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HomeMy WebLinkAbout6776 3770 P001 hO(AEC, F�a16z- , iV1� v't>Jyid ;wi1/Yt✓Ytl f�.1 � deer �o 1 bcak—d— P < - aL on� " BOARD MEMBERS *Z� SOUjyO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O. Box .1179 ! ,`O O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer C01131 Town Annex/First Floor,Capital One Bank e_lGeorge Horning • �O 54375 Main Road(at Youngs Avenue) Kenneth SchneiderCO(INTNISouthold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809 • Fax (631) 765-9064 uthoid To n Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 18,2014 ZBA FILE 6776 NAME OF APPLICANT: Windsong Cove, LLC SCTM#1000-22-3-4 PROPERTY LOCATION: 3770 Private Road #1(adj. to Long Island Sound) East Marion, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 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 August 5, 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 31, 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. PROPERTY FACTS/DESCRIPTION: The subject property is located in a Low Density Residential R80 zone district. The improved parcel is approximately 10.657 acres with several shed structures, a partially demolished cement block one story home, and a single story wood framed home. The parcel has 329.87 feet on the L.I. Sound, 1425.62 feet on the westerly property line, 1447.18 feet on the easterly property line and 328.33 feet on a private road which appears to be its southerly front yard/property line, along with a 10 foot right of way which runs parallel to the easterly line. At the time of the second inspection, the new dwelling was being constructed. All shown on a survey dated May 13. 2013 last revised May 3, 2014 prepared by Nathan Taft Corwin, III, LS. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and Section 208-1050 the Building Inspector's May 30, 2014, Amended June 26, 2014 Notice of Disapproval based on an application for building permit to construct accessory pool house, pergola, in-ground pool and deer fence, at; 1) accessory pool house, pergola, in-ground pool in location other than the code required rear yard, 2) 8' deer fence proposed in location other than side and rear yard. RELIEF REQUESTED: The applicant is requesting variances to construct a pool house, pergola and in ground swimming pool at a location other than the code required yard. The code requires a rear yard or in the case of waterfront property a front yard location meeting the principal front yard setback. Additionally, the applicant is proposing 8 foot deer fencing in/along the front yard where the code allows it to be located in the side or rear yard. Page 2 of 4—September 18,2014 ZBA File 6776—Windsong Cove,LLC SCTM#1000-22-34 ADDITIONAL INFORMATION: The neighbor to the east submitted a letter objecting to the variance request based upon the existence of a R.O.W. used by the adjacent subdivision. The attorney for the adjacent subdivision submitted documentation showing the applicant had no legal access to the R.O.W. The Board requested comments from the Town Engineer regarding the condition of the private right of way to this property. In a letter dated September 4, 2014,the Town Engineer stated the roadway is stable but does not meet the minimum requirements found in the Town Highway Specifications or driveway access requirements in Section 280-109 which states access should be at least 15' in height and width. The applicant's agent responded in letter dated September 9, 2014, it stated that the surveyor would not be able to accurately mark out the right of way due to the language in prior deeds dating back to the fifties that were too vague to follow a metes and bounds description. He further stated his client will continue to maintain the right of way for proper egress and ingress. The agent gave full disclosure to the Board by indication that the Applicant would have to maintain the private unpaved dirt right of way to minimum standards under NY Town Law 280-A. The agent confirmed these improvements to the Right of Way will be done and it will be properly maintained. The Board contacted the Town Engineer, James A Richter, to Inspect and evaluate the ROW. A report dated September 4, 2014, was received, and evaluated by the Board. It is this report that makes certain requirements of improvement to this substandard dirt ROW. The main improvements are; 1. "All lots with a building or structure must ensure that access is at least at 15 feet in width and at least 15 feet in height. 2. The minimum requirements for residential lot access found in highway specifications would be a 12 foot wide stone blend road with minimum clear corridor of 16 feet wide by 16 feet high. The full report will be made part of this decision. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 7, 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 4267-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 property is unique due to its location (secluded) and acreage. The front property line is located approximately 2,660 feet from the Main Road and is accessed by a Private Road. It is surrounded by either vacant lands or neighboring homes that cannot be seen from the subject property due to existing vegetation. The proposed accessory structures (pool, pergola, and pool house) are proposed at a code conforming 41.2 feet from the closest property line, which appears to be in a functional side yard. The non-conforming deer fencing proposed in the front yard will not be visible to any surrounding neighbors or properties since it is proposed at 683 feet from the front southern property line. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could move the proposed pool house, pool and pergola to a conforming yard. However, the proposed location is the most convenient for access from the house, will preserve mature trees on the property, avoid land disturbance closer to the bluff and will not be seen from other properties on this very large and secluded parcel. Additionally, the applicant's agent submitted prior ZBA decisions in the subject area in which the Board granted accessory structures in the same non-conforming location as proposed by the applicant. 3. Town Law $267-b(3)(b)(3). The variance(s) granted herein are mathematically substantial, representing 100% relief from present code requirements. However, the setback for the accessory structures is conforming to the closest property line and the structures will not be visible to surrounding properties. The substantiality of the proposed non-conforming eight foot high deer fence in the front yard is mitigated by the fact that it will be located approximately 670 feet from the front property line on this unique parcel and will have no adverse impact on surrounding properties because it will not be seen from this location. Page 3 of 4—September 18,2014 ZBA File 6776—Windsong Cove,LLC SCTM#1000-22-3-4 4. Town Law X267-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 the private right of way will be maintained by the applicant. The accessory structures are proposed at well over 100 feet from the top of bank. 5. Town Law X267-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 this action is necessary and adequate to enable the applicant to enjoy the benefit of a pool house, in-ground pool, pergola and deer fencing 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 Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the site plan, sheets C-1 and A- 18, by LPA Architects, dated September 2012, and survey produced by Nathan T. Corwin, dated May 13, 2013, last revised May 3, 2014. Subject to the following conditions; CONDITIONS 1. Pool must have a dewatering dry well large enough to accommodate the dewatering of a 20 by 40 foot pool. No pool water shall be discharged on to the lawn, or over the bluff. 2. Pool equipment shall be placed in a sound deadening structure. 3. Shower for pool house must be placed on the outside of the structure as indicated on drawing A-]8 4. Pool house structure plan must eliminate kitchenette from plan and only indicate a sink/refrigerator since the preparation and cooking of food is not permitted. 5. There shall be no sleeping quarters in the proposed pool house. 6. The private right of way shall be continuously maintained by the owner of SCTM#1000-22-3-4, per Town Code Section 280-109, access shall be at least 15 feet in width and 15 feet in height. 7. The proposed driveway shall be constructed per the requirements of Chapter 236 for Stormwater Management. 8. The Town Engineer shall inspect the improvements completed on the referenced dirt Right of Way leading to the Applicants' property. Also, the Building Inspector shall be informed of the completed improvements so that the specific additional Permits and Certificates of Occupancy can be obtained on this property. 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(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. Page 4 of 4—September 18,2014 LBA Pile 6776—Windsong Cove,LLC SC7'M#1000-22-3-4 Vote of the Board: Ayes: Members Schneider, Horning, Goehringer, Dantes. Absent was: Member Weisman (Chairperson). This Resolution was duly adopted (4-0). Ken th Schneider, Ating Chair rson Approved for filing f /ZZ-,t2014 L40LONG ISLA14D S� (a.) N 00.493"r=493" N gry•9g'Ol•� ���I V� "18J0' eorror+oP 6Ae�c - TOP OF lla K wTVFVL E.vaTH —— — ►AnL ro aFwcH P`S - FW*1T-L 5TAL lI g"CMHArAw14 LINe A5 SCALED FINAL MAP b� PivaSTAL emrAL eHa+N Uw- S SCA ED i TORI Or soun4o1.0 rwTO NO.50-blY-eD L P L �� _ _ r Ls-nr a ewsnru IMsETAT>M T REVIEWED BY ZBA O Lilt ► 10 SEE DECISION # � , ETAnON �- DATED V /a6 i q 4E ice: SITE PLAN I' .Z or WAY n IOev xlci+T — C r Lr"r or EAST046 1! — vEstrAnoN Ii �pp�p� PROPOSED SCREEN ROOM P 1 _ PROPOSED BLUE570NE � �I EX15T1N6 PERVIOUS DRIVEWAY _- - -• - 7ERRAGE t POOL PATIO T ®� TO BE REMOVED -_ SAI-"i PROPOSED 40'X20'INGROUND D ® - *10J.. j,• SN6 POOL Z A' 41.4' a 0 0 0 0 Z ^ cn OE ® 4+ yyy S EXI5TING 1 STORY 011,4151-1-111115 PROPOSED POOL'HOUSE TO BE REMOVED,TYP FOR 2 ' W/OUTDOOR SHOWL92 F b ? - PROPOSED CELLAR ENTRY •Q- _ PROPOi WATER LINE F-a w n JI n TO NEW POOL HOU91: F m N (` r OF � � 108.0' {vGtTT r i t PROP09ED ATTACfED OAP-46E , ouc 3 c PROMAIN DWE —LLIN6 r POSED < 3 n H 4 EXISTING OUTLYING 511 1'I Ct Klw'rw�ysncATneMowe TO BE REMOVED,TYP FOR 5 .'• (lt —^i Jt ne�waeara wed xrNE io: Rg AIYhIMIdfGf b IIU11Mr.1 MOM! �I i IIOf NEt�WMMaaBlR4KL lEM6lYAI F- � - p�aaglRR OaBtNM'0.�M pt pl{alYltll TO NSf QlLf!IdKAlE014' ,L GaM1'L"OMRR IIE Rlgb'Tf RR A/LE i i tGI151KD/d RGYAl1011RQROMIIOMQ II! 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ENL ED SI EP AN N 12039 EPH 2915' '' Check W 9'151.180{W I SCALE: 1"= - 9 I i � , SINQNRhCHIFF KMP ��� SITE PLAN INSheet SCALE: 1"=I00' C-1 0 517E INFORMATION AS TAKEN FROM A SURVEY BY NATHAN TAFT GORNIN Ill,1--).DATED MAY L9,2015 SITE PLAN � Sheet Notes: Mir = - - -716 RECEIVED -------------------�-------� -----------�------------------- -----------j" -------------------- ------- t-_______-_-1-_-__-_______--___-_J______-___--I ° NORTH ELEVATION WEST ELEVATION r t SCALE:1/111-0' SCALP.,Wti['-D" BOARD OF APPEAL 1 1 FINAL MAP I 1 1 1 1 1 1 NL-------L--------------------J L--------------------------------------------J SOUTH ELEVATION EAST ELEVATION REVIEWED BY ZBA SCALE'luLr•a SCA,X:1114 I1-0' � r SEEDECISION # DATED I a4 - - - - - - - - - - a�af�l�Nw�a -l�NN�M Pwdr ;Y. g 1 I ..�� `°^�s°`a—7 ` -{�`' Pro - / RlEceeoewe Posed , l §- -___; ; , fl ; Windsors Cove f_— —————1 E I AWL 1 ;E� ' Private Road Kitchen ; z East Marion,New York 11939 ' l � LPA ArdctsuteLLP nvir ; I - aCNITECTUAE PLANNING .. I I I!.-. .� �..!..j f. I - I .�- ww.Ipa-OlANE.COT ■ -- L _ L fill IL I I w F I TI IN$0 V1 >4 6 1 11]R l ( � � I' J. _! i I I T!W Sat Tf11 ENs fTl!o ans (_- 31'4 ZG W Orc•� Fla Dac 2012 BUILDING SECTION A-A FLOOR PLAN SCALE u-17 N® s� As NOTE) sc":I •-r-m Taal PnyowA Added S.F.-2% "°p°• D.a-c Nb '�� A-18 snchwfi" POOL HOUSE SURVEY OF PROPERTY SITUATE FINAL MAP EAST MARION TOWN OF SOUTHOLD REVIEWED BY ZB SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-22-03-04 SEE DECISION # 'l�� SCALE 2003 MAY 13, 2013 011101 a.17.7013=VW Nt1a1M11 DATEDc„ / 1g / J614 ISJ+AIID SO1J� K�CT 1i ALL L CTOTIC UNIO 10.4157 m n. �Nc f4�.1 ��•f �� �' LE"RTI)JlD 110: REPUMJC NA .NATIOL TME INSURANCE COMPANY N apN'1S•[ .y VANDSONO COVE.LLC .aM 1.GIVATM All REFERENCED TO NAVA. f SY DATUM amm"•to ffimm HAW INIOMN-"Mu r _ MMrM� 03. WWAMML GWF S .al .s ,yry�_ IMr .a1 r rn RECEIVED 00 X0,4 R(� OF AFp P1V.Ig1}�q EA LS l .0 1 a _ w a aMu ,p►j1T . e • �} Nathan Taft Corwin N Land Surveyor '� NAM[(YIpD-7N7 N(YII)171-1177, .�M�p7�L�/1�M1M�[.r 7/IMO l�O®O 1AlM� Mi M07 M1W,RY, iw�1,,y�}y~y 1170 b.�,rl Mw M 11M LAW OFFICE OF DAVID JUDE JANNUZZI 13235 MAIN ROAD RECEIVED P.O. BOX 1672 SEP 12 20-M MATTITUCK, NY 11952 BOARD OF APPEALS (631)298-8065 (631)298-4214 fax September 9, 2014 Zoning Board of Appeals Town of Southold Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold,NY 11971-0959 RE: Windsong Cove LLC Madame Chairperson and Members of the Board, In response to the request made by the Board at last week's special meeting, please be advised that our surveyor has informed me that he is not able to accurately mark out the right of way as the language contained in the prior deeds, which date back to the fifties, was too vague to follow a metes and bounds description. Notwithstanding this fact, and because the use of the right of way has been in continuous use since that time, my client has a clear easement by prescription which would enable them to continue to use the right of way and, specifically for our immediate concerns in this application, maintain the right of way for proper egress and ingress. Towards that end, and as stated at the special meeting, my client will continue to maintain the right of way. So that the application will not be further delayed I respectfully request that the Board include this as a conditional requisite of the variance and one with which we will happily abide. I thank the Board for its courtesies in the matter. Very truly yours, FINAL MAP David Jude Jannuzzi, Esq. REVIEWED BY ZBA DJJ/vcd SEE :DECISION # (o DATED SCOTT A. RUSSELL FUCKc� JAMES A. RICHTER R.A. SUPERVISOR ` o �� MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROADti •- �' ��'► TOWN OF SOUTHOLD,NEW YORK 11971 Ter r -- 3Tr-765=T560 ---- 4 �C Fax. (631)-765—9015 MICHAEL.COLLINS TOWN.SOUTHOLD.NY'USy� �! JAMIE.RICHTER(a�TOWN.SOUTHOLD.NY.US REVIEWED BY ZBA ' SEE DECISION # 17(0 OFFICE OF THE ENGINEER DATED `IIA N TOWN OF SOUTHOLD Leslie Kanes Weisman airperson September 4, 2014 Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 D .1 C ME VZ Re: Windsong - D s• y Cwe, LLC SES 4 2014 ZBA Application#6776 Dear Mrs. Weisman: I have been contacted by your office to review the Private Road access for the existing residential lot found in the above referenced ZBA application. Please consider the following: 1. The existing stone/dirt roadway is stable but it does not meet the minimum requirements found in the Town Highway Specifications. In addition, this existing dirt driveway does not appear to meet the Access requirements of Section 280-109. "All lots improved with a building or structure must ensure that access is at least I5'in width and at least 15'in height" The minimum requirements for residential lot access found in the Highway specifications would be a 12' wide Stone Blend road with a minimum clear corridor of 16' wide x 16' high. (RCA- Recycled Concrete Aggregate is not a substitute for finished Stone Blend roads.) 2. The existing driveway corridor,is narrow and it is difficult to determine where the existing driveway is located in relation to the property lines and Right-of-Ways that extend between the subject property and the Northerly terminus of Kayleigh's Court. It is recommended that survey stakes be installed by a licensed surveyor to delineate the westerly side of the existing right-of-ways and/or property lines. Until that is accomplished it will be difficult to recommend improvements for emergency access to the site. 3. If the existing roadway does not encroach into the adjacent westerly properties, the applicant should be required to improve the existing access in a manner that will meet the above referenced standards. This item would include but not be limited to grading the existing driveway in a manner that is suitable to receive a 2" course of Blue Stone Blend without directing stormwater in the direction of the steep slopes to the east. 4. Continued maintenance of this existing roadway should be considered. Will the applicant in this permit process be required to maintain the existing driveway to meet access requirements in the future? Page 1 of 2 Leslie Kanes Weisman, Chairperson, ZBA September 4, 2014 Re: Windsong Cove, LLC ZBA Application#6776 Page 2 of 2 5. The new residential driveway has been proposed as a straight extension into the property that is under review. This new driveway section should be elevated and/or contoured in a manner that will also prevent an increase in stormwater runoff from entering this existing driveway. All new residential driveway construction must provide drainage designs to meet the requirements of Chapter 236 for Stormwater Management. This drainage design will be reviewed and approved during the Building Permit Application Process. If you have any questions regarding this matter, please contact my office. inc ely, James A. Ric ter, R.A. FINAL MAP REVIEWED BY]ZBASEE DECISION #DATED 1 V 1 COUNTY OF SUFFOLK RECEIVED AUG 8 v 2014 Steven Bellone SUFFOLK COUNTY EXECUTIVE ZONING BOARD OF APPEALS Department of \ Economic Development and Planning 1 Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment 9 \A b August 5, 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 A14-14 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 Windsong Cove, LLC 6776 Keating. A& Sharp C 6777 Showalter Farms, LLC 6778 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 OFFICE LOCATION: *rjf SUUry� MAILING ADDRESS: ( t Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 I^-(Cor M Rd. &Youngs Ave.) CA 1 d, NY 11971 Q Telephone: 631 765-1938 • �� Fax: 631 765-3136 � 00uf0m ' a� \ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD G',I� MEMORANDUM RECEIVED AUG 1 - 2014 To: Leslie Weisman, Chair ZONING BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 31, 2014 Re: Coastal Consistency Review for ZBA File Ref WINDSONG COVE. LLC. #6776 SCTM#1000-22-3-4 WINDSONG COVE, LLC. #6776 - Request for Variance from Article III Section 280-15 and Section 208-105C3 the Building Inspector's May 30, 2014, Amended June 26, 2014 Notice of Disapproval based on an application for building permit to construct accessory pool house, pergola, in-ground pool and deer fence, at; 1) accessory pool house, pergola, in-ground pool in location other than the code required rear yard, 2) 8' deer fence proposed in location other than side and rear yard, located at: 3770 Private Road#1(adj. to Long Island Sound) East Marion, NY. SCTM#1000-22-3-4 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 action is CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. 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 Kiely, Assistant Town Attorney RECEIVED FORM NO. 31�. Ib9 ?tt NOTICE OF DISAPPROVAL BOARD Of APPEALS DATE: May 30, 2014 Amended: June 26, 2014 TO: Windsong Cove, LLC c/o D. Januzzi P O Box 1672 Mattituck, NY 11952 Please take notice that your application dated May 8, 2014 For a permit to construct Pool House, Pergola & inground pool&Deer Fence at Location of property: 3770 Pvt. Rd., E. Marion, NY County Tax Map No. 1000- Section 22 Block 3 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed accessory pool house, pergola and inground swimming pool on this conforming lot of 10.8 acres in the R80 Zone is not permitted pursuant to Article III 280- 15, which states: "In the case AC District & Low Density Residential R80 Districts accessory_ buildings &structures or other accessory uses shall be located in the required rear yard subject to ..." The site plan shows the proposed pergola pool house& inground swimming pool in a location other than the required yard. Also, the proposed 8' deer fence is not permitted Pursuant to Art III, 280-105, Section C-3, Deer Fencintz is prohibited in or along the front yard of any property. Authorized Signature • RECEIVED -70 JUL U 9014 Fee: Filed By: Assignment No. APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.11W Street p,Q/y,q ,gyp A',/ Hamlet CWJ7-iy_49p/p N SCTM 1000 SectionBlock j& Lots) O 4 Lot Size 140,,9_5'7Zone1Q',,ko I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Z 0 4 BASED ON SURVEY/SITE PLAN DATED q/le/Z Applicant(s)/Owner(s))./ :_ li IA60 OVV6, CB VLA G' l Mailing Address: 7 d 167Z , /yI1�fT/,r.�1Cl�A'-Y,!/ 952 Telephone:im em. 9Z x: Email: 6AOWUllJ tpflyN/[ M+yq C os> 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: > i'T.t1Z OZ,?/ for(-4 Owner( )Other: Address: P. d_ RGJC /G?Z &&MW_CZc /V-Y. Telephoner Cor? Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED dy Z- and DENIED AN APPLICATION DATED ¢ FOR: 06 Building 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: 2op0 Subsection: / Type of A peal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal ( ) has, 00 has not been made at any time with respect to this Property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our officefor assistance) • • RECEIVED JUt 0 9 2014 Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used withp4Q ARD OF APPEALS signature notarized): 4AWP4�9 for 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to�by properties if granted,because: IvXGPpJ, j POOL /�'L�/t'(>Gr,4 fOaL,Mj4V.7, XXV 011JVm44? IVea4F/t Vv/Cegp_17rv47Ao ON.4 GL`!✓ney P1-0p1I1G 6640E, 7W. r019 461-Ev.4n" QF PW4 0/? Det W 0 ma AE C o N rr¢U C)Zo -vr we- WkT*12AWIT/NG G/ZAn,E, 7A6 VIP 04L 1,V,0W c7-VI/01/4,9 e,& 0144Ha L 6/2 GH Mac*'0/Crv, WE.PTAI✓,O J'0VfM d/REC1oX-5' ,QNO VW&0YXIZW Oro WO AOrl- 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: rNA6 l X P P0,>:5:V PO o L/ '06 GZ NO?!$E AP✓,a CtIM00&IN a�W4F2 t e CA-n acv 15- M,6 ,8,577 firX- C 0/4 7, 0 DLJ "ol ,01/0,4 C(W-J '6/7O1''I RM5 NEW O q45-'C/SVG. 7VO f7D,E YiWW L 0 09 7740V W v L/4* PXAIWV,-OWIrWta rlplV/LE ri7L;6j- 026H�,i0✓A-Z W �t7A/�l�-,rs/nrG Ol d h 0//20);Fa7-s PIrg ARv ACge�rr Po w leo o� F'Za� Px�Por rvs,� 3.The amount of relief requested is not substantial because: y7jje,x"RQJLV POOL PIP-15 Y/ )YV GG C, MAI /T AV 1e.6'/-'Y19 V 17P 7AW AAP A/,O -/X YR vO4 /JVrV Ph�E P/,00 Y'4WP 1LrY4jQ4 qw/0 P4ji5JLe)2Vep A Gl2LAr�rz AMW XMW WAIW /)°ACAE 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 7A45/0V 0)02:0l°DoL A%n S YVDUL,o /-I/444� &IAVIHA1, 1",PW C7- Ow �J?'J aU�✓D/�G ✓✓/�'cNJi1 J� W/-jL1 c%?,roA ➢"ls r1a�1' PA>tJ' /f' WokVC"!OPAa 7W.-7?A-' Y4YVl- /y o �x,/J'T/n✓G �SJOIJ,E.r �/j,E.I�G� V!1^��j-/� �dM '�'J,!/� 1'f�p,�RT% 5.Has the alleged difficulty been self created? XYes,or{ } No Why: TyZr IV01PAWO ,oDClL� pooh yor ,61/K0 P�,e'GOL.q .6%?.E' B�X"T.42 Jv/ To&� r/P l/►/P� 1'II�.EY/J,C/j. T�S'��.�ave-Ya.�.r� iS 3�° B� G c cuAo!7 7isNAV//s' CoU/7/�'-. V'0 we��gJ�l_. M1 snd? "{��No Yes�e'Esie is'n a o y�X D' JqY This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Auth gent (Agent must submit written Authorization from Owner) Swor^ me this_6_�Uay of_ �L)% _20�4.L. Notary Public MMIUM 1 �� VOTARY FUK=STM OF N1E W irOR1K Q AOd l Mn% 1 10PPLICANT'S PROJECT DESCRIPTA APPLICANT:AJ/JY,D & COViGVID,7AUs 4j DATE PREPARED: C110YZ0j,4 REILtlVtLJ 1.For Demolition of Existing Building Areas 49-77(10 Please describe areas being removed: NO JUL U 9 2014 10Agn OF APPEALS H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: IV,l/q Dimensions of new second floor: MIX Dimensions of floor above second level: Height(from finished ground to top of ridge): NIA Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: /VIA M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: AIAV rn oc14,0 zlyi!5 g"V17W j2 L-11 no O'd C� Number of Floors and Changes WITH Alterations: ,�/M f,��=/oU�iV /? j ZC00104✓ 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: C d 44=jjC UQ X OoA: MQer rAb P601— POO L A&Wri - 04V 02 0Vrr 4!9f2 M&dW&- it �-0 Ag LD ng-v-gig 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): AM Lett/, C-VAIM/,PM "4W/, ZJ- &ELAVVAf" FL--,P— L&i7H A PI-1 6,6 r-&.lam-a 95'4 '0 U1rj 1/YASMA5� 9WAC- �'i�.fGaLn /j-ptb0/�D�,P, ?VE LAA-40 Zr 6,"6W.&3le-Y 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 QUESTIONNAIRE J U L t9 �� FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes _>�_No B. Are there any proposals to change or alter land contours? No X Yes please explain on attached sheet. s fUA MEY cplYPddits 1`fIMVA C. l.)Are there areas that contain sand or wetland grasses? WS' 2.)Are those areas shown on the survey submitted with this application? YET 3.)Is the property bulk headed between the wetlands area and the upland building area? ll! Q 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? .1Z4 Please confirm status of your inquiry or application with the Trustees: 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? N h E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?__AL17 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? Alli 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? A10 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel R,6TpA5WVAL_ and the proposed use gzyv�AL_ (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date RECEIVED .JUL_ 014 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS 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:__pMel 7Jgw//VL/2„Z1 2. Address of Applicant: , 3. Name of Land Owner(if other than Applicant): 0/VCs C O VL L LL' 4. Address of Land Owner: /, 3r �,�,� ,Q� �,�j�/� � Al,y, // 5. Description of Proposed Project:BM,R14W &aL APAQL,6jQMjM 4akiSNA AMP 0(/TOOM P,9JW,-192 6. Location of Property: road and Tax map number) :?"0egh/i4T�IZb.�l 6A!'1' a.d y 2Z--D_3-0 4 7. Is the parcel within 500 feet of a farm operation? { } Yes (XNo 8. Is this parcel actively farmed? { } Yes D'No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by 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) ignature 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. RECEIVED 617.20 ��-7(o Appendix B0 9 ?014 Short Environmental Assessment Form 1�� Instructions for Completing BOARD OF APPEALS 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 Name of Action or Project: /1V rroN C Project Location(describe,and attach a to ation map): �770 &IVAMA oN • **x 14 Brief Description of Proposed Action: ,?� Ir 06A1.r1` VC77&fA1 dry' A--^104 p,�x&&w+ /�Q��� �vf AN/� r 74,1>v 7W E AF Q 1)>,W RM Ay4R,* d Name of Applicant or Sponsor: Telepho Z �- PA V1.22 V2 AW LIZ Z E- il: .VN. CAN Address: 10 Z,3 City/PO: State: Zip Code: Roe. e z CMZTz 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. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ,JY1A7x' UC C'TY JWN J"12" w. Z&Z P,E.r�iT 3.a.Total acreage of the site of the proposed action? ? acres b.Total acreage to be physically disturbed? . O l acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ))Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 . RECEIVED 4i 5. Is the proposed action, jur. 0 9 Z014NO YES N/A a.A permitted use under the zoning regulations? (p b.Consistent with the adopted comprehensive plan? BOARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural ZIO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO I 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: 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: 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? JX 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. Idgntify 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 ❑ 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? *NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑MAYES Ad!%6140?-k U& ZL Page 2 of 4 • VED 18.Does the proposed action include construction or other activities that result i 'the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location dYaWaciive 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: I AFFIRM THAT THE INFORMATION PROVIDED ABOV7 TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name. Date: 6/f Q ZZG/ 4r 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 l 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 5; 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 RECEIVE® • U g �� No,or Moderate small to large ` impact impact BOARD OF APP AS may may occur occur 10. Will the proposed action result in an increase in the potential for 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 )ft 0 9 IM AGENT/REPRESENTATIVE (P TRANSACTIONAL DISCLOSURE FORM T c 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 : P)2= l •�//1JlJZ Z/ (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 K Variance $e 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 No,sign and date below.If 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 A04 day of.. ,20__/O Signatur Print Name RECEIVE® juLl 0 9 '/.014 APPLICANT/OWNER j BOARD 0 TRANSACTIONAL DISCLOSURE FORM 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 :A1/"MNG COV£ L L C (Last name,first name,middle initial,dnless 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 Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If 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 Submittedt &day of YV N,5,20 `4- Signature Print Name PAW2 C%A1& T7-f, ,A1' &G,&,Nr- w RECEIVED If Town of SoutholdJ UL 0201 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 E Planning Dept. E Building Dept. [>!<J Board of Trustees I. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: Zd 40 / Location of action: ?V© W1/147E ".MV E0 Site acreage: JUI-. Present land use: Present zoning classification: L BOARD OF APPEALS 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:_ r1242W-12 T'v121A11/ZZ/ (b) Mailing address: 72� j, " , p 0. ff d A /4 71— /LZUtVG1C Al 1/ 9S"LIF c (c) Telephone number:Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No X (Not Applicable—please explain) • • RECEIVED Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout tl8(YAfWC0§Aff0WS�e LWRP Section III—Policies Pages 6 through 7 for evaluation criteria YesNo G (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria K-A Yes a No (Not Applicable—please explain) 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 G No 9 (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [a No�Z (Not Applicable—please explain) • RECEIVED ��(► 9 '10 to LS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No� (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize 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—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. n 0 YeLl No g(Not Applicable—please explain) 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 evatiqRD Fd Yes No � u (Not Applicable—please explain) �I JUL U 9 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. [aYes 1:1No 9 Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain Attach additional sheets 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 g Not Applicable—please explain vs \`� \$� 0 LAW OFFICE OF DAVID JUDE JANNUZZIEIV �Ep ED 13235 MAIN STREET {. P.O. BOX 1672 A()(,, 1 801� MATTITUCK, NY 11952 ! BOARD OF gpPEAL (631) 298-8065 S FACSIMILE REPLY (631) 298-4214 TO: Southold Zoning Board of Appeals FAX # 631 765-9064 RE: ZBA application of Windsong Cove Appeal # 6776 DATE: 8/16/14 Time: Number of Pages: 1 Including Cover Greetings.In response to an inquiry made during the public hearing for the above application that took place on August 7, 2014, please be advised that, as confirmed with the architect on the project, the deer fence begins 683 feet north of the southern boundary of the property. Please let me know if you have any other questions or concerns. We will attend the special meeting to answer any further questions about this application. Thank you, David Jude Jannuzzi, Esq. IF YOU HAVE NOT RECEIVED ALL PAGES INDICATED PLEASE CALL (631) 298-8065. NOTE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS INTENDED ONLY FOR THE INDIVIDUAL TO WHOM IT IS ADDRESSED OR AUTHORIZED AGENT. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CALL THE ABOVE TELEPHONE NUMBER IMMEDIATELY. � TOWN OF SOUTHOLD 4 77 �RECEIVEDa BUILDING DEPARTMENT TOWN CLERK'S OFFICE ILJ II � ����4 'a SOUTHOLD, NY BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 38658 Date: 1/30/2014 Permission is hereby granted to: Windsong Cove LLC 13235 Main Rd Mattituck, NY 11952 To: Demolition of five (5) existing sheds, one (1) existing shed with deck, and two existing dwellings, and the construction of a new single family dwelling with garage under as applied for per DEC NJ letter and SCHD approval. At premises located at: 3770 Private Rd #1, East Marion SCTM #473889 Sec/Block/Lot# 22.-3-4 Pursuant to application dated 1/27/2014 and approved by the Building Inspector. To expire on 8/1/2015. Fees: DEMOLITION $1,028.80 SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $1,399.20 CO -NEW DWELLING $50.00 1: $2,478.00 uilding Ihspec or ___._ 3770 Private Rd - Google Maps Page 1 of 1 3%70 Private Hd,East Marion,NY17939 IV 3770 Private Rd Cxplore this area w RECEIVED rr JUL 09 2014 77Y Wj,V,0r01& COV-, c.LG. BOARD OF APPEALS Imagery*2074 DigitalGlobe.New York CIS,USDA Farm Ser—e Agency,Man data 52014 Google 500/e https://www.google.com/maps/place/3770+Private+Rd/@41.1370298,-72.3353712,1339m... 6/10/2014 REC LVED 4 Board of Zoning Appeals Application BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) 1, W1JV�� G'OVIr LLC residing at 00 /.124,5: 17owlm e 644 (Print property owner's name) (Mailing Address) /fes1ZV Ve do hereby authorize QAYZ,.D Z7AA1A1 VZ-Z / (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) ,0AW,7;Y WVZZJ " AGE , (Print Owner's Name) C RECEIVED Form NY-019 Power of Attorney,Statutory Short Form,Effective 9/12/2010 FIDELITY NATIONAL TITLE INSURANCE COMPANY CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY JUL 09 14 POWER OF ATTORNEY BOARD NEW YORK STATUTORY SHORT FORM OF gppEALS (a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the ''principal," you give the person whom you choose (your "Agent") authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your Agent similar authority. When your Agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. "Important information for the Agent" at the end of this document describes your Agent's responsibilities. Your Agent can act on your behalf only after signing the Power of Attorney before a notary public. You can request information from your Agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior Agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located. You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an Agent for acting improperly. Your Agent cannot make health care decisions for you. You may execute a "Health Care Proxy" to do this. The law governing Powers of Attorney is contained in the New York General Obligations Law, Article 5, Title 15. This law is available at a law library, or online through the New York State Senate or Assembly websites,www.senate.state.ny.us or www.assembly.state.ny.us. IF THERE IS ANYTHING ABOUT THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. (b)DESIGNATION OF AGENT(S): I, DAVID M. SCHIFF, residing at 8425 Nassau Point Road, Cutchogue,NY 11935,hereby appoint: name and address of principal DAVID JUDE JANNUZZI, ESQ., with offices at 13235 Main Road, Mattituck,NY 11971, as my Agent(s) name(s) and address(es) of AGENT(s) If you designate more than one agent above, they must act together unless you initial the statement below. ( ) My Agents may act SEPARATELY. (c) DESIGNATION OF SUCCESSOR AGENT(S): (OPTIONAL) If any Agent designated above is unable or unwilling to serve, I appoint as my successor Agent(S): name(s) and address(es) of successor Agent(s) Successor Agents designated above must act together unless you initial the statement below. ( ) My successor Agents may act SEPARATELY. YOU MAY PROVIDE FOR SPECIFIC SUCCESSION RULES IN THIS INSERT SPECIFIC SUCCESSION PROVISIONS HERE: E�t1Vt� iii,Lo 9 1014 (d) This Power of Attorney shall not be affected by my subsequent incapacity unless I have sated otherwise below,under "Modifications". BOARD OF APPEALSI (e) This Power of Attorney does not revoke any Powers of Attorney previously executed by me unless I have stated otherwise below, under "Modifications." If you do not intend to revoke your prior powers of attorney, and if you have granted the same authority in this Power of Attorney as you granted to another Agent in a prior Power of Attorney, each Agent can act separately unless you indicate under "modifications" that the Agents with the same authority are to act together. (f) GRANT OF AUTHORITY: To grant your Agent some or all of the authority below, either (1)Initial the bracket at each authority you grant, or (2) Write or type the letters for each authority you grant on the blank line at (P), and initial the bracket at (P). If you initial (P),you do not need to initial the other lines. I grant authority to my Agent(s) with respect to the following subjects as defined in sections 5-1502A through 5-1502N of the New York General Obligations Law: ( ) (A)real estate transactions; ( ) (J) benefits from governmental programs or civil or ( ) (B) chattel and goods transactions; military service; ( ) (C)bond, share, and commodity transactions; ( ) (K)health care billing and payment matters; ( ) (D)banking transactions; records, reports and statements; ( ) (E)business operating transactions; ( ) (L)retirement benefit transactions; ( ) (F) insurance transactions; ( ) (M)tax matters; ( ) (G) estate transactions; ( ) (N) all other matters; ( ) (H) claims and litigation; ( ) (0) full and unqualified authority to my Agent(S) ( ) (I) personal and family maintenance. IF YOU to delegate any or all of the foregoing powers to GRANT YOUR AGENT THIS AUTHORICY, any person or persons whom my Agent(s) select; IT WILL ALLOW THE AGENT TO MAKE( ) (P) EACH of the matters identified by the GIFTS THAT YOU CUSTOMARILY HAVE following letters A,B,D, E, F, M,N MADE TO INDIVIDUALS, INCLUDING THE You need not initial the other lines if you AGENT, AND CHARITABLE initial line(P). ORGANIZATIONS. THE AMOUNT OF ALL SUCH GIFTS IN ANY ONE CALENDAR YEAR CANNOT EXCEED FIVE HUNDRED DOLLARS; ' RECEIVED (g) MODIFICATIONS: (OPTIONAL) 9 MIA In this section, you may make additional provisions, including language trgppAuthority granted to your Agent. However, you cannot use this Modifications section t�or nydtir �ority to make gifts or changes to interests in your property. If you wish to grant your Agent such authority, you MUST complete the Statutory Gifts Rider. (h) CERTAIN GIFT TRANSACTIONS: STATUTORY GIFTS RIDER(OPTIONAL) In order to authorize your Agent to make gifts in excess of an annual total of$500 for all gifts described in (i) of the grant of authority. section of this document (under personal and family maintenance), you must initial the statement below and execute a Statutory Gifts Rider at the same time as this instrument. Initialing the statement below by itself does not authorize your Agent to make gifts. The preparation of the Statutory Gifts Rider should be supervised by a lawyer. ( ) (SGR) I grant my Agent authority to make gifts in accordance with the terms and conditions of the Statutory Gifts Rider that supplements this Statutory Power of Attorney. (i) DESIGNATION OF MONITOR(S): (OPTIONAL) IF YOU WISH TO APPOINT MONITOR(S), INITIAL AND FILL IN THE SECTION BELOW: ( ) I wish to designate , Whose address(es) is (are) , as monitor(s). Upon the request of the monitor(s), my Agent(s) must provide the monitor(s) with a copy of the Power of Attorney and a record of all transactions done or made on my behalf. Third parties holding records of such transactions shall provide the records to the monitor(s)upon request. 0) COMPENSATION OF AGENT(S): (OPTIONAL) Your Agent is entitled to be reimbursed from your assets for reasonable expenses incurred on your behalf. If you also wish your Agent(s) to be compensated from your assets for services rendered on your behalf, initial the statement below. If you wish to define "reasonable compensation", you may do so above, under "Modifications". ( ) My Agent(s) shall be entitled to reasonable compensation for services rendered. (k) ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party for any claims that may arise against the third party because of reliance on this Power of Attorney. I understand that any termination of this Power of Attorney, whether the result of my revocation of the Power of Attorney or otherwise, is not effective as to a third party until the third party has actual notice or knowledge of the termination. (1) TERMINATION: This Power of Attorney continues until I revoke it or it is terminated by my death or other event described in section 5-1511 of the General Obligations Law. Section 5-1511 of the General Obligations Law describes the manner in which you may revoke your Power of Attorney, and the events which terminate the Power of Attorney. RECEIVE® (m) SIGNATURE AND ACKNOWLEDGMENT: In Witness Whereof I have hereunto signed m name on 12 .� 2013. F APPEALS g y � BOARD 0 PRINCIPAL signs here: STATE OF NEW YORK, COUNTY OF } ss.: On the . ay of December in the year 2013 , before me, the undersigned,personally appeared DAVID M. SCHIFF, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Z:LZI Yom ndJJrtnmNUZZ1 SignAJANfew NotaryPubic,State 5kg5 No 02J60S �auntY ()uallfle clX�1res RECEIVED ;,110(n) IMPORTANT INFORMATION FOR THE AGENT: _ When you accept the authority granted under this Power of Attorney,I%Al ip is created between you and the principal. This relationship imposes on you legal WeA�o�nue until you resign or the Power of Attorney is terminated or revoked. You must: (1) act according to any instructions from the principal, or, where there are no instructions, in the principal's best interest; (2) avoid conflicts that would impair your ability to act in the principal's best interest; (3) keep the principal's property separate and distinct from any assets you own or control, unless otherwise permitted by law; (4) keep a record or all receipts, payments, and transactions conducted for the principal; and (5) disclose your identity as an Agent whenever you act for the principal by writing or printing the principal's name and signing your own name as "Agent" in either of the following manners: (Principal's Name) by (Your Signature) as Agent, or(your signature) as Agent for(Principal's Name). You may not use the principal's assets to benefit yourself or anyone else or make gifts to yourself or anyone else unless the principal has specifically granted you that authority in this document, which is either a Statutory Gifts Rider attached to a Statutory Short Form Power of Attorney or a Non-Statutory Power of Attorney. If you have that authority, you must act according to any instructions of the principal or, where there are no such instructions, in the principal's best interest. You may resign by giving written notice to the principal and to any co-Agent, successor Agent, monitor if one has been named in this document, or the principal's guardian if one has been appointed. If there is anything about this document or your responsibilities that you do not understand, you should seek legal advice. Liability of Agent: The meaning of the authority given to you is defined in New York's General Obligations Law, Article 5, Title 15. If it is found that you have violated the law or acted outside the authority granted to you in the Power of Attorney, you may be liable under the law for your violation. (o)AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT: It is not required that the principal and the Agent(s) sign at the same time, nor that multiple Agents sign at the same time. I/we, , have read the foregoing Power of Attorney. I am/we are the person(s) identified therein as Agent(s) for the principal named therein. I/we acknowledge my/our legal responsibilities. AGENT(s) sign(s) here: AGENT(s) sign(s) here: => STATE OF :A/ , COUNTY OF } ss.: S Q FF©IyC On the 2t� day of December in the year 2013 , before me, the undersigned,personally appeared David Jude Jannuzzi, Esq. ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. MAN Notary Public,StaState ANDREWS York No. 02A N5014509 No. Above and Affix Stamp Comm�ssioln ExpiresfO/15�u'2 � � AFFIDAVIT OFEFFECTIVENEss® RECEIVED {TO BE COMPLETEDBYAGENT(S)UPONDELIVERYOFTHIPOWER} STATE OF ,COUNTY OF j u l 0 9 1.01 A f (o1-1L'o residing at �3z ht'+� `�� 1 � � lJ� BOARD OF APPEALS (each) being duly sworn do(es) depose and say that I am (we are) the Agent(s) under the above Power of Attorney and that the Power of Attorney is in full force and effect. That(a) I/we do not have, at the time of the transaction, actual notice of the termination or revocation of the Power of attorney, or notice of arty facts indicating that the Power of Attorney has been terminated or revoked; (b)I/we do not have, at the time of the transaction, actual notice that the Power of Attorney has been modified in any way that would affect the ability of the Agent to authorize or engage in the transaction, or notice of any facts indicating that the Power of Attorney has been so modified,•and(c) ifI/we was/were named as successor Agent(s), the prior Agent(s)is no longer able or willing to serve. This affidavit if given for the purpose of the Agent executing a [describe documents that are executed] knowing that , will rely upon the representations made herein as inducement to accept such instruments) and this Power of attorney as evidence of my/our authority to act AGENT. . . . .. . . . .. . . . . . . . . . . .. Sworn to and Subscribed before me this 2A day of , 2,65)d BRIAN A. ANDREWS Notary Public,State Of New York No. 02AN5014509 Commissioned In Expires O%15�unt�� dla �,'�abb�oveaan�dAffi�x Stamp) STATUTORY POWER OF ATTORNEY District (Pursuant to General Obligations Law§5-1513) Title No. Section Block Lot County or Town TO RECORDED AT REQUEST OF FIDELITY NATIONAL TITLE INSURANCE COMPANY RETURN BYMAIL TO: FIDELITY NATIONAL TITLE AMM INSURANCE COMPANY Member New York State Land Title Association W �W> �U Ow WO a�. �O UI I a I TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT ACR jpR E O E UC 5 If IIC� N al 1 W�{~� t TYPE OF BUILDING B I'' r '/ rte OARD OFApprA RES. O N( I SEAS. VL. FARM COMM. 6. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Ab{ ✓ � -2W 2-(71 2c0e - 6 ewr.3810 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER ° Woodland FRONTAGE ON ROAD DEPTH House Plot BULKHEAD Total DOCK i % �- ■■■■■■i■■i■iiii■iii�■ii■��ii■� EM mom ■■iiltlai■iiii■iii�'iil�iii'�i�i■i■■■■■ �ry 4 f ■■ii■ii�liiiiiii�ii■■■ii■■�■� � � ■tet■■■■��■■■■■■■�■®�®�■■■■®®®� " ��■�■■iiiiiii■i■i■l�iii�e■1!®®� �■■mom ENN■■■i■■■i■■■■■■■■■■�■� MEN i■■■■■■■■■■■■■■E■■i■ME . . ■■■l..�..��!■www■■■■■�=-:�:�■■■�r■t■ ■■w���■■■■�■���■■■■■■■■moo■■■wsw■ww■ ■■t lii■■■■■■t i� w■■■w■w1�7■w■■�;�■■■w■ ■ ■ ■■■''�■■lllrili■■■■■■li�l �M■■■■■ ■L% riMiii ■■■■■■■■■■G-�I�■■■■■■■w■ [�l�!!l�rww�■w■■w■■■ww■w■■�.►i���■■■www■ FIE . . OEE�IEE Basement Ext. Walls ,, g, Interior Finish Fire Place ..•r• ` Woodstove C rt.M. s : MINE EENIEEEI�=� ININININE FIE� RECEIVED J, L 0 ID-7101522"018 -7-7'e Abstracters' Information Service BOARD OF APPEALS I 1 I I MARCUS AVENUE—SUITE MZ214 LAKE SUCCESS,MY.11042 PHONE(516)918-4600 PAX(516)918.4540 CE+RT1FICA,TF OF OCCUPANCY Prepared For:HAMLET TITLE AGENCY Title No.0858-HTA3000 DATE: 5/2/2013 PREMISES:3970 PRIVATE RD,EAST MARION TOWN OF SOUTHOLD COUNTY:SUFFOLK DISTRICT: 1000 SECTION:022,00 BLOC&03,00 LOT:004,000 SEC:022.00 BLOCK:03.00 LOT:004,000 PLEASE BE ADVISED THAT THE DEPARTMENT OF BUILDINGS WAS UNABLE TO LOCATE A CERTIFICATE.OF OCCUPANCY ON FILE FOR THE ABOVE PREMISES. TAX CLASSIFICATION#210-ONE FAMILY YEAR-ROUND RESIDENCE A ONE FAMILY DWELLING CONSTRUCTED FOR YEAR-ROUND OCCUPANCY(ADEQUATE INSULATION, HEATING,ETC.).INCLUDES DUPLEX ONE HALF OWNERSHIP AND ROW TYPE INDIVIDUALLY OWNED, TAX ASSESSORS RECORDS INDICATES THAT THIS ONE FAMILY DWELLING IS OF AN INDETERMINABLE AGE. THE TOWN OF SOUTHOLD BUILDING DEPARTMENT BEGAN ISSUING CERTIFICATES OF OCCUPANCIES IN 1957. E I . II � I i • i i IMPORTANT NOTICE ABOUT SEARCH INFORMATION ABOv i DATA TRACE INFORMATION SERVICES LLC DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON OR ENTITY FOR 111E PRO119R PERFORMANCE OF SERVICES RBFLEMO THE CONDITION OF TI'T'LE TO REAL PROPERTY.THE SERVICES ARE PROVIDED"AS IS"WITHOUT WARRANTY OF ANY KIND,EITHER WRESSED OR IIv1P12D, ' INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,OR WARRANTIES BASED ON COURSE OF DEALING OR USAGE IN TRADE OR ERRORS.OR OMISSIONS RESULTING FROM NEGLIGENCE THIS IS NOT AN INSURED SERVICE.THIS DISCLAIMER SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS,THE SERVICBS ARB EXCLUSIVELY FOR Henilal Title Agenoy AND NOT FOR TIME BENEFIT OF ANY THIRD PARTIES. Page 1 of I i i RECEI VEp SOUTHOLD BOARD OF APPEALS � M14 -- PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS BARD OF AY PE Z Y ALS REQUEST FOR VARIANCE FOR ACCESSORY STRUCTURE (POOL), POOL HOUSE, PERGOLA AND OUTDOOR SHOWER IN SIDE YARD : WINDSONG COVE LLC. 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. APPILALS BOARD MEMBERS • Q�SOUL . Ma_ ili11g Address: Ruth D.Oliva,Chairwoman �oy�� yDo,,, � Southold Town Hall 53095 Main Road-P.O.Box 1179 Gerard P.Gcehringer #t Southold,NY 11971-0959 James Dinizio,Jr. v+ Office Location: Michael A. Simon OQTown Annex/First Floor,North Fork Bank Leslie Kanes Weisman �'�CO54375 Main Road(at Youngs Avenue) ECEiv ED Southold,NY 11971 1 R 1-11� http://southoldtown.northfork.net L AIV 701 ZONING BOARD OF APPEALS RECEIVED �� TOWN OF SOUTHOLD ARD OF APPEALS Tel.(631)765-1809-Fax(631)765-9064 A 1 2 '`� BO tP iSohot t FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 2006 ?104r1V&d1 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 FACTSIDESCRIPTION: 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 f RECEIVED B File No. 5974-Zaharia Papaeadou CTM No. 22-3-8.1 f_ 1 M4 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 267-13, motion was offered by Member Simon, seconded by Member Dinizio, and duly carded;to GRANT the variance as applied for as shown on plot plan prepared by Howard W.Young, Land Surveyor,dated 6/23/06,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 nonconforrnitles 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). a, Approved for Filing BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF so Southold 53095 Main Road-P.O.Box 1179 �O �D Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer N Town Annex/First Floor,Capital One Bank George Homing �! �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider Southold,NY 11971 bttp://southoldtown.northfork.net RECEIVED �,� ZONING BOARD OF APPEALS RE E1 ED 3 y TOWN OF SOUTHOLD ,IUl 0 9 1014 Tel.(631)765-1809-Fax(631)765-9064 AP 2 5 I4 ; D OF APPEAt�INGS .hoT�qnCe l BOAR ,DELIBERATIONS AND DETERMINATION S ld 0e fr .................. ... ... . 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 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 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 R-40 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 REOUESTED: 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. -- RECEIVED Page 2 of 4—April 17,2014 Jut, 0.4 ZBA#6726—Amabile SCCM#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 electricservicewere already located inthe 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 5267-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 RECEIVED Page 3 of 4—April 17,2014 �[ ( 2014 ZBAN6726-Amebile SCrM#1000.22.2-1 77(„ BOARD pFed't P€da 7`"' the reasons stated the variances granted are needed in order to construct a swimming pool and a re-design a s LS 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 4267-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 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 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-B, 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.07,2014, 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 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 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. RECEIVED Page 4 of 4—April 17,2014 J U L 0 92014 ZBA86726—Amabile4PE'1(0 -1 sCTMS1000-22-2-1 BOARD OF ALS Vote of the Board: Ayes: Members Weisman(Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). 2 L &&e6dt, Leslie Kanes Weismaq,Chairperson Approved for filing' ka/ /2014 ............ ......................... BOARD MEMBERS Ov 801 Southold Town Hall Leslie Kanes Weisman,Chairperson �� /y� 53095 Main Road-P.O. Box 1179 h0 �p Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer % Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider S aW..NY 11971 RECEIVED � y SEE a-5- ZONING http://southoldtown.northfork.netW 3 .W ZONING BOARD OF APPEALS APV2 5 2011 TOWN OF SOUTHOLD Q� BOARD OF p,PPEALS Tel.(631)765-1809-Fax(631)765-9064 SOVthI id Town Clerk 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 II 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 REQUESTED: The applicant proposes to construct an in-ground swimming pool in the side yard where the code requires a rear yard location. ADITIONAL INFORMATIQN: 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 6267-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)(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 property has an average depth of+/-107 feet,and due REC IVED - Page 2-April 20.2011 � ZBA File#6459-Orho l,s!�. 9 ?014 CTM: 1000-22-2-19 to the location of the house on the property, with its conforming front yard setback, but non-cBQWQ fO ARPEALS 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 6267-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)(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. 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 5267-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 Weisman Chairperson Approved for filing �/ /2011 --- - -- • -- RECEIVED Vic. JUL 09 ? 14 Office Location: �0� SQ(/ry Mailing,,Address: BOARD OF APPEALS Town Annex/First Floor,Capital One Bank 4141 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • Southold,NY 11971-0959 RECE VED http://southoldtown.northfork.net BOARD OF APPEALS MA 2 5 2010 TOWN OF SOUTHOLD Tel.(631)765-1809 Fax(631)765-9064 ScWthold Town Cie 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 II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 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 .tune 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 drywelis 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, Page 2—March 16,2010 RECEIVEDS ZBA File#6295—Betancourt. iJ CTM: 1000-22-2-6 at 1825 Aquaview Ave.,(adj.Long Island Sound)East Marion JUIL 11 9 7C�:a 2009 Notice of Disapproval concerning proposed additions and alterations to an existing single family dwelling dwelling and construction of an accessory in-ground swimming pool at: (1) less tha�T f,.(�¢EALS front yard setback of 40 feet, (2) less than the code required minimum side and set 5 ee 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 proposedswimmingpool androofoverhang 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 2/25/10, 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(31(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 RECEIVED Page 3—March 16,2010 d� '7� ZBA Filc#6295—Betancourt. JUL. 0 9 CTM: 1000-22-2-6 at 1825 Aquaview Are.,(adj.long Island Sound)East Marr nn,,qq� Town Law 4267-b(31(b)(2) The benefit sought by the applicant cannot be IA�Q QFs&RPaF 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 &267-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 42674b(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 4267-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. RECEIVt7� n )� 0 9 2014 J�.L Page 4—March 16,2010 ZBAFilc#6245—Betancourt BOARD OF APPEALS CTM:1000.22-2-6 at 1825 Aquavicw Ave.,(adj.Long Island Sound)East Marion 6. No heavy equipment shall be used in the rear yard (seaward side) of this dwelling during the construction, only smaller rubber tire excavation equipment can be used. 7. Adherence to the letter Dated February 11, 2010, by Garrett Strand, Architect regarding specific 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 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. ................................ Vote of the Board: Ayes: Members_Goehringer, Schneider, Weisman (Chairperson). Member Dinizio abstained. Absent was. Member Homing This Re sol tion was duly adopted (3-0). t_ 'lie Kanei Weisman, Ch irperson Approved for filing /2010 RE EIVED + 4ZLoA X-q3 MAR 5 2010 a So aId Town tfe 0 0 Office Location: *of SO(/j�,Olo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) 411 P.O. Box 1179 Southold,NY 11971 G, • Southold,NY 11971-0959 cOUNS`(,� 'T RECEIVETV http://southoldtown.northfork.net A BOARD OF APPEALS RE EIVE TOWN OF SOUTHOLD QV BOARD OF APPEA4v (631)765-1809 Fax(631)765-90647.1 5 2010 a FINDINGS, DELIBERATIONS AND DETERMINATI :cfj Town ale 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 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 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 1 z' (1 914 P 2—March 12010 � Page 6, ZBA FileS6323—Steve and Olga Tenedios CTM: 1000-23-1-14.10 at 17327 Main Rd..East Marion BOARD 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. ANS-ENDED 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 tothesouth 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 2/18/10. 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 11110 ZBA Filek6323—Steve and Olga Tenedios J U L 0 9 Y214 CTM: 1000-23-1-14.10 at 17327 Main Rd.,East Marion RRnn n �Q' 3. Town Law 4267-b(3)(b)(3). The variances requested, if granted, are very substa tial Q�e�opt requests a 49% +/- 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(3Nb)(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(,Mb)(5). 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. 6. 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 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 267-8, 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 Homing) 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 RECEIVED Page 4-March 16,2010 ZBAFile#6323-Steve and OlgaTenedios OF APPEALS CTM: 1000-23-1-14.10 at 17327 Main Rd.,East Marion BOARD lies almost entirely within a Coastal Erosion Hazard and Flood 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-b(3)(b)(41 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)(5). 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 267-8, 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 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. Page 5—March 16,2010 RECEIVED `{� -7_ ZBA Fileg6323—Steve and Olga Tcnedios 4v CTM:1000-23-1-14.10 at 17327 Main Rd.,East Marion 'U1.. 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IZA Mala 12.IA �"'"� --- �OrrL:+ --✓-- w.a.rv-L.w--v+N-- wsAANCE I'WIZv}OE" REN PROPERTY TA%SERNCE gGENCY p YO pSTRICT NO �OQQ PROPERTY MAP CONVERSION PATE Dec 10,1012 / r i a .d• 1 r T ir .l` .� .;: �-#isIM — 4 ' �� �'£� .',�,�x�-� •~ .J's, f r ti�,� 1'-.� �� xd'. .1•� qhf�r�:, 'Or. - 1 r 1 NANO X 00V6, C c$yc LLC � /Q L d ok/I✓!� �iUs'T 1-7 cn er r t ..li..7.,f. ly (4) COPE I-GC 1/y/14 LOO,"NG N� + + N•4 r r Lk �`���r '-+ r Vol / a IN .inf:L.r' � � :. �is yyc'yL.tyT'�R`x,cr7"' t rd. '�._ �.. • � -nw.- Jx, SJ 7 tW� A Fg—t— tyre . r.; • _ `er r� 'r Town Hall,53095 Main Road ELIZABETH A.NEVILLE,MMC TOWN CLERK o= P.O.Box 1179 H 2 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS O .F Fax(631)765-6145 MARRIAGE OFFICER y Q Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �� `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: July 15, 2014 RE: Zoning Appeal No. 6776 Transmitted herewith is Zoning Appeals No. 6776 of David Jannuzzi for Windsone Cove, 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 Amended June 26, 2014, Google Map of Property, Authorization Letter from Windsong Cove, LLC to David Jannuzzi to Represent them in this Matter, Six Pages of Power of attorney from David M. Schiff to David Jude Jannuzzi, Two Pages of Property Record Card, Certificate of Occupancy Title No. 0858- HTA3000, List of Prior Findings & Determinations from ZBA, Two Pages of Findings& Determination from ZBA No. 5974 Dated December 14, 2006, Four Pages of Findings& Determination from ZBA No. 6726 Dated April 17, 2014, Two Pages of Findings& Determination from ZBA No. 6459 Dated April 20, 2011,Four Pages of Findings& Determination from ZBA No. 6294 Dated March 16, 2010, Five Pages of Findings& Determination from ZBA No. 6323 Dated March 16, 2010, Two Pages of Tax Maps Showing Where ZBA Determinations were, Three Pages of Photos of Property, Floor Plans for Building Dated September 2012 Prepared by LPA Architects, LLP, Site Plans for Property Dated September 2012 Prepared by LPA Architects, LLP, Survey Showing Existing & Proposed Construction Dated May 13, 2013 Prepared by Nathan Taft Corwin III. * * * RECEIPT * * * Date: 07/15/14 Receipt#: 174918 Quantity Transactions Reference Subtotal 1 Public Events 6776 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#3976 $250.00 Jannuzzi, David Jude Name: Jannuzzi, David Jude 13235 Main Rd Mattituck, NY 11952 Clerk ID: CAROLH Internal ID:6776 * * * RECEIPT Date: 07/15/14 Receipt#: 174919 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6776A $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#3975 $1,500.00 Jannuzzi, David Jude Name: Jannuzzi, David Jude 13235 Main Rd Mattituck, NY 11952 Clerk ID: CAROLH Internal ID:6776A BOARD MEMBERS . Southold Town Hall Leslie Kanes Weisman,Chairperson *�f $O(/ryQlO 53095 Main Road-P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 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��(,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MEMO Date: August 22, 2014 To: Jamie Richter, Engineering Dept. Re: ZBA Appl#6776, Windsong Cove, LLC (Private Road) Jamie— The Zoning board members are requesting an evaluation of Private Road#1 located in East Marion. Attached is the site plan. If you require further documents or have questions please call the office. Thank you. 67L Sakarellos, Elizabeth RFCF-T f=ri From: Charles Cuddy <Charles.Cuddy@Verizon.Net> Sent: Thursday, August 07, 2014 11:37 AM AUG To: Sakarellos, Elizabeth BOARD OF APPEALS Windsong Cove, LLC Attachments: Cove Beach New Right of Way (2)jpg;Zoning Board 8.7.14.pdf Please see attached. Would you kindly deliver this to the Zoning Board before the meeting which is at 1:00 PM today. Charles R. Cuddy Attorney at Law 445 Grilling Avenue Riverhead, New York 11901 631-369-8200 631-369-9080 fax Charles.cuddy@verizon.net Attention: This e-mail contains privileged and confidential information intended only for the use of the individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at 631-369-8200 or notify us by e-mail at charles.cud dy(averizon.net. Thank you. RECEIVE® /AUG 7 ";Iqr BOARD OF APPEALS i RFCEIVED CHARLES R.CUDDY ATTORNEY AT LAW 'CARD r)F APIDEALS 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 August 7, 2014 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net Zoning Board of Appeals RECEIVED Town P.O. Box 1179 Southold, NY 11971 Re: Windsong Cove, LLC #6776 BOARD OFAPPEALS Dear Board Members: I represent Raoul Witteveen, who through Quanah Point Corp. , years ago, purchased the subdivided lot immediately to the east of the Windsong Cove, LLC parcel which is the subject of the hearing before your Board today. Mr. Witteveen is also the principal of Cove Beach Estates, as well as, another parcel adjoining the subject premises on the east. The Cove Beach Subdivision, with Peconic Land Trust, preserved nearly two- thirds of the 100 acre site. It includes private roads approved by the Town Planning Board and, in connection with a Homeowners Association, approved by the New York State Attorney General's Office. Yesterday afternoon Mr. Witteveen contacted my office. He is very concerned about the application before you. Unfortunately, he cannot appear as he is ..in the Netherlands . Members of his family were on the Malaysian Airlines plane shot down over Ukraine and he is awaiting return of their remains. Because of prior commitments I cannot appear at your scheduled hearing. Mr. Witteveen objects to the swimming pool and the accessory structures being located in the side yard within forty one feet of the Quanah Point lot, instead of in the rear yard. His concern is greatly heightened by the Windsong Cove Owners making use of the Cove Beach private road network to access his lot, without any permission whatsoever. Even the brush buffer between the parcels has been removed (pasture attached) . This conduct does not bode well for future use of the Windsong site. There are alternatives. This is a self created situation. The side yard variance should be denied. Very truly yours, a,1141+� Charles R. Cuddy CRC:dmc c: David Januzzi, Esq. � 4 ,r� �, a .� {R�Ci ��/.•�• i', '17'x' ��. ,* : }.iY > • !� -'�T, d�, I yid' �5 1•' }' 1_it' TTT Y i T� J �y�_ _ �";••f f ; or JI dW � A ,'t `•IIA }J`' � i i � j•IT,•� •as•r''�, •��•. �••• +E;!/ � � I '! •ra� • 1,r�'•�C'. �� -�� ` .• ,� �11 � . .- ...per +�r• �• a f4 a• " ,�r , l 4 �'-- BOARD MEMBERS • �QF $ • Southold Town Hall Leslie Kanes Weisman,Chairperson O �(/ryl 53095 Main Road•P.O.Box 1179 � � Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing '�c� iO 54375 Main Road(at Youngs Avenue) Kenneth Schneider ly'00UNN Nc� 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, AUGUST 7, 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. AUGUST 7, 2014: 1:15P.M. - WINDSONG COVE. LLC. #6776 - Request for Variance from Article III Section 280-15 and Section 280-105C3 the Building Inspector's May 30, 2014, Amended June 26, 2014 Notice of Disapproval based on an application for building permit to construct accessory pool house, pergola, in-ground pool and deer fence, at; 1) accessory pool house, pergola, in-ground pool in location other than the code required rear yard, 2) 8' deer fence proposed in location other than side and rear yard, located at: 3770 Private Road #1(adj. to Long Island Sound) East Marion, NY. SCTM#1000-22-3-4. 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(a)Town.Southold.ny.us Dated: July 14, 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 • 0 4-- 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, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 14 , 2014 Re : Town Code Chapter 55 -Public Notices for Thursday, August 7, 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 July 21St: 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 July 28th: 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 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 5, 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. y TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK W 1 NDS 1� Q),1G LL-G AFFIDAVIT OF In the Matter of the Application of MAILINGS WINDSONG COVE, LLC. (Name of Applicants) SCTM Parcel# 10007 022.00-03.00-004.000 COUNTY OF SUFFOLK STATE OF NEW YORK I, Maximillian Schwarz, residing at 13235 Main Road, Mattituck, NY New York, being duly sworn, deposes and says that: On the 22nd day of July , 20 14 I personally mailed at the United States Post Office in Mattituck, ,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 (x ) 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. 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Received by(Printed e) C: Date of Delivery �=a N Q O a a ■ Attach this card to the back of the mal1piece, ■ ■ 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 Qv pc);n+ P eve&A (� 3. Ice Type 1 I 0, �� �'.� `� Rf ertitied Mail ❑f�tpress Mail c n� ❑Registered Iff Return Receipt for Merchandise 0 U J�rl Ad/ NY, 'w �6 ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7 014 0150 0001 2901 7 213 Ps Fare,3811,February 2004 Domestic Return Receipt 102595-02-M-1540 English Customer Service USPSMontle #tbghtM r Sipe)n Search USPS.com or Track Packages atllt`Jt Tools SNP a P Map Ma Yow Mail 3 ss SalulWm 1 �✓ L TM Customer Service Pa C k I n Have questions?We're here to help. E : ITracking Number.70140150000129017220 j Expected Delivery Cray:Tuesday,July 29,2014 Product & Tracking Information Available Actions Postal.Product: I' Features: First-Class Mail® Certified Mail'" Return Receipt Text Updates i5ATE 8 TWE STATUS OF ITEM LMAT'ION Email Updates dunr 29,2014,11:26 am Delivered MATTITUCK,NY 11952 Y*ur Re.,e was"�livcr�d at 11 26 an7 On July 9, 2014 .<MA !Ff UCK,NY 161952, 1 ' July29,2014,7:59 am Available for Pickup MATTITUCK,NY 11952 I July 29,2014,2:35 am Departed USPS Facility MELVILLE,NY 11747 July 28,2014,3:24 pm, Arrived at USPS Facility MELVILLE,NY 11747 ai July 27,2014,' 8:18 pm Departed USPS Facility ;, NEW YORK,NY 10199 Jul 24,2014,2:02 pm Undeliverable as Addressed NEW YORK,NY 10011 July 24,2014,9:43 am out for DeliveryNEW YORK,NY 10011 E duly 24,2014,,9:33 am Sorting Complete NEW YORK,NY 10011 July 24,2014,15:08 am Arrived at Unit NEW YORK,NY 10011 July 23,2014,8:23 am Arrived at USPS Facility NEW YORK,NY 10199 1q I duly 23,2014,1:40 am Departed USPS Facility MELVILLE,NY 11747 i July 22,2014.9:58 prn Arrived at USPS Facility MELVILLE,NY 11747 ,i _y 22.2014:,5:03 pm Departed Post Office MATTITUCK,NY 11952 .tiny 22,2014,3:50 pm Acceptance MATTITUCK,NY 41952 _. .... w ... . . Track Another Package F IAhtaNa your tracking(or,mcetpt)number? Track It ': LAW OFFICE OF U.S. POSTAIGEi DAVID JUDE JANNUZZI MATTITUCK,IY- 13235 MAIN ROAD•P.O.BOX 1672 1 1 JUL 222,, i1q S Amor MATTITUCK,NEWYORK 11952 POSTAL SERVICE Illll l 11 1111 it 11 111 ?014 0150 0001 2921 7220 1000 .-7.! 100, 0o0s?0iz-o7 LC 1 - r� f Y 4D NTXIS 108 DE 1009 00182X26 14 RETURN TO SENDER j ATTEMPTED — NOT KNOWN UNABLE TO FORWARD BC: 11952 190472 *0202-09019-22-43 2 2 04 11if111l���lillllll�'111fI111111f1fff11�1111�1a Illi}1191��141 3� E COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 11 Complete items 1,2,and 3.Also complete A. Signature a item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we carr Yetum the Card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this can:Lto the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 11 Yes 1. 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Article Number E (Tirncfer from service label) 7 014 0150 0001 2901 7220 Ps Form 3811,February 2004 Domestic Return Receipt 1025'95-024A-IM TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK l,Ji n�1�so1�C� SoNC� 1��� AFFIDAVIT OF In the Matter of the Application of POSTING (Nam of Applican(s) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1009- I - 3 -'7 COUNTY OF SUFFOLK) STATE OF NEW YORK) mac, I, a ,�., �4residing at (/ �� ,New York, being duly sworn, depose and say that: On the day of , 201'/, I personally placed the Town's Official Poster, with the date of h ring and nature ofmyapplication 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 o (Signature) Sworn to before me this �Sv�` , 201 Day of A L( BRIAN A. ANDREWS 4/�-,�, --11 Notary Public, State Of New York No. 02AN5014509 ar Qualified In Suffolk County y Public) Commission Expires 07/15/Z2L� * near the entrance or driveway entrance of my property, as the area most visible to passerby. � 9 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : WINDSONG COVE , LLC # 6776 SCTM # : 1 000-22-3-4 *VARIANCEE LOCATION REQUEST: CONSTRUCT POOL HOUSE , PERGOLA, IN-GROUND POOL & DEER FENCE DATE : THURS . AUG . 7 , 2014 1 : 15 PM f you are interested in this project, you may review the file(s) prior to the Baring during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 • • .� #11808 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 31St day of July, 2014. LEGAL NOTICL: M SOUT14OLD TOWN ZONING BOARD OF APPEALS Principal Clerk THURSDAY AUGUST 7,2014 p PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the. fol- 1 lowing public hearings will be held by �p the SOUTHOLD TOWN ZONING a 10e4otA M-ANDREW KEATING day O BOARD OF APPEALS at the Town d COLLEEN SHARP #6777 - Re- Hall,53095 Main Road,PO.Box 1179, quest for Variance from Article XXIII Southold, New York 11971-0959, on Code Section 280-124 and the Build- THURSDAY AUGUST 7,201 . ing Inspector's June 3, 2014 Notice 9:30 A.M. KAROL FILIPKOWS- of Disapproval based on an applica- KI#6748SE—(adj.from PH 7/10/2014) tion for building permit to construct 0��1:30 P.M. - ALEXANDER KOFI- Applicant request a Special Exception accessory garage, at: 1) less than the CHRISTINA VOL NAS:AS TRUSTEE#6774 - Request under Article IX Section 280-4111(2). code required front yard setback (for NOTARY PUBLIC-STATE ( for Variances from Article XXII Sec- The Applicant is the owner reque waterfront property) of 35 feet, lo- tion 280-116 and Article III Section ing authorization to operate a con- cated at:700 Ruch Lane (adj. to Ar- No. 01 VOb 10: 280-15 & 15B and the Building In. tractors' yard. Location of Property: shamomoque Pond) Southold, NY. G1u011fled in SuffUll spector's June 10,2014 Notice of Dis- 41250 County Road 48 (aka North SCTM#1000-52-2-28.1 My Commi«.­ V,._,--. -eb approval based on an application for Road and Middle Road)Southold,NY. 10:50 A M - NORTH FORK IN- 11.30 A M - KIMOGEtj building permit to re-build a single SCTM#1000-59-10-5 VESTORS LLC,_#677� - Request for POINTINC (Brennan) #)_ 6571 - Re- family dwelling with pool surround, 9.45 A M - MICHAEL RANSONN Variance from Article IV Section 280- quest for Variance from Article XXIII cabana and legalize an"as built"stor- 16753 — (adj. from July 10,2014 PH) 18 (Bulk Schedule) and the Building Code Section 280-123 and the Build- age building with deck,at;1)less than Request for Variance from Article Inspector's June 25, 2014 Notice of ing Inspector's June 5,2014 Notice of the code required bulkhead setback of XXII Section 280-116B and the Build- Disapproval based on an application Disapproval based on an application 75 feet for all structures,2)"as built" ing Inspector's March 17,2014 Notice for building permit for additions and for building permit for demolition and storage building and deck at less than of Disapproval based on an applica- alterations to existing single family construction of a new single family the code required rear yard setback of tion for building permit for"as built" dwelling,at;1)less than code required dwelling at;1) a nonconforming build- 15 feet,3)accessory pool cabana pro- accessory structures(shed/deck),at;l) single side yard setback of 15 feet,lo- ing containing a nonconforming use posed in location other than the code less than the code required bulkhead cated at:3475 Wunneweta Road (cor- shall not be enlarged, reconstructed, required rear yard, located at: 805 setback of 75 feet, located at: 8740 ner Little Peconic Bay) Cutchogue, structurally altered or moved, unless West Road(adj. to Peconic Bay) Cu- Peconic Bay Boulevard(adj.to Great NY.SCTM#1000-111-8-17 such building is changed to a con- tchogue,NY.SCTM#1000-110-7-4 Peconic Bay)Laurel,NY.SCTM#1000- 11.00 A M - SPENCER DRAY- forming use.The existing cottage is a The Board of Appeals will hear all 126-5-2.1 TON #6772 - Request for Variances non-conforming building with a non- persons or their representatives,desir- 10.00 A M -THOMAS and KATH- from Article XXIII Section 280-124 conforming use,located at,50 Jackson ing to be heard at each hearing,and/or LEEN BURKE #6763 — (Adj. from and the Building Inspector's June 28, Street (Adj. to Great Peconic Bay) desiring to submit written statements PH July 10,2014) Applicant requests 2013,renewed May 23,2014,updated New Suffolk,NY. SCTM#1000-116-6- before the conclusion of each hear- a Special Exception under Article I1I, July 9, 2014 Notice of Disapproval 24.1(Cottage#4) ing. Each hearing will not start earlier Section 280-13B(13).The Applicant is based on an application for building I:15 PM - yMWSONG COVE, than designated above. Files are avail- the owner requesting authorization to permit for additions and alterations LL 776-Request for Variance from able for review during regular busi- establish an Accessory Apartment in to an existing single family dwelling, Article III Section 280-1.5 and Section ness hours and prior to the day of the an accessory structure,located at:1570 at;1)less than the code required front 280-10503 the Building Inspector's May hearing. If you have questions,please Bray Avenue (corner Fourth Street) yard setback of 40 feet,2)less than the 30,2014,Amended June 26,2014 Notice contact our office at,(631)765-1809,or Laurel,NY.SCTM#1000-126-7-26.1 code required side yard setback of 15 of Disapproval based on an application by email: Vicki.TbthC&Town.Southold. 10.20 A M -WALTER BELANCIC feel,located at:1120 Jacksons Landing, for building permit to construct acces- ny.us. #6769-Request for Variance from Ar- Mattituck,NY.SCTM#1000-113-6-1 sory pool house, pergola, in-ground Dated:July 14,2014 ticle III Section 280-15 and the Build- 11.15 A M - SHOWALTER pool and deer fence, at. 1) accessory ZONING BOARD OF APPEALS ing Inspector's May 29,2014 Notice of FARMS LLC. #6778 - Request for LESLIE KANES WEISMAN, Disapproval based on an application Special Exception under Article f11, pool house,pergola,i e code pool in CHAIRPERSON for buildingpermit for "as built" ac location other than the code required BY:Vicki Toth p Section 280-1.3B(]2) for equestrian rear yard,2)8'deer fence proposed in cessory shed, at; location other than stables and riding academy,located at: 54375 Main Road Office Location location other than side and rear yard, 53095 Main Road Mallin /USPS) the code required rear yard,located at: 18625 Main Road(aka NYS Route 25) located at:3770 Private Road#1(adj.to ( g ) 500 Hill Road(Midfarm Road)South- Mattituck, NY. SCTM#1000-108-4-1.3P.O.Box 1179 Long Island Sound) East'Mariou,NY. Southold,NY 1 1 971-0959 old,NY.SCTM#1000-70-4-35 &1.4 ZCTM41 noo-22-3-4 110110 ,T �, ' Office Location: ��0f $Q(��yO Mailing Address: O Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 CA Southold,NY 119710 Southold,NY 11971-0959 i http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 July 14, 2014 {{�� pp ECr V zo�� Mark Terry, Principal Planner LJUL 4 LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #6776 WINDSONG COVE, LLC 1000-22-3-4 Dear Mark: We have received an application for construction of a pool house, pergola, in-ground swimming pool and deer fencing. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Wpsman Chairp 2% ,A By: • 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 GAO • Q Southold,NY 11971-0959 i �y&OLMM I http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 July 14, 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 # 6776 Owner/Applicant : WINDSONG COVE, LLC Action Requested: Construct pool house, pergola, in-ground swimming pool & deer fencing. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA ai ers n By: +A, — Encls. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 14, 2014 7 ?(p Zoning Board of Appeals RECEIVED Town of Southold P.O. Box 1179 AH Southold, NY 11971 BOARD OF APPEALS Re: Windsong Cove, LLC #6776 Dear Board Members : It is my understanding that the principal of Windsong Cove, LLC has asserted a right to use the private road system at Cove Beach Estates. This claim is apparently a convenient fiction to justify the unauthorized use of Cove Beach roads to assist contractors constructing a house at the Windsong Cove site. Access to the Windsong site is via an easement from Kayleigh' s Court, used by his predecessor and set forth in the deed conveying the site (copy attached) to Windsong Cove, LLC. Cove Beach Estates consists of ten (10) residential lots along Long Island Sound together with two (2) additional preserved lots totaling 63 acres with covenants running to the Peconic Land Trust. To protect the integrity of the site, the principal, Raoul Witteveen, purchased five additional subdivided lots shown on the tax map, the most westerly lot bordering the Windsong premises (Mr. Witteveen' s Ocean Point Development Corp. owns the 12 acre lot bordering the remaining section of the Windsong site) . The private Cove Beach road extends to the ten (10) residential Cove Beach lots, the five (5) additional lots, the Ocean Point lot and not beyond. A special request to the Attorney General' s office resulted in the extension to the five (5)westerly lots which originally had a separate easement to the Main Road. No lot other than the Cove Beach Estates lots and those purchased by Mr. Witteveen' s other entities has a right to traverse the Cove Beach roads. Enclosed is a copy of the Cove Beach Road Maintenance Declaration recorded with the Suffolk County Clerk. Also, enclosed is a tax map showing the easement from Kayleigh' s Court to the Windsong lot and the lots serviced by the Cove Beach roads . There is no basis for David Schiff or Windsong Cove, LLC to assert a right to use the Cove Beach Estates Roads. Very truly yours, (?A, , Charles R. Cuddy CRC/pc � as - - RECORDED Number of pages 2013 Jul 23 04:43:10 PI1 RECEIVED JUDITH A. PASCALE CLERK OF , This document will be public SUFFOLK. COUNTS record.Please remove all L D00012737F 654 BARD Social SecurityNumbers OF APPEALS DT# 12-28755 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. or EA-52 17(County) � Sub Total Spec. /Add. EA-5217(State) ) TOT.MTG.TAX Dual Town al County _ R.P.T.S.A. Held for Appoint e Comm.of Ed. 5. 00 b ransfer Ta Gtti� Affidavit �' Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total Other YES or NO _ Grand Total�� If NO,see appropriate tax clause on e bX page# ofthis instroentt 0 1 0-1 4 s95 13018763 1000 02200 0300 004000 5 Community Preservation Fund PTS III�Inll �l �u� l� Real Property R DHO A Consideration Amount$ , L GYJ• 000 Tax Service t7.lUL-13 Agency CPF T x Due $ Z19 t"00 Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved .� RECORD&RETURN TO: Vacant Land GWr0� Qn0UIZ,i�� f-1.9 ' TD /O a 3 S Main Q4¢<D�' TD t U a— TD gJAvt> , r Nq ll45c�' Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name LAkMI —� www.suffolkcountyny.gov/clerk Title# 3000 81 Suffolk County Recordin & Endorsement Page This page forms part of the attached N to made 4by: (SPECIFY TYPE OF INSTRUMENT) Q, ( t S V VA4 The premises herein is situated in SUFFOLK COUNTY,NEW YORK.LL1p� aA6 TO / In the TOWN of suo+ d i'`QOM �`-ti� In the VILLAGE Q or HAMLET of _ 1A 1 0"r.i 0 I1 BOXES 6 THRU 8 MUST BETYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE,made thao(O day of 2013, between Patricia Desylva Garvey,residing at 3770 Private Road,East Marion,NY 11939 party of the first part, Windsong Cove,LLC,located at ('t i 3 a 3 5 t 4i tti OA�� QJp[ TtC� , A.11 ng I arty of the second part, ` WITNESSETH,that the party of the first pan,in consideration of TEN DOLLARS($10.00), lawful money of the United States,paid by the party of the second part,does hereby grant and (� //��,��',)o release unto the party of the second part,the heirs or successors and assigns of the party of the RECEIVED �U second part forever, SEE ATTACHED SCHEDULE"A" 3:G3 •CU6 BOAR©OFAPPEAtS L C -I'CXR BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 09/27/2000 and recorded on 10/31/2000 in Liber 12081,Page 596. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. Patricia Desylva Ga cy J State of New York County of Suffolk ,ss: On the 9 day of June, in the year 2013, before me the undersigned, personally appeared Patricia Desylva Garvey personally known to me or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity(s), and that by his/her signature on the instrument, the individual or the person upon behalf of which the individual(s)acted,executed the instrumen � \� I THgoMA LAponre NOTARY PUBLIC Id0t«9 Pdjk.8M 9f""Yak 1 REC EIVED BOARD OF,gppEALS Schedule A Description Title Number HTA-3000-S Page 1 ! ALL that certain plot, place or parcel of land,situate,lying and being at East Marion,Town of Southold, County of Suffolk and State of New York,and I bounded and described as follows: BEGINNING at a concrete monument at the southeasterly corner of the premises herein described,said monument marking the southwesterly corner of land of George M.Tisdale and the northerly boundary line of land of Edwin.H. King,and running thence along said land of Edwin H.King,2 courses as follows: (1)South 75 degrees 12 minutes 50 seconds West 237.57 feet to a concrete monument;thence (2)South 69 degrees 52 minutes 30 seconds West 90.75 feet to other land of the party known as D&D Trenching Corp.(party of the first part in deed of conveyance to Arlindo Guimaraes dated 915151)thence along said other land of D&D Trenching Corp. North 11 degrees 19 minutes 50 seconds West 1450 feet, more or less to the ordinary high water mark of Long Island Sound;thence easterly along said ordinary high water mark of Long Island Sound,330 feet, more or less,to said land of George M.Tisdale,thence along said land of George M.Tisdale,South 11 degrees 26 minutes East 1450 feet,more or less, to the point of beginning. Containing 10.8 acres,more or less. i SUBJECT to a right of way 10 feet in width from the premises on the west the southerly line of said 10 foot right of way beginning at the southwesterly corner of i the premises herein above descibed and running thence 2 courses as follows: 1 (1)North 69 degrees 52 minutes 30 seconds East 90.76 feet;thence i (2)North 75 degrees 12 minutes 30 seconds East 88.17 feet of the westerly line of an existing right of way running southerly to the Main Road,and extending across said existing right of way to the Main Road to its easterly line. TOGETHER with an easement In favor of the owner of the above described premises to draw water for drinking purposes from the well now on the premises, immediately adjoining the above described premises to the west and conveyed i by D&D Trenching corp.to Phillip DeNicola by deed dated 915151. TOGETHER with a right of way in common with others for ingress and egress I over and along a strip of land as said right of way is described in deeds recorded In Liber 3070 cp 48 and Liber 3070 cp 51,in the Suffolk County Clerk's Office. I 1 Schedule A Description ! Title Number HTA-3000-S Page 1 ALL that certain plot, place or parcel of land,situate,lying and being at East Marion,Town of Southold, County of Suffolk and State of New York,and I bounded and described as follows: BEGINNING at a concrete monument at the southeasterly corner of the premises herein described,said monument marking the southwesterly corner of ; land of George M.Tisdale and the northerly boundary line of land of Edwin.H. King,and running thence along said land of Edwin H.King,2 courses as follows: (1)South 75 degrees 12 minutes 50 seconds West 237.57 feet to a concrete • monument;thence (2)South 69 degrees 52 minutes 30 seconds West 90.75 feet to other land of RE EIVE® 7 the party known as D&D Trenching Corp.(party of the first part in deed of conveyance to Arlindo Guimaraes dated 9/5/51)thence along said other land of D&D Trenching Corp. North 11 degrees 19 minutes 50 seconds West 1450 feet, more or less to the ordinary high water mark of Long Island Sound;thence easterly along said ordinary high water mark of Long Island Sound, 330 feet, EDARD OF APPEALS more or less,to said land of George M.Tisdale,thence along said land of George M.Tisdale,South 11 degrees 26 minutes East 1450 feet,more or less, to the point of beginning. Containing 10.8 acres,more or less. i SUBJECT to a right of way 10 feet in width from the premises on the west the southerly line of said 10 foot right of way beginning at the southwesterly corner of j the premises herein above descibed and running thence 2 courses as follows: (1)North 69 degrees 52 minutes 30 seconds East 90.76 feet;thence (2)North 75 degrees 12 minutes 30 seconds East 88.17 feet of the westerly line of an existing right of way running southerly to the Main Road,and extending across said existing right of way to the Main Road to its easterly line. TOGETHER with an easement In favor of the owner of the above described premises to draw water for drinking purposes from the well now on the premises, immediately adjoining the above described premises to the west and conveyed i by D&D Trenching corp.to Phillip DeNicola by deed dated 9/5/51. TOGETHER with aright of way in common with others for ingress and egress 1 over and along a strip of land as said right of way is described in deeds recorded In Liber 3070 cp 48 and Liber 3070 cp 51,in the Suffolk County Clerk's Office. i 0 r-01 w,. - .>ro• 03 RECEIVED q ,M. + ��� 4m nT,n�. F.O.26 1.0.4 • � �� �� Ir � a AUG 15 2014 A `� ~" BOARD OF APPEALS o' 111.13 24A �O �•. b ty 1O '/ LIN •Li io P V�W IMA 1219 � FA, llrF O1 tii►A'] A, + �i11T tri 't J1 �'f � wT .,_'j- L•a 41 P.D.65 -' �' ""�Q, LCA 1Lu M.D.60x7.9 1 oA2id 11Nc1 Q � I n�1 RD 2.12 lZ JA �l2A `— r O /�F V 111 LOAW ++ a a. :.0 O °0 21 a+ � laum o.L, +, +, ��, .� 24.1 sNT�'"M �'^'' • ++ $ `' T„vldl' � 3 fell � f . a�ud s 29 ON L l 'ya Am ivFM vvt•.ern•.. + w 92A TORN OF SER TI OLo A ^ 2 _ r a' I.Aud s ra�� 7 2 4 Dom Pond ,.NDEM.ER CM'4 a T 21 . ) ` 22.1 21 A I71� ID.OF sounno 2A I Q + +m. AND I M [011177 6 51iF0.R �g t a2 SOA oy 51 ILOA Al/ jTS ,. 10. •' _t,, O' t a xe n 12 32 .. n 4• e' x.Llcl •h .FN...� y." FON PCL.NIL FOR P0..ND. FOR P0..Nd p• +• SEE SEC.NIL -• " SEE Sm hgL SEE IEC.N0. �•..T,J s[G,a 19 to 071-04.011 071-05-0012032-0-06 �• wiC. Leh ^• +' IMTCM �-LIE MATCH-� UE MATCH Z— LINE • e su SEC.ND.071 MATCH L2E O SEE SEC.ML 011 ...,,.N laa --- �.v...l.. ——]�— ,�„. .�- — •— ..Fa: p..a ].r.w F. P.,PR.c] NOTICE COUNTY OF SUFFOLK © E 1A IM R SOUTHOLD SECTION No .PF .IT.W THE POLL VemG pSTPKTL �1,, C..I ryN1/ E ...arn... —�— .e.a.r s.► (ZSf s O N.Mrk,l.. —-T—- .r wrt, —-•—- UK- KWTEMAICE.ALTER4TOK LALE OR r Red fI op ty Tax Service AY �Y Y FfF yf D RLFOE 6 C AJe.l.ti 1M Jr ----- A.r 0— . M.1Aut,1.. —_r—' ....trA..t,1Y• —M:1—- FFE ]F arTrrt pSTRE!nfM 7 W OOIIAN K TIE 022 E w. m V,1 �_� — uAM al SUFFR,COMM 1A]NAF 2 PFANWLD E9u1TY Gnnr dverlrad N 7 11901 V N ____� Lr,0.,.e,M. _._- N.r..►,.r,lk—-.— .e.. ss .E—i g. q ME N FEET, la D ...w.. 27 Ar.. 121 ud eF 12.1A Na'l.. —_-_ M MN Ll. A.1...O.Yt,u.—..-- ..aAAM1 e]:f-AAfEA WK P IPR-EN AX St IRI]F lli O MA N> 4 110 011 ps11C1 b 1000 tmwe... 12.1 Aiel L• AEM P4�fpfT TAX St ACENC1. P PROPERTY M/�P �_ ROAD MAINTENANCE ]DECLARATION THIS Declaration ("Declaration") is made this 14"' day of June, 2004, by Cove Beach Estates, LLC having an office at.90 Park Avenue, Suite 1714, New York, NY 10016 hereinafter referred to as "Declarant," and by Ocean Point Development,Corp. having an office at 90 Park Avenue, Suite 1714, New York, NY 10016 as owner of the road which services subdivision adjoining the Cove Beach Estates land. the 5 lot WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 22, Block 3, and Lots 9.1 and 18.7, 18.8 which parcel is described at Schedule A, and Ocean Point Development Corp. is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lot 18.1 which parcel connects the Cove Beach Estates parcels to five (5) existing* Subdivided lots, lots are known and designated on the Suffolk County Tax Map as District 1000 Section 22 Bllockl3 Lots 3, 28, 29, 30 and 31, and WHEREAS, Declarant has made an application to subdivide the Cove.Beach real property (Parcel A) into twelve (12) lots, as shown on the subdivision map of Cove Beach Estates, LLC prepared by Young & Young and last dated October 31, 2003, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the twelve (12) Cove Beach subdivision lots and with the Ocean Point Development Corp. parcel will provide access to the adjoining five (5) lot subdivision on tine west, (together referred to as the"subdivision lots")- NOW,THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing, recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the subdivisi to wit: on lots, their heirs, successors and assigns, A. ROAD DESIGN AND CONSTRUCTION. The Cove Beach subdivision roads shall be located as shown on the subdivision map and shall be paved to a width of 16 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach. Drive and Stoney Beach Road, shall remain with Cove Beach Estates, Page 1 of 6 REiCEIVED w.i BOARD OF APPEALS LLC its successors or assigns with its use subject to this Declaration, and title'to the road known as Stoney Beach Road Extension shall remain with Ocean Point Development Corp. its successors or assigns subject to this Declaration. Together Cove Bleach Drive, Stoney Beach Road and Stoney Beach Road Extension shall herein be referred to as the roads". B. MAINTENANCE AND MANAGEMENT OF ROADS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates, LLC (hereinafter referred to as Cove Beach Estates) through its agent with the agent being designated in writing by Cove Beach Estates, and with the initial agent being Enzo Morabito, shall manage, administer, maintain and operate the subdivision roads in accordance with the provisions of this Declaration. Cove Beach Estates through its agent.hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but.are not limited to: a. The routine maintenance of the roads; including but not limited to, litter collection, snow removal and repair of the pavement as necessary to keep the road in good working order. b. The use.of agents, subcontractors or employees deemed by Cove Beach Estates to be reasonably necessary to carry out its responsibilities under this Declaration. 2. Cove Beach Estates agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than $1.,000,000. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Cove Beach Estates shall be named an additional insured on individual homeowner policies for each of the lots, and each homeowner shall maintain liability insurance of not less than $1,000,000. C. MANAGEMENT COSTS I. Cove Beach Estates, through its agent, in its sole discretion,-shall: a. Prepare an annual budget and except as to Lots 11 and 12 apportion to the subdivision lot owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance, repair, and a reserve fund fee. All maintenance costs shall be paid within thirty (30) days of the mailing of the "Maintenance Costs" statement. Owners of lots 11 and 12 shall each pay 25% of a share as assessed to the fifteen (15) lots owners. Page 2 of 6 RECEIVED BOARD OF APPEALS b. Maintain a"Reserve Fund" for extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the ae funds. The Annual Reserve Fund fee for each lot shall be computed by totalingthe estimated i neral Payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15)year period. Likewise the owners of lots 11 and 12 shall each pay 25% of one (1) share. b. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Cove Beach Estates may recommend a special assessment which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Cove Beach Estates. D. TAX ASSESSMENT a. In the event the roads are assessed by the Town of Southold and real property taxes are required to be paid thereon it is understood and agreed that the real property tax for the roads will be apportioned among the lot owners and included in the tax bill for each lot. In addition Cove Beach Estates, LLC will request that the road tax be apportioned among the subdivision lots equally except to lots 11 and 12 which should be assessed only '/4 (25%) each of the share of the tax attributed to the other(15) lots. E. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i).use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Cove Beach Estates. Page 3 of 6 RECEIVED BOARD OFAPPEALS d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or existing from the road may be made. e. No alternation or modification of the road, once constructed, will be permitted without prior written consent of Cove Beach Estates. F.TERMS OF PAYMENT 1. All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty (30) days after the date of the "Maintenance Costs" statement is mailed by Cove Beach Estates. 2. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owners fails to comply with the terms set forth herein within thirty(30) days after notice of violation is given by Cove Beach Estates,then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at law or in equity, all the terms of this Declaration including but not limited to obtaining a judgment for the sum owing, including costs and reasonable attorneys' fee to collect the sum or sums owing. G. AMENDMENT This Declaration may amended by Declarant, its successors or assigns only upon approval of the Planning Board of the Town of Southold and the office of the Attorney General of the State of New York. H. MiSCELLANEOUS 1. If any section, subsection, paragraph, clause, phrase,.or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 3. The within Declaration'shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, Page 4 of G RECEIVED • '�I�L, k 4 ,. BOARD OF APPEALS and may not be annulled, waived,changed, modified, terminated, revoked, or amended by subsequent owners of the premises. 4. All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. 5. In the event that the Declarant is no longer in title to any.portion of the subdivision, then the owner of Lot No. 1 on the subdivision map shall thereafter be responsible for retaining an agent to manage, administer, maintain and operate the subdivision roads in accordance with the provisions of this Declaration. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. P1,1c arant� e Beach Estates, LLC By; � % aoul - Wrtteveen/Member Declarant• O:c' ea'n P int Development A p ent Corp. By: y .� ... , lWitteveen/President STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the ! _ c day o ,,!� 2004, before me, the undersigned, personally appeared Raoul 7. Witteveen, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that Page 5 of G RECEIVED BOARD OF APPEALS he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CHARLES R.CUDDY NotaiY Public,State of New York STATE OF NEW YORK ) No.5572225 ) ss.: Commfssl niTExplreSuffolk cmb�County,20,�> COUNTY OF SUFFOLK ) •-� f T 1 i f. STATE OF NEW YORK County of Suffolk ss.: I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court being a Court of Record)DO HEREBY CERTIFY that I have compared the annexed copy of and that it is a just and true copy of such original of the whole thereof. and 1 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed th ��,� � day of the and Courtthis . . . . . . . . . . . . . . . . . . . . . . . . . . .fi+. . . . Form No. 104 •� • . . . . . . . . . . . . .Clerk. 12-10e..12189cs RECE VE© BOARD OFAPPEALS Page 6 of 6 SCHEDULE "A" ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF , SITUATE,EAST MARION, TOWN OF SOUTHOLD, COUNTY OF SUFFO K AND STATE LOFNNEWAYORKEBEINGT MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF MAIN ROAD AT THE SOUTH WEST' CORNER OF THE PREMISES ABOUT TO BE DESCRIBED HEREIN; SAID POINT BEING ALSO INTERSECTED BY THE SOUTH WEST CORNER OF THE PREMISES ABOUT TO-BE DESCRIBED HEREIN AND THE SOUTH EAST CORNER OF LAND NOW OR FORMERLY OF FRANK R. RUSSEL AND OTHERS; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG LAND OF FRANK R. RUSSEL AND OTHERS THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1. NORTH 23 DEGREES 22 MINUTES 16 SECONDS WEST 211.37 FEET; 2 . SOUTH 60 DEGREES 31 MINUTES 44 SECONDS WEST 27.55 FEET; 3 . NORTH 25 DEGREES 15 MINUTES 16 SECONDS WEST 402.42 FEET; 4. SOUTH 72 DEGREES 32 MINUTES 04 SECONDS WEST 52.24 FEET TO LAND NOW OR FORMERLY OF RONALD JR. AND BARBARA, EDEEN; RUNNING THENCE ALONG SAID LAND THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1- SOUTH 77 DEGREES 58 MINUTES 14 SECONDS WEST 155.85 FEET; 2. SOUTH 74 DEGREES 31 MINUTES 54 SECONDS WEST 59.26 FEET TO LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. AND IRIS R. BEGORA; RUNNING THENCE ALONG LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. BEGORA THE FOLLOWING TWO (2) COURSES AND DISTANCES: AND IRIS R. 1. SOUTH 78 DEGREES 29 MINUTES 54 SECONDS WEST 295.42 FEET; 2. SOUTH 27 DEGREES 28 MINUTES 06 SECONDS EAST 11.58 FEET TO LAND NOW O FORMERLY OF MYRON BROWN; R RUNNING THENCE ALONG LAND OF MYRON BROWN, SOUTH 76 DEGREES 28 MINUTES 04 SECONDS WEST 180.74 FEET TO LAND NOW OR FORMERLY OF JOHN AND LUZ PSAROUDAKIS; 1. RUNNING THENCE ALONG LAND OF JOHN AND LUZ PSAROUDAKIS AND LAND NOW OR FEET; FORMERLY OF DOROTHY E. COOK, NORTH 24 DEGREES 08 MINUTES 36 SECONDS WEST 180 .93 THENCE STILL ALONG LAND NOW OR FORMERLY PSAROUDAKIS SOUTH 65 DEGREES 14 MINUTES 14 SECONDS WEST 149.91 FEET TO THE EASTERLY SIDE OF KAYLEIGH`S COURT THENCE ALONG THE EASTERLY SIDE OF KAYLEIGH'S COURT AND ALONG LAND NOW OR FORMERLY SINATRA 974.50 FEET RECEIVED BOARD OF APPEALS THENCE ALONG LAND NOW OR FORMERLY COTRONE-THE FOLLOWING (2) COURSE URSES AND 1. NORTH 24 DEGREES 41 MINUTES 16 SECONDS WEST 196.87 FEET 2. SOUTH 44 DEGREES 10 MINUTES 44 SECONDS WEST 79.47 FEET T0. LAND NOW OR FORMERLY PAPAZAHARION THENCE ALONG LAST MENTIONED LANDS AND FOLLOWING (8) COURSES AND DISTANCES: LAND OF CAMBELL AND SEREMETIS THE I. NORTH 25 DEGREES 17 MINUTES 16 SECTION WEST 21.36 FEET 2. NORTH 44 DEGREES 10 MINUTES 44 SECTION EAST 79.80 FEET 3 . NORTH 24 DEGREES 01 MINUTES 26 SECTION WEST 89.15 FEET 4. NORTH 23 DEGREES 38 MINUTES 36 SECTION WEST 225.46 FEET S. NORTH 24 DEGREES 51 MINUTES 36 SECTION WEST 126.14 FEET G. NORTH 23 DEGREES 34 MINUTES 16 SECTION WEST 151.92 FEET 7. NORTH 24 DEGREES 10 MINUTES 10 SECTION WEST 99.97 FEET 8. NORTH 26 DEGREES 22 MINUTES 46 SECTION WEST 174.98 FEET TO LAND NOW OR FORMERLY GARVEY THENCE NORTHEASTERLY ALONG LAND GARVEY AND. LAND OR DEVELOPMENT CORP. THE FOLLOWING (2) .COURSES AND DOISTANCESERLY OCEAN POINT I. NORTH 62 DEGREES 11 MINUTES 16 SECTION EAST. 149,09 FEET 2. NORTH 61 DEGREES 16 MINUTES 04 SECTION EAST 167.63 FEET TOLAND NOW 0 FORMERLY NFRE DEVELOPMENT CORP. R RUNNING THENCE ALONG LAND NOW OR FORMERLY NFRE DEVELOPMENT CORP. THE FOLLOWING TEN' (10) COURSES AND DISTANCES: I. SOUTH 25 DEGREES 31 MINUTES 36 SECONDS EAST 836.45 FEET; 2. NORTH 65 DEGREES 47 MINUTES 54 SECONDS EAST 288 FEET; 3 . NORTH 24 DEGREES 12 MINUTES 06 SECONDS WEST 176 .10 FEET; 4. NORTH 24 DEGREES. 38 MINUTES 46 SECONDS WEST 113 .47 FEET; 5. NORTH 23 DEGREES 32 MINUTES 36 SECONDS WEST 110 .05 FEET; G. NORTH 25 DEGREES 39 MINUTES 46 SECONDS WEST 101.00 FEET; t \Y _ RECEIVED BOARD OFAPPEALS 7. NORTH 23 DEGREES 04 MINUTES 56 SECONDS WEST 88.65 FEET; 8 . NORTH 26 DEGREES 21 MINUTES 26 SECONDS WEST 100.90 FEET; 9. NORTH 28 DEGREES 48 MINUTES 16 SECONDS WEST 101.34 FEET; 10. NORTH 33 DEGREES 26 MINUTES 56 SECONDS WEST 68.56 FEET TO OTHER LAND NOW OR FORMERLY OF OCEAN POINT DEVELOPMENT CORP. ; THENCE ALONG SAID LAND 1.. NORTH 61 DEGREES 22 MINUTES 14 SECONDS EAST 97.62 FEET; THENCE NORTHERLY ALONG LAND NOW OR FORMERLY OCEAN POINT DEVELOPMENT CORP FOLLOWING (7) COURSES AND DISTANCES: THE I. NORTH 24 DEGREES 21 MINUTES 26 SECTION WEST 46.62 FEET 2 . THENCE NORTHERLY ALONG AN ARC OF 425OF A CURVE BEARING TO THE RIGHT HAVING A RAD .00 FEET A LENGTH OF 208.23 FEET; IUS. 3. NORTH 24 DEGREES <21 MINUTES 26 SECTION WEST 508.06 FEET 4. THENCE WESTERLY ALONG AN ARC OF A CURVEY BEARING TO THE LEFT HAVINGA RADI OF 25.00 FEET A LENGTH OF 34.83 FEET US S. ALONG NORTHERLY ALONG AN ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 60.00 FEET A LENGTH OF 224.42 FEET 6. NORTH 45 DEGREES 03 MINUTES 26 SECTION WEST 16.60 FEET 7. NORTH 02 DEGREES 48 MINUTES 04 SECTION EAST 527.67 FEET TO THE APPROXIMATE HIGH WATER MARK OF LONG ISLAND SOUND THENCE SOUTHWESTERLY ALONG THE APPROXIMATE HIGH WATER MARK OF LONG ISLAND SOUND THE FOLLOWING TIE LINE COURSES AND DISTANCES THENCE ALONG SAID HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING 15 TIE LINE COURSES AND DISTANCES: I. SOUTH 83 DEGREES 14 MINUTES 46 SECONDS EAST 28.26 FEET; 2 . SOUTH 62 DEGREES 51 MINUTES 09 SECONDS EAST 201.85 FEET; 3 . SOUTH 13 DEGREES 33 MINUTES 58 SECONDS EAST 39.20 FEET; 4. SOUTH 44 DEGREES 24 MINUTES 15 SECONDS EAST 85.68 FEET; 5. SOUTH 35 DEGREES 17 MINUTES 27 SECONDS EAST 447.02 FEET; 4 RECEIVED BOARD OF APPEALS 6. SOUTH 54 DEGREES 42 MINUTES 50 SECONDS EAST 142 .20 FEET; 7. SOUTH 61 DEGREES 51 MINUTES 04 SECONDS EAST 142.78 FEET; 8 . SOUTH 67 DEGREES 52 MINUTES 44 SECONDS EAST 167.49 FEET; 9. SOUTH 73 DEGREES 20' MINUTES 32 SECONDS EAST 501.35 FEET; 10. SOUTH 70 DEGREES 23 MINUTES 39 SECONDS EAST 215.43 FEET; 11. SOUTH 73 DEGREES 28 MINUTES 00 SECONDS EAST 227.73 FEET; 12. SOUTH 71 DEGREES 06 MINUTES 21 SECONDS.EAST 210.19 FEET; 13 . SOUTH 82 DEGREES 49 MINUTES 39 SECONDS EAST 69.50 FEET; 14. SOUTH 76 DEGREES 56 MINUTES 14 SECONDS EAST 108.12 FEET; 15. SOUTH 81 DEGREES 51 MINUTES 42 SECONDS EAST 321.20 FEET TO LAND NOW OR FORMERLY OF ROBERT W. AND DAVID GILLESPIE; THENCE ALONG SAID LAND, SOUTH 06 DEGREES 24 MINUTES 34 SECONDS WEST 198.78 FEET TO DAM POND; THENCE ALONG DAM POND THE FOLLOWING 33 COURSES AND DISTANCES: 1. SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST 73 .93 FEET; 2 . 'NORTH 75 DEGREES 37 MINUTES 52 SECONDS WEST 48.78 FEET; 3 . NORTH 87 DEGREES 59 MINUTES 45 SECONDS WEST 58.54 FEET; 4 . NORTH 89 DEGREES 33 MINUTES 38 SECONDS WEST 37 .38 FEET; S. NORTH 63 DEGREES 46 MINUTES 47 SECONDS WEST 46.02 FEET; 6. NORTH 85 DEGREES 42 MINUTES 49 SECONDS WEST 63.84 FEET; 7. NORTH 66 DEGREES 04 MINUTES 49 SECONDS WEST 28 .08 FEET; 8 . SOUTH 33 DEGREES 57 MINUTES 52 SECONDS EAST 180.87 FEET; 9. SOUTH 18 DEGREES 42 MINUTES 02 SECONDS EAST 110 .06 FEET; 10. NORTH 89 DEGREES 10 MINUTES 25 SECONDS EAST 85.79 FEET;_ 11. SOUTH 38 DEGREES 23 MINUTES 13 SECONDS EAST 81.33 FEET; 12. SOUTH 24 DEGREES 16 MINUTES 05 SECONDS EAST 73 .11 FEET; RECEIVED BOARD OF APPEALS 13 . SOUTH 51 DEGREES 10 MINUTES 48 SECONDS WEST 49.25 FEET; 14. SOUTH 32 DEGREES 39 MINUTES 33 SECONDS EAST 58.55 FEET; 15. SOUTH 28 DEGREES 04 MINUTES 43 SECONDS WEST 53 .12 FEET; 16. SOUTH 82 DEGREES 54 MINUTES 21 SECONDS. WEST 46.53 FEET; 17. NORTH 77 DEGREES 57 MINUTES 36 SECONDS WEST 146.19 FEET; 18. SOUTH 63 DEGREES 05 MINUTES 10 SECONDS WEST 64.68 FEET; 19. SOUTH 4 DEGREES 56 MINUTES 12 SECONDS WEST 73 .36 FEET; 20. SOUTH 23 DEGREES 18 MINUTES 55 SECONDS EAST 58.90 FEET; 21. SOUTH 55 DEGREES 48 MINUTES 53 SECONDS EAST 32.68 FEET; 22. NORTH 86 DEGREES 48 MINUTES 55 SECONDS EAST 82 .98 FEET; 23 . SOUTH 75 DEGREES 54 MINUTES 56 SECONDS EAST 68 .06 FEET; 24. NORTH 55 DEGREES 39 MINUTES 06 SECONDS EAST 61.71 FEET; 25. NORTH 14 DEGREES 48 MINUTES 34 SECONDS EAST 92.74 FEET; 26. NORTH 53 DEGREES 31 MINUTES 16 SECONDS EAST 24.33 FEET; 27. SOUTH 7 DEGREES 39 MINUTES 07 SECONDS EAST 31.57 FEET; 28. SOUTH 11 DEGREES 06 MINUTES-27 SECOZ'DS WEST 49.53 FEET; 29. SOUTH 19 DEGREES 55 MINUTES 03 SECONDS EAST 106.82 FEET; 30. SOUTH 56 DEGREES 03 MINUTES 02 SECONDS WEST 48 .86 FEET; 31. SOUTH 77 DEGREES Ol MINUTES 56 SECONDS WEST 61.30 FEET; 32. SOUTH 79 DEGREES 24 MINUTES 50 SECONDS WEST 79.63 FEET; 33 . SOUTH 16 DEGREES 48 MINUTES 29 SECONDS WEST 20 .47 FEET TO LAND NOW OR FORMERLY OF JOSEPH FREDERICK GAZZA; THENCE ALONG SAID LAND THE FOLLOWING TWO COURSES. AND DISTANCES: 1. NORTH 87 DEGREES 08 MINUTES 46 SECONDS WEST 103 .77 FEET; 2. NORTH 00 DEGREES 35 MINUTES 14 SECONDS EAST 9 FEET; RECEIVED �( RECEIVED BOARD OF APPEALS I r BOARD OFAPPEALS THENCE STILL ALONG LAND OF GAZZA AND L AND ER NORTH 89 DEGREES 05 MINUTES 36 SECONDS WEST 0450 .01W OR0FEETLY OF BERNICE LETTIERI, THENCE ALONG SAID LAND OF LETTIERI AND OTHER LAND OF JOSEPH FREDERICK GAZZA SOUTH 89 DEGREES 43 MINUTES 34 SECONDS WEST 520 .88 FEET; THENCE STILL ALONG SAID LAND OF GAZZA, SOUTH 25 DEGREES 30 MINUTES 6 SECONDS EAST 608 .15 FEET TO LAND NOW OR FORMERLY OF ANDREW LETTIERI; THENCE ALONG SAID LAI4-D OP LETTIERI THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: 1. NORTH 81 DEGREES 12 MINUTES 16 SECONDS WEST 312.90 FEET; 2 . SOUTH 32 DEGREES 12 MINUTES 06 SECONDS EAST 144.10 FEET; 3 • SOUTH 27 DEGREES 10 MINUTES 36 SECONDS EAST 71.14 FEET; 4. SOUTH 27 DEGREES 49 MINUTES 46 SECONDS EAST 111.96 FEET; 5. SOUTH 25 DEGREES 15 MINUTES 36 SECONDS EAST 598.78 FEET; 6. SOUTH 26 DEGREES 45 MINUTES 36 SECONDS EAST 387.32 FEET; 7. NORTH 63 DEGREES 01 MINUTES 44 SECONDS EAST 23 .10. FEET; S . SOUTH 25 DEGREES 30 MINUTES 16 SECONDS EAST 242.90 FEET TO THE NORTHWEST SIDE OF MAIN ROAD; RUNNING THENCE ALONG THE NORTHWEST SIDE OF MAIN ROAD, SOUTH 83 DEGREES 03 MINU'T'ES 14 SECONDS WEST 86.62 FEET TO THE POINT'OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 022.000 BLOCK 03 .00 -LOT 018.007 018 .008, AND 009.001 ,affix 16 BOARD OFAPPEALS SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-22-0304 SCALE 1 "=60' MAY 13, 2013 DECEMBER 18, 2013 ADD SPOT ELEVATION MARCH 16, 2014 STAKE DRIVEWAY MAY 3, 2014 STAKE FOUNDATION �ND AREA = 464,221 sq. ft. sO (TO TIE LINE) 10.657 ac. L AND LC' N G 1s 25169 2013 ZO\� \��- \S• Lf) ON MPS�ON MAY MPR1��' N,PR1A j ,, REN1 Y11G�aENS NIG N Q1 �Pp APPA ,.0 CERTIFIED TO: 66�� E PL�NGOP PVpNG o OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY N S0.49,23„ E FN>a Op�N X 78.7 WINDSONG COVE, LLC 78.I B ,''j0p`e�� .IpE pF'I� X 16-5 _ ---- 4.0 ENOTES: .4HEIGH1710 1 . ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM AVE. BLUFF EXISTING ELEVATIONS ARE SHOWN THUS: X5.0 28.2 BLUFF 3 'VOP ELS 27 0 R F.FL. - FIRST FLOOR FINE. c, G.FL. - GARAGE FLOOR Z P a X26.X 27.5 Q x 3 / x za•1 / o X.27-8 /- `Z LP x 27.2 1\ TOP OF X26 /SESBPCK F gPrIK o X 29 1 �- X 28.6 y FROM X 28.7 � AS SCALED j y' HAZARD LINE AREA MAP o COASTAL EROSION EROSION HAZARD 617-83 x2 / COASTAL PHOTO No. 50- 29.7 TOWN OF SOUTHOLD GDY o / UY m WIRE WIRE �" o �^ � g 01\0V PaLE 1 n 2 29.6 X 30.0 X 30.1 c -� X302 � 1 0 1 /CONCRtT 1 30.6'0 X WELLRPD 303 X 30.8 x 30.9 0.7 X 30 3 1 X 30.9 1 3 p X pC 9g"HpRpWpOD 16"HARDWOOD I 1 pOLE X 31.5 413"HARDWOOD 30-OX Sm 1 1g"HARu*000 610X 31.1 30. Zp"SOFTWOOD 32.1 �1 pRIVEWAY mu+1 3 5 17"HARDWOOD 31.6 S1 E ? X 30.1 X- 30. 31.7 C g J2.01 W 1 X pONCcOS PL 'OtAc LK n Oo X 30.8 1 1.9 g WP .= v -0_ 31.1 9.1' X pONC CURT U11LC(Y POL 3 WIRES p 33. LIL ONS. 32.4 o RK ON j 3X.3 RrI�aO HPRpW00 x C ro NC M OUSE FRAME - pVE 1a 33.510"HAROWOOD1 33.2 N 1 510 SE SEj BOR• OF 155.T' SHED /- WAY / - E•;-- 32.0 -/- RIGx� OF CONG. B WAS pONC• FRPME45 g E�EV• 37'31. / 3SE 3.5 164 WPLK X33.9 32. 32.8 -/ /- 3 X STK• -�- ALE x p 4 N 33.6 014c.1, 3 7.6 /- U10.1N P#7� 31 2� F.FL'. co C.'r pA1 p,NC. gLOGK XI- N N z 1 33.0 �,I STORY HpUSE PPD.CONC' WALLSE i o> /- 1BLOC 506 STK N 3_7 33.5 _ - 6' x- BLACK _....... 16.4' 8.0'-- 5�--- / 1 3 7 34.0 X WPC 34.... TEST HOLE o w I PAD. 34.1 /' ? o_ 4.9 T... 16 4 B.0 �' X 3 / 1 • / PRO :oo+',.. 108. X: 7 X 40.00 X 3 X 1 J p 11 .. LATH HAT PRNKINNGG, SEj K 36.5X FRAME SET 35.9 1 X / y9P 1 34. X 35.9 X 37.3 y X 35.7 O 0 FRAMES�\/2;S SHED , X 35.800 1 � 0 1 \ X35.5 O X37.9 URI0 J\_*76 1 1 1 4 1 D1. O1 q P �1 A ,n O O F� 1 v) 1 1 1 ` 1 LINE OFHDRIVEWAYa(TYP) E� UVILIIY LP#25 1 1 1 O n 1 a 1 ~D 0 1 Z � 1 H O t Z 1 t-1 Z 11 b o 0r Y H 1 C) 0 'C] 1 O 1 a UIILIRY P24 1 +, 0 1 1 1 a 0 1 m 1 0 / r 1 1 of C OI' " m1 N1 1 i 1 1 1 1 URIUN PaLE 1 1 1 1 I , 1 �} 1 1 1 l 1 F� I � 1 1 1 RECEIVED UTILIN LP�2 NTE SET LATH ALONG CE -0!`�� LINE OF DRIVEWAY (TYP.) AUG 7 ,� 14 R BOARD OFAPPEALS C0 L' E,_ N 1 :1. W RE OOD D W1RE5 . GP1E11 GO' 0 11Ll1YLP DUE 2_ - - - :`. 1 1 gg 17 FpP PE 11 PREPARED IN ACCORDANCE WITH THE MINIMUM 1 opo - / „ N STANDARDS FOR TITLE SURVEYS AS ESTABLISHED sR /wAY Q W a fps 5 �o BY THE L.I.A.L.S. AND APPROVED A D ADOPTED G 10 R OF GR�1,�E M� 5 15' 2 C NN �,�, 14101F TES, LL FOR SUCH USE BY THE NEW YORK STATE LAND U11LInLP2 /; IC ,A TITLE ASSOCIATION. GUY oto COVE REACH ES WIRE 'yy1F N/NCA EREME�IS 9 MART HAN1EN V. 5 0 & STEP yo z LA N.Y.S. Lic. No. 50467 N N UNAUTHORIZED ALTERATION OR ADDITION Nathan Taft Corwin III TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR CORPORATION) FORM 9007 CAUTION'THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE,made thec;(O day of , 2013, between (� Patricia Desylva Garvey,residing at 3770 Private Road,East Marion,NY 11939 party of the first part, / Windsong Cove,LLC,located at C 1 0 13 a 3 S mc, party of the second part, t WITNESSETH,that the party of the first part,in consideration of TEN DOLLARS($10.00), lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the �• lk second part forever, S*.,'2a vO SEE ATTACHED SCHEDULE 11A" 3-6S Ua BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 09/27/2000 and recorded on 10/31/2000 in Liber 12081,Page 596. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVEAND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. Patricia Desylv4GaeyO — State of New York County of Suffolk ,ss: On the oc� day of June, in the year 2013, before me the undersigned, personally appeared Patricia Desylva Garvey personally known to me or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity(s), and that by his/her signature on the instrument,the individual or the person upon behalf of which the individual(s)acted,executed the instrumen t THEMB B TARY PUBLIC No AASW Nbwof YO& tie,41I.A#9d�B9t ' s � /�'I fl�' ✓F/-'moi Gf�SE� 'tQ COVE BrAGH QST ATE , INC. � y b (5) 0 Qp� Y �' hl�w FORK h SSaoor.{ r7cas r.f � �..�(,/P�t'A_ h�+ •�, .�--^.... Sectio s.7' SAOeo f� sy000 J � ��� Ap � . isCALAE' IDo =l e • o F,os�-o. . �, Pre �Q -9.e, ' �. .TCNffM4Y l/J::GOMMON I S - - -.CRANK RUSSB4L � F/q A040 2ussba 1. � I G�o.Q�+E•RIJ§SEL L l or-W(Jf/b,✓e• RUSSELL B.CO.vCN J arc p��rOx/i-no;e on/y-sab'ec1 to�r-e_ise I zo' 4.11 ' T 2 ' F i sSO Ma�odrel 5epfembcrl6,/570 w 0 p Ii g v fl L A7'HHM f V- o S'ucvE ro,e 0 6,cs-s�/�oaTj N.Y 1 +1- 1•.sow,sa a . .a. Wi W .e••,•ridctaflY/LL• ;51 of New York County of i n. /A / Recorded an the da yads the 2Mday of April of .f. D., 19 at o'clock M.in liber Mweteen gxndred and fifty o/DEEDS at pate and examined. r Metwom Clerk FIs S. SING residing at orient in the Town of Southold, County of Suffolk and State of Now York, part y of the Jiret part, and a ANSEG V. YOUNG residing at Greon?ort In the Town of Southold, County of Suffolk and State of Now York, part y of the shooed fart, Witw mss&that the party of theDint part,in consideration of ien an 00/100fhs------------"--------------------------- Douai s (i 10 00 �yi�y of the United Stat@$, and other good and valuable eonsiaera4ons paid6�the port y o/the second part,do es hereby remise,release and quitclaim Mieft t!N pert y of the esoond part, his heirs and ossijne forever,JIM a right of way eight (e) feet in width for all purposes of inrress and egress over a strip or parcel of land situate at Bast Clarion, Town of Southold, Suffolk County, Now Yo k,said right of way to run along the of westerly boundary line of landornsrly of Edward S. Edwards and to run frost the southwest corner thereof adjoining land of Fact Marion Disposal Company to other land of the grantor conveyed to him by Irwing Lather. Schedule A Description i Title Number HTA-3000-S Page 1 ' ALL that certain plot, place or parcel of land,situate,lying and being at East Marion,Town of Southold,County of Suffolk and State of New York,and I bounded and described as follows: BEGINNING at a concrete monument at the southeasterly corner of the premises herein described,said monument marking the southwesterly corner of ; land of George M.Tisdale and the northerly boundary line of land of Edwin.H. ; King,and running thence along said land of Edwin H.King,2 courses as follows: (1)South 75 degrees 12 minutes 50 seconds West 237.57 feet to a concrete monument;thence (2)South 69 degrees 52 minutes 30 seconds West 90,75 feet to other land of the party known as D&D Trenching Corp.(party of the first part in deed of j conveyance to Artindo Guimaraes dated 9/5/51)thence along said other land of D&D Trenching Corp.North 11 degrees 19 minutes 50 seconds West 1450 feet, more or less to the ordinary high water mark of Long Island Sound;thence easterly along said ordinary high water mark of Long Island Sound, 330 feet, more or less,to said land of George M.Tisdale,thence along said land of George M.Tisdale,South 11 degrees 26 minutes East 1450 feet,more or less, to the point of beginning. Containing 10.8 acres,more or less. SUBJECT to a right of way 10 feet in width from the premises on the west the southerly line of said 10 foot right of way beginning at the southwesterly corner of the premises herein above descibed and running thence 2 courses as follows; (1)North 69 degrees 52 minutes 30 seconds East 90.76 feet;thence l (2)North 75 degrees 12 minutes 30 seconds East 88,17 feet of the westerly line of an existing right of way running southerly to the Main Road,and extending across said existing right of way to the Main Road to its easterly line. TOGETHER with an easement in favor of the owner of the above described premises to draw water for drinking purposes from the well now on the premises, immediately adjoining the above described premises to the west and conveyed by D&D Trenching corp.to Phillip DeNicola by deed dated 9/5151. TOGETHER with a right of way in common with others for ingress and egress over and along a strip of land as said right of way Is described in deeds recorded i In Liber 3070 cp 48 and Liber 3070 cp 51,In the Suffolk County Clerk's Office. I i ' " I BOARD MEMBERS rjF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� Ty��o 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • COQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider OIiYCOU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 September 19,2014 David Jannuzzi P.O. Box 1672 Mattituck,NY 11952 RE: ZBA Application#6776—Windsong Cove, LLC Dear Mr.Jannuzzi: Transmitted for your records is a copy of the Board's September 18, 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. Cc: Building Dept. 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