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�Se l c ffhew �- �a�v►m Q5 a.o. as � 715Z C�ns�'vuc� a� acc e ifs st,�,�►��� a l I pool p 'f In .Sec a v0—1 r - 1✓/S O,P��A•PD ST +� �S add /ENT d0/7 SET OfF Z67- .,-,N 1W5a("r' el&-"jr F 4 oSP-- X11 CHECK BOXES AS COMPLETED ( ) Tape this form to outc-'r4- ^{ films ( ) Pull ZBA copy of ND a Q a ( ) Check file boxes for p ( ) Assign next number o N outside of file folder ° j ( ) Date stamp entire orij m -n -a U) v FCD o a, file number X o c O -o � m zr D Hole punch entire oril _ o_ o m O � a (before sending to T.0 E �" ( ) Create new index car( v a n cn 0 Cn N ( ) Print contact info & tz N OO h rn ( ) Prepare transmittal tc @ o � ( ) Send original applicat M. IN to Town Clerk ° ( ) Note inside file folder - and tape to inside off ( ) Copy County Tax Map -"• neighbors and AG lots ( ) Make 7 copies and pu ( ) Do mailing label 14 rn C0191 Vista— A-6-)r,- YZ BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®� S®���'®� 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes cep Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®UNV N Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION qPAY MEETING OF MAY 17,2018 2 3 2018 ZBA FILE: 7156 ScOthold Town Clerk NAME OF APPLICANT: Sara Lamm and Matthew Aselton PROPERTY LOCATION: 1045 Orchard Street, Orient,NY SCTM No. 1000-25-2-20.22 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 thru A14-25 and the Suffolk County Department of Planning issued its reply dated January 29, 2018 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The property is located at 1045 Orchard Street, Orient. The overall size of the property is 48,317 square feet or 1.11 acres. The southerly line measures 193.93 feet and runs along Orchard Street, the westerly line measures 246.00 feet, the northerly line measures 152.26 feet and the easterly line measures 253.24 feet and runs along Tabor Road. The property has an existing two story residence which is currently under alterations, a two story frame barn that is used as a pool house, an existing 20 ft. by 40 ft. in ground swimming pool (to be demolished and replaced with a 20 ft. by 55 ft. in-ground swimming pool to be situated in the general area of the old existing pool), and a two story frame garage that fronts Tabor Road as shown on the survey dated April 10, 2017 by John C. Ehlers, LS and the site plan for the new pool by Mark K. Schwartz, AIA, dated January 17, 2018. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 20, 2017 Notice of Disapproval based on an application for a building permit to construct an accessory in-ground swimming pool; 1) located in other than the code required rear yard; located at: 1045 Orchard Street, Orient,NY. SCTM#1000-25-2-20.22. RELIEF REQUESTED: The applicant requests a variance to demolish an existing swimming pool and to construct a new accessory in-ground swimming pool on this conforming 46,863 square foot lot located in the R-40 District. The accessory structure is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear yard. The site plan shows the proposed swimming pool located in the front yard. Page 2, May 17, 2018 #7156, Lamm-Aselton SCTM No. 1000-25-2-20.22 ADDITIONAL INFORMATION: In addition to variance relief required, the proposed construction is not permitted without review and approval by the Southold Town Landmarks Preservation Commission, because, according to the Notice of Disapproval, the property is listed on either the Southold Town, New York State and/or the National Registers of Historic places and requires review by the Southold Town Landmarks Preservation Commission. In a memo from the Southold Town Historic Preservation Commission, dated May 3, 2018, the Commission stated that the proposed demolition of an existing swimming pool and installation of a new in-ground pool at 1045 Orchard Street, Orient (SCTM#1000-25-2-20.22) is outside of the commission's jurisdiction and, therefore, the applicant could proceed with the application to the building department and any other agencies. In Appeal No. 2105, dated March 26, 1976, relief was granted to create a lot having insufficient width and lot area. On October 14, 1999, the Board denied a variance request, #4739 to legalize a swimming pool on this property because no primary residential use on the property existed. In this decision the Board suggested alternatives; one of which was to merge the property with an adjoining residential property (historically SCTM Nos. 1000- 25-2- 19.1 & 20.17) in order to allow a pool to be constructed as an accessory use to an existing single family dwelling. The properties have since been merged. Also submitted to the Zoning Board of Appeals was written evidence of prior approvals for accessory structures located in other than the code required rear yard on nearby properties. The first application #5456 in a February 12, 2004 deliberation involved a 3.3 acre parcel with access from Village Lane in Orient. The property is just northwest of the subject parcel. In that approval an accessory garage was constructed and inspected under building permit #13988-Z when the property was part of a 13 acre tract extending to Tabor Road. When the lot was subdivided, it changed the location of the front yard. Relief was granted. The applicant's representative also lists Appeal No. 4739 as a comparative example in so far that the Board rendered a decision for a front yard accessory structure. At this time, the existing swimming pool and storage building were in existence and was the subject of the application in order to obtain certificates of occupancy for both structures. The Board, in its decision, offered available alternatives; , one of which was to join the two tracts of land. Subsequent to that decision, the lots were merged, which therein created the two front yards and the reason for the applicant's request for a variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 3,2018 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 variance or will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant requests permission to demolish an existing swimming pool and reconstruct another pool in a similar location,to be slightly shifted southwest, in the front yard, and between the existing accessory garage and existing pool house. The pool will not be easily seen from the street. 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 present Town Code requires that accessory buildings and structures be located in the rear yard. There is difficulty in locating the pool in the rear yard because the parcel has two front yards. Furthermore, according to an earlier ZBA decision No. 4739, a prior owner relied upon an issued building permit that allowed the construction of a swimming pool. A certificate of occupancy was denied because the parcel lacked a principal residence. The subsequent ZBA denial offered alternatives in order to legalize the structures,which included the merging of an adjacent property having a legal residential use. Page 3, May 17, 2018 #7156, Lamm-Aselton SCTM No. 1000-25-2-20.22 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, it is mitigated by the fact that a swimming pool has legally existed in the front yard of this corner lot in a similar location without incident for many years. 4. Town Law V67-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. Although, in June of 2000 a certificate of occupancy for a swimming pool in the front yard was issued to a prior owner once the property had merged with a contiguous residential lot. 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a newly constructed in-ground 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 Acampora, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for and shown on the property survey prepared by site plan prepared by Mark K. Schwartz, AIA, dated January 17, 2018. SUBJECT TO THE FOLLOWINGCONDITIONS: 1. Pool mechanicals shall be placed in a sound deadening enclosure. 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 variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. 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 Page 4, May 17, 2018 #7156, Lamm-Aselton SCTM No. 1000-25-2-20.22 (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), Goehringer,Dantes,Acampora, and Planamento. This Resolution was duly adopted(5-0). /a," '4;� Leslie Kanes Weisman Chairperson Approved for filing /2018 BOARD MEMBERS ��®� S®U�*�® Southold Town Hall Leslie Kanes Weisman, Chairperson �® �® 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes aQ Town Annex/First Floor, Robert Lehnert, Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �c®uv+ Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 EXTENSION DETERMINATION One Year Extension Meeting of May 2,2024 ZBA FILE: 7156 NAME OF APPLICANT: Sara Lamm and Matthew Aselton PROPERTY LOCATION: 1045 Orchard Street, Orient,NY SCTM No. 1000-25-2-20.22 BASIS OF APPLICATION: Request for a Variance from Article 1II, Section 280-15 and the Building Inspector's December 20, 2017.Notice of Disapproval based on an application for a building permit to construct an accessory in-ground swimming pool; 1) located in other than the code required rear yard; located at: 1045 Orchard Street, Orient,NY. SCTM#1000-25-2-20.22. DATE OF PUBLIC HEARING: May 3,2018 This appeal was originally granted, as applied for with conditions on May 17, 2018. On April 26, 2024, the applicant requested a one year extension of area variances that have expired on May 17, 2021. RESOLUTION OF THE BOARD: On May 2, 2024, a motion was offered by Member Weisman (Chairperson) seconded by Member Acampora, and duly carried,to GRANT, the applicant's request that the above cited determination be extended for One Year, to May 17, 2025, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora, Planamento,and Lehnert. This Resolution was duly adopted(5-0). Leslie Kanes Weisman Chairperson I 11c;:1 1111111111 NIDR-r" FC)RKWC(DE:)WC3PKG 631.298.7900 April 26th,,, 2024 f To Whom It May Concern: Re: Matt A.selton &Sara Lamm: 1041S Orchard Street, Orient NY 11957: Tax Map.#: 1000r25-2-20.22 We received•special condition that Mike Kimack had applied in 2018 and we are requesting an extension to apply for the C of.0 as the pool has been completed since 2019 and unfortunately although all inspections were done, the C of 0 was never finalized so if possible, at your earliest convenience,if you would beable to'be granted the extension so we can file for the C of 0, it would be greatly appreciated. ,—T.l ank you in Advance, Rachel Terry Office Manager, North Fork Woodworks PO Box 1407 Southold NY 11971 Telephone: 631.298.7900 Fax: 631.298.7899 * nfwwinc@aol.com REVISIONS SITE DATA: SCTM # 1000-25-2-20.22 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 46863 SQ.FT. 1.008 ACRES ESTIMATED AREA OF 10600 SQ.FT. GROUND DISTURBANCE: EXISTING HOUSE: 1486.7 SQ.FT. 3.2 EXISTING POOL HOUSE: 894.4 SQ.FT. 1.9% EXISTING GARAGE: 1543.7 SQ.FT. 3.3% ©p°pp _<� EX.POOL TO REMOVE: -800 SQ.FT. - 180 CU.YD. PROPOSED POOL: 1100 SQ.FT. 23% 255 CU.YD. 50 CU.YD. PROPOSED DRYWELLS: (1)8'X4' 5 CU.YD. 2 CU.YD. 0 H 1 l-y TABOR TOTAL 5024.8 SQ.FT. 10.7% 260 CU.YD. 232 CU.YD. 4 ROAD � U MEETS&BOUNDS BY: JOHN EHLERS SURVEY DATE: APRIL 10,2017 r4 P-4 v � O o c° cn EXISTING DRIVEWAY IRECEIVED JAN 17 �p18 it Z®NING E30ARD OFAPl��,LS FENCE X — _, X -� � 50.6' X — X — X T rn EXISTING 2 STORY GARAGE o M X O a X50.6' - - - - - - - - - - - - - - - - - - - - - - - - II r — — II I 1 CONCRETE I I WASHOUT XI w - I SOIL I I Ix itis ;►fir �, I II EXITING INGROUND POOL � LOCATION TO BE REMOVED I (1 I ---- IIS I - - ' I m HAY BAY OR SILT FENCING p-+ I PROPOSED 20' X 55' I IX LIMITS OF CLEARING TO BE INGROUND POOL i I NO MORE THAN20'FROM I �, I �_ FINAL MAP Il II ' I PROPOSED WORK AS ! � I 26.7' _ _,_,_,_,_,_,_,_._._._._._._.__.--------- INDICATED ON SITE PLAN- I.I_I._._._._._._._.............. REVIEWED BY Z BA . ' o SEE DECISION # t7 `)� 1 ,70 1:d.. f POOL X z DATED <S m �- ; PATIO ON GRAD u I (..,!:EQUIPMENT Ih� EXISTING DRIVEWAY z Z rn I � II \DW, El V _._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._ - F-1 ID '- - - - ❑ 44.4. - - - - - - - - - - - - - - - - - - - - � O - - - -� - - - - - - - - - - - - - - - - - - - - X - - - l r1 I ❑ o, 16.3' F�--I O EXISTING 2 STORYEl cv 12.8' F- } 00 o w N POOL HOUSE DOSw W oaa 44.4' ED= M EXISTING 2 STORY F- Z X ❑ 1. L —FToao N HOUSE 6.7' ' W ❑ a IZ -11 ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ 6.2' _ r aoa 41.5' I .> O X L X — — X — — X — FENCE X " s 4`°r.�' o 4. DRAWN: MH/MS rP �� SCALE: 1/4"=1'-0" JOB#: SITE PLAN °"� N"' January 17,2018 SHEET NUMBER: SCALE: 1" = 20'-0' REVISIONS: ? ( sem RECEIVED JAN 1 7 2018 ZONING 80ARDDFAPP ALS - - - - - - - - - - - - - - - - ---7 - - - - - - - - ---- - - - - - - - - ----- - - - - - - - - --- - - - - - - - - - - - - - - I I I I I 1 COPING AS SELECTED BY OWNER I - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -- -- -- - --- -- -- - - - -- - - - - - - - -- - - -- -- - -- - -- - -- -- - -- - -- -- - -7:7 , i ' RETURII I (TYP) 1 1 I I 55'-0" I I I I 1.4 z r — — — > ( O W 10@0 O - - - - - - - J I DRAIN o SHALLOW END 1 0 O 0 O 94 I DN T-6" 1 O Z 6'dia..4'deep I (1 IFIm I N 7'-0» I N y DRYWELL FILTER&PUMP W ` I o I w DEEP END I I I HOT 1 0 I TUB I � I I LIGHT I SHELF SKIMMER (Typ) 1 TBD (TYP) I — — — — — — —— — — — — — — — — — — — — — — — — — —— —— — — — — — —— — — — — — — ——— —— —— — — —— — — — — — — — — — — —— — — — —— — — — — —— — — — ' O \ -- - — — — — — — — — — — — — — — — — — —— / — — — — — — — — — — — —�/ — — — — — — — — — — — — � -- HT1 Fn 3 ' x O o FINAL P.1AP AUTOMATIC REVIEWED BY ZBA O LPOOL COVER DECISION # 1," 3'-6a DATED 6 gz m"�' � 0 9'-01, ° w ALL FILL BENEATH CONCRETE SLABS TO BE COMPACTED IN SWIMING POOL TO BE EXCAVATED ONE FOOT OVER DESIGN 12'LIFTS TO 3000 psi TO 95%DENSITY ASTM D-689. SPECIFICATIONS AND SOIL TO BE LEFT ON PROPERTY.SOIL COMPACTION TEST REQUIRED(FEES TO BE PAID BY TO BE STOCKPILED OR RUFF GRADED(AS PER OWNED ON 0 OWNER)TESTING TO BE PERFORMED BY SOIL THE DAY OF EXCAVATION ONLY UNLESS SOIL IS TO BE CARTED MECHANICS DRILLING,516-221-2333.GENERAL AWAY.SWIMING POOL STRUCTURE TO INCLUDE A MATT OF CONTRACTOR I;RESPONSIBLE FOR ARRANGING TESTING. V ~ 3/8'STEEL REBAR TIED,10'ON CENTER FOR WALLS AND FLOOR, rn SON CENTER FOR ALL TRANSITION BREAKS AND BOND BEAM. K THE POOL SHELL TO BE MADE OF 1.4 DRY GROUT GUNITE MIX pp SHOT INTO THE STEEL CAGE AT A THICKNESS OF NO LESS THAN �Q W 3 12'ON THE TOP EDGE OF THE POOL(BOND BEAM)AND NO LESS R. THAN 8"ON THE WALLS AND FLOOR.INTERIOR FINISH OF POOL TO BE'PEBBLE TECH'DURABLE FINISH.COLORS AS PER OWNER. L^ l Ur 0 W 1n d a An NS 4 � DRAWN:MH MIS GUNITE POOL �Q.�; SCALE: 1/4'=r-O" SCALE:1/4'-1' //(t)yy n 3oa a:October 24,2017 SHEET NUMBER: A-1 5URVEY OF PROPERTY SITUATE: ORIENT N TOWN: SOUTHOLD SUFFOLK COUNTY, NY w SURVEYED 04-10-201-1E 5UFFOLK COUNTY TAX # D 1000 - 25 - 2 - 2022 S FEB 12 20'8 GERTIFIED TO: MATTHEW A5ELTON gY: ------ SARA LAMM LAND NOW OR FORMERLY OF: TABOR LAND LLG 2 �00"B PW047930"E 152.W 00' _ • X X'�—"'—X—'—'�X""_ �—X--'_' �1 �OA5 0 --� X—'PATI Il�c R4+� I A -0:.t eP00aP. PROPAW a O oAl5 1 9 0.14 I xo R 2 STORY , } FRAME FF 16.4' GARAGE ------ MAEDNlT PATIO FF EL 16.7' 2 STORY a-6y HEIGHT 25.4' BARN x '°' EL 1116. OF SEPTIC HEIGn I 1' PATIO 22.21 OOR q� 1y(y� I. SiKJc�9TOFt(TYPJ 8 I { w � x • � f al X x z x { MDE`YE OF 5H'17G { L9 X A Q s ra GUAM UW P&rE X ( O.—O— x�—x—X—X—X—X—X_J FE ,,�,JrA ass• 2J 11 I STORY M16.BOxS � FF 20.0' I 2 STORY O l p FRAME ov FF EL 205 1 HEIGHT 22.0rL ' v, 3 I I I DI I I I I ROAD CRAM (ORCHARD S°I FjT waxrork-a als.-a ion o—eaaxlon to a efwy brig o Ik,- kap f-rvF,cr♦ .2, b o vgblbn d rclbn lMq,•barvnpn 1,d IM Nan Tock Siete Eacatlan I f .' NOTES: �.y tea nIM m.6-.or.tld kap surveyor_ J slMgea.aa 0.01 Lv Kle to b villa lrw ■ x copbe' MONUMENT FOUND Gwlxkobe halcetaa W—110,Ild IMS tney n®prepo-ea n aco.da,ce nM the sa- 9 Goss o1 FTalks lar lana 95'veys odOPleA � PIPE FOUND lLmae nSenvproo-n 9.lR5tda Momtcxelaklolvolnldd.sy b ro.pMi (yq\sD ae or M._hon to w t.w.o.�e,y.gowr+w�n X11 taI ogency uId lerply InlNonoe IWa Mrsm,vN to tM oe.lgien a the br�akg MtRulbn.Culxka- noro o-e rot vowwmle Ia axtlemi r.txvtwrro AREA = 48,317 5F OR 1.11 ACRE5 JOHN C. EHLERS LAND SURVEYOR 6 BAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC SCALE I"=30' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF-C:\UWSVohn\Dmpbox\2000 PROSUM pros\20-248 Update 3-28-2017.pno COUNTY OF SUFFOLK RECEIVED y l t'AOV FEB 0 5 2018 BOMD ofd Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment January 29, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Hirakis, Ioannis #7154 Hill, Timothy&Nancy #7155 Aselton(Matthew) &Lamm (Sara) #7156 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 ` , FORM NO. 3 RECEIVED TOWN OF SOUTHOLD .JAN 17 2018 BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: December 20, 2017 TO: Mark Schwartz(Lamm) PO Box 933 Cutchogue,NY 11935 Please take notice that your application dated November 16,2017: For permit to construct an accessory swimming-pool at: Location of property: 1045 Orchard Street, Orient,NY County Tax Map No. 1000—Section 25 Block 2 Lot 20.22 Is returned herewith and disapproved on the following grounds: The proposed accessory pool on this conforming L46,863 square foot lot in the R-40 District, is not permitted pursuant to Article III Section 280-15 which states accessory buildings and structures shall be located in the required rear yard. The site plan shows the proposed swimming pool located in the front yard. In addition the proposed construction is not permitted without review and approval by the Southold Town Landmarks Preservation Commission because the property is listed on either the Southold Town New York State and/or the National Registers of Historic places and requires review by the Southold Town Landmarks Preservation Commission. If the requirements of the town code pertaining to Landmarks(Local Law No.22)are met, a Certificate of Appropriateness(C of A)will be issued. The C of A is required before a Building Permit will be approved Information about the requirements for applying for a C of A is available at the information counter in the Building Department. (L. Autho ze Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Landmark,ZBA Fee:$ Filed By: Assignment No —DECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEAIIAN 2018 *IAI AREA VARIANCE Z NSG BOARD OF APPEALS House No. Street C"RID Hamlet SCTM 1000 Section_.Z,5 Block ? Lot(s)20,2'72 Lot Size46jBb,'3_ Zone - 0 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 1,?IZ0117 BASED ON SURVEY/SITE PLAN DATED .&/O f-.- Owner(s): /�.f QA1 L 4 M t S�A' Mailing Address: °!a Q6a / _1'e��/�E BLYAo 17� L aJ' /C.gFLdX 90 a Z¢ Telephone: Fax: Email: 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 0<Owner( )Other: Address: D Ox .104 7 5.0 VTV iQ Al, )! /19 7 7 Telephone676 (SSP Q00' 7 Fax: Email: wE°mow mer Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), 0 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE P DATED jfhAl 17 and DENIED AN APPLICATION DATED 7 FOR: ¢� Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: 4 ZZ Section: ,fi d Subsection: 15- Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section ( ) Reversal or Other A prior appeal kX has, ( ) has not been made at any time with respect to this proper ,UNDER Appeal No(s).q earls). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVED JAN 11 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer s signature notarized) xONING BOARD OF APPEALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrimentt ear properties if granted,because: O1A1— ,?161 P O OL (U'w / J�llTr.�O 7� 747 !AVArA,, 9 90 4A60 C 0A1,P1"-iQ1,Cr" ZVaPreY PGs,&s N ,oft' eABI"sr 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: L Or 4 A,a 7V� roe aRtvzgyp 77W /'ROI�Fel'y !S" .d ,pool �v Uc,1J <N,Lr�!l1 ,�LS� 8� rll )1'4R49 Pa 61-, TXT . L_crZP "C4710AI Aol'PX I ONN7- ra P e1R.rV4- 3.The amount of relief requested is not substantial because: � '4A10!/�T of lG 6 N! T!�� a v ,PvcT-10 v 1'd�.6 ,I.�i�l,��T�vG ���AS s�� Oj, 7V 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: �1<< ��`N D`CV� M�� ,OAI IZW /po o L v c,4 o�v G�N,o!!5,�,aL G c-4J70N ,¢S 7Wul, XIJ�i¢I1 NDo �1DIl �041 D ,cg�T�U N rr ,BOGS EAC'ecr OR /1;11P,4C7-Gov 7JV25 -'V�)/YJ`Y(XL aye eh v, Ctl"Ir"Alg 5.Has the alleged difficulty been self-created? { Yes,or { } No Why: Are there any Covenants or Restrictions concerning this land? X No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or AuthoriraizeAgent (Agent must submit written Authorization from Owner) Sworn to before me this Ok day ofMAM 20 Notary Public CONNIE D.BUNCH Notary Public,State of New York No.01 BUe185o5o y Qualified in Suffolk County Commission Expires April 14,2 RECEIVED SAN I1 2013 1-. L APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: 1:!Zl CZZ, L 4 //yA('Z DATE PREPARED: 46:06a 1. For Demolition of Existing Building Areas Please describe areas being removed: x1.I�/.f/G //V-GA gtlW,,� 20 jo ,X-SSG '007- Poa� II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): ,4 Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: /Vl� Number of Floors and Changes WITH Alterations: N IV. Calculations of building areas and lot coverage !A"r om su Existing square footage of buildings on your property: , Proposed increase of building coverage: Square footage of your lot: 46, 3 Percentage of coverage of your lot by building area: /6. 7 V. Purpose of New Construction: &&Hovel- /C)+G/1'lw& e6 .xI: X 4Q FT M G,l DUA40 aC 4=&2 &E&g eg IN &4N45"L 4Z,64 —wim 20 FT x 56-.ocr iN aero vD Po ai Iry .^A y,z=' Z 0 C,4nav 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): 0/V TO U S 'e eAy S'Lc,p ?yo L /S AZA7T. A1,0 Oee5& Please submit?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 FOR FILING WITH YOUR ZBA APPLICATION RECEIVED �' n A. Is the subject premises listed on the real estate market for sale? JAN 17 MiS. J 1� Yes __y No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? _,X—No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? /V O 2.) Are those areas shown on the survey submitted with this application? A10 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond are7)W' have you contacted the Office of the Town trustees for its determination of jurisdiction? NPlease confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? M& E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? &S If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Re J�/O✓W'7e'N U� —/f7 2 fTD�Y /�SUS• 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? Al 0 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel �Q�"f,a��)►'/,�L _U1646 A01111- y 4y1. lC and the proposed use .967W�iV) li�4 nl oyev •'ro f/411ZX a4zzoOL (ex: existing single family,proposed: same with garage, pool or other) Ve op* 9 eAMM, za Authorized signature and Date J r! FORM NO. 4 RECEWED JAN 2018 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No 8-26649 Date JUNE 28, 2000 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1045 ORCHARD STREET ORIENT House No. Street Hamlet County Tax Map No. 1000 Section 25 Block 2 Lot 20.22 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-26649 dated JUNE 28, 2000 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 ONE FAMILY DWELLING WITH ACCESSORY GARAGE The certificate is issued to WILLIAM & JOANNE E. RICH III (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Bui ding Inspector Rev. 1/81 BUILDING DEPARTMENT RECEIVED jj,j TOWN OP SOUTHOLD JAN 17 2018 HOUSING CODE INSPECTION REPORT BONING BOARD OF APPEALS LOCATION: 1045 ORCHARD ST ORIENT SUBDIVISION: MAP NO.: LOT (S) NAME OF OWNER (S) : WILLIAM L JOANNE F. RTCH IIT OCCUPANCY: RESIDENTIAL WILLI M & JOANNE E. RICH ITI ADMITTED BY: WILLIAM RICH, JR. ACCOMPANIED BY: SAME KEY AVAILABLE: SUFF. CO. TAR MAP NO.: 1000-2-5-2720.22 SOURCE OF REQUEST: WILLIAM RICH, TTT- 1019/99 DATE: 06/28/00 DWELLING: TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 1.5 # EXITS: FOUNDATION: STONE CELLAR: FULL CRAWL SPACE: TOTAL ROOMS: 1ST FLR.: _1 2ND PLR.: _I 3RD FLR.: _- BATHROOM(S) : 2.0 TOILET ROOM(S) : 0.0 UTILITY ROOM(Sh PORCH TYPE: FRONT ENCLOSED DECK TYPE: PATIO TYPE: STATE BREEZEWAY: FIREPLACE: ONE GARAGE: DOMESTIC HOTWATER: YES TYPE HEATER: OIL AIRCONDITIONING: TYPE HEAT: OIL WARM AIR: HOTWATER: STEAM OTHER: 1ST_ FLOOR SUNROOM (NO HEAT) ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST.: WOOD FRAME STORAGE, TYPE CONST.: SWIMMING POOL: GUEST, TYPE CONST.: OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION ! DESCRIPTION ! ART. SEC. 1 { I I i { I { { { { i { i i { i { { { i I { { { I { I { I { { I { { { { REMARKS: IRPS130SSZ-CO213272(ADD) -BP#142962-CO2-26648(ADD)BP#258142-CO2-26519 Wl18787E 7162 (I/G FOM) -<X]Z-27163 (AMIGULTMAL BARK) INSPECTED BY: DATE ON INSPECTION- 10/26/98 GARY aISHITIME START: END: FORM NO. 4 RECEIVEDt1 QT Jn TOWN OF SOUTHOLD -JAN b BUILDING DEPARTMENT 4 office of the Building Inspector ZONING BOARD OF APPEALS Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No X-26648 Date JUNE 28, 2000 THIS CERTIFIES that the building ADDITION Location of Property 1045 ORCHARD STREET ORIENT House No. Street Hamlet County Tax Map No. 1000 Section 25 Block 2 Lot 20.22 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 5, 1985 pursuant to which Building Permit No. 14296-5 dated SEPTEMBER 23, 1985 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 CLOSET ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to WILLIAM & JOANNE E. RICH III (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A ildAg Inspector Rev. 1/81 FORM No. 4 RECEIVED •� TOWN OF SOUTHOLD JAN T� °, 2W BUILDING DEPARTMENT JH Office of the Building Inspector Town Hall BONING BOARD OF APPEALS Southold, N.Y. CERTI1r'ICATE OF OCCUPANCY No E-26519 Date JUNE 28, 2000 THIS CERTIFIES that the building ADDITION Location of Property 1045 ORC$ARD STREET ORIN" House No. Street Hamlet County Tax Map No. 1000 Section 25 Block 2 Lot 20.22 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 10, 1994 pursuant to which Building Permit No. 25814-8 dated JUNE 22, 1999 _ 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 NON-HABITABLE ACCESSORY GARAGE "AS BUILT" AS APPLIED FOR. The certificate is issued to WILLTAN & JOANNE E. RICH III (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Bu ding Inspector Rev. 1/81 FORM NO. 4 12ECENED JAS! 2018 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 5-27162 Date JUNE 28, 2000 THIS CERTIFIES that the building ACCESSORY Location of Property 1045 ORCEARD STREET ORIENT House No. Street Hamlet County Tax Map No. 1000 Section 25 Block 2 Lot 20.22 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 17, 1990 pursuant to which Building Permit No. 18782-Z dated FEBRUARY 16, 1990 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 INGROUND SWIMMING POOL WITH FENCE TO CODE as APPLIED FOR & AS PER SBA #4739. The certificate is issued to WILLIAM & JOANNE E. RICE III (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-129320 - MAY 17, 1990 PLUMBERS CERTIFICATION DATED N/A Bu' ding Inspector Rev. 1/81 • 1 .. 1 Decision of the Boar,- TOWN OF SOUTHOLD. NEW YORK DATE .Mazch...26, 197 6 ACTION OF THE ZONINGBOARD OF APPEALS Public Hearing- 2/26/76recessed to 3/18/76 and Appeal No. 2105 Dated 2/10/76 Postponed to 3/26/76 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. William Schriever Appellant Main Road orient, New York at a meeting of the Zoning Board of Appeals on March 26, 1976 the a CEIVED J l J was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property JAN 17 201$ ( ) Request for a special exception under the Zoning Ordinance (g) Request for a variance to the Zoning Ordinance ZONING BOARD OF APPEALS 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................. of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:00 P.M. (E.S.T.) (2/26/76) upon application of William Schriever, Main Road, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30/31 and Bulk Schedule for permission to set off lot with insufficient width and area. Location of property: North side Orchard Street and west side Tabor Road, Orient, N. Y. , bounded on the north by other land of applicant; east by Tabor Road; south by Orchard Street; west by W. Rich. Fee paid $15.00. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 Marjori McDermott, Secretary RECEIVED' JAN ll 201 ZONING BOARD OF APPEALS By investigation and public hearing the Board determined the following facts pertinent to the decision: The applicant, William Schriever, purchased several years ago a tract of approximately 13.89 acres generally located in the interior of an area bounded by Village Lane and residential properties on the west; Tabor & Sons on the north; Tabor Road and other land of Schriever on the east; and bounded on the south by residential properties as well as Orchard Street in the hamlet of Orient. The property under application in Appeal No. 2105 might be described as a vacant lot similar in size and character to the median range of all lots in the block referred to above, and described as to lot acreages in letter of Van Tuyl of February 6, 1976. The subj.ect .property is part of the 13.89 acres purchased by Schriever and assembled by a prior owner. This perimeter lot was offered to the Town Board to be included in the cluster zoning which has been approved by the Town Board. However, the area under application consisting of 28,530 sq. ft. approximately, (roughly 113' x 2531) was excluded from the clustered area which the Town approved. Their action was followed by a Planning Board recommendation that this perimeter lot be granted a variance from the Bulk requirements of the Ordinance. The perimeter lots, if included in the clustered area, would have been used for residences without variances. In the opinion of the Appeals Board, since the area under application could have been used for residential purposes in the original cluster concept presented to the Town, its elimination from the clustered area presents unusual, unique, and practical hardship to the applicant since it would leave the applicant with a 28,530 sq. ft. area which could not be used for residential pur- poses unless granted a variance; nor by reason of its size and isolation could it reasonably be used for agricultural purposes. Use of the area under application for residential purposes would be in keeping with the character of the area, which is largely residential on lots of the same or lesser size. In considering the arguments advanced in the public hearing by William Rich III, and in two briefs submitted as part of the record, we find reference to Mr. Schriever's past actions in matters in which the community is concerned to be of interest but not relevant to the decision. We further find that Dr. Moor- Jankowski is in litigation with the applicant and that Mr. Rich is actively attempting to purchase land described in Appeal No. 2105. It is obvious, as confirmed by the appraiser, that land unsuitable for residential or agricultural use is far less valuable. than if such uses were permitted. In addition, we are informed that granting of this variance will not increase the density factor as applied to the 13.89 acre tract, and that Dr. Moor-Jankowski's property is several hundred feet from the site. We do not agree that title to the substandard parcel applied for here was merged by the applicant, since the parcel under dis- cussion was all part .of the original Schriever purchase, nor has he elected to combine this property with adjoining property; rather, he is in the position of having to set off this parcel as a result of an administrative action of the Town Board relating to perimeter lots of the applicant. Nor is this situation a self- imposed hardship but, instead, we find the hardship created is forced on the applicant, and it has been suggested to us by the Planning-Berard ws--a-matter for- relief. RECENEG JAN 11 218 7/! Pg. 2 = Action of the Board - Appeal No. 2105 - William Sq"NOWARD OF APPEALS We do not find that a landowner's plans have been frustrated by a zoning ordinance. On the contrary, we find the landowner, in this case, has submitted his entire acreage to the Town Board for clustering (as outlined in black on Van Tuyl survey of April 22, 1975) resulting in practical difficulties about what to do with perimeter lots, such as this one, which would, in effect, be condemned for ordinary residential and agricultural use. In the last generation Orient farmers have been reduced from about thirty to less than ten, and the agricultural demand for isolated one-half acre lots is minimal. We do not find the situation similar to Cowan, 1/26/76, Appellate Div. , 2nd Dept., Cowan v Kern 378 NYS2D 746. Variances have not been granted to- adjoining lots; hardship is not self- imposed. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion 3.by Mr. Gillispie, seconded by Mr. Hulse, it was RESOLVED, William Schriever, Main Road, Orient, New York, be GRANTED permission to set off lot with insufficient width and area which is located on the north side of Orchard Street and on the west side of Tabor Road, and bounded on the west by William Rich III, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. APPROVED � ppo � APPEALS BOARD MEMBERS SUfFO( 0�0 Southold Town Hall Gerard P. Goehringer, Chairman :z Gy� 53095 Main Road James Dinizio,Jr. co P.O.Box 1179 Lydia A.Tortora Wo � Southold,New York 11971 Lora S. Collins y O�� ZBA Fax(516)765-9064 George Horning l �►a Telephone(516)765-1809 BOARD OF APPEALS I I So TOWN OF SOUTHOLD 1tECENEa FINDINGS AND DETERMINATION REGULAR MEETING ,AGN THURSDAY, OCTOBER 14, 1999 ZONING BOARD OF APPEALS Appl. No. 4739-JOAN AND WILLIAM RICH III 1000 25-2 2a176and ref. 19.1) STREET&LOCALITY: 1105 Orchard Street, Orient DATE OF PUBLIC HEARING: September 30, 1999 FINDINGS OF FACT PROPERTY FACTS: The subject property is a corner lot with 253.24 feet frontage along the west side of Tabor Road and 113.93 feet frontage along the north side of Orchard Street, Orient. The parcel is improved with a swimming pool and a storage building. A survey dated February 2, 1990, submitted by applicant, shows a combined area of 48,408 sq. ft. which includes the subject lot and the adjacent lot to the west(1000- 25-2-19.1, which measures 80 feet along Orchard Street and 251.28 feet deep and is improved with a dwelling). The 1990 survey indicates that the line between the two lots is the "former property line." (Applicant in this application to the Board of Appeals' states that the two lots are separate and not merged as one.) BASIS OF APPEAL: Notice of Disapproval dated July 28, 1999, denying a Certificate of Occupancy for the pool because it is not a permitted structure "pursuant to Article III Section 100-3 ICA which states ... Garden house, tool house, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain ... subject parcel does not contain a principal residential use. Original permit for pool (#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring residential lot, these lots were separated by ZBA in Appeal#2104 dated March 26, 1976 and have not merged" RELIEF REQUESTED: Although the Notice of Disapproval refers to a CO only for the swimming pool, the Board understands that applicant seeks COs for both the pool and the storage building, and that both are denied for the reason that such structures are permitted only as accessories to a principal use, and there is no principal use on the subject property. Applicant states that he does not wish to merge the lots. The appeal presented to this Board does not expressly request a variance, but simply asks for issuance of the COs, presumably pursuant to this Board's authority under Section 267 of New York RECENE® Page 2 -October 14, 1999 �P ZBA Appi. No. 4739-W. Rich JAN il 7 2016 1000-25-2-20.17 BONING BOARD OF APPEALS Town Law to reverse decisions of the administrative official charged with enforcement of zoning laws. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant purchased lot 1000-25-2-19.1, improved with a dwelling and garage, in 1976, and lot 1000-25-2-20.17, which was then unimproved, in 1981. The two lots have been held in different names and have not merged. (2) In February 1990, applicant obtained Building Permit No. 18782 to construct a swimming pool and storage building on the easterly part of the property. Under Code section 100-31, such structures are permitted only as accessories to a principal residential use on a parcel. The building permit application appeared to request authorization to build the two structures on a single parcel that also contained the existing dwelling, making the two structures accessories: (A) the building permit application gave the lot size as 193.93 feet(front), 191.74 feet (rear) and 250 feet +- (depth), which are the dimensions of lots 19.1 and 20.17 combined for a total area of 48,408 sq. ft.; (B) the building permit application gave the existing and intended uses of the premises as, respectively, "private one-family dwelling w/ detached garage apart- ment' and"private one-family dwelling w/detached garage apartment, detached barn and swimming pool'; (C) the building permit application included a survey on which a line is shown between lots 19.1 and 20.17 and is denoted"former property line." (3) Certificates of Occupancy were not issued for the pool and storage building at the time the projects were completed. When applicant applied for the COs, the Building Inspector issued the Notice of Disapproval cited above, dated July 28, 1999. (4) Applicant states that the Building Department made a mistake in issuing Building Permit No. 18782 and that he relied on that Permit to build the pool and storage building, and he asks this Board to direct the Building Department to issue COs for the two structures. Applicant contends that unless the COs are issued, he will be harmed by his reliance on the Building Permit. However, the Board concludes that the Building Department issued Permit No. 18782 not in error but in the belief that the two lots had merged, and that this belief was reasonably based on the information submitted in the Building Permit application. Because that permit record showed the lots as merged, the Permit properly authorized construction of two accessory structures on the property with the existing dwelling as the principal residential under Section 100-31C(4). It would be Page 2 -October 14, 1999 RECENED `�) ZBA Appl. No. 4739-W. Rich / 1000-25-2-20.17 JAN ZONING BOARD OF APPEALS inappropriate for this Board now to direct issuance of COs for those structures as located on the unmerged lot 1000-25-2-20.17 without a principal residential use. ADDITIONAL INFORMATION: (1) The swimming pool structure is not a permitted accessory use on a lot which does not contain a dwelling. Section 100-31C(4) of the Zoning Code states that Accessory Uses are permitted limited to the following: "Garden house, tool-house, storage building, playhouse, wading pool, swimming cool, or tennis gogrt inngiftntal to the residential use!9f 1he premises ..." (Emphasis added) (2) Swimming pools under Section 100-31C(4) of the Zoning Code are permitted accessory to a principal residential use. (3) Applicant created his own difficulty by providing the "information" to the Building Department, for reliance in issuing a building permit, constructing a swimming pool and now, nine (9) years later, states that the building permit was not issued properly. The 1990 Building Permit record does confirm that the survey amended February 2, 1980 indicates a single lot area of 48,408 sq. ft., and the Applicant relied upon the same Building permit to construct the pool. (4) More than nine (9) years has passed since the Building Permit was issued (February 16, 1990). (5) Alternatives are available for applicant to pursue by: (a)Joining the two tracts of land, as submitted at the time of issuance of the building permit; or (b) make application for a Use Variance; or (c) remove the pool; or (d) build a principal dwelling use(after obtaining all permits). RESOLUTION/ACTION: On motion by Members Dinizio and Collins, seconded by it was RESOLVED, to DENY the request that this Board direct the issuance of Certificates of Occupancy for the swimming pool and storage barn located on lot 1000- 25-2-20.17. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Homing of Fishers Island was absent during this Resolution.) This Resolution was dui adog 4-t]�_ RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE�%%/, /'1F HO 3°r'� GERARD P. GOEHRINGER, dFWRM7//' 1,.4119 2� 7Z For Filing October 28, 1999 Town Clerk, Town of Southold I 191.74 if RECEIVEV JAN 17 218 o£ Sf s ZONING BOARD OF APPEALS o: K i `1• W � I � l o w .7 4 �• i I D t- 1 . � wa 0'• d o m i b /Inose 80.0 Ili.93 J �. "'' ' S.88'.P7'1o••Yv - 198.93 02CHAfL6 .5 ME E7' , ? .MAP'O.F Ta�20P�1•�T y-' .' i pREF�AR�'O-a'o2 *tIL op SCALE'- 30'r�• QAM /CN 3-QD w "� AREA_'t8L408_a'C. T. .�2l�ENT, ISIB �u�folk Co1/nt rex Porce/s,,1 ' 000-oz Z-esti Ifro.n �w....,,, Alr�ca�Iid h Mf WK,2 ' 0 4�•w.�.M�yw001M+�'+•�a Melsd OCt4bII'2d, /9d9 Qa Brick Vaa •��.�,»; Land surva�/ord • ere4a�ba�_a+J.Y 9817-z ! TOWN OF SOUTHOLD RECEIVED / 7 ! BUILDING DEPARTMENT JAN 7 2016 TOWN CLERK'S OFFICE SOUTHOLD, NY ZONING BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 41865 Date: 8/8/2017 Permission is hereby granted to: Lamm, Sara & Oselton, Matthew c/o Altman Greenfield & Selvag 10960 Wilshire Blvd #1900 Los Angeles, CA 90024 To: additions and alterations to an existing single family dwelling as applied for per Southold Town Historic Preservation Commission Certificate of Appropriateness. At premises located at: 1045 Orchard St, Orient SCTM #473889 Sec/Block/Lot#25.-2-20.22 Pursuant to application dated 7/27/2017 and approved by the Building Inspector. To expire on 2/7/2019. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $356.40 CO- O DWELLING $50.00 To $406.40 Building I pector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECEIVED -7I L SOUTHOLD, NY JAN 17 2018 mq 5*3 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#: 41866 Date: 8/8/2017 Permission is hereby granted to: Lamm, Sara &Aselton, Matthew c/o Altman Greenfield & Selvag 10960 Wilshire Blvd #1900 Los Angeles, CA 90024 To: make additions and alterations to an existing accessory building (pool house) as applied for per Southold Town Historic Preservation Commission approval and SCHD At premises located at: 1045 Orchard St, Orient SCTM #473889 Sec/Block/Lot# 25.-2-20.22 Pursuant to application dated 7/27/2017 and approved by the Building Inspector. To expire on 2/7/2019. Fees: ALTERATION OF ACCESSORY BUILDINGS $452.00 CO - RY BUILDING $50.00 Total: $502.00 Building Inspector .sp.wJrsw. m.w>'Y�iCL"TeMtrl�Y�ilew�RC:'••'� GI"�Pa7a.'Jt9T.'4X['�.CLL•0.'JJAT+„ ?.4'w':��..��Y•!.•T.��q•,�gwpr.�^?�•y�s�..,y�••.�•T��_•+Mr� �•� ��� _ry jE ..T • 2 1AA , C iiw _ -u • a • t w• 2.0 of 1/ .0.20 - 101. LIM- 1 •It' a 6 J ra C f t [ ,rr �•I[of � Z t + to.:t aeuTx�„ Z et a to N gala• ° mS fti 'TATE sr. 'wappro1• r a[•[ ;`o: r� Q u 'D C.10 [ a co a! ee a Y •d 1 N + e•_ _[ n a to [•d1 r w "CHARD MIT[• � IM1 tf� � [� q II,I t>y •+•ey.['�r ane po !I[a � r xd terve[ + aN[ _ 4.1 N t 011CN�1tD w � 44 e tr • , a [y . • i a�. +' • 14. 14.1 _ w a.•a Mtt • S a O'rRfMONp3 L !.•t '4. tier • w HISTpO1ClL IT ; g' ( a lit soa[rr 4 "Le 3 1• a j1 I.•. _ R Vr ' J n.a V a , 140) H N ^ i• ' J w, t 1 � t[ • w ti t1 11 !N p t .�uMewwl. Tt relYtlr. • l tlrxlt . O ,K �j M T wwwL �� rMw•[[Fuh.v[.......w1.'.rwwin`o V` � s „� Mtl— '� ^ •arM[ '•R•[C ep-0.•00• �� ,. w �• ted t['•a• © COUNTY OF SUFFOLK rotwa SOUTHOLD uCeFn a.[[l•n. �"""�••[.. t..va+ —�� r+n..w.[.. --.r.—• w...e..r[r__w_- a.aw.r[..r as a Is[ "� f...[..wl[ O.wr•C�e�w�_ l.�[... M•w.l.lLr, --- - •✓•Orwl[�_�•.�_ e..[Ow+.r 4 tw .p0 •.a..r i...„�� a+[_..+a.,[.. ___— v.rar aa..l w..+aa. ,.[--•r+r. © ,� n,M [ e tw[wr[[T w Real Property Tax Seryite Agency • 1000 N•w York PR01 0.w.1(wel.•.. RECEIVE[, AGRICULTURAL DATA STATEMENT JAN 7) L ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 2391n and 239n of the General Municipal Law. 1. Name of Applicant: G!J S DAJ 2. Address of Applicant: c o A1-r,1V,0M11 'E'Alsf zV X244 AW-0 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project:_Rj5yQZ _ fx&EZK� 2D �i�4e �fAl 6.t'otiy0 OGt, GUZ,A Zo lac A-'�11A1 e*R'17t/A4p rdye- /A✓ W&"-& BW LoraTlaN 6. Location of Property: (road and Tax map number) 12,& ORIAAoT7 / Q a o — 2 S- 2 - , Q.2Z 7. Is the parcel within 500 feet of a farm operation? { } Yes No 8. Is this parcel actively farmed? { ) Yes {)e 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 2. S - Z& QyXZ=,vE g*r_e V AP&BoaC gg?� t 1 !r7 3. Z 2 - 2. = c,Palh �r�irA� �-�'2 14.4ki zWga2N,&' Z A Al:,c 4. �ti/IV�It�Tl�a f L, 6 do q 5. 6. (Please use the back of this page if there are additional property owners) ;w lot-lw and / / /-7 / O l8 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 Appendix B RECEIVED Short Environmental Assessment Form JAN 2 7 2018 _16L Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: "15z o Project Location(describe,and attach a location map): 95-a _ B ti C o GU Brief Description of Proposed Action: e oV,,E: X/S7"/ti 20 T k 4e CT JA52� / i/N p pQ L ,4A p CO. .f'r,P1J 07— Alze Iv�,oL L n� 7M A/ 610VN,D Pd O L /N JW 14e Name of Applicant or Sponsor: Telephone: GID 7 CAK Re/ Address: e lox 104-7 City/PO: State: Zip Code: ea IM y 1 //.97/ 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 X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? !S�acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? l- J acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑ Industrial ❑ Commercial Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑Other(specify): ❑ Parkland Page 1 of 4 RECEIVEL 5 Is the proposed action, ,SAN 17 ?l�� �I/� NO YES N/A a.A permitted use under the zoning regulations? �,�p x b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS 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: X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features hnologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Ae& x 11.Will the proposed action connect to existing wastewater utilities? / NO YES If No,describe method for providing wastewater treatment: AIIA X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X 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? x 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 13Rq Wetland ❑ Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 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, v a.Will storm water discharges flow to adjacent properties? D(NO 13 YES J� b.Will storm water discharges be directed to established conveyance systems(ru off and storm drains)? If Yes,briefly describe: 1 NO ❑.YES Page 2 of 4 18 Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: /& n allw des DL : z a'Er x ��FT x 19.Has the site of the proposed action or an adjoining property been the location o e or closed NO YES solid waste management facility? If Yes,describe: J {tip, &.W �' x ZONING 8 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: �C I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Signature: 12 Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations. 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED No,or Moderate ,SAN � � 9�j� small to large impact impact ZONING BOARD OF APPS" may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 6(v 12_ el JAN 11 7 IF Board of Zoning Appeals Application ZONING 13()ARU OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, o \`tY�\ 11 mc�� _ residing at (Print property owner's name) (Mailing Address) do hereby authorize _ /CiS7�L /S7_ !C/�l�?GG �✓ (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) RECEIVED �/sem APPLICANT/OWNER JAN 17 2018 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: N e�� n C���k (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 X If you answered"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 ofthat person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)anti/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 4 day of ?Alli ,20je Signature Print-Name gecEIVED —1 )1 f� AGENT/REPRESENTATIVE J�N A 1201? cJ TRANSACTIONAL DISCLOSURE FORM NN��;;�oAa©oF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and empl '1'Fte 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 : ffj y, c4 (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 t_oYvn officer or employee owns more than 5%of the shares. YES NO 7 If you answered"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 4W ,201B Signature a Print Name M/C/y"L 14, &MACK Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JAN A. INSTRUCTIONS ZONING 130ARD OF APPEALS 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# .26'_ _2Q,= The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. X Board of Trustees 13 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: Nature and extent of action: )?,EMo ✓2:5 loi!5X/.--/.V6 20 �E ,9 40 )4 . /A/ ?O ,OL AAIP C 0&f` E V CrM&IZ ,Zb o-c:�T, x 5-Y.�rT' /N M6 UWD PQ 11 L !A/ -04/)� &Ae�N�i�L Z- O CA 7`/OW Location of action: /0�6 OWC/MAW .fT_ 0jF&-:Al2'— Site acreage:_ /�� �ECENEG I`JT Present land users'/,��/�7`/,}� JAN 20p8 dNTNG BOARD OFAPPSSPresent zoning classification: 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: /C/V /- ,t,Z. A/AJ�Ckd (b) Mailing address: P-- 0. &j 0.,,/- 1D4 s`o ( MMQLL� IV. y /,) ?V (c) Telephone number: Area Code ( ) `'��6 (j-6 — 6�O (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No'24 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 7-VQ5 PAP 0100rIC40 1W /P Q O C'_ /N Q&11dL,1L�G�L /M J'AH9 C— C�/L1MUNl A94 - gip" 14 C C14tywZ L D Cry 71 ad/ 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 Zv&c5 'dw:� Mo ,c /�"J7J�P/C XNi� Q,e ,A " civ'&g 0Z oG/CAL Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes Q No Z Not Applicable a o Baa dxV'g rcV4 e P,4C ' o oeXl,(77 . & s Attach additional sheets if necessary jAN 17 PW NATURAL COAST POLICIES BONING BOARD OF APPEALS 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 11 No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes © No Z Not Applicable /V 0 /MANCZ-art/ 4V A77JZ L0,OE2,p UPpLY Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 through 32 for evaluation criteria. Yes 0 No'W' Not Applicable aECEIVED ....N.N.•QOAAD Q_F OPEN 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. © Yes ❑ No� Not Applicable n/0 AKRAC7- QV ,41.x- 011AL IZ'Y Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No x Not Applicable e ,,V J- GU 0o EV_ C 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. nn © YesD NoIX'J Not Applicable Co 1' Dc c „ass cy 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 -7 P� RREECENED AI 17 2018 ZONING BOARD OE ARR€ s�- 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. Ed Yes 1:1 No�Not Applicable 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 X NoE] Not Applicable AX!5 NO 06WV01,1Kra/U 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 9 Not Applicable Created on 5125105 11:20 AM vi 3 EXISTING DRIVEWAY it QK � -L FkNGG ., k «.. X — —I acy X — - - X - - Wv X ui m EXISTING 2 STORY GARAGE I 2 x Q x _ I; II CONCRETE I --- WASHOUT SOIL x - , II i EXITING INGROUND POOL W K LOCATION I" TO BE REMOVED n II' i i I m HAY BAY OR SILT FENCING I w I P P03ED 20'X 55' IIx UMRS OF CIEARINGTO BE I I NO MORE THAN 20 FROM III I D POOL u I PROPOSED WORK AS II I O INDKATlD ON Sr"RAN _ r 26.7' —w.______.__._..�.___ti._�____�__.__w.____.w ti,_,__ X I , C** I � 1`1') ' X A ATIO ON GRAD I m P� p%ISTING DRIVEWAY ❑ —C — ------ — -- - ---� X I Q EXISTING 2 STORY O POOL HOUSE I ❑ S EXISTING 2 STORY x HOUSE o Iz ❑ooao❑o❑a❑❑❑o❑a❑a❑o❑oa o n I I I L —X — — X— —X — — X ` FENCE x — X— —X — — X— J i SITE PLAN SCALE: 1" = 20'-0' I m PECETIVED lamm/Aselton residence Taken January 11,2018 1Looking NNE ZC)NING BOARD OF APPEALS r + r s • z - � � 1 i I LammlAselton Residence Taken January 11,2018 Looking NE w •fit r ..F r _ r 1 SET.f7 1 �� 1 •�/ -.tel c � � .6Out a , >`- °.tic►,' f''� wra, LYe!'.. wj IA•wi yYi6F+ too nib _. .. __ 1 1' 1 11 1 • 1 1 ti } -��*•:1� !3�S'! e.+7�•;- .r •. 1yN� /" t:a + 'Y:��- a =-c+ ."_--.tiY►o 1 f�.� /9# �ry�.. 1 i - �� ECEmn 30ARD OF APPEALS ZONING F lamm/Aselton residence Taken January 11,2018 Looking SNE n oil ♦ 3 P,✓ . 1 '+i�rYl i ■ , ^s - i i Lamm/Aselton Residence Taken January 11,r* 2018 Looking ENE �• � �� � .moi� .._. Residence Taken January 11,2018 Looking JAN L 7 7W ZONING .0 RD OF APPEAL5 CA r , STRE ; " '. SUB. LOQ'W- 4 :< QR, 0:`'Ar ., N• '� ISS . vv T _ A S. E OF BUIL FNG or A MM SEAS. VL. FARM COMM. CB. M150. Mk't. Volae' REMA _. LAND IMP. TOTAL DATE �. � ,. ,� Q l 371• r-a l..' y: 4 .Hw 2:."OI.,I 2Li GE B 4l I t�(„ CO D I BMs NEW 1 NO AL L an.. FARM Acre Value Per ue 1 .Rhy♦ .r;. Tillable\-7100 coo 00- 7. 7. Cj t . lT � Tillabl" 7i'llable 3 Woodland 0 c... Swampland FRONTAGE ON WATER o r' ROAD Brushland a� House Plot DEPTH ' •c r.. L ti' m .Total DOCK. :." s dew, tar SOMEONE I lip milli ®ll�rl�iillllil�llllD!' li �I....... ia...a No MIN a���lili�l ilii NMIillil. NII.F� � � ©gni lilill® �. y 'F �x d�7.Clfi�li or. 1". MINION Ogg I ME NOME MENEM �ll !!�'! lllliiiilililr4liirGi iiiiiii Foundation Basement Ext. Walls ' Interior Finish Fire Place • ••• , Rooms 2nr n., Dormer - • riveway Stv LIM j s . .• .. "I�IIIIIY %7 3 .y at }3 Total , TOWN4 .0 TY RECORD •CARD OWNER STREET VfLLAGE DIST, ' SUB. LOT FORMER OWNE N E ACR. V�l I t f I vv� tc� � 9s: Ta•�4t �, S W TYPE OF BUILDING C)mc.4k(zt� err. At"�1?11z)fA?, RES. SEAS. VL. ! FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS C 0 V4 p p Z cx= © -qoo j-3Kx 4/1-41910 g w e 900 3�o© A 4 5a o 26 9/ �.► . a _ tfi t I Tillable FRONTAGE ON WATER rA Woodland FRONTAGE ON ROAD CSFAIZO" Q. I Z. Meadowland DEPTH House Plot BULKHEAD Tota SO ■EN■OE■O■■■E■E■■NONE . . , _. � ■■■■■■■■■ NOON■■ •r . • + y ® Foundation Fire Place • Rooms 2nd Floor 7,111, III L i • A s w .++1�9 f r WWI( ELIZABETH A. NEVILLE, MMC ,10 CQ(� Town Hall, 53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145 MARRIAGE OFFICER nr ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �J 7 �`1 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, 2018 RE: Zoning Appeal No. 7156 Transmitted herewith is Zoning Appeals No. 7156 for Matthew Aselton & Sara Lamm The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire � Agricultural Data Statement Short Environmental Assessment Form --TApplicant/Owner Transactional Disclosure Form(s) �Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- 0 f t^0 0±4 P.0 l'OyL Drawings �Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- * * * RECEIPT * * * Date: 01/19/18 Receipt#: 233060 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7156 $500.00 Total Paid: $50000 Notes: Payment Type Amount Paid By CK#7590 $500.00 North Fork Woodworks, Inc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Aselton, Matthew 10960 Wilshire Blvd Apt 1900 Los Angeles, CA 90024 Clerk ID: SABRINA Internal ID-7156 cop►�s- �ew -� w� T Michael A. Kimack D ATTORNEY AT LAW MAy 1018 P.O. Box 1047 i Southold, N.Y.11971 �-1 t� Cell No. 516-658-6807 P w E-mail.: mkimacic2@verizon.net May 4, 2018 Re: Application # 7156 1045 Orchard Street, Orient To: Zoning Board of Appeals AT the recently held hearing for the above referenced application, you requested I provide some evidence of prior approvals of locating an accessory structure in other than the code required rear yard. The property in question has two front yards which, inevitably, creates a variance under the code. I researched all immediate surrounding block numbers and was able to find two prior decisions that regard two front yards and/or other than the rear yard. The first is application # 5456 which involves a 3.3 acre parcel with access from Village Lane. The property is just northwest of the subject parcel. In that approval, an accessory garage was constructed and inspected under building permit #13988-Z when the property was part of a 13 acre tract extending to Tabor Road. When the lot was subdivided, it changed the location of the front yard. Relief was granted.(see attached) The second is application 4739, which was rendered for the property in question. At the time of the application, the existing swimming pool and storage building was in existence and was the subject of the application in order to obtain CO's for both. However, the Board determined that the lot had not, in fact, been merged, which placed the two structures on a lot without a primary residence. The Board, in its decision, offered available alternatives (5), one of which was to join the two tracts of land. Subsequent to that decision, the lots were merged, which herein has created the two front yards and the request for a variance. As a result of the merger, the existing pool and garage received C of O's E-27162 and E-26649 respectively, In. retrospect, the existing pool had received conditional approval, given it meet one of the available alternatives in 4739, which was accomplished by the merger. We respectfully request the Board to take into consideration their past action in granting a variance for a replacement pool as submitted. Sincerely yours, Michael Kimack, Agent . , r % AS z.� SUFrot�- APPEAS BOARD MEMBERS Southold Town Hall Ruth D. Oliva,Chairwoman 14 53095 Main Road Gerard P. Goehringer y P.O. Box 1179 Lydia A.Tortora �`i Southold,NY 11971-0959 Vincent Orlando ? gyp! Tel. (631) 765-1809 James Dinizio, Jr. 1 ,��� Fax(631)765-9064 http://southoldtown.northfork.net RECEIVED BOARD O1P APPEALS R;CglYEJa¢�-6 TOWN OF SOUTHOLD rr FINDINGS, DELIBERATIONS AND DETERMINATION G�,4lSP#1 MEETING OF FEI3RUARY 12, 2004 FEB 18 �4 OOLI Appl. No. 5456 -WILLIAM AND CAROL GILL V - Property Location: 605 Village Lane, Orient; Parcel 25-2-20.21, tuthold Town Clerk 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 applicant's 3.27-acre parcel has 25 ft. frontage along the easterly side of Village Lane (a/k/a Main Street) in Orient. The property is improved with a two-story, single-family dwelling, an accessory inground pool to the south of the dwelling, a detached shed, and the requested detached frame garage located in the southwest yard area behind the dwelling. BASIS OF APPLICATION: Building Department's October 31, 2003 Notice of Disapproval, citing Section 100-30A.4 (ref. 100-33) in its denial concerning an as-built detached garage located in a yard determined by the Building Inspector to be a front yard, rather than a rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 22, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the: T_oning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant is requesting approval of the front yard location of an existing 24.3 x 44.3 ft. accessory one-story garage. ADDITIONAL INFORMATIONO: The accessory garage was constructed and inspected under Building Permit #13988-Z dated June 3, 1985 when the property consisted of 13+ acres with frontage along Tabor Road and Village Lane. A Certificate of Occupancy was not obtained under BP #13988-Z before the permit expired. In this application, the lot has frontage along Village Lane, and the Building Department determines the location of the garage to be a front yard, instead of a rear yard. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "as built" garage, which measures 24'3" by Page 2—February 12, 200 • AptA No. 5456—William and Carol Gillooly 1000-25-2-20.21 (formerly part of 20.19) 44'3", is a single-story, accessory four-car garage building with two garage doors. No plumbing or heat is requested or found in the structure. The garage is centered in this 3.27 acre parcel, from the northwest corner to the westerly property line 150.7 feet along property now or formerly of the McKay Family, and the northeast corner 148.4 feet from the east side property line along property now or formerly of Richard Gillooly. 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 flag lot, which means the property owner has limited choices to place an accessory garage. Also with this lot, the code definition is not clear as to where the front yard is without having road frontage. 3. The requested variance is not substantial, and the garage is situated on a large lot, near the center of this 3+ acre lot at '50.7 feet from the west property line and 146.4 feet from the east property line. 4. The difficulty was self-created when the house was built on a flag lot. 5. No evidence has been submitted to indicate that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the survey dated October 21, 2003, prepared by Joseph A. Ingegno, L.S. 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 users, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, and Dinizio. (Member Tortora abstained.) (Member Goehringer w"sent.) T Re, tion was duly adopted (4-0). Ruth D. Oliva, Chairwoman 2/-/04 Approved for Filing APPEALS BOARD MEMBERS v1•F01 6'0 Southold Town Hall Gerard P, Goehringer, Chairman �� Gy�� 53095 Main Road James Dinizio,Jr. N - P.O. Box 1179 Lydia A. Tortora �- ` Southold, New York 11971 Lora S. Collins y j �� ZBA Fax(516)765-9064 George Horning Telephone y►�� Telephone(516)765-1809 2!JS'WrI I vV BOARD OF APPEALS TOWN OF' SOUTHOLD FINDINGS AND DETERMINATION REGULAR MEETING THURSDAY, OC'"r'OBER 14, 1999 Appl, No. 4739 -JOAN AND WILLIAM RICH III 1000-25-Z 20.17(and ref 19.1) STREET & LOCALITY: 1105 Orchard Street, Orient DATE OF PUBLIC HEARING, September 30, 1999 FIN •.1,'QFFAZ PROPERTY FACTS- The subject property is a cornea- lot with 253.24 feet frontage along the west side of Tabor Road and 113.93 feet frontage along the north side of Orchard Street, Orient. The parcel is improved with a swimming pool and a storage building. A survey dated February 2, 1990, submitted by applicant, shows a combined area of 48,408 sq. ft. which includes the subject lot and the adjacent lot to the west (1000- 25-2-19.1, which measures 80 feet along Orchard Street and 251.28 feet deep and is improved with a dwelling). The 1990 survelt indicates that the line between the two lots is the "former property line." (Applicant in this application to the Board of Appeals states that the two lots are separate and not merged as one.) BASIS OF APPEAL; Notice of Disapproval dated July 28, 1999, denying a Certificate of Occupancy for the pool because it is not it permitted structure "pursuant to Article III Section 100-3 ICA which states ... Garden house, tool house, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain ... subject parcel does not contain a principal residential use. Original permit for pool 1'#18782) was issued based upon a survey indicating that this lot had been merged with the neighboring residential lot, these lots were separated by ZBA in Appeal #2104 dated March 26, 1976 and have not merged " RELIEF REQUESTED. Although the Notice of(Disapproval refers to a CO only for the swimming pool, the Board understands that applicant seeks COs for both the pool and the storage building, and that both are denied for the reason that such structures are permitted only as accessories to a principal use, and there is no principal use on the subject property. Applicant states that he does not Irish to merge the lots. The appeal presented to this Board does not expressly request a variance, but simply asks for issuance of the COs, presumably pursuant to this Board's authority under Section 267 of New York Page 2 - October 14, 1999 �4g,D ZBA Appl, No. 4739 -W, Rich 1000-25-2-20,17 Town Law to reverse decisions of the administrative official charged with enforcement of zoning laws, REASONS FOR BOARD A TIN DESt UBED BELOW On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicant purchased lot 1000-25-2.-19.1, improved with a dwelling and garage, in 1976, and lot 1000-25-2-20.17, which was then unimproved, in 1981. The two lots have been held in different names and have not merged. (2) In February 1990, applicant obtained Building Permit No, 18782 to construct a swimming pool and storage building on the easterly part of the property. Under Code section 100-31, such structures are permitted only as accessories to a principal residential use on a parcel. The building permit application appeared to request authorization to build the two structures on a single parcel that also contained the existing dwelling, making the two structures accessories: (A) the building permit application gave the lot size as 193.93 feet (front), 191.74 feet (rear) and 250 feet +- (depth), which are the dimensions of lots 19.1 and 20.17 combined for a total area of 48,408 sq. ft.; (B) the building permit application gave the existing and intended uses of the premises as, respectively, "private one family dwelling w/ detached garage apart- ment" and "private one-family dwelling w/detached garage apartment, detached barn and swimming pool'; (C) the building permit application included a survey on which a line is shown between lots 19.1 and 20,17 and is denoted "former property line." (3) Certificates of Occupancy were not issued for the pool and storage building at the time the projects were completed. When applicant applied for the COs, the Building Inspector issued the Notice of Disapproval cited above, dated July 28, 1999• (4) Applicant states that the Building Department made a mistake in issuing Building Permit No. 18782 and that he relied on that Permit to build the pool and storage building, and he asks this Board to direct the Building Department to issue COs for the two structures. Applicant contends that unless the COs are issued, he will be harmed by his reliance on the Building Permit. However, the Board concludes that the Building Department issued Permit No. 18782 not in error but in the belief that the two lots had merged, and that this belief was reasonably based on the information submitted in the Building Permit application. Because that permit record showed the lots as merged, the Permit properly authorized construction of two accessory structures on the property with the existing dwelling as the principal residential under Section 100-31 C(4). It would be Page 2 - October 14, 1999 �M ZBA Appl. No. 4739 - W, Rich J- 1000-25-2-20.17 inappropriate for this Board now to direct issuance of COs for those structures as located on the unmerged lot 1000-25-2-20.17 without a principal residential use. ADDITIONAL INFORMATION: (1) The swimming pool structure is not a permitted accessory use on a lot which does not contain a dwelling. Section 100-31C(4) of the Zoning Code states that Accessory Uses are permitted limited to the following: "Garden house, tool-house, storage building, playhouse, wading pool, swimming goal, or tennis rgurt incidgntal to the residential u,1KL x,11_qj??rang,= ..." (Emphasis added) (2) Swimming pools under Section 100-31C(4) of the Zoning Code are permitted accessory to a principal residential use. (3) Applicant created his own difficulty by providing the "information" to the Building Department, for reliance in issuing a building permit, constructing a swimming pool and now, nine (9) years later, states that the building permit was not issued properly. The 1990 Building Permit record does confirm that the survey amended February 2, 1980 indicates a single lot arexi of 48,408 sq. ft., and the Applicant relied upon the same Building permit to construct the pool. (4) More than nine (9) years has Imssed since the Building Permit was issued (February 16, 1990). (5) Alternatives are available for applicant to pursue by: (a) Joining the two tracts of land, as submitted at the time of issuance of the building permit; or (b) make application for a Use Variance; or (c) remove the pool; or (d) build a principal dwelling use (after obtaining all permits). RESOLUTION/ACTION: On motion by Mernters Dinizio and Collins, seconded by it was RESOLVED, to DENY the request that this Board direct the issuance of Certificates of Occupancy for the swimming pool and storage barn located on lot 1000- 25-2-20.17. VOTE OF THE BOARD: AYES: Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent during this Resolution.) This Resolution was dulx adopt 4-Q). j RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE X116 HOUR /.'3 0?A/ Ir. D P. GOEHRINGER, IAIRMA Y/, For Filing October 28, 1999 Town Clerk, Town of Southold I • James Garretson,Chairpersons Town Hall Annex Anne Surchin,Vice Chair R 54375 Route 25 Donald Feiler PO Box 1179 James Grathwohl y'��l �aO�' Southold,NY 11971 Robert Harper Fax(631)765-9502 Gary Parker Telephone: (631)765-1802 Edward Webb www.southoldtownny.gov Damon Rallis,Application Coordinator �(�7P 7 c1 MEMO MM 7/ 1 G Southold Town Historic Preservation Commission May 3, 2018 off` 16( �-Powyq - To Whom It May Concern, At its January 16, 2018 regular meeting, the Southold Town Historic Preservation Commission made the following determination: The proposed demolition of existing swimming pool and installation of a new in-ground swimming pool at 1045 Orchard Street, Orient(SCTM# 1000-25-2-20.22)was outside of the commission's jurisdiction and, therefore, the applicant could proceed with the application to the ing department and any other agencies. ely, er Rallf pplication Coordma r, • Southold Town Histo is Preservation Commission Fuentes, Kim From: Fuentes, Kim Sent: Thursday, February 08, 2018 1:29 PM To: 'Mark Schwartz' Subject: ZBA - Lamm-Aselton #7156 Hi Mark, I'm reviewing Lamm-Aselton application and noticed that your site plan refers to a John Ehlers survey of April 10, 2017. Please provide us with a copy. Thank you. A pdf would be fine. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownny.govov BOARD MEMBERS Southold Town Hall V-) Leslie Kanes Weisman,Chairperson �� SDUjyO53095 Main Road•P.O.Box 1179 !p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento li`C�U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 9 Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 3, 2018 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, MAY 3, 2018. 10:30 A.M. - SARA LAMM AND MATTHEW ASELTON #7156 — Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 20, 2017 Notice of Disapproval based on an application for a building permit to construct an accessory in-ground swimming pool; 1) located in other than the code required rear yard; located at: 1045 Orchard Street, Orient, NY. SCTM#1000- 25-2-20.22. 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: April 19, 2018 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 0 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 April 9, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, May 3, 2018 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 April 16th: 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 April 23rd: 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 April 25th 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 May 1, 2018. 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. TOWN OF SOUTHOLD r71 ZONING BOARD OF APPEALS L P-MM fgaVCA- SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS pAeA AS'fL T"opt/ (Name of pplicants SCTM Parcel # 1000.- COUNTY 000-COUNTY OF SUFFOLK STATE OF NEW YORK I, RI CI-M ez A. !el`:pw C,4 residing at P G. ,Q ce 104'7, .I'O10W 6Y.J, iV Y New York, being duly sworn, deposes and says that: /177/ On the /O day of Rf%PlL , 20/6, I personally mailed at the United States Post Office in J'OV771,040 ,.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 (4 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. (Signature) Sworn to before me this day of AFr I 1 , 2018 TRACEY L. DWYER 14ac�q C2_� 2W A NOTARY PUBLIC,STATE OF NEW YORK NO OIDW6306900 ary Public) QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2DJO 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. 2S-Z - A9 Z 0,6" Cz:/ZzC,(/ / P o. ed x 33, /tel; Al Y 2vr- 2 -2�•Z igBoe 44 G.GC ! lZ0 > 1 P/�,QR�Pa�vT PZ. ,yRoaeZ-YA1, &Y 1 leo« X VVA/-IK4 R 1/ 957 OROVARV J7; //• I �P/CN.4lzp e-7 ON �¢/✓/, Al y Al. Y 4�aT 4 /,. 5 '00 �a��o�e1 N y 95-7 25-- -4 - P Q. Boy ,ZS P Q. ,fox /34) Hilo R7-0A1 A X' 5-- -7 o,elA'- P apoR.� ,PD C/< < o ,� Y N Y 104021 4�570 I& 491 �� LLY S/4/r/ 2 7 ^ / — �. Sz � �,y pec/ Z4M ,, 6 00 9 3 Postal CERTIFIED MAILP RECEIPT CERTIFIED MAILP RECEIPT 0 rL Domestic Mail Only a. 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PSN 7530-02-000-9047 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK L,4m Al 1,9'a v.-%- AFFIDAVIT OF In the Matter of the Application of POSTING 15A-� 4A)VII/ MW77ZUJ A 574L7-oAI (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 2Y-Z- 20, 22 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, &ZC11",1 A residing at p©. ,B4C /d47 PP(17-9" &Y ,New York, being duly sworn, depose and say that: On the— oster, 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 7VOP.'/y#YJ', ZU/6 (Signature) Sworn to before me this �St Day of Mc; , 20113 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO 01DW6306900 QUALIFIED IN SUFFOLK COUNTY (Noary Public) COMMISSION EXPIRES JUNE 30,203 * near the entrance or driveway entrance of my property, as the area most visible to passerby. 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C3Street --- SJ Wili- ,b iinxv - - -- - -------------------------- wi C3 ;d City,-State, w or -----`-----4-L__ ---------F/7 4�r ------i-9------------------ 04dg&Z A1Y .7 NVI-Mt�t&l ZlP+4®- T. Postal Service" M ERTIFIED MAIL@ RECEIPT co Domestic mail • niy _D nJ Cc ORIF NT►ru NY 1195r'T- `G�p Certified Mail Fee ,1s JJ $3.45 Ln $ 0971 .61 Extra Services&Fees(cbeckbox,add fee a.%aqr({q77 r-q ❑Return Receipt(hardcopy) $ 7 U.U te) 0 ❑Return Receipt(electronic) $ Q ElCert�ied Mail Restricted Delivery $ ( �Rostmati� f1 ❑Adult Signature Required $ Here El Signature ResLicted Delivery$ Postage $0.71 C3Total Postage and Fees '` 04/107201i $ $6.91 Ln � . � Sent To M Street aird AP of fsl oz NN--o --/1.0 City State, lP+4® 9S SENDER: COMPLETE ■ Complete items 1,2,and 3. Adelivery ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. dresses ■ Attach this card to the back of the mailpiece, Y rid Nae C. Date of Delivery or on the front if space permits. 1. Article Addressed to: ddress different from item 1? ❑Yes yS ?H If YES,enter delivery address below: p No all&'00V6 IT-", /4. 6 o0 93 11I IIIIII I'll I I III I I I III I I I I I I II II I I I I III 3. Service e oi Mail e pres s®❑Adult Signature Registered mail- 9590 il^ 95909402 2472 6306 2697 71 Sgr ue Restricted Delivery 101❑RegisteredMail Restricted ed Ml® ❑Cered Mail Restricted DeWery JmRecelpt for re ❑Collect on Delivery MerchandiseTrm9- Article Number IT fro service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*"' 7 D 15 0640 0 D 1 5428 2 7 0 6 El Insured Insured Mail El Signature Confirmation Insured Mail Restricted Delivery Restricted Delivery (over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt r r COMPLETE •N M COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A Sign 1111111Print your name and address on the reverse X E3 Agent so that we can return the card to you. 67? ❑Addressee ■ Attach this card to the back of the mailpiece, . Rec rioted Name C. D to of Deli Iery or on the front if space permits. C . 1. Article Addressed to: D. Is delivery address different from item 1? 13Yes R1C,V,4" 4 A1Aj-'Rs'0N If YES,enter delivery address below: p No pe j-ULl-F P,4Z-PIN ggg �5. 30 11h.s7:APT-4 M IV-Y N V / v a/'d 11 111111 IIII III I III I I I I I I I I I I I III II II II I I III Service e Priority prese® 13 AdulSgnatureaegMM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2472 6306 2698 25 dilZortified Mail® 1DD•O•l very ❑Certified Mail ResMcted Delivery OMetum Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation'" 7 015 064 O D 01 5 4 2 8 2 6 5 2 ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery -— -- ---- - - -- - =Mall t PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ' • . COMPLETE THIS • ■ Complete items 1,2,aW. A. Signature ■ Print your name and address on the reverse ❑,�y� so that we can return the card to you. X Addressee ■ Attach this card to the back of the mail lace, B. eived by(Printed Name) or on the front if space permits. p ) e of Delivery 1. Article Addressed to: Lellvery t l f� iffdifferent elow;m item l? Yes DO/V 4� �fcJ 0.9RO No 869 4-1� 9s� II I IIIIII IIII Ill I III I I I IIII I I I I I Ill II I II I II III 3. Service Type ❑Priority Mall Expresse ❑Adult Signature ❑Registered MalITM 9590 9402 2472 6306 2698 18 0❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Maim ��DD�live ❑Certified Mail Restricted Delivery A&IUV9 ry Recelpt for ❑Collect on Delivery Merchandise 2- Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*"^ ?115_01.40 110111 13 Insured Mail ❑Signature Confirmation 5 4 2 8 2 6 6 9 ❑Insured Mall Restricted Delivery Restricted Delivery ----- ___ (over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A Si at re ■ 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 mallpiece, B. Received by(Pdn ed Aamej C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES.enter delivery address below: 0 No 2 eh5p Aj PSV ,8�00l1L y� MY /!2 I1 I I111I1 Iil1 III I III 111 IIII 1 I1 I 1 iii III 11 it I III 3. Service Type ❑Priority Mall Express® ❑Adult Signature ❑Registered MaIIT"' ❑kdult Signature Restricted Delivery ❑R 'stared Mail Restricted 9590 9402 2472 6306 2698 49 [fled Mail@ very Certified Mail Restricted Delivery atom Receipt for ❑Collect on Delivery Merchandise 9 e�;^;..nr..... ❑Collect onDelivery Restricted Delivery ❑Signature ConfirmationTm ?015 0 640 DO01 542 8— 26 38 I]Insured Mail [3 Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery - -- - over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. S' ature r ■ 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 mallpiece, eceived by(P' teddf) tCDA ery or on the front if space permits.1. AroploAddressed to: D. Is delivery address difffrom If YES.enter delivery address below: p No K,6WY �•¢ HAP., '11A2W Sr' t_1AV I- ,4125L7CW Q 1 NTS Y // 93-7 111 111111 IIII IIII IIII 1 I IIII 1 I 1 I 1 III 1I III III III 3. Service Type ❑Priority Mail Express@ E3 Adult Signature ❑Registered MaiITM ❑ u@ Signature Restricted Delivery [3Registered Mail Restricted 9590 9402 2472 6306 2698 32 Ified Malmo '�m Receipt ❑Certified Mall Restricted Del" M hand's@ for ❑Collect on Delivery ❑Signature Confirmatlonm . ^ A ;,J� K1L 1 cr/Trwnsfer from service labeq ❑Collect on Delivery Restricted Delivery❑ ured Mai ❑Signature Confirmation Insl Restricted Delivery 15 0640 00 1 5428 2645 ❑Insured Mail Restricted Delivery love $500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE THIS SECTION 6 ■ Complete Items 1,2,and 3. A Signature ■ Print your name and address on the reverse XLh E3 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Recei by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES.enter delivery address below: p No lC��7-11 f�ORTa�c/ P, o,el v�, IVY. 11 IIII IIII 1111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIII I I I I I II I 3. Service TYPE 13 Priority reds Express® ❑Adult Signature El Registered MaIIT'" Adult Signature Restricted Delivery ❑R istered Mall Restricted 9590 9402 2472 6306 2698 01 Certlfisd Maly oe�very ❑ Mall Restricted Delivery haetum Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConflnnatlonTm ❑Insured Mail ❑Signature Confirmation 5 0640 0001 5428 2676 ❑ nsured Mail Restricted Delivery Restricted Delivery over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3. QB. R tu ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, ved by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Articl%Addressed to: D. Is delivery address different from item 1? ❑Yes # If YES.enter delivery address below: ❑No Chi/.sr�'�v / 1oe7'0A1 Bax ! 3¢ 4�"py'q- '4'T IIIIIIIII IIII III I III I I i III IIIIIJill 1111111111 3- Service Type 0 Priority Mall❑tuft SiressID gnature Restricted Delivery [3RRegistered Mall Restricted Dowery 9590 9402 2472 6306 2697 95 ilea Mall® ietum Receipt for ❑ Ifled Mall Restricted Deliveryerchandise ❑Collect on Delivery ❑Signature ConflmKdlonTM 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 9 ❑Insured MaiEl Signature Confirmation 7 015 0640 D 0 01 5428 2 6 8 3 ❑ nsured Maii Restricted Delivery Restricted Delivery over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETEELIVERY • COMPLETE • ON ■ Complete items 1,2,and 3. A. Signature ❑Agent ■ Print your name and address on the reverse X '•1, �v _ ❑Addressee so that we can return the card to you. ■ 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. 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: ❑No ORI P �Wr, Ny ir Priority Mall III IIIIII IIII III I III I I I III I I I I I I III II IIII it III 3 d�s 9 atureeR ed Delivery ❑R,.,�veered Mail R�cted 9590 9402 2472 6306 2698 56 flea Mall® Itatett;Rerrelptfor Mall RestHcted Delivery Merchandise ❑Col Ivory Restricted Del" ❑Signature ConfirmationTTM [I signature Confirmation Article Number(Transfer from service laben ❑Insured Mail 7 015 0 6 4 0 0001 5 4 2 8 2621 ❑Insured Mail Restricted Delivery Restricted Delivery (over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 _ — Domestic Return Receipt 1 �1��1�111��11"II�1�'�11�{{t{��li,llf iill�l II Islas it5 1 C33tESL$590�F ' �ro� Michael A. Kimack, Esq. - Attorney at Law U,$. POSTAGEAl , P.O.Box 1047 SOUAPR 7971 8D, NY I Southold,N.Y. 11971 AMOUNT ----- POSJl/SFRVKFa 7015 0640 0001 5428 2690 1000 $6.91 R2305K133607-02 450 N Y NY NOT1Y�.' - - - - - F,- 7, RW ' - f ,_� '• �'.-.�� � ill;lohi;il51S�r� i��yi;fkfl� 9li4iFjl zL.1 E #0002199480 R 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 04/26/2018 r Principal Clerk Y Sworn to before me this da of . CHMSTINA VOLINSKI NOTARY PUBLIC-5TATF OF NEW YORK No OIVOG1015050 Qualified in suftoik Comity My conunisswn taF)htc F-bninty 28.2020 91 TYPESET- Wed Apr 18 13.28:00 EDT 2018 setback of 10 feet; 2) more than the code CHAIRPERSON LEGAL NOTICE permitted maximum lot coverage of 20%;Io- BY Kim E.Fuentes SOUTHOLD TOWN ZONING BOARD cated at:440 South Lane(Adj.to Orient Har- 54375 Main Road(Office Location) OF APPEALS bor),East Marion,NY SCTM#1000-38-6-12 53095 Main Road(Mailing/USPS) ^`� THURSDAY,MAY 3,2018 11:00 A.M.-LEFKARA HOLDINGS LLC PO Box 1179 PUBLIC HEARINGS #7158- Request for Variances from Article Southold,NY 11971-0959 NOTICE IS HEREBY GIVEN,pursuant to XXII,Section 280-116A,Article XXIII,Sec- 2199480 Section 267 of the Town Law and Town Code tion 280-124, and the Building Inspector's Chapter 280(Zoning),Town of Southold,the January 16,2018,Amended February 5,2018 following public hearings will be held by the Notice of Disapproval based on an applica- SOUTHOLD TOWN ZONING BOARD OF tion for a building permit to construct addi- APPEALS at the Town Hall, 53095 Main tions and alterations to an existing single fam- Road, PO. Box 1179, Southold,New York ily dwelling and to construct new accessory 11971-0959,on THURSDAY,MAY 3,2018. structures;1)less than the code required 100 9:30 A.M.-KEVIN FOOTE#7127-(Ad- feet from the top of the bluff;2)more than the joumed from February 1,2018)Request for code permitted maximum lot coverage of Variances from Article III, Section 280-15, 2090;located at:1070 The Strand,(Adj.to the Article XXIII, Section 280-124, and the Long Island Sound) East Marion, NY Building Inspector's October 6,2017 Notice SCTM#1000-30-2-77 of Disapproval based on an application for a 11:15 A.M.-WILLIAM AND LORRAINE building permit for additions and alterations MCINTOSH#7159-Request for a Variance to an existing single family dwelling, con- from Article IV, Section 280-18, and the struction of an accessory garage, and con- Building Inspector's November 30,2017 No- struction of an accessory swimming pool; 1) tice of Disapproval based on an application additions and alterations to a single family for a building permit to construct additions dwelling located less than the code required and alterations to an existing single family minimum front yard setback of 35 feet, 2) dwelling;1)less than the code required mini- proposed accessory garage located in other mum side yard setback of 15 feet;located at: than the code required rear yard,3)proposed 395 Holden Avenue Extension,Cutchogue,, accessory swimming pool located in other NY.SCTM#1000-103-13-31 than the code required rear yard;located at: 1:00 P.M. - TOU PATERA MOU, LLC, 780 Champlin Place, Greenport, NY NICK MOSHOURIS#7158-Request for a SCTM#1000-34:3-36.1 Variance from Article XXIII, Section 9:45 A.M.-TIMOTHY J. AND NANCY 280-124, and the Building Inspector's De- LEE HILL#7155-Request for a Variance cember 19,2017 Notice of Disapproval based from Article XXIII,Section 280-124 and the on an application for a building permit to Building Inspector's December 14,2017 No- legalize"as built"demolition and to construct tice of Disapproval based on an application additions to a single family dwelling; 1)less for a building permit to legalize an"as built" than the code required minimum front yard deck addition and to construct additions and setback of 35 feet; located at: 295 Central alterations to an existing single family Drive, Mattituck, NY SCTM#1000-106-3- dwelling; 1) more than the code permitted 20. maximum lot coverage of 20%; located at: 1:15 P.M. - THOMAS SIMON AND 360 Oak Avenue, Southold, NY JEANNESHANAHAN#7161-Request for SCTM#1000-77-2-2. a Variance from Article 111,Section 280-15, 10:00 A.M. - 1505 BIRDSEYE ROAD, Article IV,280-19;and the Building Inspec- LLC, 7140 - (Adjourned from March 1, tor's December 4, 2017 Notice of Disap- 2018)Request for Variances from Article IV, proval based on an application for a building Section 280-18, Article XXII, Section permit to construct an in-ground swimming 280-105;Article XXII,Section 280-116;and pool; 1) located in other than the code re- the Building Inspector's November 17 2017, quired rear yard;located at: 1375 Greenway Amended November 22,2017 Notice of Dis- East,Orient,NY SCTM#1000-15-1-13 approval based on an application for a 1:30 P.M. - STEPHANIE L. TEICHER building permit to construct a new single fam- #7138-(Adjourned from April 5,2018)Re- ily dwelling and to erect deer fence at a height quest for Variances from Article XXII,Sec- of 8 feet at, 1) proposed single family tion 280-116 A(1); Article XXIII, Section dwelling located less than the code required 280-124 and the Building Inspector's No- minimum front yard setback of 50 feet; 2) vember 15, 2017, amended November 20, proposed dwelling located less than the code 2017 Notice of Disapproval based on an ap- required 100 feet from the top of the bluff,3) plication for a building permit to legalize"as- proposed deer fence more than the code re- built"additions to an existing single family quired maximum four(4)feet in height when dwelling, at; 1) located less than the code located in the front yard, located at: 1505 required 100 feet from the top of the bluff,2) Birdseye Road, (Adj. to the Long Island less than the code required minimum rear yard Sound)Orient,NY SCTM#1000 17-1-4 setback of 50 feet; located at: 6825 Nassau 10:30 A.M. - SARA LAMM AND MAT- Point Road,(Adj.to Little Peconic Bay)Cut- THEW ASELTON#7156-Request for a chogue,NY SCTM#1000 111-15-8.2. Variance from Article III,Section 280-15 and The Board of Appeals will hear all persons the Building Inspector's December 20,2017 or their representatives,desiring to be heard at Notice of Disapproval based on an applica- each hearing,and/or desiring to submit writ- tion for a building permit to construct an ac- ten statements before the conclusion of each cessory in-ground swimming pool,1)located hearing.Each hearing will in other than the code required rear yard; not start earlier than designated above.Files located at. 1045 Orchard Street,Orient.NY are available for review during regular busi- SCTM#1000-25-2-20.22. ness hours and 10:45 A.M.-PETER PATINELLA#7157- prior to the day of the hearing. If you have Request for Variances from Article XXIII, questions,please contact our office at,(631) Section 280-124 and the Building Inspector's 765-1809, or by email KimF@ January 15,2018 Notice of Disapproval based southoldtownny.gov on an application for a building permit to Dated:April 19,2018 construct additions and alterations to an exist- ZONING BOARD OF APPEALS ing single family dwelling; 1) located less LESLIE K A N E S W E I S M A N, than the code required minimum side yard �+IuTIr:. E UF HEARIi4i� The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : LAMM , SARA & ASELTON , MATTHEW # 7156 SCTM # : 1 000-25-2-20 . 22 JARIANCE : LOCATION REQUEST: NEW IN -GROUND SWIMMING POOL LATE : THURS . , MAY 3 , 2018 1 0 : 30 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 OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERS o f S0Ur Southold Town Hall Leslie Kanes Weisman,Chairperson y�� yp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yComm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 January 18, 2018 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 # 7156 Owner/Applicant : ASELTON, MATTHEW & LAMM, SARA Action Requested: Construct an accessory swimming pool. Within 500 feet of: ( ) State or County Road ( ) 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 C irperson_ By: Encls. BOARD MEMBERS r3F soar Southold Town Hall Leslie Kanes Weisman,Chairperson �a yp 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes N Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento `yCouf Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 January 18, 2018 Landmark's Preservation Commission c/o Damin Rallis Building Department Dear Mr. Rallis: We have received an application(ZBA# 7156) from Michael Kimack for SCTM#1000-25-2-20.22, owner : Aselton, Matthew& Lamm, Sara. The proposed construction is not permitted without review and approval by the Southold Town Landmarks Preservation Commission, because the property is listed either on the Southold Town, New York State and/or the National Registers of Historic Places. Enclosed is a copy of the application. Your comments are requested. Very truly yours, Leslie K. Weisman ZBA Chairperson By:. (F. gjai1s Encls. SURREY OF PROPEf;ZTY 51 TUATE: ORIENT N TOM: 5OUTHOLD 5UFFOLK COUNTY, NY �i � w E SURVEYED 04-10-201-I FEB 2 6 2018 SUFFOLK COUNTY TAX # 1000 - 25 - 2 - 20.22 S CERTIFIED TO: MATTHEW ASELTON SARA LAMM LAND NOW OR FORMERLY OF TABOR LAND LLG N87°47'30"E "'E f 52.26' � 40•00 x iii 1 of; NELL 4,1 \..Eds Pr70FME F£ o.le 41.6' — I � I — __ _ F©FL � D 2 STORY `FSM N$ FRAME $ nF i I GOP1N�III sj GARAGE S1 FF EL I S 7' a r PAT:o ; I HEIGHT 25.4' r' EL I65' j CF SCFTIG 31 HEIGHT MAL Y PATIO I+ 22.2' . STAU:Fjf STOte(T1'Pi L w i w x � x X Zix � I r (L L x } O x 7 1 ♦ i P4 Z 1 - 1 DI Z I G W Y L)Nc FEN E N Q � O O—C—x—�--x- --x—x—x—x —x --x--1 J x 21W I STORY g i ":a v b•a°"'g w FF 20.0' m a 0 c, 00 2 STORY O FRAME HOUSE Q 3r FF EL 20.5 HEIGHT 22.0' z tag 4' a n y :� r5h1 ns I I �Ir �I I I - C.GY>GRETE S.D.lV^LK ,�. • ORCHARD STREET • IF 1 Ir.J_ NOTES ■ MONUMENT FOUND PIPE FOUND ii,,�p2rr n NV 'nFt.n.J.f laf. N OufyY ' AREA = 48,31-7 5F OR 1,11 AGRE5 JOHN C. EHLERS LAND SURVEYOR 6 BAST MAIN STREET N.Y.S.LIC.NO.50202 6RAPHIG 5C-ALE 1"=30 RIVERMPAD,N.Y. 11901 369-8288 Pax 369-8287 REF.CAUsm\johnMMboxMW PROSUOOO pros120-248 Update 3-28-2017.pro o��gUfFOt,��o Office Location Telephone (631) 765-1809 = Town Annex/First Floor Fax(631) 765-9064 1-:11 54375 Main Road http://southoldtownny.gov ,f, � Southold, NY 11971 �jl�l �a0 Mailing Address P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS Town of Southold May 22, 2018 Michael Kimack Attorney at Law P.O. Box 1047 Southold, NY 11971 Re: ZBA Appeal No. 7156 Lamm-Aselton, 1045 Orchard Street, Orient SCTM No, 1000-25-2-20.22 Dear Mr. Kimack; Transmitted for your record is a copy of the Board's May 17, 2018 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. Sincerely, i A- ju�, Kim E. Fuentes Board Assistant Encl. cc: Building Department i i A-s pro 20.19 (d WI�iU 1 ,.OA(e) _ ■ V 4.13 ✓fir V —Y— l 14 r kt- n p NY— to 54 � zo.zoIca- M 01 ° a -7 �A-l(n !- 01- 20.21 4,2 3.3A u 2 71 a 192 ,n 112 ' ,a sa m ` 21.1 22.1 ,.0.4 1.OA � 20.22 $ t'3 pts ORC CHURCH <nlonlsr 1l � 20.11 = • 20.13 14.1 • 11.1 10 $ 11.7 p tt. • N $r w , 8 s #.. • 1.4A 2 yd $ S •e Y_ T"' ep1 PORK M 17 ^O g 11.9 P 13.5A F m m 19 2 14 19 12 ,0 1.9A ,.SA a 1.9A 13