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.C� 1 &3 oo �f1-i7� Gv�cR v� AA) ��.SE se"C ago -16 P)4 DOJO pW NC-�ic.' \G/�nlsT.^cec-r- .�Gc/l:L�in/G �iJ.T.4� /�tlsui�/C,�ciJT /te4�92 C.d•�c/Sy".E'�cCT �trJ�".CL�.I�Ca �/T� /�f/SLG�'F, f'�'d�t/T�/��. -t' r BOARD MEMBERSO���F $�UjyOl Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p ^��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQUNTV,� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS kBet 1:4.� TOWN OF SOUTHOLD _i; 14 Tel.(631) 765-1809-Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 16,2014 ZBA FILE: 6795 NAME OF APPLICANT: Kyle Matthew Nichols PROPERTY LOCATION: 830 Deerfoot Path, Cutchogue,NY SCTM# 1000-103-04-04 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. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject parcel is 19,341 square feet in an R-40 Zone District. The parcel is improved with a one story single family dwelling. It has 150 feet of frontage on Deerfoot Path, 113.42 feet along its southern property line, 152.94 feet along its western property line and 143.24 feet along its northern property line as shown on the survey dated August 27, 1980 prepared by Frank J. Barylski, LS. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's August 18, 2014 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at; partial location other than the code required rear yard. RELIEF REQUESTED: The applicant requests a variance to construct an in-ground swimming pool partially in a side yard location, where the code requires only a rear yard location, as shown by the sketch of the proposed pool on a survey prepared by Frank J. Barylski, L.S., dated Aug. 27, 1980. ADDITIONAL INFORMATION: The adjoining property owner to the rear yard testified, at the public hearing, in support of the variance relief requested. Two letters were received in support of the requested variance relief. At the public hearing the applicant was asked to supply information from the pool company regarding backwash and sound level of the mechanicals. In a letter dated October 7, 2014 from Dunrite Pools it states the filter does not require backwashing so no drywell is needed. Additionally, the company provided the decibel levels for the pump and filters and stated they are virtually silent at 10 feet away. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 2, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 2 of 3—October 16,2014 ZBA46795—Nichols SCTM 1000-103-4-4 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 &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In-ground swimming pools are characteristic of residential properties in this neighborhood. 2. Town Law 4267-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 existing rear yard is insufficient in depth in order to locate an in-ground swimming pool completely in a conforming rear yard location. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the in-ground pool is proposed partially in a rear yard with conforming side yard and rear yard setbacks. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(Q. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing an in-ground swimming pool partially in a side yard location, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown by the sketch of the proposed pool on a survey prepared by Frank J. Barylski, L.S., dated Aug. 27, 1980. CONDITION: 1. Pool mechanicals shall be placed is a sound deadening 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(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 3 of 3—October 16,2014 ZBA#6795—Nichols SCTM 1000-103-4-4 Vote of the Board.• Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. Absent was Member Goehringer. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing /o /a/ /2014 �R'oPFt'�:TY L.O+GI�1.'tY.t? �4•C • $'f G.i,�'•r`Cii ' i P+�rdc1=' '� ��lSi� .�►.ia,�. 'o R ;'1 b 3, C=V i2 r •• .. -'�t� .�r•.l t �?E g+♦ �1Leii +�•VGi . $�, l9Gs4 t F•43-- k3b. C3�' 81T� ' t•�'�T, �� QJ + `�'7 ' r ft+wh! . ©F 5 eyV-r K o L-e • S? A ta A104 . 9z. ftp 4"�"' '�.•;"'t" i-i �., ' 1 k► �"s'S�Sr'�!:t`s i3.e�.'7'�.a i�+� �'°� . � t�a�°��''� +r:.'a �. , i 1 S�► �G�4i p 1 rdb • iT ir; .t W� ,�. r•�'•.' �S ��/�br -� ti r t INAL MAP . . • , . � . . � MATX { • • � REVIEWED BY Z A � �� � o� '�� �� "IV . SEE C .CISlON # - `�- •�. • .� .� 1 .�►�"'' IAT Jb ll� / 01 �- . ' •+� -� �F• d5 Ar 1 E Ti-r7..E C-4 I-JAtZA nlTCC.. C,A , c,a� - . - ire, 1 lila'm ►J rii vi • ' z �x• . ave-47- i3y' �.+9�cy rAwor - s.14 ..++�.�!-•3..2.d �n1f.r-7 t�'�' •1'••;•• � � 1• 1. .�J �•�Nii.�'�•:1•• 1+,,�i.�(�' j1•1•'Rj X77! -?'•"�.. .R"Y. •� •r1r:_a.•..T1 _ `!'C.e� �•1 �� •� i � � � oQ• •'zN C STEEL WALL PIt10L SYSTFM -nus wuw�Rnsum�vr+ER svErn�o.�rs iD 17' x 36'-10" x 27'-9" LAGOON CUSTOMER: BAYSTATE HAUPPAUGE -IRM SIGNIIUREAOMONNAD ESAp0EpVeR�. m DING!;GS-7380 DATE 8r19 014 REV:• PAGE 1 Oft TAG: DUNRITE scGb: a„R; a AREA ): I PERIMETER:112' EST.VOL US GA: SLtaDee ST Iea61 ••srn•�ed_R Q1 � Sr• Bi1R} t STySA o \1 t ' ,72 36'-30" W-0„n'�+4 Ku OF MATERIALS6'-0" RECEIVED QTY PART NUMBER DESCRIPTION ., ! 1 F mg Stp B'/8'R Ream Sit-.swp < -..,, ►a•�� . 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ALL ELECTRICAL WORK SHALL COMPLY WITH THE REQUIREMENTS OF NFPA70(NEC),PRINCIPALLY ARTICLE 680.ALL ELECTRICAL DEVICES MUST BE APPROVED BY UNDERWRITERS LABORATORIES MOTORcw+one ae r000 orac r To °°"'•r'"'"�"'-� - - AND BE PROTECTED BY A GROUND FAULT CURRENT INTERCEPTORS NLPm YIUT rwon'ce�►ua .411NR1 COAi6 RETURN �u�s rr o 2 POOL MUST BE EQUIPPED WITH AN APPROVED POOL ALARM CAPABLE DETECTING A CHILD SUCTIONS _ _ r r r _ _ I n w VNT��. ENTERING THE WATER AND SOUNDING AN ALARM AUDIABLE AT POOLSIDE AND AT ANOTHER ` """�"y •+� •� LOCATION ON THE PREMISES WHERE THE POOL IS LOCATED.THE ALARM MUST BE INSTALLED, •� W—r—T.wcmwww• MAINTAINED AND USED IN ACCORDANCE WITH MANUFACTIRER'S INSTRUCTIONS.THE ALARM o MUST MEET ASTM F2208'STANDARD SPECIFICATION FOR POOL ALARMS'.THE DEVICE MUST 4' $' o '""' OPERATE INDEPENDENT(NOT ATTACHED TO OR DEPENDENT ON)OF PERSON. 1 4'� VARIES 4'—; 3 WATER SOURCE FILLING THE POOL SHALL BE EQUIPPED WITH A BACKFLOW PROTECTION s. r•tore arm.Iw�arewr rao. .o•*...o.,r•,' "" "" �"""".e"" SYSTEM. 40.0 N rOTTO"01►AI! I i 4 ALL PIPING IS DIAGRAMMATIC UNLESS OTHERWISE STATED.ALL PIPING TO BE POLYETHELYNE. TYPICAL WALL SECTION 5 POOL SHALL BE GREATER THAN 10 MEASURED HORIZONTAL Y F ALL OVERHEAD WIRING. POOL DESIGN INCLUDING DRAINS WILL MEET ALL 2010 CODE. 12'---4'--� OF NEb, snr•oiwwa ea Ts I ��� """""""'T rear-••� Pool Complies With ANSI 514,2010 RCNYS, � F Tor CCNNM r�so v •erren __ _ ___ _ __ (f rrr ur aww _ Appendix G,Design in Acceptable for ALL Dunrite Pools Ni ' COMMON SOIL.CONDITIONS '' '' a..,.m FLLM Asa 3 �TW a`a, Veterans Highway �0 ENTRAPMENT PROTECTION IN Bohemia, NY i�ES t0 COMPLIANCE WITH SECT.AG 106 1 POOL TYPE:18 x 36 Rectangle REV SCALE: NTS Typical Corner Connection JAMES DEERKOSKI, P.E. DATE: 8/26/2014 260 DEER DRIVE Typical wall connection Detail MATTITUK, NEW YORK 11952 DRAWING NUMBER RECEIVED 1 OF 1 AUG 282014 �•� �� ZONING BOARD OF APPEALS FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 18, 201,4/�� t TO: Kyle Nichols 1817 Carroll Avenue RECEIVED Merrick, NY 11566 Please take notice that your application dated August 7, 2014 AUG 2 ZONING BOARD OF APPEALSFor permit to construct an accessoryground swimming pool at Location of property: 830 Deerfoot Path, Cutchoguue, NY County Tax Map No. 1000 - Section 103 Block 4 Lot 4 Is returned herewith and disapproved on the following grounds: The ro se sso in-ground swimming pool, located on a non-conforming 19,341 square-foot parcel in the R-4 District is not permitted pursuant to Article IV Section 280-19 which states; "Accessory buildings shall be subject to the same requirements as 280-15 of the Agricultural Conservation District," which states; "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory in-ground swimming�pool is noted as being located partially in the side yard. orized Sign re Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. 4f RECEIVED Fee:$ Filed By: Assignment No. An 2 8 20i APPLICATION TO THE SOUTHOLD TOWN B0ARDZWgkpptft0§APPEALS AREA VARIANCE House No. QStreet .dee rfoe)+ Aik Hamlet C-1c4c as ae. SCTM 1000 Section 10B1ock_O�LLot(s) Lot Size T Y Lf -Zone I(WE)APPE WRITTEN DETERMINATION OF THE BUILDMIINSPJECTOR DATED / aZO ILt BASED ON SURVEY/SITE PLAN DATED o2 Applicant(s)/Owner(s): ku Ie. 1 la- �iP(,t1 A)ols Mailing Address: /9/7 Gs AyehirPj No f.C/< k .y= I 1 PNOTETelephone347 3TS- 4476 Fax: Email: /V TC N /715 OP— 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: for( )Owner( )Other: Address: Telephone: Fax: Email: Ple check to specify who you wish correspondence to be mailed to,from the above names: ( Applicant/Owner(s), ( )Authorized Representative, they Name/Address below: Kyre M- ��c�r^15 /alb �rrcll �vC�►uP� I1P�r�c[� N,y !lS6c� WHEREBY THE LDING INSPECTOR REVIEWED SURVEY/SITE L DATED and DENIED AN APPLICATION DATED 8' a0 ft FOR: 4,�4uilding Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction A (t�Other: Perms�` /O Con5'frac 'an ctrSce &jj %A -q'ro"d SivynM'nq fod{ Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning J Ordinance by numbm.Do not quote the code.) Article: Section: �Ff Subsection: Type of Apeal. An Appeal is made for: VA 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 ( )Revers r Oth A prior appeal ( has, as not been made at anv time with respect to this property, UNDER Appeal No(s). ear(s). a- . (Please be sure to research before completing this question or ca 1 our office for assistance) RECEIVED Name of Owner: ZBA File# A U G 8 2014 REASONS FOR APPEAL (Please be specific, additional sheets may be used with prepayer's signature notarized): ZONING BOARD OF APPEALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: Xn5ldfkCNi13r tMf- y4trd 5 Rettf— Poe4v- gd, � 5Vpo1-1-0.Poo1 aS to 5;m;lar P roperyhs to ne.9h boor hoot( the loea��on of *kc— r-eS�denc� d-Squar^G fmo�l ay e. of ttie W- 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: 7h�e ex%s4ln rfa� cJ. alA- is insu�F�e,�l-5n 59t�a1 foo�a j , e onj -Fe«S a ti 1oca4f vn on 4-ke p ropeis M "e slde yard, 5e r oL44gcA,e4 19 /61r) J d 3.The amount of relief requested is not substantial because: �"1�e /�roJ�osPd' S�^ucre. Csw�.v�wi��qq Poo 1 ) wh:C �y enc%S ` ��, a fent t°d { cur-ca. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 54ruc` ures CSov.�,�^;� pools ) are S�rc�ce� -fivougti©tf -Ifie Jjel�hbafhooa- 5.Has the alleged difficulty been self created? ( ) Yes,or(1 O Why: lgCCaU5 o-F phys,c..aj locOf on dFJhe res)dencia on fhe pre cl"Ctf5 ctny oAer allerfialt ve -For lite5*e c-lare, Are there any Covenants or Restrictions concerning this land? {jNo { ) Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. n Sig ture of Applicant or Authorized Agent E �J (Agent must submit written Authorization from Owner) Sworn tfore me this" 7 day of Notary Public PETER BOOTH Notary Public,State of New York No.01806092004,Suffolk Count Term Expires May 12,Z0 . • 795 APPLICANT'S PROJECT DESCRIAON �'�` (•� APPLICANT: DATE PREPARED: gh5 A tf 1.For Demolition of Existing Building Areas Please describe areas being removed: II.New Construction Areas(New Dwelling or New Additions/Extensions): RECEIVE Dimensions of first floor extension: AUG 2 8 ?014 Dimensions of new second floor: MARD OF APPEA Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area:T V.Purpose of New Construction: . ei,,,- _% � 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): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE �7 7 FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premMM sted on the real estate market for sale? RECEIVED Yes o AUG 2 8 2014 B. Ar there any proposals to change or alter land contours? ZONING BOARD OF APPEALS No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? /V 2.)Are those areas shown on the survey submitted with this application? RIA 3.)Is the proper head between the wetlands area and the upland building area? !!vv AIM 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trustees: A)1A and if issued,please attach copies of permit with cond tions 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? 1.10 T E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Ki If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? i�1y If yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel and the proposed use _ rit (ex:existin)single family, oposed:same with gare,pool or other) A orized signature and Date -lq6 RECEIVED AGRICULTURAL DATA STATEMENT AUG 2 S 2014 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 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: KJ le- M. N�&1@ C 2. Address of Applicant-J / 0 'titPCA A)•1; (63� 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: /g27 en.-tellAv�.ru '� Root,[ C lL' y� !/Sr" 5. Description of Proposed Project: 4,r.-12dtel A(CtO6o % JJ�ctn�MrN1med 6. Location of Property: (road and Tax mapr ` ©� number).-.930 Qt f C a a / on 7. Is the parcel within 500 feet of a farm operati ? { } Yes J% o Q/ocf< 8. Is this parcel actively farmed? { } Yes f4No L v7 (f 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) S'g of Appli nt 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. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part l -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 I 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 l -Project and Sponsor Information prWAS 0kcrLOSSON Name of Action or Proje t: 3 o e er CX N? 93 Project Location(describe,and attach a location map): Brief Description of Proposed Action: RECEIVED 7ns�a� ����roctn� Sw�rw�,n%n �oo� AUG 2 8 2014 ZONING BOARD OF APPEALS Name 3of Applicant or Sponsor: j Telephone: 7.. _ t� k M . N`ckal s E-Mail: J R `/• Cel Addres . 191-7 Garro I I A--Menu City/PO: State: Zip Code. err: IV • Y. I( " 1 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: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? 6MS c.Total acreage(project site and any contiguous properties)owned uu or controlled by the applicant or project sponsor? •L"k4 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial WResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO Y N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? N 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? �f NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? RECEIVM NOr YES If No,describe method for providing wastewater treatment:�11G 2 R 2014 12. a.Does the site contain a structure that is listed on either the SgfXa1R6toric N 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 NQ YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban XI.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? YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NQ YES If Yes, a.Will storm water discharges flow to adjacent properties? KNO❑YES b.Will storm water discharges be directed to established conveyance systems(ru ff and storm drains)? If Yes,briefly describe: NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing orN YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE O THE BEST OF MY KNOWLEDGE Applicant/sponsor ' (� �r�C YtO�� Date: �� Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials s6y the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer ou a guided by the concept' ave my responses been reasonable considering the scale and context of the proposed AU actio o?'� 014 ,!&-7n Noor Moderate ZONING BOARD OF APPEAL ,small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact 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. 6, RECEIVED AUG 2 8 2014 ZONING BOARD OF APPEALS ❑ 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 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emulovees.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. YOURNAME : AJ I r,&A Is k (Last name,first name,middle initial,unless you re 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 APPLICATIO . (Check all that apply) / Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation 'ch 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 acorporat on) C)an officer,director,partner,or employee of the applicant;or RECEIVED D)the actual applicant DESCRIPTION OF RELATIONSHIP IIG 2 $ 2014 ZONING 130ARD OF AD" Submitted this day of d,201+ ----"'— Signature PETER BOOTH Print Name kkA S�116911_5 Notary Public,State of New York No. 01 B06092004,Suffolk C Term Expires May 12,20-P Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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# 1613 The Application has been submitted to(check appropriate re spo e): Town Board Planning Dept. [E Building Dept. Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity,agency regulation, land transaction) FE (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit, approval, license,certification: I/ /7 d, Nature and extent of action: f d iM Wt'-n p RECEIVED AUG 2 8 2014 ZONING BOARD OF APPEALS Location of action: g3(7 DPPfQ AM &/O(Mit to Ji Y 9-u Site acreage: Present land use: R°S�CQFn' ir Present zoning classification: •'4'V 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: VU (b) Mailing address: 19:91-1 Cr I P p A-C^K _'e f I CV, T 11% (c) Telephone number:Area Code( ) El 6 701�' 15192.9z Ce 11 3`173 0 5-"-tV {j (d) Application number, if any: Pllec-4- Will the action be irectly undertaken, require funding,or approval by a state or federal agency? Yes 1:1 No If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use 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-P icies Pages 3 through 6 for evaluation criteria ` ❑ Yes ❑ No (Not Applicable-please explain) RECEIVED TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health , SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 I l Planning Board approval FAX: (631) 765-9502 /0 Survey SoutholdTown.NorthFork.net PERMIT NO. RECEIVKheck Septic Form AUG 2 8 N%S.D.E.C. Trustees n� ZONING BOARD �l op op Aaation Examined ,20 Single&Separate Stone-Water Assessment Form Contact: Approved ,20 Mail to: /�17 C(�:.^r.<!� Avf Disapproved a/c - ��r 'r'le Phone: 3-W" 5?5"' YQ 71, Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Date 7 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector Will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after,the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Dep ent for theissuanceof a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk Cqunty, iew,York,and other appligable Laws,Ordinances or Regulations, for the construction of buildings,,additions,or alterations or for removal or demolition as,herein described. The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. --J6,6 M (Signature of applicant or name,if a corporation) N/ (Mailing address of applicant.) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder at`c',J2W 1Y 86 16 C.0{c 4eq at' lo 5':,' Name of owner of premises M le H4 11 (As on'the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on w ich proposed work will be done: House Number Street Hamlet � u CountyTax Ma No. 1000 Section �L: P � Bia�k; �`� Lot Subdivision Filed Map No. Lot 2. tate existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy C13. tended use and occupancy j C," Uit'G/ e . CC 3. Nature of work(check which applicable):New Building t Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units_ __ _ Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height_ Number of Stories Y 8. Dimensions of entire new construction: Front 'Rear %th V. Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded?YES V NO Will excess fill be removed from premises?YES 7NO �14.Names of Owner of premises &Vf � '4c t S Address !2 Phone No. 3Y7' Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BEyIRED. b. Is this property within 300 feet of a tidal wetland?.* YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on propery is at 10 feet or below, must provide topographical data on survey.) ^ 18. Are there any covenants and restrictions with respect to this property? * YES NO %. /RECEIVED * IF YES,PROVIDE A COPY. STATE OF NEW YORK) AUG 28 '014 COUNTY O �v �:"" SS: ZONING BOARD OF APPEALS being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. S-w-�orn�Dto before me this _LCL—day of 20 CONNIE D.BUNCH Notary Public o ary u ,State of No ` No.01BU61M50 Signature of Applicant 1 Qualified in Suffolk County, 111 Commission Expires April 14,Z-� FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . .Z-1,0456. . . . . . Date . . . . . .Qpr.i.l. 1.4. . . . . . . . . . . . . . . . .. 19 .$! THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . A3,0.Deer Foot Path _ Cutchogue, N®w York House No. 8tieei hlam/ei County Tax Map No. 1000 Section . . . 103 . . . . .BIock . . . . 0.4 . . . . . . . .Lot . . . . . . . . . . . Subdivision . .Moose .Cove . . . . . . . . . . . . . . . . .Filed Map No3230. . . . .Lot No. 20. . . . . . . _ . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . .aato.ber. .1.6 . . . . , 19 .$Qpursuant to which Building Permit No. . . . .109332 dated . . Jac tobe.r. .21.,. . . . . . . . . . . . . 1980. ,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . . . . . . . Pl!ivate► .0ae. .I740UY. V QII�Ag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to .Eileen. M. .L®mbeek (owner;�t�eanre�of�rren!}-- of the aforesaid building. Suffolk County Department of Health Approval . . . 9.--s4-28 ,Rob®rt, A. ,Villa F.E. 4/8/81 UNDERWRITERS CERTIFICATE NO. . . . . )151174.9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 (RECEIVED AUG 2 8 2014 ZONING BOARD OF APPEALS io f, .� 1. .. � r • v� l�n�Gxw IiG a 7 i ilgMnwi �M a,r. ' Pi�,1} �,V,'; t_� 1 1wall•' ...ti N. vwow 431 5 " rnn I i i Tr. 17i llll 11�IIIIIIw " M f. lie 'p4. OJ ZIM '+w a' 4 �.'^�,., In +i�..� -�. 1■1 // Y nF • it rG�i.. - wili r e. TOWN OF SOUTHOLD, NEW YORK DATE .11/19/79...................... ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2 6 3 0 Dated Oe tober 5, 19 7 9 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Eileen M. Lembeck Appellant 447 Greene Avenue Sayville, New York 11782 at a meeting of the Zoning Board of Appeals on November 15, 1979, the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (XA Request for a variance to the Zoning Ordinance Article III, Section 100-31 1•X3E=2PJYJK3MMEX7M By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:35 P.M. (E.S.T.) Upon application of Eileen M. Lembeck 447 Greene Avenue, Sayville, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct dwelling with insufficient rearyard setback. Location of property: Deerfoot Path, Cutchogue, New York; bounded north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. (SEE REVERSE) 2. VARIANCE.By resolution of the Board it was determined that 7 / (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary R�E � hardship because (SEE REVERSE) AUG 2 8 ?014 ZONING BOARD OF APPEALS (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED ZONING BOARD OF APPEALS FORM ZB4 c ��, Chairmanoard of eats After investigationinspection the Board finds t the applicant wishes to const ct a building with an insuffic* rearyard setback of 33-1/2 feet. However; in the sketch sub- mitted with the application, the proposed dwelling shows a insufficient frontyard setback of 49'9", for which no applica- tion has been made for. Therefore, the Board agrees with the reasoning of a rearyard setback, to be not less than 33 feet (not the 33-1/2 feet as proposed) . The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion made by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that EILEEN M. LEMBECK, 447 Greene Avenue, Say- ville, New York 11782, be GRANTED a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with insufficient rearyard setback, SUBJECT TO THE FOLLOWING CONDITIONS: (1) That the building be set back from the rearyard line not less than 33 feet; (2) That all other setbacks conform to the Zoning Code. Location of property: Deerfoot Path, Cutchogue, New York; bounded north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. i {2ECEIVED AUG 2 8 2014 ZONING BOARD OF APPEALS RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE//M/7 9 HOUR /o,-,3,5,4 rn Town Clerk, Town of Southold_ TOWN OF SOUTHOLD, NEW YORK DATE 9/27/79 ACTION OF THE ZONING HOARD OF APPEALS Appeal No. 2594 Dated August 30, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Eileen M. Lembeck Appellant 448 Greene Avenue Sayville, NY 11782 at a meeting of the Zoning Board of Appeals on' September 27, 1979 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ()0 Request for a variance to the Zoning Ordinance I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph I..........I..... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:20 P.M. Upon application of Eileen M. Lembeck, 448 Greene Avenue, Sayville, New York 11782, for a variance to the Zoning Ordinance, Article III, Section 100-31, Bulk & Parking Schedule, for permission to construct a dwelling with insufficient frontyard and rearyard setbacks. Location of property: Deerfoot Path, Cutchogue, New York; bounded on the north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. (SEE REVERSE) . 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE. (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because r RECEIVED J SEE REVERSE. (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) AUG 2 8 2014 change the character of the district because ZONING BOARD OF APPEALS SEE REVERSE. and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED ZONING BOARD OF APPEALS FORM ZB4 h81rfl1a Oard of Pals After investigation and inspection, the Board finds that the applicant's request for front and rearyard setbacks seems to be not within the pattern of the neighborhood. It appears that the same size house could be placed on the lot without a variance if it were arranged differently on the lot. The Board does not agree with the reasoning of the applicant. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hard- ship created is not unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighbor- hood and will not observe the spirit of the Ordinance. On Motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that Eileen M. Lembeck, 448 Greene Avenue, Sayville, New York 11782, be DENIED a variance to the Zoning Ordinance, Arti- cle III, Section 100-3-f—, Bulk & Parking Schedule, WITHOUT PREJUDICE for permission to construct a dwelling with insufficient frontyaid and rearyard setbacks. Location of property: Deerfoot Path, Cut- chogue, New York; bounded on the north by Fitzpatrick, east by Deerfoot Path, south by Jester, west by Leskody. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. RECEIVED WG � zm4 _'--`-- pNING gpARO OF PPPEPL' RECEIVED AND FILED gy Z Tim SOUIHOLD TOWN CLERIC DATE/p/-311J H0UR�,a4 4. Tows Clerk, Town of Southold Barbara and Joseph West August 27, 2014 875 Deerfoot Path Cutchogue N.Y. 11935 To whom it may concern, I live at 875 Deerfoot Path in Cutchogue directly across the street from Kyle and Christine at 830 Deerfoot Path. I have known Kyle and Christine for about 8 years and they are very nice and respectful neighbors. Kyle has told me about his plans to apply for a variance to put a pool in his side yard and asked us if we have any objections or concerns about doing so. We told Kyle that we could not wait till he puts the pool in so that we can take a dip on the hot summer days! We absolutely have no concerns at all about Kyle and Christine putting a pool in. Joe and I feel that it would look beautiful across the street. Thank you, 41LI" 67// � (63/--73 y or 7q� RECEIVED AUG 2 8 2014 ZONING BOARD OF APPEALS Rudolf and Jacqueline Lonk August 27, 2014 25 Moose Trail Cutchogue N.Y. 11935 To whom it may concern, I live at 25 Moose Trail in Cutchogue which my rear yard is adjacent to Kyle Nichols side yard at 830 Deerfoot Path in Cutchogue. Kyle has spoken to me about his plans to apply for a variance from the Town of Southold to place a pool on his side yard which faces my rear yard. Kyle has asked me if I have any concerns or problems with moving forward with the variance or the pool to be put in his side yard. I would like the town to know that I have no concerns or objections to Kyle and Christine putting the pool in the Yard. Kyle and Christine are good neighbors and I can not see any reason for them not to put the pool in. Thank you, RECEIVED AUG 28 2014 ZONING BOARD OF APPEALS V3 TOWN OF SOUTHOLD 106PERTY RECORDS CARD E �� 6 ( 16110.JTREET-:F,,3 0 VILLAGE DISTRICT SUB. LOT j Cf Witt" Flo 4t(14- FO ER OWNER, (=t'n ne.i-4� * ,z. N E ACREAGE e r r an 4 Tnp& . ' S L..Z-nbE'c�, S W TYPE OF BUILDING 4 Ntq LD e mno 4 �V)'r RES. SEAS. VL. -- FARM COMM. I IND. ( CB. I MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS el. p 6 K alw ?' � r t6 - 7,1- 4+� 2 lM�t . C 4-1ef ' V to 32-3 d Q � r� X701 /loo CA+ r/ o QG��s /P ftyf! f``e) ��', / �' it i � 1131/�G 2 m cs a o(2 3-6,00 *300 . ji J y h 1 ,' 4AOiloc AGE BUILDING CONDITION -7/1 *-6S erl- -C,.,O NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD p ' Tillable 1 BULKHEAD r♦ Tillable 2 DOCK Tillable, 3 0 14 h 136 Woodland cZi n o �^ y , Swampland � n y + _ !'„t F tr! A �°� Qlu IV Brushland 0c .. (0 2 L House Plot m G Tota I , Y I i i�4 } I g I , I 1 o I w o I I 103.4-4 3/13 M. BId9IS i vT ! Foundation i Bath Extensio �,4 x; Basement S/� Floors Extensio ` 3 Ext. Wallsy ` Interior Finish ; .5, , Ext �i n % �': ,¢� -- i ° I 1 6 f Fire Place f Heat /ZO Porch Roof Type 1 j o � S a -79 Porch Rooms 1st Floor gay Patio Rooms 2nd Floor j Garag , � Driveway Dormer - I� O. B. I I -�Z22A fIJ } to ct 3 S'-$ 5O��SUFFO(,��o ELIZABETH A.NEVILLE,MMC �y Town Hall,53095 Main Road TOWN CLERK C P.O. Box 1179 W Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .F Fax(631)765-6145 MARRIAGE OFFICER y `► RECORDS MANAGEMENT OFFICER ��l �a� Telephone ldt 765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 3, 2014 RE: Zoning Appeal No. 6795 Transmitted herewith is Zoning Appeals No. 6795 of Kyle M.Nichols-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, Application for Building Permit dated 8/7/14,Notice of Disapproval dated 8/18/14, Certificate of Occupancy, 2 pages of photos, Action of The Zoning Board of Appeals No. 2630 dated 10/5/1979,Action of the Zoning Board of Appeals No. 2594 dated 8/30/1979, Letter from Barbara and Joseph West dated 8/27/14, Letter from Rudolf and Jacqueline Lonk dated 8/27/14,Town of Southold Property Card, Drawing of Pool by James Deerkoski, Drawing of Pool, Survey for No. 3230 dated 8/30/1960. * * * RECEIPT * * * Date: 08/29/14 Receipt#: 177387 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6795 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#4931 $500.00 Nichols, Kyle M. Name: Nichols, Kyle M. 1817 Carroll Avenue Merrick, NY 11566 Clerk ID: SABRINA Intemai ID:6795 0 0 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/29/14 ZBA # NAME CHECK# AMOUNT TC DATE STAMP RECEIVED 6795 Nichols, Kyle M. 4931 $500.00 AUG 2 2014 Southold Town Clerk $500.00 By _lc_ Thank you. Kyle Nichols October 7,2014 (� 1817 Carroll Avenue l�/ Merrick N.Y.11566 �IECEIVED OCT Reference:N679S Nichols t3OARD OPAPPEAL S Dear Vicki, I had a variance hearing on October 2,2014 and the board wanted clarification on the level of sound form the pump and heater as well as what type of system I was using to determine if I need a drywell or not. I have enclosed the letter from the pool company answering all questions for the board. If you need anything further please feel free to contact me at your earliest convenience. My telephone number is 516-705-5192. Thank you, Kyle Nichols III C • 0 DUNRITE 3510 Veterans Memorial Higbway Bohemia New York 11716 �/ I Rao=(631)585-1,646(soimia) RECEIVED Phone;(6311)5434616(Sr Wthlown) Fax:(631)585-0253 OCT R /01 p October 7, 2014 BOARD OF APPEALS KY16 and Cheistine Nichols 830 Deerfoot Path Cutchogue, NY 11935 [dear Mr. and Mrs. Nichols: This (enter a 1, resses concerns the Town of Southold has pregarding,the issuance to a permit to build a'swimming ool at the above address. Please be advised of the folto`wing. The pool filter to be used is a Hayward 04030 425 square foot cartridge filter. This filter is designed to hotel all of the dirt for the season and requires no backwashing. The cartridges are simply hosed off at the end of the season. Since this filter does not need to be backwashed, no drywell is required, The pool pump is a Hayward SP3200VS Tri Star VS Pump. The pump is a 1.85thp pump which performs at 50-60 decibels when the pump is running on high speed (34$0rpfn). Thepump is sized to run for 20 hours per day at a speed of 1750rpm. This speed is sufficient to circulate the water comple-fely in a 24 hour period and is enough to operate the salt system and heat pump. At 1750 rpm the pump is virtually silent. The pool heat pump is an AquacaI SQ155 Super Quiet heat pump. This heat pump utilizes a large slow rotating fan blade and a completely insulated Scroll compressor. The heat pump operates at 55 decibles which is virtually silent at 16 feet away. In short,care has been taken to assure that no sound from the pool equipment is heard from any neighboring properties. If you have any additionalconcerns, I am available at 631.55.1618 or keith@dunritepools.com. Sincerely, .Keith Beebe,CPB, CST Genevieve Leskody August 27, 2014 y V 1455 Beebe Drive Cutchogue N.Y. 11935 To whom it may concern, I live at 1455 Beebe Drive in Cutchogue and my yard is directly behind Kyle's Yard at 830 Deerfoot Path in Cutchogue. I have known Kyle for many years and even attended his wedding 10 years ago. Kyle bought his house about 11 years ago and has been a wonderful neighbor. Kyle has spoken to me about his plans to apply for a variance to put a pool in his side yard because there is not enough room in his rear yard. He has asked me if I have any concerns or objections to him doing so. I have told him that I have no concerns what so ever and that I would not care if he put a pool in the yard. I think it would be nice to hear his children laughing and playing in the pool. Thank you, r BOARD MEMBERS 0 QF $0(/r Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�l 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing '�c� • ,^�aa�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'''roum 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, OCTOBER 2, 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. OCTOBER 2, 2014: 10:40 A.M. - KYLE MATTHEW NICHOLS #6795 - Request for Variance from Article III Section 280-15 and the Building Inspector's August 18, 2014 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at; partial location other than the code required rear yard, located at: 830 Deerfoot Path Cutchogue, NY. SCTM#1000-103-4-4 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.TothO-Town.Southold.ny.us Dated: September 8, 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 A qe ZONING BOARD OF APPEALS • MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net September 8, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, October 2 , 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 September 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new 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 todeliverthe lettertothe 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 September 22nd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled 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 September 24st: 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 September 30, 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. a 0 NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME NICHOLS, KYLE #6795 MAP # 1030=4=4 VARIANCE YARD LOCATION � REQUEST CONSTRUCT ACCY IN -GROUND SWIMMING POOL DATE : THURS , OCT. 2 , 2014 7 0 :40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . � ZONING BOARD -TOWN OF SOUTHOLD 765-1809 q r ' TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS N����lo� S -Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, H: A)'4W i' residing at New York, being duly sworn deposes and says that: 7 Ca rM Awn u le l Onthe // day of Sep*M lX r , 201 I personally mailed at the United States Post.Office in err,'c/< , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners�Asysessors, n on the current assessment roll verifiedfrim the official records on file with the( 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. 4YA 4 (Signature) Sworn to before me ' day of $ 20 /,/ __. K4141M A.QALPUM NNwy PON&%41mis d Nrw Yb* llil►41aA60�i110 omdftd in meow__� i/ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. J 103 - 9 3 �Pn U,`e ve 2 eSkody fiudcq� Q,,d Tai vl,�7e Lan K 155 /3eeke Orfwe -) 5 HoG ,Y. � l � 3S Se �a 1 e- N Cud--A05 W O ' Y. 193,5' Se,bJ- 4o Da+k Mressc°S /D3 — q--- j 3-M4 \/ ,C+lo 03- M, , r. f,` �- z �a ;c l� 644 r ha-Cl tf- So see l) l &�& < < Ctk4-cko uP /V - V, 11935 cud u NtS✓ Cl dr A y } 75 Ofer-foo4 Pa�/l + aSsPS� 5 Thank you, Kyle Nichols S'wr�rn hem , h y Kyle �cl�v js PostalNNW- Now Postal CERTIFIED MAILT. RECEIPT CERTIFIED MAILT. RECEIPT It -0 (Domestic Mail Only;No Insurance Coverage Provided) Is- rU Ir (Domestic Mail Only; - r`- ■ M Postage $ >>_ 4 r r_•=:C rll: r M Postage $ 1:1:4i. --� `� Certified Fee ., -.- �`� ,n r_ J Y Po rk Certified Fee :t': ?;; C7 I.j, C3 Return Receipt Fee k G ^P U ' p (Endoreem�M Required) 7Q 1 p Realm Receipt Fee N, Here C3" 1 1)Restricted Delivery Fee p (Endorsement Required) ?Q '"" 1 ..�' sew (Endorsement Required) $0,Q0 (y�' p Restriaed.Delivery Fee Cq C3 �a. a` �'� (Endorsement Required) Q,(t) p Total Postage&Fees Is C3 in Total Postage&Fees :j.49 Q`I J i1 20j 4 j Sent To & h e V r P V f r• . e J2N 5�Y(C�ot 1 -- Sent To -r StreAwt N.;------------------ --------------- - heet ApNo.; o tl VL -- uC 911 It ----------- M or PO Box Nopor PO Box NoMCfc5c7rOfr---------------------- ------`y .__CJty SateZIP+4 (93 . - ------ PS Form 3800,August rr. "Pe-,J /j .Y. 1c43 ons See Reverse for instructions PS Forin :11 August 2006 Id- -- _ U.S. Postal Service,,, U.S. Postal Service,. CERTIFIED MAIL,. RECEIPT CERTIFIED MAII-Tr, RECEIPT "B (Domestic • Provided) 0' Q' Only; CO N � I A L U S EM7 ru r-3 r, Postage $ :�> i:=' Q ,f.( m Postage $ I;'7:19 C)La r Certified Fee T,:, Ln C3 -_•�=' `t( - j Certified Fee `'.,V1 C3 Return Receipt Fee - Ostmarkoerim "-' :: P +� C3 (Engoreement Required) w'.7Q Here p Return Receipt. j p (Endorsement Required) Here V C3 R4Rlcted Delivery Fee (Endorsement Required) t,t!ij % p Restricted Delivery Fee tr r C3p (Endorsement Required) (l Total Postage&Fees ,; r� Lr) $ '.4; G.�'1�. 4 _ -`" In TotelPostage&Fees $ $ 45'/11!x'1.4 t To p Street dPt ME-; C3 r 1-c'\ Sent To � � J ------------------ pra ------------------------ - ' =_ or PO Box No. Ego e,er f oO4 Pm p S`treet,iipt No.; r - ------- ------ or PO Box No. CIry,State,ZIP+4 1i'JG'T----PQ* - Yc l '7 City,State.ZlP+4 - P- I-orm 3800.August 2006 See Reverse for Instructions A) f9— :$r August 2006 See Reverse for Instruction; U-S. Postal Service,,, 103CERTIFIED MAI LT. RECEIPT U.S. Postal — fn Do Only; M (Domestic rU Only; M1 C7 L 1 delivery nj r� Postage $ 40.49 0567 �0� 1ru 7-1W• '° .t! t5C- IAL UTEM Certified Fee $3.4," Iti 5 m Postage $ >(jA� C3 ads ►n Certified Fee n._,•�J 1 C3 Return Receipt Fee % rr \I C3 tEndorsemeM Required) $^� .p o f p a � 0.1 p Return Receipt Fee �# +� C3 Restricted Delivery Fee r, X p (2ndorsement Required) ry:74 ere (j) (Endorsement Required) $$0� + �L C3 �/ � p �estdded Delivery Fee r-1 Total Postage&Fees $ $6 09 p (Endorsement Required) j QQ J Ln C3 / Total Postage Fees $ r5,taV1 nt o ( t --� rl �i �- --- C --Pod---�--- ---L�------------ - a p � Streetraia57; �t y'-/" sent Tv �P i Robet+ Oe>rask C] or PO Box No. 2 0.-L9 O m �j i r� Street,Apt No's !1_-`---------------------------------------I ------------ [� $ - -- City,State.ZIP+4 rte'`l // r or PO Box No. 9 75 pe'p t�00+ PS Form :$r August 2006 See Reverse for instructions C/l} State,ZIP+4 N Y, t 7 PS Form 3800,August 2006 See Reverse for instructions TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUT-IOLD.,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING f (k ' (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 103 y - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing.at 4/1 facrol( X vetzaeo 1/5'LcS New York, being duly sworn, depose and say that: On the 3 day of_S; atjpr ,201'f, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of--way entrance,* and that I hereby confirm that the Poster has remained.in place for seven(7)days prior to the .date of the subject hearing date,which hearing date was shown to be nclo bec .z, av (Signature) Sworn to before me Ihis Zara . Day of,41. ' 201 y �:C,1 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. 0 # ( -jq� Kyle M. Nichols September 12,2014 1817 Carroll Avenue Merrick N.Y. 11566 Reference:#6795 Nichols To whom it may concern, My name is Kyle Nichols and I am sending this letter in reference to my variance hearing on Thursday,October 2,2014 at 10:40 A.M.. My SCTM#1000-103-4-4. The reason I am writing to you is to verify certain requirements which need to be completed. Please find enclosed a copy of the cover letter sent to all neighbors marked by your office on the site map as well as the receipts from the post office for the certified mailings stamped on the date sent. Also in this package is the Affidavit for the mailings with all of the neighbors addresses listed on the back which were verified by Kathy at the Assessor's office located at Town Hall in Southold. I have also enclosed an original and eight copies of a letter dated August 27, 2014 from Mrs.Genevieve Leskody section 103 lot 4 block 2 to please be placed into my file. The following are the address's where the LEGAL NOTICE,SITE PLAN,and COVER LETTER were sent to: 103-4-2 103-4-3 Genevieve Leskody Rudolf and Jacqueline Lunk 1455 Beebe Drive 25 Moose Trail Cutchogue N.Y. 11935 Cutchogue N.Y. 11935 This mailing was sent to both the house and address verified by Kathy at the assessor's office 103-4-5 103-4-5 M.E. Fitzpatrick Michael and Victor Fitzpatrick 680 Deerfoot Path 2029 6011 Street Cutchogue N.Y. 11566 Brooklyn N.Y. 11204 103-4-6 103-4-7 Barbara and Joseph West Antoinette and Robert Doroski 975 Deerfoot Path 975 Deerfoot Path Cutchogue N.Y 11935 Cutchogue N.Y. 11935 679 _ lU SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete items 1,2,and 3.Also complete A.7P���� ressee item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X so that we can return the card to you. B. ivedy(Printed Nam C. Date of Delivery ■ Attach this card to the back of the mailplece, [�aA , or on the front if space permits. `wd D. is delivery address diff from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No . y S5 deek �r�✓e pr 1 C 11935, 3. O Ceredfled Mail ❑Express Mail Registered ❑Return Receipt for Merchandise Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service labeq 7 014 0510 0000 5 312 7826 PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-150 i' P3 COMPLETE • 7A- SIgnature■`Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so tha;we can return the card to you. ped by nteda of live ■ Attach this card to the back of the mailpiece,, or on the front if space permits. �— D. Is delivery address different from Item'l? Y 1. Article Addressed to: If YES,enter delivery address below. ❑No Ru�ol� oZ5 M0p$�„ T'Pai 1 Gk+c�►o5ue N`� l 193-5 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Exna Fee) Ci yes 2. Article Number (Transfer from service labeq Ps Form 3811,February 2004 Domestic Return Receipt 102595,W-M-1546. /03 q, - 3 SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete 7Recelved Signature13 %: Agent item 4 if Restricted Delivery is desired. [3 Addressee 77 ■ Print your name and address on the reverseso that we can return the card to u.; by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailp , or on the front if space permits;! D Is delivery address different from item 1? d Yes t. Article Addressed to: AND., If YES,enter delivery address below: [3No z PO4r�cl 2 Qc'g e� 3. Service Type 6d /h r fI I�oLl_ ❑Certified Mail ❑Express Mail QroQ�t 9 n /`r • l T ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted❑al1vwv9 xvhn Fmk Q Yes 2. 102595.0244540 PPS yk, Y*._ {a 't 9' x $k � 679 N � SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatujp item 4 if Restricted Delivery is desired. 6 Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(P►fnted e) Date oflivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different frim 1? es If YES, ter deliveryadd ou No C.go Deem 4 P � O V � u P •�` ���J 3 ce Type [3Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number /�y Mansfer from service/abed 05"10 0060 S� 2, :A6 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 10-3 '- -5 I 1; SENbER: COMPLETE THIS SECTION COA17PLETE THIS SECTION ON DELIVERY I I 1 I I ■ Oomplete Items 1,2,and 3.Also complete ASI re item 4 If Restricted Delivery is desired. XV ❑Aged. ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. eceivad by(Prin Name) Date of Del ■ Attach this card to the back of the mailplece, or on the front if space permits. i ciftent 1. Article Addressed to: H YES,enteIs delivery r delivery address ❑No U cs, �ar bafq +Sos*ph Wes 975. 94+1 GK,+�•«�Kr N��• 11935 3. ,yps ❑certified Mall ❑Express Mail ❑Reglstbred C]Return Receipt for Marcharndise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2,Article Number (Transferfiom swVfcelabeq 7 b I - D��d PS Foran 3811.February 2004 Dorrlestic Return Receipt 102595.02-Wises 103 SENDER: • SECTION COMPI-FTL THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Sign re item 4 if Restricted Delivery Is desired. 13 Agent t ■ Print your name and address on the reverse Addressee so that we can return the card to you. g, Received by(printed Name) '71,verysse ■ Attach this cans to the back of the mallpiece, or on the front If space permits. �0 2 of B 1, Article Addressed to: D.Is dO[Wry address different from item l?If YES,enter delivery address belo�A40 0o `�75 seerte- P&A � C�'�c�tx�ke N'Y• 119735 3. service type D cereltied Mali ❑Express Mali 13 Registered O Return Receipt for Merchandise O Insured Mail 13 C.O.D. 4. Restricted Delivery?pdra Fee) ❑Yes 2. Article Number (Trensferfrom service/abed d I 057/ 0 066b 'Z { PS Form 3811.February 2004 Domestic Return Receipt 1025$5 02 M A �r Kyle M. Nichols September 23,2014 1817 Carroll Avenue Merrick N.Y. 11566 Reference.#V-95 Nichols To whom it may concern, I am sending this letter in reference to my variance hearing on Thursday.October 2014 at 10:40 A.M.. My SCTM 91000-103-4-4 The reason I am writing you is to verify all return receipts from the certified letters that were sent in regards to my variance hearing. As of today all letters have been received by each of the neighbors. Enclosed you will find the last and final receipt from my neighbor and I ask if you could please include it with the others in my file. Thank you, Kyle M. Nichols #11884 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 25th day of September, 2014. DORIS L. WILLS TRUST#6794- Request for Variances from Articles XXIII and XXII,Sections 280-124 and 280-116B•and the Building 7Principal Clerk Inspector's August 4,2014 Notice of Dis- approval based on an application for a LEGAL NOTICE deck addition to an existing single fam- SOUTHOLD TOWN ZONING ily dwelling,at;1)less than the code re- BOARD OF APPEALS quired single side yard setback of 15 feet, THURSDAY OCTOBER 2,2014 2)less than the code required bulkhead PUBLIC HEARINGS I setback of 75 feet,located at:1815 Bay- day Of 2014. NOTICE IS HEREBY GIVEN,pur- shore Road(adj.to Pipes Cove)Green- suant to Section 267 of the Town Law port,NY.SCTM#1000-53-4-8 and Town Code Chapter 280(Zoning), 10:40 A.M. - KYLE MATTHEW Town of Southold,the following public MCHOLS#6795-Request for Variance hearings will be held by the SOUTH- from Article III Section 280-15 and the /► OLD TOWN ZONING BOARD OF Building Inspector's August 18,2014 No- APPEALS at the Town Hall, 53095 lice of Disapproval based on an applica- UIR INA VOLINSKI Main Road, P.O. Box 1179, Southold, tion for building permit for accessory NOTARY PUBLIC-STATE OFNEIN New York 11971-0959,on THURSDAY in-ground swimming pool,at;partial lo- PORK OCTOBER 2,2014. cation other than the code required rear _ No. 01V06105080 9:45 A.M. - MICHAEL RANsnN yard,located at:830 Deerfoot Path Cu- yard,5 accessp garag proposed in ry a 1AS ML. . .LAM R GRF.L r A #6753-(adj.from August 7,2014 PH) t-hogue,NY.SCTM#1000-103-4-4 a location other than the front (water` r and GARY D. OSBORN#6773 - Re- Request for Variance from Article XXII 11�OOA.M.-RY N �.t L TINA front)or rear yard,located at:8100 In. quest for Variances from Articles XXIII, Section 280-116B and the Building In. WIISBER.#6796- This is a request than Neck Lane(adj.to Hog Neck Bay) XXII and III,Sections 280-56,280-116B spector's March 17,2014 Notice of for for a Waiver of Merger under Article II, Peconic,Ny.SCrM#1000-86-7.9 and 280-14 (Bulk Schedule) and the approval based on an application for Section 280-10A,to unmerge land iden- Building Inspector's August 7, 2013, building permit for"as built"accessory tified as SCTM#1000-122,5-23.4,based - -Request amended and renewed May 19, 2014, structures (shed/deck), at;,1) less than ou the Building Inspector's September 2, for Variance from Article XSection 280. tended June 2, 2014, amended July the code required bulkhead setback of 2014 Notice of Disapproval,which states 46(Bulk Schedule)and the Building In- 14,2014,Amended September 17,2014 75 feet, located at: 8740 Peconic Bay adjoining conforming or nonconform- spector's June 23,2014 Notice of Disap- Notice of Djaapproval based on an ap- Boulevard (adj.to Great Peconic Bay) ing lots held in common ownership shall proval based on an application for build- plication for building permit for partial Laurel,NY.SCTM#1000-126-5-2.1 j merge until the total lot size conforms mg permit for additions and alterations demolition, reconstruction, additions 9:50 A-M - DOUGLAS And L.F.F. ' to the current bulk schedule(minimum to existing theater building, at; 1) less 'and alterations of an existing single fam- BIVIANO#6760-(adj.from 9/4/14 PH) 40,000 square feet in this R40 Resi- than code required rear yard setback of ily dwelling,at;1)less than the code re- Applicant requests a Special Exception dentia!Zone District)this lot is merged 25 feet,located at:12700 Sound Avenue q�ed front yard setback of 35 feet,2) under Article III,Section 280-13B(13). with lot 1000-122-5-23.5,located at:3549 Mattituck,Ny.SCTM#1000-141-4-32.4 less than the code required single side The Applicant is the owner requesting and 4095 Ole Jute Lane Mattituck,NYIFN yard setback of 25 feet,3)less than the authorization to establish so Acces-truc- SCTM#x1000-122-5-23.4&23.5 WALDEN#�S79n. This is a request for cede required combined side yard set. tory Apartment in as accessory stru a 11.20 A M. - BA RARA ADAMS a Waiver of Merger under Article II, back of 50 feet,4)more than the code cure,located at: 1125 Pequash Avenue and JAN NICHO sup'(CVl #6792 Section 280-10A,to unmerge land iden- permitted maximum lot coverage of (corner Willow Street) Cutchogue,NY. - Request for Variances from Article tified as SCIM#100041--l-14,based on 3096,5)less than the code required bulk- SCTM#1000-103-7-20 XXII Section 280-116B and Article the Building Inspector's May 15,2014 head setback of 75 feet,6)more than the 10:00 A.M. - MICHELLE PELLE. XXIII Section 280-124 and Section 280- Notice of Disapproval,which states ad- code permitted 2 stories,located at:1200 TIER #6784 - (Adj. from 9/4/14 PH) 15M and the Building Inspector's May joining conforming or nonconforming First Street(adj.to Great Peconic Bay) Request for Variances from Article III 28,2014,amended July 29,2014,amend- lots held in;common ownership shall New Suffolk,NY.SCTM#1000-117-7-30 Section 280-15 and the Building Inspec- ed August 4,2014 Notice of Disapproval 1 merge until the total lot size conforms LAS P.M.- F.L LAM F GRLA tor's July 18,2014 Notice of Disapproval based on an application for building per- f to the current bulk schedule(minimum and GARY D.OSBORN#6789-This is based 'on an application for building ( mit for partially demolish and relocate 40,000 square feet in this R-40 Residen- a request under Section 280-146D for an permit for 'as built' accessory sheds an existing single family dwelling as an tial Zone District)this lot is merged with Interpretation of the Town Code,Article and hot tub, at; 1) proposed location accessory building,construct a new sin- lots 100041.-1-12&15, located at: 105 III,Section 280-14(Bulk Schedule),ap- other than the code required rear yard, gle family dwelling and construct a new Main Street,100 Wilmarth Avenue and pealing the Building Inspector's August 2) 10X10 shed located at less than the accessory garage,at;l)less than the code 1220 V rdmarth Avenue Greenport,NY. 7,2013,amended and renewed May 19, code required minimum side and rear required setback of 75 feet from the SCTM#1s1000-41:1-14,15&12 2014, amended June 2,2014, amended yard setback of 5 feet,located at:53(aka bulkhead,2)less than the code required ]aZll P.M.-DF.L+Oq FNq gp LqF July 14,2014,revised September 17,2014 350)Osprey Nest Road(corner Harbor front yard setback of 40 feet,3)less than 1-This is a request under Sec- Notice of Disapproval building permit Road)Greenport,NY.SCTM#1000-35- the code required rear yard setback of tion 280-146D for an Interpretation of for partial demolition, reconstruction, 6.17 140 feet,4)accessory building in location the Town Code, Article VIII, Section additions and alterations of an existing other than the front(waterfront)or rear 280-38,"Permitted uses",appealing the single family dwelling,at;1)more than Building Inspector's July 28,2014 Notice the cede permitted 2.5 stories„located of Disapproval for"as built"permit to at:1200 First Street(adj.to Great Pecon- convert the single family portion of an is Bay)New Suffolk,NY.SCTM#1000. existing non-conforming fitness club 117-7-30 building to a retail flower shop(not a The Board of Appeals will hear all Permitted use),located at:29325 Main persons or their representatives,desiring Road (Depot Lane) Cutchogue, NY. to be heard at each hearing,and/or desir. SCTM#1000-102-2-12.6 ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during.regular business hour;and prior to the day of the hearing. If you have questions,please contact our office at,(631)765-1809,or by email: Vicki. Toth@Town.Southold.ny us. Dated:September 8,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON BY Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(Mgiling/USPS) .P.O.Box 1179 Southold,NY 11971-0959 118844T 9/25 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQ1 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQ(fN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 October 17, 2014 Kyle and Christine Nichols 1817 Carroll Avenue Merrick,NY 11566 RE: ZBA Application#6795 Dear Mr. &Mrs.Nichols: Transmitted for your records is a copy of the Board's October 16, 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 \[A 9- D\4\— Vicki 1Vicki Toth Encl. Cc: Building Dept. NOQ O MATCH LINE MATCH EC NO SNE 12?- .-z'" O �on N 31a2e2 FOR PCL.NO. Ig 1 uIWN ip �.1 is VL SEE SEC.NO. llgglc. II I9 097-08-031.2 §' 'I / I - m 'a III 445 'A 3 2 4 z 6.'n 41 m rw J II a 3 2\1 w s 49 ,. 15� 6 / 172 s C 3 12A�c), 4 13 51 m (al NATURE `J MppgE 11 12 tal,n ,w 5 w ' 1 CONSERVANCY _ �• s1 2 4IS 23P 11P1c1 1 + ,a1 w ,°° s4 1.9A 16' a � TC'✓�OF 1 iA.I M1 tot 9 yp111 aer g g 19 s 1.1P1c)y I\e � 1 g T• 1 23 '°° X50•) rat 11P1c) 24 i AW LA. 29 w aay e ig �,.. ®1� 30" ,m 4 AVI $ IA7 26 3aA rn 36 m i L £ 32 3133 ° 4 1 A. 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