The URL can be used to link to this page

Home My WebLink About6436 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · PO. 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 RECEIVED 1 2011 DETERMINATION~a/~ ~ff~' ~. ' FINDINGS, DELIBERATIONS AND ~;'-"'"3'-~wl~-F"~ho~d To ~l~rk MEETING OF FEBRUARY 16, 2011 ~OU ZBA FILE # 6436 NAME OF APPLICANT: Lois Abramchik and Barbara Cavallo SCTM#1000-18-6-24.1 PROPERTY LOCATION: 28547 Main Rd. (SR 25) and Brown's Hill Rd (Private Rd), Orient, NY. 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 Nov. 9, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property contains 1.934 acres with a 25 foot right of way access from Main Rd. (NYS Rt. 25), 337.80 feet on the southern property line, 243.91 feet on Brown's Hill Rd. (which is a private Rd., no access), 441.00 feet along the northern property line and 219.72 feet on the eastern property line. It is improved with a framed house and a framed cottage as shown on the survey dated February 2, 2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Code Section 280-15 and the Building Inspector's August 16, 2010 Notice of Disapproval based on an application for building permit 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 (Private Rd), Orient, NY. RELIEF REQUESTED: The applicant proposes to install a 20 fi. by 40 ft. in-ground swimming pool in a side yard as shown on the survey prepared by John T. Metzger, L.S., dated Nov. 3, 2010. AMENDED APPLICATION: During the January 6, 2011Public Hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on the February 3, 2011 Public Hearing submitted a plan increasing the front yard setback to 88 feet (a 20 foot increase) and increasing the side yard setback to 134 feet, (a 9 foot increase), bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: The subject parcel's western property boundary (street line) adjoins a private road named Browns Hill Road. The subject parcel has no legal access rights to this private road over this street line. Therefore, by Code, this street line shall not be considered to be a front yard, and any accessory structure Page 2 February 16,2011 ZBA File#6436 - Abramchi~dCavallo CTM: 1000-18-6-24.1 placed in such yard shall comply with the applicable side yard setbacks for the zoning district within which it is located. The subject parcel is accessed from the Main Road (NYS RTE. 25) via a 25 foot wide easement through the adjoining parcel to the south. This is presently the only legal access to the subject parcel. This access easement enters/adj oins the subject parcel, at its southeasterly most location, through/along its 2 l 9.72 foot eastern property boundary for a width of 25 feet as shown on the survey of the subject parcel prepared by John Metzger, L.S. revision dated Feb. 2, 2011. At both public hearings, the applicants agreed to repair any damage to this easement/R.O.W, that may be caused by heavy equipment during the construction of their proposed swimming pool. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 6, 2011 and February 3,2011 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: 1. Town Law §267-b{3){b}(1). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. An in-ground swimming pool is a common accessory to residential dwellings in this neighborhood. 2. Town Law §267-b{3){b}(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could locate the proposed in-ground swimming pool in the conforming rear yard. However, the additional expense of the removal and relocation of an existing underground propane tank, and the removal of existing mature trees and vegetation, represents a financial hardship to the applicant. 3. Town Law ~267-b(3}ib}i3L The variance granted herein is substantial insofar as it is a request for an accessory structure in a side yard, however the substantiality is mitigated by the proposed setbacks from all property boundaries exceeding the code requirements of principal structures. 4. Town Law §267-b{3}{b't{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 mechanical equipment for the pool is proposed in a utility shed that will mitigate noise disturbance. 5. Town Law §267-b{3){b}{5}. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 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 in-ground swimming pool in a side yard, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT~ the variance as shown on the drawing entitled "Site", Abramchik-Cavallo Residence Proposed Pool, prepared by Nancy Dwyer, Design Consulting, Inc., dated 2.3.2011. Page 3 - February 16, 2011 ZBA Fileg6436 - Abramchik/Cavallo CTM: 1000-18-6-24.1 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Boar& Ayes: Members Weisman (Chairperson), Dinizio, Goehringer (Absent was: Member Schneider) telephone; no voting right) This Resolution was duly adopted (3-0~. Les~s~man Ch~~, Approved for filing ,~//7/2011 / (Member Homing by S ECTION ONE " SUFF. CO. MAP NO. 7218 "MAP OF HILL CREST ESTATES LOT 4 I LOT 3 AREA = 1.93Zl· Acres PECONIC SUR~YOt~ (631') 765-5020 FAX (631) 765-1797 P.O. BOX 909 1~30 ~A VELER STREET SOUTHOLD~ N.Y. 11971 ~ 33T. 80' S.T8°34'40" W. N/O/F._J. PIGNATO & M. REGINA MAIN ROAD ( N.Y.S. RTE. 2'5~ FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ ~ ,DATED~2-- I I U I H SURVEY OF PROPERTY AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY ~ N.Y. IO00 018 - 06 - 24.1 SCALE I" = 60' OCT. 20, 1986 DEC. 18 , 1986 JULY 8 ~ 1987 N 'V. 3, 2'010 (prop. pool) F~. 2, 2011 le~Itle~ ANY ALTERATIOt, I ~f~ AD~T~N TO THIS SURVEY ~S A ~AT~ ~ ~CT~ 7E09 ~ ~ ~ Y~ STATE ~AT~ LAW. EXiT AS P~ ~CT~ 7209-~ 2. ~ ~R~T~S J86-597 11 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEI'VED NOV !,~ 2010 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING November 9, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Mr. 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 Andrade #6435 Cavallo & Abramchik #6436 TK Alpha LLC #6437 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 RECE/VED FORM NO. 3 NOTICE OF DISAPPROVAL B(~6A~ _,~,_PPEALS ~APPEALS DATE: August 16,2010 TO: Arthur Edwards Inc. for B Cavallo & L Abramchik 929 Route 25A Miller Place, NY 11764 Please take notice that your application dated August 5, 2010 For a permit for an accessory inground swimming pool at Location of property: 28547 Main Road, Orient County Tax Map No. 1000 - Section 18 Block 6 Lot 24.1 Is retumed herewith and disapproved on the following grounds: The proposed accessory inground swimming pool is not permitted pursuant to Article Ili, 280-15 which states: "In the case AC District & Low Density Residential R80, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The site plan indicates the proposed accessory inground swimming pool is located in a front yard. Authorized Signature Fee:$ /q[00~' RECEIVED Assignment No.~ ~.~ BOARD OI- APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. ~;~g~'~Street J-,~ir) /~o,~ Hamlet O~,erlt SCTMlOOOSection/~ Block ~ Lot(s). ~27'. I LotSize /-~RCreSZone t~_~O I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~'/~-~2o/~ BASED ON SURVEY/SITE PLAN DATED ~.~. Applicant(s)/Owner(s) Mailing Address: Telephone: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: },~6'~{ ~ ~¢ (' [~g¢lcO%.~for~Owner ( )Other: Telephone: ~'~07 Fax: 7g~O~ Email: ~aO6~ o]~yZf 4~c~0~0t.60,~ Hease check to specify who you ~h correspondence to be mailed to, front the above ( ) Applicant/Owner(s), (~uthorized Representative, ( ) Other Name/Address below: 'vVHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~, ~. tqm' ~ and DENIED AN APPLICATION DATED ~. ~- ~ol O FOR: J~,)~Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by~mbers. Do not quote the code.) Article: ',~c- Section: ~ ~O- I ~ Subsection: Type of Appeal. An Appeal is made for: ,A~jSA 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, 0~has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our od~ce for assistance) e~ RI~CIE]VED Name ofOwner: ~Ov~ (( [~ J~(tLM(.:,tq. i ~ ~Fila 0 NOV g ~L ~ASONS FOR ~PE~ (addi~on~ she~ ma~ be used ~th ~e~r~'s signa~re): AREA V.4RIANCE REASONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the n~ighborhood or a detriment to nearby properties if granted, because: (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: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ~(fNo. Are there Covenants and Restrictions concerning this land: yNo. D Yes f~lease furn~h coovL This is the ~ 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 ( ) 1F A USE VARIANCE IS BEING REQI(ESTED, AND PLEASE COMPLETE THE AttAChE. S, Er: O'teo, e s.,e ,o eo ul o., attorn~ Signamre~f Appel~at or Autl~rized Agent (Agent must~ubmit written Authorization from Owner) Sworn to before me this day of CONNIE D. BUNCH Notary Publ~, S~late of New York NO. 01BUB185050 O Oual~:l ~ 8uffo~ County _ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: C&~a_ 114///3v ]ora ~¢ ~/~ t Ic.-~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: NOV ~ BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ~ ~c~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your properS:07f ~2~,~-~L ~-~ Proposed increase of building coverage: 4~ ~ Square footage of your lot: ~, ~¢~ Percentage of coverage of your lot by building area: ~. I ~ V. PurposeofNewConstrnction: I'~- O~t'e¢,t~ Cu-~;Ixtlxt~.~ ~'~'l VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how .... it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED '0V 3 20 0 Is the subject pre ~.}~es listed on the mai estate market for sale? Yes '/'N No ~3OARD OF APPEALS hNere any proposals to change or alter land contours? o Yes, please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? 2.1 Are those areas shown on the survey submitted with thisapplication? 33 Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the ar/~a of proposed construction at or below five feet above mean sea level? i~ ]/A ~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~ 0 Please show area of the structures on a diagram if any exist. Or state none on the above line. Do you have any construction talcing place at this time concerning your premises? f~ 0 If yes, please submit a copy of your building permit and survey as /~,p roved by the Building Department and please describe: --~?lease attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply, to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please list ~resent use or operations conducted at this parcel ~ltnSl~- ~a ~,, ( ~ (~"~¢laC_e~ andtheproposeduse ~/--~t~ ~di~h ~ool · (ex: existing single family, proposed: same with garage, pool or other) rized ~_gnatu~ and I~e PROJECT ID NUMBER r PART1-PROJECTINFORMA~ON APPLICANT I SPONSOR 3~PROJECT LOCATION: RECEIVE~m~ RECEIVED 6'17.20 NOV E NV,R~'t~ ~i)~ff~APPEALS STATE R~IEW SHORT ENVIRONMENTAL ASSESSMENT FO~ARD OF APPEAL5 for UNLISTED AC~ONS ( To be ~et~ by Appli~l ~ Pmj~ Spas•r) 4. PRECISE LOCATION: Street Add'ess a~t Road prorfiinen! Ioadmerks etc - or provide mad 5. IS PROPOSED ACTION: [] New 6. DESCRIBE PROJECT BRIEFLY: 8. W)LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [] Yes ~No Il~ nO, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Cboe as msny as apply.) E~] Olher (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL 11. D~)ES A,~_~.SPECT OF THE ACTION HAVE A CJJPJ~ENTLy VAUO PERMIT OR APPROVAL? PR•PO D ACTION EX/STING PERMIT/ APPROVAL REQUIRE MODIFICATION? 'b ;AD I CERili-Y THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanl ~~ ~ / Sponsor Na Dale: Signature ~2' /~" <~0/0 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment RECEIVED PART II -,, !MPACT ASSESSMENT (To be completed b~' Lead Agency) .... r-. r~: ^ ODr::/~l 5 A. DOES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 if y~ ~. coordinate the revi~ ~.o~s~ a~'nd u'-~ th'e 'i~U~.L--E~.- [~] Yes r-]No s. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED AC31ONS iN 6 NYCRR, PART 617.6? if NO, e negate declaration may be super~ded hy another involved agency. C. COULD ACTION RESULT IN ANY ^DVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answers may be handwritten, if legible) t C2. ~U,,~;~: ;'gric~l~l, ~*~uglceJ, hl=tiuH~.,-or other Vegetation or fauna, fish..,,~,,,~. (x w~ldlEe $13ecle$, ~t~nif~ant habitats, or ~reatened or endang~ed species? Explain brlel~y: I 1 C4. A mrm~l~lt y'~ exJ~t'i'~"pr~ ns er goats a~ ~,~,c~=';y ~ ~,4~i~j, er ~ cl~,,{.,~ in use or ~tensi{y I ' CS. O'~'t~; ~Ub~q-u ertl ~l;~elopm ant. ~r re~ [~d~ a-c~lvitte s ~keiy"t~'{~'i~duce~i'l~y'il~e proposed- e.~l&'~ Ex~ ~,n bhafl¥: ...... I C7. O. ther I.,yoct= [inCludin¢ chan~es in use of either qua nti.t~ ENVi RONMEN TAL ARF. A ( CEA)? (II yes, expla~ bHeif¥: [~] Yes r']No E. I~ THERE O~J IS THE ' ' ' ........ ; .... [] Y~S [] No ~E LIKELY TO BE~ CON'TROV~RSy RELATED TO PCTE~i'I~I.. t P~T Itl - ~MINATION OF 81GNIFIC~CE ~o ~ ~mHet~ by ~en~) INSTR~TIONS: F~ea~adv~se~en~a~.de~inew~h~lssu~nUal.large, lm~nt=~eslgn~nL Each eff~ shoed be ~s~s~ in ~ne~ wRh ~ (a) s~l~ (i.e. u~n y~, ~e d ~mina~n of ~nifi~n~ m~l evaluate the ~nfial im~ of~e Name of Lead Agency Date Print or Type Name ot ReSDonsible Otacer in Lead Agency Signature Of Re sp0nsible Officer in Lead Agency Signature of Preparer (if different from responsible o~cer) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM uV3 ZOlt~ BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emolovees. The nuroose of this form is to nmvide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. {Last n~e,~ n~e, midge initial, udl~ you are applying in ~e n~e of NA~ OF APPLICATION: {Check all ~m apply.) Tax grievance Building Variance )(' Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other". name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee o£the Town af Southold? "Relationship" inc}udes 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 ~ If you answered "YES'~. complete the balance of this form and date and sign where indicated. Name of person employed by the Town o£ Southold Title or position of that person Describe the relationship between yourself (the applicanffagenffrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, o'r 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, panner, or employee of the applicant; or __D} the actual applicant. DESCK1PT1ON OF RELATIONSHIP Form TS 1 APPLICANT T~I~$ACTIONAL DISCLOS'URE FORM (FOR $~[41551ON BY oWNER and oWNER'S AOEN~ ~Fhe Town of So. uthold's code of Ethics prohibits conflJ, clll of interest on thc =art of Town officers ~. 71~.~ oucooie of this. l~orm is m lYOvide ilff. grmatio~, which can alert the Town of possible conflic~ of Jntc~-st lUld allow it 1o take whatever action is necessary to avoid same. ' (Last n~-ne, flrst nan,, middle initial, unless you are applying in th~ n c of someone else or other entity, such as a company. If ~o, indicatt: lhe other person or company name.) RECEIVED NATURE OF .A.PPLICATION: (C-'h .~_ all th~ ~aply.) Tax C~ev~ Sp~ial ~titm If ~O~¢r", ' ' ~pproval ofP~tL I Ex~ ~m Plat 1 Do you ~sonally, (or thm~ y~r ~mp~y, ~u~, siblin~ p~nt, or Child) haw a ~l~ionshjp with ~ o~.cer ~ ~ploye~ of ~ To~ ~ ~uflmld? ~R~lationship' includ~ ~ bl~d, m~ag~, ~ Imsin~s int~msL "Bus~e~ i.t~t¢~' ~s a busin~s, i~luding a pa~mhip, in which the To~ o~r or ~ploy~ has ~un a papal o~ip of (or ~pl~mmt by) a ¢o~oration in which th~ To~ o~c~r or mploy~ o~s mo~ ~an S% of~ sh~. Name of person ~ployed by the Town of ~u~old: Title or position ~that ~ that midship ~m youmglf (~ appli~) ~d ~ Town ~cer or ~ploy~. Either chug t~ a~ropfiatc line A ~magh D (~low) ~or d~ori~ ~e ~lafion~ip in the space provide. ~e Town ot~r or employ~ or bis or h~ s~s~ siblin~ ~k ~ child is (chink MI that [ ' ' of the applJ~nt (wh~ ~e ~pli~m is a c~rat~); ~ [ B) the I~1 or ~n~cial (wh~ the ~pli~t is n~ a ~); ~C'~ an o~c~ dior, ~er, ~ ~ployee of the applic~; or ~OARD OF APPEALS DESCRIPTION OF RELATIONSHIP Sulm.litted this~ o~.O/'D AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED ~O~ 3 7.!l~q BOARD OF APPEALS WHEN TO USE THIS FORM: The form 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 operation located in agricultural district. All 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 General Municipal Law. 1) Name of Applicant: k...)o~c~q 2) Address of Applicant: 190 3) Name of Land Owner (if other than applicant) 4) Address of Land Owner: o7~;5q 5) Description of Proposed Project: 6) Location of Property (road and tax map number): 7) Is the parcel within an agricultural district?,~lo Res If yes, Agricultural District Number /~,'"'-/~/'. q / 8/Is this parcel actively farmed?j~No OYes ¥4. / 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. Name ~a~d Address 3. o q-/o P--F. (Please t~e back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at .765-1938 or Jl~e Zoning Board of Appeals at 765-1809. Signature f~pplicaflt2 ~ Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6~ on their farm operation. Solicitation will be made by supplying a oopy of this statemenL 2. Comments ret~med to the local board will be taken into consideration as pa~t of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the aplSlicant 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED NOV Z0iO A. 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 of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 5 _ o%/ The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] BnildingDept. [~ BoardofTrnstees 1. 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 9~ action: RECEIVED NOV 3 Z010 Locationofaotion: o~o~SY7 /~-tn ~d~_. Or',a.-'/~?. .BOARD OF APPEALS Site acreage: ), ~ 3 c.// ~e ra ~ Present land use: Present zoning classification: ~ - ~ O If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: I~f/5,~t~,~ ~)~Va.-[[O v /--d~5 ~ /arte~:t/<_ (b) Mailing address: cfl85-5/''] /t~,~trl ~',~. ~)r,~a4~7~ (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No~ lfyes, which state or federal agency?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, · preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No ~Not Applicable - please explain) 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) RECEIVED 3 010 BOARD OF APPEALS Attach additional sheets if necessary 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) 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 explain) 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) Attach additional sheets if necessary Poli~y 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) RECEIVED NOV 3 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. 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) / Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [] NoX~(Not Applicable - please explain) 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 thr6ugh 46 for evaluation criteria. [] Yes~ NoX~4Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 1II - Policies; Pages 47 through 56 for evaluation criter~cEiYED [] Yes [] No ~(Not Applicable - please explain) · ~y ~3¢, BOARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town ~'aters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No~'~L~2 Not Applicable - please explain 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 e}taluation criteria. I q Yes I I NoL~Not Applicable- please explain 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 [~ NoX~ Not Applicable - please explain Zoning Board of Appeals Tow~ of Soutllold Annex Building, Main Road $outhold, New York RE: 28547 Main Road Odent. NY 11957 SCTM: 1000-18-6-24. I SelY~ember 3, 2010 RECEIVED BOARD OF APPEALS To Whom It IVlay Concern: This lettor Is to hereby authorize Nancy Dwyer, of Nancy Owyer Design Consulting, Inc., to represent and file applications fo~ any and all permits and variances on our behalf, for the proposed I)ool at our residence in Orient. Sincerely, TOWN OF.SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ (~ 6~-/-//~7' VILLAGE DIST. SUB. LOT FORMER OWNER N~ ,, E ACR. I ~¢~ F~* ~ ~l~*~ W ~PE OF BUILDING R~ } ~ O S~S. VL FARM COMM. CB. MICS. Mkt. Value , ~s~~ 4 J~o 5~oo (~,1,,~ /,/~,/~-~.~ ~/~ r~ ~/,/~,~ [ X ' r ~AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per V~lue Ac re '~ ' ~3 ~ ~7 ~' FRONTAGE ONwm, I Wo~land FRONTAGE ON ROAD p ~ ~ Meadowland ~ ~ DEPTH ~0 ~ Total ~ ~ ~ ~j~ ~ DOCK COLOR Extension Extension Porch Breezeway Garage- Foundation Basement Ext. Walls Bath -- Floors ' Interior Finish Patio Total Fire Place I Type Roof' Recreation Roar Dorme[ A [B C D E----F--[B / '~"'" ~Tom. Plan ~' Piping Arrangement Section B-B ~ RECEIVED ~ / h;OV ~ 2010 lO' BOARD ~OFAPPEALS Section A-A Typical Wall See%ion 16'~' 16' ~' 1~' 14' 6' 4' 4' 8' 576 ~1,~ PER.CRETE WALL SYSTEM 18'~' 18' ~' lZ' ~4' 6' 4' 5' 8' ~ ~ 9~9 Rou%e ~SA Miller Place ~ 11764 mz ~'z~' 20' ~' 16' 14' 6' 4' 6' 8' ~ ~,~ (631) 7~-7185 F~ (631) 7~-0174 ~'x~' ~' ~' 18' 14' 8' 4' 6' 10' ~ ~,~ S~folk ~cense ~36-~ ~'x~' ~' ~' ~' 16' 8' 4' 6' 10' ~ ~,~ Nassau ~cense ~7~50000 , SECTmN ONe" SUFF. . r2~. -' ~ ~ ~ M ~ P 0F -- ~r~ CRE~T ~S~ ' ~' CO ' ~P J ~ . · . ~-' · ~ i · -- / ~ ~ t~ ~.~- , l o I ~ % ~ ~ / u ~ ~ · ' ' '. s.ze"34 4o w. , ~l~r.~u ~ TOWN ~ DE I. ~~// · ~ , c~ ~o: I ~ ~ ' COMPA Y F (~.~'.r~-so~o " MAIN RO,~.D ~'~ ~o~ P.O. BOX 909 " ' ' · ( NYS RT 25 ) ~AIN ROAD .... ~THOLD,, N.Y. 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 November 4, 2010 Zoning Appeal No. 6436 Transmitted herewith is Zoning Appeals No. 6436 of Nancy Dwyer for Barbara Cavallo & Lois Abramchick - 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, Notice of Disapproval from the Building Department Dated August 16, 2010, Authorization Letter from Barbara Cavallo to Nancy Dwyer to Represent them in this Matter, Copy of Property Record Card (Both Sides), Copy of Plans Showing Specs and Wall Sections Prepared by Arthur Edwards, 1 Page of Photos of Property, Survey Photo Key, Copy of Survey Showing Existing & Proposed Construction Dated July 8, 1987 Prepared by Peconic Surveyors, Copy of Survey Showing Existing & Proposed Construction Dated November 3, 2010 Prepared by Peconic Surveyors. OTown of Southold P.O Box 1179 $outhold, NY 11971 Date: 11/04/10 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt: 93810 Reference Subtotal 6436 $400.00 Check#: 7536 Total Paid: $400,00 Name: Cavallo, Barbara & Lois Abramchik 28547 Main Road Orient, NY 11957 Clerk ID: CAROLH Internal ID: 6436 J.Ann Pignato Maria Regina 28545 Main Rd. Orient, N. Y. 11957 323-0101 To: Vicki Toth From: J.Ann Pignat~nd Maria Regina Re: Cavallo/Abramchik proposed pool construction Date: Jan. 6, 2011 -We request that the pool be built in the rear yard as ample space is available or that it be constructed an additional 50 feet north of proposed site. Therefore 118 feet north of Regina/Pignato property line. This leaves approximately the same footage from Cavallo/Abramchik north property line as proposed site would leave from Regina/Pignato property line ,affording all of us more privacy -rapid growing 6 foot evergreens be planted on the south side of the pool for screening and sound proofing -mechanical equipment be sited on the North side of the pool in a sound proof structure -any damage to easement,including shrubbery and lawn areas,banking easement ( by cement trucks and or other means), be repaired at the expense of Abramchik and Cavallo, estimates w. ill .b.e submitted to th.em as they occur ,and can be pa~d d~rectly to landscaping/paving companies,who have maintained easement ,lawn, shrubbery for past 8 years -no doubt excavation will cause rodent activity, therefore we request that any such activity which effects Regina/Pignato requiring extermination, be at the expense of Cavallo/Abramchik. -we request that Abramchik and Cavallo sign the attached and take responsibility for that which has been previously documented. To: Abramchik and Cavallo From: Pignato and Regina Date: Jan. 6th 2011 Re: Proposed Pool We, Lois Abramchik and Barbara Cavallo take full responsibility for any damage done to easement or surrounding property during the excavation and completion of the building of proposed pool. Signatures: Lois Abramchik Barbara Cavallo STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ! week(s), successively, commencing on the 20th day of January, 2011. / "- ' Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- Town Code Chapter 280 (Zon~ng),Town 8755 New Suffolk Road (Fifth Street) (adj. to Great Peconic Bay) New Suffolk, ~Jt' ,/day of bulk schedule (minimum 40,000 square tzet in this R.40 Residential Zone Dis- trict) this lot is merged with lot 12 to the west, at: 18525 and 18375 Route 25 Mattituck, NY. SCTM#1000-115-2-13 and 12. 10:30 A.M.. JEFF ANDRADE #6435 - (adj. from l/6/llPH)Request for Vari- ance from Code Section 280-13 and 280- 15 and the Building Inspector's Septem- ber 29, 2010 Notice of Disapproval based on an application for building permit to construction an aecesso~ structure 1) proposed building is not accessory to existing structure, 2) accessory structure exceeding the maximum 750 sq. ft. al- lowed per code; at: 43850 Main Rd. (SR 25), Peconic, NY. $CRM#1000-7544. 10:$0 AH.. NANCY D. ARNZEN plicant requests a Special Exception under Article III, Section 280-13B(I3), The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at: 145 Wavecrest Lane, Matthuck, NY. 11:15 A.M.* JOHN ~md DANIELLA VENETI$ 06313 - (Re-opened by Res- olution to clarify the record) Requests for variances under Sect. 280-116(B) and 124, based on the Building Inspector's August 17, 2009 Notice of Disapproval concerning an application for demolition and a building permit for a new single family dwelling at; 1) less than the code from a bulkhead, 2) less than the code required front and rear yard setback of combined side yards of 25 feet, 4) more (buildable area), 5) 280-a access, at: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 1000-87-6-4. II:L~ A.M.. JOHN and DANIELLA VENETIS #6396 - (Re-Opened by Res- and 280-124. based on the BuiLding speetor's April 20, 2010 Notice of Disap- proval concerning an application for construction and second floor addition, than the code-required minimum of 75 feet from the bulkhead, 2) less than 35 NOTARY PUBLIC-STATE OF NEW YOR~ No, 01-VO6105050 Qualified in SuffolR County 25 feet for both (combined) minimum age (building area). Location of Prop; . ty: 2600 Takaposha Road, (adj. to Corey 10121/10PH) Request for Variance from Code Sections 280-13 and 280-14, based tot's March 10, 2010, Notice of Disap- Carryover Hearings, continued from Adjourned from Public Hearing Jan- The Board of Appeals wlil hear all office at (631) 765-1809, or by email: 54375 Main Road (Office Location) 53095 Main Road (Maillng/ugPS) P.O. Box 1179 Southold, NY 11971-0959 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 SOUTItOLD 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 1179, Southold, New York 11971-0959, on THURSDAY~ JANUARY 6~ 20t 1: 10:30 A.M. LOIS ABRAMCHIK and BARBARA CAVALLO #6436 - Request for Variance from Code Section 280-15 and the Building Inspector's August 16, 2010 Notice of Disapproval based on an application for building permit 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 (Private Rd), Orient, NY. SCTM#t000-18-6-24.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~.Town. Southold.n¥.us. Dated: December 6, 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 1197t-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 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 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 hearinq, providing 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 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 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 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 Postinq 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: SCTM #: CAVALLO & ABRAMCHIK # 6436 1000-18'6-24.1 VARIANCE: LOCATION REQUEST: INGROUND SWIMMING POOL DATE: THURS., JAN. 6, 2011 10:30 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 ~,',,~ ~ 1~''~ 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 day of {~)')~'~?k~ 2011~. LEGAL NOTICE SOUTHOLD TOWN ZONi~C BOARD OF APPEALS THURSDAY JANUARY 6, ~41t PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pu~ sunni to Section 267 of the Town Law and Town Coc~e Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box H79, Southold. New York 11971-0959, on THURSDAY JAN- UARY 6. 2011: 9:30 A.M. 4170 INDIAN NECK LANE HOLDINGS #6443 - Applicant requests a Special Exception under Ar0 cie I/I, Section 280-13B(9). To construct second floor apartment as groom/farm labor quarters in existing barn, location: 4170 Indian Neck Lane, (adj. to Little Creek) peconic, NY. SCTM#1000-98 1 9-.50 A.M. DAVID S. and ELIZA- BETH BRANCH #6499 - Request for Variance from Code Section 280-18 and the Building Inspector's October 13, 2010 Notice of Disapproval based on an applidatinn 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 side yards of 35 feet, a t: 5160 Indian Neck La., (adj. to Hog Neck Bay) Peconic, NY. SCTM#1000-98 4-23. 10:10 A.M. JEFF ANDRADE #6435 Request for Variance from Code Sec tion 280-13 and 280 15 and the Building b~speetor'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 structure 2) accessory structure exceedin°~ Iht maximum 750 sq. ft. allowed per codc; al 43850 Main Rd. (S R 25), Peconic NY s(frM#11K3J-75 6-4 10'.30 A.M. LOIS ABRAMCHIK ~nd BARBARA CAVALLO #6436_: Request for Variance from Code Sec lion 280-15 and the Building Inspector's August 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 * ate Rd), Orient, NY. SCTM# t t~)0- 18 6 24.1. 10:50 A.M. BARBARA SCURA- ¢;OYNE ~6441 - RequeSt for Variance from Article XXIII Code Section 280- 124 and the Building Inspector's Sep tcmber 28, 2010 Notihe of Disapproval based on a building permit application for "as built" deck addition to exist Jng dwelling at; 1) at less than the code required rear yard setback of 50 feet, at: 1145 Oakwood Dr., (Oakwood Dr.) Southold, NY. SCWMgl000-70-13-10. 11:10 fi.M. JOEL B. and JAMi FRIEDMAN 06440 Request for Vari- ance from Code Scctign 280 15 and 15D and the Building Inspector'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 thc roof width, at: 830 ~learview Rd.,(adj. to Cedar Beach Harbor), Southold, NY. I1:30 A.M. WEST CREEK AVE. TRUST ~l'odebushl #6442 - Request for Variance from Article III Code Sec- tinn 280-15 and the Building lnspectoUs October 14, 2010 Notice of Disapproval based on a building permit application for "as built" accessory la-ground swim- mm8 pool at; I) location other than the code reqaired rear yard, location: 1295 West Creek Ave., (Holden Ave) Cu tchogue. NY. S( f'M#1000-103 13 ~0 "CHRISTINA '¢OLtNSKI NOTARY PUBLIC-STATE OF NEW YORR No. 01-VO6105050 Quallfl~ I1~ ~uffolk 11:50 A.M. TK ALPHA. LLC. 06437 - Request for Variance from Code Section 28046 (Bulk Schedule) and the Building Inspector's October 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 feel at: 535 Pike St., aka Railroad Ave., Mattituck, NY. SCTM#1000-140-2-20. Carryover Hearings, continued from prior meetings find pending additional information: Adjourned from October 21, 2010: Adjourned from December 2,2010: 1:30 P.M. DONALD B. nnd JANI~ G, ROSE 06430 2.'00 P.M. LOUIS and ELIZABETH MASTRO # 6417 The Board of Appeals will hear all persons or their representatives, desir- ing 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 heating. If you have questions, please contact our office at (631) 765-1809, or by email: VickLToth @Town. Sou thold.ny, us. Dated: December 6, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 L0~67 1T 12/23 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the ApplicatiOn of (Name of Applicants) CTM Parcel #1000- /~ _ ~ --X AFFIDAVIT OF MAILINGS COUNTy OF SUFFOLK) STATE OF' NEW YORK) .residing at , New York, being duly sworn, 'depose and say that: .,. On th.e c:~ J.' day of .J"~C~ ¢,/~ be Ir, 2~'1,~1 personally mailed at the Ullited. states iPost Office in ~;L~ ~j ,. New York, by CERTIFIED MAll:,, R .ETURN' RECE PT REQUESTEDi a true copy .of the'attaChed Legal Notice in prepaid, envelopes addressed to current owners shown on the current assessment toll verified fr~m the offiGal records on file with ~he~Asse~sorS, 'or (') County Real Property Office - ., for every .property which abuts aha is across a public or private sb:eet, or vehicular right'of-. way of reCOrd, surrounding the applicaht's properS, (_--.. 8worn to before me this '~Z.~Z~dayo~ . ~ ~20~0 (Notary Public) VICKI TOTH Notary Public, Stat~ of New YoFk '.. flo. O1T06190696 uu~ f/ed in Suffolk Count Commission £xoires July 28 2~jf~ PLEASE list, on the back of this Affidavit or ona sheet of paper, the lot' numbers next to the owner names aha addresses for Which notices were mailed. Thank you: $ $0.~4 097,1 $2,~0 04 Postmark $2.30 Here $0,00 i$ ss.st 12/21/~to I ,--1 Postag~ Certified Fee S2.~ Return Receipt Fee ' (Endorsement Required} $2 · 30 Restricted Detivery Fee (Endorsement Required} $0 · O0 Total Postage & Fees $ $~. St USE 0971 04 12/21/~310 Postage I Certified Fee $2.80 Return Receipt Fee (Endorsement Required) $2,~0 Restricted Delivery Fee (Endorsement Required} ~0.00 Totai Postage a Fee@ $ $5,,~ 0971 Postmark Here 2121/2010 Postage $ $0.~ 0~1 Codified Fee $2.80 O~ Return Rece p Fee Postmark (Endomement Required~ $2,~0 Hem Restricted Delive~ Fee (Endorsement Required) , ~,00 Tota~ Po~tag~ S ~ ~5.54 t2/2~/20~0 Sent To . .......... 'nt.~ . ~. r. t~ ~. l ~ ~~ ~,'7~** '"7 .............. '7 .............. ¢ ....... ~/"---~- ......... Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.44 $2.80 $2.30 $0.00 $ $5.5~ 0971 O~ Postmark Here 12/21/2010 Postage Certiried Fee Return Rece p Fee (Endorsement Required} Restricted De~ivery Fee (Endorsement Required) Total Postage & Fees $0.~ $2.80 $2.30 $0.00 $ $5.54 0971 Postmark Here 12/21/2010 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as ooo- b . oy.I COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING Sworn to before me tbs (Notary Public) __. ,~v ~_~_ lc, ~, INew York, beina duly s-'- '- ~ -- -- - s y wum, Geese and say that: On the~day of~, ~10, I ~rsonally plac~ the To~'s official Poster, Mth the date of heating and nature ofm~ application noted ther~n, sec~ely upon my pro~, located ten (10) feet or closer from the strut or h~t-of-way (~veway entr~ce) _ facing the s~t or facing each strut or right-of-way enhance;* and ~at [ hereby ~ ~t the Poster has rema~ed in place for seven ~ s -Nor ~ "/ the subject he~ng date, w~ch hearing date w~ ~ ....... ~ ~ Y v ~ [o u~at ~.te CONNIE D. BUNCH No. 01BU61860~0 CommQUalllied In 811ffa~ County *near the entrance or drivewa_y~__~anc~ o[my pm0ea34-as-lhe*reamost44si.bte:to?assersby Certified Fee r-3 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Foes $0.~ $2.B0 $2.30 $0.00 $ $5.54 0~71 04 Postmark Here 12/21/2010 · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Dellve~ Is desired. · Pdnt your name and address on the reveme so that we can return the carcl to you. · Attach this card to the back of the mallplece, or on the front If space permits, 1. Article Addressed to: 2, ~ Number [] [] Addressee D. I~dallv~yaddresad~fferentfromltem 17 []Yes If YES, enter dalh~,y address below:. [] No ~l~,4;erMllad Mall [] Exp~ees Mall ' J-I Registered [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (E~,tra Fee) [] Ye~ 7009 0820 0001 7818 0340 PS Form 3811, February 2004 · Complete Items 1, 2, and 3. AJso complete item 4 If Res~md De~lve~ Is deeired. · Print your name and address on the reverse so that we can return the oard to you. · Attach this card to the baok of the mellple~e, or on the front If space permits. 1. Artfcle ~,~resesd to: 2. Article Number O'~n,~er rrom sen, lce la~/) PS Form 3811, February 2004 [] Addressee Receive:lb C. Date of Dellve~ /from Item 17 []yes If YES, J ' addmes balow: [] No [] Expmes Mall R~l~ecl r'l Relum Receipt for Merchandise [] Insured Mall [] C,O.D. 4. Rest~ad ~k~y? ~_~a ~ee) OYes 7009 0820 0001 7818 0326 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 ~f Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpJece, or on the front if space permits. 1. Article Addressed to: 2. Artiele Number (Transfer from service label) [] Agent if YES, enter delivery address below: Service Type [] Express Mail [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Deliver? (Extra Fee) [] Yes 7009 0820 0001 7818 0319 PS Form 3811, February 2004 Domestic Return R~ceipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the ca~ to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service labeO ~lfled Mall [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mell [] C.O.D. Restricted Delivery? (Extra F~e) 71 Yes 7009 0820 0001 7818 0296 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete Items 1, 2, and 3. Also comptete Item 4 If Resfllcted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this can:l to the back of the mallplece, 2. A~ Number B. Received r D. Is delivery dddmse different from Item 17 IYe~ ff YES, e~ter delivery address below: [] NO 8eevioe Type [] ~=~x~ M~I [] Return Receipt far Memhencl~ce [] Insured U~ll [] C.O.D. 4. Restflcted Delively? (Ex~a Fee) 7009 0820 0001 7818 0357 PS Form 3811, February 2004 Domestic Retum R~lpt Office Location: Town Annex/Ftrst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 4, 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 # 6436 Owner/Applicant: Cavallo, B. & Abramchik, L. Action Requested: Inground swimming pool in front yard. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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. Lesli,e'l; By: ~Veisman/,~ I 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 February 17, 2011 Nancy Dwyer Design P.O. Box 632 Southold, NY 11971 Re: ZBA File#6436 - AbramchildCavallo Dear Ms. Dwyer: Transmitted for your records is a copy of the Board's February 16, 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 BuZding Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. AREA = I 954 AC RES PECONIO SURVEYORS (516) 765 - 5020 P.O, BOX 909 MAIN ROAD ~SOUTHOLD~ , N.Y. 11971 OF LIC. NO. HILL LOT CREST ESTATES ONE SUFF. CO. MAP t LOT 2 441, .00' fr. h.e. · ~,~on ~.~, [ ~ ~4<'~ ~_ S.78a34'40'' W. 496 I 8 ~ SEC TION LOT 3 ENGINEERS 337. NO. 72! 8 N/O/F HOWARD L. YOUNG ~ BARBARA A YOUNG MAIN. ROAD ( N.Y.S RT. 25 Prepared in accordance with the minin stan&zrds for title *un~ey~ as established b the L I. A- L $. and approved and adopte for ~ u~ by Th~ ~ Yo~ ~a~ Lczrr SURVEY OF PROPERTY AT ORI E. NT TOWN OF $OUTHOLD SUFFOLK COUNTY, ,N.Y. I000 OIB - 06 - P/O 24 SCALE I" = 60' OCT. 20, 1986 DEC 18 , ! 986 CERTIFIED TO JULY 8 ~ 1987 FIRST AMERICAN TITLE INS. COMPANY OF NEW YORK. REN ABSTRACT MAY .WATSON ~O 7