HomeMy WebLinkAbout6459
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehfinger
George Homing
Ken Schneider
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
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)
Somhcfid NY 11971
RE .CE1VED
APF[' 2 5 2011
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF APRIL 20, 2011
ZBA FILE: 6459
NAME OF APPLICANT: Frank Orito
PROPERTY LOCATION: 3420 Stars Rd., East Marion, NY
SCTM# 1000-22-2-18
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.
PROPERTY FACTS/DESCRIPTION: Subject property is 20,459 sq. fi. and is improved with a one and two-story
dwelling with attached garage and sunroom. It has 190.00 feet of frontage on Stars Rd., 106.23 feet on the southern
property line, 190.02 feet along the eastern property line and 109.13 feet on the northern property line as shown on
the survey prepared by Nathan Taft Corwin, III L.S. last revision January 26, 2011.
BASIS OF APPLICATION: Request for Variance from Art. III Code Section 280-15 and the Building Inspector's
February 16, 20l 1 Notice of Disapproval based on an application for building permit to construct accessory in-
ground swimming pool at; location other than the code required rear yard.
RELIEF REQUESTED: The applicant proposes to construct an in-ground swimming pool in the side yard where
the code requires a rear yard location.
ADITIONAL INFORMATION: The Applicant's property has been the subject of two prior variances.
In Decision #5446 dated Jan. 8, 2004, the Applicant was granted a variance (alternative relief) to locate the single
family dwelling with a 30 foot rear yard setback, rather than the Code required 50 foot. In Decision #5954 dated
Oct. 5, 2006, The Applicant was granted a variance to locate an addition to the house with a rear yard setback of 31
feet.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application April 7, 2011 at which time written and oral
evidence were presented. Based upon all testimony, documentation, personal inspection of the property and
surrounding neighborhood, 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). Grant of the variance of will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. Accessory in-ground swimming pools are a customary
accessory in this residential neighborhood. The proposed location is well screened from the road and adjacent
property by mature landscaping
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The property has an average depth of +/-107 feet, and due
Page 2 - April 20, 2011
ZBA File#6459 - Orito
CTM: 1000-22-2-18
to the location of the house on the property, with its conforming front yard setback, but non-conforming rear yard
setback, and because the septic system also situated within rear yard area, a pool can not be feasibly located In a
conforming area on the property, and therefore requires variance relief in order to be built within the side yard.
3. Town Law l~267-bO)(b)(3). The variance granted herein is substantial because the pool will be built in the side
yard, rather than the rear yard. However, the existing house location and the shallow depth of the lot makes a
conforming pool location impossible. The applicant has placed the pool at 50 feet from the road.
4. Town Law §267-b{3)(b){4) No evidence has been submitted to suggest that a variance in this residential
community will have an. adverse impact on the physical or environmental conditions in the neighborhood. Site
preparation will require a minimum removal of vegetation, and no trees need to cut in order to construct the pool.
5. Town Law §267-b{3)(b?{5}. The difficulty has been self-created, because the Applicant seeks to build a pool
on a parcel that is constrained by its overall size and shape and the selected placement of the existing house.
6. Town Law §267-b. Grant of 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 Homing, seconded by Member Goehringer, and duly
carried, to
GRANT~ the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, III L.S. last
revision January 26, 2011.
Conditions: Pool mechanicals shall be housed in a sound proof enclosure.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a
possible denial by the Building Department of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or
survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action
does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase thc degree of
nonconformity.
Vote of the Board: Ayes: Members Horning, Goehringer, l~eisman (Chairperson), Dinizio, Schneider.
This Resolution was duly adopted (5 -0).
L~slie Kanes W~isman
Chairperson
Approved for filing ~-A
/201
/
N/0 GNg~
~.~..~ 09- ~ ~'
LOT ~
106.25'
SURVEY OF
LOT 35
MAP OF
STARS MANOR
FILE No. 3864 FILED SEPTEMBER 19, 1963
SITUATED AT
EAST MARION
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-22-02-18
SCALE I"=40'
JANUARY 14, 2002
OCTOBER 7, 2003 ADDED PROPOSED HOUSE
APRIL 1, 2004 REVISED PROPOSED HOUSE
JULY 15, 2004 FOUNDATION LOCATION
SEPTEMBER 21, 2005 FINAL SURVEY
JANUARY 26, 2011 UPDATE SURVEY & ADDED PROPOSED POOL
AREA = 20.459 sq. ff.
0.470 ac.
CERTIFIED TO:
FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK
UTOPIA ABSTRACT
FRANK ORITO
P.EPARED IN .~CCO~O~'~CE ~r'~ ~ MmN,MUU
BOARD OF APPEALS ~D~S.E ~,.~L.S.~OR m~ SU~S ~ ~US"~DO~
FOR SUCH US A~ ~D
NY.S. kic. ~o. 504~7
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STA~E
EDUCA~ON LAW.
THE EXISTENCE OF RIGHTS OF WAY
AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED.
Nathan Taft Corwin III
Land Surveyor
Successor To: Stonley J. Isoksen, Jr. L.S. Joseph A. Ingegno L.S.
Title Surveys -- Subdivisions -- Site Plans -- Construc*don Layout
PHONE (651)727-2090 Fox (631)727-1727
OFFICES LOCATED AT MAILING ADDRESS
1586 Moin Rood P.O. Box 16
Jomesport, New York 11947 Jomesport, New York 11947
FORM NO. 3
NOTICE OF DISAPPROVAL
RECEIVED
FEB ~ 2 ~',t
BOARD OF APPEAL5
DATE: Febrnary , 6, 20, , (~¢~
TO: Frank Orito
.~20 gtar~ l~'.oed
E. Marivu, NY 11939
For a pe~it ~r ~ ac~ssory ~ound swimm~g pool at:
~eatlon ct propc~T ~4'AII ~tnra HOnfl~ P,, Mnnon, N Y
County Tax Map No. 1000 - Sc~ion 22 Block 2 ~t I 8
Is retum~ herewith and dNappmv~ nn th~ ~llnwing grin?Is'
Thc pm~s~,jg~und ~wimm~g pool is not pennitt~ pu~uant to A~icle II1
2g0 15 5~ioh otntm:
~the ease AC District & Low D~uitv R~j~¢~[ial RS0. _ .D~tricts. acc~soiw
buildh~s & st~cturcs or oth~.l~otv uses shall be locat~ ~ thc r~u~d r~r yard.
subject m ..,.~
The propps~ swhmn~m vvol is k,ud~ i. file
Authorized Signature
Note: ^fly change or cleviation to the above ret~rcncexl application, may rrJq uk~: fm th*;r
Review by tM 8outhuld Tuwu Buildiug Department.
CC: file, ZBA
~' RECE'~VED
I Fee: $,~-~ Filed By: Assignment No.
APPLICATION TO THE SOUTHOLD TOWN
HouseNo..~0StreetS3~.~ ~x(~0,~l Hamlet C('~,~%~-
SCTM I000 S~o./3~ Block ~ Lot(s) i% ~ot SM Zo.e
I (WE) APP, EAI~, THE WRITTEN DETERMINATION OF THE BUILDING INS]~ECTOR
DATED ~ ~ IL~ ~ ~ BASED ON SURVEY/SITE PLAN DATED ~ ~c-~L~ ~ ~ .
Applicant(s)/Owner(s): ~t'TO.~. C)¥c~)
Mailing Address: ~ ~d~ S3~C~.~ ~. ~0~3~ ~.~E)(~ (x,,~ { ~t~C~
Telephone:~' k~. ~ax: Email:
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: 1%'~ 0.(~.~. X_tX~ ~ f-10~ for neC~Other:
Telephone:~ax:~ Email: r'~EK~('ID ~.~ ~-~,~ ~/~ ~.
Ptease chect~ to specify who ym~co .~. po. ndence to be mailed to, frorm.t~e above names:
[--]Appiica.~/O~.e,~s), L_~A.tho.,~d Rep,~,e.taa.e, I I Other Nnme/Add.ss ~low:
WHEREI~Y TI~E BUILDING INSPECTOR REVIEWED SURVEY/SITI~ PLAN
DATED ~ I~Lol ,~ ~ and DENIED AN APPLICATION DATED~,~ ~'~ ~ ~
I ~ Building Permit ~ I
~.~Certiflcate of Occupancy ( ) Pre-Certificate of Occupancy
~.J Change of Use
I-~ 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: ~,Q~O Subsection: ~
Type of A,.~gpeal. 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 property.,
UNDER
Appeal
No(s).
~~Vear(~). ~q ,~ crt o . (?leone ~ s.~ to
research before completing this~--question or call our oj~ce for assistance)
Name of O~ner: File #
I~.I,L\S()NS F()R APPEAL (addition.i Uwet~ mar hu u~ed .'idl preparer',s
IRE I ! ~ IRI. I.\('E RI:'.ISO.YS:
BOARD OF APPEALS
undesirable change ~ill nor be produced iii the CIIARACTILI{ of the neiEhborbm}d or a
(2) The benefit sollgbt b3 the applicant CANNOT be achieved by some method feasible for the
applicant io pursue, off, er than an area xariance, because:
(3) The amount of relief requested is nol substantial because:
(4) l'hc varitHlce ~ill NOT haxe tin adverse effect or impact on the pbysical or cl~virolmlentai conditions
in Ibc neighborhood or (lislrict I)cc~lse:
(5) llas Ibc alieEed dil'fieult) been scll'-creatcd? ~Ses, or
Are there Coxenants ;ind Restrictions concernin~ this land:
Thisis/Ite MINIMUM that is necessar) and adequate, and at the same dine preserve and protect tbe
cJlal'ader oJ' Ibc neigld)orhood and the health, safetx ~illd ~eJJ'al-e oJ' Ibc COlllIllUIlJJy.
('lu'cl~ this box ~ IF I USE I iIRLI.~CIi IS BI/IN(; RIiOI EXTI:'D, i X ~_PI. E ISE CO,IIPLI~TI:' TIIIi
Signature of &p~la~or Authorized
SX'OIIt IO I}~H'e Ille Ihis ~ ~A~ ( ~c'nt nlus! subnlil t~illell [ulhorilntion I','onl
(}JJtII~SII~I IN SUFFOL~ COL,',-'
COMM. BP S 28 20 f~
Applicant:'~f ~(I~ ~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
I. For Demolition of Existing Building Areas
Please describe areas being removed: ~¥ ~
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:
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footagc of buildings on your property: ~ }~
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
V. PurEose of New Construction:
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
ami 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
Is the subject premis~ listed on the real estate market for sale?
Yes ~ No
Ar~l~e 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.) Are those areas shown on the survey submitted with this application?
3.) 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 area of proposed construction at or
below five feet above mean sea level?
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey tha! you are submitting?~O~Please show area of the
structures on a diagram if any exist. Or state none on the above line.
Do you have any construction taking place at tiffs time concerning your
premises? I~ If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Please 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? {'113
If yes, please label the proximity of your lands on your survey.
list
present use or operations conducted at this parcel ~,K),~91'I~C~ ~l(hO'[12~
I~ ~ ~1 . (ex: existing single family, proposed: same with
gara~, pool or other)
RECEIVED
BOARD OF APPEALS
PROJECT ID NUMBER
PART1-PROJECTINFORMATION
J 617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS
( To be completed by Applicant or Project Sponsor)
SEQR
1. APPLICANT I SPONSOR 12. PROJECT NAME
7. AMOUNT OF LANO AFFECTED: BOARD OF APPEALS
Initia~y acres Ultimately acres
ti. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS?
[~Yes [] No If no. descxibe briefly;
9. HAT IS PRESENT LAND USE IN VICINII~ OF PROJECT? (Cho~seasmanyasapply.)
no-,,,,..,.,,,,,
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY O~IER GOVERNMENTAL
AGENCY (Fe¢lera~J, Slate or LOCal)
r-]Yes if yes, list agency name and pem~il / approval:
11. DOES ANY~'A)~IA PECT OF THE ACTION H~VE A CURRENTLY VALID PERMIT OR APPROVAL?
j--lYes J~o If yes, list agency name and permit / approval:
ASA T
~e$ ~ OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE INFORMATION PRovIDED ABOVE IS TRuE TO I~IE BEST OF MY KNOWLEDGE
If the action is a Costal Area, and you are a stale agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED AN'~' TYPE { THRESHOLD IN S NYCRR. PART 617.47 If ye,. coordinate U3e review process and use {he FULL EAF.
S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? ~f NO, e negaUve"
ODd
i
C4. A -c~';Yn u nily's e xllf~ ~ pl'"ne m' goals as ,.~T~;= r~ )..d.~.? ~,~_. m' e ~1 ....~.~ II1 uae "or ~r~,.g~x o~ use of'i~d
E. I$ THF_RE, OR IS TI- E LIKELY TO B El COI~'~ROVI~'RSY RELATE~ TO POTE~T1AL ADVERSE ENVIRC ;; ~-~C~q'AL IMPACTS?
PART III - DETERMINATION OF 81ONIFICANCE cra be ~ompleted by Agency)
be assessed In connection with Its (a) settfng (I.e. urban cx rural); (b) pnpbablll~y Of occurring; (¢) rJuratJon; (d) Irreversibi~ity; (e)
Name o~ Lead Agency
Date
Print o~ Type Name o! Respo~lsibte Officer In Lead Agency
Tllle of Responsible Officer
Signature of Responsibte Officer In Lead Agency Signature of Preparer (If differenl from responsible o~cer)
APPI,ICANT/AG ENT/REPRESENTAT1VE
TRANSACTIONAL DISCLOSURE FORM
~'Dg: TOwn of So~thold's Cock: of Ethics o~hibits co nlqiet$ of inter~at o_n the oart of town o f~icer~ mM emnlovee& lh¢ raw~ of
Tad ~evance ~ / Building
die appropriate line A) through D) and/or descfihc in thc space provided.
The town ot~cer or employee or his or her spouse, sibling, parcm, or child ~s (check all ~hat apply):
A) thc owner of gre.~ter than 5% of the shares or' the corporate stock of the applicanl
DESCRIPTION OF REI~TIONSIBP
Form TS I
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethies orohibits conflicts of interest on the part of town officers and emvlovees. The ouroose of
this form ia to orovide information which can alert the town of oosalble conflicts of interest and allow il: to take whatever action is
necessary to avoid same.
(LaSt name, first name, middle initial, unless you are applying in the name of
~omeone else or other entity, such as a company. If so, indicate the other
NAME OF APPLICATION: (Check all that apply.)
Tax grievance
Variance ~
Change of Zone
Approval of plat
Exemption from plat or official map
Other
(If"Other", name the activity.)
Building
Trustee
Coastal Erosion
Mooring
Planning
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, o? 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
i~[;ich the town officer or employee o?i move th~fthe shares.
If you answered "YES", complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicanffagentYrepresenta0ve) 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, or child is (check all that apply):
__.A) the owner of greater than 5% of the shares of the corporate stock &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 ia not a corporation);
__.C) an officer, director, pmtner, or employee of the applicant; or
___D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
RECEIVED
BOARD OF APPEALS
Form TS 1
Letter of Authorization
To: 'I'o~n of Southhold, 7onin§ Board of Appeals
FEB ~ ~, ~_0~
BOARD OF APPEALS
(premise street address)
District: 1000 Section:22 Block:
County of Suffolk
Private Ownership: I,
Corporate Ownership: I,
Do Authorize:
2 Lot/Lots: 18
, Town of Southold , Zone
~-,.~ ~'~0 ~, ~, ~'~..u &'~ s owner.
(full name print)
(print full name)
(print title)
(print name of partnership/corporation)
Morano Expediting Services
4 Hamilton Ct., Coram, NY 11727
to act on my behalf for the following Zoning Board of Appeals application '
as owner.
-(Signaiure of O,wner 0 icer)
(Print name and title)
Sworn .~before me this
Cay of~g~ u~..r ~ ,2011
/ ~~ '/~. CIDONE
L..,/// Notary Public/ Notary Public, State of New York
/ No. 01014661406
' Qu,alified in Suffolk County
C~nrnissior, Expires Dec. 31, 2013
Disapproved
Expiration
Building Inspector
blCATION FOR BUILDING PERMIT
sets of plans,
b. Plo
ar~as~ and wa!
¢. The
d. Up~
shall be kept c
e. No
issues a Cezt. if
f. Ev
issuance or ha~
property have
addition six m~
APPLI
Duilding Zone
Regulations,, fo
applicant agree
authorized ins
S t ate whethe~
Name ofowne
If applicant is ~
CN~me
Builders L~ct
Plumbers Li~
Electricians L
Other Trade'si
1. Location of
House Nun
County Tm
Subdivision
Phone:
(As on the tax roi! or latest deed)
· corporation, fignatum of duly authorized officer
and on whic[ proposed work will be done:
MapNo. 1000 S~fion ~ Block
Fil~ Map No.
Lot
~lOV 1 5 2)10 Date ,20
INSTRUCTIONS
· 8LOG. OEP [ ,
~~~tely:fflled in by typewriter or in ink and sulmaitted to thc Building Impector with 4
.curate plot pla a to scale[ Fee according to schedule.
plan showing 13(~tion of lot ~d of buildings on premises, relationship to adjoining premises or public streets or
rways.
a, ork covered lc y this application may not be commenced before issuance of Building Permit.
a approval of fld:~ appligafien, the Building. Inspector will issue a Building Permit to the applicant. Sech a permit
tthe premises, v filable for inspection throughout the work.
uikling .~,~hall bo occupied or used in whole or m part for any purpose what so ever until the Building Inspector
:ate of Occupm ~cy.
t building per~ il shall expire if the work authorized ha~ not commenced within 12 months after the date of
not been competed within 18 months fi.om such date. If no zoning amendments or other regulations affecting the
een enacted in :keintenm, the Building Inspector may authorize, hi writing, the extension of the permit for an
aths. TheresRe:, a new peamit shall be required.
2ATION IS HI~EBY MADE to the Building Department for the issuance of a Building P~mit pursuant to the
)rdinance ofth* Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
· the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
t? comply wi! ~ all ap?.ticab!e !aws, ordinances, building code, hons,'mg code, and regulations, and to admit
~ctors on prenn,~ s aha m bmlding for necessary inapeetions.
V (Signatm'e ~'e~lieant or name., if a corporation)
·
('Mailing addre~ of applicant) / ]
9plieant is ov ~ er,.lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
4. Estimate~l Cost
5. If dwelling, number of dwelling units
If garage, number of cam ~
and intended use'. doccupancyofpro~,~eonStrUcti ·
State existing use and occupancy of premises . ~.~P',,. ~, ' . '
a. Existing use and occupancy ~/~pL~ ! ~_~.- _
b. Intended use ~ ~
Addition Alterati
Repair Removal Demolition (~escfiI tion)
Fee
(To be paid on fling this appli :ation)
Number of dwelling units on each 'Q,)or
If business, commercial or mixed occupancy, specify nature and extent of each type o-~'~tse.
Dimansions of existing structures, if any: Front ~'eT!Reox ~7/ _Depth
Height )..ID I Number of Stories ~ r- _ -' --:-'-: ': ......
Dimens,ons o same. t tu a.e ation, or a itms: Front (5
Depth Height Numb~,~!o~tStofie~
8. Dimensions of entire new construction: Front
Height Number of Stories
9. Sizeoflot:Front!qd' l qv'
10. DateofPurchase.~/d-'C,'~oq" Name ofFormer Owner
Rear
Depth
~1 l. Zone' or use district in which premises are situated . //-
12. Does proposed construction violat~y zoning law, ordinance or regulation? 5rES NO ~
13 Will lot be re-graded~YES t~/ NO Willexcess fill be removed from premises? ~ES I,/ NO__
~t 4. Name~ of Owner of premises. Address Pho: ~e No.
Ph~m No
Name of Arcah_iteet , _ _ , ,/) . . Address
Name ofContractorL/~_ ~z,_~a~,~//)rtff~/d' Address _~lf,,~_.~_~'~'~'~'~'~'~'~'~ Phot.eNo.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _._NO
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE.~QUIRED.
.b. Is this property within 300 feet of a tidal wetland? * YE8 NO ~
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topogmphic~fl data~on survey.
18. Are there any covenants and restrictions with respect to this property?. * YES NO ~2/
· IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
SS:
coum OF;_
l ,,.r tt C'v'-c
being duly sworn, deposes ~and sa~s;,th~a'¢,~ s~_heis the applicant
%
RECEIVED
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehdnger
Lydia A. Tortora
Vincent Orlando
James Dinizio, Jr.
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 8, 2004
Appl. No. 5z1~6 - FRANK ORITO
Property Locatior~: 3420 Stars Road, East Madon; Parcel 22-2-18
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southoid, NY 11971-0959
Te,.(631),65.'1809
Fax 765-9064 (~{,~
. RECEIVED ~..x.~
~/4.~ 2 0 2004
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 an adverse effect on the environment if the project is implemented
as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 20,459 sq. fl. Parcel is vacant with 190 ft.
frontage along the east side of Stars Road and lot depth of 109.13 feet along the north side line and
106.23 feet along the south side line, in East Madon.
BASIS OF APPLICATION: Building Department's October 3, 2003 Notice of Disapproval, amended
October 20, 2003 citing Section 100-244, in its denial of a building permit application to locate a
single-family dwelling at less than 50 feet from the rear lot line.
.FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December 18, 2003, 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:
AREA VARIANCE RELIEF REQUESTFD: ApPlicant wishes to construct a single-family dwelling
with a 35 ft. rear yard at the northerly end of the dwelling, and 23 feet at the southerly 2-story end of
the dwelling, at its closest point, as shown on the January 14, 2002 survey, amended October 7,
2003, prepared by Joseph A. Ingegno, L.S.
_REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and
personal inspections, the Board makes the following findings:
1. Grant of the alternative relief will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The proposed two-story house is 69 feet wide
by 45 feet in depth, including a front porch, breezeway and attached garage, and the applicant has
requested a rear yard setback at 23 feet, instead of the code required 50 feet. An increased rear
yard setback is available by reducing the house size to meet similar nonconforming rear yard
Page 2 - ~nuary 8, 2004
Appl. Nc ,~46 - F. Odto
222-2-18 at East Marion
setbacks in the area A 30 ft. altemative setback is more in keeping with the dwellings existing in the
neighborhood, instead of the requested 23 feet.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicant to pursue, other than an area variance. If the dwelling were 50 feet from the rear and 40 ft.
from the front yard lines, the depth of the proposed dwelling would only be 20 feet. The property is
460 sq. ft. larger than a lot of 19,999 sq. ft., which would be allowed a 35-ft. rear yard setback
without a variance.
3. The vadance granted herein is substantial. Although the size of the property is 20,459 sq. ft., the
rear yard setback increases to a minimum 50 ff. rear yard, instead of 35 feet for a lot having less
than 20,000 sq. ft. This relief granted is for a 30 ft. rear yard setback, instead of the requested 23
feet.
4. The difficulty was self-created when the dwelling was planned without conforming to the current
Town Code requirements.
5. No evidence has been submitted to suggest that a variance in this residential community of
nonconforming size lots will have an adverse impact on the physical or environmental conditions in
the neighborhood.
6. Grant of the alternative relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new dwelling with porch and garage, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by
Member Goehdnger, and duly carded, to
DENY, the variance as applied for, and to
GRANT alternative relief for a 30 ft. rear yard.
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.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehdnger, Tortora, and Orlando.
Member Dinizio, newly appointed 1/6(O~abs..~ta~ed,,~-.; Th,~,~h?sdution was duly adopted (4-0).
Ruth D. Oliva, Chairwoman 1/1"~/04
Approved for Filing
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
Mailing Address:
Southold Town Hall
53095 Main Road * P.O. Box 1179
Southold, NY 11971-0959
Town Annex/First Floor, North Fork 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
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 5, 2006
ZB File No. ~ Frank Orito
Property Loc~fion: 2420 Stars Road, East Marion CTM 22-2-18
RECEIV -D
11 .'
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 an adverse effect on the environment if the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 20,459 square foot parcel is improved with a single-
family, two-story dwelling with garage, as shown on the January 14, 2002 survey prepared by Joseph A.
Ingegno, amended September 21, 2005.
BASIS OF APPLICATION: Request for a Variance under Section 100-244, based on the Building Inspector's
June 9, 2006 Notice of Disapproval concerning a proposed addition to the existing dwelling which will be less
than 50 feet from the rear lot line. The Notice of DJsapproval states that the addition will be approximately 30
feet from the rear yard lot line.
FIND NGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 28, 2006, 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;
.AREA VARIANCE RELIEF REQUESTFD; The applicant wishes to add an unheated, one-story 12' x 16' glass
and screen sunroom addition in a location 31 feet from the rear property line.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
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 wishes to construct a glass and screen sunroom which will be
located at the southeast side of the dwelling in the vicinity of an existing deck. The setback of the new
construction is requested at 31 feet from the rear lot line, which is slightly greater than the nonconforming
setback of the dweliing that exists.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursue, other than an area variance because the house has been existing with a 30 ft. rear yard setback since
it was built, and an expansion of a nonconforming setback may not be obtained without a variance.
3. The variance granted herein is not substantial. Construction of a sunroom will not decrease the existing
Page 2 - October 5, 2006
ZB FiJe No. 5954 - Frank Orito
CTM No. 22-2-18
30-foot rear setback, although it will extend the house on one side, where a small entry and the owner's
garden are now. The remaining side yard will be substantialJy greater than the code minimum requirement of
20 feet.
4. The difficulty has been self-created in that the original building was built with a 30 ft. rear yard setback.
5. 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 lot coverage is noted at
less than 18.5 percent for all building area, and the sunroom will be a single-story unheated addition replacing
an outside step area.
6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy
the benefit of a glass and screen enclosed sunroom, while preserving end protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairwoman Oliva, and duly
carried, to
GRANT the variance as applied for, as shown on site and construction diagrams prepared 4/17/06 by
John A. Barbiere Architects & Associates, A.I.A.
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 fealura of the subject property that may
violate the Zoning Code, other than such uses, setbacks and other features as ara expressly addressed Jn this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not
increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon. Absent was Member
Weisman. This Resolution was duly ado~d~4-O,.
Ruth D. Oliva 10130106
Approved for Filing
TOWN OF SOUTHOLD PROPERTY RECORD CARD ~/~ ~ ~-~£
~?~ER/~ (~,_~//~(~VOC."i=~U.~J- STREET 3 Ljt~J~(~ VILLAGE DIST. SUB. ~ LOT~
FORM[R OWNER - N E ACR. J
~ ~ ~ Ib3~ ~r,~ S W ~PE OF BUILDING
RES. ~1 ~ SEAS. VL~ FARM COMM. CB. MISC. Mkt. V=lue
~ND IMP. TOTAL DATE REMARKS~ e/2 ~/ ~- ~, ~,
~CGE ~00 II
M~lu~ Per / ~/alue~
Tillable 2 ~
~ill~ble 8
Woodland
S~=mpl~na FRONTAGE ON WATER
Bru,M~nd FRONTAeE ON ROAD / ~ ~ ~ ~ = // ¢ n
House Plot DEPTH / ~ ~
BULKH~D
Total DOCK
~OLOR
'RI,M
22.-2-18 9/06
Extension
Extension
Porch
Breezewoy
Garoge
Patio
Total
2
Foundation
Basement
Ext. Walls
Fire Place
Bath
Floors
Interior Finish
Heat
Type Roof Rooms 1st Floor
Recreation Roorr Rooms 2nd Floo
Dormer
Driveway
j~inette /
DR. ~'/
BOAi:~D OF APPEALS
sOARD Ci $ A?P~iAh5
i~'own of Southold
P.O Box 1179
Southold, NY 11971
Date: 02/24/11
Transaction(s):
1 1
* * * RECEIPT * * *
Application Fees
Receipt#: 98106
Reference Subtotal
6459 $400.00
Check#: 1031
Total Paid: $400.00
Name:
ClerklD:
Barrier, Reef Pools Inc.
984 Rte 25a
Miller Place, NY 11764
CAROLH
Internal ID: 6459
~Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 02/24/11
Transaction(s):
1 1
* * * RECEIPT * * *
Application Fees
Receipt~: 98108
Reference Subtotal
6459A $100.00
Check#: 2673
Total Paid: $100.00
Name:
Morano, Expediting Services
4 Hamilton Court
Coram, NY 11727
Clerk ID: CAROLH Internal ID: 6459A
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
February 25,2011
Zoning Appeal No. 6459
Transmitted herewith is Zoning Appeals No. 6459 of Morano Expediting for Frank Orito -
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, Authorization Letter from Frank Orito to Morano Expediting to
Represent him in this Matter, Copy of Application for Building Permit, Notice of Disapproval
from Building Department Dated February 16, 2011, Copy of Survey Showing Existing &
Proposed Construction, Copy of Findings & Determinations from Board of Appeals No. 5446
Dated January 8, 2004, Copy of Findings & Determinations from Board of Appeals No. 5954
Dated October 5, 2006, Copy of Property Record Card (Both Sides), 3 Pages of Photos of
Property as it Exists and Stakes Showing Location of Pool, Copy of Plans of Pool Showing
Construction and Dimensions Prepared by James A. Marx, Jr., Copy of Survey Showing Existing
& Proposed Construction Dated January 26, 2011 Prepared by Nathan Taft Corwin III.
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · RO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 7, 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~ APRIL 7~ 2011:
t0:00 AM - FRANK ORITO #6459 - Request for Variance from Art. III Code Section 280-15
and the Building Inspector's February t6, 2011 Notice of Disapproval based on an
application for building permit to construct accessory in-ground swimming pool at;
location other than the code required rear yard; at: 3420 Stars Road E. Marion, NY.
SCTM#1000-22-2-t 8.
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) 765-1809, or by email:
Vic ki.Toth~,,Town. So uthold.ny, us.
Dated: March 7, 2011
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
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME
ORITO, FRANK
#6459
MAP #
22-2-18
VARIANCE YARD LOCATION
REQUEST Accessory in-ground pool
DATE: THURS, APRIL 7, 2011 10:00 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
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
March 7, 2011
Re: Town Code Chapter 55 -Public Notices for Thursday, April 7, 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 March 215t:
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 tn
obtain a mailing address or to deliver the letter to the current owner, to the best of your ability,
and to confirm how arrangements were made in either a written statement, or during the
hearing, providing the returned letter to us as soon as possible;
AND not later than March 28th: 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 March 30th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not more than
10 feet from the front property line bordering the street. If you border more than one street or
roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your
Affidavit of Posting for receipt by our office before April 5th, 201 I.
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.
10161
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
24th day of March, 2011.
Principal Clerk
Sworn to before me this i,~ ~ day of
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY APRIL 7, 2011
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN pur-
suant to Sect on 267 of theTown Law and
Town Code Chapter 280 (Zoning). Town
of Southold, the following public hear-
ings will be held by the SOUTDOLD
TOWN ZONING BOARD OF AP-
PEALS at the Town Hall, 53095 Main
Road, RO. Box 1179, Soutimld, New
York 11971-0959, on THURSDAY
APRIL 7. Z01!-
9.30 a.ra. - ANNE R. RUNT[iNG
#6455 - Request for Variance from Art.
XXII Code Section 280-116A(1), Art.
XXIII Section 280-14 and Art. III Sec-
tion 280-15F and the Building Inspec-
tor's January 24, 2011 Notice of Disap-
proval based on a building permit ap-
plication for additions & alterations to
existing dwelling and construction of an
accessory structure at; 1) at less than the
code required setback of 100 feet from
the top of bluff, 2) Accessory structure
at less than the code required setback of
100 feet from the top of bluff. 3) less than
the code required front yard setback of
60 feet, 4) accessory structure at less than
the code required front yard setback of
60 feet on water front property at: 2427
Isabella Beach Rd.,(adj. to Block Island
1~1d4 ) Fmhers Island, NY. SCTM#1000
.1 and il- 1-7.5.
10:00 a.m.. FRANK ORIYO g6~
- Request for Variance from Art III
Code Section 280-15 and the Building
/aspector's February 16, 2011, Notice
of Disapproval baaed on an application
for b~ilding permit to construct acces-
sory m-ground swimming pool at; loca*
tion other than the code required rear
yard; at: 3420 Stars Road E. Marion, NY.
$CYM#1000-22-2-18.
~[]~I~L- Request for
Variance from Art. III Section 280-15
and the Building InspeCtor's December
30,2010 Notice of D sapproval based on
a building permit application for acces-
sory gazebo at; 1) a location other than
the code required rear yard, at: 52325
County Rd. 48 and Sound View Ave.,
Southold. NY. SCTM#I000-135-2-24,
lth.40 a.m.: JAMES and KARIq~
~DY ~7 - Request for Variance
from Art. XXIII Code Section 280-124
and the Building Inspector's December
16, 2010 Notice of Disapproval based
i on an application for building permit
to construct accessory in-ground swim-
ming pool and pool house at; lot cov-
erage of more than the code required
20%. at: 2855 Laurel Trail Laurel, NY.
SCTM#1000-125-4-24.9.
~. - DAInty M. FOLK g64~0
- This is a request for a Waiver of Merg-
er under Article II, Section 280-10A,
to unmerge land identified as SCTM
#1000-59-6-I0, based on the Bud ng
Inspector's December 16 2010 Notice
of Disapprova, which states adjoining
nonconforming lots held in common
ownership shall merge until the total
lot size conforms to the current bulk
schedule (minimum 40,000 square feet
in this R-40 Residential Zone District)
this lot is merged with lot 1L Property
located at; 7599 & 7475 Soundview Ave,,
(adj. to 2 Private Rd~) Southold, NY.
' ff6454 - Request for Variance from Arti-
cle XXIII Code Section 280-124 and the
Building Inspector's February 4, 2011
~otice of Disapproval based on a build-
mg permit application for porch addi-
tion to existing dwelling at at less than
the code requ red front yard setback of
50 feet, at: 5575 Sound Ave., Mattituek,
NY. SCTMg1000-121-1.3.2.
'~OTARY PUBLIC..$'~AT~ Of' NEW YOP~
No. 0! -V-~t 05050
7~v,~ii{!ed in Suffolk County
LI:00 p.m. - NORTH FORK COM-
MUNITY THEATER #6460 - Request
for Variance from Art. Ill Code Section
280-46 and the Building Inspector's De
cember 1, 2010, Notice of Disapproval
based on an application for building per-
mit for lot line change at; 1) lot size less
than the code required 20,000 sq. ft. per
Bulk schedule in HB District, 2) less than
the code required rear yard setback of 25
feet, 3) less than the code required side
yard setback of 10 feet, at: 12700 Sound
Ave and 12605 Main Rd.,Matdtuck. NY
Carryover Hearings, continued from
prior meetings and pending additional
information:
Adjourned from Public Hearing Feb-
rusty 3, 2011:
L~0 pan. - IRENE RUTKOSKI E~-
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. Fdes are available for
review during regular business hours
and prior to the day of the hearing, ll
you have questions, please contact our
office at (631) 765-i809, or by email:
Vicki.Tot h@Town. So ut hold.n y. us.
Da(ed: March 7, Z011
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
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
MAILINGS
(Name of Applicants)
SCTM Parcel # 1000-
COLrNTY OF SUFFOLK
STATE OF NEW YORK
I, ~I&(lC~ [.(x~'p~$0,) residingatZ/ t4fAff'~i 14'oD ~ Cc.t'~;,-rm AJY' II7~?
New York, being duly sworn, deposes and says that:
On the cq }St day of ~ 6tv'c h ,20 l I, I personally mailed at the United
States Post Office in ~(3~(~tn'l , New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners shown on the current assessment
roll verified from the official records on file with the (,.9"'Assessors, or ( ) County Real
Property Office for every property which abuts and is across a public or private street,
or vehicular right-of-way of record, surrounding the applj~m,l~s property.
~ (~gnat~lre)
Sworn to before me this
2q dayof /P~BrL/~ ,20//
/.y A.. Notmv ~ ..... ·, ~ ,.'vYork
t~ Public) O,, .i ~ 9:~ ~ County
PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were mailed. Thank you.
22-2-17
Martin Wixted/Rosemary Lohin 266 Bowery NY, NY 10012 (mailing address)
Martin Wixted/Rosemary Lohin 3550 Stars Rd., East Marion, NY 11939 (physical address)
22-2-19
Oydsseas Pyrovolakis 3180 Stars Rd., East Marion, NY 11939 (mailing & physical address)
22-2-23
Emmanueal & Barbara Caravanos 38-28 217~h St., Bayside, NY 11361 (mailing address)
Emmanueal & Barbara Caravanos 3475 Stars Rd. East Marion, NY 11939 (physical address
22-2-22
Michael & Ors Thalassinas 5040 The Long Way, East Marion, NY 11939 (mailing address)
Michael & Ors Thalassinas 3405 Stars Rd., East Marion, NY 11939 (physical address)
22.2-21
Pantelis Sgourus 3175 Stars Rd. P.O. Box 597 East Marion, 11939
22.2-1
Lambrou Georgia C. Rvc. Trust 5440 N. Ocean Ave. Apt. 1506 Singer lsland, FL 33404 (mailing)
Lambrou Georgia C. Rvc. Trust 1365 Aquaview Ave., East Marion, NY 11939 (physical)
Postage
C~tified Fee
r-1 Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
FM
$0.44
$2.80
$2,~0
$0.~
$5.54
03/21/2011
~' L Emmanuel S~ Barbara Caravanos ~ 11
~~ 38:-28 217th St. ' ................ 1
r,- Baysmde, NY 11361 .... . ................
po~tage ~0. ~IZI ~
$2.8O 2'/
Hem
$2.~0
$§.5~ 03/21/2011
Michael SC Ors Thal~.$sinas
340.5 Stars Rd ..................
E Marion, NY 11939
·
AL USE
Odysseas Pyrovolakis ' I
c:r I 3180 Stars Rd. ' ................ t
$2.8O 2?
Emmanuel ~Z Barbara Caravanos
3475 Stars Rd.
E. Marion, NY 11939
$2.80
$2.30
$5.~
I~ichael ez Ors Thalassinas
$040 The Long Way
E. I~arion, NY 1193?
Postmark
Here
03/21/2011
· tS.
Pantehs Sgou~'o~
3175 Stars Rd.
O727
03/21/2011
Cedi fled Fee
Retum Recep Fee
r~ (Endorsement Req ulred)
$2.30
Lambrou Georgia C. Rvc Trust
1365 Aquaview Ave.
E. l~arion, NY 11939
03/21/2011
$2.80
$2.30
266 Bowery
New York, NY 10012
ru
$2.80
$2.30
$0.00
$5.~
03/21/2011
Martin 3%x~)d~ taRdieR%trY Lo bin ...L .............
n~ [ Lambrou Georgia C. Rvc Trust
~ I .5440 N. Ocean Dr. Apt. 1506 .................
r~L Singer Island, FL 33404
Postmark
$2.30 H~
03/21/20~1
USPS-Track& Confirm
UNITED STATES
I~~$ERVICE~
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Label/Receipt Number: 7009 2820 0000 9996 2845
Expected Delivery Date: March 22, 2011
Olass: First-Class Mail®
Service(s): Certified Mail'"
Return Receipt
Status: Delivered
Your item was delivered at 4:24 pm on March 22, 2011 in BAYSIDE, NY
11361.
Detailed Results:
· Delivered, March 22, 2011, 4:24 pm, BAYSIDE, NY '11361
· Notice Left, March 22,201'1, 1:23 pm, BAYSIDE, NY 11361
· Arrival at Unit, March 22, 2011, 8:21 am, BAYSIDE, NY 11361
· Acceptance, March 21, 2011, 3:01 pm, CORAM, NY 11727
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Cop~'ight~ 2010 USP$. ,NI Rights Reserved. NO FEAR Act EEO Data FOIA O ;~
1 ofl 4/6/2011 4:57 PM
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Label/Receipt Number: 7009 2820 0000 9996 4795
E~pected Delivery Date: March 24, 2011
Class: Flint-Class Mail®
Service(s): Certified MailTM
Return Receipt
Status: Delivered
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Enter Label/Receipt Number.
Your item was delivered at 2:20 pm on April 01,2011 in GREENPORT,
NY 11944.
Detailed Results:
· Delivered, April 01, 2011, 2:20 pm, GREENPORT, NY 11944
· Notice Left, April 01, 2011, 8:52 am, GREENPORT, NY 11944
· Arrival at Unit, April 01, 2011, 8:31 am, GREENPORT, NY 11944
· Processed through Sort Facility, April 01, 2011, 1:21 am, MELVILLE, NY 11747
· Undeliverable as Addressed, March 24, 2011,4:16 pm, WEST PALM BEACH, FL 33404
· Acceptance, March 21, 2011, 3:01 pm, CORAM, NY 11727
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Cofl~lgh~ 2010 USPS. Afl Rights Reserved. No FEAR Act EEO Data FOIA O ~
lo fl 4/6/2011 4:55 PM
· Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
[] Addressee
D. Is delivery address different from
If YES, enter dalive~J
PantelisSgoums~
3175 Stars Rd.
P.O. Box 597
E. Marion, NY 11939
2. A~ticle Number 7 0 0 9
(Transfer from sew/ce ~be
PS Form 3811, February 2004
3. Service Type
~Certifled Mall [] Express Mall
[] Registered [] Return Receipt for Merchandise
[] Insured Mal~ [] C.O.D.
4, R~,--~Jctecl Deliver? (Extra Fee) [] Yes
2820 0000 9996 2807
Domestic Return Receipt
· Complete Items 1,2, and 3. AJso complete
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
] ~aent
Emmanuel St Barbara Caravanos
3475 Stars Rd.
E. Marion, NY 11939
2. Article Number
(Trsnsf~r from sen, ice labeO
3' ~gndCe~Mall 0 Exprees Mall
4. Restflcted Deliver? (Extra Fas) I-I ye~
7009 2820 0000 9996 2838
PS Form 3811, February 2004 Domestic Retum Receipt 1025~5-0~-M-1S40
· Comptete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pr;nt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
Odysseas Pyrovolakis
3180 Stars Rd.
E. Marion, NY 11939
[] No
i~l [] ~ Mall
[] Registered [] Eeturn Receipt for Merchandise
[] Insured Mall [] C.O.D.
4. RestK~ted Delivery? (Ex~e Fas) [] Yes
2. Afdcle Number
(Transfer f~om service lebe/)
7009 2820 0000 9996 2852
PS Form 3811, February 2004 Domestic Return Recalpt 102595-024a-15~u
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Label/Receipt Number: 7009 2820 0000 9996 2869
E~pected Delivery Date: March 22, 2011
Class: First-Class Mail®
Service(s): Certified Mail"*
Return Receipt
Status: Notice Left
Enter Label/Receipt Number.
[
We attempted to deliver your item at 10:51 am on Mamh 22, 2011 in
EAST MARION, NY 11939 and a notice was left. You may arrange
redelivery by visiting www.usDs.com/redelivery or calling 800-ASK-USPS,
or may pick up the item at the Post Office indicated on the notice. If this
item is unclaimed after 15 days then it will be returned to the sender.
Information, if available, is updated periodically throughout the day.
Please check again later.
Detailed Results:
· Notice Left, March 22, 2011, 10:51 am, EAST MARION, NY 11939
· Processed through Sort Facility, March 22, 2011, 6:58 am, EAST MARION, NY 11939
· Arrival at Unit, March 22, 2011, 6:51 am, EAST MARION, NY 11939
· Acceptance, March 21, 2011, 2:57 pm, CORAM, NY 11727
~cation Options
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Get current event information or updates for your item sent to you or others by email. ~o >
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1 ofl
· Complete items 1, 2, and 3. Also compleee
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so thee we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
B, Received t~ PSnted Name)
Lambrou Georgia C. Rvc Trust
1365 Aquaview Ave.
E. Marion, NY 11939
2. Artlele Number
ffh~fer fr~m eew~ce/abe0
PS Form 3811, February 2004
3. S ce Type
8~i.~ Mell f-I Express Mell
[] Registered [] Return Receipt for Merchandise
[] Insured Mell [] C.O.D.
4. Restricted Delivery? (F__x~a Fee) [] Yes
7009 2820 0000
Domestic Return Receipt
9996 4788
· Complete items 1, 2, and 3. AJso complete
item 4 if Resthcted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach thi~
or on the front if space permits.
1. Article Addressed to:
..' ""(2~:" ,,' 3
Emmanuel ~[,Bar~_~al~rav~ps
/
2. Article Number
PS Form 3811, February 2004
If YES, enter delivery address below:
~0 Agent
D. Is delivery addmss different from lten317 []Yes
[] No
~ Mall [] Express Mall
4. Res~toted Delivery? (Extr~ Fee) [] yes
7009 2820 0000 9996 2845
Domestic Rmurn Receipt
· Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
· Print your name and address on the reveme
so that we can tatum the card to yco.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
[] Addressee
Martin Wixted/Rosemary Lohin
266 Bowery
New York, NY 10012 3.
i [] Registered [] ~etum Receipt for Merchandise
[] Insured Mail [] C.O,D,
4. Reeblcted Deliver? (F_Jdra Fee) []Yes
2'ArticleNumber 7009 2820 0000 9996 2876
PS Form 3811, February 2004 Domestic.... Retum Receipt to2.~es-~2.. -~t~
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~ UNITED STATES
POSTAL S~RVlCE.
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Label/Receipt Number: 7009 2820 0000 9996 2814
E~ected Delivery Date: March 22, 2011
Class: First-Class Mail®
Service(s): Certified Mail"'
Return Receipt
Status: Notice Left
Enter Label/Receipt Number.
We attempted to deliver your item at 10:47 am on March 28, 2011 in
COPAM, NY 11727 and a notice was left. You may arrange redelivery by
visiting www.usos.com/redelivery or calling 800-ASK-USPS, or may pick
up the item at the Post Office indicated on the notice. If this item is
unclaimed after 15 days then it will be returned to the sender. Information,
if available, is updated periodically throughout the day. Please check
again later.
Detailed Results:
· Notice Left, March 28, 2011, 10:47 am, CORAM, NY 11727
· Undeliverable as Addressed, March 22, 2011, 1:10 pm, GREENPORT, NY 11944
· Notice Left, March 22, 2011, 10:59 am, GREENPORT, NY 11944
· Processed through Sort Facility, March 22, 2011, 6:58 am, EAST MARION, NY 11939
· Arrival at Unit, March 22, 2011, 6:51 am, EAST MARION, NY 11939
· Acceptance, March 21,2011, 3:02 pm, CORAM, NY 11727
Notification Options
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Get current event information or updates for your item sent to you or others by email. ~.~
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1 of I 4/6/2011 4:58 PM ~:,
· Complete items 1, 2 and 3. AJso complete
item 4 f Res~cted Delivery is desired.
· Print your name and address on the reverse
so th~ we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. ArUcJe Addressed to:
Michael S[ Ors Thalassinas
3405 Stars Rd.
£. Marion, NY ! 1939
A. Signature
X ~ A4~mnt
[] Addressee
B. Received by (Printed Name) I C. Date of Delivery
D. Is delivery address diffemnt fremitem 17 [] Yes
If YES, enter delivery address below: [] No
~Cerafled Mall [] Express Mail
2. ArUcle Number
~rans~r ~om service/abe/)
PS Form 3811, February 2004
7009 2820 0000 9996 2614
Domestic Return Receipt 102595-02-M-1540
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
POSTING
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000-
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, b
residing at /~ ~Orrl, lq~ ~.-~-
, New York, being duly sworn, depose and say that:
On the ..~O'r~' day of /T~tl.~t,{,n ,201 I , I personally placed the Town's
Official Poster, with the date of hearing and nature of my application noted thereon,
securely upon my property, located ten (10) feet or closer from the street or right-of-
way (driveway entrance) - facing the street or facing each street or right-of-way entrance,*
and that
I hereby confirm that the Poster has remained in place for seven (7) days p/flor/to the
date of the subject hearing date, which hearing date was shown to be
Sworn to before me this
~L Dayof~.~ ,201/ I ~"~"~"~"~ I
O/.,l,,~Aft '- · I NOTAi~Y ~ STATE OF NL~WY(~K [
(Notary Public) I I
* near the entrance or driveway entrance of my property, as the area most visible to passerby.
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road ° P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Maifi Road (at Youngs Avenue)
Southold, NY 11971
April 21,2011
Diana LaSpisa
Moreno Expediting
4 Hamilton Ct.
Coram, NY 11727
Re: ZBA File#6459, Orito
Dear Diana:
Transmitted for your records is a copy of the Board's April 20, 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.
Sincerely~
Encl.
Cc: Building Dept.
TYPICAL
SOL
CONCRETE DECK
FIG. 1
lO'
TYPICAL
ABOVE (;ROUND
FIG. 2
PEA GRAVEL r R ECE/V~D,..,/~_,
BOARD OF APPEALS
INSTALLATIIO N
GENERAL NOTES:
1) POOL CLEAP~CES TO B[~LDINGS AND PROPERTY LINES SHALL BE 1N
2) ACCOKDANCE WITH LOCAL AND STATE KEQUiREMENTS.
THIS PLAN DOES NOT INCLUDE POOL LOCATION ON PROPERS,
3) GRADING, PENCINO, WALLS OR OTHER SITE INFORMATION.
ALL CONSTRUCTION SHALL BE DONE IN ACCOKDANCE WITH A]~L
LOCAL AND STATE REGULATIONS.
4) CONTRACTOR SHALL VERIFy BURIED UTILiTiES WiTHiN SURROUNDS
OF INSTALLATION AREA.
ADDITIONAL NOTE
IF POOL IS FDRNISBED WITH DRAINS OR SUBMERGED SUCTION
OUTLETS, THAN COMPLIANCE TO THE VIRGINIA GRAEME BAKER
POOL AND SAFETY ACT IS REQUIRED:
DRAIN COVERS ASME A 112.19.8 2007 AT 3 '-0" M~N APART
AND
' F ~ ENTRAPMENT AVOIDANCE MUST BE INSTALLED
James A. Marx Jr.
Pro~mmi~nsl E~llne.r
10 H;gh MountMn Romd
~.f t~ RI~gw~J,~J . N~w J.mey 07.
NY Professional Engineer License 56467
N~W YORK
NEW YORK STATE UNIFORM ~ PP,~VP~ITION AND
BUILDING CODE (BASED ON ~C 2003) ~S CODE
~CO~O~T~G ~:
B~G CODE 0F ~W YO~ STATE - 2007
~ CODE OF ~W YO~ STA~ -2007
B. ELECTRICAL & PLUMBING
THE CONSTRUCTION AND INSTALLATION OF ELECTRIC
WIPING, GROUNDING AND BONDING, AND EQUIPMENT
ARE SUBSECT TO TIlE STAT~ CODE AND TO THE
CURRENT ADOPTED NATIONAL ELECTRIC CODE
ALL PLUMBINO MUST COMPLY WITH THE CURPdSNT
ADOH~-D SrA~ CODU,
2') ANSI / NSP1-5 TYPE-0 RESIDENTIAL SWIMMING '
POOL·
a) NomarmOl~0mm. , · ,~, ,
, i 1NSTALI~.TION NOTE:
·
TO LEVEL POOL YOU WILL NEED THE STANDARD 4" OF IH", 3/8''~
OR']~" CRUSHED STONE UNDER POOL FOR BASE, AND 8" TO 10"
CRUSHED STONE FOR TNE BACK3ILL OF SIDES OF POOL- THESE
ARE APPROXIMA~ONS.
FIBERGLASS ~EiIqFORCED POLYESTER (FRP)
1. Fiber~lass Reinforced laminates
shall comply with the National
Bureau of S{:andards PS-15-69
2. Flexural modulas of FRP shall ~e
1,270,000 psi at 77~.
3. Fle~ural strength 0f.FRP shall be
minimum 21,300 psi at 77~.
4. Shear strength of FRP shall be
minimum 13~000 psi.
5. Ail resins used in th~ manufacture
of the fiberglass laminates shall
meet the ail state· city ~nd local
6. Capacity equals
~000 gallons
WATER WORLD FIBERGLASS POOLS, N.E., INC.
700 READING AVENUE
HAMMONTON, NJ 08037
FIBERGLASS
SWIMMING POOL 12 FT x 25 FT