HomeMy WebLinkAbout6580
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 RECEIVED · cD
Tel. (631) 765-1809 · Fax (631) 765-9064 hr_. ~ Q · ~ -
FINDINGS, DELIBERATIONS AND DETERMINATION~ "~[ ~ · ~
MEETING OF AUGUST 16, 2012 $outhold Town f. leS
ZBA FILE: 6580
NAME OF APPLICANT: Francis D'Haene
PROPERTY LOCATION: 8555 Main Bayview, Southold, NY
SCTM# 1000-78-09-48
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: The subject parcel is 103,726 square feet. It is the largest parcel in this
neighborhood. It is improved with a two story frame house with attached decks, frame shed, frame building and the
subject as-built accessory in-ground swimming pool. It has 200 feet of frontage along Main Bayview Road to the
south, 491.79 feet along its eastern property line, 268.71 feet along its rear northern property line and 412.13 feet
along its western property line, as shown on the survey of the parcel dated March 28, 2012, prepared by John T.
Metzger, L.S.
BASIS OF APPLICATION: Request for Variance from Article II1 Code Section 280-15 and the Building
Inspector's May 21, 2012 Notice of Disapproval based on an application for building permit for an "as built"
accessory in-ground swimming pool at: 1) 'as built' in-ground swimming pool is located in a location other than
the code required rear yard.
RELIEF REQUESTED: The applicant requests a variance to maintain an as-built in-ground swimming pool
partially in a side yard where the code requires a rear yard location.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 2, 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 the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. An accessory swimming pool is characteristic of improved
residential parcels and there was no evidence presented that the location and use of the subject as-built accessory
swimming pool in its non-conforming as-built location has or would cause a detriment to the nearby properties.
Page 2 of 2- August 16, 2012
ZBA File#6580- D'Haene
CTM: 1000-78-9-48
The pool is not visible to the street or adjacent neighbors because of and mature vegetation
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 board recognizes and agrees that it would not be
feasible to relocate an as-built in-ground swimming pool, thus requiring the applicant to pursue the variance for its
non-conforming as-built location.
3. Town Law §267-b(3}{b)(3'b The variance granted herein is mathematically substantial, representing 100%
relief from the code. However, approximately 50% of the subject pool is in a non-conforming side yard location
and the areas surrounding the subject pool are well vegetated with mature trees and shrubs which screen the subject
pool from neighboring view.
4. Town Law §267-b(3)(b){4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code.
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 the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an as-built in-ground swimming pool partially in a side yard, while preserving and
protecting the character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and
duly carried, to
GRANT, the variance as applied for, and shown on the survey dated March 28, 2012, prepared by John T.
Metzger, L.S.
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(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
nonconformity.
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Homing.
This Resolution was duly adopted (5-0}.
Approved for filing g //7 /2012
LOT NO.s REFER TO "MAP OF H/GHI4~OOD AT BA YVIEW" FILE// 5547
SURVEY OF PROPERTY
A T BA YVIEF'
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000- ?8-09-48
SCALE: 1~50'
MARCH 28, 2012
~or {~
"E. ~O~T 4 Iti1~1~~
L2'~ S82'19'10"E
0.5'N
1.5'N
/
~or (~
268. 71'
0.4'N
0.6'W
u/c. PROP.
TANK o
POOL
FINAL MAP
REVIEWED BY ZBA
SEE DECISION # [~6~'~)
DATED ~ //@ I.~0/3...
AREA= 103,726 Sq. Ft. or
2.38 Acres
ANY ALTERATION OR ADD/EON TO THIS SURVEY IS A VIOLATION
OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 720g-SUBDIVISION 2. ALL CERTIFICATIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE S/GNA TURE APPEARS HEREON.
NO. 4961~
;.
(631) 765-5020 FAX (6J1) 765-1797
P.O. BOX 909
1230 TRAVELER STREET
sou~oLo, ~. ~. .97~ .~,z-.~,+.~
2"x2" CERAMIC TILE
GUNITE
-3' 4"
+0
N
RECEIVED
JUN I 3 201~'
BOARD OF APPEALS
D'HAENE LI
8555 MAIN BAYVIEW ROAD
SOUTHOLD
NEW YORK 11971
REVISIONS
POOL SECTION
TDT
.....^ 0.0.0
TO:
RECEIVED
FORM NO. 3
NOTICE OF DISAPPROVAL
BOARD OF APPEALS
DATE: May 21, 2012
Francis D'Haene
c/o Suffolk Environmental Consulting
P.O. Box 2003
Bridgehampton, NY 11932
Please take notice that your application dated May 15, 2012:
For permit for "as built" accessory in ground swimming pool at:
Location of property: 8555 Main Bayview Southold, NY
County Tax Map No. 1000 - Section 7_~8 Block 9 Lot 4~8
Is returned herewith and disapproved on the following grounds:
The "as built" accessory in-ground swimminE pool, on this conforming lot in the R-40
District, is not allowed pursuant to Article III, Section 280-15, accessory buildings and
structures, shall be located in the required rear yard, survey shows "as built" in-ground
swimming pool partially in the side yard.
orized Signatur~'-~
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.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
House No.8555 Street Main Bayview Road Hamlet Southold
RECEIVED
SCTM 1000 Section 78 Block9 Lot(s)_48
Lot Size 2.38 acres Zone R-40
1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED May 21,2012 BASED ON SURVEY/SITE PLAN DATED May 15, 2012
Applicant(s)/Owner(s): Francis D'Haene
Mailing Address: 8555 Main Bayview, Southold, NY
212 965 1077 xll
Telephone: Fax: Email:
NOTE: In addition to the above, please complete below if application is signed by applicant's atiorney, agent,
architect, builder, contract vendee, etc. and name of person who agent represents:
Name of Representative: James Laird for[~Owne~Other:
Address: P.O. Box 2003, Bridgehampton, NY, 11932
Telephone: 631-537-5160 Fax: Email: James. F.Laird@gmail.com
Asecheck to specify who ),our~h correspondence to be mailed to, frOnr~e above names:
pplicant/Owner(s), ] ~/IAuthorized Representative, U Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED May 21, 2012 and DENIED AN APPLICATION DATED May 1§, 2012
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: m Section: 28o-ls Subsection:
Type of Appeal. An Appeal is made for:
[~A Variance to the Zoning Code or Zoning Map.
B A Variance due to lack of access required by New York Town Law- Section 280-A.
Interpretation of the Town Code, Article Section
[~Reversal or Other
A prior appeal [] has, [] has not been made at any time with respect to this property,
UNDER Appeal No(s). 2341 Year(s). 1917 . (Please be sure to
re,search &~/ore completing lhi.s question or call our off~ce for assi,slance)
REASONS FOR APPI!;AI, (additional sheet~ ma,r bt! used vith preparer s signantre)
IRt: 1 l lRl lAt'E RIL ISONS: BOARD OFAPPF. JU~ ,
(1) An undesirable change ~ill not be produced ill the (HAR.A(71'I,[R of the oeighborhood or a
detriment to neath3 properties it' granted, because:
Although in technical violation of the zoning law, the existence of the pool relative to the
attached deck causes no harm to any adjacent property.
I,2) l'he benefit sought by tile applicanl CANNOT be achieved by some method feasible lb,' the
applicant to pursue~ other than an area variance, becanse:
The benefit to the applicant is the continued use and enjoyment of the pool relative to the
attached deck. Given that the pool and deck are already installed, the only reasonable
alternative available to the applicant is to pursue this variance.
(3) The amount of relief requested is no! substantial becaose:
The requested relief is merely to rectify a technical violation of the zoning law. The pool
complies with minimum side and rear lot line setbacks.
(4) The xariance will NOI have an adverse efl~!et or impact on the physical m' environmental conditions
in thc ncighborhoml or district because:
The pool has existed harmoniously on the property for many years, and has not been
detrimental to the district or neighborhood in any way.
(5) Ilas the alice, ed difficult) beeu self-created? ]'~'1'~ es, ur [~)No.
Are there ( ovenams and Restrictions coucerning this laod: ~'1 No. [~]Yes (tde,,se ti,,'nL, h oeec).
This is the MINIMUM lhal is necessar3 and adequate, and at the same lime preserve and protect Ihe
charaeler uf the neighborhuod and the health, safely, and ~eltS~re of tile communily.
('hec~ th& box ~ IF ~ [~rXE I;IRLIN('I:' IA' BI;lNG REQL'IfSI'ED. /IND PI.F~L~I( (~MPI. ETE TIlE
..11'~ I CItED [ SJF } ~ 4RI. I~V('E SIlEET: (Please he ~ure to rIon*ult raut~tttorne~
MaUhew D. Ivans
Not~ry P~iJc of N~w York
No 01]V6053859
Qualified in S~¢ldk County ~
Commission Expires January 22, 20 1 ~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:James F. Laird- Suffolk Environmental Consulting, Inc. Date Prepared: 6/12/12
1. For Demolition of Existing Building Areas
Please describe areas being removed: N/A
RECEIVED
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: N/A
Dimensions of new second floor: N/A
Dimensions of floor above second level: N/A
Height (from finished ground to top of ridge):N/A
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: N/A
111. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: N/A
Number of Floors and Changes WITH Alterations: N/A
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 14146 square feet 3245.61 square feet incluOing pool and decks
Proposed increase of building coverage: 0
Square footage of your lot: 103,726 square feet
Percentage of coverage of your lot by building area: 1.36% or 3.13%
V. Purpose of New Construction: There is no new construction. Applicant proposes to legalize the already
existing pool.
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):
70% of the land is fiat or less than 5% slope. 30% of the land is wooded.
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 bc altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
Is the subject premises listed on the real estate market for sale?
J-~Yes ]-~No
Are there any pror.p_~als to change or alter land contours?
]-~_No ~[Yes please explain on attached sheet.
RECEIVED
l .) Are there areas that contain sand or wetland grasses?
2.) Are those areas shown on the survey submitted with this application? N/^
3.) IS the property bulk headed between the wetlands area and the upland building
area?
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? N/^ Please confirm status
of your inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? 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 If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe: Nih
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel?
If yes, please label the proximity of your lands on your survey.
Please list present use or operations conducted at this parcel Single Family
and the proposed use Single Family with Pool
. (ex: existing single family, proposed: same with
garage, pool or other}
~gnature~///~ ~//~7.
PROJECT ID NUMBER
PART 1 - PROJECT INFORMATION
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicant or Project Sponsor)
2, PROJECT NAME
D'Haene Property
co.., Suffolk
SEQR
RECEIVED
JUN ! ~
BOARD OF APPEAl
1. APPLICANT / SPONSOR
Suffolk Environmental Consulting, Inc.
3.PROJECT LOCATION:
Town of Southold
Municipality
4 PRECISE LOCATION: Street Addess and Road Intersections. Prominent lancimarks etc- or orovide mad
8555 Main Bayview Road, Southold See Location Map for Specifics
IS PROPOSED ACTION: [] New [] Expansion J--'-~Modiflcation t atieration
6~ DESCRIBE PROJECT BRIEFLY:
Applicant proposes to legalize the already existing pool on the property. Please refer to the
attached survey for further specifications.
?. AMOUNT OF LAND AFFECTED:
...... Initially 2.38 acres Ultimately 2.38 acres
8. VVlIL PROPOSED ACTION COMPLY W1TH EXISTING ZONING OR OTHER RESTRICTIONS?
r-]Yes [] NO If no, describe briefly:
The already extant pool does not comply with the amount of side yard required by Town Code
9 WHAT tS PRESENT LAND USE IN VICINITY OF PROJECT? (Chooee as many as apply.)
r~--'lResiaential [~],ndustrial r~Commemia, DAgriculture F~ Park / Forest / Open Space []Other (desr~be)
'JO. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY O~-IER GOVERNMENTAL
AGENCY (Federal, State or Local)
]Yes [~No E yes, list name and /
agency
permil
approval:
Southold Town Building Permit and Certificate of Compliance
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[]Yes E~No if yes, list agency name and permit /
approval
~.l.AVes RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
Applicant I Sponsor '~
~ If the action Is a Costal Area, and you are a state agency,
· complete the Coastal Assessment Form before proceeding with this
PART II - IMPACT ASSESSMENT (1'o be completed bY Lead Agency)
A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6t7.47
['~ Yes I'~1 No
RECEIVED
,ii ~
BOARD OF APPEALS
It yes. coordhlale the review process and use the FULL EAF.
B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
[~Yes [~lNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal.
potential for erosion, drainage orifoodlng problems? Explain b~efly:
C2 Aesthetic, agricultural, archaeoioglcal,'historic, or other nateral ~ cullural resource~'i"~ ~o~munity or neighbol~;n~ ch;;~-actsr? ExPlain bdefly:
c3 Vegetation or fauna, fish. shallf~h or wildlife species, NgrlJifcant habitats, or threatened or endsngered species? E~i~[~ b~l~yi
04. A corn munily's existing plans or g;eis a$~l~ ~dop~. o~ a chahge in use or intenr~y DiOde of iand or other natural res(~[~ ~ih briefly:
C5. Growth, subsequent development, or related activities likely to be Induced by th~"l~'~ ;ction? EXplain
C6. Long te~m, short term, cumulative, or other elf~cts not Ideotlr~d in Cl-C5;~
/
I
C7. Oiher i~'acts llncludi~ chen~es in use of either (~ua~'~ i~ of e~e~r'~ Explain
D, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)? (if yes, explain briefly':
E IS THERE, OR IS THERE LIKELY TO SE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONblENTAL IMPACTS? If yes exp s I1
PART III. DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: F~reacJ3adversee~ectidenti~edab~ve~determinewhetheritlas~bstantia~~~arge~impOr1ant~r~therWisesignifi~ant~ Each
effect should be assessed in connection with its (a) setting (i.e. urban Or rural); (b) probability of occurring; (c) duration; (d) irreversibili(y; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference sapporting materials. Ensure that exptanatioes 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 pox if you have Idenlffied one or more potentially large o~ significant adverse impacts which MAY occur. Then proceed directly to the F UL L
EAF and/or prepare a positive peclsret~ec,
Check this box if you have determined, based on the information and analysis above and any suppottiog documentation, thel the proposed actlor
WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppo~ng thi,~
determination.
Name of Lead Agency
Date
Title of Responsible Oft'~cer
Print or Type Name of Responsible Officer in Lead Agency
signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer)
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
~OARD OF APPEALS
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500feet of a farm operation located in agricultural district. All applications requiring an agricultural data
statement must be referred to the Suffolk Count}, Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
l ) Name of Applicant: James F Laird - Suffolk Environmental Consulting, Inc
2) Address of Applicant: PO. Box 2003, Bridgehampton, NY, 11932
3) Name of Land Owner (if other than applicant): Francis D'Haene
4) Address of Land Owner: ss5s Main Bayview Road, Southold, NY, 11971
5) Description of Proposed Project: Applicant proposes to legalize the existing pool on his property.
6) Location of Property (road and tax map number): 8s5s Main Bayview Road, Southold, NY 1000 78 - 09 - 48
7) Is the parcel within an agricultural district?~']No [--]Yes lfyes, Agricultural District Number
8) Is this parcel actively farmed? [~No [~Yes
9) Name and address of any owner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Prope~y Tax System.
Name and Address
(Please use back side of page if more than six property owners are identified.)
The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at
765-I 938 or the Zoning Board of Appeals at 765-1809.
fg~ature of Applicant -- Date
Note:
I. Thc local hoard will solicit comments from the ownem of land identified above in order m consider the etlkct of the proposed action
on their farm operation. Solicitation will be made by supplying a copy of this statement.
2. Comments returned to the local board will be taken into consideration as pan of thc overall review of this application.
3, Copies of thc completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the prope~ owners
identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cannot be acted upon by thc board.
1-14-09
q~[ APPLICANT RECEIVEDb,~)
NSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT) ~U!,J I ~2~ 20!)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of To,3~nOo~e~ APPEALs
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME: Laird, James, F.
(Last nmne, first name, middle initial, unless you ale applying in the uame
of someone else or other entity, such as a company. If so. indicate the
other person or company name.)
NATURE OF APPLICATION:
Tax Grievance
Variance
Special Excepi~on
If "Other",
name the activity.
(Check all that apply.)
Change of Zone
Approval of Plat
/
Exemption from Plat
or Official Map
Other
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 [ J NO {. ~/ l
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
I
[
I
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
I D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this ~ day of
Signature: ~ x. ~-,
Pnnt Nam~' _~- ,_ ,~..*. 1~'.
APPLICANT
SACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
0 RECEIVED
J~OARD OF APPEALS
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town omcers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOUR NAME: D'Haene, Francis
(Last name, first name, middle initial, unless you ale applying in the name
of someone else orother entity, such as a company. If so, indicate ~he
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance
Special Excep~on
If "Other",
name the activity.
Change of Zone
Approval of PlatL
Exemption from Plat
or Official Map
Other
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 l I No l W' I
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
[
1
I
J A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
l 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
Submitted this da..y o~f
Signature:.:~-~z~x--~:~- -~--~
Print Name: '~ I
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 mom 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
78 9 48
SCTM# -
The Application has been submitted to (check appropriate response):
TownBoard ~ Planning Dept. ~ Building Dept. ~] Board of Trustees []
1. Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction) [---]
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
The applicant proposes to legalize the currently extant pool on his property.
Location of action: 8555 Main Bayview Road, Southold, NY
Site acreage: 2.38 Acres
Present land use: Residential
Present zoning classification: R-40
RECEIVED
~OARD OF APPEALS
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant: Suffolk Environmental Consulting, Inc.
(b) Mailing address: P.O. Box 2003, Bddgehampton, NY, 11932
(c) Telephone number: Area Code ( ) (631) 537-5160
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [~ No [] lfyes, which state or federal agency?.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Sonthold 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 Ill - Policies; Page 2 for evaluation
criteria.
~ Yes [~ No [] Not Applicable
The property is not a waterfront property.
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria
[-~ Yes ~-~ No [] Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria RECEIVED
[~ Yes [-~ No[--~ Not Applicable I_N 13 2[}]~'¢~
The pools location in the rear yarct screens it from public view.
BOARD OF APPEALS
Ai~ach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[-~ Yes [~ No [] Not Applicable
At~ach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill
- Policies Pages 16 through 21 for evaluation criteria
[-~ Yes [~ No [] Not Applicable
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
Attach additional sheets if necessary BOARD OF APPEALS
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
[] Yes []Noel Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
~] Yes ~ No ~ Not Applicable
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.
Ye~ No ~=] Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
~--~Yes ~ No V~ Not Applicable
BOARD OF APPEAL,~
AiXach 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
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies; Pages
62 through 65 for evaluation criteria.
~"~Yes ~ No~ Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
[~Yes [] No ~'] Not Applicable
Created on 5/25/05 11.'20 AM
Q Town of Southold
.... BOARD OF APPEALS
Erosion, Sedimentation & Storm.Water Run-off ASSESSMENT FORM
SCOPE, OFVq(JRK - PROPOSEI) C¥)NSTRUCiION ITEM ii / WORKASSF.,SSMENT I Yes No
a, WhattstheTot~A~eo~fhePmjectPatce~? I Ve'qllthtsPro/~ctRe~A~Stom-~WaterRurrOff
(Inc~JdeTotalAmaota~Pafce~kx:eted~ 1.02 acres ~ by a Two (2') l~:~ Ratnfali on Site?
b~ Whatls~To~tAreaofLandC~ ~sv ;~,,o~ ~itemwtll~allrun-offcreatedbys~m X
PROVIDF, BlffEI: PROJFXTr DESCRIPTION ~***~ ~~l~tze&Locago~?This
Applicant proposes to legalize the already existing
)oo1 on their property. For project specifics please 30o~SIt~l~n~s~,,~e~en~
~ee the attached survey.
4 Will ~ ~ Require ~wE ~ F~, ~ or
otMe~ within ~ Pe~ce~
~q A']~E OF NEW YORK, SUFFOLK
James F. Laird
II~a I Suffolk Environmental Consulting, Inc ~mg duly s~m, ~s ~d ~ d~t ~she is d~e ~pl~t f~)r Pem~it,
AGENT
And that he/she is
Owner ~or ~'ep~sema~ of fl~e ()~cr or O~)e~, ~ i~ duly aud~o~d to
m~e ~d file fl~is applicz~on; t}~l ~l s~mem* tx.~ned in d~[s appli~fi~l a~e ~e to *he ~ (ff his kno,,~edge and ~lieE and
~hat ~he wo~k wi?~ ~. i~t%t med in tl~e manne~ set f~.fl~ m ti~e aH~licafion filed lw~4~h,
FORM - 0~10
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003~ Bridgehampt0n, New York 11932-2003
(631) 537 5160
Bruce Anderson, M.S., President
Jmm 12, 2012
HAND DELIVERED
Fax: (631) 537-5291
p~c~IVEO
BOARD OF APPEAt.S
Ms. Leslie Kancs Wcisman, Chairt)crson
Soufl~old Town 7xming Board of Appe~s
P.O. Box 1179
Soufl~old, NY, 11971
Rc:
Situate:
SCTM#:
D'HAENE Property
8555 Main Bayview Road, Southold, NY, 11971
1000 -78 - 09 - 48
Dcm' Board Mcmbcrs,
Tiffs Finn represents Mr. Frm~cis D'Hacnc, omlcr of tim above referenced property, who is
seeking vafim~cc relief lo lcffalizc tile already extant pool on his propcriy. In that fl~c as tmilt
accessory in-ground swimming pool is partially in the side yard, variance relief is required.
Accordingly, please lind ofi~,4nals rout nine (9) copies ora complete applications package
containing file following items:
1. Town of Sou(hold Building Deparanent Notice of Disapproval, last dated May 21,
2012;
2. Town of Sou(hold Zo~fing Board of Appeals Application;
3. Town of Sou(hold Zoning Board Questionnaire;
4. Agricultural Data Statement;
.5. Applicant's Project Description;
6. Tovm of Soufl~old Short Environmental Assessment Form;
7. Town of Southold Local Waterfront Consistency Review Assessment Form;
8. Town of Sou(hold Erosion, Sedimentation & Storm-Water Run-Off Assessment
Form;
9. Copy of Approved Variance for an Accessory Structure; daled October 13~ 1977
BOARD OF APPEALS
10. Town of Southold Certificates of Occupancy for existing house and accessory
structures
l 1. Town of Southold Property Record Card;
l ~2. Owner's Endorsement sighted by Fr~mcis D'Haenc stating dlat Suffolk l,~nvironmcnl',d is aulhorizcd lo act as his Agcnl.
13. Transactional Disclosure Forms for both Fr~mcis 1)'Hacnc m~d his agcnt, Jmncs F.
l~r(l
lit. Photos of die subjcc! l~ropcrty;
15. Location Map of subjccl property;
16. Cross Section Plans for thc Pool dated prcparcd by D'Apostrophc Dcsig~ lnc.,
dalcd June 8, 2012;
17. Survey of subjcc! prol)erty; prepared by Jolm Melzger on March 28, 2012
18. Check made payahlc to thc Town of Soufllold to covcr Ihe requisile applicalion
l~e.
Kindly commence the review of tile enclosed application submissi(m ~md schedule thc matter
the ncxl availablc hcaring date. Should you have m~y questions or conccms, plcasc feel frcc to
conlacl tiffs office. Thank you as Mways lbr your allcnlioI~ m~d considcralion.
Sincerely,
atlached
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, BT. Y.
BOARD OFAPPEALS
Certificate Of Occupancy
No.. Z!$!8~1.. Date .............. &pr$[.. il.. , 19.
THIS CERTIFIES that the building located at . I~/;B. B&~y .¥ie~. Re~t ...... Street
Map No...~Q;. ...... Block No ~ ..... Lot No ..... X.~ .... 3et~the~.& ... N.o~ o ....
conforms substantially to the Application for Building Permit heretofore filed in this office
dated ......... Sept...30. , 1g.68. pursuant to which Building Permit No.
dated ......... Oct...], ..... , 19.68., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is ... Pr$¥at~ · e~te .fam$.ly. dwellS, nj .....................................
The certificate is issued to . .P&u~ .ltul~®r ......... 0~ner .....................
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval .NEY-,-.18 .... 19~O.. by- .R ..
~.... ' 8[;~; ../~"~(.. L.....~.~..~..~.,.r...~m/~.
Building Inspeet~
FDRM NO. 4
TOWN OF SOUTHOLD
BUILDING DEP~T~NT
Office of the Suilding Inspector
Town Hall
Southold, N.Y.
RECEZVED
~30ARD OF APPEALS
CERTIFICATE OF OCCUP~/~CY
No: Z-26675
Date: 09/10/99
THIS CERTIFIES that the building ACCESSORY
Location of Property: 8555 MAIN BAYVIEW ROAD SOUTHOLD
(HOUSE NO.) (STREET) (HAI~LET)
County Tax Map No. 473889 Section 78 Block 9 Lot 48
Subdivision Filed Map NO. __ Lot No. __
conforms substantially to the Application for Building Permit heretofore
filed in this office dated MAY 13, 1975 pursuant to which
Building Permit No. 7927-Z dated MAY 14, 1975
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is ACCESSORY STOP3%GE BUILDING AS APPLIED FOR.
The certificate is issued to PAUL & JEANNE HUNTER
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEP~/{T~NT OF HEALTH APPROVA3~
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
N/A
N/A
N/A
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEP~RT~NT
Office of the Building Inspector
Town Hall
Southold, N.Y.
RECEIVED
BOARD OF APPEALS
CERTIFICATE OF OCCUPANCY
No: Z-26676
Date: 09/10/99
THIS CERTIFIES that the building ACCESSORY
Location of Property: 8555 MAIN BAYVIEW RD $OUTHOLD
(HOUSE NO.) (STPd~ET} (HA24LET)
County Tax Map No. 473889 Section 78 Block 9 Lot 48
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated SEPTEMBER 14~ 1977 pursuant to which
Building Permit No. 25990-Z dated SEPTEMq~ER 9, 1999
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The Occupancy for which thLs certificate is issued
is ACCESSORY STOPPAGE BUILDING AS APPLIED FOR "AS BUILT" & AS PER ZBA #2341
DATED 10/13/77.
The certificate is issued to pAUL & JEANNE HUNTER
(O~ER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HE~TE APPROVAL
ELECTRICAL CERTIFICATE NO.
PLU~4~ERS CERTIFICATION DATED
m/A
N/A
N/A
Rev. 1/81
OWNER'S ENDORSEMENT
(TO BE SIGNED IF APPLICANT IS NOT OWNER)
REC~IVED
ROARD OF APPEALS
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
Francis D'Haene
being duly sworn, deposes and says; I reside at:
392 Broadway Apt 3R New York, NY, 10013
In the County of Manhattan and the state of New York , and I am
the (owner in fee) (officer/agent of the Corporation which is owner in fee) of the
premises described in the foregoing application and that I have authorized.
SUFFOLK ENVIR O NME~NTAL C O N S UL TING t INC.
to make the foregoing application as described herein.
Signature
Signature
If Corporation, name of corporation and Officer
Officer's Title
Before me, this 8/'A day of
- 'J't ~e~ ,2012
1977
Ap~ No. 2341 D,ted September 22, 1977
ACTION OF THE ZONING BOARD OF APPEAL~OFT~IETOWNOPSOUTHOLD
TO Paul Hunter
Main Bayview Road
Southotd, NY 11971
Appellant
at a mee~ng of the Zoning Board of Appeals on October 13, 1977
( )
the appeal
RECI~IVED
BOARD OF APPEALS
1. SPECIAL EXCEPTION. By ~l~ion of ~e Board ~ was d~ermin~ th~ a special exception ( ) be
gra~ed ( ) ~ de.ed pursuit to Artic~ ................... Section .................... Subsection .................... para~aph
.................... of the Zon~g Ordnance and the d~lsian ~ the BuiM~g I~pector ( ) ~ reversed ( ) be
co~m~ b~ause 9:30 P.M. (E.D.S.T.) upon application of Paul Hunter,
Main Bayview Road, Southold, New York for a variance in accordance
with the Zoning ordinance, Article III, Section 100-32 for permis-
sion to construct accessory building in front and side yard area.
Location of property: North side Main Bayview Road, Southold, New
York, bounded on the north by Highwood Subdivision; east by C.
Colombo; south by Bayview Road; west by J. Krepp & wf.
SEE REVERSE
(b) The hardship created (is) (i~ not) unfque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the ~ame use district because
SEE RE~ERS E
(c} The variance (does) (does not) observe the spirit of ~he Ordinance and (would)
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted
that the previous decisions of the Building Inj~cto~ ( ) be confirmed ( ) be reversed.
~ONING BOARD OF APPEALS
FORM
ZB4
) he denied and
After investigation and inspection, the Board finds that
the applicant requests permission to construct accessory
building in front and side yard areas, ~orth side Main Bayview
Road, Southold, New York. The findings of the Board are that
the Board is in agreement with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
~roperties alike in the immediate vicinity of this property and
· n the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
THERI~FORE IT WAS RESOLVED, Paul Hunter, Main Bayview Road,
Southold, New York, be GRANTED permission to construct accessory
building in front and side yard area, north side Main Bayview
Road, Southold, New York, as applied for, subject to the following
condition:
The. outbuilding shall be no closer than 35' to Main
Bayview Road.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis, Doyen.
RECEWED
;IOARD OF APPEALS
TOWN OF SOUTHOLD PROPERTY RECORD CARD
/~n r~- 7£- ?-~'2
OWNER '~ STRE~ %5-.5.5- V,'LAGE D,ST.SUB. _.~LO~
W , ~PE OF BUILDING
~N ~ IMP. TOTAL DATE RE~R~S
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Ac re
Tillable FRONTAGE ON WATER
Wo~land FRONTAGE ON ROAD
Total ~' ~ DOCK
COLOR
BOhR0 01:
TR1M
M, Bldg.
Exteneion
Extension
Extension
Porch
Garage
Foundation
Basement
Porch ~ Ext. Walls
Breezeway Fire Place
Type Roof
Recreation Room
Total
Dormer
Bath
Floors
Interior Finish
Heat
Rooms Ist Floor
Rooms 2nd Floor
Driveway
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
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
June 14, 2012
Zoning Appeal No. 6580
Transmitted herewith is Zoning Appeals No. 6580 of James Laird for Francis D'Haene- the
Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's
Project Description, Questionnaire, Sho~t Environmental Assessment Form, Agricultural Data
Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Erosion,
Sedimentation & Storm-Water Run-off Assessment Form, Two Page Cover Letter from Suffolk
Environmental Consulting dated June 12, 2012Copy of Certificate of Occupancy No. Z4181
Private One Family Dwelling Dated April 1, 1971, Copy of Certificate of Occupancy No. Z-
26675 for Accessory Storage Building Dated September 10, 1999, Copy of Certificate of
Occupancy No. Z-26676 for Accessory Storage Building as Applied for Dated September 10,
1999, Authorization Letter from Francis D'Haene to Suffolk Environmental Consulting to
Represent Him in this Matter, Two Page Copy of Action of the Zoning Board of Appeals No.
2341 Dated September 22, 1977, Three Pages of Photos of Swimming Pool, Copy of Google
Map and Tax Map, Two Pages of Property Record Card, Copy of Notice of Disapproval fi.om
Building Department Dated May 21, 2012, Copy of Site Plan Dated June 8, 2012 Prepared D
Apostrophe Design, Inc., Copy of Survey Showing Property as it Exists Dated march 28, 2012
Prepared by Peconic Surveyors.
OTown of Southold
P.O Box 1179
Southold, NY 11971
Date: 06/14/12
Transaction(s):
1 1
* * * RECEIPT * * *
ZBA Application Fees
Receipt'8: 135437
Reference Subtotal
6580 $500.00
Cash#: 0921
Total Paid: $500.00
Name:
Dhaene, Francis
8555 Main Bayview Road
Southold, NY 11971
Clerk ID: CAROLH Internal ID: 6580
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 6-14-12
ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP
6580 D"HAENE, FRANCIS 0921 $500.00 REC£1VED
JUN ! 4 20~
$o~thold Town Clerk
TOTAL $5oo.oo
Sent via Inter-Office to Town Clerk by:
Thank you.
ES
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · RO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.north fork.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, AUGUST 2, 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, AUGUST 2, 2012:
11:15 A.M. - FRANCIS D'HAENE #6580 - Request for Variance from Article III Code
Section 280-t5 and the Building Inspector's May 21, 2012 Notice of Disapproval based on
an application for building permit for an "as built" accessory in-ground swimming pool
at: 1) 'as built' in-ground swimming pool is located in a location other than the code
required rear yard, located at: 8555 Main Bayview Southold, NY SCTM#1000-78-9-48
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by email:
Vicki.Toth~,Town. Southold.ny.us
Dated: July 9, 2012
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:
D'HAENE, FRANCIS # 6580
SCTM #:
1000-78-9-48
VARIANCE: LOCATION
REQUEST: "AS BUILT" INGROUND SWIMMING
POOL
DATE: THURS., AUG. 2, 2012
1 1:15 AM
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 bus,ness days between 8 AM and 3 PM. ZONING
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
July 9, 2012
Re: Town Code Chapter 55 -Public Notices for Thursday,August 2, 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 July 16m:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If
you know of another address for a neighbor, you may want to send the notice to that address as
well. If any letter is returned to you undeliverable, you are requested to make other attempts tn
obtain a mailing address or to deliver the letter to the current owner, to the best of your ability,
and to confirm how arrangements were made in either a written statement, or durinq thn
hearing, providing the returned letter to us as soon as possible;
AND not later than July 23rd: Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the
green/white receipts postmarked by the Post Office. When the green signature cards are
returned to you later by the Post Office, please mail or deliver them to us before the scheduled
hearing. If any envelope is returned "undeliverable", please advise this office as soon as
possible. If any signature card is not returned, please advise the Board during the hearing and
provide the card (when available). These will be kept in the permanent record as proof of all
Notices.
2) Not Later July 25th.' Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (it is the applicant/agents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not more than
10 feet from the front property line bordering the street. If you border more than one street or
roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your
Affidavit of Posting for receipt by our office before July 31, 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.
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
mencing on the
said Newspaper once each week for 1 week(s), successfully corn __
26th dayof July, 2012.
/
Principal Clerk
Sworn to before me this
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY AUGUST 2, 2012
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 heatings
will be held by the SOUTHOLD TOWN
ZONING BOARD OF APPEALS at the
Town Hall, 53095 Main Road, i~O. Box
1170, Southold, New York 11971-0959, on
DAY :
Carryover Hearings, continued £rom
prior meetings and pending additional in
formation:
Adjourned from Public Hearing Jul}
5, Z0~2
10:00 AM. - ALfiaN FIDELLOW -
~578
10.20 A.M. - MURRAY GAYLORD
/ff~585 - Request for Variances from Ar-
ticle XXII Code Section 280-116(B) and
Article XXIII Section 280-124 based
on an application for building per, nit
and the Building Inspector's June 21,
2012 Notice of Disapproval for demoli-
tion and reconstruction of single fam-
ily dwelling, at; 1) less than the code
required bulkhead setback of 75 feet,
2) less than the code required minimum
side yard setback of 15 feet, 3) less than
the code required rear yard setback of
50 feet, located at: 765 Beechwoed Road
(adj. to Great Pecouic Bay) Cutchogue,
NY. SCTM#1000-116-4-20.1
10:.40 A.M~ - BREWER YACHT
YARD ~ GREENPORT. INC. ff6581 -
Request for Variance from Article XXll
Code Section 280-116(B) based on an
application for building permit and the
Building Inspector's May 24, 2012 Notice
of Disapproval concerning permit to de-
molish and construct a boat storage and
office/storage building, at; 1) proposed
structures at less than the code required
bulkhead setback of 75 feet, located at:
141g Manhasset Avenue (adj. to Sterling
Creek and Sterling Basin) Greenpert,
NY. $CTM#1000-36-1-1
lls15 A.M. - FRANCIS D'HAENE
g6580 - Request for Va:lance from Article
Iii Code Section 280-15 and the Build-
ing Inspector's May 21, 2012 Notice of
Disapproval based on an application for
building permit for an "as built" acoes
sory in-ground swimming pool at: 1) 'as
bu[h' in-~ound swimming pool is located
in a location other than the code required
rear yard, located at: 8555 Main Bayview
Southold, NY SCTlvI#1000-78-948
11'30 A.M. - VINCENT and EILEEN
FLAHE~ - Request for Vari
ances from Article XXII Code Section
280-116 and Article llI Code Section 280-
15 based on an application for building
permit and the Building Inspector's April
30, 2012 Notice of Disapproval concern-
ing permit to construction additions and
alterations to a single family dwelling,
at: 1) proposed construction at less than
the code required bulkhead setback of
75 feet, 2) upon construction accessory
garage will be located in other than the
code required rear yard, located at: 470
Inlet Way (adj. to Faithaven Iulet,~ll~e In
let and Little Peco6ic Bay) Southo}d. NY.
SCRM#1000-92-1-8
11:50 A.M. CDRISTOPI~ER M.
family dwelling at, (1) less than the code
Boy Blvd. (adj. to Private ROW). Laurel,
2012.
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01V06105050
Quollllecl in Suffolk County
'~30 P.M.- COLLEEN Mc. DONG UGH
~ - Request
for Variance from Article III Code Section
280-15 based on an application for building
penult and the Building Inspector's May
15,207 Notice of Dbapproval concerning
pern~t to construct accessory garage, at: 1 )
accessory garage will be located in other
than the code requixed rear yard, located
at: 27752 Main Road (Robin Road) Ori-
ent, NhL SCTM#1000-18~-21.8
The BOard of Appeals will hear all per-
sons or thei~ representatives, desiring to be
heard at each hearing, and/or desiring to
submit wvitten statements before the con-
clusion of each hearing. Each heating will
not start earlier than designated above.
Files are available for review during regu-
lar business hours and prior to the day of
the hearing, lI you have questions, please
contact our office at, (631) 765-1809, or by
Dated:July 10,2012
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 11971-0959
10,788 1T 7/26
TOWN OFSOUTHOLD
ZONING BOARD OFAPPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
(05I o
AFFIDAVIT
OF
MAILINGS
(Name of Applicants)
SCTM Parcel # 1000- '7~ q - ~s>
COUNTY OF SUFFOLK
STATE OF NEW YORK
New York, being duly sworn, deposes and says that:
On the /~//'~ day of ~ ~ ,20/~-, I personally mailed at the United
States Post Office in J:P~./~,,97/:~ , New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners s/hown on the current assessment
roll verified from the official records on file with the ('-~ Assessors, or ( ) County Real
Property Office for every property which abuts and is across a public or private street,
or vehicular right-of-way of record, surrounding the applicant's property.
(Signature)
/ ~S 5~r~ ot~ ~f°r~ me this
/(Notary Public)
,
Notar~ $:, York
Ot, slJfieo r ,,uunty
PLEASE list on the back of this Affidavit or on a sheet of paper, the lot nmbers next
to the owner names and addresses for which notices were mailed. Thank you.
D'HAENE ADJACENT PROPERTY
OWNERS
ZBA
1000-78-9-48
78.-9-47
Roman J Wilinski
Catherine M Lipinski
750 Hi§hwood Rd
Southold, NY 11971
78.-9-49
Jenny Kaplan
755 Highwood Rd
Southold, NY 11971
78.-9-61
ChristopherE Junda
PO 8ox1328
Jamespo~, NY 11947
78.-9-60
Peter R Dooley
Dooley Luzviminda R
495 Victoria Dr
Southold, NY 11971
87.-5-23.10
Marie Jones
8516 Main Bayview Rd
Southold, NY 11971
78.-9-36
Arthur T Hubbard
Carla Hubbard
805 Private Rd #21
Southold, NY 11971
78.-9-80
John M. Richardson
Mary Sue Richardson
49 West 71st Street
New York, NY 10023
87-5-23.2
Russell Hillman
8340 Main 8ayview Rd
Southold, NY 11971
Postage $
Cerlffied Fee
Return Receipt Fee
(Endorsement Required)
Restricted Deliver'/Fee
(Endorsement Required)
Total Postage & Fees
or PO Box No.
ZIP+4
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
$
$2.;
$
or PO'Box'No,'*
L
ZIP+4
or PO Box No.
ZIP+4
r~_ Postage $
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
JUL 1"§"2012
If YES, enter dellv~y address below: [] NO
Peter R Dooley
Luzviminda R. Dooley
495 Victoria Dr
Southold, NY 11971
[] C.O.D.
4. Re.toted D~ivee/? ~ra Fee) r'l yes
Ps Form 3811, February 2004
7011 0470 0000 6798 4305
Domestic Retum Receipt /~/,,,~ 1~*M-IB40
· ~ Items 1, 2, and 3. Al~o complete
Item 4 If R~ Dellvey Is dmlmd.
· I~lnt your neme and address on the reverse
so that we can return the card to you.
· Atta~ tflb card to the back of the mailpiece,
or ~ the front If ~pa~e pe~mlt~
SoutholCl, I~ 11971
D. fl~11 Item 17
, addmea I:)elow: nNo
Ps Fern 3811, Fe~uay 20O4
7011 0470 0000 6798 4282
Domesflo Retum ReOelpt J~'
· Oc~l~ete rams !, 2, and 3, Also complete
~em 4 ff Restated D~ha~y b deaked.
· Print your name and address on the reveme
so that we ~an return the c4ud to you.
· Atla0h this eerd to the ba~k of the mallplece,
Carla
805 ~¥ate
D. la dalbee/addm~ ~m 17
If YES, ente¢ dellv~y address below: [] No
7011 0470 0000 6798 4329
ao that we can retum the card to you.
PO Box 1328
jambox,a, NY
C. Date of Delive~7
D. I,, de~ Item 17 DYes
If YES, enter d~lvmy address below: [] No
IMall 0 E~x~ea Mail
t~ ReO~ D R~um Pmt~Lot for Me~eu~cll~
[] Imumd Ma~ [] O.O.D.
4. Reetrloted Deliver? (Extra Fee) [] Yea
7011 0470 0000 6798 4299
DO~ Retum Receipt D
TOWN OFSOUTHOLD
ZONiNG BOARD OF APPEALS
SOUTHOLD, NEW YORK
In the Matter of the Application of
AFFIDAVIT
OF
POSTING
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000-~7 oC~-6) -
COUNTY OF SUFFOLK)
STATE OF NEW YORK) ~
I, ~ ) } 0.~ J~Xl C/~- residing at~,542 ~.d/~ ~~
~Z/~~ , New York, being duly sworn, depose ~d say that:
On &e } ~ ~day ot ~ ~ ,201~ I ~rsonally placed ~e Tom's
Offici~ Poster, with the date of hd~ing ~d nature of my application noted thereon,
securely upon my property, located ten (10) feet or closer from the street or right-of-
way (driveway entr~ce) - facing the street or facing each s~eet or right-of-way en~ce,*
and that
1 hereby confirm that the Poster has remained in place for seven (7) days prior to the
date of the subject hearing date, which hearing date was shown to be ,/O~'/,..~. ¢ 7 4[~ fd.',.~
(Signature)
~wom to before me this
///(Notary Public) ' t~ tt!,<v D h,~ns
Not:;:, t c i,2,~¢,, York
. . O0mm~ss~0[ [?i,es danuary 22, 20/~
* ne~ the en~ce or driveway entrance o~my prope~y, as the
area most visible to passerby.
Suffolk Environmental Consulting, Inc.
Newman Village, Suite E, 2322 Main Street, P.O. Box 2003. Bridgehampton, New York 11932-2003
(631) 537 5160 Fax: (631) 537-5291
Bruce Anderson, M.S., President
July 17, 2012
Ms. Vicki Toth, Secretary
Zoning Board of Appeals
Town Hall
P.O. Box 1179
Southold, NY 11971
Re:
Situate:
SCTM#:
D'HAENE Property
8555 Main Bayview Road, Southold, NY, 11971
1000 -78 - 09 - 48
Dear Ms. Toth,
As you know this Firm represents the owner of the property referenced above
who is seeking to improve thereon. As per the hearing requirements of the
Soufhold Zoning Board of Appeals, I enclose herewith:
Affidavits of Mailing dated July 13, 2012, with certified receipts
attached to all abutting propedy owners.
Please be advised that we will forward to you the green receipts cards as we
receive them. Should you have any questions concerning this matter, please
feel free to contact this office at any time. Thank you in advance for your
attention and consideration.
Sincerely,
Diane K. Wassick
encl.
cc: Mr. D'Haene
LOT NO.s REFER TO 'MAP OF HIGHH/OOD AT BAYVIEH/~
FILE// 5547
SURVEY OF PROPERTY
A T BA YVIE~r
TO~rN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-78-09-48
$CAL~: 1'--50'
MARCH 28, 2012
RECEIVED
~OARD OF APPEALS
1.2'i~ ~ ~
S8299'I0',E
LOT
AREA= 103,726 Sq. Ft. or
~.38 Acres
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SEC TION 7209-SUBDIVISION 2. ALL CER T/FICA TIONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE SIGNATURE APPEARS HEREON,
/ /,,':" :~ ,
9, NO.
PECONIC S~U~?OeS,
(651) 765-5020 FAX (6~1~ 7~5-1797
P.O. BOX 9O9
1250 T~A VELER S~EET
SOU~OLD, N.~ 11971 12--141
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road ° P.O. Box 1179
Southold, NY 11971-0959
Qffice Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
August 17, 2012
Suffolk Environmental Consulting, Inc.
James Laird
P.O. Box 2003
Bridgehampton, NY 11932
RE: ZBA Application #6580 - D'Haene
Dear Mr. Laird:
Transmitted for your records is a copy of the Board's August 16, 2012 Findings,
Deliberations and Determination, the original of which was filed with the Town Clerk
regarding the above variance application.
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
Cc: Building Dept.
42
Real Property Tax Sewice Agency