X) 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 ~eisman /~, By: ~6'A ,,~v, (..~-v ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 October 12, 2010 Patricia Moore, Esq. 51020 Main Rd. Southold, NY 11971 Re: ZBA # 6407, Tenedios Dear Ms. Moore: 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. SincertSl~,~\ Vicki Toth Encl. Cc: Building Dept. F.B. 26 ~.D. GO P.D. 65 L.D. ~ Ii ~~ ~ LAND OF THE STATE 5UFFOkK COUNTY lAX MAP No.: ~ ,.:,j ? S 56"27'30" W 300.354' ~ ~' ~ 200 CU. VD '.('~ '.i',: PROPOSED 0 ~ ~o ..~o~ (VACANT) ~..~,~. 25' WIDE R.O.W. JUN 1 d 2010