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HomeMy WebLinkAbout6574 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2012 jUt 2 7 2012 ZBA FILE: 6574 NAME OF APPLICANT: John and Angela Reinertsen PROPERTY LOCATION: 590 Arrowhead Lane Peconic, NY SCTM#1000-98-2-4.1 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. LWRP DETERMINATION.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is a conforming lot located in the R-40 zone district. It is improved with a one and a half story dwelling with 316.76 feet (actual) of frontage on Arrowhead Lane, 134.93 feet on the south property line, 316.40 feet along the west property line and 124.09 feet along the north property line as shown on the survey prepared by John T. Metzger, LLS, dated March 1, 2000, last revised May 18, 2012. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and in-ground swimming pool/spa at: 1) accessory pergola is proposed in a location other than the code required rear yard, 2) accessory in-ground swimming pool/spa is proposed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant is proposing to construct a pergola in the side yard where the code requires a rear yard location. Additionally, the applicant is requesting to construct an in-ground swimming pool and spa in the front and side yards where the code requires a rear yard location. ADDITIONAL INFORMATION: In 2006, under Zoning Board file number 5973, the applicants applied for and received variance relief with conditions for a new single family dwelling at less than 50 feet from the front lot line, and a rectangular in-ground swimming pool and accessory cabana located in a side yard rather than the code required rear yard. The applicants subsequently redesigned the pool and spa with landscaped planting beds and a patio and are now requesting that the swimming pool be placed in a side yard at 35.2 feet from the south property line. At the public hearing the adjacent neighbor to the South objected to the location based upon concern for noise disturbance from the pool use; the neighbor across the street testified that they are in support of the applicants' request. AMENDED APPLICATION: During the hearing, the applicant was asked to increase the proposed side yard setback for the pool to 40 feet from the southerly property line, to address the neighbor's concern over noise levels. Page 2 of 3- July 19,2012 ZBA File#6574 - R¢inertsen CTM: 1000-98-2-4.1 FINDiNGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5, 2012 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 alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Several of the lots in the neighborhood are long and narrow with reduced depth in the rear yard, thereby limiting or eliminating the use of the conforming rear yard location for accessory structures. Accessory in-ground swimming pools are common in the neighborhood. The in- ground swimming pool and cabana with pergola will not be visible from the road or adjoining properties because of existing mature vegetation and a proposed landscape plan of additional tree and plant screening. The applicants' rear yard overlooks agricultural property. 2. Town Law §267-b(3)(b){2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could physically locate a swimming pool in their rear yard. However, the rear yard is only 37 feet deep at the closest point to the existing whereas the applicants' lot, which is 316.76 feet wide, has two very large side yards Therefore, the only practical place to construct accessory structures is in either of the two side yard areas, which is also the more practical location in terms of the interior layout of the applicants' dwelling. 3. Town Law §267-b{3){b){3}. The variances granted herein are mathematically substantial, representing 100% relief from the code requirements. However, they are mitigated by the shallow depth of the lot (124 feet) which dictates the placement of accessory structures. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town code for storm water management and the Town's drainage code and requirements for safety fencing for the pool and spa. The applicants' agent testified that no existing mature trees or natural vegetation will be removed from the southerly portion of the lot beyond the location of the pool. Pool equipment will be placed in a sound deadening container. The neighbor's dwelling to the south is located 120 feet from the proposed pool location and the existing and proposed additional landscaped buffer will muffle sound and create visual privacy. 5. Town Law §267-b(3)(b}{5}. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a pool and pergola 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried to; GRANT~ the pergola as applied for and, DENY the in-ground swimming as applied for and GRANT ALTERNATIVE RELIEF as follows: The in-ground swimming pool shall be setback a minimum of forty (40) feet from the southerly property line. Page 3 o1'3 July 19,2012 ZBA File#6574 - Reinertsen CONDITIONS: 1. Applicant shall plant and continuously maintain a row of evergreen trees and plant screening as shown on the site plan by Platinum Site Development dated 5/18/12 and stamped received by the Board of Appeals on May 23, 2012. 2. Applicant shall construct the pool and install evergreen screening within one year from the date of this decision. 3. All pool mechanicals shall be placed in a sound proof container located behind the cabana. 4. All run-off shall be contained on site per code and conform to Chapter 236 Storm water management. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before aoolvine for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey and architectural drawings conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 nonconfi~rmiiy. Fote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Hornmg. 3:'ay' MemberDinizio ThisResolutionwasdulyadopted(4-1). Leslie Kanes Weisman, Chairperson Approved for filing 7/o /q(/2012 Scale: 1/16" = 1' ""- Plan: LP-12A]R01 ~ I~ ~ V N LOT NUMBERS REFER TO 'MAP OF ARROWHEAD COVE' FILED IN THE SUFFOLK COUNTY CLERK'S OFF]CE ON JUNE BO, 1963 AS MAP NO, 3810. N iN1) i~°Al) IP4,14' (mop) ~ 2 'L:>O'E 1~4.09' Z LOT 3~ ~/2 s~. FR. HSE. V m S.C.D.H.S. REFERENCE NUMBER R10-07-0012 SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-98-02-03 04 SCALE: 1'=50'& MARCH 1, 2000 JUNE 28, 2006 SEPFEMBER 26, 2006 (LOT COVERACE) FEBRUARY 22, 2007 (WATER LINE) MAY 22, 2007 (FOUNOATION LOCATION) MARCH ~. 2011 (FINAL.) MAYI4, gOI2(PROP. POOLI L~/~ MAY 17, MAY 18, 2018 (REVISIONS) AL.~. 8, BOA?~D OF hppEAL5 LOT COVERAGE E/,IS TING ttOUS~ - 3468 54G8/41815., $,3~ PROPOSED POOl_ - 954 sq, fl, POOL HOU~ & P£RGOL~ - 640 sq. ft 1574 sq. ft. TOTAL 5042 sq. ff, 504214/815 = AFTER CO¥$TRUCTION S BB'42'20' ~/ 134,93' (actuat) 135.00' (mop) LOT 36 C dwel llr~j ) AREA=41,815 $O. FT. I am faml[l<~r with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SE~/AGE DISPOSAL SYSTEHS FOR SINGLE FAHILY RESIDENCES and will ~:)tde by the conditions set forth therein and on the i~ermlt to construct, The location of welLs and cesspools shown hereon are {rom ReLd observ~tions and or data obtained {rom others, ANY ~J_TERATION OR ~DITI~ TO ~IS S~Y IS A VI~ATI~ ~ ~CTI~ 7~ ~ T~ ~ Y~ STA~ E~ATI~ EXiT ~ ~ ~CTI~ ~BDIVISI~ ~ ~L ~TIFICATI~S ~ID ~ ~ ~IES ~ ~ I~SSED ~ ~ T~ S~VEY~ TEST HOCE DATA CERTIFIED TO: JOHN RETNER TSEN ANGELA RE1NER TSEN NY,$. LIC, NO. 49618 P£CON]C ~URVEYOR$, AC, (6311 765 - 50~0 FAX~(631.) 765-1797 P, O. £OX 909 $OUTHOLD, N.Y, ~197.[ 0 i 0 John and Angela Reinertsen 1227 84th Street Brooklyn, NY 11228 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED DATE: March 29, 2012 BOARD OFAPPEALS Please take notice that your application dated March 21, 2012: For permit to construct accessory pergola and in-ground swimming pool/spa at: Location of property: 590 Arrowhead Lane Peconic, NY County Tax Map No. 1000 - Section 98 Block 2_ Lot 4._~1 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory pergola and in-ground swimming pool/spa on this conforming lot consisting of 41, 815 sq. ft. in the residential R-40 District is not permitted, pursuant to Article III, Section 280-15, accessory buildings and structures; shall be located in the required rear yard. The~le plus the proposed pergola,~n the side yard and the proposed in-ground ~'~swimming pool/spa i~ front ~yards. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. RECEIVED ' ~AID OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. ~"~0 Street /0d~l~0~,/~l~AD /4A/g: Hamlet ~0~C(YA/, ~.~ SCTM 1000 Section ~) Block ~ Lot(s) /'/. ] Lot Size /'//;/::l/~' Zone }~ q O I (WE) API~EAL THE WRITTEN DETERMINATION OF THE BUILDI~NQ_I~qSPECTOR DATED3/~ / 1~ BASED ON SURVEY/SITE PLAN DATED.3/-4/I I Applicant(s)/Owner(s): x,)6g~ ~ j~Cnt:~A Mailing Address: Io~ ~tfT/I ~T~E'6'r' E(~OKLYAt, AIY Telephone:(~]~) ~c°- ~ ~Fax: ~1) ~ 2~- ~3 q ~ Email:g [~YSe~(~ 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 represeHts: Name of Representative:_ ~T/.~ ~ '~ t~' 0~l. for ( ) Owner ~Other: Address:~ ~ AV&~. NICKSVILLi a/~ I1~01 Please check to speedy who you wish correspondence Ia be mailed to, fYottt the above names: ( ) ApplicanffOwner(s), ~ Authorized Representative, ( ) Other Name/Address below: WHEREBYTHI~ BUILDING INSPECTOR REVIEWED SURVEY/SITE PL3N DATED I/l~l~ and DENIED AN APPLICATION DATED ,q,/t gill2 ~ Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ~ Section: ~(J-I~ Subsection: Af_xLd~g~rty' [{~t-o/~<~£ Type of Appeal. An Appeal is made for: <k -gTw..ocrT.~z~'x {NO A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal O~ has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). ~};/~ Year(s). ~00~, . (Please be sure to research before completing this question or call o,r qf/ice for assistance) Name of Owner: Zl~ile #__ REASONS FOR APPEAL {addtttonal sheets ma~ be used wtth preparer s stgnatu e}. AREA VARIANCE REASONS: 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: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) }las the alleged difficulty been self-created? ( )Yes, or ~10No. Are there Covenants and Restrictions concerning this land: I~ No. F] Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VAR1ANCE SHEET: (Please be sure to consuIJ your attorney.) ~/~n, ftUre of Appellant or Authorized Agent ~t nmst submit written Authorization from Owner) Sworn to before me this /L~day of~ ,20/~ . -Notary Public , ....... ROSE~,;%u E C~RCIAffi . : howY~ Name of Owner: John, Angela Reinersten Reasons for Appeal RECEIVED BOARD OF APPEALS ZBA File # (2) (3) (4) This variance will not produce an undesirable change in the character of this neighborhood or be a detriment to nearby properties because of the placement of the proposed project. The applicant would like to place the structures in the rear yard but are not capable of doing so since the rear yard diminishes with the lack of depth in the yard. The property consists of two merged one-half acre lots. By merging the two separate building lots to one single dwelling lot with customary accessory uses the applicant will keep a country lane look, maintain trees and add screen plantings to hide all structures. The rear yard abuts a 70-acre farm/vineyard. The front yard appears larger with the existing buffer between the pool area and the edge of the traveled road. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than the area variance. The depth of the lot dictates the placement of the accessory structures. The property has 316.76 feet in width (north to south), and is only ~_24 feet deep (from east to west), leaving a narrow (24 feet) for placement of the accessory structures. The code defines the front and rear yards, and these are not large enough to allow the accessory structures without an area variance. The amount of relief requested is not substantial because the pool still maintains a 35'2" distance from the side yard property line and 44'7" from the front yard property line. Also there will be proper noise and visual screening of the proposed accessory structures between the new screen plantings and existing buffers. The variance will not have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district. The proposed accessory structure still maintains a 35'2" distance from the side yard property line and 44'7" from the front yard property line. Through existing buffers and screen plantings the structures will not be visible from the street or any abutting properties. RECEIVED Applicant:J ©0M I. For Demolition of Existing Building Areas Please describe areas being removed: ~/O ~x/~' APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~ M f-.'~ /~'-LA r2.. b.-"lrq b'-'tl_T$ ~'M DatePrepared: (-//,~"/~ BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from survew~rl' Existing square footage of buildings on your property: Proposed increase of building coverage: _ '7~t.,'*~ - i - Square footage of your lot: ~Z ,qi~g" Percentage of coverage of your lot by building area: /0 V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): 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 RECEZVED ~ ~'* ~OARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premis~ )istcd on the real estate mark~ for sale? Yes ~,/No Are there any proposals to change or al~:r land contours? v~' NO Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetlancl grasses? 2.) Are those areas shown on the survey submitted wlth this'application? 3.) ls~ the p.~perty bulk headed between the wetlands area and the upland~ 4.} If your property contains wetlands or pond areas, have ygu contacted the Office of the Town trustees for its determination ofjurisdictiop? ~//,~ Please confirm status ct your inquiry or application with the Trustees: ~/,4 and if issued, please at'tach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the ama of proposed COnstruction at or below five feet above mean sea level? MQ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submiiling?j~OA/~'_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? ,%/0 yes, plea.~ submit a copy of your building permit arid survey a~ approved by the Building Department and please describe: If . Please anach all prc-c~aiflcaars ofo~cupancy and ceaificates of occupancy for the subject premises. If any are lacking, please apply to tho 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? lfyes~ please label the proyJrnjty of your lands on your sllrvey. 8~tr~c, po01 ot o~er) z~ signatl/~.,~lld bate Please list present use or operations conducted at this parcel ~t ~ . (~ exist~ smsle family, p~s~: same wi~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART ! - PROJECT INFORMATION (To be ¢omp~,~_ by Applb-=~ or r -'~-_~_=:-'. Sponsor) RECEIVED BOARD OF APPEALS 7. AI~OUNT OF LAND A~FECTED: , Inrt~llly ~O,C~ a<~m~ Ultimately · ~ 8. WILl. PROPOSED ACT)ON COIVlPLy WITH EXISTING ZONING OR OT~HER EXISTING LAND USE RESTRICTIONS~ WHAT IS PRES~q' LAND USE IN VICfNI~' OF PROJECT? 10. DOES ACTION II. SOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY ~ Ye. [] No ~ Ye~, t~s~ aeenc~s) name an~ perm~ova~s: DOES ANY ASPECT OF TH~ ACTION HAVE ^ CURRENTLY VAUD PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED AC11ON WILL EXISTING PERMIT/APPROVAL REQUIR~ MDOIFICATION? ~ 'rl4AT 'W'~= ~ug~RMATION PROvIrI~:n aRf'~Vlt IR '~U; T(3 THIt R~:R'r f~ My KNOV~I.EDGF ~ i the Coastal Area, and you are a state agency, complete the Assessment Form before with this OVER t PART II- IMPACT ASSESSMENT (To~l[completed by Lead Agency) RECEIVED A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 f yes coord nate the review process a~d ~se~e FULL EAF []Yes [] No ' ~" ~1 ~, B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617~. JLND, a neqative declaration may be superseded by another involved agency. ' ~u~[~ OF APPEALS [~Yes [~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W3TH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlits species, significant habitats, or threatened or endangered spedes? Explain briefly: C4. A community's existing p~3ns or goals as officially adopted, or a change in use or intens~ of use of land or other natural resources? Explain briefly: C5. Growth, subsequent devetopment, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENT.~L AREA (CEA)? r-]Yes Yes, explain briefly: No If E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~r-~ No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) pmbabifity of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potenfially large or significant adverse impacts which MAY occur. Then proceed directly to the FULt EAE and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and anysupporting documentation,that the praposed action WILt NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Date Tire of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of preparer (If different from responsible officer) RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF $OUTHOLD ~OARD OF APPEALS tYtl EIv To.u$~.271[$ FOIO/I: ?he form must pl~ ~ro~ ~e ~r~nce, or subdi~s~n * ~00 fe~ O~q f~m o~r~n loc~ in ag~m~ S~ent m~t ~ refund to the ~ Coan~ ~nt of ~n~g in ~ ~ S~ 2~9- m a~ 239~ ~the Gener~ M~icipal Lam ' - ' · · ' 1) N~c'of Applic~t:. , ,~ ~ 6) ~don of~op~ (r~d ~d tax map numb~)~O ~e Town Assessors. Offi~ To~ Nail location (765-193~)'or ~m ~y public ~mputer at the Town Hall lo~ions by viewing the p~c~ numbers on the Town of Scuthold Re~ ~eRy T~x System. (Please v,S.~age if more than six property own~deatified .) The lot numbers may be o[t.~incd~,n advance, when requested from 'th '' '- 1. The ~1 board will soli~t comm~,.s from the OWnerS of land id~nfifi~l above in ordar to e~sid~ the ~ff~ct of the prol~s~l acnon on t~ir ~ana opt~ti~n. Soliettatiors will. be rome by ~upplying a e~py 9. C.~gia.of thc em~leted g~¢ulmral Data Stata'nam aloft RECEIVED BOARD OF APPEALS APPLIcANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Buitdin8 YES NO ~ - N~e of~on ~ploy~ ~ the To~ of the a~i~e IMe A) through D) ~ dc~ in the m~ The ,own omar ~ ~o~y~ or hie ~ ~ S~, S~b[i~, P~nL o~ child ~s (~c~ all t~t A) ~ ~w of~ ~ 5% Of~ s~ of t~ ~atc stock of the appli~m DESCPJJrFION O~ KEL. ATION S.q~p APPLICANT/AGENT/REPRESENTATiVE TRANSACTIONAL DISCLOSURE FORM RECF. IVED ~OARD OF APPEALS The Town of Southold's Code of Ethics orohibits conflicts of interest on the part of town officers and cmolovccs. Thc oumose this form is to orovide illformntinn whiGh cala ~ thg towll of ~ossible conflicts ofintercat and allow it to take whatever action necessary to avoid same. (Last nanle, 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 Harming 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" includes by b ood, marc'age, or business interest. Bus ness nterest" means a business, including a partnership, in which the town Officer or employee has ever] a parlial ownership of(or employment by) a coq}oration in which thc 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 Socthold 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-cogporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee ol~ the applicant; or __D) the actual applicant DESCRIPTION OF RELATIONSHIP Submittedthi~. i~ day& Signature~' ~.~_.~ Form TS 1 Print~ ,,~ ~SOAJ 6~(..~7//.4 , ~/. Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 100L) _ c~ ~ O2 -OJ-©'~ The Application has been submitted to (check appropriate response): Town Board Planning Dept. [~ Building Dept. [5~//Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: L°cati°n ° f acti°n: 0 h'rcOtuhead Site acreage: Present land use:_ Present zoning classification: BOARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicant:~, (b) Mailing address:_ (c) Telephonenumber:AreaCodet~ ~'~]6~) ~B-gD~ ~ (d) Application number, if anyL Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No~ lfyes, which state or federal agency.'? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes [] No r ! (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes ~ No [] (Not Applicable - please explain) Attach additional sheets if nccessmT BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the To~vn of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No [] (Not Applicable- please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 th rough 16 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No ~ (Not Applicable- please explain) RECEIVED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section Ill - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [~ No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes~ No [] (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in saitable locations. Sec I,WRP Section III Policies; Pages 47 through 56 for evaluation criteria. ~'-~L// ~] Yes ~ No [~_] (Not al, plicable-i, lease explain) ~IVED~' [ ROARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. Ed Yes [] No [] Not Applicable- please explain Town of Southold Annex 54375 Main Rood Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 34930 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 590 ARROWHEAD LA PECONIC, N.Y. 11958, Date: 5/4/2011 SCTM #: 473889 Sec/Block/Lot: 98.-2-4.1 Subdivision: Fried Map No. conforms substantially to the Application for Building Pcrmi! heretofore 3/27/2009 pursuant to which Building Permit No. was issued, and conforms to all of the requirements of the applicable provisions of thc [aw. The occupancy for which this certificate is issued is: one family dwelling with unfinished bascment, scrcencd ~orch. covered oorch, patio and attached two car earage as applied for pea' ZBA #5973. dated 12/14/06. Lot No. filed in this ofltced dated 36219 dated 3/7/2011 CALLED LEFT A MSG ON 3/1/2011. FINAL INSPECTION SCHED. FOR 3/4/11 The certificate is issued to Reincrtsen, John & Rcinertsen, Ang¢la (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 3/1/I 1 R10-07-0012 4/29/I 1 36219 2/24/11 ~' Aut h~;gzed Signature ~ECEIVED m ~OARD OF APPEALS ~oard ofZonlna Aunenb AD_nI_;~-_~- (Where ~c Applicant i~ not ~he Owner} (Priut property ow~r's n~me) ' (Mailing Address) (^8¢nt) ~C¢ ~[O/~m e~,-~ -~ C.- - '° aPPlY for v~ce(s) on my behflf ~om ~e Southold Zoning Board of Appeafls. (O~herXs~ignature) (Print Owner's Nm'ac) APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Janaes Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Southold Town Hail 53095 Main Road · P.O.~RI~7~F APPEALS Southold, NY 11971-0959 Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 * Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 2006 CTM 98-2-4.1 ZB File No. 5973 - JOHN and ANGELA REINERTSEN Property Location: 590 Arrowhead Lane, Peconic RECEIVED . JAN '3 2007 Southold Town Clet~ ~ 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/DE$0RIPTION: The applicant's 41,815 sq. ft. parcel is undeveloped land shown as Lot 38 on the 1963 Subdivision Map of Arrowhead Cove, with 316.76 feet along the west side of Arrowhead Lane in Poconic. BASIS ~: Request for Vafiancas under Sections 280-15 and 280-18 (100-30A.3 and 100-33 based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a proposed new dwelling, accessory swimming pool, and accessory (cabana) building. The dwelling will be less than 50 feet from each the front lot line and roar lot line, and the swimming pool structure and an accessory building will be in a side yard rather than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 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 Io be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new dwelling, 20' by 40' accessory swimming pool, and 12' by 25' accessory (cabana) building as shown on survey prepared by John T. Metzger, Land Surveyor dated 3/1/2000, amended 9/26/2006. The dwelling will be less than 50 feet from the front lot line, less than 50 feet from the rear lot line, and the swimming pool and accessory building will be in a side yard rather than the code-requirod rear yard. 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 because of the proposed placement of the home. During the public hearing, the neighbors to the south were concerned about noise pollution emanating from the use of the swimmingpool. The applicants stated they would like to construct the accessory swimming pool and cabana in the rear yard, but are unable to since the roar yard diminishes with the lack of depth of the lot. The applicant's property consists of merged land that was original two one-half acre lots. By merging their property, the building density was reduced for the total width of the lot, from two separate dwelling lots to only one single dwelling lot · Page 2'- December 14, 2006 ZB File No. 5973 - John and Ang CTM No. 98-2-4.1 RECEiVED~*~/ BOARD OF APPEALS with customary accessory uses. The applicant proposes to keep a country lane look and maintaining trees, The rear yard abuts a 70-acre farm/vineyard. The front yard appears larger with the existing buffer between the proposed house location and the edge of the traveled road. The applicant are able to rotate the pool to an east~vest direction, increasing the setback from the southerly adjoining lot. 2. The benefit sought by the applicant cannot be achieved by soma method, feasible for the applicant to pursue, other than an area variance. The depth of the lot dictates the placement of the home as well as the front and rear yards. The property has 316.76 feet in width (north to south), and is only 124 feet deep (from east to west), leaving a narrow (24 feet) for placement of a house and accessory structures. The code defines the front and rear yards, and these designed yards are not large enough to allow for a dwelling with customary accessory buildings without an area variance. 3. The variance granted herein is substantial and the maximum reduction the Board would allow, 4. The difficulty has not been self-created. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new residence, accessory swimming pool and accessory buiiding, 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 Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on survey prepared by John T. Metzger dated 3/I/2000, revised 09/26/2006 SUBJECT TO THE FOLLOWING CONDITIONS: 1, Grant the front and rear yard reductions as applied, except that placement of the pool shall be rotated into an east-to-west location and set back a minimum of 70 feet from the southerly (side) property line. 2. The accessory storage building (referred to as a cabana) can be placed in [ts proposed location, 47 feet from the private road (or in the rear yard of the home adjacent to the pool), and this accessory cabana shall not exceed 12'x20' in size. The structure will be unheated and contain only a half-bath lavatory, with the door to open to the outside of the structure, An outside, open shower is permitted, as well as, electricity to the structure. The cabana shall meet the same setbacks as the pool [from the easterly/front and southerly/side lot line(s)]. 3. Both the pool and accessory structure (cabana) shall be screened from the road and from the adjoining lot to the south, by a staggered row of evergreens planted at a minimum height of five feet. These plantings must be maintained, and replaced if their functional use is compromised. 4. The maximum height of the acoessory structure (cabana) shall not to excaed 12 feet. 5. The ZBA reserves the right to inspect the new construction at any time. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, am not authorized under this appJicetion when involving nonconformities under the zoning cede, This action does not authorize or condone any current or futura use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as ara expressly addressed in this action. The Board reserves the dght to substitute a similar design that is de minimis in nature for an alteration that does not · Page 3 '- December 14, 2006 ZB File No. 5973 - ,.~hn an CTM No, 98-2-4.1 RECEIVED ~ ~-A/' BOARD OFAPPEALS increase the degree of nonconformity, Vote of the Board: Ayes: Members Oliva (Chainvoman), Goahringer, Dinizio, Simon and Weisman. This ~th D. Oliva, Chairwoman 12/29/06 Approved for Filing OWNER STREET ,,~'~ D /VtJ:~E DIST SUB. LOT 3~ S W TYPE OF BUILDING RES. SE~,S. VL j/// FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS J AGE BUI~IN6 CONDITI~ FA~ Acm Value Per Value I W~l~nd Swampland FRO~AGE ON WA~R Brushlond FRO~AGE ON ROAD / ~ ~ H~se PI~ DE~H ~ ~ ~/ BULKH~D T~al D~K ~ECEIVED 0OARD OF APPEALS OWN£R TOWN FOBMER OWNER RES. LAND SEAS. IMP, TOTAL DATE CB. MISC. Mkt. Value RE/~,RKS AGE NEW FARM Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot ILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Value Acre E ON WATER FRONTAGE ON ROAD LKHEAD DOCK RECJ=JVED J~OARD OF APPEALS ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fox (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 4, 2012 RE: Zoning Appeal No. 6574 Transmitted herewith is Zoning Appeals No. 6574 of Platinum Site Development for John & Angela Reinertsen- thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated March 29, 2012, Copy of Certificate of Occupancy No, 34930 for One Family Dwelling Dated May 4, 2011, Authorization Letter from John Reinertsen to Platinum Site Development to Represent them in this Matter, Three Pages of Zoning Board of Appeals No. 5973 Dated December 14, 2006, Seven Pages of Photos, Two Pages of Property Record Card, Copy of Survey Showing Existing & Proposed Construction Dated May 18, 2012 Prepared by Peconic Surveyors, Drawing of Accessory Structure Prepared by Platinum Site Development, Site Plan Showing Existing & Proposed Construction Dated May 18, 2012 Prepared by Platinum Site Development. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/31/12 * * * RECEIPT * * * Receipt~: 134173 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6574 $1,000.00 Cash#:3651 Total Paid: $1,000.00 Name: Reinertsen, John & Angela 1227 84 Street Brooklyn, NY 11228 Clerk ID: CAROLH Internal ID: 6574 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 5, 2012 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, JULY 5~ 2012: 2:15 P.M. - JOHN and ANGELA REINERTSEN #6574 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and in-ground swimming pool/spa at: t) accessory pergola is proposed in a location other than the code required rear yard, 2) accessory in-ground swimming pool/spa is proposed in a location other than the code required rear yard, located at: 590 Arrowhead Lane Peconic, NY. SCTM#1000-98-2-4.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vicki.Toth~,Town. Southold.ny.us Dated: June 11, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 11, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,July 5, 2012 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 June 18th: 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_] 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 an,/letter is returned to you undeliverable1 you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner1 to the best of your ability, and to confirm how arran,qements were made in either a written statement1 or durin.q the hearin.ql providin.q the returned letter to us as soon as possible; AND not later than June 25th: 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 June 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before July 2, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: REINERSTEN, J. & A. # 6574 SCTM #: 1000-98-2-4.1 VARIANCE: LOCATION REQUEST: PERGOLA & INGROUND SWIMMING POOL/SPA DATE: THURS., JULY 5, 2012 2:15 PM BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 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 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 21st day of June, 2012. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JULY S, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- suant to Section 267 of theTown 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- PEAES at the Town Hall, 53095 Main Road. RO. Box 1179, Southold, New York 11971-0959, on THURSDAY JULY 5.2012: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Heating June 7, 2012 10:00 A.M. - SUSAN MEYER- 10.30 A.M. - D.F. and J. M. HARRIS CHll I~REN'S TRUST g6570 - Request for Variance from Article II1 Code Sec tion 280-15 and thc Building Inspector's March 28, 2012 Notice o£ Disapproval based on an application for building permit for an accessory barn at: 1) ac cessory barn is proposed in a location other than the code required rear yard, located at: No number Clay Point Road (Off East End Road) Fishers Island, NY. SCTM#1000-7-1-7.1 10'.50 A.M. - MILL CREEK PART- N R~ - Request for Vati- ancc from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspec- tor's February 29, 2012, revised May 7, 2012 Notice of Disapproval concern- ing permit to construct a dock master's building and addition/alteration to exist- ing restaurant, at; 1 ) dock master's build- ing at less than the code required bulk- head setback of 75 feet, 2) additions/ alterations at less than the code required bulkhead setback of 75 feet, located at: 64300 Route 25 (adi. lo Southold Bay~ Greenport, NY, SCFM#1000-56-; 2 11:15 A.M. - ALAN FIDELLO%_- #6578 - Request for Variances from Ar ticle XXII Code Section 280-116lB) and 1 week(s), successfully commencing on the Principal Clerk day of CHRISTINA ¥OLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County LL(~. - #6577 - Request for Variance from Article iii Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an ap- plication for building permit for accesso- ry tennis courl at: I ) In the case of water- front properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forlh by this code,., proposed location is uther than the code required front or rear yard, located at: 8925 Skunk Lane (adj. to Little Creek) Cutchoguc, NY SCTM#10O0-104-3-15 MANAGO #6576 - Request for Var/ ance from Article XXIi Code Section 280-116(B) based on an application for buiMing permit and the Building lnspec- toffs April 6, 2012 Notice of DisapprovN concerning proposed additions and a terations to a single family dwelling, 1) less than the code required bulkhem setback of 75 feet, located at: 8225 Nas- sau Point Road (adj, to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118- 4-10 Request for Variance from Article XXBI Section 280 124 and the Building lnspec- toffs May 3, 2012 Notice of Disapproval based on an application for building per- mit lo~ a deck addition to existing single famdy dwelling at: 1) less than the code required minimum side yard setback ol 15 feet; located at: 1165 Sahaire Way Mattituck. NY. SCTM#1000-100-1-24 1..50 P.M. - PAUL A. and ELIZA- - L. 5 -Th/sis a request for a Waiver of Merger under I Article II, Section 280-10A, to unmerge land identified as SCTM #1000-63-2-25, based on the Building Inspector's April 27, 2012 Notice of Disapproval, which states adjoining conforming or noncon- forming lots held in common ownership she0 merge until the total lot size con- forms to the current bulk schedule (min- imum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-63-2-26, located at: 955 & 1065 Hummel Avenue Southold, NY. SCI~M#'s-1000-63-2-25 & 26 2:15 P.M. - JOHN and ANGELA l~ - Request for Variance from Article Ill Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and in- ground swimming pool/spa at: 1) acces- sory pergola is proposed in a location other than the code required rear yard, 2) accessory in-grouod swimming pool/ spa is proposed in a location other than the code required rear yard, located at: 590 Arrowhead Lane Peconic, NY, SCTM#1000-98-2-4.1 The Board of Appeals will hear all persons or their representatives, desir- mg to be heard at each hearing, and/or desiring lb submit written statements before the conclusion of each hearing. Each hearing will not slart earlier than des!gnated above. Files are avadable for review during regular business hours and prior to the day of the hearing. If yo~ have questions, please contac our ofhce at, (631) 765-1809. or by emaih V~ILT9 ! h OT~T~]~. u t h o1~ Dated:June 11,2012 ZONING BOARD OF APPEALS ~ LESLIE KANES WEISMAN, CHAIR. PERSON 54375 Main Road (Office Location) 53095 Main Road {Mailing/USPS} P.O. Box 1179 Southold, NY 11071-0959 10~Q~Y46- IT 6~/21 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified ~ SCTM Parcel #1000- qg %2 COUNTY OF SUFFOLK) ST^T Or SEw ¥ORX) 4~a aO~d~--yd , New York, being duly sworn, depose and say that: Onthe .~2.~ dayof ~Jr"b~ , 2012.., I personally placed ~e Town's Official Poster, with the date of hearing and nature o£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 bas remained in place for seven (7) days prior tq the date of the subject hearing date, which heating date was shown to be ~'/5'/.~- o 12- sworn to before me this * near the entrance or driveway entrance of my property, as the area most visible to passerby. Postage Postage Certgied F ~ Postage ~ .;3" Certified Fee m E~3 Re u n Receipt Fee E~ 2l, lZ o Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Reslricted Delivery Fee {Endorsemenl Required) Total Postage & Fees or PO Box NO. ZIP+4 3ohn and Angela Reinertsen Letter to Neighbor's {or Variance Tax Map #1000-98-3-4.1 GLENN McNAB P.O. Box 176 Peconic, NY 11958 Tax Map #1000-98-2-2.1 CAROL SWEDLOW c/o Aronson's 135 West 17 Street New York, NY 10011 Tax Map #1000-98-2-6.1 3AMES MURPHY 42 Kingsbury Road Garden City, NY 11530 Tax Map #1000-98-1-27.1 4170 INDIAN NECK LANE HOLDINGS c/o O'Shea Marcincuk & Bruyn 250 North Sea Road Southampton, NY 11968 · 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 maitpiece, or on the front If space permits. 1. Article Addressed to: D. Isd~lvePjaddmss, Mteml? I'1Ye~ ff YES, enter delivery address below: [] NO r'~ O~r,d~md M~i r"] Ey~M~n~ Mall 4. Ree'a%~d Deliver? ~ F~e) []Ye~ 2. ArtlcleNumber 7007 0710 0003 4733 2712 (~ansfer frorn se~l~ la_ . PS Form 3811, February 2004 Domestic Return Receipt · 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: A. Signature r'l Agent :2 Addressee address different from item 17 If YES, enter delivery address below: [] No 3. Sewi~ 'lype [] Ceffffied Mall [] I~ Mall [] Reglste{ed [] Retum Reselpt for Me.handles [] Insured Mall [] C.O.D. 4. Restricted DelNe~ (J~tta F6e) [] ~ 2. A~tlcle Number PS Form 3811, February 2004 ' Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete Item 4 ff Restricted Delivery Is desired. · Pdnt 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 It space permits. 170 It CI/ ) N¢clc C.lo 260 [] Agent I ~dm~ [] NO [] ~ Mall [] Retum Receipt for Memh~ [] O.O.D, 4. Restricted Delivery? (~c~re Fee) I'1 y~ 2. Article Number, -. (r~sf~r ~r~m sauce ~ 7007 PS Form 3811, February 2004 0710 0003 4733 2699 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUI'HOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name of Applicants) SCTM Panel # 1000. qg-ot q-, / COUNTY OF SUFFOLK STATE OF NEw YORK New York, being duly sworn, deposes and says thal: On the day of "CT"t.t~/~" ,20/~, [ personally mailed at the United States Post Office in , 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 lhe official records on file with tbe (/J Assessors, or ( ) County Kcal Property Office for every property which abuts and is across a publ,ic or private street, 's property. or vehicul~rr fight-of-way of record, surroundi~ the applic~ Swom to before me this / dav~f h,D-.I ~t.1~201% )- CNotary ublic) MARYANA I~RLIKH NO. 01EIR6198432 Nota~ Public, State of New Yod~ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers ~ext to the owner names and addresses for which notices were mailed. Thank you. 82 8O 78 76 74 72 7O 68 66 64 62 ~' 60 ~ 58 ~ 56 ~ 54 '~ 52 ~ 5O .E 48 ,~ 46 '~ 44 ~ 42 4O 38 36 34 32 3O 28 26 24 22 2O STARITE INTELLIPRO VS3050 SET SPEED NOISE DISTANCE FROM PUMP SET SPEED (RPM) Note: This testing was performed on a typical inground pool system The background noise was 45 dB and has already been subtracted out. The system included a cartridge filter, heat pump, valves, tees and elbows The noise above includes all the piping noise and not just the isolated pump. The pump was measured at 3 feet and the other distances are projected by noise formulas FEET , 10 FEET -----¢,~-~20 FEET 30 FEET 40 FEET - 50 FEET 60 FEET ~ 70 FEET 0 FEET S~TE DEVELOPMENT f Front Elevation Scale: 1/8": 1' Plan: LP-01 LOT NUMBERS REFER TO "MAP OF ARRO~HEAD COVE" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JUNE 20, 1963 AS MAP NO. 3810. N REGEWED BOARD OF APPEALS N iND~~°~ LOT 38 u) UNDERGROUNO · FR. HSE. ~ w~zw~ S 88'4P'PO" V ~34,93' (oc~%~,) 135.00' (map) LOT 36 C dwel llnQ ) v S.C.D.H.S. REFERENCE NUMBER RI0-07-0012 SURVEY OF PROPERTY A T PECONIC TOffN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-98-02-03 & 04 SCAI~: 1"=50' JtlNE 2~, 2006 ..~E'P~t"R 2'6, 2006 (LOT COVERAGE) ~A~UARY 22, 2007 (WATER LINE) MAY 22, 2007 (FOUNDA 'I70N LOCATION) u/u~c~ r, 2oII (F~NXL) MAY 14, 2012 e~,top. POOLI LOT COVERAGE HOUSE- 3468/41~15 - 34~.3~1J!' POOL - 934 $~fl. POOLHOUSE¢ PErgOLA - 640 #q. lf TOTA{. 504~ sq. lfo AREA=41,815 SO. Fl'. I am FamiLiar wrth the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SE~/AGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and wl[t abide by the conditions set forth therein end on the permit to construct. The location of weUs and cesspools shown hereon are from field observations and of data obtained from others. AAh" ALT£RAT/ON OR ADDIIION lO FHIS 5URVEY IS A VIOLATION OF SECTION 7cc~9 OF TI~Z hlg~ YOF(K STATE EDUCATION LA~V. EXCEPT AS PER SECT]ON 7~09-SU~D[WS~ON P_. ALL EERTJFJCATION~ HEREON ~ VALH7 FOR THIS HAP AND C~PIES THEREOF ONLY ~EINER TSEN SEN lC. NO. 49618 P£, (631) 765 - ~ FAX,¢631) 765-1797 P, a ~OX 989 0- f 0 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 1197l http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 20, 2012 Platinum Site Development 37 Jerome Avenue Hicksville, NY 11801 RE: ZBA Application #6574, Reinertsen Dear Mr. Caldera: Transmitted for your records is a copy of the Board's July 19, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Prior to applying for your building permit, you must submit for approval and filing two sets of the architectural drawings conforming to the alternative relief granted. 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,(-~-x Vicki Toth Encl. Cc: Building Dept. LtNE FOR PCL NO SEE SEC NO COU 124.1,4' (.map) '"' N .88"42 '80' E 1.84,09' .(actual.) LOT 38 TANK 0 RCA, DRfVEq~A Y $7.1' *(:3 )5:, V ~ V SITE DEVELOPMENT Scale: 1/16" Plan: LP-01 ay: Jason Celdeira Date: 4/15/12 By: Jason Celdelra Date: 5118/12 By: Date: By: Date: By: Date: By: Date: By: Date: By: Date: By: Date: Customer Name: ReJnersten Address: 590 Amowhead Ln City: Pecon[c State/Zip: New York Phone: 718-238-9767 Cell: 917-750-2108 Email: Relnersten@earthllnk, com Alternate Contact: lob #: Designer: Anthony Lauro Address: 373erome Ave State/Zip: New york Phone: Cell: 516-351-2067 Emalh alaum@platinumsdgmup.com Alternate Contact: License #: 41580-H ,S 88'42 'L:'g' 'V 134,93 ' (ec~:uelL 135,,1~" (map) LOT 36