Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-22.-3-4
OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair 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 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 July 14, 2014 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 C --� V , � t�- 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.)11�isman Chairp By: _. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 30, 2014 Amended: June 26, 2014 TO: Windsong Cove, LLC c/o D. Januzzi P O Box 1672 Mattituck, NY 11952 i 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 per ola, pool house & inground swimming pool in a location other than the required yard. Also, the proposed 8' deer fence is noted permitted pursuant to Art.III, 280-105, Section C-3, Deer Fencing is prohibited in or along the front yard of any property. , 7 Authorized Signature PI 3 .,,,moo z F FOR POI SEE SEC MI -05.0 —'Z7_ MATCH amaawlP �.+ --Y"-- Isean Be.l"u. --"-- umess onA.,I PI�Mmst: P,awENraea NOTICE 4 � .awNa na eaa um --�-- Nff wTNH nIE FwioxNc pLSTRCIa� Moa C�mn tiw --w-- �KKy 2 aEY.ER WWD M/JNTEIMNOE,ALTEMTION, SALE OR M� R (21 ) �. WTMAP IS PRONIBOE 26 NTwuNn . DISTRIBUNON OF ANY PORTION OF THE a �/ c �a wworw Lix Hm�iaiDNrialw--ra*-- uC"T at YATBi — -- SUFFOlKCOUNTY TA%O _ v �Flse —�— WNOIW'n lino —�-- uuv 4vatre--A-- Part 65 n[rua[ HOUWR F ITTEN PERMISSION OF ME 2Tar .M�A3��y s-_ Fee:$ Filed By: Assignment No. L_, APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No._ SID Street.LSD. A ' ,/ Hamlet SCTM 1000 Section -.,7P --Block Oy Lot(s) 0-4 Lot Size 40 Zone f',,!�0 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Zo.Zo,14 BASED ON SURVEY/SITE PLAN DATED 9�1a/Z Applicant(s)/Owner(s): W/IV,d f'o'wG C B I/Et- , l /_ C: Mailing Address: 910 0.4 V,14 T 1-mAl U 27— a. &j2& /6 724&!¢lTtj_VL�l &Y`/ 952 Telephone: iW 2W- 4Z/4Fax: Email: dOANiV&,Zej 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: ng1/JpVNUZZ f for (>� Owner ( )Other: Address: & G_ RoX 1670 jy,9- TIDrV e /V -Y. Telephone: 631 421 ¢Fax: Email: !%ibn� �u�Z/ a�fY�ivf'iivt�,�'b�/. �9PJ2>c?ts coti`l Please check to specify who you wish correspondence to be mailed to, from the above names: () Applicant/Owner(s), 00 Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ZIZo/ Z and DENIED AN APPLICATION DATED• .z&z/ Building Permit () Certificate of Occupancy ( ) Pre -Certificate of Occupancy () Change of Use ( ) Permit for As -Built Construction O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article;.1// Section: Zdpo Subsection: /5 Type ofA peal. An Appeal is made for: KA Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): ,Qi1/I1,D,�R f� 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to�by , properties if granted, because: /oi�QPOJL�,� P0131, ptC/�'!>aGa, /�doL�Zt/.7'Z M/9 WlVmQk' jV o X" kV1(Z 40,�-5)7 M474-0 D Oiv .4 64,Y&V /'L D,0/A/G C-W,,d,6. 7-40 � r019 L L,EY.4j 414 ` e !�/?OrJ1� /'OGL W 6 !/Z,G 4E CC Al 1'17Zt/ C)ZO A,?- 4/ 41z -12,,t4 wJ)/4YG G�,E, 7h1,e vlJ'UAL /H/vw M - VY o r/4,P A5 /f/w/rr,Y L- �YdKTW, W.f.PTANp PVVFM VlREc970AS' #NV VE'l&L0%EW Zo VY'05.194s!` 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: T�,� �jZGppj��j �d DL AIV)% CVM -0 0)2- JAI aWA!5-A `d CA -77 MV / Jr 711,' AoC--5 T -'/7Z- AAW A CCvt-rl-AVAP-1 YENF. AW PkA'-'VNG, 7VO IYD,E YVIW G 0CW71&V W 0t/4!> ..0,f6V�i/��G�/!G �irr f u�I� , 11!.A 1 07 //?ZWA PT 'V)V9 A,EJi'l" ACeIr;S ' Po %JYtS IC dL i AV,' VV.0 3. The amount of relief requested is not substantial because: 7W4-Ow"/'2417-cD POOL P11.2,j5� !/AnP 1-41 CAf7e r IT 141 1eA6P1)Y& W/ 7P .E 10�5-1oneyGanDp�r A1o7-1,V7W 11P4 /�✓T� v7�,E J�lr,� y � 1 L'7VAQ1c A CIA6,47"ZA RJ15W 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 7 LGi�/� t))O ,4 , >°ADL ^0 A'6V6'k?7VA' tW C"'5 S YVOUZ,D /-%V,5 11141/HAL /MICA C7� o/v 7,Ve/V/*e6U1VO1416 fix,/fl/n✓6l�Orl, r i' 4AC (l!l`lgL/,= d1j W1'i2dl'f--,kT% 5. Has the alleged difficulty been self created? XYes, or { } No Why: 7;Ve 1V0-P0fW RIO",,, Pond tyPCd2F,�/VV pr,e&044 W.42 ' e—A-rV.g2 rO F..F P1Zr-v/j✓7;P',"cJ-Y WYVZO. ��,5�.ecwl-va.rU iS r B5 DCc��V,�r W/;7/1 N.V/s C611121 Ad/V I A7,9, �, 7P,1 s t �F V V-1'� �) /I 0 PDQ Vy r re � ov n iso es c i s c ncernmg is and? �No { } es please is a copy This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authdxized-,Kgent (Agent must submit written Authorization from Owner) Swor^ tiPf *P me this _ _ -ay G fes/ of _ jZ�L 20�%'W �W"'W/ Notary Public u MCHAMAMISMS Mt'ARY P WJCt STATE OF NEW Y0M Rc&Mdm Na OVJSW6M3 Quditied in NMu County Cannnissim Orpha 112018 4 I �, APPLICANT'S PROJECT DESCRIPTION APPLICANT: l•!J//yp && Co Y� pgy.,q TiSt-, AJNZL/ DATE PREPARED: K-11 Ql26/ 4 1. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Nhy Dimensions of new second floor: Mzg Dimensions of floor above second level: Height (from finished ground to top of ridge): N 4 Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from ......................... natural existing grade to first floor: 'N11# 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: NAV 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: V. Purpose of New Construction: ed&t/Cr/O XJ O/L &.4 GL PU o L lJir, j Pz' nrA�r A/ij „nen n,.r vbn-17 hl.)/i9®,dC a is rrn K'r- LD cm�� oN 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): y covyi dUws "j)w& /r �L,9zzyh5zY FL,e!V, 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 vies a I, 4/2012 a. tr,� QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes __No B. Are there any proposals to change or alter land contours? No X Yes please explain on attached sheet. SIt6 J'o/ZY,�Y �Daz�Od.PS C. 1.) Are there areas that contain sand or wetland grasses? W- -7 2.) Are those areas shown on the survey submitted with this application? y,& -y 3.) Is the property bulk headed between the wetlands area and the upland building area? 41 Q 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? /1/�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? 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? All) 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. Please list present use or operations conducted at this parcel � �J'>D,65'& AL and the proposed use . (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date I13-7101522-01.8 Abstracters' Information Service I I l l MARCUS AVENUE —SUrfE MZ214 LAKE SUCCESS, N.Y. 11042 PHONE (516) 918-4600 FAX (516) 918-4540 CERTIFICATE OF OCCUPANCY Prepared For: RAN= TITLE AGENCY Title No. 0858-HTA3000 DATE: 5/2/2013 PREMISES: 3770 PRIVATE RD, EAST MARION TOWN OF SOUTHOLD ' COUNTY: SUFFOLK DISTRICT: 1000 SECTION: 022.00 BLOCK: 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 R13CORDS INDICATES THAT THIS ONE FAMILY DWELLING IS OF AN INDETERMINABLE AGE. 'I'1 -IE TOWN OF SOUTHOLD BUILDING DEPARTMENT BEGAN ISSUING CERTIFICATES OF OCCUPANCIES IN 1957. IMPORTANT NOTICE, ABOUT SEARCH YNFORMATION ABOVE DAFA TRACE INFORMATION SERVICES LLC DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON OR 1rN= FOR 11113PROPER PERFORMANCE OF SERVICES REFLECTING THE CONDITION OF TITLE TO REAL PROPERTY. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, Bn HER EXPRESSED OR IMPLIED, ' INCLUDWO WITHOUT LIMITATION ANY WARRANTIES OF MERCI-IANTABUTY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANI9ES BASED ON COURSE OF DEALING OR USAGE IN TRADE OR BRRORS.OR OMISSIONS RESULTING FROM NEGLIGENCE THIS IS NOT AN INSURED SERVICE. THIS DISCLAIMER SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS. THE SERVICBS ARE EXCLUSIVELY FOR Hemlct Title Agenoy AND NOT FOR TI -M BBNEVIT OF ANY TF.RRD PARTIES. Page 1 of I AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. 2. 3. 4. 5. 6. 7. 8. 9. Name of Applicant:_ ,pAi Address of Applicant: Name of Land Owner (if o Address of Land Owner:_ Description of Proposed Project:F) )J9 Jho Location of Property: (roar number) 677 Q ?%y Is the parcel within 500 feet of a farm operation? { } Yes ()(No Is this parcel actively farmed? { } Yes XNo 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: ;rA AIAIVZZz than Applicant): 1. 2. 3. 4. 5. 6. NAME and ADDRESS (Please use the back of this page if there are additional property owners) 3 V z —�/f/ 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. :� T - 617.20 Appendix B s Short Environmental Assessment Form Instructions for ComDletin 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 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 1 - Project and Sponsor Information Name of Action or Project: 11V rmN L c c ._I Project Location (describe, and attach a to tion map): 7 0 VA 11 6A 2?'x14 Brief Description of Proposed Action: 10 / C6^/.r'1WVC7l.,fA1 dry A-PQaL pGdr ,P rpC)olt P)4 VAerL 4 a C;V yWIV 4,oV ,4ZF,,�g 077A41Z_ D U P1 7 -HAA -1 77YE IZEE I)19W IPPAIC Y4RP_e'V•e� FFN Name of Applicant or Sponsor: Telepho •Z6 5- E -M it: N G V t% Z Address: _ City/PO: State: Zip Code: '06 -one z cls z L 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: PtUrld UIC C77'Y HFWZ,77',' I OVIN" M12" WAzZ-n P,AfVH11r_ 3.a. Total acreage of the site of the proposed action? zI 61'7 acres _ b. Total acreage to be physically disturbed? C7. O 1 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? /D.,&S"7 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 Pagel of 4 = ON. C 4 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify; NO YES 5��l 8. a. Will the proposed action result in a substantial increase in traffic above present levels? 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? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES gNOYES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain 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: IX 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 by the State or Federal government as threatened or endangered? NO YES 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? 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: f�,�I_YES ILL f�//�' NO YES Page 2 of 4 4 2('r y 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES 1< small to large 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES 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 I AFFIRM THAT THE INFORMATION PROVIDED ABOV S TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name. Date: h/% Signature: /1/ L Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" - No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? -- 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 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. ❑ 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 J / /U Private Rd - Google Maps Page I of I Imagery -.20:4 D,gltatGlobo, NOWY,,* GIS, USDA Farm Service Agencv, Map data 42W.1 Gocy=e 500IF! https://www.google.comlmapslplacel3770+Private+Rdl@41.1370298,-72.3353712,1339m... 6/10/2014 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) 1,1/V/IVDPil[-i 0QVZ LL G residing at IX ,� r� 19WIAI �' mp (Print property owner's name) (Mailing Address) Awn7y GLz/YY /f 9� do hereby authorize (Agent) Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) to apply for variance(s) on my behalf from the AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM s prohibits conflicts of interest on the part of town officers and employees. The purpose _ _ � .. ... �!__i____a _.J ..1lwwri11.. 4n I.a whaYavar..., ,.:,..•.. action is necessary to avoid same. YOUR NAME • p6Y2z)- &4//1%1JZ Z 1 (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_ 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) Q an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this AA day oft(/, 20 L Signatur Print Name APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM s s a The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose,, _ a, of this form is to provide information which can alert the town of possible conflicts of interest and allow take_ whatever action is necessary to avoid same. YOUR NAME : &&&oro Alb a a C (Last name, first name, middle initial, dniess you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit X Variance 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" includesbyblood, 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 t Y4day of T(JA/ , 20 L4- Signature ( 'A � I , �.,X z�, Print Name PAVIZ2 TAI1Ji1/1J72I � A17 A��N7`" Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCA'F 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# 2 z -_-� The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. E Building Dept. 1517NJ Board of Trustees 0 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 1A constriction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: NZ Nature and extent of action: 1?01%x 40 C'DAZJM«27ay ar e ,OZ 6961 a. DOL hIVP 00f call /W QyAe 12 /V PZ —M&P sf�be ref Location of action: ={77 0 tXZ ?/ATS /�/>. I Site acreage: l D Present land use: Present zoning classification:J'jf,��/� L 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: / (b) Mailing address:_ f 3 zg 6— . P G . (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 II No 1F"!�"%J" 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 D No FX (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 1A Yes E No X (Not Applicable — please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria Yes [y No 0 (Not Applicable — please explain) ZV4 )WX7,0e / ,tom dao L V CgoR& s WicLy Ly��//)y�C ✓lJ'1Ji4L //`?/p�CT 0/IJ J-V,6iVIC /2E�tYUI2CES, 779.,—C - P OP4522 l9FPOP4522-,Y6 01V , W-0 UW 00/1/,-VA12EE _yLVE PLA) M4 ZZ Attach additional sheets if necessary NATURAL COAST POLICIES -- -- - - Policy 4. Minimize lossoflife, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable — please explain) ii r Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria Yes D 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 N NoV (Not Applicable — please explain) 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 X (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. ❑ Ye❑ No V (Not Applicable — please explain) Attach additional sheets if necessary 7— WORKING ,.WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No � (Not Applicable — please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 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 9 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 X Not Applicable — please explain TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 0 VILLAGE DIST. SUB. LOT e(A �ar FORMER 0A, ftEk e- v I Vk N fr W r Aa TYPE OF BU lkDl RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value 7, LAND IMP. TOTAL DATE REMARKS ,517 _4 - 7) �1--L '200 —z- �,Ih-3 / 2-7 v,0 A0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD U "Zito Tillable Woodland iu ----------- Mselsaad 7\7- 10 -2-4f") DEPTH House Plot BULKHEAD Total DOCK 2 L M. Bldg. i Foundation q�—. Bath Dinette Ex ,nsion ? Basement F RAW �\, MEY— Floors Kit. — Extension �\ \ \2\ Ext. Walls CPF Interior Finish L.R. — Fire Place Heat D.R. per, Woodstove BR. "= Dormer Fin. B. "mak Ovv� S/�tO = SOec Attic Breezeway `o tCp ` ` Rooms 1st Floor Garage O.B. Driveway Rooms 2nd Floor Pool ' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY 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 To expire on 8/1/2015. Fees: 1/27/2014 and approved by the Building Inspector. DEMOLITION $1,028.80 SINGLE FAMILY DWELLING - ADDITION OR ALTERATION $1,399.20 CO - NEW DWELLING $50.00 SOUTHOLD BOARD OF APPEALS r PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS 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. APPIEALS BOARD MEMBERS • Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD a Tel. (631) 765-1809 - Fax (631) 765-9064 m. JA 1 2 2007 Q FINDINGS, DELIBERATIONS AND DETERMINATION $pp hold Town Ie MEETING OF DECEMBER 14, 2006 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 . B File No. 5974 — Zaharia Papaeadou CTM No. 22-3-8.1 4. The difficulty has not been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Much of the lot is wooded and construction of the pool will require no additional clearing of the property. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory inground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for as shown on plot plan prepared by Howard W. Young, Land Surveyor, dated 6/23/06, 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 nonconformitles 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). a2J.2Gj / c5� Approved for Filing BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17, 2014 RE Y)E4D 3 Sy AP 2 5 2014 S hold TowQ n Clerk ZBA FILE: 6726 NAME OF APPLICANT: Robert and MaryAnn Amabile PROPERTY LOCATION: 1365 Aquaview Avenue East Marion, NY. SCTM#1000-22-2-1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls.under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2014, stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization -Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Feb. 26, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 43, 168 sq. ft. waterfront parcel in the R40 Zone. The northerly lot line measures 150 feet along Long Island Sound. The easterly lot line measures 288.96 feet along an adjacent residential parcel. The southerly lot line measures 153.28 feet along Aquaview Ave., and the westerly lot line measures 274.17 feet along another adjacent residential parcel. The property is improved with a single family dwelling with decking, an accessory garage and shed, as shown, with proposed improvements, on the survey drawn by John C. Ehlers, Land Surveyor, dated Jan. 07, 2014, latest revision dated March 13, 2014. BASIS OF APPLICATION: Request for Variances from Article IV Code Section 280-18 and Article XXII Code Section 280-116 and the Building Inspector's October 24, 2013, amended November 8, 2013, amended January 6, 2014, and again amended March 14, 2014 Notice of Disapproval based on an application for building permit for addition (raised patio with in -ground swimming pool) to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 15 feet, 2) lot coverage at more than the code permitted 20%, 3) less than the code required 100 foot setback from top of bluff. RELIEF REQUESTED: The applicant requests variances to construct a raised patio and in ground swimming pool with a side yard setback of 5 feet where 15 feet is required by Code, with an increase in lot coverage to 31.2% where Code allows a maximum of 20%, and with a 67 foot setback from the top of the bluff, where 100 feet is required by Code. Page 2 of 4 — April 17, 2014 ZBAM6726 — Amabile SCTMN 1000-22-2-1 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.ta any soil disturbance, and other measures to be taken to prevent and control any potential soil erosion. At the March 6, 2014 hearing the applicant was asked about the feasibility of locating the proposed pool in a more conforming area. At the April 3, 2014 hearing the applicant stated that the pool could not be positioned closer to the detached garage, and with a greater setback from the top of the bluff, because there was insufficient space between the principal dwelling and the garage to maintain a required 5 feet pool setback from each building. The applicant also stated that the pool could not be located in a front yard area, which would conform to Code on a waterfront property, because the septic system, water supply line, and electric service were already located in the front yard. This property was the subject of prior ZBA decision 772, dated May, 27, 1965 granting a lot division, and prior decision 3265, dated Oct. 3, 1984, granting a variance for a front yard garage location. A letter in opposition was received by an adjoining neighbor. The applicant provided documentation showing other variances that had been granted in the neighborhood for bluff setbacks and lot coverage. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6, 2014, and on April 3, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-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 Page 3 of 4 — April 17, 2014 ZBAN6726 — Amebile SCTMA000-22.2-1 the reasons stated the variances granted are needed in order to construct a swimming pool and a re -designed raised patio with a nonconforming bluff setback of 67 feet, a side yard setback of 10 feet, and, as Alternative Relief, nonconforming lot coverage of 27%. 3. Town Law 5267-6(3)(6)(3). The variances granted herein are mathematically substantial, representing 33% relief from the code for a 10 foot side yard setback where 15 feet is required and 33% relief from the code for a 67 foot setback from the top of the bluff where 100 feet is required. The variance as applied for lot coverage of 31.2% when 20% is allowed is substantial, and represents 56% relief from the Code. The variance granted by the action of Alternative Relief for lot coverage not to exceed 27% is also substantial, representing 35% relief from the Code. However, these variances are mitigated by the fact that the Coastal Erosion Hazard Line bisects the property. This reduces the overall conforming buildable area. The CEHL also creates an increase in the existing and proposed percent of total lot coverage, to an amount that exceeds that allowed by Code. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and as a condition of this decision, implement the recommendations cited in site review made by the SCSWC District. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief for a setback from the top of the bluff of 67 feet, and a side yard setback of 10 feet, and the grant of alternative relief for 27% total lot coverage, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and raised patio, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-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 andlor 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 — April 17, 2014 ZBA#6726 — Amabile SCfM# 1000-22-2-1 Vote of the Board.- ,oyes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted (5-0). Leslie Kanes W!ism", Chairperson Approved for filing i -f j' / /2014 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) S�i�dI 1D1971 -IICCCCcc���//�� 5 ZONING BOARD OF APPEALS AP 2 2011 TOWN OF SOUTHOLD01 Q 11 Tel. (631) 765-1809 - Fax (631) 765-9064 SOUth 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 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. 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 RE UESTED: The applicant proposes to construct an in -ground swimming pool in the side yard where the code requires a rear yard location. ADITIONAL INFORMATION: The Applicant's property has been the subject of two prior variances. In Decision #5446 dated Jan. 8, 2004, the Applicant was granted a variance (alternative relief) to locate the single family dwelling with a 30 foot rear yard setback, rather than the Code required 50 foot. In Decision #5954 dated Oct. 5, 2006, The Applicant was granted a variance to locate an addition to the house with a rear yard setback of 31 feet. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application April 7, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Accessory in -ground swimming pools are a customary accessory in this residential neighborhood. The proposed location is well screened from the road and adjacent property by mature landscaping 2. Town Law 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 property has an average depth of +/-107 feet, and due Page 2 — April 20, 2011 ZBA File#6459 - Orito CTM: 1000.22-2-18 to the location of the house on the property, with its conforming front yard setback, but non -conforming rear yard setback, and because the septic system also situated within rear yard area, a pool can not be feasibly located In a conforming area on the property, and therefore requires variance relief in order to be built within the side yard. 3. Town Law &267-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 4267-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 267-13, 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 nonconfonnities 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 (5 -0). Les ie Kanes Weisman Chairperson Approved for filing 1�/ /2011 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 oF so�lyo� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing, Address: 53095 Main Road P.O. Box 1179 Southold, NY 1 197 1-0959 RECEIVED, ev :z'9_3 Mi 2 5 ��2��010 S hold Town Cle FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2010 ZBA FILE #6294 NAME OF APPLICANT: Paul Betancourt PROPERTY LOCATION: 1825 Aquaview Ave., (Adjacent to Long Island Sound) East Marion CTM#22-2-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. SUFFOLK COUNTY SOIL AND WATER: This application was referred to Suffolk County Soil and Water Conservation District and they issued a reply dated .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 drywells are installed on the buildings to address storm -water runoff. No natural resource concerns were observed with regard to the demolition of existing one story house and construction of a new two-story house on existing foundation to this residence. LWRP: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP provided that the following recommendations are implemented; Policy 6, 6.3 (E) Protect and restore the quality and function of the Town of Southold ecosystem: that a perpetual, natural buffer be required seaward from the 38 foot topographical contour to the toe of the bluff (bank). PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a one and a half story older home, with a non -conforming area of 21,466 sq. ft, with significant non -conforming setbacks. The lot measures 100' in width on Aquaview Avenue. With 239.35' on the eastern property line, 252.11' on the west property line and 106.80' on Long Island Sound. BASIS OF APPLICATION: Request for variances from Code Sections 280-124, 116A(1) and 15 based on an application for building permit and the Building Inspector's March 24, 2009, revised November 17, Pagc 2— March 16, 2010 ZBA Filc#6295 — Betancourt. CTM: 1000-22-2-6 at 1825 Aquavicw Ave., (adj. Long Island Sound) East Marion 2009 Notice of Disapproval concerning proposed additions and alterations to an existing single family dwelling and construction of an accessory in -ground swimming pool at: (1) less than the code required front yard setback of 40 feet, (2) less than the code required minimum side yard setback of 15 feet, (3) total lot coverage above the code required 20%, (4) proposed construction at less than the code required 100 feet from a bluff, (5) accessory location is proposed in other than the code required rear yard. RELIEF REQUESTED: The applicant proposes relief from the following code requirements: (1) Section 280-124, front yard setback is proposed at 27', code requires 40'., (2) Minimum single side yard setback proposed at 10', code requires 15', (3) Lot coverage proposed at 25.1%, code requires 20%. (4) Section 280-116A(1), proposed setback from top of the bluff is requested at 30', code requires 100'. (5) Section 280-15 accessory structure is proposed in the side yard, code requires accessory location in the rear yard. AMMENDED APPLICATION: During the first two hearings the Board asked the Architect and the Applicant to produce new revised plans that would bring the entire project into greater conformance. As a result, the final drawings of the home and accessory structure, (swimming pool) indicate downsizing of the project, specifically reducing the size of the proposed swimming pool and roof overhang and setting back the proposed second floor addition from the northeast comer to reduce the weight on the bluff. These changes eliminated a variance for a total side yard setback. The relief requested AS AMENDED consists of. 1) Front yard setback is proposed at 27 feet, code requires 40 feet; 2) Minimum single side yard proposed at 10 feet, code requires 15 feet; 3) Lot coverage proposed at 25.1 %, code requires 20% maximum; 4) Proposed setback from the top of bluff is requested at 30 feet, code requires 100 feet minimum; 5) accessory structure (swimming pool) is proposed in the side yard, code requiresaccessory location in the rear or front yard on water front properties. ADDITIONAL INFORMATION: At a Public hearing the Board requested from the agent/Architect two specific considerations, to which he and the Applicant agreed; 1. To protect the bluff from potential damage, no heavy equipment be used in the rear yard (seaward side) of this dwelling during construction, only smaller rubber tire excavation equipment can be used. 2. The most northerly comer of the proposed altered home be positioned back from the 30' mark or closest setback to the bluff. This process will take the excessive loading of the comer of the home, away from a critical setback, which is the closest comer of home to the top of the bluff. The Architect's amended plans call for a cantilever of this corner on a structural post setback and additional eight (8) feet from the bluff. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on 7/30/09, 12/3/09, and 2125/10, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law Town Law 6267-b(3)(b)(1) Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The home appears to be approximately 40+ years of age. It has sat on a high bluff open to the northeast, for many years. The community is comprised of many of these types of homes. Some homes in the immediate area are closer to the top of the bluff than the subject parcel. The Board has in the past few years, has several similar applications requesting setback and lot coverage variances in this immediate area. The main reason for these requested variances are usually the same: significant non-conformance of size of (area) of lot, width of lot and existing lack of code required setbacks Page 3- March 16, 2010 ZBA Fileg6295 - Betancourt. CTM: 1000-22-2-6 at 1825 Aquaview Ave., (adj. Long Island Sound) East Marion Town Law 5267-b(3)(b)(2) The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance. The applicant has a very small building area based upon present code requirements. This specific problem is caused by the location of the subject property on the cul-de-sac "Dead End" of this Private Rd., which cuts into the building area of the lot. This problem causes the non -conformity of at least three setbacks. Town Law 6267-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 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. A report from Suffolk County Soil and Water Conservation and the LWRP Coordinator have found the bluff to be stable, and have offered recommendations to maintain its stability, which the Board has applied as conditions to the granting of the requested relief as amended. Town Law 6267-b(3)(b)(5) The alleged difficulty has not been self created. The applicant is in need of additions and alterations to his dwelling on his non -conforming lot with a wrap around bluff and pre- existing non -conforming setbacks. Town Law 6267-b. Grant of the requested relief, AS AMENDED, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an up to date renovated home, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, 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. Page 4— March 16, 2010 ZBA Filci16295 — Betancourt CTM: 1000-22-2-6 at 1925 Aquaview 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 Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). Member Dinizio. abstained. Absent was: Member Homing This Resol tion was duly adopted (3-0). t_ slie Kanei Weisman, Ch irpen;on _ Approvedforfiling / .j�2010 RE EIVED ' ; .. q3 MAR 5 2010 a so* old Town rle U4 [IRM-111��.• . • Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 REEIVED 9. 4/ Tel. (631) 765-1809 Fax (631) 765-9064 7. 5 2010 a FINDINGS, DELIBERATIONS AND DETERMINATI :';eIJ 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 11categoryof 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 Page 2— March 16, 2010 ZBA File#6323 — Steve and Olga Tenedios CTM: 1000-23-1-14.10 at 19329 Main Rd., East Marion the side yard, with the proposed accessory pool structure and pergola measuring larger than the code required 750 sq. ft., and having dormers proposed to exceed 40% of the roof area. AMENDED APPLICATION: During the Oct.29, 2009 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on Dec. 15, 2009, based upon the Issuance of an amended Notice of Disapproval dated Dec.5, 2009, submitted a revised site plan dated Dec.1, 2009. The revised site plan reduced the size of the proposed garage to 1120 square foot, by removing an attached 640 square foot pergola, as had been originally proposed on the site plan survey drawn by Mark K. Schwartz, AIA, and dated July 1, 2009, which eliminated the necessity of the original variance regarding the partial side yard location. The revised site plan also reduced the size of the proposed accessory pool structure to 729 square foot by removing an attached 162 square foot pergola. The changes to the site plan were intended to bring the plan into more conformity with the codes. ADDITIONAL INFORMATION: The subject parcel is noted as being Lot 6 on a subdivision map of "Brionngloid By The Sea approved by the Southold Town Planning Board on July17, 1978. The legal 50 foot R.O.W. sited in the Notice of Disapproval is drawn on this map, and is also drawn on the site survey filed by the Applicant. The owner of the two lots to the south of the subject -property -appeared at the Public Hearing in opposition to the application. More specifically, the basis for the opposition was the obstruction of the views to the north and the piecemeal approval of the residence and accessory structures on the property. It is noted that the adjoining property owner conceded that there were no restrictions in the subdivision approval restricting the obstruction of these views, nor were there any covenants on the applicant's property protecting the adjoining neighbors' views. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing for this application on Oct. 29, 2009, and continued on Jan. 21, 2010, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings relating to the proposed accessory garage: 1. Town Law 6267-b(3)(b)(1). Grant of the variances for the proposed non -conforming 1120 square foot two-story garage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The size of this two-story garage would be almost twice the 750 square foot size permitted by Town Code since the enactment of Local Law #2-2007. The proposed front yard/ side yard location with only a 25 foot setback from an existing legal R.O.W., where Town Code requires a 55 foot setback, would create an additional detriment to near by property owners and the character of the neighborhood. The Board examined a profile of 27 existing accessory structures located within the adjacent residential neighborhood (as submitted by the applicant in their letter to the Board dated December 15,2009, and found that while there are several non -conforming sized accessory structures in the neighborhood, they represent less than 15% of the total number of the existing structures. Of the 15% of these structures within the profile, most were constructed prior to the 2007 amendment to the code. As this Board has recently found in its decision # 6331(Logan/Walker) dated 2/18/10. 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-WHb)(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. Page 3— March 16, 2010 ZBA Filctl6323 — Steve and Olga Tencdios CTM: 1000-23-1-14.10 at 17327 Main Rd., East Marion 3. Town Law 5267-b(3Hb)(3). The variances requested, if granted, are very substantial. The applicant 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 4267-b(3)(b)(4). Verbal and written testimony has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. From a physical or aesthetic perspective the applicant's proposed accessory structures would have a negative impact on the conditions in the neighborhood. There is no indication that these proposed structures will in any way conform to the character of this neighborhood and settle in unnoticed among the other homes and lots in the area. Rather, applicant's proposal, if approved, will constitute a step towards altering the landscape of this community forever, since a granting of a variance for an oversized garage here will, no doubt; -raise similar requests that may not be easily distinguishable. 5. Town Law 6267-b(3)(b)(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 4267-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-B, 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)(bN1). 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 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 rear yard of this Applicant Page 4- March 16, 2010 ZBA Filek6323 - Steve and Olga Tenedios CTM: 1000-23-1-14.10 at 17327 Main Rd., East Marion 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)(4) No evidence has been submitted to suggest that the variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law 6267-b(3)(b)(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-B, motion was offered by Member Weisman (Chairman), seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, for the proposed swimming pool and accessory pool structure, as shown on Site Plan, labeled S-1 received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, and proposed garage and pool house Architectural Plans received Dec. 15, 2009, prepared by Mark K. Schwartz, AIA, dated December 1, 2009, labeled A-1, A-2 and A-3, subject to the following conditions; 1. The pool accessory structure shall remain unheated and un -air-conditioned and to be used seasonally only. 2. No habitable space, sleeping or cooking facilities shall be allowed in the pool accessory structure. 3. Installation of a drywell for pool water backwash is required. 4. Pool mechanical equipment must be housed in a soundproof container. That the above conditions be written into the Building 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 S— March 16, 2010 ZBA Filc#6323 — Stevc and Olga Tcnedios CTM: 1000-23-1-14.10 at 17327 Main Rd., East Marion 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. C �- L[4'P-& Al!�� Leslie Kanes Weisman, Chairperson Approved for filing 3 /-1/ /2010 R E VE© �- 2 q3 Southold Town Carl N 159.88 wIJS . L E G E N D wrs�lu u. ti_-- `- ' aw/Nr.ar.R.w.... titiw. Z] (21) o.ra..�. e o orr 121A(A"111A a.d,.....� 11.1 °" Rea w. O awW -- r....� --- vwq.lw ------ F..or.eu. — r — — N..D.P1R — —M— —�� L iW asal.. -- 14.OYatw. — —a— — — — — ..,,.,pW;w — wwr. ^-' - u. — — w — — --�— — MOr•.Ddrtlli�—A-- .wrw�w.Gn.a t:.— —.N.— — Ate wrHw THE Faiowl.o IRlNCIf Solon 1 iFHEA .wln0 uonr �t wnee 1� wa w� --'— wAFIT+1Ne+ wsOup 50 NOTICE IAV --NCE, ALTERATION, SAIF OR 1I� a,DFANY �RTgNDFT� 9tFFOl1(COUkiy TA%I.AP IS PRdII&TED WOI t TTEN PERAN551ON OF THE REAL PROPERTY TA%SERVICE AGENCY COUNTY OF SUFFOLK © ~ Real Property Tax Service Agency Counq C�ItaFRrvarMW,NY1190T ti SUILE u.FEET. •�' zoo G m .00 , .�+� '� 3I,T1' KMa E r M A P or tm m t>2 an TOM OF sounW SECTION NO nn LL NLIwGE OF - DISTRICT NO Tppp PROPERTY MAP cDNYERSION MTE. Fab a. m+1 12-2+97 02-01-02 _ 06408-04 n730132 10-23-09 03.04-10 0&17-10 12-07-12 ' N ass 3ez R 3 N 330,ta2 L r�N.awl.. N..aa u..,. Iw ... —_____ w..,w --�'-- rw,. o..r. u. --"-- mow, NOTICE COUNTY OF SUFFOLK C E 017 rowNor SOUTHOLD SECTION NO d.A„o..ed_ —zZ— : �..«, (vi) O � a0.i ticO+.f.m.ae.Au.no.eallrs oAw.oOsmcla. weo —TEN4fC TERATi .S EOR n Real Property Tax Service Agency r 130 G ------- D�t�.we, a ----- --�--�� ` OISTa1g1110N6AM'/POaTION OF THE a County 023 NLUCE !)F 23 E s...1sN.. -•-•�- �—• -- --- --ss,t N¢ surrouc couNn rA><Nlw Is rao"IairEn �' ti Caesar Rh arll T NY11901 M N 0 IY n 1Z.1Nd)w 1]. to z"l�~ —__ m.+w --P-- urvl.x--aw-- waAANrA ++13Rrw1FA so wTNWT wbTTEN aERui55gN OE THE "4'� 200 0 200 �Oo A 022 132 DISTRICT NO 1000 �F� --_-- -- �• ro aEx vRoaEan rnx SEavlcE AtNcr p PROPERTY MAP 12.1Ag1 - CONVERSION WE Dec 10, 2012 00i 501010 SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-22-03-04 SCALE 1"=60' MAY 13, 2013 DMIDAM. 10. 2013 AM WO EI.LVR M AREA - 161.221 p. N. (1D TE lLq 10.957 — z JC.NATMNUL TITLE INSURANCE COMPANY MVE. 11.0 6 ARE REFERENCED TO N.A.V.D. 1966 DATUM {li'VAAOt8�11E--SNEIWN -HNIS1� _.-___ Iwr I �J u % P; 0 41 CD I RWm M,YS IL. Ila 101fi. Nathan Taft Corwin 0 Land Surveyor OIl®R MIL�i RIRIOY w R • wa>tlt ma A.= = u- �ia1� iuoZ 'wl�iiRc n01c (ufA2F-Oa�O F. (at)rD-t7L - �� ®a IMM ion= x IMf16ML d RRR Ma �tgNb� IIDt R i1Rw1101 MYIIM�. Rm ad Is I-q"L Mw' I1M ASML 6. 7d lima I 4NG Is"OD So D L � N 80.4425` E N ibis' l•c 5ys5 01 or e� .............. XI5nN6 PERVIOUS DRIVEWAY TO BE REMOVED EO l 1 TO S (sToRy REMOVED. TYP FOR BER 2 PROPOSED CELLAR ENTRY PROPOSED MAM DY'�L.IN6 ,� '� '.'.. �; •� �:=., EXISnN6 OUTLTINb SHEDS n n TO BE REMOVED. TYP FORS U juLujwnmjUjujLUlllu 0 EX15TIld6 PERVIOUS DRIVEWAY TO Be REMOVED PROPOSED PERVIOUS a DRIVEWAY . s.. Z 1 NL l ED SI PAN N I SCALE: 1 "- S! S j ' 41.4' o 6 PROPOSED SCREEN ROOM PROPOSED &-m-STONE TERRACE t POOL PAT10 PROP05PD 40'X70' IN6ROUND SWIMMING POOL w mmooR = PRoPosED WAT2R LINE TO HEM POOL HOUSE lu"W OF WAY PROPOSED ATTACHED 6ARA6E PROPOSED LOCATION OF FUTURE TENWS COURT cC V fr1 T } O% L IV C O 0 • '�{ 4j �. ^^ ++ I � I Z r0► OF D^W FP.TURAL TART" PATH TO W.." Z .c �" ►a-� .` � � � COASTAL lROSIOM 11N ►Rp11GOA9TAL lR051 ate+ k le Dale: Tlq'N Q SOuINOLD ►11 LMT OF GOSTIN6 ve6eTAT10N ! fr AS NOTED r / L•! Q 100' flT�Af.K •RR'1 TO► O► SAIK EPH LMT Or axwn 6 0 %-aWfATOR {� ¢V �'fi - � �I a<3 SITE PLAN SEE EHI-Alp SITE' PLAN >s I 1 4 a V10 LMT Q EMT016 . ! ve6erwTwn 3 i I �r ♦il 1 IIt i, I;I f� II i. I' i1 � Yl III t1 n — Q ZI � W 9 T5'11I 5 � N I SITE PLAN (D SCAL& V -IOU 5172 Q8'ORMATION A5 TAKEN PROM A SURVEY BY NATHAN TAFT CORYiM 111. I.S. DATID MAY M. 2015 .............. XI5nN6 PERVIOUS DRIVEWAY TO BE REMOVED EO l 1 TO S (sToRy REMOVED. TYP FOR BER 2 PROPOSED CELLAR ENTRY PROPOSED MAM DY'�L.IN6 ,� '� '.'.. �; •� �:=., EXISnN6 OUTLTINb SHEDS n n TO BE REMOVED. TYP FORS U juLujwnmjUjujLUlllu 0 EX15TIld6 PERVIOUS DRIVEWAY TO Be REMOVED PROPOSED PERVIOUS a DRIVEWAY . s.. Z 1 NL l ED SI PAN N I SCALE: 1 "- S! S j ' 41.4' o 6 PROPOSED SCREEN ROOM PROPOSED &-m-STONE TERRACE t POOL PAT10 PROP05PD 40'X70' IN6ROUND SWIMMING POOL w mmooR = PRoPosED WAT2R LINE TO HEM POOL HOUSE lu"W OF WAY PROPOSED ATTACHED 6ARA6E PROPOSED LOCATION OF FUTURE TENWS COURT cC V fr1 T } O% L IV C O 0 • '�{ 4j �. ^^ ++ I � I Z °i 1•t� Z .c �" ►a-� o► AKr l7�•1 ON Tay DOG►!RT .............. XI5nN6 PERVIOUS DRIVEWAY TO BE REMOVED EO l 1 TO S (sToRy REMOVED. TYP FOR BER 2 PROPOSED CELLAR ENTRY PROPOSED MAM DY'�L.IN6 ,� '� '.'.. �; •� �:=., EXISnN6 OUTLTINb SHEDS n n TO BE REMOVED. TYP FORS U juLujwnmjUjujLUlllu 0 EX15TIld6 PERVIOUS DRIVEWAY TO Be REMOVED PROPOSED PERVIOUS a DRIVEWAY . s.. Z 1 NL l ED SI PAN N I SCALE: 1 "- S! S j ' 41.4' o 6 PROPOSED SCREEN ROOM PROPOSED &-m-STONE TERRACE t POOL PAT10 PROP05PD 40'X70' IN6ROUND SWIMMING POOL w mmooR = PRoPosED WAT2R LINE TO HEM POOL HOUSE lu"W OF WAY PROPOSED ATTACHED 6ARA6E PROPOSED LOCATION OF FUTURE TENWS COURT cC V fr1 T } O% L IV C O 0 • '�{ 4j �. ^^ ++ I � I ALL c•,11w* rs•1u1ie• nom••oleo' RRlae• a x /Rwaa RE l• •wL 1e"w Z eRAeCeeID•e le"OIIe3l11YCL •OeMR1 a elle•illae t• 1mlRL•L 1eLNOR V ee•eeeee ax Rel ••RNe•16 R Taac•enwxmeecT"eRva Z .c �" ►a-� o► AKr l7�•1 ON Tay DOG►!RT s ate+ k le Dale: "ect Dow SEP 2012 Sae: AS NOTED proed,1 u WM a �oa �{ mry Fa EPH 1Y ¢V �'fi � � 3 L�� a<3 SITE PLAN ALL c•,11w* rs•1u1ie• nom••oleo' RRlae• a x /Rwaa RE l• •wL 1e"w x Ra'elrta xMo•ecl xrl+e To ee esaw.rlealle3lvwT• snoea Rowe eRAeCeeID•e le"OIIe3l11YCL •OeMR1 a elle•illae t• 1mlRL•L 1eLNOR V ee•eeeee ax Rel ••RNe•16 R Taac•enwxmeecT"eRva �a1•r"m /aRelrw"ae R oeeewl"1 a x ianel�Ts ��wlelaonal 1•wmlmuxeo ALTalAT10N o► AKr l7�•1 ON Tay DOG►!RT iy A VICLAT'IOM W IEYI YORK STAT! Wl k le Dale: "ect Dow SEP 2012 Sae: AS NOTED proed,1 Dra-m' 12039 EPH 1Y a+edc SINQAIMCMFF KMP Sled C-1 SITE PLAN INiN.90TONG Ca rF LLC 7/7114 Look/NCS 2,prT <4J liViA/OI'GNG COY GGC r/ r \} -, }} .,.. - \•'YC .'•+'• rA - � � _fir i 'a•• � ,' '` -� s 14 ti knil f-br t ��� ^` �f ��'b.'., �;.r� J `�� , - � .� .�, �;,s�...� �! -.vim• +eC—bj/��ij/, _-K i_. ,y. 'k.'a�, y_ .sl_ ♦t.� _ •tit �, fl _ � �� t �' � r��,.�, .t' � •• fY � S.• �� a•�� �r-��cti _ r .� � �t � 13ia•.� jr 0 {.i1wi �r W.,�•<•-f .sem �• �Y �•' ��• 7,a-' \j �r ;•�� '^ - `,�. �, fir•. � _ ....4.:t -- — 777� 7W i y� 4 gro i � ti t I / i BUILDING SECTION A -A SCALE: 12' -I'-0' NORTH ELEVATION WEST ELEVATION SCALE: N -r4r SCALE: 1/4'~1'4' SOUTH ELEVATION EAST ELEVATION SCALE: 1/4'-1'-0' SCAL& V4—l'-0' N® FLOOR PLAN SCALE: 1W -l'-0' ToW Plopowd Added S.F. - 2% I Sheet Notes: 1 /7Y ,6I V,e Y6 �4pm� Proposed Windsong Cove Private Road East Marion, New York 11939 LPA Architects LLP aCNITECTUaE fLANNING www.lpa-plans.com -~ t—ft Moa1N.NEbeW 21, ',A 5.T,Kw11n7 T! 621 Lf 2914 F-. UI 5" a %-- Z(m .a. I.. D— De: SEFT2012 1.6. AS NOTED fai.a • a --T 91ee A-18 Ob5ndarfxMKMP POOL HOUSE 6" /7Y ,6I V,e Y6 �4pm� Proposed Windsong Cove Private Road East Marion, New York 11939 LPA Architects LLP aCNITECTUaE fLANNING www.lpa-plans.com -~ t—ft Moa1N.NEbeW 21, ',A 5.T,Kw11n7 T! 621 Lf 2914 F-. UI 5" a %-- Z(m .a. I.. D— De: SEFT2012 1.6. AS NOTED fai.a • a --T 91ee A-18 Ob5ndarfxMKMP POOL HOUSE