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i /es- 10, 110o �'��,�� � 5bv v�) a, X 93 - ,c��r�u cT �j sce�rit�i/YJ�,U daL D Sa� 4,6�` 5 ; pL. (Acis zacr a llE 02/.702 % filo//l SEc ado-A/9 -// Sic &PO---702 P1-f L/ -(1L appr /( ' fz1( o • • 72/e.,!) „'5-0 YC .2G/Z. C�atl ��>L CttGG✓° xJ Y ' C'79-- /A/G -4 57 ao (d// U/„,/o%6 /a/,2 las- ,,�ii.. BOARD MEMBERS i,i/' ®F SOUAZ, ; Southold Town Hall Leslie Kanes Weisman,Chairperson �d� 4S ® ' 53095 Main Road•P.O.Box 1179 t' AZ, Southold,NY 11971-0959 • Eric Dantes Als aig Office Location: • Gerard P.Goehringer • G ,� Town Annex/First Floor,Capital One Bank George Horning �,�a®��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =lac®UN(���° ��1. Southold,NY 11971 RECEIVED http://southoldtown.northfork.net V111410:/0 7 4— ZONING BOARD OF APPEALS AIR 2 6 2016 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 • i'cg.Thwnitiia d FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21,2016 ZBA FILE: 6937 NAME OF APPLICANT: Jonathan Tibett PROPERTY LOCATION: 185 Willow Point Road(adj.to dug canal) Southold,NY. SCTM#1000-56-5-25 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 4, 2016, 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 March 28, 2016. 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 parcel is 17,918 square feet in an R-40 district. The parcel fronts Willow Point Road for 100.00 feet,the eastern boundary is 148.73 feet,the western boundary is 168.31 feet and the northern boundary, which is bulk-headed, is 132.00 feet. The parcel is improved with a 2 Story Framed Residence and floating docks with ramps. All as shown on Survey/Site Plan prepared by Andrew V. Giambertone, R.A., last revision date 02-11-2016. BASIS OF APPLICATION: Request for Variances from Article III Section 280-15F and Article XXIII Section 280-124 and the Building Inspector's January 27, 2016 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at; 1)proposed in location other than the code required rear yard or front yard on waterfront property, 2)more than the maximum code allowable lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to; 1.) construct an in-ground swimming pool in a side yard location where the code requires a rear yard or front yard location on waterfront property and 2.) for lot coverage of 21.72% where the code permits a maximum of 20%, all as shown on Survey/Site Plan prepared by Andrew V. Giambertone, R.A., last revision dated 02-11-2016. Page 2 of 3—April 21,2016 ZBA#6937—Tibett SCTM#1000-56-5-25 ADDITIONAL INFORMATION: Looking from the street, the adjoining property to the right has received an area variance for 22.969% lot coverage under appeal#6689. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 7,2016, 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 §267-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. In-ground swimming pools are common accessory structures to residential properties and the appearance of the proposed in-ground pool is that it will be located in a conforming rear yard which will not be seen from the street. 2. Town Law$267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance for excessive lot coverage. The applicant could construct a smaller in-ground swimming pool so as to not require a lot coverage variance. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance for a side yard location. The applicant is attempting to locate the proposed in-ground swimming pool in a rear yard as far away as possible from the existing bulkhead. The first floor outdoor decking and angle of the rear property line with respect to the rear of the dwelling place the proposed in-ground swimming pool in a side yard location. 3. Town Law §267-b(3)(b)(3). The variances granted herein for excessive lot coverage is not mathematically substantial, representing 8.6% relief from the code. The variance granted herein for a side yard location is mathematically substantial, representing 100% relief from the code. However, the substantiality is mitigated when considering the angle of the rear property not being parallel with the dwelling and decking, in particular, creating the side yard location. Furthermore, it appears that both adjoining properties may have their in-ground swimming pools partially located in a side yard. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-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 is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the Survey/Site Plan prepared by Andrew V. Giambertone, R.A., last revision dated 02-11-2016. Subject to the following conditions; CONDITIONS: 1. Pool mechanicals shall be placed in a sound deadening enclosure. Page 3 of 3—April 21,2016 ZBA#6937—Tibett SCTM#1000-56-5-25 2. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /.„22_ /2016 1 7SITE DATA 6 - - _ 1 l ((A�uerco R-10 Dbfr1UCr of 52.51 ld-Tang Goa) c. • I , 1 MT/1000-56-05-25 6 '` a 13521332 12128782 I L�A8315 401200.1. 17,915 el. / , I x� — 1� L�C9II.R1 K 999 ft �� L...............` °,��� _ ...... ANDREW V. =ZED/ I15 It 14613 It / �._.SIDE 50114 FRONT R ft 1 I `►1 /' l ''"-0• p icy ry GIAMBERTONE RFJIR YATlD 75R 5729 ft / 1 pppy 148 POLL EII.gE/1D) 50 ft 5200 It / I ' / EA6T'6. H •e —\ / . & ASSOCIATES L I PAV@L6 p ONFElE / ,N aA _ 6=0.1. 4494N.1 it 1 \ ,J I _— •ARCHITECTS• RAI09441 IGRf 95 ft 9066 It OGRADE TO IUDP00JC Or ROLF) 1(MEASURED FROM AV5. \ 10'-b�D I — ' / / f`7i 1 �� II / s62 Elm Street LOT COVERAGE CALCULATIONS / I1mo= 11 . I /999 _ - u L / N Huntington,NY 11743 Tfb1,1 m ARP , 17921ly i/ / '�'` '•+rmI / r' TEM ZONE AE - I I a 6 Telephone:631.367.0050 -I & 612074.1. — 9,�tT4., x12 I (Et..6) / I ®® I — n� Fax:631367.6636 -3220 0.1. 47]00 el. 41700 W. ) j' / I �� / -LZOSTK P.AI,SSLK 946 u. 916 u. ti I / meTY / I/12012.-- [ MOVE I I 1 : : 0tectSo GRAVE Ki If6a b ImucI rRAF a /� I/100 / I I PP.9P/.WO' I • : 'C / I /64' I 6J0 1 CI .,°• -`• Tibett Residence .015/FY DATA MAW>FR041 DRAJVN6 PEPAN'3DD BY, 1 ZONE X ` I , • '_•. J I 1250 tD Igor /�_f�_ / 56103GOIs8H PA -a+6}+(DE ,Y I (� I 185 Willow Point Rd. (69u 765-�A10,PA><I69o,6iA9, / l eA:p• N Valhi 11 ;l I I Southold,NY DATED,ALW5T 17.2019-03/5004473 ar / / PGA /// / gra. II Cr )I 4&-re 3 i SI / / Iffl I �. o lob numbcL. Ns' i I n If�; ;lY;r-.°r ^ F�057RK/C#NALT `� 16M.2015 Issued fmAlaK Perron f0..-'-‘,,,,,,'&,1"-:v' : ` II I I C�61J3T7t@ QIF✓8 TC I'' RB/NN 01.22.2016 h,,cd ro,ZBA(Pmt) ' ` �P°OP°�F,W ozu-zo16 Addcd Pool s sena Issuedr 1 znA I 1 r ?;" h _ • t. IN I \/`\ I7h6 RILE \ _- ter^.•> ;' u Q �.4,/ .`,' 1 1111 NM D in 14'9 — 6T 09' T----1----- ...-$ ,�y��-' a-_X-1 X X X I 1) Avg. Grade 6 N R•2o70•w o�r6 SEP 70 65m LOW.PAO •' 1�R13nYm MR R7 X ELDER ' ITEMIZED SCALE 1•=25 1 61rarTIrS MBA= 5A. VERAGE GRADE 4V4-... A AV1 LOCATION t9C9r0kL GRADE PJtVATION �,� '\ Site Plan `�/`�) 'G• .69' SCAIE•1•=1V �� v .6.9 I tt,ru,: TOTAL ♦551• .95J'/4(.OF LOCATIONS)••615 I Issued for ZBA AVIRiASE GRADE ELEVATOR•.6.76' FINAL NIAP %. fl � i,t); l)t• ® 20I5 AVGA rg i TIIE X1,.111 yen... nY� 03 MI¢,a>ama REVIEWED - I ILnAIID K AItLL 1 CiWLMSA Aar23116 NOOIM4IL BY �� i. Z- 1 P1cutNllmnnpcl luc Lvmasa•rntsl nim onnw.is '-0• 36b' • . -ucnasmwSMISC a¢rmo uvm10.lwfm rnwl �BA . �. _ - < rg IC.11aa461111T TM n91e:III NI.5[1TICI1 VITIA ID}YY16 TL1T 17103 bRCma Y Ul MT G[SL K TTI ani _ �.y-,.;�,.�� y... ���{{{{ —. .._ . _ _r- +a !(9p�• I M6Y�11.>1 115 u 1.1--49rg IY'1'4%.= - f.-r' �S° _ '• _: _.:� tiry-'}•` .:{i :� ��7"14767t..., 'v 7'` - lYvnl ' ilm3 11 DI{.O SEE DECISION {:; w • TI=acra�l 4"-Q E'� ,,%•p� �k•vjOaY 31+1.021 Y0111 VINYL LIN9t., - �� _ ,w.,,s.. ,s _ n �r i fiti LN1'GAC 120•malE.a.dP, 71.1E ea+mJd S DATED I/ / I / p L� _rt, _ :a _, . ,_... . ws ., . .- : -ta ?5 2 oar ; ar�4 1 e� Site Plan Pool Section A-A RECEIVED -wb1 j SCALE:1/4•=1'A• FEB 11 2016 ! RAI,: 2T noted dr rAn: GGT. I ZONING BOARD OF APPEALS SP.1 I • • Il'.:/ • f SITE DATA I , ,.. . .,.,. . ., t I t ':,,it,. Residence R-40 District(Town of Southhold-ZoningCode) I Tax Map* 1000-56-05-25 6 ".� ' ,• FESIDENGE • t dam... n : REQUIRED PROVIDED 1 I.0T AREA 40,000 O. 11,41I8 s.f. LOT WIDTH 150 ft. 4141.5 ft, n {o- ^ki«n '1 AGE I. LOT DEPTH 115 ft. 148.'13 ft. x N ,,, ,, SETBACKS 1, �` 5 ;1°1(' a �~ FRONT YARD 50 ft. '40.041 ft. �v , A D R E AXI V. ,..„..„.:„.,.,::.i.,,,,,, SIDE YARD 15 ft. 11.30 ft. / , / X _ BOTH SIDE YARDS 35 ft. 33.13 ft. REAR YARD 15 ft. 51.14 ft. / 1 I / 1 GIAMBERTONE (FROM BULKHEAD) I POOL 50 ft. 50.00 ft. ' ; / 1EX157"6. �NALL -_ I .�,,. MOOD�' { „ .� Ef & ASSOCIATES LIVABLE FLOOR AREA 850 s.f. 4,434.64 s.f. / 1 / 10'-o" ' BUILDING HEIGHT 35 ft. 30.66 ft. i / / 4 u Q � ei 10 148.73, • (MEASURED FROM AVE,. / $7-�, EXISrb. =� s ARCHITECTS • GRADE TO MIDPOINT OF ROOF) --- ► / ; PAVERS o / 62 Elm Street _•......_ 1114 II ; LOT COVERAGE CALCULATIONS I \ '!� I ��_ / Huntington, NY 11743 TOTAL LOT AREA : 11.4i18 s.f, ry I \ lo=8" ` -- f �" Tele hone: 631.367.0050B / \:16.--r pEXISTING PROPOSED TOTAL13,121.'14 s.f, -- 3,121.74 s.f. dm \ II II I , Fax: 631.367.6636 - O s.f, 422.00 s.f. 422.00 s.f. M / 75Lpn II UI I ' /-e00L ` l � IRED A II I � / �I�q-J=X1516 SAGK DECK 348 s.f. --- 348 s.f. ',� K YAC L Mqp i GiambertoneArchitects.com -EXIST'6 SHED 102 s.f. REMOVED O s.f.- i ' AG / �i \ ZONEAE / II- / N 8 REVIEWED BY g (EL. 6) j � I :.___.. ,ift SEE DECISION # TOTAL LOT COVERAGE(s.f) 3841.14 s.f. -- - -.. -w._ .-.--•-. - -. DATED AU 9WABLE PROPOSEDIto / 0 %OF LOTCOVERA6E , 20% 21.12 % " r--4Ct ti ••••414// /�/ / EXIST'6, , -- - /�-!., G! _ • w **3,841.14 s.f./11,418 s.f. = 02112 x 100 = 21.12 SK / WOOD DECK ' 4, ' - ABOVE b I project: ' I • • SURVEY DATA-OBTAINED FROM DRAWING PREPARPD BY: V WOOD J 0� / / GRADE PLATFORM11'-10344." 0® Tibett Residence 7 / EXIST'6 2 STORY 10 P.O.BOX 95URVEYORS,P.C. ^� �Q EXI51"6 STONE �� FRAMED RESIDENCE 1230 TRAVELER STMT Q o 1 _� l .�. �� �' 185 Wellow Point RdSOUTHOLD,NEW YORK 1141'11 �V I O i b'-I�' � - .1::,(631) 765-5020,FAX(631) lbs-I?417 ' 1 ' (� �TvDATED: AUGUST Il,2015 - DWG*04123 ;\ IREQUIRZTE34FAcKR017:NTY" A� � Q �JDut���d1 V 1ZONA X \\ I 5610300158H I 1 I _ • M nA• \ PAT10 ON i 40-2j * �—p num a q y '4Ap +8.1' 1 - : \ _ o EXIST'6. / 50-0"� I i I i awl PAYERS / 4 ` AI CONCRETE t ` t III, I ' 1 ' \lc ,---1. --- ..... - �, / � ' 8'_On. 16:q" \ — . / / • 1`.� 10'-E�8° _ �"4 10-06-2015 Issued for Bldg.Permit1§I I / j \ 7.,...e) \SIO ~ 01-22-2016 Issued for ZBA (Pool) 50i-0" / , SETS,Clc \ . C ii l si uLI /Iti t • I EXISTING ASPHALT ‘14) • _ •. C DRIVEWAY WITH O GOSELESTONE CURB TO • / = REMAIN ... F .,. . • f , / I I' ' . - 11 / , f. ,POOL ❑ L I ; I , 141- 8n �. . \ \ 4il? ( ,..J n xH. u n D c I EXIST'6 FLAG POLI= ��, eJ �' ,�i i Avg. Grade f „ — k ' ���ED AR�,y \ \ 158 • ��`, GENT Gj i�, SCALE:1" =20' V \/ , ' 1:)( �' —� t i , ., ..mom n,► ,, .. . X ` / �; �.. —•+!-•• W . am;"' ,t AVERAGE GRADE X N 11°20'20" YV IbS.31' e.,,,,„,„:,..„. .,..„}„,_,,, , , .LOGATfON EXISTING GRADE ELEVATION , 6EXIST'6 SiiED TO bk6 •PIEDn I , BE REMOVED FOR POOL EQUIP. REQUIRED+ 8 AGGES80RY i '9�X2080. ys-, A 8.6 1 GENERATOR • STRUCTURE SETBACK O 'I,� � ' OF NE`N x8• + 8.1' A/C COMPRESSORS O� •Cn + 8.4' ¢. .. sip.. + 8.4' `!A stat E.Li$ is: TOTAL +35.1' 931 +55.1'/4(# OF LOCATIONS) = +8.18' i I s suefrrZ13i\.. AVERAGE GRADE ELEVATION = + 8.18' % "� � '� N REcely copyright: © 2015 AVGA ' t �- I A � `. E� �,. 261 ANDREWBY _ _ Site Planrig///�< /) f THE COPYRIGHT' DRAWINGS,SPECIFICATIONS, AND OTHER DOCUMENTS 4 , (AVVGAPREPA)F RTHIS OJECT A V. IAINST UONE MENfS DASSOCIATES,THESECDOCUMEN.C. = ., S2D I � AFQ {.i_ ARE SERVICES FORT HE USE SOLELY WITH RESPEC!TO THIS PROJECT.UNLESS TS SCALE. 1" 10' `••� :040.0••••••••••••••••••••• % �()�IIIVCi t-:Cs OTHERWISBPROVIDED, AVGA SHALL BE DEP.MF.D THS AUTHOR OF THESEDOCUMENTS AND SHALL RETAIN ALLCOMMONLAW,STATUTORY AND OTHER$ -Q RESERVED RIGHTS THAT THESE DOCUMENTS SHALL NOT BE USED BY THE %V. OWNER, OR OTHERS, ON OTHER PROJECTS FOR ADDITIONS TO THIS �� PROJECT, OR FOR THE COMPLETION OF THIS PROJECT FOR OTHERS. °� -. Plotted: Friday,January 22,2016-1:30pm By: ERNESTO File: L:\AVGA Current Jobs\AVGA Unsigned Projects\Tibett Residence-(Southo1 ) ' Ili tr. I V m 1 Site Plan .. J i iz4 .: �O scale: as noted drawn: e.f.s. • -fiZil • . I SP . 1 ,7 "'\, 'VOFFICE LOCATION: I'./®# Off® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 v 54375 State Route 25 1 Southold, NY 11971 I (cor. Main Rd. &Youngs Ave.) c� sc Q 1 Telephone: 631 765-1938 1 . Southold, NY 11971 -'% t COUNTY OF SUFFOLK N. V RECEIVED�/ / )c Steven Bellone ZONING BOARD®F016 App�,q� 0 v SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment March 4, 2016 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the,Suffolk County Administrative Code;-the following application-submitted to the Suffolk-County-Planriiiig:Commission is to-be a - matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Tibbett, Jonathan #6937 Vivinetto, Ralph&Joan #6939 Looze, Susan and Douglas #6940 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th Fl ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 AM3 - - TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT FEB 1 1 2016 SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: August 14, 2015 TO: Patricia C. Moore, Esq. (Tibett) RENEWED: January 27, 2016 51020 Main Road AMENDED: January 27, 2016 Southold,NY 11971 Please take notice that your application dated August 3, 2015: For permit to construct an accessory swimming pool Location of property: 185 Willow Point Road, Southold,NY County Tax Map No. 1000 - Section 56 Block 5 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 17,918 square foot lot in the Residential R-40 District is not permitted pursuant to Article III, Section 280-15, which states; in the Agricultural- Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard. The proposed accessory swine ing pool is located in the side yard. In addition, the proposed construction is not permitted pursuant to Article XXIII Section 280- 124, non-conforming lots,which states; lots containing less than 20,000 sq. ft. are permitted maximum lot coverage of 20%. The site plans shows the lot coverage at 21.72%. Amended to reflect ' -plan received on January 27, 2016. Authoriz:'. Signa - Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC:file, Z.B.A. a FORM NO. 3 4 p ��� ✓ TOWN OF SOUTHOLD B UILDING DEPARTMENT L SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL <��/ c 3 DATE: August 14,2015 /3 TO: Patricia C.Moore,Esq. (Tibett) J1r `� _ l 51020 Main Road _ Southold,NY 11971 c_51 Please take notice that your application dated August 3, 2015: For permit to construct an accessory swimming pool Location of property: 185 Willow Point Road, Southold County Tax Map No. 1000- Section 56 Block 5 Lot 25 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 17,918 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXII, Section 280-116B,which states; "All buildings located on lots upon which a bulkhead,concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy- five(75)feet from the bulkhead." The site plan shows a setback of 50 feet to the existing bulkhead. In addition,the accessory swimming pool is not permitted pursuant to Article III, Section 280-15,which states; "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear a. The proposed accessory swimming pool is located in the side yard. I' Author]:ed S' ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC:file, Z.B.A. 1.0, v,/,/ice uae vniy fee:$ Filed By: As§ignment No. k931 RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS FEB 1 1 2016 House No. 185 Willow Point Road Hamlet Southold ZONING BOARD OF APPEALS SCTM 1000 Section 56 Block 5-Lot(s)25 Lot Size 17,918 sq.ft.Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 27,2016 BASED ON A MAP January 22,2016 prepared by Andrew V. Giambone& Asssociates,Architects Applicant(s)/Owner(s): Jonathan Tibbet Mailing 185 Willow Point Road,Southold c/o Pat Moore 765-4330 Fax#: 765-4663 Email: pcmoorenn,mooreattys.com 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: Patricia C.Moore Esq. for(X) Owner,or ( ) Other: _ Agents Address: 51020 Main Road,Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email:pcmoore@mooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: 0 Applicant/Owner(s),or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 7-14-15 and DENIED AN APPLICATION DATED August 14,2015 FOR: Building Permit(Area Variance for re-subdivision of Paradise Point lots) ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) (1)Article XXIII,Section 280-124 lot containing less than 20,000 sq.ft.are permitted maximum 20% lot coverage-proposed 21.72% (3)Article III,Section 280-15 pool in side yard Type of Appeal. An Appeal is made for: E.A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal, X has been made at any time with respect to this property UNDER 5780 10/27/05 Existing deck 6" above grade(Please be sure to research before completing this question or call our office Torr assance.) ,.�]Y'L •'��/D"I 1 �j RECEIVED Name of Owner: Jonathan Tibett ZBA File# FEB 11 2016 REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: ZONING BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Map of Willow Point was developed in 1966, the applicant's parcel consists of Lot 23 of the subdivision. The proposed pool is conforming to the zoning setback. The depth of the lot to the bulkhead is only 148' & 168' the proposed location of the pool is pushed away from the bulkhead which results in the location to be to the "side" of the existing deck which received a variance in 2005. The pool size has been significantly reduced to the minimum practical size for the family. The maximum 20% lot coverage is only 1.72% over the limit. Willow Point subdivision has numerous variances granted over the years. The adjacent property was granted two lot coverage variances. The first variance in 1998#4602 for the as built gazebo. The Board granted minimal varince for less than 2% over the 20% lot coverage. In 2013 the Board granted a larger variance allowing 22.969% lot coverage. The subject variance is less than 2%, what the Board described as "minimal" in 1998. The proposed pool will not alter the character of the neighborhood. Adjacent neighbors similarly have swimming pools in their rear yard yards. (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 owners have eliminated a very useful shed in order to meet the 20% lot coverage. The patio remains on grade. The dimensions of the proposed pool have been made the minimum feasible for the family to enjoy and with a custom design to limit lot coverage. (3) The amount of relief requested is not substantial because: The proposed pool, requires only 21.72% is substantially in compliance with the code. This variance is de minimis. • (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house is protected from flooding or erosion by the bulkhead. Moreover,the man made canal causes no erosion or flooding. The proposed location of the pool is no closer than 50' from the bulkhead, at a safe and reasonable setback. This board has approved similar variances within this neighborhood. See attached list (5) Has the alleged difficulty been self-created? (X )Yes, or ()No The pool is pushed away from the bulkhead which causes the pool to be located in line with an existing attached deck which was approved by the Board,therefore the pool is technically in the "side yard. Construction of the minimum sized pool can not be constructed without a variance for a "side yard". The applicant would move the pool closer to the bulkhead, however, at the time we began this application the setback from the bulkhead would have required a variance. Covenants and Restrictions concerning this land: No Yes (please furnish copy). Attached 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. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) _ ature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me th' I day 1 i o I :._ po.r. ) lQ r' �l Q�I I � �� f . RECEIVED FEg 112316 BETSY A.PERKINS ZONING BOARD OF APPEAL s Notary Public,State of New York No.01PE6130636 Qualified in Suffolk l Coun(4)6 , Commission Expires July 18 TT APPLICANT'S PROJECT DESCRiriION APPLICANT: - on ,rn bbt DATE PREPARED: '7' 9-7-- I Sr 1.For Demolition of Existing Building Areas Please describe areas being removed: .5/te . (/02, 0 t:7 ./&w 1/ RECEIVED II.New Construction Areas (New Dwelling or New Additions/Extensions): FEB 1 1 2016 Dimensions of first floor extension: //}t Dimensions of new second floor: (.J(A ZONING BOARD OF APPEALS Dimensions of floor above second level: t i/A Height(from finished ground to top of ridge): i.J(A Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: )J J 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: s{ cS t ( d-c k I. h to(LP.eaS...- Number of Floors and Changes WITH Alterations: 5 cQ.M e l v1 o rot) i cxD f ida_a Lc cnor -art c ,t1 1 " pith yoiva ti clue 40 l csE-c vtc wocxi dear- - 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: f, 7, q Percentage of coverage of your lot by building area: V.Purpose of New Construction: I Y1PZDU r d S 1 -t ran r vis Fexcyt r �zRNYt e l c.( 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): L� f_ 1 s •a sCq c. ■ 'l- )• C�4�r:� 1 I lrl a _ Y�t�C A V 9 Ct71 i/V/ (I pct) re,6,11-- Please ±Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE A(‘, (3 3 FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? FEB 2016 Yes X No B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS )C No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 3 u.t 2.)Are those areas shown on the survey submitted with this application? \fss 3.)Is the property bulk headed between the wetlands area and the upland building area? )(es 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: T Ib 7 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? ►J� E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? f`fo 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? lS If yes,please submit a copy of your building permit and urvey as approved bythe Building Department and please describe: & `rtki-(61 D �n�— � 0"F tS5` J 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? If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel I'-f bu e• ) ( LAI' and the proposed use (nevDood p,no 1 • . (ex existing single family,proposed:same with garage,yhedl or other) UU Authorized signature and Date 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 239n:and 239n of the General Municipal Law. 1. Name of Applicant: ( ; 11c` evn 1 HAI-- 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): Sc - 4. Address of Land Owner: 5. Description of Proposed ii Project: I�I.C-6 I/l(1' 3 W JY\mu/i t )( 6. Location of Property:(road and Tax map J number) 100r) - 66 - os- a5- 7. 5 - 7. Is the parcel within 500 feet of a farm operation? { } Yes (Plo 8. Is this parcel actively farmed? { } Yes $No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Or 9 ica- i /3--- Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted%no ``nn 3 I) � v FEB 11 'Z016 ZONING BOARD OF APPEALS 1 - -) TIBETT SCTM: 1000-56-5-25 AG LIST BASILIO &MARIE ESPOSITO • 8635 N.BAYVIEW ROAD SOUTHOLD NY 11971 SCTM: 1000-56-5-13 TODD &KAREN KRUKOWSKI 60335 RTE 25 SOUTHOLD NY 11971 SCTM: 1000-56-3-13.2 ANGELA NORTON 610 POND AVENUE SOUTHOLD NY 11971 SCTM: 1000-56-3-13.3 931 RECEIVED FEB 11 2016 ZONING BOARD OF APPEALS i Jonathan S. Tibett 20 Stony Hill Path Smithtown NY 11787 July 7,2015 /Pr(Qq 3 2 FEE 1 . L';, Patricia C. Moore 51020 Main Road ZONING BOARD OF APPAL S Southold NY 11971 Dear Ms. Moore: I,Jonathan S. Tibett. owners of property located 185 Willow Point Road, Southold,New York(sctm: 1000-56-5-25) hereby authorize you to act as my agent regarding any and all r applications with the Town of Southold Zoning Board, Trustees,Planning Board, Suffolk County Board of Health, and any other agencies. Ve tru y yours, ialtr--� /r' J nathan S. Tibett APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: TIBETT,JONATHAN S. AND MOORE,PATRICIA (Last name,first name,middle initial,unless you are applying in the name &/® 3 of someone else or other entity,such as a company. If so,indicate the ``�� other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance — Variance o/ FEB 11 2016 Special Exception If"Other", name the activity: ZINC,BOARD OF APPEALS of Zone Approval of Plat Exemption from Plat / or Official Map Other Trustees 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 hich the To i officer or employee owns more than 5% of the shares. IL! YES NO_X ((, if& Complete the balance of this form and date and si;il be ow where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this , day of 70y a o I.5 Signature: J Jo athan P + . . .Moore 0 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: ►' t_ett r 1,1G��Gt-� � YJ I Project Location(describe,and attach a location map): r .5 t )t tow'Po(v\-}- �occ@ =z o(dJ? /7 Brief Description of Proposed Action: tri rcx 's C C,VA/ 0J RECEIVED o c 6 Ivy s iC' XeMrd ( -k FEB 11 2016 I ��'�vex« Lot C oveA ace - ZONIING BOARD OF APPEALS Name of Applicant or Sponsor: —�—(- Telephone: 66 '7J --7657-4 3 3 D a�A L1f+'L Jl �J�- E-Mail:p ; 00fLe mwr Cea S lir Address: t 5 (,WL( low z, lkc,cec) City/PO: State: Zip Code: SeiA41.v ld 1 ( 9'71 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that n may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: -3.a.Total acreage of the site of the proposed action? Ili cj(13___—fferer rte( r b.Total acreage to be physically disturbed? go_ 1 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? rink$ acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0 Rural(non-agriculture) 0 Industrial 0 Commercial esidential(suburban) ❑Forest DAgriculture El Aquatic ['Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? 3 n b.Consistent with the adopted comprehensive plan? F-1 1X1. n 6. Is the proposed action consistent with the predominant character of the existing built or natural NO. YES landscape? ❑ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES' If Yes,identify: _ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES, IX b.Are public transportation service(s)available at or near the site of the proposed action? fJ A c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed acttk/4 ❑ n 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? ll/ n NO YES If No,describe method for providing potable water: _ •/ �2ECEI�IE� — - 11.Will the proposed action connect to existing wastewater utilities? FEB 11 2°16 NO YES 1 If No,describe method for providing wastewater treatment: 70NING 130AI2D OF—APPEAL n ,n 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? 1 r 1' b.Is the proposed action located in an archeological sensitive area? n 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X. ' b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? (�(" If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: II Shoreline ❑Forest 0 Agricultural/grasslands ❑Early mid-successional O.Wetland 0 Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO , YES A ISI 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO. _YES If Yes, a] ❑ 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: ,g1 NO EYES Page 2 of 4 18 Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,darn)? If Yes,explain purpose and size: • 19.Has the site of the proposed action or an adjoining property been the location of an active or closed ,NO , YES solid waste management facility? If Yes,describe: _- 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe:' . _ _ _ (� (� - - - LSI L...� I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponse - 22�GGL�pt�/ p p Date: /ss 'Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the,following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposkiativalt,eq 3 n - FEB 11-2b16 - No,or " Moderate small to large ZONING BOARD OF APPEALS 'impact impact t occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning n regulations? I I ' I, 2. Will the proposed action result in a change in the use or intensity of use of land? I I 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 1 El establishment of a Critical Environmental Area(CEA)? '_ 1 5. Will the proposed action result in an adverse change in the existing level of traffic or 1-1 1-1 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 (�I 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, ---, a architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 . No,or Moderate small to large impact impact I may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage I I 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. //; (Pq ) RECEIVED FEB 11 2016 ZONING BOARD OF APPEALS n Check this box if you have determined, based on the information and analysis above,and any supporting documentation, f ' that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. nCheck 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. Town of Southold-Board of Trustees Name of Lead Agency Date President 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) PRINT Page 4 of 4 ( „_ LWRP CONSISTENCY ASSESSMENT FORM RECEIVED A. INSTRUCTIONS FEB 11 2016 1. All applicants for permits* including Town of Southold agencies, shall BONING BOARD OF APPEALS complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION proposed construction of an in-ground pool SCTM#1000- 56-05-251 ' Willow Pint Road, Southold The Application has been submitted to (check appropriate response): Zoning Board of Appeals_X Town Board Planning Dept. Building Dept. Board of Trustees X 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Zfr&q3 Nature and extent of action: proposed pool 1 2016 FEB 1 Location of action:185 Willow Point Road, SoutholdOF APPEALS zo 1NG BOARD Site acreage: 17,918 sq.ft. Present land use: residential- existing structures Present zoning classification: r-40 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: Jonathan Tibett (b)Mailing address:185 Willow Point Road, Southold (c)Telephone number: Area Code( ) do Pat Moore 765-4330 (d)Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes dverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. • .y 1 X Yes No Not Applicable P6,,V3) proposed swimming pool enhances the community character and value to the neighborhood Attach RECEIVED additional sheets if necessary FEB 1 1 2016 ZONING BOARD OF APPEALS Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable 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 X Yes No Not Applicable The improvements to existing dwellings enhances the visual quality of the property, and has no impact on the scenic resources. additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable proposed house is landward of bulkhead without threat from flooding and erosion. The proposed swimming pool is landward of a bulkhead. There is no threat of flooding or erosion. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable X Attach additional sheets if necessary 1 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. X No X Not Applicable proposed swimming pool is landward of a bulkhead,no impact on fish and wildlife Attach 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 /1jr&93 / Section III-Policies Pages; 34 through 38 for evaluation criteria. RECEIVED Yes No X Not Applicable FEB 1 1 2016 Attach additional sheets if necessary ZONING BOARD OF APPEALS 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 X Not Applicable 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. Yes No X Not Applicable lower platform landward of bulkhead Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Existing 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. C� Yes No X Not Applicable RECEIVED FEB 1 1 2016 Attach additional sheets if necessary BONING BOARD OF APPEALS Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable .0.OfOUre : Southold Town Board of Appeals 'Viol Y►� , MAIN ROAD- BTATE ROAD 25 SOUTHOLD. L.L. N.Y. 11971 , TELEPHONE(5161 765-1809 ACTION OF THE ZONING BOARD OF APPEALS #6,q 3 Appeal No. 3696 RECEIVED Application Dated November 10, 1987 TO: Mr. John A. Bertani , Builder 2o16[Appellant(s)] for RICHARD NASS FEB 1380 Oakwood Drive Southold, NY 11971 ZONING BOARD Of APPA LS At a Meeting of the Zoning Board of Appeals held on January 11 , 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ l Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 [ ] Request for Application of RICHARD MASS for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate open wooden deck with a setback of less than 75 feet from existing bulkhead along canal , at premises known as 50 Willow Point Road, Southold, NY; County Tax Map District 1000, Section 56, Block 5, Lot 25. WHEREAS, a public hearing was held and concluded on December 10, 1987 in the Matter of the Application of RICHARD NASS under Appl. No. 3696; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1 . The premises in question is located in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 5, Lot 25. 2. The subject premises contains a total area of approximately 18,000 sq. ft. with frontage of 100± feet along the north side of Willow Point Road and frontage along Budd' s Pond (canal ) of 132 feet. The subject premises is more particularly known as Lot #23 on the approved Subdivision Map of Willow Point of June 16, 1966, Map #4652. 3. The subject premises is improved with a 11=story frame, single-family dwelling as shown on the June 16, 1987 copy of a survey prepared by August Nappi , Northport, NY, certified to George and Ruth Dornauer, scaled out to 42± feet from the front property line and 64± feet from the existing bulkhead. (CONTINUED ON PAGE TWO) DATED: January 25, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) ' C IVFD Page 2 - Appl . No. 3696 /0 FEB r Matter of RICHARD NASS Decision Rendered January 11 , 1988 ZONING BOARD OF APPEALS 4. By this application, appellant requests a Variance under the Provisions of Article XI, Section 100-119.2(B) of the Zoning Code for permission to construct a new open-wood deck construction at the north side of the existing dwelling of a size approximately 30' by 10 feet as shown by the sketch submitted with this applica- tion and leaving an insufficient setback at not less than 54 feet from its closest point from the existing bulkhead. 5. Article XI, Section 100-119.2(B) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The Courts have held that the area setback variance must meet the "practical difficulties" standard, considering at least the following: (a) the relief requested is not substantial in relation to the requirements; (b) the project as proposed is not out of character with the neighborhood; (c) the circumstances of the property are unique and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, comfort, convenience or order of the town; (e) the variance requested shall be the minimal necessary; (f) there is no other method feasible for appellant to pursue other than a variance. 7. It is the opinion of this Board as follows: (a) the relief requested in relation to the requirements is substantial ; however the relief requested in relation to the existing nonconforming setback as applied is not substantial ; (b) similar setbacks are established in the immediate area; (c) the circumstances of the property are unique and the circumstances are not personal in nature, particularly due to the nonconforming lot size, width, setback from bulkhead; (d) the variance if granted as applied would not in turn be adverse to the safety, health, comfort, convenience, or order of neighboring properties; (e) there will not be an increase in population density thus created by this variance, (f) there is no other method feasible for appellant to pursue other than a variance; (g) the relief requested is the minimal necessary and is not unreasonable; (h) that in view of all the above factors, the interests of justice will best be served by granting the relief, as condi- tionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis , it was RESOLVED, to GRANT a Variance for the construction of the Page 3 - Appl . No. 3696 • Matter of RICHARD NASS Decision Rendered January 11 , 1988 open-wooden deck construction, as applied in the Matter of the Application of RICHARD NASS under Appl . No. 3696, SUBJECT TO THE FOLLOWING CONDITIONS: 1 . Deck not exceed a total 30' wide by 28 feet deep, or extend further than 10 feet from the rear edge of the dwelling as exists [as applied]; 2. Nearest setback from the bulkhead for the proposed deck be not closer than 54 feet [as applied]; 3. The deck construction remain open and unroofed [as applied], 4. Any and all outside lighting shall be shielded to the property (similar to a mushroom-type shield) and not adverse to neighboring properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent. ) This resolution was duly adopted. 1k ' peY GERARD P. GOEHRINGE11, CHAI RECEIVED AND FILED BY THE SOUTIIOLD TOWN CLERK DATE ik-e,Af HOUR 9-./0 Town Clerk, Town of SoutholdA761 3 ors,gyp f FORM NO. 4 c TOWN OF SOUTHOLD BUILDING DEPARTMENT ,CSp 9 3 Town Clerk's Office Southold, N. Y. RECEIVED FEB 11 2016 ZONING BOARD OF APPEALS Certificate Of Occupancy No.z?;405. . . . . . . Date Oct . . . .5. . . . ., 197.1. . THIS CERTIFIES that the building located at dil•low• Point ?oad • • • • Street Map No.Pl4.11ow Pt Block No. . . . . Lot No. . 23 . . . .Southold . . N.,X,. . conforms substantially to the Application for Building Permit heretofore filed in this office dated 11.pril . . .16 , 19 71. pursuant to which Building Permit No. .524-1.1-L dated .April. 16• • , 19 71., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is VLVatO. .Q110. in Ly. .dwelling The certificate is issued to . Geprge. A.ornauer. . . . . Owner (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval —August. • 1.0.19.71 . by ii,. :Vi] House # 185 f Building Inspector 1 FORM NO. 4 w TOWN OF SOUTHOLD '696)39 BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. FEB 11 2016 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No Z--17519 Date NOVEMBER 16, 1988 THIS CERTIFIES that the building RENOVATION & ADDITION Location of Property 50 WILLOW POINT ROAD SOUTHOLD N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 56 Block 5 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 31, 1987 pursuant to which Building Permit No. 16415-Z dated SEPTEMBER 1, 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued isRENOVATION & ADD. TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to RICHARD NASS (owner, XXXXXXXXXXXXXXXX) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - NOVEMBER 7, 1988 PLUMBERS CERTIFICATION DATED JULY 1, 1988 - HENRY J. SMITH & SON, INC. /24:4 Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD IJ BUILDING DEPARTMENT / (( Office of the Building Inspector Ud Town Hall RECEIVED Southold, N.Y. FEB 1 1 2016 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No 217596 Date DECEMBER 14, 1988 THIS CERTIFIES that the building DECK ADDITION Location of Property 50 WILLOW POINT ROAD SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 56 Block 05 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEB. 5, 1988 pursuant to which Building Permit No. 167432 dated FEB. 17, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to RICHARD NASS (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A L Z.B.A. APPEAL #3696 7 ;7-4,7-e C-341( Building Inspector Rev. 1/81 ` t ) FORM NO. 4 &' q3 7 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall FEB 1 1 2016 Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-31713 Date: 07/28/06 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property: 185 WILLOW PT RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 56 Block 5 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 5, 2005 pursuant to which Building Permit No. , 31360-Z dated AUGUST 12, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION & ALTERATION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5780 DATED 10/27/05. The certificate is issued to RICHARD & SUSAN KUBIAK (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2082347 05/30/06 PLUMBERS CERTIFICATION DATED 11/22/05 JOHN W. REICHERT **-21t ri ecilinature Rev. 1/81 : f,g: TOWN OF SOUTHOLD 93 BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECEIVED SOUTHOLD, NY „ FEB 1 1 2016 BUILDING PERMIT ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS_- UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 40213 Date: 10/26/2015 Permission is hereby granted to: Tibett, Jonathan 20:Stony`Hill Path 2- Smithtown, mSmithtown, NY 11787 To , construct additions and alterations to an existing single family dwelling as applied for. At premises located at: 165 Willow Pt Rd, Southold _ _ _µ- SCTM #473889 Sec/Block/Lot# 56.-5-25 Pursuant to application dated 10114/2015 and approved by the Building Inspector. To expire on 4/26/2017. Fees: _ SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $992.00 CO -ADDITION TO DWELLING $50.00 Total: $1,042.00 f S ate'' a J _% -131311ding Inspbc, , 44 7 :l'ille:.41(1.. . '..#.11-',:;,4, . , s jo? I .• i Alo Jr'x'' ;', ,,y 4 III iii -.__.__._ iiiin •••• •• • ,__ _ . , __ ... ,. . .. , . } __s. , __. / 1 . . , , ,, _ „..., : III. 'nil 1101 01 1 BMW r i.L ■ • ilj ' iFiA .. ? 4}}`y • • • TIBETT nrilf185 WILLOW POINT RD /19 \� SCTM: 1000-56-5-25 0 11 QQ�P� x• 60PR� OF b. NTNG ,t,„: 1 t !N ';‘,••:144.!,',,*. .7O ha `' / ,: :'� Y 0s.,::poi" y it c,. . ,' i . 44 /'% ti } .e' er 'F; . ^ a $ t f 4s' FYI i I � % vvr -..Tr"-70'. - 'T ' } F .,... o-, 4 " '�L - . %,-..4).. r . • --,..-,i...7-,„,..,„...., „ i *r � 3 .,� � ` ` i. yirr� ,M „�. . - rh •Y �.'_ v • • -•I b73 • .,•5 1 ,•H fir. s t 3- •e - R} 4r 'y,° .•.s:.' ` �`.w .. r FrYtP' W1'}*`•' • •.i {t yy y 'Z7.*"."*".ii-'''''‘,",'...1.t;,•:1' Lir r r` "^ 1 .Si'i' �_ l - - -I ' I F .. _ •'1., ,fir PG ec.111r•rw-P•R. .. . IP ,.,..1 .• NI • . •... r -4.1WO , .0,0P ' • #0 ' % ) OA° • ' V. ,... { 0 $4 iht,14; 'ti ••• :,,,, • , -•.. .. . , •. < ••• ., .N.4.0. %Pr, q. •.. • ,.:: ''' ..".. . '' .•., , •• N ....., 1.4, - 4•p.',.• '''I' ' 0 ,,. :. • *: • ' 'la - ,, • ,'1 k,- ; • It % . -- 1r 4, ),' •,. .. . ,ws . ',.' , •'At '• •,,,#..c r • ..., . a -:e. • , ,,, in• . avee p • 4E'4 . i t ' ' , ..•'•'I; * • 4 - : • - .4,, - , _ • 3. r., 1111 ,^ .. F - - - ItOigtvr- -. . .ir ,i" 111010.0" '•an.'.. X , il i 1 TIBETT 185 WILLOW POINT RD _ SCTM: 1000-56-5-25 _ ___ 4` I 4 A - ,.. • 4,04 -1. 1.,k 1. Iii• iilioi Ike 4, •1 , -Z 1 , . 404 • -- " All. •-• • . i .„ .. .. . • • • # . 1 ' .. • .• 4 , • dr i * • • ,v.'N- 4., , , - ., ...• 4 . , -•Yir :-. 4: - ) ea,- -4:0"-" .• , 4-4 ' As. • . • . .,.. • • .%. c ,r, ..' * ,, .., . . • i' '- ._ ° .... 30e.:.‘1 4411.5.11" . •• C - -. . lk 4 '?- ''t *• # , , N,...- „-- 4 i ,1:(YlVi-s . - •- - or, • _ ,.. ....., •, OF APPEALS .4 • ,, S. ,..- , •,,,.4 „ .fr "P"' _JI ( ...e".' 4011ING BOARD -- APPEALS BOARD MEMBERS �'' ®S������C� 1��* . Southold Town,Hall Gerard P. Goehringer,Chairman y� 53095 Main Road James Dinizio,Jr. ; c* _ P.O.Box 1179 Lydia A.Tortora Vt3 471 Southold,New York 11971 Lora S.Collins ;y?,� a® 1' ZBA Fax(516)765-9064 1 [ ,.� Telephone(516)765-1809 George Horning - ,," BOARD OF APPEALS U/ G 3 TOWN OF SOUTHOLD ' RECEIVED FEB 1 t 2016 ZONING BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF SEPTEMBER 30„ 1998 Appl. No. 4602—CLIFFORD AND RUTH CORNELL 1000-56-S-26 STREET&LOCALITY: Lot #24 at Willow Point, 325 Willow Point Road, Southold DATE OF PUBLIC HEARING: September 24, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above-referenced property is located along Willow Point Road with frontage along an underwater canal (Budd's Pond), Southold. The June 5, 1998 survey map prepared by Joseph A. Ingegno, L.S. shows that the property size is 18,216.04 sq. ft., or .418 of an acre in size (to the filed map line). The property is improved with a one-story frame house with attached garage, sunroom and wood deck areas. Accessory to-ground swimming pool and gazebo structures exist In the rear yard (north of the dwelling). The property has 110.04 ft. of bulkhead, and a wood retaining wall near the northerly edge of the in-ground pool/deck areas. BASIS OF APPEAL: Building Inspector's September 4, 1998 Notice of Disapproval with respect to the "as built` 2.8 ft. setback, and two other Notices of Disapproval dated July 28, 1998 with respect to lot coverage and Section 100-33. (Note: Section 100-244B for nonconforming lots). AREA VARIANCE RELIEF REOUESTED BY APPLICANT: Applicant has applied for a building permit for the"as built" 78 sq. ft. accessory gazebo structure which is located in the northeasterly yard area, at a set back of 2'9" from the side property line, instead of the minimum 3 ft. required by Code. Also requested Is a total lot coverage of 4,289+- sq. ft. calculated for all building area, which is confirmed by the Building Inspector to be 646 sq. ft. over the allowable 20% (3,643 sq. ft. + 646 sq. ft. = 4,289 sq. ft.). The total lot size Is 18,216 sq. ft. Page 2 - September 30, 1998 Appl. No. 4602: 1000-56-3=26 (Cornell) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirablethange in character of neighborhood or a detriment to nearby properties because the gazebo is a small decorative structure with open sides located in the rear yard. • (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the swimming pool was built in 1977 and the decks were built in 1983, all In accordance with permits issue by the Town Building Inspector. Requiring the removing of enough of the existing structures to bring the total lot coverage down to 20% is not feasible. In addition, requiring the applicant to move the gazebo three inches to meet the side yard setback is not necessary because the structure is located In the rear yard where three inches will not be noticed. (3) The requested area variance is not substantial. The gazebo will add 78 square feet, less than two (2%) percent, to the total lot coverage. (4) The situation is self-created. (5) In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDITION that the lot coverage not exceed 23.6% (or 4,289 square feet) at any time now or in the future. VOTE OF THE BOARD: AYES: MEMBERS GOEHRIN R, DINIZIO, TORTORA, COLLINS, AND HORNING. This Resolution was duly .,:' ed ,-0). GERARD P. GOEHRIN ' 10/(198 RECEIVED AND FILED BY Approved for Filing THE SOUTHOLD TOWN CLERK ***************************** k,q "7 DATE/a/879"HOUR /;oo?47 1000-56-6-26 RECEIVE' 66 vo,1,��2� _ n„ FEB � �. 2u�5 Town Clerk, Town of Southold ZONING bOARD OF APPEALS APPEALS BOARDME1Li13ERS • � ®� soo• ® Southold Town Hall Ruth D.Oliva.Chairwoman ti0 yl0 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer ; * * Southold.NY 11971-0959 Vincent Orlando : co Office Location: James Dinixio.Jr. �O Town Annex/First Floor.North Fork Bank Michael A. Simon i al�COfl�`( 54375 Main Road tat Youngs Avenue) __ a25 Southold.NY 11971 http://southoldtowu.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED '/'—_ )4 Tel.(631)765-1809•Fax(631)765-9064 '�r/s-f'''z NOV 4 2%5 FINDINGS, DELIBERATIONS AND DETERMINATI N • MEETING OF OCTOBER 27, 2005 trehvId Town. �Clerk ZB File No. 5780—Dr. and Mrs. Richard Kubiak Property Location: 185 Willow Point Drive, Southold CTM 56-5-25 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 17,918 sq. ft. parcel has 100 feet along the north side of Willow Point Road in Southold, and is improved with a two-story frame house With attached garage,and accessory shed,as shown on the March 29,2004 survey,amended Octo- ber 3, 2005 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's August 12, 2005 Notice of Disapproval, citing ZBA Condition rendered under Appeal No. 3696 for disapproving the application for a building permit. The ZBA stated that the deck construction shall remain open and unroofed (Matter of Richard Nass as requested), and this is a request for a new 16' x 18' one-story addition within the footprint of that deck. The appeal filed in January 1988 under File No. 3696 involved a request for a setback variance, under Section 100-119.2 (renumbered to 100-239.4) concerning open deck construction at less than 75 feet from the wood bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 20, 2005 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 s wish to construct a 14.9' x 17.4' one- story addition, replacing a section of the open, unroofed deck area, as shown on the October 3, 2005 amended survey prepared by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: ,Y I,, P kRE EIVED FEB 11 2016 ZONING BOARD OF APPEALS ti • Page 2—October 27,2005 0 ,ZB File Ref.5780—R.and S.Kubia cr' CTM 56-5-25 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants s propose a single-story addition in place of a 14.9'x 17.4' deck area, restricted as applied for 1/11/1988 as `open to the sky." The remaining deck area will continue to remain open to the sky and is not proposed to be altered or enlarged. The new addition will be of the same style as the applicants 's home, and will be located at the same setback as the former deck, without further extending into a side yard of the home. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. Although the proposed one-story addition is located at less than 75 feet from the wood bulkhead, the new construction will square off the northeast corner of the home and will maintain the same lines of the dwelling that exists without further extending into the yard adjacent to the canal. 3. The variance granted herein is not substantial. 4. The difficulty was self-created in respect to the appeal filed in January 1988 for a variance under Section 100-239.4E (previously 100-119.2) under File No. 3696 concerning construction at less than 75 feet from the wood bulkhead. 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. In addition, the Board of Trustees Permit No. 6135 was obtained by the applicants on or about May 18, 2005 concerning this new construction. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants s to enjoy the benefit of an addition replacing a section of the existing deck, 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 Dinizio, seconded by Chairwoman Oliva,and duly carried, to GRANT the variance as applied for, as shown on the October 3, 2005 amended survey / prepared by Peconic Surveyors, P.C. and elevation drawings dated August 15, 2005 prepared by James E. Fitzgerald,Jr. %t. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolutio as duly adopted(4-0). \ q 3 /1 Ruth D.Oliva, Chairwoman 11/y /05 RECEIVED Approved for Filing FEB 11 2016 ZONING BOARD OF APPEALS 1 BOARD MEMBERS ��,,''' Southold Town Hall Leslie Kanes Weisman,Chairperson ��'`����SOuTif0:',„ 53095 Main Road•P.O.Box 1179 , AO pSouthold,NY 11971-0959 Eric Dantes 14 �; Office Location: Gerard P.Goehringer u, . Town Annex/First Floor,Capital One Bank George Horning • ,,�. �tik �, 54375 Main Road(at Youngs Avenue) Ken Schneider ..`'�l, lid,��/ Southold,NY 11971 'tom,iU/ 1, '( '--...... .. http://southoldtown.northfork.net RECEIVED RECEIVED ZONING BOARD OF APPEALS + 11113 FEB 11 2016 TOWN OF SOUTHOLD OCT 2 3 2013 er,Tel.(631)765-1809•Fax(631)765-9064 Ci. ZONING BOARD OF APPEALS S thold TOW C er FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 17,2013 ZBA FILE: 6689 NAME OF APPLICANT:Johnny Donadic PROPERTY LOCATION:325 Willow Point Road,(adj.to a canal) Southold,NY SCTM#1000-56-05-26 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 H 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 September 11, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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 September 22, 2013. 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 EXEMPT from Coastal Consistency Review. , PROPERTY FACTS/DESCRIPTION: The parcel is 18,217.38 square feet in an R-40 district. The parcel fronts Willow Point Road for 148.92 feet,the eastern boundary is 127.44 feet,the western boundary is 148.73 feet and the northern boundary,which is bulk-headed at a canal,for 110.04 feet.The parcel is improved with a one story frame- stone-vinyl residence,an in-ground swimming pool and floating docks with metal landing and ramps. All as shown on the survey of the parcel prepared by Elizabeth G. McQuilkin, L.S., dated January 31,2011,last revised July 31, 2013 and August 21,2013 to add Proposed additions and Lot Coverage. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B)and Article XXIII Code Section 124B and the Building Inspector's August 14,20I3,amended August 23,2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1)proposed construction at less than the code required bulkhead setback of 75 feet,2)more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests a variance to construct alterations and a second story addition to the existing dwelling at 39.6 feet from a bulkhead where the Code requires a minimum distance of 75 feet. ( ) Page 3 of 3—October 19,2013 ZBA#6689—Donadie SCTM#1000-56-5-26 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing 10 /4/ /2013 X432 flieb PE/9 1 2015 0At1NG 80 4 RD pF APPS ,iwl�www1111e1 TO:::-'.:14 OF SOUT' OLD' ' ®-'ERT RE ® D C Mg c4 ,_q.l 5,-,n Ku_b,'akSTREET / 75 VILLAGE / DIST. SUB. V LOT j a 3 a5�5 '-t D a 41 '�. Norano `V I ( b �O i I!1 t M o,a - =' ,if al(-Z-12-1 ?e,L-'144---'(." FORMER OWNER- �c.l�ard. 2. ►\/c s N E ACR.tit/f ,._k,.iz._p4z;ez:r.r_ 8'��-� U r &u e r.g t,c.)-p�� 7j�eL4 /((, l4c—% / �c/<c� S W TYPE OF BUILDING ` sL/ : - / s '. P�11 m - 4--rt' • . RES. 2.10 SEAS. - VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ir%/ U ,6 . // es V //it /‘7 - s X e Y//77/ • / 7/ Sou --'- - �4 O • : 0 0 / 7 0 U ,. - -sit 5°/7/ ! .ex- "t tr / a 4 -• 3 `74, A 0 0 `//i b/7/ L-- . .z o v ,3 a v Yar-a o / //G/7 �- 9�'I (7 B 1 Lam}t; =Uc x)kcctc.F. 4--Aot� t<)u -) G_c t o 6j o cx7, �-2--050 8 to, zIo, 4oc> �4�i a /a 6124, '8'7 1-101-14c1 � 35 .boc-nac.ketr -6 Bass 1- (A.t)do 2-20-0 -q 3o7) ( ) ' i / 31, / 07 sltif a3 COP 1(,x743 n.=.0-t . Ptagret E zc , ----- 513[9/-1-ll ---'513[q/-1-ll X7-7 (364- NO 5.S ho n/OO/)n ` 3S .,c7 O g-(i —Lit 7 , 5' 7 - nr6'an ? t a 3(• a : ) 1 a f o0- 6Pz 3 36O addifie n -a.li'eira,HOfl AGE BUILDING CONDITION NORMAL BELOW ABOVE �/,�, _ FARM Acre Value Per Value . Acre Qi°CETV�C, Tillable FRONTAGE ON WATER i 3 -/ F a Woodland FRONTAGE ON ROAD 0 0 /00 ' 'ONING BUARD OF APPEALS Meadowland 'DEPTH 7.)-7, r House Plot BULKHEAD Total DOCK v II'. Icy : »mak_ riacam' . '!'� 1?L2g-- ",: rv��c '.z "[ ` ) n 4 kg v r ' I.( ':;`�'q1�,°a�`�'�,�����T+�4'SF= �� ��s�'�.`:�.g �'?��� .,�e.`y°'frzf' ,�,y�.r'a"'"�:u��,t -- .,." "'L-F s- --�`,'t �1'.,�ca_F; ,� "b;. :..., .'"`s ,'X,.ti xy✓r L.,41.1%,.14,2.-rw-), �"r`,. dam- .5 a•`e�fid, .y ,n:^<,6. ' ,6 .t �C i t_�'�'�+:%wLfTAi�a`.'ry i 5�� � i—t,� g� J 1 t-- '''" <'Xh Y6.'4 »r.,,7z..4 •-i/P' ... s+'�x'"s.V'`t,•r�'�i L fi: !'1� it ,`T,4 ) / i-�^ f— ��.�:�.��G. ---..-.--‘,... -,40.<-.4„1.:,--.-a,,,• �.: Lr � �• ;?°`.;;, LOR � � TRIM t�J ! `T� ,'- ,'t,,••c •• ,.S.-41.,.%"4-'47;4•*.: _..„,.'--. t' lt,,,'4•ZiceiFf' ti 1%'i 1,.g 1:e:..- c•;.-..--'••••• s•-•4 • "' . _ ._ i,. i �•1:• -ti€zf wTfr'�u{ ,kr.R`t•t5 i t .7 _ ,,,..li. .1-..7iF liarlitj 121 ' 11--;'rwi ..?,tel': 000 5 &--5-2,c- TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET \ 225, VILLAGE DIST. SUB. LOT Z aina vt S � \nl \ d w P+ 2d SOc,t` 01 S in-I- ACR. , I } REMARKS 1 �Z51i0 2- 10 22. Ft 226- )►,ibE'ak TYPE OF BLD. PROP. CLASS 210 LAND IMP. TOTAL DATE ZZ ou 9 3ao 11tso0I , , O7 RECEIVED FEB 1 11 2016 ZONING BOARD OF APPEALS • FRONTAGE-ON WATER HOUSE/LOT BULKHEAD TOTAL II' sufFoLit, ELIZABETH A.NEVILLE,MMC �,0 tea® �� Town Hall,53095 Main Road TOWN CLERK ® ; P.O.Box 1179 t rss rf,v I Southold,New York 11971 REGISTRAR OF VITAL STATISTICS o� � Fax(631)765-6145 MARRIAGE OFFICER ?_�,� ®x°01. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER . ®4 •••' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER '-.> .,;,,•• OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: February 19, 2016 RE: Zoning Appeal No. 6937 Transmitted herewith is Zoning Appeals No. 6937 for Jonathan Tibett-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form from Jonathan S. Tibett and Patricia Moore, LWRP Consistency Assessment Form,Notice of Disapproval,Action of the Zoning Board of Appeals for Appeal No. 3696, 4 Certificates of Occupancy,Building Permit#40213, Letter of Authorization from Jonathan Tibett for Patricia C. Moore, 2 Pages of Photos, Findings Deliberations and Determination Meeting of September 30 of 1998, Findings Deliberations and Determination Meeting of October 27 of 2005, Findings Deliberations and Determination Meeting of October 17 of 2013, Property Record Card, A Copy of the Site Plan, Site Plan. F * * * RECEIPT * * * Date: 02/19/16 Receipt#: 200395 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6937 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#222 $1,000.00 Tibett,Jonathan Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Tibett,Jonathan 20 Stonyhill Path Smithtown, NY 11787 Clerk ID: SABRINA Internal ID:6937 BOARD MEMBERS •,i�' ®� sour;= Southold Town Hall Leslie Kanes Weisman,Chairperson d�� � _�, ® 53095 Main Road•P.O.Box 1179 t' - ', t" Southold,NY 11971-0959 . Eric Dantes �+ , , ., g.7Office Location: Gerard P.Goehringer �* ,i Town Annex/First Floor,Capital One Bank -cpGeorge Horning �® _ ;��a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider ;l�C®U9t o;lia� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 7, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, APRIL 7, 2016: 11:15.A.M. .- JONATHAN TIBBET #6937 - Request for Variances from Article III Section 280-15F and Article XXIII Section 280-124 and the Building Inspector's January 27, 2016 Notice of Disapproval based on an application for building permit for accessory in- ground swimming pool, at; 1) proposed in location other than the code required rear yard or front yard on waterfront property, 2) more than the maximum code allowable lot coverage of 20%, located at: 185 Willow Point Road (adj. to dug canal) Southold, NY. SCTM#1000-56-5-25 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing: Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothATown.Southold.nv.us Dated: March 7, 2016 ZONING BOARD OF APPEALS - LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of(06)3q, TIBETT AFFIDAVIT OF (Name of Applicant) MAILINGS APPEAL Le./31 SCTM Parcel #1000-56-5-25 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 14, day of March, 2016, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X ) Assessors, or ( ) County Real Property Office , for every . property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. • 110 - (S,gnature B TSY P' ' . S 2P Sworn to before me this ?' day of March, 2016 e, KI/," ,‘ , (No ary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County / Commission Expires June 3, a2±O7 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. TIBBETT SCTM: 1000-56-5-25 ZBA NEIGHBOR LIST *(4965/V Walter& Genevieve Boron Anita Frankovic 645 Bay Home Road 786 Fairview Lane Southold NY 11971 Cliffside Park NJ 07010 sctm: 1000-56-5-24 sctm: 1000-56-5-33 Johnny S. Donadic - Frank&Linda Healey AA Donadic Trust 88 Murfield Road 5 Harrison St 5th FL Rockville Centre NY 11570 New York NY 10013 sctm: 1000-56-5-14 sctm: 1000-56-5-26 Steve&Marica Donadic Town of Southold Plandome Manor PO Box 1179 180 Bayview Road Southold NY 11971 Manhasset NY 11030 sctm: 1000-56-6-14 sctm: 1000-56-5-32 __RECEIPT ~+ RECEIPT RECEIPT vy RECEIPT RECEIPT 9214 7042 4388 0900 0078 87 9214 7042 4388 0900 0078 96 9214 7042 4388 0900 0079 02 9214 7042 4388 0900 0079 11 : 9214 7042 4388 0900 0079 20 RECEIPT FROM FROM. FROM FROM. FROM. 9214 7042 4388 0900 0079 57 Moore Law Office Moore Law Office Moore Law Office Moore Law Office Moore Law Office FROM RE TIBBETT RE TIBBETT RE TIBBETT RE TIBBETT t RE TIBBETT Moore Law Office RE TIBBETT I SEND TO* SEND TO. ! SEND TO SEND TO: ' SEND TO Walter&Genevieve Boron Johnny S Donadic Steve&Mance Donadic Anita Frankovic I Frank&Linda Healey SEND TO 645 Bay Home Road AA Donadic Trust Plandome Manor 786 Fairview Lane ' 88 Murfield Road Southold NY 11971 L 180 Bayview Road Cliffside Park NJ 07010 Rockville Centre NY 11570 Town of Southold 5 Harrison St 5th F 1 PO Box 1179 New York NY 10013 Manhasset NY 11030 Southold NY 11971 ; FEES. _ FEES FEES* FEES: -- ; 5 P 0485 Postage 0485 Postage 85 { Postage 0 485 Postage 03'30- Certified e: ®® 0 FEES. Certified Fee 3 30 ,` O i , Certified Fee. 3 30 Certifie ` 0; Return^ p.� L o Postage 0 485 ReturnR -dp1 70 Return A� p� • p� Return Re®;® 2 70 Ret f�^�S _ -1 _r`\ _ Certrf t- 3 30 V �A Certified F=- �a� -�" Restnc �Y�® v0 Restn ed i ��; ,� Restr 4� I Re tkLF 'F ; Restnc-. - , Ret r�' �® ,,70 6 - l' �� T eAy� 6 4055 el st8 , AL -- -4-6.'8�5 TOA 14-4°).0'6k-'/1"-°1;„,,L1, �,4� 6 48° e'°t, .d "Q$ MA�RVO“RE, E •R \ . F�• ORoD' i4Z I Pp.iwre) co MARareORBD PI,S � ARKOE�'DAT=(0' �,)$.1,4k �$ P S ,ARI{OR`DeT,t �� Y�916 -� c �'` e�i�� P E' OSTMglkic,D6 9' 1 i MOORE LAW OFFICE. 3. Service Type 51020 MAIN ROAD X Certified Mail® 0 Restricted Delle,r SOUTHOLD NY 11971 _ I , 2 Article Number - G; - 9214 7042 4388 0900 0079 111 1 k _ . . , . (COMPLETE THIS SECTION'ON,DELIVERYr...,. A Si. atur-} I III— X A- ElAgent IIIIIIIII � III 11111111111111 0 Addressee 9214 7042 4388 0900 0079 11 B R eive by(Printed Name) 1 ,,:,hC1',Dattp,of D liv/ery 4//71t10 - VIC1 Article Addressed To D Is delivery address different from ifema i 9 0 s A N I T A F R A N K O V I C 0�-' '- If YES,enter delivery address below• o. �� 0' o 786 FAIRVIEW LANE I - CC �. �® CLIFFSIDE PARK NJ 07010 I ..mm'ii �— oE 313 o o cc 0.5� `�f� II 111111111 IIIIIIIII � I � �IIIIIII � IIIIIIIII ❑ai � �S _ 9290 9042 4388 0900 0079 14 ; ! ,� HA . rl �n o PS Fo'rrn 3811 Facsimile,April 2015 ` Domestic Return Receipt z = F ® m ___ _ -� _ GA MI I F O = 0 O F VJ A ""MOORE LAW OFFICE 3. Service Type N H OZ Z ru 51020 MAIN ROAD ®Certified Mail® 0 Restricted Delivery ? ,. o :V3 A rn p SOUTHOLD NY 11971 ru -0} z wH o ® °.' i ¢Z O } 2. Article Number i °.-- Z A ¢ ® o ImamEN 9214 7042 4388 0900 0079 20 ru ;=_ = 3 ® °r Q Oa W IU I IIIIIIIIIIII dONIPLETETHISECTION ON€DELIVERY IIIIIIIIII III IIIII En 0 A Si re (� ami a'`o o u,ãi2G! y �X / � I`;; o Addressee 9214 7042 4388 0900 0079 20 `' ��r,; 0 ❑} �, B--Received by(Printed,Name) d Date of Delivery tl W ' ❑ (t- 4 a I,®- 1. Article Addressed To Z D Is delivery address different from t: ���❑ tis FRANK & LINDA H E A L E Y ,,,z - i , ,,i •y c,. II IIIIII IIIIII IIIII J W a 0 'NEN 'IIIII II11111111111 I ~ ` ° a' Z , 9. -o u. � r ai � � r 9290 9042 4388 0900 0079 21W:` Y °: °' o0 a „ ' )W • CO 'PS Form 3811 Facsimile,April 2015 Domestic Return Receipt ';_Ot,;rn y>- , to MOORE LAW OFF CE 3 Service Type _ a. 51020 MAIN ROAD SOUTHOLD N Y 119 71 ®Certified Mail® 0 Restricted Delivery 2 Article Number 9214 7042 4388 0900 0079 57 . , COMPLETE THIS SE , . „, A. Signet re ON DELIVERY ` I I II I II I I I IIII I I I�III III I I f r ~ X ❑Agent IP-) ,' , ❑Addressee 9214 7042 43 090Q, OD F}- 57 o , N B •C Date of Delivery r�� ,.J etl.^' rnef 1 Article Addressed To. 1,1-° D Is delivery address different from item 1 9 0 Yes TOWN O F SOUTHOLD ' If YES,enter delivery address below ❑ No PO B 0 X 1179 SOUTHOLD NY 11971 hut III IIhhIh hill ( I I IIIIII I I 9290 9042 4388 0900 0079 52 i PS'Form 3811 Facsimile,`Apnl 2015' I • • , Domestic Return Receipt 1 f1 ' 03')6 013" I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK • AFFIDAVIT OF In the Matter of the Application of POSTING • - (Name of Applicants) . Regarding Posting of Sign upon Applicant's Land Identified as _ - SCTM Parcel#I000- COUNTY OF SUFFOLK) • S TE OF NEW YORK) - - _ I, metC 1 Or C C . l 00re, residing at L • SD,ot., k,C • , New York, being duly sworn, depose and say that: On the 3D day of lithe • , 201 (o, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)daywrisr to the la 2®1 date of the subject hearing date, which hearing date was shown to be- e(. - (Signature) Sworn to .- ore me this Day of 4,, ;lel . I , 201 (P ' BETSY A. PERKINS \ i . . . Notary Public, State of New York eitNo. 01 PE6130636 0 tG 1/ f Qualified in Suffolk Cou ,i (No . . ic) tv Commission Expires July 18,4 I * near the entrance or driveway entrance of my property, as the area most visible to passerby. 1UTKiE OF HEMRIik The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME TIBETT, JONATHAN #6937 MAP # 56 .-5-25 VARIANCE YARD LOCATION ; LOT COVERAGE REQUEST CONSTRUCT ACCESSORY SWIMMING POOL LATE : THURS , APRIL7 , 2016 11 : 15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 - 1809 h #12703 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 31st day of March, 2016. /..--- ei,"(....44--- Principal Clerk 1111, Sworn.to before me this day of —kg 1,� _ , 2016. LEGAL NOTICE 10:00 A.M.-SUSAN and DOUGLAS SOUTIIOLD TOWN LOOZE #6940 - Applicant requests a ZONING BOARD OF APPEAIS Special Exception under Article III Sec- THURSDAY APRIL 7,2010 tion 280-13B(14).The Applicant is the PUBLIC HEARINGS owner requesting authorization to estab- NOTICE IS HEREBY GIVEN,pur- lish an Accessory Bed and Breakfast;ac- suant to Section 267 of the Town Law and cessory and incidental to the residential Town Code Chapter 280(Zoning),Town occupancy in this single-family dwelling, 0}1L.1( .. of Southold,the following public hearings with two (2) bedrooms for lodging and will be held by the SOUTHOLD TOWN serving of breakfast to the B&B casual, CHRISTINA VOLINSKI ZONING BOARD OF APPEALS at transient roomers. Location of Property: WARY PUBLIC-STATE OF NEW YORK the Town Hall, 53095 Main Road, P.O. 1100 Youngs Avenue(aka Railroad Ave- No. 01V061 05050 Box 1179, Southold,New York 11971- nue)Southold,NY.SCTM#1000-60-2-7.1 taugllfl4r9 Suffolk County 0959,on THURSDAY APRIL 7,2016. 10:15 A.M.-NORTH FORK UNIT ANS 00)f011itI(tH tin February 28,2020 9:15 A.M. - LAZARUS ALEXAN- ED METHODIST CHURCH (CV) DROU #6927 - (Adj. from 3/3/16PH) (RMB REALTY,LLC)#6936-Request, 11:15 A.M.•JONATHAN TIBBET 12:00 I'M.•FRANK J.and ELTZA- Request for Variance from Article XXII for Special Exception per Code Section 116937-Request for Variances from Ar- BETH G.KELLY#6898—(Adjourned Code Section 280-116A(1)and the Build- 280-48B1, the applicant is requesting tide HI Section 280-15F and Article from 2/4/I6PH)This is a request under ing Inspector's January 25,2016 Notice of Permission to construct and operate a I XXIII Section 280-124 and the Building ' Article XXVI Section 280-146D request- Disappioval based on an application for house of worship and religious instruc- Inspector's January 27, 2016 Notice of ing Reversal of the building inspector's building permit for accessory in-ground don,located at:43960 County Route 48 Disapproval based on an application for Notice of Disapproval dated August 31, swimming pool,at;1)less than the code (aka North Road)corner Horton Lane building permit for accessory in-ground 2015 requiring site plan approval under t ciluired 100 foot setback-from top of Southold,NY.SCTM#1000-63-1-15 swimming pool,at;1)proposed in`loca- Article XIII Section 280-51A(2),located bluff,located at:2700 Sound Drive(adj. 10:30 A.M.-DANIEL F.HIGGINS tion other than the code required rear at: 1900 Great Peconic Bay Boulevard #6933 to Long Island Sound),Greenport,NY. -Request for Variance from Arti- Yazd or front yard on waterfront property, (adj. to Brushes Creek) Laurel, NY. SCTM#1000-33-1-11 cle XXIII Section 280-124 and the Build- 2)more than the maximum code allow- SCTM#1000-145-4-3 9:30 A.M.-LISA GILLOOLY#6922 ing Inspector's January 27,2016 Notice of able lot coverage of 20%,located at:185 1:30 P.M. - RONALD and PATRT- -(Adj.from 2/4/16PH)Request for Van- Disapproval based on an application for Willow Point Road (adj. to dug canal) CIA IYTcGRATH #6935 - Request for ances from Article XXIII Section 280- building permit to construct a deck addi- Southold,NY.SCTM#1000-56-5-25 Variances from Article XXIII Section 124,Article III Section 280-15C.&F and tion to existing single family dwelling,at; x130 A.M.-KEITH and LYNETTI; 280-124 arid the Building Inspector's Article XXII Section 280-105A and the 1)less than the code required rear yard KANE #6942 - Request for Variances January 20,2016 Notice of Disapproval Building Inspector's October 19, 2015 setback of 35 feet,located at:1745 East from Article XXIII Section 280-124 and based on an application for building per- Notice of Disapproval, last amended Gillette Drive (Cedar Lane not open) Article HI Section 280-15 and the Build- mit to construct covered porch addition March 4,2016 based on an application East Marion,NY.SCTM#1000,38-4-25 ing Inspector's February 17,2016 Notice and legalize"as built"deck addition to for building permit to construct all ac- 10:45 A.M. - JOSEPH and CATH- of Disapproval based on an application existing single family dwelling,at;1)less cessory gad age and"as built"fence,at;1) ERINE MANNO #69380-Request for for building permit to construct screened than the code required front yard setback Accessory garage proposed at less than Variances from Article III Section 280 /°Porch addition to existing single family of 35 feet,2) more than the code m axi- tlie code required front yard setback of 1 SB&F and the Building Inspector's dwelling,at;1)less than the code required mum allowable lot coverage of 20%,10- 40 feet from both streets,2)Lot coverage February 12,2016 Notice of Disapproval side yard setback of 15 feet,2)following cated at:1330 Sigsbee Road Laurel,NY at mole than the code maximum allowed based on an application for building proposed construction existing accessory SCTM#1000-144-1-5.2 of 20%,3)"as built"and proposed fences Permit for accessory garage and acces- garage will be located in other than the 1:45 P.M. - ALFRED J.TERP, JR. at more than the code maximum height sory in-ground swimming pool, at; 1) code.required rear yard,located at:335 #6941 - Request for Variance from Ai- allowed in a front yard of 4 feet on both Proposed.accessories in location other Village Lane Orient,NY. SCTM#1000- tide X Section 280-46 and the Building streets,located at:450 Harbor Road(cor- than the code required rear yard or front 25-2-4.13 Inspector's January 11, 2016 Notice of nei King Street)(adj.to Onent Harbor) yard on waterfront property,2)accessory 1145 A.M. - RALPH and JOAN Disapproval based on an application for a at more than the maximum code VIVTNETTO#6939-Request for Vari- building permit to construct a 5,573 sq.ft. Orient,NY.SCTM#1000-27-4-7 garage 9:45 A.M, - BREEZY SHORES allowable height of 22 feet,located at:325 ances from Article XXIII Section 280- retail building,at;1)less than the code re- COMMUNITY INC. (JASON Wells Road (adj. to Richmond Greek) 124 and the Building Inspector's Febru- quired front yard setback of 15 feet,locat- SCHMIDT)-#6934-Request for Van- ary 22,2016 Notice of Disapproval based ed at:28195 Main Road(aka State Route ances from Article XXIII Code Section Peconic,NY.SCITvf#1000.7 =6-3.2 on an application for building permit to 25) (corner Griffing Street) Cutchogue, the Building Inspector's 11:00 A.M. - ROBERT NORTON construct additions and alterations to NY.SCTM#1000-102-5-4,3,9.6 28280-123 and 2016 Notice of ec #6943-Request for Variance from Arti- existing single family dwelling,at;1)less Dated:March 9,2016 based a2 application for Disapprovalbuilding cle XXIII Section 280-124 and'the Build- than the code required minimum side ZONING BOARD OF APPEALS permitedontconstruct application additions and ai ing Inspector's January 26,2016 Notice yard setback of 15 feet,2)less than the LESLIE'CANES WEISMAN, of Disapproval based on an application code required combined side yard of CHAIRPERSON tions to an existing seasonal cottage at; 1) a nonconforming building contain- for building permit for 'as built' deck 35 feet, located at: 2595 Wells Avenue BY:Vicki Toth ing a nonconforming use shall not be addition to existing single family dwell- (adj. to Jockey Creek) Southold, NY. 54375 Main Road(Office Location) enlarged, reconstructed, structurally al- ing, at; 1) less than the code required SCTM#1000-70-4-17 53095 Main Road(Mailing/USPS) feted 01 moved,unless such building is rear yard setback of 35 feet,located at: P.O.Box'1179 changed to a conforming use,located at: 2120 Gillette Drive East Marion, NY Southold,NY 11971-0959 #8 Breezy Shores Community,Inc.,65490 SCTM#1000-38-2-22 12703-1T 3/31 Main Road (aka State Route 25) aka Sage Blvd.(adj.to Shelter Island Sound) Greenport,NY.SCTM#1000-53-5-12.6 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net - March 7, 2016 Re: Town Code Chapter 55 —Public Notices for Thursday, April 7, 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 21St: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 28th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 5, 2016. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. �� BOARD MEMBERS �'�'� Southold Town Hall + �� � >$0(/jyo 53095 Main Road• P.O.Box 1179 Leslie Kanes Weisman,Chairperson + oO�':' f ,.% �4 Southold,NY 11971-0959 Eric Dantes ,:. . • Office Location: Gerard P.Goehringer � G Town Annex/First Floor,Capital One Bank George Horning �p � ++ 54375 Main Road(at Youngs Avenue) ,++ Kenneth Schneider ' C0(f ,� +� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD EcirvEp Tel.(631) 765-1809•Fax(631) 765-9064 D February 19, 2016 FEB 9 2016 Southold Town Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #6937—Tibbett, Jonathan Dear Mr. Terry: We have received an application for construction of an accessory swimming pool in Southhold. 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. Weisman Chairperson By: lip& Enols. BOARD MEMBERS �'ie Southold Town Hall Leslie Kanes Weisman,Chairperson i� ��of SQUryp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ * Office Location: Gerard P.Goehringer �` G Q ��` Town Annex/First Floor,Capital One Bank George Horning �® _ ,,,,,� ?,s' 54375 Main Road(at Youngs Avenue) Kenneth Schneider =l'YCQQ( �������� Southold,NY 11971 s iii i�'SI http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 February 19, 2016 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6937 Owner/Applicant: Tibbett, Jonathan Action Requested: Construct accessory swimming pool in side yard; lot coverage Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By P _ Enols. �� Southold Town Hall BOARD MEMBERS to ®� SU(/i Leslie Kanes Weisman,Chairperson •�� �� /�Q ' 53095 Main Road•P.O.Box 1179 l4 Southold,NY 11971-0959 Eric Dantes * Office Location: Gerard P.Goehringer � G ; -. � Town Annex/First Floor,Capital One Bank George Horning �Q ' • ' a0 � 54375 Main Road(at Youngs Avenue) 4.Kenneth Schneider ="(C®UNi1 Q1�;�i�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 April 22,2016 Patricia Moore, Atty. 51020 Main Road Southold,NY 11971 RE: ZBA Application#6937-Tibett Dear Ms. Moore: Transmitted for your records is a copy of the Board's April 21,2016 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. 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