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vq.s . ... ..... .. 7s3 U APPEALS BOARD MEMBERS pf SO �� ry0 Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �O� Town Annex/First Floor,North Fork Bank Michael A. Simon cou�m��v 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.iiet BOARD OF APPEALSE�EIV¢ TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION So�°f0� Teart, a MEETING OF OCTOBER 27, 2005 ZBA No. 5753—Anne Pollio and Kimogenor Point Company, by Benedict J. Pollio, Attorney-In-Fact Property Location: 445 Kimogenor Point Road, New Suffolk CTM 117-10-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Co-applicant, Kimogenor Point Company, is a cooperative and owner of premises, which includes Parcel 3, improved with the co-applicant, Anne Pollio's single-family dwelling owned and occupied under a proprietary and Perpetual Lease, and shown on the November 2, 2000 survey prepared by Joseph A. Ingegno, land surveyor. Adjacent are Parcels 1 and 2, also in the name of Kimogenor Point Company, improved and shown on the 6/16/82 survey, amended by Otto W. VanTuyl & Son, made for Kimogenor Point Company of the entire 7.2+- acres. BASIS OF APPLICATION: Building Department's March 22, 2005 Notice of Disapproval, citing Section 100-31 in its denial of an application for a building permit to construct a proposed addition o an existing single-family dwelling. The reason stated by the Building Inspector in the disapproval is that the construction is proposed on a lot that is improved with several single-family dwellings and other structures, citing Section 100-31A which reads: `In the AC, R...Districts, no building or premises shall be used and no building or part of a building shall be erected or altered for any uses except the following: A. Permitted uses. (1) One=family detached dwellings, not to exceed one dwelling on each lot.' FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 and October 20, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicants wish to construct additions to a single-family, two-story dwelling, as shown on the plot plan prepared May 18, 2005 by Boulevard Planning East, P.C. The single-story addition is proposed to be a family room, 16.6' by 21.5 feet in size, located at the northeast corner of the dwelling, 22.6 feet from the closest (easterly) lot line. Page 2—October 27,2005 ZB File Ref.5753—Anne Pollio; Kimoge oint Company CTM 117-10-1 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the structure proposed is not substantially altering the existing building on the same location. The use of the building is not being altered, and will remain as a single-family dwelling in the same location. The scale and character of the addition will keep the dwelling within the harmony of the properties surrounding the house and the adjacent neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the subject dwelling is located on a lot that is owned co- operatively with many other homeowners on the same lot. If the applicant were required to build an addition to conform to the strict regulation of the code for one dwelling on a lot, only one dwelling would be permitted, resulting in removal of dwellings off the property. Also, the addition does not change the single-family dwelling use of the applicant's building. 3. The variance granted herein is not substantial. The addition is for a family room, and not a proposal to create another dwelling or to substantially increase dwelling density. 4. The difficulty has not been self-created. This development has existed for many years before zoning, and it was the adoption of a zoning plan and regulations that created nonconformities to the property with the dwelling structures on it as a single lot. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the plot and elevation plans prepared May 18, 2005 by Boulevard Planning East, P.C. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolution was du dopted (4-0). Ruth D. Oliva, Chairwoman 11/4/05 Approved for Filing f. y-.J".I 3Y i .:+.-. •v �y�� <., .vn .'r I ,s, a _r:T' _ , aI h :lIIt C•F d .. - ....,r.�+._.,. _.. .> - .. ., _...,. .-.•" ',?� ---r'S• r,a' .YF, :, .Lc _ (. :;�_ - ti. .2•:�- ':r.,-.. t•:. "•a'. 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I_: _ . ..._.�a.,,.•/'P:�-_•: .,...�<:.�� .f'�`► /I� �q -•�,`:d='E`•n:�+•� .:*'Ca � ti•: • �e�.S'.t�o rK1ac� ' LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 20, 2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, October 20, 2005, at the time noted below (or as soon thereafter as possible): 9:30 a.m. BENEDICT POLLIO #5753. Request for a Variance, based on the Building Department's March 22, 2005 Notice of Disapproval concerning an addition to an existing dwelling. The reason for disapproval is that Section 100-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except ... (1) One- family detached dwellings, not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains more than one dwelling. Location of Property: 445 Kimogenor Point Road, New Suffolk; CTM 117-10-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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 at 54375 Main Road (at Youngs_ Avenue); Southold before the date of the hearing. If you have questions, please do not hesitate to call (631) 765-1809. Dated: September 29, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 T, 3 NOTICE OF DISAPPROVAL DATE: March 22, 2005 TO: Rob Lehnert for Benedict Pollio 32645 Main Rd. Cutchogue,NY 11935 Please take notice that your application dated March 10, 2005 For permit for an addition/alteration to an existing single family dwelling at Location of property: 445 Kimogenor Point,New Suffolk County Tax Map No. 1000 - Section 117 Block 10 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction on a property in the R40 zone is not permitted pursuant to Article III Section 100-31 which states: "in AC R Districts no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged intended or designed to be used, in whole or in part for any uses except the following: A. Permitted uses. (1) One family detached dwellings not to exceed one dwelling on each lot." The construction is proposed on a lot with more than one dwelling. C Authorized Signature APPLICATION Tl AE SOUTHOLD TOWN BOARD I LPPEALS For Office Use Only F Pf 1=r, Fee:$ Filed By: Date Assigned/Assignment No. '� "'' Office Notes: JUL - 6 2005 70NING BOARD OF APPEALS Parcel Location: House No.44S Street 10m oAerl o/` �O� Hamlet A/ V/�o ir —1 SCTM 1000 Section/17 Block /0 Lot(s)__ _Lot Size Zone District R-4 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: MarrA 22, 200 s— Applicant/Owner(s): v 40ra a ��L 4 dr' pdl;6 ol Address: 3Z6�,� //I,G�/r, Gv�GNO Sac �/U1` , /f93S T Ti• Telephone: NOTE: If applicant is not the owner,state if applicant is owner's attorney,agen architec uilder,contract vendee,etc. Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to,from the above listed names: XApplicant/Owner(s) ❑Authorized Representative ❑Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED #4.,,rA 10.aVVf' 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 and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- 31 Subsection 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❑has khas not been made with respect to this property UNDER Appeal No. Year Boulevard Planning East, PC. Architects• Engineers•Construction Management Internet: www.blvdplan.com 32645 Main Road Cutchogue,N.Y. 11935 PHONE: 631.734.2011 June 30, 2005 Re: Response to ZBA Application Questions Question# 1 The applicant cannot realize a reasonable return due to the following: At the time of the purchase of the property,the property was part of a co-op of houses on one piece of land. This existing structure was already converted, and permits were issued on this project in 2000, and not executed. We are seeking to enlarge the subject structure,which is conforming to all existing zoning regulations as pertain to setbacks and lot coverage. Question #2• The hardship relating to this subject property is unique in that the variance that we are asking for is one that has to do with a situation where more than one house is sitting on a property,that is owned in a co-operative. Question#3• This hardship applies to the entire neighborhood, since it falls within the same subject parcel. Question#4• This request will not alter the character of the neighborhood in the following ways. The use that we are asking for is one that has precedent in the neighborhood. The structure proposed is not altering substantially the existing building on the same location. The scale and character of the proposed building will be in harmony with both the surrounding neighbors, and the surrounding neighborhood. Question#5• The hardship has not been self-created because we have a precedent of past permits, and completed projects on the same subject structure. Question# 6• This request is the minimum necessary primarily because we are asking for a use variance,not a setback variance. The use is both in conformance and customary in the neighborhood where the project is located. Both the existing and proposed buildings conform to all of the setbacks and lot coverage requirements. Question# 7• The spirit of the ordinance will be observed, and the public safety secured by the granting of this variance due to the fact that the use we are asking for is a customary use in the subject neighborhood, and will only enhance the property while keeping the construction in the scale and character of the neighborhood. i Page 3 of 3 - Appeal.Application Part B: REASONS FOR USE VARIANCE Of requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). X plC4st- 5 to .411�e4l S�7ta7t, 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a su/stantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the slanature and notary area below. " '"" nature of Ap .e nt or Authorized Agent Sworn to before me hls (Agent must submit Authorization from Owner) ti(lTk rc �t o day of .................... -, c;zznn.,2 . _"ti Court; —8sr?7 (Notary Public) ZBAApp950/02 i PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): a& y I-eV.4rd n nIn5 Eot 5 T I. If buildinp,is existing and alterations/additions/renovations are Proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size:_(S, x 2/1 S Square footage: 335,4 5 F B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: AIM Square footage: II. If land is vacant: _ Please give dimensions and overall square footage of new construction: Dimension/size: Square;footage: Height J in. Pufpose and use of new construction requested in this application: 6X 4fJ Sl en AO W. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes;after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. r PROPOSED MASONRY PA ADDITIONS & PATHH A AT GRADE `1'INDOY / EXTERIOR DOOR SCHEDULE "ALL HABITABLE ROOM5 MEET OR EXCEED ALL LIGHT, � /� VENTILATION AND EGFE55 REQUIREMENTS FOR NY5, ALTERATIONS WINDOW NO. OF DE5CPIPTION ROUGH OPENING MANUFACTUKEP, NOTES 5'-0" DE5IGNATION WINDOWS TO THE © A I CTN34 01-9 112 x" 6'-8" ANDERSEN TO BE MULLED AT FACTORY I TW3046-Dt1P3446-TW3046 PLLB 2 TW26210 2'-8 1/8" x 3'-0 7/8" ANDERSEN 0 B O BATHROOM b C I TW303 1 O - 3 9'-5 1/2" x 4'- 0 7/8" ANDERSEN RESIDENCE KIMOGENOR POINT 2� WASHER DRYER NEW SUFFOLK � 1 3� f EXIST'G. MASONRY NEW YORK J f PATIO AT GRADE uj uj C W S.C.T.M. # 1000 - 117 - 10 - P/0 01 U U I = P-5' N I I REVISIONS DATE; N � KITCHEN PROPO ED FAMILY o ROOM „-, O T- A 00 <u u 0017 f a _ - EXISTING SCREEN PORCH EX15T. 71-LARPOOP I G'-4" f. FLOOR PLXN SCALE - 11411 = I '-O" NALL TO BE REMOVED V+ALL TO BE REMAIN R W WALL CONSTRUCTION BOULEVARD PLANNING EAST, P.C. ARCHITECTS CONSTRUCTION MANAGEMENT _ 32645 MAIN ROAD CUTCHOGUE, N.Y. 11935 12 Q ----- - - ------—�--T _ — -- Telephone Fax 631-734-2011 516-538-4090 -- — — Internet: www.blvdplan.com TOP OF PLATE TOP OF PLATE TOP OF PLATE _ ELEV. +8'-0" � ELEV. +B'-0" ELEV. +8'-0" THESE PLANS AND SPECIFCATIONS ARE TNSTRUMENTS OF SERVICE H �! - � AND ARE THE PROPERTY OF BOULEVARD PLANNING EAST P.C.INFRINGEMENT'S r ` WILL BF PROSECUTED. LEE-' ,1uI( �pryA1 ,.--`--- C, DATE: 5-18-05 DR. BY: R W L FIN. FIRST FLOOR FIN. FIRST FLOOR FIN. FIRST FLOOR ELEV. +0'-0' _ ELEV. +O'-O" ELEV. +0'-0" SCALE: AS NOTED I CHKD: J.S. I ( I I I I 1- - - - - - - - - - - - - - - - - - - - - - - - - - 1, ,-1 -- - - - -- - - -- — — — —— —— — — —— — — ——— — — — — — — — —-__-- - - -- - -- - - - ---- -- - - _ 1, - - -- - - -- - - - - - - - ---- - - - - -- - -- L- - . --- - - - - - --- - - - - - - -- - - - - - - - - - - -1 - - -- -- I I ( I ( -- ---', REAR ELEVATION EAST ELEVATION FRONT ELEVATION PROJECT NUMBER SHEET NUMBER 5(-ALE - 11411 = I '-0" SCALE - 11411 = 1 '-0" SCALE - 11411 = I '-0" 2 s J4 ao 04, ,, �-� PROPOSED I so �,�. FFOW ADDITIONS & 4" Vertical Face ,( ALTERATIONS BEDDING DETAIL 302.26, N.TS , 6 2p05 v� TO THE I _���' «.�,l�BOARQ OF AppEp,�S POLLIO Amele First S d take Towar r IPreviously Laid Bale *.. •' ~ FlowerRES1.1jr-NCE '� - KIMOGENOR POINT . =-_. NEW SUFFOLK I 0 ANCHORING DETAIL. _ NEW YORK f L BALES SHALL BE PLACED AT TWE TOE OF A SLOPE OR ON TWE CONTOUR AND IN A ROW W(TW ENDS TIGI-ITLY ABUTTMG TWE ADJACENT BALES I.EACW BALE SHALL BE ET"PEDDED IN TWE SOIL A MIN-1UM OF 4 INCIJES (/``•��' (/y' r� AND PLACED 50 TWE SECURELY A ARE 4ED IN NTAL, S.C.T.M. ` 1 �/, 1000 117 10 P/O 01 •, ` 'OR FF-MAR5 DRIVENUT'QLrXaW TuEMA E. TWE IF"TT STAITWEIR KE IN EAC44 AJ�•lJ• •l Vl• 1 BALE 5WALL BE DRIVEN TOWARD TWE PFEvIOUSLY LAID DALE AT AN ANGLE TO FORCE TWE BALES TOGETWER. STAKES SHALL BE DRIVEN FLUSW UITW TWE BALE. ••• f • t 4.IN"E CTION SHALL BE FREOIENT AND REPAIR/REPLACEMENT 51JALL BE MADE PROMPTLY AS NEEDED. S.BALES SWAtiL BE REMOVED"N TWEY WAVE SERVED TWEIR USEFULNESS REVISIONS DATE; •0 ~ ' SO 45 NOT 10 BLOCK OR" EDE STORM FLOW OR DRAINAGE. • • '• •. PERIMETER HAYBALE DETAIL I 15 p E° PROPOSED FAMILY I SeTaACK� W�W ROOM ADDITION \ �OJ ��� � 4 S�Tf ,• ONC.w4, I � q SAP 1P. •�•,• 70 ' e� �, 10. /C"6 22. p a' ry C 'o NC a in � f Fj�gM��O y f USE 31.B• �� I , ?� �CdN01T1°NER SCq£�� I W SCq�N f °06 £�P°qa BOULEVARD PLANNING _ EAST, P.C. ARCHITECTS I CONSTRUCTION MANAGEMENT *000 I 32645 MAIN ROAD / e7 CUTCHOGUE,N.Y. 11935 Telephone Fax 631-734-2011 516-538-4090 Internet: www.blvdplan.com OF SERVICE AND ARE TIIE PROPERTY OF BOF PLANS AND ULEVARD PLANNINGNS ARE EA.S'T P.C.IN RINGrm. 1 NTS VM-L BE PROSECUTED. DATE: 5-18-05 DR. BY. R W L I f SCALE: AS NOTED CHKD: J.S. C PLOT PLAN • ��;; SCALE I "=20--0" NOTE: INFORMATION FOR PLOT PLAN TAKEN PROJECT NUMBER SHEET NUMBER FROM SURVEY PREPARED BY J05EPH INGEGNO - LAND SURVEYOR Oj I n DATED NOV. 2, 2000 ►' i S J4 C S� SURVEY OF PROPERTY SITUA TED A T 30 2.26 NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 1 17- 10—P/0 01 SCALE 1 "=20' !� NOVEMBER 2, 2000 0 co 0 ti 0 0-1 sub k -z t 72,p. .��.• 1 Q6' 29.3' 1�' ^d J 2 � / FRAME y RY �cF �� . __n.0• 51•6' �AIR CONDMONER Lu' AREA = 30,880.20 sq. ft. j WOp��'fEV 0.709 ac. lboO Z J / Q LLJA ° 'Or PREPARED c w 2 I/ACOORDANCE VM THE&WI Mt>1t •+ r BY INEL.IA S. AND APPROVED AND ADOPTED F4 F FOR SUCH USE BY THE NEW YOttK STATE LAID ► b y h WLE ASSOCY1T10N. �YSp� Y f'� 2 3 N.Y.S\ Lk. No. 49M L 4AM40RIZED AUM71ON OR ADOMON CO W THIS SURVEY LR A VIOLATION OF SEC710H 7209 OF THE NEW YORK STATE V EDUCATION Ui1r Joseph A . Ingegnoof Im SURVEY&W NOT woo J TO BE A VALA TRUE COPY. a Land Surve o r CERIWKylT10NS IIDICATFA HEREON SHALL RUN 3$ Y ONLY To THE PERSON FOR WHOM THE SURVEY 6 PREPARED, AND ON HIS 0DW TO THE TIRE COMPANY. OOVERNM IfAL AGENCY AND LENDING SA MON LWED HEREON,AND TNO S rap — � — site Piave — �in*ucNon LWIMA TO TIE ASS OF THE LNOT TR I SEER Tl1ilON. CFR'1F1G1TIONS ARE NOT TRANSrERABLE. MWE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT A A JNIG ADDRESS A�IOD% R OF RIGNIIom,MW 1350 ROANOKE AVENUE P.O. Boot 1931 ANY NOT SHOrdN Aj NOT 6UIIR�1tiTEED. RIVFRWEAD. New York 11901 Rimhood, New York 11901—OM AY Cks o� Y'�E5T CREEK . 0UNp s UNITE `I MpN Z O —I/2 STORY O RAMS HOU W Z i LAND o LAWN : Q EXI5TIN6 NEI6HBORIN6 MEMO SANITARY SYSTEM TO 1ST REMAIN STORY OD 5TRUGTU W BUL Q = Ljk I STORY EXI5TIN6 NEI6HBORI Z FRAME HOUSE SAMAIANRY SYSTEM T 0 NO SANITARY FACILITIE5 R WOOD BULKHEAD . TH15 STRUCTURE (GLUBHO ) � WOOD BULKHEADPROPERTY LINE Q u O PP-OP05W NEW 5 POOL SHALLOW SANITARY SYSTEM. 5UFFOLK COUNTY WATER SEE ATTACHED SITE PLAN FOR AUTHORITY UNDER6ROUND WATER W LAYOUT d DETAILS STOR MAIN V F— ARGHERAdwak RE5 1 DEVICE GRAVEL DR CANAL. LAWNDAT BEACH EXISTING CESSPOOLS SCTM # 1000-116-06-24.1 TO BE ABANDONED d F TOR 5 FILLED W/5ANO PROPERTY: KIMOGENOR POINT, INC. 50 JACKSON STREET 06 Z_ 5UFFOL COUNTY WATER NEW SUFFOLK, NY :.'-- AUTHORI UNDERC6ROUND WATER APPARENT HIGH WATER MARK MAIN o o OWNER: c/o ROBERT FOX w 3 W Z W EXISTIN6 NEIGHBORING 226 WEST LANE n w. W „ SANITARY SYSTEM TO RIDGEFIELD, CT 06877 a � o REMAIN w. N a �. / T SITE. 257 004.00 SQ. FT.+/- — 5.90 AC. Co N- R?`trtF AREA II - ZONING: R-40 FLOOD: AE (Elevation 8) ZONE EX15TING NEIGHBORING SANITARY SYSTEM TO SURVEYOR: JOSEPH A. INGEGNO BEACH REMAIN PO BOX 1931 SraR, RIVERHEAD, NY 11901 LICENCE N0. 49668 PROJECT NO: 0307 DATED: MAY 16, 2003 DRAWN BY: , RJB EXI5TIN6 NEEI61-150RI CHECKED BY: TCS SANITARY :5Y5TEM TO REMAIN DATE: 11/03/03 MOTES SCALE: Vs � SURVEY INFORMATION SUPPLEMENTED w/ADDITIONAL SHEET TITLE: FROM PHOT06ARAPH TION AND FIELDI SURVEY111'E A' 0 ,_� APPARENT HIGH WATER MARK FIL rlBY ARCHITECT FULL SITE �� _ PLANSCALE . 1 - 30' PROPERTY LINE BEACH SHEET NO: r SEP22005i� ;f ( ��� � G Co IY, giD sl F FEE L RoDerty or R(Lti 9DAnekR Lot M. tlD Back Lbtt SdW Watrkl Lk. --SCN Ij&mf Wefr Lko --R-- UNLESS DRA4 E hot.c_Dery -�� 9�b&Mm LlXklBI yNo. (21) Boar f ARE NITHIN�"F�l 2 fta We N LAY --F-- AAa a Wef kt LM --R-- ARE - 9.ES G _---- a O Iater Welrkt IN --/-- ftkr dLWtrkt Lro -'HST=- FRE_ 29.7 SEi aeavklm Lot Lk. Used LOnl�eLm R. 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Y y, ^�Y.`"`�- ;vr Sr+fix S ,o a1 > I IULm 1517'fi;VEY 15 A NtOLi171f1NOF. t4 i .fr•C. ` ^_ "f"t11 s,�n:: t . 209 OF'1NE NE11+YgRK 5TA1E % \ u� 5'' a� +'rs 5 ^,"y=r',�, ' ,s;-t'� "t£" It F a ,. Y,1' .EDUC.(aTIbN IJaWr ,1f1, 'f i t`• f :' ur.t.:nt __WW+d.'lYwit ws: .• �t M,�,. �Ll_,.__ .... (_ '-/ram i •_ _ distance from5th n dwelling a rpos+ any and> alto lawful of J 0 feet iusteai ie xegiiued f ides I r rt c 2Qfeet r }� s ;$3 tP rr Q� 18NOM degignatod as agei f 8:15 p m, prevailing ;tune, C �,tupnn whoin�fpzoceas Appeal No OS 101,Appeal of pu COUNTY OF SUFFOLK hest it mayle servedS Daniel>,Cala <Roanoke if3 illmail copy ofprocess to f avenue, overhead, New York ! STATE OF NEW YORK ss: '6Carleton Avenue f for a variance to _Chapter Lfl8, 2S Nancy M. Mclaughlin, being duly ?ast Islip,Nx L170eetiorialQ8 5L rof the Code of 69/29;4L0/6' 10/13, 0/f2Q,= ihd;3oRwn ofl�ue�head,trequest ; a? sworn, says that she is the Legal �, '10/27;ll/3L45(>117)s 7ngu>pezxn�ssion toeulstate the fd Advertising Coordinator, of the Traveler Y��RI7$LTClalOTIG� }ti ?rator+ =use ;of market/ ell/ oce t storeti Watchman, a public newspaper printed 4ursuantCto Section6`7 of Elie at Southold in Suffolk Count and that tAll x�ppeats'ad�aurned to�tlus �l' gin�xaw; a T'liblic Ilearing ll > Y� t�be:xheld by the`2onng listed`abo a heard tprior to those S the notice of which the annexed is a +aidnf:�.ppeals°gfthe4�'owmof= , , - �%erhead,SuffolkC,ounty,New ' person desiringo be s printed copy, has been published in said ak'om°October 13`2b05 ata)e hear aon the`aboue mentioned'` ' appeals should appears at the Traveer Watchman once each week verhead T`o�wn Ha11, 2Q;0 � well' Avenue, Riverhead specified hmetandplace el for............week(s) successively, > MARTIN KELI,ER,C:IIAIR,. w fork not.before he time cola on the.... ...........day of awn below on each of the fol MAN,ZONINCr BOARD OF +ving appeals } a'ti: APPEAL ..........., 2005. prevailing time, 1X 10/�/OSG(119) 1 ► eat:No OS 95, Appeal of " NOTICE OF FORMATION ,' itogeo & Joann earuso, '3 OF 'LIMITED F VIABILITY`. igeon'Court;;Riverhead, New COMPAI�TY' NAME RGJ Rrk fox'a variance to Chapter REALTY LLC Articles of 8, Section£a1 U8 20 o£ file Organization vVere filed with the.:' ideof the Town of�tiverhead, Secretary of State:o£Ne�v Yor1c ; uestm erinission o erect'a SSN on 09/22/OS Office' 1 g P 4 ( .. o e re me this.. .....day of 'miming pool,havug a side location Suffolk County SSNY rd�abuttuig a`side street of 20 has been designafed as agent of , 2005. instea'd of:the required 60 the. LLC upon whom process �t s against it maq be served SSNY '' 4 provailliig time, shall mail a'cop of'process�to meal Noy OS 96, Appeal of the LLC; `�ca Jahn R {, G.••��,. j�= . n?&pIDonnaL Salle;4-GEMle. �Idhf6c lvp,�P,ost Office Boat i Not Public �y Road'Wadg yRiver,'I;fiev '464, Speoiik, New York 141972 ' ridr vanances to. Chapter �Ptrpose Eot any lawful pur a 8z Section 108ti1TofitM Code, pow i the 'Iovsn:,of Riverhead, r 6X 10/6, 10/L3 r10/20;;10127, Emily Hamill uesfig perrnision to'erects a ° F11/l NOTARY PUBLIC,State of New York o�"liavmg a7ear yard!depfh of f F `r NOTICE No.O1HA5059984 Meet nstead'ofthe ierLuired 2O pebbles Beach': Farms Qualified in Suffolk County ill aw a shed haying a rear O'�rners =,Association East Commission expires May 06,2006 rd depth of 1:0 feet and�a side Marjori, New (( 1 -939 will I'd width of 5 Meet nstead�`of } Nre iired'2U`feet each-anil;�3 `Octob'ei��1 as 00 a pun�l`y'I �t` om a ;,proposed £pooh >teadY of`the required 10 feet uVedliesday,October 12,2005 55�a, m, prevarlln tune, $,QO .n The road cl9smg will ippeal��No "45Y97, Appeal sof be si}pervsedX 10/6/2fl05(121), i lbert & fio�ni1 F}alisi, 321 r , illi�iris VS�ay,Baiting hollow, NOTICE OF PUBLIC w�'Yozlc�foil a kvanance�'�to 'r `HEARINGS � x -.; lapter. 108, Section-I08 26:2 ' TOWN OF RNERMAD I the'Code of the Town of COMM[II�lITY`DEVEIOI'� 'ver ead, regue tang perxnis MENT AGENCY >n'to`altef a dyVellrng sa-that TOWN OF RIVERTAD, I Y frondt'yardc:del3th will'be 35` SUFFOLK COTJNTY �� lnsfead of the requirrd 40 YO R NOTICE Is�IEREBY GIVEN < ' prevailing time, tliafthe IVlernbers of the Town of' pea x Ng '05,98;'Appear`af Rivprh ea. d € ' Cammuntty tin" i•"Matrreeii �alente,.l9 e Developirient Agency, Townof ` i+i '{ die, Jainesporh, Netiy<'York or Riverhead;Suffolk Coun ,New y napce ' `;toy.;"Ch' ter�,`1`0.8, Yoik4(the "Agency"), wi;lmeet coon=�18 142 ofe��de�of atthe To�vii of Riverhead'Town �'oluai of=ERverlead,request Ha11, 200' Dowell Avenue, in?:.+ g permission' o deiiiolish pan Riverhead; New York, in said ; lsfing,'Ap id rice ands elect: flown;'on°October 18, 2005 at fy oneag side yard'v�idths 7 20 M; Pzevaling Time,for.A }�5 feett and7�feetnstead Gof the;purpose of conducting a pub ,t require, feet.and�15 feet tic hearing on whether Culrnary .� F Oil 3a r [r a 5 r ectl,ely°and havrng a"zesar arts'Riverhead sT should be :.: ^ R4« h f Y� - ! ..F.} S ut >dPLi t B depth of 3�1 feet insteadof jdesirgnated the ?qualified a�.d equirgd 40 feel elgibble,spson�or' for the rede i 4 tl C"C Tf d 6 3 05prn°; rpreva�ingime, y ,opment'of the` ollowtng four 5pe;a'l' appeal of p>operties ..- . f � a i'ut,i�&��ary?�dfii zkiew�cz, Street-andRoarioke Avenue m l aslungton4Ave>ttle; ' esport, theTown of Riverhead prtlperiy Yoil�"foz an iiiieretation �f'oznally,kuownxas 14 East Main ��apter Lip8;S`ec�ib#i�£1�0`$�� Steet (�G�TM }0600 l�_�8'00 ,finttibs NbwelliigFi Two Q6 00'xS3°QOd),propperty formal aai7 ; the ueshon being ly part of the Riverhead I'�rlung let'W'IdRwo, amil' y dwelling D Gig flyo '14 Ob04 ' y1561 etaclted'buiildtugs��fail° �T2&'Od A6'°00w (003)'<property vairtance',ta eWo -or,nallyi�mgwnf as�the R inland' `�acld�aneeartmeorcan A6 0050 QO1) atid0�opekb0112y °r =' fisting d`e'tached garage, thee smally�known ale Suburban j ezeatmg�iwq suigle'� a ul iFurnituief$utldi9 g `y 0600 Hdcnces on the4subjcctrezn{ r 128 o0 000 51 400, here s A. x ti R rnafter collectively referre to as pin, p>e�ailing rtiine, ,Yki?e Draper Y)t at had been ipeal'No }OS 1'00; Appeal of acc�uiied an assembled;by the i�rlesY L"eunig; 109 `Sound Agency for transfez to` Swez'ey is ,`'Wadrng Rider,Ne`vV'York Rtverhoad�.... g LLC in con E'a' variance'to"Chapter°1U8, nectibh with a.proposed urban ction t108 20 of the C$de of renewal prolect':::known gas the �c b �.. , T�iron nf:RwerhParl rPniiPet Swe7Pv.c�Prnyer ,anrl-'in rnn 0 PATRICIA C. MOORE 1D\� Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)'765-4330 II Fax: (631)765-4643 1�` a � 1 Memo: Zoning Board of Appeals Re : Pollio Appeal 5753 October 20, 2005 There were three issues addressed at the last hearing which we are prepared to address : (1) Ownership issues, (2) environmental issues, and (3) lot coverage issues . 1 . Ownership Issue: Kimogenor Point, a cooperative, is the owner of the land. The original development plan contained three parcels : Parcel 1 has the Archer house and club house, Parcel 2 has 5 dwellings, and parcel 3 has the Pollio dwelling a cottage and garage for the dwellings (Parcel 1 (SCTM#1000-116- 6-24 . 1) has a separate tax lot from parcel 2 & 3 which parcels were combined (SCTM#1000-117-10-1) ) . Kimogenor Corp also owns a separate one acre parcel with the tennis court across from Jackson Street (SCTM#1000-117-9-1) . You have a copy of a VanTuyl survey which shows the three waterfront parcels . Anne L. Pollio has a Proprietary and Perpetual Lease- she .owns the building and improvements under the lease, and she owns the capital stock of the corporation which owns the land. The Board has historically required both the dwelling owner and the Corporation to make a joint application. 2 . Environmental Issues: t A. Installation of Fully Compliant Septic System in 2004- no detergents seep into the Bay. The system was able to be constructed 12 ' down and conforming to required separation from water. Certification by Leonard is in your file . The sanitary of each dwelling is considered at the time of renovations to the individual structures by the building department and Health Department and since the Pollio sanitary is . conforming, the environmental concern regarding the sanitary is not relevant to this appeal . B. Elevation of this property is 10 ' to 12 ' above Kimogenor Point- the property has no history of flooding since it' s construction in 1946 based on the experience of the Pollio family and their prior owners . The basement was dry after the October unprecedented rain fall . C. 1903-1905 the cottages were constructed. Forty years later, in 1946, this House was built as a year round house at Kimogenor Point with a sizable basement and crawl space . D. This house is outside of Flood Zone, built in 1946 as a year round house with heat, a basement, insulation and air conditioning - other homes in Kimogenor Point were originally constructed as cottages . E . This house built with the most open space, typical of the manor house style, on parcel 3 of the original site development plan and has no zoning setback issues . F. Suffolk County Public Water extended into Kimogenor Point in 2000 and as each house is renovated the sanitary is reviewed and upgraded, as required by the Health Department. G. No issues of drainage because drywells constructed for roof runoff H. This house has C.O. for the original house and all prior renovations . The Pollio dwelling has repeatedly received building permits and C.O' s for renovations or alterations to the dwelling over the past 40 years . This variance represents a reversal of interpretations without any legislative change to the code. Our position is that a denial of this appeal would result in a taking of a property right established by issuance of the prior . building permit for a smaller project and all prior permits on record (list of C.O. ' s in your file) . I . The Archer property received approvals in 2005 for a more extensive second floor addition and first floor renovation. Unlike the other homes in Kimogenor Point this house is more substantial, has all the CO' s, a new sanitary, and previously granted a building permit for a larger renovation. 3 . Lot Coverage: I submitted in September an original site plan of the Kimogenor Point property prepared by Bob Leonard of Boulevard Planning East, PC. . Also for your file, if you need to refer to it, is one print of Samuels & Steelman' s site plan submitted in the Archer appeal . In the Archer hearing Tom Samuels testified that on the parcel containing the Archer dwelling (Tax Lot 1000-116-6-24 . 1) he estimated that the lot coverage was less than, 7% . In Archer, Appeal #5654, the Zoning Board granted the appeal for a second floor addition and first floor renovation to the existing dwelling, as applied for. The site plan, prepared by Boulevard Planning East, PC, based on an areal photograph of the two Kimogenor Point parcels (1000- 116-6-24 . 1 and 117-10-1) shows that the square footage of structures on both parcels (8 . 3 acres) is approximately 9 . 5% . If we take only the one parcel with the Pollio dwelling (117-10-1) the lot coverage is 14% . Please note there is an additional acre across Jackson Street containing the tennis court which is also part of Kimogenor Point Corp development (117-9-1) and if added to the lot area would further reduce the lot coverage calculation below 20% . Since the structures do not come close to lot coverage limitations of 20% the building department did not issue a notice of disapproval regarding lot coverage. The appeal is based on expansion of a nonconforming use (more than 1 dwelling on a parcel) . The issue raised by Fenton of lot coverage is not relevant to this appeal . At the hearing a question was asked whether open space and wetland areas are deducted from the lot coverage. Please note the definition of "Lot Coverage" and "Lot Areal' does not exclude Wetlands, Open space, Bluff or Beach. (Southold Town Code Section 100-13) c ' PATRICIA C.MOORE Attorney at Law ,� 51020 Main Road e4 I._.i-.� Southold,New York 11971 SEP 2 8 2005 Tel: (631)765-4330 ���---------- Fax:(631)765-4643 September 28, �2005 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Pollio Appeal- Kimogenor Point SCTM#1000-117-10-1 Dear Chairman and Board members : Enclosed please find seven original site plans of the Kimogenor Point property prepared by Bob Leonard of Boulevard Planning East, PC. . Also enclosed is one print of Samuels & Steelman' s site plan submitted in the Archer Appeal for your reference. Tom Samuels testified that on the parcel containing the Archer dwelling (Tax Lot 1000-116-6-24 . 1) he estimated that the lot coverage was less than 7% . In Archer, Appeal #5654, the Zoning Board granted the appeal for a second floor addition and first floor renovation to the existing dwelling, as applied for The site plan prepared by Boulevard Planning East, PC, based on an areal photograph of the two Kimogenor Point parcels (1000- 116-6-24 . 1 and 117-10-1) shows that the square footage of structures on both parcels (8 . 3 acres) is approximately 9 . 5% . If we take only the one parcel with the Pollio dwelling (117-10-1) the lot coverage is 14% . Please note there is an additional acre across Jackson Street containing the tennis court which is also part of Kimogenor Point Corp development (117-9-1) and' if added to the lot area would further reduce the lot coverage calculation below 20% . Since the structures do not come close to lot coverage limitations of 20% the building department did not issue a notice of disapproval regarding lot coverage. The appeal is based on expansion of a nonconforming use (more than 1 dwelling on a parcel) . The issue raised by Fenton of lot coverage is not relevant to this appeal . At the hearing a question was asked whether open space and wetland areas are deducted from the lot coverage. Please note the definition of "Lot Coverage" and "Lot Area" does not exclude Wetlands, Open space, Bluff or Beach. (Southold Town Code Section 100-13) x With regard to "environmental concerns" of Pollio sanitary system raised by Fenton, the Pollio sanitary was replaced in 2004 and enclosed are 7 copies of the Engineer' s certification. The sanitary of each dwelling is considered at the time of renovations to the individual structures by the building department and Health Department and since the Pollio sanitary is conforming, the environmental concern regarding the sanitary is not relevant to this appeal. If there is anything else you need please do not hesitate to contact me. fiery tr ly yours, atricia C . Moore PCM/mr Encls . • n Boulevard Planning East, PC. .Architects• Engineers• Construction Management Internet: www.blvdplan.com 32645 Main Road Cutchogue,N.Y. 11935 PHONE: 631.734.2011 September 20, 2005 Southold Building Department SEP 2 8 2005 Town Hall 53095 Main Road Southold,N.Y. 11971 - 0959 Re: Pollio Residence Septic System,Kimogenor Point,New Suffolk,New York To Whom It May Concern; This letter is to certify that the existing sanitary system for the above residence was installed in conformance with all applicable laws, is suitable for the needs of the existing residence, and will adequately handle any extra capacity that will come from the proposed renovations and additions to the house. If you have any further questions,please feel free=to=call,me at any time. Respe 't ors i ��S�FFO(�� ,y. Office Location: h�0 OGy Mailing Address: Town Annex/First Floor,North Fork Bank c coo 53095 Main Road 54375 Main Road(at Youngs Avenue) We • P.O. Box 1179 Southold,NY 11971 Southold,NY 11971 0959 . http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TO. (631) 765-1809 Fax(631)765-9064 January 11, 2006 Mr. and Mrs. Benedict Pollio c/o Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA Appeal 5753 — October 27, 2005 Variance Determination Dear Mr. and Mrs. Pollio and Ms. Moore: Our department is in receipt of your January 4, 2006 letter with partial maps, copies of which are different that the relief granted for a family room, shown on the May 12, 2005 map filed in the above Appeal. The applicant's May 12, 2005 maps were filed in July 2005, two months prior to receiving notification that your office will be representing the applicant at the second, later public hearing. The project description (copy enclosed) filed with the above appeal also confirms the applicant's request is for a 15.6 by 21.5 ft., 35.9 square foot addition. Since the map copies with your January 4, 2006 letter show new construction areas extending outside the dimensions requested.for the family room, there is no other procedure available for amended relief, except to follow the same appeal procedure that was followed under the first appeal. z ulyyours, 4 Ruth D. Oliva Chairwoman Encls. J Adelaide&Joseph Fenton 1 g �\ill 300 Jackson Street PO Box 611 � New Suffolk,NY 11956 Ms. Ruth D. Oliva Chairwoman,Board of Appeals Town of Southold 54375 Main Road Southold,NY 11971 August 17, 2005 Dear Ms. Oliva: We are in receipt,by certified mail, of a notice with respect to a hearing on August 18, 2005 at 9:50 a.m. entitled Benedict Pollio# 5753. Although the documents seem to indicate that the property in question is that of Anne L. Pollio,the actual owner is the Kimogenor Point Company, a cooperative, and that she is their tenant, and presumably,a stockholder in the corporation. This corporation owns a three and a half acre parcel,next to our home,most of which consists of a sandbar on Great Peconic Bay and West Creek that empties into it. There are twelve residential structures on the site, a club house,and a row of garages. Eleven of the residential structures are leased to stockholders and the twelfth is used,from time to time by various affiliated or related persons. The co-op was formed one hundred years ago and most of the structures were built then. They were summer cottages,utilized seasonally after school closed until Labor day. The property in question was acquired by the co-op corporation at a later date. The notice indicates that the Kimogenor Point Company is requesting a variance so that an extension can be added to one of its existing structures. A number of years ago, this particular structure was extensively extended,without the benefit of a variance. Later, . a porch was added, also without the required variance. The present request will constitute a third extension. Having been asked for comment which is submitted herewith,we are sure you will keep it in mind when coming to a conclusion. 1)Zoning,where the property is located, is one acre, so that the thirteen existing structures and garages constitute non-conforming uses and the application with respect to one of the buildings will add to this non-conforming use. If granted,will this not reinforce the co-op's ability to secure similar extensions to each and every cottage on the site, and is this appropriate?Will it not burden the already crowded site with even more intensive use and density? The one acre zoning, already compromised by these non-conforming uses, risks being made into a mockery. Twelve cottages and a club house on three and one half acres is one quarter of an acre each, or one quarter of the zoning standard. Is it appropriate to expand non-conforming uses in the circumstances,having already had two previous substantial alterations without notice and hearing? 2)Because the co-op site is mostly a sandbar,the cottages are only a few feet above the high water mark, so that when the tide is particularly high, as for example what happens at Equinox time, if heavy winds from the east pile the water into the bay,the site floods,as does the boat yard site at first street in New Suffolk,and the cesspools that service the cottages are covered by the encroaching salt water. When the flooding recedes, effluent from the cesspools inevitably enters the creek and the bay, and these - Adelaide&Joseph Fenton 300 Jackson Street PO Box 611 New Suffolk,NY 11956 phenomena show up as sea foam,but is in reality soap suds,from laundry detergents in the cesspools. You may want to study this situation and/or have the DEC, who is probably more attuned to the problem, address it at this site. A detailed environmental impact statement may be warranted.In July,one of the stockholders complained to us that there was a cesspool problem and that the cesspool people could not do anything about it. There must be something to this because at the site of the proposed work,the cesspool collapsed two years ago, and instead of installing another in the same area,the replacement was installed up against the eastern side of the building, indicating a problem of some sort. At the time,the building department advised us when they issued their permit,that they recommended that the DEC be asked for a permit as well. The proposed extension includes another bathroom and laundry room, further taxing an already over-taxed site. 3) The density problem is compounded by what has been taking place in recent years. The cottages are being upgraded by new owners. Instead of being used only in the summer,as the original co-op envisioned,they are used for longer periods and in some cases on a year round basis,putting more pressure on the already fragile infrastructure. Each new tenant's renovations tax the site further, so that the tipping point may have already been reached. Is it appropriate to continue down the variance path to an eventual and inevitable sanitary debacle? While we sympathize with each tenant's desire to create his or her own Taj Mahal at the site,which reflects the current building pattern,the place just can't accommodate this. Waterfront property is at a premium,bigger and bigger homes are being built, often out of keeping with the neighborhood. There is just so much waterfront and prices have been bid up irrationally. One of the twelve Kimogenor Point cottages was recently advertised for$1,675,000. A purchaser, at these prices will want to upgrade the facilities, and further burden an already inadequate site. It has been suggested that,as other properties along the beach have done,in order to stay on the buildings original footprint(in this case already enlarged twice), family rooms are being crafted by enclosing a porch which faces the bay, and making them adjustable to seasonal uses. Please think this through-not just in respect to one variance-but to take into account the entire site. Lead poisoning is also cumulative. Respectfully Submitted, ,� A � F Adelaide and Joseph Fenton `l A / p~ ADELAIDE FENTON �r—r, r �` j�a ✓ 300 JACKSON STREET P.O. BOX 611 NEW SUFFOLK, N.Y. 11956 (631)734-5099 FAX:(631)734-5136 E-MAIL: JOSADY@AOL.COM Ms. Ruth D. Oliva RECEIVED Chairwoman, Board of Appeals AUG Town-of Southold , 0 20�5 54375 Main Road /lp = Southold, N.Y. 11971 zo. ItJ BOARD o AL August 29, 2005 Dear Ms. Oliva: We, in the course of reviewing various data at your office with res ect to the most recent Kimogenor Point Co. application for a variance Benedict Pollio #5753), discovered. that a previous variance had been approved without Kimogenor Point Co. having notified me of that application and hearing, as required by the Town's laws and regulations. Their failure to notify me of that hearing, violated my rights, and invalidates the variance. My purpose in writing to you is- to put the Board on notice with respect to Kimogenor Point Cols failure in that instance, and to ingmire as to what action you propose to take.. Please let me know so that I can decide how to proceed to protect my rights ae the adjoining property owner to the property of Kimogenor Point Co. I would also like to call your attention to the fact that no variances were ever issued with respect to two previous additions to the structure owned by Kimogenor Point Co. which was the subject of the Aug— ust 18, 2005 hearing,- Respectfully, Adelaide- Penton AF/s TOWN`OF SOUTHOLD BUILDING PERT _--APPLICATION CHECKLIST BUILDING DEPARTMENT Do you ha: need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c J Phone: Expiration ,20 Building Inspector � I 1 APPLICATION FOR BUILDING PERMIT s . Date 20 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building,shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has•not been completed within 18 months from such date. If no zoning-amendments or other regulations affecting the property have been enacted in1he interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition-six months:.,Thereafter, a new permt,shall.be required. APPLICATION IS HEREBY MADE,ta the Building Department for the issuance.of a Building,Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (SIgnature of ca or name,if a corporation) 32645' A161f7 10- G�,4GA 25 4/e (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises Ben-e- G 94 (As on the tax roll or latest'deed) If applicant is a corporation, signature of duly authorized officr� (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ¢S 1 T►'�v Or It le W y House Number Street Hamlet County Tax Map No. 1000 Section I Block 10 Lot 1O/P — 1 Subdivision m o6 ty o Filed Map No. Lot (Name) 2. State existing use and occup___ of premises and intended lase and oc incy of proposed construction:' a. Existing use and occupancy &5j of-on --e .- b. Intended use and occupanc e%fid to e-C 3'. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost .5,9, JOB Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars N/ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N 7. Dimensions of existing structures, if any: Front 51, S Rear ; 7 S. Depth 3 7 Height Number of Stories Dimensions of same structure with alterations or additions: Front -73- Rear 5*1, Depth 37 Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front &1h Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO x 13. Will lot be re-graded?YES NO-,K-Will excess fill be removed from premises? YES NO X 14. Names of Owner of premises no Map Address IN Wh,4/1*// M d Phone No. yl 6 _.2 SRO Name of Architect 8)rah ld/,o i eA 5 Address 31445-Aam /Pd Phone No 73 4 -2 D// Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, S_OUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this propertywithin 300 feet.of a tidal wetland? * YES X NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) L G 4 M b'eing duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the Cj sq f (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to fore me this day of pF o�435096 ounty tvassau C of 61TOs °i' Signature of Applicant Office Location: h�®�. OGy Mailing Address: Town Annex/First Floor,North Fork Bank y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971 y p! Southold,NY 11971-0959 91 , �a http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 January 19, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5753 (Anne Pollio) Action Requested: Multiple Dwellings on One Lot Within 500 feet of: ( ) State or County Road ( x )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures COUNTY OF SUFFOLK b� STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING January 27, 2006 Ms.Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd.,P.O.Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Lockwood, Lois Patricia 5712 Ingrilli, John&Jane 5734 Maloney, Paul 5748 Pollio, Anne 5753 Kropp, Anthony&Joanne 5760 Monaco, Andrew&Ann 5769 Butz,Mary 5772 Kubiak, Richard 5780 Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Planning Aide CSW:cc M•\ZONING\ZONING\WORKING\CHRISLD\aug\sd5680.sep.doc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 (516)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (516)853-4044 APPEALS BOARD MEMBERS O�*OF S�UjyOl Southold Town Hall Ruth D. Oliva, Chairwoman ti p 53095 Main Road•P.O. Box 1179 Gerard P. Goehringerc Southold,NY 11971-0959 Vincent Orlando N Office Location: James Dinizio,Jr. • �O@ Town Annex/First Floor,North Fork Bank Michael A. Simon C0(I 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 2005 ZBA No. 5753—Anne Pollio and Kimogenor Point Company, by Benedict J. Pollio, Attorney-In-Fact Property Location: 445 Kimogenor Point Road, New Suffolk CTM 117-10-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Co-applicant, Kimogenor Point Company, is a cooperative and owner of premises, which includes Parcel 3, improved with the co-applicant, Anne Pollio's single-family dwelling owned and occupied under a proprietary and Perpetual Lease, and shown on the November 2, 2000 survey prepared by Joseph A. Ingegno, land surveyor. Adjacent are Parcels 1 and 2, also in the name of Kimogenor Point Company, improved and shown on the 6/16/82 survey, amended by Otto W. VanTuyl & Son, made for Kimogenor Point Company of the entire 7.2+- acres. BASIS OF APPLICATION: Building Department's March 22, 2005 Notice of Disapproval, citing Section 100-31 in its denial of an application for a building permit to construct a proposed addition o an existing single-family dwelling. The reason stated by the Building Inspector in the disapproval is that the construction is proposed on a lot that is improved with several single-family dwellings and other structures, citing Section 100-31A which reads: 7n the AC, R...Districts, no building or premises shall be used and no building or part of a building shall be erected or altered for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot.' FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 and October 20, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicants wish to construct additions to a single-family, two-story dwelling, as shown on the plot plan prepared May 18, 2005 by Boulevard Planning East, P.C. The single-story addition is proposed to be a family room, 16.6' by 21.5 feet in size, located at the northeast corner of the dwelling, 22.6 feet from the closest (easterly) lot line. Page 2—October 27,2005 ZB File Ref. 5753—Anne Pollio; Kimoqu r,r Point Company CTM 117-10-1 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the structure proposed is not substantially altering the existing building on the same location. The use of the building is not being altered, and will remain as a single-family dwelling in the same location. The scale and character of the addition will keep the dwelling within the harmony of the properties surrounding the house and the adjacent neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the subject dwelling is located on a lot that is owned co- operatively with many other homeowners on the same lot. If the applicant were required to build an addition to conform to the strict regulation of the code for one dwelling on a lot, only one dwelling would be permitted, resulting in removal of dwellings off the property. Also, the addition does not change the single-family dwelling use of the applicant's building. 3. The variance granted herein is not substantial. The addition is for a family room, and not a proposal to create another dwelling or to substantially increase dwelling density. 4. The difficulty has not been self-created. This development has existed for many years before zoning, and it was the adoption of a zoning plan and regulations that created nonconformities to the property with the dwelling structures on it as a single lot. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the plot and elevation plans prepared May 18, 2005 by Boulevard Planning East, P.C. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolution was du dopted (4-0). Ruth D. Oliva, Chairwoman 11/4/05 Approved for Filing (r- APPEALS BOARD MEMBERS �*OF $O!/jyo Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road-P.O.Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando C, Office Location: James Dinizio,Jr. • �O Town Annex/First Floor,North Fork Bank Michael A. Simon ��'�COUNV 54375 Main Road(at Youngs Avenue) Southold,NY 11971 , http://sodth6ldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809-Fax(631)765-9064 November 4, 2005 By Regular Mail and Fax Transmission Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File 5753 —Anne Pollio and Kimogenor Point Company f Dear Sir or Madam: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its October 27, 2005 Meeting. Please be sure to contact the Building_ Department (765-1802) regarding the next step in the building and zoning review process. When submitting other documents to the Building Department you may want to attach a supplemental copy of the enclosed determination. Thank you. Very truly yours, I Lil da Kowalski Enclosure Copy of Decision 11/4/05 to: Building Department \/ OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net Email: Linda.Kowalski(&-Town.Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET 73 7 TO: ` DATE: // / /2005 RE: � � 2ell --h� s-2 -3 MESSAGE: ( X) a or related attached, regarding your inquiry. Thank you. 04� Pages attached: . FORM NO. 3 I NOTICE OF DISAPPROVAL S 3 DATE: March 22, 2005 TO: Rob Lehnert for Benedict Pollio 32645 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated March 10, 2005 For permit for an addition/alteration to an existing single family dwelling at Location of property: 445 Kimogenor Point,New Suffolk County Tax Map No. 1000 - Section 117 Block 10 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction on a property in the R40 zone is not permitted pursuant to Article III Section 100-31 which states: "In AC R... Districts no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One family detached dwellings, not to exceed one dwelling on each lot." The construction is proposed on a lot with more than one dwelling. 04,4-'� Authorized Signature 473889 117 . -10-1 OWNER: PT CO KIN ;NOR ' NUMBER DATE TY711 CO USE/DESCRIPTIC I. = 16447 9/09/87 PERMIT 19393 2ND FLOOR ADDITION 10335 1/06/81 PRE CO 21992 4/05/94 PERMIT 24361 PORCH ADDITION 27357 6/06/01 PERMIT ADDITION & ALT&RATIONE _ 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit �`•\:';py��' ..."��, �'.Xn. �k''7{.�y,_ V,•�'���,',,`' ,2' ••.fit. •:'• {J. ���-�� - lei • •fie.� � � _) �� t ,��' =�i �� �i. E: CSO th 4 to ter FW ,fir♦ff,MEN ]WILY WAS F `" i�.. s it�� � �/' �� •fiwy,• �g. '4;*;itrii t..s�,L 1��• , Ily VIVI y 4' �"",.�ti;' "���; ±it����.i�'r '3� �t.l,' r .,� a'S"','i,'•t +,Y�s'` _ S T Be. ,146 1 O a6, j' ,_ �' 'ram !�+ '�'•t j 41 i 5.x PLOT PLAN tr; , G SCALE — l =2C—O"` NO TE• Y INFORMATION FOR, PLOT PLAN. TAKEN FROM SURVEY f'REP, R a BY l, p�.} p��v /.A,, t p ��Iy� ry w JO 6 1 •�1V17 V1-0 — LAN,D 5,UR,, lam 1 V 'r DATED MOV. 2, 2000 r.' ' ZONING BOARD OF APPEALS Emails: =Linda.Kowalski(ii),Town.Southold.ny.us Jayne.Martin(iDTown.Southold.nv.us Web site http://southoldtown.northfork.net (631) 765-1809 ext.5012 or 5011 at start of recording fax (631) 765-9064 TRANSMITTAL INTER-OFFICE MEMO To: ZBA Members RO VO GG JD MS DATE: r/ ;:?//2005 REF: Hearing Da d: �I Applicants: 2 oA Agenda Item for Meeting of / /05. (x ) Info attached for your information and review. � S U& Old 1 Thank y u. Pages attached: ,'(`af'z �,x�`i'`^n*f''V�i , ) _ .__.....,..,w,f"`G',}�ry,'•n' "MINIFIE491;I-Fort,• WIIT •;�2fi -;?vrrr'-a,a;c+`:?IY•ri .�' 31tl1 N Mh'N04 - - uG o.°^f`i!; i�f `'�'t5•� '� 3ttt'�BOdL"NQLL�ate_ t„2: f..,�.7r '�: '�,,;$i�?;.•fn„-,.'}�, 'r;MN;u •',,,. st y; . 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'^.r' ''•!. i.4 t r `ftr ,F $., "fie r, i`l:''" da+,i''{a.; ti-,�:t'y i 7 f ,•r,.N,J rY;i t' s•' "f., 'ii af.:o k rzFA is-' r' J, e. _ ', `G �`..y4` 5 .al=�-t.. ems,•• {, �.,r 3,�',,'f.i-. .,I+ ,-t" '',f i s Fei .7,�."c,.� f Y. ,r i'W:•• �r,, i`yi< y::f.'S i'i�n,l.:, ,.`.S",+',^�'r,'1,`�qt L'',,54 ��[ �ayY�`�,L��:4,4 4re, I e:f� "f•, _ .,,,'$;t.,a 3i� 9 y; y3.•r�},'�.ii�v � ,F•" "d'<..x - 7`,•ejir"`�'. +•4p i.t. - '�. fr• ';t,tlt t`,n _ �,C,''' .Y,_'+5y,. xF -�. }:'y:,, �,"e _ >xy,Y ? �J �\� -x,:, �i•:i'�S. ,.3% Y-!5�;,i yr�-'tv8's i�lt1{i ,t,`S t„�,!';y =,v:^P'r'3'J:` 4� ';< i l�5� •J,.•.`."`, �•'� - „�\:•�,.A'�''r r,' - 'lie •,,S �rf;i,''•r.rt 1st � ,•�Y CM�46�A '�4���F' k;,'�v„S;i.•d..f"tT;i'�'�`<.`� h. �.!rt�{l�'i,.i�4". ,`1},�.,S,`' �.;-',, '`, - tiP - ,?S rt,r;.�, t+ L)#.Lvt n.5`i;.._,«Z'• <ale,,. - I _ J QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes )(No B. Are there any proposals to change or alter land contours? ❑Yes )<No C. 1)Are there any areas that contain wetland grasses? 2)Are the wetland areas shown on the map submitted with this application? yFJ 3)Is the property bulkheaded between the wetlands area and the upland building area? NO 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? 'Vey Please confirm status of your inquiry or application with the Trustees: /d/O 70fl W I e Tm®41 D. Is there'a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nig E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? Al (Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have any construction taking place at this time concerning your premises? SVO If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel RC"5/ ,e,i G'e- and proposed use Re od-en o 4 (examples- i . sin fa proposed: same with garage.) Au i to 2/05 M, `ACTIONAL DISCLOSURE FORM i APPLICABLE'i"JWNER,CONTRACT VENDEE AND', NT: 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. Rig 6-Gr 7t- w (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-or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: 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, marriaize, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even- a partial ownership of or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO If 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: C Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%,of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer,director,partner, or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this d of Signature: Print Name-:0To GW �- PROOCT L NUMBER SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name 450yle r d planoins 'AA5;A *Ao///o ReSiclone-G 3.Project location: Municipality County 4¢5- h6iP"oo-enor At_ 4.Precise location(Street address and road Intersections,prominent landmarks,etc.or provide snap) 41A610 o f AP res,den-c c 5.Is proposed action: ( )NEW (X EXPANSION ( )MODIFICATION f ALTERATION 6.Describe project briefly: 7.Amount of land affected: f Initially: acres; Ultimately: acres / 8.Will proposed actlon comply with existing or other wdsting land use restrictions:( )YES K NO If No,describe briefly: Usc vva riwnG-e r e yvi1<d • -4 o")4 01,A 9.What Is present land use in vicinity of project:(describe): ()Qesidential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest(Open Space ( )Other 10.Does action Involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? (A YES ( )NO If Yes,list agency(s)and permit/approvals: -50`4•101 $V11d1n5 11.Does any aspect of the action have a currently valid permit or approval? ( )YES NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? ( )YES NO If Yes,list agency(s)and permit/approvals: I certify that the Information provided above Is true to the best of my knowledge Applicant/Sponsor Name: .r v.r Aq ' 'S Date: 1-100, Signature: If the actio In the oastalArea, �aregency, complete the Coastal Assessment Form before proceeding with this assessrr Boulevard Planning East, PC. Architects • Engineers• Construction Management Internet: www.blvdplan.com 32645 Main Road Cutchogue,N.Y. 11935 PHONE: 631.734.2011 May 31, 2005 Board of Appeals Town of Southold P.O. Box 1179 Southold,NY, 11971 - 0959 Re: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Boulevard Planning East P.C."to act as my agent in obtaining a variance from the Zoning Board of Appeals of the Town of Southold. If you have any questions,please feel free to call me at any time. Resp ctfully yours e o io— roperty wner THE KI R P NT COMPANY PROPERTY OWNER BY: Bened c Po lio as Attorney-In-Fact Under Power of Attorney of March 3, 2005 E ®��®F SO(/Tyol LIZABETH A.NEVILLE Q Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS N Southold, New York 11911 MARRIAGE OFFICER �� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER 011i Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER CoUN11 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 8, 2005 RE: Zoning Appeal No. 5753 Transmitted herewith is Zoning Appeals No. 5753 —Benedict Pollio-Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; ZBA application questions; reasons for use variance; project description; applicant transactional disclosure form; ZBA questionnaire; short environmental assessment form; notice of disapproval dated March 22, 2005; authorization letter and two pages of building plans. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/07/05 ZBA# NAME CHECK# AMOUNT TC 11MOMOP Pollio, Benedict 1977 $400.00 JUL 8 T ,37 5753 (Boulevard Planning East) mohaid Town Clerk TOTAL $400.00 Thank you. Town Of Southold P O Box 1179 __ithold, NY 11971 * * * RECEIPT * * * Date: 07/08/05 Receipt#: 1977 Transaction(s): Reference Subtotal 1 1 Application Fees 5753 $400.00 Check#: 1977 Total Paid: $400.00 Name: Pollio, Benedict 445 Kimogenor Point Cutchogue, NY 11935 Clerk ID: BONNIED Internal ID 5753 7 0ffice tocation: off. OG Mailing Address: Town Annex/First Floor,North Fork Bank y = 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971 col A 0! Southold,NY 11971-0959� �a http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 January 11, 2006 Mr. and Mrs. Benedict Pollio c/o Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA Appeal 5753 — October 27, 2005 Variance Determination Dear Mr. and Mrs. Pollio and Ms. Moore: Our department is in receipt of your January 4, 2006 letter with partial maps, copies of which are different that the relief granted for a family room, shown on the May 12, 2005 map filed in the above Appeal. The applicant's May 12, 2005 maps were filed in July 2005, two months prior to receiving notification that your office will be representing the applicant at the second, later public hearing. The project description (copy enclosed) filed with the above appeal also confirms the applicant's request is for a 15.6 by 21.5 ft., 35.9 square foot addition. Since the map copies with your January 4, 2006 letter show new construction areas extending outside the dimensions requested for the family room, there is no other procedure available for amended relief, except to follow the same appeal procedure that was followed under the first appeal. Very truly yours, Ruth D. Oliva Chairwoman Encls. PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): BO v !-eyorrd Alg ri nins Ek5 l- I. If building is existingara a terations/additions/renovations are prcpposed: A. Please give th,e<unensions and overall square footage of extensions beyond e isting building: Dimensions(size: d ' X 2 h 5" Square fa tage: 335 . SF s� B. Please give e_> spared-sq are footage of new proposed foundation areas which do not extend beyond the existing building Dimensions/size: /1/8 Square footage: If. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square;footage: Heights III. Purpose and use of new construction requested in this application: 6-K4":F1 on �c �X15 Ong 1'C5l Cn C IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. ;� F• ' ' `ter, r O � , S. , - Al DFn1G DBUx Al �eaa V�1 v�v 78 {, .Tauard �i 60AP0 OF Ap [dfd,gale KZt C • < ,, VW TTq fYCF Ai•OLCJf°6 oR oN Ttl£CGNTgIR _ -- T��oa.�taT, S ' - •. •---ol'TREIlAOIL A F1NS'W of a W=4E6 ' •• 5 N'A•• •5'. ITW uRi T4x8 STwces ` ,� F117ST ID A,* • �+• a. �C- BFAKEg ffHgLLLYM DW'YUNFtN.dntSLE S••C•1 rr Tl� II Y'i -� .•i t+T ANC REPAIR/REPLACEI"¢NT SHALL BE 144 ' •` .. `ST0101 0 T �R USERILNESO ! FL RAnta6E ItEVI$IONS IL • Zd r "i -'7� '3• �t 'w � - V 3�1' AZ7DiTJp�f' '_ •;'� BOM leyg f _,J CON''Stku� PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 January 4, 2006 AM �D Southold Town Zoning Board of Appeals J Ruth Oliva, Chairwoman and Members op�o4® Kieran Corcoran Esq, Assistant Town Attorney Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Appeal#5753 Anne L.Pollio Residence at Kimogenor Point(off Jackson Street), New Suffolk,New York (445 Kimogenor Point Road) New Suffolk,NY 11956 Application for Extension of Permit No. 27357Z Dated June 6, 2001 ZBA Appeal Dear Ms. Oliva, Members of the Zoning Board of Appeals and Mr. Corcoran: Thank you all for the time and attention the Board of Appeals gave to the Anne L. Pollio/Kimogenor Point application and the ultimate approval, as applied. - Unfortunately,because of some confusion with the plans,the Board's approval was limited to a 16' 6" x 21' 5" Family Room, which is really just an enlargement of an existing enclosed improvement of 10' x 15'. Mrs. Pollio also requested a small 7' x 12' contiguous extension of her Kitchen and a Covered Front Stoop Entrance 6' x 6' to the Family Room. Her proposal-is-for an integrated: 1. Family Room 16' 6" x 21' 5" 2. Covered Front Stoop Entrance 6' x 6' and 3. Attached Extension of the Kitchen 7' x 12' The Original Plans submitted in 2001 (2001 Plans), which were approved by the Building Department and upon which the permit of June 6, 2001 was originally granted, were for a much larger extension including the Family Room (now approved), the 7' x 12' Kitchen and a sizeable partially enclosed east side porch alongside the Family Room (which side porch is no longer planned). This permit expired, and the notice of disapproval was issued based on this plan. Our client, the architect and I assumed that the 2001 Plans were the basis of our appeal to the Zoning Board of Appeals and our request for approval by the Board and we would simply reduce the 2001 Plans after approval, rather than submitting new plans which may have confused matters. This was suggested in several letters as well. We believe this reliance on the 2001 Plans, by all of us (and, incidentally, the Building Department), was fair, reasonable and justified because: 1. our request for an extension of the prior Permit of June 6, 2001 was based entirely on the 2001 Plans. 2. During the pendancy of our appeal, the Building Department apparently misplaced the 2001 Plans and upon their request, we promptly supplied them with a full set of the 2001 Plans, which had the prior approval signatures of the Building Department on them, along with the Permit of June 6, 2001. 3. The Building Department's Notice of Disapproval of March 22, 2005, was based entirely on the 2001 Plans. Those Plans were the only Plans before them at the time of the Disapproval and of our Appeal to the ZBA. 4. Our Appeal to the ZBA, was an Appeal based entirely on the 2001 Plans. 5. the Statutory Notice to adjoining owners again related only to the 2001 Plans. Our client recently had an east side yard patio installed and therefore was reducing the 2001 Plans to exclude on the east side (alongside the Family Room) the proposed enclosed porch. During the pendancy of the ZBA Appeal, our architect inadvertently filed one iteration of the proposed new plans which only included the Family Room (16' 6" x 21' 5") as an enlargement of the 10' x 15' existing enclosed porch. This was an error and was not the basis of our Appeal. We believed that the 2001 Plans was the only subject of the Appeal and if approved could readily be reduced. Should you require further copies of the foregoing letters or documents, we would be pleased to supply them. We have attached for your review the footprint and floor plan of the Proposed New Plans (the Family Room 21'6" x 16'6", the Kitchen 7' x 12' and the Covered Front Entrance Stoop 6' x 6'), which as I noted, are a considerably reduced version of the 2001 Plans. (Attached Exhibit A) We would respectfully request that, under the circumstances, you kindly review and approve these Plans administratively and without the necessity of another Hearing; or simply, re-approve the 2001 Plans which were already approved in 2001, after which time we will resubmit the reduced version to the Building Department for their approval. Another Hearing would add considerably to our client's costs. We have also enclosed the footprint of the old 2001 Plans and you can readily see it is much larger than what we presently propose. If it is at all possible, I would like to discuss this with you and, needless to say, my client and I would be pleased to meet with you should you so desire. Thank you for your kind attention. Very truly yours, Patricia C. Moore PCM/mr Encls. 11/21/05 NON 16:50 FAX 516 248 2348 Redmond Polllo & CasoLLP g009 1T,—F E 15TG. MA50NRY 22'-I I' PATH AT GRADE S co .j I 1 ' 2-250 2-2 6' C 8'-1 O' 41 I o V ATHR M Y. 4,g- 0 26 WA5HER DRYER m X - N ih ——— 4- �'x6'6'l9IFOLp '2-29cLO' _ N lu J U U S N N in g ——-P _ __ PAL5E PjDa lY. � dIC KITCHEN PROPO D FAMILY ROOM o UU O 10 2-I-3/4"4-3/4'LVL IOL N_ Ec15T.CELLAR DOOR I I GA' 'I JAI y�Y•d1��� +'•,f�rtFyy ,,r: t r'.:.',,',;'•' ' irt" '...r:;r• ispT.1't' k (.�65,.vAh f�'�,•'1',a' t ,;5�� iY:.>rr",i';,y`i +JS r K J '.xi t Yy'Iv�'1 ary.'xo;•i�t i��i•. '' � :•i•`^w ,',.,,w,4?.+r1''`u »,M•f 'Cw.�+`.Ada/+'rL'/�++i4•,Ikt;S",i7•`^•:A,•:, ,•;' ��7 '+}, i,... �..};yLY'f>t y %zarr�i§'�kZC'•#�.�'>•42,�i^);::r;::?a�'2;,'it:"•. +'(M„ Co �-^(n 14 5� ^t11 ,r'•i^+,n''+i'ti',.. i 4 ' •"f k•i?R q:.t:=3+•.�.}yp.S+;SNri,.L j {.a•r�`b e �.ft"`ii; `t;;.W,f,»',"�•"+.V:as: FS.n�'�'-s'i'+::�Y:.p• .•;Ax r.' p•xir' ,t�,.•�;r:4,.,.:',,.yt,.e::,':�,?.'„fj,, .:',,.�, � �:;��i>1o4 aw•..;t'i••� )3<•�"��t,+t=iitaiyvyr' �'-• ��"�"r 4/70 VS • �'.':.:..�.'•'.,�t�'P�1,'f �Cl:�ri:'..::»'At'=:+(.'.tv�nit't i'!. " � � ���-'�j'_L `r't •�. < {``ri:"'!;?:.r!`t'?.: �...,�,(•+.at'a';,,,'9 YM'',�.•'• ,b .�:wi �;i' tat":�,N.,'.,, x. •� t • !ny nyy„h !fit;i•r,.5:r y ,,4iry. ,1:,+�.t�'+;,'• �•� �`6'F., IL •t<••.t°`;",y!. '� ,y ,',. . C, ,fir / "�;, o 4 ky r vu .tvJbg�S N � , tv ' •t:t � rs �, *.. 14, ..'n•�x �.f'1;,t.:Li'1s''r� " .K,. _ '1�?''j'S,�".,i,'�{,r.',^,?•1`c� yAPPEALS BOARD MEMBERS �*rjF SO�j�® Southold Town Hall Ruth D. Oliva, Chairwoman 1p 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer y Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. O y0 Town Annex/First Floor,North Fork Bank Michael A. Simon �I,YCOU 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 •Fax(631) 765-9064 November 4, 2005 By Regular Mail and Fax Transmission Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File 5753 —Anne Pollio and Kimogenor Point Company Dear Sir or Madam: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its October 27, 2005 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. When submitting other documents to the Building Department you may want to attach a supplemental copy of the enclosed determination. Thank you. Very truly yours, A Linda Kowalski Enclosure Copy of Decision 11/4/05 to: Building Department APPEALS BOARD MEMBERS �F Sf7UTyo Southold Town Hall Ruth D. Oliva, Chairwoman ,�O l0 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. ® y0 Town Annex/First Floor,North Fork Bank Michael A. Simon ol�C�(I 54375 Main Road(at Youngs Avenue) 5 Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 •Fax(631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 2005 ZBA No. 5753—Anne Pollio and Kimogenor Point Company, by Benedict J. Pollio, Attorney-In-Fact Property Location: 445 Kimogenor Point Road, New Suffolk CTM 117-10-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: Co-applicant, Kimogenor Point Company, is a cooperative and owner of premises, which includes Parcel 3, improved with the co-applicant, Anne Pollio's single-family dwelling owned and occupied under a proprietary and Perpetual Lease, and shown on the November 2, 2000 survey prepared by Joseph A. Ingegno, land surveyor. Adjacent are Parcels 1 and 2, also in the name of Kimogenor Point Company, improved and shown on the 6/16/82 survey, amended by Otto W. VanTuyl & Son, made for Kimogenor Point Company of the entire 7.2+- acres. BASIS OF APPLICATION: Building Department's March 22, 2005 Notice of Disapproval, citing Section 100-31 in its denial of an application for a building permit to construct a proposed addition o an existing single-family dwelling. The reason stated by the Building Inspector in the disapproval is that the construction is proposed on a lot that is improved with several single-family dwellings and other structures, citing Section 100-31A which reads: 'In the AC, R...Districts, no building or premises shall be used and no building or part of a building shall be erected or altered for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot.' FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 18, 2005 and October 20, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE RELIEF REQUESTED: The applicants wish to construct additions to a single-family, two-story dwelling, as shown on the plot plan prepared May 18, 2005 by Boulevard Planning East, P.C. The single-story addition is proposed to be a family room, 16.6' by 21.5 feet in size, located at the northeast corner of the dwelling, 22.6 feet from the closest (easterly) lot line. Page 2—October 27,2005 ` ZB Fittp, R-ef.5753—Anne Pollio; Kimoge 'oint Company CTM 117-10-1 T REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the structure proposed is not substantially altering the existing building on the same location. The use of the building is not being altered, and will remain as a single-family dwelling in the same location. The scale and character of the addition will keep the dwelling within the harmony of the properties surrounding the house and the adjacent neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the subject dwelling is located on a lot that is owned co- operatively with many other homeowners on the same lot. If the applicant were required to build an addition to conform to the strict regulation of the code for one dwelling on a lot, only one dwelling would be permitted, resulting in removal of dwellings off the property. Also, the addition does not change the single-family dwelling use of the applicant's building. 3. The variance granted herein is not substantial. The addition is for a family room, and not a proposal to create another dwelling or to substantially increase dwelling density. 4. The difficulty has not been self-created. This development has existed for many years before zoning, and it was the adoption of a zoning plan and regulations that created nonconformities to the property with the dwelling structures on it as a single lot. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the plot and elevation plans prepared May 18, 2005 by Boulevard Planning East, P.C. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolution was du dopted (4-0). Ruth D. Oliva, Chairwoman 11/4/05 Approved for Filing 1 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 --------------------------------------------X 5 T O W N O F S 0 U T H 0 L D 6 7 Z 0 N I N G B 0 A R D O F A P P E A L S 8 9 --------------------------------------------X Southold Town Hall 10 53095 Main Road Southold, New York 11 October 20, 2005 12 9 : 00 a.m. 13 Board Members Present 14 RUTH OLIVA, Chairwoman 15 VINCENT ORLANDO, Vice Chairman 16 GERARD P. GOEHRINGER, Board Member 17 JAMES DINIZIO, Board Member 18 MICHAEL SIMON, Board Member 19 LINDA KOWALSKI, Board Secretary 20 KIERAN CORCORAN, Assistant Town Attorney 21 22 23 ORIGINAL 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Town of 5ou:tho�Id ZBA O App.:Name O Tax Map (j.File~No> ��f EWr A Board Member James Dinizio Search: Hearin Time' 9:30�0 4M- 1 n,Other" Hearing Time: 5753` ,Tax,Map. ;App. Name: Pollio, Anne and Kimogenor Point Company I.Received Date:' ?/6/05Tot. Fees:- Ype i � 4 G Hamlet New Suffolk—TIl' Residential_ Zone: R-40 Date forwarded to.Town Clerks - 'Wdtin Dates Buildin De t ' Status: ` Closed CompleteAction ,Approved ' g" =9„ p g k Meetin Date ND Date 1 3/22/05 _ enor Point Road g -Location: 445 Kimo , --- "--- Addition r _" s ,.Hearin Date.1. 8 18/05 ND Date 2 ; Short, g � " �" p oposed to existing dwelling; Section 100- � i - 1 DesC.:'_ 31 nonconformity is that code limits number of Hearing Date 2 9/29/05° ND Date 3 Cop v:� ` dwellings to not more than one dwelling, although - g Hearing Date 3 /20/2005 i ND Date 4 ---- ; i D-r_eexi-stio-q-(Kiino-0.ep_o-r_P_oint—o-wn-er� „ I _ 4 Hearing Date'4 ND Date 5!```` I Ruth gave copy of 82 survey from her records for --- i�-----� .. e ZBA use 8/31/05. Rob Lehnert Arch 734-2011 tel; `Hearing Date 5 Np Date°6 (;Notes ; - i" fax 734-2276. I_ . I, Action Date: 10/27/05� 'ND Date 7 1�j9j0 3:5S PM CAFE NUM ,DevelopIbythe Southold Town Data Processing pepargnent 8 1 2 not be enclosed. So we' re here to ask you to change your mind about that. 3 CHAIRWOMAN OLIVA: Basically just squaring off the house? 4 MR. FITZGERALD: Yes, that that' s right. CHAIRWOMAN OLIVA: Because it' s just a 5 little corner you want to put the addition on? MR. FITZGERALD: Yes . 6 BOARD MEMBER DINIZIO: Actually, the footprint' s there already, you just want to 7 enclose it? There' s something there, you' re just going to enclose it? 8 MR. FITZGERALD: Yes . BOARD MEMBER DINIZIO: I have no problem. 9 CHAIRWOMAN OLIVA: Michael? BOARD MEMBER SIMON: The relevant part of 10 the footprint was created when the deck was built, simply using that area as a way of expanding the 11 house without going beyond footprint. MR. FITZGERALD: The portion of the deck, 12 yes . BOARD MEMBER SIMON: It looks like it 13 would be an attractive addition, actually. CHAIRWOMAN OLIVA: Vincent? 14 BOARD MEMBER ORLANDO: And the deck that' s seaward, the existing deck, that will stay open to 15 the sky? MR. FITZGERALD: Yes . 16 BOARD MEMBER ORLANDO: And I guess it' s a story and a half addition to match the existing 17 house? MR. FITZGERALD: The existing house is two 18 story, the ridge line will not change. So the roof on this one' s a slant. 19 CHAIRWOMAN OLIVA: Jerry? BOARD MEMBER GOEHRINGER: No questions . 20 CHAIRWOMAN OLIVA: Is there anyone in the audience that wishes to comment on this 21 application? If not, I' ll make a motion to close the hearing and reserve decision until later. 22 (See minutes for resolution. ) ------------------------------------------------- 23 CHAIRWOMAN OLIVA: Next application is for Pollio. Mrs. Moore? 24 MS. MOORE: I'm here with Mr. and Mrs . Pollio. The hearing started last I guess August 25 and I just happened to have been here listening to the entire exchange, so it was nice to actually be October 20, 2005 9 1 2 ahead of the game hearing the whole conversation from before. There were three issues I think that 3 were in the Board' s mind that we' re going to address . 4 The first issue is you had questions about ownership. I think that was addressed but I' ll 5 put it on the record, clarify, and I have Mr. and Mrs . Pollio here who are certainly more familiar 6 than I with respect to the ownership issues . The second issue was environmental issues 7 that were raised by the adjacent property owners and I think we can also establish that there are 8 no environmental issues that this property would impact, or the renovation of this house and the 9 relatively small addition would impact. The third issue is the lot coverage issue 10 and the Kimogenor Point development; we are going to point out some facts that are already or should 11 be known to this Board from prior applications, and we're going to ratify that information in this 12 application as well . What I did was I have it as a memo for the 13 file for you to follow, to use as part of the record. So, with your permission, I' ll just 14 present it at this point . BOARD SECY. KOWALSKI : I was wondering if 15 I could give a copy to Mr. and Mrs . Fenton? MS. MOORE: I don' t have another copy. 16 BOARD SECY. KOWALSKI : You could give them mine. 17 MS. MOORE: That would be fine, thank you, Linda. 18 With respect to the ownership issue, as you know Kimogenor Point is a cooperative and 19 Kimogenor Point is the owner of the land. The original development contained three parcels . One 20 parcel has the Archer house, from a prior application you' re familiar with the Archer house. 21 I happened to have been the attorney on that so I too, am familiar with it . The Archer house has 22 L-he clubhouse on it. Then there' s Parcel 2 with five dwellings, and Parcel 3 , which has the Pollio 23 house and another cottage up by the road, and a garage for all the dwellings. The Town at one 24 point or the other combined Parcels 2 and 3 , so we are dealing with two separate tax map numbers . 25 One of the issues Mr. Fenton raised was the notice, but we followed the notice specifically as October 20, 2005 • 10 1 2 it set forth in the code, plus the fact that the 30 day statute of limitations has run. But 3 nonetheless, the statute was followed. In this instance Mr. Pollio' s parcel is an adjacent 4 property owner to Fenton, and he was notified accordingly. 5 The Pollio has a proprietary and perpetual lease. Specifically, Mrs. Pollio who is the title 6 owner of the property, owns the building and improvements under the lease, and she owns the 7 capital stock of the corporation, which owns the land. So there is a split between the structures 8 and the stock ownership of the underlying land; that' s the way the cooperative runs . 9 In this application as well as I believe certainly applications I've been involved in with 10 the past and all through time, the Zoning Board has been careful to get both the consent of 11 Kimogenor Point as the cooperative as well as the individual property owners seeking to make 12 modifications to the structure. CHAIRWOMAN OLIVA: True. 13 MS. MOORE: So that was all accomplished; it' s all in your file, so there' s no issue with 14 respect to ownership. We deal with the environmental issues 15 next . In this instance, the Pollio case, which is the relevant one before this Board, there is a 16 conforming septic system that was installed in 2004 . One of the allegations raised by Mr. Fenton 17 is that there is detergents seeping into the bay. That is not true. The sanitary issues are issues 18 that are addressed by the Health Department . To the extent that these cottages, in this instance 19 Mr. Pollio has a full house . It was built as a year-round, insulated, air conditioning even at 20 the time was quite a feat in the '40s, I think, when this house was built . It is 12 feet higher 21 in elevation than the rest of Kimogenor Point . So the issues that we' re dealing with today really 22 are related to Pollio, but with respect to the sanitary system, the Pollio sanitary systems are 23 conforming. There are no environmental issues that relate to that . As to the rest of the 24 Kimogenor Point, it really is in the Town' s best interest to see that these houses are renovated 25 and are improved, because at each stage of the game as these houses are improved, the sanitary October 20, 2005 1 2 issues are addressed and to the extent that any pre-existing structures are renovated, and the 3 Board sees this all the time with all kinds of renovations that are presently -- I guess the time 4 is now when homes are being renovated, that the sanitary and fire separation, all the safety 5 issues that are in the code today are being applied to the renovation. So as a matter of 6 policy, we should encourage the rehabilitation of these structures, the rest of Kimogenor Point . 7 As to Pollios, they have a conforming structure. They have a conforming sanitary. And 8 the issue with respect to the environmental impact of the sanitary is irrelevant here because of the 9 conforming system. As I said before, the property is elevated 10 10 to 12 feet above the rest of the Kimogenor Point . In fact, this house is outside the flood 11 zone, as was confirmed with these major floods that we had with the rain storms that we had a 12 week ago, the Pollio house had no water in their basement -- I wish I could say the same for 13 mine -- but certainly it was tested this past couple of weeks. So their property is probably as 14 stable and as sturdy as they come. It' s equivalent to any house, major year-round house in 15 the town of Southold. As far as the history of the cottages, 16 they were built between 1903 and 1905 and 40 years later the Pollio house was built . So this house 17 was built with more current standards, and like all homes after a certain period of time, they do 18 need to be renovated, they do need to be improved, and the family' s circumstances change. Everything 19 needs a little sprucing up, and if we all could get plastic surgery and nip and tuck for our, you 20 know we'd do it too -- not me -- with a house you bring it up to code. 21 Again, this house is above the flood zone. It has heat, it has a basement and in some 22 portions it has a crawl space, but for the most part it does have a basement . It is fully 23 insulated. It has air conditioning, and that' s how it was originally constructed. 24 This house with respect to the open space and the allocation of space of the land to the 25 parcel, this particular house was built with the most open space around it . I called it it' s October 20, 2005 12 1 2 typical of the manor house in that it' s the most imposing, largest, unlike the cottages, it was 3 built later and it was a substantial structure existing today. 4 Kimogenor Point does have public water, so again, environmental issues with respect to water 5 quality are not relevant here. The homes are connected 'to the public water. There is no issue 6 with respect to drainage of dry wells -- excuse ine, water runoff, there are dry wells; and, in 7 fact, generally that's a condition of any of the permits that are ever issued near the water. This 8 property has gotten COs all throughout its lifetime. There have been renovations and small 9 additions and alterations and every, single step of the way the Pollio family and their 10 predecessors did what they had to do. They got a building permit and they got a C of O, and I 11 believe in your file there' s a regular list of C of O' s that have been issued. In fact, this 12 renovation got a certificate of occupancy prior to this Board changing their policy with respect to 13 structures like these. So they actually had a CO in hand. The family circumstance changed a bit, 14 they decided not to build the plan that they had originally, and so they went in and went in for an 1S updated CO. And at that time they were brought into this Board under today' s interpretation. 16 BOARD MEMBER ORLANDO: You mean building permit? 17 MS . MOORE: I'm sorry, building permit not a CO, I stand corrected. They've had CO' s for all 18 the other renovations. Again, the building permit was for a 19 second floor addition and first floor renovation, and that is exactly what they're asking to do now. 20 The plan will change slightly, but we will deal with the specifics with the Building Department . 21 Our concern is making sure we have the authority to do it today. Pardon me, it' s a first floor 0<0 22 addition. There is no alteration to the second floor. The architect' s here and if I have 23 confused you on exactly what is being done, he' s here to clarify. 24 Finally, lot coverage. The lot coverage issue was addressed on the Archer application. We 25 are so under lot coverage requirements that the Building Department didn't even think twice about October 20, 2005 13 1 2 it . The existing surveys that they had and aerials clearly show that we are well under the 20 3 percent lot coverage. If we take the two properties that are in Kimogenor Point ownership 4 with the cottages, with house, we' re at seven percent -- excuse me, 9 .5 percent . If we take the 5 Pollio property as a stand alone parcel, we' re at 14 percent . That again, is so well under the 20 6 percent that it wasn't an issue. It wasn' t an issue -- 7 BOARD MEMBER ORLANDO: I don' t know how you can make them a stand alone because it' s one 8 big piece. That' s part of our reservations internally, side yards, that' s our reservations on 9 the next person with the side yards. Your client actually has the one of the few side yards . 10 MS. MOORE: We are the only one that has a side yard because all the rest are internal . But 11 that' s something that the Building Department, because there are no side yards other than the 12 parcels that are closest to the property line . If, in fact, there was an issue -- and in fact on 13 the Pollio case we did do a survey of their house of the side yard setbacks in order to prove to the 14 Building Department and prove it was your title survey as well, to make sure there wasn' t an issue 15 with respect to side yards. BOARD MEMBER SIMON: How can you have side 16 yard setbacks if you don' t have a boundary? MS . MOORE: Side yard with respect to 17 Fenton, that' s the only side yard that' s applicable. With respect to the internal 18 development, I thought your issue was lot J coverage. 19 BOARD MEMBER ORLANDO: As a whole, that' s what Mr. Goehringer -- 20 MS. MOORE : Right, Mr. Goehringer. It' s not before this Board. It wasn' t an issue to the 21 Building Department . Again, we are so under the lot coverage limitation that it really isn' t an 22 issue. In law school we call them red herrings, it' s an issue that' s not an issue . It distracts 23 the Board. It' s not relevant here. BOARD MEMBER GOEHRINGER: Miss Moore, just 24 a minute. It was an issue that was brought up by a contiguous property owner, and that was the 25 reason it was brought. Not only that, you have clearly stated to us that you did represent the October 20, 2005 14 1 2 Archer house, you are now representing these very nice people as well as the Archers were. And now 3 we are going through a building stage, as you can see when you go down there, and Mr. Fenton and I 4 were just discussing that outside. There' s a house elevated 18 feet in the air at this 5 particular time. The place is going through a renaissance. So you are absolutely correct in 6 saying that it would be better if it would go through a renaissance because of the updating of 7 the sanitary systems, et cetera. But you have to have a building block somewhere . . We' re starting 8 that process . These homes built in 1900, 1902, 1906, et cetera, have now been continually 9 updated, and they will continue to be updated. The first one we had was at the time you 10 worked for Rudy Brewer, if I'm not, mistaken, and that was the first house as you come into 11 Kimogenor Point, correct, where Jackson Street makes the bend. So from that particular point on, 12 we now have a building situation. So the issue from a contiguous property owner is not really an 13 unreasonable issue . I realize it was not an issue brought to bear by the Building Department -- 14 MS. MOORE : And I think they were trying to answer that . The aerial photographs and the 15 surveys from Van Tuyl from the original development answered that to a great extent . You 16 have to understand that when Kimogenor Point as a corporation authorizes these cottages to be 17 developed, they keep in mind many of the same issues that this Board would look at, which is 18 scale, am I as owner as of cottage one, how am I impacting cottage 2; what is the fairness issue 19 with respect to everybody' s redevelopment of their cottage, you' re not going to get a 20 disproportionate share of the Kimogenor Point land, everything is controlled that way. 21 BOARD MEMBER SIMON: To use your term, red herring, I think the voluntary establishment of 22 guidelines by the original corporation for the units within it is a red herring with respect to 23 the legal issues that are involved at this hearing. 24 MS . MOORE: At this hearing we' re dealing with Pollio. There is not side yard setback. 25 We' re taking a structure that already has a Footprint. We're expanding the footprint by October 20, 2005 15 1 2 square feet . So again, remember that a survey for the entire Kimogenor Point property is not an 3 insignificant process. So to the extent that it has not become a numbers crunching issue, you' re 4 very close to 20 percent, you're now asking to build a house that is disproportionate to a land 5 area that your house presently occupies, we' re going off on a tangent that I'm trying to focus 6 back. BOARD MEMBER SIMON: That' s what I' m 7 suggesting, that that is a tangent to talk about what the original corporation did with regard to 8 the arrangement of the houses within their overall internal plan. Let' s go back. 9 MS . MOORE: So in any case you have the Archer application that had a lot coverage review 10 in a sense. Tom Samuels look an aerial, took the surveys that he had from historical data and 11 determined what the lot coverage was. This Board looked at it, thought, okay, reasonable, there' s 12 very little doubt, even if he' s off by point something, we' re close enough; we're not anywhere 13 near the lot coverage issue . In this instance we are doing the same thing. You have in your file 14 the Tom Samuels determination and Mr. Lenhert did his own review, came to very similar conclusions. 15 So that issue, I'm trying to pin down and hope that I've addressed it adequately for this 16 Board so we can move on to the application and the request that' s before this Board. 17 At this point, I am going to sit down and see what Mr. Fenton has to say, I'm sure he' ll 18 have plenty to say. Is there a question for either the architect or the Pollio family? 19 BOARD MEMBER DINIZIO: I have a question for you, if it' s okay. 20 MS. MOORE: Okay. BOARD MEMBER DINIZIO: I don' t think you 21 even addressed the issue that Mr. Fenton brought up, which is the fact that you have one lot with a 22 number of septic systems on it that can be expanded to a point that really no other lot in 23 town would be allowed to be expanded to. We' re talking about the domino effect of each house 24 being upgraded. Now, I saw the pictures that Mr. Fenton showed us, and quite honestly, a brand 25 new septic system or a 100 year old septic system is going to do the exact same thing when it' s October 20, 2005 16 1 2 under that kind of water. MS. MOORE: With all due respect, those 3 are issues that the Health Department addresses daily. So as far as this Board being concerned 4 with the sanitary systems, I would respectfully say, that that' s what they are there for. 5 BOARD MEMBER DINIZIO: I agree. It' s not the sanitary system that I'm upset about, it' s the 6 increase in the amount of people that can be put on that piece of property by adding here or doing 7 something there. MS . MOORE: I would disagree with you. 8 The Pollio house that' s the application that' s before you. 9 BOARD MEMBER DINIZIO: Which is one lot . MS. MOORE: You have 13 , 14 however number 10 of acres here. Pretend it' s a condominium. We all understand condominiums better than we 11 understand co-ops. A condominium has to follow design standards for their sanitary. The number 12 of sanitary systems in an area, you' re probably at half acre zoning, maybe a little more than half 13 acre zoning if we were to do an allocation of square footage per lot area per overall land. So 14 it is actually in conformity with the rest of that area which is pretty much the same way. 15 BOARD MEMBER SIMON: Some of us do understand both co-ops and condominiums and the 16 differences are important because the condominiums area separate property units owned by the 17 occupant; this is a portion of one single property; and that is very different from the 18 condominiums . And it' s relatively different because what you do to one property is essentially 19 doing something to the entire property because it is legally indivisible. 20 MS. MOORE: I'm answering the question of sanitary. With respect to the sanitary systems 21 for the individual units, what I'm trying to point out is in this instance, the Pollio case, you have 22 a conforming system. So as to the Pollio application, we have conforming system that is not 23 creating any problems for the Fenton property or to the environment as a whole other than standard 24 sanitary issues that you and I existing in this community create, just normal, average, 25 environmental issues. With respect to the other cottages, they over time, whether they actually October 20, 2005 17 1 2 had upgraded sanitary because it' s feasible that cottages that were built in the early 1900s may 3 have new sanitary systems by now. If they did, anybody who is putting in a sanitary would have a 4 more conforming system, and as these systems are put in, if the DEC, the Trustees, they get into 5 the picture and the sanitary systems, particularly now with public water, as the cottages are 6 renovated, their sanitary systems, most likely, will be placed away from the water. So again, 7 these environmental issues will be addressed through time and really through the permit process 8 of renovation, because you and I both know if your sanitary system fails you can certainly go in and 9 put it back in. But when you're doing a renovation, there are multiple agencies reviewing 10 your placement of that sanitary. So you can' t change what is already an existing situation. So 11 if there is pollution there, it was there in the early 1900s and it will continue until these 12 cottages are renovated and the situation is improved. I would say that Mr. Fenton, since he 13 raised all these issues, he has serious problems of his own. 14 BOARD MEMBER DINIZIO: He' s not part of this application. 15 MS. MOORE: I understand that, but you can' t target Kimogenor Point and disregard 16 everyone else. BOARD MEMBER DINIZIO: I'm not targeting 17 Kimogenor Point . I'm looking at Kimogenor Point as one lot, and I'm sitting here month after month 18 turning down people for decks and front porches for far less egregious reasons than this . And I'm 19 wondering now what the cumulative effect of this is going to be . We do this all the time . We had 20 how many applications before you come before us because a guy wants a five by five deck covered so 21 he can make it livable space, and he' s got to come before us. Now we' re talking about how many 22 ]louses on 14 acres . MS. MOORE : I can' t presume what each of 23 these cottages is going to be -- BOARD MEMBER DINIZIO: I agree with you, 24 we can' t either. MS. MOORE: I can only deal with Pollio' s 25 application, and one application at a time. Archer, for example, did an application that you October 20, 2005 18 1 2 felt was reasonable and did not create environmental issues of great concern. Pollio has 3 a better situation, a better example of compliance. I'm trying to point out that what 4 he' s asking for, he' s not -- it' s not an unreasonable request. It' s not asking you to do 5 something that is really egregious . CHAIRWOMAN OLIVA: Jim, in all due 6 respect, I understand your concern. I think this is something that should be brought to the 7 association as a whole and should have meetings with the Health Department to sort out what they 8 c.an do because a lot of these other cottages are very close to one another, and I'm sure that to 9 upgrade their own septic systems they may have to come up with a whole different system. 10 BOARD MEMBER DINIZIO: I'm not concerned about that, Ruth, I'm concerned increase in 11 contents of Walz . I'm concerned with increasing nonconformity. Now, if they're nonconforming, 12 which they are, by many 'houses on one lot -- MS. MOORE : - In the courts I would disagree 13 with you. BOARD MEMBER DINIZIO: I would love to see 14 you do it . CHAIRWOMAN OLIVA: They' re three lots . 15 BOARD MEMBER DINIZIO: Honestly, it is part and parcel of how this Town looks at lots . 16 And if you' re increasing a nonconformity in any way, you need a variance . Now these people have 17 relief . MS. MOORE: Let me point out that as of 18 two years ago he had a building permit for this addition and there was no nonconformity. You have 19 actually had some cases where a second cottage on a structure, I think it' s the Dawson case to be 20 precise, the court said that you tried to shut it down because it was really a nuisance of the 21 neighborhood more than anything else. They said you have a C of 0 for this structure; it' s not a 22 nonconforming use. BOARD MEMBER DINIZIO: I'm not talking 23 about a nonconforming use, I'm talking about the structures. 24 MS. MOORE: But the structure has no setback issues that are nonconforming. I 25 understand your rationale where you have a nonconforming structure and now you' re expanding a October 20, 2005 19 1 2 nonconforming structure because of setbacks . We have no lot coverage. Your determination of 3 nonconformity is the use here. And I don' t want to go there because we've said, okay, fine, why 4 should we argue that point because that can be a very complicated point and discussion for this 5 Board, fine we won' t argue the point of whether or not it' s nonconforming a use or not requiring us 6 to be here . We' ll take the position to say we won't argue that point, we reserve that argument . 7 To say we are not nonconforming and that the interpretation is not accurate but we' ll reserve 8 it for another day. I don' t believe -- this application is really relatively straightforward, 9 simple . It' s building up without asking for very much. As I said, we have a conforming sanitary 10 and we have COs for absolutely everything that is existing today. 11 BOARD MEMBER DINIZIO: I'm grappling with this because what you just said, it can't be if 12 you read thfa notice of disapproval. MS . MOORE: But they' re following a notice 13 of disapproval based on Walz. BOARD MEMBER DINIZIO: Which this Board 14 every month -- MS. MOORE: But whether or not Walz was 15 right or wrong I won' t go into. And I know that Board members agree or disagree with the 16 interpretation of Walz. BOARD SECY. KOWALSKI : It' s not based on 17 Walz. BOARD MEMBER DINIZIO: But this isn' t based 18 on Walz . It' s based on 100-31 (a) , not Walz, which is a use . In other words, you can' t expand, 19 erect, alter, arrange, intend, design, use, all of that stuff, one family dwelling if you exceed more 20 than one house on a lot . It' s a use. MS. MOORE: I understand what the Building 21 Department -- I think the Building Department got there because of interpretations that came through 22 the Zoning Board. Because otherwise you wouldn' t have been able to get the building permit two 23 years ago. So we're kind of -- it' s a circular argument . 24 BOARD MEMBER SIMON: It' s not circular. Whatever the Building Department did two years ago 25 is not totally determinative with what we decide today with regard to what is going on. I would October 20, 2005 20 1 2 ask you, given that this is one lot with a lot of dwellings on it, could it be treated as if it were 3 one house, one lot, one building with one single owner? With all of those buildings because from 4 the law of co-ops that' s the way it works. And it would be as though Mr. Pollio owned all the houses 5 in that particular lot and not just his particular segment, and was asking to do what it is he wanted 6 to do with one of the buildings on that lot . So I think that' s the question that has to be addressed 7 rather than trying to segment off his particular 'portion of that multi-house lot. 8 MS. MOORE: No, I disagree with you. Because let' s assume that we take that as one 9 owner, and Mr. Pollio comes in and owns a large 30 acre parcel that has multiple structures on it, 10 and he' s coming in to make an alteration on one structure, you're telling me that without 11 upgrading every other structure on that property, you can' t get that permit? 12 BOARD MEMBER SIMON: I'm not saying anything like that . What I'm saying the 13 consequences, the effects of the alteration of one structure can only be judged in consideration of 14 all of the others; and there you have to take into account the incremental effect of the entire lot 15 because when one changes, the whole lot changes . MS. MOORE: You have a house here with the 16 number of bedrooms that it has, the living house that it has; I believe, Mr. Lenhert, can you 17 address to the Board what portion of this renovation -- 18 BOARD MEMBER SIMON: I don' t think that' s relevant . 19 MS. MOORE: But you have an existing situation with an existing family that occupies 20 the space whether it' s this way or altered, so the impact on the overall property is -- 21 BOARD MEMBER SIMON: How much of an increase is there over the whole lot when one 22 house is expanded? MS. MOORE: I think you have a square 23 footage request . CHAIRWOMAN OLIVA: Michael, Jim, can we 24 see if there is anyone else that would like to comment on this application? Mr. Pollio, did you 25 want to say something? MR. POLLIO: Yes, I do. Good morning, October 20, 2005 21 1 2 everybody. I understand your concerns. I'm Ben Pollio, by the way, my wife Nancy owns the 3 house. We have been there since 1982 it' s a little touch of paradise for us and our kids, many 4 of them have grown there . It is part of a development, you' re right, and you're partially 5 right when you say we should Consider the whole thing, but remember a co-op lease is also a 6 perpetual lease and a proprietary lease and they call it a proprietary lease because it means 7 ownership. As a matter of fact, the way the leases are drawn, each owner owns the individual 8 house . And that is sort of a dichotomy. The house is owned by the owner but the property is 9 owned by the co-op. We are concerned. I've heard you have raised many, many, many issues. We have 10 discussed it at Kimogenor Point also. Yes, we are concerned about plot use . I think Pat just told 11 you that there is a nine percent overall plot use. We' re talking about a 20 percent plot use, so 12 we' re well within that margin of 20 percent . You talked about the sanitary system. You 13 know I'm awed by this sanitary system. I guess I'm unfamiliar with all the sanitary systems . But 14 when it went in, I call it two rooms and a bath, they're so huge. We went down almost 14 feet, and 15 we didn' t hit water. We're 12 or 14 feet over all of the other houses in Kimogenor Point . So your 16 comments about the water, you said you saw the pictures, well, that' s fine but none of those 17 pictures included our house because we' re right up an a hill right alongside of the fence. We have a 18 basement, we have had 59 years of no water in the basement . We have crawl space that' s four feet 19 high. So I think the two major issues, one 20 environmental and the other of plot size, really have been responded to. I'm not suggesting that 21 we shouldn' t look at all the other sanitary systems, and we' re doing that, each house at a 22 time. Pat said it very appropriately, each time they come here they have got to comply with the 23 requirements of the Board of Health, the Health Department . You can' t ask me to have 12 or 14 24 houses to comply for sanitary systems . It' s not my business . Plus, these houses have become very 25 expensive now. They' re on the water. It' s a touch of paradise. And I think all we' re asking October 20, 2005 22 1 2 for is something relatively simple. It' s an extension of the first floor because we want a 3 family room. So that' s our request. Nancy and I feel that it' s somewhat unfair -- I'm a little 4 nervous now because you have raised so many issues and it' s so personal, and the issues that Mr. 5 Fenton raised are somewhat personal and that' s a difficult thing for us, and that' s the reason we 6 asked Pat to represent us here. But I think, look, when we came in in 182, we asked for a CO 7 and we got one. There was probably one in 146 . In ' 84 we got one for a deck. I think in 187 we 8 got one for a second floor renovation. Each time we did something we got a CO. This house is 40 9 years younger than all the other houses on Kimogenor Point. There' s a difference, there' s a 10 major difference. Nancy, would you like to say something? 11 MRS. POLLIO: We do love it and it is originally a screened-in porch that we want to 12 make somewhat larger and close it in so that we have a TV room for our grandchildren. And they're 13 not always there together. We hopefully someday to retire there because we do love it very much. 14 And as Ben said, it' s our little piece of paradise. And we do respect our neighbor' s 15 privacy. We' re quiet people, we' re not rowdy or anything. And we' re just hoping that we could 16 make our living space a little more unique, and as I said, a TV room for our grandchildren, which 17 would be right off the kitchen so we can keep an eye on everything. And that' s what it boils down 18 to. There was a bathroom there and we're just going to update the bathroom and that' s it . 19 CHAIRWOMAN OLIVA: Thank you. BOARD MEMBER ORLANDO: Mr. Pollio, said 20 you purchased that house in 1982? MR. POLLIO: ' 82 . And that' s really all 21 it is, it' s an extension between partially enclosed and partially screened-in porch. And it 22 is an extension of the kitchen as Nancy said, we do have grandchildren, we don' t have a family 23 room. And it gets a little hectic, particularly when I want to watch the 6 : 00 news with a lot of 24 grandchildren running around. In fact, the last time out there was a thumping noise on the floor 25 and I turned around and I saw little Brendan McGaily, one of my grandchildren, and he' s only October 20, 2005 23 1 2 five you would think he was 200 pounds, he' s about this big, but he walks somewhat heavily, so people 3 cannot use our living room -- adults cannot use our living room without running interference with 4 the young kids. So we wanted this separate room. But you know, so just to go back. I read 5 the minutes of the last meeting, I was a little surprised by some of the comments by our neighbor, 6 but there were three issues raised, and I think Pat covered those issues. The ownership, I think 7 she addressed that . The coverage issue, we' re talking about it' s 20 percent and Pat just told 8 you it' s nine percent . As far as sanitary, I can' t deal with the sanitary systems of everyone 9 else. When Bill Archer came in here, he put his own sanitary system; it' s a brand new system. I 10 put mine in, but I'm up on the hill. I never get flooded. I'm out of the hazard zone. I'm not in 11 the picture that you mentioned. So it' s very, very different and I ask you to consider that . 12 CHAIRWOMAN OLIVA: Is there anyone else that wishes to speak on this application? 13 Mr. Fenton? MR. FENTON: I'm the neighbor, Joseph 14 Fenton. You were kind enough last time to give me more time than I was entitled to, so I don' t want 15 to take up much time now. I just want to point out a couple things . Mrs. Moore' s letter says 16 that I had raised an issue of coverage, I didn' t . T think someone on the Board did. And I think it 17 was appropriate because it is one lot or one company that owns the property, and I felt that it 18 should be looked at in its entirety rather than allowing you to get picked apart one at a time, 19 which is what has been happening and is likely to continue to be happening. And there should be an 20 overall plan, an overall view of this . CHAIRWOMAN OLIVA: Mr. Fenton, I want to 21 interject that what we've done is when Mr. Pollio or Mr. Archer come in for an application for 22 Kimogenor Point, it must be a co-application with the whole board of the association. So therefore, 23 one cannot start something without everybody else knowing what they are doing. 24 MR. FENTON: I understand that . The other point I would like to make is this submission is 25 not a survey, and you certainly can accept it for whatever it is . I think the concept that I had October 20, 2005 24 1 2 because I-'m a bay person and that' s why I raise the issue, and I think there seems to be some 3 acceptance of that concept by members of this Board, is what I would like you people to 4 concentrate on, that this is one co-op, it' s not a condominium, it' s not owned by the individuals; 5 it' s owned by Kimogenor Point Company. And the attempt to portray it as each person' s house is 6 misleading. CHAIRWOMAN OLIVA: Thank you, Mr. Fenton. 7 Mr. Pollio? MR. POLLIO: It' s not misleading, I resent 8 that. It' s a co-op, we've always said it' s a co-op. You know what a co-op is, it' s an accident 9 of procedure that it' s a co-op. I wasn' t there in 1905 when they organized it . It' s probably the 10 first co-op in New York state. I don' t think they opted under the co-op laws, in other words you can 11 elect to be governed by the co-op board. It' s just a procedural accident. It' s a matter of form 12 not substance. We could easily reincorporate and do it under a condo status; we could divide the 13 lines as you have said. I think you do have to treat it as a whole and as separate properties . 14 To the extent of dealing as a whole, sure you have to apply that 20 percent rule, and you did. And I 15 think, as I said, Pat responded to that . with respect to sanitary systems, those are things that 16 are concentrated and under the jurisdiction of the Board of Health, you know that, we all know 17 that. The Board of Health has to approve, they have their rules. Archer, I understand, is 18 putting in four cesspool runoffs . I only had to put two in because I'm up so high. I 'm at the 19 same height as Mr. Fenton just about . So there' s no issue with respect to my runoff . And I think 20 the pictures that are shown I think misrepresent because they're 10 or 12 feet below where our 21 house is . Our house is 40 years younger, as I said, so those three issues I believe have been 22 addressed. The fact that it' s a co-op, if that' s your objection, we could easily change it to 23 condo. We could divide lot lines, there' s no question about it . You should be looking at both, 24 the whole and the parts. And just one more thing, our architect is here, Rob, what was the 25 percentage on the whole lot? MR. LENHERT: 9 .5 . October 20, 2005 25 1 2 MR. POLLIO: He did a computer study of an aerial survey and that' s the percentage, 9 . 5 3 you' re looking for 20 . Where do we go on that issue? Where do we go on the Board of Health 4 issue? I have two rooms and a bath downstairs as I say, they're huge . I could never imagine the 5 family using all that space up. That' s what I have it' s a conforming. 6 BOARD MEMBER ORLANDO: Mr. Pollio, how do you distinguish internal property lines? Like 7 you' re planting your mums in the fall, how far do you go toward your neighbor? 8 MR. POLLIO: There's a natural boundary line that everybody' s aware of and everybody 9 respects. When we did the leases over I took a pass at discussing a separate line, it got very 10 complicated. We all respect the natural lines . Everybody knows where their line is and everybody 11 discusses. It' s a wonderful, wonderful environment. It' s fantastic. So some of those 12 things, the complexity of lines are at issue. But when you have two houses that are 60 or 80 feet 13 apart, and it' s open, there' s all grass, there' s no trespassing. That' s another thing, we don' t 14 have fencing, we don' t have bushes, we have no line separation. The parties that own those 15 houses relate to one another very closely, and there' s no impingement . We don' t walk on each 16 other' s property anymore . We used to 30 years ago, we don' t do it anymore. The leases say that 17 the property consists of the adjoining property that is consistent with the house . So the leases 18 don' t have an actual line. BOARD MEMBER ORLANDO: So you have 19 invisible lines that everybody respects. MR. POLLIO: Invisible but discernable, 20 they may be invisible but they're the half way mark. And that, by the way, was used by the Board 21 of Health when they put the cesspools in. Our cesspool went in on the other side. It' s away 22 from the property line from my adjoining neighbor. We' re very different . We have five or six COs . 23 we are not a grandfathered nonconforming use . We are very much a conforming use. That' s what' s so 24 perplexing to Nancy and I because each time we do something, even decks, we come in and ask for it . 25 CHAIRWOMAN OLIVA: Mrs. Fenton, you wanted to add something? October 20, 2005 26 1 2 MRS. FENTON: I have never spoken before . Having lived next door to the Pollios, and we are 3 not on the same level, the Pollios are beneath us. And I just wanted you because I don' t know whether 4 you have come and looked at property, but we are above the Pollios; they are beneath us. Our hedge 5 is planted along the line. It' s been there for a .long time and the hedge is quite low when you come 6 to the Pollios' area. So he' s not on the same level . That' s a correction. 7 MR. POLLIO: That' s correct . It' s about a foot and a half or two feet, but we' re still two 8 feet over. MR. FENTON: Four and a half feet . 9 MR. POLLIO: It' s hard to say because it slopes. You'd have to have a topographical map. 10 we slope up to their property. CHAIRWOMAN OLIVA: It' s close. I would 11 like to make a motion to close the hearing and reserve decision until later. 12 (See minutes for resolution. ) ------------------------------------------------- 13 CHAIRWOMAN OLIVA: Next hearing is or Mr. aul Maloney down on Goose Creek Lane . Is 14 Mr. M lone here? BOARD SECY. KOWALSKI_ Mr. Her is the 15 builder, Mr. Herd did submit the map The Board had asked im to make it eithe ei t feet or 10 16 feet . The ld plan was proposing a 20 foot setback. He now proposing 31 nd 27 . 17 BOARD EMBER GOEHRING That' s wonderful . 18 CHAIRWOM OLIVA: That's good. We did ask him to move it back. I make a motion to close 19 the hearing and res v decision until later. (See minutes or resolution. ) 20 ------------------- -- -------------------------- CHAIRWO OLIVA- Next one is 21 Mr. DeMaggio for a single ide yard setback on Smith Road in P conic. 22 MR. D GGIO: We ha e a very small house on Smith Roa on a fair sized ot . The house 23 unfortunate y is very close to he property line on the le side, only about thr feet . The 24 house ha been there for, I think, about 75 years, I 'm not quite sure. But what we wa to do is 25 conver a very aged screened-in porch o more of a sort o family room/dining room because that' s the October 20, 2005 148 1 2 3 4 5 C E R T I F I C A T I O N 6 7 I, Florence V. Wiles, Notary Public for the 8 State of New York, do hereby certify: 9 THAT the within transcript is a true record of 10 the testimony given. 11 I further certify that I am not related by 12 blood or marriage, to any of the parties to this 13 action; and 14 THAT I am in no way interested in the outcome 15 of this matter. 16 IN WITNESS WHEREOF, I have hereunto set my 17 hand this 20th day of October, 2005 . 18 19 20 21 4` GG�/G Florence V. Wiles 22 23 24 25 October 20, 2005 15 1 2 DRAFT as of'029/r110LLIO " 4 Ref: ZBA 8/18/05 UBLIC HEARING 3 CHAIRWOMAN OLIVA: The next hearing is for 4 Pollio. 5 MR. LEHNERT: I have the next one also. p,11G 3 U 2��5 CHAIRWOMAN OLIVA: Just wants to put an 1 AP addition on the house for a new family room?gOA�Q g0NIN 8 MR. LEHNERT: Yes. �1I1w 9 BOARD MEMBER ORLANDO: Just state your 10 name for the record. 11 MR. LEHNERT: Rob Lehnert, L-E-H-N-E-R-T. 12 Just an addition on the house, the reason we're 13 here is it's Komoginor Point. It meets all the 14 setbacks, it meets all the requirements. 15 CHAIRWOMAN OLIVA: It's one lot? 16 MR. LEHNERT: One house, you guys went ,-17 through it with Archers a couple months ago. 18 BOARD MEMBER GOEHRINGER: I'm going to say 19 this again, there's some way we have to identify 20 the houses on these properties. These are 21 impossible to find. I woke more people up on 1 22 Sunday morning looking for this property. There's 23 no way to find it, the addresses have no 24 significance. 25 BOARD MEMBER ORLANDO: I went there August 18, 2005 16 1 2 and there was no posting. 3 MR. LEHNERT: I moved the sign every day 4 because you can't post it on the property because 5 _ the neighbor wouldn't see it. 6 BOARD MEMBER ORLANDO: There's no numbers 7 on that road. Don't go to the right of the 8 circle, you went to the left but don't look at 9 that. It almost looks abandoned. 10 MR. LEHNERT: It's not the abandoned one, 11 it's to the left. 12 CHAIRWOMAN OLIVA: I went down by the 13 circle and the way to the east there. I said 14 that's got to be it. 15 BOARD MEMBER ORLANDO: So then I'll make a 16 suggestion for Linda when one of these comes up 17 again, post one at the end and then one at the 18 house. 19 BOARD MEMBER GOEHRINGER: I don't care. 20 BOARD SECY. KOWALSKI: The only thing is, 21 I didn't go out to the properties, I would have no 22 way of knowing unless a Board member told me. 23 CHAIRWOMAN OLIVA: It says Jackson 24 Avenue. You think it might be one of those 25 bigger, but I know it isn't. It had to be inside. August 18, 2005 17 1 2 BOARD MEMBER GOEHRINGER: Double posting. 3 BOARD SECY. KOWALSKI: We usually ask the 4 applicants to do that anyway. 5 BOARD MEMBER SIMON: I have a different 6 question, this being a co-op, it's a single 7 property, and when anything is built I assume that 8 notice would go to all the neighbors of the 9 property, east, west, so that if any property, for 10 example, Mr. Fenton' s house is physically adjacent 11 to the house in question, would he have gotten a 12 notice for any other change in any other property 13 in Kimogenor Point? 14 MR. LEHNERT: Yes, for anything in 15 Kimgenor Point, the contiguous neighbor would get 16 notice. He got notice on this property. 17 CHAIRWOMAN OLIVA: Besides that, he has to 18 have the approval of the whole organization that 19 he's doing what he's doing. 20 BOARD MEMBER SIMON: I'm considering 21 neighbors on all sides, not within Kimogenor 22 Point. 23 MR. LEHNERT: There's really only one 24 neighbor, because you have the road and the water, 25 you have the one neighbor to the east. August 18, 2005 18 1 2 BOARD SECY. KOWALSKI: It was done 3 properly. 4 CHAIRWOMAN OLIVA: Mr. Fenton. 5 MR. FENTON: My wife owns the property 6 adjacent. I live there. We've lived together for 7 the last 57 years. I'm distributing some pictures 8 and when I get to it, I'll help you understand 9 what I'm talking about. 10 BOARD MEMBER ORLANDO: Sir, you live in 11 Kimogenor Point? 12 CHAIRWOMAN OLIVA: No. 13 BOARD MEMBER ORLANDO: You're the adjacent 14 property owner? 15 MR. FENTON: I'm in my 80s and words don't 16 come as quickly as they used to. But you'll bear 17 with me, I hope. My name is Joseph Fenton and as 18 I said, I've lived with my wife for the last 57 19 years. She owns this property and before we 20 bought this property about 40 years ago, we lived 21 elsewhere in the Town of Southold. Also within a 22 mile or so of where we presently live and before 23 we got married, I lived with my grandparents and 24 parents also in the Town of Southold, always on 25 the water, always looking at Robin's Island and August 18, 2005 19 1 2 always hanging around this bay. 3 I'm an attorney, I've been licensed the 4 last 52 years to practice in New York State and 5 I'm a licensed real estate broker, and I served as 6 co-chairman of the lending committee at what was 7 then the local bank which later became a bank 8 corporation and banking subsidiary and because of 9 most of our loans were secured by real estate, I 10 became involved in an environmental issues 11 connected with real estate, so that we were 12 careful in making loans that we wouldn't be 13 getting involved in an environmental problem. So 14 I have some experience with what I think has 15 happened here, and what I think you should have a 16 look at. 17 It may be that I'm obsessed with the bay 18 and the creeks that feed the bay, but that's 19 because I have developed a reverence for it 20 because of where I live and where I have always 21 lived. 22 I have some housekeeping matters I want to 23 bring up and you people have touched on it 24 already, and then we'll get to the meat, if you'll 25 permit me. August 18, 2005 . Jr 20 1 2 When this Archer application -- 3 CHAIRWOMAN OLIVA: This is Pollio 4 MR. FENTON: I understand but we didn't 5 receive a notice. This is a unitary piece of land 6 Kimogenor Point owns the three and a half acres, 7 we should have received a notice of hearing. I 8 think that variance is invalid. That's something 9 for you to consider. That's not the subject here 10 but it bears on it because as I will get to. 11 In Monday's newspaper, there was an 12 article about United States considering identifying 13 oysters on the eastern seaboard as endangered 14 species, what's happened in the bay, as you 15 probably know, and in the creeks that feed the 16 bay, is that there aren't any more oysters, I 17 don't find them. They have tried to seed them, 18 the seeding doesn't work because of what we're all 19 putting into the bay, and Kimogenor Point is no 20 exception. In fact, it's mostly built out on a 21 sand bar and when there's flooding, as you see 22 here and even when there's no flooding, the 23 cesspools, they leak. 24 CHAIRWOMAN OLIVA: Overflow. 25 MR. FENTON: Whatever you want to call it. August 18, 2005 21 1 2 And when they're under water, as they were in 3 these pictures I submitted to you, what happens is 4 the laundry detergents, which is really the 5 culprit here, it's not the brown tide and it's not 6 the duck farm, it's this substance that doesn't 7 degrade, it's in the laundry detergent that seeps 8 into the bay. 9 There used to be thousands of blowfish 10 along the shore. They hugged the shore. There 11 aren't any anymore at least in the last 20 years I 12 haven't seen the blowfish. I guess they're smart 13 enough not to go where this effluent is, where 14 this detergent is. Where there's a storm, three 15 or four days after the storm, there's sea foam all 16 around. 17 Billy Corwin, he's an environmental 18 engineer, he lived on West Creek with his •parents 19 and he used to hang around our house more than his 20 own because I had a younger daughter that used to 21 go around with him, and he went on to study this 22 in college. He became an environmental engineer. 23 He worked for a Fortune 500 company because they 24 wouldn't make a move without getting involved in 25 the environment. And he came, because he was August 18, 2005 22 1 2 working out west, he wanted to sell his Whaler and 3 he asked me, and I ended up buying the Whaler and 4 he helped bring it over, and it was after one of 5 these episodes, and I said, look, there's so much 6 sea foam. He said, Mr. Fenton, that's not sea 7 foam that's laundry detergent and that's in the 8 bay and when the waves come it stirs it up, it's 9 coming out of the cesspools that line all of 10 Peconic Beach. 11 If you go to Fisher's Beach, and the 12 entrance to Marratooka Inlet, you see these 13 buildings that were built years and years ago some 14 of them on stilts, but they have a cesspool right 15 there and it's in the sand and when the tide comes 16 up it covers the cesspool and when the tide goes 17 down the extra high tide had the sun and moon line 18 up it's equinox time and when the water leaves the 19 cesspool, it brings something with it. That's 20 what ends up in the bay, and that's what our 21 problem is. If you get picked apart one at a 22 time, I don't know what the answer is. I think 23 the DEC should be involved. I think the Suffolk 24 County health people should be involved. I think 25 it's time to address this and not kick it under August 18, 2005 23 1 2 the rug. It's why Peconic Bay is becoming 3 sterile. 4 I mean, I go back 80 years and I know it 5 was teeming with life. I mean, there's still fish 6 there, but there's not a king fish left in Peconic 7 Bay. There used to be a place right in front of 8 this site called King Fish Hole. King Fish Hole, 9 if you lined up the second house west of the 10 entrance of West Creek, if you line that up with 11 the church steeple in Cutchogue and you make a 12 straight line and you go up that line, right 13 angles from the windmill on Robins Island, you're 14 over King Fish Hole. That was the old high tech 15 way to do it. Now you can do it on a GPS and 16 you'll find that all out in minutes. But it was 17 teeming with fish, and as I found out on Monday, 18 it was all teeming with scallops. If you put a 19 dredge down, in fact, Mrs. Kowalski's husband put 20 a dredge down there, you'd have a thousand 21 scallops when you pulled it up. Take them out of 22 seaweed, there's no seaweed left. That's what's 23 happened, and I don't know what one of the 24 cartoonists says, you know, we have met the enemy 25 and they are us, this is what's happened. This is August 18, 2005 ,ate 24 1 2 what we've done. 3 Now, as far as being notice notified by 4 Kimogenor Point, they pretend that they're a 5 condominium, they're not, they're a co-op, and I 6 think Michael Simon touched on it here. This is a 7 one, unitary piece of property. It's three and a 8 half acres, and you have to deal with it as one 9 property and not just look at a particular house, 10 you have to look at the whole thing. And what 11 we're doing here, people buy them, they're paying 12 what I see as crazy amounts, but it's a water view 13 there's just so much of it left. It's right on 14 the water, there's a beach, it's a lovely site. 15 But Kimogenor Point was formed a century ago, the 16 co-op. I don't think there's another co-op in 17 Southold Town, at least I don't know of any, and 18 they built these small cottages and they were 19 wonderful. They came out for July, August, but 20 now individuals buy them, put in quite a bit of 21 money, I heard the last number as a million six, 22 but I don't know, and then they're going to spend 23 another $400, 000 fixing the place up, and there 24 are 11 houses here that are rented to their 25 stockholders, the twelfth one I think is not August 18, 2005 25 1 2 available for rent, it's a shack up there near the 3 road, and there's a clubhouse that's built on 4 stilts in West Creek on the site. If each of 5 these houses, which belonged to Kimogenor Point 6 are upgraded, another bathroom, dishwasher, when 7 you start adding what was used to be a cottage 8 that was used for July and August and you start 9 adding what is happening, and what you see 10 happening, the buildings are upgraded, there's 11 more intensive use, more toilets, dishwasher, 12 washing machine, and they use it maybe the whole 13 year, certainly more than just July and August. 14 Now, how much sewage can this site take in the 15 cesspools? 16 My wife and I were there in July for they 17 called it a Hawaii night in the clubhouse, when we 18 were about to leave, it) was high tide and they had 19 to put some duck boards out for us to be able to 20 get out the place where they had the clubhouse to 21 be able to get on terra firma, and one of the 22 woman, a stockholder there, a friend of ours said I 23 we have a cesspool problem here and the cesspool 24 people tell us there's nothing we can do about it. 25 This is what gets compounded as you add, it's like August 18, 2005 26 1 2 lead poisoning, it's cumulative. I'm not sure you 3 shouldn't take a good look at this get the DEC in 4 here and maybe the health people and understand 5 what is happening. I'll walk you through those 6 pictures. 7 The first one, I've numbered them, the 8 first one is looking west, I'm sorry, Mrs. 9 Kowalski, I didn't make another set. That's 10 looking west, if you look at the side of the 11 picture, it says February 1972, I don't know if 12 that's when this flood took place because I could 13 have had the film in the camera for a month or 14 two, but it's obviously in the winter time because 15 there are no leaves in the tree, but if you look 16 west, the town put a warning light there, but if 17 you look there you'll see water on Jackson Street 18 which turns right and Jackson Street is 19 impassable. This is not once in a century storm, 20 trust me, whenever there's a hurricane and we have 21 had in my lifetime at least 10, and when they 22 drain, there's a problem. The next picture, 23 Number 2, is taken from the Kimogenor Point area, 24 and it shows the bridge and West Creek, and if you 25 look at it you can see the water is all the way up August 18, 2005 . 1 27 1 2 to the bridge. And it's already receded some, if 3 you look at the first picture again, you can see 4 some straw that's higher up there. Number 3 is 5 also taken from the Jackson Street area. It shows 6 the end house, I guess you say that's the Archer, 7 I guess it used to be Watson. You can see the 8 water is all the way up. Number 4, this is it's 9 looking north from where the picture was taken and 10 there's the first row of houses that you would 11 have come down the street. The water is lapping 12 up against the houses. There are no basements in 13 these houses. I don't know where the cesspools 14 are, but they're covered. Number 5, you can see 15 the clubhouse was taken from between two houses, 16 the water is there. Number 6 is another view of 17 the clubhouse. Number 7 shows the back of the 18 houses that are along Peconic Bay. You can see 19 the water that's lapping there. Number 8 is a 20 little further back from that, but it shows the 21 clubhouse. Number 9 is from the road that bisects 22 Kimogenor Point. Number 10 is another one also 23 from between two of the houses, as is Number 11. 24 Kimogenor Point Company at one point in 25 the 1980s, there was a public road that ran down August 18, 2005 28 1 2 the center of Kimogenor Point. It went from 3 Jackson Street to the beach. There came a time 4 when Kimogenor Point Company wanted to incorporate 5 that road into their property, and I think that 6 requires, as I understand the law, they have to 7 own both sides of the property and they have to 8 demonstrate that the property has not been used by 9 the public for whatever period of years. I don't 10 know what the period is. And they made such an 11 application, and I saw it in the newspaper, and I 12 spoke to one of the Kimogenor Point people that, 13 you know, the public has been using this for 14 public road. I've used it to launch a sailboat 15 that I kept on the beach and to retrieve it, and I i 16 know any number of people that go there and they 17 bring a beach chair and an umbrella, and they sit 18 on the beach at the end of the road and maybe even 19 do it for spite. So the affidavit that 20 Mr. Uhlendahl signed at the time he must have 21 thought it was correct but it wasn't so. And I 22 spoke to Mr. Ed Purcell, who is one of the 23 stockholders, and he said look, any time you want 24 to launch your boat it will be all right. We want 25 to close the road because we don't want people to August 18, 2005 29 1 2 be sitting out on the end of the beach. So I went 3 along with it, so in law, when there's a duty to 4 speak and you remain silent, your conduct is not 5 exemplary. So I went along with it because as he 6 pointed out when people leave trash on the beach 7 it blows onto your house, there are two houses in 8 between from this spot at the end of the road. I 9 don't want to criticize what Kimogenor Point did, 10 they did what they thought was good for them, and 11 I really at the end of the day, I didn't have a 12 quarrel with it, but I want to tell point out to 13 you, that when it's convenient for Kimogenor Point 14 Company they are Kimogenor Point Company that owns 15 both sides of the road, and that's how they treat 16 this, but at other times, and in this instance, 17 there was Ackerson and Purcell and Fisher and 18 Uhlendahl and Weber and another Fisher that 19 surrounded this road. They didn't make an 20 application on behalf of these people, they made 21 an application on behalf of the Kimogenor Point 22 Company, who was the owner of this property. They 23 wanted want it both ways. 24 When they come to one of these variance 25 hearings or to the Building Department, they come August 18, 2005 30 1 2 as an individual who wants a building permit or a 3 variance. Now, this particular house that's the 4 subject of this hearing was extended on two 5 previous occasions. I couldn't find a variance. 6 I asked, there was no variance, why the Building 7 Department issued a permit in this circumstance, I 8 can only say that maybe they are not sophisticated 9_ with respect to what a co-op is. This is a co-op 10 with the land and buildings are all owned by this 11 one entity. And they should have gotten a 12 variance as they apparently awakened and now 13 they're asking for it. 14 CHAIRWOMAN OLIVA: Different 15 administrations. 16 MR. FENTON: I don't blame them, a man 17 comes in and he wants a building permit. Why 18 there was no variance, I'm not sure. 19 CHAIRWOMAN OLIVA: I'm not sure either. 20 MR. FENTON: And I don't know what has to 21 happen. Maybe you can -- what do they call it -- 22 retroactive, there's a word for it. 23 CHAIRWOMAN OLIVA: I know what you mean. 24 BOARD MEMBER SIMON: Ex post facto. 25 MR. FENTON: I don't know what it is. August 18, 2005 31 1 2 CHAIRWOMAN OLIVA: I think it's rather 3 difficult to do Mr. Fenton. We go the with the 4 rules that are with us today and the 5 interpretation. 6 MR. FENTON: Maybe if we had gotten a 7 notice as we should have gotten in connection with 8 the Archer application, we could have come 9 forward, and you may have then considered the 10 pollution problem that's here. You're extending 11 houses that are on a sand bar. 12 CHAIRWOMAN OLIVA: Mr. Fenton, I 13 sympathize with you, and I agree with you, but 14 that is not the jurisdiction of this Board. We 15 would have to go to the Department of 16 Environmental Conservation, the DEC or the Health 17 Department with their environmental people. 18 MR. FENTON: And I would love for you to 19 do that. 20 CHAIRWOMAN OLIVA: That would be great. 21 Then we come to one thing, because I found it so 22 much, I was president of the NFEC, I've been 23 involved for years. It gets to be the point if 24 you deny them, then it's a taking, and who is 25 going to buy it from them? All this property August 18, 2005 32 1 2 shouldn't be built on, I agree with you. It 3 shouldn't have been built in the first place. 4 MR. FENTON: In those days it wasn't a 5 problem, it was very little use. 6 CHAIRWOMAN OLIVA: I know, but look at 7 whatever happened in West Hampton, the same thing, 8 on the ocean. It was washed into the ocean, what 9 has happened, they have all been rebuilt at our 10 expense thanks to FEMA. And it's the same thing, 11 if you don't allow people to rebuild or to do what 12 they want to do in some manner or form, it's a 13 taking, and then some governmental agency has to 14 pay for that property. 15 MR. FENTON: I don't happen to agree with 16 the legal standpoint with the taking part of it. 17 It's the expansion that has ramification that the 18 public has to be involved in, and more toilets and 19 more this and more that, maybe it's not your 20 jurisdiction but you can't stick your head in the 21 sand. 22 CHAIRWOMAN OLIVA: I don't disagree with 23 you. 24 MR. FENTON: I don't mean to criticize 25 you. I think you do a good job. What happens is, August 18, 2005 33 1 2 an applicant comes in, if you turn him down he 3 hates you. 4 CHAIRWOMAN OLIVA: We don't care. 5 MR. FENTON: If you approve it, the 6 neighbors who object to it hate you, and if you 7 try to do something in between they both hate you. 8 CHAIRWOMAN OLIVA: Then you know you've 9 done something right. 10 MR. FENTON: I don't know. At this point, 11 we're pretty far along, we'll manage. I just 12 think, it took a lot for me to decide well, maybe 13 it's time to open this up a little bit and talk 14 about it because I have a reverence for the 15 bay. I love my family but next comes the bay and 16 the creek. And I'm out there all the time, and I 17 know what's going on and I know what's happened to 18 the bay and what's continuing to happen, and it's 19 not brown tide because when I was eight or 10 20 years old it was brown tide and it went away, it's 21 something that comes and goes. It's laundry 22 detergent because they didn't develop that until 23 after the war and the incremental part of it, it's 24 choking this wonderful spot. 25 CHAIRWOMAN OLIVA: Mr. Fenton, thank you August 18, 2005 34 1 2 so much for your comments and we'll pass you 3 along. 4 MR. FENTON: Over the weekend there were 5 seven cars parked in front of this house that 6 we're talking about. If there are 12 houses on 7 the site, and if they all have seven cars, you got 8 84 cars, you've got a parking lot here; is that 9 what you want? There's one acre zoning as you 10 know, and there are 12 houses and 13 with the 11 clubhouse, what's the purpose of zoning if you're 12 going to overcome it? 13 BOARD MEMBER ORLANDO: This is 14 pre-existing zoning. 15 MR. FENTON: I know it's nonconforming 16 use, but that doesn't mean you expands it the 17 third time. 18 CHAIRWOMAN OLIVA: We'll take your 19 comments into consideration. 20 MR. FENTON: Okay. And I'll submit my 21 information. 22 BOARD MEMBER ORLANDO: It was a great 23 presentation. I wish you would go to the Town 24 Board. 25 CHAIRWOMAN OLIVA: Is there anybody else August 18, 2005 35 1 2 that wishes to comment on this application? 3 BOARD MEMBER DINIZIO: I'd like to make a 4 comment for the record. I think Mr. Fenton's 5 argument is very strong, and I think this Board 6 could set, if not a precedent, certainly send some 7 kind of message or even abide by our own Town 8 laws, which two acre zoning or one acre zoning 9 we're basing that on sewers, on cesspools and how 10 many cesspools do we want per acre, and we hear 11 the North Fork Environmental Council speaking of 12 that all the time. And there's no reason why a 13 co-op on less than four acres of land that has, 14 I'm assuming, 13 cesspools? 15 MR. FENTON: I don't know. 16 BOARD MEMBER DINIZIO: There's no reason 17 why this Board has to support an expansion of 18 that. 19 BOARD MEMBER SIMON: In line of this as a 20 procedural matter, would it would it be 21 appropriate for us to keep this hearing open until 22 we could get other agencies, the DEC involved at 23 this time? 24 CHAIRWOMAN OLIVA: No. This isn't our 25 jurisdiction. August 18, 2005 36 1 2 BOARD MEMBER DINIZIO: This is an 3 expansion of a nonconforming use, and yes. 4 1 CHAIRWOMAN OLIVA: He meets the setbacks 5 and everything, Jim. 6 BOARD MEMBER DINIZIO: But honestly, he 7 doesn't meet the setbacks because he is not he, he 8 is a they. 9 MR. FENTON: Finally someone has awakened 10 here; that's what's happening here. They've been 11 picking you apart. 12 BOARD MEMBER SIMON: The applicant should 13 be the co-op, not the homeowner. The homeowner is 14 technically only a tenant of that property. I 15 happen to live part of the time in a co-op in New 16 York City. I rent my apartment from the 17 organization. The organization is the legal 18 party, not the individual tenant. 19 BOARD MEMBER GOEHRINGER: Aren't you a 20 stockholder in that organization? 21 BOARD MEMBER SIMON: I'm not a stockholder 22 in the organization, but I'm not an individual who 23 could apply for rights for myself. 24 BOARD MEMBER DINIZIO: Michael couldn't 25 take and hang another bedroom off the side of that August 18, 2005 37 1 2 building, and this is what these people are 3 dog. They're expanding the cooperative cesspool 4 of that whole point there. 5 MR. FENTON: Without a variance. 6 ASST. TOWN ATTORNEY CORCORAN: This Board 7 took the view a couple months ago, that this is a 8 nonconforming use on a nonconforming lot and that 9 use could be expanded on another application 10 provided they comply with all the other rules. If 11 you're going to change your mind, that's fine, but 12 you can't go case by case for each property on the 13 same lot. 14 MR. FENTON: They did that without 15 providing us with a notice that's required by law. 16 ASST. TOWN ATTORNEY CORCORAN: That's a 17 separate issue and that's not what I'm speaking 18 to. 19 MR. FENTON: But had we had an opportunity 20 to speak at that time, you might not have done 21 that. 22 ASST. TOWN ATTORNEY CORCORAN: You have 23 spoken, and if you want to get up and speak again, 24 come up to the microphone and speak. This is not 25 proper for us to engage in colloquy for us to August 18, 2005 38 1 2 engage back and forth. I'm here to give advice to 3 the Board, and that's my purpose here today, not 4 to argue with you, with all due respect. I'm 5 telling the Board if they wish to change their 6 mind about how they approach this, they should 7 make up their mind and stick with it. 8 BOARD MEMBER DINIZIO: I wish to change my 9 mind. Honestly, at hearings we have applications, 10 we're supposed to listen to each of those 11 applications individually. In all honesty, that's 12 why we have them. Certainly we learn little by 13 little, hearing by hearing, and we all make our 14 decisions. Now, I have to say, and you've got to 15 be surprised at me saying this in all honesty, we 16 are looking at this in the wrong way. 17 CHAIRWOMAN OLIVA: Jim, how about we -- 18 BOARD MEMBER DINIZIO: I'm voting no. I'm 19 not voting for this, so however you want to go the 20 other way. 21 CHAIRWOMAN OLIVA: I just feel we should 22 discuss. 23 BOARD MEMBER SIMON: I would like to speak 24 to that point. Since one of the issues seems to 25 be that there is something irregular, which we are August 18, 2005 39 1 2 now realizing, mainly having the wrong applicant. 3 CHAIRWOMAN OLIVA: No. 4 BOARD MEMBER SIMON: The individual has 5 applied, it isn't the association that has filed 6 this. 7 CHAIRWOMAN OLIVA: Yes, it is a 8 co-application with both the corporation and 9 Mr. Pollio. That's what we have insisted the 10 people do here. They cannot do it 11 individually. It has to be the corporation as a 12 co-applicant in anything that comes up in 13 Kimogenor Point. 14 BOARD MEMBER SIMON: Ordinarily there 15 would only be one applicant, namely, the co-op 16 association, and not as a co-applicant. This is 17 an irregularity that I think needs to be 18 addressed. 19 CHAIRWOMAN OLIVA: This is what the legal 20 team has decided. 21 BOARD MEMBER SIMON: I would like to keep 22 the hearing open until we sort some of these 23 things out and have further information on that 24 question. 25 CHAIRWOMAN OLIVA: I would rather close August 18, 2005 f l 40 1 2 the hearing discuss it at the September 1st, we 3 have already approved Mr. Archer and then to do an 4 about face. 5 BOARD MEMBER DINIZIO: I would like to 6 know exactly what the lot coverage is on this one i 7 lot. 8 BOARD MEMBER GOEHRINGER: There is no lot. 9 Maybe Mr. Lehnert could spend a little on time on 10 this and get all the square footages, and let us 11 know. 12 MR. LEHNERT: I haven't done the square 13 footages on the entire lot, but if you guys want a 14 little more history on this, back in 101 we had a 15 building permit for this exact application. Now 16 the customer let it lapse because he never went 17 forward with the construction. The previous two 18 we have COs for. They were all done building 19 permits, and they were all CO'd for all the 20 previous applications and construction on this 21 house. They didn't require a variance, and in 101 22 we didn't require a variance. If you guys want a 23 copy of the permit for the record, it's here for 24 you. We presented the exact same project and at 25 the time the Building Department and the Board August 18, 2005 i 41 1 2 decided it needed to go in front of the Board. 3 This is also when the Archer project came up at 4 the exact same time. 5 BOARD MEMBER GOEHRINGER: Thank you. 6 CHAIRWOMAN OLIVA: Thank you. 7 MR. FENTON: May I add one thing? 8 BOARD MEMBER DINIZIO: Yes. 9 MR. FENTON: We have submitted a 10 memorandum and before the Board makes a decision 11 here, I think we're entitled to have you read the 12 memorandum. 13 CHAIRWOMAN OLIVA: We're not making a 14 decision today. 15 BOARD MEMBER GOEHRINGER: Madam 16 Chairwoman, can I just make a statement regarding 17 this? 18 CHAIRWOMAN OLIVA: Sure. 19 BOARD MEMBER GOEHRINGER: There were 20 specific statements made in reference to co-ops, • 21 and is this particular piece of property was 22 compared to a piece of property in the city, and I 23 realize co-op for co-op in the state is a similar 24 type, I assume, is a particular type of legalese. 25 I would like to see how the co-op situation is August 18, 2005 42 1 2 designed in New York state. Either from counsel 3 sitting next to me or from Board Member Counsel, 4 so we can understand exactly what Mr. Fenton is 5 saying in the aspects of this next two weeks. 6 ASST. TOWN ATTORNEY CORCORAN: A co-op is 7 a corporation that owns the property, then enters 8 into proprietary leases with shareholders who get 9 the right to use in perpetuity a particular 10 portion of the property. 11 BOARD MEMBER GOEHRINGER: But how does 12 that relate to a high rise as opposed to a piece 13 of property which encompasses so much in the 14 square footage? 15 ASST. TOWN ATTORNEY CORCORAN: No 16 difference. It operates exactly the same. You 17 get a right to use either a particular unit in an 18 apartment building as opposed to a piece of, area 19 of land in a building lot. 20 BOARD MEMBER GOEHRINGER: However, there 21 were issues that were raised here in reference to 22 lot coverage, which in a high rise is different 23 than that of the sprawling of a piece of property, 24 which were alluded to here. That's the area that 25 I'm concerned about. August 18, 2005 43 1 2 ASST. TOWN ATTORNEY CORCORAN: We in 3 Southold Town obviously have our own laws about 4 lot coverage. We've been told by the Building 5 Department on past occasions that this property is 6 well within its lot coverage. I obviously don't 7 have the calculations as to how this new project 8 will affect that. The Building Department will 9 certainly make sure it's conforming. But we 10 haven't received the notice of disapproval on that 11 matter, I don't believe. 12 MR. LEHNERT: I think in order to do that 13 someone would have to survey today the entire lot, 14 and that's not happened. We have a survey of our 15 portion, and I know Archer has a survey of his 16 portion of the property. 17 ASST. TOWN ATTORNEY CORCORAN: The co-op 18 has an issue, and though it's an internal issue 19 for the co-op, although the Town has a lot of 20 interest in it, that you do have a lot coverage 21 issue. You do have to comply with the Town's lot 22 coverage for the entire lot. It is one lot and if 23 everybody keeps expanding; at some point you're q 24 going to get over or reach the lot coverage and 25 it's up to the internal co-op to figure out who August 18, 2005 44 1 2 gets to do what and who gets to use up that lot 3 coverage. It's not for us to tell you how to do 4 that, but you do have to comply with it. 5 BOARD MEMBER GOEHRINGER: It is that 6 particular issue that I'm raising, Mr. Lehnert, 7 not your specific client's application. 8 CHAIRWOMAN OLIVA: And I think that's why 9 we had requested that both the applicant and the 10 corporation co-apply, so that they know that the 11 last one on the block, so to speak, isn't going to 12 get -- 13 MR. LEHNERT: Left out. 14 BOARD MEMBER GOEHRINGER: There's a 15 substantial amount of garage area associated with 16 this condo property, which involves a lot of lot 17 coverage. And so I mean, we're coming to the end 18 of the rainbow here, and I think that the 19 corporation should be aware of that, that any 20 future situations may require an entire survey of 21 the property to indicate what lands are uplands 22 and what lands are low lands, because we know we 23 have upland and low land here. I'm sure there are 24 riparian rights involved and we know that that lot 25 coverage is only based upon uplands, I'm just August 18, 2005 45 1 2 making a statement apart from the condo aspect. 3 BOARD MEMBER DINIZIO: My point exactly, 4 Jerry, again, in today's world, we're telling 5 people who come before us, sometimes even before 6 the application has been handed in that, look, you 7 have wetlands, you can't count that as buildable 8 land and what about your roads, and what about the 9 yield on a property, and before this gentleman 10 spoke, I thought that, well, yes, it sounds right, 11 the corporation should be made part of the whole 12 application because naturally if I owned a piece 13 of land with somebody else, I would want to know 14 what they're doing. But in light of the fact that 15 we have 13 cesspools on this property I've seen 16 the flooding, and I lived in an area very similar 17 to that. I think we ought to take a long hard 18 look at this particular application and any one 19 that comes before it and make decisions based on 20 today's reality not on 100 years ago. What they 21 did 100 years ago doesn't apply now, and we turn 22 people down constantly based on a whole lot less 23 of a reason than what these people want. 24 MR. FENTON: I think I 'll leave now. The 25 real problem is do you want 12 Taj Mahals here August 18, 2005 46 1 2 that's what it's all about. 3 CHAIRWOMAN OLIVA: Thank you. What is the 4 Board's pleasure? 5 BOARD MEMBER GOEHRINGER: I think that the 6 Board should put the corporation on notice that 7 any future applications are going to require an 8 updated survey based upon updated lot coverage so 9 we know exactly where we are in reference to what 10 has to go on here. 11 ASST. TOWN ATTORNEY CORCORAN: You could 12 require that of this application. 13 BOARD MEMBER GOEHRINGER: The only 14 difference here is that we have a application 15 which is a relatively new building can with new 16 COs that exist not the old 40, 50, 60, 70 year old 17 cottages. This is an updated building. 18 BOARD SECY. KOWALSKI: You're expanding 19 the footprint. 20 BOARD MEMBER GOEHRINGER: I know we're 21 expanding the footprint but it's so insignificant 22 in reference to the reconstruction of some of 23 these other houses. We have to know from the 24 corporation what the total lot coverage is, and we 25 have to be able to review that to see what is August 18, 2005 e 47 1 2 subject to flooding and what is not subject to 3 flooding and what they're indicating to be upland 4 area. Then from that particular point on, you 5 know where you can go. There is no norm set here 6 and that's the problem, and that's the issue. 7 CHAIRWOMAN OLIVA: Would you like to close 8 the hearing reserve decision or do you want to 9 keep it open? 10 BOARD MEMBER DINIZIO: I'd like to see the 11 lot coverage. 12 CHAIRWOMAN OLIVA: Keep it open pending a 13 new survey on the whole piece of property with the 14 lot coverage. 15 BOARD SECY. KOWALSKI: With the wetlands, 16 do you want to know which part is covered by 17 wetlands? 18 BOARD MEMBER DINIZIO: I want to know the 19 yield of that piece of property. 20 CHAIRWOMAN OLIVA: You don't include 21 wetlands. 22 BOARD SECY. KOWALSKI: Well, you do. 23 Include the deeded lot lines even after the 24 wetlands. It's only subdivisions exclude 25 wetlands. August 18, 2005 48 1 2 ASST. TOWN ATTORNEY CORCORAN: That's 3 correct. 4 BOARD MEMBER SIMON: I agree. 5 CHAIRWOMAN OLIVA: Let me hear a motion. 6 BOARD MEMBER DINIZIO: We don't have to 7 make a motion, we can ask the applicant to go back 8 get more information on this application. 9 BOARD MEMBER ORLANDO: Adjourn the 10 hearing -- 11 CHAIRWOMAN OLIVA: Until September 29th? 12 MR. LEHNERT: Getting a survey would take 13 longer than the 29th. 14 BOARD SECY. KOWALSKI: If they don't have 15 it, the following meeting would be October 20th. 16 We would need it the Friday before that which 17 would be the 13th of October that's about six 18 weeks. 19 MR. LEHNERT: It sounds great but now I've 20 got to get the corporation to get money to get a 21 survey together, find the surveyor, get the survey 22 done, and I can't tell you when that's going to 23 happen. 24 BOARD SECY. KOWALSKI: How much time would 25 you like? Are there three members that want to go August 18, 2005 49 1 2 that route? 3 BOARD MEMBER DINIZIO: Yes. 4 BOARD MEMBER ORLANDO: Yes. 5 ASST. TOWN ATTORNEY CORCORAN: As a 6 suggestion maybe you could put it for the next 7 hearing, and maybe you could make an investigation 8 as to how close we're talking about. But if it's 9 close call, obviously you'll need a survey, but if 10 it's clear that you're well within or well not 11 within, you may not need a survey, if you could 12 demonstrate to the Board's satisfaction. I have 13 no idea? 14 MR. LEHNERT: Say if I get something out 15 of the Building Department, I'm not even near the 16 coverage would that be acceptable. 17 BOARD MEMBER GOEHRINGER: Let's face it, 18 Mr. Lehnert, you .are an engineering firm and we 19 would expect that what we got from you is 20 appropriate, I would expect, I'm not speaking for 21 the Board. That would be just as well in this 22 particular instance in my particular opinion. 23 BOARD MEMBER SIMON: That would be more 24 than just a letter from the Building Department. 25 BOARD SECY. KOWALSKI: Just, Jim, I August 18, 2005 Nassau Point Road,vt tchogue; Sections 100-242A and 100-244, CTM-11 based on the Building 50-a.in BENEDICT Y'•---Department's May 25, 2005 LIO-#5753. Request { �N tice of Disapproval concern- Variance,based on the B r_ll g proposed second-Moor addi- Department's M G 2 -�� bons with alterations, and one- 0 ce 0 isapproval concern- story addition,which when locat- ing an addition to an existing ed at less than 15 feet on a single dwellmg. The reason for disap- side yard will increase the degre-, proval is that Section 100-31A of nonconformance. Location of states that"no building or re Property: 25270 Main Road, ises shall be erected or altered Cutchogue;CTM 109-3-3. which is arranged, intended or 10:55 a.m. ROSE HAJEK designed to be used,in whole or #5747. Request for Variances in part,for any uses except.. (1) under Sections 100-242A and One-family detached dwellings, 100-244,based on the Building not to exceed one dwelling on Department's June 11, 2005 each lot. The new construction is Notice of Disapproval concern- proposed on a lot which contains ing proposed ad(litions with alter- more than one dwelling ations to the existing dwelling, Location of Property 445 creating a new nonconformance Kimogenor Point Road, New and increase in the degree of non- Suffolk;CTM 117-10-1. conformance when located less 9.55 a.m JOHN MORSE than 40 feet from the front lot line #5726. Request for Variances and less than 50 feet from the rear under Zoning Code Sections lot line, at 15305 New Suffolk 100-239.4B, 100-242A, 100-33; Avenue and Grathwohl Road, 100-244,based on the Building New Suffolk;CTM 117-6-15. Department's April 25, 2005 1.00 p.m. WILLIAM AND Notice of Disapproval,amended BARBARA CLAYTON#5743. June 13, 2005 concerning pro- Request for Variances under posed additions with substantial Sections 100-33 and 100-244, reconstruction of the existing based on the Building dwelling The reasons stated in Department's Notice of the disapproval are that. (a)the Disapproval, amended June 27, new additions to the accessory 2005,concerning proposed addi- garage will be an increase in the bons with alterations to the exist- degree of nonconformance when ing dwelling with a rear yard set- located less than 40 feet from the back at less than 35 feet,and new front lot line and less than 5 feet accessory garage building in an from the side lot line; (b) the area other than the required rear substantial reconstruction to the yard, at 12832 Route 25, East dwelling,with additions,will be Manon;CTM 31-14-15 less thati,50 feet from the rear lot 1.15 p m ANTON BETTLER line and less than 75 feet from the and MARLA MILNE #5752. bulkhead.,Location of Proper ttyy Request for Variances under 820 Old Salt Lane, Mattltuck, Section 100-244, based on the CTM 144-5-15 Building Department's June 20, 10.05 am BCB REALTY 2005 and July 18,2005 Notices HOLDING CORP. #5739. of Disapproval concerning pro- Request,for.a•Variance under posed deck addition,inclusive of Section 100-103-C,based on the pooVspa structure,and new front Building Department's April 22, entrance additions,both less than 2005 Notice of Disapproval,con- 35 feet from the front lot line,at cemmg a new building with 185 Osprey Nest Road, reater than 60 feet of frontage Greenport,CTM 35-6-36 uildmg width) on one street; 1 20 p in. JANE COCKERILL :OUNTY OF SUFFOLK 74825 Main Road, Greenport; #5741. Request for a Variance TATE OF NEW YORK ss. 454-8.3 Zone District-General under Section 100-30A 3,based B Business on the Building Department's 3ncy M. Mclaughlin, 10:15 a.m. OTTO and JUNE May 18, 2005 Notice of ✓orn, says that she is SCHOENSTEIN #5744. Disapproval concerning an adds- Request for a Lot Waiver under tion with alterations to the exist- g , Section 100-26 to unmerge mg dwelling, as built with new atchman, a public newspi County Tax Map Ref 1000-57-2- nonconformance as located, at 6(vacant land),from CTM 57-2- less than the code-required 15 Southold, in Suffolk Cour 2. (improved land)) Based on feet from the side lot line,at 700 notice of which the ar the Building Lppartment's Birdseye Road,Orient,CTM 17- November 22, 2004 Notice of 2-1.14. mted copy,has been publi Disappproval, amended June 13, 1 25 pp m MARK PALLADI- aveler Watchman Once 2005, the pproperties have been NI#575 3. Request for a Variance merged m tiris R40 Low-Density under Section 100-244,based on r. . . L....week(s) S Residential Zone District,under the Building Department's June miner rig on t q Section 100-25 Location of 20, 2005 Notice of Disapproval ' Property. 500 and 580 Island concerning an addition proposed . ,.j .. 2( LEGAL NOTICE View Lane,Greenport at less than 40 feet from the front /� q,/� ,SOUTHOLD TOWN BOARD 10 25 a.m JOYCE ORRIGO lot line, at 585 Donna Drive, y' OF APPEALS #5740 Request for a Lot Waiver Mattituck;CTM 115-16-5. �/•�t�•-•••••........... THURSDAY,AUGUST 18, under Section 100-26 to unmerge 1 30 p m. LOIS AMEND / 2005 PUBLIC HEARINGS CTM 40-2-12 (vacant), from #5755 Request for a Variance NOTICE IS HEREBY GIVEN, CTM 40-2-11(vacant).Based on under Section 100-244,based on pursuant to Section 267 of the the Building Department's June the Building Department's June 3, Town Law and Chapter 100 9, 2005 Notice of Disapproval, 2005 Notice of Disapproval con- ((outholZoningg), Code of the Town of the properties have been merged cermng a porch addition proposed orn to befor a this... S d, the following public in this R-40 Low Density at less than 40 feet from the rear /�((�•%(�• ••• 2005. 11 s will be held by the Residential Zone District under lot line,at 265 Highwood Road, o Section 100-25. Location of Southold CTM 78-9-52. , 11795 Southold,Road, P.O 11, Property: 66425 C.R 48 and DAWN p.m. ANDRWALD 9 and / SOUT OLD TOWN BOARD L OF APPEALS at the Town Ha Box Homestead Way,Greenport,Map DAWN DUERWALD #5754 York of Eastern Shores,Section I,Ref Request for a Variance under 11971-0959, on Thursday, 152 and 153. Section 100-244, based on the Notary Public August 18, 2005, at the tines 10:35 a.m. PETER SHERWIN Building Department's June 22, noted below (or as soon there- #5729 Request for a Variance 2005 Notice of Disapproval con- after as possible). under Section 100-30A.3,based cemmg proposed additions at less 9:40 a.m. CHARLES and on the Building Department's Emily Hamill KATHLEEN WATSON #5738. May 4, 2005 Notice of See Le gals next a e/ NOTARY PUBLIC,State of Nei Request for an amended Variance Disapproval concerning a pro- g P g No.o1HA505"84 Qualified in Suffolk Count Commission expires May 06, r Legals from Preceding page cerning a new accessory garage proposed division of land,for the 2 proposed in a front yard at less reason thatproppused lotNo'1 will c than 40 feet from the front lot line, than 40 feet from the code- be less than 150 feet in lot width h at 95 Clearview Avenue West, Ggmred front lot line, at 1020 frontage),and proposed/lot No. "h Southold;CTM 70-8�. ^ ^^ �R Q tzek Lane, Southold; will be less than 80,000 sq.ft.in D 1, ( L0C' HATCH ' — ZLOC •N iasc��_ FOR PARCEL NO. _ `s SEE SEC.NO. - 109-04-00&3 11O 8.1 — '® MA(e) !a �' 1 a a 58.2A(c) ye TOWN OF SOUTHOLD (UNOERN•1TER L NO) /S��• 0 &4 W 4.3A(c) 2 &5 3.OAfc) 7 8 3.9A1G 1 MA(c) 9 � I � a E J xk 6 I D 4y 2.7A(c) '� 11 o } 1.2A(c) % t11 10 9.1 27 I OL 38A(e) 1 t 12 6.5A(c) '26 S 350A(c) sr E y fn 7 20=J SLOA L 5.1 3.OA c) 113 s y \ g 2.9A(c) ry b 8 9 3 11.1 5" 17 Lq s 21- g O L3A(c) L na. CASE RD. (49.5•) 28.1� _ s 8� s Iz fm m 5 3.2A(c) �I 12_ y 16 159 22.3 5 to G THOLD O 9 5 6 13 a CO 1q m 22.1 22.2 � 23 m +m lao fm w w u wo &9A(el \ 17 AVE. '0(5 >e Iw ua Iw is Itl• m .a 1 1 14ml \ Os 9 10.1 5 11 12 13 14 y o '� \ 5 OA(e) LIAM L2A(c) LSA(c) 2.9A(c) • 18.1 LSAttl 17.1 ,� aa• as � .w. d L10.2 9 a'R 1.7A(c) a 15 16 \ sr 8 LIAM 3 19.2 3XIC) n 1.8A 21.1 LSA d SNORE()NE j00i TOWN OF SOUTHOLD (50) ShVRE(/N%_loon. NNOERXFTER L NIN 222 !0• 4.1A(G PECONIC ,, V°j Z •9 24.1 SEE SEC.NO.134 h I hV P.D.9 0 5.9A(c) /� ac N 281 400 °f „tOPERTMS N SOUTHOLD SECTION NO NOTICE COUNTY OF SUFFOLK © K 108 '°' 118 TOWN OF UAMOUNCE.ALTERATION,cai c OR Arr Real Property Tax Service Agency Y Cp,t Center,„RIJe �ff 1 1 6 -- _ laxalotD' Y rfieeq N Y=.,11901 M us sss uT _ ._~...:-P- r = FP_ �s�Fs .Y..k.,..:�TNC.-toy:S.Ot)tS :"-n •-_ -i - --rs;^.:..sc-!�^Y+b.'r¢3Yr.iy:s%T"1..ff�_ ��"r-'--._--,�.•.�+Rm._.a.«. 4Y :o`rmc �-_._ --.• -nv`z't.�'w'i .PROP_ERTY^:.MAPL_.,�_ _ zo.z -q,a 1 y l T r-"RE PARCELN0. 23A(c)ESEC.NO. }�g 'm R g f S16-03-001 �� 8 �- a 13 R- 1.1A(c) a 18.1 r 7, Iro me y za L1A(C) c 3 9 14 s 5 w { y I dab A an S s Z n 5 9 e 9 15 a s o 17.3 17.5 m 1°0r to 5 6 4' 16 $ 1.2A(c) Gj T +g os 1 Fa GEORCE a ss fn ^ 6 i Iro� 7 � RD. '°I z>a B b 9�A Z tG 1 u A 16 R (50')17 18.4 a'° n '» 24 --• 12 z a 3 e0 3 L3A(c) 3 35 a 5 25 5 1,4A(C) fy 51.1 • 13 c ^ L1A •• 4 b fi 18.2 34 a es 12. C oa R 19 a 38,6 L4A(c) 5 fe ^ c 26)" ¢ t 14u 8 5 14 a 1.5A(e) 1ee 33 s e iu e .. + R+o C4~ fss g a s w •( �• 15s g '�W "° C^ uz3 8�B 20 x O L Acl 28 p9y uo +�IBJ 7ua Rr 12 w U uz.aw ae c 29.1 rd f 16 Am 8 A zm for w rao f"° ue >a R 9 2.2A(C) ^ s \ csi S7 s 11_4 c R n 26 27 29 ^111 30 K z (501) ` -�.,�C• 9 5 10 8 5 22 23 >a (uCHARUE'w Lb) w fro 8tim 47 SdDd V J � ue en a pD• = 33 t 6 s 30 R 22A(c) ^• FISHER ffANNNC) 4' 35 ? 34 fm r e't b y w p x 1 $ 2 k 3 P L6Ale) w w en 5 31 ^ a o a 36 9 1.6A(c) a B 32 t^-s33s y5, 34 8^35^ 3 ar K ., fro fa s ems fn s n a zf 3.44(e) ORCHARD w ° 12 e 13 c 33.2 ^ 13.1 ^12^ SLS 11.2 ,y m O" of 8 5 se wlD 14e zoo RD s l50'i s 29 a 30 5 1 k2 2 11 y c x u 10 9 \ KOURO'S ro A fm ^ NEW 20.2 "0 SUFFOLIK „ a N N a'ss w7 9 ve e 17 ],9.7 SCHOOL T s 28.1 8 SCHO y A 16.2 16.6 I ss 90 14.1 zm 31 � DIST., :akaa= 1 m e h 1 y I F Q .1 KING 19.1 -20.1 zoe p s 4 zm s SUFFOLK E 32.3 3 wa^ SCHOOL 166.3 s s 21 a zm m, s A e 3 DIST. 14 © fs A 'gL6.6 y wl 5 -ee a ^ ^ 14.2 k 0 of 16.4 a 16.5 s fe s x � 1 2 5 1.4A1e) s $ 8 15 a m R L1A ^22 23R 24R GO,26.5 26.3 2 32.2 32.1^ fm M zne faro. m fs s ,n � l50') to w n F s -� NEW SUFFOLK AVE. nss m 12 13 N51m•pa v 1 2 fn 5.1 5 7 d 8.1 3 9 O b a5 �� 15.1sc lac 9 4,1 e 1.3A(c) 5 roa rao^ 32 26A1c1 5 ffa fn q c s 5� 2.9A(C) v v ue G 3 14 5 S 5.2R of c zw 5.2 c m JACKSON 5 fro a 10 3 n fn � m JACKSON ur fn m S7.M 1d° l50') w j0 n w w fn s 1' 2 14.1 s 17- SB.1 IB.2 `J 3.lAfc) & 3.3 R 4.1 5 N w = 1.5A(c) L2A(cl 6 >r ') s 5 a ��11 7 $ '1J a arIZI\ 8 L1A(c) L8A( 8 9 10 11 �,aeq 16 O j 9 m s3 ;� $ ga or4.2 34 16 � Q la a � a n- b SApREt1NE JtiJ/-�X^/vY/J/WA_VY - .-" - BAY d+ GREAT PECONIC R '\ SEE SEC.No.134 sca.Mlm ua Ibtk tar ..� \ Sawa","the R- 96drWm Nx (21) Oehler a-- UNLESS DRAWN OTHERWISE, ALL PROPERTIES o�on Q aoa x. O F7re Uletrter ue -F-- (�pMt ___R-- ARE WITHIN THE FOLLOWING DISTRICTS. NOTICE �� sadv Ozenk.l Oven wo --- Wm� --W-�- 11etrtdM"akr t+'e -HST-- FFE a za ::T, MAINTENANCE,ALTERATION,SALE OR t ea Light IRetrlct Lkv --L-- LIGHT_ AS DISTRIBUTION OF ANY PORTION OF THE 6 Geed Am 12.1 A(d) or 123A Toes Uro --- � _ a0 WATER a Wic u°trkt(e.o --P-- emr..��pey -WR-_ FIEME SUFFOLK COUNTY TAX MAP IS PROHIBITED TdO�ed Ar'aa 12.1 A(e) YWzw len ---_ sear Peak.Len --s-_ AI(BULANOE WASTEWATER WITHOUT WRITTEN PERMISSION OF THE REAL PROPERTY TAX SERVICE AGENCY. smeWen aedNsuf x. (21) G tTemn un - -� eed lle dm p -P-- fMfwe PelAef the -_R-_ ARE WI I MN 1 RE �ULLuerlMl u1a i rat,r�. -�. Wahr DMtrkt the --W-_ NerakalwtrLt 0. SCHOOL_ 10 SEVER uAUlTENANCE,ALTERATION,SALE OR snded P1WI1(m eb taatT Lte FEE 31 H1'DwJT OWrt Oletr7cr�i° --L-- A.Ware Petrkt the-_A-_ LEH' WATER DISTRIBUTION OF ANY PORTION OF THE ®I Deed ArWa 121 A(d)or 12.1A rem Who --- PARR REFUSE SUFFOLK COUNTY TAX MAP IS PROHIBITED Gai udw Area �- N'k O11"ri Lh --P-- TaareMer Retrk)the-T►-_ 12.1 A(e) VWa LAn -___ Seca.Pe1rkY� AMBDUNCE WASTEWATER WITHOUT WRITTEN PERMISSION OF THE q _S REAL PROPERTY TAX SERVICE AGENCY. f - - -f5ydk•ey.�^`=t"" +�-irr�-,r.`=`;i'rl'.:','.h�,?c, ,;.€x5'fr-e��'ss:•ti^ -'F'uX3.,.:6e iyi �``t -a'- .s��.u: �;>;.::,•`-....d.'7y ;?tr',<.r-� £4!�sk ,.,Ya', ' - - �'t <.+.rs - �;,''1h`t:a. - ^ .lL1+yri ,lei .,§-+✓>>..G,,1�h,� - dt h` r �,.t`�x,",c: }} -.;)=•ram�,,f.!.!.-�,f4 ;3l:�i�'y.�'�",. .i'b.� p•'• `y}r,4 u:��. ,�... 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'46catiot, , equespy or��O,'Va�ianbejw. ej 'theL _i ' f W 616,W�(di.As, oon t5gelf"el-o' mg.nonc j6:i� �W5769 U"U"" R4 feet he:,',it9-2'W2, Ul"", a IfAJSJ�PeOnW',13 Watt• 0 evafff 39AA'1,bas,�:` t e ildg `2,W 4:14 ff "9.- TW* kispeetof, -INETTE k6l t T9 o,-T 9tipqq,�,"pC."Of. :#57,163, ANTO A i, . , _," " 8 0 z I ,D i s'a"p'- jR Vr fdf"W M- 0,R�P" `4�7'1_ �, trance "under,Section` 0, -ftom�ZD bgredpii Ane6jiditi6fi Pro-,:,,i4it ugu gad eal,,,No-: es hen' ejeof p 1; Notice of 3; 6;'4:-%'S9 6� isapprova conq9tinn .,kl 6 fit the top of the bank' bi"j- gppid" 6n,t'S "P. �00_ thb Long,191qnd 0 Tj',g`'U,pp . A IhF�sk u&st",13-`��_" X, 00:419:21,"t' _y, 4z and-A �i#t6d I .,,-jB ,f6ifij�tll IA SoujidL61' __�n` to-- 0 w -th" Clio ,,RXeA- au o ,��COT,gsion%,o 'a gJs1 q;�existin * -riZ6 �� v art n;,C-TW2-j-_-- as-built'�*irnl`l -f T#qJexi lo ,:pgr liffil§t�ited 'd'i 6g-' -1-l"L 1� §fi4g -2-9F, sappig jhe; en" eck - 'r (Pn a- k6Zddjit 1,1.. ...... -d !?J(;,c al�o' ippa,ivin -it nPt6d.,ufid6f:ZyA, �N&4#g ,,,f r'm&PPW :in ea,,at 50 ... OcAtion-) ,�� C� "d t p,p _35'1ee ftomthe;TedFl6t th --dftdi,"-cohstM 'the bluff,_-§�ij- Q41]�P' 6uifibld' miitation�,'on_ ijie,_at, -4� 1 JOnSi4 a 05, ?e6o`fi,j6 propose -add' back qnconstiu' 4y bul6vaid"Laur'617" noftonL '�9`30 B ohn 10-35 ' -7 t -',, -CTMi421-'.,-1,- (JL- M, - , 'I-�- A,�, ARGARET-,,,,' p yar p acem ,"t-Q 6 TRAMS.RADXC�I N§ side , Ni*oY6i Z 66ss6ty' ' '? in KIJV57) are' reset R P9 - �alendars. equest 'fo?.'a'V'- 11-ME' variance under 'tilg -rand Request f6r a,,Vdrihn MARTIN IT3/42 in th4e DENIS]! "co&-defined'iek Variance :basdd on Section -100-244 bas'ed,6fi the Request for-,-Vaiialic-g Location: 1350 Marlene T'ard)* th'd"-' 'Building% J)epartmentls Building.frisSe 'under Lane, - pector's August 11, cti' e . u S'100 and '100-231 On -33 Mattituck- CTM 144-247.``" '22,`--2605 %tice of 2005 Notice of Disapproval, based I D" on - -the Buildmf 9:05 a.m. THOMA&ANDER- j54PPTOvql concerning an addi- conceiving fleck additions to the -Inspector's' August' 3, 20.0f SON-45782. Request''for, 6-an dwelling. The existing dwelling at less'ihad40. 'amended Notice of Disapproval i a iOn,t e eXis 'Variance under Sections 160- reason:for disapproval is that feet from proval 4 - at m,the front line-and concerning,: ('I), the, proposal 242-A-ainid 100-244,based Sqctkon_j0d_jj on the A stat6'that:"no less than,-50 feet the rear lot -location of a tennis' ps( Building Inspector's August-25 b-uil4ing,-.or premises :shall- be line',on this 21,484 sq.ft.corner court at,I ereciedo� altered which is lot., 9 feet from the finont-4o, 2005'Notice of-Disapproval for thad6 Location of Pro line, and -(2) rop6kd' tennis gned e.of Road and 69435 proposed'addition`' with alter- arranged; intended,6r,de�i Sid' to_-'�li6 used, in le,o'r,m- C.R. 48 at intersection with court fencing which i�dl to the 'existing dwelling 1X4io* It lexceec fbiflany uses ex I cept part, the code's 4 ft. height liffiftatior which is,less,fhan,50 f&& from (1),Qne- NYS Route 25,,Greenport pTM, when dfro family detach ht yard anc the rear-lot lin&.' The proposed pd:dwellings,*nOt 35-1-8; will exbeed 6.5'ft:height limit'a- additioA"to ddd'a paitiat,stoked tQ.Ibxceed�'6ne'di�elling,,On'each , 10:45 - a.m. THEOD' 6R'E tign when located in a side yard will constitute alfincrease in the lot-,; The nei�,,:cOfistru&ion'is HAMS #5773., ' Request for Locatio"n'-:' d 1695 Meado*'Beael degree' 'of-tibri6onformance. P�0pqs6`d1bn,A 116iwhic1contitih' Variances under Sections 100-32 Lane, Mattituck; CTV 116-4 '.,-one; s Location: ',-1249 'Love 'Lane, more_-,tha4,-.,,,,94e, dwelling. irid, 1,00-242A, `based-'6n 'the 31, Mattitfick; CTW 1404-23.1'. Lo6ation- Of 445 Building -Inspector's -April`27� 145" Z6fiJ6Distri&:-'-Mariiid-lI Kiinio'g'pfiqr� Point Road, in. MARY, R New 2005,'N6tice of Disapproval,i R��QRN571 I. Requ6f ff 9:1Wa�.ni1'R0NLA'NWATRG- '�,�601k; CTM-T!.7_jo_I concerning proposed ' roya, BA 15-774-. Req west-'fbi"a ' ' 2" ' "' ad itioris Variances AULMALON 'and alterations' , and-P amen' de( I with.an increase 9/28/05), undeT_ Se�fions roo,Vafia=6 under Section 100-244, h5749.,'-ke4tiest-fi6t a Variance in the;.degree of,nonconfor- 242A and"100-244,based on th(' Building d,oh 6 wh6fiJocatedlegs than 60 Building-Department2s amender bis'da oil' , the ' Bui 11�d& Se6tibii'102'33, b�se mane'" Iiispectoi?g�- August- 9 20 the:Building D16partment's June front lot line, a' 05 t feet,from the t JulY,, 14, 200'5 Notice of Disapproval,,for a pro- 6,,,;2005 Notice,of,Disapproval 3805 AIvdh9 L* - Notice -o Lane; CutdfiOgue; Diq4pproval, e posed additi6i at-less- tha'n'35 concerning concerning new gruing a new accessory CTM101-2-24.4- first floor garage-proposed in a front yard , addition 6 .ftom-the-f1rorit-lot-line at 10:55 ,Lizif, foundati6n constnic. 775 Mid*o6d'R6ail (a/kld'°70 af,less,than -40''feet from BARB' ALBERX-and tion,-new.skond-stofy dOdition om;the �REIBLING*5'775. and,,new deck increasing th( Piheiw' oo,d,Rdad),.Cutchogue'; 6ode-r6quired front,lot line,"at Request' for Viriimes under &gree' 'of CTM,I W-2-,1`7. Go -C Sections, I Goose ,, reek .0 noncon ormance a, Southold- CTM,784-3. 244, 00,-30A.3 and- 100- proposed with side yard set based. on the Building backs"atless than 10 feet, Ies: Legals,next`p;�ge► "1'0:00' ' a in,, THOMAS Inspector's August 3,,,,2005: thdn D&MAGG16 15 feet,on thejemaminj �5758 '_ Request Notice,, Disapproval 66n�cerri' sid6; an(t of ing' 'a proposed lot coverage ','a Varian66_under Sections -d' with 'l,00z242A'_ arid_-100_244 based alterations -,to,.-.,the �dditi�n.and exceeding the code hmitati6ja o on- the 'existing 20%, at 575 Bea6liw6cidlRoad, ,the Building. Department's dwelling,on this8;7l2.sq-..ff.lot & h - - ' Ju66 3 0 C te ogue; CTM 116;4-'21. 11, , , 005,' Notice: of which increase the degree 'HEARING D* cr 2:25-PM RE- ,is�PpToval,cPnb�j�riiiij. a n' of setback, no (to addition which,-w-ill 6 new riconformance reconsi&r,ZBA' decision- ren- reatp 4 n when-located less thain_3$,feet dered Miy 12, �2005),'ifi the 11or6nforman' dki " �w I ce an Or increase -froin the rear,progeft:Y,line,,-and Matter,of the Application of W. tlip',degree of nonconformance 1140t_'Section__1 0-23�94B..for --BRUCI�,' 'Wfd,, MARY ANN ,_"6n_located at less than 1'0'-feet new;�-a single .construction at.less,tfian-75 BOLLMA34#5680'. Request for -side.'-�ard, -'at 735 feet from bulkhe'a' Sfia�ithi Roa* 'P`,ec d. Variances' und('z'r -Section 10 4�8 Oniq;'CTM 9,8- 1_ 1ocaiion:'0f`Pr6 ' "- 0- pprty:,-75,Islafid N4, "based"-on`--the-;Building View Drive, Grqenp.6rt;' 'QTM February 3, 2005 J0:05,,,a.m.,,AjgTjj0Ny and 57-2-32 Department's, Notice of Djg�' JOANNE KROPP #5760. 11:10 pm'- MXRIA Pp_roval, concein- 1464ite-it.Request, .--Variances-, under #57618. Re" `IRUPIA mg an-applic'ation for a'building '96ciiOfis 100-33 quests .for: (a), Pernlit-to substantially remove and 100_*'�2t Special- Exception', ,for- I or- demolish-existing, based- on "the ':d dW61fing, ' ^1 'July' �.' Building 1-iiatily',di�611inj 0-construct a.-new, ,s-, 12, 100-31H,� and' Si_�,e inspector, 1 0, 'i g, under SPcti6ji and"to Notice, f Disapproval 2 05 at ssn 18approyal Variamce_'u An n Z,F '312 10,feet o�I'jj smgle' at (a)Proposed addi- Bulk.Schedule,,for aiw,&kamily less,thdn.25 "feet corfibine' §Ons•atid'alteiatj` less th�� P114on,41ot containing-less at dw side 15 -1,ess bards (3), ;�Wth J& c6vejpge (b Je&,on a,sin than square.,,fe�t �,'In, ' e exceeding-the cod6 limita' ' g e,side yard; tidfi' Proposed construction of a PYetit a variance aiid,,sp6cial 20 new,-accessory-,�-sl�ed,-,��iih,'ii6* exception js'not,granted,-author- percent and,'(4)'at l6ssihan o he!ght,',repIa9Pg_- e ;qxikifig iza'on is rqquested,f 1 75,,:feet.'_ftom',Jhe, bulkhedd. §hed;!and constru occupan L6`cittio'n I ' . '.I ctign,of dne�� cy', in-a- unit 'of the.,existing Trunians ,of P accessory garage/shed in'4 loca- dwelling- h, _�ast, Marion: iioi,raf less ,than to -care ,for family CIM 3 1- P i. f - member(s)t altered artd,6rilarjed 1344 required I'V6 ,) an the code 2:50: ' - feet. Location for separate P.m. 'JENNIFER. 13 living floor' area 60ULD," #5781 of,Property: 360 Riley Avenue, accessory to, c6n&&ffijng the�single-family premises.owned.by W. BRUCE Maitituck;CTM 143-5--8.' dwelling..,Location: 1,05'Brow' 'er and MARL'ANN, BOLL 10:15 a.m. PAULand LINDA Road, Mattituck; CTM 107-8- This,isdnAppeafto-f MAN* ,ZENESKI#5767. Request for a 34. Zone: R-40,Residpittial., Decisions I of, I evokethe -Variance under'Se6tion '100-83 1:15 p.m. PETER JZ20 Inspector , he Building based' on the Building #5765. , Request for Permit to Jssiie Building .Variances Permit No. 31232-z 6ted,liine Inspector's July 13,2005 Vnti(-,- under'See.tinn inn-')AA L � _ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel-(516)765-4330 Fax:: (516)765-4643 October 13 , 2005 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE:Benedict Pollio SCTM# 1000-117-10-1 Re-scheduled Hearing Date: October 20, 2005 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. Ver truly y u s, ATRI A 11E By Betsy P ins, LA by Encls . ' s ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -------------------------------------------------x In the Matter of the Application of AFFIDAVIT BENEDICT POLLIO OF (Name of Applicant) MAILINGS CTM Parcel#1000-117-10-1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Betsy Perkins,residing at Mattituck,New York, being duly sworn, depose and say that: On the 12rn day of October, 2005, I personally mailed at the United States Post Office in Southold,New York,by CERTIFIED MAIL,RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Sout o Post Office on said date. etsy Perki i ature) Sworn to before me this 13 Tft day of October, 2005 ( otary Public) MARGARET C. RUTKOWSIG Notary Public,State of New York No. 4982528 Qualified in Suffolk County PLEASE list, on tWiel�ao�c oTit�iias� i zaa c? on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. A BENEDICT POLLIO NEIGHBOR MAILING LIST SCTM: 1000-117-10-1 KIMONGENOR POINT CO. C/O WILLIAM ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 1000-116-6-24.1 ADELAIDE FENTON 300 JACKSON STREET PO BOX 611 NEW SUFFOLK NY 11956 1000-117-10-2 KIMONGENOR POINT CO. C/O WILLIAM ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 1000-117-9-1 ROBERT JONES &WIFE PO BOX 124 NEW SUFFOLK NY 11956 1000-117-9-2 G a RECEIPT F,�."PT RECEIPT RECEIPT 7192 6463 3110 1000 1205 7192 6463 3110 1000 1199 7192 6463 3110 1000 1182 7192 6463 3110 1000 1212 FROM. FROM: FROM: FROM: iPatricia C.Moore,Esq Patricia C Moore,Esq I Patricia C Moore,Esq Patricia C Moore,Esq. y RE POLLIO NEW HEARING DP RE POLLIO NEW HEARING DP I RE*POLLIO NEW HEARING DP RE POLLIO NEW HEARING DP I SEND TO: SEND TO SEND TO: SEND TO: KIMONGENOR POINT CO ADELAIDE FENTON I KIMONGENOR POINT CO ROBERT JONES$WIFE C/O WILLIAM ARCHER I 300 JACKSON STREET C/O WILLIAM ARCHER PO BOX 124 j 29 GREEN MEADOW LANE PO BOX 611 i 29 GREEN MEADOW LANE NEW SUFFOLK NY 11956 HUNTINGTON NY 11743 NEW SUFFOLK NY 11956 l HUNTINGTON NY 11743 FEES. FEES: tl. FEES' FEES s n I Postage 037 Postage 037 I Postage 037 0 037 f Certified Fee 230 Certified F 2.30 Certified Fee 230 Ce ied Fee 230 R ^ 1.75 Retu C 1 75 I Retu�.R \ 175 R um Receipt N 75 estri •/ Re ict I R.�t I t1 estricted� 9� O OT $ .42 TO AL $\� T A tl d $4 42pZ U a�42 S�QIC �j E O , �9��T€� �P STMA*�RKO^gRE �TMARK O®ATE IL — -- --- prD(o� 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 LOCATION OF ZBA OFFICE: 1st Floor- North Fork Bank Building 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net October , 2005 Re: Town Code Chapter 58 - Public Notices for Thursday, October 20, 2005 Hearings Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The new Notice will be published in the next issue of the Long Island Traveler newspaper. 1) Before October 12tn: It is recommended that certified mailings be sent to confirm the October 20, 2005 Hearing, continued from the September 29, 2005 calendar. If any neighbor objects or has concerns, a telephone call to your neighbors may not be sufficient. It is best to send the mailing, rather than having a delay due to-a possible objection or challenge at a future date by anyone who may feel they are aggrieved. This notification step will be left to your discretion. 2) Before October 13th: Please modify the sign at your property to show the new time and date (or call us, and we will be glad to send you a new sign.) 3) Before October 17tn: For permanent record-keeping purposes, please confirm on the attached Affidavit of Mailing form how notice was, given to adjacent landowners. The Affidavit may be mailed to us, or you may furnish it to us when you attend the October 20, 2005 Hearing. We extend our apologies for the inconvenience in recalendaring your application from September 29tn to October 201n Very truly yours, -Zoning Appeals Board and Staff — - -- Ends.�a) i r 1 Copies of Legal Notice for 10/20/05 PH Also on 10/4 mailed by ZBA staff, to: Mr. and Mrs. Joseph Fenton 300 Jackson Street P.O. Box 611 New Suffolk,NY 11956 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and*address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) Cpaty of Deli ■ Attach this card to the back of the mailpiece, _G or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No KIm o��nor G�aa� /�)ca oho w 3. Service Type A -2 ❑Certified Mail ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) Yes 2. Article Number 7002 0860 00.03 .8915 3336 (Transfer,from-servlce�laoel , ' S ; PS Form 381'1,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage$Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Boulevard Planning East P.C. 32645 Main Road Cutchogue,N.Y.11935 www.blvdplan.coYn 6 1 i l l !i i J.H y�l� C �l/' . •► �K�Lr/»����.'/6�Yx�]�[.]i�L�ld/.7��PJ�ei ,■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ddressee so that we can return the card to you. 4g., e Iv b ( n Npme) C. Dat o Deli ■ Attach this card to the back of the mailpiece, y,/UI or on the front if space permits. D. Is delivery address different from Item 1?' s 05 1. Article Addressed to: / If YES,enter delivery dd below: 0,No C -�v 'Pd ��r A���aF�l� �n Mwti -AOIV_ 1jyWS&- 10611 30o Tack -5on S Cw S� -�� ' 3. Service Type TTlo Certified Mall ❑Express Mall N Nye !l ys� ❑ ❑Registered 13 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number a86a ppp3 8915 3329 (Transfe i from se-, /abeQ.; i ?2 0 2 Y! 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ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK AUG 1 6 2]PALS --------------------------------------------------- In the Matter of the Application of YOINIING (BOARD OF AFFIDAVIT BCAedie ///® OF MAILINGS (Name of Applicants) CTM Parcel#1000- J f'7 - 10 - I ---- ------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, A0 Z- e� e-7 residing at �2��, 4 n Cv IC A o ,c -G ,New York,being duly sworn, depose and say that: On the 2 day of v ,20®S, I personally mailed at the United States Post Office in y e 6k-e ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the( )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. ignature) Sworn to before me this day of c)U-4 , 200 S� _Y J:li! .0,7Ui,Q11f "�ublic) KID if1E i iii "s° '1 UO(f j { 4 P i5t, on the back of this1ff fdavit or on a sheet�of:paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you, a c, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT p /_ OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- //7 -I o - I -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) 4 44 6 �- residing at New York, being duly sworn, depose and say that: C� Mn (fin the_0^day of v vs-1 ,Zoos-', I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to treat date of the subject hearing date,which hearing date was shown to be ( igna re) Sworn to before me this day of c , 200 WT AAA i ea E.sTtJWF Qstate of N"yo* No.4856J96, ual,1Q'n has ublic) 1Ferm ExpEtes J5: *near the entrance or driveway entrance of my property,as the area most visible to passersby. 1 THE KIMOGENOR POINT COMPANY MAR 2 '� LIMITED POWER OF .",TTORNEY TO HAREHOLDER/TENANT/OR AGENT THE KIMOGENOR POINT COMPANY, (the "Corporation") of New Suffolk, New York by its duly authorized officer below hereby appoints Benedict J Pollio as its Attorney-in-Fact to act in its place and stead in any way in which it might do so as if it were personally present with respect to only the following matters: The currently proposed renovations with respect to the house on Kimogenor Point, New Suffolk, New York known as Cottage No. 12 and sometimes referred to as 445 Kimogenor Point Road (off Jackson Avenue) at New Suffolk, New York 11956 owned by Anne L. Pollio and occupied by her as a Tenant under a perpetual lease with The Kimogenor Point Company as Landlord; and to make application to the Town of Southold or an extension thereof in connection therewith and to take all other action directly or indirectly related to the same; and to sign, acknowledge, authorize or consent in the name of the Corporation in connection with all of such matters. IN WITNESS WHEREOF, The Kimogenor Point Company has hereby signed the foregoing this_day of March 2005. THE KIMO OR OINT COMPANY BY- Robert Fox, President State of Connecticut ) ss.: County of r Itc ) On the �—day of March in the year 2005, before me,the undersigned, a Notary Public in and for said State, personally appeared ROBERT FOX, personally known to me who being by me duly sworn, did depose and say that he resides at 226 WEST LANE, RIDGEFIELD, CT 06877 that he is the PRESIDENT of THE KIMOGENOR POINT COMPANY the Corporation described in and which executed the foregoing instrument; and that he signed his name thereto by order of the Board of Directors of said Corporation. Notary Public MONNIE NEWMAN M1'CO""'114 E p RES 513112009 l ANNE L. POLLIO (OFFICE) 1461 FRANKLIN AVENUE GARDEN CITY, NY 11530 (516 248-250 ' FAX: (516)2480438 1' March 4, 2005 Mr. Michael Verity, Principal Building Department Town of Southold P.O.Box 1179 Southold,NY 11971 Re: Anne L. Pollio Residence at Kimogenor Point(off Jackson Street), New Suffolk,New York(445 Kimogenor Point Road) New Suffolk,NY 11956 Application for Extension of Permit No. 27357Z Dated June 6, 2001 Dear Mr. Verity: In accordance with your conversation with my husband, Benedict J. Pollio, please accept this letter as my request and the request of The Kimogenor Point Company, for an extension of the above Permit No. 27357Z of June 6, 2001 for my house. I have attached an original Power of Attorney to my husband from The Kimogenor Point Company so that he can act as an agent for The Kimogenor Point Company in connection with this matter. Thank you for your kind attention. An L. Pollio Co-Applicant TH4ne' G NO POINT COMPANY BY . Pollio as Agent or Attorney-In-Fact for The Kimogenor Point Company under The Power of Attorney of March , 2005 l � '� 0 - LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 18,'2005 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, August 18, 2005, at the time noted below (or as soon thereafter as possible): 9:50 a.m. BENEDICT POLLIO #5753. Request for a Variance, based on the Building Department's March 22, 2005 Notice of Disapproval concerning an addition to an existing dwelling. The reason for disapproval is that Section 100-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except ... (1) One-family detached dwellings, not to exceed one dwelling on each lot. The new construction is proposed on a lot which contains more than one dwelling. Location of Property: 445 Kimogenor Point Road, New Suffolk; CTM 117- 10-1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard 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. If you have questions, please do not hesitate to call (631) 765-1809. Dated: July 19, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski .�J If' T y wn: f.- thold ZBA �a o o. 4O App. Name O Tax Ma O File No. �❑ II SE [Board`Member James Dinizio Search: ❑ Unliste " ❑ Other Hearing Tim_ e: � 5:24 PM ; 1 3" - a�—.-. F File Number' S753 Tax'Map' App. Name: Pollio, Benedict ,Received Date: 7/6/20051ITot. Fees:• Hamlet New SufFolk Type Residential Zone`; R-40 "Date forwarded to Town Clerk ° ----�..� - � •- ---_-.-,.� ` •, Status Action Meeting mg Dept. ting Dates Build' Location 445 Kimogenor Point Road l g Meefing Date -� ND Date /22/2005_1' Shorter - "—� p, Hearing Date NO Date Multiple dwellings on one lot; Art. III Sec. 100-31 Desc. Hearing Date ND Date copy 1 _ �I HearingV Date . ND Date -= g -- -- - - - - HearinDate �� ND Date ,��-•'_`v Notes' 1- Hearing-Date - ND Date- . i• �. Action Date! , ND Date - ,7%7/2005" 1:40 PM CAPS NUM Developedby the Southold-Town Data Pmcessing�Department NoTlk. t utm HtA ; INS The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : . 'AME : POLLIO , BENEDICT #5753 PIAP # : 11 7- 1 0- 1 APPEAL : Variance for Addition r-,EQUESTm. Existing Multiple Dwellings DATE : THURS . , AUGUST 18 , 9 .N50 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 . ONING BOARD-TOWN OF SOUTHOLD 765= 1 809 l • • ks olv WE5T CREEK oUNo 'S'7' i Z O 11-1/2 STORY • RAME HOUSE — F— w — z Q LAND LAwN Q EXISTING NEIGHBORING II SANITARY SYSTEM TO Q REMAIN I STORY STRUG Z L u OD BULK _ I STORY EXISTING NEIGHBORI FRAME HOUSE SANITARY SYSTEM T Z O MAIN NO SANITARY FACILITIE5 R O ~ TH15 STRUCTURE (CLUBHO ) WOOD BULKHEAD WOOD BULKHEAD PROPERTY LINE PROP05W NEW 5 POOL SHALLOW SANITARY SYSTEM. ... 5UFFOLK COUNTY WATER Z O SEE ATTACHED SITE PLAN FOR ail AUTHORITY UNDERGROUND WATER W = LAYOUT 8 DETAILS (—I/2 STOR MAIN V RAMS HOUSE F- �� ARCHER v RES T DENGE GRAVEL OR CANAL LAWN ITE TA BEACH EXISTING CESSPOOLS SCTM # 1000-116-06-24.1 TO BE ABANDONED 4TQR1�( FILLED w/SAND F HOUs PROPERTY: KIMOGENOR POINT, INC. 50 JACKSON STREET Z• 5UFFO COUNTY WATER NEW SUFFOLK, NY co a• W AUTHORI UNDERGROUND WATER APPARENT HIGH WATER MARK MAIN OWNER. c/o ROBERT FOX w � 3 Ex15TING NEIGHBORING 226 WEST LANE ~ a z LL Dw• � � w SANITARY SYSTEM TO RIDGEFIELD, CT 06877 a N REMAIN : . w• N � I ' I � . .. .. . . .: . . . .. ate• SITE: 257 004.00 SQ. FT.+/- = 5.90 AC. y N• ` I 5 AREA ZONING: R-40 FLOOD: AE (Elevation 8) ZONE EXISTING NEIGHBORING SANITARY SYSTEM TO SURVEYOR: JOSEPH A. INGEGNO BEACH REMAIN isr PO BOX 1931 Q� RIVERHEAD, NY 11901 6RE A7 fFECON1 G BAY LICENCE NO. 49668 PROJECT NO: 0307 DATED: MAY 16, 2003 ., DRAWN BY: RJB EXISTING NIEIGHBORI CHECKED BY: \ \� '• . . TICS5ANITARY SYSTEM TO , REMAIN DATE: 11/03103 . NOTES 111111 SCALE: = 30 -0 SURVEY INFORMATION v /� SUPPLEMENTED w/ADDITIONAL SHEET TITLE: INFORMATION FROM AERIAL PHOTOGRAPH AND FIELD SURVEY .1 A A APPARENT HIGH WATER MARK BY ARCHITECT FULL SITE A C L E . 1 30'S _ . PLAN PROPERTY LINE BEACH SHEET NO: SEP 2 S t J v'T t