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HomeMy WebLinkAbout6137 1, .t 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 °. AREA = 39,045.00 sq. ft. E E�Ec�RE 4p' C" `d ' 3,-L 0 M� �pJ (!� ° 0.896 a c. 6'S J to FENCE 1� 0.2 S cn ° a FpUNO WL FENCE 1W SLATE PIPE 051 STEPS ° d 1 e P e ELGIAN a' 035 1.dE• SLAB 1 v SLATE DRAIN. r STEPS e ° GRAT� d BLOCK CURB rn STEPS 9 ROCK ° p� ROCK I 'd e x fi d °.. PILLAR \ > 1 BRICK WALK ROCK WALL S °d ° �\ Cp. A.C. UNRS ° ° ° ° I ° ° C 39.6' d ° d col' ' 2nd STORY ° OJ BLDG OVERHANG 0 1 9 l 44.22 yy? N 1.5' ° e-- SLATE ° a ^ in cn ROCK WALL STEPS WATER UNE l R° 2.0 PLANTER PL W WATER METER ° � 9) 3.0• N1 RICK a O 0 xl. J e f'o SLATE i� A o OOD PL STEPS o5 a y STEPS ° 1_ 50.0'3.0'io 2.0' ITS 2.0' 0O , 'A' O N Ao l l 23.3' 3.6' O 0 to G r U, A I . e•. l .a l 2.0' r*I < V` Iu ee. 2 32.7' I O's •o / I ,a• d 53 6' I °• ° SLATE COPINGCE G N ' GHp1N VNK FE p 3 E• 30' Orn i 0 e•• LO ; d m CD I LO 412 T 0 ° t� 20 `Z\ .d e ° O d 10 a ++ a "1. �``l 2 �� ELECTRI ✓�` "� . �, e C ��1 �>,y �'�` nIY ��✓ d' METER,. f'0� �C' D Q CONC. PADS i P -1 I� ✓ t 1 ° OR POOL EQUIPMEM �bU �1 U I z de e• /1 m BRICK PATIO I 4 A • d 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 e a 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 . c f 2D OF �. poNG• 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 g- zfa e 21 4/1/00— UaO LpW- Ftm)d 4D Abrokaiv) elion Lu< ne 1(200 76 8p-* -�bi- -0 r)cw k4i i i noo /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 3 a 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 �'' � ? a U—) 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 �;; ;•�.� �� � � ( 'Ktf/���' eta � � � P i 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) 77 • (P X :)ao lease-Print Cl"4) II�11 IIII II IIII1111111 1111111 11 111 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 Secondary Address CUTCH6GdE NY iT uli ................................... ---------- ................................... Delivery.Address - , 'I s ................... ddres 7 7�1 icity :7, Csa -------------------- ......................... ZIP�':P�4;Code Restricted Delivery?- 3.Service TY_P_- 4. Restricted Delivery? 3.Service Type ASP MA.Q R-E MOORE ESQ- P ik�C _1�. - ; : :: : : : z t : 1: . . . : ; I ' I PATRICIA C . . . . . . — : ; 7 ; : : I :PgRrIFIED i(Extra Y6s;- - , . i CERTIFIED FOAD� f, I f (Ex,raF,,ee) 514�9� MAIN jROWD 51020 MA,�N 13 .71 1 11-9 3 S0UfHOLD­NY!119:7V SOUTHOLDINY 2. Article Number 2. Article Number 7192 6463 3110 0000 0560 7192 6463 3110 0000 0522 IIIIIIIIILLI Ram � �- A. Sign re: (El ddrrqs ,,-',o -OAgent) I7A. Sl;g ature, (OAdII IIII II III IIIII dressee or OAgent) X X IIIIII III I1 IIII II 11 11111111111111111111 1 ceived By: (Please Pr early) :J0000 0560 113. Receive By ,(Pl�ise Print Clearly),-- 71=7 7192 6�463 3110 7192 6463 3110 0000 0522 aI 1�4!1,---_ A 1611 r ............... C.Date of Delivery 1. ArtitAddresse To: Er C.Date of:Delivery 1. Article Addressed To:0 0 A, JOtEPH & IVANA RIZZO'-`.-;,," EARL & SUZAN SULLIVAN D.Addressee's Address(ffD,, Fm.Add.-Us.dbyS`s. D.Addressee's Address flfDiff..WromAddre..UedbySendeo Uj 0 Z ,7519 NARROWS AVE- SHERWOOD AVE- 3 ,;�BROOKLYN NY 11209 PELHAM NY 10803 t_j 0 Co Floor(Please Secondary LLJ i;Print C3 ru C/5 --------------------------- M ............... . ..... ------------------------------------------------- f­P rq 0 De • ivery Address LAJ w Q. to to . ................... . . ........... .. .. ................. .......................... .. 0 D Ad Date d te Addressee's f a. De livery Ad dress a d r r, Address..... ......d.ry d ------------------ ------------ ------------ i .i,_'i Address I ...... --------- - C............... State e e City Ciiyi�77" Y, IL U) Restricted Delivery? 3.LService Type • 4. Restricted Delivery? 3.Service Type W i, PATRICIA C- MOORE ESQ- C PATRICIA C- MOORE ESQ- 3 CERTIFIED CEO (Extra Fee) E]Yes Z TIFIED 1 51020 MAIN. R.J�?, (Exp�aj Yes!1 1 11 9 11 i 1; 51020 MAIN ROAD 3 S..OUTHOLD -NY SOUTHOLD 101 U19,711 A�ticl7e N7um 2. Article Number 7192 6463 3110 ❑01100 0546 1:' 7192 6463 9 3110 aaaa 053 zi II 400ZIZ, pae INdod Sd 9019 ego-jiNo vsn/,(,, j ]Addressee or 0 it) IIIIIIIII it 1A. Signa r J7 rret*� ,e 'D gent) A. Sig:TrIIIIIIIII III . _ ill ill 11 IN 11 Ill 111111111111111111 X if B. R-teived By: (Please Print Clearly) 1546 4 B. Reagived By: (P/ P i' Clearly) 7192 6463 3110 0000 1 7192 6463 3110 0000 0539 e_� 1. Article Addressed To: dDee'd b4i- i. Article Addressed To: 13 C.Date of Delivery WALTER & JANET DAVIS H JAMES LOUIS HOFFMAN D.Addressee's Addr s(ffDiff. nfF.mAdds.UsdbySend-0 I , D.Addressee's Addreis(ffDiffmnfF�i!!Addms.U..dbyS.ndeO. NGTON ROAD e 485 CARRI RUTH A BEYER CUTCHOGUE NY 11935 705 CARRINGTON ROAD S R I n r a 'Ve u d ,a By: rA P d,e d a ff r S a e ff sS Pri nt n 0 a e t or C-3 Cl early).1y a, (0 Addressee or 0 nt) �6 ,A13 Delivery �te f ie _D�Iry D Addressee's,LAddr �lffDff. n1Fn,-Addn,..UedbyS S. ..... . ...... ZIP+4 Code F ...................... I Apt.I Floor(Please CUTCHOGUE NY 11935 . ... ............................... . Address -------- ------------------- eii�ery------ore-'s-s' Delivery Address . ...... ..... i . ., i----11--------:------:----k- ................... ............... ........................ it, _State-4,�Co.e e 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 Q N 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. .._,_.. _... % SEE zo /Wsmy A • -OYCI s 2 LSA(c 0 rs n.'4 J9 _/ 42 3 pt& frFl all, 'o, MORT .GA nr 0.1 16 0 .ScsLE 0- 2 7 Atc 10 7A( 0- SAW 1.3A .2 28 L25A( '169 416 --1 ,- Ak W. CP 30 0.2 - ————————12 lop, 1.IA'l U31 -1 .11� 3.OA(c) ——— —————--- IQ 4 .S T B S ALE 1-00• 1220 OAtc) —2.317 2�' J.JA(C 'Po -OA(.) 1.111 0 is 1. 03 7.2 -BA( 27.1 ,v 1.7A(c) • o /36. , L2A(c) ­'14, 29 i 3A(c) 1 30 o 1.4A(c) 14 1.4 12.OAtc) A.. 1 2.6Atc) t ETA FOR PCL.NO. 110*D 2 36.1JA(c, s SEE sEC.NO. JIB-01-DII HD 8 P•D.go —LNE MATCH ?9 4.0 NO SECTION 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 � ' �2/6)Q 9 21 � OAFS;? NUM£, § �� � ��g ' ,°' k� Developed by the Sa��t►oid Tovan Data Process�n,�c D�epartment��