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Home My WebLink About6457 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECE. IVED $outhlSId Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20, 2011 ZBA FILE # 6457 NAME OF APPLICANT: James and Karen Mowdy PROPERTY LOCATION: 2855 Laurel Trail Laurel, NY SCTM# 1000-125-4-24.9 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 parcel is improved with a one-story framed house with attached garage. It contains 28,325 sq. ft. and has 137.34' of frontage on Laurel Trail, 191.17' along the north east property line, 176.64' along the rear property line and 180.00' on the south west property line as shown on the survey prepared by Peconic Surveyors last dated Feb. 9, 2011. BASIS OF APPLICATION: - Request for Variance from Art. XXII1 Code Section 280-124 and the Building Inspector's December 16, 2010 Notice of Disapproval based on an application for building permit to construct accessory in-ground swimming pool and pool house at; lot coverage of more than the code required 20%. RELIEF REQUESTED: The applicant proposes to construct an in-ground swimming pool and accessory pool house in conforming locations requiring relief from lot coverage of 23.4% where 20% is permitted per code. ADDITIONAL INFORMATION: At the Public Hearing the Board asked the architect for the applicant to submit a survey showing the proposed location of a drywell and mechanical equipment for the pool and a determination from the Building Department indicating if the equipment would increase the proposed lot coverage or not. In a letter dated April 18, 2011 the agent states that they spoke with the building department's Chief Inspector and that if the pool mechanical equipment was to be enclosed in a structure that it would increase the amount of non- conforming lot coverage. The applicant submitted an alternative design shown on a plan to reduce the noise without increasing the proposed non-conforming lot coverage date stamped received April 18, 2011 and in a location that would be the most suitable. Also submitted was a survey altered by Mark Schwartz, Architect dated stamped received April 18,2011 showing the location of the pool mechanicals and the drywell. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7, 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: Page 2 - April 20, 2011 ZBA File#6457 CTM: 1000-1254-24.9 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. The neighborhood consists of similar sized single-family homes. In-ground swimming pools and accessory pool houses are customary structures in residential areas. 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 house was constructed in accordance with standards required by a declaration of covenants and restrictions which measure the size of the structure differently from what is required in the town code. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial representing a 17% increase in the permitted lot coverage of 20%. However, the square footage of the house was dictated by the minimum size requirements set forth in the covenants and restrictions which do not include unheated spaces such as the garage and decks. These restrictions coupled with the relatively small size of the building lots leave little room for customary accessory structures such as sheds and swimming pools. 4. Town Law r1267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The neighborhood consists of large homes all built according to the same restrictions. The impact to the environment will be minimal due mainly to the fact that the development is surrounded by a golf course 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created but is a direct result of the covenants and restrictions of the development. 6. Town Law §267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and pool house_while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Goehringer, and duly carried, to; GRANT, the variance as applied for, and shown on the Survey prepared 02/09/2011 by Peconic Surveyors and the survey altered by Mark Schwartz, Architect dated stamped received April 18, 2011 showing the location of the pool mechanicals and the drywvell. 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 Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. Th's Re~ tion wal duly adop/ed (5 -O). L Approved for filing ~/~/c~/ /2011 SURVEY OF PROPERTY A T MA TTITUCK TO FFN OF SO UTHOLD SUFFOLK COUNTY, NEtf YOEK 1000-125-04-24.9 SCALE: 1"=30' JAN. 24, 2002 FEB. 22, 2002 (CERTIFICA TION) JUNE i7, 2002 (PROP. HSE.) SEPX 18, 2002 (PROP HSE.) DEC. 9, 2002 (FOUNDA TfON) DEC. 13, 2002 (CERTIFICATION) .NOV. 21, 2003 (FINAL) Dec. 13~ 2010-(1ol coveroge) J~'.. 31, go/I (POOL & POOL HOUSE STAKEOUT] Feb..9, 2011 (LOT COV£RAG£) CERTIFIED TO: JAMES MOl/i/DY KAREN MOWDY FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK JPMORGAN CHASE BANK LOT COVERAGE HOUSE~ DECKS & STOOPS ~- 5.305 sq, fl, 530.5/28325 = POOL & POOL HOUSE = /3/6 sq. fL 6621 $q. fl. 6621/28325 = 23.4% x = LATH [ am Famitlar with the STANDARDS FOR APPROVAL AN]} CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEHS FOR SINGLE FAHILY RESIDENCES and wit[ abide by the conditions set Forth therein and on the permit to construct, The location of we(ls and cesspoo[s shown hereon are ~:rom ¢ie(d observations and or data obtained From ot~ers. Elevations are referenced to an assumed datum AR~A=28,325 $,F, :INAL MAP oPE~ SPACE tEVIEWED BY ZBA pARCELA SEE DECISION # ~ECE~ED ~ ~OARD OF APPE~ I S~ ~' H~. ~ GAR. ~--- 5.5 L=lSZ34' NET~~ STONE / 18~¢~y~3'~,¢. . ..'; (631) 765 - fia~O Y.: F~ 765-27~7 o THE SUFFOL~' ~.ZJ.¥TY ~.LERK 'S OFFfCE TI?AlL P. O. BOX 9~9 183g TRAVELER STREET A T MA TTITUCK TOWN OF SOUTHOLD -d-SUFFOLK COUNTY, NEW YOEK 1000-125-04-g4.9 SCALE: 1"=30' JAN. 24, 2002 FEB. 22, 2002 (CERTIFICATION) JUNE 17, 2002 (PROP. HSE.) SEPT. 18, 2002 (PROP HSE.) DEC. 9, 2002 (FOUNDATION) DEC. 13, 2002 (CERTIFICATION) · NOV. 21, 2003 (FINAL) Dec. 13~ 2010 riot coverage) J~n, $1, 2011 [POOI ,~ POOL tfOUSE ST, a, KEOUTJ Feb, 9, 2011 tLOT COVERAGE) SCDHS ReL ¢.' R/0-02-115 oPEN SPACE pARCEL A L = CERTIRED TO: JAMES MOWDY KAREN MOWDY FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK JPMORGAN CHASE BANK LOT COVERAGE HOUSE, DECKS & STOOPS = 5305 sq. ft. 5305/28325 - 18.7% POOL & POOL HOUSE = 1316 sq. ff. 6621 sq. ft. 6621128325 = 23.4% x = LATH I am familiar wtth the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEHS FOR SINGLE FAHILY RESIDENCES and will abide by the conditions set forth therein and on the permit to construct. The Location of wells and cesspools shown hereon are from field observations and or data obtained from others. Elevations ore referenced to an assumed datum. AREA=Ba,3£5 S,F', DECK sTY. FR. HsE. ~ GAR. METER v~L.VE 0 pD~T~C L=13Z34' TRAIL RO~D UNDER CoNsTRUCT[ON ~.~L. MAP :¥1E NED BY ZB~ SUR--'.,:..,~ ' ' ¢631> 765 - 5880 "FAXKE~:~J-'~ /eraL1797 P, O. BOX 909 LOT NUMBERS REFEP -? .v4p OF LAURE,,L LfNKS' 1830 TRAVELER STREET [~ ,~ 6) ri ri FILED IN THE SUFFOL; ??jNTY CLERK S OFF~CE ~HOLD, N.Y. 11971 ~ ON NOV. 23, 20~1 AS ~7_ C NO. 1~1718, REOI~VED APR ~ 8 ~_011 BOARD OF ~'P~ PENTAIR 2 HP V,/ISPER F LOV,/ POOL PUMP SIGNATURE SERIES AQUACOMFORT HEAT PUMP ULTRALITE EQUIPMENT PAD (OR EQUAL) CONCRETE SURFACE L~UITH VIBRATION ABSORBING POLYSTYRENE CORE ~. ~,~ &.<~.~-,< ~..~ ~"~ ~ ~ T~ LE~ ELEVATION FRONT ELEVATION SCALE: 1/~" = 1, SCALE: 1/~" = 1, ~ < g}' R~C~i~D ___~ __~_.- OCT 42011 ~ MOrRo OF APPeALs ~~ ~ ~' ~ ~. ' ,' ~ ~ i ~m I m m I RIGHT ELEVATION REAR ELEVATION SCALE: 1/4" = 1' ~INA~ SCALE: 1/q" = 1' ~EVIEWED BY ZBA ~' 8EE DECISION ~ September07.2011 DATE O~l~ I A-1 , 32 -8" ~ 7'-4" 18' .0" 7'-4" , ,' I' t ' ~' o" r2' 31/2" ~ 6'- 8V2" 9'- 0" . % ~ .... -'--~ ', -. ~ .... ~ .... ~ ~,%~--)X-. .... ~_~ ~ ~ .... , ¢ _ ~ . 18' 0" - -' ' ~ , -~ . . ,, ,, ,,,,~ I 7 ~ ~ ..... ~ O~ EREDP~T(I~ , -- ~ ,=,,,, , . ~ ~ ~ ~ F' -,- ' ~. ~~ ~ .... i . I.' _~ .~' a :',:',~ ~ ,., . , ~ ~ , L ~ -,~,,-~ ......, ,, ~ __ " --,~ ' ~"~" ~ .... ," 'F ~F5~ ..... - ' ,'_/ -- lx, ,J ~,,,, , , ~ ~ , , ,~ ~ ~-~ , _¢ ...... _~ ~ ~ ____ . ...... ~1 - ' ' ' -Cn ~ ' ' ~ ~'~ 4'-7" 8'-10" 4'-7" , ,,,,,/ -. . - / ~ ~ ,~ , ,~' ~1- - ~ - , ~L__~ _/_L ..................... ,~ .~ ~ ~ , ~ , , ~,, : - . .... t AT II'oc EAdH WAY % ~ , , ', ¥-%-- ~-7----,~%-- , . ~ ~ PATIOc , --~ ...... .... , ..... _, , , , ~ ......... . -- , .~ ,": RECEIVED ., ~=_~ ~ ~ ~-- ~ ~ .... ~., . ~~ ~ ',ocr , ' ¢6'-0" · ~ ', ',' ~ 'x6'-0"' -" -'" -'"' -' Peak -'" "- ' '-- -' L --5 -.'~ .-5 _-'% .-5 A .5 ¢~ . ~ 5 -,'" ~.. , SCALE: 1/4"= 1' SCALE: 1/4"= 1' NAL REVIEWED SEE BFClSION ~ DATED~ I~/(/ , SECTION A A SCARE: 1/4"= 1' "~, ,'~ BOARD OF APPeALs co.c.~, co~c ~. SEE DECISION ~ ~ SE~ION B B .... ~o~. SCALE: 1/4" = 1'-0" A-] REAR ELEVATION SCALE: 1/8" = 1' LEFT ELEVATION SCALE: 1/8" = I' t FLOOR PLAN SCALE: 1/8" = 1' RECEIVED FEB 1 1 2011 BOARD OF APPEALS FRONT ELEVATION SCALE: 1/8" = 1' RIGHT ELEVATION SCALE: 1/8" = 1' ~VISIONS: I l; Twomey, Latham, ec __ lShea, Kelley, D,u,bi0n,&. Qu,arta r,aroLk LP April 18,2011 VIA BY HAND Ms. Leslie Kanes Weisman, Chairperson Town of Southold Board of Zoning Appeals 53095 Route 25 Southold, New York 11971 Re; West Sec*~nd Street Riverhcad, Ne~ York 11901-9398 Telephone: 6 ~1.727.2180 Facsimile: 631.727.1767 khoeg~suffolklaw.com Direct Fax: 631.727.2385 James and Karen Mowdy - 2855 Laurel Trail, Laurel, New York 1000-125-04-24.9 Dear Ms. Weisman: On April 7, 2011 a Southold Town Zoning Board of Appeals Public Hearing was held on this matter. The Hearing was in regard to our request for a Variance from Art XXIII Code Section 280-124 based on an application for a building permit to construct an accessory in-ground swimming pool and pool house where the lot coverage is 3.4% over the 20%. At the hearing, it was requested that we submit a survey depicting the location of the pool mechanicals and that we inquire as to whether any sound proof barrier or sound deadening structure would add to lot coverage. I have spoken with Mike Verity, Chief Building Inspector, and have reviewed the Town Code. Pool mechanicals are not required to be placed in a structure and if they are that would add to lot coverage. Since we don't want to ask the Board for more lot coverage then we are seeking, we have found a suitable location for the pool mechanicals. This location will aid in minimizing noise concerns and won't encroach on setbacks. Enclosed is a copy of the survey showing the proposed location for the pool mechanical system and proposed drywell for pool back wash. The location is adjacent to the house on the east side. Landscaping will shield the mechanicals and aid in minimizing any noise. As you can see from the survey, this location will place the mechanicals even further away from the golf course and alleviate any noise concerns. The mechanicals will be placed on a pad with a vibration absorbing polystyrene core. The padding will also help minimize noise. Additionally, I am enclosing a copy of the Town of Southold April 18, 2011 Page 2 ~Pt7 1 8 2011 ~OARD OF,AppEALS tax map and aerial both of which depicts the existing 15.5 acre open space buffer between the Mowdy residence and the Laurel Links Golf Club. As you can see there is a great distance between the proposed location for the pool mechanicals and the golf course. I would also like to remind the Board that there were no objections from the adjoining neighbors to the requested application for a Variance. Should you require further information please contact me. Thank you for your kind attention. KAH/ph Enc. CO ® ® P Real Properly Tax Service Agency 285 S Laurel Tra~l, Laule~ NY - Google Maps maps 1/18/11 11:12 AM To see ail the details that are visible on the screen, use the "Print" link next to the map. Page 1 of 1 htt p://maps.google.com / To: Karen Hoeg for J & K Mowdy P O Box 9398 Riverhead, NY 11901 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 1 ~VED. ~.~/p ~..~/~ FEB 1 1 2011 BOARD OF APPEALS Please take notice that your application dated December 7, 2010 For construction of an accessory pool & pool house at Location of property 2855 Laurel Trail, Laurel, NY County Tax Map No. 1000 - Section 125 Block 4 Lot 24.9 ~ Is returned herewith and disapproved on the following grounds: The proposed pool & pool house on this non-conforming 284325 sq. ft. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; 'This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots between 20,000 & 39,999 sq. ft., the required lot coverage is 20%. The plan indicates a proposed lot coverage of 23~../o. Authorized Signature Fee: $ ~ Filed By: RECEIVED FEB ] ! Z011 Assignment No.~PPEAL$ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo.2855 Street Laurel Trail Hamlet Laurel SCTM 1000 Section 1 25 Block 04 Lot(s) 24.9 Lot Size 28,325 Zone AG I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED December 16, 2010 BASED ON SURVEY/SITE PLAN DATED February 12, 2004' Applicant(s)/Owner(s):.Jame$ and Karen Mowdy Mailing Address: 2855 Laurel Trail, Laurel, Now York Telephone: 728-2500 Eax: 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: Karen A. Hoeg, Esq..for~Dwne~Other: Address: O/O Twomey, Latham, Shea, et al., PO Box 9398 Telephone: 727-2180 Fax:. 727-1767 Email: khoeg@suffolklaw.com Please check to specify who yotLt}~ correspondence to be mailed to, froJ~Jle above names: ~]Applicant/Owner(s), ~]Authorized Representative,[] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED February 12, 2004' and DENIED AN APPLICATION DATED Oec. 7, 2010 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ××Ill Section: 2ao Subsection: 124 Type of A~peal. An Appeal is made for: I~/IA Variance to the Zoning Code or Zoning Map. [~A Variance due to lack of access required by New York Town Law- Section 280-A. ~ Ilnterpretation 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). Year(s). . (Please be sure to research before completing this question or call our office for assistance) * as altered on December 7, 2010 by Mark Schwartz, Architect, to depict proposed structures. RECETVED REASONS FOR APPEAL (mlditimtal.~heet~ may I e tsed ~ith p ',p rer's si~4nature): ~l~'~l ~'Am,.i~¥CE ti~'4so,¥s: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: the neighborhood consists of single family homes some of which have inground swimming pools. The community's covenants and restrictions will be complied with. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pnrsue, other than an area variance, because: of the lot size and the required setbacks (3) The amount of relief requested is not snbstantial becanse: it seeks a minimal increase of 3.1~u/o in lot coverage. (4) Tl~e variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhnnd or district becanse: the proposed project does not have an adverse effect or impact on the physical or environmental conditions of the neighborhood as the homes in the neighborhood are all single family dwellings. (5) Has the alleged difficulty been self-created? ['~"]Yes, or [~[}No. Are there Covenants anti Restrictions concerning this land: [~]No. ~Yes (please [?~rnish cop['). This is the M1NIMUM that is neeessar~ and adeqnate, and at the same time preserve and protect the c]laracter of the neighborhood cud the health, safety, and welfare of the community. Check this box ~ 1F ~4 USE I4.1RI/INCI; IS BEINGJRIz~ED, AND PLEA.gE COMPLETE TIlE AT~4CHED USE MRL4NCE SHEET: (Please be~) dayof~,20 II , l~ary Public DOREEN WEISS Notary public, State of New York No. 4931537 Qualified in Suffolk Count~ ~ ~)~1~ Commission Expires J~ne 20, ~¢~ RECEIVED FEB 1 I 2011 APPLICANT'S PROJECT DESCRIPTION BOARD OF APPEALS (For ZBA Reference) Karen A. Hoeg Applicant: Date Prepared: January 24, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: None Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions offirst floor extension: 18 x 18 pool house (detached from main house) Dimensions of new second floor: none Dimensions of floor above second level: non~ 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 nataral existing grade to first floor: n/a IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: None. Rear o~: house ±s /:lac and open. Number of Floors and Changes WITH Alterations: 18 x 18 Single Story poolhouse and proposed 20 x 48 swimming pool IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 5,305 square foot: house, deck and stoops Proposed increase of building coverage: Proposed lot eoveracle 23.~q/tt~ Square footage ofyour lot: 28.325 sa. ft. Percentage of coverage of your lot by building area: requ±red lot eovera~'e ±s 20% V. Purpose of New Construction: Construct 20 x &8 pool and 18 x 18 pool house. 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}: The land contour is flat. 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 RECEIVED . QUESTIONNAIRE FEB 1 1 2011 FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS Is the subject premises listed on the real estate market for sale? Yes x No Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. 1 .) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building arca? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?. No 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 this time concerning your premises? No Ifyas, 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 o~ 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? No If yes, please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcel Existing single family and the proposed use existin________~ singl__e family__, and pool house , p~ol or other) Karen A. Hoeg, Esq. ~./ ~ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION ('To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Karen A. Hoeg, Esq. I Mowdy SEQR 2855 Laurel Trail, Laurel, New York RECEIVED IrES 1 1 2011 PR POSED ACTION: DESCRIBE PROJECT BRIEFLY: BOARD OF APPEALS Constructign of an accessory 20 x 4~ pool and 18 x 18 pool house. 7. AMOUNT OF LAND AFFECTED: Inll[al~y 28,325 sq. ft. ac~as UIIImaleiy 28,325 sq ft Acres Proposed lot coverage is 23.~o E. WILl. PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EXI~TINe L~ND USE R~TRI~ ~ No If NO, ~cHbe ~laf~ WHAT IS PRESENT LAND USE IN VlClNIl~f OF PROJECT? ~Residen,,e, [] ,n=u,,rlal [] ~mar=.l ~Ag. CU,,Ure Property is located in Laurel Links Golf Community. 10. DOES ACTIONINVOLVE A PERM~ APPROVAL OR FUN~NG, NOW O~UL~MATELYFROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAl? DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUO PERMIT OR APPROVAL? YeS ~ NO If ¥ll. lilt agency name arid I)e~Nt/ipprOVll 12. A~ A REBULT OF PROPOSED AC?ION WILL EXISTING PERMIT/APPROVAL REQUIRE MODtFICAllON'~' I CERT]~ THAT THE INFORMATION PROVIDED A~VE IS ~UE TO THE B~ OF MY KN~L~GE I II the action Is in the Co,sial Aree, and you a state ;gency, complete the ~ Coastal ~sessment Fo~ belore proce~lng with this =ssessment OVER The proposed action will not affect existing air quality, surface or ground water quality or quantity, noise levels, traffic, etc. The Droosed action will not affect aesthetic, agricultural, archaeological, historical The proposed project will not adversely affect vegetation, fauna, fish, shellfish or wildlife. The proposed project will not be adverse to the coummunity's covenants and restrictions, or change in use of land. The proposed project will not result in adverse effects in terms of growth, development or related activities The proposed project will not adversely affect the long term, short term, cumulative or other effects not identified in C1-C5. The proposed project will not adversely affect the quantity or type of energy. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CI'IARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? FART Ill--DETERMINATiON OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse eflec! identified adore, determine whether ii,Is substantial, large, impo~a,~t or otherwise signilicant. Each effect ShOUtd be assessed in connection with its (a) setting (i.e. ulpan or rural}; (b) probability of occurring: (c] (turation; irreversibility; (e) geographic scope; and (I} magnitude. If necessa~, add attachments or reference supporting materials. Ensure t~at explanations contain sulficient detail to show thai all relevant adverse impacts have been identlliecl and adequately a'~dressed. Il question O of Par1 ~1 was checked yes, the cleterrninatlon and significance must evaluate (~e potenlt&l impact of the proposed action on the environmental characlerletics of the CFA. [] Check this box if you have identified one or more potentially large or significant adverse infCf?cts which MAY occur. Then proceed directly to the FULL £AF and/or prepare a positive declaration. [2:] Check this box if you have determined, based on the information and analysis adore and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: RECEIVED APPLICANT/AGENT/REPRESENTATIVE BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The ouroose of this form is to provide information which can alert the town of possible conflicts &interest and allow it to take whatever action is necesserv to avoid same. , . ~/ (Last name, fir~ name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ,~ Trustee Change of Zone Coastal Erosion Approval &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 of the Town ofSouthold? ~ ' ~" ' ' ' ' Relat onsh p ncludes by blood, narr age, or bus ness neres. Bus~ness intere$ means a bus ness, 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% o/f the shares. YES NO you ans ered YES , complete the balance of th s form and da e and s~gn where indicated. Name of person employed by the Town oi' Southold Title or position of that person Describe the relationship between yourself (the applicanffagent/representative) 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 alt that apply): A) the owner of greater than 5% &the shares &the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner &any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this 7 day or ~ 20(~ ] Signature ,~. Oi 9;d,4,~_ ~, [~.~d~ - PrintName ~t~-rP~, /q-'--~f~l ~c APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED 2011 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emolovees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mowdy, James (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that 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 of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO .~ 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 applicant/agent/representative) 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 of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitt e~i~d, ay o f ~ ~-0- ~ 20~O Signature~lo ~2 PrintNa~ James Mow~y RECEIVED..-- cov , zrs,u m suucno 1 WITNESSETH: BOARD OF APPEALS That LAUKELLINKS, LTD., a domestio corporation with oPaces at Main Road, )'amcspon, New York 11947, being the record owner of all the real property hereinafter described and the subject of'this dcclaration, does hereby declare for itself, its successors and assigns, in consideration of the premises, and hereby makes known, publishe~ and declares, covenants and agrees that the premises hereinbeiow described shall hereat~er be subject to the covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants tunnlnS with the land and binding upon all purchasers, owners, mortgagees, lie. non and such other persons acquiring an interest therein or of any portion of said premises, and their respective heirs, executors, administrators, successors and assigns, which covenants and restrictions shall be and remain in full force and effect from the date of the recording of the within instrument in perpetuity. ~.A1. PROPERTY' AFFECTED ~. ALL that certain plot, piece or parc~ of land, with the buildings and improvements thereon erected, situate, lying and being in the Hamlet of Laurel, Town of Southold, County of Suffolk and State of New York, known and designated as Lots N'o. 1 through 29 as shown on the subdivision map entitled, "Map of LaurclLinks", filed in the Office of the Clerk of the County of Suffolk on November 2001 as Map 'No. 10712. COVENANTS AND RESTRICTIONS 1. 'No buildiag, fence, w.~, or o~.l}~r"atru~'ture,~.or, change~in.landscaping, shall be commenced, erected or maintained upon any lots, ~0r shall any exterior addition to or change or alteration of any thereof be made until plans and sPecifigations showing the proposed improvement, including the height and location thereof and the ,materials and colors to be used, shall have been submitted to and approved in writing ~ to harmony of external design and'location in relatinn to surrounding structures and topography by LALIEBL LINI¢.S LTD. or its successors or a~signs. In the event LAUILEL LINKS, LTD. fails to approve'or disapprove the same within thirty (30) days Page 1 of 7 alter said plans and specifications have been submitted to it, approval will not be required and this provision will have been deemed to have.bee~ full~, complied with. The approval requirement herein set forth applies to but is not limited to: a, New Dwellings. b. All exterior chaoses and alter,'ations to existing structures, including paint or stain colors and exterior surfaces. c. Landscaping. d. Swimming pools and tennis courts. e. Fences. Allrenr fen~smust be uaiform and approved byLAURwLLIHKS, LTD. f. Outbuildinl~ of any kind. It. Driveways and parking areas. h. Decks, terraces and patios. i. Exterior lighting. -. ~ach home must be desil~ned by a registered architect specifically for its lol. In the event other plans or designs are submitted, LAUREL LINICs, LTD. may have the plans reviewed by an archkent ~fits choosing at the expense ofthe, int'ownar.. 3. a. Square footage ortho honied arex (using exterior dimensions without credit for screened, porches, decks, garages, besements, atriums, vaulted ceiling, etc.) must be at least twenty four hundred (2400) square ~et but not mor~ than four thonsand (4000) square feel for one story.homes'and at least twenty eil~ht hundred (2500) square feet but not more than six thousand (6000) square feet for two story homes. · ' ......' ....... :" ' e Town of Southold and not less b. Dwelling setbacks shall be as required by th than: : Side Yard ....................... 25 font · Front Yard ...................... 50 feet c. The house should be located so as to permit maximum ¥isual and audible privacy, view and distance between homes o~{ a side by side or back to back bas~s. Preservahon and utilization of existing topo~aphlcal features and..fl.p[a ~re Lmportant to maximize wsual screenlns. ..... ' 'Pa~e2 Of'/ g. Garanas. Totally enclosed spac0 for two cars is required; three is maximum (]al'age doors should not face the street. Garage doors may not have windows nor be made of opaque fiberglass. 6. Homiowners are required to submit to LAUREL LINKS, LTD. a landscape plan specifying the selection and location of shrubs and plantings together wltha representation of how tl~e plan will be executed. In addition, landscape plan must include plantings of'trees or shrubbery along rear property line to screen property from street, neighboring homes and the 8elf course· Owners must also provide landscape maintenance. 7. a. All exterior constmclion, painting and substantive landscaping must be completed within one year of the commencement 0fcoastruction. b. During the oonstm~ion or alteration to any structure, debris and waste must be confined by the use cfa dumpster Ioeated away from the street or by daily removal from the site. The site is to be kept neat and picked up dally. Materials and waste may not be stockpiled in adjacent lots, common areas or streets without prior permission of the adjoining lot o ~w, ner and LAUREL Lllql~S, LTD. c. Construction work may not be performed on Sundiys or holidays except by the owner and work may ~ot begin prior to 7:00 a.m. on any day of the week. ' d. Only one sign no larger than two feet by two fe~t may be posted on the property except for building permits. · e. The contractor must use snow fence to prote~t the trees that will remain and must not back/ill against them. 8. j Proh~hitedBud&nas and Accassorv,Umts. ~... ~. A .~so~ybmldmgs reqmrethe approval of Lanrel Links Ltd. The design and materiels of these buildings are to be compatible with the house. b. Antennas and Satellite Dishes. lq'o satellite dishes or antennas shall be placed on time lot or on the structure unless its location, screening, hcights and acsthetius ara approved by LAU1LEL LINKS, LTl). · Page4'0f7 ' o. Air Conditioners. Units extending from windows are not permitted. Compressors and equipment are to b'c screened fi.om view ~'om the street, neighboring homes and goffcourse. d. Clothes Lines. Clothes lines are not permitted. c. Decks and Patios. Decks are to be stained to match the house or trim and the space beneath them enclosed with lattice, louvers or the like.' f. Do~z Houses and Doe Runs. These are not permitted. g. Elec~rlc. Meterg should not be flee standing but rather mounted on the side or the rear of the house. h. ~;Ir_l, tig]lli~. No lighting may be directed outside thc boundaries ofthe lot. Indirect lighting should not be of an intensity to disturb neighbors. i. ~-~rba~e. All garbage cans, eqt~ipment and coolers must be walled to conceal them from the view of thc street, neighboring hom~s and goffcourse. j. MailBoxes. These must be ora desxgn compatible m scaled, materml and c°inr of the house. Location is to be roadside to be reachable from the street at a height of 36 to 40 inches from the ground. k. ~ (including basketball baclcboards, tree houses, etc.) These may not be located in setbacks but sited or screened so as to be obscured.from the street, neighboring homes and golt'course. 1. Signs..No resident of the ~mmunity shall post any advertisements or posters in or on the properties including "For Sale" and"For Rent" sign?.. No commercial signs or advertisements shall be displayed on any lot ~i' P~o~en''y. Signs indicating .the house number or the name of the owner are permissible when compatible with the design of the home. m. Solar Collectors. These ara to be out ofview from the street, located only on the roof and to be flush with it. n. Storaizc of Boats. Trailers and Recreational Vehicles. lqo boats, trailers, trucks, equipment; commerclal vehicles, uniieen~eci;Ob.~erehot vehicles or any other slrmlar properly shall be parked or stored within tho propertyunices parked or stored inside a garage. P~ge $ of 7 o. ~. Only permanent swimming pools will be permitted and these may not extend moro than six inches above the fi~Jshed grade. p. Additional R. estri~tions. 1) Maintenance. The lot and home shallbo maintained in good repair and overall appearance. 2) 'N~isance. No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of aanoyance to residents or which interferes with the peaceR~l possession and proper use of the property by its residents, including yard sales. 3) Automobile P, enair. No repair of motor vehicles shall be made in any of the roadways, driveways, or parking areas of the Development, nor shall such areas be used for the storage or parking of any boat, tr'~iler,'camper, bus, truck or commercial vehicle, unless parked or stored inside a garage or home. 4) ~. The Common Area shall not be obstructed, littered, defaced or misused in any mam~er. 'Every member shall be liable for damage to. the Common Area caused by the owner or a person for whose conduct he is responsible. 5) Animals. No animals, livestock or poultry ~fany kind shall be raised, bred or kept on the property except that dog% cats or other household pets may be kept on 1ets provided they are not kept, bred or maintained for commercial purposes. 6) Commercial Use. H~mos and lots may not be used for commercial or industrial purposes. Professional use requke~ the prior approval of LAUtLEL LIi~:S, LTD. which will judge the app cat on by ~ts compat bi ~ty w~th a high qual ty neighborhood. 7) Tent~.. Te~6i; sha~b ere not allowed, temporarily or permanently, except for play tents for children and tents for social occasions, the latter with prior approval by LAUtLEL LIHKS, LTD. 8. Any of the reservations, condltions,,,covenants and agreements herein contained may be annulled, waived, changed or modified by LAUREL LIHI~$, LTD. or its successors or assigns. 9. All Lot Owners shall comply with tho tenths of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of ,, Pagei6'Of? violation is given by LAUREL LINKS, LTD. or another Lot Owner, then LAUREL LINKS, LTl). or the other.Lot Owner shall have the fight and power to eat'orca by injunctive relief, or by any other remedy at law or in equity, all the terms of this Declaration. In the further event, it is necessa~, to e,n_rorce the terms of this Declaration, the Lot Owner in violation shall pay ail costs, including reasonable 'attorney's fees, incurred by the LAUREL LINKS, LTD. or the other Lot Owner, either with or without the inatitutinn of an action or proceeding, and in addition, all other costs, disbursements and allowancea provided by law. 10. Invalidation of any one of these Covehantz, in whole or in part, by judgment, or court order, or otherwise, shall in no wise affect any of the other provisions which shall remain in full force and effect. IN WITNESS WnT..REOF, the party h~reto has hereunto set its hand and seal this/~ day of ,,,0,,'~.~,.4,--. 2001. LAUI~L LINKS, LTD. " David Salan~, President $TAT~ OF l',~W YOP. K ) COUNTY OF SUFFOLK ) On the /fo day of/V,'~'~r"' in the year 2001, before me, the undersigned, personally appeared ])AVID gALA.ND, pe~onally known to me, or proved to me on the basis satisfactory evidence, to be the individual-whose hame'is subscribed to the within instrument and STATE OF NEW YORK SS: :. · COUNTY OF SUFFOLK OF THE S~:rE OF NEW YORK la AND FOR SAID CO_U..N~.. ,!,S,A_I6 ~(~9'bF-' -- ERTl THAT I HAVE COMPARED TIlE ANN~.~ ~ / / DO HEREBY C ED ~: · f47//-..~ AT PAGE 7/7 ~ RECORD F THE WHOLE DEED US. _R UC" DE o o AND T~ilAT iT tS A'JUST AND TRUE COPY OF S . ,.. THERF1C)F. ' ..' IN TESTIMONY WHEREOF, I HAVE HEREUNTO SE~ MY' HAND AND AFFIXEI5 THE SEAL OF SAID 2855 LaureJ Trail, Laure~. NY - Google Maps 1/18/11 ll;12AM To see all the details that are visible on the screen, use the "Print" link next to the map. maps ~(~OAlr~j) OF Ap?t~AL,S http://maps.google.com/ Page i of 1 TfiOMASA TWOMEY, JR. STEPliEN g LATHAM CHRISTOPHER D KELLEY DAVID M DUBINO JAY P QUARTARARO+ PETER M. MOTT JANICE L SNEAD ANNE MARIE GOODALE BRYAN C VAN COTTe KATHRYN DALLI LAURA I DUNATHAN ~, I ISA CLARE KOMBRINK DANIEL G WANI f KEELY E KINIRONS PATRI( K B FIFE LAUREN E STILES PATRICIA J RUSSELL BARBARA L HALL REZA EBRAHIMI KEVIN M FOX JOHN CLAUDE BAIIRENBURG KAREN A HOEG 20 Main Street East Hampton, NY 11937 6~1 324 1200 51 Hill Street Southampton, NY 11968 631.287.0090 490 Wheeler Road Suite 165G Hauppauge, NY I]788 Twomey, Latha m, Shea, Kelley, Dubin & Quartararo LLP A T T 0 Fl N E Y S A T L A W February 9, 2011 MAILING ADDRESS: Post Office Box 9398 Riverhead, New York 11901-9398 MAIN OFFICE: 33 West Second Street Riverhead, New York 11901-9398 Telephone: 631.727.2180 Facsimile: 631.727.1767 www.suffolklaw.com khoeg~suffolklaw.com Direct Fax: 631.727.2385 VIA BY HAND Town of Southold Board of Zoning Appeals 53095 Route 25 Southold, New York 11971 Re: 2855 Laurel Trail, Laurel, New York 1000-125-04-24.9 RECEIVED . BOARD OF APPEALS Dear Sir or Madam: Enclosed are eight (8) sets of the following documents submitted for your review. a. Application to the Southold Town Board of Appeals with a check for $600.00 representing the filing fee; b. Project Description; c. Short Environmental Assessment form; d. Questionnaire; e. Photographs; f. Agent Authorization Letter; g. Transactional Disclosure Forms; h. Notice of Disapproval; i. Covenants and Restrictions; j. Survey depicting proposed structures and lot coverage; k. Pool house plans; and 1. Town of Southold Property Card. Town of Southold February 9, 2011 Page 2 The applicant is seeking an Area Variance. Please advise of the hearing date. Thank you for your attention. KAH/ph Enc. ~OA~d ~F AS~RA_S GOA ~.D ()f: Ap?t{ALS BOAR. D OF APPEALS BOARD OF APPEALS BOARD OF APPEALS BOARD OF APPEALS Town of Southold Building Department Zoning Board of Appeals Town Hall 54375 Route 25 P.O. Box 1179 Southold, NY 11971 James Mowdy and Karen Mowdy 2855 Laurel Trail Laurel, New York 11948 RECEIVED BOARD OF APPEALS Re: 2855 Laurel Trail, Laurel, New York 1000-125-04-24.9 To Whom It May Concern: I, James Mowdy, owner of the property identified as 2855 Laurel Trail, Laurel, New York, Suffolk County Tax Map Number 1000-125-04-24.9 in the Town of Southold, hereby authorizes Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, to act as my Representative on said property and handle all necessary work involved in submitting and processing any applications required in the Town of Southold. Swo, li0 to before me this~ OWNER STREET VILLAGE DIST. SUB. LOT TYPE OF BLD. ~ I ~00 ~700~v 10300/ ~ I. ' ~ /~. ~ //~ FRONIAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT ~ j TOTAL 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 11, 2011 Zoning Appeal No. 6457 Transmitted herewith is Zoning Appeals No. 6457 of Karen A Hoeg for James & Karen Mowdy - 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, Notice of Disapproval from Building Department Dated December 16, 2010, Declaration of Covenants and Restrictions, Copy of Property Record Card, Copy of Google Map showing Photo of Property, Cover Letter form Karen A Hoeg Dated February 9, 2011, Eight Pages of Photos of Property showing Stakes for the Pool, Plans showing Proposed Pool House Dated January 18, 2011 Prepared by Mark Schwartz, Copy of Survey Showing Existing & Proposed Construction Altered by Mark Schwartz, Copy of Survey Showing Existing & Proposed Construction Dated February 9, 2011 Prepared by Peconic Surveyors, P.C. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 02/11/11 * * * RECEIPT * * * Receipt'8: 97610 Transaction(s): 1 1 Application Fees Reference Subtotal 6457 $600.00 Check#: 641 Total Paid: $600.00 Name: Mowdy, James Po Box 1357 Jamespo~, NY 11947 Clerk ID: CAROLH Internal ID: 6457 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork .net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD 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, 53098 Main Road, P.O. Box 1179, Southold, New York t t971-0959, on THURSDAY~ APRIL 77 2011: 10:40 AM - JAMES and KAREN MOWDY #6457 - Request for Variance from Art. XXlll Code Section 280-124 and the Building Inspector's December 16, 2010 Notice of Disapproval based on an application for building permit to construct accessory in-ground swimming pool and pool house at; lot coverage of more than the code required 20%, at: 2856 Laurel Trail Laurel, NY. SCTM#1000-125-4-24.9. 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. 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 MOWDY, JAMES & KAREN #6457 MAP # 125-4-24.9 VARIANCE LOT COVERAGE REQUEST Construct accessory pool & pool house DATE: THURS, APRIL 7, 2011 10:40 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 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providinq 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 Mailin.q (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later 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 applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 5th, 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. 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 24ih day of March, 2011. Principal Clerk Sworn to before me this ~- ~ day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY APRIL 7, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- suant to Section 267 of the Town Law and Town Code 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 Hag, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY 9-30 a.m.. ANNE R. BUNTING ~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 p0cation for additions & alterations lo existing dwelling and construetlon of an accessory structure at; 1) at less than the code requked setback of 100 feet from the top of bluff, 2) Accessory structure at less than the code re. Ruffed setback of 100 feet from the top of bl~ff~ 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 Sound) ~is~ers Island, NY. SC'IlVlgl000- 10:00 a.m.. FRANK ORITO 064~ - Request for Variance from Art. III Code Section 280-15 and the Building Inspector's February 16, 2011, Notice of Disapproval based on an application for b.uilding permit to construct acces- sory m-ground swhnming pool at; loca- tion other than the code required rear yard; at: 3420 Stars Road E. Marion, NY. SCTMg1000-22-2.18. 19-.20 a.m.. NORTH FORK BEACH ~[~3~- Request for Variance from Art. III Section 280-15 and the Building Inspector's December 30,2010 Notice of Disapproval based on a building permit application for acces gory gazebo at; 1) a location other than the code required rear yard, at: 52325 County Rd. 48 and Sound View Ave., Southoid. NY. SCTMgI000-135-2-24. 10:.40 a.m.; JAMES and KAREN WD~ _ Request for Varlan~ from Art. XXIII Code Section 280-124 and the Building Inspector's December 16, 2010 Notice of Disapproval based [ 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. IL00 n.m. - DAISY M. FOLK - This is a request for a Waiver of Merg er under Article II, Section 280-10A, to unmerge land identified as SCTM g1000-59-6-10, based on the Building Inspector's December 16, 2010 Notice of Disapproval, which states adjoining nonconforming tots held in common ownership shall merge until the totaI lot size conforms to the current bulk schedule (minimum 40,G00 square feet in this R40 Residential Zone District) this Iot is merged with lot 11. Property located at; 7599 & 7475 Souedview Ave., (adj. to 2 Private Rd~.) SouthoId, NY. i 11'.20 a.m, . JAMES CONNOLLY I g6454 - Request for Variance from Arti cie XXIII ~ede section 280-124 and the Building Inspector's February 4, 201I ~otlce of Disapproval based on a build- mg permit application for porch addi- tion to existing dwelling at; at less than the code required front yard setback of 50 feet, at: 5575 Sound Ave,, Mattituck, NY. SCTM#10O0-I21-1.3.2. Notice of Disapproval based on an ap Harbor Lights Dr. (adj. to creek or ca- i!g~ 2011 .~ PUBLIC-.$*/ATE OF NEW ¥OR~ No, 0!-V06t05050 ~?~fi~iled in Suffolk County 12:00 p.m. - NORTH FORK COM- MUNITY THEATER #64~0 - Request for Variance from Art Ill Code Sectina 280-46 and the Building Inspector's De cember 1, 2010, Notice of Disapproval i based on an application for building per- ~ mit for lot line change at; I) lot size less than the code required 20,000 sq. ft. per Bulk schedule in HB Distsict, 2) less than the code required rear yard setback of 25 feet, 3) less than the code required side yard setback of i0 feet, at: 12700 Sound Ave. and 12605 Main Rd., Mattituck, NY. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Feb- mary 3, 2011: 1:00 mm. - IRENE RUTKOSKI ES- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application off James and Karen Mowdy SCTM Parcel # 1000-125-4-24.9 COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF MAILINGS I, Peggy Hubbard, residing at Riverhead, New York, being duly sworn, deposes and says that: On the 17th day of March 2011, I personally mailed at the United States Post Office in Riverhead, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree 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 Assessor's Office, for every property which abuts and is across a public or private street, or vehicular right- of-way of record, surrounding the applicant's property. PEGGY H~U~ Sworn to before me this 17th day of March 2011 \ MARY L 8tLLECK Notary Public, State of New ~ No. 01 SI4984608 Qualified in Suffolk Count~' Frank and Katherine Pappacoda P.O. Box 24 Laurel, New York 10065 Lot No: 1000-125-4-24.10 Joseph and Dorothy Pfaff P.O Box 365 Mattituck, New York 11952 Lot No: 1000-125-4-24.8 Laurel Links Country Club, It P.O. Box 307 Laurel, New York 10065 Lot No.: 1000-125-4-24.24 Steven and Colleen Pizzitola 188 e. 70th Street New York, New York 10021 Lot No: 1000-125-12-4.0 · 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 rctum the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. ' 1. ArticleAddressedto: Bethany Cemetery Assoc Attn: J. Stanley Parkin 1700 Park Avenue Mattituck, NY 11952 2. Article Number O'tansfer from ~n~ce tabeO 7007 071 ~.Reee~vad by(pjfgtedName] C. O~e of Delivery 13/2 ill D. Is beliveqt addm~sdlffomflt limn item 17t [] Yes If YES, enter dallvery address below: [] No [] Registered ~ Rotum Reeslpt for Momhandise [] Insured Mall [] C.O.D. 4l Restflctad Delivery? (Extra Fee) [] yes 0000 7418 2451 PS Form 3811l February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted DeliveBt is desired. · Prfnt your name and address on the reverse so that we can return the card to you. · Attach thfs card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature NF Envinmntl Council Inc. P.O. Box 799 Mattituck, NY 11952 3. L] Registered ~1~ Retum Receipt for Memhandise 71 Insured Mail [] C.O.D. 4. Restricted Deliver,/? (l~aa Fee) [] Yes 7007 0710 0000 7418 2383 PS Form 38'11, February 2004 Domestic Retum Receipt or on the front if space parma. 2. Article Number 0'rar~er from =orv~e et~0 [ PS Form 3811, February 2004 C. Date of Delivery 1'/ []Yes n No ~r'Retum Reselpt for Merchandise [] Insured Mall r [] C.O.D. 4. Restr'~tad Dalk, e~? ~XUa Fee) nyes 7007 0710 0000 7418 5773 Domestic Retum Receipt __ 102r~o-02-M-lS40 Certified Fee Return Receipt Fee (Endomement Required) Restricted Delivery Fee (Endorsement Required) · Complete Items 1,2, arid 3. Also complete item 4 if Reebtcted Deliva7 is desired. · PHnt your name and address on the reverse so that we can return the card to · Attach this card or off:the fTont if space pen-nIts. D, Is delively addres~ dlffemflt f~om Item 1 ? It Y~S, enter dallvery address balow: [] No ~[:Catifled Mall [] Express Mall C] Registered [~gL'l~et um Receipt for Merchand(se [] Insured Mall 2. Article Number (rrar, sf~ from service labe0 7007 0710 0000 7418 5759 · Complete items 1,2, and 3. Also COmplete item 4 If Restricted Delivery is desired. · Prfnt your name and address on the reverse so .~ .we can tatum th~ card to you. · A~s card to the b~ck of the maJlp ece, or ,~¢l~lfront if space p~its. 1. Arti~dressed to: ~-- 2. A~ticle Number D. ~diff~ ayes ifl~l~ dalive~y addrees b~.~.~r-1 NO 4. Restdcted Delivery? ~ Fee) 0 Yes 7007 0710 0000 7418 7692 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M.1540 · Complete items 1, 2, and 3. Also complete item 4 if Restflct~:l Detlf~ery Is desired. · Print your name and ad~ilress on the reverse so that we can tatum thee ca~ to you. · Attach this can:l to the r~ack of the mallplece, or on the front if space permits, 1. Article Add--ed to: [] Agent i-I Addressee C. Date of Delivery D. Is delivery address d~em~t 1 If YES, enter deliver 0 Exp~ Mell [~Retum Receipt for M~h~a~dlse [] Insured ael~ p C.O.D. 4. Restricted Delh~y? ~ F~e) [] yes 2. Article Number 7007 0710 0000 7418 5766 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 If Resbicted 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: Radiant Gems Limited P.O. Box 366 Laurel, NY 11948 2~ Article Number 0'rensfer from sen4ce ~[Ce~t~d Mell [] F_xpmss Mall [] Reglstaed L~' Return Receipt for Memhandlse rq Insured Mail ~ C.O.D. 4. Restr~oted Dolh~a,/.' (Extra Fee) []Yes 7007 0710 0000 7418 2468 PS Form 3811, February 2004 Domestic Return Receipt 1035AS-02-M4~4e Home I Help I Si?In in Track & Confirm Track & Confirm FAQs Search Results Label/Receipt Number: 7007 0710 0000 7418 5773 TM Service(s): Certified Mail Status: Delivered Your item was delivered at 12:25 pm on March 26, 2011 in PALM BEACH GARDENS, FL 33410. Track & Coafi~m Enter Label/Receipt Number. Detailed Results: * Delivered, March 26, 2011, 12:25 pm, PALM BEACH GARDENS, FL 33410 · Arrival at Unit, March 25, 20tt, 7:23 am, PALM BEACH GARDENS, FL 33410 Not~ca~o~ Opt~ Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Site Map Customer Ser~fce Forms Gov't Services Careers Pdvac), Policy Terms of Use Business Customer Gateway Copyright~ 2010 USP$. All Rights Reserved. NO FEAR Act EEO Data FOIA TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of: James and Karen Mowdy AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000-125-4-24.9 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Karen Hoeg, residing at 350 Willis Creek Drive, Mattituck, New York, being duly sworn, depose and say that: On the 28th day March, 2011, I personally placed the Town's Official Poster with the date of hearing and nature of the application noted thereon, securely upon the subject, located ten (10) feet or closer from the street, near the driveway entrance in an area most visible to passersby. I hereby confirm that the Poster has remained in place for seven~7) days prior to the date of the subject hearing date, which hearing ~s~/~7, 2011. Sworn to before me this 4th day of April, 2011 Notary public, State o4 New York No, 4931537 Qualified in Suffolk County Commission Expires June 20, ,~lJ~, 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 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) Southold, NY 11971 April 21,2011 Karen Hoeg, Esq. Twomey, Latham, Shea P.O. Box 9398 Riverhead, NY 11901-9398 Re: ZBA File#6457 - Mowdy Dear Ms. Hoeg: 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. Vicki Toth Encl. Cc: Building Dept. SURV~I~ OF PROPER~ AT MA TTITUCK TOWN OF SO UTHOLD SUFFOLK COUNTY, NEW YORK 1000-125 - 04- 24.9 SCALE: 1"=30' ~AN 24, 20~2 ~FB 22, 2002 (CERTIF/CA~,O~, JONE f~ 2002 ('PROP. 9EP[ !8, 2002 (PROP HSE ) OEC 9, 2002 (FOUHOA DEC 1~, 2002 (CERDF~CA ~'0~) NO~ 2!. 200~ fFINAL ~ SCDHS Ref. R ORaN sPACE pARCeL A ¢6' CER TIF1ED TO: JAMES MOIqD y KAREN MOFVD y FIRST AMERICAN TITLE INSURANCE COMPANY 0c NEW YORK JPMORGAN CWASE SANK [- i I am Familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAHILY RESIDENCES and wttt abide by the conditions set ¢orth therein and on the permit to construct L~;r x~U~BERS REFER FO 'HAP OF LAUREL LINKS' L = 116,16 RECEIVED FEB 1 1 7011 BOARD OF APPEAL. S~ ~ L=137.34 ' TRAIL '; , N ~ g '''~' ' "' ~-,~ NO 49618 (631) 765 - 5680 c4~ '631) 765 1797 P 0 ~Ox 9~9 L~IJREL LA~E LINE ,, 24.25 20J. A COUNTY OF SUFF (~) e¢ Property lax Serwce Agency SECTION NO PROPERTY