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HomeMy WebLinkAbout6766 PSIde - 7,Ae3 34cz A.s f t-'sc-- - - - p I BOARD MEMBERS �QF so�jy Southold Town Hall Leslie Kanes Weisman,Chairperson �0� O1 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning � ^aim 54375 Main Road(at Youngs Avenue) Kenneth Schneider com,� Southold,NY 11971 R CEI ED8 http://southoldtown.northfork.net ZONING BOARD OF APPEALS L TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 24,2014 ZBA FILE: 6766 NAME OF APPLICANT: Domeluca, LLC SCTM# 1000-23-01-2.3 PROPERTY LOCATION: 14909 Main Road (aka NYS Route 25)(adj.to Dam Pond), East Marion,NY 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 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 June 19, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 1, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R80 zone district. It's non-conforming containing 60,031 sq. ft. It is improved with a two story framed dwelling. It is located on a flag lot with frontage on Main Road (aka NYS Route 25) and fronts Dam Pond on its north property line as shown on the survey dated August 13, 2013, last revised 7/7/14 prepared by Kenneth N. Woychuk, Land Surveying. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's June 4, 2014 Notice of Disapproval based on an application for building permit to construct in-ground swimming pool, at; 1)proposed location other than the code required rear yard. RELIEF REQUESTED: The applicant requests a variance to locate an in-ground swimming pool in a side yard, where the code requires accessory structures to be located in a rear yard. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 10, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2 of 3—July 24,2014 ZBA#6766—Domeluca,LLC SCTM#1000-23-1-2.3 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 X267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In-ground swimming pools are characteristic of this neighborhood. The proposed in-ground swimming pool will be incorporated within a raised patio structure adjacent to the dwelling and will not be easily visible from the adjoining property directly to the west due to mature trees and thick vegetation at the adjoining property line. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The rear yard consists of a relatively steep slope which would require significant ground disturbance in order to install an in-ground swimming pool in a conforming rear yard location as compared to the subject side yard where the topography is relatively flat, making the subject side yard the most feasible location for an in-ground swimming pool. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed location is at a conforming side yard setback and is visually screened by mature trees and vegetation from the adjoining property directly affected. Furthermore, the proposed side yard location places the in-ground swimming pool further from the tidal wetland boundaries and at higher existing topographical elevations than what could be achieved in a rear yard location. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing an in-ground swimming pool in a side yard, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variance as applied for, and shown on the Survey/Site Plan prepared by Kenneth M. Woychuk, L.S., dated Aug. 18, 2013, last revised 7-7-14, and the architectural drawings prepared by Michael Boucher Landscape Architecture and Olson Kundig Architects, dated June 9, 2014, sheets L1.0, L4.0 and L4.1 Swimming Pool Conditions 1. Pool mechanicals shall be placed is a sound deadening enclosure. 2. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)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 Page 3 of 3—July 24,2014 ZBA#6766—Domeluca,LLC SCTM#1000-23-1-2.3 involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing 71qs /2014 BOARD MEMBERS � SO!/To Southold Town Hall Leslie Kanes Weisman,Chairperson l 53095 Main Road•P.O.Box 1179 h O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 'Pp �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyCO(J (,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD February 27, 2017 Tel.(631)765-1809•Fax(631)765-9064 Donald Wilson Schuchart Dow 59 Old Country Road East Quogue,NY 11942 Re: De Minimus Second Request,File#6766 Domeluca,LLC, 14909 Main Road, East Marion SCTM No. 1000-23-1-2.3 Dear Mr. Wilson; We are in receipt of your correspondence received February 27, 2017,requesting a de minimus approval for proposed improvements to the above subject property, In the prior determination No. 6766,your client was granted a variance for a swimming pool located in the non-conforming side yard with a code conforming side yard setback. In this recent request,the proposed swimming pool will be shifted to a more southerly location upon the property, but still maintain a conforming 20 foot setback from the property line. Based upon the information provided as shown on the site plan prepared by Olson Kundig Architects, last revised February 20, 2017, I have determined that your request to modify improvements is de minimus in nature because no additional non-conformity will be created,and the intent of the original ZBA decision will not be altered. In order to finalize our decision,we kindly ask that your design professional properly sign and seal two(2)copies of the submitted site plan last revised February 20,2017. Please contact our office if you have any further questions or concerns. Once the site plans are sign and sealed, I will instruct the office to send a copy of this letter and your request to the Building Department. SEieanes Weisman Chairperson/Department Head CC: Michael Verity, Building Department a� P Y� schuchort dow D Partners.Builders Craftsmen. FES 2 7 201 Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O.Box1179 Southold, NY 11971-0959 Re: Dome Luca, LLC Project ZBA FILE: 6766 NAME OF APPLICANT: Dome luca, LLC SCTM#1000-23-01-2.3 PROPERTY LOCATION: 14909 Main Road (aka NYS Route 23) (adj.to Dam Pond), East Marion, NY Dear Members of the Board, We are submitting the following as a Deminimis request for the ruling issued on July 24th 2014 with adjustments as per your response (Dated Feb 6th 2017)to our previous Demininmis letter. We have modified the design by moving the pool 8'to the East"to be conforming to the code requiring a 20' property line setback for a pool located in a conforming location". As in the first deminimis letter,the work is being downscaled in Scope, Elevation and Size.The specifics are as follows: - The permitted pool dimensions were 16'-W' x 86'-6" and the new pool is 14'x 76' - The pool shifted 19'to the south and 5'to the west. - The elevation dropped from 30',extending 4'above grade on the west side to being flush with adjacent grade on all four sides at elevation 25.40' - Other elements that were changed in the design process are:the elimination of a 31'x31'-5" elevated garden,and the pool terrace changed from a 20'x54' concrete pad to a 13'x42' lawn panel We have attached drawings of the site plan submitted with the original relief application as well as the new proposed site plan (Michael Boucher Architect).We hope this information is adequate for the board to determine if these changes still fall within the parameters of relief issued in the original determination. Please let us know if further information is required. We look forward to your response. Respectfully Submitted Donald Wilson Project Supervisor Schuchart Dow BOARD MEMBERS ®OO*0VFF0J/(ell Town Hall Annex Leslie Kanes Weisman,Chairperson 53095 Route 25,Main Road Patricia Acampora P.O. Box 1179 Eric Dantes Southold,NY 11971 Robert Lehnert,Jr. ear ® ®`� Telephone(631)765-1809 Nicholas PlanamentoIr http:Hsoutholdtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD November 7, 2022 Steven Affelt, AIA P.O. Box 762 Great River,NY 11739 Re: De Minimus DENIAL, File 96766 Domeluca, LLC, 14909 Main Road, East Marion SCTM No. 1000-23-1-2.3 Dear Mr. Affelt; We are in receipt of your correspondence, dated October 20, 2022, requesting a de minimus approval for proposed improvements to the above subject property. I placed the applicant's third de minimus request on the agenda of the Board of Appeals Regular Meeting of November 3, 2022. We reviewed your letter, your amended site plan dated July 1, 2022, the approved amended site plan last revised February 20, 2017, as well as the Zoning Board of Appeals de minimus approval determinations. In the prior de minimus determination you were granted approval to relocate a swimming pool, amended in size to 14 feet by 75 feet, and to be shifted further west in the side yard but maintain a side yard location setback 20 feet from the property line. In your current correspondence, you are asking that the pool be resited to 14 feet by 82.1 feet, a larger design. It is the Board's opinion that this third request to change the size of the proposed swimming pool on an Appeal originally granted on July 24, 2014, would alter the intent of the original decision. As a result, the proposed change is not de minimus in nature. Should you wish to pursue a larger size swimming pool located in the side yard, you will need additional variance relief with a new application and a public hearing. Please contact our office for any additional questions or concerns. S nc r y, t. Leslie Kanes Weisman Chairperson/Department Head CC: Michael Verity,Building Department Steven Affelt, AIA PO Box 762 Architecture Great River,NY 11739 Intelligent Design (631)553-6333 Sustainable Building October 20,2022 Leslie Kanes Weisman Chairperson,Zoning Poard of Appeals Town of Southold 54375 Route 25 PO Box 1179 Southold,NY 11971 Re: ZBA File; 6766 Domeluca II,LLC 14909 Route 25 East Marion,-.NY 1000-23-1-2.3' Dear Chairperson Weisman and Members of the Board, My client would like io construct an underground pool filter equipment vault and re-construct the existing swimming pool in its current location with a size change to 14'-0"_x-8_2'-1"interior finished dimensions.The pool,and other various constructed elements were permitted under ZBA file 6766,dated July 24th,2014.The Building Department'issued an informal denial and recommended I contact the Zoning Board of Appeals and obtain a deminimis request approval before they will review and issue a permit: The original approval permitted a 16'-4"x 83'-11"size pool,however a previous deminimis request was submitted to construct a smaller 14'-0"x 75'-0"pool in a different location.This change was authorized,and the�ool was cons n, t din the si e yacT rd, outde of the required_side setback.The pool equipment was installed adjacent to the pool,within the 20'-0"side yard se–Tt qac il— I have attached a site plan and construction documents that illustrate the proposed work for your use in considering my request.All of the proposed construction remains outside of the 20'-0"side yard setback and relocates the filter equipment outside of the setback.The underground equipment vault is also in the side yard,between the dwelling and the pool location.The pool elongates towards the South,but does not cross the foremost plane of the garage. I would like to request the board provide an approval of this third deminimis request that will satisfy the Building Department s request that we consult the Board before they will review our application. Thank-you for your'iime in review of this matter.Please feel free to contact me with and questions or requests for additional information. Respectfully, f� 1 r� Steven Affelt,AIA License No.037611 Great]Uver,NY 11739 PO Box 762 "fele;(631)553-6333 steve.affelt@gmo.com PLAN SUBMITTED JUNE 9, 2014 I CURRENT PLAN REVISED FEBRUARY 20, 2017 mbla inc -' I mbla enc I �I _-_� 0� michael boucher landscape architecture -1 -_' michael Boucher landscape architecture I 1 457 US Route 1 Suite 2 457 US Route 1 Suite 2 Freeport,ME 04032 Freeport,ME 04032 I t 207.865.1080 t 207.865.1080 1 II f 207.865.1455 f 207.865.1455 II www.boucherlandscape.com ; www.boucherlandscape.com Qcopyright 2014 ©copyright 2014 I - li - I II =-:_ � ` l l Architect - -- --I-- I �' / Architect --' 1� ; ' _ I I Olson Kundig Architects / ,, ; Olson Kundig Architects -11- - - - - - - - - - - - - - - - - - - - 159 South Jackson St., _..-.. .. . ,/..-. . .-.. - .�. -..-::-..,-..-..-..._>..-..-.._..-. .-.. -..-. . -..-..-..-..-..-..-.. - ..-.._..- .._ 159 South Jackson St., I � /� � � � � - -- - - - - -- - -- -- -- - - -- - -- - -- -- -- - -- - - -- - - - - j // / - --_------------------------------------------------------- Suite 600 c _ Suite 600 + - - ------- --/,_11 , 11 -- 73' y- - ` __ _--_---------- Seattle,WA 98104, USA - - / // // / -- - - \� / II - �- , -' - -- Seattle,WA 98104, USA /I / I 57 - - Phone:206.624.5670 // !I / //// - Phone:206.624.5670 I I , I Fax:206.624.3730 ;' i /" , , Fax:206.624.3730 II - - - ��' i i - /' ' ---- -- - I I / I -- I -- - ': - - -V-- y--- _____7/ - -- ---- j ra. ---- ---- I ,I/ ,/ / ,I ," ,I ," I" I /," I� - �; --_ -- I . ,_ F I; i/ r / r-_-_- - ----.-_--------- / // it,/ , , I I ,I I "I / I I � F � ) / ,/ // /,/ I� / i I I " :! . �1� � � i / / 25, -�► . ,,/� // / " / "I / ,�_ I ==!= / ' I /� 1 -- - _ -- 75!!���� - i% I I , , // I % ; / I " � !! 1 I ___r� /, // 11 , - _ Y� � � [I,, :11 ; - I " I I/ / / / I I . 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I I I I \ \ NOT FOR CONSTRUCTION ---t ;� mbla inc : -!'—,: I �7' /• / : I 1, '---- . . michael boucher landscape architecture / / /' / / P 457 US Route 1 Suite 2 . 11, /• /• / /� Freeport,ME 04032 . /" J t 207.865.1080 f 207.865.1455 '• /. / /` www boucherlandsca e com p /• ` Qcopyright 2014 % i, I , /• / �i -- --- ii - o /• ; ;; ' /� / j /' / //— _.I t i II // t / Architect _ Olson Kundi Architects -..—.. ../-/.�/....—. — . .—./. ' .. .- .—. .—' .—..—..— ..—..—.. ..—. .—.. —..—.. —..—..—..—. .— ..—..—.. —..�..—..—.. —../..—.. — ..— ..—/ ..—..—..I..—.. '�. .—..—I..—..— ..—..— ..—.. .—.. % —..— ..—..—..—..—.. —..—.. i —..—..—..� ..—.. — ..�. ..� Jackson S \ I I i, � � ! 159 Southt. � -I---------------------- -- - - - ` ,P, I, '1 � I /' � f // Suite 600 - ----/ - // /// /; / / - -----_ _ o I /- —- -- _ Seattle, WA 98104, USA 11 / / a / l It i ' / i , " - -- - I I - L 1 - ` Phone:206.624.5670 It ' / Fax:206.624.3730 �. I/ / / / I -- - I / - -- / F - - ---- - . 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I' I I '\ ---�� POOL 1 i i ' I I 1 \ / I i� / � � ( / II \I\ \t -d- (I 1 I I i ' ` /• / / t " 0 GATE I I ' / I I I \ '-0" - _ I 11 I 1 I t ` / I 1 !- I ---- / / , I 14 '� I i \ , I I I I I, \ I u DATE I il ` ' TQ�00 I I—' ' -- / - I WETLAND I I I I 1 I I I \ I/ _ / DATE I/ ;" i I \ SETBACK ,, I j ---- -- - 1 _ I \ I � •' �• - 1 _ - I I %' / / I 'I , 1l' I � W 1i / i �\ I I � I I I I /• I � � ���'rJ ` � January 18, 2017 -- I I \ I / \ Co p Z ' �/ \ / I I , i �'� I 'I I I I i ' / I I ' \ I � F- - `\ \ 1 I I I I I / I , I � 111 / � \ \ DATE OF ISSUE: \ - ,I I — .—..—..—..—..—..—..—..—. —..—..—. \ .—..—. — —.. ..—.1—. ' —. �_I / j' - \ ..—. —..— — \. i.—..—..—..—. .—.�..—. —.. .— �./• • ' / 1 i_ �� =_ \ I PROJECT NUMBER: —L. I .1. I / ./- ..,7 h J � \ / •°� / I I I 'I I r/ I \ L�� �� --I JI 11 I /' •/ I I • \ \y/ / / I i ;.� I \ CY- / II STATUS: I / / 1 I I - 1 i -- _ 'i 1 i 1 j ) / I ? / 1 1 I I 1 / / / 11 ` (1 / / 1 I I I I .��• � \ -I`- r I I �' .. / \`\ \f- .\ \ II I .I I Q(�/ .' ' / \ / ' ,............. ... .4..............................................L...........L........... �........ ....... .i-r... . a... .......-..........1...........' . - I'-.-........J......._.......'....r.0 I - - -.' " , / �_I_, ,\\ I � I — " � � \ \-,---:\- \ � I 1 '--/ co `/ // / I \ 11o I I I \ _ -\ --I- X ' FINAL MAP Noo �' I I I I c,J �,' -- I _ I I I I `\ / REVIEWED BY ZBA ` � � 111111 ' = / / I ' I I ! =-JI \ I1 i , �\ i ) - � / I I I I / � I 1 -='I' __ ! SEE DECISION # b7 . \ I I � I I --'-i' -- \I ' 1 I I III I \ \ \ � =�� --- I / �� I I _ - DATED / / 1 I,I ,I I I i I \ \ �� \ _ _ I I I 1 I �/ , ` ' I I I I _ 1_ - -' _ _ — I I I � I \\ -== _ SITE PLAN \ 1111 --\ \p" ', \ - - - -\ ---) _ - - - - ' , 1 ✓ I I I \ - ---- ; _1I t I \ \ —:-- - 7 --�/\ \ I I \ I r� \ 1 , 111 \ \\\ \ \ \ r 1 I \ . \ 1 I1 I _ --' / • • NOT FOR CONSTRUCTION / mbla inc / michael houchar larmcaDe arch lecture / / ArCFi!ecY Olson Kundig Architects ---- - s 5 J ks 5.- c / 57Ph_ F-2c6 2a ne x5 sea - / PROPOSED DRIVEWAY 122'. AUTO COURT/,+ / BASKETBALL COURT ` ---------- ----- - - / : I , y _ TENNIS'COURT e " - -- -- / COVERED _ --- -- PATIO / GARDEN /m TENNIS + VIEWING p ._2. AREA �' NORTH FORK � - 24' ,,_ 27-7' GAR RESIDENCE �_—� / GARDEN _— —— East Marion New York 6' GARDEN R FINAL. MAP R BRAG / TERR�C REVIEWED BY ZB t r ---------------- 20 a - 4' /61YPICAL e SEE DECISION #pgy Cly \ _ e DATED `7 0V /0 - v -- 33 - A NORTH GARDEN -�2' \ f I o s 30 60 \_ \ ' 42-r __;_ GARDEN I POOL c 0 TERRACE POOL / REVISION' Jo c%9�2014 _— - - —_— _— _— -- -- -- —_ — _ -- �. - emwr«u— ms kEOEIUEL SUN 20140 ■ ZONING BOAkD OF APPEALS SITE PLAN - • • NOT FOR CONSTRUCTION - - mbla inc mleFael houcher landscape ad ilBchre Lj:I �- Olson Kundig Architects Su9e-t Jackson SI SW I '1 stairsbe and tnewnea1oa_usA - -- elev.30.0 elev-30.0 Phn 2 6245670 elev 5 �. zos 6243 0 elev.28.0 elev.24 8 elev.20.6 - - -- a' - elev.:20.0 elev.19.5 1 SOUTH ELEVATION pool terrace garden covered porch main house entry property line guesthouse auto court 1 L4 0 1:10 -77-7777 NORTH FORK _ _ T—rt j RESIDENCE } East Marion - - New York elev.30.0 elev.30.0 elev.24.0 2 10 20 40 NORTH ELEVATION 0^ I�� L4.0 1:10 REVISION. I__ __.._. ____. -.--E ' F�NA� MA BA By Junes�swel4 REVIEWED oN=, �eEa DECISION SEEED � �N � �i DATL41 0 SECTIONS NOT FOR CONSTRUCTION mbla inc II michael Boucher landscape architecture y t 155 Architects .11 c k—�sl 59 3y S_ n 600 • -` �-- 5 rile JJA 98104 USA elev.30.0 Phone 20E 624 5-o elev 26.0 Fax 2066243730 —elev.24.0 elev.19.8-- elev.20.0 \ entry garden garden 1 EAST ELEVATION L4.1 1:10 I FINAL MAP NORTH FORK REVIEWED BY ZBA RESIDENCE A, East Marion SEE DECISION # New York elev.30.0 elev.30.0 DATED a elev.26.0 elev.24.0 `­71e, .._ ,VA. .z -- � elev_20,8 < wetland setback pool jean prouve building 0 10 so ao 2 WEST ELEVATION I L4.1 1 10 REVISION: ..............oar[ elev_19.0 elev.19.0 elev.19.5 elev 19.5 a� elev 12 2 \ m o Eeff ss oto _ elev.9.0 '^ a ,a ,3>.. ,.\ .\ .\... \. `\\ �\... � -..�� �.. \` .rte:• tennis court covered patio garage guesthouse wetland setback L4 , 1 3 TENNIS COURT SECTION Lal 110 SECTIONS 6 FIRM ZONE BOUNDARIES ARE COINCIDENT WITH SHORELINES �5,e�, �� �� MEAN HIGH WATER LINE LAND N/F coo OF B$ ° Cit 1000-22-3-34 © �� JOSEPH BEROV a_ 000-22-3-3 La T - 7YPIC4L SILT FENCE/HAY BALE OPTIONS 9,014 S.F. \\ 0.21 ACRES 000-22-3-3 TYPICAL SILT 8,896 S.F. SCREEN SECTION 20ft 0.20 ACRES �0-22-3-3 `\ j'R( 12 o to I GEOTEXTILE FABRIC O rte. SUPPORT POSTS �� O p O 4 wooD OR frIETAL ' \ \ O � N � LAND N/F FLOW DIRECTION J� ' :� � O- C Go OF LAND N/f p CTI W W 000UNTY OF SUFFOLK I OF EXCAVATED AND �� ` ' - ' CR O tj TOWN OF SOUTHOLD ' BACKFILLED TRENCH -/ 2 1%3C ` O I /-� MEAN HIGH WATER INE EXISTING GROUND 07 y. CI I I . •_.. all 1 CII � � '_� -'� _/ � � .9lr" '•�0t - - 45•°0, 45 00, \ \ \ EXISTING AREA: MEW ES TO PRIMNT 1000-23-1-2.3: 60,032 S.F. or 1.38 ACRES OR IWINE �1 ,-� O 1000-22-3-34: 43,285 S.F. or 0.99 ACRES Fww / SrAW AM ortRENCNED TOTAL: 103,317 S.F. or 2.37 ACRES STRAW BALE 1000-23-1-2.5: 38,348 S.F. or 0.88 ACRES 1000-22-3=37: 8,779- S.F. or 0.20 ACRES r M► �-� -� �� �� �-' �� �J TOTAL 47,127. S.F. .or 1.08 _ACRES-. 1000-23-1-2.4: 37,097 S.F. or 0.85 ACRES 1000-22-3-35: 9,014 S.F. or 0.21 ACRES TOTAL: 46,111 S.F. or 1.06 ACRES 1000-23-1-2.6: 52,117 S.F. or 1.20 ACRES 1000-22-3-33: 151,270 S.F. or 3.47 ACRES 1000-22-3-36: 8,896 S.F. or 0.20 ACRES m-` �J �� �DA POND,- D, �` -f �J TOTAL: 212,283 S.F. or 4.87 ACRES Z 1000-22-3-33 � r•.. 151,270 S.F.__/ X3.47 ACRES � O PROPOSED AREA: DOME LUCA, LLC 1000-23-1-2.3 1000-22-3-34 0&@ 1000-23-1-2.6 1000-22-3-33 1000-22-3-36 ROCK PILE---/ �-� �� �-� �� �� TOTAL: 315,600 S.F. or 7.24 ACRES ELEV. 20.4 ,-� �J ,+�V�h '-� �-� �-� ,- PROPOSED AREA: TREASURE ISLAND COVE, LLC lb 1000-23-1-2.5 DR BROWN �� �� ,-� i-� -h ,-, e0,, j c, a �� i-� �-� �� �- �J �� 1000-22-3-37 OL SANDY LOAM 1 ©& ©- 1000-23-1-2.4 BROWN 1000-22-3-35 Sc `~ INTERTIDAL TOTAL: 93,238 S.F. or 2.14 ACRES LAYEY SAN 3.5 ��� �i �� �� �� t+y MARSH AREA-/ 112 PALE w d'eS SP BROWN 13 �o .��a MEDIUM J r-� i-� 66'4 166047 fit f14 fit t40� � , SAND ft5 ,too MEAN HIGH WATER LINE WITH GRAVE �� r-� + I f9 f19 fte fn fte MEAN HIGH WATER IJNE� i--- _�.._..9.. 120 9 f2t ----------- �0 � 3 WOOD �4 • _-- OF 13A,NKt f2 DOCK 122 NO - -TOP ft NO WATER , 8 _ 1 7 Q 10 O O `��� 4 L /23 12 �.�."r'� MAY 10, 2014 f24 16 MON O MON. KENNETH WOYCHUK LS 18LRATS OF ARTICLE 25 L*� 00-23-1-2.3 O TIDAL WETLAND BOUNDARY AS DELINEATED 20 Z KJLFJSDL7M ON { SIDE BY EN-CONSULTANTS DEC. 5, 2013 22 - - - - - - - g /OF PROPERTY-AS DETERMINED . 0IA 0'DI4x4'DEEP �,_ 1000-2 -1- BY NYSDEC ON 05/28/14 Q1 p n t\ r 2� 22 RET 10 �.� PORC t PROP k �•�� 4 AR'18 16 12 17.3. 29.9 ^ i 7.0 iv �o : r� LLED .�1. _ 14� LID 16.9 t ' I .-•-:,:.-:..-:.-. ; ;::� w 2 STY F .... •-_.._- t•.. WELL __ w DEL NG t I `l _ O . r;:'::'•m;%:iz�: ;:_ •!_.•.: _.._ t::':i5;��:' �=:.ri;:::a:��3`s�:�jY�j'"^�`. :: :� FRM. SHED I 24 :. •�_.�::=i�;-=. �_. -t=..._.......>-= m:. •_:'�.: az��;. ,-: s::-��• .t::�::.::.:::::::=::::.__;.:.-• 8'OWr DEEP PROPOSED . __ LAND N/F To BE DEtuousHE 28 -::• : .•- :<_: . : '.=;; :• _: :_-: •:::-::•:. :;:=_-:= r:::=: I O ND / _ - _ _ unLmEs OF - JOSEPH BEROV i T _-- __= = TE _ S = - _ _ _ =-__ = --.. WELL - _- - --- O =_ _ o - _ SOIL STOCK PILE :LP - _ - - ,4J __• & CONC. WASH OUT AREA 8 DWc16'DEEP --_-- WELL e� O ____ __-- = _ -- = - = TO BE LOCATED IN PROPOSED ............. :•::::�_. 9.0' PARKING AREA. LAND N/F 20 EL 20.4 :` '"' :p OF - - CA REED RUBIN JRr4r3 - s W r w.- 18 0� - 15090, 7.75 _-:- == - ==- 1 W=>.''. _ Sp• v1 - abax3DOEP - -- _ W - 18 - / F - - - ~.�,.--�� ��-,._-. '"". _ ELL DRAINAGE CALCULATIONS: O' BEMSTIN 30'R.ow. LAND N ./F BE - - - I 4 ci 000- 3-1-2.5 � 1xr�,��=' . '-- --- :- - OVERE PORCH =2 791 SQ.FT. =_ Ja • +OFFICE LOCATION: 0� So if0 MAILING ADDRESS: Town Hall Annex O l P.O. Box 1179 � � O 54375 State Route 25 Southold, NY 11971 (co Main Rd. &Youngs Ave.) Sout Id, NY 11971 COO_ Q Telephone: 631765-1938 Fax: 631765-3136 COU l � Q LOCAL WATERFRONT REVITALIZATION PROGRAM J 1 TOWN OF SOUTHOLD n MEMORANDUM RE CMM To: Leslie Weisman, Chair JUL 1 2014 Members of the Zoning Board of Appeals ZONING g OAkp OF APPEAL From: Mark Terry, Principal Planner LWRP Coordinator Date: July 1, 2014 Re: Coastal Consistency Review for ZBA File Ref DOMELLICA. LLC#6766 SCTM#1000-23-1-2.3 DOMELLICA. LLC#6766 - Request for Variance from Article III Section 280-15 and the Building Inspector's June 4, 2014 Notice of Disapproval based on an application for building permit to construct in-ground swimming pool, at; 1) proposed location other than the code required rear yard, located at: 14909 Main Road (aka State Route 25) (adj. to Dam Pond) East Marion, NY. SCTM#1000-23-1-2.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP provided that the following is considered to further Policy 6: Dam Pond is a designated NYSDOS Significant Fish and Wildlife Habitat and NYSDEC Critical Environmental Area and best management practices to protect ecological functions and values of the system are warranted. Note that the survey shows that the NYSDEC took Article 25 jurisdiction starting at the 10' topographical contour in the east of the property and ending at the 22' topographical contour to the west. A discussion with a NYSDEC representative on July 1, 2014 confirmed this location as accurate. This decision is important as it limits alternative locations for the pool without further multi agency review. It is recommended that the applicant identify a pool de-watering well. _ o , E 'Gp 79I1 WN ren i.. yIii� t aP dl IA�MAIM Rb r P $ ' Figure 1. Subject residence. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiel Assistant Town Attorney R lIl JUL 1 - 2014 ZONING BOARD OF APPEALS • �:OUNTY OF SUFFOLK • RkCEIUED \ � JUN 2 6 2014 BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment June 19, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number De Croisset,Nicolas 6762 Johnson,Michael 6764 Gonzalez, Jewell 6765 Domeluca LLC 6766 Stratigos, Helen 6767 Warden, Robert Goodwin 6768 MMMM Beer, LLC 6770 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0(631)853-5191 OfN,t1�5' pppppp, FORM NO. 3 NOTICE OF DISAPPROVAL 1 DATE: June 4, 2014 TO: M. A. Kemack(Dome Luca LLC) RECEIVED 321 Riverside Drive Riverhead, NY 11901O i A JUN 0 6 "r? Please take notice that your application dated June 4, 2014 i BOARD OF iAPPEALS For permit to construct an in-ground Swimming pool at Location of property: 14909 Main Road, East Marion County Tax Map No. 1000—Section 23 Block 1 Lot 2_3 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool is not permitted pursuant to Article III, Section 280-15 which states, "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120 R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." Tjqj ro Lsed acces0rVin-ground swimming pool is noted as being located in the side yard. Lthorized S' ature Note to Applicant: Any ge or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC.-file, Z.B.A. RECEIVED JUN 0 6 2014 �­I(p BeARD Fee:$ Filed By: Assignment No. PPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Street AA/�//V XQAQ Hamlet 4f, 9ST:M,4ie!16V SCTM 1000 Section Block Lot(s) Lot Size /, ,18 Zone -8Q I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED61 4�O BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): 490^9 Z or'IV ZZ G Mailing Address: /� ���' IZVW a 04P. 1-1,,47 "/7V elC /�/.y Telephone:63 .229-AM.,f Fax:IJ298-42/4 Email:d 7LW'*7VA1-. rA111UM 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: M1'['/a,4,6V A A! /Z qQ for 0)Owner( )Other: Address: el V.tLiEl�„P,/y p,� .o1�. /►1-y �/ Q0 Telephoner?%ZZ: Fax: Email: ,y,r1AMC,/t a&,O A/ 7- Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), 04 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATEDeozaZ ?and DENIED AN APPLICATION DATED 4 /¢FOR: ()dBuilding Permit ( ) Certificate of Occupancy ( )Pre-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: Section: Subsection: Type of Appeal. An Appeal is made for: j 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 Vhas, ( ) has not been made at anv time witb res ect to this property, UNDER Appeal No(s). 4q��1 Year(s). AM . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner:NOZ/fA-V W1V1 y fy5-VA> ZBA File# • RECEIVED , JUN, 0 6 2014 ` BOARD OARD 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 properties if granted,because: 17271,--.,�e4PDXEA Pohl W141 1 14 G04V11Y JWVO>ivG 7NO 7-67t LC'L4-:-YW770A1 ot=7NePOOL WD4,140 A OW eai'fi'��N1'v ep W17-V YW.,r- 4W1j7-!/VG 0WA-461Ao169 Fl psT-icLo o p�L �/,QYiGw. 1h'jr v/.lY,t Z /111>0t07-GVLW44 BSM/N� I-ROW 6'Q7W 'ff Lsre L4 0 :rOprp010y) 2.The benefit sought by the applicant CANNOT be achieved b some method feasible for the applicant to pursue,other than an area variance,because: ����Q,�L �'d4L LD CIV", oV/S AWX ilNLY AZr4J ,fZe 4XZ-i - 777�AEf01, ,0)e"P YA,OD /5 pvr11A1A770,0 SOY�a,*--wtXr41W -V0r,B44:X'_' 0CW11pA,'Y -11me. )%4 crl C4W-1 Y ANA'— ,PE 4 )tZN05&A151VrW17-V 4W J'tG�S/>F�4 TGRGY/ivo GrrrUW�swC,-. 6'al IVR V'gyr-A2 WX7-emJ.X- "Oe- 3.The amount of relief requested is not substantial because: 111,A5 IRRDVa1.tc!!J JVs/W Qr /'RD!'oJ P•r19la &,*i�D,0A1 AXjrW CONN I J/YG ➢Jy���01 �9/ D'� �oL.S;z W �us�lc�Ur�YS' r�, �i✓�/NG .��aUr�, r ,i� apofPoGiLDo s No1"'iiV�RU�oE onr � J'ld YA .9�c 4,7 7;A- WAOzoOAA ��. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because:OZ PR p,AQl, .D R61,61 W 004PP NMZ/1/AY/�`1VL liyiPAC7-CA/ WW!oUJ?f��` ',4AID /S t/>J LL Y pLCOWD gY,# NA rl R. ARE L`AI,& 1 1` C4 7N.E E.4r7'•/s Al',POC. goa Al" ,CRO19 ,00& WVICIN Zr AW ME��'IyNG JV60AX 5.Has the alleged difficulty been self created? )e Yes,or { ) No Why: Are there any Covenants or Restrictions concerning this land? X No ( ) Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature oT Applicant or Authorized Agent //__ (Agent must submit written Authorization from Owner) Sworn to before me thiL14)day Notary Public CONNIE D. BUNCH Notary Public,State of New York No.01 BU6185060 QuaNNed in Suffolk County Commission Expires April 14,2 d lk RECEIVED • • Glk, .r APPLICANT'S PROJECT DESCRIPTION JUN 0 6 2014 BOARD O;dp/m4f- 1. APPLICANT: /y� �, ,LJ�G DATE PREPARED:For Demolition of Existing Building Areas Please describe areas being removed: A%. 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: q/ /�'� III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General CharacteristicsBEFORE Alterations: ts orf Number of Floors and Changes WITH Alterations: NZA 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: CQ11JjA'*&e "/D�19 DF �.edd,{ 1� PDOG L D CJS ZZP 1W 1'l i� ,0 VZ 4NI-9 4611,7-N///""���c�"���oYYY�.�""�J, 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): r B ODS. 1-4'yp IV pje' t& . 11s� 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 RECEIVED JUN oZ��i QUESTIONNAIRE 6 2014 FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? No Yes please exvlain on attached sheet. J �Q rr/rU/tiu1-f 6WAVIC C.,VXN&,X, OV �r43, No,Qr/ .2'LYr'1�,� Ort C. 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 property bulk headed between the wetlands area and the upland building area? A16 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Yj!�S Please confirm status of your inquiry or application with the Trustees:_,F&6 MM A25) t /T'AOWI L47'`O/Y 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? Ald E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?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? /I/ If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel and the proposed use Z415�y� w Po d (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date S 0 P k EIVED JuN u6 2014 AGRICULTURAL DATA STATEMENT BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: G 2. Address of Applicant: 3. Name of Land Owner(if o er than Applicant): 4. Address of Land Owner: r UQ, ",VZJ[mC&.1M.z. Zz i! 5. Description of Proposed Project:, C'd'N Grl/ON O.": I//71,E/J DOG/fPyr.,,6 o9wo 64wooAl 6. Location of Property:(road and Tax map /qQQ 9 Xd—V- ,f,'0.AR/4V number)NgCr ?gFMb/�i/�f'.U.�.OW/�eENTTd 7. Is the parcel within 500 feet of a farm operation? { } Yes No 8. Is this parcel actively farmed? { } Yes XNo 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) G1 61 4 of 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 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 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 the time the application is submitted for review. f R EIVED 617.20 71D� Appendix B j U N 0 6 2014 Short Environmental Assessment Form BOARD OF APPEALS Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information C9d O":%0A1 i5Z-45 VW 92FP ?6,61— Name QLName of Action or Project: 9 Project Location(describe,and attach a location map): Brief Description of Proposed Action: C o/VJ'Y7e0CP7ON DF Name of Applicant or Sponsor: Telephone: Z 6 / L E l C Address: A21 R&EOQ5 /V.E City/PO: State: Zip Code: ev A/ ©) 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. X_ 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name andpermit ora proval: l>sTFt�S':,gpiyl�►J,D�,�.�j?Y� >PEpH l T 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? Dog acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ?.?4 acres 11V Oit�O�G'�95' 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban XRural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 . V RECEIVE® 5. Is the proposed action, JUN U 6 2014 NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? Rn RD OF t'E LS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: j 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:/V,Fl.0 C Jy�z/t9 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑ Early mid-successional 9 Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? )ANO ❑YES _X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO YES /Il,,�'fiJ fey Page 2 of 4 • i R7�� JUN 0 6 7014 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? � � � OF A PEA If Yes,explain purpose and size: F� /l/�Z BOOL LY 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X, I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: _ L ,CJ G Date: Signature: ,) Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 ( -1(P(P No,or Moderate JUN � � 204 small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potenti'al or erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED �e: �Ui46 APPLICANT/OWNER JUN TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: P0/4 w L U Cw LL C. (Last iiame,first name,middle initial,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 Building Permit X Variance Trustee Permit X _ 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 the shares. t� YES NO J� 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 th' day of LrUN,2o� Signatur 4 n )CO y� Print Name �/ /V 4 Z= 46,bwl pCF1-f,,Az I.UCA LL C� R CEIVED aN± lb??l 4 AGENT/REPRESENTATIVE BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : lw e ,452 (Last name,first name,middle initial,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 Building Permit X Variance 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 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�4-1hday of (J)NE ,2014 Signature r! - �/�7 Print Name &zQa1e5L 14_ RCEIVED Town of Southold (o 76 Jury �, 6 2014 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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 Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board Planning Dept. E Building Dept. X Board of Trustees 0S 1. 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: ZN Nature and extent of action: RECEIVED 7( JU 06 2014 BOARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No JCC�4 Not Applicable 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 ❑ NoX Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No X Not Applicable Created on 5125105 11:20 AM • • RECEIVE® JUN 062O i4 Location of action: 4--Z,Q Q 9 Meq//V 6,4J7 &491041, APPEALS Site acreage: /,,_3$ L'U/AKU UF Present land use: ,� f'//J ✓ L Present zoning classification: f/��jy,7l�L 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: Aelc'yiq� A &ZX9 016 (b) Mailing address: ��Zl &UW jj� Rl(/, ,Q , , Al,X (c) Telephone number: Area Code( ) 63>•- �0�7' r /D3 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ Nov 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 of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Yj Not Applicable 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 0 Not Applicable RECEIVED JUN 0 6 2014 Attach additional sheets if necessary (0-k�BOARD OF APPEALS 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 Yey �.t2O�Q,$'EO p(701 WILL , i�V Mlif//l"lU/�'! V/SO4Z 46115,4,s Of Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Ea Yes 11 No 'V'211 Not Applicable 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 0 Yes El No xNot Applicable 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 R No('57 Not Applicable RE EIVED 7� ';.z Attach additional sheets if necessary BOARD OF APPEALS 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 ❑ NoX Not Applicable 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 �11/y yRd�,ERIVIVC Brr,4771ill, 1_YE_PU11&_Zin/G VV16a, X:Z,17yleL5 ,457 &IAS ,y/8'r1:1Q />Y 1104 S r D !Y UrF- 41,6191-22 9E iFAE4#Z252 702 VZZA7` /�i¢-.y7OV 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. nn ❑ YesCl No VN Not Applicable 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 Dj Not Applicable Town of Southold Annex ,7/ /ZQ]� ED Itj'41A E�(tCa1V P.O.Box 1179 P.O. (0 11 54375 Main Road Southold,New York 11971 JUN0 6 X14 BOARD OF APPEA. CERTIFICATE OF OCCUPANCY No: 35797 Date: 7/5/2012 THIS CERTIFIES that the building ALTERATION Location of Property: 14909 Route 25, East Marion, SCTM#: 473889 Sec/Block/Lot: 23.-1-2.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this otficed dated 6/11/2012 pursuant to which Building Permit No. 37307 dated 6/19/2012 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "as built"second floor alterations to two bathrooms in an existing one family dwelling as applied for. The certificate is issued to Norman&Marjorie Whitehead III (OWNER) of the aforesaid building. SUFFO),K COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 37307 6/14/12 PLUMBERS CERTIFICATION DATED 6/29/12 Mike Jacoby t' utho ed Sidnature FORM NO. 4 • RECEIVED TOWN OF SOUTHOLD (V-AAR �e BUILDING DEPARTMENT JUN U 6 2014 Office of the Building Inspector Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z-30866 Date: 04/19/05 THIS CERTIFIES that the building ALTERATION Location of Property: 14909 MAIN RD EM/ORIENT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 23 Block 1 Lot 2.3 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 28, 2003 pursuant to which Building Permit No. 29396-Z dated MAY 19, 2003 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 ALTERATION OF AN ENCLOSED PORCH ON AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to NORMAN WHITEHEAD (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 1187997 01/02/04 PLUMBERS CERTIFICATION DATED N/A A iz Sig ature Rev. 1/81 FORM NO. 4 RE EIVED 76 JUN 0 6 2014 TOWN OF SOUTHOLD BUILDING DEPARTMENT BOARD OF APPEALS Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: 2-29021 Date: 10/28/02 THIS CERTIFIES that the building ADDITION Location of Property: 14909 MAIN RD EM/ORIENT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 23 Block 1 Lot 2.3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 28, 2001 pursuant to which Building Permit No. 27130-Z dated MARCH 9, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to NORMAN WHITEHEAD (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 1081598 10/28/02 PLUMBERS CERTIFICATION DATED 10/10/02 MIKE JACOBI PLUMBING Authorized1"ture Rev. 1/81 0 f RECEIVED J u,�� 7(e FORM NO. 4 6 2014 TOWN OF SOUTHOLD BOARD OF APPEALS BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-25132 Date JULY 11, 1997 THIS CERTIFIES that the building ALTERATION Location of Property 14909 MAIN Rom EAST MARION, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 23 Block 1 Lot 2.3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated__ MAY 8, 1996 pursuant to which Building Permit No. 23473-Z dated MAY 31, 1996 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 ALTERATION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to NORMAN H. WHITEHEAD (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-406248-12/18/96/ & H-55669 - 6/16/97 PLUMBERS CERTIFICATION DATED JULY 10, 1997-MIKE JACOBI PLUMING & HEAT. BuilfOg nape r Rev. 1/81 0 RECEIVED 060 FORM NO. 4 JUN 06 2014 TOWN OF SOUTHOLD BOARD OF APPEALS BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-24292 Date APRIL 17, 1996 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 14909 MAIN ROAD EAST MARION NY House No. Street Hamlet County Tax Map No. 1000 Section 23 Block 1 Lot 2.3 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-24292 dated APRIL 17, 1996 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 A ONE FAMILY DWELLING* The certificate is issued to MARY R. G. WHITEHEAD (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. � �4 3��tA Building Inspect Rev. 1/81 AD RECE APPEALS BOARD MEMBERS JUf� 0 6 2014 G Southold Town Hall Gerard P. Goehringer,Chairman y� 53095 Main Road Serge Doyen $ ARD OF APPEALS 53095 Box 1179 James Dinizio,Jr. S .� Southold, New York 11971 Robert A. Villa y�I O`' Fax(516) 765-1823 Lydia A.Tortora �! �'a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS OF,FACT AND DXrA3> zaTION Appl. #4431SE November 19, 1996 Applicant: NORMAN WHITEHEAD' Findings of Fact Parcel ID: 1000--23-1-2.3 Parcel Location: 14909 RON OFF NIS Main Road, East Marion Size of Parcel: 1.56+- acres/Nonconforming/R-80 zone; created by Planning Board subdivision approval November 1980. Applicable Code Provisions Herein: Art. III, Sec. 100-30A.2Band 100-31B(14a-d) , zoning Code as amended 2-7-95 by Local Law #3-1995 Which provides for an allowance of not more than three bedrooms for rental as an Accessory Bed and Breakfast, subordinate and incidental to the residence of the applicant in a principal single- family dwelling, for lodging with serving of breakfast to not more than six (6) casual, transient roomers in accordance with conditions (a) , (b) , (c) and (d) of 100-31B(14) . Rer,.rest Herein Special Exception for Accessory Bed and Breafast Use, as provided above. Applicant has submitted a plan labeling each room, for a total of three bedrooms, to be used for lodging as an accessory transient B & B use. Applicant submits that he is the owner and residence of this single-family dwelling and understands that he must continue to do so while operating this accessory residential use. BOARD ACTION: Motion by Member Tortora, seconded by Member Goehringer, it was RESOLVED, to CONDITIONALLY GRANT the request for accessory residential bed-and-breakfast use based upon the specific information confirmed by applicant and his intentions to comply with zoning code conditions and other applicable codes, and further to comply with the following additional conditions: (1) As required by New York Town L&w, Section 280-A, the subject right-of- way to the dwelling must :1e continuously maintained in good condition at a clearance of twelve feet wide, and leveled with crush concrete, bank run or stone blend mixture for future use; (2) all pot holes within the right-of-way from the Main State Road to the dwelling shall be filled and continuously maintained (filled) ; (3) this B & B approval is limited to the three bedrooms • f R -EIVED JUN V6 2014 Page 2 - Appl. #4431SE BOARD OF APPEALS Application of NORMAN WHITbF'-AD DECISION RENDERED NOVEMBER 19 , 1996 labeled by applicant in this request an9f inspected by board members; (4) owner must reside at this dwelling and must be the operator of the accessory residential B & B use; the B & B use shall cease and discontinue upon transfer of the property to different owners, other than the applicant, or upon different residency of the applicant herein. REASONS: The subject dwelling is a single-family dwelling (ref: PreC.O. April 17, 1996 #24292) . Residency has been confirmed by the owner-applicant herein. Also see full testimony received and discussed at the hearing hjfd on 11/14/96 for this application. Before operation by owner ',if this use, inspections under the Pending building permit and inspections for the proposed new B & B use must be obtained, and',further permit issued by the Southold Town Building Inspector. VOTE OF THE BOARD: Ayes: Members Dinizio, Villa, Tortora and Goehringer. (Member Doyen of Fishers Island was absent, as agreed, due to distance of travel and expenses involved.) Thi resp tion was duly adopted, 4-0 . ZBA:lk L-✓�j ,��\ �WorMng2�aabo�vMapproved ING , CHAI for filing AND FILED BY I + ilIT' SOUTHOLD T0W14 CLERK DATE i a,3)q6 BOUR 1 o's7 own Clerk, Town of Southold i f w r a'F•f` �c Ww feet 1000 Goy- SIC earth meters 300 Dore lwai, t c. RECEIVED JUN 02014 BOARD OF APPEALS RE FIVE® JUN 0 6 2014 Board of Zoning Appeals Application BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) 1, I>ory C/C,4 L/ C residing at 192-Y-6 I1A,1A (Print property owner's name) (Mailing Address) do hereby authorize &/C6�%�5/ ,j (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) pOMe L 1/C.4 LL C.P,#Vzo,T U Q6 L7,-V A161ZZ/, A S .4 GENT'�D/Z (Print Owner's Name) RECEIVED 7�� JUN 06 2014 SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONSBOAkD OF APPEALS REQUEST FOR VARIANCE FOR ACCESSORY STRUCTURE (POOL) IN SIDE YARD : DOME LUCA LLC. a 1. ZBA File: 5974 Approval to construct accessory in-ground pool with patio in yard other than code defined rear yard 2. ZBA File: 6276 Approval to construct accessory in-ground pool in side yard rather than conforming front yard. 3. ZBA File: 6459 Approval to construct accessory in-ground pool in side yard rather the conforming rear yard finding the location well screened from the road and adjacent property by mature landscaping. 4. ZBA File: 6294 Approval to construct accessory in-ground pool in side yard other than conforming rear yard. Granting the variance would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 5. ZBA file: 6323 Approval to construct accessory in-ground pool in side yard rather than conforming rear yard which is not suitable for construction being almost entirely in the Coastal Erosion Hazard Zone. • 01-1397 RECEIVED ECEIVED 09- 97 - -' N+`mss=? 12-24-4-97 N359.� 60 (p� 61.15-99 x JUN 0 6 204 0,.22-9a 04-21-99 0313-00 T 05-25-00 [� 09-05-00 11-09-00 21-02 2 D OF APPEALS 07-08-63 6318-04 68-03-04 10-27174 zsos LONG o � 1'O a �• c V. 66 `t 9 t , Ro. viol F D.2� D' ,g30d`1 Ae a0A PSP '1' •~d, � p A P'/� 'N \y, r / S N YA � 18.12 - 4 yea 24A w a_ 7++ T.BA 5 d t5 t t0 'S 18.14 2 « r sch 2.7A 16.1 « ChD•2 ® I B cl 18.16f�Q . 6 t3dL 26A 26 41 1 5 d _ • 2.6A 18- 18.20 18 23.2 cl m i« 233 1.oA(c) \{ 5 tK s O t7 Ro. 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Zt Orr« t2f A(ajs t2.fw r...vs —__ Afnaraa.r ——.—— e,osaa -M REwL PROPERTY TAZ SERAGE AOEN(:r p 1000 PROPERTY MAP 12A A(c7 ,ert.,.r t..�peyy.. — - -— — eoNYEnsaN OnEc.e,D.Za, 04-01-97 -- �1--12-24W ("47-02 = 02-01-02 0802 N35O iS! ��-- — \ N350,te2 10.23-09 j- 03-04.10 0&7-10 12-07-12 RECEIVE® �. �, ; Ts jQl(/ / 3sw(U L\! J U i V V L O I 4 � - THE ORIENTfAST MARION /"` PARK DISTRICT BOARD OF APPEALS M.D.60 P.D.65 4 --- —�-- L.D.40 e NO N ��'y if, /. ♦5 a t� � ( Ef / 101P V 4j V �D 1�EL.&C4r4LC.___ al 2i \ \� 20, NN o ��� r ��1� oR ' `yr \ 1� 4•''cl 24 1 32 6 jd 13 2.6 ws et 2.7 34A(C) w jIWiPCL NO. SEE SEG NO. I 022-03@l1 UI s N_356311 _ N J50,382 4 Z LaAwl.. s.rata H.. �r eew u.e 4444—_ svrmc�.. --so.-- ,�,,,,.o.�am --H-- urAEssowwo�uw:AUENOEemes © SECTION NO E (21) ��� ——F__ �� _—.—_ AaEww«n<wuo..wm,R¢ts. NOTICE Y COUNTY OF SUFFOLK E on T � SOUTHOLD G mE 2 ^ —0 WVNTENANCE.AITEAATIpI,S EOR Ef�' 130 E �-�- 4444 >b.eo...o .. v..,._ —_ Iw.o..e l.. _—w—— °"'�- ——�'—— EAP.t a, - Real~ty CCenftrr RlvwhieWN(VICMAgCf1Cy r OSTWB{ITgN OF AN'I PORTION OF TIE 023 WLAGE 23 N Sewn/9ne - lir mcl� —i Osetw • IeinA �� SUFFOU(GOUNTY TAI:wP15 PROHi81TE0 5(µEM FEEL' M WTHOOT wNTTEN PERMI65iON OF THE -h- 200 0 MO yp A 022 132 f2f A(al>t2.fA ,...... —__ Pr mel:. — P-- o.et..--we-- ArAAN�� FwI PRov Tm SeR ACENcr Y�y P d6iRICT NO 1000 PROPERTY MAP t2.l A(cl GONVERSgN WE Dec W.M12 0 APPALS BOARD MEMBERS SO(/r • Mailing Address: Ruth D.Oliva,Chairwoman y�� yQIO Southold Town Hall 53095 Main Road-P.O. Box 1179 Gerard P.Gcehringer #t Southold,NY 11971-0959 James Dinizio,Jr. G Q Office Location: Michael A. Simon AS Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l'�CO 54375 Main Road(at Youngs Avenue) Southold, NY 11971 E FIVE® http://southoldtown.northfork.net N��(.QIX ZONING BOARD OF APPEALS aEcEjyEn 2014 TOWN OF SOUTHOLD �U EAVS Tel.(631)765-1809-Fax(631)765-9064 A Z 1 20 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 2006 5SOUojdTowp je ZB File No. 5974—ZAHARIA PAPAZAHARIOU &OTHERS Property Location: 2905 Private Road#1, East Marion CTM 22-3-8.1 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 160,195 sq. ft. parcel is improved with a single-story frame house with accessory garage as shown on plot plan prepared by Howard Young, Land Surveyor dated 6/23/2006 amended 8/8/2006. BASIS OF APPLICATION: Request for a Variance under Section 280-15, based on the applicants' request for a building permit,and the Building Inspector's August 24, 2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code-required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, 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 wish to construct an accessory in-ground, 24 ft. by 45 ft. swimming pool with patio on the southwest side of the dwelling, greater than 100 feet from the southerly property line and greater than 50 feet from the westerly property line. A portion of this pool is proposed to be located in a yard other than the code-defined rear yard. 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 because the proposed location of the swimming pool is consistent with maintaining neighbors'privacy. 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 the placement of the existing residence and location of the access rights-of-way along the property lines preclude situating the pool in a conforming location. 3. The variance granted herein is not substantial. Only a small portion of the pool will be located on the side of house bounded by the right-of-way. age 2—December 14,2006 . B File No. 5974—Zaharia Pap ariou RECEIVED CTM No. 22-3-8.1 (49�� JUN 0 6 2014 BOARD OF APPEALS 4. The difficulty has not been self-created. 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. Much of the lot is wooded and construction of the pool will require no additional clearing of the property. 6.Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory inground 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 Simon, seconded by Member Dinizio, and duly carried,to GRANT the variance as applied for as shown on plot plan prepared by Howard W.Young, Land Surveyor, dated 6/23106, amended 8/8/06. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). Approved for Filing BOARD MEMBERS 0f SOLI Southold Town Hall Leslie Kanes Weisman,Chairperson �� HD 53095 Main Road-P.O.Box 1179 Southold,NY 1 1 97 1-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider OI�Co Southold,NY 11971 RE EIVE®(a http://southoldtown.northfork.net JUN 6 LUQ ZONING BOARD OF APPEALS ARE �J �D TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 AN 2 5 2014 BOARD OF APPEALS 24 Q� FINDINGS,DELIBERATIONS AND DETERMINATION S hold Town Clerk MEETING OF APRIL 17,2014 ZBA FILE: 6726 NAME OF APPLICANT: Robert and MaryAnn Amabile PROPERTY LOCATION: 1365 Aquaview Avenue East Marion,NY. SCTM#1000-22-2-1 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 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 January 8, 2014, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Feb. 26, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION_ The applicant's property is a 43, 168 sq. ft. waterfront parcel in the R40 Zone. The northerly lot line measures 150 feet along Long Island Sound. The easterly lot line measures 288.96 feet along an adjacent residential parcel. The southerly lot line measures 153.28 feet along Aquaview Ave.,and the westerly lot line measures 274.17 feet along another adjacent residential parcel. The property is improved with a single family dwelling with decking, an accessory garage and shed,as shown,with proposed improvements,on the survey drawn by John C. Ehlers, Land Surveyor,dated Jan. 07,2014,latest revision dated March 13,2014. BASIS OF APPLICATION: Request for Variances from Article IV Code Section 280-18 and Article XXII Code Section 280-116 and the Building Inspector's October 24,2013,amended November 8,2013,amended January 6,2014,and again amended March 14,2014 Notice of Disapproval based on an application for building permit for addition(raised patio with in-ground swimming pool) to existing single family dwelling, at; 1)less than the code required minimum side yard setback of 15 feet,2)lot coverage at more than the code permitted 20%,3)less than the code required 100 foot setback from top of bluff. RELIEF REQUESTED: The applicant requests variances to construct a raised patio and in ground swimming pool with a side yard setback of 5 feet where 15 feet is required by Code, with an increase in lot coverage to 31.2% where Code allows a maximum of 20%, and with a 67 foot setback from the top of the bluff, where 100 feet is required by Code. EC IVED Page 2 of4—April 17,2014 JUN 672014 ZBA#6726—Amabile SCTM#1000-22-2-1 BOARD OF APPEALS AMENDED APPLICATION: During the hearing on March 6, 2014, the applicant was asked to bring the plan into more conformity with the code as related to variances requested for the bluff and side yard setbacks. The applicant on April 4, 2014 submitted a plan to increase the side yard setback to 10 feet. On March 14, 2014, the Building Dept. issued an amended Notice of Disapproval that cited the applicant's proposed construction for an increase of lot coverage to 31.2%, in excess of the 20%allowed by Code. The applicant then requested the ZBA grant another variance for the increased lot coverage. During the hearing on April 3, 2014,the applicant was asked to bring the plan into more conformity with the code as related to the request for a variance for 31.2% lot coverage. On April 15, 2014,the applicant submitted a plan to reduce the proposed lot coverage from 31.2%to 27% bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The file contains a letter from the Suffolk County Soil and Water Conservation District, dated Feb 27, 2014. It details the observations made during their site inspection of the applicant's property that was requested by the ZBA "to review the potential environmental impacts associated with the installation of an in-ground pool" proposed to be located in an area designated by Code as in a non-conforming proximity and close to the top of a bluff. The letter lists a number of recommendations, including the installation of silt fencing prior to any soil disturbance,and other measures to be taken to prevent and control any potential soil erosion. At the March 6, 2014 hearing the applicant was asked about the feasibility of locating the proposed pool in a more conforming area. At the April 3, 2014 hearing the applicant stated that the pool could not be positioned closer to the detached garage, and with a greater setback from the top of the bluff, because there was insufficient space between the principal dwelling and the garage to maintain a required 5 feet pool setback from each building. The applicant also stated that the pool could not be located in a front yard area,which would conform to Code on a waterfront property, because the septic system, water supply line, and electric service were already located in the front yard. This property was the subject of prior ZBA decision 772, dated May, 27, 1965 granting a lot division, and prior decision 3265, dated Oct. 3, 1984, granting a variance for a front yard garage location. A letter in opposition was received by an adjoining neighbor. The applicant provided documentation showing other variances that had been granted in the neighborhood for bluff setbacks and lot coverage. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6,2014,and on April 3,2014,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-b(3)(b)(1). Grant of the variances for a top of the bluff setback of 67 feet, and a side yard setback of 10 feet,as requested in the amended application will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the waterfront properties in the neighborhood have nonconforming top of the bluff and side yard setbacks. The applicant submitted information listing other variances granted within the neighborhood for nonconforming bluff, lot coverage and other setbacks. A single family dwelling has existed on the property site prior to Zoning Code, and a swimming pool is a customary accessory structure in the R-40 Zone. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Coastal Erosion Hazard Line that bisects the property reduces the overall amount of the conforming buildable area, and also increases the percent of total square feet of lot coverage for existing and proposed construction to 31.2%, an amount that exceeds the 20% allowed by Code. As a result of the topography, the overall dimensions of the property, and the location of existing structures, including a garage, and buried utility services, the applicant does not have a sufficient rear yard, or side yard, or front yard area, where a pool can be located with a Code conforming setback from the top of the bluff, as well as the other necessary conforming setbacks. The pool cannot be located within a Code conforming front yard area on a waterfront property because the septic system, water line and buried utility services are in the area. Because of RECEIVE® i Page 3 of 4—April 17,2014 i A6 2 014 ZBAN6726—Amabile SCrM#1000.22-2-1 BOARD OF APPEALS the reasons stated the variances granted are needed in order to construct a swimming pool and a re-designed raised patio with a nonconforming bluff setback of 67 feet, a side yard setback of 10 feet, and, as Alternative Relief, nonconforming lot coverage of 27%. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 33% relief from the code for a 10 foot side yard setback where 15 feet is required and 33%relief from the code for a 67 foot setback from the top of the bluff where 100 feet is required. The variance as applied for lot coverage of 31.2% when 20% is allowed is substantial, and represents 56% relief from the Code. The variance granted by the action of Alternative Relief for lot coverage not to exceed 27% is also substantial, representing 35%relief from the Code. However,these variances are mitigated by the fact that the Coastal Erosion Hazard Line bisects the property. This reduces the overall conforming buildable area. The CEHL also creates an increase in the existing and proposed percent of total lot coverage,to an amount that exceeds that allowed by Code. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code,and as a condition of this decision, implement the recommendations cited in site review made by the SCSWC District. 5. Town Law 6267-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 for a setback from the top of the bluff of 67 feet, and a side yard setback of 10 feet, and the grant of alternative relief for 27% total lot coverage, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and raised patio, 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 267-13, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT,the variance for a 67 foot setback from the top of the bluff as applied for,and GRANT as amended a side yard setback of 10 feet, and lot coverage of 27%, all as shown on the survey drawn by the John C. Ehlers, Land Surveyor,dated Jan.07,20I4, latest revision dated April 15,2014. Subject to the following conditions; CONDITIONS: 1. Pool mechanicals shall be placed is a sound deadening enclosure. 2. Drywell for pool de-watering shall be installed. 3. The applicant will implement the recommendations of the SCSWC District to the fullest possible extent. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. RE EIVED Pap 4 of 4—April 17,2014 J V CO 6 2 014 ZBAt16726—Amabile SC'fM#1000-22-2-I BOARD OF APPEALS Vote of the Board- ,oyes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). &" Leslie Kanes W!��t airperson Approved for filing' f�/ /2014 BOARD MEMBERS �QF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson Tiff 53095 Main Road -P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer cis Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider 1�C0 Sauth ,ANY 11971 KEE ��//EE ,+�— http://southoldtown.nonhfork.net RE C I:_yi ZONING BOARD OF APPEALS APf2 5 2011 (e TOWN OF SOUTHOLD Q� Judd 2014 Tel.(631)765-1809•Fax(631)765-9064 SOuth Id Town Clerk BOARD OF APPEALS FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20,2011 ZBA FILE: 6459 NAME OF APPLICANT: Frank Orito PROPERTY LOCATION: 3420 Stars Rd., East Marion,NY SCTM#1000-22-2-18 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 11 category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: Subject property is 20,459 sq. ft. and is improved with a one and two-story dwelling with attached garage and sunroom. It has 190.00 feet of frontage on Stars Rd., 106.23 feet on the southern property line, 190.02 feet along the eastern property line and 109.13 feet on the northern property line as shown on the survey prepared by Nathan Taft Corwin, III L.S. last revision January 26,2011. BASIS OF APPLICATION: Request for Variance from Art. III Code Section 280-15 and the Building Inspector's February 16, 2011 Notice of Disapproval based on an application for building permit to construct accessory in- ground swimming pool at; location other than the code required rear yard. RELIEF QUESTED: The applicant proposes to construct an in-ground swimming pool in the side yard where the code requires a rear yard location. ADITIONAL INFORMATION: The Applicant's property has been the subject of two prior variances. In Decision#5446 dated Jan. 8, 2004,the Applicant was granted a variance (alternative relief) to locate the single family dwelling with a 30 foot rear yard setback, rather than the Code required 50 foot. In Decision #5954 dated Oct. 5,2006,The Applicant was granted a variance to locate an addition to the house with a rear yard setback of 31 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application April 7,2011 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Accessory in-ground swimming pools are a customary accessory in this residential neighborhood. The proposed location is well screened from the road and adjacent property by mature landscaping 2. Town Law§267-b(3)(b)(D. The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue,other than an area variance. The property has an average depth of+/-107 feet,and due _ RECEIVED 4� • ' Page 2—April 20,2011 JUN 0� LO ZBA Filc#6459-orito CTM: 1000-22-2-18 BOARD OF APPEALS to the location of the house on the property, with its conforming front yard setback, but non-conforming rear yard setback, and because the septic system also situated within rear yard area, a pool can not be feasibly located In a conforming area on the property, and therefore requires variance relief in order to be built within the side yard. 3. Town Law 4267-b(3 (b) )(3). The variance granted herein is substantial because the pool will be built in the side yard, rather than the rear yard. However, the existing house location and the shallow depth of the lot makes a conforming pool location impossible. The applicant has placed the pool at 50 feet from the road. 4. _Town Law 6267-b(3)SWL4)_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. Site preparation will require a minimum removal of vegetation,and no trees need to cut in order to construct the pool. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created, because the Applicant seeks to build a pool on a parcel that is constrained by its overall size and shape and the selected placement of the existing house. 6. Town Law 4267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool in a side yard, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Horning, seconded by Member Goehringer,and duly carried,to GRANT, the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, III L.S. last revision January 26,2011. Conditions: Pool mechanicals shall be housed in a sound proof enclosure. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Horning, Goehringer, Weisman (Chairperson), Dinizio, Schneider. This Resolution was duly adopt d(S-0). Les ie Kanes WeismChairperson Approved for filing? �/ /2011 Office Location: pf S0 Mailing Mailing Address: lO Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 ` Southold,NY 11971-0959 i COUNt't RECEI 1 http://southoldtown.northfork.net RECE VED � .Y9_3-7 1 3UN 0 6 Z014 BOARD OF APPEALS MA 2 5 2010 TOWN OF SOUTHOLD OF APPEALS 0 BOARS Tel.(631)765-1809 Fax(631)765-9064 14,4-4 S bold Town C!e FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2010 ZBA FILE#6294 NAME OF APPLICANT: Paul Betancourt PROPERTY LOCATION: 1825 Aquaview Ave., (Adjacent to Long Island Sound) East Marion CTM#22-2-6 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 11 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 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. SUFFOLK COUNTY SOIL AND WATER: This application was referred to Suffolk County Soil and Water Conservation District and they issued a reply dated June 8, 2009 recommending that vegetation is maintained at all times during and after construction with native plants and grasses to prevent erosion and control sediment. Additionally, it is recommended that gutters, downspouts and underground drywells are installed on the buildings to address storm-water runoff. No natural resource concerns were observed with regard to the demolition of existing one story house and construction of a new two-story house on existing foundation to this residence. LWRP: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP provided that the following recommendations are implemented; Policy 6, 6.3 (E) Protect and restore the quality and function of the Town of Southold ecosystem: that a perpetual, natural buffer be required seaward from the 38 foot topographical contour to the toe of the bluff(bank). PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a one and a half story older home, with a non-conforming area of 21,466 sq. ft, with significant non-conforming setbacks. The lot measures 100' in width on Aquaview Avenue. With 239.35' on the eastern property line, 252.11' on the west property line and 106.80' on Long Island Sound. BASIS OF APPLICATION: Request for variances from Code Sections 280-124, 116A(1) and 15 based on an application for building permit and the Building Inspector's March 24, 2009, revised November 17, RECEIIVED( Page 2—March 16,2010 o ZBAFilc#6295—Betancourt JUN 0 6 2014 CTM:1000-22-2-6 at 1825 Aquaview Ave.,(adj.Long Island Sound)East Marion 2009 Notice of Disapproval concerning proposed additions and alterations to an ex9QUnAg%RrgQ5A@FEAL_S dwelling and construction of an accessory in-ground swimming pool at: (1) less than the code required front yard setback of 40 feet, (2) less than the code required minimum side yard setback of 15 feet, (3) total lot coverage above the code required 20%, (4) proposed construction at less than the code required 100 feet from a bluff, (5) accessory location is proposed in other than the code required rear yard. RELIEF REQUESTED: The applicant proposes relief from the following code requirements: (1) Section 280-124, front yard setback is proposed at 27', code requires 40'., (2) Minimum single side yard setback proposed at 10', code requires 15', (3) Lot coverage proposed at 25.1%, code requires 20%. (4) Section 280-116A(1), proposed setback from top of the bluff is requested at 30', code requires 100'. (5) Section 280-15 accessory structure is proposed in the side yard, code requires accessory location in the rear yard. AMMENDED APPLICATION: During the first two hearings the Board asked the Architect and the Applicant to produce new revised plans that would bring the entire project into greater conformance. As a result, the final drawings of the home and accessory structure, (swimming pool) indicate downsizing of the project, specifically reducing the size of the proposed swimming pool and roof overhang and setting back the proposed second floor addition from the northeast comer to reduce the weight on the bluff. These changes eliminated a variance for a total side yard setback. The relief requested AS AMENDED consists of: 1) Front yard setback is proposed at 27 feet, code requires 40 feet; 2) Minimum single side yard proposed at 10 feet, code requires 15 feet; 3) Lot coverage proposed at 25.1 %, code requires 20% maximum; 4) Proposed setback from the top of bluff is requested at 30 feet, code requires 100 feet minimum; 5) accessory structure (swimming pool) is proposed in the side yard, code requires accessory location in the rear or front yard on water front properties. ADDITIONAL INFORMATION: At a Public hearing the Board requested from the agent/Architect two specific considerations,to which he and the Applicant agreed; 1. To protect the bluff from potential damage, no heavy equipment be used in the rear yard (seaward side) of this dwelling during construction, only smaller rubber tire excavation equipment can be used. 2. The most northerly comer of the proposed altered home be positioned back from the 30' mark or closest setback to the bluff. This process will take the excessive loading of the comer of the home, away from a critical setback, which is the closest comer of home to the top of the bluff. The Architect's amended plans call for a cantilever of this corner on a structural post setback and additional eight (8) feet from the bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on 7/30/09, 12/3/09, and 2125/10, 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 and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law Town Law 6267-b(3)(b)(1) Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The home appears to be approximately 40+ years of age. it has sat on a high bluff open to the northeast, for many years. The community is comprised of many of these types of homes. Some homes in the immediate area are closer to the top of the bluff than the subject parcel. The Board has in the past few years, has several similar applications requesting setback and lot coverage variances in this immediate area. The main reason for these requested variances are usually the same: significant non-conformance of size of(area) of lot,width of lot and existing lack of code required setbacks _ :... ;DECEIVE Page 3—March 16,2010 ,J U N 0 6 Z 014 ZBA Fite#6295—Betancourt. CTM: 1000-22-2-6 at 1825 Aquaview Ave.,(adj.Long Island Sound)East Marion OF APPEALS Town Law 267-b(3)(b)(2) The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance. The applicant has a very small building area based upon present code requirements. This specific problem is caused by the location of the subject property on the cul-de-sac"Dead End" of this Private Rd., which cuts into the building area of the lot. This problem causes the non-conformity of at least three setbacks. Town Law 4267-b(3)(b)(3) The variance granted herein is substantial, proposing a 70% rear yard setback from the code required rear yard setback. A 32.5% relief variance from the code required front yard setback. A 33% relief variance from the code required single side yard setback. A 5.1% over the code permitted 20% lot coverage, which is a 25.5% relief variance from the code. However, the applicant and his architect have worked with the Board over the past three hearings, to lesson the impact of several of these variances, and to eliminate one of them, thereby creating greater conformity with the code. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. A report from Suffolk County Soil and Water Conservation and the LWRP Coordinator have found the bluff to be stable, and have offered recommendations to maintain its stability, which the Board has applied as conditions to the granting of the requested relief as amended. Town Law 6267-b(3)(b)(5) The alleged difficulty has not been self created. The applicant is in need of additions and alterations to his dwelling on his non-conforming lot with a wrap around bluff and pre- existing non-conforming setbacks. Town Law 6267-b. Grant of the requested relief, AS AMENDED, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an up to date renovated home, 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 267-13, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY THE RELIEF AS APPLIED FOR, and GRANT ALTERNATIVE RELIEF shown on the amended site plan by Garrett Strang, Architect, dated 11/17/09 and architectural drawings by Garrett Strang, Architect, dated received by the Board of Appeals, Feb. 11, 2010. WITH THE FOLLOWING CONDITIONS: 1. The square footages of the proposed additions and alterations to the existing dwelling shall be 1,500 sq. ft. of living area on the first floor, 150 sq. ft. of first floor storage area, 312 sq. ft of first floor garage area and 1,092 sq. ft. of living area on the second floor as stated in a letter from Garrett Strang, Architect, dated 2/26/10. 2. The proposed swimming pool will include a filter backwash dry well and mechanical equipment will be located in a soundproof container. 3. Construction will adhere to the terms described in a letter dated 2/23/10,from John Condon, P.E. concerning the proposed plan to excavate the footings designed to remove the loading of the proposed second story addition on the northeast comer of the renovated home back from the bluff and ensure the structural soundness and continued use of the existing foundation. 4. The applicant will adhere to the recommendations submitted by both the Town's LWRP Coordinator, Dated, 6/8/09, and the Technician, from Suffolk County Soil and Water Conservation District, dated 6/17/09 to maintain bluff enhancement and stability. 5. All roof and site runoff must be directed to dry wells on site. The final grade of the site must be sloped away from the top of the bluff, and toward the home, and the Private Rd. This grading plan will prevent water from washing over the top of the bluff and cause top side erosion. • REGI��� Page 4-March 16,2010 JUN 0 6 2014 ZBA Filc#6295—Betancourt CTM:1000-22-2-6 at 1925 Aquaview Ave.,(adj.Long Island Sound)East Marion 8. No heavy equipment shall be used in the rear yard (seaward side)of this dwe1lPFreAPPEALS construction, only smaller rubber tire excavation equipment can be used. 7. Adherence to the letter Dated February 11, 2010, by Garrett Strand,Architect regarding spec construction methods to be used. 8. Subject to all recommendations of the Town of Southold Trustees permit. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). Member Dinizio abstained. Absent was: Member Horning This Res ol tion was duly adopted (3-0). L 'lie Kane Weisman, Ch irperson Approved for filing /-?'7"/20102010 REEfVED + , �.q3 MARE5 2010 a so ofd Town Cle Office Location: pF SouTyolo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 G� • Southold,NY 11971-0959 �ycoUKi'I,� RECEIED IUCP http://southoldtown.nonhfork.net JUN Q 6 2014 BOARD OF APPEALS REEIVED BOARD OF APPEALS TOWN OF SOUTHOLD Cieg.Tel. (631)765-1809 Fax(631)765-9064 5 2010 a " FINDINGS, DELIBERATIONS AND DETERMINATI :'.��IJ Town Cle MEETING OF MARCH 16, 2010 ZBA FILE 6323 NAME OF APPLICANT: Steve and Olga Tenedios PROPERTY LOCATION: 17327 Main Road, East Marion, NY CTM 1000-23-1-14.10 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 August 19, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 77,284 square foot lot, of which, 52,116 sq. ft. is considered the buildable land on this waterfront parcel in the R-80 Residential District. The northerly lot line lies along Long Island Sound and measures 245.26 feet. The easterly lot line measures275.68 feet, and is adjacent to a five foot wide legal R.O.W. along this boundary. The R.O.W. provides access to property containing a beach with deeded access rights held in common with other property owners of lots created by the "Brionngloid by the Sea" subdivision, as shown on a filed map, and also on the site survey submitted by the Applicant. The southerly lot line measures 300.35 feet, of which 205+/- feet is adjacent to a 50 foot wide legal right of way shared in common with two adjacent lots. The westerly lot line measures 294 feet. The parcel is improved with a 5,558.6+/- square foot, two-story single family dwelling, which is currently under construction, and which will include an attached garage. BASIS OF APPLICATION: Requested are Variances under Sections 280-15(C and F), based on a building permit application and the Building Inspector's Notice of Disapproval dated July 7, 2009, Amended December 5, 2009, concerning the following proposed new construction: 1)The proposed accessory garage is not permitted: a)with a setback less than 55 feet from the front yard line along the right-of-way; b) with a size that exceeds the code limitation of 750 square feet; 2)The proposed accessory pool structure is not permitted in the side yard when a front or rear yard location is code required. 3)The proposed swimming pool is not permitted in a side yard when a front yard or rear yard location is code-required. RELIEF REQUESTED: The requested variances are for: 1) an accessory garage at 25 feet from the legal right of way, to be also partially situated in the side yard, and with the proposed garage measurement 1760 sq. ft., 2) an in-ground swimming pool and accessory pool structure, to be located in RECEIVED • Page 2—Manch 16,2010 J U N V 2014 ZBA File#6323—Stcvc and Olga Tenedios CTM:1000-23-I-14.10 at 17327 Main Rd.,East Marion F30AFtD OF APPEALS the side yard, with the proposed accessory pool structure and pergola measuring larger than the code required 750 sq. ft., and having dormers proposed to exceed 40%of the roof area. AMENDED APPLICATION: During the Oct.29, 2009 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on Dec.15, 2009, based upon the issuance of an amended Notice of Disapproval dated Dec.5, 2009, submitted a revised site plan dated Dec.1, 2009. The revised site plan reduced the size of the proposed garage to 1120 square foot, by removing an attached 640 square foot pergola, as had been originally proposed on the site plan survey drawn by Mark K. Schwartz, AIA, and dated July 1, 2009, which eliminated the necessity of the original variance regarding the partial side yard location. The revised site plan also reduced the size of the proposed accessory pool structure to 729 square foot by removing an attached 162 square foot pergola. The changes to the site plan were intended to bring the plan into more conformity with the codes. ADDITIONAL INFORMATION: The subject parcel is noted as being Lot 6 on a subdivision map of "Brionngloid By The Sea approved by the Southold Town Planning Board on July17, 1978. The legal 50 foot R.O.W. sited in the Notice of Disapproval is drawn on this map, and is also drawn on the site survey filed by the Applicant. The owner of the two lots to the south of the subject property appeared at the Public Hearing in opposition to the application. More specifically, the basis for the opposition was the obstruction of the views to the north and the piecemeal approval of the residence and accessory structures on the property. It is noted that the adjoining property owner conceded that there were no restrictions in the subdivision approval restricting the obstruction of these views, nor were there any covenants on the applicant's property protecting the adjoining neighbors' views. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing for this application on Oct. 29, 2009, and continued on Jan. 21, 2010, at which time written and oral evidence was 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 and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings relating to the proposed accessory garage: 1. Town Law 6267-b(3)(b)(1). Grant of the variances for the proposed non-conforming 1120 square foot two-story garage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The size of this two-story garage would be almost twice the 750 square foot size permitted by Town Code since the enactment of Local Law#2-2007. The proposed front yard/ side yard location with only a 25 foot setback from an existing legal R.O.W., where Town Code requires a 55 foot setback, would create an additional detriment to near by property owners and the character of the neighborhood. The Board examined a profile of 27 existing accessory structures located within the adjacent residential neighborhood (as submitted by the applicant in their letter to the Board dated December 15,2009, and found that while there are several non-conforming sized accessory structures in the neighborhood, they represent less than 15% of the total number of the existing structures. Of the 15% of these structures within the profile, most were constructed prior to the 2007 amendment to the code. As this Board has recently found in its decision # 6331(Logan/Walker) dated 2/18110. More than 85% of the existing accessory structures in the neighborhood are of Code-conforming size. The Board finds that the granting of such significant size and area variances for the new construction of a large non- conforming accessory garage, as requested by the Applicant, would be detrimental to the character of this residential neighborhood. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Board finds that the Applicant could locate and construct an accessory garage on the property in a conforming area, and be of a size that did conform to Town Code. RECEIVED _ Page 3—March 16.2010 JUN U G Z01? ZBA File#6323—Steve and Olga Tenedios CTM: 1000-23-1-14.10 at 17327 Main Rd.,East Marion f3O& OF APPEALS 3. Town Law 4267-b(3)(b)(3). The variances reques ed, 1f granted, are very substantial. The applicant requests a 49°x6 +/- building size variance; and an additional 54% +/- front yard setback area variance, for the proposed two-story garage. The Board finds that the granting of the variances to this Applicant for such proposed new construction is not in accordance with the overall intent of Town Code, particularly as expressed by Local Law#2-2007, regarding the bulk size of permitted accessory structures, and that the variances requested are not within the customary parameters of relief requested for the granting of variances for such proposed new construction. 4. Town Law 6267-b(3)(b)(4). Verbal and written testimony 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. From a physical or aesthetic perspective the applicant's proposed accessory structures would have a negative impact on the conditions in the neighborhood. There is no indication that these proposed structures will in any way conform to the character of this neighborhood and settle in unnoticed among the other homes and lots in the area. Rather, applicant's proposal, if approved, will constitute a step towards altering the landscape of this community forever, since a granting of a variance for an oversized garage here will, no doubt, raise similar requests that may not be easily distinguishable. 5. Town Law 6267-b(3)(b)16). The difficulty has been self-created. The Applicant could construct a Code-conforming garage on this property. While the Applicant's representative tested that the Applicant required a 1120 sq. ft. for their collection of antique cars, personal convenience is not a basis for this Board to grant applicant's requested relief, especially where, as here, it would be to the detriment of the character of this residential neighborhood. S. Town Law 6267-b. Grant of the requested variances is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two-story garage white 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 267-8, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to DENY, the variances for the proposed accessory garage as applied for and as amended, shown on Site Plan, labeled S-1 received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, and proposed garage and pool house Architectural Plans received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, labeled A-1, A-2 and A-3. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). (Absent was: Member Horning) This Resolution was duly adopted (3-0-1). Member Dinizio abstained. On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings relating to the proposed swimming pool and one story accessory pool structure: 1. Town Law 6267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A swimming pool and related pool accessory structure is customary in the Residential District, and in this neighborhood. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The rear yard of this Applicant • DECEIVED Page 4—March 16,2010 U 6j 014 ZBA File#6323 Steve and Olga Tenedios JUN' CTM: 1000-23-1-14.10 at 17327 Main Rd.,East Marion APPEALS lies almost entirely within a Coastal Erosion Fd ood Zone, and as such is not suitable for any construction. The Applicant's proposed driveway will occupy most of the front yard, where alternatively, a Code conforming swimming pool could be constructed. Since the Applicant did not propose to locate the pool in a part of the front yard, a side yard placement is the only feasible location for such a proposed pool and adjacent accessory pool structure. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are not substantial. Although the proposed swimming pool and accessory pool structure will be located in the side yard, no other variances are required. 4. Town Law 6267-1Q)(b)(4) No evidence has been submitted to suggest that the variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law 6267-b(3)(b M. The difficulty has not been self-created. The Applicant could not locate a swimming pool and pool house within a conforming front yard area due to the existing right of way and the existing septic system 6. Town Law 6267-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 and one-story pool house 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 Weisman (Chairman), seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, for the proposed swimming pool and accessory pool structure, as shown on Site Plan, labeled S-1 received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, and proposed garage and pool house Architectural Plans received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, labeled A-1, A-2 and A-3, subject to the following conditions; 1. The pool accessory structure shall remain unheated and un-air-conditioned and to be used seasonally only. 2. No habitable space, sleeping or cooking facilities shall be allowed in the pool accessory structure. 3. Installation of a drywell for pool water backwash is required. 4. Pool mechanical equipment must be housed in a soundproof container. That the above conditions be written into the Building Inspectors Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. kl�_CEIVE® � - --- - �1 Page 5—March 16,2010 JUN 0 6 ?014 ZBA Filek6323—Steve and Olga Tenedios CTM: 1000-23-1-14.10 at 17327 Main Rd.,East Marion BOARD OF APPEALS Vote of the Board: Ayes: Members Goehringer, Schneider,Weisman (Chairperson). 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'int ,+ -,* '� l Fa e*,',y� ,�h •4 'S .eat"'-T . i NMI1 1 4w K ' _ yti .................... Ae r f a - it,. 1. � fit{ �R` �'�1 •e- ,(}` J~,. • J � ,� �t...:IIE �°oi-• * �w� -1c< w`�,J�`X -yir*;w � r �3.i ✓! 9 t t 1 1 rC +Y. � _ ; rb"` 71�� � ,�• �_ ��"�r?'�,wµ ,�F.`fiat. r 7 90- T. AQL�iw �t J a_ �!Z �,, ,••» r: 1 ' t s „p e { A x`t r 4 0 , e « + T r �.� .i � � J'Sr iii' d �'8• � i� a v �R:.. � f4,��„p ° {. �• a� > ov 20 OWN A 06024611, C r . R " STREET ,� VILLAGE DI"ST. SUB. LOT r FORMERMf; ACt . t h tw i 4_Z Sd�D : Y SEG E { , ti ' TYPE OF BUILDING psi R t�ra�r s. Gi Lt Pi C ► " rt'° 'Ara KD ,11 � ,6.201 tS . :S. 1 . ` SEAS. VL. ARM COMM. CB. MICS. Mkt. Value �'` "' OF APPS LANDIMP. TOTAL DATE REMARKS , d c / ',�'O p /o�3f�7f5 (6,01ct To ,Al.R,G. WHA ia*/xre�lgl3 All N 25 14 _ 20 C 12 /.Z3/74 G/3 43 4 L'i`e?.- / /j / y /j ♦ 7b r'y. &P# 29391 - a , Y � k �� { o0 1(0'',x' 414 (6 i4�o 1 �-` d7- 1,InV'r,Y AGE BUILDING CONDITION y NEW NORMAL BELOW ABOVE FARM Acre Value Per Value rJ Acre i 3- Z "t 7 Tillable FRONTAGE ON WATER 1 Woodland FRONTAGE ` ROAD Meadowland DEPTH -House Plot Q [��� BULKH Tit 440'` ..,.,r ; ► ,*we D a , AA !■■■!■■!!!■■■■■■■■■iiM.��■!■■■ OMEN" 01 0 1-a IL M.MEZ: ■fifei��■■«raw■■■f�■■■1��.��'i■■®WIN-- : .. 1� �����' � ■■■■t���di��1■■■� ! X10®�I�■i■!!!■■■■ >r • dation :• - BasementExt. Walls Interior F�inish I Fire • Place • , • Dormer Driveway e .•' __ • •f f -,� `Ili ••• •• : • a FO(��o ELIZABETH A. NEVILLE,MMC �1► Gy Town Hall,53095 Main Road TOWN CLERKP.O.Box 1179 co y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER ��l �a� Telephone oldt 7nny.go0 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: June 11, 2014 RE: Zoning Appeal No. 6766 Transmitted herewith is Zoning Appeals No. 6766 of Michael a. Kimack for Dome Luca LLC =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,Notice of Disapproval from Building Department Dated June 4, 2014, Certificate of Occupancy No. 35797 for"as built' Second Floor Alterations to Two Bathrooms in an existing One Family Dwelling Dated July 5, 2012, Certificate of Occupancy No. Z-30866 for Alteration of an Enclosed Porch on an Existing One Family Dwelling Dated April 19, 2005, Certificate of Occupancy No. Z-29021 for an Addition to an Existing One Family Dwelling Dated October 28, 2002, Certificate of Occupancy No. Z-25132 for Alteration to Existing One Family Dwelling Dated July 11, 1997, Pre Existing Certificate of Occupancy No. Z-24292 for a One Family Dwelling Dated April 17, 1996, Findings of Fact and Determination Appl. #4431 SE Dated November 19, 1996, Google Earth showing Property, Authorization Letter from Dome Luca LLC to Michael A. Kimack to Represent them in this Matter, List of Prior Findings & Determinations for Accessory Structures in Side Yard, Two Tax Maps Showing Properties with Prior ZBA Approval, Two Pages of ZBA Findings & Determination No. 5974 Dated December 14, 2006, Four Pages of ZBA Findings & Determination No. 6726 Dated April 17, 2014, Two Pages of ZBA Findings & Determination No. 6459 Dated April 20, 2011, Four Pages of ZBA Findings & Determination No. 6294 Dated March 16, 2010, Five Pages of ZBA Findings & Determination No. 6323 Dated March 16, 2010, Twelve Pages of Photos of Property Showing Stakes where Pool will be Located, Two Pages of Property Record Card, Survey Showing Existing& Proposed Construction Dated June 5, 2014 Prepared by Kenneth M Woychuk- Land Surveyor, Four Pages of Landscape Plans Prepared by Michael Boucher Landscape Architecture. i • ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: June 9, 2014 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6766 DOMELUCA LLC 1071 $500.00 TOTAL $500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. 1071 LAW OFFICE OF DAVID JUDE JANNUZZI 03-14 ATTORNEY TRUST ACCOUNT IOLA 13235 MAIN ROAD MATTITUCK,NY 1195221022985 A,. DATE PAY TO THE ORDER OF $ LL �� DOLLARS 8 �Fa n CHASE�j 1PMoegan Chase Bank,N.A. www.Chase.com FOR I M' * * * RECEIPT * * * Date: 06/10/14 Receipt#: 171651 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6766 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1071 $500.00 Jannuzzi, David Jude Name: Jannuzzi, David Jude 13235 Main Rd Mattituck, NY 11952 Clerk ID: CAROLH Internal ID:6766 BOARD MEMBERS SSouthold Town Hall Leslie Kanes Weisman,Chairperson � y�lO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCQ�►�m,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 10, 2014 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, JULY 10, 2014: 11:20 A.M. - DOMELUCA, LLC #6766 - Request for Variance from Article III Section 280-15 and the Building Inspector's June 4, 2014 Notice of Disapproval based on an application for building permit to construct in-ground swimming pool, at; 1) proposed location other than the code required rear yard, located at: 14909 Main Road (aka State Route 25) (adj. to Dam Pond) East Marion, NY. SCTM#1000-23-1-2.3 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.nv.us Dated: June 13, 2014 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS (P`SCP ca SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS IJ0H,e L U C4 LL C (Name of Applicants) RECEIVED SCTM Parcel # 1000- 2.3`!` • 3 JUN 18 2014 COUNTY OF SUFFOLK STATE OF NEW YORK ZONING BOARD OF APPEALS 1, M/Ci�.�L .L'//9�G'�� residing at New York, being duly sworn, deposes and says that: On the /$1hday of ►TUNS , 2014, I personally mailed at the United States Post Office in J3WjW&417 ,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 applicant's property. (Signature) Sworn to before me this 1<54) day of �Ln r--k— , 201 " CONNIE BUNCH Notary Public,State of New York No.01 BU6185050 (Notary Public) oualrfied in Suffolk County Commission Expires April 14,2 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. Postal Service,, U.S. P 'al Service,. Ln CERTIFIED MAILTM HECEIPTru ITI (Domestic Mail • . . .• . . . •. Only, Coverage • • F. M m �- For delivery information visit NL 1 , cc Postage $ $1.14 r �� Postage $ $1.19 ` N C3 Certified Fee $3.30 �' O Certified Fee $3.30 C3 Return Receipt Fee Poste mark C3 Return Receipt Fee Postma N I O (Endorsement Required) $2.70 O (Endorsement Required) $2.70 ���1 , j Restricted Delivery Fee �� Restricted Delivery Fee 0 O (Endorsement Required) $0.00 O (Endorsement Required) $0.00 N M1 Er rru Total Postage&Fees $ $7.14 1 rrUU Total Postage&Fees $ $7.19 r-9 Sent To ,q Sent To ra ------- -----�70 - � arv,� !-11_�r cDu _.._._..- Street,Apt.No., O Street,Apt.No.; w... tti or PO Box No. N or PO Box No. ___ A �I _._...__ T ---------- City State ZIP �� 7 ��'' :f%�' _ 66 [�'sf lT �' !t �j 2 CitState,ZIP+4 - 4W V`v IM-3 PS Form :00August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Reverse for Instructiow. r Postal ServiceTM CERTIFIEDRECEIPT Postal co r• TIFIED MAIL. r. � r1J •• • • • • ••• M •• • • • • • •'• m 1 1 = ' co 1 v Postage $ $1.19 0471 tCID ` O Certified Fee $,,3.30 , �Postmark ��� �- Postage $ $1.1 Certified Fee $3.30 Return Receipt Fee $2.70 Here O Postaa,�-� 0 (Endorsement Required) • Q � M1. O 1 U41 W Return Receipt Fee $2.70 Restricted Delivery Fee C3 {Endorsement Required) ' O (Endorsement Required) • O Restricted Delivery Fee $0.00 tT' $7.14 1 O (Endorsement Required) 1117 Total Postage&Fees $ SPg g NTotal Postage&Fees $ $7.19 1 a ant To Sent To _,lwd trc,^ a O ° w y Street Apt.No.; rl Q�.�f,•o� /�f/ _,111 y ,�.T_-. uca V ._ 1 or PO Box No. ------------------ O �ree�Apt.No.; Clry,State,ZIP+ �Y791 Al Y 7/ l� or PO Box o. ----- ---------- Clay State ZIP+4 `2 :1111 1111. J SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY :1111 1111. ■ Complete items 1,2,and 3.Also complete A. Signa �I/�IIW// Item 4 if Restricted Delivery is desired. X E3 Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. e' by e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. _ 1. Article Addressed to: D. Is delivery a different f T es ,a If YBESOr del i t loU ,P✓T. 2� LO • I too 3. Servic e ert 'etMa ❑Priority Mail Ex/ery ❑Regi 914bd u rfleceiperchandise ❑Insured all s ❑Collect ADA 4. Restricted Deliveryjl`YE IM Feet ❑Yes 2. Article Number 7011 2970 0000 4787 4328 (liaosfer from service laben 3 Form 3811,July 2013 Domestic Return Receipt TOWN OF SOUT14OLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING h1,�9 L_ C (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) 1,�1f�/!l _ ."oelee residing.at_32/ ,f��Y f'J1.1tyV� New York, being duly sworn, depose and say that: On the day of TIJA4F , 2014, 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 TQf-yJ4 (Signature) Sworn to before me this Day.of (,� , 201 '_- CLAIRE L.GLEW Notary Public,State of New York No.01 GL4879505 *(No6yPublic Qualified in Suffolk cunt ,,�, Commission'Expires Dec.8, near the entrance or driveway entrance of my property, as the area most visible to passerby. SECTIO' . DELIVERY -: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A_ ❑Agent item 4 if Restricted Delivery is desired. X a f ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. calved by(Printed Name) CR f Delivery ■ Attach this card to the back of the mailpiece, Zm4 or on the front if space permits. D. Is delivery address different from item s 1. Article Addressed to If YES,enter delivery address below'. No 1 3. Service Type Certified Mail® ❑Priority Mail Express ❑Registered Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 2970 0000 4787 4342 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipts SECTIONCOMPLETE THIS ON SENDER- • • A. Si ❑Agent ■ Complete items 1,2,and 3.Also complete Item 4 if Restricted Delivery is desired. X ❑Addressee ■ Print your name and address on toe revQrse C. a e of Delivery so that we can return the card you. B eceived by(Printed Name) ■ Attach this card to the back the mailpiece;••` G or on the front if space per tS. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: 1 ' %�O JA If YES,enter delivery address below: ❑No � Q Y ,rar °/� ; st' `77 9'"�it/ w. N.Y /123 70insured Mait• ❑Priority Mail Express'" d :Return Receipt for Merchandise t ail ❑Collect on Delivery ( 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Arllcie Number 7 011 2970 0000 4 7 8 7 4335 (ftmW from service labep Ps Form 3811,July 2013 Domestic Return Receipt ' SENDER: • •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also completeA. t ature item 4 if Restricted Delivery is desired. 13Agent ■ Print your name and address on the reverse EMddressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 6 .� to or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No p0r&:� lUr.A; /_[c. 16 7a `3z35"h,41N jv c 1.1 X 7• // ?5z 3. Se ice Type Certified Mail® ❑Priority Mail Express- 13 Registered jtReturn Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 2970 0000 4787 4311 { (Transfer from service label) + PS Form 3811,July 2013 Domestic Return Receipt f 0 0 NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : DOMELUCA LLC # 6766 SCTM # : 1 000-23- 1 -2 . 3 VARIANCE: LOCATION � REQUEST: IN -GROUND SWIMMING POOL DATE : THURS . , JULY 10 , 2014 71 : 20AM 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 • �I� � • 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 June 12, 2014 Re : Town Code Chapter 55 -Public Notices for Thursday, July 10, 2014 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 June 23rd: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 30th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 2"d: 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 July 8, 2014. 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. °k1 79;1 11::)o 41 • 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 26th day of June, 2014. Principal Clerk Sworn to before me this day of 2014. plication for building permit for demo- 2014 Notice of Disapproval based on lition and reconstruction of an existing an application for building permit for accessory building,at: 1) less than the an addition to an existing single fam-TINA VOLINSKI code required side yard setback of ily dwelling,at;1)more than the code�'-STATE OF NEW YORK 25 feet, located at: 56125 Main Road permitted lot coverage of 20%,located VG6105050 (aka NYS Route 25) Southold, NY. at:1380 Waterview Drive Southold,NY. SCTM#1000-63-3-10 SCTM#1000-78-7-25 In Suffolk County 10440 A.M. - ROBERT G WAR- 1:50 P.M. - HELEN STRAT100S *9$ February 28, 2016 DFN and MARGARET S.WARDEN #6767- Request for Variances from Ar- #6768 - Request for Variance from title XXIII Section 280-124 and Section Article XXIII Section 280-124 and the 280-15(B)(F)and the Building Inspec- Building Inspector's June 6,2014 No- tor's January 27,2014,amended March tice of Disapproval based on an appli- 13,2014 Notice of Disapproval based cation for additions and alterations to on an application for building permit an existing single family dwelling,at:l) for second story addition.,to existing LEGAL NOTICE less than the code required minimum single family dwelling and an accessory SOUTHOLD TOWN ZONING rear yard setback of 75 feet, located garage,at;l)less than the code required BOARD OF APPEALS at: 2945 Equestrian Avenue (adj. to combined side yard setback of 25 feet, THURSDAY JULY 10,2014 Little Hay Harbor)Fishers Island,NY. 2),more than the code permitted maxi- PUBLIC HEARINGS SCTM#100-9-3-14.1 mum lot coverage of 20%,3)Accessory NOTICE IS HEREBY GIVEN,pur- 11:00 A.M.-NICOLAS DE CROISw garage at less than the code required suant to Section 267 of the Town Law SET #6762 - Request for Variances front yard setback of 35 feet, 4) ac- and Town Code Chapter 280(Zoning), from Article XXIII Section 280-124 cessory garage at less than the code Town of Southold,the following public and Article XXII Section 280-116 and required side yard setback of 5 feet,lo- hearings will be held by the SOUTH- the Building Inspector's January 13, cated at: 1500 Sound Beach Drive(adj. OLD TOWN ZONING BOARD OF 2014,amended/renewed April 22,2014 to Long IslandSound) Mattituck,NY. APPEALS at the Town Hall, 53095 Notice of Disapproval based on an ap- SCTM#1000-106-1-33.1 Main Road, P.O. Box 1179, Southold, plication for building permit for demo- 2_10 P.M. - MMMM BEER l LC New York 11971-0959,on THURSDAY lition of an existing single family dwell- #6770-Request for Variance from Ar- jULY 10,2014. ing and construction of a new single title III Section 280-15 and the Build- 930 A.M.-KAROL FILIPKOW KI family dwelling,at;l)less than the code ing Inspector's May 28,2014 Notice of #6747 — (Adj. from PH 6/5/2014) Re- required front yard setback of 35 feet, Disapproval based on an application quest for Variances from Article IX 2)less than the code required bulkhead for building permit for an'as built'ac- Section 280-42 & 43 (Bulk Schedule) setback of 75 feet,located at:20 Third cessory storage building,at;1)location and the Building Inspector's March 21, Street(adj.to Great Peconic Bay)New other than the code required rear yard, 2014 Notice of Disapproval based on an Suffolk,NY.SCTM#1000-117-10-19 located at:42155 Main Road aka State application for building permit to con- 11:20 A.M. - DOMEL CA LLC Route 25(corner Peconic Lane)Pecon- struct a new building and operate a con- #6766-Request for Variance from Ar- ic,NY.SCTM#1000-75-1-14 tractors'yard at; 1)less than the code title III Section 280-15 and the Building The Board of Appeals will hear all required front yard setback of 100 feet, Inspector's June 4,2014 Notice of Dis- persons or their representatives,desiring 2)less than the code required side yard approval based on an application for to be heard at each hearing,and/or desir- setbar.k of 20 feet, 3) more than the building permit to construct in-ground ing to submit written statements before code permitted maximum lot coverage swimming pool,at;l)proposed location the conclusion of each hearing. Each of 20%,located at:41250 County Road other than the code required rear yard, hearing will not start earlier than desig- 48(aka North Road and Middle Road) located at:14909 Main Road(aka State nated above. Files are available for re- Southold,NY.SCTM#1000-59-10-5 Route 25) (adj. to Dam Pond) East view during regular business hours and 9.30 A.M. - KAROL FIT IPKOWS Marion,NY.SCTM#1000-23-1-2.3 prior to the day of the hearing. If you KI#6748SE—(adj.from PH 6/5/2014) 11:40 A.M. - MI .Ha EL JOHN- have questions,please contact our office Applicant request a Special Excep- SON #6764 - Request for Variance at,(631) 765-1809,or by email: Vicki. tion under Article IX Section 280- from Article XXIII Section 280-124 Toth@Town.Southold.ny.us. 41B(2). The Applicant is the owner and the Building Inspector's June 3, Dated:June 13,2014 requesting authorization to operate a 2014,amended June 5,2014 Notice of ZONING BOARD OF APPEALS contractors' yard. Location of Prop- Disapproval based on an application LESLIE KANES WEISMAN, erty:41250 County Road 48(aka North to convert existing unheated enclosed CHAIRPERSON Road and Middle Road)Southold,NY. porch to conditioned living space in an BY:Vicki Toth SCTM#1000-59-10-5 existing single family dwelling, at: 1) 54375 Main Road(Office Location) 10.00 A.M.-MICHAEL RANSON less than the code required minimum 53095 Main Road(Mailing/USPS) #6753—(adj.from June 5,2014 PH)Re- front yard setback of 40 feet,located at: P.O.Box 1179 quest for Variance from Article XXII 38200 Main Road(aka NY State Route Southold,NY 11971-0959 Section 280416B and the Building In- 25)Orient,NY.SCTM#1000-20-3-14.3 11756-1T 6/26 spector's March 17,2014 Notice of Dis- 1.15 P.M. - THOMAS and KATH approval based on an application for LEEN B R F #6763 -Applicant re- building permit for"as built"accessory quests a Special Exception under Article structures (shed/deck),at;1) less than III,Section 280-13B(13).The Applicant the code required bulkhead setback of is the owner requesting authorization 75 feet, located at: 8740 Peconic Bay to establish an Accessory Apartment in Boulevard(adj.to Great Peconic Bay) an accessory structure,located at:1570 Laurel,NY.SCTM#1000-126-5-2.1 Bray Avenue (comer Fourth Street) 10:20 A.M. - CACI PARTNERS, Laurel,NY.SCTM#1000-126-7-26.1 LLC #6761 - Request for Variance 1:30 P.M. - JEWELL ON A- fro# Article III Section 280-15B and LEf#6765 - Request for Variance the Building Inspector's May 28,2014 from Article XXIII Section'280-124 Notice of Disapproval based on an ap- and the Building Inspector's May 12, Office Location: O�*rjF $Q(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 GSD • Q Southold,NY 11971-0959 i coutM, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 June 9, 2014 Mark Terry, Principal Planner g 2()14 LWRP Coordinator �UN - a Planning Board Office �.a.. _. Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6766 DOMELUCA LLC 1000-23-1-2.3 Dear Mark: We have received an application for construction of an in-ground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie . ei man Cha i,Person By: �: Office Location: S Mailing Address: Town Annex/First Floor,Capital One Bank A 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971igs 0 • Q Southold,NY 11971-0959 enulmi http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631)765-9064 June 9, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6766 Owner/Applicant : DOMELUCA LLC Action Requested: Construct an in-ground swimming pool. Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie eisman ZBA it er By: Encls. / y ,,. ., .,, ,..,. . ,. ,.,moi, ,.,...,. ,.. ,,. i NOW of to, r �s 4^ $. /A-3-0-0 / HNr,< > ia.v .%w=m..�v�.vi;;"�✓c u%wr<z�w�' ss>�'zrit!..»w�4, `�""` `',,l �, � � � %>/r,� coffin , ArA S i qy� OWNS —071 saw OUT T my - x /. ka a. o t Ally 11 2 szw,� mW Y: 3r ' g! 1 . Y c li i f 1 1 4. „ t �x r ; y " Via, � ..F vim` �' y, rs /✓ y !L%i� ��y /hi.:". 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'L .'Y.✓F%.z{:// ../` hC'. .L.ti H ,' r,_c``.5 r,Fru z?F >x•ry t � rr>i s� r / 1' .� �/ fr s r” raL r // 1 REVISED HOUSE PLAN - WETLAND SETBACK ri :. Q rt �% I • yy t GUEST ' • HOUSE , x" POOL '� t x. '}yA 'y rt � -:. .f'. _. ...; .sup.:....-..+.......+... ... M.r.,. .,.,." ha f t 3' AUTO COURT ` ,r j _ Y " 4..: k > .. .......... r P f { z .. � '_ I' Mli! INIr1ltl vim , a F _ FF a� ; I _ s t( , NORTH FORK RESIDENCE 2 michael Boucher landscape architecture RECEIVED ,JUN 0 6 2414 i3o Apo 0� I�PPE�L OV SOIJ 45 FIRM ZONE BOUNDARIES 85, ARE COINCIDENT WITH SHORELINES 45,85, �/ �J MEAN HIGH WATER LINE eh " LAND N/F C N OF aD C-2 1000-22-3-34 , 8 JOSEPH BEROV 2� 0.99 ACRES ` \ 000-22-3-3 \ 0.2 1 ACRES 000-22-3-3 to \ 8,896 S.F. _ I 1 \ \\ Zp 0.20 ACRES 1000-22-3-37 g 779S.0.20 S.F. \ C LAND N/F clpF LAND N/F tr Ca Gj pCOUNTY OF SUFFOLK ( OF TOWN OF SOUTHOLD - o ITYPICAL SILT FENCE/HAY BALE OPTIONS -J zp9'15� MEAN HIGH WATER INE t=1 TYPICAL SILT SCREEN SECTION 8�L4 815" ` 45 00' GEOTEXTILE FABRIC � � �•• COM SUPPORT POSTS 45 00' WOOD OR METAL �-� �'/ -� �� /-� /'� -� �� �� _ �- �•` � 45 Op• � � FLOW DIRECTION EXCAVATED AND /� �� �/ �/ �/ /--� �/ /-� �/ �/ �� �/ �r �,•\ BACKFILLED TRENCH �.. EXISTING GROUND ANCHOR SAKE COMPACTED 90L AQNCEHr To BALES To lU DEFAMING PRa:VFIIr MINDING WIRE OR WANE �e� ° ,- ,----/ ,DAM P OND- DUST"oRouNo ,.,,,, 151,270 S.F. 1-3.47 ACRES �J �J f-O C4 CA LOT COVERAGE �/ �J �J �� �� �J �� TTPICAL - SANITARY SYSTEM Lor 1000-23-1-2.3 '-� �� ' '-� '-� '-/ C.I. L"ING UPLAND AREA OF FLAGGED TIDAL WETLANDS = 53,210 S.F. or 1.22 ACRES _-� /-� �J �/ ROCK PILES /-� �� �-/ /---/ -/ COVER TO ��� FINISH GRADE EXISITNG HOUSE W/COVERED PORCH CELLAR ENT. & STOOPS = 3036 S.F or 5.716 �J �/ �/ �J �� � �� �� �J '~-� �J 1/4_FT• 6 1/8"-FT. 6, FRAME SHED = 105 S.F. or 0.296 ' /---� �-� �� /-/ �� ♦,� o, �/ �/ �J -J �/ �/ /-� INVERT-7 6 � N TOTAL EXISTING LOT COVERAGE = 3,141 or 5.996INVERT INVERT11=:E7 3' CouAR PROPOSED ADDITIONAL LOT COVERAGE 0� ' °D �� �� �/ �� �� �-� FOUNDATION LL �eA�FLE MI POOL c+EAN COARSE EXISiTNG COVERAGE = 3,141 S.F. or 5.996 -� �/ r-� �� �� 0I wSAND & HOUSE ADDITION = 610 S.F or IAA INTERTIDAL TANK 1'-7" 12'GRA POOL & TERRACE = 2,630 S.F or 4.996 MARSH AREA--/ r-� r-� �-/ 3'MIN GRA FRONT TERRACE & WALK = 1,565 S.F. or 2.996 REAR DINING TERRACE = 675 S.F. or 1.396 #12 USE 4' DIA APPROVED SEWER PIPE CID tf� �J �J �� �- 1,500 GAL. PRECAST S.T. PORTION OF PAVILION = 289 S.F. or 0.5X ,�� to CA �v'e SHED TO BE DEMOLISHED -105 S.F. or -0.296 /� �--/ �/ �9• #13 �� r��� �� /�� -� �/ ''� CELLAR ENT. TO BE DEMOLISHED -101 S.F. or -0.2.6 ly TOTAL PROPOSED COVERAGE 8,704 S.F. or 16.4X /-/ �-- �' 66.4700"E = #14 - ' , GROUND NATER #1a MEAN-HIGH WATER LINE - e�j•'O Ac�' #19 #1a #n #1s ' LOT 1000-23-1-2.3 & 2.5 MEAN HIGH WATER LINE �c> ('1^ _ S89e X58 LOT 2.3 UPLAND AREA. 53,210 S.F. J -..L•--• -I••- " o 1 ,, LOT 2.5 AREA: 38,348 S.F. ,: __wt)-� �' WOOD COMBINED AREA: 91,558 S.F. or 2.10 ACRES ' i �..4 #21 �FrK '-_ �: # DOCK PROPOSED LOT COVERAGE: 8,704 S.F. or 9.5% i #� - T p _ z 8 ~ 4 10 #24 123 1214 MON O MON. 16 O O f8 lr� TIDAL WETLAND BOUNDARY AS DELINEATED 20 Z K LAM OF ARTICLE 25 SUFFOLK COUNTY DEPARTMENT' OF HEALTH SERVICES BY EN-CONSULTANTS DEC. 5, 2013 O NORTH SIDE N om. / - -..-..-..-.. ` g OF PROPERTY AS /28J�14 MNW 8Y NYSDEC ON 06/2a/f4 to O'DIAx4'DEEP C0 0 2ND FLP. lfoappouga New York 10 ` 22 - MAILS . ........... 20p1� PRO M I _ lfARY 18 16 9 r. 17.0 �, (To eE _ is Lt 12 This is to cerhYy that the proposed Really Subdivision or Development for 1�t1 ra=u i. __14� E-ISLAND COVE LLC 2 , FRM 16.9 �� DOME LUCA LLC/TREASURE S ;n the _ - w "'"""'" - """' '"`'` Cn EAST MARION in the Town of SOUTHOLD Nath a total .......................................................... ___. _ - � DWE 3 i� ao :� ____- - - _ __ _- ,,1r • .. \ tlalr+let of of�+aa was aAwoved an the above date.Wds S*11I es and Sow09e Diapoodl N w .i ,:. ,. _._ as must conform to construction standards In effect at the time of .. .-._. _..- _.. .... ;; �: =T.::;;: ::.: ::::>::::::_;=:-<-::::_••_:. %Toes FRA. SHED I 24 :..•:_:::.:�.,_m: :_....._.. �,; _ UNDERGROUND F :• _.. :: ==•. -;::;: -:•r.. •, := .. s ::°:"::::::: = :':`::=:= :% :°':> "= O construction and aro subject to seperote permits pursuant t those LAND N/F To ee DEMOLISHED, 2a I :: . i#- UTILtn .__:_ _...... ELEV. 20.4 _- - standards. This approval hal! be valid only 'f the realty OF - - =- - - - - within o - dun Cork - t fled with C ivision ma Is d the- subd +dy /d+Mdoprr►en R DR BROWN JOSEPH BEROV = 1, - _ f Althis ma -- - _ - - is hereby ;von or me p - t e. Conserv n4 - • dot r of thra , one Y 9 r FENCE y� sx N - OL SANDY LOAI(f i i "_ BE MISTALLED PRIOR __-- '_- on wnian this endorsment oppeara in the oHla a of the county CIerR in TEST sAwr _ 'alifww - TD CONSTRUCTION - o + _-_ _-- _ __- _ QTY WELL accordance with provisions of the Public health Low and the Suffolk 0 :CP , - - BROWN - - B - - 16 DEEP -- - _-- - o Code. 8 DIAz n sanitary county_ ry S ly 3.5' --- - - - - Y SAN ------ �• oj :;:>><�;#^'s;���.;AV.<;'`:'_'�_'._ `W�"�:�'�: LA EY WELL ---------------- -- O 9.0' O _ _- . LA F ST 4�' - �' ----------- Z. �r� - -- -_--- -- PALE /'' .� : `M11k" 's:t. f w OF ►oro A. W,e: P.E. P BROWN UIP O : :...i:. -'"=' _ - _ O Dintctor, Division of Fnvironmental Quality S ..........: _.:. ::.:: -:: REED RUBIN FINE EL 20.4 � _= =' =-- = o �P TO MEDIUM 4•�' s-.;. :.-;•;•: :- ;-;.-.: to - L5000' 7.76 - - 0 + - SAND ����. 'Y;•. WITH GRAVE / ; eblA�r to =__ _-s> °;_'_:_!:•::, ^ ` l 16 _ - .12 ELL �...... LAND N/F BE U Cil '. . - OF 1 0 cp MEND LL e MICHAEL Cil t2 + • _ _ -__ - MON. \ - 2.5 TER 000 3 - 3 - N WA 1 2. - 0 - 1 7' w - - CRES - 9 /380.39 .F or 2.2 - 8 - 14 __ = -- = MAY 10, 2014 - CHUK LS - KENNETH WOY I 1 I U.P. 8 A ACTIVE 12 ` 60 '� 1NELL WELL z 1000-23-1-2.4 2.6 \ 89,215.14 S.F. or 2.05 ACRES DRAINAGE CALCULATIONS: \ 20 20' i_`� _ S.T. \� LAND N/F 30' R.O.W. TO \ OF A) MAIN HOUSE W/COVERED PORCH =2,791 SQ.Ff. 1 I •• -! �AeANoolaau 2,791 x 0.166=463.30 < 464cf REQUIREDfPROVIDEO ---------`------,\`� JOHN BABKOW 2 1D DIA x 4 DEEP DRYWELL547c LAND NIF B) GARAGE & COVERED PATIO=2,308 SQ•FT. OF P. 2,308 x 0.166=383.13 < 384cf REQUIRED �� ` (1) 10'DIA x 6' DEEP DRYWELL=410cf PROVIDED JOSEPH BEROV ` \� `� � �� �\ \�� 6 d C4 q �\ 40 I •;. ::::a0 O C) GUEST HOUSE=1,440 SO-FT. \\ I 1,440 x 0.166=239.04 < 240cf REQUIRED (1) 10'DIA x 4' DEEP DRYWELL=273cf PROVIDED �'S�\ �` �� ``\` •r\\ \ ;iso?i� D) JEAN PROUVE PAVILION=689 SOFT. ` �� r1 �r ( j^. _ LAND N/F L-- 689 x 0.166=114.37 < 115cfi \�y�3 �\` �\\\` , ✓ 8'DIA x 3' DEEP DRYWELL= 126ef PROVIDED - - _.•_ `-••_ �/ OF f6 #s p �3- ` ��\ �, FIRM ZO�Y1Ts' X'� � .I� r p _ WEL 0 CHARLES CAMPBELL E) PROPOSED DRIVEWAY & AUTO/COURT=12,032 SQ.FT. #2 `ATO`� �• / ��_� O 12,032 x 0.166=1997.31 < 1998cf ` �' ` (30 VF) x 10'DIA DRYWELLS= 2052cf PROVIDED .+�dr + o I F) SWIMMING POOLS SHALL BE EQUIPPED WITH A PUMP-OUT # �' O ZOjv 4 AND MINIMUM 4' x 4' DRYWELL FOR POOL DISCHARGE. _ �`. \��Q TIDAL WETLAND BOUNDARY AS DELn ATM �� BY EN-CONSULTANTS DEC. 5, 2013 �. • \ �`..`` \ ry� MAP OF PROPERTY UNIFICATION OF �'',� aw I s'^!: MON' I LAND N/F °-\ -�- J ` �` �` I ::= r0• 584``� I OF DOME LUCA LLC/TREASURE ISLAND COVE LLC �- 4 ''` y s¢zo��•.`, I MALA RUBIN ¢ - �.. I 5 GRAPHIC SCALE o I N :_:__i ?%' :Tis_= z5 Bc too _-=_ so a >: 10' TYPICAL LOT LAYOUT D�""r'AY�� _" ON. \\ � IN FEET 1 inch = 50 f� a MBE DON NG STONE ORI1kWAY LAND N/F DATUM: NAND 1929 THE WRIER SUPPLY, WELLS, DRYWELLS AND CESSPOOL -=-_- \ LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS MiNN AND OR DATA OBTAINED FROM OTHERS OF 6 \ FIRM PANEL 0064H SIDEYAR JOSEPH BEROV �` \ DWELLING SIDEYAR y UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY ��` _^ -_ MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES lA10lCA1FD HEREON SHALL RUN O eS \ ONLY TO THE PERSON FOR Mt/0M THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTIR17)OW LISTED HEREON, AND TO 7HE ASSIGNEES OF THE LENDING INS71TU7TON, GUARANTEES ARE NOT TRANSFERABLE THE AFFS£T5 OR DIME SHONN HEREON FROM THE PROPERTY LINES TO THE S7RUC7URES ARE FOR A SPE0RC PURPOSE AND USE THEREFORE THEY ARE Z NOT OFFSE7INTENDE0 TO MONUMENT THE PROPERTY LINES OR TO GUIDE INE ERECTION OF fENCIES ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS I AS SHOWN ON TOW.WERANDS MAP#724336 � 4 AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARAN7EE'D UNLESS PHYSICALLY ENDENT ON THE PREMISES AT THE TIME OF SURVEY 2 O - ' J_ 00 SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: DOMELUCA, LLC; s VE DESC _. Q a T MAP OR _ _ TREASURE ISLAND COVE, LLC; U.P. 6 APRO Ro ND FILED: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; I `�' .R• 25) SITUATED AT EAST MARION - - `S TOWN OF: SOUTHOLD RENNETS 1{ ROYCHUR LAND SURVEYING, P= REVISED 06-05-14 REVISED 05-20-14 SUFFOLK COUNTY, NEW YORK - Professional Land Surveying and Design REVISED 04-20-14 P.O. Boz 153 Aquebostte, New York 11931 ADD ADDITIONAL FLAGGING 03-24-14 AUG. 18, 2013 ''- POOM (63106-16M FAX (631) M-15W ADD WETLAND FLAGGING AND SETBACKS 12-19-13 FILE 013-144-C SCALE. 1"-50' DATE N.Y.s LISe.. Nn' 050882 aeiataidot the recalls ae Hobst 7. Hmoa4 k Keooath Y. Weyehat BOARD MEMBERS O��OF SO�lpl Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road •P.O. Box 1179 h O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p a�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �ycou 11,�`� Southold,NY 11971 http://southolcitown.nortlifork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 7654809 • Fax (631) 765-9064 July 25, 2014 Michael A. Kimack 321 Riverside Drive Riverhead, NY 11901 RE: ZBA Application 46766— Domeluca, LLC Dear Mr. Kimack: Transmitted for your records is a copy of the Board's July 24, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely Vicki Toth Encl. 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