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Home My WebLink About6127 C�.J'Ji �%%G:'�� r`�ff t_%�. `��g�,�11f=�17'��.��rt//�l •�f� - ---_ -11-----___--,r-- t f p r • 6 � i `; j� APPEALS BOARD MEMBERS`- _. *OF $Q(��y Mailing Address: Gerard P. Goehringer, Chairman �p� �� Southold Town Hall 53095 Main Road-P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman IyCQQ , 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED I- TOWN (631)765-1809-Fax(631)765-9064 / VAY2 2 2008 FINDINGS, DELIBERATIONS AND DETERMINATIO Q MEETING OF May 8, 2008 Southold..__OWn_Cle ZBA# 6127 —PAUL and MAUREEN CACIOPPO Property Location: 735 Jackson Street, New Suffolk CTM 117-9-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further review under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 134,055 square foot nonconforming parcel is located in an R-40 Low-Density Residential Zone District with 100 feet along Jackson Street. The property is improved with a single-family dwelling and accessory cottage building. BASIS OF APPLICATION: Requested are variances based on the Building Inspector's Section 280-124, based on the Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in-ground swimming pool, which will exceed the code limitation of 20% lot coverage. ADDITIONAL INFORMATION: The property is improved with a house and accessory cottage building, which were the subject of variance under# 6020 dated 5- 30-2007. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 2008 and April 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence; the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The Applicant's original application proposed an accessory 18' x 30' in-ground swimming pool, which was denied for the Pag02—May 8, 2008 - ZBA#6127—P.and M. Cacioppo CTM 117-9-6 reason the lot coverage would be 23.4% instead of the 20% code limitation under Section 280-124. AMENDED VARIANCE RELIEF REQUESTED: On March 19, 2008, the applicant by their agent submitted an amended plan dated March 12, 2008 as an alternative, showing a reduction in the size of the swimming pool from 18' x 30' to 15' x 25', and reducing the lot coverage percentage for more conformity with the code requirements. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the alternative relief, as amended by applicant, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In discussions with the applicant over the excess lot coverage and neighboring concerns, the applicant made the following amendments to their proposal: Evergreen scrubs will be planted and maintained along the rear fence and at least 15 feet along the wood fence, along the east wall of the pool. The pool heater and pump equipment will be placed at the east side of the pool and will be soundproofed. The water to fill the pool will be brought from an outside contractor. There will be an overflow well for drainage of the pool water. The pool size will be reduced from 18' x 30' pool to 15' x 25'. The lot coverage as amended will result in a maximum of 22.1%. This alternative reduces the variance relief and screening will provide visual buffers so that it is not easily visible from adjacent properties. The 22.1% lot coverage is the maximum the Board will approve. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than as area variance. 3. Town Law §267-b(3)(b)(3). The relief that was requested for 23.4% lot coverage is substantial. The amended requested for 22.1% lot coverage is less and will provide greater conformity to the code requirement, and will result in a smaller pool of 375 square feet, of which 274 square feet is over the code limitation of 20% by 2.1%. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created insofar as the applicant desires to build an accessory swimming pool. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that the relief as granted for alternative relief will have an adverse impact on the physical or environmental conditions in the neighborhood. Page13—May 8, 2008 ZBA#6127—P. and M. Cadoppo CTM 117-9-6 6. Grant of the alternative relief, as amended, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool, while preserving the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to Grant the variance as amended, as shown on Map SP-1 (Project No. 0643) last- dated March 12, 2008, prepared by Peconic Permit Expediting, subject to the following Conditions: 1. The existing stockade fencing shall be maintained at a height as exists of 6 feet tall, and evergreen scrubs shall be planted at 4 ft. separated intervals, 6' to 8' tall, continuously maintained along the west and north borders. 2. The pool shall be open to the sky (not roofed over-or enclosed). 3. The pool shall be fenced in, as per Codes. 4. No outdoor lighting of the pool for nighttime use. 5. The landowner shall plant evergreen scrubs along the northern border and at least 15 feet along the eastern fence wood fence near the east wall of the pool. 6. The pool equipment (pump/heater/filter) shall be placed at the east side of the pool and shall be soundproofed. 7. The water for the pool will be brought from another location by truck or other contracting service, and shall not be from the owner's premises or a well. 8. There shall be a drywell for overflow of pool water and proper drainage. 9. The pool size shall be reduced from 18'x30' to 15'x25'. 10. The lot coverage is limited to a maximum of 22.1%. That the above ZBA conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This PagA—May 8,2008 _ ZBA#6127—P.and M. Cacioppo CTM 117-9-6 action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Mem ehYonpet`e`� hairman), Oliva, Dinizio, Simon, and Weisman. This ResoI&o�lyd i f�. .� ,GERARD P. GOEHRING , CHAI MAN 5/zo /2008 t`Approved for Filing DWELL LNG LEGEND --- FL - / s/'5° ADDITIONS ,� 40��rt _ PP�OPOSED EVERGREEN o. 4 r `; .. . 5f1RU8BERY TO MITIGATE TG - TOPof GF'A TE ELEv, � � ALTERATIONS � 3' - (CATCH BASIN) -+ 1, �` SOUND FP.OM POOL y EQUI PTMENT _ _ - '� F$ y CL CENTER LINE Of 5TREFT ExI STI NG SNOOD t jj FENCE TC - TOP OF CURB ELEV. I1 1 I S] 72.5 - EXISTING 5f OT ELEV. CrACIO' '5I1 = S� F- 11 PPO N5T - N _W 5C>'TIC TAMr\ I��►!� "" MY - NEW LEAC111I�G Pool RESIDENCE _ �Q 111RII1,-4,- ,� �L NDW - NEW PPYAVFLL T G E cv o — r r�l! ` " / 8 2 24 v I I PROF05ED WOOD EY15TINc CONTOURS �, 25• I�! � .IACI�SON STREET 0 I FENCE TO MITIGATE �� W 2 r C _ - eG t �' I EQUIPTMCNT U15TING �, ATER 5FF,VICf NE B SUI�I�OL,I N I � 0 FROF05ED ' SOUND G G INGROUND O r EVV GA5 5ERVICL POOL I-- If PROP05 1f NEW U.G. t LE_CTRIC 5EF,VIC1= PERGO Lj-- 0 a, c S.C.T.M. ## 1000-90-4-07 O , (\ ' rr:lg OrZN C.I.G rAT,, S N 17111 SOLID V G:Ov1 rz PROPOSED CHAIN (� d: NEIJ REVISIONS DATE; w EXISTING ATEP, LINK FENCE AS \� P,�OP05ED � o SUPPLY INE TO PER, N.Y.S. CODE LOCATION OF POOL FOP' ZBA APPLICATION 2-2.3-07 Ci COTTAG PUMPHEATER f o 5CDH5 G-- 12-07 PROPOSED A.FFLlCATION _i E;XI5TIN �: LOCATION OF —' A�SP{1AI � OVEF,FLO�N POOL FOP— Bu1LDlr�!G FF`';r�riT ! o- 15-07 o (�/ w FOB; CON5TRUCTlON 1 1 - 1 5-07 W o D?RIVE AY TO �� 2 J A5 PLF, CLIDNT 1 1 - 19-07 o � ° BC RE OVED cv 01ANIIGE5 po � V � .� �D �', cU ��- r o A FGF CLIENT 1 1 -25-07 �. CrAN GE5 Q 22 � POOL ZDA AFT UCAT;ON 1 -7-08- 21 � __j 12-08 F �0 o z o ME0 ►- o n LLJ >_IOLI LL- . �— z Ll-j ° a' o00 , tTj In O Q v c() Q 5. or � co ID �Q FINAL AP >. - PECONIC PERMIT FARO "� Q REVItWitD BY , A EXPEDITING EL,20, ETgq Cr o I ` F SEE DECISION' 32645 MAIN ROAD Q o CUTCI-IOGUI , N.Y. 11935 C� co 631 .734.8361 co BOULEVARD PUNNING P.C. --`` co IV7�°3 . ARCM"I,EC"1-S ENGINEERS � o(�rr - 32645 MAIN ROAD C(1"TCI IOGUf , N.Y. 11935 i 1 f'It'phollC Fox '201 EL 631-734-201 1 631-734-2276 T °o. o°' Internet: Nvxvxv.b1vd pIaIl.C:01T7 '• 7-Ep (, 1!11'SI I'! ANN AN1)API ( !II( 1 I WV,Al 1 1`ti I PI'111 N 1 ti 01 1.I 1,\T'1 ANP.ARI TI II'pl,0ITRl b"W 1(( 171 1 �'1 M I'I ANNIN(; -,y� \ V/C� "rao INIRIN61 Nit NI-s'\,11.1.III f'I:()sI (TIID \ nA'l-I:: 2-1-07 DR. BY: R V," 1, SITE PLAN F c 7 ,._ SITE AND ZONING DATA F �� ,3n F:: ;a SCALE: i - I Q , ^ srC�o2o: c�ATE,) `=5-3-s iC�-o7 SCAI.1�• AS Nc)'1�I;D ZONING K'-"0 EXISTING CONDITION5 t Ff:OF05ED CON5TRUCTION CI11�1): J.S. Z_BA, CA5Ft' G020; MAY 10. 2007 _ LOT AF FA 13, 055 5.F. 13, 055 S.F. FRONT YAM 5F:TE3ACK 35.0 FT 37. 2 FT 37, 2 FT RFAF YARD 5FTFACr, 32.0 I 50. F 1 50. 4 FT 50F. YAr D 5CT1.�ACK 10.0 FT 20. 75 FT 20. 75 FT TOTAL_ (,7z) BOTH 51DL5 2 5_0 FT 5 ! . 05 FT 5 1 . 05 FT. MAX. GRO55 f�i-OO'. ARFA 2 1 .4`15 2, 5 1 ;), 5.F.- 1 9. 25°-o 2888. 0 S.F. 22. 1 _ _ �1A,kiI�U'\1 11`!�=NT 35.0' f T 15. O' FT 2.5. 0' FT -" 06/E .� �G a1 0 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �� SOUrIfo 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer 00 Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider yCoUNT`1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631) 765-9064 April 27, 2016 Timothy P. Coffey 44900 Route 25 Southold,NY 11971 RE: ZBA#6127 -Fogarty Dear Mr. Coffey: I have reviewed your letter dated April 20, 2016 requesting a de minimus determination in the above referenced ZBA decision.Your proposal to demolish the existing in-ground swimming pool and replace it with a new in-ground swimming in the same location with total square footage of the pool to be 375 sq. ft. is shown on the following documents which you submitted with your request: two parcel site plan sheets date stamped received by the ZBA office on April22, 2016. Based upon the information provided above,I have determined that your requested modification is de minimus in nature because no additional nonconformity will be created, and the intent of the original ZBA decision will not be altered.However,the proposed wood fencing around the pool is not enough to mitigate the sound from the pool equipment and a separate sound proof enclosure is required as noted in the conditions as condition number(6)six.Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit.If you have any questions, please call the office. S' cere y, Leslie Kanes Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector Timothy Coffey Timothy Coffey Nursery/Landscape, Inc. 44900 Route 25, Southold NY 11971-4659 631-765-2554 • Fax 631-765-2507 Nursery << ,, RECEIVED C'70'1" r the earth sine 1965 APR 2 2 2016 ZONING BOARD OF APPEALS April 20, 2016 TO: Southold Zoning Board of Appeals SUBJECT: Alteration to Permitted Pool Location RE: ZBA #6127 Thomas Fogarty 735 Jackson Street New Suffolk, NY On May 22, 2008, the Zoning Board approved the location of a pool with a pool size not to exceed 15 ft. x 25 ft. (375 square feet) . On behalf of the owner, I respectfully request a diminimus letter approving a modification as follows: That the existing pool will be removed and a new inground pool be situated as shown on the attached plan. The new proposed inground pool will not exceed the maximum allow- able square footage (375 sq.ft. ) which was previously approved so as not to exceed the maximum allowable lot coverage of 22. 10. All other conditions listed in the permit will be adhered to and not altered. In effect, my request is to simply submit a modified site plan for a new pool to replace the previously approved site plan. En- closed find a copy of ZBA Permit #6127, the previously approved inground pool location and size and a proposed modified pool location in a different configuration, but not exceeding the maximum approved size (375 sq.ft. ) . Also enclosed is authorization from the owner to represent him in this matter. Thank you for your consideration in this matter. Sincer e Encls. Timmothy P. Coffey D wELL, lVe APR 222 D �, 1'' .40' ,1 POSED EVERGREEN O 016 �� PROPOSED BY:__� rah_ SHRUBBERY TO MITIGATE. - -__ A m 11fS '3•�' SOUND FROM POOL EQUIPTMENT FI L MAP x EXi5T[NG WOOD R IEWED BY Z13A k FENCE S DECISION #� • S D ED 11 9 / F� m p R X`-'--x COT GE � o X �8 2,41 _ 2� �, � 25. PROPOSED WOOD t� Q' 2�• �+ � FENCE TO MITIGATE C) EQUIPTMENT 0) 26 O PROP05ED ? SOUND - INGROUND U ` POOL PROPOS PERG0 Q O PROPOSED CHAIN � � EXISTING ER LINK FENCE AS PROPOSED � Q PER N.Y:S. CODE SUPPLY INE TO LOCATION OF POOL� 0✓ U � w COTTAG PUMP HEATER 0 < �- PROPOSED U < EX15TI N LOCATION OF `J A5PHA OVERFLOW POOL 0 Z DRIVE AY TO a C) 0 BE RE OVED Q LL C) 42.,3 - < : �• '�-� v 00 ro 15. 01 o) C 1DE YARDEt �- F 0 K � a � l°o''w D0 o 0 VAC SITE PLANT SITE AN SCALE: Q'I "= i 20NING REQUIREMENT5 PER R-40 E ZI3A CASE# G020; MAY 10, 2007 I 1 YVl LOT AREA FRONT YARD 5ETBACK 35.0 FT FINAL MAP REAR YARD 5MACK 32.0 REVIEWED BY �3A ��S�I� SIDE YARD SETBACK � 0.0 FT D TOTAL @ BOTH 51DE5 25.0 fT SEE DECISION # ppR 2 2 2016 MAX. GRO55 FLOOR AREA 21 .45/o r DATED_ 1! 1 l MAXIMUM Hi IGHT 35.0' FT T-, ar "1J FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 27, 2007 TO: Peconic Expediting(Cacioppo) 32645 Main Road Cutchogue,NY 11935 Please take notice that your application dated December 19, 2007 � MENE� For permit to construct an accessory in-ground swimming pool at JAN 10 2008 Location of property 735 Jackson St.,New Suffolk,NY �' lo��`/ BOARD OF APPEALS County Tax Map No. 1000 - Section 117 Block 9 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 200-124, which allows a maximum lot coverage of 20 percent. Following the proposed construction,total lot coverage will be 23.4%. Authorized Signature CC: file,Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. V REY OE PROPERTYTE: NEW SUFFOLK : SOUTHOLD N OLK COUNTY, NY SURVEYED 07-23-2007 W E SUFFOLK COUNTY TAX# 1000--117-q -6 S CERTnM TO: CACTOPPO LIVING TRUST uI Z u� C wFCC w z AND Nopv O 0 U�0 ARR N A RMF�Y WF�� DWECC/NG NT GP: iCp; m� >l L- 0 goo S7So�� m L I n� f(j�FL�I STORY m °\o\ [1n Ia ° �Q 24.3S \O 2.4' 0!LQ -Z zz'' 00 N w—�,-1 u ' - oR41ZL fY uj —I 1�O 42.3 0 z z -I ZZ P%Z4 Sib �g UUU Z / �•gyp, r// ,f/� � '"''�� ,i /./!Y � h/ � �� .� 5 S� 5 }qV t 1.�r:,�sl�lD--�+f,Y�•�j�p �ti z�;�116r�r. iP#^ �� J9//�; �A�4� y`�'Ct�' Y v �yAT�R WFCC�Nc rp P2prlC I i . , ... NOTES: �«.. MONUMENT FOUND ELEVATIONS REFERENCE SUFFOLK COUNTY TOPO MAPS +eP- m AREA = 13055 S.F.OR 0.2g97 Acres s ' JOHN C. EHLERS LAND SURVEYOR 6RAPHIG SGALE I"= 30' 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 RIVERHEAD,N.Y.11901 369-8288 Fax 369-8287 REF.\\Compagserver\pros\07\07-179.pro APPLICATION TO THE SOUTHOLD TOWN BOARi. __ APPEALS For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: AN 10 200 House No.7 Street T-ac 45an ��r�e Hamlet I11ew Or APPEALS SCTM 1000 Section 117 Block—q—Lot(s) 6 Lot Size/3 O,Ss Sf Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED J2— — O 7 BASED ON MAP DATED /1—/8— 07 Applicant(s)/Owner(s): �LLU /r l/ly!eGh `r G/apd O MailingAddress: BO X ::Z I Ne&v svfj0l&�,� y Telephone: Fax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: )9,-,CO n or, P��m,Txn/ �i�for OO Owner,or ( )Other: Agent's Address:__ j�p �,j Gt i�I /�p�, �y-fG�i p-;L G,�/V yi/9 9? Telephone /3,0— B 6l Fax#: ZZ� Email: Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or KAuthorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 12- 07 and DENIED AN APPLICATION DATED /2—/8-D 7 FOR: )KBuilding Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article.XKI/1 Section 280- /2 1 Subsection Type of Appeal. An Appeal is made for: )KA Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appealXhas, ❑has not been made at any time with respect to this property,UNDER Appeal No. g2,Q Year_d 7 (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Pa /,`o,vrC6✓7 e a G/Orf a k y�File# REASONS FOR APPEAL(additional sheets may be used with Preparer's sienature) AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: 1- loleeeg& See a gad d , (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: I�IG�S� f Gt GC�Ia G (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ��GctSG SGG 4 T�aGdl GOl • (5) Has the alleged difficulty been self-created? KYes,or ( )No. Are there Covenants and Restrictions concerning this land: ❑ No. ,%Yes (please furnish covy). This is the MININWM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUES , AN PL E COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to cons r a ey.) gnature of AppiTlWor Authorized Agent (Agent must submit written Authorization from Owner) Sworn to ore me this Xr day of ,20/off•'_. 10�_��/� LZI::7 Notary Public PETER R. MCGREEW NOTARY PUBLIC-STATE OF NEW YORK No. 02MC6131514 Qualified in Suffolk County My Commission Expires August 08, 2009 JAN 10 2008 BOARD OF APPEALS PECONIC PERMIT EXPEDITING 3 x Building / DEC / Variance / Marine �.� 32645 Main Road•Cutchogue,NY 11935 E-Mail neconicnermitsnontonline.net Ph 631.734.8361 •Fx 631.734.2276 ZBA Questions — Cacioppo 735 Jackson St 1.) Due to the fact that the structure proposed is an in ground pool, there is no mass or architectural elements to be detrimental to the community. 2.) Due to the location in the rear yard, and the existence of a previously permitted structure there is no other alternative but a variance. 3.) The amount of relief is minor as this is a pool application, and not a structure. 4.) There will be no impact since this structure is to be placed in the ground. APPEALS BOARD MEMBER. �QF S0 Mailing Address: Gerard P. Goehringer, Chairman �p� T�lO Southold Town Hall 53095 Main Road•P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Q Office Location: Michael A. Simon 'O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 1yC00tM, 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 21, 2008 Mr. Robert Lehnert Peconic Permit Expediting 32645 Main road Cutchogue, NY 11935 Re: ZBA# 6127 —Variance Determination (Cacioppo) Dear Mr. Lehnert:: Please find enclosed a copy of the variance determination with conditions, rendered by the Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed variance with all the required maps at the time of submitting your application to the Building Department for a building permit. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision 5/21/08 to: Building Department CA f CCONIC PERMIT EXPEDITING > '� Building / DEC / Variance / Marine 32645 Main Road•Cutchogue,NY 11935 E-Mail peconigpermitsagoptonline.net Ph 631.734.8361 •Fx 631.734.2276 'RECE N E� March 19, 2008 U o� MAR 19 2009 P Board of Appeals �j,�Q �/c� Town of Southold 7 pF �PPEALS P.O. Box 1179 BOARD Southold,NY 11971-0959 RE: Postponed hearing- Revised plans Paul and Maureen Cacciopo#6127 To the Zoning Board of Appeals of the Town of Southold, Regarding the request for a variance under section 280-124,based on the Building Inspector's December 27,2007. And Notice of Disapproval concerning the location of an accessory in-ground swimming pool, which will exceed the code limitation of 20%lot coverage, at 735 Jackson St,New Suffolk CTM 117-9-6. The attached plans are revised to address the concerns of the board: 1.) Illustrates proposed wood fence and shrubs to mitigate/buffer minimal pool equipment sounds. 2.) Provides location of pump &heater for review. 3.) Well for proposed location of overflow for pool. 4.) Location of chain link fence for pool based on NYS code. 5.) Reduces the size of the pool as per the boards request at the last hearing. With regards to additional concerns,regarding the water to fill the pool. The water will be provided from an outside contractor to fill the pool and therefore no water from either a well, or public water will be used, thereby not reducing the water table level for the underground wells of surrounding neighbors. If you have any questions,please feel free to call me at any time. Respectfully yours, Robert Lehnert Peconic Permit Expediting T? PECONIC PERMIT EXPEDITING S , Building / DEC / Variance / Marine x 32645 Main Road•Cutchogue,NY 11935 E-Mail peconictermits,�optonline.net Ph 631.734.8361 •Fx 631.734.2276 January 7, 2008 n4 � Board of Appeals Town of Southold ��/%' S-ldgdSi dV dO C 18V`O` P.O. Box 1179 j Southold,NY 11971-0959 800Z 0 1 NVP RE: ZBA Authorization Letter GOMM To Whom It May Concern, This letter is to authorize employees of"Peconic Permit Expediting Inc."to act as my agent in obtaining a variance/appeal 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. Respectfully yours, L� Mr. Paul Cacioppojmeowner April 3, 2008 R OWE Q Mr. Gerard P. Goehringer, Chairman APR 1 2007 Southold Zoning Board of Appeals 00 �ph� 53095 Main Rd. BOARD OF APPEALS Southold, N.Y. 11971 Re: Pool Variance at 735 Jackson St., New Suffolk for Paul & Maureen Cacioppo Dear Mr. Goehringer& Other Board Members, My name is Aaron Avent and I live on New Suffolk Ave., in New Suffolk. My entire backyard and that of the Cacioppo's at 735 Jackson St. totally adjoin each other. Paul has explained to me that they would like to install and in-ground pool and I would like to let you know that I have no objection to their putting one in. The renovation of the house is a major improvement compared to the old house that had fallen into disrepair. Sincerely, f aruti Fivar New Suffolk Ave., New Suffolk, N.Y. 0 'Z% April 10,2008 r To: Zoning board of appeals, Re: Pool variance#6127-735 Jackson St. Paul and Maureen Cacioppo. Chairman and Board Members, I live at 2625 Jackson St. I am writing to encourage your approval of the application for the Cacioppos to build their in-ground pool at the 735 Jackson St. property. All the work that they have done at this location is of top quality visually and structurally. This property is well within being compatible with most homes along Jackson St. and would only be an asset and an improvement to the area. Thank you for your time and consideration in this matter, Re ands, Joseph Polashock 04/09/2008 18:015 12126399844 UINCENTTESE PAGE 01 ............. UUQ.ER- Fax NC. '734alV-7 EC R - OVIE 0-1)flrf�lj E E -)7 AN 1 1 20 2007 AprU 9, P-008 BOARD OF APPEALS h1r. Geraxd P. Goebxtager, Chai, .man Southold Zoning Board of AppezUs 63095 main Rd. Southold,N.Y. 11971 0969 Re;va-viauce Reqtieat#6127 a,.# 736 Jackson St., New Suftlk Paul &Maureen Cacloppo Dear Mr. Qoab.-,MW&r and Board Members,, i received notioe by oartifted mail of a hearing on April 24, regarding the above-mautioned request. my name Is Joyce Tess and I live at 800 Jackson St,, dimotly acros,-.the street ft-om #735. The Cuioppo's have made a for iwprovemexxt'to the house and I have 110 OPPOSItIon to their insmMug:an in-ground pool. lIqloe Jcyce Tess Feb 28 08 09: 04a Jennifer Jacobs 718-8qP-1 28 February 2008 Mr. Gerard P. Goehringcr, Chairman Southold Zoning Board of Appeals 53095 Main Road Southold,NY 11971-0959 Via FAX: 631-765-9064 Re: #6127 Request for Variances at 735 Jackson St.,New Suffolk by Paul and Maureen Cacioppo Dear Mr. Goehringer and other Board Members, My husband, Clayton Gates, had planned to be at the above referenced hearing today at 9:40am. Due to some unforeseen circumstances(horrific traffic on the LIE, still in Queens after 2 hours of driving)he was unable to make it. Please accept the following letter with our apologies for not being able to discuss this in person. As explained more fully in the following letter,we were never given formal notice of this hearing, even though our mailing address is correctly recorded in the Southold Town records. Given that we only learned of this hearing from other affected neighbors a short time ago,we respectfully request an adjournment of this hearing. Thank you for your consideration. Sincerely, V Jennifer Jacobs 645 Jackson Street New Suffolk,NY Feb 28 08 09: 04a Jennifer Jacobs 718-845.70 p. 3 27 February 2008 Mr, Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals 53095 Main Road Southold,NY 11971-0959 Re: #6127 Request for Variances at 735 Jackson St.,New Suffolk by Paul and Maureen Cacioppo Dear Mr. Goehringer and other Board Members, Thank you for taking the time to consider this statement as part of your hearing and evaluation process. My wife and I are the owners of 645 Jackson St., the property directly West of the property under review. When we learned of yet another variance hearing for increasing the allowed lot coverage next door,we were very upset. We have not had a chance to review any plans, as nothing was sent to us at our mailing address of record: 426 5th Street,Brooklyn,NY 11215. We learned about this hearing from other affected neighbors who had received notification about the hearing.However,our understanding is that an in-ground swimming pool is proposed. We feel that the variance request should be denied for the following reasons: 1. The house under construction and accessory building together we understand to already exceed the allowed lot coverage percentage per the previous variance. 2. An in-ground swimming pool would necessarily be very close to the adjoining properties. 3. All of our water(as well as the water used by some of our neighbors) comes from an underground well. We are concerned about the environmental impact of the chemicals needed to maintain an in-ground pool so close to our property line, and the effects it will have on the ground water quality. 4. We are also concerned that the pool will be filled from an existing underground well,thereby reducing the water table and possibly drying out our well and those of our neighbors. I know the Hraznicks(another adjacent property)have had water table level issues previously. 5. There will not be enough distance between the pool and adjacent properties to buffer the inevitable noise from a swimming pool(filters, heating systems, sound systems, and general loud pool play). This noise will be easily heard on all adjacent properties and will diminish the peace Feb 28 08 09: 05a Jennifer Jacobs 718-83 -1570 p. 4 and quiet that we cherish in our neighborhood,in New Suffolk and on the North Fork in general. 6. None of the adjoining properties have swimming pools; indeed there are very few swimming pools in the hamlet. (And the existing pools are on much bigger lots). Almost every street in the neighborhood ends at a sandy public beach; a pool is just not necessary. My wife and I are not against profit or enterprise, and we understand a desire to improve 735 Jackson. However, we are strongly against the relaxation of the code to allow continued overbuilding of this lot when there is zero demonstrated need. Thank you again for your time and your thoughtful consideration of our position as immediately affected neighbors of this proposed development. Most sincerely, Clayton Gates and Jennifer Jacobs 645 Jackson St. New Suffolk,NY b �. a � ANTHONY B. TOHILL, P.G. ATTORNEYS AT LAW 12 FIRST STREET P.O. BOX 1330 TELEPHONE: TELEFAX: (631)727-8383 AIVERHEAD, NEw YoRK, 11901-0003 (631)727-6336 February 12, 200 8 Fee 4 2OOs 0 61A 7 Zoning Board of Appeals &CAfa0FAp 53095 Main Road , P�Ats P.O. Box 1179 `3/"�S d Southold NY 11971 Re: Calendar for February 28, 2008 - 9 :40 AM Paul and Maureen Cacioppo No. 6127 Dear Chairman and Members: I reside next door to the captioned parcel and I write in objection to an area variance allowing the lot coverage percentage to be exceeded. First, the lot is only 13 , 055 square feet . _ You denied a prior application (File No. 6020) seeking 22 . 5% coverage. The lot is ,simply too small for a large residence, a separate large detached structure, a pergola and now a swimming pool . No nearby residence is so overbuilt and no nearby residence has a swimming pool . Exceeding the allowable percent of coverage to enable a swimming pool is the introduction of an undesirable change. Second, this Board has already denied a request to exceed the lot coverage percentage. Moreover, this Board found in its prior May 30, 2007 decision that "the difficulty was self created as the applicant knew the conditions that were present when the property was purchased. " No change of circumstances can be demonstrated that would allow a change in that finding. An applicant cannot avoid such a finding by successive applications for different relief . Third, there are alternatives feasible to pursue including a hot tub, a lap pool or no pool at all . Zoning Board of Appeals February 12, 2008 Page 2 of 2 Fourth, a pool normally has filters and pumps which make noise and disturb neighbors. Further use of a drywell system to contain water pumped from the pool, including chlorine, incident to cleaning and maintenance is a practice honored in the breach. So a pool at this small parcel raises the risk of adverse environmental consequences for the nearby residential neighbors. Please deny any request for relief . This lot as now improved is already out of character with the neighborhood. Thank you for your consideration of these comments. Very truly yours, Anthony B. Tohill ABT/lm nErEffED Zoos AIR APRIL 8, 2008 BOARb OF APPEALS MR- GERAR9.P, GOEHRINGER, CHAIRMAN SOUTHOLD ZONING BOARD OF APPEALS 53095 MAiN RD. SOUTHOLD, N.Y. 1 1 97 1-0959 T \t_.- C)L.a)i lJy'l V li Tti'trt�L l�li f iSIJ i (1\lf li It dY\ � Y - YfL.V SUFFOLK BY PAUL & MAUREEN CACIOPPO DEAR CHAIRMAN & MEMBERS, �t i s'1/\{i ( T TR l�`T iTTY'\T A riT\/\Y"1 y'1 t mr-Sium Hl t \J l V JACrCDON J l ., i-N l V�VY JGAUF 'OI hll.l[V.7.7 FROM THE CACIOPPO'S. I AM WRITING THIS LETTER BECAUSE I WILL NOT BE ABLE TO ATTEND THE APRIL 24TH MEETING. I HAVE BEEN WATCHING WITH PLEASURE THE CONSTRUCTION PROGRESS OF THE HOUSE. THE DESIGN OF THE HOME IS VERY WELL SUITED TO THE NORTH FORK. IN MY OPINION, THE ADDITION OF AN IN-GROUND POOL WOULD r~IY:iIRl,_.r ET. GhFuhnxr�r 'i'Li r c,r.n,r.ca^ry R��_•rt�cc+rr�r�r� [ Gift« nrn Y -iR ('•(Li{ L'YCY itSl'CvL t t ( Y\LJi Li♦ t t !''it YtJ (t iLttL( \i(iL. (-(!iYL f_Vt! OBJECTION FOR THE BOARD TO GRANT AN APPROVAL TO THE CACIOPPO'S S LV tr'4J i M 'T 1 V Gt-C I I R t.J 1.�I 1 V lJ IT.7, MICHAEL PAPA JACKSON ST., 1\iL lnr czi iCc-nl I- �. ..jt_t ti RICHARb J RICCOBONI 6 KIMOGENOR POINT � PO BOX 223 NEW SUFFOLK,NY 11956 �y Pp April 23, 2008 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals 53095 Main Rd. Southold,NY 11971 Ref: Variance Reques 7—dt-7,35 Jackson St.,New Suffolk Maureen&P Cacioppo --- Dear Mr. Goehringer and Board Members, My name is Rick Riccoboni and I live at#6 Kimogenor Point. I have watched as Maureen and Paul have dramatically improved the home on Jackson Street. It is a wonderful change for the area and I have no opposition to a pool on their property. Sincerely, Ric Riccoboni i Telephone: 1-631-734-7680 E-Mail: RickR@optonline.net �L28/2008 09:05 2395303021 GP NAPLES PAGE 01/01 ;6 F E B 2 8 2008 �OAFtD OF APPE /1,7 /"41 3/ ��,� . £or T.mc roP'cr42 �n/dp ! 1 P� °Y' Y�, r � , ate. ��a 91008 RECEIVED .o.,��uoa ,r� s To: Gerard Goehringer, Chairman and Members of the Southold Town Zoning Board of Appeals From: Lauren Grant,New Suffolk Resident Subject: Paul Cacioppo's contributions to The Town of Southold Date: April 24, 2008 Having lived in New Suffolk for the past 11 years, I have seen changes taking place similar to those in the other Southold Hamlets,most of which have been green patches of trees being replaced by huge houses not always in keeping with the area. You get used to the changes as time goes by, but always long for the respite of a tree shaded road. Paul Cacioppo has been one of the people making changes in New Suffolk, but always for the better. Paul is held in high esteem by New Suffolk residents because of the care he has taken over the years with the many properties he purchased with worn down houses in need of help. In some cases he has simply renovated the home to make it warm and welcoming for new owners or renters. In others, he has completely demolished run-down houses to build new homes thereby enhancing the neighborhood and improving property values. Paul is a community minded individual who volunteers for activities taking place without a moment's hesitation. If there is a person in need, Paul and his wife Maureen, are at the head of the line waiting to help in any way. If you take some time to visit the many renovations or new homes built by Paul Cacioppo, you will not only see how much care has gone into the creation and design of each one,but you will hear many of the neighbors speak highly of the work and of Paul himself. We are lucky he chose to move to Southold Town and share his creativity with those who live here. TOWN OF SOUTHOLD BUILDING PE IT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you or 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 Contaet:..PG`oN�G Approved 120 Mail to:3�64 S— #Y y Ad Disapproved a/c 'NY Phone: 73¢- 930 l Expiration 20 uspector r APPLICATION FOR BUILDING PERMIT ' f n Date OlCG 20 07 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premisds,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this!'applicatid may'not be commenced before issuance of Building,Perinit. 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 in the interim,the Building Inspector may authorize, iii writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the. Building Zone-Otdinanee of the Town of Southold, Suffolk County,New York, and other applicable'Laays,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 regulatio d to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Name of owner of premises AV 44 Pe,e-11 ee e a . (As on the tax roll or latest eed) If applicant is a corporation, signature of duly authorized officer (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 /Iproposed work will be done: 735- ^ L House Number Street Hamlet County Tax Map No. 1000 Section Lot e Subdivision u RiledddWgNem Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy G5/den et b. Intended use and occupancy te��e 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Pe o 1 (Description) 4. 'Estimated Cost' _ Fee (To be paid on filing this application) 5. If dwelling,.humber..of dwelling units /1/ Number of dwelling units on each floor If garage; number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front / Z,40 Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front &ZA Rear .Depth Height Number of Stories 8. Dimensions of entire new construction: Front 30 Rear Depth Height Number of Stories 9. Size of lot: Front O Rear III✓r9 Depth J.2 -7 10. Date of Purchase Name of Former Owner f l/! tl G/ 11. Zone or use district in which premises are situated A0 4D 12. Does proposed construction violate any zoning law, ordinance or regulation? YES C NO 13. Will lot be re-graded? YES NO J( Will excess fill be removed from premises? YES NO 14. Names of Owner of premises A&A Address Phone No. Name of Architect Address Phone No 2,91) Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES 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 OFsFdlk) Rd 0 Oy' G.11 p or:E being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (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 before me this day of - 20 6 r Notary Public Si ature of Applicant i>�R R: tiAC�Rli NOTARY#0011C-STATE Of NEW YORK No. 0200615151/ puctifled In Suffolk County my Com+nkslon SxMt*s August 08. 2009 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:__law/ /t OV(-c e-in GPI G/oppa Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: Nl� H. New Construction Areas (New Dwelling or NNew/Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: IVI Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 257 3 $ Proposed increase of building coverage: _ 3 O S-3 S F Square footage of your lot: /3 o S S Percentage of coverage of your lot by building area: V. Purpose of New.Construction: GD/71�/a�� $X 30 i� fn.s./pvNp� o a 1 - ago SF. VI. Please describe the land contours (flat,slope %, heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Ganot Con lour 71 Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECOVED JAN 10 2008 BOARD OF APPEALS q Town of Southold �'�� LWRP CONSISTENCY ASSESSMENT FO J A N 1 0 2008 E; A. INSTRUCTIONS BOARD OF APPEALS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent .practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e:g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant;loan, subsidy) —�cj— Permit, approval, cense, certi cation: Nature and extent of action: Dn5 rove S40 5 Ihsro1w Pool Location of action: 7367 J 1i-ec Site acreage: , rG Z 4 9 , s Present land use:. --!�/ Far" Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: aI/ / M as dy eGh G�-------------------------------------------- (b) Mailing address: P Q, (c) Telephone number: Area Code( ) 407�— (d) Application number, if any: Will the action be.directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No Z If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy-I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a.coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Mil Applicable ��► I.S �D ro/!t� �v 1 5i�5 �h a h rGdl .►. as is 6vI Attach additional sheets if necessary --�ohcy ro ec and preserve-historic and arcliaeological resources fWe own o outhold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable el'a ------------------- Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No � Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No LFn7-j Not Applicable �v iTe4 / 15 h a g n 6yag 7. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the .Town of Southold ecosystems including -Significant Coastal Fish and Wildlife Habitats and. wetlands. See LWRP Section III - Policies; Pages 22_.. through 32 for evaluationcriteria. -- - ❑ Yes ❑No © Not Applicable Sy � tCGT SIG /S ho � eV) GOGtS �. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes ❑No [X Not Applicable C&. rc v5e- 15 s e A rn w Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town.=of Southold from.solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable v to a GL, F. 5 DO c ar G ay r ovs w 1 Wig, PUBLIC COAST POLICIES Policy-9. Provide for public access to, and recreational use of,.coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No 15d Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES .._._..._.............-.._._......-----.....-------------......--. -.........._.._.._..__...-- ---- ---.. -- -...._....... -- _.._.... . .Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. — _..._._... ._.....-- ---------—-- ---- .. -- Yes�----N-o-��1ot A p7ica-6Ie . ..__..__... 61.4 r d oG -1t� ®n GDP I Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town W of Southold. See LRP Section III-Policies;.Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable SZn GG � v ti G Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No X Not Applicable /A 15 15L //7 ✓2 li of e- n e o Created on 5125105 11:2 0 AM QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes 1KNo B. Are there any proposals to change or alter land contours? XNo ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? /Uo 2)Are these areas shown on the map submitted with this application? /V/A 3)Is the property bulkheaded between the wetlands area and the upland building area? N/A 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? AIM Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /Vo E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? /V p (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? Ye 5 If yes,please submit a copy o our building permit and map as approved by the Building Department and describe: _ AZA k 0,1*5 -1 Vj ans G. Do you or any co-owner also own other land close to this parcel? NO If yes, please label the proximity of your lands on your map with this application. ,,pprr H. Please list present use or operations conducted at th's parcel ? :> ry' }"j' ' �; 9C5 016 e G and proposed use } g 0�C_ (exam exis ' s'. e-family; proposed: same with garage or pool,or other description) tho ' re and Date 2/05;.1/07 RIECIEMEDD JAN 10 2008 BOARD OF APPEALS PROM&I.D.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 PGt✓l � MGddf�GA G6dG/v�J�O �aG/O��O ��J`. ��°/rJGG 3.Project location: Municipality County T e kso n `f. . Me,X- 5v gol/�- 1 ley. 11956 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide(nap) 5.Is proposed action: 1(,KNEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: G0/!S>Lra� ✓r"lf0 5 /h�/vvnoC �ovl, 7.Amount of land affected: Initially: acres; Ultimately: . acres 8.Will proposed action comply with existing or other existing land use restrictions:( )YES X NO If No,describe briefly: I/�I`i.s/1Gc W/P be- /'ell, irG 9.What is present land use in vicinity of project(describe): Residential ( )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)? (X YES ( )NO If Yes, list agency(s)and permlt/approvals: 1 �Owr► 0 .TL �Ov�/!0/1� YVI .1/I7� PGOI7i 11.Does any aspect of the action have a currently valid permit or approval? YES X 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 Na O "G00 G a 7 Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment *pF SO�ry ELIZABETH A.NEVILLE �0� Ol0 Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER CIO Q Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER �lij'enum southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 11, 2008 RE: Zoning Appeal No 6127 Transmitted herewith is Zoning Appeals No. 6127 Paul& Maureen Cacioppo-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Notice of Disapproval, Site and Zoning Plans, Site and Zoning Data, ZBA Questions, Project Description, Application for Building Permit, Questionnaire,Property Record Card, ZBA Board of Appeals Finding,Deliberations and Determination, Transactional Disclosure Form, LVWRP Consistency Assessment Form, Short Environmental Assessment Form, 2 Photos of Property, Authorization letter form Paul Cacioppo to Peconic Permit Expediting, Inc. to represent The Cacioppo's in this matter. Fown Of Southold P.O Box1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/11/08 Receipt#: 7664 Transaction(s): Reference Subtotal 1 1 Application Fees 6127 $400.00 Check#: 2261 Total Paid: $400.00 Name: Cacioppo, Paul & Maureen 735 Jackson Street Po Box 249 New Suffolk, NY 11956 Clerk ID: CAROLH Internal ID:6127 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1 / 11 /08 ZBA# NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6127 Paul and Maureen 2261 $400.00 J A N 1 1 2008 Cacioppo Southold Town Clerb $400.00 By Thank you. "THANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: �':S 7�Y::.4•)�ii,,,rt k;nlb�A ; {.,...,., ;`,,;: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town of and employees. rs The purpose of this form is to provide information, which can alert the Town of i" possible conflicts of interest and allow it to take whatever action is necessary to avoid same,wn of (Last name, first name, middle initial, unless you are applying in the name of someone else other entity, such as a company. If so, indicate the other person or company name.) or 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, marriage or business interest. - -partnership, in which the Town officer or employee sinterest" has even na artial business,ownership of or em to ment b a co oration in which the Town officer or employee Owns more than 5% of the share 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: 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 st cGk of the applicant(when.the applicant is a corporation); HEMMED 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 JAN 10 2008 D) the actual applicant. DESCRIPTION OF RELATIONSHIP BOARD OF APPEALS Submitted this o Signature: Print Name: s L� LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 28, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 28,2008: 9:40 A.M. PAUL and MAUREEN CACIOPPO #6127. Request for a Variance under Section 280- 124, based on the Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in=-ground swimming pool, which will exceed the code limitation of 20% lot coverage, at 735 Jackson Street, New Suffolk; CTM 117-9-6. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: January 29, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: �Q$VFFDC/' USPS Mailing Address: O G Town Annex/First Floor,North Fork Bank �� y�.e 53095 Main Road 54375 Main Road(at Youngs Avenue) y Z P.O. Box 1179 Southold,NY 11971 Oy Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,APRIL 24,2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to. Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, APRIL 24, 2008: 1:20 P.M. PAUL and MAUREEN CACIOPPO #6127. Request for a Variance under Section 280- 124, based on the.Building Inspector's December 27, 2007 Notice of Disapproval concerning the location of an accessory in-ground swimming pool,which will exceed the code limitation of 20% lot coverage, at 735 Jackson Street, New Suffolk; CTM 117-9-6. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: March 25, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 -I #8711 LBOARD 7 2008 STATE OF NEW YORK) - SS: COUNTY OF SUFFOLK) APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once a week for 1 week(s), successively, commencing on the 21 st day of February, 2008. Principal Clerk Sworn to before me this--- . ; = r 2008 Building Inspectot'samended January 8 al dated stated fo;-February 6 2008 Theeasons r 2008 N6tice of Disapproval concerning'' d sapprovttig;the building,per- iNA VOLINSKI proposed addrtionsaand alterations to ,nu app1ca4onsare.as;.follows:..,' -STATE OF NEW YORK theexisting buildutg The neyv�cpnstruc- The as libilt additions and.alterations •V06105050 fion will-exceed,ilia epded hmi'tation of to the-ekistiiig faun'stand constructed 20/ lot;coverage,and-tyifh i proposed without a;building pe init prior to 1997 •. .n Suffolk County reduction as the..flont yard§etbaek,*ill are not pennilted pursuant tot tie Code. Ires February 28. 2008 be an.imrease the'd'egree of fion[yazil of thl. e Town-of Squthold ir4lace when' noncont6;inity cn;r�n ly'1'O feet aver ..-the--construct lxTb'.rk-was„completed age)- -- without a litiilding permit citing: B)to remove 10/23/1t360 7Bi'Cbndi- 1)Artie�e III Section 100 31A.2(a)1, tion under•variance:#1293,{former own- which stait si4hat all buildings fors for disolav er a an Poclier:concern' front, andretaitzsale,of ncultural'andnuis rea `n ide yard s'[hack varrang`ae$ - erProduc[sgrown on premises sb'allnot i j050q M ANTHONYE;Agd CART. exceed one[h�tusand 1`000)square feet OLiN.i1TA12QTONDipf#{12$ Re oast in floor-area:Also major additions and for a Variance under Sech ns;28D 1S, alterations'had beers done increasing the based=on'the Buaduig Ins etor,'s J nu'- size of the-existijg faf4'stand without.a Pfr a building perm[[and m-1989 a certrfica[e ary f7 2008 Ifohce dEpuapProvallpon. of decupancy.was issued='fora new farm LEGAL NOTICE" - earning a pfo)iosed-accessory sped with sf.,, d,,Measuring 14 It lib 14 ft:an�size,' '$OUTAOLDTOWN ZONIN& a front ya�tl setllack at legs than the 'however;'betweena989 and%1997,adds= 33. BOARI)OF APPEALS code requred$ feet d ide aryy an se > Gs -Z Y t .tions d alterations were madetodhat �IIi gRSDAY FEBRUARY-28 2008 baci fataless thin the�cRc(e required 15 farm stand uicreasingats<size from 14 It. P>JBLIC HEARINGSe�ti at 9501,rttleGcome ByAgad,Cu by 14tt in e to�441.s juare feet ri:. 21OTICE ISiHEREBY GItxElPpur tcliogne CTIvit11�d 1$ ��iizz - suanttoSechon267oftfil I6wnLaWand d b9�1 M) C brand` RY 2)Arno[eTII Secuori 1003-IA2(aj3,. iCh�apter280t{Zoning)Codebfi�e"I'o�vttO );'` J� it'hich sta[esoffstreet trig _ �df Sbuthbld iffie'followm ubhc lieaz p i#61z42equest�or ylutred m the an rkmg schedul�chall be 1 a g?'P ",art ces6unileri Serttr<Oni $0�1z4 used ed a " ll e- oved b .t ings will be held'!bylthelSOl7TIiOLD :on thae uddmg Inspectors 1�eF,ember 'pla TOW1Va�LONIIVG;BE3AR75=0P�AP 11 7JOQ Notice tsppP —�^� Boa d andE ttS: r u ,t ,i 9 A ri.al concern :3)Section 2gOt13,4t(4,),C,fnr the-rea-J)SEATtS at the/Town`Hall 53695 Main in�as,pi and eesun�d ek cotistruc sgns that the ywmery structures shall be 32bad=T0 Box 1179"Sou0told itNew tionr proposed{or reconstniction with set ba�clt a minungin of;100 fe shalm a York,11971 0959,- on Tfli'3R ))A3 . enlargementiresu)tmg;ut azearyafrlset malorroadfThe ru000'"sei on version of FEBRI7008 < .. back at less than 50'feet anal sin'e side - 1. c Bi. existing farm'buildmg,to v•tie b ild". 9:30%A M KLTRT FREUDENBERG :. Yard setback at less'th'an 15 feettat 170 -ines is notnermnted a the wine and JANET LATHHM#612I>Request Hilltop path Southold,CI1vI54'1 29 -tore,are required to be r back aiming for'Vanances under Section 280124;' 1120'A M DONALD and 17AhIJS mum of 100 feet from a mal r-oad and. based,bn the,,Building Inspectors Na, ROSE#6130 Reque[`forVai7aiices yn =Buildma tF'acihhes] ='i i.id 4 and o[ti vemliei-282007;Nohce-ofDisa royal' der Sections 28015Band-280124-;based - - PP t e�construction uildmg'"are less than,. concerning the as-built location'of an ac- ,:on the"�Buildmg'7nspectors Janua 7 e- ry the 100 feetfrom ound Avenue and lei ces'soiyshed�;aud he proposed;location...M08 amended Notice of Disapproval ':1han 100 feet from Hzlloek t 'e " of•art'accesso siWunmin - concernmg�the location of if-.,tie"w'[wo --ry g poo} which ;4)Section 280 13A 4(D)which states will exceed the inaximumi code,pertrtrt• 'story accessory building a[i a�heiglit ex e winery shall ob ai'`site olan a" tad+20%]ot coves exfor,all`�, ceedingl8�feettotheiopofthe.riiige,af- . g building's ter removal of a buildin and which new v�l andtheructuresr Location',-of-��Property: g _,The Board'of Appeals,will hear"all Northerly�Side ofhLester's�Roadi- buildmgt'siproposed a'tless[hanfiye(5) ,p'ersons or•their. representatives,`desir- vatei:Right of Way,!off the east side>of. feetfrom tlae propertyJitie an'd_wifl alot ;ing[o lZe heard of each`Heanng and/or Westphalia Avenue) Mattituck z CI'NI coverage which exceed's the.code lining desi11ring to':submit written statements taioe ofl20,/(existing.27 43/ lot cover- b6fow the e6n'lI i io'i each hearing'. 114 7-2:1 rii / 9.40'•P,M. PAUL and.MAUREEN.` g) Location of.�Properfy n145iKing Each hearing`will not.start earher�ffi'an Street Orient CIM 1D00126 1 23:; des[CACIOPPO#6127.Request for a Varr`t 1135A:101 DAVID::-,FISHER,,#6126. gnated-above Files,are'available for, ance:`utideF:Sectioni 280124%+based;on Request for a yarianceunder;Sechoh review during`regular businesshoursand the�Building,Inspectors!De6ember27{ 280424;_based ont;thesBuilding;I;7spec PAior to thi66s,` l6Aic' liearWhe-you 2007 Notice of Disapproval concerning .tor's,Deeember 11,2007 Notice of.Dts- have questions,please do no['hesitat, the`.location of:an;accessory'in-ground approval-concernin ro osed,additions ,to'.con[act;ouroffice at'(631)765-1809, g`p P or by a mails, Lmda.Kowalski@Town: swunming pool;-which will:exceed the 'to [he;ezisnng smgle;familyy dwelling, 'Southold,nyus:c6a6 liinitation'of20%lot'c6berage,,at which increase the,'lot coverage and ex-; Dated:February 8.2008. 735,Jacks6n Street;New Suffolk CT14I ceedthe;code]umtat0n,of20!lbEcov` ZONING[BOARDOFAPPEALS 117 9 fi. ::+ erage at 2165 Old Orchazd Rgad`,j ast GERARD EGOEHRINGER, ' 9 50 A Mi SEROTA PROPERTIES 1ylarion CT`M 373 41 CHAIRMAN #6125 Request for a Variance under L155 A M 23ANS REtGER $y LINDA CHAIRMAN Section 280 85A(2),,based onthe Build 6152 Request fQr�a Yanance under 54375 Main Road(O,ffice-l_ocation) ing Inspector s October 29 200Z Notice Sections 280 15C and;250 124 Based on the Btiildin 1 53095 Main Road(Mailing/USPS). of Dis'approva]concerning a proposed g Inspector s January ll '6P.0:Box 5179 new ground sign replacing the exisnng.-,2008 Notice,of Disapproval-'concerning ..,gouthold;NY 11971-0959 eroundsign ThB;pzoposed sign'will-be- two accessory sheds'(as built) aYaess 8731-1T 2/21 - reater;rthau+thwe',square feet initdtal,,,than 35(eeffrom the,fropt Brea witMtanit'additibnal allowance,of 'at 370"IiaXblir'Road(adjaceb[to-0nen[ 20/tot-the[total fbr the name�,of`[ht: Tlarao`r)+Orient C.-M 100f127.4 6 _ - �usmess center at K$,b'g'Kullen Skoppmg Y2 OS P,�vi;GEORGE„-`I;HFC}Dpptq._ enter 31525 MauS.Rddd Cittehogue ROS#6Izl 33 Requestjfor_a'.Variance'un:- IM 97'S12 in s der Section 28015 based on the Vild— 10 60 A M GRBO and KP RMEN ,- Inspector s 19ovem'e'r S 2007ATouce SAD,URIAN#6131 Re ueslfor Van of Disapproval entice g g a propposed q addition to.the'dwelhn which laces tnces under (1)Section 280 1?A and`, the ewstingIsvnmming pool partly=ai,a 2 Section 28015.both_based''on ute',' sidelya7d location-af-1855 RockyrPomt. 3uildmg;Inspectors De6ember,28 2067 Raad)lasfMa. G17VI3038 ^'1 dotice of?Disapproval concerning the 1215 P..IvI JOHN CORBLEY#61'19. acanon of a new dwelling atress than 40 (carryover for heal hearing)�Addtious - eet from;the code re uued`minunuin ao dwellmg'at:680 M850nDri4.e(I3aywa ' ronbyard<set8ack'aa fdr a swimming "ter Cove);:Cntchogiie CTM104 7:3:';:ia. ool located rn astde,yard rather than a1235 PIJI: THOMs4S-.and.;]FI:AR- hecode required fronfyazdorrearyard" GARETNOONE,.tt6j07 Requesf.•for arithis waterfront ppYcel locate'dcat 695 ,Uarlances.pnden;Section 280-1&(Bblk etey s`D ive a[Long.Island SounBi 017 Sphedule)ibasedionitheBuilding Inspec- . tit CTM74223' t:.'r lr;}1 t ':tors OetobeF34 2Q�7,81nended-jlQUce 1015'A`M JENNIFER and'Dt1VID of Disapproval concerning twolotspro;" OLLBJS'#6123 Request to__ ances posed with an area o�lessythgh'40 OG0 . rider Sections 280 122A 280424 and-. -square feet in pndilessrthan 37SO,feetgt, �BA4Cod'e.In1 '17 fationa#5039?(Walt .'Width(frontage)and'less th".175jeet pphcatibn)�besed'"on the Building Tn of,deptli;itt,14is R 40,L,oW,D�ensity�,IieSi- iectors2aDecember 2007 Notice of dential Zone District"located Along the 7sapprokal cbncernriig'lpfbpoaed'al Westerlyis�deo�$igsbeeRoadcoinmenc= rations foTthe�existmg dwelhng'w}iich ipB approximately,214 feeF sPuttS of the: w construction coiis'fnutes an merease Mau!Road'1vlatiituck;.- 9Q Attituck / Uie degree oFnonconformitywnth�the Park Properties CPM 143M:1-41 ` ont yard,setback a[ilessthan a`tmm Y,I:C 61 I•'ocat�ionof'Pioperty NAR.ttMH,. in of 40 feet at_6685 Oregon Road / utchogu$;CPM95'1 6 + ;,' Side of Sotind Avenue and West Stdedf 1030 P M MAR70RIE DUNN HallockIane{apnvateroadgl7attttuck 10 iI22 T ocation of=PrbpertY`900 CTM 10001I2 1 7¢cont lining 8'acres i� Courtt=and Camp-lvliiieolaJ'Itoad .The apolicanf-has applied t'or,building.amhicktCl-M 123 5 11 The-applicantpermits�theewsting,farm-stand' d-a' requesting Vanances. proposedlclian'a ofuse om farm Ay under Sections 280 124;%and. ,nigs to a winery/tasting oom Tiequested, 0122 based on rLBtl Code Interpre are Yanances'Liased on tHe�BuildingIn- hon#5029(Wa12 Application)and[he Spector s amended NoticEbf Disapprov= • #6143. Request for a Variance under zone, applying Code Section 280-122. Section 280-122.base'";`ie Building Nonconforming Buildings with Con- Inspector's. +Notice of forming-Uses which states:A Nothing Disapproval r Interpreta- in this article shall be deemed to prevent lion#5039( n.......,,g proposed the remodeling reconstruction or en- .._ additions and alterations to an existing largement of a nonconforming building _. single-family dwelling which will result containing a conforming_use provided in an increase in the degree of the exist- that such action does not create any new ing front yard setback nonconformance, nonconformance or increase the degree at less than 50 feet.Location of Prop- of nonconformance with regard to the. erty:90 Sterling Road,Cutchogue;CTM regulations pertaining to such build- 104-4-4.1. ings; B.Reconstruction of a damned 9:40 A.M.CHRISTOPHER and EV. building.(1)A nonconforming buildine ELYNCONKLIN-ZBA#6155.Request containing a conforming use which has for a Variance under Section 280-116B, been damaged by fire or other causes to based on the Building Inspector's April the extent of more than 50% of its fair 2,2008 Notice of Disapproval concern- value shall not be repaired or rebuilt ing proposed additions and alterations unless such building is made substan- to the existing dwelling which will be less Bally to conform to the height t and yard than 75 feet from the bulkhead,at 3400 requirements of the Bulk Schedule.(2) Ole Jule Lane at James Creek(dredged Application for a permit to build or re - canal),Mattituck;CTM 1000-122-4-20.1. store the damaged portion of any build- 950 A.M.JOHN VAN GELDER- in damaged or destroyed as set forth ZBA#6148.Request fora Variance an- in Subsection L30)above shall be filed der Section 280-124,based on the Build- within one year of the date of such dam- . ing Inspector's January 16,2008 Notice age and shall be accompanied by plans of Disapproval concerning a proposed for reconstruction which,as to such por- new dwelling,after demolition of the ex- tion shall comply with the requirements isting building,with front yard setbacks set forth above If such permit is issued at less than the code-required 35 feet. it shall[apse one year thereafter unless Location of Property:10 Hickory Road reconstruction in accordance with the and Chestnut Road, Southold; CTM approved plans has been initiated: 54-6-14. 3)Alternatively,Variances based on 10:05 A.M.DONALD HOHN—ZBA the Building Inspector's November 8, 46149.Request for Variances under Sec- 2007 Notice of Disapproval under Sec- tions 280-15 and 280-124,based on the tion 280-121A and Section 100-31A, Building Inspector's March 17, 2008 denied for the reasons that the acces- amended Notice of Disapproval con- sory cottage use is nonconforming and cerning a proposed new dwelling and ac- constitutes a second dwelling unit,and cessory shed structure for the following: as such may not be enlarged,altered, (a)the new construction will exceed the extended,reconstructed or restored or code limitation of 20%for lot coverage; placed on a different portion of the lot... (b)the new dwelling is proposed at less nor shall any external evidence of such than 35 feet from the front yard lot line; use be increased by any means whatso- (c)the proposed shed will be in a side ever as a second dwelling unit. yard rather than the code-required rear 1:10 P.M.KURT FREUDENBERG yard,at 945 East Gillette Drive,East and JANET LATHAM -ZBA#6121 Marion;CTM 38-3-2. (PH held 228108. Attorney's letter 10:20 A.M.JAMES MESKOURIS- confirms amendment that withdraws ZBA#6142 Request for a Variance un- request for swimming pool,requesting der Section 280-124,based on the Build- shed variance. Location of Property: ing Inspector's March 25,2008 amended Lester's Road,a private Right-of-Way Notice of Disapproval concerning pro- off the east side of Westphalia Avenue, posed additions and alterations to the Mattituck;CTM 114-7-2.1. existing single-family dwelling, which 1:20 P.M. PAUI and MAUREEN new construction will result in a lot CACIOPPO#6127.Request for a Vari- coverage exceeding the code limitation. ante under Section 280-124,based on Location of Property:1350 Sound Beach the Building Inspector's December 27. Drive,Mattituck;CTM 106-1-36.1(for- 2007 Notice of Disapproval concerning merly 36). - the location of an accessory in-ground 10:40 A.M. CICI CORP. — ZBA swimming pool,which will exceed the 46146. Request for a Variance under code limitation of 20%lot coverage,at Section 280-50C,based on the Building 735 Jackson Street,New Suffolk;CTM Inspector's January 11,2008 amended 117-9-6. Notice of Disapproval concerning a pro- 1:35 P.M. GRFG and KARMEN posed business building(retail business DADOURIAN-ZBA #6131 Carry- and contractor's yard)in this B-General over from 228108.Request for Variances Business Zone District,which building under:(1)Section 280-124,and(2)Sec- will have frontage greater than 60 linear lion 280-15,both based on the Building feet along the street.Location of Prop- Inspector's December 28,2007 Notice of erty:74495 Route 25,Greenport CrM Disapproval concerning the location of 1000-45-4-4.1.' a new dwelling at less than 40 feet from 10:55 A.M. MICHAEL KENIN — the code-required minimum front yard ZBA#6153.Request for a Variance un- setback,and for a'swimming pool lo- der Section 280-124,based on the Build- cated in a side yard rather than the code ing Inspector's.March 10,2008 Notice required front yard or rear yard for this of Disapproval concerning proposed waterfront parcel,located at 695 Petty's additions to the existing single-family Drive at Long Island Sound, Orient dwelling at less than the code-required CTM 14-2-23, . 35ft_uiinimum front yard setback,at420 The Board'of Appeals will hear all Lake View Drive,at Marion Lake,East persons,or their representatives,desir- Marion;CTM.31-9-11. ing to be heard at each hearing,and/or 11:05 A.M. LIA POLITES and desiring to submit written statements KEVIN FERRO ZBA#6129.Location before the conclusion of each hear- of Property:300 Jackson Street,New ing.Each hearing will not start earlier Suffolk;CTM.117-10-2.The Applicants than designated above.Files are avail- propose renovations/alterations, addi- able for review during regular business lions,and expansion of the existing ac- hours and prior to the day of the hear- cessory cottage building and in this Ap- ing.If you have questions,please do not peal requesting the following: hesitate to contact our office at(631) 1)Reversal(under Section 280-122) 765-1809,or by email:Linda.Kowalski@ of the Building Inspector's November.8, Town.Southold.ny.us. 2007 Notice of Disapproval which states Dated:April 4,2008. that the accessory cottage use is noncon- ZONING BOARD OF APPEALS forming and constitutes a second dwell- GERARD P.GOEHRINGER, ing unit,-'citing Section 280-121A which CHAIRMAN provision states• Such nonconforming BY LINDA KOWALSKI use of buildings mny be continued 54375 Main Road(Office Location) indefinites except that such building or 53095 Main Road(Mailing/USPS) use(A)shall not tie enlarged-altered, P.O.Box 1179 - extended reconstructed or restored or Southold,NY 11971.09S9 LEGAL NOTICE placed on a different'Rortion of the lot 8782-1T 4/10 -. SOUTHOLD TOWN ZONING or parcel of land occupied by such use BOARD OF APPEALS on'the effective date of this chapter.nor THURSDAY,APRIL 24,2008 Mll ate'external evidence of such use PUBLIC HEARINGS be increased by any means whatsoever. NOTICE IS HEREBY GIVEN,pur- and'Notice`of Disapproval citing Sec- suantto.Section267 of the Town Law and tion100-3tAwhich provision states:"In Chapter 280(Zoning),Code of theTown A-C-R80 Districts,np building or rpem- of Southold,the following public hear- s'shall be used and no building or part ings will beheld by the SOUTHOLD of a building shall be erected or altered TOWN ZONING BOARD OF AP- which is arranged intended or designed PEALS at the Town Hall,53095 Main to be used in whole or in part for any .Road, P.O. Box 1179,Southold, New uses exempt the following,A Permitted York 11971-0959, on 'PffIJRSDAY family detached dwellings nol APRIL 24 2008:. - to exceed one dwelling on each lot": 9i30 A.M. PAULETTE GARA 2)Interpretation to deal with this pre. /C ear 1'1e.s (C-0MPLL" C-,YA-,-j #8782 �LK STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine. of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 1 Oth day of April, 2008. Principal Clerk Sworn to before me this I day of 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE Of NEW YORK No. Ol-V06105050 Qualified In Suffolk County My commission Expires.FebrQG(V 28,2012 I I TOWN OF SOUTHOLD POOPERT� RECORD o �� _ - CARD o _ OWNER STREET VILLAGE DISTRICT SUB. LOT qV_L C�LC.L' �/� �� a C k J b n �d FORMER O R N �o�a rr o rT Q�, E � ACREAGE � G( ri` u Cr C S W TYPE OF BUILDING urc � � � � � aer ve RES. SEAS. VL. FARM COMM. IND. I CB. I NIISC. I Est. Mkt. Value kND IMP. TOTAL- DATE REMARKS J 6 J 3oD 3a60 3 o ® a� 7 L�1&35 1 * 5 et/n , n ^ Da - (SOD '� tin` �P k ' n AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Ti le 1 BULKHEAD Tillable 2 DOCK Tillable, 3 Woodland Swampland fC4 �. Brushland i House Plot Total j: 190, - �! wa- a e . _�x.� �' �'Sh. � ��... "°gym•«�... • -.fit.. ��.f 1 i •• • • i, -,� WWI 3 5' d' I I� / '� /� u p'$ u u � n'�j • (I\\ WICXRxIE n HARBOR ...amJ ' ` F 1 u� •L Y uu" y n u• p. p �. �� i •It011y0'S p T n �• �� % n � W _ I n �•7 I µ a� ,11y.�-��yr�raTq� •... y�Q .rn I nn tlr �� • . T a d Y �v w ' �`� 11Yi �i� 4 w p � � �y•p �.0BAY u Y• , w W YR 90 p ��...e. ..�. PELONtC - OREAi .. Red Pr Ty F SSerw Nam ••�v SWTMXD s[cray Iro _ Tax Sery m.�. ..cn.•rm.o.nv�nc117 �h I�r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------- -X In the Matter of the Application of AFFIDAVIT Pao / I MOEv✓eeh �a Gio y®o OF MAILINGS (Name of Applicants) CTM Parcel #1000-,l 17 - q - 6 --------------------------------------------------- -X COUNTY OF SUFFOLK) STATE OF NEW YORK) I-14C/ L�f:&&Ai siding at aco� New York, being duly sworn, depose and say that: On the day of A# Apfj ] A8 , I personally mailed at the United States Post Office in c New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true co y 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( ) Counk�Real Property Office G�y{� t , for every property which abuts and is acrosr;a public or priv9,ce street, or vehicu ar right-of--way of record, surrounding the applicant's property. (Si ature) Sworn to before me this `� /0711 day of PP�L_ , 200 Cr P11111 R: MCORfEw NOTARY PUBUC-STATE OF NEW YORK No. 02MC6131514 Qualified In Suffolk County ry Public) My Commission Expires August 03, 2009 PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. Postal Service,. ■ AlT. . ■ ru O /0 • • • .•• • r•• O Ir • r I_fi Ln Ln r r- bRt�01�L�N�1�15�Y � �`= � rail Postage $ LL $0.41 C GG ru Postage $ $0.41 4933 OCertified Fee , 1 2 O Certified Fee o $2.6 rc Return Receipt Fee P H re Retum Receipt Fee O (Endorsement Required) $ � ' - CI (Endorsement Required) ark Restricted DeliveryFee " ~ 3 r Endorsement Required) S P, to O Restricted Delivery Fee C ra ( q ) $0. �c� � (Endorsement Required) $ m rl 6 ,� ^ _ M Total Postage&Fees $ $5.21 9/ 08 rrl Total Postage&Fees $ $5. 04/09 u') Sant To L 1 0 (O 1N/CG.pnQ 0 Sent To / st ee►,��No.; - --- Sireet, `1�v�7 - -----1 or PO Box No. h- M No.; -- - _ � or PO Box No. 72 -. \v �� city,stare,Z/P+4 ��y�1 City,stare,Z%P+4--'-'- -"`' 'i°.t vvl��. -- alle c v-1— 1�1 1121� ��-/'u I -A---1----� PS Form 1 1ReverseMITI 1 Postal L.r7 CERTIFIED Postal Lr) (Domestic"Ifall Only, • . . • Coverage Insurance r r•r CO (DomesticLn Only;No Ln r r q 0 We overage Provided) ru Postage $ $0.41 V r- o Certified Fee $ � 1 F ti� Postage $ $0.41 65 Return Receipt Fee U P stma � Certified Fee $�� F O (Endorsement Required) $2.15 Postm vn 0 Retum Receipt Fee Here Q Restricted Delivery Fee w O (Endorsement Required) $2.15(Endorsement Required) $0.00 O1 Crr = � r p Restricted Delivery Fee un V-'., M Total Postage&Fees $ $5.21 r0� � (Endorsement Required) $0.00 A U �to Ln sent To M Total Postage&Fees $ $5.21 4s'0n C3 a.l�0f'1 Lr) Sent To Nstreet,Apr.No.; �...��. --- -- ----------------- J /'� - �o�IGE 7�s or PO Box No. � ----- -•- ----•---•--•.................. Street Apt.No.; city,stare,zrP+a A�AI •-/--�/,,-�--Jam•--- ---- -r•-- r` �j �. ,e !VLVV SU' ' v�-i�- N I!R t/v✓ or PO Box No. 7�y• — ' PS Form :00 0i City,State,ZIP+4 PS Form :rr June 2002 manow— rl.r • 1 ■ 0 Ir • • u7 ,• . RIU��HFADo }%i901 Irk °m ni Postage $ o $0.41 Certified Fee � .65 / 1 O (Endorsement Requireeceipt d) PO Ma � 32.115 /�'��` c Here w p Restricted Delivery Fee q (Endorsement Required) Lrr $i0.00 'go0,9 to rr-I Total Postage&Fees $ $5.21 t $�(b C3 Sent To r M1 Streel Apt No.;---------- �� 0 - -' Ciry,State,--iP+4----- +;------- ----_ `_ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD- NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT PaP Mcv G Ca G/o o OF SIGN (Name of Applicants) O POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 1/7 - '? - 6 ------ ----------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I,. residing at Mal q ah*fv &-G —, New York, being duly sworn, depose and say that: On the 1 7 day of 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 fo seven days prior to tl:at date of the subject hearing date, which hearing date was shown to be_Role/ ¢, � 70� i e Sworn to before me this day of (-9 P'Pz-« ,200-F rwR.t. MC4"1* NOTARY t<iJ�llO-STATE OF NEW"ORK No. 02MC613181 nly 10V Quall ied in Suffolk Cu j 00, 3000 (Notary Public) My Commhslon ExPi�� Aup *neaf-the entrance or driveway entrance of my property,� as the Ar t�, l�tfl passersby. SENDER:COMPLETETHIS SECTION i COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si gna ure item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. "fill essee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) livery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item I ❑j es - "'-- — ——- •- �.._ __ If YES,enter delivery address below: No . T, ■ ■ ■,. fv o "�o 130 15- O a � ;'oAm . I CD NY NY ��az y o W SU CD Q • ; T4estncted ervice Type ii -a S m =-N Certified Mail ❑Express Mail I o rn 0 � w m o � c� a- Registered ❑Retum Receipt for Merchandise Wo 5 3 a p!Q Insured Mail ❑C.O.D. 0 Q s ID �, Delivery?(Extra Fee) ❑Yes +— CD � o m m w 2. Article Number' (Transfer from,service%at eQl ` i ;; ; 7iO 0 5: 3110 0000 2765 5048 i� ' ' P ° CD 0 — - - O — 3P � a0 • SENDER: COMPLETE THIS SECTION COMPLEYE THIS SECTION ON DELIVERY 0 D (D CD � m ■ Complete items 1,2,and 3.Also complete A. Sig ture item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X so that we can return the card to you. ❑Addressee fa o m k D ■ Attach this card to the back of the mailpiece, By,Rec�iv�d b (p d Name) C ate of Delivery ] p � - • ((�� N or on the front if space permits. A/L F K m m 2 m G �: � 0 - 1. Article Addressed to: D. Is d < elivery address different from ite 1? Yes CD 3 ii B r0.72 a.r) �` If YES,enter delivery address bel w: ❑No o CDm rCL or Li V l NCT r OST' i M n 1m n Cl Service Type 3 y 3 _CD iC m 3• ❑Certified Mail ❑Express Mail co, F 3 csi ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. o o A Restricted Delivery? 3 ❑❑ » ❑(Extra Fee) ❑Yes CD CD a z o D m CL CL o CD COMPLETE . N SECTION COMPLETE - SECTIONON I !D CD � ■ Complete items 1,2,and 3.Also complete A. Sign re - — (D~�—`--- _-- - m 4 If ed rirint your name andaddress o desired.is ■ P the reverse X � ❑Agent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B. a ived b (Printed N me) C.or on the front if space permits. D of elivery 1. Article Addressed to: D. Is delivery ad ress different from item 1? Yes 1' If YES,enter delivery address below: �jNo A�ro(� Ve P D. BOX 341q r reVV 3. Service Type /f 7q�/ El Certified Certified Mail Express Mall (wn ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 2. Article Number. i! i i. - ;—::-—,;-- •: ElYes (riansfer from servlce label) ' `` 7 0 0 5 31110 0 0 0 2 7`6 5 5 0' 5 5' r: PS Form 3811;February 2004tDomestio'Return Receipt 102595-02-M-1540ECTION ---- COMPLETE • ON DELIVERY SENDER: COMPLETE THIS S ■ Complete items 1,2,and 3..Also complete A. SI n ture ❑Agent item 4 if Restricted;Delivery is desired:. - X ❑Addressee ■ Print your name and address on the.reverse so that we can return the Card to you. B. Receiv by,(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �;, , or on the front,if-space permits. +' D. Is ell nt from item 1? ❑Yes 1. Article Addressedrto:. I•. entl live ss below: No JACo*5 tF��.� IQI 1 3. Service { ❑Certified Mail ❑Express Mail ❑Registered ❑Retum Receipt for Merchandise i ❑insured Mail ❑C.O.D. ❑Yes ' ,d—Ractrictarl-❑wliva�-/F�rtrA.Fsaal ( l 2. A OS - -k--=9f'. ZONING BOARD OF APPEALS TOWN OF SOUTHOL,D: --------------------------------IW YORK - In the Matter of the Application of AFFIDAVIT Giv av c c a OF (Name of Applicants) MAILINGS CTM Parcel ##1000- --------------------------------------------------- -X COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at ; Z 6g S main 1,4A«yG , New York, being duly sworn, depose and say that: On the 7 day of c a_, I personally mailed at the United States Post Office in oS U -- 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 t e official records on file with the ( ) Assessors, or( ) County Real Property Office Cv o VG , for every Property which abuts and is across a public or privaC6 street, or vehicular right-of way of record, surrounding the applicant's property. I Sworn to before me this )3 day of v 200 '!TlR;R: MCGREEW NOTARY PUBLIC-STATE OF NEW YORK No. 02MC6131514 (Notary Public) Qualified in Suffolk County My Commission Explr*s Auyusf.eel IaRlq PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the -- f 4 ✓ 4P g8g EL PECONIC PERMIT EXPEDITING Building / DEC/ Variance/ Marine b j 32645 Main Road•Cutchogue,NY 11935 h E-Mail peconicpermitsAoptonline.net Ph 631.734.8361 •Fx 631.734.2276 RACE V E® FEB 2 J 2009 February 25, 2008 Board of Appeals Town of Southold BOARp OF APPEAL P.O. Box 1179 Southold,NY 11971-0959 RE: ZBA Mailing List The following is a list of adjacent property owners that were mailed the official notice of hearing: 1. Jennifer Jacobs & Clayton Gates 617 West End Ave,Apt# 11 A New York, N.Y. 10024 2. Joyce Tess 130 East 741h Street New York, N.Y. 10021 3. Hrazanek Living Trust 721 Wendell Place Teaneck,N.J. 07666 4. Aaron Avent P.O. Box 349 New Suffolk,N.Y. 11956 5. Anthony B Tohill P.O. Box 1330 Riverhead,N.Y. 11901 - Postal Service-rm C3■ , CERTIFIED , . ■ Ln (Domestic stal Service,. RECEIPT Er CERTIFIED MAILT. m Mail Only;No insurance Coverage Provided) Ln (Domestic m Provided) mD , NEl 'Ofi�! 100-1C• A L U S Ln gum -n •NE4 1,'OFiifYOQ24�• = ' Postage $ $0.41 0935 nj 99 ' $0.41 Postage $ cP 0 C3 Certified Fee $t• c $ ,. os rk C3 O Certified Fee $2.6 j 1 N 0 Return Receipt Fee $.1 ryh 0 Postmark to (Endorsement Required) p� f C3 Retum Receipt Fee c 9Here rl O ^ (Endorsement o.'pli d) $2•15 H Restricted Delivery•Fee CV J r-9 (Endorsement Required) $0• Restricted Delivery Fee $Q•�1-9 m $5.2 BG�O' OB (Endorsement Required) yJ-t n� Total Postage&Fees 2 y m Total Postage&Fees $'�•�i 02/07/2 w 0 Sent To Ln 0 0 _ I ------------------- No.;SentTo /V -- oxNo. /�O--- - - --------•----------------------------------------------3/ ��-•-- � 6 p�� Criryreet Apt No.; M or Oox N --0_417� i CIty.State,ZtP+4 ,v, t PS Form :11 June 2002 I Postal Servicew CERTIFIED ■ /•ff�estic Mail Only;NOInsurance .•. tr m I surance Coverage Provided) m -0 /• Only; m • ND ,esti NE OW 11�56 � A L U S r m .D • FItEkHEtP,�l 1�01 Y Postage $ $0.41 r%- 09 o 35- 98 RI Postage $ $0.41 p Certified Fee $2.65 110 C3 p N Postm p Certified Fee $2•65 , 8jg,,,Mmark O RetumReceipt Fee Q. } ^ Here a- O 41.g I (Endorsement Required) i rn p Return Receipt Fee $ •15 M H re (Endorsement Required) � (1 1 0 Restricted Delivery Fee $0.00 CO y (Endorsement Required) w IM Restricted Delivery Fee $0.00 >L 1� (Endorsement Required) m ' Total Postage&Fees $5.21 17=1c � .L O Ln 5 m Total Postage&Fees $ ' .•1 3 Sent To Y .T h�:I I - --•- - O Sent To � � S e f Apt!do p -- I tr e, -- or PO Box N.. �.D •- --- -- Street,Apt No.; O . .. ....... �./�I -- Clty,Stets,ZIP+�^ 1 "It or PO Box No. ----" City,State,ZIP+4/f ��lQ ,— ;11 11 _ It . A M MEMO, Ln r U §a t` TEA FK fi A L fu Postage $ $0.41 SdS� 0) pCertified Fee V2.65 -104,,bmark n C7 cn iffe8j C C3 Return Receipt Fee $2.15 J� y (Endorsement Required) 0 Restricted Delivery Fee $0.00 O�� 1� (Endorsement Required) 9 r=1 m Total Postage&Fees $5.21 02/0 I L.n Q Sent To /�+�Q,� G I Vi - `--------------------- Street Apt.No.; 1/1 p�r1Lp.�1----- OBoxNo. '2! - orP - --------- ---------------- —V State,ZIP+4 SECTIONS�NDER: COMPLETE THIS ■ Complete items 1,2,and S.Also complete A. Signature item 4 if Restricted Delivery is desired. X ► .' 0 Agent ■ Print your name and address on the reverse ssee so that we can return the card to you. B. Receiv (Printed Name) Dat/13 f Deli ry ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No p � Y &90 1/1 &ryv, *t ' 3. Service Type N 7 //) ❑Certified Mali ❑Express Mail { `7/ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4..Restricted Delivery?(Extra Fee) ❑Yes Article Number — mansfer froin service latiel) 7 0 0 5 3110 '0 0 0 0 2765 3495 Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SECTIONSENDER: COMPLETE THIS ■ Complete,items 1 2;and 3.Also complete' A. Signature: item 4 if Restricted.Dbllve is desired. ❑Agent ry X ❑Addressee 111.Print•your name and address on the reverse so that we can return the card to you. B. Received by(Printed me) Date of Delivery ■ Attach this card to the back of the mailpiece, gg eD6� 0�` or on the front if space permits. ff " D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No g•75-)�ii 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Arl i Mr P$Ft j 102595-02 VM-1540 I • • ON DELIVERY COMPLETESECTION ■ Complete items 1,2,and 3.Also complete A. Signature ❑Agent, item 4 if Restricted Delivery is desired. X ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name): C. Date of Delivery ■ Attach this card to the back of the mailpiece, 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 ol�yC,e �5 S 13 0 U— 74'f- 3. Service Type ❑Certified Mail. ❑Express Mail [3 Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article- .. • :i 70°05 3110 0000 2765 3570 (rransfer from service label) j 102595-02-M-1540 PS Form 3811,February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and S.Also complete A. Signature item 4 if Restricted Delivery is desired. X ✓v ❑Agent , ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Recei ed by(Print d Name) C. Date of elivery Q ■ Attach this card to the back of the mailpiece, or on the front if space permits.. 1: Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No rO 4 A��/ h,/ Q"� tp QO n� kod eoiV 3. Service Type // ❑Certified Mail ❑Express Mail kln rn C�❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 0 z 2. Article Number 7 0 0 5 31.10 0000 2 7 6 5 3501 o c — (Transferrfrom service!�, gL (� PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 LRI o rn n � 7005 3110 0000 2765 3600 y7 O� y d o� c . tQ i ma? "' rn N7o2: iu' ao 09 m ■ �l � m X I (COD m � .kA a n M ri) y Q:m gm io m p- Ct� - - � a cnw n cD D a, O `' 1 Ni• tPr •Nl• •kPri CDUQ N z H C T • .A tJ �-• 70 .p •� (� o� cn Uri6 � �� ' �;o ' 66-S 6 , r� COMPLETE • COMPLETE • ON ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired ❑Agent il Print your name and address on the reverse X A 10 Addressee so that we can return the card to you. B. Received (P inted Name) ._6.tp of Delivery ■ Attach this card to the back of the mailpiece, �1 �i „W or on the front if space permits. °J L 1.. Article Addressed to: '1 a _ D. Is delivery address di rent from item 1? Yes L r"j�• l if YES,enter delivery address below: ❑No 7%%v 3. Service Type ❑Certified Mail ❑Express Mail I El Registered [3 Return Receipt for Merchandise 0767 7�&)(/vim ❑ Insured Mail ❑C.O.D. 4: Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number, — !i ; . . 5i:35i87 (rransfer froin:s' 169 label)i. ! i i 7 0 D 5 31i10 O D 0 0 2 7;6; PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign ure item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X 4� Addressee so that we can return the card to you. EV Re ei ed by Printed ame) C. Dat of elivery ■ Attach this card to the back of the mailpiece, r/d� I or on the front if space permits. YY pp 1. Article Addressed t— � D. Is delivery address different from item 1? ❑Yes 'a�ljq •. n 6ft�I If YES,enter delivery address below: No ric n 19. L 6� 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered A Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number --- -- -- --- —--- -- — — (rransfe�from service label) i ,; ; ;7 0 0!5, 31`10 D 0 0 0 ;2 716 5 ;3 5 6 3 PS Form 3811,`February 2004 Domestic Return Receipt - 102595-02-M-1540 , , , : � .. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In- -X the Matter of the Application of /� AFFIDAVIT PAY1 1 Mavree4 CaG o o OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 11 -7 - q - 6 ------------------------------------ COUNTY OF SUFFOLK) STATE OF NEW YORK) 11 0��`T /-iC e.^�residing at 64:4f P4.,� , New York, being duly sworn, depose and say that: On the-2L _day of Fr, , O8 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 confine that the Poster has remained in place for sgven days prior to teat date of the subject hearing date, which hearing date was shown to be GD poi e) Sworn to before me this r 3-,�y day of F-�", 200-P 'ETEl:W. MCORaw NOTARY r0jL1C-iTATE Op NEW Yon No. 021MC61316T4 (Notary Public CuallHed In iullolk County My CoeledgWh EXPIM Aupwl at. 100► *near the entrance or driveway entrance of my property, as the area most visible to passersby. �y T �,. .r ;a- t e ass E• _—.r -,k;wJNING BOARD OF APPEALS -- MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st.Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net January 29, 2008 Re: Town Code Chapter 55 — Public Notices for Thursday, February 28, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before February ,1th : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible; AND not later than February 12" : please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 20t": please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to February 28, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. i_ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net April--- , 2008 Re: Town Code Chapter 55— Public Notices for Thursday, April 24, 2008 Hearing 6E6LeX)06 Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 7t" Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED" -MAIL, `RETURN ' RECEIPT �) t`-QLJE�TEQ to owners of propert tax map with property numbers enclosed), vacant or I I T' improved, which abuts and any property which is across from any public or private street. Use the current owner name and addressqs shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County 3- Center, Riverhead. If you know of another address for a neighbor, you,.may.want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon aspossible; AND not later than April 81 : Please either mail or deliver to our office your Affidavit of Mailing. (form enclosed) with parcel number,, names and addresses noted, and furnish it to our �S office with the white receip $postmarked by the Post Office. When the green signature card, isare'returned to you. by the Post Office, please mail or deliver tla� to us before the scheduled hearing.(if any signature card is not returned, please advise the Board during the,hearing a.nd provide fhe card (when available). These will be kept in the permanent record.as proof of.all. Notices. 2) Not Later April 14thi1:4ase make arrangements to place the enclosed Poster on, a signboard such as Ord oard, plywood or other material, posting .it at your property for seven (7) days (or�r�ore) until the hearing is held. Securely place the sign on your property facing the street, no'mbre than 10 feet from the front property line bordering the street.. If you border more than one stre��or roadway, an.extra sign is available for the additional front yard. Please delis &your Affidavit -of Posting prior to April 24, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. 'ji Office Location: `O COGy Mailing Address: Town Annex/First Floor,North Fork Bank o co53095 Main Road 54375 Main Road(at Youngs Avenue) 0 • P.O. Box 1179 Southold,NY 11971 y 0! Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 FACSIMILE TRANSMITTAL SHEET T Fax# ECO — P� 020� �lo Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: 19 ��/off -2 — ❑ URGENT ❑ FOR YOUR UPDATE ❑ PLEASE COMMENT ❑AS REQUESTED ❑ _____________ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initial W.7 Tov�n of Southold ZBA U App Name O ap 0`Fl! No3' C�II EQI ► ` Board Member Ruth D. Oliva ► ❑ hl►ste y ►t Search , . . . .. !C�Qther f lear'►ng T►me ., t 2 37 AM r ile.Number 6127 Tay Map 117 9 6 ;;App: Name Cadoppo, Paul and Maureen :':': Rece►ved Date J1t�/ f108��Tot Fees< Y�400 00 I Hamlet$ New Suffolk Type` Res►dential Zones R 40 I :'Date forwarded to Town Clerk 1/11/211 I Stafus New lA,ct►on ► Meet►ng Dates` { Build►ng Dept _ ,Mee ►ng Ddte, ND Date 1 /27/2007 Location 735 Jackson Street ► Hear►ng Date i /28/20081 N D Date 2 Short Const. Accy in-ground pool - 200-124, max. lot ' Desc coverage 20% - per plan lot coverage 23.4% Heai►ng Date 2 `ND Date 3 Copy, _? ffiHearing Date 3 ND Date,-4 1 8 He'ar►ng Date 4 ► f ND Date S Prior ZBA #6020 (2007) t Hsu c _ ,.' � Notes, �� He ®atar►ng Date"5 pAND e 6 Acton N e,7 ' -- f 1 Date D Dat i 1/11/2t308 , 11�51-." -- ,GABS �—N-U-•M-~� � � . -f,�, � � Developed by the'Soufhold�Town Data P,rocessi g partment °? 14UTit uF AR' 114 � The following application will be heard by the- Southold Town Board of Appeals at Town Nall, 53095 Main Road, Southold: NAME : CACIOPPO , P . 8: M . #6127 MAP # nE 17 7-9-6 APPEAL : Yard Location ; lot coverage REQUEST: Accessory In-Ground Pool DATE : THURSDAY, Apr. 24, 7 : 20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765= 1809 Office Location: �� c • O 'Mailing Address: j�0 Gyl Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) - '*�+ P.O. Box 1179 Southold,NY 11971 y 0�� Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# e" 73y- Date: p TOTAL NO.OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: ❑URGENT ❑FOR YOUR UPDATE ❑ PLEASE COMMENT ❑AS REQUESTED ❑ _____________ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials (i' AC�o�Po 11-7- -� N 205100 OAK RD. (50•) n 1 LINE (i °° 1 - 2 . oo " 5 a MATCH _ ,1^ I ! )'T f*e•� _ 4 FOR PCL.NO. 1.2Ae /q _ SEE SEC.NO. v Is 7� I30-6-034 u n _ 9 ' 3.1 �j�� I 8 1.9A(c) s Itc) oI ,° TUTHILL RD. 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"ATER 16.4 nas s zuxoE 15 , 13. =a �a�0 ,SAVE. „ s -,7 l2 ',e�� -21 24` - -" 19�• 3.3A1c1 N ee.NEW SUFzFOLK 00 .0 °9 11 - ,° 515.1e 31 6 w z1 13Alc) 4.1 2.9AIc1 x _ "( rs =10 ~ 22 r 13A1c1 ,,vn ne y,W 6 ,a, no da2Oy5a o ' 18.1 - �20.1: SW1Hat0 O 20 . 3.3 4.1 1 2 7.lAlc1 I.SA ..1.2A(c7 _ j0 11 _19 cem n 5 6 7 B 9.1 9.2 90 (c)� 2.1A(0 1.8A(c) 1.2A - +.' p0 P•D' ,012.1 112.2 3,4 4.zr 10 ° N, f.0, 2 ,,, I MW SeOREUxE BAY �^ ,,crnNIC APPEALS BOARD MEMBERS ��f$UUr Mailing Address: James Dinizio,Jr.,Chairman may, yp` Southold Town Hall h O 53095 Main Road-P.O. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Ruth D. Oliva Office Location: Michael A.Simony iQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��C17UNV 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS l TOWN OF SOUTHOLD � d.3'yJ`�� Tel.(631)765-1809-Fax(631)765-9064 �A 3 2�Oj FINDINGS, DELIBERATIONS AND DETERMINATIONSOIIthOId Town Cler MEETING OF MAY 10, 2007 ZB File`'No. 6020—Paul and Maureen Cacioppo - Property Location: 735 Jackson Street, New Suffolk CTM 117-9-6 . SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in.this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 13,055 sq. ft. non-conforming parcel in an R-40 District with 100 feet along Jackson Street and is improved with a single-family dwelling and accessory cottage building, as shown on Site Plan dated 2-23-07 prepared by Boulevard Planning P.C. and June 22, 1955 survey by Otto W. VanTuyl & Son. BASIS OF APPLICATION: Request for Variances based on the Building` Inspector's February 7, 2007 Notice of Disapproval, amended March 6, 2007, stating: (1) under Section 280-15, the side yard setback shall not be less than five feet, for the existing accessory cottage, approximately 16 feet in height; (2) under Section 280-15B, the existing accessory garage will result in a side yard location instead of a code-required rear yard, after,the proposed construction; (3) the proposed additions to a nonconforming accessory cottage use are not permitted under Sections 260-13C and 280-121A; no enlargement, alteration, extension, reconstruction, or restoration, or placement on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever; and (4) under Section 280-124, the proposed additions and alterations to the single-family dwelling are not permitted for the reason that the new construction will be less than 35 feet from the rear lot line and the lot coverage will exceed the code limitation of 20 percent building coverage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 26, 2007, 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: Page 2—May 10,2007 ZB File No. 6020-Paul and Mau ;acloppo CTM No. 117-9-6 AREA VARIANCE RELIEF REQUESTED: The applicant proposes a second-story addition and extensions to an existing single family dwelling, as well as a five-ft. wraparound pergola attached to the existing nonconforming accessory building, as shown on site and architectural drawings prepared by Boulevard Planning, P. C. dated 2-23-07 (SP1, Al, A2, A3, A4, A5, Cl). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The lot coverage requested by applicant is 2,946 square feet (22.5%) instead of the code limitation of 2,611 square feet (20%). Denial of the requested variances, and grant of alternative relief will provide for more conformity to the code, substantially reducing the lot coverage as requested (22.5%) to 21.4%. The alternative relief for a 6 ft. reduction in the size of the garage, from 2423 to 18x23 would also increase the rear setback to substantially meet the code minimum setback, from the request of 27.75 feet, to 32 feet. The alternative relief will not produce an undesirable change or detriment to nearby properties because most of the homes in the immediate neighborhood are one-story buildings, while others on Jackson Avenue are much larger (although on larger parcels). 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance due to the nonconforming size of the property and buildings. 3. The variances requested are substantial. The code requires a minimum rear yard setback at 35 feet, minimum 5 ft. side yard setback for the addition to an accessory cottage, and maximum lot coverage of 20%. The applicant requested a 7.25 ft. reduction to allow additions to the dwelling 27.76 feet from the rear lot line, 4.5 ft. side yard setback for the accessory building, 22.5% lot coverage for an increase of 326 square feet (2.5% of the lot size, or 12.5% of the code allowance. 4. The difficulty was self-created as the applicant knew the conditions that were present when the property was purchased. 5. No evidence has been submitted to suggest that a variance (alternative relief) 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 additions and pergola, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3—May 10,2007 ZB File No. 6020-Paul and Maure cacioppo CTM No.117-9-6 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to Deny the relief as applied for, and to Grant alternative relief: 1) by reducing the length of the garage by 6 feet to allow a reduced size of 18x23 feet (instead of 24x23 feet), increasing the rear setback to 32 feet (and conforming side yard of 12 feet); 2) allowing the 5-ft. wide pergola shown on the 2/23/07 site and elevation drawings prepared by Boulevard Planning P.C. at 4.5 feet from the side yard and 6 feet from the rear yard, with the condition to pergola remain open, not enclosed; 3) reducing the overall lot coverage to a maximum of 21.4%. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was dul dopted (5- 'ames Dinizio Jr., Ch an 5-3a -2007 Approved for Filing RECEIVED 4 3:�5e•m. AY.VOQ'�Z 1 Southold Town Clerk m R.T.Tyrrat __'�"' s• do"" H. 2UTN S. QUA f NlLw Su":aLK 'towM OF 2sowro4oL.0,M.Y. 2007 Doo•!1.li4e10 a%t00% J aas w.ur.s.ww.rID I JACKSON •STQEVT in CD Lo � Cn -3 ., � • i;,i�iat•o�t4eed •�tr+Ho S�a�tir�ly.'�'a•i4s c 'Sc4ls:40`=l• r t 6t•d�.'�httyy 'Goir�pagt 1 ikt Ner•th �•rlt. Bonk s '�rast Cc�. � � ■•vrtwwaw+s+Nt' • a ' ai s}�w!yerd 4ws Z,Z,19�5_ _ Ot i. W..va" Iu jt 4•So" cn m 1_iGcar�iitd S.gkvayors , w ' 3tsen v4.Na**Yor4. 5 75.4b zb E b ADDITIONS d LEGEND AND ALTERATIONS 2 O i I�, s,o .raw rznxrmev AT THE 9s.ss, ei.cNnxNxeosxmr CACIOPPO c.To,rcN.—. RESIDENCE I n�< Nc sror nrv. _ JACKSON STREET C lay Q wzo' ae NEW SUFFOLK,NY NEW PERGOLA In'oj 9 m rxs�s wti cz�ssz�a 1; ATTACHED TO I/ I sa —e—e— (NM . COTTAGE I S.C.T.M,ff 100 9—n / ` xew uroe.oOm�seevlee r ry> 0.1 REVISIONS DATE; �'•L"//I a I 3 .6_ I ..ADDITION 211b 10• � .mlaoN bj •' ��Y,�o I �/ I �f7b° I 1 . (YARD b I,Y.1gID; . 0 P.Dep5w P.0 15' I 1 5i0RYAD MN B SEi I i0 ACK I 7n aqh 1 � N 73^ d 1 3 3s 0o^W a 1 ^x BOULEVARD PLANNING P.C. Arj<—n no osras pD b h curaoDuc,N.v.jinx en.n..wN mrN vre imrm.x".,x.nn I m„ SITE PLAN ^••,••�••,^• �.",••• SITE AND ZONING DATA m amx..zr� .u loon zsr*zz FOR ZBA USE ONLY .,...... , NOT FOR CONSTRUCTION �Q643 SP_- 1 � I II Feb 28 08 09: 03a Jennifer Jacobs 718-832-1570 p. 1 FAX COVER SHEET Date: February 28, 2008 To: Linda Kowalski, Southold Zoning Board of Appeals FAX: 631-765-9064 Phone: 631-765-1809 From: Jennifer Jacobs Phone: 718-832-1570 Total Pages(including this cover sheet): f. � ogUFFO(�-c Office Location: �. OGy Mailing Address: Town Annex/First Floor,North Fork Bank o 03 53095 Main Road 54375 Main Road(at Youngs Avenue) - • P.O. Box 1179 Southold,NY 11971 �� Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax# Z—Aot�' -73 7-� Date: TOTAL NO. OF PAGES INCLUDING COVER: 4/ /ate ) SENDER'S TELEPHONE NUMBER: 765-1809(press 1 at voice recording) REFERENCE:: ❑URGENT ❑ FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ _____ �__ NOTES/COMMENTS: Please find attached copy/copies of the following: AlI Thank you. Sender's Initi