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HomeMy WebLinkAbout6646 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Oantes Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 REC. EIVF. D . MY 2 9 2013. out o d Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16, 2013 ZBA FILE: 6646 NAME OF APPLICANT: Nicholas Pal umbo SCTM#1000-38-3~5 PROPERTY LOCATION: 1245 Gillette Drive and East Gillette Drive, East Marion, 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 April 15, 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 parcel is improved with a one story dwelling with attached garage and deck. It is a non-conforming lot containing 14,043 sq. fl. in the R-40 zone district. It has 100.00 feet on Gillette Drive, 141.71 feet on the southem property line, 100.03 feet on East Gillette Drive and 139.16 feet on the northern property line as shown on the survey dated last revised March, 15, 2013 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variance from Article Ill, Section 280-15 and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for construction of accessory in- ground swimming pool, at: l) accessory in-ground swimming pool is proposed in a location other than the code required rear yard RELIEF REQUESTED: The applicant requests a variance to locate an in-ground 16'X32' swimming pool in the front yard, where the code requires a rear yard location. ADDITIONAL INFORMATION: During the hearing, the applicant was asked to provide information on any other variances for accessory swimming pools in front yards in the neighborhood. On May 3, 2013, the agent for the applicant submitted copies of several ZBA decisions granting a front yard location for accessory swimming pools. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 2, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2 of 3 May 16, 2013 ZBA File//6646 - Palumbo SCTM# 1000-38-3-5 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)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This neighbor consists of a majority of homes situated on two roads. Several other homes have accessory structures in the front yard. The proposed pool is shown in the technical rear yard in relation to the configuration of the dwelling. A swimming pool is a customary accessory use in a residential zone. Existing mature evergreen trees along the northern and eastern property lines screen the pool from the road and adjoining neighbors 2. Town Law §267-bi3)l'b)~2). The benefit sought by the applicant cannot be achieved by some other method for the applicant to pursue. The property has two front yards and two side yards but no conforming rear yard. 3. Town Law. 267-b(3)(b)(3) The variance requested herein is mathematically substantial representing 100% relief from the code. However, the applicant's property is located between two roads and the pool is proposed in the technical rear yard. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 4. Town Law §267-b(3)(b){4) No specific evidence has been submitted to suggest that a variance requested in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant's property has a line of existing evergreen trees along the northern and eastern property lines which will screen the pool from the road and adjoining neighbors. 5. Town Law §267-b¢3](b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an 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 Weisman (Chairperson), and duly carried, to GRANT the variance as applied for_and as shown on the survey dated last revised March, 15, 2013 prepared by John T. Metzger, LLS. Subject to the following conditions; CONDITIONS: 1. The existing evergreen screening must remain in place and be continuously maintained to reduce the visual impact of the pool in the easterly side of the front yard property adjacent to East Gillette Dr. 2. The pool must have a drywell for &watering and a sound deadening enclosure for the mechanical systems. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. ~tny 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 Page 3 of 3 - May 16, 2013 ZBA File #6646 - Palumbo SCTM# 1000-38-3 -5 use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson),Goehringer, Dantes, Horning, Schneider. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing~-- /q)/ /2013 N R= 25.00' L= $9.27' gO. LOT COVERAGE EXISTING HOUSE, PORCH, DECK=l,815 SQ. FT. 1,81,.'3 / 14,04,3 x 100=12.9% PROPOSED POOL & DECK EXT.= 6,54 SQ. FT. AFTER CONSTRUCTION=2,467 2,467 / 14,045 x 100=17.§% · = PIPE · = STAKE SET ANY ALTERATION OR ADDITION TO THIS SUR~,EY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. AREA 5~ 14,043. SO. F~. SURVEY OF LOT 53 'MAP OF MARION MANOR' FILE NO. 2038 MARCH lB, 1958 AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-38-03-05 SCALE: I'-- 30' MARCH 11, 2013 MARCH 15, 2015 (PROP. POOL, PATIO ,,lc DECK) !':INAL MAP i REVIEWED BY ZBA DATED 3 !1~, I.~_~f~ ~ N.Y.$. LIC. NO. 49618 /~(~CON/C ~;b'PVEYORS, P. 0 31) 765-5020 FAX (631) 765-1797 P.Q. BOX 909 1230 TRAVELER STREET sour~oLo, ~.r. ,gzl 13-127 ~,~ Joanne Minieri Deputy COUNTY OFSUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning County Executive and Commissioner RECEIVED APR 1 9 2013 BOARD OF APPEALS Division of Planning and Environment April 15, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 1197l Dear Ms. Weisman: Pursuant to the requirements of Sections A t 4-14 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 Constantino, Ralph & Carmelo Uyanik, Fehim R.C. Chumh of Sacred Heart Palumbo, Nicholas Condos, Steve Sciff, David Babs Corp. MunicipaIFfleNumber 6643 6644 6645 6646 6648 6649 6651 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 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 7, 201 ~OARD OF ApPl~t~L$ TO: William Birkmier for Nick Palumbo 9700 main Road Mattituck, NY 11952 Please take notice that your application dated March 4, 2013 For a permit for construction of an accessory inground swimming pool Location of property: 1245 Gillette Dr., E. Marion, NY County Tax Map No. 1000 - Section 38 Block 3 Lot 5 Is returned herewith and disapproved on the following grounds: The construction of an accessory ingrouncl, 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 is located in one of two front yards. Authorized Signature RECEIVED Filed B)r: Assigmnent Nn OOtUlrrOFA/PEAiS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HouseNo./~q6'~Street ~t'I~Qf~/Q~ ~"x~f,,~ Hamlet SCTM 1000 Section~Block (~ Lot(s)~Lot Size Zone I ~E) APPEAL,THE W~TTEN DETE~INATION OF THE BUILDING ~SPECTOR DATED ~ ~ ~0/~ BASED ON S~VEY/SITE PL~ DATED . Applicaat(s)/Owner(s): ~;~ Telephone~/~ ~1~7 Fax: Email: NOTE: In addition to the abovea please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative:~tl ~,~;~~ for(~wner( )Other: Ple~e check to speci~ who you wis~o~espondence to be ~iled to, porn the above names: ( ) ApplicanffOwner(s), (~Authorized Representative, ( ) Other Name/Address below: WHEREBY. THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3! ~!l ~ and DENIED AN APPLICATION DATED ~ ]~/[I3 FOR: (~ Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction (~fOther: {a~l~o$.-Fv'~tc~'o¢30~t~O /4t~L~'_q~y,'?' t',O~fO:.~4o"~ Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the codeo) O Article: /I~ Section: 02~ Subsection: Type of Appeal. An Appeal is made for: ('0 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 Othe~ A prior appeal ( ) has, ( ~"~has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) RECEIVED Name of Ox~ner: ZBA File# MAR IL 9 2013 BOARD OF APPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby propertiesifgranted, because: '~e 19o0{- c~?l¢ I~e LoC~'C~ ,'~0 774'e t~'4cl<'.~4t*'"~ .4,,o~"~ 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Tt4o-_ 3. The amount of relief requested is not substantial because: 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5. Has the alleged difficulty been self created? { } Yes, or {~No Why: Are there any Covenants or Restrictions conceming this land? {O/~o { } Yes (please fumish 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. Signature of Applicant or Authorized Agent (Agent must submit writien Authorization from Owner) Sworn to before me this !q°A~'' day of C~,,~ I. ,20 ~ . Notasy Publ c , Not~ Public, State of New York ,,uualified in Suffolk County APPLICANT'S PROJECT DESCRIP~I~N 1. For Demolition of Existing Building Areas Please describe areas being removed: ]~.~//Oi DATE PREPARED: RECEIVED 1 9 013 BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors trod Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: /,'~//7 . 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 premise~ listed on the real estate market for sale? Yes b/No Are)here any proposals to change or alter land contours? b/No Yes please explain on attached sheet. aECEIVED &OARD OF APPEALS 1 .) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the prloperty bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? /'OLD Please confirm status of your inquiry or application with the Trustees: ~ and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? IL30 Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? tOO Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? /L)L~ If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? lfyes, please label the proximity of your lands on your sttrvey. Please list present use or operations conducted at this parcel /~<,Lg~,n~/ ?'~-~'q, ¢/ and the proposed use · (ex: existh~g single family, proposed: same with garage, pool or other) ~lgnature and Date Authorized ~ECEtVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~AR 1 9 2013 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 500feet of a farm operation located in an agricultural district. AH 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. l. NameofApplicant: t~'// Z~/~/~//t..fi ~. 2. Address of Applicant: ~00 3. Name of Land Owner (if other than App. licant): 4. Address of Land Owner: ./r_~ >'/..~ ~t°7'7~ 5. Description of Proposed Project: /{~,~ ~,'~,~ 6. Location of Pro~e~: (road~ and Tax map number) ~ - ~ O~5~ 7. Is the parcel withi~ 500 Feet ora fa~ operation? {~Yes { } No 8. Is this parcel actively fa~ed? { } Yes ~No 9. Name and addresses of any owner(s) oFland within the agricultural district contabing active fa~ operations. S~ffolk Coan~ Tax Lot numbers will be provided to you by ~e Zoning Board Staff, it is your responsibili~ to obtain the cument names and mailing addresses from the Town Assessor's Office (765-19~7) or kom ~e Real Prope~ Tax O~ce located in Riverhead. NAME and ADDRESS - ~or~-~ z /, ,~ -~ c,_~ ..... ~%,~cx~,~/~ ,r~77, ~,3o z T~ ,~ z~-~,..,~ , 4. (Please use the back of this page if there are additional property owners) Signature of Applicant 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 statffnent. 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 flae time the application is submitted for review. Appendix C AIECE~.VED State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only _. PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR / I~. PROJECT NAME 3. PROJECT LOCATION: Municipality /'~/~( ~-~',/~.j~ ~_ / ~ County 4. PRECISE LOCATION (Street address and road intersections, prominent lar~lmarks, etc., or provide map) ~OARD OF APPEALS 5. PROUD ACTION IS: [] New [] E~.~sion [] M~aca~on/a~t~a~o~ 7. AMOUNT OF ~NDAFFECTED: InitialN acme Ultimately a~es 8. ~LL~POSED ACTION COMPLY WITH ~ISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? ~ Yes ~ No If No, describe bdefly 9. ~sidential ~ Industrial ~ Commercial ~ Agriculture ~ Par~ForesFOpen Spa~ ~ Other ~AT IS RESENT ~ND USE IN VICINI~ OF PROJECT? 10. ~ES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTI~TELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~L, STATE OR LOCAL)? ~ Yes ~No If Yes, list agent(s) name and pe~iFapprovals: 11. DOES ANY ASPECT OF THE ACTION ~VE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~No If Yes, list agency(s) name and ~iuapprovals: 12, AS A RESULT OF PRO~SED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THaT THE INFDRMATION PROVIDED ABOVE IS TRUE TO ?~HE BEST OF MY KNOWI_EDGE Applicant/sponsor name:, ~ ,,~//(/ ~,, ~ ~/?~'~.//f,~/~' ~o~i' ~_~ Date: I If the action is in the Coastal Area, and you are a state agency complete the Coastal Assessment Form before proceeding with this assessment I OVER A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF ['~ Yes [~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative decJaration may be superseded by anolher involved agency ' C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Exisfing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: ,~O C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered sperJes? Explain bdefly: C4. A community's existing plans or goals as of 6cially adopted, or a change in use or intensity of use of ~and or other natural resources? Explain bdefly:.x~('~ C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Longterm, shodterm, cumulative, or other effects not identified in Cl-C5? Explainbdefly: /~0 07. Other impacts (including changes n useofeitherquantityor typeofenergy)? Explain briefly: ,~ECIEI.¥ED D. VVILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLlt~I~L~ ENVIRONMENTAL~REA (CEA)? [] Yes ~o If Yes, explain briefly: E. IS THERE, OR IS *I~HERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~o If Yes, explain bdefiy: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substanfial, large, important or otherwise significant. Each effect should be assessed in conn~fion with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials~ Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially la~ge or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. ] Check this box if you have deterrnined, based on the information and analysis above and any supporting documentation, that t he proposed action WlM NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination 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 responsible officer) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM {IOARD 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 are applying in the name of someone else or other enaty, 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 officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this / ,~/day of/'/////~//%~0 /3 PrintName ~),~//,~//~ /~].//C~;¢~/''~ AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~OARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of tosvn 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 ~me. (Last name, first name, middle ilaitial, unless you are applying in the name of someone else or other entity, SUCh as a company. If so, indicate the other person's or company's name.} TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance K, 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. X 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/agenUrepresentative) 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 appllcant 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/~r~Ct/ff, 20 / ~ Town of Southold LWRI' CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ~OARD OFAPPEALS 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 supple~nent other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the tbllowing 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~qc,~eck appropriate response): Town Board [] Pla,,ning ,)cpi. uilding Dept. [~ Board of Trnstees [] 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 andextentofaction: ~/~.,4C/~.~-.,~ dDh/~ ..~.,~.,,,?.j~ /~C/ '/ / Site acreage: Present land use: Present zoning classification: 5~t~CEIVED 9 2013 ~tOARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code (~ (d) Application nnmber, if any: /[-)//~ Will the action be directly undertaken, reqaire 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 enhances community character, · preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section Ill - 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) Board of Zoning Appeals Application R£CEIVED ~OARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) (Print property owner's name) ,40 c (Mailing Address) do hereby authorize ~,~'/d~,?/~w~, e// (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. ~qOwner's Signature) (Print Owner's Name) ~ECE'[VED 80ARD OF CERTIFICATE OF OCCUPANCY NO: Z-28393 Date: 05/06/02 lIS CERTIFIES that the building NEW DWELLING Location of Property: 1245 GILLETTE DR EAST Pt~RION {HOUSE NO.) {STREET) (H~LET) Co~ty TaX Map No. 473889 Section 38 Block 3 Lot 5 Su~ivision Filed ~ap NO. I~t NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 8, 2001 pursu~ut to which Building Permit NO. 27898-Z (fated NOVEMBER 14, 2001 was issued, and confoI~s to all of the retirements of the applicable provisions of the law. The occupancy for which this certificate is issued is SINGLE FAMILY DWELLING WITH ATTACHED ONE CAR G/U~AGE, COVERED FRONT PORCH & RE/UR DECK AS APPLIED FOR. The certificate 4s issued to MANZI HOMES of the aforesaid building (OWNER) Rev. 1/81 os/o3/o2 1046180 04/16/02 04/29/02 WILLIAM SCHWAB TOWN OF SOUTHOLD' PROPERTY RECORD CARD OWNER STREET / "~_ q .~.~ VILLAGE DIST. SUB. I/" FORMER OWNER/~¢,/le LdvI~ N E ACR. ~? ~' ~Cq~ ~,p/~ S W ~PE OF BUILDING N ~ NOR~L BELOw ABOVE FARM Acta Volu, Act,Per Value Tillable 2 Tillable 3 DOARD Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD / ~j ~ House Plot DEPTH / ~ ~ ~ BULKH~D Tota I DOC~ .~OLOR FRIM ~ECE~VED M Bd~, Extension Extension Extension Porch Breezeway 38-3-5 01/03 v Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roorr I01( ~,'7.,/ .. ~;~..4:> ~.~ ~ Dormer Driveway Garage ~9~.~:~ '- 2"7(¢ ~'t~.~ ~q~q~'~ Patio O.B. Total Bath ,~ Dinette Floors K. v/ nterior Finish LR. qeat Rooms 1st Floor Rooms 2nd Floor DR. BR. FIN. B. ~'~(JARD OF APPEALS u~ALL 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, NewYork 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 March 19, 2013 Zoning Appeal No. 6646 Transmitted herewith is Zoning Appeals No. 6646 of William Birkmier for Nick Palumbo- thc Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Notice of Disapproval from Building Department Dated March 7, 2013, Authorization Letter from Nick Palumbo to Bill Birkmier to Represent Him in this Matter, Copy of Certificate of Occupancy No. Z-28393 for Single Family Dwelling with Attached One Care Garage, Covered Front Porch & Rear Deck Dated May 6, 2002, Copy of Property Record Card (Both Sides), Three Pages of Photos of Property as it Exists, Plans for In-Ground Pool 16' X 32', Copy of Survey Showing Existing & Proposed Construction Dated March 15, 2013 Prepared by Peconic Surveyors, P.C. OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 03/19/13 Transaction(e): 1 1 * * * RECEIPT * * * ZBA Application Fees Receipt~: 147605 Reference Subtotal 6646 $500.00 Credit Card Total Paid: $500.00 Name: Birkmier, Bill 9700 Main Road Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6646 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3-19-13 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6646 PALUMBO, NICHOLAS Credit $500.00 RECEIVED Card 14AR 1 9 2013 $outhold Town C~e~ TOTAL $5oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES ,700 Main Road Mattituck NY 11952 Office: 631-298-4014 Fax: 631-298-4015 May 10, 2013 To whom it my concern, As per the boards request please consider three homes that have received variances on Gillette Drive for in-ground swimming pools as well as a Hot Tub. All homes are within block 3 on Gillette Drive. Thank you for your time and consideration into this matter, Bill Birkmier North Fork Pool Care RECEIVED M~Y -- 2 2013 BOARD OF APPEALS APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard R Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. = Southold Town Hall (t9(0~9 53095 Main Road RECE' -':I'VED P.o. mx 1179 Southold, NY H97~-0959 Tel. (631) 765-1809 MAY - 3 ~0]~ax (631) 765-9064 http://southoldtowr,.aonhfork.n OARD OF APPEALS BOARD OF APPEALS RECEIVED ~, TOWN OF SOUTHOLD ~.'OO /~//q FINDINGS, DELIBERATIONS AND DETERMINATION ~j~j~ g ~DOt, MEETING OF JUNE 3, 2004 ZBA #5521- ROBERT VITELL, ~~e~,~/~ Property Location: 1045 Gillette Ddve, East Madon; CTM 38-3-3 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 13,532.16 sq. ft. lot has 100 ft. frontage along Gillette Ddve and along East Gillette Drive, and a depth of 134.05 feet along the nodhedy property line. The lot is improved with a two-story frame dwelling situated 44.7 feet from the westerly front line facing Gillette Ddve, and 59.9 feet from the front line along East Gillette Drive. BASIS OF APPLICATION: Building Department's February lg, 2004, Notice of Disapproval, citing Code Section 100-33 in its denial of a building permit application concaming a swimming pool proposed in a front yard location rather than a rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on May 20, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to locate a new 18' x 36' in-ground swimming pool wide 9 ft. wide step area, proposed at least 20 feet from easterly front lot line and at least 23 feet from the north lot line and at least 20 feet from the south lot line, as shown on the 1-2- 2003 survey sketch prepared by Kenneth M. Woychuk, L.S. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a dethment to nearby properties because swimming pools are a customary use in this residential zone. Page 2 - ~ne 3, 2~)~4 ZBA No. 5521 - Robert Vltelll CTM 1000-38-3-3 RECEIVED BOARD OF APPEALS 2. The benefit sought by Ihe applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area vadance because the property has two front yards and no rear yard under the zoning code definitions. 3. The variance granted herein is not substantial. The pool will be located behind the house and will be at setbacks greater than that required for accessory buildings or structures when located in a defined rear yard, and additional screening on the street side is a condition of this approval. 4. The d~culty was not self-created. 5, No evidence has been submitted during the hearing or in the wdtten record to suggest that a vadance in this community of single-family homes will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 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 Dinizio, seconded by Chairwoman Oliva, and duly carded, to GRANT the variance as applied for, as shown on the 1-2-03 survey sketch prepared by Kenneth M. Woychuk, L.S. date stamped by ZBA 3/26/04, with the condition that the applicant plant and continuously maintain landscape Irees along the east side of the property line running north and south outside of the safety fence, The landscape must fully shield the pool from the street at all times. 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. Vote of the Board: Ayes: Members Oliva~[.Chairwoman), Odando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5'0)< ~)..._w.2 ....,,......._~ ~). Ruth D, Oliva, Chairwoman 6/8104 Approved for Filing RECEIVED BOARD OF APPEALS APPEALS BOARD MEMBERS Gerard E Goebringer, Chairman Lydia A, Tonora George Horai~g Ruth D. Oliva V'mcent Orlando Southold Town Hall 53095 Main Road P.O. Box i179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown,northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18, 2002 Appl. No. 5094- DONALD BUSKARD Location of PropeFty: 2705 Gillette Drive, East Marion Parcel#38.-3-21.1 (18 and 21 combined as one lot) DATE OF PUBLIC HEARING: April 18, 2002 BASIS OF- APPEAL Building Department's Notice of Disapproval February 1, 2002, denying an application for a permit to build an accessory sw mm ng poe, proposed in a yard area other than a rear yard. .AREA VARIANCE RE(~I~IESTED: The applicant Is requesting a location of a proposed accessory ~n-ground swimming pool structure in the easterly front yard, with minimum setbacks of 40 feet [or greater) from the front line along East Gillette Drive, a minimum of 25 feet from the southerly lot line, and 51+- feet from the northerly rot line. FINDINGS OF FACT RECEIVED MAY - 3 ~013 BOARD OF APPEALS The Zoning Board of Appeals held a public hearing on this application on April 18, 200~ ,a~t w~ich time wrlt~n and oral evidence was presented. Based upon all testimony, ~ocumentatlon, persona nspect on of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: PROPERTY FACTS/DESCRIPTION: The applicant's property is a 20,400 sq. ft, parc, el located ca ~he easterly side of Gillette Drive (end the west side of East Gillette Drive} in East Matron. The lot has 115 ff. road frontage and lot depth along the southerly side of 179+- feet. The property is improved with an existing two-story and one- story frame house and 1-1/2 story frame accessory garage. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record 5afore the Board and personal inspection the Board makes the following findings: 1. Grant of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties. The front yard location of the pool a~ planned meets and exceeds that required for a principal building, or that required for accessory structures when located in a "rear yard" area. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applican~ to pursue~ other than an area variance. This property has no rear yard; it has two front yards and two sides. This proposed pool structure Page 2 - April 18, 2002 Appl. No. 5094 - Donald Buskard $8.-3-2t.1 at East Marion exceeds the eethacks, required for a principal strec~ur~,0r a~cessory etructure, and is appropriately planned. 3. The requested area variance is unique, due to the fact that there are two front yards and two aide yards, as mentioned above. Under the definitions of the Code, there is no defined rear yard to locate a building or structure w~thout · variance. 4. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. As stated in paragraph 1 above, this accessory pool will have no impact on the continuity of the neighborhood. The property has no technical "rear yard." RESOLUTiON/ACTION: On motion by Member Orlando, seconded by Chairman Goehringer, it was RESOLVED, to APPROVE the variance, as applied for. This action does not authorize or condone any current or future use, setback or other features of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: A~oehfl~ (Chairman), Tortora, HOming, Olive, and Orlando. Th, du~d/~ (5~//~ _ RECEIVED BOARD OF APPEALS AP'PEALS BOARD MEMBERS~[ James Dinizio, Jr.. Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 14, 2007 Mailing Address: Southold Town Hall 53095 Main Road · P.O, Box I 179 Southold, NY 11971 -{Y059 Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED ZB File No. 6035 - Thomas and Mildred Tolvonen Property Location: 1065 East Gillette Drive, East Marion CTM 38-4-18 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. PROPERTY FACTS/DESCRIPTION: The applicant's 10,127 sq. ft. parcel in the R-40 District with 102.55 feet along E. Gillette Drive and t00 feet along Cedar Lane is improved with an existing single-family, two-story residence as shown on survey prepared by Stanley J. Isaksan, Jr. dated 71312001. BASIS OF APPLICATION: Request for a Variance under Section 280-15, based on the Building Inspector's March 21, 2007 Notice of Disapproval concerning an application for a building permit to construct an accessory gazebo with built-in hot tub In a front yard adjacent to Cedar Lane. SUFFOLK COUNTY ADMIN)~TRA~TIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated May 8, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or Inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 31, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants propose to locate an accessory above-ground hot tub enclosed within an open gazebo structure in the front yard facing Cedar Lane, at 14 feet from the easterly lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1, Grant of the variance will not produce an undesirable change In the character of the neighborhood or a detriment to nearby properties. There are numerous other accessory in-ground swimming pools and hot tubs on propertlee In the neighborhood that are also located in front yards, since many lots are like the applicant's in that they also front on both East Gillette Drive and Cedar Lane. Cedar Lane Is a small, private subdivision road that has moderate residential traffic. The proposed site is in the Page 2 - June 14,'2007 ZI~ File No. 6035 - Thomas and Mi~ Toivonen CTM No. 38-4-18 applicant's architectural rear yard behind the dwelling and the gazebo with built-in hot tub is well screened from adjacent properties by vegetation. The applicant testified at public hearing that additional evergreen $crsenlng would be planted to create more privacy from Cedar Lane. Other possible non-confomllng locations on the applicant's property are more conspicuous.. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the property consists of two side yards and two front yards, and there Is no defined rear yard. Any proposed location will be non-conforming. 3.' The variance granted herein is not substantial. The hot tub is the smallest available size and the gazebo Is only 10' in dIsrnstar and 10.5 feet high, 12.5 feet with the cupola. The proposed side yard setback Is 6 feet with two rows of evargreena aa a buffer of screening, and the proposed 14 ft. setback from Cedar Lane brings the hot tub and gazebo 11 feat from the applicants' house and the edge of their paved patio. 4. The difficulty has not been self-created, but is the result of the applicants' lot being located between two streets. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse Impact on the physical or environmental conditions In the neighborhood. 6. Grant of the requested relief le the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a gazebo with hot tub, 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 teat under New York Town Law 267-B, motion was offered by Member Olive, seconded by Member Goehringer, and duly carried, to GRANT the variance as auolled J'gr~ a~ ~h0wn on ~e survey oreoared bv Stanley. J. Iseksen. Jr.. dated 7/3/2001 and Amish Country Gazebo Drewinoe dets-~tsmnsd Aoril 20. 2007 by the ZBA. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, ere not authorized under this application when involving nonconformltlea under the zoning code. Thla action does not authorize or condone any currant 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 resewse the right to substitute a similar design that is de mlnimis In nature for an alteration that does not Increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinl~j.o (Chsirma)P~llva, Goehrlngar, Simon. was absent, This Resolution was duly ted (4-0). k.~ Ja-~/.~ di~iZio Jr., Chsin~n roved for Filing -- '16/~L~12007 Member Wsisman RECEIVED Southold Town Clerk BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider ht tp://southoldt own.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southotd Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 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, MAY 2, 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~ MAY 2, 2013: 11:50A. M. - NICK PALUMBO #6646 - Request for Variance from Article III, Section 280-15 and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for construction of 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; 1245 Gillette Drive and East Gillette Drive East Marion, NY. SCTM#1000-38-3-5 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 email: Vicki.Toth~Town. Southold.ny.us Dated: April 8, 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: PALUMBO, NICHOLAS # 6646 SCTM #: 1000-38-3-5 VARIANCE: LOCATION REQUEST: IN-GROUND SWIMMING POOL DATE: THURS., MAY 2, 2013 11:50 AM 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 #11152 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 week(s), successfully commencing on the said Newspaper once each week for 1 18th day of April, 2013. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 2~ 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zonjng),Town of Sout~oid, the following public hear~ ings will be held by the SOUTHOLD TOWN ZONING BOARD OF Road, P.O. Box 1179, Somhold, New York llg71-0~Jg, on THURSDAY, MAY · - -(Adj. from April 4,~)13 Ph~ R~,Opened per Board Resolution, Based on thc Building In- spectoFs March 5,2013 Notice of Disap- proval based on work pcdormcd is be- yond the scope of the Z. BA derision, deemed a dcmotitinn and construction of new single fam/ty dwelling, located at: 50 Jackson Street (adj. to Great Pecothc Bay) New Suffolk, NY. SCTM#1000- LLC #66~5 ~ Request for Variances from Article III Code Section 280-I5 and thc Building lusl~cctor's December 17, 2012 plication for building permit for an "as built" acccssoty building at: 1) located from any property line, 2) more than the permitted lot coverage of 30%, lo- cated at: 10095 Main Road aka NYS 25, (comer Factory Avenue) Mattituck, NY. SCTM#1000-142-1-26 me this Proposed Lot #t0 - 1) less than thc code lions tO cxi~thtg~agle fan~y dwelling, at: I) less th~e code required minir~um LLY. A~I]J[/-~.I~ - Request for Variance from Article XXII Section 280.116 and the Building Inspector's February 27, 2013 Notice of DisapproVal has~d 0nan bluff, locked at: 54875 CR 48 {aka North Roed~ ladj. to Long Island Sound) Principal Clerk /~___ day of (/'~~ 2013. CHRISTINA VOLINSKi NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Quollflecl In Suffolk County in-ground swimming pooL at: 1) acces- sory pool is proposed in a location other at: 1) less than the code required m/nj- Lanc)(edj. to Oardiners Bay), ~ast Mar- ion, NY, $CTM#t~00-37-6.3.5 th~ ~te requ/red belkhead setback of 7~5 f~et for eddiUm~ a~l alterations to the dwelling, 3) guest quarters are not a Na~aU Point,Ro~d Oulj. ~o Little Pecon- ~: Request for. Variances from Arti- cle IH Code Set'on 2~.~5 andthe Build- thg lmpector% March 14.2013 Notice buildi~ permit ~e~ two "U buat" existing recon~n~ted aCCessory ~ at: 1) one acce~ez7 building ~ ineathd at less and rea~'~l s~ o,f 10 feet, 2) sec- ond a~e~0t7 butldin~s located at Main Road (State Route 25) Mattituck. aae~ trom:Ated~e X~R Cede tot's Alnil ~t, 201Z revised IVEa~b 20, 2013 Notice of Disapprova~ based on an applkatie~ for build~ permit fer - Request for Va..iance from Art/de Disapproval bued on an application for t/on to existing sinSin family dweUing: SCRM#1000-52-5.50 ins to be head ar each hea~ and/or de.~ede~aeve, Pile~ are avaltable for review dtuipg regular bu~ineu hours and prior to the day of the hearing. If you have questions, ple4se contact our d~e at, (631) 765-1809, or by emalh TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: On the /~qr~day of ,4tOt',7-- ,20/3, I personally mailed at the United States Post Office in ./~/~477-/'~c~ , 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 private street, or vehicUlar right-of-way of record, surrounding the appli 's p.roperty~ (Signature) Sworn to before me this day of~c(-(-,l { ,20 (3 (Notary Public) No. 01'106_1_ .9~. 96 . Commission Exp res JUly ~'~, ~u_l._'_'_'_'_'_'_'_'~/ 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. $2.55 ICl p~.eo $0.46 0952 Certm,.d Fee $3. lO 06 (Endorsement Required) Total Potage & Fees $ $~.11 04/11/~13 $0JI6 0952 $3.10 06 Postmark $2,S~ Here $6.11 04/11/2013 m Postage n Cerllfied Fee $~. ~.0 0~ ~ (Endorsement Required) $2=55 Here (Endorsement Required) JO · O0 r"t Total Postage & Fees ; $6. l'J 0~/11/2013 r-3 r ~£r~[ ~)7 ~9a7 ................................................................... m r,- r~F~,'z,~a' ......................................... 7'Ji ........................ 1 $0.46 $3.10 $2.55 $ $6,11 0952 O6 04/11/~13 $0.~6 0952 $3.10 06 $2.55 $0.00 $6.11 04/1~/~13 ROAD  . IIS3 - U.S. POSTRGE H~TT]TUCK,N¥ ~1~1~ ~S~ NOllC~ 2ND NOl~C[ ~ EEIuRN 7011 2000 0000 6434 5726 IA, ch~.~l Pct. o,'-~ o Ce, gt-~ ?o~ I00 DE I O0 R6TU~N !0 SENDER NO MAIL RECEPTACLE UNABI.E TO FORWARD 11952047171 *0502-077A? -]1-~2 U.S. POSTAGE PAID HRTTITU K.NY AMOUNT 00993377-06 s $0.~,6 0952 $3.10 0~ POStmark $2.55 Here $0.00 $ $6.11 04/11/~13 · Attach this c~d to the beck of the mallptece, or on the fl. ont If spa~e permits. 1. Article Addressed to: / ! 0 ~'/-~,~ ~ ~:~'~'~ /~ n~ D. is dallve~y addmes clJffem, t from Item 17 r'lNo if yES, e. ter deliv~/add.ss below: '~ [] Oat, ted Mal~ [] E~F~e Meal Return Receipt f~r M~h~di~ C.O.D. 4. Restr fcted Deliver? (Ex~a Fee) l-lyes 2. Article Numb(' Cr~,,~r~ ?,o~ 7011 2000 PS Form 3811, Feb~a,Y 2004 0000 6434 5733 Domestic Return Rec~pt [] Return Remlpt for ~se [] C.O.D. 4. Res~t~t~l Dellve~ (J~a Fee) []Yes 2. Article Number ~..,..,-.~o~.~n~ 7011 2000 0000 6434 6709 PS Form 3811, February 2004 Domestic Return Reoeipt 102595~2-M-1540 TOWN OFSOUTHOLD ZON~G BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at 7 7f~'/~t, k_2 New York, being duly sworn, depose and say that: On the ,~2~._ day of .,~/'~Z ,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 //~49/ ~ o2tg/fl (Signature) Sworn to before me this t~ Day °¢'{9C'~01 ~ ¥.C,!{I I011t .-, ~o~y Public) ~ ~, n~ ~e enff~ce or driveway entrance of my prope~y, as ~e ~ea most visible to passerby. · Complete Items 1, 2, and 3. Also complete item 4 If ResMeted Dellv~y Is desired. · Pflnt your name end address on the reveme so that we can retum the card to you. · Attach this card to t~e back of the mailpiece, ~.~r on the front if space permits. .~11. AriicleAddressed to: llT~J I If YES, enter delivery address below, nNo [] Celtflfed Mall 2. Article ~m~ 7011 2000 [] Return P,e~pt for Mefohanc[fse [] O.O.D. .4. Restfit~ed Delivery? (/~aa Fee) OYes 0000 6434 6716 PS Form 3811, February 2004 Domestic Return Receipt IC259S-~-M-1540 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 April 8, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, May 2, 2013 Hearing De, ar 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 April 15th: 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 COTrStmction area or other request, by CERTIFIED ~A1L, RETURN RECEIPT REQUESTED, to al_~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than April 22nd: 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 headng. 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 April 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before April 30, 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 Ends. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 21,2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.Q. 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 # 6646 Owner/Applicant: PALUMBO, Nicholas Action Requested: Inground swimming pool, two front yards. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes 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, Capiutl One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 17, 2013 Bill Birkmier North Fork Pool Care 9700 Main Road Mattituck, NY 11952 RE: ZBA Application #6646 - Palumbo Dear Mr. Birkmier: Transmitted for your records is a copy of the Board's May 16, 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~x ~ Vicki Toth Encl. Cc: Building Dept.