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BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-I809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED MAR 2 8 2013 ' FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 21, 2013 ZBA FILE: 6629 NAME OF APPLICANT: Raymond Strong SCTM# 1000-52-05-02 PROPERTY LOCATION: 2205 Bayview Avenue (adj. to Arshamomoque Pond), Southold, NY 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 February 14, 2013, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated February 14, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone. The subject parcel is 33,260.5 square feet, with 160.0 feet fronting Bayview Ave. at its northern boundary, 201.44 feet along an adjoining property at its western boundary, 210.34 feet along another adjoining property at its eastern boundary and 169.53 feet along a tie line at Arshamomoque Pond at its southern boundary. The subject parcel is improved with a two-story frame house and a one-story garage. All as shown on the site plan prepared by Mark Schwartz R.A., dated November 7, 2012. BASIS OF APPLICATION: Request for Variance from Article Ill Code Section 280-15 and the Building Inspector's January 10, 2013 Notice of Disapproval based on an application for building permit for an accessory in- ground pool; 1) location other than the code permitted front yard on waterfront property or rear yard RELIEF REQUESTED: The applicant requests a variance to construct an in-ground swimming pool in a side yard. ADDITIONAL INFORMATION: At the public hearing the applicant's architect was asked to submit a landscape plan for the proposed swimming pool to verify that the applicant intends to screen the proposed pool from public view by providing evergreen or similar landscape screening along the side yards and front yard property lines. On March 8, 2013 the ZBA received a landscape plan from Timothy Cofl'ey dated 7/31/2012 FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3 - March 21, 2013 ZBA Fi1¢#6628- Strong SCTM: 1000-52-5-2 The Zoning Board of Appeals held a public hearing on this application on March 7, 2013, 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 in-ground swimming pool is a common accessory structure for residential properties and there was no evidence presented that its proposed location, in a side yard, would pose a detriment to nearby properties. The existing accessory garage in the front yard will block much of the proposed pool from public view and the applicant also proposes to install landscape screening (evergreen or hedgerow or similar) to create privacy along the front and side yard property lines. 2. Town Law §267-b{3)(b){2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is sufficient area in the conforming rear yard for the proposed in-ground swimming pool. However, the rear yard slopes gently toward Arshomomoque Pond which poses possible undesirable drainage problem, and the alternative conforming front yard on this waterfront property contains a septic system and water lines. 3. Town Law §267-b{3){b){3}. The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed location of the in-ground swimming pool, having a 36 foot side yard setback, more than doubles the required side yard setback of 15 feet for a principle structure. Moreover, the proposed location places the in-ground swimming pool further from the waterfront. 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. The proposed side yard location is higher in elevation and generally fiat, whereas the rear yard slopes toward the waterfront. 5. Town Law §267-b{3)(b)(5). The difficulty has been self-created. The applicant has sufficient area in the rear yard to construct the proposed in-ground swimming pool. However, it is the applicants desire to propose the side yard location to mitigate any possible negative impact to the waterfront. 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 in-ground swimming pool in a side yard, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried, to GRANT~ the variance as applied for, and shown on the Site Plan, sheet S-I, prepared by Mark Schwartz, R.A., dated November 7, 2012. Subject to the following conditions; CONDITIONS: 1. The applicant shall install and continuously maintain privacy landscape screening along the front and side yard property lines as proposed in the landscape plan by Timothy Coffey dated 7/31/2012 or similar. 2. Applicant must provide a dry well for pool water discharge. 3. Applicant must provide a shelter for the pool utilities which will significantly lower noise levels of the pump. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page3of3 March 2l, 2013 ZBA File#6628 - Strong SCTM: 1000-52-5-2 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 J~ature 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. 7he Board reserves the r1~ht to substitute a similar design that is de minimis in nature for an alteration that docs not increase the degree of nonconformily. l'ote of the Boar& Ayes: Members Weisman (Chairperson), Goehringer, Homing, Schneider. This Resolution was duly adopted (4-0~. Leslie Kanes Weisman, Chairperson Approved for filing .~/,:rg~ /2013 PR~CT SITE DATA: DESCRIPTION: AREA: LOT COVERAGE: EXCAVATE: FILL: REMARKS: PROPERTY: 33.260.5 SQ. FT. 0.76 ACRES PROPERTY TO SEA ~UALL: 30,775.4 SQ. FT. 0.71 ACRES EXISTI~IG HOUSe.: 1.880 SQ. FT. 6. 996 EXISTING DECK / PORCH 695 SQ, FT, 3.$% EXISTING GARAGE: 537 SQ. FT. 1.8% PROPOSED POOL: 512 SQ. FT. 1,7°/o 190 CU. YD. 76 CU. YD. NE~X/DRY~X/ELLS 14 CU. 'YDS. 6 CU. YDS. E~ISTI~ DRII/E'~,4 ~.. 243 SC?. ~ 0.,~6 NON PERVIOUS EXCESS FILL TO BE USED TOTALS: 3.748 SQ. FT. 12.7% 233 CU. YDS. 96 CU. YDS. FOR FINAL GRADE sctm# 1000-52-05-02 SURVEY: 05-03-20tl MEETS AND BOUNDS: PECONIC LAND SURVEYORS, JOHN METZGER LIC. 49618 ASHAMOMOQUE POND ELOC)D ZONE FROM FIR~ MAP 36103C0158H / o o- / ¸ 144 425.82' BAY'VIEW AVENUE (VACANT) SITE PLAN SCALE: 1"= 30'-0' $-1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 25, 2013 Mark Schwartz, Architect P.O Box 933 Cutchogue, NY 11935 RE: Strong, ZBA #6629 Dear Mr. Schwartz: I have reviewed your letter dated June 24, 2013, and the site plan with drawings that you submitted with your request for a de minimus determination. Since you are not proposing any new nonconformity, I have determined that your requested modification is de minimus in nature. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit. If you have any questions, please call the office. Leslie Kanes Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector June 24, 2013 TRANSMII'I'AL To: Project: From: Southold Town Zoning Board of Appeals P. O. Box 1179 Southold, New York 11971 Strong property 2205 Bayview Avenue V~ew York (SCTM# 1000-52-05-02) ZBA approval #6629 Mark Schwartz, AIA JUN ~ 4 OF AppEALS We transmit the following - hand delivered on June 24, 2012 Dear ZBA Members, We are requesting an approval for an outside shower adjacent to an existing accessory garage. The Building Department has stated that the shower we have shown on the plans does not need your approval, however the changing area and bench does require your review and approval. The shower will be heavily screened by a double row of privet on the street property line. We feel this is a de minimis request and would like you to review the plans and make a decision as soon as you get a chance. Please call this office if you have questions or require additional information. Thank you. PROJECT SITE DATA: DESCRIPTION: AREA: LOT COVERAGE: EXCAVATE: FILL: REMARKS: PROPERTY: 33.260.5 SQ. Fl', 0.76 ACRES PROPERTY TO SEA '0UALL: 30,775.4 SQ. FT. 0.71 ACRES EXISTING HOUSE' 1.880 SQ. FT. EXI~FING DECK / PORCH: 695 SQ. FT. EXI~FING GARAGE: 537 SQ. FT. 1.8% PROPOSED POOL: 512 SQ. FT. 1.7% 190 CU. YD. , 76 CU. YD. NE~ DRY~/ELLS 14 CU. YDS. 6 CU. YDS. ~.XI. CI'INC, DRIV~A E' 24.~ $~, r~. 0.~16 NON PERVIOUS TOTAU 3,748 SQ. FT. 12.7% 233 CU. YDS. 96 CU. YDS. EXCESS FILL TO BE USED FOR FINAL GRADE sd'm//1000-52-05-02 SURVEY: 05-03-2011 MEETS AND BOUNDS: PECONIC LAND SURVEYORS, JOHN METZGER LIC. 49618 ASHAMOMOQUE POND FLOOD ZONE FROM FIRM MAP 36103C0158H ,~..2. L~ B AYV I ELV~ AVENUE (VACANT) SITE PLAN SCALE: 1" = 30'-0' S-1 EL. EL. 1~ LIMITS OF 24.3' 2 STY. FI; FIN. FENC 46°41'30" PARTIAL SITE PLAN SCALE: 1"= 20'-0' REVISIONS: 8 S-2 FLOOR PLAN SCAt. E: 1/8" = 1' NORTH ELEVATION SCAt. E: 1/8" = SOUTH ELEVATION SCALE: 1/8" = 1' [] I I Ill [] 1¥ EAST ELEVATION SCALE: 1/8" = 1~ WEST ELEVATION SCALE: 1/8" = 1' RL~VISIONS: A-! EL. LIMITS OF lNG · ' DRYWELL ,, 0',,',:' EL. i[ 14.4' ;; EXISTING 1 STY. GARAGE 24.3' 25.0' ~l~/ ~ -- 7,~ FE/3 1 2013 BOARD .... ~ . L)F .... a S 46°41'30'' PARTIAL SITE PLAN SCALE: 1"-- 20'-0' REVI~{IONS: S-2 II R, ECE][VED BOARD OF APPEALS I~ LI~oPE' , I II r Joanne Minieri COUNTY OF SUFFOLK Steven Belione SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Deputy County Executive and Commissioner February 14, 2013 RECETVED ~OARD 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 Suflblk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to 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 Mahoney, Daniel Strong, Raymond Karas, Gregory & Carol Yantsos, Laura Likokas, George RJJ Properties MunicipalFileNumber 6628 6629 6630 6631 6632 6633 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 11788-0099 · (63t)853-5191 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 lVL~ILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEI~/E[-~ 1 4 Z0 3 To: From: Leslie Weisman, Chair Members of the Zoning Board of Appea~,, Mark Terry, Principal Planner LWRP Coordinator BOARD OF APPEALS Date: February 14, 2013 Re Coastal Consistency Review for ZBA File Ref: RAYMOND STRONG #6629 SCTM#1000-52-5-2 Request for Variance from Article III Code Section 280-15 and the Building Inspector's January 10, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) location other than the code permitted front yard on waterfront property or rear yard, located at: 2205 Bayview Avenue (adj. to Arshamomoque Pond) Southold, NY. SCTM#1000-52-5-2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Fo~;m submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The proposed action is located 90.2 feet (measured from patio) from the bulkhead and is not located within the CEHA. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 ~o~RD O? )XppE/~L~..~ ~ NOTICE OF DISAPPROVAL DATE: January 10, 2013 TO: Raymond Strong c/o Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 Please take notice that your application dated October 3, 2012: For permit for accessory in-ground swimming pool at: Location of property: 2205 Bayview Avenue Southold, NY County Tax Map No. 1000 - Section 5~2 Block 5_ Lot 2_ Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool is not permitted pursuant to Article III~ Section 280-15, accessory buildings and structures; shall be located in the required rem' yard, The site plan shows the proposed pool in the s de yard. F' Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A Fee: $ Filed By: Assignment N ~~;~.~ L ~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No..~)q Street ~y~3(~& I ~' Hamlet I (WE) APPI~AL ~HE WRrFi'EN DETERMINATION OF THE BUILDING INSPECTOR DATED I b ~ ] ~ ! ~© I ~t~ BASED ON SURVEY/SITE PLAN DATED Mailing Address: Telephone: Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architeet, builder, contract vendee~ etc. and name of person who agent represents: Name of Representative: [~C~q (] Add--: Please che~c, k ~o sl~cify who you~ ~ish cot~ondence to be m~led to, fnn~ t~e a~ove nmnes: ( ) Apphcant/Owner(~), ~Authnriz~d Repre~ntative, ( ) Other Name/Addre~ below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED .~._~uildiug Permit ertificate of Oeeupaney ( ) Pre-Certificate of Oceupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: Section: Subsection: FOR: 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, ( ) has not been made at any time with resuect to this orooertv. UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our o2~ce for assistance) Name of Owner: ZBA Fileg FEB ] ?f REASONS FOR APPEAL .(Please be specific, additional sheets may be~d~o~qd~arf~s: ' ! : ~ ~ '; signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a delriment to nearby properties if granted, because: · 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to 3. The amount of relief requested is not substantial because: . ~ I_ 6,,^ 4. The variance will NOT have an adverse effect or impac~ on the physical or environmental conditions in the neighborhood or district because: $. Has the alleged difficnlty bean selfcreated? {~Yes or{ }No Why: , ,~ , ~ ~ ~, n ATre there any Covenants or Restrictinns cunceming this land. {~ No { } Yes (please f~mish 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. oS~V~?f~re mc this ~ 4 day Notary Public Signature of Applicant or Authorized Agent (Agent mu~ submit ~ Authorization f~om Owner) Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /~1 j~/ 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? lfyes, 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: ~t] ~/~ Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WI'III Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: .~ I ~ S Square footage of your lot: ~, ,~[ff), ~_~ .~1.4~-~b Percuntage of coverage of your I~t by~buildin~ ar~a: ! V.~rpos9 of New Construction: ~4A ~ L 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): 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 pre, mi/acs listed on the real estate market for sale? Yes ~/_ No .~Nere any proposals to change or alter land contours? o Yes please explain on attached sheet. FEB ! BOAR, I/) OF APPEALS 1.) Are there areas that contain sand or wetland grasses? \In with this 2.) Are those areas shown on the survey submttted apphcatlon. 3.) Is the pxmlp~y bulk headed between the wetlands area and the upland building 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. ls there a depression or sloping elevation near the area of proposed consh'uction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~,3 C) Please show area of the structures on a diagram if[my exist or state none on the above line. Do you have [my construction taking place at this time concerning your premises?N 0 yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If G. 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. H. Do you or any co-owner also own other land adjoining or close to this parcel? lxl0 If yes, please label the proximity of your lands on your survey. ~[,~3',mm ~/'~q [~ [ . (ex: existing singl; fami~, proposed: s~e wi'th garage, pool or other) .~ Ray Strong 2205 Bayx4ew Avenue Southold, New York 11971 631-765-1015 FEB 1 20B BOARD OF APPEALS December i0, 2012 To Vv'hom It May Concern: I, Ray Strong, authorize Mark Schwar~, AIA - Architect, to act as agent for permit applications to the Southold Toxin Board of Trustees, Neyv York State Department of Eiwironmental Conservation, SouthoM Tx)nine. Board of Appeals and the Southold Building Department. I 'als() consent to inspection of this property by the albrementioned authorities. The proposed resi(tential construction project is located at 2205 Bayview Avenue, Southold, New York (SCTM# 1000-52-05-02). Sincelely, Ray Strong (late: I ~,/l~f/,~, 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMEJ~ 2013 For UNLISTED ACTIONS Only BOARD OF APPEALS PART I - PROJECT INFORMATION (To be completed by Applicant o~ ~ Si~onsor) Municipality ~'~ ~[~+ h O(~ ~y Courlty 4. PRECISE LOCATION Street address and road inte!sections prominent landmarks, etc., or prov[de map[ ' 5 PROPOSEDACTION IS: ~New [] Expansion ~] Modiflcation/alterarion 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9 WHATS PRESENT LAND USE iN VICINITY OF PROJECT? I~ ~Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] ~)~zlt~ Des~ib~ 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GO ~,¢~ AGENCY (FEDERAL, STATE OR LOCAL)? U Yes U No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I I Yes [] No If Yes, list agency(s) name arid permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXiSTiNG PERMIT/APPROVAL REQUIRE MODIFICATION? Applicant/sponsor n~e: I .Y~./~. ~/""~J~----~ [1 Date: I If the_action is in the Coastal Area and you are a state agency C~l~ete the uoasta Assessment Form before proceeding with this assessment I OVER PART II- iMPACT ASSESSMENT (To be completed by Lead Agency) ~?~:~'~ A. DOES ACTIO XCEED ANY TYPE THRESHOLD IN 6 NYCRR, PART 617 4? ~'-'~ Yes )~)No . If yes, coordinate the review process and use lhe FULL EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROV DED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617 6'~ If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING (Answers may be handwritten. C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production potential for erosion, drainage or flooding problems? Explain bde~y: C2. Aesthetic. agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? E~plath briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spades? Explain bde~/- C5. Growth, subsequent development, or related activities likeh/to be induced by the proposed action? Explain bdefly: C6. Long term, sho~l term, cumulative, or other eftects not identified in C1 -C57 Explain bdefly: 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 ESTABLISHMEN~ OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain bdefly: E. IS THERE. OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme effect identified above, determine whether it is substantial, large, important or othe~w~ significant. Each effect should be assessed in connection with its Ia) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; {d) irreversibility; (e) geographic scope; and If) magnitude. If necessary, add attachments or refi~rence supporting materials. Ensure that ex~nations contain sufficient detail to show that alt relevant adverse impacts have been identified and adequately addressed. If question D ~ l~'aet II was checked yes. the determination of significance must evaluate the potential impact of the proposed action on the environmental ~ of the CEA. ] Chec~thisb~xify~uhaveidenti~ed~ne~rm~rep~tenga~iyIarge~rsigni~cantadverseimpactswhichMAY~cc~r` Thenl~eCee~c~-,c~tytotheFUL EAF and/or prepare a positive declaration. [] Cbeck this box f you have determined, based on the information and analysis above and any supporting documentation, thal~[~m~jl~sed action WiLl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons sul~e~m~ ~s determinatior Name of Lead Agency Pdnt 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 respea~i~l~ ~,cer) FEB 1 2013 AGRICULTURAL DATA STATEMENT 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 within an agricultural district OR within SOO feet of alarm operation located in an agricultural distric& AH applications requiring an agrkauitural data statement must be referred to the Suffolk CounW Departmem of Pinnning in accordance with Section 239m and 239n of the General MunioO~al Law. 1. NameofApplicant: [~2o'0~C~ '~1~I ) ~('~)l~iC 2. Address of Applicant: {~') ~ ~D6t .~;,~,(t'14'~'~t k3~] I If~l--II 3. Name of Land Owner (if other' than A~plicant):' ~.~ .f~v~.. ~.'~r~..- ' '' 4. AddressofLandOwncr: ~ ~ [~'~NAIIF%O ~ld , _r'~')~I4}v~iclQ ~/ I 1~"-7 ! 5. Description o,f Prollosed n t tX ~ / , 6. Location o~fPropert~: (road ired Tax map __~, number) [°XXM W I~t, c3 7. Is the pamel witl{ifi 500 feet ora-farm op?t. ion?{ } Yes~<LrNO 8. Is this parcel actively farmed? { } Yes .~N. o 9. Name and addresses of any owner(s) of land within the agricultoml 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 Riverhcad. NAME and ADDRESS (Please use the back of this page if there are additional property owners) 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 statement. 2. Comments returned to the local Board will be taken into consideration as part as thc overall review of this application. 3. Copies of thc completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at thc time thc application is sobmittad for review. F£B 1 2g13 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM~~) O~ ~P~]~-~ The Town of Southold's Code of l~thieg Drohihit_q conflict~ of interest on the DaFt of town officers and employes. The Duruose of this form is to provide information which can alert the town of oessible conflicts of interest and allow it to take whatever action is neeessorv to avoid same. ~ ~ ~ TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance ~, 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 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 ia the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check ali that apply): __ A) the owner of greater that 5% of the shares of eke 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 day of~ 2~ Print Name ~~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM gECEWEE~ ~ FEB 1 013 BOARD OF APPEALS The Toga of Southold's Code of Ethics nrohibits conflicts of interest on the van of to',xn officers and emvlovces. The purpose of this fon~ is ~0 Iggvide information which can alert the town of nossible conflicts of interast and allow it to take whatever action i~ necessary to avoid same. t/-,~.~/ someone else or other entity, such as a company. IfA/a~licat c the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zooc Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (if"Other", name the activin.) Do you personally (or through your company, spouse, sibling, parenL or child) have a relationship with any offi~:~' or employee o£the To~n of Soathold? "Relationship" includes by blood, marriage, or bnsine~ interest. "Business inter~' means a business. including a parmership, in which the to~n officer or employee has even a partial ownership of (or employ~ 1~3 a corporation in which the tox,,n 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 Southokl Title or position of that person Describe the relationship between 5 ourself (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 nv, nar 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 ownor of&ny interest in a non-corporate emit).' (when the applicant is not a corporation): C) an officer, director, partner, or emplosee of the applicant: or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this [ ('/ day of a_.c~.dff- 20~'~, Signature ~ .~q ~ ~ -- _~ PrintName_ ,// [/ // {~ ~ ~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy FEB I .~OB BOARD OF APPEALS No .... 2:~8~ ........ Date ..... ~.e.~..1~..8..1~...2.2 ............... 19. ~ THIS CERTIFIES that the building ................................................ 2205. ~ .~.~, ..... qr~n~or~.,..~,7.. ~cation of Prope~ h~d~ ~ ' ' ' st~i .......... Haml~ Coun~ T~ Map No. 1~0 ~ction ....O~ ..... Block ...... O~ ....... ~t .... ~O~ ......... Subdivision ............................... Filed Map No ......... Lot No .............. confoms substanti~ly to ~e ~~ ~ne t~ly ~el~i~ ~o Ce~f~ca~e of 0cc~c~ .... ~pr~l. g~. ........ 1957. pursmnt to w~ch ~ No ......... ~. ...... dated .... ~e~g~, .~ ........... l~Q., w~ issued, and confoms to a~ of ~e r~u~ments of the app~cable provisions of the law. ~e o~upancy for w~ch t~s ce~ificate is issued is ......... .................. ~.r~y~.~. ~ .~. ~e~ ~g ............................. ~ c,~ficate is issued to ....... g~¢~g~..~ ~. g~g~ .~. ~.. ....................... (o~er,~ of thc afore~d b~ding. Suffolk County Dep~ment of Health Approval ........... ~/~ ......................... ~ERWRITERS CERTIFICATE NO .............. -- .... ~/~ ......................... .... '. FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N,Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY RECEIVED FEB 1 BOARD OF APPEALS A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, properb/ lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957}, Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of pepperty showing all property lines, streets, buildings and unusua~ natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of building~ 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pm-existing dwelling or land use 3. Copy of certificate of occupancy $1.00 $5.00 Date ....E.q~.u..a~.¥..2.0.,...1.9.8.q.. New Building ............. Old or Pre-existing Building .... 3[ ....... Vacant Land ............. Location of Property .. ~.2~Q5. ]B.~t~v-,~..e.W .~¥.e,qg~,..~qg.tJtq3,~,. ~9~..~q3;]~ .................. House No. Street Ham/et Owner or Owners of Property .... ~c~..C ,. ~qL~-b.e.~ ...................................... County Tax Map No. 1000 Section ....5.~ ......... Block . .5. ............ Lot... ~ ............ Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant . .~7~...(~. ~(~t~:~e.3; .............. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate .... ~, ................. Fee Submitted $...5 .DD ..................... Construction on above described building and,permit meets all applicable cod~and regulations. l~u~olph ~Z Bruer, Attorney for Mar~ C. ~euther -/ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY RECEIVED FEB 1 BUILDING PERMIT BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36790 Date: 11/1/2011 Permission is hereby granted to: Strong III, Raymond 2205 Bayview Ave Southold, NY 11971 To: Demolish & construction a new single family dwelling with front porch & rear deck with pergola per trustees approval At premises located at: 2205 Bayview Ave, Greenport SCTM # 473889 Sec/Block/Lot # 52.-5-2 Pursuant to application dated To expire on 5/2/2013. Fees: 10/21/2011 and approved by the Building Inspector. DEMOLITION SINGLE FAMILY DWELLING - ADDITION OR ALTERATION CO - NEW DWELLING ELECTRIC Total: $615.10 $2,609.60 $50.00 $185.00 $3,459.70 Building inspector Town of Southold F RECEIVF. D i LWRP CONSISTENCY ASSESSMENT FORM FEB I 2013 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). 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 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 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) 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: Site acreage:. 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 ofapplicant: !_JU0~i'~(~'~ ~~ ~[{[ (b) Mailing address: ~3~) ~)]X qoq (c) Telephone number: Area Code ( ) "q(~0.~ ,~r~'~])CT'~O (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that cnhances community character, preserves open space, makes efficient USC of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~ (Not Applicable - please explain) 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 [~ Yes [~ No [] (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [~ (Not Applicable - please explain) Anach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No ~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize enviroumental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [~ No ~(Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Ves~ No [] (Not Applicable - please explain) Atlach 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 Ill - Policies; Pages 47 through 56 for evaluation criteria. []~ (Not Applicable - please explain) Yes No Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [] No ~ Not Applicable please explain / F' - ., J . . , I. . -/ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No ~ Not Applicable- please explain Attach additional sheets ifnecessmy Policy 13. Promote appropriate use and development of energy and mineral resources. See LV4RP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain - "'~ - BAYVIE'~ AVENUE SITE PLAN image.jpeg (JPEG Image, 640 × 478 pixels) https://mvc.webmaiLopfimum.neffattacl'-/image.jpeg?sid=&mbo~lN..- I of t 1/30/2013 1:04 PM image.ipeg (JPEG Image, 640 × 478 pixels) https://uwc.webmail.optimum.net/attach/image:jpeg?sid=&mbox=tN... 1/30/2013 1:04 PM image~ipeg (JPEG Image, 640 x 478 pixels) https://uwc.webnmil.optimum.net/attach/image.jpeg?sid=&mbox-lN... t of l 1/30/2013 1:05 PM Imat~edpeg (JPEG Image, 640 × 478 pixels) https://uwc.webnmil.opfimum, net/attach/image.jpeg?sid=&mbox=lN... 1/30/2013 1:05 PM TOWN OF SOUTHOLD PROPERTY RECORD CARD~=* i'.,:_ ~/' OWNER STREET VILLAGE DISTRICT SUB. ACREAGE ©.'TSO TYPE OF BUILDING LOT RES. tCfoo SEAS. IMP. VL TOTAL FARM COMM. IND. I CB. I MISC. DATE REMARKS , /6~' 5,3 ,~,; n - Tillable 3 Woodland Swompl~nd B r ushlel~l~l, House Plot Total Interior Finish Z ~ :~., Porch Attic ~ Porch Rooms ]st Floor Breezewa' Patio Rooms 2nd Floor Garage ~ ~ ~5: / ~ f~ Driveway O.B. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 6, 2013 Zoning Appeal No. 6629 Transmitted herewith is Zoning Appeals No. 6629 of LeeAnn Romanelli for Raymond Strong- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Property Record Card (Both Sides), Site Plan of Property, Four Photos of Property, Notice of Disapproval from Building Department Dated January 10, 2013, Authorization Letter from Ray Strong to Mark Schwartz to Represent Him in This Matter Dated December 10, 2012, Partial Site Plan Showing Existing & Proposed Construction Dated November 2, 2012 Prepared by Mark Schwartz, AIA, Site Plan Showing Existing & Proposed Construction Dated November 7, 2012 - As Resubmitted for New Disapproval, Copy of Survey Showing Property as it Exists Dated November 7, 2012. Town of Southotd P.O Box 1179 Southold, NY 11971 Date: 02/06/13 Traneaction(e): 1 1 * * * RECEIPT * * * ZBA Application Fees ReceiptS: 146373 Reference Subtotal 6629 $500.00 Check#: 429 Total Paid: $500.00 Name: Strong III, Raymond B 2205 Bayview Avenue Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6629 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/1/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP ,::; RECEIVED 6629 Strong, Raymond 429 $500.00 FEB - 6 2013 $outhold Town Clerk $500.00 By lc Thank',ou. 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 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 7, 2013 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, MARCH 7~ 2013: 1:40 P.M. - RAYMOND STRONG #6629 - Request for Variance from Article III Code Section 280-t5 and the Building Inspector's January 10, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) location other than the code permitted front yard on waterfront property or rear yard, located at: 2205 Bayview Avenue (adj. to Arshamomoque Pond) Southold, NY. SCTM#1000-52-5-2 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. So uthold, ny. us Dated: February 5, 2013 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 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 February 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, March 7, 2013 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 Suffolk Times. 1) Before February 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all 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 hearin,q, providing the returned letter to us as soon as possible; AND not later than February 25th: 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 February 27th: 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 March 5, 2013. 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name bf'Applican~ SCTM Parcel # 1000- ~-o2 '0~ -0 ~ COUNTY OF SUFFOLK STATE OF NEW YORK I, ~.~/t~/~//d/]~ /~/~d~/~x_~ residing at j~ ~ -17-~ ~5g"'-c"~[- New York, being duly sworn, deposes and says that: On the ~0[ day ,20 t3, I personally mailed at the United States Post Office in ~C,4~ ~ , New york, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or~ County Real Property Office for every property which abuts and is across a public or prlvate street, or vehicular right-of-way of record, surroundiqg_Lhe applicant's ppat~.rty. _ _ (signaiure) 8worn to' .~re me this day of ~ ,20,J~ (Notary Public) CONNIE D. BUNCH Notary Pub~!c, State of New York No. 01F~J6185050 Q!~;~!~,:~o m ~:~.d[olk County ._ Comm' ':." '- ~c4re,', A ki~ 14, 2D/lo P ~ 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. / Re um Receipt Fe, r"3 (E~ldorsement Required 113 CertUied Fee (Endorsement F RestriCted De vely Fe (Endorsement Require< Total Postage & Fee · 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 maiipiece, or on the front if space permits. 1. ArUcle Addressed to: ' ~ ~ 0 ~tum R~I~ for Men.disc ~ Ip=u~ MNI ~ C.O.D. 4. Restricted Deliver? ~ Fee) r'l Yes 7011 3500 0001 1682 6472 PS Form 3811, February 2004 Domestic Return Receipt 102695-02-M-1540 [ BOARD OF APPEALS NEW YORK In the Matter of the Application of · ~rN.ame of Applicants) (5 AFFIDAVIT OF POSTING Regarding'Posting of Sign upon Applicant's Land Identified as scm P~,~l #moo- COUNTY OF SUFFOLK) STATE OF NEW YORK~ _ c¢ ::: l: .,New York. being duly sworn, depo,e and say that: On ~e ~ day of ~f[~ ,201~.I person~ly placed ~e To~'s OfficiM Postgr, with ~e dat$ 0~he~ing a~ nature of my application noted ~ereon. s~u~ly upon my prope~y, located ten (10) feet or closer from the street or right-of- way (~veway en~) - facing ~e s~eet or facing each s~eet or right-of-way entr~ce.* ~d ~t I hereby confum that the Poster has remained in place for seven (7) days prior to the d~t¢ ofth¢ s,~bje~t he~ring ,~t¢, which hearing date wa~ show~ to be C/'~aCC_~ -7. j C~5/-~ (Signature) Sworn to before me this ~ Dayof0Xl~xo~ , 20lB (Notary Public) · CONNIE D. BUNCH Notary Public, State of New York No. 01 BU6185050 Qualified in Suffolk County Commission Expires April 14, * near the entrance or driveway eh,trance of my property, as the area most visible to passerby. - II /I c oftham p soe, Il / I or on the front if space permits, D. Is delive~j address dlffem~ from item 1 ? [] Yes 1, Article Addresssd to: If yES, enter delivery address below: [] No 3. Service Type [] C, eraflad Mall I-1 Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Deitve~j? (Extra Fee) [] Yes 2. Aracle Number ffransfer from sen, ice PS Form 3811, February 2004 7011 3500 0001 1682 6489 Domestic Return Receipt 102595~2-M-1540 --=i' Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 2. ,Nl[cle Number O'ransfer from sen/ce labeO PS Form 3811, February 2004 [] Agent D. Is dalive~ ad,mss diffarent ~0m Item 17 if YES, enter dellve~ address below: [] No 3. Sen~ice Type [] Certified Mall [] Exprees Mall [] Registered r-I Rstum Receipt for Memhecdlae Fl Insured Mail r'l C.O.D. 4. Restrictad Delive~j? {Ex~a ~ee) r'l Ye~ 7011 3500 0001 1682 6502 Domestic Return Receipt · Complete items 1,2, and 3. Also complete item 4 if Restricted Deliver/Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach th~card to the back of the mallplece, or on the front If space permits. 1..~'ticle Addmssed to: X [] Addmesee B lc. D. Is delivery address dif~el~m item 17 [] yes If YES, enter delivery address below: [] No 3. Smvlce Type [] Cefdflad Mall [] Expr~e~ Mall [] Reglsterecl [] Return Recalpt for Merchandise [] Inaumcl Mall [] C.O.D. 4. Restricted Dalivety? (Ex/re Fee) [] Yes 2. Adicle Number (Transferfmmservicelabel) 7011 3500 0001 1682 6496 PS Form 3811, February 2004 Domestic Return Rsceipt ~u~=~o~-I~tS40 l NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # STRONG, RAYMOND 52.-5-2 #6629 VARIANCE YARD LOCATION REQUEST ACCESSORY IN-GROUND POOL DATE: THURS, MARCH 7, 2013 1:40 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #11080 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 21st day of February, 2013. / \ Principal Clerk Sworn to before me this S7- day of A VO/INSKi NOTARY PUBLIC-STATE OF NEW YORK No. 0lV06]05050 Qualified in Suffolk County LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY MARCH 7, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning), Town of $outbold, the following public hear- inga will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAy ~'30A.M. . LAURA YANT~O~) ~T~63! - Request for Variances from Ar- ticle XXII Code Sectio~ 280-116B and Article XXIII Code Section 280-124 and the Building Inspectors October 10, 2012, updated January 3 2013 Notice of Disapproval based on an application for tio~ to existing single family dweltthg at; 1) bulkhead setback of lessthan the code required 75 feet, 2) le~ than the code re- quired minimum side yard setback of 10 fe~t, 3) less than the total combined side yardi of 25 feet, 4) insa than the code required front yard setback of 35 feet, loca~d at: 3455 Bayshore Road (adj. to Shelter Island Sound) Oreenport, NY. 1O~0 A.M.. SHAMGAR CAP[- TAL. LLC fDANIEL BUTTAFUOCO) 06620 - (Adi. from February 7,2013) Re- quest for Variance from Article III Sec- tion 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building per- mit for construction of a third stoW ad- dition at: 1) more than the code required number of stories of 21/2,' incated at: 1165 Kimberly Lane ( adj. to Southold Bay) Southold, NY. SCTM#1000-70-i3. 20.7 10120 A.M. - HARROR VIEW Article II, 72-5 lB), 72-6 (1 & 3) and the updated January 8. 2013 Notice ol Dis- approval based on an application building permd to convert a pomon of shown, located at: 5O00 Cox Lane, (it] tchogue, NY SCTM#1000-96-2 10 1 10:40 A,M. - GEORGE and LISA ~ - Applicant request a Special Exception under Section 280 13B(14) The Applicant is the owner requesting authorization to establish cessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Prop- erty: 580 Skunk Lane Cutchogue, NY I1100 A.M. - RJJ PROPERTIES. LLC- #663) - Request for Variance from Art/cie XXII Code Section 2g0-116(B) based on an application for building per- mit and the Building Inspector's Febru- aW 5, 2013 Notice of Disapproval con- cerning a permit for a 12'X8" accessory than the code required bulkhead setback of 75 feet, located at: 7225 Nassau Point Road (adj. to Peconic Bay) Cutchogne, NY. SCTM#1000-111-15-12 11130 A.M. - GREGORY and CAR- ~ - Request for Vari- ances from Article XXII Codc Section 280d16A(1) and Article III Code Sec- tion 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an application for building permit for an accessory in-ground pool; 1) top of bluff set back of less than code required 100 feet, 2) locabon other than the code permitted fronl yard on ed ak 135 Soundview Road (adj to Long Island Sound) Orient, NY SCTMg1000- 15-3 3 !1150 A.M. · GEORGE LIKOKAS ¢~6632 This is a request for a Waiver of Merger under Article II, Section 280-IOA, to unmerge land identified as SCTM g1000-31-3-23, based on the Building Inspector's February 1, 2013 Notice of Disapproval, which states ad- joining conforming or nonconforming lots held in common ownership shall tnerge undl the total lot size conforms to the current bulk schedule (minimum 40,00b square feet in this R-40 Resi- dential Zone District) this tot is merged with lots 1000-31-3 t0 and 1000-31-3-9, located at: 9775 Main Road aka State Route 25 (cornel' Stars Road), 425 Stars Road (Lol 10) and 455 Stars Road (Lot 9), East Marion. NY. SCTM #'s - 1000- 31-3-23, 10, 9 1:15 P.M. - DANIEL MAHONEy #6628 - Request for Variance from Ar- tide XXlll Section 280-124 and the Building Inspector's November 13, 2012 Notice of Disapproval based on an ap- plication for building permil for partial demolition and construction of a new single family dwelling: 1) less than the code required front yard setback of 35 feet, 2) less than the code required mini~ mum side yard setback of 10 feet, located at: 3930 Stillwater Avenue (corner Track Avenue) Cutchogue, NY. SCTMgI000- 1:40 P.M. - RAYMOND STRONG #6629 Request for Variance from Ar- ticle Ill Code Section 280-15 and the Building Inspector's January 10, 2013 Notice of Disapproval based on an ap- plication for building permit for an cessoW in-ground pool; 1) location other than the code permitted front yard on waterfront property or rear yard, lo- cated at: 2205 Bayview Avenue (adj. to Arshamomoque Pond) Southold, NY. SCTM#1000-52-5-2 2100 P.M, - VICKI TOTH ~6627 . Ap- plicant request a Special Exception un- der Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Break- fast, accessory and incidental to the resi- dential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Loca- tion of Property: 425 Jacobs Lane (cor- ner Main Bayvifw Road) Southold, NY. The Board of Appears will hear ali persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each bearing 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 heating. If you have questions, please contact hill office at, (631) 765-1809, or by emaih Vicki.Tot h@Town. Sout hold 0 y us Dated: February 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Locarion} 53095 Main Road (MailingflSSPS) P.O. Box 1179 Southold, NY 11971-0959 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 (~gt Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 February 6, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 FEB - 1 Re: ZBA File Ref. No. #6629 (Strong) Dear Mr. Terry: We have received an application for construction of an in-ground pool in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. 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/Fimt Floor, Capital One Bank 54375 Main Road (fit Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 February 1, 2013 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 XIV of the Suffolk County Administrative Code: ZBA File #6629 Owner/Applicant: Strong, Raymond Action Requested: Accessory in-ground swimming pool - yard location 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 % A T ARSItAMOMOOUE TOP[N OF $OUTHOLD SUFFOLK COUNTY, N. SCALE: I FEB 1 EDGE OF TIDAL WETLANDS AT CONCRETE SEAWALL AS DELINEATED BY SEA LEVEL MAPPING ON MAY .2, 2011 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 March 22, 2013 Leeann Romanelli P.O. Box 909 Southold, NY 11971 RE: ZBA Application #6629 - Strong Dear Ms. Romanelli: Transmitted for your records is a copy of the Board's March 21, 2013 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,__ Vicki Toth Encl. Cc: Building Dept. 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