HomeMy WebLinkAbout6137 1,
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APPEA&,S BOARD MEMBERS �OF so Mailing Address:
Gerard P. Goehringer, Chairman �p� �1 Southold Town Hall
53095 Main Road•P.O. Box 1179
Ruth D. Oliva Southold,NY 11971-0959
4AIJames Dinizio,Jr. G • Office Location:
Michael A. Simon ip, Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman IyCOum,� 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD REC IVED 4—
Tel. (631)765-1809•Fax(631)765-9064 ' 2-2—
APR 2 1 10t�8
FINDINGS, DELIBERATIONS AND DETERMINATION MEETIN a�'°' a'
MEETING OF APRIL 10, 2008 Southold Town Clerk ----- --
ZB# 6137: Application of JSC RESOURCES
Property Location: 3190 Haywaters Road, Cutchogue CTM 111-11-13
SEQRA DECLARATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's lot consists of a combined lot area of
39,045 square feet (combined Lots 411 and 412 on a 1926 Map of Nassau Point Club
Properties, Inc., with 322.09 feet along the easterly lot line along Haywaters Road, 156.00
feet along the northerly side line, 321.46 feet along the westerly rear line, and 88.07 feet
along the southerly side line. The premises is improved with 11/ story, single family
dwelling, accessory frame garage, and (as-built) in-ground swimming pool, as shown on
survey prepared by Nathan Taft Corwin II, Land Surveyor, dated September 14, 2004,
revised January 29, 2008.
BASIS OF APPLICATION: Request for a Variance under Section 280-15, based on the
Building Inspector's February 11, 2008 Notice of Disapproval concerning an as-built
accessory swimming pool situated in a side yard rather than the code-required rear yard.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 27, 2008, at
which time written and oral evidence was 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 requests a variance under Section
280-115 concerning the existing, or as-built location of a swimming pool in a yard other than
the code-required rear yard. The pool is situated at the south side of the dwelling with a
setback of 31 feet from the westerly rear lot line and 53.6 feet from the front lot line adjacent
Page 2—April 10, 2008
ZBA#6137—JSC Resources
CTM 111-11-13
to Haywaters Road, as shown on the January 29, 2008 survey prepared by Nathan Taft
Corwin III.
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 variance will not produce an undesirable
change in the character of the neighborhood or a detriment to nearby properties. The in-
ground pool is at the top of a steep bank and not visible from the road.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant (a swimming pool) could
not be achieved by any feasible method other than an area variance. Owing the shape of the
lot, the side yard is the only available yard for a pool. The depth of the lot ranges from 88 to
156 feet, and there is a steep bank on the property. The lot is 322 feet wide, but the house is
only fifty (50) feet from the rear boundary at its closest point.
3. Town Law §267-b(3)(b)(3). The variance sought is not substantial, given the configuration
of the house and property.
4. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The pool was created at
the same time as the house, and is a result of the applicant's failure to notice that a separate
building permit for the pool had not been issued when receiving the building permit that
was issued for the house.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in
this residential community will have an adverse impact on the physical or environmental
conditions in the neighborhood.
6. Grant of the relief requested is the minimum action necessary and adequate to enable the
applicant to enjoy an accessory swimming pool, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Simon,
Page 3—April 10, 2008
ZBA#6137—JSC Resources
CTM 111-11-13
seconded by Chairman Goehringer, and duly carried, to
GRANT the variance as applied for, as shown on the survey revised January 29, 2008
by Nathan Taft Corwin III, L.S.
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 Goehrin irman), Simon and Weisman.
Member Dinizio and Member Oliva were absent. 17his Reso tion s do p d (3-0-2).
and P. Goehringer, Chair n 4/1J72008
Approved for Filing
�a
SURVEY OF
LOTS 411 & 412
MAP OF
NASSAU POINT SEUBNPDROPERTIES , INC . 0N-D
R
FILE No. 806 FILED MAY 7, 1926
SITUATED AT R, ,30.' E
NASSAU POINT CA 5 e3 ;,4' a d
TOWN OF SOUTHOLD : aA'
SUFFOLK COUNTY, NEW YORK
1000- 1 1 1 - 1 1 - 13 a .
SCALE 1 "=20' IT 410 W •' d '
SEPTEMBER 14, 2004 L0 00 IF°°
52
SEPTEMBER 20, 2004 SURVEY FoPIPE
JUNE 8, 2005 REVISED PROP. SEPTIC SYSTEM LOCATION I� d. .
DECEMBER 27, 2005 FINAL SURVEY ,
JANUARY 29, 2008 UPDATE SURVEY
e d,.l O °.
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FINAL MAP 4
REVIEWED BY ZBA i
NCE ...
SEE DECISION # f_137 32E d °
DATED I 1 C' I 1?-D0
PREPARED WITH THE MINIUM
I� r
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o
STANDAR SIFOR TITLEANCE SURVEYS AS ESTABLISHED i ° .
BY THE L.I.A.L.S. AND—APPROVED AND ADOPTED �u OVERHEAD WIRES
FOR SUCH USE-'TY TH ORK STATE LAND j ° d
TITLE ASSOC� cm-F I`E W a
a
"1 2 0 I
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N.Y.S. Lic. No. 50467 -- -� •�J FoUNp CA. o25. .. ..a:. . .
UNAUTHORIZED ALTERATION OR ADDITION
TO THIS SURVEY IS A VIOLATION OF
SECTION
Nathan Taft Corwin III EDUCATION209 LAWOF THE NEW YORK STATE 7 W. I�
a e
COPIES OF THIS SURVEY MAP NOT BEARING
Land Surveyor THE
MBOSS D SUEAL SHALL INOTDBEECAL OR
ONSIDERED EONCg MON• S Q Q.O�
C�CJ e
TO BE A VALID TRUE COPY.
CERTIFICATIONS INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
Title Surveys — Subdivisions — Site Plans — Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND
LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI— 1,0T
413
PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE.
OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY
322 ROANOKE AVENUE P.O. Box 1931 AND/OR EASEMENTS OF RECORD, IF
RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 ANY, NOT SHOWN ARE NOT GUARANTEED.
02-01-2008 13:45 SOUTHOLD BUILr'•?4�7, DEPT 16317659502 PRGE1
G�CC��Od�D
FORM NO. 3
FEB ?v
NOTICE OF DISAPPROVAL
TOWN OF SOiTI"HOLD
Date S0jj&pl ja0%PPEAL5
TO: Patricia Moore Esq. for
JSC Resources Inc.
51020 Main Rd.
Southold,NY 11971
Please take notice that your application dated January 31,2008
For apermit for an"as built" accessory inground swimming pool t
Location of Property: 3190 Haywaters Rd., Cutchogue, NY
County Tax Map No. 1000- Section I I I Block 11 iaot 13
Is returned herewith and disapproved on the following grounds:
The"as built"construction of an inground swimming pool on this
nonconforming, 39,045 sq. ft. parcel in an R40 Zone is not permitted pursuant to Article
XXH, Section 280-15 which states:
"In the Agricultural-Conservation District& Low-Density Residential R80...
Districts, accessory buildings &structures or other accessory uses shall be located in the
required rear yard, ..."
The"as built" inground swimming pool is located in the side yard.
Authorized Signature
I
RECC V D
APPLICATION TO THE SOUTHOLD TOWN BOARD OF A PEALS
F$ 4#DFiled By: _ Date Assigned/Assignment No. �� 'APP LS
House No._3190_Street Haywaters Road Hamlet Cutchogue
SCTM 1000 Section I I I Block 11 Lot(s) 13 Lot Size 39,045 Zone R-40
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED
January 31,2008 BASED ON MAP DATED September 14,2004(last dated 1/29/08)
Applicant(s)/Owner(s): JSC Resources,Inc
Mailing Address: P.O.Box 1551,Quogue NY 11959
Telephone: 987-6730 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: Patricia C.Moore Esq. for( )Owner,or ( )Other:
Agent's Address: 51020 Main Road,Southold NY 11971
Telephone 631-765-4336 Fax#: 765-4643 Email: pcm000rel.60optonline.net
Please check box to specify who you wish correspondence to be mailed to,from the above names:
❑Applicant/Owner(s),or S Authorized Representative, or ❑Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED_September 14,2004 last
dated 1/29/08 and DENIED AN APPLICATION DATED February 1,_2008 FOR:
E Building Permit
❑Certificate of Occupancy ❑Pre-Certificate of Occupancy .
❑Change of Use
❑Permit for As-Built Construction
❑Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article III Section 280- 15 Subsection (pool in side yard)
Type of Appeal. An Appeal is made for:
E A Variance to the Zoning Code or Zoning Map.
❑A Variance due to lack of access required by New York Town Law-Section 280-A.
❑Interpretation of the Town Code,Article Section
❑Reversal or Other
A prior appeal❑has,H has not been made at anytime with respect to this property,UNDER Appeal
No. Year (Please be sure to research before completing this question or call our office for
assistance.)
Name of Owner: JSC Resources,Inc. ZBA File#
REASONS FOR APPEAL(additional sheets may be used with I!Mparer's signature):
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: The new house and pool were constructed at the
same time under building permit 307208. The owner applied for a building permit for the house,pool
and decking. The house and pool were constructed simultaneously. The pool was inspected by the
building department, but no one realized that a variance was required. When the CO was issued for
the house the CO excluded the pool. The lot is wide with 322 feet along Haywaters Road. The only
area available for the pool is the side yard due to the shallow lot configuration. The owner would have
applied for the variance when the building permit for the house was issued had he realized that a
variance was required. The property is for sale and the purchaser was researching the permits. The
CO for the pool was found to be excluded from the final permit. This was an unintentional omission
from both the owner and the building inspectors, everyone believed that the building permit included
the pool.
The Zoning board has granted other variances for pools in the side yard in Nassau Point. The lots in
Nassau Point are one half acre in size but nonconforming lot configurations. On Carrington Road a
similarly wide property, Harrington property (now ElChaar), has a pool in the side yard (variance
# 1452 dated 9/71).
(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: If the pool were in the"rear yard" the pool
would be close to the rear property line and not allow for adequate screening. If the decking attached
the pool to the principal dwelling the pool would require a variance for the rear yard (requires 50
feet). The property is naturally sloped, the slopes of the property makes placement of the pool on the
level area of the lot the best practical location.
The pool in the side yard is the best placement for the pool and protects the owner's and
neighbor's privacy.
(3) The amount of relief requested is not substantial because: The pool maintains all required
setbacks. The location of the pool in the side yard,if connected to the principle structure,is permitted
however other variances may be required. Therefore, this is a technical violation of placement of the
accessory structure without violating any setbacks.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because:
The property has been developed with walkways and retaining walls. There are no environmental
issues affecting the property. The house comlys with all drainage requirments
(5) Has the alleged difficulty been self-created? (X)Yes,or ()No. However,the building permit was
issued without noticing that a variance was required prior to construction of the pool in the side yard.
Are there Covenants and Restrictions concerning this land: E No. ❑Yes(please furnish copy).
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health,safety,and welfare of the community.
Check this box( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET.• (Please be sure t your attorney.)
Signature of Appellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn ta before me '
day , ,,n
RKINS
otaryP C WGWVpublis,State of Now Y*k
No.01PE 6130M
Qualified In Suffolk County Q�
Carnnussiat Expires July 1�!
TOWN OF SOUTHOLD l -«.:' .. BUILDING PE: IT APPLICATION CHECKLIST
J ; ...
BUILDING DEPARTMENT !s j Y' Do-you ha e or need the following,before applying?
TOWN HALL �'�°;; r JAN 3 Board of Health
SOUTHOLD,NY 11971 i € s� 4 sets of Building Plans
TEL: (631) 765-1802 ( x; E Planning Board approval
FAX: (631) 765-9502 ....... ._ Survey
www. northfork.net/Southold/ PERMIT NO. Check
Septic Fonn
N.Y.S.D.E.C.
Trustees
Examined ,20 Contact:
Approved_ 20 Mail to:
Disapproved a/c.
APPROVAL Phone:
Z z�
Expiration -61730
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS-
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
A c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in tho interim,the Building Inspector may authorize, in writing,the extension of the pen-nit 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 Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances.or ' ..-.. .._.
Regulations, for the construction of buildings, additions, or alterations or for removal or dem ition as herein described. The
applicant agrees to comply with all applicable laws, ordinances,building code,housing co ?andns, and to admit
authorized inspectors on premises and in building for necessary inspections.
es
(SiJdature of applicant or name,if a corporation)
OICA "oun
(Mailing address of applica(J)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
75
Name of owner of premises
:. (As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer) Poe,/
Builders License No. �U� s Va44 a-i-te-� r
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
House Number Street 0 Hainlet
County Tax Map No. 1000 Section f l Block 1 j Lot I
Subdivision Filed Map No. Lot - -
(Name) -_.
t
2. State existing use and occupancy of premises and intended'use and occupancy of proposed construction:
a. Existing use and occupancy 0�u PC)o, ` C(3 p-env-fi 30-7-QL0
b. Intended use and occupancy �-j t, �o f �o�, vac c fi�c4 worn
3. Nature of work(check which applicable): New Building x Addition_. Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
T . Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear.
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories _
9. Size of lot: Front Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO
14. Names of Owner of premises Address Phone No.
Name of Architect Address Phone No
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO
* IF YES, 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.
_ If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF
0.irYi C-S 2- ZZi Pre S being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing co tract) above named,
r
(S)He is the Pre s. Ts C_ EQ"c'
(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.
Sw_ orn to before me this
da of 2Q V
Notary Public Applicant
PATRICIA C. MOOR
(Votary Public,State of New York
Suffolk County-No.4861662
Commission Expires Junin '16,
FEB-5-2008 04:13P FROM:NATHAN CORWIN 6317271727 To: (654b4�
NATHAN T. CORWIN III LAND SURVEYOR PC
(successor to Joseph A. Ingegno,PLS
Tel: (631)727-2090 Offices located at
.Cax:(631)727-1727 322 Roanoke Avenue
P.O. Box 1931 Riverhead, N.Y. 11901
E-Mail: ncorwin3naol.rom maps,plans
FAX COVER
Date:
To: e,
Prom:
Re: -1�X Lod /oao- l6l -- l 13 l
Comments:
orLh D.
Z s yJ
Number of pages including cover; _J—
TOWN OF SOUTHOLD PROPERTY RECORD CAN®
13
OWNER STREET VILLAGE DIST. SUB. LOT
Ad y A5 j,j,d
FORMER OWNER N E ACR.
S W
TYP
E OF BUILDING
.14 v
ZES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value
I A KID IMP. TOTAL DATE REMARKS ff
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/Moo /9, 600
AGE BUILDING CONDITION
Nivv NORMAL BELOW ABOVE
'FARM Acre Value Per Value
Acre
2
Tillable 3
Noodland
;wetripl,and FRONTAGE ON WATER
3rushiand FRONTAGE ON ROAD
louse Plot DEPTH iv
BULKHEAD
roto I DOCK
�s COLOR
a
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TRIM
1st 2nd
Ll
M. Bldg. k' 1. _�, Foundation CB Fin. B. Bath Dinette
t -33/ S FULL COMBO
f 6 �" CRAWL PARTIAL
ension d Basement Floors Kit.
SLAB
Extension 2k gym ` Ext. Walls Interior Finish L.R.
Extension x ��� --� � � -— ------- - - ---- -- --- ----- - -- -----
�� } -< ( Fire Place Heat D.R.
Patio k Woodstove BR.
Porch Dormer Baths
Deck Dock Fam. Rm.
A.C.
Garage
O.B.
Pool
e.
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z-31534 Date: 04/13/06
THIS CERTIFIES that the building NEW DWELLING
Location of Property: 3190 HAYWATERS RD CUTCHOGUE
(HOUSE NO.) (STREET) , (HAMLET)
County Tax Map No. 473889 Section 111 Block 11 Lot 13
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office -dated SEPTEMBER 30, 2004 pursuant to which
Building Permit No_ 30720-Z dated OCTOBER 25, 2004
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is SINGLE FAMILY DWELLING WITH GARAGE UNDER & COVERED FRONT
PORCH AS APPLIED FOR.
The certificate is issued to JSC RESOURCES INC
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-00-0133 02/09/06
ELECTRICAL CERTIFICATE NO. 05-2338 01/27/06
PLUMBERS CERTIFICATION DATED 09/08/06 PLUM TECH.
A thorized Signature
Rev. 1/81
r
FORM NO. 3
` TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 30720 Z Date OCTOBER 25, 2004
Permission is hereby granted to:
RESOURCES INC JSC
6 OLD COUNTRY RD
QUOGUE,NY 11959
for
C'nrTSTRUCTION OF A NEW SINGLE FAMILY DWELLING WITH GARAGE UNDER AND
LVvERED FRONT PORCH (FOUR BEDROOMS) ; POOL NOT INCLUDED
at premises located at 3190 HAYWATERS RD CUTCHOGUE
County Tax Map No. 473889 Section 111 Block 0011 Lot No. 013
pursuant to application dated SEPTEMBER 30, 2004 and approved by the
Building Inspector to expire on APRIL 25, 2006 .
Fee $ 2 , 204 .40
l Authorized Signature
COPY
Rev. 5/8/,02
STEVEN HILL
(� rP 70 BEAUMONT DRIVE
MELVILLE, NEW YORK 11747 P,
(631) 643-3413
MAR � ® 2008
(37
ZONING SOARD OF APPFALS
10
March 7, 2008 �21
Zoning Board of Appeals
53095 Main Road
PO Box 1179
Southold, NY 11971-0959
Attn: Gerard P. Goehringer, Chairman
Re: Application of JSC Resources for 3190 Haywaters Road, Cutchogue
Hearing Date: March 27, 2008
Dear Members of the Board:
I am writing in support of the variance application being submitted by James Zizzi on
behalf of JSC Resources for permission to maintain an as-built accessory swimming pool in the
side yard of the property located at 3190 Haywaters Road, Cutchogue, NY. My wife Linda and I
are in contract to purchase the subject property from JSC Resources. I apologize in advance for
not being able to attend the hearing in person, however, I am scheduled for major spinal surgery
on March 13, 2008, and I will be incapacitated for many weeks following the surgery.
My doctors and physical therapists have recommended that pool therapy will be very
beneficial to my rehabilitation from my spinal surgery and the continued treatment of my spinal
condition. We are hoping to close on the purchase of the property as soon as this variance
application is approved and the correct permit for the pool obtained. A rapid approval of this
application will certainly help expedite the closing so that we can move forward with our plans
to move in and continue my rehabilitation using the pool at our new home. Anything that can be
done by the board to expedite the issuance of an approval of this application would be
appreciated.
I hope you will agree that due to the configuration, topography and layout of the property,
that the location selected by Mr. Zizzi for the pool was the only logical and practical location for
a pool on the property. It would create quite a hardship if the pool, which has been in existence
for close to two years, could not be allowed to be maintained legally in its current location. It is
my understanding that Mr. Zizzi had thought he had all the appropriate approvals for installing
the pool in its current location, and it was not until recently that he discovered that, although he
had all of the permits for the other improvements at the property, he did not have a permit for the
1
Zoning Board of Appeals
March 7, 2008
Page 2
pool. Accordingly, I would hope that you excuse him for not seeking your approval for the pool
earlier.
Linda and I are truly looking forward to closing on the house and becoming members of
our new community in the Town of Southold. The approval of this application will help make
this a reality. Please let us know if you have any questions or if there is anything further we can
do to help you decide upon this matter.
Thank you for your courtesies and cooperation.
Very truly yours,
GL�
teven Hill
cc: Patricia Moore, Esq.
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:_JSC Resources,Inc Owner: same Date Prepared: Febru iry 1 266F.ClEEME10
I. For Demolition of Existing Building Areas F E B 5
Please describe areas being removed: N/A 2008
II. New Construction Areas :new pool(constructed with a building permi )BOARD O�APPEALS
Dimensions of first floor extension: 30' x 40' (irregular shape)._
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 if Existing Building Alterations or Structural Changes
(attach extra sheet if necessary)- Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
W. Calculations of building areas and lot coverage all buildings on property(from
surveyor):
Existing square footage of buildings on your property: less than 20%
Proposed increase of building coverage:
Square footage of your.lot:39,045 sq.ft.
Percentage of coverage of your lot by building area:
V. Purpose of New Construction: obtain a CO for a pool in side yard (as built)
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.)on
yourland
and how it relates to the difficulty in meeting the code requirement(s): Sloped lot with
wide road frontage but 100 feet in depth along area of pool 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
QUESTIONNAIRE + .
FOR FILING WITH YOUR Z.B.A.APPLICATI FEB 5 2008
OWNER: JSC Resources,Inc
CTM: 1000-111-11-13
A. Is the subject premises listed on the real estate market for sale? BOARD OF APPEALS
Yes No
B. Are there any proposals to change or alter land contours?
No ❑Yes,please explain on attached sheet.
C. 1)Are there areas that contain sand or wetland grasses? No
2)Are these areas shown on the map submitted with this application? Yes
3)Is the property bulkheaded between the wetlands area and the upland building area?
No
4)If your property contains wetlands or pond areas,have you contacted the office of the
Town Trustees for its determination of jurisdiction?_N/A 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? No
E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown
on the survey map that you are submitting? _No (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? No
If yes,please submit a copy of your building permit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? No If yes, please label
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel residence with pool and
proposed use same
(examples. existing: single-family; proposed: same with garage or pool,or other description.)
A red Signature and Date 2/05;
1/07
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The
purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to
take whatever action is necessary to avoid same.
YOUR NAME:
JSC Resources,Inc.,and PatriciaC.Moore Esq._
(Last name,first name,middle initial,unless you are applying in the name
of someone else or other entity,such as a company. If so,indicate the
other person or company name.)
NATURE OF APPLICATION:(Check all that apply.)
Tax Grievance
Variance X_
Special Exception
If"Other",
name the activity:
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other
Do you personally,(or through your company,spouse, sibling,parent,or child)have a relationship with any officer or
employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business
interest" means a business, including a partnership, in which the Town officer or employee has even a partial
ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the
shares.
YES NO_X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the
appropriate line A through D(below)and/or describe the relationship in the space provided.
The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply):
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant(when the applicant is a corporation);
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted t ism f
Signatu. :
Print N6 .
James Zizzi,Pres
JSC Rescources,Inc
Patricia C.Moore
60
ti
i
I
*.3 37S 7
i
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 27, 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. MARCH 27, 2008:
9:40 A.M. JSC RESOURCES BY JAMES ZIZZI, PRESIDENT #6137. Request for a Variance
under Section 280-15, based on the Building Inspector's February 11, 2008 Notice of
Disapproval concerning an as-built accessory swimming pool situated in a side yard rather
than the code-required rear yard, at 3190 Haywaters Road, Cutchogue; CTM 111-11-13.
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.Kowalskia_Town.Southold.ny.us .
Dated: March 3,2008. 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 11,971-0959
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 an is a printed copy, has been regularly published in
said Newspaper once a week for 1 week(s),successively,commencing on the 20t1,
day of March,2008:
m �f� Principal Clerk
Sworn to before me this _ _ (I day of_ ) (J�- 0\_ 2008
setback•noncvnformance when'located,. buildingjs proposed-at less than five(5) .
,less'than,50-feet from the,front yard line, :'feet fromdhe property line and with a lot'.
.. .at 9.0 Sterling%Road,Cutchogue,CTM `coverage which exceeds the code limits-
LEGAL NOTICE 1011:1 1. lion of oc%.(existing 27.43%lot cover-
SOUTHOLD TOWN ZONING � 11:15 A.M.� OZ ANNF and JOHN�..age) Location of.Property:145 King Il YNL 1 V
BOARD OF APPEALS GOUVEIA #6144 Request*for-Van Street,Orient;CTM 1000-126-1-23.
THURSDAY,MARCH 27,1008'- ancesunder Section 280-124,based on 12:30 P.M. SFYRO AVDOLILOS VOLINSS '
PUBLIC HEARINGS the Building Inspector's Notice of Dis- #6145..(1)This is an Appeal of the Feb- CHRISTINA
NOTICE IS HEREBY GIVEN,pur- approval concerning proposed addition ruary 29,2008 Stop Work Order issued PUBLIC.STATE OF NEW YORK
suant to Section 267 of the Town Law and and alterations to the existing single- under Section 144.13 of the Town Code,
Chapter 280(Zoning),Code of the Town family dwelling,which new construction which Order states that recent construc- ; NO.()1.V0610606()
of Southold,the following public hear- will result in a setback at less than the tion work has gone beyond the scope of iQlltled In Stitfolk coun1Y2012
TOWN ZONING held BOARDthe UOFOLD AP yardlotlne ndincreaseiinot the
coverage VarancunderSct an ion28016Asbased pmlllionexFlt°1FebruetY29,
PEALS at the Town Hall;53095 Main exceeding the code limitation,of 20%, on the Building Inspector's amended
Road,P.O. Box 1779,Southold,New .at 55405,County Road.49(a/k/a North ` March,6;2008 Notice of Disapproval
York 11971-0959; on .THURSDAY Road),Southold;C N444-1-11..`'- andiapplicant's request to,amend Build-
MARCH27 2008; 11:30 A:M DAVID FISHER#6126. •'ing.l:einut#33677-for dwelling recon-
9:30,A.M. f HRt TOPHFR and Request for Variances under Section struction(additions and alterationg)and
Fr IZABETH GRASECK#6135.Re- 280-124,based on fhe'Building Inspec- r'replacement of easterly to. The
quest for Variances under Sections tor's Notice of Disapproval concerning Building Inspector states that the,de-
280-116 and 280-124,based on the ill- proposed additions to the'existing shigle- .`.molifion and-reconstruction at this.non-
ing Inspector's Februaryel,;2008 mend- family dwelling;which,new consfructi0n' `ebnforining'28,149 square foot parcel o
ed Notice of Disapproval con rning a will be less than*35 feet froth the rear the R-40 District is not permitted under
new single-family dwelling(a r demo- yard lot line,less than 35'feet from the Section 280-116A(1),for,the reason that -
lition of the existing dwellin for the front yard lot line,-and with lot coverage all buildings.or structures located on
reasons that the new con lion will in excess of the_cpde'�ma iifil limita- lots'adjacent to sounds and upon which
be:(a)less than 25 feet on a si le side: tionof20%,at2165 Old.Orchard Road, there exists a.bluff or,bank landward of
yard,and(b)less than 25 feet for total East Marion;CI-M 373-4.1. .the.shore or beach shall.be set back not
side yard setbacks,and(c)less than the . 11:50A.M.Lra vnr ITES nd KFV- fewer than 100 feet from the top of the
code-required 100 feet from the bank INFO#6129.Location of Property: bluff or bank.(adjacent to the Long Is-
or bluff landward of the shore or beach 300 Jackson Street,New Sutfolk;CPM land Sound).The building Inspector also
of the-Long Island Sound.Location of 117-10-2.The Applicants propose'reno- states a variance was issued under ZBA
Property:1910 Le.eton Drive,Southold; vations/alterations, additions, and ex- #6060 for alterations and additions to a
CTM58-2.12. pansionof the existing ace8ssorycottage single-fainilydwelhng;followingthis,and
9:40 A.M. TSr' RESOURCES by building and in¢his Appeal requesting that applicant intends to reconstruct the
James-Zizzi,President#6137.Request the following; dwelling and replace the easterly foun-
for a Variance under Section 280-15, 1)Reversal ofthe Buildiuglnspector's 'dation wall.Location ofProperty:54985
based on the Building Inspector's Feb- November 8,2007 Notice of Disapproval C.R,48(a/k/a North Road),Greenport
ruary 11,2008 Notice of Disapproval which states that the accessbry cottage CIYvf 1000-44-1-50.
concerning an as-built accessory swim- use is nonconforming and constitutes The Board of Appeals will hear all
ming pool situated in a side yard rather a second dwelling unit,citing,Section persons,or their representatives,desir-. ..
than the code-required rear yard, at ' 280-121A which'provision states Such ing to be;heard aCbach,;hearing,and/or
3190 Haywaters Road,Cutchogue;CTM nonconforming use of buildings...may desiring to submit written statements
111-11-13. - be continued indefinitely.except that before the conclusion of each hearing.
9:55.A.M.PAi L and CHERYL RA- such building or use(A)shall not be en- Each hearing will not start earlier than
GUSA#6138.Request for Variances un- lareed altered extended reconstructed designated above.Files are available for
der Sections 280-15 and 280-116,based or restored or placed on a different oor- review during regular business hours and
on the Building Inspector's February 11, tion of the lot or parcel of land occupied prior to the day of the hearing.If you
2008 Notice of Disapproval concerning a by such use on he effective date of this have questions,please do not hesitate
proposed accessory swimming pool and chapter n o _r shall any external evidence to contact our office at(631)765-1809,
raised terrace structures at less than 100 of such use be increased by any means or by email: Linda Kowalski@Tbw
feet from the top of the bluff,and side whatsoever,and Notice of Disapproval South old.nv.us.
yard location for the swimming pool citing Section 100-31A which provision Dated:March 14,2008.
rather than a code-required yard,at 1600 .. Imes•'Tn A-C R80 Districts no buildine ZONING BOARD OF APPEALS
Hyatt Road,Southold;CPM 50-1-6. or premises shall be used and no build- GERARD P.GO CHAHIIRRMANMAN
10:10 A.M. FRANK and ANTOT- or part of a buildine shall be erected C
In
NFTTE NOTARO#6136.Request for a or altered which is arranged.intended .(bffi a Lpca[ioh)
Kowalski
Variance under Section 280-15,based on or designed to be used in whole or m' 54375 Main Road
c
the Building Inspector's January 22,2008 part'for any uses except th6,following: 53095 Main Road(Mailing/USPS)'---
Notice of Disapproval concerning the A Permitted uses One-family detached .. ;P.O.Box 1179
proposed location of a swimming pool dwellings,not to exceed one dweinng on Southold,NY 11971-0959
at the side of deck with hot tub addition each lot"•. 8754=3120'
and partly in the code-permitted rear '2) Interpretation to deal with this
yard.Location of Property:625 Calves preexisting residential use in a residen-
Neck Road,Southold;CPM 63-7-30.1. tial zone,applying f'ode Section 280-122
1025 A.M. RICHARD and PA- Nonconforming-Buildingswith Con-,
MELA FREAKING #6141.This is a forming Uses which states'A Nothing I
request for a Special Exception under ;n this article shall be deemed to prevent I
Southold Town Zoning,Code Article the remodeling.reconstruction or en-1
III, Section 280-13B(14), sub-sections Dement of a nonconforming building
a-d.The Applicant/Owner proposes a containing a conforming use,provided
Bed and Breakfast accessory use in their that such action does not create any new.
residence,incidental to their occupancy nonconformance or increase the degree.
as a single-family dwelling use,with up of nonconformance with regard to the
to three.guest bedrooms for lodging and regulations pertaining to such build=
serving of breakfast to not more than ten i�•B Reconstruction of a damaged
(10)casual,transient roamers.Location building.(1)A nonconforming building.i
of Property:235 Lilac Lane,Cutchogue; containing a conforming use which has
Lot 117 on the Map of Nassau Farms; been damaged by fire or other causes to
CTM 104-1-20. the extent of more than 50%of its fair
10 40 A.M.ROBFRT F and PATRI- lug shall no[bg repaired or rebuilt
CIA FRIEMANN#6139.Request for rules such building-' made substan-
Variances under Sections 280-116B and tia ly to conform to the height and Yard..
280-124,based on the Building Inspec- _uirements of the Bulk Schedule.(21
tor's November 19,2007 Notice of Dis- Application for a permit to build or re-
approval concerning proposed partial store the damaged portion of any demolition of of an existing dwelling,and i�damaged or destroyed as set forth I
proposing new construction for alters- an Cubsection B(lT above shall be filed'
Lions and additions to the dwelling at less within one year of the date of such dam-
than the code-required minimum of 15 a,gand shall be accompanied by plans
feet on a single side yard,and less than for reconstruction which as to such por-
75 feet from the bulkhead or retaining r sh•tll cotgRyy+ith the requirettien[s
wa11,adjacent to the shoreline of Little set forth above If such permit is issued
Creek.Location of Property:2935 Pine shall lapse one year thereafter unless
Tree Road,Cutchogue;CI'h'I 104-3-8. reconstruction in'accordance with the
11:00 A.M. KAREN MAZZAF- gp-proved plans has been initiated:
ERRO(formerly Karen Miller)#6134. 3)AltemativeI*Variances based on.
Request for a.Variance under Section the Building Inspector's November 8.
280-14,based on the Building'Inspec- 2007 Notice of Disapproval.under Sec-
tor's December 17,2007 Notice of Dis, -tion 280-121A and Sectiop'100-31A.' _
approval concerning a proposed lot(#1) denied for the:reasons that the access 1 "
proposed with a lot width at less than pry cottage u e is nonconforming and
the code-required 150 feet in this Pend- constitutes a second dwelling—unit and
ing three-lot Minor Subdivision,located as such may not be enlarged:altered
at 1450 Horton Lane,Southold;CIM extended reconstructed or restored or
63-1-12;Zone District R-40 Low-Densi- placed on a differenlportion of the lot..
ty Residential. nor shall any external evidence of such
11:05 A.M. THOMAS and PAU- use be increased by airy means whatso- \
LFTTF GIESE#6143.Request for-a ever as a second dwellinguniI
Variance under Section 280-122,based, 12:15 P.M. DONAi 11 and JANIS
on the Building Inspector's January 18, ROSE#6130.Request for Variances un-
2008 Notice of Disapproval and ZBA der Sections 280-15B and 280-124,based ,
Code Interpretation#5039(Walz)con- on the Building Inspector's January 7,
cerning proposed additions and altera- -2008 amended Notice of Disapproval
tions to an existing single-family dwell- concerning the location of a new two-
' ing maintaining the existing front yard story accessory building at a height ex-
setback;'-for the reason that the"new reeding 18 feet to the top of"the ridge,af-
construction will.increase the degree of ter removal of a'build in9,and which new
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
---------------------------------------------------------x
In the Matter of the Application of
AFFIDAVIT
JSC RESOURCES OF
(Name of Applicant) MAILINGS
CTM Parcel #111-11-13
-------------------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that: 1A
On the h2c day of March, 2008, 1 personally mailed at the United States Post
Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
a true copy of the attached Legal Notice in prepaid envelopes addressed to current
owners shown on the current assessment roll verified from the official records on file
with the ( X ) Assessors, or ( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-way of
record, surrounding the applicant's property.
( ignature)
ETSY PE NS
Sworn to before me this /3T/f
day of March, 2008
(N tary PMARGARET C. RUTKOWSKI
Notary Public,State of New York
No. 4982528
Qualified In Suffolk Countv
Commission Expires June 3, O ff
PLEASE list, on the back of this AffidavI or on a sheet of paper, the lot numbers next to
the owner names and addresses for which notices were mailed. Thank you.
RECEIPT
RECEIPT i RECEIPT �� RECEIPT s
7192 6463 3110 0000 0508 I I 7192 6463 3110 0000 0515 7192 6463 3110 0000 0522 7192 6463 3110 0000 0539
FROM: FROM: I FROM: I FROM:
Patricia C.Moore Esq. Patricia C.Moore Esq. Patricia C.Moore Esq. Patricia C.Moore Esq.
RE:JSC RESOURCES ZBA HE. II II RE:JSC RESOURCES ZBA HE, I RE:JSC RESOURCES ZBA HE I RE:JSC RESOURCES ZBA HE
SEND TO: I SEND TO: SEND TO: I SEND TO: /f
KATHLEEN M BRESNAN
K T HELEN BRESN N ND T BRADY + EARL&SUZAN SULLIVAN I. JAMES LOUIS HOFFMAN'
l 405 E. ELE STREET APT.3N I I 2451 COLUMBUS AVE. 3 SHERWOOD AVE. RUTH A BEYER
OCEANSIDE NY 11572 I PELHAM NY 10803 I 705 CARRINGTON R. r
NEW YORK NY 10022 I I I CUTCHOGUE NY 11035
FEES: I , FEES:F
0.41 0.41 � FEES: FEES: I
postage 2 65 I postage Postage 0.41 I postage 2.6
Certified Fee Certified Fee 2.65 2.65 2.15
2.15 I I 215 :;Certified Fee 2 15 � >Certified Fee 2.15
Return Receipt p Return Receipt •�`Retum Receipt Return Receipt
Restricted Restricted ` Restricted Restricted
$5.21 ,r-" 5.21 I $5.21 ! $5.21
' TOTpAL p'�d IVTOTAL �� IV
I TOTAL TOTAL p'-
a pASTMAR. �DATE I / PO K O PO Kj ATE , -zi I IVI tO DATE
a .a
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I RECEIPT f.._•� RECEIPT
--- _^ I� � RECEIPT II
I 7192 6463 3110 0000 0546 ,
I 71 g2 6463 3110 0000 0553 III 7182 6463 3110 0000 0560
FROM: I
FROM: FROM:
Patricia C.Moore Esq. ,
RE:JSC RESOURCES ZBA HIE, Patricia C.Moore Esq. patricia C.Moore Esq. HE RE:JSC RESOURCES ZBA HE f RE:JSC RESOURCES ZB ,V/41/ ICI
SEND TO:
SEND TO: SEND TO:
WALTER&JANET DAVIS
485 CARRINGTON ROAD I 85 CAR&JANET ROAD
7519 NARROWS&IANA `JE'
CUTCHOGUE NY 11935 PO BOX SSS I 485 CARRINGTON ROAD BROOK YN NY IJ20
CUTCHOGUE NY 11935
I,
FEES:
1
Postage 0.41 FEES: I FEES: 0.41
0.41 ,I I,
_Certified Fee 2.65 I Postage 2.65 Postage 2.65
K Return Receipt 2.15 I ,,Certified Fee 215 r.aCertified Fee 2.15
Restricted y=Return Receip Return Receipt
Restr deil Restricted
TOTAL ids $5.21 s'i�.� '� 1 �°f 's°d °y$5.21
F �,,, TOTAL+ TOTAL �.,J
( �POSTMARK2OR DATE I NiARK OR D TE
, i RK OR SATE
PO OSTMA c J
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JSC RE
SVYIRCES =
NEIGHBOR LIST
SCTM 1000-111-11-13
P
P
KATHLEEN M BRESNAN
THAJ HELEN HARRISON
405 E. 56TH STREET APT. 3N
NEW YORK NY 10022
SCTM: 1000-111-11-1.6
JAMES BRADY
2451 COLUMBUS AVE.
OCEANSIDE NY 11572
SCTM: 1000-111-I 1-2
EARL & SUZAN SULLIVAN
3 SHERWOOD AVE.
PELHAM NY 10803
SCTM: 1000-111-11-12
JAMES LOUIS HOFFMAN
RUTH A BEYER
705 CARRINGTON ROAD
CUTCHOGUE NY 11935
SCTM: 1000-111-11-14
WALTER& JANET DAVIS
485 CARRINGTON ROAD
CUTCHOGUE NY 11935
SCTM: 1000-111-11-15
WALTER& JANET DAVIS
485 CARRINGTON ROAD
PO BOX 88S
CUTCHOGUE NY 11935
SCTM: 1000-111-11-17
I
JOSEPH & IVANA RIZZO
7519 NARROWS AVE.
BROOKLYN NY 11209
SCTM: 1000-111-11-18
4. Restricted Delivery? 3.Service Type
PATRICIA C- MOORE ESQ. i 4. Restricted Delivery? 3.Service Type
(Extra CERTIFIj
51020 MAIN ROAD PATRICIA C- MOORE ESQ-
Yes CERTIFIEL
20 MAIN ROAD (Extra Fee)% 510
SOUTHOLb4!NY! 90�Vi ":'A
2. Article Number 1 i 1
SOUTHOLA"NY .9
2.-Article':Nulm6er:
7192 6463 3110 0000 0553
7192 6463 3110 0000 05151
A. S' ture: (DAddre, ebor❑DAgent)
ISO
A. •Signature: dresses or❑OAgent)
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uI B.�ecelved By: X II I I II 111 11 I N 11 11 111111111111111111111
7192 6463 3110 0000 0553
B. c ive
By: Apase Print Clearly)
7192 6463 3110 0000 0515
C.Date of D ry
a 1. Article Addressed To:
'-; Dat of Delivery 1. Article Addressed To:
D.Addressee's Address(ffDiffsrentFn,.AddraUdbySnde0 WALTER & JANET DAVIS
485 C A R R I N G T O N ROAD D.Addressee's Address fffDjffe,enfFnmAddr&ss UsedbySendeo J A M E S BRADY
PO BOX 88S 2451 COLUMBUS AVE.
-----------------------• ................cle-WrI.Y.). 11935___" OCEANSIDE NY 11572
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WALTER & JANET DAVIS H JAMES LOUIS HOFFMAN
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
---------------------------------------------------------------x
In the Matter of the Application of AFFIDAVIT
OF
JSC RESOURCES SIGN POSTING
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-111-11-13
---------------------------------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971
being duly sworn, depose and say that:
On thet day of March, 2008, 1 personally placed the Town's official Poster,
with the date of hearing and nature of the application noted thereon, securely upon the
property, located ten (10) feet or closer from the street or right-of-way (driveway
entrance) - facing the street or facing.each street or right-of-way entrance*; and that
I hereby confirm that the Poster has remained in place for seven days prior to
the date of the subject hearing date, which hearing date was shown to be Thursday,
March 27, 2008.
Patricia C. Moore
Sworn to before me this
2CP day of March, 2008
Notary IC ®ETSYA PERKINS
Nolry Public,State of Now Yft
No.01 PE 6130636
arntrued In Suffolk CouJuly :�L l
Commission Expires July
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
�pG S0
ELIZABETH A.NEVILLE ��� O1 Town Hall, 53095 Main Road .
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold,New York 11971
MARRIAGE OFFICER G Q Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER �� Telephone(631) 765-1860
FREEDOM OF INFORMATION OFFICER ij'�OUNT`I,�c� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: February 7, 2008
RE: Zoning Appeal No. 6137
Transmitted herewith is Zoning Appeals No. 6137 JSC Resources Inc.- the Application to the
Southold Town Zoning Board of Appeals. Also enclosed is Questionnaire, Transactional
Disclosure Form, Project Description, Cover Letter from Patricia Moore,Notice of Disapproval,
2 Pages of Building Diagrams of Pool, Certificate of Occupancy, Building Permit for Dwelling,
2 Property Record Cards, Fax from Nathan T. Corwin, Surveyor listing % of Lot Coverage,
Survey.
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 02/06/08 Receipt#: 11125
Transaction(s): Reference Subtotal
1 1 Application Fees 6137 $400.00
Check#: 6255 Total Paid: $400.00
Name: Jsc, Resources Inc.
P.o. Box 1551
Quogue, NY 11959
Clerk ID: CAROLH Internal ID:6137
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 2/ 6 /08
ZBA# NAME CHECK# AMOUNT TC DATE STAMP
RECEIVED
6137 JSC Resources Inc. 6255 $400.00
F E B 6 2008
Southold Town Cled
$400.00
By Thank you.
POOL WALLS,BOND SEAM,AND FLOOR SHALL BE -12' POOL DECK SHALL BE PAYED WITH MASONRY,OR "« ..r;-F;;u,;a� _, 't.•g,;;....
5TEEL REINFORCED GUNITE CONCRETE.GUNITE Ip„ WITH 4'OF POURED IN PLACE CONCRETE. ,
CONCRETE SHALL MEET OR EXCEED 4,000 P.5.1.0 h"FXPANSION JOINT
20 DAYS.STEEL REINFORCING BARS SHALL
_N
— � 0—(SEALANT IS OPTIONAL) T F`
CONFORM TO ASTM A615,GRADE 60. :, f S 4 o a -
=� a „£
6"X 6"FR03TPROOF CERAMIC TILE
_ NTEROF. i � I i ga �9 IIff •�--��—�- '�i+`��:,a•'`u,Y�•' ' :�.�.i== � '- r
WATER LEVEL CERAMIC TILE ii(t�Iillllil(ti��ii't'ti ?�1 y�� I o.' I �' ` ::�i•; •.__'r{ `}
1yyyy
'OOL-WALLS WITH A WATER DEPTH OF 5=0"OR-
14
RE BARS SHALL BE PLACED HORIZONTALLYAND VERTICALLY a 12"O.C.
IN POOL WALLS WITH A WATER DEPTH GREATER MINIMUM SIZE OF COPING STONE SHALL BE 1 v
THAN 5'-0'.ADDITIONAL VERTICAL BARS SHALL BE ° a
o
INSERTED TO CREATE VERTICAL BAR SPACING 9D6". - `' '• � THICK BY 12"WIDE _ n
O.C. THESE BARS'SHALL START FROM THE TOP OF �2 _ 7„ 4'SAND BASE,WHEN NECESSARY TO AID
THE WALL AND SHALL BE BENT AT THE BOTTOM TO DRAINAGE IN 5LOW.DRAINING SOIL
EXTEND 24"HORIZONTALLY INTO THE FLOOR. - POOL WALLS AND FLOOR SHALL 13E T'THICK,AND
THE VER`17CAL RE-BARS&12"O.C.SHALL BE BENT ( BOND BEAM SHALL BE 10"WIDE X 12"HIGH.
AS SHOWN IN THE BOND BEAM.
1` 4-#4 BARS SHALL BE SPLICED-TO FORM
UNLESS OTHERWISE SPECIFIED OR REQUIREP,#B ' CONTINUOUS REINFORCING WITHIN BOND BEAM i
BARS SHALL BE TYPICAL
NORMAL FLOOR REINFORCING SHALL CONSI5T OF INTERIOR FINISH ON GUNITE SHALL BE jfz"THICK i_j TROWELED-ON"MARBLEDU57" s
o RE BARS PLACED AT RIGHT ANGLES(90°)TO EACH -
° OTHER @ 12"O.C. `' ' "
J �- i RADIUS AT INTERSECTION OF GUNITE WALL AND -
J
FLOOR YARIE5.
_ CRUSHED STONE,WHEN NECESSARY TO AID -
° DRAINAGE IF GROUND WATER 15 ENCOUNTERED IN =
SLOW DRAINING SOIL
G UNITE POOL . SEGTION-
✓CALF: 1„= 1'-0"
b-
Z' WORK AREA-
G
E
A °/2 A
A
-�Z
7 C G
F SAFETY FLOAT o
I� LINE
v
uw
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C E
RIM COPING
SEE CORNER *WARNING*
EE BRACING DETAIL DETAIL DO NOT DIVE IN SHALLOW
MAX. BOARD
a END OF POOL
LENGTH-L 42'WALL USE DIVING EQUIPMENT SPECIFICALLY
�--K BOARD OVERHANG HEIGHT DESIGNATED FOR 6 INSTALLED IN
ACCORDANCE.WITH NATIONAL SWIMMING
4 0• POOL INSTITUTE RESIDENTIAL STANDARDS.
TABLE II
Z - - POOL DIMENSIONS
J - DI 16'X32' 16'X36' 18'X36 20'X40'
VINYL LINER D TYPE 11 TYPE II TYPE II I TYPE II
F CADMIUM PLATED BOLT FADMIUM PyaTED BOLT
r A 16'0" 16'0" 18'0" I20'0"
DEPTHS E---�-�—G - H 900 GALVANIZED STEEL B 32'0'" 36'0" 36'0" 40'0"
MRSER FILLER 14 GAUGE
SECTION A-A C 35'9" 40'3" 44'9"
CONCRETE RECEPTOR 2'-0" SELF-DRILLING CADMIUM PLATED NUT D 7'6" 11'6" 11'6" 1
COPING .080 EXIRL'D. PBEARING
ASTENER CADMIUM PLATED NUT ✓
COPALUING . �.� E 4'6" 4'6" 4'0'
+5 GALVANIZED STEE F 7'0 " 7'0" 9'0" 10'0"
COR::ER FILLER 14 GAUGE G 6'0" 6'0" 6.0" . 6'6"
H 14'0", 14'0" 14'0" 15.6„
*41. WALLS 14 GA. 3/8" CADIUM 1 8'0" 8'0" 8'0" 8'6"
.:ALVANIZED STEEL PLATED BOLTS 4'8" 4'8" 4'8" 5'2"
K 3'1" 3'1" 3'1" 3'11"42" 4"xIY'x12 GAUGE L 8.0" 8'0" 8'0'ALVANIZED IRON 1- GAUGE GALVANIZED STEEi PANEL
NOTEVINYL LINER 1) POUR MINIMUMOF4"CONCRETE
TAROUND ENTIRE PERIMETER&INzy:• . •: DISTURBED EARTI ADDITION MOUND AT LEAST 1 CU/FTCARDINALSYSTEMS
5I BSTRATEx12"x1» GAUGE OVER EACH"A"FRAME.PLATE 2) FINISH POOL BOTTOM WITH AMINIMUM OF2"COMPACTED SAND STANDARD POOLS
/8 REBAF. OR A VERMICULITE&CEMENT;%11X. .._,_.. _...
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PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971 n
Tel: (631 765-4330 REMOVED
Fax: (631) 765-4643
February 5, 2008 E$
�43
Southold Town Zoning Board of Appeals BSA
Chairman Goehringer and Board R� APPEALS
Main Road
Southold, NY 11971
By Hand
Re: JSC Resources Inc .
1000-111-11-13
Dear Mr. Dinizio and Board:
The owner applied for a building permit for the new house and pool
at the same time. The owner did not realize that he required a
variance and the building department continued with inspections of the
structure during construction without realizing that a variance was
required. Therefore the pool is constructed.
Enclosed please find following:
1. CURRENT NOTICE OF DISAPPROVAL from the Building Inspector for a
pool in the "side yard" .
2 . ZBA APPLICATION
3 . SURVEY used for the notice of disapproval
4 . BUILDING DIAGRAMS of pool
5 No staking is required because the pool is built .
6 . PROJECT DESCRIPTION and QUESTIONNAIRE FORM
7 . No COVENANTS AND RESTRICTIONS
8 . CO and Building permit for house, and assessor' s property card
9 . The LWRP is not applicable and no EAF is required (type II)
10 . My client' s check payable to "Town of Southold"
Thank you for your continued courtesies .
Very—t yours,
icia C. Moore
CC : JSC Resources, Inc .
- � �,
Office Location: g�FFO[�
�. OG1 Mailing Address:
Town Annex/First Floor,North Fork Bank y Z 53095 Main Road
54375 Main Road(at Youngs Avenue) • P.O. Box 1179
Southold,NY 11971 y �� 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#
7/F/--W/C1d
Date: dpTOTAL NO.OF PAGES INCLUDING COVER:
) 1-1
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:
14QT1k01= uF HhA' AR1i4kj
The following application will be heard by the Southold Town
Board of Appeals at Town -Hall, 53095 Main Road, Southold:
NAME JSC RESOURCES #6137
MAP # 111 = 11 = 13
VARIANCE Yard location
REQUEST As built accessory in ground pool
DATE : THURS . MARCH 27 , - 9EN40 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM .
ZONING BOARD-TOWN OF SOUTHOLD 765= 1809
J
o�SUFF01/(
Office Location: �. O� Mailing Address:
� yc
Town Annex/First Floor,North Fork Bank oy 53095 Main Road
54375 Main Road(at Youngs Avenue) P.O. Box 1179
Southold,NY 11971 y ��� 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#
44/X1D�� �S� �� - �, �:
Date: TOTAL NO. OF PAGES INCLUDING COVER:
�/ O?F
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
�00
❑ URGENT ❑ FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑
NOTES/COMMENTS:
Please find attached copy/copies of the following:
a-f 4,(.t
Thank you.
Sender's Initials:
is
t � 77 e ' $ '
5
4
€ 01 d '
Sao u .�..
o h aZBA�'
O App Name Q Tax Map Q File'No ❑II€ '
[-Board Member Michael A Simon '
g � � I
C7 Ofiter ng T Hear' ime 5 24 AM
__ _ '
"75
7-777777
File Number ,6137 Tax Map 111 11 13 �R
�App Name JSC Resources,:Inc � � �� Receiued Date /510Tot ,Fees44
10 OCR
Hamlet Cutchogue Type Residential j,Zone R 40 Date fonrvarded to Town Cferk 2/6/2008
r
i Statds New Actor Meeting Date Building Dept ?
--
Location 3190 Haywaters Road Meetrng Date. ND Date 1 2/1/2008�# 3
Short . As built accy inground pool - 280-15; as built pool Hearing Date 1 I ND Date 2
Desc located in side yard g „Hearing Date>2� :'ND Date 31
Copy
Hea ng Date ND Date-A
` Heanng Date 'ND Date 5 � a
Notes , Heanng Date
x s
a
;Action date �� ND"Date 7 � '
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