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HomeMy WebLinkAbout7042 CHECK BOXES AS COMPLETED 0 Tape this form to outside of file ( ) p N D ( ) Pull ZBA copy of a 3 ( ) Check file boxes for D C � ( ) Assign next number � N C outside of file folder o ( ) Date stamp entire o ( ) rfile number m - � -o o oo�Hole punch entire o � h (before sending to 0X 1' ( ) Create new Z co � < index c� 0.,! ( ) Print contact info & -< `"' ( (D ( ) Prepare transmittal Cr ( ) Send original applic N J N to Town Clerk cQ ( ) Note inside file fold 0 and tape to inside 0 ( ) Copy County Tax M 3 -n neighbors and AG I c� ( ) Make 7 Copies and I ( ) Do mailing label C) 1 3 i L(A LP 1011T - I 70 Ya 'Tey,m/,s c,ou-It w de, c-A -z4)tes, sl"'ll "f ewe 141m �a& r b 1 BOARD MEMBERS ®�®gOFFOI,��Q� Town Hall Annex Leslie Kanes Weisman,Chairperson h.� ,yA 54375 Route 25,Main Road Patricia Acampora,Member ® P.O.Box 1179 Eric Dantes,Member y Southold,NY 11971 Gerard Goehringer,Member ip • !�' Telephone(631)765-1892 Nicholas Planamento,Member �Ql ��� Fax(631)765-6641 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVE® ?:y3aoot FINDINGS,DELIBERATIONS AND DETERMINATION RR 2 4 2017 MEETING OF APRIL 20,2017 So hold Town Clerk ZBA FILE# 7042 NAME OF APPLICANT: Paul Pawlowski PROPERTY LOCATION: 100 Park Ave Mattituck,NY SCTM No. 1000-123-7-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 10, 2017 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 23, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the Coordinator's redommendation that the proposed action is CONSISTENT with the LWRP Policy Standards, and therefore, is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is a code conforming 1.534 acre parcel located in an R-40 Zoning District. The parcel measures 120.81 feet along the southerly property line front the Great Peconic Bay, contiguous to residential parcels at 564.15 feet along the easterly property line, and 558.47 along the westerly property line; and 120.00 feet along the northerly property line fronting Park Avenue. In addition, the parcel is improved with a one story framed house and garage, an in ground pool, and an automatic gate as shown on a survey prepared by John C.Ehlers LLS, dated December 2, 2016 and updated January 10, 2017. BASIS OF APPLICATION: Request for Variance(s) from Sections 280-105 and the building inspector's January 19, 2017 Notice of Disapproval based on an application for a permit to erect an eight foot fence surrounding a tennis court in the front yard at 1) more than the code required maximum 4 feet in height when located in the front yard at 100 Park Avenue(Adj)to Great Peconic Bay, Mattituck,NY RELIEF REQUESTED: The applicant requests a variance to build an Hoot tall fence around a proposed tennis court in the front yard where the code permits a maximum of 4 feet in height. ADDITIONAL INFORMATION: The applicant submitted documentation and testified that the section of Park Avenue where he resides is a private road which he privately maintains. He further described the automatic gate at the end of Park Road separating the publicly maintained road and the privately maintained section of the road. The Page 2,April 20,2017 #7042,Pawlowski SCTM No. 1000-123-7-3 applicant offered to plant evergreen screening so that the fence would not be visible from neighboring properties. Additionally, the applicant testified that there is a great deal of water runoff from the adjacent airport runway which makes it unfeasible to build a sunken tennis court. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 6,2016 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property has residential neighbors on the East and West and there is an airport located to the North. With evergreen screening, the fence will not be visible from neighboring properties or from the public road. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is a waterfront parcel, and the construction of a tennis court in the rear yard would not be permitted due to the existing setbacks from the house and pool. A sunken tennis court would not be a reasonable option because of potential stormwater runoff from the local airport would cause the sunken tennis court to transform into drainage ditch during periods of rain. 3. Town Law X267-b(3)(b)(3). The variance(s) granted herein is mathematically substantial, representing 100% relief from the code. However, the property is located on a private road across the street from an airport and the tennis court will not be viable to other nearby residential properties with the installation of the proposed landscape screening. Additionally,the tennis court and fence is proposed to be set back 50 feet from the private road.. 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Proposed planting of evergreen vegetation screening by the applicant should visually buffer the fence and tennis court. 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 a tennis court while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried,to GRANT the variance as applied for, and shown on the Survey by John C. Ehlers, LLS last revised January 10, 2017. Page 3,April 20,2017 #7042,Pawlowski SCTM No. 1000-123-7-3 SUBJECT TO THE FOLLOWING CONDITION: Evergreens shall be planted and continuously maintained to fully screen the entire fence and the tennis court. 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), Dante, Goehringer and Planamento (Member Acampora was absent). This Resolution was duly adopted(4-0). c Leslie Kanes Weis an, Chairperson Approved for filing X 1Q1 /2017 N v 5 U RVEY Of P ISO PE RTY E 1,0_ � 51TUATE : MATTITUCK 01110��� KY TOWN : -50 UTH O LD S 5UFFOLK COUNTY, NY SURVEYED 07-15-201 G v FOUNDATION LOCATION 09-20-201 G \ ' FINAL 12-02-201 G PROPOSED T.C. 01-10-2017 0� GP 1 _ ° SUFFOLK COUNTY TAX # (0 00 1000 - 123 - 7 - 3 rr �5tt� 1 CERTIFIED T0: 3 \14P��� ,' 100 PARK AVENUE CORP. I 0 �• /iQ PAUL PAWLOWSKI FIDELITY NATIONAL TITLE INSURANCE COMPANY O Co O y -c� 60 C 7 O oz gO oo �Lpe �o 0 I >0 ILI N �7 a z$ o -yZ , tS y Z -- - Z n 1-O ! �Z AVER-�1TAL � N' - 0`t'I tzOe' I O GPT 00 O - ���� 000 0 G \G Qo O 07° 5�oo 0 �O���, FINAL MAP REVIEWED BY ZBA -�� �a0 N � � 01\ SEE DECISION # `7o DATED_ O TOP or BANK <. ING5 r6�AG�� OD 0 ZON ---8 FV0 ONE�E E� •'�' 5 1 L , 70 F�_009 , 20 • G� P� FEMA FLOOD ZONE ANNOTATED FROM F.I.R.M. 3G 103CO482H \ NOTES 'Unauthorized alteration or addition to a survey •ape. map bearing a licensed land surveyor's seal is a ® MONUMENT FOUND JOHN C. E H LE R5 LAND 5 U RVEYO �� "^ violation of section York sub-division 2, of the ® PIPE FOUND � � C E � New York State Education Low" �4� "Only copies from the original of this survey —�-- WIRE FENCE 4 O ,!� µf marked with an original of the land surveyors "d 1 -P,r� stamped seal shall be considered to be valid true V copies" G EAST MAIN STREET N.Y.S. LIC. NO. 50202 "Certifications indicated hereon signify that this survey was prepared in accordance with the ex- Area = G6 8G 15 Ft RIVERHEAD, N.Y. I 1 901 3G9-8288 Fax 3G9-8287 shag code of Practice far Land Surveys adopted �,• by the New York State Association of Professional Area = 1 .534 Acres fi Ex st as Land Surveyors Said certifications shall run only Ion6jdandlandsurveyor.com o� o to the person for whom the survey is prepored, GRAPHIC SCALE 1 50' and on his behalf to the title cc,mpany,governmen- .VS `50202 �� tal agency and lending institution listed hereon, and ��Q V� to the assignees of the lending institution Cerhf�ca- 1 3-188 LANDS tions are not transferable to add,honal insfituhons 1 � OFFICE LOCATION: ��®� S®���® MAILING ADDRESS: �`�� Town Hall Annex ``® �® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 ; (.or.Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 ®��C® � � Fax: 631 765-3136 U9 LOCAL WATERFRONT REVITALIZATION PROGRAM q 01 TOWN OF SOUTHOLD RECEIVED MAR 212017 ZONING BOARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date March 23, 2017 Re: Coastal Consistency Review for ZBA File Ref PAUL PAWLOWSKI #7042 SCTM#1000-123-7-3. PAUL PAWLOWSKI #7042 - Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's January 19, 2017 Notice of Disapproval based on an application for a permit to erect an eight (8) foot fence surrounding a tennis court in the front yard, at: 1) more than the code required maximum four(4) feet in height when located in the front yard, at: 100 Park Avenue, (Adj. to Great Peconic Bay), Mattituck, NY. SCTM#1000-123-7-3 The proposed action,has been reviewed to Chapter 268, Waterfront,Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Commissioner and Environment February 10, 2017 Town of Southold Zoning Board of Appeals RECEIVED 53095 Main Road P.O. Box 1179 FEB 21 2097 Southold, NY 11971-0959 Attn: Leslie Weisman ZONING BOARD OF APPEALS Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Scoggin, Shelley&Lindsey #7040 Mattebella Vineyards Holding Co., LLC #7041 Pawlowski, Paul #7042 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner- TRK/cd lannerTRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 1 RECEIVED FORM NO. 3 JAN 19 2017 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: January 19, 2017 TO: Paul Pawlowski PO Box 783 Mattituck,NY 11952 Please take notice that your application For permit for a tennis court with an 8' fence at Location of property: 100 Park Ave, Mattituck,NY County Tax Map No. 1000- Section 123 Block 7 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105 which states "Fences, walls or berms may be erected and maintained subject to the following height limitations: A "When located in the front yard of residential zones, the same shall not exceed four feet in hem" Aut e4 Sig ture 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. � I RECEIVED Fee:$ Filed By: Assignment No jl N 19 2017 ZONING BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Street 0'/;�.-_4, Ave_ Hamlet 2.�7 SCTM 1000 Section Lj 3 Block__ Z_Lot(s) -7 Lot Size /• -7 Zone d9�� I (WE)APPEAL AL HE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED _Z-Z4 - --1o1-7 `S— Owner(s): L � � ✓'$'��'� Mailing Address: �?/f°YlTj`T�c,� `�� ✓� Telephone: Fax: Email: 4"af NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( ) Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: ' kpplicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED I -lb-j7 and DENIED AN APPLICATION DATED FOR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy O Change of Use ( )Permit for As-Built Construction ( ) Other: / v� 4/ lil v a ? e Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by�n} b r .Do not quote the code.) ® r"� Article: 1�� Section: 0-),go Subsection: l 00 Type ofAppeal. An Appeal is made for: D u,a 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 orther A prior appeal( ) has, as not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner ZBA File# r- RECEIVED Name of Owner: ZBA File# JAN A 9 2097 REASONS FOR APPEAL (Please be specific, additional sheets may be used wiMNYfiGrBOARD OF APPEALS signature notarized): 1.An undesirable change will not-be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 77-OK's /S -4 Tr��i� G -� of f �d Age- 2. 'e-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: eq000e- 3.The amount of relief requested is not substantial because: k ff.�'�, dc.z-73-1,0,e 4JT /'Z -5, Fifa•-'g 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self created? { } Yes,or No Why: Are there any Covenants or Restrictions concerning this land? No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve protect the character of the neighborhood and the health,safety and welfare of the community. tgnature o Applicant or Authorized Agent �ay (Agent must submit written Authorization from Owner) Swom to before me this I q, of Z 20_0_ *'"Y L&AC Notary Public CONNIE 0. ISUNCH (Votary Public,State of New fork No.01 5116185050 Qualified in Suffolk County Commission Expires April 14,2- ;0 I , .__`PLICANT'S PROJECT DESCRIPTIO. APPLICANT: / � � '�' —vn �I DATE PREPARED: f 1.For Demolition of Existing Building Areas d� RECEIVED Please describe areas being removed: JAN R 9 201? 20M NS BOARD E)F APPEALS II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: !1' Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: M.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: sgC,#C4 X z� Number of Floors and Changes WITH Alterations: .irk hgq M'Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: —?oao z d6z4,e Proposed increase of building coverage: �e'�/�r Square footage of your lot: �&, ,g Ky Percentage of coverage of your lot by building area: V.Purpose of New Construction: VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED ° FOR FILING WITH YOUR ZBA APPLICATION JAN R 9 2017 A. Is the subject premises ' ted on the real estate market for sale? ZONING BOARD OF APPEALS Yes o B. re ere any proposa to change or alter land contours? No Yes please explain on attached sheet. /-A- C. 1.)Are there areas that contain sand or wetland grasses? /`" C9 2.)Are those areas shown on the survey submitted with this application? � 3.)Is the property bulk headed between the wetlands area and the upland building area? '4/0 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status/k4-- of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Al --.) E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? Please show area of the structures on a diagram if any exist or state none on the above line. ,y"� F. Do you have any construction taking place at this time concerning your premises?� C91f° yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Q If yes,please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel ,5/&' ae A f— 'y'�� pmj41,1,"''/' and the proposed use de_e,_; I,ae&;r)�1— (ex.existing single family,proposed.same with garage C0ol r other) 6r Authorized signature and Date JqA T P.ECEIVED AGRICULTURAL DATA STATEMENT JAN 1. 9 2017 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: e / G ;�j /�tpyt/S L-C, 2. Address of Applicant: 10n c�I'i/� Y��tYT� tlt°Iz mg� 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: OWor 4r9-u � 6. Location of Property: (road and Tax map number) 4o 4ye 7"- 7. Is the parcel within 500 feet of a farmo erat'on? { ) Yes { )No 8. Is this parcel actively farmed? { } Yes 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. 15 a r- 4 3 vSa,,J, N a 0ng F0 6C� pa,#-Iv d ii)Y 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) - / / /z--/ Z 7 Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECENED Appendix B JAN 19 2017 Short Environmental Assessment Form Instructions for Completing BONING BOARD OF APPEALS Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 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 ion or Project: , Project Location(describe,and attach a location map): 16C9 Ally /1115 5- Brief Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: S E-Mail: �oc X0 Address: City/PO: State: Zip Code: .AJ �:Z__ 1.Does the proposed action only involy the legislative adoption of a plan,local law,o dinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? A7. acres b.Total acreage to be physically disturbed? ell® acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? /1acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑ Rural(non-agriculture) ❑Industrial ❑ Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page ! of 4 4 RECEIVED A 5. Is the proposed action, JAN R NO YES N/A a.A permitted use under the zoning regulations? Xb.Consistent with the adopted comprehensive plan? ®� ��BOARD®E APPS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? X- c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: /v 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban uburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? NO❑YES ' b.Will storm water discharges be directed to established conveyance systems(runoff and s orm drains)? If Yes,briefly describe: ❑NO IES S.. r Page 2 of 4 i 18.Does the proposed action include construction or other activities that result in kkowment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? I®qD- If Yes,explain purpose and size: AN, IL 0 HUI[ K 19.Has the site of the proposed action or an adjoining property been the oca fon o an active or close NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ��iLL //�! ''�� ✓�s Date: Z 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 I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED <<� No,or Moderate v small to large ,,{ impact impact EI�VIN 60ARO 01=APP�a�i may may _. occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage / problems? X- 11. 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED i JAN A 9 2017 APPLICANT/OWNER ZONING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. I YOUR NAME : (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of ,200 Signature Q Print Name __ _ � _Al/ -7 00- RECEIVED Town of Southold JAN A 9 209 LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# v - 12-3 - -z-= S The Application has been submitted to(check appropriate response): Town Board E Planning Dept. 0 Building Dep"t". 11 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: NEI Nature and extent of action: Location of action:— Site acreage: RECEIVED jbq� L Present land use: �jj ,��p�j?Z JAN 1.9 2017 ry Present zoning classification: ZONING BOARD OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 9-1 we— (b) Mailing address: �j� ®,� 79 � �7 74-e A yL-Y- 5— °Z (c) Telephone number: Area Code (d) Application number, if any: Will the action be irectly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ (Not Applicable-please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable—please explain) AIA 0057— i 475-9-- d Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Tow o Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria C�1Vleb Yes 2 NoLA (Not Applicable—please explain) `�AN 19 ��� ZDNING BEARD OP APPEALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 1�d No (Not Applicable—please explain) %T5" ,A- ���r.��s C.r�z2.�i / •el0 �`.� i�v� OS' /y�,rJ �v� 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 Ea Yes 0 No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes 0 No[K(Not Applicable—please explain) r RECEIVED AN 19 2017 k ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ NoVk'(Not Applicable—please explain) Attach additional sheets if necessary Policy S. 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 ❑ Noz(Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Ye�] NoJK(Not Applicable—please explain) zz Ili' - 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 Not Applicable—please explain) RKEIVED I 0�7�-- it ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 Yes ❑ NNot Applicable—please explain 7:1 9.,1,VV5 c Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ NoWNot Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 0 Yes ❑ No Not Applicable—please explain RECEVED JAN A 9 2017 ZONING BOARD OF APPEALS Towia of P.0o[lox 1,17' �t11 5 5,I'LL kd sawklww�Ncw York 11911 IC Y Irl.his_ cvKafLwma.K=hpruruZhJly F*440 Arplktli AW Ql-kliRR YWHA U--r lkw ~v Rkd in 9116 ankca data NU�'DA6 In.riitkh Jim irefmh N46 ��L�s dsttd �`P�_�-`.�fFT������L4J3 C�iF�A�,�I'�U•RF"�k�)���s�if�{`^4'�'a�.'�.a'�'L"_�9�?�. f ,of aw«aftsd Istrai'd , SUff( K COUNTY DE1"ArrMENT OF TIEALTH APPROVAL K10-16—ISI 12-Cik) IE 'RWAUS CE't TllLLlCwVrE NN0a 1 911. ®�OSUFFQtKCpG Town of Southold 12/21/2016 P.O.Box 1179 P.ECEiVED o 53095 Main Rd �'��� yfj01 �ao�' Southold,New York 11971 JAN 19 2097 ZONI14G BOARD OP APPE LS CERTIFICATE OF OCCUPANCY No: 38722 Date: 12/21/2016 THIS CERTIFIES that the building IN GROUND POOL Location of Properly: 100 Park Ave,Mattituck SCTM#: 473889 Sec/Block/Lot: 123.-7-3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/29/2016 pursuant to which Building Permit No. 40947 dated 8/31/2016 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: ACCESSORY IN-GROUND SWIMMING POOL,FENCED TO CODE,AS APPLIED FOR The certificate is issued to 100 Park Avenue Corp of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 40947 12-07-2016 PLUMBERS CERTIFICATION DATED rized Signature t; fo �.� it 4 5 s + i 44 Otw . ,'� 'fit +� �,• ,� k '�'�� { j ; N m CD CD TOWN OF SOUTHOLD PRbPERTY R ID CA RD J- a OWNERfK t4i TREET VILLAGE DIST. SUB. LOT r? K. V /tf `?tom FO ER OYMER E `` `� ACR. p AoAo+v r - 7 4ic S W TYPE 0F BUILDING T. SES., -F SEAS. V>_, ly�' .3 FARh+I comm. CB. MICS. Mkt. Vole ry 0 co w .AND IMP. TOTAL DATE REMARKS /2 3f73 'FV, uJt D No Clrtq �S� co r q Jr /�17OC ( o1} Il91yrL GSA IT WR M `r� y�oo ► ov t �!A h!dJr e ' Arl P F h 'T Zn —C. W ZU(J 2 bU t 0L 9579u is - ac y 7—j06LI10,57% c;7, 00 � L LD m — LD cn CD illableW�� 7j0ttilTAGE ON WATERm 'oadtartd ONTAGEON ROADmTHCO puse Plot LKHEAD Fta i N m - , W Q COLOR a TRIM lot LO - O LOW �g Q /3 A J O S _ � 1 13!g- -u0i � .y^ G ) O 7 s S� Ext wjon 7 x 91 �}�-� 3 x Extension ; I x 3 S=7 35 f Sa 3 SPOT , Four,dotjon Both °' ch Ix0 - �fcFO C• Dinette X ?f �v�f Basement Floors K. Porch Ext. Wellsd �►i LR. � Interior Finish � LD Broersway Fire Place f WDR / Heat C, Ga 0 '�� kc, Y= Jf Type Roof II Rooms 1st Floor m e a� Patio f�.rP�c�nS � Recneotibn Room Rooms 2nd Floor O. B.CS) D°�eP Driveway C141-4 WVY m fN ®�®guFFOLAr ELIZABETH A.NEVILLE,MMC may. ry Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 C* is Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®jq �+� 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: January 19, 2017 RE: Zoning Appeal No. 7042 Transmitted herewith is Zoning Appeals No. 7042 for Paul Pawlowski-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, LWRP Consistency Assessment Form,Notice of Disapproval, Certificate of Occupancy, Photos, Property Record Card, and Survey. i * * * RECEIPT * * * Date: 01/19/17 Receipt#: 215856 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7042 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#1998 $250.00 Pawlowski, Paul M Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Pawlowski, Paul M 100 Park Ave Po Box 783 Mattituck, NY 119528 Clerk ID: SABRINA Internal ID:7042 BOARD MEMBERS ®f $®Ur Southold Town Hall Leslie Kanes Weisman,Chairperson �� /y® 53095 Main Road•P.O.Box 1179 �® l® Southold,NY 11971-0959 Eric Dantes ¢ Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yL'®U9� 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 6, 2017 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 6, 2017: 10:15 A.M. - PAUL PAWLOWSKI #7042 - Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's January 19, 2017 Notice of Disapproval based on an application for a permit to erect an eight (8) foot fence surrounding a tennis court in the front yard, at: 1) more than the code required maximum four (4) feet in height when located in the front yard, at: 100 Park Avenue, (Adj. to Great Peconic Bay), Mattituck, NY. SCTM#1000-123-7-3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: March 16, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 i4u' Tlt'. E U' F HEARIi4o' , "Ae following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : NAME : PAWLOWSKI , PAUL # 7042 SCTM # : 1 000- 1 23-7-3 . 'ARIANCE: FENCE HEIGHT REQUEST : FENCE SURROUNDING TENNIS COURT LATE : THURS . , APRIL 6 , 2017 10 : 15AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK '�� AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: On the dayof /�;20/�I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in. - Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's pro e ty. (Signature) Sworn to be re me this KIM 2- FLIFNTU, day of is , 20 Nory Public, ,tat, os v Ybr�C r Al No.4,819700 C u�i�i�r� ire Saifoik r otiriAlwil t!y otary is 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. o i3 C3 '° ' Ali m _ 1 ° � _ _ • • • 1 Y r-. IIn . .- ° to MATtTT`Tl[ 'r;'UY;1 i�1 ' NEWS,9'i)RK la 1G1; 8 u su . '. rn :f . - M rD Certified Mad Fee 0952 .A Certified Mad Fee $�bL.3� (,195.2 �'°�'� I_I6 C3 Lr) $ r 17 Lr) C3 $ v. ��yy//�� Extra services&Fees(check box,add fee I Pb�te) Extra SeMces&Fees(checkbox,add fee ate) !%��7°i!'��� [I Return Receipt(hanicopy) $ 11 ❑Return Receipt(hardcopy) $ ) r`- ❑Return Receipt(electronic) $ $ I UU rl- Postmark [I Return Receipt(electronic) -$ a: Postmark � p $0 ,-,i. 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A. Signature" ■ Print your name and address on the reverse X /� / ❑Agent so that we can return the card to you. ❑Addressee . ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery } or on the front if space permits. 11__Article Addresced_to, __ —--- — --- D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: ❑No I Mary Eisenstein & Melvyn Morris I ; 272 Park Avenue Mattituck, NY 11952 a ,i ) y Ii 1111111 IIII III I I I I I II I III II V IIc l iI II Il 111 3. Service Type ElPriority Mail Express® ❑Adult Signature ❑Registered MaiITM' � ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted; 9590 9403 0380 5163 6192 67 11 Certified Ma13 Certified Certified Mallil Restricted Delivery ❑Return Receipt for + ❑Collect on Delivery Merchandise y ❑Collect on Delivery Restricted Delivery El Signature ConfirmationTm l 2. Article Number(Transfer_from_service_labell—__ _ – - - all ❑Signature confirmation 7 015 0640 0007 5063 5838 o)ll Restricted Delivery Restricted Delivery PS,Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 0 0 • • StCMWON A. Sig ature ■ Complete items 1,2,and 3. , ■ Print your name and address on the reverse E3 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. ceived by(Printe ) C.Dat:e �f D ivery or on the front if space permits. l� ail l t J._Article-Addressed to:— _ _ __—____ _— _ .l D. Is delivery address different from tem 1? ❑Yes If YES,enter delivery address below: ❑No Thomas & Patricia Carey PO Box 1530 Mattituck, NY 11952 II 1111111 IIII III I I I I I II I III II I I I II II I I I III I III 3. Service Type 11 ® Priority Mail Express 13 ❑Adult Signature ❑Registered MaIITM ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted 9590 9403 0380 5163 6184 06 ❑Certified Mall@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from semce_labell --- O Collect on Delivery Restricted Delivery 0 Signature Confirmation- Ma11 ❑Signature Confirmation 7 b 1'5 '0640' '0007- '5063 5 8 4 5°' • Mall Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt f ■ Complete items 1,2,and 3. A. Signature ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we Can return the card to you. B. R ived by(Printe Name) C.Date of Delivery ■ Attach this card to the back of the mailpiece, i or on the front if space permits. D. Is delivery address diffe ent from item 1? Yes i if YES,enter delivery address below: ❑No I Bud HolmanJ_ 101 Park Avenue f'i)I ! cue, �t, NY= Q:l�1 = I� 1 ' r II11111111111 IIII I Ill Illlll II I ll IIII I II II Il III 3. Service Type ` -upri6itimall Express@ ClAdult Signature ❑Registered Mall TM i ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail@ Delivery 969 9403 $ 5163 6 92 81 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Signature Confirmationr" ❑Collect on Delivery Restricted Delivery g 4 2. Article Number(Transfer from servic"la el) --— `�❑signature cont" at,on I afl Restricted Delivery D315;t 0 6 4`�5 td do 7i 1 5 0 6 3 '560 i7pail Restncted'Delivery r PS Domestic Return Receipt Form 381:1,April 2015 PSN,7530-02-000-9053 I SENDER:-COMPLETE THIS • o . A. Signature ■ Complete items 1,2,and 3. r4 ❑Agent ' e S ■ Print your name and address on the reverse �`�,�.:: X , E3 Addressee � so that we can return the card tc you. -''d' ` B. Received by(Printed Name) C. to of elivery S I ■ Attach this card to the back of the mailpiece,' v QQ �c 7 i or on the front if space permits. - ✓fn (Glt(S 1 iJlri,daltddrr�ccorl_tn' , D. Is delivery address different from item 11 ❑Yes -_1 If YES,enter delivery address below:, ❑No Susan Norris 5 PO Box 664` t Mattituck, NY 11952 3. Service Type ❑Priority Mad Express@ II I Illlll IIII Ill I I I I 1111111 Ill I I III111111 II III ❑Adult Signature ❑Registered MaHi R ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted� ❑Certified Mall@ Delivery 9690 9403 0 380 5163 6183 90 ❑Certified Mail Restricted Delivery ❑Return Receipt for {,1 ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation" _2._Article Number'(Transfer from service label)' i r ❑-i��,,.PdMill dails ❑Signature Confirmation y E' a ' ' Aad Restricted Delivery Restricted Delivery 7015e 0640"0007 5063 5814 0� Domestic Return Receipt Ps Form,3811,April 2015 PSN 753002-000-9053 , TOWN OF SOUTHOLD ZOI II (3-ffOAIM OF-A-PPE-- --- SOUTHOLD,NEW YORK �C.(�c•��'��S AFFIDAVIT OF In the Matter of the Application of POSTING (N e of Applic ts) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) ` I, X�z i�,7v✓ `- residing atyy �� /✓�- New York, being duly sworn, depose and say that: On the _day of �XXP'k,2GI-1, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date,which hearing date was shown to be (Signator Sworn to before m this Day of 1 twary Public, s%atrb of WwYork No.4811709 0itt0f ec',, in 6411fV1k 000ht�� (Notary Public) s ; °� s: r %� , ii 31012 ' * near the entrance or driveway entrance of my property, as the area most visible to passerby. #0002038480 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 weeks(s),successfully commencing on 03/30/2017 i Principal Clerk Sworn to before me this day of a�1 TYPESET Tue Mar 28 1423:30 EDT 2017 a Variance under Article III; Section LEGAL NOTICE 280-15 and the Building Inspector's Jan- SOUTHOLD TOWN ZONING BOARD nary 23,2017 Notice of Disapproval.based STINA VOLINSKI OF APPEALS on an application for a permit to construct THURSDAY,April 6,2017 an,accessory pool house,at: 1)located in NOTARY PUBLIC-STATE OF NEW YORK PUBLIC HEARINGS other than the code required rear yard;at: No. 01V06105050 NOTICE IS HEREBY GIVEN,pursuant to 2615 Wells Road, (Adj. to Richmond Qualified In Suffolk County Section267 oftheTownLaw andTownCode Creek)Peconic,NY.SCTM#1000.86.2-1.2. My Commission Expires February 28,2020 Chapter 280(Zoning),Town of Southold,the 11:15 A.M. - MATTEBELLA VINE- following public hearings will be held by the YARDS #7041 - - Request for Variances SOUTHOLD TOWN ZONING BOARD OF under Article IH,Section 280-14 and Sec- APPEALS at the Town Hall, 53095 Main tion 280-15,and.the Building Inspector's Road, PO Box 1179, Southold, New York November 16,2016,Amended January 27, 11971-0959,on THURSDAY,April 6,2017. 2017 Notice of Disapproval based on an 9:30 A.M.-SHELLEY AND application for permits to legalize seven(7) LINDSEY SCOGGIN#7040- "as built"residential and agricultural re- Request for a Variance under Article lated buildings,and to allow both residen- XXIII, Section 280-124 and the Building tial and winery uses upon a 134,246 sq.ft. Inspector's November 14,2016 Notice of developable portion of a parcel at: 1) Disapproval based on an application for a building nos.3,4,5,6,9 and 14 are located permit to construct additions and alter- less than the code required side yard,mitu- ations to an existing single family dwelling, mum setback of 20 feet;2)building no.14 is at:1)less than the code required minimum located less than the rear yard minimtem front yard setback of 35 feet;at:2220 Pine setback of 75 feet;3)residential accessory Tree Road,Cutchogue,NY.SCTM#1000- structure,building no.2,located les's the 104-2-8. code required side yard minimum setback 9:35 A.M.-R.BRADFORD of 25 feet;4)residential and winery uses BURNHAM III#7015—(Adjourned from upon a single parcel less than the minimum Janupry 5,2017)Request for a Variance allowed 160,000 sq. ft. in total area, at: under Article III,Section 280-13 and the 46005 Main Road, Southold NY. Building Inspector's August 2,2016,Notice SCTM#1000-75-2-15.1&15.2. of Disapproval based on an application for 1:00 P.M. — TOWN OF SOUTHOLD a building permit to construct a boathouse PLANNING BOARD/SURREY 'LANE (storage building) on a vacant residential VINEYARDS #7039 The Southold Town parcel,at:1)the proposed boathouse(stor- Planning Board has requested that the age building) is not a permitted use; lo- Southold Town Zoning Board of Appeals cated, at: Penninsula Road (adj. to Dar- make an interpretation,pursuant to Arti- bie's Cove), Fisher's Island, NY. cle III,Section 280-13 A(4)of the Southold SCTM#1000-10-4-9.2&1000-10-4-9.3 Town Code and Planning Board Memo- 9:45 A.M.-LAUREN MCCALL#7044- randum dated January 3,2017,to request a Request for Variances under Article III, code interpretation as to whether the pro- Section 280-14 and Section 280-15 and the posed site plan for Surrey Lane Vineyards Building Inspector's January 27,2017 No- can be considered a winery and a permitted tice of Disapproval based on an application use and to determine what activities must for a permit to construct a single family take place in order to constitute"wine pro- < dwelling and an accessory in-ground swim- duction."The Planning Board further re- ming pool, at: 1) proposed single family quests the Zoning Board of Appeals to pro- dwelling located less than the code re- vide an interpretation of"wine tastings" quired minimum front yard setback of 60 and "wine tasting rooms" relative to the ' feet; 2) proposed construction places in- proposed site plan for Surrey Lane Vine- ground swimming pool in other than the yards,located at: 46975 Route 25 (Main ; code required rear yard;3)proposed con- Road), Southold, NY. SCTM#1000-69-1- struction places existing accessory garage 18.1&69-1-18.6. in other than the code required rear yard The Board of Appeals will hear all persons at:10643 New Suffolk Avenue,Cutchogue, or their representatives,desiring to be heard at NY.SCTM#1000-116-1- each hearing,and/or desiring to submit writ- 10:15 A.M. - PAUL PAWLOWSKI ten statements befoie the conclusion of each ' #7042-Request for a Variance under Arti- hearing. Each hearing will not start earlier cle XXII,Section 280-105 and the Building than designated above Files are available for Inspector's January 19,2017 Notice of Dis- review during regular business hours and approval based on an application for a per- prior to the day of the hearing. If you have mit to erect an eight (8) foot fence sur- questions,please contact our office at,(63 1) rounding a tennis court in the front yard, 765-1809, or by email KimF@ at: 1)more than the code required maxi- southoldtownny.gov mum four(4)feet in height when located in Dated.March 16,2017 the front yard,at:100 Park Avenue,(Adj. ZONING BOARD OF APPEALS to Great Peconic Bay), Mattituck, NY. LESLIE KANES WEISMAN, SCTM#1000-123-7-3. CHAIRPERSON 10:30 A.M. - MICHAEL AND SARA BY:Kim E.Fuentes COLODNER#7043-Request for Varian- 54375 Main Road(Office Location) ces under Article III,Section 280-15 and 53095 Main Road(Mailing/USPS) the Building Inspector's December 16, P.O.Box 1179 2016,Amended January 4,2017 Notice of Southold,NY 11971-0959 Disapproval based on an application for a 2038480 permit to construct an accessory in-ground swimming pool and accessory raised patio, at: 1)both accessory structures located in other than the code required rear yard;at: 130 Willis Creek Drive,(Adj.to the Willis Creek,branch of Deep Hole Creek)Mat- tituck,NY.SCTM#1000-115-17-17.8. 11:00 A.M.-JOHN FISCHETTI AND DEBORAH DEAVER#7045-Request for 1� 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: htlQ//southtown.northfork-.net March 6, 2017 Re: Town Code Chapter 55 -Public Notices for Thursday, April 6, 2017 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 20th: 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 27th: 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 29th: 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 4, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS � yO Southold Town Hall �oF S�Uj Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 O 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 I�CQu (5� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD inD 'EC E � V E Tel.(631) 765-1809•Fax (631)765-9064 U January 19, 2017 JAN � � 2017 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. # 7042 PAWLOWSKI, Paul Dear Mark: We have received an application for a tennis court with an 8' fence. 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 B r-kk6lelj� Y• Yu BOARD MEMBERS O�'OF S0(/jyOl Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank �� 54375 Main Road at Youngs Avenue George Horning 'p ( g ) Kenneth Schneider l�com, Southold,NY 11971 ,http://southoIdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 January 19, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 7042 Owner/Applicant : PAWLOWSKI, Paul Action Requested: Tennis court with an 8' fence. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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: ? - ga6r-e-1 tSs Encls. N _ 5U RVEY' OF PROPERTY E 51TUATE: MATTITUCK TOWN : SOUTHOLD S 5U FFOLK COUNTY, NY SURVEYED 07-18-201 G V FOUNDATION LOCATION 09-20-201 G \ I FINAL 12-02-201 G PROPOSED T.C. 01-10-2017 ° SUFFOLK COUNTY TAX # 20 Q� 1 000 - 123 - 7 - 3 CERTIFIED T0= 100 PARK AVENUE CORP. �Z PAUL PAWLOWSKI Op \O FIDELITY NATIONAL TITLE INSURANCE COMPANY O 60 7 Q 7- 0� �0 °ti �a N O1 IRECEIVEO 0 M7 0OF APPEALS 0 BONING BOARD G� \ t >07', � �a N N 7 lL ° O L ��� O P 00 Z- �A �N \ O 7Z O Q - �� o� o / — — ��Z AVE 10 t-oe v, OL Z <F N 0)00 O " �p0O 0 I� Q 7 0 2� \ + TOP OF BANK per. . . . ��. . . . . BeAGh—' C10;"715,20 .5 \ 0� ��33rn �v2° ��G Off\ G G� FEMA FLOOD ZONE ANNOTATED FROM F.I.R.M. 3G 103C0482H NOTES �/�� "Unauthorized alteration or addition to a survey ® MONUMENT FOUND JOHN C. E H LE R5 LAND S U RVEYO� L ®� N�0 r7 e� map bearing a licensed land surveyors seal is a C d- violation of section 7209, sub-dmswn 2, of the ® PIPE FOUND New York State original of this Low' —0 WIRE FENCE ��` `Only copies from the fthen this survey marked with an original of the land surveyor's 'Q stamped seal shall be considered to be valid true P� copies" G EAST MAIN 5TREET N.Y.S. LIC. NO. 50202 'Certifications indicated hereon signify that this survey was prepared in accordance with the ex- Area = GG,BG 1 5 Ft. RIVERHEAD N.Y. 1 1901 3G9-8288 Fax 3G9-8287 (r 'sting Cade of Practice for Land sof Pr adopted �• s - O by the New York Slate Association of Pradopted Area = 1 .534 Acres c ° Land Surveyors Said certifications shall run only longlslandlandsurveyor.com %, J� to the person for whom the survey is prepared, GRAPHIC SCALE 1°= 50' 502 ? and on his behalf to the title company, ernmen- �/ J tat agency and lending instit ution listed hereon, and SFp t AND 5 to the assignees of the lending institution Cerbf'ca- 13-188 tions are not transferable to additional institutions BOARD MEMBERSO�OSVFFOI�-cOG Town Hall Annex Leslie Kanes Weisman,Chairperson may. y� 54375 Route 25,Main Road Patricia Acampora,Memberc P.O. Box 1179 Eric Dantes,Member y Southold,NY 11971 Gerard Goehringer,Member • �� Telephone(631)765-1892 Nicholas Planamento,Member ®� �°8� Fax(631)765-6641 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD April 24,2017 Paul Pawlowski P.O. Box 783 Mattituck,NY 11952 RE: ZBA Appeal No. 7042 100 Park Avenue, Mattituck Appeal No. 1000-123-7-3 Dear Applicant; Transmitted for your records is a copy of the Board's April 20, 2017 Findings,Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. S mcerely, L, l Kim E. Fuentes Board Assistant Encl. cc: Building Dept. 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