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Home My WebLink About6607 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 . 7654809 · Fax (631) 765-9064 c4~ ~ ) I ')D Tel. (631) FINDINGS, DELIBERATIONS AND DETERMINATION"- --~ ..... ~' ' ~l MEETING OF DECEMBER 20, 2012 $outhold Town Clerk ZBA FILE: 6607 NAME OF APPLICANT: Denis and Suzana Lipovac PROPERTY LOCATION: 5220 Stillwater Avenue, Cutchogue. SCTM: 1000-137-2-14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 23, 2012, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP 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 Applicant's Property is a 7,484 sq. ft. parcel in the R-40 Zone. The northerly lot line measures 124.80 ft. along adjacent residential parcels. The easterly lot line measures 62.54 ft. along Stillwater Ave. The southerly lot line measures 116.62 ft. along adjacent parcels, and the westerly lot line measures 62.00 ft along another adjacent parcel. The property is improved with a 2 story single family dwelling and attached decking, as shown, with the proposed pool location, on the site survey drawn by Gary J. Benz, Licensed Land Surveyor, and dated Sept. 14, 2012. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's September 4, 2012 Notice of Disapproval regarding proposed accessory in-ground swimming pool, at; 1) more than the code permitted maximum 20% lot coverage. RELIEF REQUESTED: The applicant requests a variance to construct an in ground swimming pool which will result in an increased lot coverage of 23.1%, when a maximum of 20% lot coverage is allowed by Town Code. ADDITIONAL INFORMATION: The Applicant's property currently has a lot coverage of 23.3%, which includes a single family dwelling with a valid Pre-existing CO, and an attached deck that also has a valid CO. The applicant stated at the public hearing that he will completely remove the existing deck in order to reduce lot coverage to accommodate a new pool. As a result, there will be a net reduction of lot coverage to 23.1%, including the proposed new pool. At the public hearing the Board requested that the applicant submit information regarding the decibel level of the pool pump equipment and the filtering system for the proposed pool that eliminates the need for a drywell for pool de-watering, which was received on December 11, 2012. Page 2 of 3 - December 20, 2012 ZBA File#6607 - Lipovac CTM: 1000-137-2-14 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6, 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. Swimming pools located in rear yard areas are incidental and customary accessories to single family dwellings. Replacing an existing deck with a in-ground swimming pool will slightly reduce the overall non-conforming lot coverage. The existing rear yard is totally enclosed by a 6 foot high wood fence that will provide complete visual privacy from neighbors and the street for the proposed pool. 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 Applicant's property currently has non-conforming lot coverage of 23.3%, with valid COs for the existing dwelling and attached deck. The Applicant will remove the deck, but a pool can not be built on this property without a variance for new proposed non-conforming lot coverage of 23.1%. 3. Town Law §267-b(3)(b){3). The variance granted herein is not mathematically substantial, considering the small size (7,484 sq. fi.) of this parcel, and it represents 15.5% relief from the code allowed 20% maximum lot coverage. Furthermore, the Applicant will remove an existing deck which will reduce the existing lot coverage of 23.3% to a slightly less, but still non-conforming, new lot coverage of 23.1% that also includes the area of the new proposed pool. This will result in an actual small, but relevant, reduction in total lot coverage. 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 pool will be located in a relatively flat lawn area, and construction will not require any significant vegetation or tree removal. 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 because the Applicant has decided that he would like to have an accessory swimming pool of a size that will create new non-conforming lot coverage. 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 a swimming pool located in a rear yard area while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Dinizio, and duly carried, to GRANT, the variance as applied for, and shown on the survey prepared by Gary Benz, L.S. dated 9/14/12. 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 buiMing 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 Page 3 of 3 - December 20, 2012 ZBA File#6607 - Lipovac CTM: 1000-]37-2-14 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 rlonconformity~ l/ore of the Board. Ayes' Members; Homing, Weisman (Chairperson), Dimgio, Schneider, Goehringer This Resolution was duly adopted Leslie Kanes Weisman, Chairperson Approved for filing f.,2..d ~ /2012 LOT COVERAGE CALCULATIONS LOT AREA = 7,484 S.F. HOUSE FOOTPRINT AREA = 1,256 S.F. DECK FOOTPRINT AREA = 491S.F. PROPOSED POOL AREA = 476 S.F. DECK TO BE CURRENT LOT COVERAGE = 23% (1,256 + 491) / 7,484 = 23.3% PROPOSED LOT COVERAGE - 23~ (1,256 + 476) / 7,484 = 23.1~ OERTIFIED TO: DENNIS LIPOVAC FINAL MAP REVIEWED BY ZBA SEE DECISION DATED/~, I,Ao I I~-. GUARANTEES INDICATED SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND/OR AGENCY, AND ARE NOT TRANSFERABLE. S.C.T.M. NO. 1000 -- 157 -- 2 -- 14 SURVEY OF: DESCRIBED PROPERTY SITUATED IN: CUTCHOGUE TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: 9/14/2012 JOB NO. G12-022 SCALE: 1"- 20' GARY BENZ, L.S. Surveying and Land Planning 24 Shorehaven Blvd. Ronkonkoma, N.Y. 11779 (631) 648-9348 THE EXISTENCE OF RIGHTS OF WAY AND/OR UNAUTHORIZED ALTERATION OR ADDITION TO THIS COPIES OF THIS SURVEY MAP NOT BEARING THE LA^ EASEMENTS OF RECORD IF ANY, NOT SHOWH SURVEY IS A VIOLATION OF SECTION 7209 OF THE SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL ARE NOT GUARANTEED. NEW YORK STATE EDUCATION LAW. NOT BE CONSIDERED TO BE A VALID TRUE COPY. 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''4 ~ Ir,t_~ P'c ,,-s ~es)c~ ooip~ps Benefit $620 to $ 1,360 typical cost savings each year Energy savings up to 90% Longer pump life Permanent magnet motor, as in hybrid cars, reduces noise and vibration Improves filter and chlorinator performance Helps reduce algae build up Lets you add pool features withou[ reducing pump efficiency Totally Enclosed Fan Cooled ~FEFC) design protects workfng parts Built in diagnostics protect the pump for longer service life Integrated keypad no need to purchase separately at additional cost 8 programmable speed sellings and bui~t-in timer assure optimum speed and run times for maximum efficiency and savings i/teiliP ovs or']er i'a(e-s' vsriab!e speed ptix~ps Benefit Nade by the pioneer in variable speed pool pumps Nore total energy savings than any other pump lamily in history Over 5 years of proven in field reliability Outsells all other variable speed pumps combined Simply Smarter. ,/ ~ Joanne Minieri COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Deputy County Executive and Commissioner October 23, 2012 RECEIVED BOARD OF APPEALS Division of Planning and Environment Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffblk County Planning Commission is to be a matter for local determination as there appearsto be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Kabakov, Emilia Lipovac, Denis & Suzana MunicipalFfleNumber 6602 6607 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788~069 · (631) 853-5191 TO: FORM NO. 3 DATE: September 4, 2012 Denis Lipovac 5220 Stillwater Ave. Cutchogue, NY 11935 Please take notice that your application dated August 22, 2012 For permit for accessory in-ground swimming pool at: Location of property: 5220 Stillwater Ave., Cutchogue, NY County Tax Map No. 1000- Section 137 Block 2 Lot 14 Is returned herewith and disapproved on the following grounds: ~F" RECEIVED BOARD OF APPEALS The proposed accesso~ in-ground swimming pool is not permitted pursuant to Article XXIII, Section 280-124, maximum permitted lot coverage is 20%. The survey shows proposed lot coverage at 25%. 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 OCT 1 RQAR~ QF/~PLEAL$ Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HouseNo.~"2-ZO Street -~"/';l~/a'~gf~ 3V~. Hamlet ~-~tx3cCho,,~lle.~ SCTM1000Sectionl3-/ Block Z Lot(s) It~ LotSize 0,1'~ Acce~Zone .~q19 I (WE) APPE,AI~ THE WRITTEN DETERMINATION OF THE BUILDING, INSPECTOR DATED Io I q] I Z- BASED ON SURVEY/SITE PLAN DATED C~]lqll2- . Applicant(s)/Owner(s): '~g,v,l} ~ 6~tot~ ~'l.tZO. to¢ /-"ipo~'O r: Mailing Address: 32-- 58 ~0 ~Tt'z~C-~ ~7-O~-IA, F,I~/ 11~o3 Telephone: l~-(OZ{a-~olZ. Fax: -/~- ~'~/~Oo-')O Email: L-tDd~ ~ ~0}- Co~l / NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, age~t, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner ( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to, from the above names: ~0 Applicant/Owner(s), ( ) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAIN DATEO and DENIED AN APPLICATION DATED J~ 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: ~ I t Section: 2~i~O- I?-J~ Subsection: Type of Appeal. An Appeal is made for: ~:~ 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 ( ) has, 0~ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) f RECEIVED NameofOwncr: 'b,2,,4.s &~i~ ~L' ,,~,~ /,~,~,..'VCt~-- ZBAFilc# OCT ] 6 ?'"'~ ~ASONS FOR APPEAL (Please be spec~c, additional sheets m~ be used with preparer's stgnature notarized). BOARD OF APPEALS 1. An undesirable change will not be produced in the CHA, RACTER of the neighbor or a detriment to nearby properties if granted, because: -,-l~~ ~. ->~t ~..c-h.~; e ~-----------------~,t~.' b..~ ~ 1L i:> ~:_~ ~',~,'~'o~..~-,[ 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: ~xt~,% ~, ~ cL~:~ 3. The mount of relief requested is not substantial because: / - 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions ~ the neighborhood or district because: t'-Fbc -~-/~- ~, c-/-v,ce 5. Has the alleged di~cul~ been self created? { } Yes, or ~ No ~y: Are there any Covenants or Restrictions concerning this land? ~ No { } Yes (please furnish a 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. Sworn to before me this [Z-- day or ~ ~ ,20 (Agent must submit wrinen Authorization from Owner) THOMAS R. MAZZOLA Notary Public ~?;: o[ '&¢¢ Yo k Registration ~, 0l MA507;278 Oualifiec in OLeen~ r20;~nfv My Commission Ec, p res ,v!e,y 5.20_L.~ APPLICANT:~flM, x (~ --~t~:l~ /...~f:~/ar._ DATE PREPARED: /19/9//2-- 1. For Demolition of Existing Building Areas Please describe areas being removed: ~' RECFTVFD ~: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: [3OARD OF APPEALS Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: O Square footage of your lot: "/q~/ 'go- Percentage of coverage of your tot by building area: 0 V. Purpose of New Construction: T~vt.d ~cl 61 ~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the diffgculty in nleeting the cq,de requirement (s):. Oo Please submit 8 sets of 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. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premise~s listed on the real estate market for sale? Yes {,/No Are there any proposals to change or alter land contours? v/No Yes please explain on attached sheet. 1 .) Are there areas that contain sand or wetland grasses? 3JO 2.) Are those areas shown on the survey submitted w/th this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~o ]/I Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of perm it 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? 3JO Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /qO 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? 3/0 yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If 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? lfyes, please label the proximity of your lands on your survey. Plea~ list present use or operations conducted at this parcel °l-a ~} I ~ and the proposed use _5~ ld~ ·(ex: exist~ag single family, proposed: same with gaxage, pool or other) Authorized signfftum and Date RECEIVED BOARD OF APPEALS 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 1. APPLICANT/SPONSOR , /2. PROJECT NAME 3. PROJECT LOCATION: Municipality T~OU3/O D/ ~O--~//~o/d County 4. PRECISE L~TION (S~e~ ad~ss~nd road interse~ions, prominent landmass, etc., or pro~de map} RFCF~VED 5. PROPOSED ACTION IS: [~ New [] Expansion [] Modification/alteration 6. DESC, RIBE PROJECT BRIEFLY: BOARD OF APPEALS 7. Initially I.~/~ :5~4~ ~ Ultrmately ~ ~ ~r ~ AMOUNT OF ~N~FFECTED: .,_ ~ ~ U 8. ~LL PROPOSED ACTION COMPLY ~TH ~ISTING ZONING OR OTHER ~ISTING ~ND USE RESTRICTIONS? ~~ Yes ~ No If No, des~be briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Descry:Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? L~ Yes L~ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L-J Yes [] No if Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? []Yes E;INo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: If the action is in the Coastal Area, and you are a state ag.ency, complete the Coastal Assessment Form before proceeding with th,s assessment OVER ' PART II- IMPACT ASSESSMENT (T. la~e completed by Lead Agency) ~. ~'~(~ ~' A. DOES ACTION EXCEED ANY TYPE I TH.~I;OLD IN 6 NYCRR, PART 617.47 If yes, cou,~l~, the review process and use the FULL EAF. ~lYes ~lNo 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, E~Yos r--INo 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 or flooding problems? Explain briefly: 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 wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, 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 ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identifled 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) probability 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 have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed d to the FULL you irectly EAF and/or prepare a positive declaration. [] Check this box if you have determined, basod on the information and anal~is above and any supporting docurr~ntation, that the proposed action WILl 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 Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) Reset AGRICULTURAL DATA STATEMENT OCT 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF AppeALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property wtthln an agricultural district OR within 500feet of a farm operation located in an agricultural distric~ ~Ill applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. NameofApplicant: ~)~,f,'x ~ ~Og.a~Oc~ 2. Address of Applicant: 32- ~:~ ~")'5'r /4-..~O~t~.t~-' Ao~/ 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: '"~O. t ~-~ lO 6-¢O~ .o C) 6. Location of Property: (road and Tax map -- , number) ~Z.Z.o ..~'ll~eT~,f ,~ CoJcI~.-tt/F.Y' 11~3( ~75~ /57-'Z-I¥ 7. Is the parcel within 500 feet of a farm operation? { } Yes {)4 No 8. Is this parcel actively farmed? { } Yes ~ No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS (Please use the back of this page if there are additional property owners) Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statament. 2. Comments returned to the local Board will be taken thto consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for maiIing shall be paid by the Applicant at the time the application is submitted for review. APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers 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 avo)d same. YOUR NAME: OaJ ~ ~ q (Last name, fi~'t name, middle init~l, nnless you are applying inthe name of someone el~ or other enti~, such as a company. If so, indicate the other person's or company's ~me.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance I,,'"' Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any off~cer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~______~/~ ~)e~v~c~, 20 Signature Print Name BOARD OF APPEALS ~' RECE~'V~£t t A APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers 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. (Last nam e, fir~t name, middle initial, unless you are applying inlhe name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance I,~ Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO / If you answered "YES", complete the balaoce of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Signature Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECEIVED OCT ~ A. INSTRUCTIONS BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that am 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 actiom' 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). lfany 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 h~ 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# I B ~ 'Z- I'~/ The Application has been submitted to (check appropriate response): TownBoard [~ Planning Dept. [] Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Natureandextent°facti°n:~'~,el~m.{~L ~ bmlJ Location of action: Site acreage: Present land use: 0 Present zoning classification: 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: ~'~0- ~'~ ~> 6)~0~ ,~ct 2a~ ~c4 (b) Mailing address: ~2 ~ ~ g~ (c) Telephonenumber:A~aCode()(Zig) &Z6- (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 I. Foster a pattern of development in the Town of Southoid 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 1II - Policies; Page 2 for evaluation criteria. []Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Towli of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No [] (Not Applicable- please explain) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Southold, N.Y- CERTIFICATE OF OCCUPANCY No Z-22080 Bate JANUARY 5, 1993 r RECEIVED OCT ] BOARD OF APPEALS THIS CERTIFIES that the building. ADDITION & ALTERATION Location of Property 5220 STILLWATER AVENUE CUTCt~GUEt NoY. House No. Street Hamlet County Tax Map No. 1000 Section i37 Block 2 Lot 14 Subdivision . Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 28, 1992 pursuant to which Building Permit No. 20459-Z dated MARCH 3, 1992 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 ADDITION & ALTERATIONS TO AN EXISTING ONE FAMILY DW~.LLING AS APPLIED FOR. The certificate is issued to of the aforesaid building. THOMAS P. GRALTON (owner) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-032690 - DEC. 30t 1992 PLUMBERS CERTIFICATION DATED JANUARY 4~ 1992 - T.P. GRALTON / ../ Building Inspector Rev. 1/81 FORM NO. 4 No: Z-32899 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY ? RECEIVED BOARD OF APPEALS Date: 02/22/0s THIS ~I~IFM that the ~uil~-g ADDITION Location of Property: 5220 STILLWATER AVE CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) Co%u~ty Tax Map NO. 473889 Section 137 Block 2 ~ot 14 Subd/v/sion Filed Map No. __ Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 18, 2007 purs-~nt to which Buil~i,g Pex~ait No. 33307-Z dated AUGUST 10~ 2007 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 "AS BUILT" DECK ADDITION AND ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. T~e certificate is issued to DAVID W & JENNIFER OLSEN (OWNER) of the aforesaid building. SUFFOLK COUN~"ZD~PARTMENTOFHEALTHAPPRO¥1%~ N/A ~.R~rrP~IC~J~ C~RTIFICATE NO. 7915 10/11/0--7 PL~P~ C~TIFICATION DAx~ N/A ~riz~ Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEP;~R~BN~f Office of the Building Inspect6r Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY BOARD OF APPEALS NO: Z- 33792 ~te: 06/25/09 THIS C~I(TIFIEE that the buil~ling DWELLING I~cation of Pro~rty 5220 STILLWATER AVE (HOUSE NO.) (STREET) County Tax t4ap No. 473889 s~tion 137 Block 0002 Slfodivision Filed Map No. LOt NO. CUTCHOGUE (HAMLET} Lot 014 conform~ substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 purs,,ant to which CERTIFICA~ OF OCC~PANC"f~ Z- 33792 dated J~3NE 2~._2009 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 ONE FAMILY DWELLING.* THIS CERT. OF OCC. REMOVES VIOLATIONS NOTED ON C/0 Z4764 DATED 8/29/72 ONLY. SEE UNDERWRITERS CERTIFICATE 7915, 10/11/07. T~e certificate is issued to DAVID W & JENNIFER OLSEN (OWNER) of the aforesaid building. SUFFOLK COONTYDEPARTi~TOFH~AhTHAPPRO%rAL N/A m.~-~'KICALCERTIFICATENO. ~7915, 10/11/07 Nm PLI~4~RS C~ERTIFICATIfAN DA'r~u N/A Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD~ NY 11971 TEL: 765-1802 PERMIT NO. Examined ,20 Disapproved a/¢ [ ).. BUILDING P~[vlIT APPLICATION CHECKLIST Do yott~tve or need the following, before applying ? Board of Health 3 sets of Building Plans Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: RECEIVED INSTRUCTIONS BOARD OF APPEALS a. This application MUST be completely flied in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationskip to adjoining premises or public streets or areas, and waterways. c.' Th~ Work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Perm/t to the applicant. Such a permit shall be kept Onthe premises available for inspection throughout the work. e. N° building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. B' "" A~ PLIC~A,T. ION IS ~1~. P~BY MADE to the Building Department for the issuance ofa ~!ding Permit pursuant to the m~mug ex)ne ommance otthe ~own of Southold, Suffolk County, New York, and other apPii~abt~ Laws, Ordinances or Re~atign& for~e construction of buildings additions or alterations or for removal or demoli, t[o~a~asflaere~ described The pplicant agrees ~o Comply:w~th all applicable laws, ordinances, building code, housing code,~ regulations, and to admit auth°riZ~ ~pect°rs On premises and in building for necessar~ inspectionS~ /~ (Signature'~fappli(~' i hame ifa corporation) (Mailing adfii~,~¥Of applicant ) State whether applicant is oWner, lessee, agent, architect, engineer, general contractor, eleetri*i~ Plumber or builder :~ame°fownerofpremises ~,/0~0o. <?~ ~-'~51//~C... (as on the tax roll or latest deed) ~ applicant is a corporation, signature, of duly authorized officer ~ame and title of corporate officer) ~'~ L~nse No, Plmbers LiCense No ElectriCians License No. 7¢0/46 Other Trade's License No. 1. Locafion0fland on whic~ Eroposed w/~ will be done: HOUse Number Street County Tax Map No. 1000 Section SubdiviSiOn (Name) 2. State existing use and occupancl~[premises an~ intended use and occup~y of proposed construction: a. Existing use and occupa~l? · b. Intended use and occupancy 3. Nature of Work (check which applicable): New Building Repair RemOval Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee Addition Other Work Alteration (Description) (to be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature hnd extent of each type of use. 7. Dimensions of existing structures, if any: Front ~ Rear Height. Number of Stories ~. _Depth Dimensions of samestructure with alterations or additions: Front Rear Depth. Height. 8. Dimensions of entire new construction: Front I(~ Height . Number of Stories 9. Size of lot': Front (~2.' Rear L02-' Number of Stories Rear ~ .Depth .DeI~th 120 ' 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation: 13. Will lot be re-graded Will excess' fill be removed from premises/YES'NO ~22-GS-h I I~Jz4e, t/k~ l-~ ~/ac., _ Address ~e~d~7~ 14. N~es of O~er ~f~r~mises N~eof~c~tec~l~ B P~dG ~ ' Ad~ess~honeNo Nme of Con~actgr ~ ~' ~o~ Address 15. Is ~s prope~ wi~in 100 feet ofa tid~ wetl~d? *YES NO · ~ ~S, SOU~OLD TO~ TRUSTEES PE~ITS MAY BE R~QU~D 16. Prpvide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property, is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COLrNTY OF ~,J(-GI~ S)S: ~ ~ ~/)W)~t(~ being dUly sworn, deposes and says that (s)he is the applicant (Name of individutal'signing contract) above named, (S)He is the ~;~¢.flC~.M_ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best ofh/s knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith· Sworn to before me this a d yof ' lX~otar~y Public MARGARET A. KIDNEY I~ Public - Stale o~ New York No. 01KI6021111 Qualified in Suffolk COunty My Commission Expires March 8, 2 o.L.................L_ t;~,OAkD OF APP~ AL;~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET,S_ -'~ C-~ VILLAGE DIST, SUB. LOT RES.~O S~S. VL. FARM CO~. CB. MlCS. Mkt. Val~ AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre · Meodowl~d DEPTH Total DOCK TRIM 136.-2-14 3/10 lox7--~ 70 Extension Porch ~arage total Foundation Basement Ext. Walls Fire Place Recreation Room Dormer Floors Interior Finish Heat Rooms 1st Floor ROoms 2nd Floor Driveway Dinette DR. BR. 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 October 18, 2012 Zoning Appeal No. 6607 Transmitted herewith is Zoning Appeals No. 6607 of Denis & Suzana Lipovae the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, Short Enviromental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, and Copy of Certificate of Occupancy No. Z-22080 for Addition & Alterations to an Existing One Family Dwelling Dated January 5, 1993, Copy of Certificate of Occupancy No. Z-32899 for "As Built" Deck Addition and Alterations to an Existing One Family Dwelling Dated February 22, 2008, Copy of Certificate of Occupancy No. Z-33792 for One Family Dwelling Removing Violations Dated June 25, 2009, Notice of Disapproval from Building Department Dated September 4, 2012, Copy of Application for Building Permit with Disapproval Dated September 4, 2012, Plans for Pool from Arthur Edwards, Three Pages of Photos, Copy of Property Record Card, Two Pages of Surveys Showing Existing & Proposed Construction Dated September 14, 2012 Prepared by Gary Benz, L.S. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/17/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP Lipovac, Denis & 112 $500.00 RECEIVED 6607 Suzana OCT 1 7 2012 Iouthold Town Clerk $500.00 By lc Thank fou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/17/12 * * * RECEIPT * * * Receipt: 142899 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6607 $500.00 Check#: 112 Total Paid: $500.00 Name: Lipovac, Denis 32-58 37th Street Astoria, NY 11103 Clerk ID: CAROLH Internal ID: 6607 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 119714)959 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, DECEMBER 6, 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, DECEMBER 6, 2012: 10:20 A. M. - DENIS and SUZANA LIPOVAC #6607 - Request for Variances from Article XXlII Code Section 280-124, based on an application for building permit and the Building Inspector's September 4, 2012 Notice of Disapproval regarding proposed accessory in- ground swimming pool, at; 1) more than the code permitted maximum 20% lot coverage; located at: 5220 Stillwater Avenue Cutchogue, NY. SCTM#1000-t37-2-t4 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: November 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 1197'1-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME LIPOVAC~ DENIS & SUZANA #6607 MAP # 137.-2-14 VARIANCE LOT COVERAGE REQUEST ACCESSORY IN-GROUND SWIMMING POOL DATE: THURS, DEC 6, 2012 10:20 AM If you ar.e intere, sted in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 U bo'T' 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 November 5, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,December 6, 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 November 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providin.q the returned letter to us as soon as possible; ' AND not later than November 26th: 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 November 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 4, 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 said Newspaper once each week for 1 week(s), successfully commencing on the 29th day of November, 2012. / Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAI~PEALS THURSDAY DECEMBER 6, 20~2 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following pubUc bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD O~ AP- PEALS at the Town Hall. 53095 Main Road. EO. Box 1179. Southold, New York 11971-0959. on ~ ~- (adiourrled from Notice of Disapproval based on an appti- (corner Miriam Road) Ma~tuck. NY SCTM#1000-99-2-6 ~ A. ~L - ~ and SUZA~* LI~OVAC/16607 - Request [or Varlana:- es from A~/de XXYII Code Seel/on 280- 124~ based On an application for build:rig petm/t and t~e B~ld/ng Inspector's ~p- regarding proposed accessory in-grotmd ,L~ day of 1L'00 A.M. - ROBERT CORAZZI- NI - #6609 - Request for Variance from Article III, Code Section 280-15 and the Building Inspector's July 27, 2012, updated November 1, 2012 Notice of Disapproval based On a building permit application to construct an accessory ga- rage, at: 1) more than the code required maximum square footage of 660 sq. ft. on lots contaifilng less than 20,000 sq. ft., located at: 33195 Main Road Cutchogue, NY. SC'I'M#10f10-97-14 ~ 7 Applicant re- quee, tsa $!t~/al ~ ~a%r Art/do III. Section 280-13B(13). The Al~licanl ~?Rexttlest for Variance from Ar- ~e~ ~o~1¢ Section 280-15 and the Road (adj. to Shelter Island Sound) ~oq~OId NY. SCTM#100C~81-3-26.1 Notice Of Di~aI~proval based on an ap- NOTARY PUBLIC-STATE OF NEW YORK No, 01V06105050 Qualiflecl In Suffolk County My Commission Expires February 28, 2016 The Board of Appeals will hear all persons or their representatives, desk- ing to~ hea~t at each hcaxi~g, and/or d~ tO sUl~mit written statements before the conCluSion Of each hearing. Each hearing will not start ear~er than designated above. Fries are available for review during regular bUSiness hours and prior to the day of the heating. If you have questions, please contact our office at, (631) 76~-1809, or by email: ~rxcld.Toth~/~Town.southold.nv. us. Dated: November 16,2012 ZONING BOAI~D OEAPPEALS LESLIE KANE$ WEISMAN, CHAIR- PERSON BY: Vickl Toth 53095 Main Road (Mailing/USPS) P.O. Box 11'/9 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS $OUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS SCTM Parcel # I000- 13~ - 7_ - Iq COUNTY OF SUFFOLK STATE OF NEW YORK New York, being d _ ~. oses and Onthe ]~, dayof Mo,/~c' , 20 ~, I perSonally mailed at the United States Post Office in '~cd~ 1~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTI~D, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ~ 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 reco, rd, surrounding the .~J~t's p~perty. · (sl ature) Sworn to' before me this -- THOMAS R. MAZZOLA N~otary Public S!*ts of New York Neglstration ~¢ 01 MA5077278 Qualified in O~.eens County My Oommission Expires r¢,cy 5, 20 ~ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next · to the owner names and addresses for which notices were mailed. Thank you. m Certified Fee ~ (Endor~ment Require) ~ Re~ed De Ne~ Fee ' ~ (End°mement Required)I ~.~ '~ 11/1&'2012 ~O. q5 Return Reoelpt Fee (Endorsement Requirecl) ~12.~ Resblcted Delk, efy Fee (Endorsement Required) ~1~ ,0~ I ~z~ i~ ~ A L U S E , Total Postage & Fees $5 · "'~ It/l~12 ' ~:=¢¢;~-X'"'Q';TE'-':'i: ....... ~';'~; ....... ~-~-~ ......... / .:3" Certified Fee Return Receipt Fee (Endorsement Required) t1/16/2012 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ~OUTHOLD, NEW YORK the Matter of the Application of (Name of Applicants) ~ AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- ~'~rl~ Z COUNTY OF SUFFOLK) STATE OF NEW YORK) I, .'~e.a~ LiDogo-c residingat3Z-Sg ~'~ ~1", A~To~,iJ~ t lC,'/ , New York, being duly sworn, depose and say that: On the ~2 (~ day of JQo~/t ~[~ r~ ,2017. , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) daTs p .n.',or to the date of the subject hearing date, which hearing date Was shown to be ~c-. {~ ~ ~ ~Z.. Sworn to before me this · 2~ Dayofl~o:~u~,~- ,201~ (Notary Public)· THOMAS R. MAZZOLA . Notary Public S~a+c of ~,~,*, w,,~. R, R_e-gi~tra~ion # 01MA50,~278 Q ~. ~ ~nty * near the enlrance or driveway entrance of my property, as the area most visible to passerby. · Comp~ofe items 1, 2, and 3, Also complete ~m 4 if Restricted Delivery Is desired. · PHCt your name and address on the reverse so that we can return the card to you. · A~.this card to the back of the mailpiace, ~' one'he front Jf space permits. PS Form 3811, February 2004 r-i Agent [] Addressee Date of Delivery D. Is daliva7 address,different from ffem 17 [~ Yes ff YES, enter delivery add~a betow; [~ No [] Registered [] Insured Mell r-i Express Mall ,_J~_ Return Receipt for Merchandlae [] C.O.D. 4. Restrfcted Delivery? (Extra Fee) [] Yes 7011 _2000 0001 7374 .7640_ } · Complete items 1,2, and 3, Also complete item 4 if 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 mallpisoe, or on the front if space permits. 1. Article Addressed to: /lOqd 2. A~ticle Number (Transferflom service label) PS Form 3811, February 2004 D, ~y address di [] Yes , r-lNo ~.,er tlfled Mall [] Registered [] Insured Mall ~Re~m Receipt for Memhandlae C.O.D. ~ 4. Restdcted Delivery? (EXrtra Fee) r-I Yes ::j 7011 2000 0001 7374 7695 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 mallplece, or on the front if spaca permits. 1. Article Addressed to; t 2, Article Numbe~ PS Form 3811. February 20O4 A. Signature [] Addreesee B, 'PSnted Name) C. Date of Dellve~ D. Isdallv~yaddmeadlffemntfromlteml? r-lye~ ff YES, enter delivery address below: [] NO 7011 2000 0001 7374'1 7701 rly# Domestic Return RiK~pt USPS. COM' Track & Confirm SER~ICE First-Class Mail® STAIIJS OF YOUR ITEM Notice Left Ardval at Unit November 17, 2012, 2:36 pm BETHPAGE, NY 11714 November 17, 2012, 7:04 am BETHPAGE, NY 11714 November 17, 2012, 1:01 am GARDEN CITY, NY 11599 November 16, 2012, 6:31 pm BABYLON, NY 11702 November 16, 2012, 3:21 pm BABYLON, NY 11702 Expected Delivery By: November 17, 2012 CelBfied MailTM Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Pnvacy Policy ) Oovemment S ervic,9 s ~ About USPS Home ~ Business Customer Gateway Terms of Use ) Buy Stamps & Shop ) Newsroom i Postal Inspectors ) FOIA ~ Pdnt a Label with Postage ~ Mail Service Updates ~ Inspector General ~ No FEAR Ac~ EEO Data ~ Customer So,vice i Forms & Publications ~ Postal Explorer ~ Site Index > Careers ~ https://tools.usps.com/go/TrackConfirmAction_inpur?qtc_tLabels I = 70 ! ! 2000000173747664&qrc_$enddate 1 =&qtc_zipcode I = Page ! of 1 $2.35 $ $5.~5 11/i6/~012 · Complete ~terns 1, 2, end 3. Also ~omplete Item 4 If Resth~ted 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 mallpleca, or on the front if space permits, 1. Article Addm'e~aed to: A. Signature If YES, enter deliv~/address below: [] No ~' Ce~q'ffed Mall i"l Express Mall ) [] Registered ,~ Return Receipt for Memllmld~l ~ [] Insured Mall [] C.O.D. 4. Restrtcted Oetlve~ (Extra Fee) [] Yes 2. A~Ucle Number ~-~,~r?~,~ .--__ 7011 ~ 000i 7374 7~ -~' PSForm3R11 ~, ~ ~ ~ ~ ..... ~U1 l, Febma~ 20~ ~c R~um ~ ' · Complete Items 1, 2, end 3. Also complete ~_~m 4 if Restricted Delivery is desi . · Hrl~ your name an,~ ~-*~ red so that we can return the Card to you. · Attach this card to the back of the mailpleca, ____or on the front ff space Permits. 149- I~ I'7 Ave rl~ C. Date of Dellve~ different from Item 17 ff YES, enter delh~fy address below: r'l No BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Fkst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 October 17, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6607 Owner/Applicant: Lipovac, Denis & Suzana Action Requested: Accessory in-ground swimming pool - lot coverage Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson ,¢ CERTIFIED TO: DENNIS LIPOVAC %o¢% RECEIVED OCT ~ ~ -~, BOARD OF APPEALS ,/ GUARANTEES INDICATED SHALL RUN ONLY TO THE PERSON FOR ~,I'tOM THE SURVEY IS PREPARED AND/OR AGENCY, AND ARE NOT TRANSFERABLE. S.C.T.M. NO. 1000 -- 1,37 -- 2 -- 14 SURVEY OF: DESCRIBED PROPERTY SITUATED IN: CUTCHOGUE TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: 9/14/2012 JOB NO. 012-022 SCALE: 1" - 20' GARY BENZ, L.S. Surveying and Land Planning 24 Shorehaven Blvd. Ronkonkoma, N.Y. 11779 (631) 648-9348 COPIES OF THIS SURVEY MAP NOT BEARING THE LAIr SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. THE EXISTENCE OF RIGHTS OF WAY AND/OR UNAUTHORIZED ALTERATION OR ADDITION TO THIS EASEMENTS OF RECORD IF ANY, NOT SHOWN SURVEY IS A VIOLATION OF SECTION 7209 OF THE ARE NOT GUARANTEED. NEW YORK STATE EDUCATION LAW. B Plan A B A- Section B-B Section A-A Typical Piping Arrangement RECEIVED OCT i6';o~' BOARD OF APPEALS Wall Section SIZE A B C D g F G H AREACAP. ~ FT. Fr. Fr. FT. Fr. FT. FT. FT. sq.gr. GAL. 16x32' 16' 32' 8' 14' 6' 4' 4' §' 512 19,000 16'x36' 16' 36' 12' 14' 6' 4' 4' 6' 576 2i,600 16'x36' 10' 36' 12' 14' 6' 4' 5' 8' 648 ~4,300 20'x40' 20' ~0' 16' 14' 6' 4' 6' 8' 800 30,000 24'x44' ~4' 44' 18' 14' 8' 4' 6' 10' 796 30,000 24'x48' 24' 48' 20' 16' 8' 4' 6' 'I0' 900 30,000 PERMACRETE WALT, SYSTEM 929 Route 25A Miller Place NY 11764 (631) 744-7185 FAX (881) 744-0174 Suffolk License #4436-HI Nassau License #HI74450000 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 o P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 December 21, 2012 Denis and Suzana Lipovac 32-58 37 Street Astoria, NY 11103 RE: ZBA Application #6607 Dear Mr. and Mrs. Lipovac: Transmitted for your records is a copy of the Board's December 20, 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. Sincerely, Encl. Cc: Building Dept. NOTICE