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6673
~ 3 Cft'S~alfl .Pft~~ ~-C~n,~~ ~ ~ aGGos md~~ J o,~iE,~ ~ q, i~ ~Col~3 - r'}5,Q[J/G~yGC~~~- 5~~_ -a~aQ /ZEH2 /x,02 `-r- S~3Ack .2i"'• As .Bvi~T.CDCRTiW~ 8/~1i3 Qpp~ w'1Gcn~ 8~a~/3 BOARD MEMBERS 0 f SOU Southold Town Hall Leslie Kanes Weisman, Chairperson Ty0 53095 Main Road • P.O. Box 1179 Eric Dantes l0 Southold, NY 11971-0959 ~t Office Location: Gerard P. Goehringer H ~ Town Annex /First Floor, Capital One Bank George Horning ~0 • A~~O 54375 Main Road (at Youngs Avenue) Ken Schneider ~.~'COU~ Southold, NY 11971 http://southoldtown.northfork. net RE EI E ZONING BOARD OF APPEALS ~ 3 ~ S~ TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 A~ 2 6 2013 S~~ q, FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 22, 2013 LBA FILE: 6673 NAME OF APPLICANT: Ralph and Catherine Caselnova PROPERTY LOCATION: 26609 Main Road (aka State Route 25), Orient, NY SCTM# 1000-18-03-9.11 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il 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 August 7, 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 ~ The subject parcel is 2.3518 Acres in an R-80 district. The parcel includes and is bounded to the north by a 50 foot wide R.O.W. running a distance of 432.49 feet, and includes and is bounded to the east by a 50 foot wide R.O.W. running 851.41 feet. 'fhe subject parcel's allowable building area is approximately 165 feet by 267 feet. The parcel is improved with a 2 story frame house with attached garage and the subject as-built in-ground swimming pool, as shown on the survey prepared by John T. Metzger, LLS dated April 11, 2013. The parcel is subject to two front yards determined by the intersecting Right-of--Ways. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's May 14, 2013 Notice of Disapproval based on an application for building permit for an "as built" accessory in- ground swimming pool: I) less than the code required side yard setback of 25 feet, 2) less than the code required minimum rear yard setback of 25 feet RELIEF REQUESTED: The applicant requests variances to maintain the location of an as-built in-ground swimming pool having one rear yard setback of 7.7 feet and a second rear yard setback of 18.2 feet, where the code requires a minimum of a 25 foot setback from the rear property line. This parcel is subject to two front yards determined by intersecting Rights-Of-Way. ADDITIONAL INFORMATION: The subject parcel rear yards are adjacent to an 1 L3+/- acre agricultural parcel whose development rights have been sold. This agricultural parcel is owned by the applicant. There is a shed, pool fencing and pool equipment located on the adjoining agricultural parcel. Page 2 of 3 -August 22, 2013 ZBA#6673 - Caselnova SCTM#1000-15-3-9.11 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 8, 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: I . Town Law &267-b(31(bNl). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. An in-ground swimming pool is characteristic and a common accessory structure to residential use. The non-conforming as-built location is adjacent to an agricultural parcel having no development rights, thus eliminating any detriment to an, adjacent dwelling. The use of the swimming pool should not affect the adjacent agricultural use. 2. Town Law &267-b(3)(6J(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could feasibly relocate the swimming pool in the rear yard in a conforming location, however the relocation may not be economically feasible. 3. Town Law &267-b(3J(bN3J. The variances granted herein fora 7.7 foot rear yard setback and an 18.2 foot rear yard setback are both mathematically substantial, representing 69% relief and 27% relief from the code respectively. However, the adjoining parcel possibly affected by this granting is an undevelopable agricultural parcel which is presently owned by the applicant. 4. Town Law &267-b(3)(bl(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(bJ(5J. The difficulty has been self-created. The applicant constructed an accessory in- ground swimming pool without the benefit of finalizing a building permit and acquiring a Certificate of Occupancy for the subject as-built swimming pool. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an as-built in-ground swimming pool with non-conforming rear yard setbacks, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes, and duly carried, to GRANT, the variances as applied for, and shown on the survey prepared by John Metzger, L.S.S. dated April 1 I, 2013, subject to following conditions; CONDITIONS: 1. All accessory structures and equipment of the subject residential parcel including but not limited to, fencing, sheds and pool equipment shall be located upon the subject parcel in a code conforming location. 2. Pool mechanicals shall be placed in a sound deadening enclosure. 3. Drywell for pool de-watering shall be installed. 77aat the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3 -August 22, ?A73 ZBA#6673 - Caselnava SCTM#1000-18-3-9.11 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not autharfzed under this application when involving nonconformities under the zoning code. This action does noJ authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Coehringer, Schneider, Danles, Horning This Resolution was duly adopted (5-0). ,~iJ-E'2e- ~ ,ti~ Leslie Kanes Weisma Chairperson Approved for Sling ~ /a 6 /2013 ~ ~ SE~~aj ti ryy SURVEY OF PROPERTY q~ + P• ~ t ~ FOR +~'~~~o ~ ~o ~0 ~ RALPH A CATHERINE CASELNOVA ~ ~q' `ry~ AT ORIENT ~ P TOIIN OF SOUTHOLD z ~ SUFFOLK COUNTY, NEIL YORK ~ 1000-18-03-9.11 ~ mp°°, \ SCALE.• 1 "=100' ~ o APR/L 11, 2013 ~ ~~r ~ i ~ ~ FINAL MAP REVIEWED BY ZBq d SEE DECISION # E~~3 ~a~~ ~ DATED 8 /aa / aar3 cam' • i~ got /2691'T y~A CERTIFIED TOE ~.jQj' ~ ,~C ~~`.5~`~- RALPH CASELNOVA `I~+ ~ CATHERINE CASELNOVA ' FIRST NATIONAL BANK OF LONG ISLAND 5 ~ ~ '.A ~ / ,~p'IE S ~ Ali ~ r~ S ~ ' RECEIVED ' \ $ g61 i JUL 1?.7.013 ~ ~ ~ _ RQ~ 60ARti~ Of- ppPEAL5 pp~pp ~a,~~.~~rY y 4'~ ° , C. mow.. ~ r dy 49618 1~ _ ~ ~ ¦=MONUMENT ~S Np 4%18 • =PIPE _ ANY ALTERAT70N Q4 ADDITION TO THIS SURVEY IS A VICM_ATI(XJ CONIC EYORS, P.C. Di SECTIQV 7289 OF TFf NEW YQRlC STATE EDUCATIpJ LAW, C631) 765 -5020 FAX C631) 765-1797 LOT NUMBERS REFER TO "MINOR SUBDIVISION FOR EXClYT As PER SECTlC1V 7209-suBDtvlSlpr 2. Au cERrtFIC,ArraNS P, 0, BOX 909 p COUNTY~CLERK SRIOFF CESASNFlLE NOLED 460THE SUFFOLK SA~I~iAP C1R COPIES Li~AR ITIf IM'RESSED SEAL~~ SURVEYOR SOU~THOLDV EN YR 11971T ~ J - WMOSE SIGN4TIA7E APPEARS FEFiEON _ _ ~ r ~~~~'6~~~ o~~gUFFO(,rco 0 w Town Hall, 53095 Main Road ~ • ~ Fax (631) 765-1823 P.O. Box 1179 Telephone (631) 765-1802 Southold, New York 11971-0959 y T RECEIVED BUILDING DEPARTMENT TOWN OF SOUTHOLD AUG 8 2013 BOARD OF APPEALS November 15, 2001 Ralph Caselnova 3355 Colony Dr. Baldwin, NY 11510 SCTM: #18-3-9.8 26605 Main Rd., Orient Dear Mr. Caselnova: With regard to the above referenced property, there is a swimming pool permit still pending due to unresolved Planning Board approval. In order for us to approve the "as built "swimming pool, you need to complete the minor subdivision of the referenced parcel. If you have any questions, please call us at #765-1802. Sincerely, Pat Conklin Permit Examiner 11/22/2008 16:29 FAX 6818281895 Ralph Caselnova, M.D. f~001 Su~olk Coun Farmland ~mmittee ~ a ~~~I i ~ ~ ~6~~~ clo Suffolk County Planning Department H. Lss Dennison Building -4th floor, Hauppauge, NY 11766-0D99 P. 0. Box 6100 (653) 953-5111 [voice] (653)853044 (fax) (fi53) 953a4D44 Chairman Sennett Orlowski members November 7, 2003 Russell Barnett Anthony Brand, Jr. Mr. Ralph Caselnova Ronald Bush p p gox 326 Nate Corwin Lee Foster Orient, NY 11957 Daniel Fricke Olney M. Gardiner Dear Mr. Caselnova: Thomas A Isles Raed W. Jarvis, Jr. Alfred Kilb, Jr. At the October 28, 2003 rneeting of the Farmland Committee your application to Joseph Krukowski build a 10' by 20' storage shed was reviewed and approved, at the location Eugene Murphy indicated by your map, subject to local review and ordinances. Jacob Rottlramp Charles Scheer RECEIVED Albert Schmitt Mark Zaweski Elmerzeh Sind, N~n ~ AUG 8 2013 Brian Zitani !`Q ~ BOARD OF APPEALS Roy Fedelem counsel Principal Planner Jennifer B. Kohn advisors Joseph Gergela, III William Sanok staff Roy Fedelem Claire J- Chomy 08/~7~2013 09:24 631-85'~-4044 S C PLANING DEPT PAGE 02 ~~F ~ ~ ~ COU1V7'Y OF SUFFOLK ~ J~ i RECEIVED AUG 7 2013 Steven Bellooe BOARD OF APPEALS J SUFFOLK COUNT' 8X6CUTYF. Department of Economic Development snd Planning Joanne Minietti bivision of Planning Deputy County Eaecutive and Commissioner and Environment August 7, 2013 Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Ms. Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14] 4 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 fox local determination as there appears to be no significant county-wide orinter-community impacts, A decision of local determination should not be construed as either an approval or disapproval. Aoniicant M nicfnalFileNumbe Caselnova, Ralph and Catherine (c% Charles Cuddy) 6673 Very truly yours, Satoh Lansdale 17irector of Planning Theodore R. Klein Senior Planner TRK: H, LEE DENMSON BLDG ~ 100 4E7ERAN5 MEMORIAL NYJy, µry Fl w F.O. BOX 6100 f FIAUPFAUGFi~ NV 11786.0088 ~ (827) 853-3191 r 3 RECEIVED FORM NO. 3 JUL 1 2 2013 NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: May 14, 2013 TO: Charles Cuddy for R & C Caselnova P O Box 1547 Riverhead, NY 11901 Please take notice that your application dated May 14, 2013 For a permit for an "as built" accessory inground swim pool at Location ofproperty: 26605 Main Road, Orient County Tax Map No. 1000 -Section 18 Block 3 Lot 9.11 Is returned herewith and disapproved on the following grounds: The "as built" 2S X 40' accessory swim 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 required accessory side &/or rear setback is 25'. The "as built" location is 18.2' and 7.7' from the property line. ~~~Lf~~~ Authorized Signature • RECEIVEC~ JUL 12 2013 ~~~3 BOARD OF APPEALS Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 26605 Street Main Road Hamlet Orient SCTM 1000 Section 18 Block 3 Lot(s) 9.11 Lot Size 2.3518 Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_ 5/ 14/ 13 BASED ON SURVEY/SITE PLAN DATED 4/ 11 / 13 Applicant(s)/Owner(s): Ralph and CAtherine Caselnova Mailing Address: PO Box 479, Orient, NY 11957 Telephone: Fax: Email: NOTE: In addition to the above. please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Charles R. Cuddy for Owner ( )Other: Address: PO Box 1547, Riverhead, NY 11901 Telephone: (631)369-8200Fax:369-9080 Email: charles.cuddy@verizon.net Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) ApplicanUOwner(s), (Kl Authorized Representative, ()Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 4 / 11 / 13 and DENIED AN APPLICATION DATED 5 / 2 / 13 FOR: ( )Building Permit (7Q Certificate of Occupancy OPre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: fTT Section: SRO Subsection: 1 Type of Appeal. An Appeal is made for: (g) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( )has, ()has not been made at any time with respect to this orooerty, UNDER Appeal No(s).4889 Year(s). 12/ 7 / 00 . (Please be sure to research before completing this question or cal! our oJjice for assistance) Name oFOwner: Ralph and Catherine Caselnova ZBA File# r • ~~~~3 ~2ECEIVE® REASONS FOR APPEAL (Please be specifrc, additional sheets may be used with preparer'~UL 1 2 2013 signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a det~t9~(~(i)e r~ APPEALS properties if granted, because: There are no neighbors directly affected. The property immediately to the west and south is owned by the applicant and its development rights have been sold. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant [o pursue, other than an area variance, because: The pool was constructed based on the permit the applicant made in 2001. 3. The amount of relief requested is not substantial because: The relief requested is not substantial because the adjoining land is owned by the applicant. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The swimming pool is surrounded by the land owned by the applicant. 5. Has the alleged difficulty been self created? { }Yes, orb } No Why: The applicant initially applied for and received the building permit. Are there any Covenants or Restrictions concerning this land? { } No {g} Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and [he health, safety and welfare of [he community. ~t- Signal re of Applicant or Authorized Agent (Agent must submit written Authomation from Owner) Swom to before me this ~ day of ,~til.., 20 ^y^/ ^T' ~1C...1 ~ ~1I' Notary Public NANCY S BARTOW Nehry PuMlc - Sdte of New York NO.OtBA8216811 OueBfled in Suttalk un MY Carrnfeebn Eepiree • • ~Cd~73 APPLICANT'S PROJECT DESCRIPTION RECEIVE® APPLICANT: Rat Dh Caselnova DATE PREPAI~P:T`~ 1. For Demolition of Existing Building Areas BOARD OF APPEALS Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: N/A 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: N/A 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: N/A Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: gRSs f ~ ~~r ar,a 4, 496} - fr - Proposed increase of building coverage: N/ e Square footage of your lot: 102 , 366 sq ~t Percentage of coverage of your lot by building area: V. Purpose of New Construction: ~bui~ r" 7 ~I) i ngrnnnA cult i g ~ 1 VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Flat 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. aizoiz 1~7~ QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes __~No B. Are there any proposals to change or alter land contours? ~No Yes please explain on attached sheet. C. 1 J Are there azeas that contain sand or wetland grasses? Nn 2.) Are those azeas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A 4.) If your property contains wetlands or pond azeas, have you contacted the Office of the Town trustees for its determination ofjurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you aze submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel single family dwelling cwi mmi ng Wool and the proposed use rha cams . (ex: existing single family, proposed: same with garage, pool or other) \ ~a 13 Authorized signature and Date RECEIVEL? JUL 1 2 2013 BOARD OF APPEALS RECEIVE AGRICULTURAL DATA STATEMENT 12 2013 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant jor any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within SOOjeet oja farm operation located in an agricultural district A[1 applications requirixg an agricultural data statement must be referred !o the Suffolk County Department ojPlanning in accordance with Section 239m and 239n ojthe General Municipal Law. I. Name of Applicant: Ralph (:anel nova 2. Address of Applicant: 3. Name of Land Owner (if other than Applicant : Ra iph and f a rhari ne ('anal nnva 4. Address of Land Owner. nn u.,,. 47,1, Orient, NY 11957 5. Description of Proposed Project: "as built" swimming pool 6. Location of Property: (road and Tax map number) Main Road Orient S('TMI/1000-18-9-9 11 7. Is the parcel within 500 feet of a farm operation? {X} Yes { } No 8. Is this pazcel actively farmed? {'C} Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by [he Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS I~ SCTMIf1000-18-9-9.9-Ralph & ath in a lnovl PO Box 479 Orient, NY 11957 2 SCTM111000-18-4-1.3-Oysterponds Corp. William P. McNaught, PO Box 54, Orient, NY 3. SCTM-011000-18-3-30.3-North Brown LLC, PO Box 86, Orient, NY 11957 4. 5. 6. (Please use the back of this page if [here are additional property owners) Si ature 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 statement. 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 wmpleted 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 the time the application is submitted for review. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~~~.~/3 PART I -PROJECT INFORMATION To be com leted b A Ilcant or Pro act S onsor ll 1. APPLICANT/SPONSOR 2. PROJECT NAME Ralph Caselnova 3. PROJECT LOCATION: Muniapaliry Town of Southold County Suffolk S 4. PRECISE LOCATION (SUeet adtlress and road intersections, prominent landmarks, etc., or provide map) 26605 Main Road, Orient, NY SCTMII1000-18-3-9.11 5. PROPOSED ACTION IS: ® New ~ Expansion ~ Mod~cation/alteration 6. DESCRIBE PROJECT BRIEFLY: "as built" swimming pool on a residential lot of 2.35 acres. 7. AMOUNT OFIA AFFECTED: Initially ~ acres Ultimately 2.35 aces 8. WILL PROPOSED ACTION COMPLV WITH F>CISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes ~ No It No, describe bdefly 9. WHAT 5 PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industdal ~ Commeroial ~ Agdculture ~ Park/FOrest/Open Space ~ Other Describe: 1D. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? © Yes ~ No If Yes, list agency(s) name and penniVapprovals: Town of Southold Zoning Board of Appeals-variance approval 1 t. DOE5 ANY ASPEGT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Ves ©No If Yes, list agency(s) name and permiilapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUSponsornam ~ Ralph Caselnova Date: 2 Signature: If the action is in the Coastal Area, and you are a state agency, complete the i Coastal Assessment Form before proceedmg with this assessment OVER i ' ~ • • ~~~~3 PART II -IMPACT ASSESSMENT To be com leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 8 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. Yes ~ Na e. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.8? II No, a negative declaration maybe superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing treffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briety: C2. Aesthetic, agricultural, archaeological, histori0. or other natural or cultural resources; or community or neighborhood character? Explain bnefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habdats, or threatened or endangered species? Fxplain bnefly: C4. A community's existing plans or goals a5 or~cially adopted, or a change in use Or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bnefly: C5. Long tens, short tens, cumulative, or other efleds not ftlentified In C7-C5? Explain briefly: C7. Other Impacts (inducting changes in use of eimer quantity or type of energy)? Explain bnefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ~ No If Yes, explain bnefly: E. IS THERE, OR IS THERE LIKELY TO 8E, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No Ii Yes, explain bnefly: PART III -DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whetherttis substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occuring; (c) duration; (d) ireversibility; (e) geographic scope; and (f) magnitude, If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been ident'rfled and adequatety addressed. If question D of Part II was checked yea, the determination of significance mustevaluate the potential impact of the proposed action on the environmental charaderistlcs of the CIA. Check this box it you have Identified one or more po[enaalry large or significant adverse impacts which MAV OCCUr. Then proceed directly to the FUL FJ~F and/or prepare a positive declaration. Check this box if you havedetertnined, based on the information and analysis above andanysupportingdocumentation, that the proposed action WlL NOT result in any significant adverse environmental impacts AND proNde, on attachments as necessary, the reasons suDPOrting mis determination ame o Lead gency ate Print or ype Name o Respons le car n ea gency eo Responsi le car gnature o Respons le cer m ea gency lgnature o reparer( ~ rent om respond o cer) ~(L AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the nart of tows 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. YOUR NAME: Cuddy Charles R. (Last name, first name, middle initial, unless you are applying in the name of someone else or other enaty, suck as a company. I(so, indicate the other person's or company's Dame.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) 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 otTicer or employee owns more than 5% of the shares. YES NO R If you answered "YES", complete [he 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 [he relationship between yourself (the applicanUagentlrepresentative) 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 anon-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of [he applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~ aay or , zo 3 ~ RECEIVED Signature JUL 12 2013 Print Name G BOARD OF APPEALS ~(9l~ r APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and emolovees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Caselnova Ralph (Last name, first name, middle innial, unless you are applying in the name of someone eIx or other entity, such as a company. It so, indicate the other person's or company's same.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) 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 [he shares. YES NO X 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 otgreater 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 anon-corporate entity (when [he applicant is not a corporation) C) an officeq director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP ~ Q ~ RECEIVED Submitted this 2 day of 1u^~ , 20~' ~Ul 1 Signature ~ 2 Print Name ~PrC.~)t N-~FS~~L~fV~ gOgROOFgPPEq~s Town of Southold • • ID~ LWRP CONSISTENCY ASSESSMENT FORM ~ RECEIVE® A. INSTRUCTIONS JUL 12 2013 1. All applicants for permits* including Town of Southold agencies, shall com lete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Co~~I~~~~~`~Ris assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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). 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 should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Boazd of Trustees Office, the Planning Department, all local librazies and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 1S - 3 - 9.11 The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. ~ Building Dept. ® Board of Trustees l . Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: "As Built" swimming pool on a residential lof of 2.35 acres Location of action: 26605 Main Road. Orient. NY Site acreage: 2.3518 ac. Present landUSe: raccrlantial -cingla famil3. du+alling Present zoning classification: R-80 2. 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: Ralph Caselnova ~/0~0~3 (b) Mailing address: PO sox 479 RECEIVE® Orient NY 11857 JUL 12 2013 (c) Telephone number: Area Code ( ) a n n o n nt~ gppEALS (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No ?x If yes, which state or federal agency? DEVELOPED COAST POLICY Policy I. 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 Residential swimming pool 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 Again this i a c'd n ial cv'mmi ng nnnl chi rh hnrda c de~Pl nn a t ri ghrc conservation area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria 0 Yes ~ No ®Not Applicable Th_ a land~pe is not afF r d cin hP pool is in n r c.h r h i ~t 11~ n0 VlSUal 1mpaCt. Attach additional sheets if necessary NATURAL COAST POLICIES y~% (plv RECEIVED 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 ~(JL 1 2 2C1~ Yes ~ No ©Not Applicable BOARD OF APPEALS The pool is not near the shoreline or in an area ubject to fl ~ltng Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes ~ No ®Not Applicable The swimming pool i not near ~ t^1 r A A 41a YPY C}1PttS Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ® Not Applicable The swimming pool does not impact fish and wildlife habitats or wetlands. 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 No air pollution will be caused by the swimmingpool ~~€'~"€~\/E[~ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No ®Not Applicable No solid waste or hazardous substances are emitted from the pool PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. ? Ye~ No ® Not Applicable This is a private residential site and does not involve the use of public lands ~L^LLL'^ T06GY=C G6 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Yes ? No ®Not Applicable Shoreline areas are not involved in the construction and use of this racirlPnti al ewi mmin~nnnl_ ~.~~Q n~ d 2 At[ach additional sheets if necessary BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No ®Not Applicable Again, tha awimmi n,Q~7nnl will not i~art marina racnnrrPC_ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ~ Not Applicable This adjoins but does not have a significant impact on agricultural lands 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 The swimming pool has minimum impact upon enemy and mineral resources. Created on 5/25/05 11:20 AM Cl I A RLES R. CUDDY v ~r~~r~er ~rr L~~~~ ~~scrirHi~~c..~~~en~~n. i;~~~rr;nrai~,n~rm 7~orh ~~I,~li~s,~d~~~...: ~Ip~~TGL: (631)369-8~A) P.~`. B„a IE-47 ~ FIB: (h31)369-~~150 Rh,er~ica~, V1' 11901 t7-mai~: cliarles.cudw([PVerizon.nel July 11, 2013 RECEIVE[? JUL 1 2 2013 Zoning Board of Appeals BOARD OF APPEALS Southold Town PO Box 1179 Southold, NY 11971 Re: Ralph Caselnova-26605 Main Road, Orient SCTM#1000-18-03-9.11 Dear Ms. Toth: We aze submitting a request for a vaziance for the swimming pool located on a 2-acre parcel in Orient, Enclosed please find the following eight (8) sets: 1. Application 2. Project description and questionnaire form 3. Transactional disclosure form 4. Authorization Form 5. Recent photos 6. Survey 7. Agricultural data statement 8. Town Property Card 9. LWRP form 10. Environmental Assessment form 11. Disapproval Notice 12. Certificate of Occupancy 13. Check in the sum of $1,000.00 14. Agent Transactional disclosure form 15. Declaration of Covenants and Restrictions Please kindly advise when this matter will appear on the Board's agenda. Very t~ru~ly~yuurs, (~,~i Charles R. Cud y CRC:ik Enclosures „e..~.-, ~~3 RECEIVE IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i 2 2013 111111 IIIII IIIII IIII IIII B°AR° °F APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 04/19/2006 Number of Pages: 5 At: 12:20:46 PM Receipt Number 06-0039349 LIBER: D00012446 PAGE: 094 District: Section: Block: Lot: 1000 018.00 03.00 009.008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5.00 NO COE $5.00 NO NYS 3RCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5.00 NO RPT $50.00 NO SCTM $0.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 • NumbeP of pages ~ ~ !~.E~_ORi~EU TORRENS RECEIVE® ~ ?ni7t-. Apr- 1~-~ ? ~;2~a:'. .~udi.h R. F'y5Le1_ serial # JUL 1 2 2013 CLE~k:: OF SIJFF!]Ln COI,haTS' Certificate # L C~i~001'~4<<5 BOARD OF APPEALS r' '!=Y Prior Ctf. # Deed .Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page /Filing Fee - Mortgage Amt. _ 1. Basic Tax Handling 5. Q~ 2. Additional Tax _ TP-584 Sub Total _ Spec. / Assit. Notation or EA-5217 (County) Sub Total ~G~ Q ~ Spec. /Add. _ TOT. MTG. TAX _ EA-5217 (State) Dual Town _ Dual County _ ~S ~ Held for Appointment R.P.T.S.A. S~ Q ~ mar Transfer Tax Comm. of Ed. 5. 00 ~ ~ ' ~ Mansion Tax o o Affidavit ~ The property covered by this motage is ff or will be improved by a one or two Certified Copy J r~_ family dwelling only. YES or NO Reg. Copy Sub Total ~G'~ If NO, see appropriate tax clause on E:. n Other ~ J Grand Total ~CY-`- J Page # of this instnunent. J 4 District 1000 Section 18 Block 3 Lot '9. 5 Communi Preservation Fund Real 1000 1000 01800 0300 009008 Consideration Amount $ Property 1000 01800 0300 009009 p T S CPF Tax Due $ Tax Service R LPA F+ Agency 19-APR-O Improved Verification Vacant Land 6 Satisfaction/Dischazges/Release List Property Owners Mailing Address TD RECORD & RETURN TO: Charles R. Cuddy, Esq. TD P.O Box 1547 Riverhead, NY 11901 TD 7 Title Company Information Co. Name Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Ralph Caselnova and Catherine Caselnova The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold Town of Southold In the VILLAGE or HAMLET of Orient BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lnvrrl • DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this ~ day of ~ ~ L , 2006, by Ralph Caselnova and Catherine Caselnova both residing at 3355 Colony Drive, Baldwin, New York 11510, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated on Suffolk County Tax Map as District 1000 Section 18 Block 3 Lot 9.8 &9.9 as more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Boazd of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declazation be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that same will be in the best interests of the Declazant and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots land 2 within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. Lots 1 and 2 shall not be further subdivided in perpetuity. 2. Access to Lots 1 and 2 shall be from the existing 50' wide right-of--way. The 50' wide right-of - way shall provide access to the adjacent parcels identified on the Suffolk County Tax Map as 1000-18-3-9.2 & 24. 3. The clearing restriction for Lot 1 shall be in accordance with Chapter A106-56 of the Southold Town Code. 4. Prior to any construction activity on lot 1 the Declarant shall obtain a General Permit for the storm water runoff from construction activity (GP-02-O1) administered by ~(Nsi~'/h~b1'k State Department of Environmental Conservation under Phase R State Pollutant Dischazge Elimination s JUL 12 2013 9 BOARD OF APPEALS • RECEIVE® JUL 1 2 2013 ' • System (SPDES) Program. BOARD OF APPEALS 5. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights of the Southold Town Code. 6. The residential application and use of synthetic pesticides shall be prohibited. 7. The residential landscaping shall consist of native, disease and drought-tolerant plants. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Rai se C , Catheriq~Caselnova STATE OF NEW YORK) ~ SS.: COUNTY OF SUFFOLK) On the C) day of 1~ ~ I , 2006, before me, the undersigned, personally appeared RALPH CASELNOVA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrurent and acknowledged to me that she executed the same in her capacity and that by her signature on the instrurent, the individual, or the person upon behalf of which the individual acted,: e#ecuted the instrument. CYNTHIA M. MANWARING , , `30TARY PUBLIC, STATE OF NEW YORK ~ N0:01 MA6100507 G~yi,~;~C G' OUALIFIED IN SUFFOLK COUNTY Not Public COMMISSION-EXPIRES OCT. 20 STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the CQ~ay of @~ ~ , 2006, before me, the undersigned, personally appeared CATHERINE CASELNOVA, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the withiii instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the in_div:dual acted, executed the instrument. CYNTHIA M. MANWARING I ~ k, NOTARY PUBLIC, STATE OF NEW YORK i G~~~G~ NO:01 MA6100507 QUALIFIED IN SUFFOLK COON o lic 1 s' p b ~ A'' ~ COMMISSION EXPIRES OCT. 20 i ~s • • RECEIVED ~ JUL 1 2 2013 SCHEDULE °;4'° DESCRIPTIOI~OARD OF APPEALS ALL that certain plot, piece or parts! of land, situate, lying and being at Greenport, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows; BEGINNING at a point on the northerly side of Main Road said point being distant 3641.13 fleet easterly as measured along the northerly side of Main Road from the corner formed by the intersection of the easterly side of Youngs Avenue with the northerly side of Main Road, said point also being where the southwesterly corner of land of New York State intersects the said northerly side of Main Road and from said point of beginning; RUNNING THENCE along the northerly line of Main Road; South 62 degrees 46 minutes 00 seconds West 50.05 feet to land now or formerly of Gordon and Hamburger; THENCE along said land of Gordon and Hamburger (3) courses-and distances: 1) North 29 degrees 50 minutes 30 seconds West, 164:89 feet; 2) North 16 degrees 56 minutes 10 seconds West, 101.14 feet; 3) 62 degrees 46 minutes 00 seconds West, 346.92 feat to land now or formerly of Edwards Estates; THENCE along said land now or formerly of Edwards Estates, North 37 degrees 32 minutes 00 seconds West, 1004.11 feet to land of Rigos; ~ THENCE along said land of Rigos, North 55 degrees 58 minutes 00 seconds East, 522.88 feet to land of John Tuthill; THENCE along said land of .fohn Tuthill, South 46 degrees 56 minutes 10 seconds East, 1374.18 feet to said northerly line of Main Road; THENCE along said northerly line of Main Road; South 60 degrees 30 minutes 40 seconds West, 41.81 feet to land of New York State; o THENCE along said land of New York State three courses. and distances: • i 1) Norfh 46 degrees 47 minutes 50 seconds lNes#, 182.99 feats 2) South 60 degrees 09 minutes 30 seconds NJest, 269.67 feet; 3) South 29 degrees 50 minutes 30 seconds East, 'i74.6°-feet to the point cr place oo BEGINNING. F RECEIVED JUL 12 2013 BOARD OF APPEALS TOWN OF SOUTHOLD ` " BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Fonn n N.Y.S.D.E.C. 11C/{{ I Trustees Flood Permit Examined , 20 form- ater Assessment Form REC~oIn EDP Approved 20 J`jL 1 2 Z~ailto: Charles R. Cuddy, Esq. Disapproved a/c ~ f 7'~" PO Box 1547, Riverhead, NY 1190 - BOARD OF APR ~l) ~~9-82~~ Expiration , 20_ ~ Building Inspector I~ m~ / ~,d3 ICATION FOR BUILDING PERMIT Li' l___~-~-_ Date ~I'1CUJ ,203_ i;luc oP~, INSTRUCTIONS TOWN OF SOUTHOID a. is app tca ton a completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Sigt ature o applicant or name, ~ ra n) PO Box 479, Orient, NY 11957 (Maiiing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Owner Name of owner of premises Balph ana ('atherin ra t nva (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer N/A (Name and title of corporate officer) Builders License No. N%A Plumbers License No. N/A Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 26605 Main Road Orient House Number Street Hamlet County Tax Map No. 1000 Section 18 Block 03 Lot 9.11 Subdivision Ralph andeCatherine Caselnova Filed'MiipNo.`Il'I+60 Lot 2 ~ - 2. State existing use and occupancy of premises and intended use aAd'o3cupancy of proposed construction: a. Existing use and occupancy residential -single family dwelling b. Intended use and occupancy residential-single family dwelling 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work swimmin ool -25'x40' ~5 f3,.u ! (Description) 4. Estimated Cost nnn Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units N/A Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front N/A Rear Depth Height Number of Stories Dimensions of same structure with alterations oradditions: Front N/A Rear Depth Height Number of Stct#1~~:3 8. Dimensions of entire new construction: Front Rear Depth N/A Height Number of Stories N/A 9. Size of lot: Front 200' Rear 215' Depth 267' 10. Date of Purchase 1999 Name of Former Owner Scott Kaufman 1 I .Zone or use district in which premises are situated x-ao 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO x 13. Will lot be re-graded? YES_ NO~_Will excess fill be removed from premises? YES_ NOS Caselnova Orien 14. Names of Owner of premises Ralph & CatherineAddress PO Box 479 , tPhone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAYBE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES~_ NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF Su~f~f~o~l~ Lf J7~iY~liif' being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract ove//n//amed, (S)He is the f~f~ (Contractor, Age Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application aze true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swom to before me this era nc~ day of 20 13 _ ~ ottPnt,~ d o ~~f , Notary Public IWONA KODYM Signature of Applicant Notary Public, State of New York No. O1K06088386 Qualified in Suffolk County Commission Expires March 3,.201`S 1L/ Ll/ LUUU 11.44 OJl .]OJJUOU l.ftHRLLJ R IiUULI THUG UJ/b4 . APPEALS BOARD MEMBEI• gUFFO(,rcG • ,~yo~° ~ Southold Town Hall Gerard P. Goehringer, Chairman ~ 53095 Maio 12oad James Dinizio, Jr. y° = P.O. Box 1179 Lydia A. Tortora u- T Lora S. Collins O ~ .F Southold, New York,11971 ~01 ~ ~~pt' ZBA Fax (631) 765-90ti4 George Homing Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD /X ~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7. 2000 Appl. No. 4889 -RALPH AND CATHERINE CASELNOVA STREET & LOCATION: Main Road (S. R. 25), Orient 1000-18-3-9.8 (formerly 9.7) ' DgTE OF PUBLIC HEARING' November 16, 2000; December 7, 2000 Findin s of Fact PROPERTY FACTS: The applicants' property comprises 15.7 acres north of the Main Road in Orient. An easement over the east side of ttte properly provides tight-of-way access to several houses to the north. A prior owner transferred development rights on 11.3 acres to Suffolk County in 1997, leaving 4.35 acres available for development. Applicant wishes to set off 80,p00 sq. ft. for development purposes (future dwelling) at the southeast comer of the property. BASIS OF APPB,4L: Building Department's Notice of Disapproval, dated September 11., 2000, denying applicants' request for a building permit for a dwelling in this setoff because the proposed lot of 87,268 sq. ft. would include 28,100+- sq. ft. of the right-of-way and only 61,158 sq. ft. of lot area as defined in the Zoning Code. The area is zoned R-80 and 80,000 sq. ft. are required. AREA VARIANCE RELIEF REQUESTED: Applicants request approval of the proposed setoff of a lot containing less than 80,000 sq. ft. after deduction of the area covered by the right-of-way as shown on the Minor Subdivision Map prepared by Anthony Lewandowski, L.S. submitted with this application. REASONS FOR BOARD ACTION, DESCRIBED BELOW., On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) When the prior owner transferred development rights to Suffolk County, he intended to reserve two buildable lots meeting the 80,000 sq. ft. requirement of the R-80 zone. However, the reservation was made without allowance for the fact that the right-of-way over the property would not count as lot area. The Board believes it would be futile for applicants to seek to repufchase any of the development rights. Without the requested variance, they hold unusable land, (2) The Notice of Disapproval describes the right-of-way over the proposed lot as 522 feet long and 50 feet wide. Applicants' attorney submitted calculations reflecting the fact that part of the right-of-way is less than 50 feet wide, so that it measures 24,431 sq. ft. rather than 26,100 sq. ft. Thus, the proposed lot is 62,837 sq. ft. (3) A house can be built on the proposed lot with setbacks that satisfy Code requirements without variances. Such house will be surrounded on three sides by a State-owned recharge basin and applicants' undevelopable land. The fact that the lot area is less than required in the R-80 zone will make no difference visually and will have no impact on neighbors. For these reasons, Page 2 -December 7, 20~ • ~ ~ / Z8A Appl. No. 4889 , R. and C. Caselnova i/U„ Parcel 1000-IS-3-9.8 at Orient grant of the requested variance wilt not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (5) Grant of the requested variance is the- minimum action necessary antl adequate to enable applicants to have the use of the intended buildable lot while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied tor. VOTE OF THE BOARD:. AYES: Members Goehringer (Cha" (Member Dinizio was absent.) This Resolution was/ ado (q' To ra, Collins, and Norning. / ERARD P. GOEHRIN6 R, CHA1 AN Board of Zonine Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) l~ Ralph f'.a cal nnva reslding at p(1 RCL47g (Print property owner's name (Mailing Address) Orient, NY 11957 do hereby authorize Charles R. Cuddy (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. wner's Signature) Ralph Caselnova (Print Owner's Name) ~l~~ RECEIVED JUL 1 2 201? 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'•1e• x::~ 'T .i' r . r~ r t fr. ~ e - y• ~ 4 r' r il(r r 7 ;j • I f`r.. ]7.. r• ~ t S ' is ~ r.+~ F ? a ' r i • rri :~.'•L f r ~;a. i { j 1-. -(y:. :'o ~ T l '•1,,. r5(i r r r.a rt ,i, r t f 5 f _ ti, Y.l w. ' L T J ~r~X ir~„ r t r~ I r c t ~Sr`t ~..w e. r1 l ,r : , I r • r f,;.~~~ s, f r if . f ;ia +r f n. .1 7~ :4 " ~f > s F' Yf ~~f ~('F E h~ ! r.r ..~~M1,. rf. t-~t t. 1 x ;::4 t ~??y '-,cer-.{ Y r~f.: S y;. ;r ~ + r t .?.d,l 'a' ,1', < r r, S ~,~r~f .`CIA, S r ~fi a r t •Y.'•. ~ ,y o '~;5 i3 ~L,, FORM N0. 4 TOWN OF SOUTHOLD BVILDING DEPARTMENT Office of the Building Inspector Town Hall / Southold, N.Y. yam. CERTIFICATE OF OCCUPANCY '/ALf (/,/{~Q RECEIVED No: Z-27995 Date: 10/04/01 JUL 1 2 2013 THIS COiTIPIES tlfat the building NEW DWELLING BOARD OF APPEALS Location of Property: 26605 NAIN AD ORIENT (HOUSE. NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 18 Black 3 Lot 9.8 Subdiviaioa Piled Map No. Lot No. conforms substantially to the Application for Huilding Permit heretofore filed in this office dated DECEMBER 17, 1999 pursuant to which Building PexIDit No. 26277-Z dated JANUARY 1B, 2000 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WSTH DECKS, COVERED PORCH, SCREENHD PORCH AND ATTACHED THREH CAR GARAGE AS APPLIED FOR. The certificate is issued to RALPH & KAREN CASELNOVA (O'WNER) of the aforesaid building. SUFFOLK COIII7FY DSPARTM~IT OP HHAI.TR APPROVAI. R10-99-0171 06/06/01 SLKCT@ICAL CERTIFICATE NO. 41697 08/14 O1 PLOI~HRS CBItTiFICATION DATlID 09 10101 K & K PLUMBING fi HEATING Authorized ignature Rev. 1/81 c- TOWN OP SOUTHOLD PROPERTY RECORD CARD R't r_ l~~r~- I~>--=~- - OWNER STREET VILLAGE DIST. SUB. LOT Z Q f ~ Q ~ lfJ?Q S~e?lot~'L 1~'1 A ~ a- ~ ~ ~ ~~ff' , ~ ~ GL 52 I h /rVCr r le # t t Ul~.vr ~-T ~b~ 5SB9 ORM R O NE~R~ rr N _ E ACR. f~ ~ o C, ~l7~ l.~'t" M Q I YU ~ ~ l~ ; Gt t c]Y ~ ~ R . IYIC~~C~U~~U?r161.~ P~~a~~Lft'~ ~neo S W TYPE OF BUILDING "Z, 3S RES. ~ ~ SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS -~~U51~o waJ ~ r I fi n:.~ ' G i .,.JL; l 2.9 tY:; ~F ~,i iTG ~Wi9T. (~i c.tGt 1~~4a ~1~~~, L..'-~~I ~i r _.:"i u4='.. I ~ ~ ~ 1 t1 ` ~ c ~a8~ F ~ l ~ f~1.~rh ~ i'(o. Z.) Gu~nw~n ~ ~ ( e. N a ( fi t I , I t ~ n t , ~,'::i n~ .gyp ' z c/s) 2FU 320 ' 2~ i3 ~ / a 3zoo 14,000 ~ l?~Zpc~ I I'1 20o io ~ o? ~ --y~Clt L~ - l/ Z . 34..00 \8 $o0 2w2,ooo zo 2~ 1 13d ~l ~ ? C , zl ~o po ZD°loa p7 _ - be ~I 2.~ 6ao 300 '8DU Z 1 l Oa I ~n u7 ~3 ~ (oO~b 3 ~ I lZ RECEIVED Tillable ~ 1 FRONTAGE ON WATER I ~ 2013 Woodland ~ I FRONTAGE ON ROAD Meadowland x` 3 5 (n 7~ DEPTH L House Plot ~ 1 ; .-.r BULKHEAD Total _ _ yr., -I:r~ G ~'7 „arc n inn COLOR a 3 6 - - 2 Zµ u 1(0 ~,aR>~.~ n ~ ~ _ ~ 1e TRI~i1f •y~1O ig 34 I ~ 8 t'I,~ 18:3-9.11 6/11 ~ ~ 18.-3-9.8 9/01 7 `e~~c Dinette ZS of5g ~ Foundation aB. Bath M. Bldg• ,8s 1~3y 9n ' ~o FULL ~o ~ / Basement caAwL ; Floors ~ ; ~ Kit. Extension ~ ~ .~L ~ (D"d ~ - 3~1., a SLAB Extension 1 n su ~ .e}oo 1is2 Ext. Walls Interior Finish c~ ~ L.R. Sy ~t,e~r ~r Extension Fire Place y Heat D.R. Woodstove 6 , BR. ~~o o ~ u i 5~ +?a ~ 55 ~ i5 33 Dormer Fin. B. Porch 5< ~ti m.,~ 270 ~ - Attic Deck 104(p 5!a,' 2J ~ '4 STL+~'l+~'Q.~ k.+1 AvwkP v~ Breezeway Rooms 1st Floor ro c Garage w5a~ ,[foo ~~e~ Driveway Rooms 2nd Floor ~B(~ •roo,,,. 3~~,~. I ~ 2 ,tOU i~ a \ 6 9~~, O.B._ Div Pool C $9a I ig~ /7~F C/?o i lei>5 ~~s°~,' SSR, ~~c ,;/~ek, _ • o~Og0FF0(,~c0 ELIZABETH A. NEVILLE, MMC h~ ~y Town Hall, 53095 Main Road TOWN CLERK o= ~ P.O. Box 1179 H Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p • .!C Fax (631) 765-6145 MARRIAGE OFFICER 'y~ O\' Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER ~l * wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 15, 2013 RE: Zoning Appeal No. 6673 Transmitted herewith is Zoning Appeals No. 6673 of Charles R. Cuddv for Ralph Caselnova the Application to the 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, Cover Letter from Charles R. Cuddy Dated July 11, 2013, Notice of Disapproval from Building Department Dated May 14, 2013, Copy of Application for Building Permit Dated May 2, 2013, Six Pages of Deed Between Ralph & Catherine Caselnova to Town of Southold Recorded April 19, 2006, Two Pages of Findings & Determination No. 4889 Dated December 7, 2000, Copy of Property Record Card (Both Sides), Authorization Letter from Ralph Caselnova to Chazles Cuddy to Represent him in this Matter, Four Pages of Photos, Copy of Certificate of Occupancy No. Z-27995 for One Family Dwelling Dated October 4, 2001, Coy of Survey Showing Property as it Exists Dated April 11, 2013 Prepazed by Peconic Surveyors, P.C. • ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/12/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP Caselnova, Ralph and RECEIVED 6673 Catherine 1718 $1000.00 Jtll 1 52013 $1000.00 By _Ic_ Thank you. ***RECEIPT*** Date: 07/15/13 Receipt: 155825 Quantity Transactions Reference SuMotal 1 ZBAApplicationFees 6673 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK #1718 $1,000.00 Caselnova, Ralph Name: Caselnova, Ralph 26609 Main Road Po Box 479 Orient, NY 11957 Clerk ID: CAROM Intamal ID: 6673 BOARD MEMBERS ~ ~F SOU • Southold Town Hall Leslie Kanes Weisman, Chairperson l'S'O 53095 Main Road • P.O. Box 1179 ,~O Southold,NY 11971-0959 Eric Dantes ~ # Office Location: Gerazd P. Goehringer ~ C Town Annex /First Floor, Capital One Bank George Homing • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider I~COO~ N~ Southold, NY 11971 http: //southold[own.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, AUGUST 8, 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, Southold, New York 11971-0959, on THURSDAY. AUGUST 8. 2013: 11:50 A.M. -RALPH and CATHERINE CASELNOVA #6673 -Request for Variance from Article III Section 280-15 and the Building Inspector's May 14, 2013 Notice of Disapproval based on an application for building permit for an "as built" accessory in-ground swimming pool: 1) less than the code required side yard setback of 25 feet, 2) less than the code required minimum rear yard setback of 25 feet, located at: 26609 Main Road (aka State Route 25) Orient, NY. SCTM#1000-18-3-9.11 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.TothCa~Town.Southold.nv.us Dated: July 15, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 r • NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME CASELNOVA, R. & C. #6673 MAP # 18.-3-9.11 VARIANCE SETBACKS REQUEST "AS BUILT" ACCY IN-GROUND POOL DATE: THURS, AUG 8, 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-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http //southtown.northfork.net July 15, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, August 8, 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 July 22`d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attemats 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 wntten statement, or dunnq the hearing providing the returned letter to us as soon as possible: AND not later than July 29th: Please either mail or deliver to our office your Affidavit of Mailin (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 31st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 6, 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. ~i ,4 ~ ~\t/ \v~y~\~\\ .}''U #11285 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the tat day of August, 2013. Principal Clerk Sworn to before me this day of r 2013. LEGAL NOTICE 10:40 A M - at RF a r'r'v rnir SOUTHOLD 1Y1VYt'1 x§72 - -Request for Wariances from ZONING BOARD OF APPEALS Article XXII Section 250.115(B) and THURSDAY AUGUST 8, 2013 Article XIII Section 280.56 and the PUBLIC HEARINGS Building Inspector's June 28, 2013 No- NOTICE IS HEREBY GIVEN, lice of Disapproval based. on an appli- pursuant to Section 267 of the Town cation for building permit to construct Law and Town Code Chapter 280 decking additions to an existing com- (Zoniag), Town of Southold, the fol- martial building, at;l)less than the code RISTINA VOLINSKI lowin)i public hearings will 6e hdd by required bWkhead setback of 75 feet, 2) NOTARY PUBLIC-STATE OF NEW YORK the SOUTHOLD TOWN ZONING mare than the code permitted lot cover- BOARD OF APPEALS at the Town age of 30% in the MII District, located No. Ol V06105050 Halt, 53095 Main Road, P.O Box 1179, at 51500 Main Road (aka State Route 9uolltied in Suffolk County Southold, New York Y1971-0959, on 25) (adj, to Budd's Pond) Southold,NY. ing, at; 1) less than the code requved pxnucs February 28, 2016 THURSDAY AUGUST 8,2013: SCTMA1600-56.6-3.4 minimum side yard setback of IS feet, 2.Op pM - JOHH ABBOTT gbbGa i0:00 A.M. - M['fJOLAS and 11:OD A.M - SANFORD H "M 2) proposed constnrction will rasa}[ ad' from S MARY ANTONUCQ [[6538 - (ad'. E .I .A TH b:- F iFa:Ah^S SS^, in exis[ing accessory garage m aIo~a- ( 1' P~ meeting 725/13, orig. 1 PH 7/11/13) Request for Variance from from PH (J6f13) Request. for Vatiaace - Request for Variance from Article lion dfher than the. code required rear Article XXII Code Section 280-116(B) from Article XXIII Secion 280-12A and KlOf Code. Section 28U-116(B) based yard, IocatW at 2745 Pine 'Ilea Road based on an application for building the Building inspector's February 21, on an applicatioh for buBding permit (adj. to Little Creek) Ctirtchogue, NY. permit end Cba,.auVdi¢g Inspector's 2A73 Notice of Disapproval6ased on m and the Bm7tling' Inspector's.. htay 29, SCFfvI81000-104-3-6 April 24, 2013~.NOace of L) val almlicatioo for bu8d'mg permit for addi- 2013 Notlce of Disapproval cbncenriog 1Lv3 AM - At.pH a sTrr. [ions and alterations to existing single a permit for demo8tion. and rewnstruc- A. rNP n. .r NOVA M557 -Request concerning a.. permit fora 10' 5' cov- fam8 dw 1) less then the Code Lion of beachhousekahana/deck, at; 1) for Variance from Article III Section - erW deck/gazebo, ar;1) proposed strums Y minimum front yard setback Proposed sttucnire ai less than the code 280-15 and the Buildin Ins r s Ma cure at less thahttie node tCglurgd ba8c- ro9uired B pecto ' Y head setback of vS teat, looted at 8536 of 35 teet,located et: 770 Shipyard Lane - required bWkhead setback of 75 feet, 14, 2013 Notice of Disapproval based on pece~ Bay. Boulevard, (adj. m Great (oo[atr Iandon Aoad) Sou6rold, NY. located at 116$ IXd Harbor Road (adj. as application fortiuilding permit form PecoWc Bay andPrivate Rom) Larel, SCTMRI0001d-4-20 to Qrtchague Harbor)New SuHolk,NY "as bwlt"acoessoryin'groindswimmiug. NY.SCI'MM1000-li7b-5-1 s.-R_Ai oHlf C1R O1~N>:, $C7'MY1000-117-3-8.4 pool:!) keno ffian the code required sib ~ Board.Of Appeals wi8 her all (adj. from PH 7/11/13) Re• 11:15 alM - HU ai SwR9ea yrd setback of 25 feet. 2) lees than the person or ttieU repreuntaWw, irr- quat for Variants from Artfele Xx$~ X444 - Requeai for Variaea from Ar- rods required minimum soot }ard aet- Code ~Seixion 280.115. and Article IH title JOQ:I Code Section 280-105 based book of 25 feet, IoataF lk ZSSOB Maie desiring to submit elMarsete Cade Section 28D-14. and the Building on an appllratiea for building permit Road (aka State Route 25) Orient, NY before the conclusion M !salt ieasirg. Lsspector's April 15, 2013, amended and the BUllding Btspector's May 20, SCCMM100418-3-9.11 - May 13, 2013 Notice of Disapproval 2013 Notice of Disapproval concern- t36 PM - eHARr t^e r Each h°enog wri.~t-afri auger tlr - Re- desigoaled atitive. F8u era avmlahk tar based an as apptimtionfor bWlding m8 a permit to instaBdeer fencing, at west for.Variances from Article XXII review during regular buaiaps hours permit for additions and alterations [0 1) Fence height at more than the code Section 280-115(B) and Article XXIH and prior to the day of [tie heanm`. H a single family dwelling, at; l) less than permitted 4 fee[ when located in the Section 280-124 and the Buildinglnspec- you have questions, please testae[ or ttiecode required 100 foot setback from front Yard: located at 3180 Mi0 lane tor's May 6, 2013 Notice of Disapproval ofFice at, (531) 765-1804, m by email: top of bluFC 2) more thou [tie code liroi[ (aS`~~~ ~dsmtth Inlet) Peconic, NY, based on an application for building Ycki.lbtti~lbwn.$outhold.ayr number of stories (2 '/e) with a height permit for reconstructlon and alters- Dated: 7uly 15, 2013 of more than the code livut of 35 feet, 11 _'i0 A.M.- ROBFRT K cr'R rppe [ions to etds[ing single family dwelling, ZONING BOARD OF APPEALS located a[: East End Roa4 (aka Castle ~ -Request for Variances from at I) less than the code required bulk- LESLIE KANES WEISMAN,CHAIR- Road) (adj. to Block Island Sound) Article XXIII Section 280-124 and Ar- head setback of 75 feet, 2) less than the PERSON Fishers Island, NY. SCI'Me3000-1-2-5 tide III Section 280-15 and the Build- code required minimum side yard of 15 - BY: Vicki To[h - ing Inspector's June 13, 2013 Notice of fee[, 3) less than [he code requiretl mini- 54375 Main Road (Office Location) Disapproval based on an application mum wmbined side yards of 35 feet, lo- 53095 Main Road (Mailing/USPS) for building permit for additions and al- sated at 380 Midway Road (corner West P.O. Box 1179 terations [o existing single family dwell- Lake Road) (adj. to Little Pewnic Bay) Southold, NY 11971-0959 Sou[ho1d,NY.SCTMe10(I(1-90-2-4 11.285-1T8/1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS Ralph Caselnova (Name of Applicants) SCTM Parcel # 1000- 18-3-9.11 COUNTY OF SUFFOLK STATE OF NEW YORK I, Iwona Kodym residing at Mattituck, NY New York, being duly sworn, deposes and says that: On the 22 day of July , 20 1~ I personally mailed at the United States Post Office in Riverhead ,New York, by CERTIFIE17 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 (X) Assessors, or ( )County Real Property Office for every property which abuts and is across a public or private street, or vehiculaz right-of--way of record, surrounding the (applicant's property. --1~'1'l~- ~ Swoin to before me this ~G~ of T y , 20 ~3 a an~wlrMnro~o~e .y d PNw Yod H ~IIROIk Counyr otary Public) ~+a ~o' ~ PLEASE list on the back of this Af£tdavit or on a sheet of paper, the lat numbers next to the owner names and addresses for which notices were mailed. Thank you. SOUTHOLD TOWN ZONING BOARD OF APPEALS RE: Ralph Caselnova ~ ~ 'I List of adjacent property owners 1. SCTM#1000-18-4-1.3 Oysterponds Corp. c/o William P. McNaught . ~ PO Box 54 Orient, NY 11957 ~ ~ ' m ~ 2. SCTM#1000-IS-3-9.2 m Peer Smith ~ 1 2 Montague Terrace r` Page $ f0,~ 0901 Brooklyn, NY 11201 ,-a cemretlFee o f3.10 O6 O Retum Receipt Fee Postmark 3. SCTM#1000-18-3-30.3 ~ (eid0f8"1Bnt Regmrea] 42.55 Rere Restricted Delivery Fee North Brown LLC ~ (Endorsement Requiretl) f0•~ c/o Reginald Tuthill o r°e>v P.e PO Box 86 ~geaF~e $ K'•3i 07/22/2013 Orient, NY 11957 ru sent ° r-R Peter Smith M1 Street, AyCNo.; . O1POBOin/O 2 Monte ue Terrace - Ciry, State, ZlP+4 .r Brookl n NY 11201-4105 _ to ~ i I • ~ O • M1 a, • ~ _ ~ ~ ~ ~ ? N tti Postage $ $0.46 0401 M1 Postage $ f0.46 0901 O cemred Fee f3.10 06 ,a cemged Fee f3.10 06 p Retum Receipt Fee f2.55 P * O R°tum RecelPt Fee Postmedc ~ (Entlorsemem Required) ~ (Endorsement Required) f2,~ Here Rashicletl Delvery Fee ResMmad DPINery Fee M1 (Endorsement Required) f0.00 O (Endorsement Required) f0.~ M1 p Total Postage s Fees $ f6.11 07722/2013 o Tote) Postage a Fees $ f6.11 07722/2013 N Sant TO fl.l tTo a Oysterponds Corp__William-P._McNaught ,a Nor__t_h Brown LLC c/o Reginald Tuthill . ~ Sfreef, Apt No., ~ O SYreet L NO.; Ap. ~ T` o. POSOxNO. PO BOX-54 t` aPOSOxNO. PO BOX 86 CM SYefe. Z%P~<__.___.__ _ C/ty, State. ZIP+C Orient NY 11 7 Orient NY 11957 rr. :rr rr. ! ¦ Complete items t, 2, and 3. Also complete A Slam\ re item 4 if Restricted Delivery is desired. y~ O Agent -/h ~ -Print your name and address on the reverse X 1 ~L~~ ~ ? Addressee (X / so that we can return the card to you. B. ived by (Prim ) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, ~ L( ~,5~ „~.Q or on the front if space permits. D Is delvery address dMerent from Item 1 ? Yes ~rI,V7 t. Articl ~ to: If YES, enter delivery address below: ? No 1'/ry' Norte r own, LLC c/o inald Tuthill PO B 86 Orient, NY 11957 3. Service Type fb C~tifled Mall O Expreea Mall ? Registered I~Retum Receipt for Merchandise ? Insured Mail ? C.O.D. _ 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7012 a47a 001 7423 5474 - (rrensfer from service labeQ PS Form 3811, February 2004 Domestic Return Receipt tozss5-o2-M-ts4a: ~ A Slgnelure ? Agent ¦ Complete items 1, 2, and 3. Also complete ~iJ/~(J/f/f~ item 4 if Restricted Delivery is desired. f/ ? Addressee ¦ Print your name and address on the reverse C. Date of Delivery so that we can return the card to you. B. Receives by (Printed Nam ) ¦ Attach this card to the back of the mallpiece, w 7 23 ~ or on the front if space permits. D. Is delivery address differend fom item 1? ~ Ye 1. Article Addressed to: If YES, enter delivery address bebw: ? No Oysterponds Corp. William P. McNaught _ ~+a PO Box 54 " `v Orient, NY 11957 3. S rviceT ti ~CerGfl M r~ ? Reglste Retu Merotrersl~e ? Insured Mai C.O.f~ 4. Restrk;led DeliveryR (Exra Fee) D Yes l 2. ArticleNUmber 7012 047 veal 7420 195 (~iansferfrom service labeq t02gg5.02 M-7G/01 PS Form 3811, February 2004 Domestic Return Receipt i ~i ~ A Signatu ~ Agent ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. - ? Addressee ¦ Print your name and address on the reverse B R ved by (Printed Name) C. Da of Del' ery so that we can return the card to you. I ¦ Attach this card to the back of the mailpiece, or on the front if space permits. p, IsdelNery address different from item 1T ~ Yes 1. Article Addressed to: If YES, emer delNery address below: ? No Peter Smith 2 Montague Terrace Brooklyn, NY 11201-4105 3. Service Type tY-CeRHled Mall O Express Mail ~ Regletered ~ Retum tiecelpt for Merohandise ? Insured Mail ? C.O.D. _ _ . ..__s_........_..-._~__, OYes 2. P - 102595.02-M-15401 Pslvi ,ON,VG,Y GVVy VVIIItlJVIi ,'1tl111r11 f5~',elp{ - CFIARLES R. CL?DDY 3 ATTORNEY AT LAW `T ~-k5 GP.IFFNG AV'i; VT'F RR'I~RIIL.'~ll,NHIXi FORK ~I~~I~„g Add~~~_: TEL: (fi31)3f>y-fi~)0 I'.O. 13„x i x-47 FAX: (631) 3Fi9-9t~0 R ivcnc~ai~, Vl" 11901 E-mail: charles.cu~~y~n''verizou.uet July 26, 2013 Zoning Board of Appeals Southold Town PO Box 1179 SoutholG, N"i' i i97i Attn: Vicki Toth Re: Ralph Caselnova-26605 Main Road, Orient SCTM#1000-18-03 ~).ll Dear Ms. Toth: In connection with the above matter scheduled for the hearing before the Zoning Board of Appeals on August 8, 2013, enclosed please find an Affidavit of Mailing together with the green receipts cards and green signature cards. Please make tt part of your tile. Very truly yours, Charles R. Cuddy CRC:ik t. Enclosures t TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ~ / j SOUTHOLD, NEW YORK IQ b AFFIDAVIT OF In the Matter of the Application of POSTING Ralph Gasel nova (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 18-3-9.11 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Charles R. Cuddy residing at Mattituck, New York New York, being duly sworn, depose and say that: On the 29th day of July , 2013 , 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 (l0) feet or closer from the street orright-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 August s , 2013. ~ J (S~~) Sworn to before me this S~'Dayof ,2013 . IWONA KODYM Notary Public, State of New York ryy~ No. 01K06088388 Qualified in Suffolk County (Notary Public) Commission Expires March 3, 2015 'r near the entrance or driveway entrance of my property, as the area most visible to passerby. CH A RLFS R. CUDDY ~ xi-n»<n e~~ aT LAw ~ -4~6GR[FFINGAVENUE RIA'I~KILEAU,NEW YORK ~~t,~l~„~ Addr~,,: TE;L: (631)369-t~~ I10.13..a LE~47 FAX: (631)369-9(~0 ~ivcr~x•a~, NY 11901 E-maid: char~es.cu~lc{y~gberiznn.nct August 6, 2013 Zoning Board of Appeals Southold Town PO Box 1179 Southold, NY 11971 Attn: Vicki Toth Re: Ralph Caselnova-26605 Main Road, Orient SCTM#1000-18-03-9.11 Dear Ms. Toth: With reference to the above matter, enclosed please find an Affidavit of Posting. Very truly yours, C~~~'~-~ Charles R. Cuddy ~~2e~n~ CRC:ik Enclosures • • J CHARLES R. CURDY ATTOP.~I3Y AT LaW -1~6GRIPFWGAVI:NUE RIVNRHEAU,NEW YORK i,~y ,~I,~I~~,S Add~«.: TEL: (631)369-82(10 P.~`. B.>x 1E-47 FAX (631)369-9080 IT ~~cr~mac~, Nl' 1190E t]-mai~: charles.cmldy~gwerimn.net August 7, 2013 ~ RECEIVED AUG 7 2013 Zoning Board of Appeals BOARD OF APt'EALS Southold Town PO Box 1179 Southold, NY 11971 Attn: Vicki Toth Re: Ralph Caselnova-26605 Main Road, Orient SCTM#1000-18-03-9.11 Dear Ms. Toth: Enclosed please find the green signature card just received for the above matter. Please make it part of your file. Very truly yours, C~:~-,~ Charles R. Cuddy CRC:ik Enclosures BOARD MEMBERS O f SOOT Southold Town Hall Leslie Kanes Weisman, Chairperson y0 53095 Main Road • P.O. Box 1179 h~ ~O Southold, NY 11971-0959 Eric Dantes Office Location: Gerazd P. Gcehringer ei+ Q Town Annex /Fits[ Floor, Capital One Bank George Horning ~ ~ ~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~'f~'O~ ~ Southold, NY 11971 http: //southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 July 12, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6673 Owner/Applicant: Caselnova, R. & C. Action Requested: As built in-ground swimming pool -setbacks Within 500 feet of: ()State or County Road ( )Waterway (Bay, Sound, or Estuary) (X) 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, Leslie K. Weisman ZBA Chairperson B,~°~,~.~f> Encls. BOARD MEMBERS ~F SOU Southold Town Hall Leslie Kanes Weisman, Chairperson riff S309S Main Road • P.O. Box 1179 Eric Dantes ~ Southold, NY 11971-0959 #t #t Office Location: Gerard P. Gcehringer y ~ Town Annex /Fits[ Floor, Capital One Bank George Homing • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider l•`COO(~ ~ Southold, NY 11971 http: //sou thold[own. northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 August 23, 2013 Charles R. Cuddy P.O. Box 1647 Riverhead, NY 11901 RE: ZBA Application #6673 - Caselnova Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's August 22, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above vaziance application. Before commencing any construction activities, a building permit is necessazy. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. ~ ~ . 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