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HomeMy WebLinkAbout6191 i aXo2i��d A-IV o�SS �J Y/z� APPEALS BOARD MEMBERS ��F SO Mailing Address: Gerard P. Goehringer,.Chairman �p� yOIO Southold Town Hall 53095 Main Road-P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. • Q Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOUNN,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.nl-., ZONING BOARD OF APPEALS TOWN OF SOUTHOLD LCIIIVEI) Tel. (631)765-1809-Fax(631)765-9064 SEP 1 8 2008 FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF SEPTEMBER 4, 2008 SoUt ®Id ,pL __._Clerk ZBA#6191- THOMAS ZOITAS Property Location: 6255 Route 48, Greenport CTM 1000-40-1-7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 10, 2008, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP EXEMPT: This application is exempt under Code Chapter 268, Section F inasmuch as the applicant has submitted a site map to show the construction is proposed greater 'than 100 feet from a natural resource feature or shoreline defense structure or any activity within the CEHA. PROPERTY FACTS/DESCRIPTION: The applicant is constructing a new dwelling on a 49,881 square foot lot, measuring 88.75 feet wide by 487.43 feet long, between County Road 48 and the Long Island Sound. BASIS OF APPLICATION: Based on the Building Inspector's June 12, 2008 Notice of Disapproval citing Section 280-15 concerning a swimming pool, proposed in a yard other than the code-required rear yard or front yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, at which time written and oral evidence were presented. Based upon all Page 2—September 4, 2008 ZBA#6191—Thomas Zoitas CTM 1000-40-1-7 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: Applicant wishes to build an accessory in- ground swimming pool which will be partially in the side yard instead of the rear yard which is not permitted according to Article III, Section 280-15. 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(33)(b)(3)(1) Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool is located only partially in the side yard because the pool parallels the house and road frontage, rather than the angle of the Long Island Sound and rear yard. The pool is 18 feet by 30 feet with a small semi-circular portion at the south end constructed shallow, for children. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, because the contour of the Long Island Sound is at an angle, and the pool parallels the house and road frontage. 3. Town Law. §267-b(3)(b)(3) The variance requested herein is not substantial, due to the angle of Long Island Sound and the design of the dwelling, the pool is partially in the side yard. 4. Town Law §267-b(3)(b)(5) The difficulty has not been self created. 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. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool on his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Members Goehringer and Weisman, and duly carried, to Page 3—September 4, 2008 ZBA#6191—Thomas Zoitas CTM 1000-40-1-7 Grant the relief as applied for, as per 5-30-08 map prepared by Chorno Associates dated May 30, 2008 subject to the following conditions: 1. The pool should be heavily screened with 6-8 foot high evergreens on the east side and continuously maintained. 2. The pool should have its own dry well for backwash placed as landward as possible. 3. The pool equipment shall be soundproofed so as not to disturb the neighbors. 4. Any runoff from the construction shall be contained on site as per Town drainage code. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that. may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members hri hairman), Oliva, Simon, and Weisman. (Member Dinizio was sent.) is esolutio as u adopted (4-0). GERARD P. GOEHRING , C RMAN 9//G/2008 pproved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 12, 2008 TO: Patricia Moore (Zoitas) 51020 Main Road Southold,NY 11971 Please take notice that your application dated June 2, 2008 For permit to construct an accessoryaround swimming pool at Location of property: RV 8, Gre pen ort County Tax Map No. 1000 - Section 40 Block 1 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool, on a conforming 49,881 square foot lot in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-15,which states that accessory buildings and structures shall be located in the required rear yard. The proposed accessoryground swimming pool is noted as being partially located in the side yard. This Notice of Disapproval was written based on a plot plan dated 5/30/08 by Angle B. Chorno, architect. Authoriz ign Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. J. T Al 000, 33� AP - RECEWED - JUN 16 2008 ID ZONING BOARD OF APPEALS A. FINA��AP ED BY ZBA` RFV ,� SE : I� I d o Y o DATED ✓ ZOITAS RESIDENCE . ARStHE11OMOQU'E N,Y � 9�F•o�s 50 •yob' MOR r`O AS;'�QClATES �F N E* arehKects. Q 6255 NUR TH RD. ` 5O Ok / 6 CK \1 ,2 •, / /��� I am IQrn!liar W7Ii! AND c.r_?.n:�,r .. DISPOSAL- �SY`'7;'=-,. t_,r ::,,,Ir_.;- :zl•; . .` r... I'.. ._ . 0 and wN Obhk- II} c ' ii .'v(lf]i1iCr!.. :C:� . :'r�ir !r:•.'fa`•r, T': 00, o POLE / \ 2 \ AO FE 1.51r ' or POLE AQ RECEIVE i F JUN 1 6 200 �� 4X 7 �� / �,� x ZONING...IOARD.OF AF LS•' ROOF RUNOFF q 2� R�. /' 0 HSE.-2365 sq.(l. ,Q 6 b Q I Ay GAR.- 8/0 sq.(l. ' pP �� P� �e a� °* 3175 sq.(l. 3175 x 0.17 x 1 540 cu.(l. 540128.3 = 19 VF �� �\ . , 3� Ire PROVIDE 2 L.P.S 64 x 10' DEEP S AQ o r •� t I P� � E SURVEY OF PROPERTYA/ C'�2� ` �` NFU SIT AT ARSHAMOMOOUE �� 4 a� TOWN OF .SOUTHOLD � ,� / °� sT SUFFOLK COUNTY, N. Y. 1000 - •40 - 01 - 07 SCALE: 1" = 40' . JAN. 17, 2003 March 29, 2005 SEPTIC SYSTEM (G BEDROOMS) �"� r / \ � TEST HOLE MAY 18 '2006(vddilions) I -1000GAL. SEPTIC TANK 1/17/03 I -LEACHING POOL 8'0x12'DEEP e/ ¢2 July y 2007 (/ev/S/�o WITH 3' SAND COLLAR EXCAVATE NOV. 29 2007 (TOP0) A 100 HOLE TO SAND SW ,� !. fi Jon.. Z3. 2.b0.8. (prop. hse.J BACKFILL WITH SAND SW — _ _ Feb. l4, '2008 fB�ah S/i+J fin.: r _ BROWN CLAYEY SAND SC e/43291 T Ad oP WATER 1N BROWN CLAYEY SAND SC �j1 pP 1 l/Obb9cL/ — — AO Ir0 rJ• i �� A(r� 1 -- — s r ��' L,.c, 3' PPE �.�` `' t ,n 42' N I 10 C1� / 3q t w` �R• CY 3 COARSE SABI'D F sw ro ':CROSS SECTION I 8 � l � �3aP�� SEPTICSYS7FM :Sao/ar r �P' < � ✓Cn 48' I /O µ` O/ AREA = 49,881 sq. ft. or 1.1451 ac. to tie line Lei- -_�s rv <` �n t C F-1Ayt'� Ac d ANY AL TERA TION OR ADDITION TO THIS SURVEY'IS A VIOLATION ry, OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 8 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 0.. 490 �© WHOSE SIGNATURE APPEARS HEREON. ECONIC S 0 W TERM ALTERED BY ' ELEVATIONS 6 CONTOUR LAGS (631) 765 - 5020 FA '4 1797 ADDITIONALLY TO COMPLY WITH SAID LAARE REFERENCED TO N.G.N.G.KD. MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY P. 0. BOX 909 OF ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED '.AND 1230 TRA VELER STREET ' BROUGHT - TO - DATE 'ARE NOT IN COMPLIANCE WITH THE LAW. SOUTHOLD, N.Y. 11971 02 - 357 X ::Iex f EL. 2¢v� Ll _ N r � D tf PEA' Af JUN DBOARD � I FINAL MAP ZBA_ x REVIEWED BY _ SEE DECISION # _ *- S DATED � 2/ - DA -4 .41 or a x— -- n r` _ /aoo - off' 0 DATE: fez T1O�e1CW. 74, E 200 �►�� AMR / 27 ao8' ZOITAS RESIDENCE . ARSHEMOMOQUE SOUTHOLD NY 1p CHORNO ASSOCIATES F OF E , architects. '' �, SOUTHOLD, NEW YORK S �C APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS r s 2048 ee:S t� ' Filed By: R ( P [ C)--Date Assigned/Assignment No. G ffice Notes: ADD t7P APPALS House No. 6255 Street County Route 48 Hamlet Greenport SCTM 1000 Section 40 Block 1 Lot(s) 7 Lot Size 49,881 Zone r-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 12, 2008 BASED ON MAP DATED 5/30/08 Applicant(s)/Owner(s): Thomas Zoitas Mailing Address: c/o Patricia C.Moore Telephone: 917-295-6122 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 631-765-4330 Fax#: 765-4643 Email: pcm000rel(a)optonline.net Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 5/30/08 and DENIED AN APPLICATION DATED June 2,2208 FOR: Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- Subsection 15 Type of Appeal. An Appeal is made for: XA 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,E has not been made at any time 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: Thomas Zoitas ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer'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: ( Because the "rear yard" is the Long Island Sound the pool is partially in the"side yard". The house and pool were plotted on the parcel following the front yard and side yard setbacks. The angle of the Long Island Sound shore front is on a diagonal. The pool "technically" falls into the side but is in fact behind the house and in the back yard. Setbacks to the water were maintained at 100 feet conforming to environmental regulations (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The owner left room for the pool expecting the rear yard to be the land area behind the house. The building department determined that the rear yard runs parallel to the Long Island Sound rather than the house. The pool maintains legal setbacks to the side yard. Due to the angle between the west side of the house and Long Island Sound there is a very small"rear yard"which would not encroach on the 100 foot setback from the top of the bank. The goal is to keep the pool away from the top of the bluff. (3) The amount of relief requested is not substantial because: It is a"technical'variance-the pool is behind the house and 100 feet landward of the top of the bluff; part of the pool is in the side yard because the house follows the street line. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The plan was designed to avoid variances, the structures were kept a minimum of 100 feet from the top of the bluff. No one realized that the Long Island Sound would constitute the"rear yard" and while the pool is behind the house in the back yard it is partially in the"side yard"(by definition) (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. House was under construction when this issue was discovered. 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 ( ) IF A USE VARIANCE IS BEING REQUESTED AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to consult attorney S' nat a Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day 9V OJ.We- ,200 tary Publ' BETSY A PERKINS' J(lN Mmy Public,Sloe of New VA 6 200 No.01PE6130636 Q1f9IC0 Q11R1 S�Stp1,EM{7III0S JUV Ilk 7• NliyQ go AD OF gppfq( S PATRICIA C. MOORE Attorney at Law 51020 Main Road \\ Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 June 24, 2008 - u0a.ur"J RECEIVE' Southold Town JUN 2 5 2008 Zoning Board of Appeals Main Road z:!�--&( 9 1 PO Box 1179 BOARD OF APPEALS Southold NY 11971 RE: ZOITAS; 6255 NORTH ROAD, GREENPORT Dear Chairman & Board members: The pool & patio have been staked as evidenced by the enclosed photo. However, the property is under construction for the new house and it would be appreciated if the Board could inspect as soon as possible as the staking may get in the way and be compromised. Thank you and please do not hesitate to call should you have any questions. ratricia my yours, C. Moore _. PCM/bp encls. 0 1 � • • ., IML �r PATRICIA C. MOORE Attorney at Law 1 51020 Nam Road 1 Southold,New York 11971 Tel: 631 765-4330 Fax: (631)765-4643 June 13 , 2008 Southold Town Zoning Board of Appeals Chairman Goehrin er and Board Main Road g �C �� Southold, NY 11971 y J�/V 16 2008 Re : Thomas Zoitas 1000-40-1-7 � �0 0FAPpEA`S Dear Mr. Goehringer and Board: Enclosed please find following: 1 . CURRENT NOTICE OF DISAPPROVAL from the Building Inspector for construction of swimming pool in the "side yard" . 2 . ZBA APPLICATION 3 . Project description 4 . site plan submitted for the notice of disapproval S . Transactional disclosure form and questionnaire 6 . No covenants and restrictions 7 . assessor' s property card 8 . LWRP and EAF (type II) 9 . My client' s check payable to "Town of Southold" Thank you for your continued courtesies . Ve,r trul yours, ricia C. Moore CC : Thomas Zoitas 1L TOWN OF SOUTHOLD BUILDING Ph'&MIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Examined ,20 Storm-Water Assessment Form Contact: Approved ,20 Mail to: Disapproved a/c Phone: Expiration ,20 mg Iris ctor APPLICATION FOR BUILDING P 4: Date V— 07 , 20 INSTRUCTIONS °- �ar"Phis application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing cod and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder ✓ /1ory�as ��-�s 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) /0oo/ `2Qh1nd hoUs-e �J Builders License No. Plumbers License No. 11i2e Electricians License No. L Other Trade's License No. 1. Location of land on which proposed work will be done: '61a_5�5_ y01-7A ;-420&d House Number Street Hamlet County Tax Map No. 1000 Section Z-/O Block Lot Subdivision Filed Map No. ,. Lot :`,¢, , 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy A/i�R UncLu C'o�cs�wv�te�-� b. Intended use and occupancy,0/-L,-,ed.mac/ 3. Nature of work(check which applicable):New Building 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. 7. 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. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF 1% 'r being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contr ,tor,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. Swo dto before me this day of Sv/� 20 tary Public JEM POWNS Signature of Applicant �r PW3ft Y�gte*of NOW Y04 Na 01PE E130636 �, ..juv I 4" 1 llL� r �, r.OUNTY OF SUFFOLK 7ECIIVED K 7 2008 ZONING BOARq OF AAPEAIS STEVE LEVY SUFFOLK COUNTY EXECUTIVE c DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING July 10, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold,NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Zoitas 6191 Gillen 6192 Walker 6193 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc l LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 ■ (631)853-5190 l ERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 APPEALS BOARD MEMBERS ' �q S0(/Ty Mailing Address: Gerard P. Goehringer, Chairman �p� �- Southold Town Hall 53095 Main Road• P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Q Office Location: Michael A. Simon 'O a� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman '0OUNTY, 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809• Fax(631)765-9064 June 17, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6191 Owner/Applicant: ZOITAS Action Requested: Yard location (pool) Within 500 feet of: ( X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer ZBA Chairman By:Cep 4�0�:t1 Encls. 1S Iql APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_Owner: Thomas Zoitas Date Prepared: June 13, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: none H. New Construction Areas Dimensions of first floor extension: New Pool (18' x 30') Dimensions of new second floor: none 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: IV. Calculations of building areas and lot coverage all buildings on property(from surveyor): Existing square footage of buildings on your property: house 2365 sq.ft. (9away-e aC���e�� Proposed increase of building coverage: house+ pool 540 sq.ft. =2,905 Square footage of your lot: 49,881 sq.ft. less bank 8960sq.ft.=40,921 sq.ft. Percentage of coverage of your lot by building area: total lot coverage 14%_ V. Purpose of New Construction: swimming pool VI. Please describe the land contours (flat,slope %, heavily wooded, marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): house designed for pool on waterfront side of house,placement is behind house but in "side yard" due to angle of Long Island Sound 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 1 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and condition's contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-40-01-07 OWNER: Thomas Zoitas 6255 CR 48, Greenport AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board_Planning Dept._Building Dept. _Board ofTrustees Zoning Board of Appeals X 1. Category of Town of Southold:agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance 17 Nature and extent of action: Construction of proposed pool is more than 100 feet of "top of bluff". Location of action: 6255 CR 48, Greenport Site acreage: 49,881 sq.ft. Present land use: vacant land (under construction) residential Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Thomas Zoitas (b)Mailing address: c/o Patricia Moore 51020 Main Road, Southold (c) Telephone number: Area Code (917)295-6122 (d)Application number, if any: ZBA anneal pending Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes,which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Structures placed more than 100 feet from the top of the bank to comply with zoning and LWRP policies Policy 2. Protect and preserve historic and archaeological'resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State,Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. i See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The development of the parcel is sensitive to preservation of Bluff. Construction is intended to mitigate effect on scenic resource such as planting plan, and drainage structures. Conditions are consistent with LISCMP (Long Island Sound Coastal Management Program)which prevents non-point source pollution, prevents flooding and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable Owner has implemented erosion control measures, i.e. haybales, silt fence, buffers on the down slope edge of the disturbed areas. Standard storm water and pollution control measures are implemented on the site prior to and during construction. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria X Yes No Not Applicable Mitigation of impacts on water quality are achieved through stormwater and pollution control methods which have been implemented in this project. Drywells and gutters are proposed to direct all roof runoff into onsite recharge. Pool filter will have dry well for discharge. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable More than 100 feet is maintained from the Long Island Sound and the top of the bluff. the Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented in the DEC and Trustees permit. Soils along Long Island Sound (Carver, Plymouth, and Riverhead Soil) are deep, course texture and excessively drained. The soils support a wide variety of native vegetation and the re- vegetative plan should take well. i Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Planting plan proposes indigenous and drought tolerant vegetation required. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. X Yes No Not Applicable The open space is preserved and undeveloped. The access to the subject parcel is through CR 48. The Long Island Sound access is not changed. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activily and proposed structures are more than 100 feet from Long Island Sound. Storm water discharge and pollution control measures are critical components of protection of living marine resources. Domells and gutters are proposed, and filtration and haybales are in place during construction, all measures which prevent leachate or other environmentally deleterious material associated with development from entering the waters of the Long Island Sound. ,a� Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed as agricultural area. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home and accessory pool are deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. Existing electric, gas and other resources are adequate to meet the needs of this lot. *copy of Town form created on 5/25/05 JUN r 6 2008 2OAljHG $0Qno pF Opg S QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION OWNER: Thomas Zoitas CTM: 40-01-07 A. Is the subject premises listed on the real estate market for sale? ❑Yes E No B. Are there any proposals to change or alter land contours? E No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? yes-Long Island Sound 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? yes Please confirm status of your inquiry or application with the Trustees: hearing pending 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? yes If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: house under construction 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 and proposed use residence with a pool (ex : xi�sfing: ingle-family; proposed: same with garage or pool,or other description.) A Signature and Date 2/05; 1/07 �.a PROJECT ID NUMBER 617.20 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 12. ECT NAME�3.PROJECT LOCATION:Municipality 4.PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc -or provide map �0 2 9-5 /llor o ad 1"0 bo Lj o 07 5. IS PROPOSED ACTION: ® New El Expansion ❑Modification/alteration 6.DESCRIBE PROJECT BRIEFLY: ��.�7 6 etnd LaiICls r1:7 C--Lj 7.AMOUNT OF LAND AFFECTED: Initially / acres Ultimately / acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? TYes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space ❑Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ❑Yes �No If yes, list agency name and permit / approval: 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? (' Yes ❑No If yes, list agency name and permit / approval: 12. AS A RE ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Dyes N No I CERTIFY T-H T E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant a Date: SIgnatur 13_©6f If the action is a Costal Area, and you are a state agency, 0 complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT(To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: i C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: ... C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: - --... -.._._......_......__.................... .._................_........._........_...__......_..............__.-._........._..._................._...._....._............................._..................._..............__.............................._..............................._......................._........_.._.._._......_..............._..._.._..................._......I C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CFA 7 If es,ex lain briefl : Yes No _.................................._........................_......................_..........._............................................................._. E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL.IMPACTS? If es ex lain: Yes No __ .. .. .........._.. i i PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural); (b)probability of occurring;(c)duration; (d)irreversibility;(e) geographic scope;and (f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination ofsignificance mustevaluate the potential impactof the proposed action on the environmental characteristics of the CEA. Check this box if you have Identified one or more potentially large orsignificant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from responsible officer) 00 �OF SO!/ry ELIZABETH A.NEVILLE ��� �lG 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) 765-1800 FREEDOM OF INFORMATION OFFICER OIiYC�U1Y 1,+� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals �[� 0� � FROM: Elizabeth A. Neville 1 u N 18 2008 DATED: June 18, 2008 BOARD OF APPEALS RE: Zoning Appeal No 6191 Transmitted herewith is Zoning Appeals No. 6191 of Thomas Zoitas-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Patricia Moore,Applicant's Project Description, Applicant Transactional Disclosure Form, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Application for Building Permit with Disapproval Dated 6/12/08,Notice of Disapproval From Building Department Dated June 12, 2008, Authorization Letter from Thomas Zoitas to Patricia Moore to Represent him in this Matter, Property Record Card(Both Sides), Site Plan of Property Showing Proposed Changes Prepared by Chorno Associates Architects Dated 3/27/08, Up Close Drawing of Proposed Changes Showing Measurements Prepared by Chorno Associates Dated March 27, 2008 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/17/08 Receipt#: 22173 Transaction(s): Reference Subtotal 1 1 Application Fees 6191 $150.00 Check#: 6590 Total Paid: $150.00 Name: Zoitas, Thomas 6255 County Road 48 Greenport, NY 11944 Clerk ID: CAROLH Internal ID:6191 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/ 17 /08 ZBA# NAME CHECK# AMOUNT T D TAMP 6191 ZOITAS, Thomas 6590 $150.00 JUN 1 7 2008 SOUthold Town Clerk $150.00 By Thank you. 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:—Thomas Zoitas&Patricia C.Moore (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 this_13 day of /---,June Si nature: ` Print Name: ___ Th oitfs �Pa icia C.Moore 06/17/2008 09:08 FAX 631 765 4643 MOORE LAW OFFICES ZBA R 001 11/06/2007 18:41 FAX 631 76 M3 MOORE LAW OFFICES 10 003 AUTHORIZATION LETTER Southold Town Zoning Board of Appeals P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Any and all other State, County, or Local agencies. AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 Dear Sir or Madam; The undersigned authorize Patricia C. Moore Esq. as our agent for all submissions to the Town of Southold, and any other State, County, or Local agency which may be required for construction of a pool. LAND OWNER: �c APPEALS BOARD MEMBERS �QF S0 Mailing Address: Gerard P. Goehringer, Chairman �p� Ol0 Southold Town Hall 53095 Main Road• P.O. Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G • Q Office Location: Michael A. Simon 'O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOUM`I,N 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, AUGUST 21,2008: 10:25 A.M. THOMAS ZOITAS #6191. Request for a Variance under Section 280-15, based on the Building Inspector's June 12, 2008 Notice of Disapproval concerning a proposed swimming pool, in a yard other than the code-required rear yard or front yard, at 6255 Route 48 (property adjacent to Long Island Sound), Greenport; CTM 40-1-7. The Board of Appeals will hear all persons, or their representatives,.desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809,or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: July 28,2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 TOW T D N O F 5OU HOL P OPERTY RECORD CARD OWNER STREET - _ VILLAGE DISTRICT SUB. LOT Y rat .O .FORMER OWNER N } E --- ACREAGE : ,C c ee a C—U S TYPE OF BUILDING RES. SEAS. VL. W FARM comm. I IN I CB. I MISC. ,ND IMP. `--"TOTAL DATE REMARKS / 95 0-0-0 Yb s Lt v, J 12-9 3 3o Q-- � I S7 433 - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE � J� j Farm Acre Value Per Acre Value o-.m ,� ' Tillable 2 2 �� L `Z53� +1 v 5 Tillable, 3 � �J VVo.odla:nd ' 3wompland 3rushland House Plot Total L 48� �L #8950 STATE OF NEW YORK) �u ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 7t" day of August, 2008. Principal Clerk Sworn to before me this day of 2008 CtHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK- No. 01-VO6105050 Qualified In Suffolk County My Commission Expires February 28, 2012 3Z ^—ttance or increases the degree or restore the d of,any n1 conformance wwithregard,tar the amaged:,porhon-building-.damaged estr' as set Ye rd setback at-less than the code- forth in Subsectioi above shall be requited 3 feet at 340 Colonial Road,: filed within one;year of the date ofsuch: Southold CTM 79 6-29 10 25 a m,THOMAS ZOITAS#6191. plans fgrre onstnictoe.n..... Pas to sucfi Request for a Variance under,Septipq portion;shall comply with:the regtiue 280=15 based on the;Building Ins"' ments'set forth above If such permit is tor's June 12 2008 Notice of Disapproval issued;it'shall lapse one year thereafte%' concerning a`:'proposed swimming pool;: , unless reconstruction in accordance:with- in a:yard other than the code-required the appcovetl plans has been initiated •; rea>;,yard or front yard,at 6255-Route 3)Alternatively;Vanances based o> :48 (property:adlacent'to LOng Island the.Building Inspectors N6vember'"8 Sound),Greenport CTM 40 1 7 200.7 Notice of Disapproval under See 10 55 a m 70ANN WALKER`#6193 tioh:280 121A and Section 100=3)A', Request for a Vaiance under.Section denied for the Teasons:•that,the=asses= 28015,basedonthe$uildingTn$pectot's urie 13,20081 ;sort'cottage use is nonco ottceriformmgrd J ofDisapp>oval t an constittites f�second dwelhng tiuit aztcj:. Cerning a proposed accessory switnmmg as such"'may not''be'enlarged altered; paol:structurein ayard other than the ."extended,recbnsitvte21 Jbnirestnrati_!oh code requir`ed-'re'ar yard(ar front: and at 290 Tawn harbor terrace,Soil hold, nor shhIll anyeaI°@�tde"rice of C sief} TM 661 33(adiaeent to Little Pecomc use be increased by any means whatsti, airiix FSEAN GII LAN #6Y92 e°eras 5@coadKiwel�li;ig utit � 120PtilSReseeo fararry4�ei It1. equest for a.Variance under Section CHA and STJ$ 2g01S� based on he 13uiTdmg Inspec Variance under S`eerion 2S`0 for s tluhe 4:2008 Notice of Disapprotrai based ati'appnaift:s fthng of a buildin concerning a proposed acdessory garage permit a 3 + g LEGAL PYOTICE exceeding 20 it. in height With a ro s e oz'spp�ic iop and the Iiuildmg Iit S(1rU ROLOT-, V_N posed setback m less thaii204feetff•oiii 1Tpid�al'cai�lC riitlIIngT 0081 tSticeaffDis bNll�jG$UAItD OF,AI�PEALS Souholderty line,at 20.Aple3 CouiY in gralinYi s iinmm p aol aneta inry �THUASIfA3�,ATj tjST 21,2008 CTM 70 1 6 6 °� � g� A _ ' &• 105' ri all at less ariiQp feet froii�tliytop)4 UBLIC HEARINGS i P m EUGENIA�t1MBI)tIS#, of the'bluffs adi 6` to$locjf s7an¢ `NtICE ISRj 3 p 6195 1Zequest for a Special )tception Sound4 East End Rbad 1~isfiets LIand l GTVEI ur soar[[taShbCrgn 67g thel awstLai and under:Sechon'28b 13B:ta establish an C3T1i1�2 11 l N. TowttrCocehapCdz2$i77Aning)�o Accessory Apartment In this sin lei " s famrl dwelhn wih owner occu an 2 30 p m .Reserved forYryo�er Hofouhoid;rife following public hear'. y B P, c3 W]I LIAIVI and JO mgsS Abezlj}eldrb ithe.OilTd 07�D'. I°catiop ofl'roperty 235 Captain Ktdd r #6152 Vanances undeAZrSe tron p ".TOQ Zpi51iNG pAIZD OE Ap: DrtVe Lot#192 Map of Captaltt Kidd 280 116 280 124 based on the"Building: P iit�ttf@o1wn; all 53095 Mam EstatelsB 5 4 15,situated at Mattituck inspector s am@tided iviay 6,2ZfbgrNouce . I2liad, 0 Kok 117 �so(ihold, New of Disapproval fora'dwellmg5wiminug YJ�7I0959 on �D4YAiT t #61$90. Pm SPYRO AV�OULOS ool audshed construction_:at 1 less. FJST 2] 2008 1�equest fbr�ak Variance under han 100 feet f;om t&e toi of the bluff. 3 30 a m 2000 BROAD)"7ORS - Section 2$0116A('001)based on the Build adjacent to the L I Sound,(2)1essLthan LLC#t 6186 Request for a Variance un ing IaspectortsJutieQ 2Qpg i�7attce:of the code r@ uued iniiiunu der Secuon280 124 based on fhe)�uild Disapproval concenung a pro se q m 1-5 ft side e ?' amenent to-, ]an for a'iiew dwel(n }�arci(new dwellm 3 side ',aid Incas. mg.nspectar's May 12 2008 Notice of p B)',O y. DisapprBoval concerning a propose¢ eµ at less than the code required 60.400 the front @ta aekQ e�Sai>n niehetBOm dwelhn wih'a setii�acit an less°[han Fhe nunimum from the top of.the bluff or and shed)iand(4)alot coverage nexcess code zequued 35 feet from the front itank of the Long,Island Sound at 549$5 of the code lunttahoi:of 2i7 0(aIL`coa lot line (after'demohshmg he existing NtOhORoad Greenport CTM 44 1 5 s>siut kon) Locafion 54005 North Road bu?ldmg) at 2000 Brdadwaters Road p'In OLI3 ES:andTEVIN Sodhoid CZ1WI 52 110 and 1 combined Cutchogue CTM 244 9 t< FERRO #6129.as Amend[d Location as one) 9 d0,a m RON�I,D E ANIJ Mi112I of Property 300 Jackson Street New li t' YNrA GALLAG Suffolk„GT1vL 11710 2 2 45p m IIICHAELANASAYiASTI,.HER#(18X iRt uest the App�tcants &OTHERS#6190 Request for Vananc fora Vakance under Sections28 `12aad Izrop�bse y renavatiorls'/alterations, ad es under Setions 280�1 aifd 280 f24.: 28011apbasedan�titzz}nildmglnspec diti°� atld expansion Prig exrstutg based on theiBhilBmgelnspectoCs May tors Apiil49 2pbgTotrcetTf+Dsafipiokal accessoryy.cottage building and in Yius 6,.2008 Nonce of Disapproval_concern:.; cons ermngx proposed atlditiort�s):u and �PPeal (as amended) Request the fal ing•.an ,`as brill['tdee}e.•addttidri:to the: alterations+Eo an'existingnonconfori xw ztiI°erg divelhng which construction ts;less than I., cottage The Lessons state, m 1)+Reversalofthe, Wildmginspector's 50 fee't from'the rear lot 7ine;and whicfi. the Building Snsppctor s Notice of.Dis ':November 8 2007 Notice of DisapprovR has caused.the existing,accessory:build approval are Tile building shall not be Which state§that the accessory,cottage ing fo be in a yard other[Ilan the code enlarged altered`extended feCbnsffi�ct use is n°hcon#biuim9`and;constitutes j required rear:yazd,aY345.t." e`Road; ed oriestored or.replaced`on a different a secondrdwelling unit cuing 5ect.oh Southold pornori of the lot or parcet6f'Iand occu 0 121Ar which provision states Sueh T. 7S 40` pied bysuch use:: nor hill any external noncon`forimpg use of b`mldi i s 300 p m Reserved for Carryovers evidence of such rise be increased Iyany y p may PINE NECK HOLD7NC�5#6180:Vari " be continued mdefmitel a ce t that ante for deck addition to the dwejjmg_aL' means."whatsoever and such t3hilding or use(A)shall not been' less than 75 feet train the bulkhead,'at; (2) One family laged altered extended reconstructed 1475,"Pme;." detached dwellings not fo exceed'one dwelling on eachtilot Location of Prop or restored orpiA- d:on a different poi 70=5=40., @ck Road(Southold;CTlvf city 2950 Vanstbn Road;_ Cutchogue [ion of the lot or parcel of]and,pccupted The Board:of Appeals will hear..all CTM 1L1 5 7 2 by such use on the effective date of this persons 1.or their representatives;desir 9 50 a m RYAN and JENNIFER chapter,nor-shall any external"'evidence• ing fo!be heard`at each hearin and/or. bi87 Etequest foz Vanances of such use^be increased by any means' desiring to subintt written statements tinde> Sect[ons 28016'and 280124 t+hatsoeoer;,:and Notice of Disapproval before.,the:conclusion' each',heartng. eased oft fh@ Bi( ding Inspecttr s lvlay citing Section 100 31A which":provision Each hearing will not start earlier than 15,20082 hlotice "vf bisappiovial eon states."In A-C R80 Distncts,'no building desr ated above Files, ie avallalile:foi ceriung a proposed new•dwellin after °rpremises,shall be:used and no build.; " - B( ing or part of a building shall be erected pn or�t�o the day of the 0.4 shearing If you, demohshing thregul e existing building), the new dWe]h19 is proposed at less than or"altered which is arranged;intended have.questions, please do not;hesitate 15 feet on,a single ide yard less han or.designed to be used in whole or in to contact our office at(631) 765 1809, 35 feet on total side yards:and less thaq Part for,any,uses,except the following: or by:email: Linda.Kowalski@.Town. 75 feeC from the existing bulkhead adla �`Permitted uses:,One fainilydetached Southold n 'cent to Gnat PeconiaBay Location of dwellings not to exceed one dwelling on. Dated,•;August 4;:2008. Prbl}etGy 3270 I'ecomc Baq Boulevard @ash tot 7 aurel7 CI IyI 12g 6 g 2)Intei�setauon to deal with this ZONING BOARD OF APPEALS 1010aa.m RIC�3ARD MI�IFRFsDI exrstin ` P GERARD P GQEHRINGER; g residential use m a residential #6188 Request foF a Variance under zone app]yrug Code Sectibq 280 121F CHAIRMAN Sectionk280 722 aud'28p 124't2B `Tn and/or 280 J22 'Noncoif°rmmg'Btiild' S43.75 a BYLINDA;KOWALSKS terpketatrtin�k5039);based oil the Build togs with Conforming Uses which rates" in.Road(Office Location).. ing Inspector s June LO 2008 aigentject' S3095 Main:Road(IVIailmgUSPS A IVothrng m this,ai cle shall be deemed ): IZTatiee�f Disaiilroval c°hcernrng pro i 1off ror enlahe remodeling recoSstruc EO Box 1179 posed additions and alterations�ta the i 'Bement bf.a noncopform 89501T.8/7 S ouhold NI'119710959 g isttu9 ,wq lin Whic)i new cons[ c inB building conYaming a conforming use tOW dd that such action does not, trontwilI constitute an P r idi reasesm the de gree ofnea�briliih sthglst¢e yard crease he degree of n ncoiifoinan {aea t less than 10 feet less than 25 feet oh total side j azdsi aC 240 SumsetPath and' with regard to he regulations pertauiuig tO1? U ()?ttVac4soad);8outhoId to such buildirkgs, Reconstruction of'a ��4 �=gr damag�dbui)duig(,1):rA:ntlnc$nfathmg_ \ "rho RCtRand..� ATIt2`'. building contaiiringr a ednformuig use CIA�MELLAS#6796 Request fora which7ias`beenlamagedrbyflreorother V�an�Ce tinder iSeohons�$0�12A'"anti mouses to tlt�e}extenhofiniore thaii'SO%; 2 12�1�asett"°iirt}ieu 'g tfis ee Y o£its>au Value shall iigt be repaired or to>§'July 7;rOQ$ atftenfled,4aicdr of: rebul)Y unless srich building is madeub' Dtsap�rova7: eanceri�ing a;t; "oi�sed'. �tanttally toiconform to the�height and.; , ayazdCt•equirements ofttheBulk Sckedule,.," addition on an extstiug cfe��.which` � , new construction ceates a new non (2) Apphcatron for a jiermit to:;l?uild' ,,. ,Y ZONING BOARD OF APPEALS < TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT THOMAS ZOITAS OF (Name of Applicant) MAILINGS CTM Parcel #1000-40-1-7 ---------------------- -----------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the day of August 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 S Sworn to before me this day of August, 2008. (N tary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York . No. 4982528 Qualified In Suffolk County Commission Expires June 8, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 1 ZOITAS' NEIGHBOR LIST SCTM: 1000-40-1-17 RONALD W. SURTRENANT PO BOX 201 GREENPORT NY 11944 SCTM: 1000-40-1-6 DOROTHY YOUNG PO BOX 658 GREENPORT NY 11944 SCTM: 1000-40-1-8 RECEIPT I RECEIPT i7192 6463 3110 00001772 i 7192 6463 3110 0000 1765 FROM: FROM: Patricia C. Moore Esq. Patricia C. Moore Esq. RE:ZOITAS ZBA HEARING RE:ZOITAS ZBA HEARING i � I SEND TO: SEND TO: DOROTHY YOUNG I RONALD W.SURTRENANT PO BOX 658 PO BOX 201 GREENPORT NY 11944 GREENPORT NY 11944 I � FEES: FEES: Postage q, i \ 0.42 Postage' P 0.42 •: CeTtif(ed Fee f , ,�, 2.70 ;Cert ed Fea r 2.70 $$turn Receipt 0 Ash 2.20 ! t,,Retum Receipt °.� 2.20 Restricted Restricted ` TOTAL -$5.32 1 TOTAL= -�' 1!.. b �$�5.32 i i;POSTMARK OR DATE I POSTMARK�Oh� DATE of I y 35 4. Restricted D iver —,ervice Type PATRICIA C. M06 ESQ. el y? 51020 MAIN ROAD (Extra Fee) []Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 1765 al A. Si ure dresses or❑AZept), IIB. RPeceived By:V(Pie-sefPrint Clearly) 7192 6463 3110 0000 1765 p—to A3' rA PA,-eAd,. ,44� C.Date of Delivery 1. Article Addressed To: D.Addressee's Address(ffDiffeWntFwmAddm-q-dbySndd RONALD W- S U R T R E N A N T PO BOX 201 GREENPORT NY 11944 Secondary Address/Suite/Apt./Floor(Please Print Clearly) i , Dellv( P!'Y 4. Restricted Delivery? 3.Service Type PATRICIA C- MOORE ESQ. 51020 MAIN ROAD , , (Extra Fe s i CERTIFIED 1, SOUTHOLDiNy ;:1197J -2. Article Number 7192 6463 3110 0000 1772j! A. Signature-- PAddress or C Agent) - Illillil II I II III I III II IIII II III IIII B. Received By: (please Print clearly) 7192 6463 3110 0000 1772 ;Dj i>j�.6-74ej A C.Date of DpW4ry 1. Article Addressed To: DOROTHY YOUNG ' D.Addressee's Addresk(=iff.—W—Add.-UsedbySendeJ PO BOX 658 GREENPORT NY 11944 Secondary Address I Suite/Apt./Floor(Please Print Clearly) "' ----------- ------------------------------------------------------ . I Delivery Address . ............*------..........*-.' ....7-7 .1 9kty t k f i i t U=� * ear the entrance or driveway entrance of the property, as the area most visible to n passersby. 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'�';M1 a, a a Et• COUNTY OF E 2,II6,S2L50 N0.040.01) 11 •3 ,. ,. - 3.1 SUFFOLK 36.TAlU 1 y 1 OS 31 + PNb �.'� COUNTY OF SUFFOLK ',•10.6 IO.gAfcl `?6o I1 R Y ET PONT PPPFI �G• SSA �L L ar IP '0r1 � �+a 0 � O 1.1.0 O I� \j5P tYi'.,pi Ej.O•`O `, x 125.411.95 SEE SCE.NO.130 Q ,, g\�; G Et1 SpU.t NQV E 2,Na,se9.sa dE` mew Q�R 2.1P `�`,(,'•`!� N J25.400A2 Q 1 .(O�\ o' h1 E 2,446,640.95CI 13� 1 \ C 10.3 1 025,191.99 1.eA r1 izs,x4l.el E2,447,21139 uc,441s1 SD- 3 WwD n4,zi N lzs,tssn !\O I�EgRa l• .`' 9.7 +,.+i�iY' o � / � E2,141,995.01 rr�- •'.4pPLd 2 3� t ^ o,T N e` \1 7'•<'+°"E \_l /^ b�• 15.3AIc1 24 ,`' r.,S • 1 N VILLAGE OF 1.09A(cI �•,a 9.4 10.4 f 1 n u5,77 T CREENPORT gr• fi 1.;k O E 2,146,7�Sl �•11,J• N l2yfI6.B1 8 a •Q Y SO•iµ SO+`'{• E 2.44�,s21.a6 {\Jl NJ21,530.93 �u S �Q• 7 1 lAlC1 1/o •y E3.419.56BAe wl N 114.112.69 i 21 h b�' i 2,116.291.50 2.6AIc1 Il 13.2 �9 'S 20.2 .7A1U ST. se0'ST35'S su 1 ♦b 2.7A(c) O \VI s 1` N , 2, I <Iis,s tl �,� ,`y �• a 2.SA(c) 3 7.4 O -:T. a \ NOR" OO s.•`'+ '% �, Sy�p � see_4e_zse_ 4�e.x6 16 DAIc) 7.5 +V wx4,lessi '�lnlz4,tsz.z4 I. 1.2A 1 t5'e '' IE2.146.622.x0 Ez,4.9,042.3, 15 3.6 N]24,T93.r1 14 El,449,55].4 S- 'S 1.3A O \ >N 1 1. t 2.7A(t) 1.3A(c) 2 cj O ��,-I NI21,019592M0,61186 l3 • 5 F2,IIB,111.16 13 7.70. O 27.SAIc) < 3 3 a 1.6A1t1 � r ' � 0 .4 11.1 112 c 1.74fc) V, m _1 O ( O 1 e' y 2.3A1c) �• a T =5T 131.54'S0'E f' 'tP B 6.28' �~ N121.569.]9 .1AIt (2,115.251.06 C T 1 NI2]St4.60 S.D.WWD N123'selAo FT'1 FOR PCL.NO. TT"1 y y SEE SEC.N0. 6 11.1A1U E2,445,254.16 ^N09•Jl'005: E1,415,,i-4 N 045-07-OOS-1 8 1.2A(cl ,, ` 49.)9' i�, Y Net'S9'004 IN I 5 N123,416.15 %.se, \ .lI1NJ21.301.59 (, '; >• 1.1AIc) 8• ,yAO •� E2.444.559.44 O 1 /I[2.41e.ill.11 $-]- INJ2],2J1.16 0xl,zn.ee OF SOUTHOLD IE2,44fi,91158 $r 5 TOWN N12],120.06 / S F E2.,145.551.4. IE2,116.569.50 •"•1.IAIc1,o 'eh�, d'i„".'2 Il Inl ry xn•Lz'z5'E ray Nlz]z00 ] al ,,,2Q A O O�N32J,]1e.01 '20'E xel•4J LWE 3.lAlcl a�•' oy tee'" TWO Ez,44s,z6+.c6 OF GREENPORT m MATCH x N]21 202.06 VILLAGE N 321206 N W % MATCH -� L04E 03 9'?h Intl,u2.44 1 a\4 NATCH �E SEE SEC.N0.045 " v E;a142.44 cR�ytl .� SEE SEC.140.045 -' K SECTION N1 r"`� • L4aE55 ORAeN OIPEReiSE. ALL PROPERIffS runnrc COUNTY OF Sl1FF01 K (fl ell 1arN of �rn i7urn n . - ,�•"�, $���� klua Ns9rk1 IW �-S6N Ni1'an1 OilrV:4 l4e �-N- NoTlt4mot: H 't:AR-1Ntj' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME ZOITAS , THOMAS #6191 MAP # 40= 1 =7 VARIANCE Yard Location REQUEST Accessory in-ground pool DATE : THURS AUG . 21 , 2008 10mm 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 APPEALS 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 James Dinizio,Jr. G • Q Office Location: Michael A. Simon 'O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOUNTY,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 l September 15, 2008 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6191 —Application by Mr. Thomas Zoitas(Variances) Dear Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the September 4, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Linda Kowalski Encl. y�