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Home My WebLink About6442 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 · 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 RECEIVED 2 S 2011 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2011 ZBA FILE: 6442 NAME OF APPLICANT: PROPERTY LOCATION: West Creek Avenue Trust 1295 West Creek Ave. (Holden Ave.), Cutchogue SCTM 1000-103-13-30 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 January 4, 2011 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.' Subject parcel is a 60,000 sq. ft. lot with two front yards. It is improved with a two story single family dwelling with attached garage and accessory in-ground swimming pool. It has 200.00 feet on West Creek Ave., 300.00 feet along the north property line, 200.00 feet along Holden Ave., and 300.00 feet on the south property line as shown on the survey prepared 9/28/10 by John C. Ehlers LS. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application for "as built" accessory in-ground swimming pool at; 1) location other than the code required rear yard RELIEF REQUESTED: The applicant requests a variance for an existing in-ground swimming pool in a front yard where the code requires a rear yard location. ADDITIONAL INFORMATION: The Applicant's attorney has testified that the applicant, who is Trustee of the West Creek Avenue Trust for the Todebush family, has no knowledge about how the swimming pool was constructed in 2001-2002 without proper permits. Page 2 - Janua~ 19, 2011 ZBA File#6442 - West Creek Avenue Trust CTM: 1000-103-13-30 F1NDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 6, 2011, 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: Town Law §267-b{3}{b)(l} Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant has a lot of 60,000 sq. It, which is the largest lot in the immediate area, with two front yards. The pool is heavily screened from view by mature landscaping along both side yards, with hedgerow along Holden Avenue, and from West Creek Avenue by the dwelling on the subject property. It is set back 121 feet from Holden Avenue, in an area that serves as the architectural rear yard of the dwelling. Town Law §267-bO)(b)(2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The swimming pool meets all setbacks, with the exception of its placement in the second front yard area. It is existing on the property, the expense to move it is unreasonable, and there is no code conforming rear yard available. Town Law §267-b(3){b)(3) The variance granted herein is not substantial. The as built pool is located in the architectural rear yard of the subject property and meets all code required setbacks. Town Law §267-b{3)(b){4) The alleged difficulty is self created. The pool was built without benefit of proper permits and placed in the front yard without applying for variance relief. Town Law §267-b{3)(b}{5) There is no evidence submitted to suggest that the granting of this swimming pool will have an adverse impact on the physical or environmental conditions of the neighborhood. The pool is well screened and has existed in this location for years with no complaints. Town Law §267-b Grant of the requested relief is the minimum action necessaJy and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test, motion by Weisman (Chairperson), and seconded by Member Dinizio, and duly carried to; GRANT~ the variance as applied for, and shown on the survey prepared 9/28/10 by John C. Ehlers LS. 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 - January 19,2011 ZBA File#6442 - West Creek Avenue Trust CTM: 1000-103-13-30 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 naiure for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Schneider. (Absent was: Member Goehringer) (Member Homing by telephone, no voting right.) This Resolution was duly adopted (3-0). Leslie Kanes Weism~an, Cha~,.rson Approved for filin~)~/),S /2011 SUF~'r' Ot= 51TUATE: FLEET~ NEOK TO~N= 50UTHOLD SUFFOLK COUNTY, NY REVIE~D FOR POOL E~=FOLK OOUNTY TAX I000~10~-I~-~0 WF_~T CR.E~K AVENUE ~UST CHICAC~O 'i['~HFL~ ~S~CE COMPAI~Y NOTES~ h~2NU~NT FOUND At~EA = ~O/:)OO 5F OR I.~ AORES ®W. APHIO ~-.,ALE 1"=40' N No~h Croee Eoa~,, ~ - .~'"~/I:'I~iAL MAP __ ~ ~E DEC O1 ~010 BOARD OF APPEALS ¢ Now or Formerl9 oF Ann i'4L.O~eene~j ~ John K. S~eene~ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-C:\Documents and Settings\OwnerWIy DocumentsWIy Dropbox\02\02\02-182 final pool.pro DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE ~,oARD o1: APPEAL~ THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING December 29, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections Al4-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Todebush, Peter 4170 Indian Neck Holding LLC Amzen, Nancy D. #6442 #6443 #6446 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) 853.4044 TO: Richnrd'F. Lark for peter Todebush P O Box 973 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2010 ED DEC 01 20i0 BOARD OF APPEALS Please take notice that your application dated Octobe~ 6, 2010 For a permit fur construction of an "ss built" accsssory inground pool at Location of property: 1295 West Creek Avenue, Cutchogue, NY County Tax Map No. 1000 - Section 103 Block 13 Lot 30 Is returned herewith and disapproved on the tbllowing grounds: The "as built" construction of an accessory inground swimmin~ uool. is not mmnitted pursuant to Article IH. 280-15 wMch states: "In thc case AC District & Low Density. Resid~tial RS0,...Districts. accessory buildings & stru~ures or other acce~orv uses shall be located in the required rear yard. subject to ..." The "as built" a~cessorv in.round swimmin~ ~ool is located in a front yard. Authorized Signature RECEZYED Pods · b~ Poul Guilio DEC 0 1 2010 BOARD OF APPEALS Name ,o~ ,.,,, .. Acidress I~c~'- [,~-~,d-~'~-g-J- ~--, Permit Rec. =hone ~ Bus. ~ Map Coot. Map Cross St. Extras In Addition To Contract Rate Truck Time Hrly. Rate Machine Time Fiat Rate Grade agreed upon ~? Stakeout # Approx. Time Size , Steel ' ~er Location Deep End ~ S,~-.~ T = Tree o~, t~,, ~,.~ -f~ ~.- -~v~¢- ~----~.~{~-,J ~.~ ~ X = Stump - ' ~uck Cleamn~ O ~ ~ F = Filter Commen~: ~ I~ ~ ~' = ~ ~ ~ ~ C = Ce~ol ~n~ to be moved ~ D = ~e~l ~ ~ ' ~c & Wmer ~ Pre.red by: ~et5 ~o~ D~e ~ D ' Cu~mer ~.daes m~im of. cow of this ~ ~a~m ..a hem~ ~r~ ~ ~.~ ~ ~ ~.~f 0 ~ -~ there. ~ . x Fee: $ Filed By: Assignment No. APPLICATION TO THE $OUTHOLD TOWN BOARD OF APPEALS House No. 1295 Street West Creek Avenue Hamlet Cutchogue SCTM 1000 Section 1 03 Block 13 Lot(s) 30 0 1 2010 i~OARD OF APpF. AL~ Lot Size 60,000 sq ft Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED o~tot~r ~4, 20~0 BASED ON SURVEY/SITE PLAN DATED os-2a-02 ~e~ 0~-2~-~0. Peter M. Todebush as surviving Trustee of the West Creek Avenue Trust Applicant(s)/Owner(s): P.O. Box 265, Cutchogue, NY 11935 Mailing Address: Telephone: (631) 734-6023 Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's afforney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Lark & Folts, Esqs. for~wnel~Other: Name of Representative: P.O. Box 973, Cutchogue, NY 11935 Address: Telephone: (631) 734-6807 Fax: (631) 734-5651 Email: LarkandFolts@aol.com Please check to specify who yotLl~t correspondence to be mailed to, fro. il~e above names: ~ApplicantJOwner(s), ~]nuthorized Representative,u Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 0~-2&~o and DENIED AN APPLICATION DATED October5,2010 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ,~ Section: 280-15 Subsection: Type of A~.~peal. An Appeal is made for: I~lA 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, [] has not been made at any time with respect to this orooert~. UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our o. ffice for assistance) Name of Owner: Peter M. Todebush as Surviving Trustee of the West Creek Avenue Trust ZBA File # DEC 01 ZO10 REASONS FOR APPEAL: 8OARD OF APPEALS Your applicant is a Florida resident and surviving Trustee of the West Creek Avenue Trust dated 10/24/86 of which this property is the principal asset. Originally, the property was purchased by my parents in 1948 from the George H. Fleet Estate. When the property was originally purchased, Holden Avenue did not exist as the easterly boundary. When the surrounding property was subdivided into individual lots Holden Avenue became the easterly boundary. The Trust was created so the Todebush family would have continual use of the house and the property on a year-round basis. The Trust in 2002 constructed a 21 by 40 foot in-ground pool in what was considered the rear yard of the property. This year in straightening out and updating the Trust documents, it was discovered this pool was done without a permit. When I went to apply for a permit, I was informed the pool for zoning purposes was located in a front yard area and therefore not allowed. Hence this area variance application. 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: a swimming pool is a permitted accessory residential use; notwithstanding the zoning ordinance, the swimming pool is located in the "actual" rear yard of this property, retaining the residential character of the neighborhood. (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: as observed from the 9-28-2010 survey of the property, the two-story frame house and garage face west on West Creek Avenue with a 59 foot front yard setback. The Zoning Ordinance requires accessory structures such as a pool to be placed in the rear yard area which presents a "Catch 22" situation as the only feasible place to locate a swimming pool, without intruding on the neighbor's privacy, is to locate it in its present location which the zoning ordinance defines as the front yard. (3) The amount of relief requested is not substantial because: other than its existing location in the rear of the house, there is no other place to locate the swimming pool even though technically located in the front yard with a 121 foot setback. Due to the zoning definitions, there is no rear yard on this property and therefore a variance is required. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: due to the landscaping on the surrounding properties and on Holden Avenue, the pool in its present location is virtually invisible thereby creating no impact to the physical condition of the neighborhood. (5) Has the alleged difficulty been self-created? ~ Yes, or ED No. The applicant is requesting the Board's forgiveness in not obtaining a permit when the pool was constructed. Are there Covenants and Restrictions concerning this land: ~ No. ~ Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same tim?.~pre:erve and protect the character of the neighborhood and the health, safety, ~~/~c0~ity. Peter M. Todebush as-Surviving~I'rustee of the West Creek Avenue Trust Sworn to before me this 26th day of November, 2010 Notary Public Cemm~n E~lm~ O~L ~ ,.ag~z~ "~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Peter M. Todebush as Surviving Trustee Applicant: of the West Creek Avenue Trust Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: N/A 11-26-2010 ~ECEIVED J;~,~.~,;~O OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/^ Dimensions of new second floor: N/^ Dimensions of flour above second level: N/^ Height (from finished ground to top of ridge): N/^ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/^ III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: +/- 2,924 square lsat Proposed increase of building coverage: +/- 872 square feet as-built 21 f. by 40 f. swimming pool Square footage of your lot: 60,000 square feet Percentage of coverage of your ]ot by building area: Less than 7 percent ( +/- 6.3 percent) V. Purpose of New Construction: Location of an accessory swimming pool as shown on the 9-28-2010 survey. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Property is generally fiat. No marsh or wetlands are on the property or immediately adjacent properties. 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 ~ECEIVED ~OARD OF APPEALS e st~t premises listed on the real estate market for sale? es I~/~No B. Are there any proposals to change or alter land contours? ~No ~Yes, please explain on attached sheet. C. l) 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? N/A - no bulkhead 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/^ 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? N/^ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: N/^ 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 res~denbal H. Please list present use or operations conducted at this parcel ' ' · and proposed use same with accessory swimming pool~ /(~aglple .~existing: single-family; proposed: same with garage or pool, or other description.) , . . o Authorized Signature and Date 2/05; 1/07 RECEXVED PROJECT I.D. NUMaER 1 617.20 Appendix C DEC 0 ] ? QR State Environmental Quality Review ~AEDDFAPPEALS SHORT ENVIRONMENTAL ASSESSMENT 'ORM- For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION ('To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME West Creek Avenue Trust I Rear yard swimming pool 3. PROJECT LOCATION; MunlClplllty Cutcho~ue County Suffolk 1295 West Creek Avenue, Cutchogue, New York 11935 (SCTM #1000-103.00-13.00-030.000) E~ New ["-1 E.xoanslon [] Modification/alteration Obtain a Certificate of Occupancy for existing in-ground swimming pool. 7. AMOUNT OF LAND AFFECTED: Initially 1.38 ~c~es UltimAtely ,, 1.38 8. WILL PROPOSED ACTION COMPLY WITH E3(I~'rlNG ZONING OR OTHER ~FING LAND USE FIE~TRICT~ON~ [] Yes r~ No II NO, ~le~rtbe Zoning Ordinance defines swimming pool location being in front yard. 9. WHAT IS PRE~ENT lAND USE IN VICINITY OF PROJECT? 11. 00~ A~ ~ OF THE A~ON ~ A ~R~Y V~D PErU ~ y~ ~ ~ If ~ lint ~ ~ ~ ~l~p~ Peter M. Todebush as Survivin~ Trustee ~;~l~u~.~ .~of the West Creek Avenue Trust ~t~ 11/26/10 If the action Is in the Coastal Ares, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART U--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) DEC 0 ]. Z0'~Q A DOES ACTION EXCEED ANY TYPE ~ THRESHOLD IN 6 NYCRR. PART 617.47 If yes. coo~cimate tr~e rev,aw process aec us - ' 2.yes ~ aOARD 6~ B. WILL ACT[ON RECEIVE COORDINATED REVIEW AS PROVIDFD FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.E'~ If NC. a negative Oec[aratlO~ may be suoerseOed by anolhet involveC agency. -.. Yes ~ NO C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; JAr.were may oe hanOwr~nen, il legiDle) C5. GrowH1. suDSec~uent develoDmenL ot telate~ aclivities likely 1o be inOuced by the Dtooosed action? EXl01ain Driefly. C7. Other impacts (including changes in use o1 eltller quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? [] Yes [] No E. IS THERE, OR IS THERE L~KELY TO SE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? {'~ Yes [] NO If Yea, explain Di'Mfly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency} INSTRUC13ON$: For each adverse effect identified above, determine whether i~is substantial, large, important or otherwise signiticant. Eacb effect should be assessed in connection with its (a) setting (i.e. u~oen ot rural}; (b) probability of occurring; (c) duration; (d) irrevereibillty; (e) geographic sco~e; and (t) magnitude. If nececsa~/, add attachments or reference supporting materials. Ensure that exolanations contain sufficient detail to sho~ that all relevant adverse impacts have been identllied and adequately addressed. If* question D of Part II was checked yes, the cleterminatlon aha significance must evaluate the potential impact of the proposed action . on the environmental characteristics Of the CEA. {~ Check this box if you have identified one or more potentially large or significant adverse inf~i~,cts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD DEC 0 1 2010 ~30ARD OF APPEALS Y~I-IEN TO USE THIS FORM: The forrn must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm opera(ion located in agricultural distric~ Ali applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the GeneralMunicO~al Law. l) Name ofApplieant: Peter M. Todebush as surviving Trustee of the West Creek Avenue Trust 2)AddressofApplicant:P.O. Box z6b, Cutchogue, NY 11935 3) Name of Land Owner (if other than applicant): same 4) Address of Land Owner: same 5) Description of Proposed Project: Location of Accessory Swimming Pool 6) Location of Property (road and mx map number): t295 West Creek Ave; 1000-103-13-30 7) Is the parcel within an agricultural district? ~]No l-lYes If yes, Agricultural District Number N/A 8) Is this parcel actively farmed? ['gNo [[]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. N/A - Not in an Agricultural District Name and Address 1. (Please use back side of page if more than six property owners are identified.) The lot n/u~nbers maff~trc~obtained, in advance, when requested from 765-193~r ~e Z/6ni~g Board of Appeals at 765-1809. ,, , o,o ' Si~a~of Applic~ ~ either the Office of the Planning Board at Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant end/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 SACTIONAL DISCLOSURE (FOR SUBMISSION BY OWNER andOWNER'S AGENT) 0EC 0 1 ~010 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of To~1¢~¥~c1~1~ A~PF~L~ 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: Peter M. Todebush as surviving Trustee of the West Creek Avenue Trust (Last name, fa'st name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Special Exception If "Other", name the activity:. Change of Zone I J Approval of PlatL I Exemption fi.om Plat or Official Map [ 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. No [ ,/ J 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): [ t [ 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 J D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~26thda~ November, 2010 Signature: ~X.a ,/~ Print Name: Peter M. Todebush APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BEC 0 1 2010 BOARD OF APPEALS The Town of Southold's Code of Ethias orohibits conflicts of interest on the oma of town officers and emolovees. The oumose of this form is to orovide information which can alert the town of ~ossible conflicts of interest and allow it to take whatever action is necossarv to avoid same. YOURNAME: Lark, Ri. chard F. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person's or company's name.) ' NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (I f"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares YES NO X If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed b3 the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appmptiate line A) through D} and/or describe in the space provided The town officer or employee or his or her spouse, sibling, parent, or child is (check alt 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 ;finny interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, panner, or employee of the applicant: or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this 1st ~l,~ofI)ec_~e.~be.r /f:~ 2010 Signature PrintName Richard F. Latr~ Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECLe'~,ED DEC 0 1 2010 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 assessmem 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 Waterfxont 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 of Trustees Office, the Planning Depathiiem, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 103 13 30 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~-~ Building Dept. ~-~ Board ofTrustees ~-~ ZBA ( 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: Nature and extent of action: Accessory swimming pool location behind the existing dwelling in a residential neighborhood. Location of action: Site acreage:_ Present land use: Present zoning classification: RECE~/ED 1295 West Creek Avenue, Cutchogue, Town of Southold, N~EC 0 1 2010 60,000 square feet Residential R-40 80ARD OF APPEALS 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: Peter M. Todebush as surviving Trustee of the West Creek Avenue Trust. (b) Mallingaddress: PO Box 265, Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) (631) 734-6023 (d) Application number, if any: i~/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ If yes, which state or federal agency?_ 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 LWRP Section III - Policies; Page 2 for evaluation criteria. ~ Yes ~ No ~ (Not Applicable- please explain) The applicant's property is not located in the LWRP and is not waterfront property. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes ~'~ No ~-] (Not Applicable - please explain) Attach additional sheets if necessary OUaKU UF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [-~ Yes ~ No ~ (Not Applicable - please explain) The applicant's property is not regulated by the LWRP and is not waterfront property. Attach additional sheets if necessary 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 16 for evaluation criteria ~ Yes ~ No ~ (Not Applicable - please expla?2 (Same reasons as Policy 3) Not waterfront prop rty. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes ~-~ No ~ (Not Applicable - please explain) Not waterfront property. Attach additional sheets if necessary 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 32 for evaluation criteria. [] Yes ~ No ~-~ (Not Applicable - please explain) Not waterfront property. DEC 0 1 ~3OARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. ~-~ Yes ~-~ No ~ (Not Applicable - please explain) Not waterfront property and not regulated by LWRP. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ No [] (Not Applicable - please explain) Not waterfront property and not regulated by 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 LW'RP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) Not waterfront property and not regulated by LWRP. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wa - ependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No ~-~ (Not Applicable - please explain) ~o c/~_ Not waterfront property and not regulated by LWRP. RECEIVED g~.L, O I Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~] No ~ Not Applicable - please explain Not waterfront property and not regulated by LWRP. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No [] Not Applicable - please explain Not waterfront property and not regulated by LWRP. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No [] Not Applicable - please explain Not waterfront property and not regulated by LWRP. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-680? Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com RICHARD F, LARK MARY LOU FOLTS Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Application of Peter M. West Creek Avenue Trust Dear Ms. Weisman: ~ECE~VED DEC 0 1 2010 8OARD OF APPEALS November 29, 2010 Todebush as Surviving Trustee of the (SCTM %1000-103.00-13.00-030.000) In connection with the above-captioned application, I am enclosing eight (8) sets of the following: 1. Building Inspector's Notice of Disapproval dated 10/14/10. 2. Application for an Area Variance and Consent Form of Owner. 3. Survey dated 09-28-2010. 4. Building Diagram of swimming pool. 5. Applicant's Project Description with labeled photos. 6. ZBA Questionnaire. 7. Agricultural Data Statement. 8. Applicant Transactional Disclosure Forms of Owner and Agent. 9. Town of Southold Property Record Card. 10. LWRP form. 11. Short Environmental Assessment Form. 12. Check payable to Town of Southold in the amount of $400.00 for the filing fee. If there is anything else you need, kindly give me a call. Very truly yours, Enclosures ~R~chard F. La~J~ PETER M. TODEBUSH WEST CREEK AVENUE TRUST 1295 WEST CREEK AVENUE CUTCHOGUE, NEW YORK 11935 ~ECE~VED 0 ~OARD OF APPEALS November 26, 2010 Southold Town Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Dear Sir: I hereby consent to Richard F. Lark, Esq. of Lark & Folts, Esqs. to represent me in my variance application to the Southold Town Zoning Board of Appeals for a Certificate of Occupancy for an existing in-ground swimming pool. Very truly yours, ~ ee~. ~~ng Trustee of the West Creek Avenue Trust LARK & FOLTS Attorneys st Law 2878s MAIN BDAD PO BOX993 CUTCHOGUE, NEW YORK II93~ Tel~. No. (631) ?34-680? Fax No:. (631) 734-5651 E-mail: LadmndFo~Omol.com RECEI'~ED DEC 0 1 2010 ~OARD OF APPEALS RICHARD F. LARK October 4, 2010 MicHael J. Verity, Chief Building Inspector Southold Town Building Department 54375 Route 25 P.O. Box 1179 Southold, NY 11971 RE: 1295 West Creek Avenue, Cutchogue, New York Dear Mr. Verity: Enclosed are Peter M. Todebush's Applications for Buildin¢ Permit ~nd Certificate of Occupancy, as surviving Trustee of the West Creek Avenue Trust, for the "as built" swimming pool. Mr. Todebush estimates the swiming pool was built in late 2001 or in 2002. If there is anything else you need, do not hesitate to contact me. Ver~, t~ruly, Your.4, RFL/bd Enclosures P.S. Also enclosed are checks of Peter N. Todebush for the filins fees , for the Building Pe~t ($500.00) and the Certificate of Occupancy ($50.00), ~:JoARD oF APPEAI-~ FormN&6 TOWN OF SOUTHOLD BUn.DING DEPARTMENT 76S-1802 APPLICATION FOR CERTIFICATE OF OCCUPAN( OCT 6 2010 BLOC~ DEPT. TOWN OF SOUTHOLO TI~ ~pllcafion must be ~ in by typew~2r or i~k ~d ~mit2d m fl~ Bull&in5 De~ttm~mt with the following: A. For new building or new use: 1. 2. 3. 4. 5. Final survey of property with ~ location of ~11 buildings, p~opefly lines, slzmts, and unusual natural or topoaz~hio f~mu~. Fiml A~uwl from Hmlth D~pL ofwa~*supply and s~veoge-diaposal (S-9 fonn)..' Approwl of deoUical inmll~o~ from Bo~rd of Fire Und~wri~. Sworn statement Dom plumier ce~ffying iht the solder used in systm CO~in* less th,n 2/10 of 1% lead. of Code Compliance from srchll~ct or mglne~r reaponm~ule for ~he building. 6. Submit Phumi~ Bo~'d App~ of completed sim plea mluil~m~s. B. For e~b~ng bufldlnp (pFIor to April 9, I~T) non-conforming uses, or bundbp trod "P~'~d~: 1. Accume surveY of ~,~of, my showing all propet~ line~, streets, builai,,~ and unusual nnttmd or topographic 2. A P,ug, etly completed application and · consmt to impect signed by tho applicant If a Ceflificate of Occupancy is denied, thc Bnildin~ hapector ~h,ll state the rmsons th~efor in writing to the applicant. C. Feel 1. C..eflific~t~ of Occupsney. New dwe11in~ $25.00, A_,~aifiom io dwellln~ $25.00, Al~'alions to dwelling $25.00, 8w:..~,~_~ pool $2~.00, .~e~s~y tndlain~ $25.00, Additions to accessm'y buildln~ $25.00, Businesses $50.00. 2. Cestifr~teofOccupm~toaPre-exisensBuila!~- $100.00 3. Copy of Certificm of Occupancy - S~S.00 4. Updated Ceflificm of Occapancy- 5. Tempomy Certifioate of Occupancy. Residential $15.00, Comme~ial S15.00 1295 West Creek Avenue House No. Street Location of l~lty: October 5't 2010 (check eael Cutchosue Owne~orOwnersofPropefly: Peter H. Todebueh, as Survtvin8 Trustee of the West Creek Avenue TX'USC Suffolk County Tax Map No 1000, Section Subdivision 103.00 ..Block · 13.00 Lot 030.000 Filed Map. Lot: Applicant' Permit No. D~ of Fmu~t. pl~flnln~ Board Approval: for. Tmxporaty C. mificat~ Final Certificate: X (dmc, k o~) ~tv tn~ Trustee Foe Submitted: $ 50.00 of the West Creek Avenue Trust rAX~ (m) ~S~I October PaI, m PI Plm I eob. Pm kaimb~ I sdedd~ ~ ' ~ L~mm qJamm Imb aPJlmdm, b Bu~I~ bpmIr~ll b 8 BBMq petal i b qnjdm~ Su~ a .~d* RECEIVED OEC 0 1 ZOIO ~OARD OF APPEALS Nameo~'owlrol'~ Peter I. '.Todab~mhi ,aa :m~'vJ.v/nS Trutea o£ Cb bt Creek i TFut 12. Willk~benlndar; ~.~NO x. Willesmsflllbommwed~unpmnbe~YBS~NO_L b. b lids iuqmt~ vi~a 300 bet o~s tidd vdlmdT * YBS, NO.l ' . *.U' Yn. D.B.C. PemITS HAy B~ OOtUB]D. · 'i7. lrdeutim-'.mVpe~mlnpUVbet lObotorbdow, mmtilovideepolzqddmldmeamw~: pedmmd h b nmm~ m Omb h b tpldladm m-d emmwi~ · · ~ECE~VED DEC 0 1 2010 BOARD OF APPERLS November 26, 2010 West Creek Avenue Trust 1295 West Creek Avenue, Cutchogue, ~ Swinm~ing pool area - NORTHEAST VIEW November 26, 2010 West Creek Avenue Trust 1295 West Creek Avenue, Cutchogue, NY Swimming pool area - NORTHEAST VIEW November 26, 2010 West Creek Avenue Trust 1295 West Creek Avenue, Cutchogue, NY Swimming pool area - SOUTHEAST VIEW November 26, 2010 West Creek Avenue Trust 1295 West Creek Avenue, Cutchogue, NY Swimming pool area - WEST VIEW November 26, 2010 West Creek Avenue Trust 1295 West Creek Avenue, Cutchogue, NY Swimm~ing pool area - SOUTHWEST VIEW November 26, 2010 West Creek Avenue Trust 1295 West Creek Avenue, Cutchogue, NY Swimming pool area - NORTH VIEW November 26, 2010 West Creek Avenue Trust 1295 West Creek Avenue, Cutchogue, NY Swinnning pool area - NORTHWEST VIEW TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET / ~_, ~,,~ VILLAGE DIST. SUB. " AcR. ~O~ER OWNER N N,,/,.,~/,~ E ,' ,. ..... ,, /qw, I,Z~,~ ,,. ~ . s~s. VL FA~ C~ CS. ~. ~kt. Va~ue .~ND IMP. TOT~ m DATE R~RKS , · , ~ ~o~/~ ~l~ " ~AGE BUILDING CONDITION N~ NO~L BELOW ~0~ FA~ Ac~ Value Per VGlue Acre W~l~nd FRONTAGE ON ROA~ H~ PI~ / BULKH~D T~I KK DEC 0 1 Z010 103.-13-30 10/08 M. Bldg. 0'.~ xx~=~'- -- / / ~ ~'o~o 5'o ,/Z) Extension Extension Extension Garage Total /sty Foundation Bath B..~.~ent ~Rff -/ Floors.. ............ BOARD OF APPEALS TRIM ?.~ H ~ -/' ~'" Ext. Walls I G ~ Ir~t;erio~ Finish Fire Place ~ : Heat Type Roof Rooms 1st Floor I Recreation Room Rooms 2nd Floor BR. FIN. B 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 December 2, 2010 Zoning Appeal No. 6442 Transmitted herewith is Zoning Appeals No. 6442 of Lark & Folts~ Esq. for Peter M Todebush - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter Dated November 29, 2010 from Lark & Folts, Authorization Letter fi.om Peter M Todebush to Richard Lard Esq., to Represent them in this Matter, Letter from Richard F. Lark to Michael Verity in Reference to Building Permit & Certificate of Occupancy, Copy of Application for Certificate of Occupancy Dated October 5, 2010, Copy of Building Department with Disapproval Dated October 14, 2010, Copy of Contract with Pools by Paul Guilio, 7 Photos of Property Showing Pool, House & Surrounding Area, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated September 28, 2010 Prepared by John C. Ehlers, Land Surveyor. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 12/02/10 * * * RECEIPT * * * Receipt~: 94566 Transaction(s): 1 I Application Fees Check#: 2782 Reference 6442 Total Paid: Subtotal $400.00 $400.00 Name: Todebush, Peter M 1295 West Creek Drive Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6442 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-02-10 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP # 6442 Peter Todebush 2782 $400.00 RE;C£1Yg;) TOTAL s4oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES HARRIS -DoLL^~ BOARD MEMBERS ~Leslie Kanes Weisman, Chairperson x~V~kN%k' 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 Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 6, 2011 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 t 179, Southold, New York t 197t-0959, on THURSDAY~ JANUARY 6~ 2011: 11:30 A.M. WEST CREEK AVE. TRUST (Todebush) #6442 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application for "as built" accessory in-ground swimming pool at; 1) location other than the code required rear yard, location: 1295 West Creek Ave., (Holden Ave.) Cutchogue, NY. SCTM#1000-103-13-30. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (63t) 765-t809, or by email: Vicki.Toth~.Town. Southold.ny. us. Dated: December 6, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MaiI!ng/USPS) P.O. Box 1179 Southold, NY t t971-0959 z O/rE From: Sue Miller [suemiller4160@gmail.com] Sent: Friday, December 17, 2010 11:46 PM To: Toth, Vicki Subject: [New Sender - ] - ZBA notice #6442 - Message is from an unknown sender Zoning Board of Appeals: ora PPEAI..S This is in reference to the hearing I just received notice of a hearing on Jan. 6 regarding the location of the swimming pool on the Todebush property on West Creek Avenue, Cutchogue. I am their neighbor to the south, whose side/rear yard abuts the Todebush back yard where the pool is located. For the record I just wanted to say that I have no objection to the location of the pool. Their yard is huge and the pool attractively fenced. It has been no nuisance to us. Respectfully, Sue Miller 395 Holden Ave. Cutchogue, NY 11935 631-734-4160 12/20/2010 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 6, 20tt 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, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JANUARY 6, 2011: 11:30 A.M. WEST CREEK AVE. TRUST (Todebush) #6442 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application for "as built" accessory in-ground swimming pool at; 1) location other than the code required rear yard, location: 1295 West Creek Ave., (Holden Ave.) Cutchogue, NY. SCTM#1000-t03-13-30. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-t809, or by emaih Vicki.Toth~,Town. Southold.ny.us. Dated: December 6, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 December 6, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, January 6, 2011 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 December 20th: 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 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 mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durinq the hearin.q, providinq the returned letter to us as soon as possible; AND not later than December 27th: Please either mail or deliver to our office your Affidavit of Mailin,q (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 December 29th: 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 applicantJagents 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 Postin.q for receipt by our office before January 4, 2011. 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: WEST CREEK AVENUE TRUST (TODEBUSH,PETER) SCTM #: 1000-103-13-30 #6442 VARIANCE: LOCATION REQUEST: "AS BUILT" ACCESSORY INGROUND SWIMMING POOL DATE: THURS., JAN. 6, 2011 11:30 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 ~{x~ ~ ~ ,w~, 10067 /\ ' 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 23rd day of December, 2010. Principal Clerk Sworn to before me this 201~. L/ LEGAL NOTICE SOUTHOLD TOWN ZONINC BOARD OF APPEALS THURSDAY JANUAIX~/6, PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Co~e (Yaaptar 280 (Zoning),Town of Soutbold. the following public hear- ings will be held by the SOUlqlOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, $3095 Main Road, EO. Box 1179. Southold, New York 11971-0959, on ~ UARY 6. 2011: 9:30 A.M. 417tl INDIAN NECK ~ - Applicant requests a Special Exception under Arti c1¢ Ill, Section 280-I3B(9).To construct second floor apartment as groom/farm labor quarters in existing barn, l~catinn: 4170 Indian Neck Lane, (adj. to Little Creek) Peconic, NY. SCTMg1000-98-l- 27.1. 9:~0 A.M. DAVID S. and ELIZ/~- ~ - Request for Variance from Code Section 280-18 and the Building Inspector's October 13, 2010 Notice of Disapproval based on an applidation for building permit to construct an addition at; 1) less than the code required minimum side yard set- back of 15 feet, 2) less than the code re- quired combined tide yards of 35 feet, at: 51~0 Indian Neck La., (adj. to Hog Neck Bay) Peconic, NY. SCTMg1000-98-4-23. 10:10 AaM. JEFF ANDRADE g643q Request for Variance from Code Sec tion 280-13 and 280-15 and the Building Inspector's September 29, 2010 Notice ol Disapproval based on an application for building permit to construction an accessory structure 1) proposed build- ing is not accessory to existing strnctnre. 2) accessory structure exceeding thc maximum 750 sq. ft. allowed per code: al 43850 Main Rd. (S R 25), Peconic. NY SCTMglLK~)-75 6 a. and BARBARA CAVALLO g64~.- Request for Variance from Code Sec tion 280-15 and the Building Inspector's Augusi 16, 2010 Notice of Disapproval based on an application for building per- mit to construct an accessory in-ground swimming pool at; a location other than the code required rear yard, at: 28547 Main Rd. (SR 25) and Brown's Hill Rd (P,i.at¢ Rd), Orient, NY. SCTM#1000 18624.1. 10:$0 A.M. BARBARA SCURA- ~ Request for Variance from Article XXLI1 Code Section 280- 124 and the Building Inspector's Sep- tenther 28, 2010 Notide of Disapproval based on a building permit application for "as built" deck addition to exist- ing dwelling at; 1) at less than the code required rear yard setback of 50 feet, at: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCq'M# 1000-70-13-10. H:10 A.M. JOEL B. and JAMI Elll~- Request for Vari- ance from Code Sectipn 280-15 and 15D and the Building It~spector's September 20, 2010 Notice of Disapproval based on an application for building permit to construct an accessory garage at; 1) at less than the code required front yard setback of 50 feet, 2) dormers at more than the code permitted 40% of the roof width, at: 830 Clearview Rd..(adj. to Cedar Beach Harbor). Southold, NY. 11:~0 A.M.. Wg~T CREEK AVE. for Variance from Article III Code Sec tion 280-15 and the Building Inspector's October 14, 2010 Notice of Disapproval based on a building permit application for "as built" accessory id-ground swim- ming pool at; 1) location other than the code requi~ed rear yard, Iocatiou: I295 West Creek Ave.. (Holden Ave ) Cu Ichogue, NY. SCFM# 1000-103 13 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORI( NO~ 01-V06105050 Quallfte~ In Suffolk County 11'.50 A.M.TK ALPHA. LLC. g6437 - Request for Variance from Code Section 28046 (Bulk Schedule) and the Building Inspector's October7 13, 2010 Notice of Disapproval based on an application for building permit to construct commercial building at; 1) less than the required lot size of 40,000 sq. ft. for two buildings, 2) less than the code required front yard setback of 15 feet, 3) less than the code required minimum side yard setback of 10 feet, 4) less than the code required total side yards of 25 feet, at: 535 Pike St., aka Railroad Ave., Mattituck, NY. SCWM#1000-140-2-20. Carryo*er H~utng~ continued from prior meetings and pending additional information: Adjourned from October 21,2010: Adjourned from December 2, 2010: -130 P.M. DONALD B. and .IA NIS G. 2.'00 P.M. LOUIS and ELIZABEIIt MASTRO # 6417 Tae Board of Appeals will hear all persons or their representatives, desir- ing to be beard at each heaging, andJor desiring to submit written statements before the conclusion of each hearing. Each heating 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 (63I) 765-1809, or by email: Vichi.Tot h C~Town.Sou t h old ny.ns Dated: De,ember 6, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vichi Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-09S9 10.067-1T 12/23 · LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No, (631) 734-5651 E-mail: LarkandFolts @aol,com RICHARD F. LARK MARY LOU FOLTS December 21, 2010 Ms. Vicki Toth Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: West Creek Avenue Trust Appeal #6442 Dear Ms. Toth: Pursuant to the letter of the Zoning Board of Appeals dated December 6, 2010 in connection with the above-captioned matter, I am enclosing the Affidavit of Mailings. RFL/bd Enclosure RECI~VED DEC 3 010 BOARD OF APPEALS ZONING BOARD O~: APPEALS TOWN OF SOUTHOLD:NEW YORK In {h(~ Matter of the Application of West Creek Avenue Trust ' (Name of 13 · X 3O X AFFIDAVIT OF MAILINGS cOUNTY OF SUFFOLK). STATE OF· N..EW YORK) BARBARA hIACHUN .resldingat 875 School Rouse Road, Cu.tchogue ., New Yorl~ being duly swom,'depose'and say thai:: ~ Onff~e 16th: dayof. December' ~,lpemonallymaitedatth~ Unite~'.St~es'Post Office in. Cutchogue . . . ,, New Yor~ by. CERTIFIED MAIL, R .ETUI~N"RECEIPT' REQUESTED a true cepy of the' attached Legal Notice in prepaid., envelop?s' address, ed tO curtmt owners .showr~.ofl the. current asse~sment.fell'vedfled .f~.m the official records on. file with Ihe (x) As~e~sOre,'or (') CountY Re~t Proparf~ office' '. ' ' , ,, for er.cry. .property which abuts.and is across a publio or private stme~ .ar Vehicular right-of-. way of'record, surrounding the applice, n~s property. Barbara DiaChun. sw°rnto mis 2 st '. · dayof De~ember ~)~ ~010. :" (Notary ~'ub!lc)..." PLEASE list, o.n ttm: back of ~hls ~rc~ ' pape. r, lhe Io.[ numbem next' to the owner .names .and. addresses for 'which. notices were mailed. Thank you: · . .. APPEAL NO. 6442 - WeO Creek Avenue Trust 1000-103.00-13.00-009.000 m $5.,~ West Creek Avenue Trust L°.~. ~ -°.~!~__ __.P. 9...-B-°..x.....2..6. P ............................................... ~ci:~'smm'zm+4 Cutchogue NY 11935 1000-103.00-13.00-010.000 m 1000-103.00-13.00-011.000 LI]~E~I~ jl~ I A L Ce~lied Fee Total Postage & Fees USE $2.~0 ~ ~e. tro hancy .~. _Co~w.e!l' dames ?elgrlft_ , ~ man.cz(. M i'e±gritt, Anne P Crawford ~ [~Y~? ..................................................................... i Page 1 of 3 APPEAL NO. 6442 We~Creek Avenue Trust 1000-103.00-13.00-012.000 S2.80 JSe~To .H. untington RR Revoc Trt .untington BL Revoc Trt / ~;?.~eX.~_~_~g4 9~3 W Creek Ave 1000-103.00-13.00-029.000 cm ISeotro Wilson Wm J Revoc Trust ~ l~ W.f..IF~f~ ~u~q~.n J~ Revo.q Trust ~ olreet, Apt. NO.; ......................................................... ~Po~oxNo. 760 Holden Ln ~i~,7~bI~.lb;'4' ..................................................................... 1000-103.00-13.00-031.000 m m J ¢¢d4;:IAL USE I Page 2 of 3 · APPEAL NO. 6442 - Well'Creek Avenue Trust 1000-103.00-13.00-032.000 1000-103.00-14.00-013.000 Postage 1000-103.00-14.00-017.000 USE Page 3 of 3 LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-maih LarkandFolts@aol.com RICHARD F. LARK MARY LOU FOLTS January 3, 2011 Ms. Vicki Toth Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: West Creek Avenue Trust Appeal #6442 Dear Ms. Toth: Pursuant to your letter dated December 6, 2010 in connection with the above-captioned matter, I am enclosing the Affidavit of Sign Posting. Also enclosed are the green signature cards from the certified mailings. RFL/bd Enclosures Very truly yours, R~[chard F. Lark APPEAL NO. 6442 - We Creek Avenue Trust 1000-103.00-13.00-009.000 · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: West Creek Avenue Trust Att: PM Todebush PO Box 265 Cutchogue NY 11935 [] Reg'.~,~l [] Retum Receipt for Merchandise r'l Insured Mall [] C.O.D, 4. Restricted Delivery? (JDd~a Fee) OYes 4071 5399 7006 0100 0004 1000-103.00-13.00-010. 000 · Complete items 1, 2, ams ~. Nso complete Item 4 If Reslflctad I~ Is d~,,,~. · Pflnt your nsme and addreae on the reveme so that we can retum the card to you. · Attach this crud to the ba~k of the maJlplece, or on the f~ont If space permits. 1. Article Addressed to: Thomas Wickham Ge~ee Y Wickham PO Box 928 Cutchogue NY 11935 Ic. aWof ~/ D. Isdelive~yaddressdiffemntfmmlteml? r-I'f'ee If YES, enter delivery address below: [] No [] Insured Mall [] Ex~,~ Mall [] R~Jm Receipt f~r Memhaldlse: r'l C.O.D. 4. Restr~ted [~lvery? ~oifa Fro,) mYra 7006 0100 0004 4071 5337 1000-103.00-13.00-011 . 000 · Complete I~ems 1, E, a~ld 3. NIo (=orn~ete or on the f~t If ?~c~__ _ pemllt& Nancy P Cosswell James Pelgrift Nancy M Pelgrift Anne P Crawford 41 Dover Rd LongmeadowMA 01106 D. Is d~ addleea dlf~m~ from I~m 17 OYes If YE~ e~te~ ~ adduce below: [] No [] C.O.D. 2. Artlcie Number (trans.- from se'W~e/,im~ PS Form 3811, Feb~ua~ 2(X)4 7006 0100 0004 4071 5344 Page 1 of 3 APPEAL NO. 6442 - We Creek Avenue Trust 1000-103.00-13.00-012.000 · Complete items 1, 2, and 3. Also complete Ifem 4 If ~ Dellvel~ b deelmd. · Print your name a~d address on the reveme so that we can retum the canJ to you. · Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: Huntington RR Revoc Trt Huntington BL Revoc Trt 985 W Creek Ave Cutchogue NY 11935 i Nafne) C. Date of Delivery D. Isdalk~Taddmsdhg~reatfmm~teml? [;3Yes If YES, enter delivery address below: I'1 No S. Serv~e Type I~ Ceffffied Mall [] bmumd Mall [] R~um Re~alpt for I~nsndlse [] C.O.D. 4. Re~ ~Ne~? ~ F~e) OYes 2. Attila N[.T~, PS Fom~ 3811, ~ 2004 7006 0100 0004 4071 5290 ~ ~ 102~E-O2-M-1540 1000-103.00-13.00-029. 000 · C~mplete items !~ 2, and 3. Also complete item 4 If I~b;~,;~d Dellve~ Is de,md. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Wilson Wm J Revoc Trust Wilson Susan S Revoc Trust 760 Holden Ln Cutchogue NY 11935 D. Isdallveryaddreesd#l~re~t fmmltem 17 [] Yes If YES, enter delivery address below: [] No [] OerUfled Mall [] Express Mall [] Registered 0 R~um Receipt for Merchandise [] Insured Mall [] C.O.D. 4. ~c~d Deav~ ~ F$~ oY~ ; PS Forrn 3811, Febma~ 2004 7006 0100 0004 4071 5306 1000-103.00-13.00-031. 000 Ifem 4 IrRaetn~led D~ la de,zed. · Pflnt ~r mrn~ md ~Y~m ~n ~ m so that we can mm the emd to you. · Attach thl~ c~d to the ~c~ of the msllplece, Jeffrey D Miller Susan E Miller 395 Holden Ave Cutchogue NY 11935 [] O.O.D. 4. Rmtr ~md: D~'~ ¢E:~ Fro) []'yes 2. ,Nflde N~mber 7006 0100 0004 4071 5313 D~ 14~ Re~eI~ Page 2 of 3 APPEAL NO. 6442 WeseCreek Avenue Trust 1000-103.00-13.Q0-032.000 Item 4 If Reetflo~ed De~lwty is desired. · P~int your name end eddress on the reverse so that we can rntum the =ard to you. · Attech this card to the bs=k of the mallpisce, or on the front If space permits. 1. A~ticle Addressed to: John K Sweeney Ann M Sweeney 12-27 152nd St Whitestone NY 11357 '~. ll.~d~_ ~ [] I If YES, ent~ dellve~ add~l~: 0 No ][3 Ce~led Mall [] R~ [] I~md Mell [] ~ Maml ~ Ream Receipt for Memhandl~ I'I C.O.D. PS ~ 3811, Febme~ 2~04 7006 0100 0004 4071 5320 1000-103.00-14 . 00-013. 000 1000-103.00-14 · 00-017. 000 Page 3 of 3 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of West Creek Avenue Trust (Name of Applieant~) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 103 13 ~ 30 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SION POSTING I,_ PETER M. TODEBUSH residingat._ 1295 West Creek Avenue Cutchogue ., New York, being duly sworn, depose and say that: On the 25th day of December ,_2010 , I personally placed the Tobin's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-Way (driveway entrance) - facing the street or facing each street or tight-of-way entrance;* and that Sworn to before me this 3rd day of January [ hereby confirm that the Poster has remained in place for seven days prior to tl'~t date of the subject hearing date, which hearing date was shown to be January 6, 2011 Peter M, Todebush 2011 (Notary Public · , 01~1~-~ · near the entr~ce or ~vewa~en~ce of~_pmpe~. LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 Tole. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts @aol.com RICHARD F. LARK MARY LOU FOLTS January 5, 2011 Ms. Vicki Toth Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: West ~ue Trust Appe(~ ~6442 / Dear Ms. Toth: ~ '-- ~ Enclosed is the delivery information letter from the United States Postal Service in regard to the certified mailing sent to Harold J. Kober and Patricia F. Kober. V?ry truly yours, RFL/bd Enclosure Date: 01/05/2011 ROBERT BITTNER: The following is in response to your 01/05/2011 request for delivery information on your Certified Mail(TM) item number 7006 0100 0004 4071 5351. The delivery record shows that this item was delivered on 12/17/2010 at 10:40 AM in CUTCHOGUE, NY 11935. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 2, 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 # 6442 Owner/Applicant: TODEBUSH, Peter Action Requested: "As built" accessory inground swimming pool in front 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- By ~Weisman BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.nor thfork.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 January 21,2011 Richard F. Lark Lark and Folts, Esqs. P.O. Box 973 Cutehogue, NY 11935 Re: ZBA File#6442 - West Creek Avenue Trust Dear Mr. Lark: Transmitted for your records is a copy of the Board's January 19, 2011 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. Sin~rely'c~ .$ - 7xtr3 Vicki Toth Enci. Cc: Building Dept.