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HomeMy WebLinkAbout6634 BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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://sout holdt own.nort hfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18, 2013 R C VE.D , · ~Town Clerk ZBA FILE: 6634 NAME OF APPLICANT: Joseph D. and Leslie L. LaVecchia PROPERTY LOCATION: 908 Private Road #2, (aka Birds Eye Road) Orient, NY. SCTM#1000-17-2-1.5 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 March 19, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a two story single family dwelling located in the R-40 zone containing 36,294 sq. ft.. It is located on a Private Road, Birds Eye Road, it has 229.42 of frontage on Birds Eye Road, 150.00 feet along Birds Eye Road on the northern property line, 260.00 along the eastern property line and 150.00 feet on the southern property line as shown on the survey dated January 3, 2013 prepared by Nathan Taft Corwin, ltl, LS. BASIS OF APPLICATION: Request for Variance from Article 111 Code Section 280-15 and the Building Inspector's January 23, 2013 Notice of Disapproval based on an application for building permit for an accessory in ground swimming pool, at: 1) accessory in ground swimming pool is proposed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant is requesting a variance to located an accessory in-ground swimming pool in the front yard, where the code requires a rear yard location. ADDITIONAL INFORMATION: During the public hearing an agent lbr the adjacent properties owners voiced concern about the proposed location of a swimming pool at 10 feet from the property line which is adjacent to a shared R.OW.. The applicant was asked if the pool could be located further from the property line, and the applicant agreed to place the pool an additional 10 feet from their property line for a total 20 foot setback. They also agreed to demolish and/or move onto their property all of the existing fencing not currently on their property, as shown on the survey dated January 3, 2013 by Nathan Taft Corwin 111, Land Surveyor. The Board also requested a landscape plan showing evergreen screening along the western property line and north of the proposed pool Page 2 of 3- April [8, 2013 ZBA File#6634 - LaVecchia SCTM 1000-17-2-15 location. On April 11, 2013, the Board received a landscape plan from Natural Images Landscaping, conforming to the agreed upon conditions noted above. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 4, 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 1~267-b(3}(b)(1). Grant of alternative relief to this applicant will not cause a detriment to the surrounding properties in this area or this use district. The subject property is a comer lot with two front yards and due to the sloping topography and location of wetlands, a swimming pool cannot be located in a conforming location. This evaluation is based upon personal inspection of the site by the Members of the Board of Appeals, and an inspection of at least seven of the surrounding properties, which all share the same type of topographical issues. The Board also observed that there are other in-ground swimming pools in the neighborhood. 2. Town Law ~267-b(3}(b)(2L The benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue. The topography of the property and proximity to wetlands makes a conforming location impracticable. There is no other place for the applicant to locate this pool other than the front yard. However, the pool can be moved to a location that is farther away from the private road. 3. Town Law. 267-b(3}(b}(3) The variance requested therein is mathematically substantial representing 100% relief from the code requirements. However, the property has two front yards and the proposed location is the only flat area on the site that would minimize land disturbance and runoff to the adjacent wetlands. The substantially of the variance will be mitigated by the required landscape plantings which will visually screen the pool from the ROW and adjacent properties. 4. Town Law §267-b(3}(b}(4} No evidence has been submitted to suggest that a variance requested in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The alternative relief granted herein mitigates the privacy concerns of the adjoining neighbors. The applicant will adhere to the town code requirement of storm water management. 5. Town Law ~267-b{3~(b}(5L The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Schneider, and duly carried, to DENY the variance as applied for, and GRANT ALTERNATE RELIEF as shown on the landscape plan prepared by Natural Images Landscaping, Inc date stamped received by the Board of Appeals Aprill 1, 2013 showing a 20 foot setback from the private road and evergreen plantings along the western property line and north side of the proposed pool, the location of the pool equipment and the fence on their property. Subject to the following conditions: Page 3 of 3- April 18, 2013 ZBA File#6634 - LaVecchia SCTM: 1000-17-2-1.5 CONDITIONS: i. The proposed pool must remain open to the sky and located a total of 20 feet from the Right of Way (Birds Eye Rd.) 2. A buffer of plantings to visually screen the proposed pool from the R.O.W. and the northerly neighbor's view must be implemented as per the plan received by the Board and cited above. 3. The landscape screening shall consist of evergreen plantings at a minimum height of five (5) feet when installed and shall be continuously maintained. 4. The applicant must install a drywell for pool dewatering and a sound proof cabinet for the mechanical systems. 5. The applicant must demolish and/or move onto their property all of the existing fencing not currently on their property, as shown on the survey dated January 3, 2013 by Nathan Taft Corwin III, Land Surveyor. That the above condilions be written into the Building Inspector's Certificate of Occupancy, when issued 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 ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Fote of the Board: Ayes Members: Weisman (Chairpersond, Goehringer, Homing, Schneider This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing g-TZ~/~_fi /2013 W~TL^Np ~IT~X L~I~ OF 0 o 0 coriNG, IINAL MAPL EVlEWED BY ZBA| ~ o~c~s~o. # ATED ~ I I~ I~,/.~ RECEIVED BOARD OF APPEALS PROJECT: LA VECCHIA RESIDENCE 908 BIRDS EYE ROAD ORIENT. NEW YORK 11971 DATE APRIL 10, 2013 NATURAL IMAGES LANDSCAPING INC 30' OF ~50.00' 150.0 JACK & MARGARET STERN" SURVEY TOWN SUFFOLK S.C. TAX OF PROPERTY SITUATE ORIENT OF SOUTHOLD COUNTY, NEW YORK No. 1000-17-02-1.5 SCALE 1"=50' JANUARY 5, 2013 AREA = 36,294 sq. fl. 0.855 ac. / MAIN (NFS Rte. 25) N.Y.$. LIc. No. 50467 Nathan Taft Corwin III Land Surveyor Successor To: S[onleq J, Isoksen, Jr. L.S. Ooaepfi ~ Ingegno L.6. Fox (631)727-1727 COUNTY OF SUFFOLK Steven Beilone Department of Economic Development and Planning . J, ,,0~ )//~4~ Joanne Mimeri /Dept~ty County Executive and Commissioner March 19, 20i3 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 RECEIVED I/AR ~ 2 201t BOARD Oi' AFq:'b. ALS Division of Planning and Environment 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 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 Lavecchia, J & L Mattituck Plaza, LLC Einczig, Steven & Yvette Frizzi Residence Mantikas, Michael Finora, Robert MunicipalF~eNumber 6634 6635 6637 6640 6641 6642 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 · (631) 853-5191 TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 23, 2013 Jodi Giglio for J & L LaVecchia P O Box 386 Wading River, NY 11792 RECEZVED FEB 1 201 BOARD OF APPEALS Please take notice that your application dated January 18, 2013 For a permit for an accessory inground swimming pool at Location of property: 908 Birdseye Rd., Orient, NY County Tax Map No. 1000 - Section 17 Block 2 Lot 1.5 Is returned herewith and disapproved on the following grounds: The proposed accessory inground swimming pool, is not permitted pursuant to Article III, 280-15 which states: "In the case AC District & Low Density Residential R80 .... Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The proposed accessory pool will be located in the fi-ont yard. Authorized Signature 4 OF SOUTHOLD }ING DEPARTMENT q HALL 'HOLD, NY 11971 (631) 765-1802 (631) 765-9502 oldTown.NorthFork.net ned__ ~, 20~ ,ved__ .__ ~,20 __ ,proved a/c~-~- BUILDING pE~r~'"' ....... Do you have or nee~e following, before applying? l oard of/lll - 4 sets of Building Plans~ planning Board appmval~ - Septic Form N.y.S.D.E.~._ Trustees_ __ Flood Permit._ ~ ~ Storm-Water Assessment Form~ Contact: Mail to:. Phone: etlon__ ~, 20~ ' -- APPLICATION FOR ,.I ILDING pERMIT ~ BCD5 ?~.??,',a, n ~ .... '- :- :~ and s ~bmiRed to the Building Inspector with 4 ~~completely filled m by v wruer or m m~ s of plus, accurate plot pl~ to scale. Fee according to sc d~ :e.. -~*;~nd';i, ~o adjoining p~mises or public s~eets or b. Plot pl~ showing location of lot ~d of buildings~ ~ remises, t~,~, :~, ~d wate~ays, by ~is application may not be ;~ a xenced before i~ ~ race of Building pemit. e. ~e work covered x ::or will issue a ~ iiding pe~it to ~e applic~t. Such a pe~it d. Upon approval of this application, the Bu'ldi~g ' ' tall be kept on the premises available for inspection th:c v t he work. e. No building shall be occupied or used i,~ v, r,~ , ~ ~ for ~y puff >: what so ever until ~e Bulldog Inspector ;sues a Ceaificate of Occup~cy. :z. d has not corn :..ced within 12 monks ~er ~e ~te of L Eve~ building permit shall expire ¥ ~ ~ ; o , ;t ~ amendmenB or other re~lafiom ~ecting asu~ce or h~ not been completed wthiu ~ 8 ~'c~xt~s ) t' . ate. If no mni~ in writing, the extension of the ~it for ,rope~ have been enacted in the interim, the Bt~ifi: ,' ~ ,~ ~ay au~orizc :ddition six monks. ~er~aaerh~'~ksht~~'.'~ ilc ~ { [rtment tot tl': ....... ~fa BuildMg Pe~it pursuit to ~e - APPLICATION IS ~ ' . ' Bmldmg Zone Ordinate o ..... :~a;,~ ~d I is a' sations or for re~ ~,.v ~1 or demolition ~ helm de~ribed. Regulations, for the cons~cUon oxuu.u,..8o, .. applicant a~ees to comply wi~ all applicable laws, ordin~ce~ building code ~ ring code, ~d regulation, ~d to admit authorized inspectors on premises ~d in building for necessa~ inspections. C odi ~lio agent Be~ecc - ~ ~(~m$ ~s of sppli~t) ~ Box 386, wading River, ~ 11792 State whe~er applicam is owner, lessee, agent, ~ck~tect, engineer. ~cneral cc n~actor, elecffici~, plmber or builder Nme ofomerofpremises~GOSeph and Bes~Se La Vec (As on ~e tax ~ ~{1 or 1~ lest deed) If applic~t is a cowormion, signa~e of ddy au~orized officer ~me ~d title of co,orate office9 Builders License No._ Plumbers License No. Electricians License No._ Other Trade's License No._ I. Location of land on which proposed w~zk will be done: 908 Birdseye Road, orient, NY House Number Street County Tax Map No. 1000 Section_ Subdivision_ 17 Hamlet 2 1.5 Block Lot ' Filed M*~ No._ Lot 2. State exist~ ~?e and occupancy of premises and ! ':taded use and occupancy ofpropl~,ffl~truction: a. Exis6 g use and occupancy single : nil¥ dwellinq b. Intan&t use and occ..upancy_ same 3. Nature ofwork (check whic!~ '~plicable): New Bt ,ing_ Repair .~__Remox ~_ Demoli - a 4. Estimated Cost If dwelling, numb,a ofdwellin[ If garage, numl',,or of ears 6. Ifbusiness, cdmmemialormixe,` .. ~ cy, specify _ Fee Addition Alteration __Other Work ±nground pool (Description) (To be paid on filing this application) I ~mber of dwelling units on each floor ture and extent of each type of use. 7. Dimensions ofexisfing:structm.es, k '; ny: Front Rear Height __ l, ~ -- -- Depth - i. ~er of St6ries . Dimensions of same structure wi alterations or ac itions:: Front Rear Depth. H~ : ,t .Numl:er of Stories 8. Dimensions of entire new conSmcti ~: Front_ . . Rear Depth Height _N~ ~ber of Stories~_. ' ~' -, 9. Size of lot: Fmnt~ 10. Date of Purchase I I. Zone or use district in which premises .l~..D0es?roposed con, 't?tion violate il.S., Will lot'i~ r~ ,, 'x NO Name of Arch: Name of Cont,.~ _Depth _ ' eof Former ' 2 dtuated_ ~ ~ ar:d R-80 oning law, o~ r race or regulation? YES x NO~ excess I . _ ~Addr:~, t -rS--- Addre~: .~Addr 15 a. Is this property whN:. i09:7:.. ~ {i~:; * IF YES, SOUTHOLD TOWN ! k k rE/ b. Is this property within 300 feet ox "{ * IF YES, D.E.C. PERMITS MAY BE '~5 2U. ? return:, from premi, ,es. YES NO x .Phone No._ ~v~t?~-----PhoneNo ~ ~ · ~ _Phone No.--' 2, - 6 312 ; water u, tland? *YE'SX :' - ; ' FS MA" BEREQ[ I~ED. '; '" NO _x NO 16. Provide survey, to scale, with accurat, - .s. da · plan and 17. If elevation at any point on property i: ii ' :) rE, ~r below, must. 18. Are there any covenants and restrictior;., ith re.,Tect to this pro]: · IF YES, PROVIDE A COPY. propert? lines. topogr lphical data on survey. X YES NO STATE OF NEW YORK) SS: COUNTY OF Suffol~ Jodi Giglio (Name of individual signing contract) above i (S)He is the_ Aqent for La Ve¢chia ~ :lng duly sworn, dq: ~ ; and ;ays that (s)he is the applicant (Contractor, Agent,- :orp~ .; ~er, et~.) of said owner or owners, and is duly authorized to pc ,tm: have performed ~ ,. d work and to make and file this application; that all statements contained in this application are tn ": best of his knowl. I ', md belie/} and that the work will be performed in the rammer set forth in the application l ! ~ ) ewith. _me thi~ ~ 201'6 ~0 ~ooh~c{ 2 { ~ ~ . ;%, ,~'eofApplicant APPLICATION '~ SOUTHOI]) TOWN BOARD OF ~EALS p~e~ED 0~ Not~: ~C~1000Secflon~ Block2 Lot(sL ~.~ ~Lot~ize ~0~2~0 N~: In ~ pl~ ~mpl~e ~ow ~f applic~on Is signed ~ sppl~nt's at~, ~ent, archl~c~ builder, con.act for ( ~J ~ner, or ( ) Other: Agent's Address:_ PO Box 386, Wading River, NY 11792 Telephone. 631-445-5907 Fax#: Email: jodigiglio@optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [3 Applicant/Owner(s), or [3 Authorized Representative, or [] Other Name/Address below: ~ Building Permit [] Certifieate of Occupancy I~ Pre-Certificate of Occupancy Cl Change of Use [] Permit for As-Built Construction UOther.. and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Artiele, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) A~lcle~III Section 280- 15 -- Subsection. TYpe of Appeal. An Appeal is made for: ~l A Variance to the Zoning Code or Zoning Map. ~ [3 A Variance due to lack of access required by New York Town Law-Section 280.A. [3 Interpretation of the Town Code, Article [] Reversal or Other Section~ ~oP. ri°raPyP~"h...a, sTot. beenmadeatanvtimewithr~specttothi asst~'-'--------- ~ -- · (~'tease ne sure to research befor ......... s 0ronerty~ UNDER Appeal -.-,,c~) c~ ~-) ,~, ~ compwttng thts question or call our oft~ce for REASONS FOR APPEAL ~#~4!_d_~_nal ;I;6,~ tnav be used with v;~,..r#'s signature): FE~ I 3 ? ii '! ~. .,IREA V.4RI/INCE RE,4$ONS: ~OARD OF APPEAI~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Applicant is requesting a pool in the front yard. There are other homes in this unique neighborhood that have their pools in various locations. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other .than an area v.arlan, ce, because: The Iot is unzque and xs ~mproved. There is a circular driveway in the rear yard which prohibits placement of the pool in that location. (3) Theam°untofrellefrequest~isnotsubstan~alb~ause: The lot is situated on a right of way and the pool would be from that right of way placed anywhere on the lot. seen (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The applicant is proposing the installation of a dry well landward of the wetlands. (5) Has the alleged difficulty been self-created? ( )yes, or ( ](}No. Are there Covenants and Restrictions concerning this land: [~ No. [] yes (t~g~e furnislt cool,) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check tMs box ( ) IF M USE E4RZ4NCE lis BEING RF-.OUESTED, /IND pI~.,IS,~KCOMPLETE ,4TE4CHED USE F~IPJ,4NCE SHEET: (Please be sure tO~Col~.s~l-tyOur )~.,~ ~ THE ~Slgnature of Appellan~-O~ent Sworn to b~fore me this-- (A~enl mast ~bmlt wrlnen Au~bo~tatlon f~ day of ~--.~0~__. , APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Joseph and Leslie LaVecchia Date Prepared: I, For Demolition of Existing Building Areas n/a Please describe areas being removed: ~ECEIVED FEB :i ~OARD OF APPEALS January 31, 2013 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first flour extension: Dimensions of new second floor: Dimensions of flour 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 ex~'a sheet if necessary). Please describe build/ng areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building a~eas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage ofyonr lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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 seven (7) photos, labeled to show different angles ofyard areas after staking corners for new construction), and photos of building area to be altered with yard ~iew. 7/2002; 2/2005; 1/2007 ~ECEIVEE~ QUESTIONNAIRE FOR l~f .1~G ~ YOUR Z.B.A. APPLICATION BOARD OF APPEALS Is the subject premises listed on the real estate market for sale? 0 Yes ~ No Are there any proposals to change or alter land contours? ONo ~Yes, please explain on attached sheet. Applicant may require a retainin9 wall for proposed pool 1) Are there areas that oontain sand or wetland grasses? ..~.~_ ~ ......~-,. 2) Are these areas shown on the map submitted with thiS'~l~'p'[ic~'t]~n~.~-- -~ -~ff t~ ~orth 3) Is the property bulkheaded between the wetlands area and the upland building No area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes inquiry or application with the Trustees: Applicatlon .... ~lease c?nfn-m status of your w~-~oe maae upon ZBA npproval and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no Are there any patios, concrete barriers, bulkheads or fences that ex~st and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concernin ' If yes, please submit a con., or...,,. ~--:~: .... g your premmes? no Department and describe:r~ '~" o..umg pcrm:t aha map as approved by the Building G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel sinqle family dwell±n~ ?±~h deck ~'-- ao~'~opused use D (examp~ existing:~..~n~e '~r~ed: ~ne wi~h garage or pool, or other description ) Authorized Si~e ~.te -"-- ' 2/05; 1/07 617.21 · ~ppendlx C State En~renroental Quality R~vlew SHORT ENF1RONMENFAZ ,~$E$$MENT FOR3~ For UI~ISTED ,4 CTiOIY$ Only RECEIVED FEB 1 2012 BOARD OF APPEALS PART I - Project Information (To be coroplete by Applicaat or Projcct'sponaor) · 1. Applicant I Sponsor 2. Project Name F Joseph and Leslie LaVecchia ] 3. Project ~0~u,,: Munidlpattiy Counly 908 Birdseye Drive, Orient, Suffolk 4. Precise location (81rest address and mad intersections, prominent landman~s, etc. or provide map) 908 Birdseye Drive, Orient (private right of way) off of Main Road 5. la proposed action: I~X ) NEW ( ) EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe project briefly: requiring Zonin9 Board of Appeals and Town Trustees IApplicant proposes to construct an in 9round pool. in t'he front yard 7. Amount of land affectnd: Inltlafly: acres: Ultimately: · Will pm0used ,=~,.u,, comply wlin existing or other existing land use restrictions:( ) YES Needs ZBA ( ) NO If No, describe briefly: 9. What Is present land use in vtcinl[y of project: (describe): l(./~- ) Res~C,e,,[i~ { ) indus/rial ( ) Commercial ( ) Agricullura/ ( ) Park/Forest/Open Space ( ) Other 10. Does action I~volve a permit approval ~ funding, now or ultimately Imm any other GovemmeMal agency,(Federal' State or Local) ? ( ) YE8 (X) NO If Yes. list agency(s) and permit/approvals: ] 1. Does any aspect of the action have a cu~e,,~y valid permit or approval? ~ifsl ager~cy(s) and pem'llVspprov~ls:~ I certify th~sflon provided above Is true to the bssto--~'~yymykn, owledge -. If the action is In the Coastal Area, end'You a~ a s~ate agency, complete the Coastal Assessroent Form before proceeding with this assessroent ~ECEIVED FEB 1 2013 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 8OARD 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 500feet ora farm operation located in an agricultural distrlcL All 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: T ~ {-- 2. Address of Applicant: 3. Name of Land Owner (if other than Applic_ant): ~-~ 4. Address of Land Owner: d~ © ~ 5. Description of Proposed 6. Location of Property: (road and Tax sap _ 7. Is the parcel within 500 feet of a farm operation? ~ Yes ~ No 8. Is this parcel actively farmed? { } Yes ~,No 9. Name and addresses of any owner(s) of lahd within the agricultural dis~ict 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 R~verhead. NAME and ADDRESS (Please use the back of this page if there are additional property owners) Signature of~ ~ 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 stat~nent. 2. Comments returned to the local Board will be taken into 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 mailing shall be paid by the Applicant at lhe time the application is submitted for review. (~ast name, first name, middle initial, unless you are applying in the other entity, such as name----of some-~ne else or a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check al/that apply.) . Variance X Special Exception ~ -- *Other Approval or Exemption ~ from plat or official map Change of Zone ~ -- - Tax Grievance - ~ -- '~If"Other', name the activity: -- - Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship w/th any officer or eraployee of the Town of $outhold? a~P-3_~.~hin~ in whic the Town officer r em "Rela~ti~ oration the Town officer or em o ee owns more than ~ NO X ...... If you answered "tiES"; complete the balance of this forrn and date and $ign Where indicated. Name of person employed by the Town of Sonthold: Title or position of that person: Describe that relationship between yourself (the app]icant, agent or contract Town officer or employee. Either check the appropriate line A through D (below) und/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child ia (check all that apply): ~ _ A) the owner of greater than 5% of the shar~ of the corporate stock of the applicant (when .the applicant is a corporatidn); ----_____ B) the legal or beneficial Owner ofan~, interest in a non-corporate entity (When the applicant is not a corporation); ~ . C) an officer, director, partner, or emp[oyee of the applieant;'or D) thc actual ~ applicant. DESCR.[PTION OF RELATIONSH/p ' AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM FEB 1 3 2013 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 name, first name, middle initial, unless you a"~pplying in the name of someone else or other enfit~, 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 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 off~cer 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 Signature Print Name __ day of 20__ Town of Southold A. INSTRUCTIONS ~LWRP CONSISTENCY ASSESSMENT' FOR/M FEB 1 3 20B BOARD OF APPEALS SCTM# 17 1. All applicants for permits* including Town of Southotd 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 permit~ not located within the Coastal Erosion Hazard Area. 2. Be. fore answering tho questions in Section C, the preparer of this form should review the exempt minor action list, policies and e.xplanations 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). 3. If'any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action shoifld 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 !.s.°ut.h°ldt°wn-noffiffork.ne0, the Board of Trustees Office, fl~e Planning De artment website !tbranes and the Town Clerk's office. P . , all local DESCRIPTION OF SITE AND PROPOSED ACTION 2 1.5 The Application has been submitted to (check appropriate response): TownBoard [] Planning Board ['-'] BulldingDept. [] BoardofTrustees [] ZBA X 1. Nature and extent of action: Category of Town of S outhold agenoy action (cheek appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] e°ns~trueti°n, plarming activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [] ~6)-'~'~ ,T-approval, license, cortificati6-fii ........: ........................... '-~-'-~ ...... proposed in ground pool ~ - Attach additional sheets if necessary 'Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of Southold. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria [] Yes [~ No [] Not Applicable ~£C~i~/~O ~; ~-~ FEB l ~ 20~3 Attach additional-~eets 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 A-~cach ad~dit~ts if ne~-'-~essary Policy 5. Protect and improve water quaffty and supply in the Towu of $outhold. See LWRP Section III - Policies Pages 16 through 21/'or evaluation criteria [] Yes [] No [~Not Applicable Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including S~lgnificant Coastal Fish and Wildlife Hah and through 32 for evaluatio~-~-r~'riteri'--~---. ---- Rats wetlands. See LW~ ~9gti~.T ~lig~l Pa~ Location of action: Site acreage: Front yard private road Birds Eye Road Present land use:. Present zoning classification: AC/R- 80 ~.ECEIVED .833 acres single family dwelling w deck FEB i ~OARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: . Joseph and Leslie LaVecchia c/o Bennett Enterprises (a) Name oI appncanu Co) Mailing address: PO Box 386, Wading River, NY" 11792 (c) Telephone number: A. reaCode( ) 631-445-5907 (d) Application number, if any:. Will the action be.directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[k--J If yes, which stateor federal agency?__.__.~ C. D~EVI~.LOPED COAST POLICY Policy..1, Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~]Yes [] No [] Not Applicable Altach additional~h~ets if n~ecessary Secti~on. IH - Policies Pages 3 through 6 for evaluation criteria 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. [] Yes ~ No ~-] Not Applicable A~-~ch additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Y. es ~-] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, .coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section/II - Policies; Pages 38 through 46 for evaluation criteria. ~'] Yes ~ 1No [~ Not Applicable At~ach additional sheets if necessary ..... ................................ ................... Policy 10. Protect Southold~s wate- ' - .... r dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~-~ech-additional sheets if necessary ~ECE'tVED ~OARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic ~stuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~] Yes ~] No [] Not Applicable Attach addit/onal sheets if necessary -- Policy 12. Protect agricultural lauds in the Town'of Southold. See LVVRP Section III - Policies;. Pages 62 through 65 for evaluation criteria. [] Yes ~ No [] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-] Yes [] No ~ Not Applicable Created on 5/25/05 11:20 AM 3outhold 'l own Iloa lo MAiN ROAD- GTATI= ROAD 25 S[3UTH~3LD, L.l.. N.Y. 11¢71 TELEPHONE (516) 785-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3097 Application Dated March 10, 1983 (Public Hearing held 4/20/83) TO: Irving L. Price, Jr., Esq., att6rney for [Appellant (s)] ~R. AND MRS. ROBERT DEVOE 828 Front Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held 'on Apki~ 27, 1983 the above appeal was considered, and the action indicated below was taken on your IX] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for The public hearing on t_his matter was held on April 20, 1983. Upon.application 'for ROBERT and JOA~NE DEVOE, by Irving L~ Price, Jr., Esq.', '8'28'Front Street, Greenport, NY, for a Variance tO Section 280-A, New York Town Law, for approval of access over a private right-of-way located off the north side of Mai~ ,(S.R. 25) Road, at Terry's Point, Orient, NY~ Parcel in Question: Subdivision Lot 3 of minor Subdivision of Jonathan D. Stern; County Tax Map Parcel No. 1000-17-02-001.2. The board made the following findings and determination; By this appeal, appellants seek approval of access over a private right-of-way con~nencing at a point located at the north~side of the Main-Road and extending northerly approximately 480 feet to the begin- ning of the Subdivision of "Jonathan D. Stern at Orient". The right-of-way extending within the subdivision in question is not within the purview of this board. The 480' right-of-way as shown on survey submitted with this application surveyed by .van Tuyl and Son June 25, 1970 has a legal width of 33 feet and has a varied traveled, improved width of between nine and 12 feet. The macadam tcp course is broken in some areas. Also, for the record i% is noted that the subject right-of-way is traversed by a large number of residents in the areaiand is the legal access to these parcels and possibly others alonglabutting rights-of-way. In considering this appeal, the board determines t~at the variance request is' not substantial in relation to the requirements of zoning; that the circumstances are unique; that by allowing the ivariance no substantial detriment to adjoining properties will be created; that the difficulty cannot be obviated by a method feasible for appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in view of the manner in which the difficulty arose and in considerati(,n of all the above factors, the interests of justice will be served ],y allowing the variance as indicated below. DATED: .{CONTINUED ON PAGE TWOk May lZ, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Fox~a ZB4 (rev. 12/81) Page 2 - Appeal No. 3097 Matter of ROBERT AND JOANNE DEVOE Decision Rendered April 27, 1983 Pd~CEUJED AND FfLED T~ SOUTHOLD TOWN CLm~ D~-2/~ BOARDOFAPPEALS On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3097, application for ROBERT AND.. JOANNE DEVOE for approval of access, BE AND HEREBY IS A~pROVED SUBJECT TO THE FOLLOWING CONDITIONS:' 1. That on the first 148 feet, more or less, of macadam be patched with bituminous material where necessary; 2. That on the next 265 feet, more or less, of medium-size gravel course, have placed thereupon 4" of compacted medium-size gravel (similar to present gravel) 12 feet in width; 3. That the next 82 feet, more or less, of concrete be repaired or replaced with other materials, if and when damaged. Location of Property: subdivision Lot 3 of Subdivision of Jonathan D. Stern at Orient; County Tax Map Parcel'No. 1000-17- 02-001.2. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent due to illness. This resolution was unanimously adopted. APPROVED -. · ACTION Or TH~ ~ON~O BOAB~D OF A~PEALS ~No. 2179 ~ AUgUSt 13, 1976 A~]ON OF ~ ~ ~ OF AP~ OF ~ TO~ OF ~O~ To Jonathan D~ Stern Main Road Orient, ~ FEB 1 20 3 BOARD OF APPEALS Appellant September. 2, 1976 ................... of the Zo~ Ordinance a~d the decision of the Bulld~ng Inspee~r ( ) be reversed ( ) be eot~inned b~eauso 8:20 P.M. (E.D.S.T.) upon application of Jonathan D. Stern, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance,. Artiole IIl, Section 100-30 & Bulk ScheduLe for permission to change lot lines in a minor subdivision. Location of property: Private Road off north side Main Road, Orient, New York, bounded on the north by Long Island Sound; east, south, and west by other land of applicant. SEE REVERSE (b) The hardship created (is) (is not) uniqu~ and (would) (would not) be shnred by all propel. Oes (would not) SEE REVERSE and therefl~re, it was further determined that the requested variance ( ) be granted ( ) be denied and APPRO D / FD3 1 3 ~OARD OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to change lot lines in a minor subdivision, Private Road off north side Main Road, Orient, New York. The findings of the Board are~that the proposed change will increase the size of Lot %4, increasing the waterfront of this lot from 100' to 170'. The size of Lot %3 will be decreased from 48,000 sq. ft. to 44,000 sq. ft., decreasing the waterfront of this lot from 180' to 150'. The size of Lot %2 will be de- creased from 47,000 sq. ft. to 42,000 sq. ft., decreasing the waterfront on this lot fro~ 190' to 150'. This will not change the frontage on the right-of-way on any of these lots in the minor subdivision. The Board feels this will /mprove the char- acter of the subdivision by including the point in the whole of Lot #3, rather than having the division between Lot %3 and Lot %2 split the point. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THE~EFOI~E IT WAS RESOLVED, Jonathan D. Stern, Main Road, Orient, New York, be GRANTED permission to change lot lines in a minor subdivision, Private Road off north side Main Road, Orient, New York, as applied for, ~ubJ~t tc P!~!n~ ~c~r~ Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. P, ECEIVED AND FILED BY SOU'mOLD aumx DA~. HOU~//.*~, A/ ~, T~ ~ ~mo~ ~ECEIYED FEB ! 3 2013 BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) (Print prope~ owner's name) (Mailing Address) do hereby authorize ~ ~D [~ - (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Off~ce of the Bulldlng Inspector Town Hall Southold, N.Y. FEB 1 Z013 BOARD OF APPEALS CF~TIFICATE OF OCCUPANCY No Z17185 Date AUGUST 10~ 1988 THIS CERTIFIES that the buIlding. ONE FAMILY DW~L[,ING Location of Property 1200 PVT. RD. # ~ ~BIRDS EYE RD} ORIENT House No. Street Hamlet County Tax Map No. 1000 Section 017 Block 02 Lot 1.5 Subdivision J.D. STERN Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 13, 1987 pursuant to which Building Permzt No. 16036Z dated JUNE 9~ 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate issued is ONE FAMILY DW~.T.T.ING~ ATTACHED GAR~E AND DECK. The certificate is issued to STE%~/q J.N. CHIERCHIE (owner, of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 86-SO-250 JULY 7r 198S UNDERWRITERS CERTIFICATE NO. H002653 APRIL 21~ 1988 PLUMBERS CERTIFICATION DATED ROBERT BERTORELLO JULY 9~ 19S8 8uildzng Inspector Rev. 1/81 TOWN OF SOUTHOLD PROPERTY RECORD CARD /~- 2 OWNER i STREET ~::~ ~)~ VILLAGE SUB. LOT ACR. FO~MEROWNER q ' N ~-.~d ~,~j E '~."~o~ ,~2~ ~ S W ~PE OF RES. ~/~ S~S. VL. FAR~ CO~. CB. ~ICS. ~kt[ V~lue ~ND IMP. TOTAL DATE R~RKS /~- .,~', ,' /~ er /o o o 4~e/?9 ~ 31z~t7~ (,~ ~e 17~ ~, ~'/.pa 7~oo~. (.~$~. r~,~. ' ~ ~ ~ 2013 Tilloble FRONTAGE ON WATER W~dlond FRONTAGE ON ~ Meodowla:nd DEPTH ~V House Plot / ~ ~ . '.. . .,,~ ,, BULKH~D Toro I BOARD OF APPEALS TRIM Garage Patio aa B, Total -.17.-2-1.5 6/11 Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Both Floors Interior FiniSh Heat ~,ooms Ist Floor Rooms 2nd Floor Driveway Dinette · LR. DR. 3R. l FIN. B / _~'own of Southold P.O Box 1179 Southold, NY 11971 Date: 02/14/13 Transaction(s): 1 1 * * * RECEIPT * * * ZBA Application Fees Receipt~: 146550 Reference Subtotal 6634 $500.00 Check#: 1981 Total Paid: $500.00 Name: Lavecchia, Leslie L 21Kolbe~ Drive Scarsdale, NY 10583 Clerk ID: CAROLH Internal ID: 6634 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 14, 2013 Zoning Appeal No. 6634 Transmitted herewith is Zoning Appeals No. 6634 of Jodi Giglio for J & L LaVecehia- 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, Notice from Disapproval from Building Department Dated January 23, 2013, Copy of Application for Building Permit Dated January 14, 2013, Two Page Copy of Action of the zoning Board of Appeals No. 3097 Dated March 10, 1983, Two Page Copy of Action of the Zoning Board of Appeals No. 2179 Dated August 13, 1976, Authorization Letter from J & L LaVecchia to Jodi Giglio, Copy of Certificate of Occupancy No. Z 17185 for One Family Dwelling Dated August 10, 1988, Copy of Property Record Card (Both Sides), Four Pages of Photos of Property, Copy of Survey Showing Dated January 3,2013 Prepared by Nathan Taft Corwin III-Land Surveyor, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2-14-13 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6634 LAVECCHIA, J. 1981 $500.00 RECEIVED FFR 1 4 Southold Town L'lerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: Thank you. ES 20 Main Street Easl Hmnpton. NY 11937 631324 1200 Twomey, Latham; Shea, Kelley, Dubin & Quartararo LL? A T T 0 R N E Y S A T L A W MAILING Al)DRESS: Post Office Box 9398 Riverhead. New York 11901-9398 MAIN OFFICE: 33 West Second Street Riverhead, New York 11901-9398 Telephone: 631.727.2180 Facsimile: 631.727.1767 wwxv. suffolklaw.com ddubin~suffolklaw.com Extension 230 VIA FACSIMILE AND FIRST CLASS MAlL Town of Southold Zoning Board of Appeals 53095 Route 25 Southold, NY 11971 Attn.: Chairperson Leslie Kanes Weisman April 17, 2013 RECEIVED APR 1 8 7_013 BOARD OF APPEALS Re: Zoning Board of Appeals Application No. 6634 Applicant: Leslie L. LaVecchia Premises: 908 Birdseye Road, Orient, NY SCTM#: 1000-17-2-1.5 Dear Chairperson Weisman and Board Members: As explained in our letter to the Zoning Board of Appeals dated April 4, 2013, our firm represents John Josephson, Carolina Zapf, and Interwellen Property Partners, LLC (hereinafter "the Josephsons"), the owners of 700,900, and 1515 Birdseye Road (SCTM## 1000-17-2-1.9, 1.11, and 1.14), and William Matassoni and Pamela Valentine (hereinafter "the Matassonis"), the owners of 1525 Birdseye Road (SCTM# 1000-17-2-1.2), whose properties are located immediately adjacent to the west, south, and north of the applicant's property. At the hearing on this application on April 4, 2013, we appeared and expressed our clients' concerns, including the proximity of the proposed swimming pool to the Josephsons' property to the west, and the need for an adequate buffer between the pool and the Josephsons' property, especially because of the variations in the properties' elevations. We received from Ms. Jodi Giglio a proposed landscape plan for the La Vecchia residence, dated April 10, 2013, which was prepared by Natural Images Landscaping, Inc. I have reviewed this proposed plan with our clients, and they have three comments I transmitted these comments to Ms. Giglio by email dated April 17, 2012. April 17, 2013 Page -2- First, there is no indication on the plan of the height of the proposed plantings, and the plan does not contain elevations. Without this information, especially the height of the proposed plantings, it is impossible to determine whether the plantings will serve as a meaningful buffer. Secondly, the variety of the trees proposed in the northwest corner of the applicant's property is cut off from our copy. We would like to know the identity of the proposed trees so that our clients can see that they will remain green year round. Finally, the plan does not show the distance between the pool and the applicant's westerly boundary line, which, we understood from last week's hearing, is required to be a minimum of 20 feet. Provided that the landscaping plan approved by the Zoning Board of Appeals includes the height and varieties of all proposed plantings so as to ensure a meaningful buffer between the pool and our clients' respective properties, and provided that the approved plan shows that the proposed pool is located a minimum of 20 feet from the applicant's westerly boundary line, our clients would not object to such plan. Thank you for allowing us to submit these comments. Please include this letter in the record of this application. DMD/ms Very truly yours, David M. Dubin ,~?R 1 8 ~ BOARD OF APPEALS cc: Jennifer Andaloro, Esq. L~O~' NUMBERS REFER TO MINOR SUBDIVISION FOR d.D b~TERN N/ O/ F' LINES TO NG~V Twomey, Lath m, Shea, Kelley, Dubin & Quartararo LLP A T T 0 R N E Y S A T k A W MAILING ADDRESS: Post Office Box 9398 Riverhead, New York 11901-9398 MAIN OI~FICE: 33 West Second Street Riverhead, New York 119069398 Telephone: 631.727.2180 Facsimile: 631.727.1767 www.suffi~lklaw, com ddubin~suffolklaw.com Extension 230 April 4, 2013 VIA FACSIMILE AND HAND DELIVERY Town of Southold Zoning Board of Appeals 53095 Route 25 Southold, NY 11971 Attn.: Chairperson Leslie Kanes Weisman and Board Members Re: Zoning Board of Appeals Application No. 6634 Applicant: Leslie L. LaVecchia Premises: 908 Birdseye Road, Orient, NY SCTM#: 1000-17-2-1.5 RECEIVED APf¢ ~ :. BOARD OF Ar..;;:,~ALS Dear Chairperson Weisman and Board Members: Our firm represents John Josephson, Carolina Zapf, and Interwellen Property Partners, LLC (hereinafter "the Josephsons"), the owners of 700,900, and 1515 Birdseye Road (SCTM## 1000-17-2-1.9, 1.11, and 1.14) and William Matassoni and Pamela Valentine (hereinafter "the Matassonis"), the owners of 1525 Birdseye Road (SCTM# 1000-17-2-1.2), whose properties are located immediately adjacent to the west, south, and north of the subject lot. At this time, the Josephsons and Matassonis would like to submit this written objection to Leslie L. LaVecchia's application for a variance to construct an accessory in-ground swimming pool in a "location other than the Code required rear yard" as described in the Legal Notice, which is currently pending before the Zoning Board of Appeals. The swimming pool is proposed to be located on the westerly side of the applicant's front yard, merely ten (10) feet from the Josephsons' property. A copy of the relevant Suffolk County Tax Map page showing the proximity of the proposed accessory structure to the Josephsons' and Matassonis' property is enclosed. PROPERTY ZONING The subject lot is located within Zoning District "R-40" and is non- conforming due to its size (.833 acres). It is also a corner lot with two roadway frontages resulting in two front yards. Southold Town Code Section 280-106. The location of accessory structures located within Zoning District "R-40" are limited to rear yards with a minimum side and rear yard setback of 10 feet for lots 20,000- 3%000 square feet in size. Southold Town Code Section 280-15. The Town Code appears to be silent as to a minimum front yard setback required for accessory structures (probably because they are not permitted) and, while nonconforming lots are granted reduced setback requirements for principal buildings, there are no reduced setbacks allowed for accessory structures. Southold Town Code Section 280-124. The use of a minimum side yard setback is only allowed within a front yard if the owner of a lot "does not have the right to use or travel over a bordering street, right- of-way or street line", however, the last deed of record for the applicant's lot grants a right-of-way over the northerly and westerly portions of the private roadway that abuts their property. Southold Town Code Section 280-4. A copy of the applicant's last deed of record Liber 12710 Page 25 is enclosed. Therefore, this exception does not apply to the subject lot. It is unclear why the applicant chose a setback of 10 feet from the front yard lot line, which is the minimum allowed setback from the side and rear yard lot lines, / / especially since the pool can be located further to the east and centered o~]'V~D applicant's property, without such an impact on our clients. ZONING BOARD OF APPEALS CRITERIA BOARD OF APPEALS Our clients do not object to their neighbor's proposed construction of a swimming pool in their designated front yard, however, they strenuously object to the proposed location which is merely ten (10) feet from their property. The proposed position of the swimming pool is located too close to the property line shared with the Josephsons and will cause a detriment to nearby properties, particularly the Josephsons' and Mattasonis' properties. The variance sought by the applicant can be achieved, however, without such a substantial detriment to their neighbors by moving the pool easterly to the center of their lot. The variance requested is substantial in that the applicant is seeking to locate the proposed swimming pool ten (10) feet from the front property line when the Town Code does not allow accessory structures in the front yard at all. In addition, it appears that any swimming pool located in the front yard of other properties in this neighborhood is setback from the front lot line significantly further than the proposed 10 feet. Lastly, the requested relief is self-created. The applicant purchased the subject lot on October 18, 2012, and at that time knew or should have known that the property was limited in its use by two front yards due to being a corner lot as well as the difficulties that would be associated with constructing accessory structures in those front yards. In conclusion, provided that the applicant agrees to move the pool towards the center of their lot and thereby reduces the impact upon the Josephsons and Matassonis, and provided the applicant agrees to a buffer that will provide year round screening, our clients would not object to the instant application. Thank you for the opportunity of allowing us to submit these comments. Please include this letter in the record of this application. Very truly yours, David M. Dubin DMD/dq Eric. RECEIVED :~ BOARD OF SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument.' DEED Number of Pages.' 3 Receipt Number .. 12-0124681 TRANSFER TAX NUMBER.' 12-07228 LIBER: D00012710 PAGE: 02 5 District = Section ~ Block: Lot: 1000 017.00 02.00 001.005 EXAMINED AND CHAROED AS FOLLOWS Deed Amount: $1,040,000.00 Recorded: 11/01/2012 At: 11~19:34 AM Received the Following Fees For Above Instrument Exempt Exemp~ Page/Filing $15.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHO $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-554 $5.00 NO Notation $0.00 NO Cert.copies $0.00 NO RPT $60.00 NO Transfer tax $4,160.00 NO Mansion Tax $10,400.00 NO Comm. Pres $17,800.50 NO Fees Paid $32,610.00 TRANSFER TAX NUMBER: 12-07228 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk Count, 0~35 RECEIVED APR 4 2013 BOARD OF APPEALS Number of pages TORRENS Dl~or Cfi. # D~cd. Morlgage ]n$1mmem B- Deed / Mortgage Tax Stamp ~EES Page / Piling Fee TP-584 Notation EA-5217 (Coumy) EA-52 ] ? (Sta~e) Comm, of Ed. Certified Copy Reg. Copy Sub Total 5. 00 __ Sub Total 4 Dismct 1202~474 iooo OtTOO 0200 00i005 .~/ Real Property Tax Setvic~ Agency Verification 1 List Pm~ny Owners M~ling Add,ss Sails faction~isch~ges~elease RECORD & RETURN TO: Title Company Info.etlon Mortgage Amt. ' 1. Basic Tax 2. Additional Tax Sub Tolal Spec. / Assit. Of S[~c. / Add, TOT. M'TG TAX Dual Town Dual Coumy Held for Appoimmenl Transfer Tax ~0. ~ ~ ne pr p ny covered by h s motgage is or will be improved by a one or two family dw*lling only. YES or NO  e appropriate tax claus on of this instrument. ..- /0 -/,~/~ Communlt~ Preservation Fund Consideratio~ Amount RECEIVED This page forms pa~ of the attached Suffolk County Recording & Endorsement Page UO^RD OF ACPE^C$ (SPECIFY TYPE OF INSTRUMENT) The premisis herein is siluated in SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE or HAMLET of Orien~ BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Pa~ri¢la ~arti~ ~)~; TO DIST1000 BLK 02.00 THIS INDENTURE, made the~a~'dJ;y of OC,~ , Two Thousand and Twelve BE~EEN, Steven J. N Chierchie, residing at ~210 Middle Road, $outhold, New Yo~ 11971,and Patricia Matin f.k,a, Pat~cia B. B, Chierchie residing at 1510 E. Gflle~e Ddve, East Madon, New Yo~ 11939 pa~ of the fi~t pa~, and Joseph D. LaVecchia a~ Lesl~ L LaVecchia ~ ~ ~5~ ~ ~'l~ resting at 21 Kolbe~ D~e, Scamda~, N~ York 10583 pa~ of the ~nd 2. N~4~ 12~ ~ ~1.~ ~ 3. N~ ~~ ~ 213~ ~ ~; ~ENCE ~ ~ ~ ~ ~, ~ 7 d~ ~ ~ ~ ~s ~ ~.0 ~ RECEZVED ~PR 4 2013 BOARD OF APPEALS S3'AT E OF NEW YORK, COUNTY OF SUFFOLK SS.: On the ~ 'J~r~day of ~c~'[~'~ . 2012, bek~e me, the unde~gned, pa~nally ~ Ste~en J. N. Chie~chie. sai~-facto~y ~ ~ be ~e i~r~dual writhe name is (are) he/she~hey executed the aa~n~ ~ his/ne(f~bel~ ¢al:acity(les), and that by his.,he~r signa~ure on the ~lstrumen~ ~e individual, ~' the pe~s~n ~won behalf of whish the indbidual ac~:l, exect~d ~e ins~Jment N~ STATE OF NE'W YORK, COUNTY OF SUFFOI.~ SS.: 0~1 the/'~ da,f ~ ~1~/ , 2012, be~m rne, the undemigned, pe~s~ally appeared ~ Ma~n~, pe~or~b e~ecut~d the same in hm~na'~l~r ,"-~-,~'~. iss), end tha by his~ner~ s~nat[z~ Oil the ill--t, the~iduaJ. (3' the ST~YORK. COUNTY OF SUFFOLK ~ the hc[i~4~J(s) who~e rw~-~,~ ~ (am) ~J~c~bed ~o the SECTION 017.00 BLOCK (3'2.00 EOT 001.005 Steven J.N. Chisn:hie & Park:ia Matin f:~Jof ~ BB. Chien;hie TO Joseph Q LaVecohia & Lesrw L LaVecch~ RETURN BY MAIL TO: 206 Roanoke Avenue Riverhead, New Yo~k 11901 RECEIVED 150ARD OF APPEALS Taxation and Flnan~ I I ~ I '~P~' 4 201~ BOARD OF APPEALS ISLAND N APPLICANT'S PROPERTY - (SCTM#: 1000-17-2-1.5) JOSEPHSON, NAPE, AND INTERWELLEN PROPERTY PARTNERS, LLC PROPERTIES- (SCTM#: 1000-17.2-1.9,1.11, and 1.14) MATASSONI AND VALENTINE PROPERTY (SCTM#: 1000-17-2-1.2) ~ ~,R 2'3 RECEIVED BOARD OF APPEALS NOT,CE I ~ COUNTY OF SUFFOLK S~ CTION 'NO 17 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 4, 20t3 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, APRIL 4~ 2013: 12:00 P.M. - LESLIE L. LaVECCHIA #6634 - Request for Variance from Article III Code Section 280-t5 and the Building Inspector's January 23, 2013 Notice of Disapproval based on an application for building permit for an accessory in ground swimming pool, at: 1) accessory in ground swimming pool is proposed in a location other than the code required rear yard, located at: 908 Private Road #2, (aka Birds Eye Road) Orient, NY. SCTM#1000-17-2-1.5 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vic ki.Toth~.Town. Southold.n¥.us Dated: March 11, 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 tt79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, April 4, 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 March 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 alii owners of property (tax map with property numbers encl6sed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts tn obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than March 25th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 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 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 Postinf:l for receipt by our office before April 2, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: LAVECCHIA, J. # 6634 SCTM #: 1000-17-2-1.5 VARIANCE: LOCATION REQUEST: IN-GROUND SWIMMING POOL DATE: THURS., APRIL 4, 2013 12 PM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) SCTM Parcel # 1000- t -~ ~)- ,~-[, ¢' COUNTY OF SUFFOLK STATE OF NEW YORK I, ~/~' F3~'0' %[ ~(-~' residing at [cC ( I~c'~ }~-'~ New York, being duly sworn, deposes and says that: AFFIDAVIT OF MAILINGS On the ~Dq'~ day of 1~¥,-~ ~ ,20{ 3, I personally mailed at the United States Post Omce in iY c- :C_ 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 ( ) Coumy Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) ~lSWOm to befor~ me this ay of %(';I ,20~2 b c) 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. r,,- (E~br~ment $3.t0 ~.00 ~F F ~PE~ I A L U $ E (Endor~emem R~u~reeJ I ~rPP~C~AL USE $0.66 0934 $3.10 $2.55 I ~F'GIAL USE I ,03/2012013 TotaJ P~. & Fee~ H. 211 Central Park W. Apt OK , _...J .......... ~'~6~;'RW I~2'4 .................. :" / ~¢;:: 'i :TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- I.'~ ~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ]/~i/(~2 ~0 Onthe Q.~('~ dayof residing at /_~ (/~ ~ 3(~r , New York, being duly sworn, depose and say that: ~\,a4 C, ~% ,201 -~, 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) days prior to the~ date of the subject hearing date, which hearing date was shown to be ~ ~ t~ ~-(-~ ~Swom to before ~e this 4~Day of ~c~ ~ ,201 ~ (Signature) * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Comp~e ~ns 1, 2, and 3. 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'COM (3 people unfriended you) : Your Headq~artar~ for Everything Shipping Page 1 of 1 · AdCholces [b* · USPS Tracking · Delivery Trackinq · Post Office USPS · Package Trackinq U.S. Postal Service - 70110470000261485912 Lost package? File a Lost or Damaaed Packaae Claim Packa§e Tracking Number: 70110470000261485912 Package Status: Your Item was delivered at 3:09 pm on March 23, 20t3 in NEW YORK, NY 10024. Brown Box Post Inc Same Day RUSH Delivery Service Serving NY, NJ, CT, PA, New England AdChoice~ [~,  Activity _~val at Uni_t_,?~rch 22: 20!3~, _7!~0_am, NEW YORK,_N__Y_ 10025 ........ arch 20,2013, 5:26 pm, CE NTER_M~_CHES, NY 11934 11:44 am, CENTER MORICHES NY 11934 · AdCholces ~. · Post Office USPS · USPS · Packaoe Trackino · Postal Trackino Was your tracking info useful? Recommend us if you think YESI ~ Rec°mmend i.~k~'i Save money next time you ship! Shipping Sidekick has a shiooin(~ rate calculator that allows you to get a real-time quote· Having a quick shipping rate comparison means you can find the best price! << Track More Packages! Shipping Industry News U,S. Postal Service Faces Fioht Over Endin(~ Saturday Mail Trade groups representing greeting card makers, paper manufacturers and newspapers are fighting to prevent the cesh~strapped U.S. Postal Service from dropping first-class mail delivery on Saturdays. Postal Service To Cut Saturday Mail To Trim Cosl,~ Postaoe Pdce Increase - Statue Prices Goino Uo January 27, 2013 Info on the 2013 USPS Postage Rate Increases Read more shiDDinq news... Return to the Shippin.q Sidekick Homepa.qe Open an Online Store FREE! Shiooina Sidekick HomeDaae Send Us an Email Press Releases Privacy Policy ComData Shiceina Rates Track Your Packaqes Advertise on Our Site Link to Shicoinq Sidekick Copyright © 2004-2013 Webplus, Inc. All other trademarks are properties of their owners. FedEx~ service marks used by permission. http://www~shippingsidekick~c~m/tracking2~wm~?shipp~r-~~usps&tracking-number-~=7~ 1104700002614... 4/1/2013 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 28th day of March, 2013. LEGAL NOTICE 11;1~ ~.M. - NICHOLAS and MARY SOUTHOLD TOWN AN~ONUCC! $~o38 - Request for Vari- ZONING BOARD OF APPEALS THURSDAY APRIL 4, 2013 PUBI~C HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 28~ (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Ha/l, 53095 ~M_a~n Road, Ed. Box 1179. Southold. New York 11971-0959. on THURSDAY APRIL 4. 2013: 9'.30 A.M. - KIMOGENOR POINT. INC. IBINGHAMI - ~6550 - Re- Ope0ed per Board Resolution. Based on the Building Inspector's March 5. 2013 Notice of Disapproval based on work performed is beyond the scope of the ZBA decision. 1) deemed a demoli- tion and construction of new single fam- ily dwelling, located at: 50 Jackson Street (adj. to Great Peconi¢ Bay) New Suffolk. NY. SCTM#1000-116-6-24.1 10:.15 A.M. - THOMAS SPURGE - 86615 - Re-Opened per Boaxd Resolu- tion * Request for Variance ~'o~. Article XXIII Section 28~124 and the Building Inspector's October 12. 2012. Updated March 5, 2013 Notice of Disapp~ova/ based on an application for building per- mit to demolish and construct new single family dwelling: 1) less than the code re- quired minimum rear yard setback of 35 feet, located at: 3145 Manhanset Avenue Greenport, NY. SCRM#1000-43-1-7 10-.45 A.M. - DOUGLAS C. and KATHLEEN M. FOLTS #6536 - Re- Opened per Board Resolution - Re- quest for Variance from Article XXII, Code Section 280-116B and the Building Inspector's February 11, 2013, Notice of Disapproval based on a building pemfit application for demolition and construc- tion of a new single family dwelling, at: less than the code required riprap set back of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cutchogue, NY. ance from Article XXIII Seciion 280-124 and the Building Inspector's February 21, 2013 Notice of Disapproval based on an application for building pcmfit for additions and alterations to existing single family dwelling: 1) less than the code required minimum front y~rd set- back of 35 ~t, I~m~d at: 770 Sh(pyard Lane (corner La.don Road) Southold, 2013 No~ice'O~f Disapl~oval based on an application for ~'~el~it fo~ an accessory in gtcamd i~g pool, at: 1_3_ week(s), successfully commencing on the fi~rincipal Clerk 2013. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. OI V06105050 Qualffied in Suffolk County My Commission Expires February 28. 2016 the-code required bulkhead setback of 75 feet, located at: 3055 WeIis Avenue (adj. to Jockey Creek) Southold, NY. 2:15 PM, - RICHARD FI~I'~?I J~40 - Request for Variances from Ar- ticle XXIII Section 280-124 and Article XXII Section 280-116B and the Build- ing inspector's March 1, 2013 ~Notiee of Disapproval based on an application for building permit for construction of a new single family dwelling: 1) less th~q the code required minimum single side yard setback of 10 feet, 2) less than the code required minimum combined side yard setback of 25 feet, 3) less than the code required minimum rear yard set- back of 35 feet, 4) more than the code permitted maximum lot coverage of 20%, 5) less than the code permitted bulkhead setback of 75 feet, located at: 680 Rabbit Lane (adj. to Gardiners Bay) East Marion, NY. sC'rM#1000-31-18-15 ~:40 P.M. - ROBERT and DEANA HNORA ~6642 - Request for Variance fr6m Article III Code Section 280-15 and the Building Inspector's February 15,2013 Notice of Disapproval based on an application for building permit to con- stluct accessory building, at: 1 ) accessory building is proposed in a location other than the code required rear yard, located at: 165 Orchard Street New SuffoIk, NY. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) ?65-9064 February 14, 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 XlV of the Suffolk County Administrative Code: ZBA File # 6634 Owner/Applicant: LAVECCHIA, J. Action Requested: Accessory inground pool in front yard. 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. Les e~K. NVeisma~'~' By: ~ ~.~' ~ ~v ' Bennett Enterprises, Consultsnt l-~ndl~l~nnln~ Permits P.O. Box 386, Wsdln~ River, New York 11792 TeL (631) 445-5907 Fax (631) 208--8165 April 11, 2013 Town of Southold Zoning Board of Appeals Town Annex/Firs Floor Capital One 54375 Main Road (at Youngs Avenue) Southold, New York 11971 RE: La Vecchia/908 Birdseye Road, Orient Case No 6634 April 4, 2013 Dear Chairperson Weisman and Board Members: As requested at the hearing, attached herewith please find 6 copies of a drawing showing the proposed plantings to serve as a buffer for the proposed inground pool. I am forwarding a copy of the drawing to David Dubin, counsel to the neighboring properties for his review and approval. Please schedule the continuation of the hearing for the next available date. If the next date is on a Thursday can you place us on the calendar for after 12:00p.m. Thank you, Managing Member RECEIVED APR 1 1 2013 BOARD OF APPEALS Enclosures BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-O959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY I 1971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 April 19, 2013 Jodi Giglio P.O. Box 386 Wading River, NY 11792 RE: ZBA Application #6634 - LaVecchia Dear Ms. Giglio: Transmitted for your records is a copy of the Board's April !.~8, 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. Vicki Toth Encl. Cc: Building Dept. ISLAND 22A NOTICE COUNTY OF SU; Rea{ Prope~/Tax ~