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�G 34 - A-Ccess(-) r� Yrm vn wr�r►�r W Iflu po -� 40- ks— 13 I 113 � �Z .7 MCA z._J3 �1 r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��OF S�uryOl 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Office Location: Gerard P.Goehringer o Town Annex/First Floor,Capital One Bank George Horning ,�`�. • �O 54375 Main Road(at Youngs Avenue) Ken Schneider ��ij'C�U Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R XEI ED Tel.(631)765-1809•Fax(631)765-9064 APR 2 3 20113 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18,2013 Southol Town Clerk. ZBA FILE: 6634 NAME OF APPLICANT: Joseph D. and Leslie L.LaVecchia PROPERTY LOCATION: 908 Private Road#2,(aka Birds Eye Road)Orient,NY. SCTM#1000-17-2-1.5 SEORA 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 March 19, 2013 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 DETERMINATION: The relief, permit, or interpretation requested in this application,is listed under the Minor Actions exempt list and is not subject Io review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a two story single family dwelling located in the R-40 zone containing 36,294 sq.ft.. It is located on a Private Road,Birds Eye Road, it has 229.42 of frontage on Birds Eye Road, 150.00 feet along Birds Eye Road on the northern property line, 260.00 along the eastern property line and 150.00 feet on the southern property line as shown on the survey dated January 3, 2013 prepared by Nathan Taft Corwin,III,LS. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 and the Building Inspector's January 23, 2613 Notice of Disapproval based on an application for building permit for an accessory in ground swimming pool, at: 1) accessory in ground swimming pool is proposed in a location other than the code required rear yard., RELIEF REQUESTED: The applicant is requesting a variance to located an accessory in-ground swimming pool in the front yard,where the.code requires a rear yard location. ADDITIONAL INFORMATION: During the public hearing an agent for the adjacent properties owners voiced concern about the proposed location of a swimming pool at 10 feet from the property line which is adjacent to a shared R.OW. . The applicant was asked if the pool could be located further from the property line, and the applicant agreed to place the pool an additional 10 feet from their property line for a total 20 foot setback. They also agreed to demolish and/or move onto their property all of the existing fencing not currently on their property, as shown on the survey dated January 3,2013 by Nathan Taft Corwin III,Land Surveyor. The Board also requested a landscape plan showing evergreen screening along the western property line and north of the proposed pool •' I Page 2 of 3—April 18,2013 ZBA File#6634-LaVecchia SCTM: 1000-17-2-1.5 location. On April 11, 2013, the Board received a landscape plan from Natural Images Landscaping, conforming to the agreed upon conditions noted above. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 4,2013 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant' i and makes the following findings: j 1. Town Law 4267-b(3)(b)(1). Grant of alternative relief to this applicant will not cause a detriment to the surrounding properties in this area or this use district. The subject property is a corner lot with two front yards and due to the sloping topography and location of wetlands, a swimming pool cannot be'located in a conforming location. This evaluation is based upon personal inspection of the site by the Members of the Board of Appeals, and an inspection of at least seven of the surrounding properties, which all share the same type of topographical issues.The Board also observed that there are other in-ground swimming pools in the neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some other method feasible for the applicant to pursue. The topography of the property and proximity to wetlands makes a conforming location impracticable. There is no other place for the applicant to locate this pool other than the front yard. However,the pool can be moved to a location that is farther away from the private road. 3. Town Law. 267-b(3)(b)(3) The variance requested therein is mathematically substantial representing 100% relief from the code requirements.However,the property has two front yards and the proposed location is the only flat area on the site that would minimize land disturbance and runoff to the adjacent wetlands. The substantially of the variance will be mitigated by the required landscape plantings which will visually screen the pool from the ROW and adjacent properties. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance requested in this residential community will have an adverse impact on the physical or environmental conditions in' the neighborhood. The alternative relief granted herein mitigates the privacy concerns of the adjoining neighbors. The applicant will adhere to the town code requirement of storm water management. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground 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 267-13, motion was offered by Member Goehringer, seconded by Member Schneider, and duly carried,to DENY the variance as applied for, and GRANT ALTERNATE RELIEF as shown on the landscape plan prepared by Natural Images Landscaping, Inc date stamped received by the Board of Appeals Aprill1, 2013 showing a 20 foot setback from the private road and evergreen plantings along the western property line and north side of the proposed pool, the location of the pool equipment and the fence on their property. Subject to the following conditions: I Page 3 of 3—April 18,2013 ZBA File#6634-LaVecchia SCTM: 1000-17-2-1.5 CONDITIONS: 1. The proposed pool must remain open to the sky and located a total of 20 feet from the Right of Way(Birds Eye Rd.) f 2. A buffer of plantings to visually screen the proposed pool from the R.O.W. and the northerly neighbor's view must be implemented as per the plan received by the Board and cited above. 3. The landscape screening shall consist of evergreen plantings at a minimum height of five (5) feet when installed and shall be continuously maintained. 4. The applicant must install a drywell for pool dewatering and a sound proof cabinet for the mechanical systems. 5. The applicant must demolish and/or move onto their property all of the existing fencing not currently on their property, as shown on the survey dated January 3,2013 by Nathan Taft Corwin III,Land Surveyor. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. I Vote of the Board: Ayes:Members: Weisman(Chairperson), Goehringer,Horning,Schneider. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing lq-12 013 I . - I SURVEY OF PROPERTY FLAG SI T UA TE L!. ORIENT FLAG `9TO � FIJ'c TOWN OF SOUTHOLD 'kill02°%o�y SUFFOLK COUNTY, NEW YORK ?�o��F�°s S.C. TAX No. 1000- 17-02- 1 .5 �, r� FLAG SCALE 1 "=30' FAG WAIT I JANUARY 3, 2013 ' U FLAG WAY BELGIANCURB 30, W E fZEYE ROAD) 150.00, AREA = 36,294 sq. ff. BLOCK <$WDS ROAD) 0.833 ac. �ONE 82.13$30 E ` PRIVATE �BOR U1 • % + 1`� 1 FENCE o0o f e• :. � 1 6.5'S. 1 0 y ' T Z• r 1 1 �� � 0 FEB J 9 ?.Oil Q0., m n w m EDGE OF LAWN 1 1 1� 1 I,.• 0 1 • V, Ily `•``::1p1��t'1G 1 1 • 4 O ..:::. :::.:. .. i: .... ........i:::ic'ti$:ti iri::ti• •: m N'•:::::::::::::::::::.A2.:... OEGK CE m rO WO00 62 5). �g.2 VNR ,i—�1 2.8'E. v ^ l ZZ p p00 p(LY►^�LL Z�c o o GK cEP m "v� pp05E E(�11PM1:NT. •.•.• � FW� NOVSE PR(JPD` p POOL a •�' AMN ERA f VNR r�i n 70 b 41.7'' • 3. •m ' 2 �GpR z"� � r, �o S� cn • ,. �r N 6 6 o NOBS HANG to m dP • .•. .. 99 0 1 io •O £ •n d .. r, Vf)CID � ', F m •• d o �3°RooF wo0o a <<" w O� • • 9 StE� A11 FENCE .0. Ew 8.2'1- O o C ' O 1 r— C/1 " O '.�U' `. :Y ONE wP 4, ' , d ;• �. N $Sc ►� •. �'� ONE wE S I '� :�' PL •• 1>• 0 bad..:'• ••, � 'd• •a•'• ;••. • �N� . .� .' .. •• •. I ' i .•.r , ••'i �.• j i e • FENCE �. • . � I .... ,, .. • OOO GUR •• �:.a e.t'E. i A W • • • m m PLANTER aol •+ f of w b :. cD I ' I •� N I ) d: % ' • . d ' . O • • a' .. I d WOOD R a a ` o • d O WOOD CURB CURB J t J Pow & 3.s's. 1 5c 0.009 WIRE FENCE P� V HEOGE=Y.�r� NB'S FENCE rn A > rr l 13.5'S. o i Jf Nm g LOT vI -��' o 9E �OP�I MAP OF SET—OFF FOR *1 ��. "JACK & MARGARET STERN" 3� (�Ig��\dP oO00 FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON ICTOBER 22, 1993 AS FILE No. 9420 5� 0 0 U) W O O N O Z 5C O W b S 83'59'40" E co30.02 PREPARED IN ACCORDANCE WITH THE MINIMUM :to 17 BY THERDS. FOR OS. AND APPROVED A D AND ADOPTED rJ FOR SUCH USE BY.THE'NEW`YORK. STATE LAND TITLE ASSOCIATION:' F,¢ , ""�.. to 9t ~Y o i ✓� N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDRION ����an ���� Corwin ■I� TO THIS SURVEY IS A VIOLATION OF A MIN � SECTION 7209 OFTHE NEW YORK STATE EDUCATION LAW. AD COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor THE LAND SURVEYOR'S INKED SEAL OR NES Rte, 25) TO EMBOSSED A VALID LTRUE HALL NOT BE CONSIDERED CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUITION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 HUGE OF wmANp PO OL- C o Pr EvNGE r � xisTIN6 r Ylrfx V TA T ► orq co F)kl.5T INC, M�PLI; FOOL- cope FFNG� K s PttuGc Mix of CoI-VMNRR H ETz1 li-P5We POINT JuN1PERS PooL-t.OpP >;NC,r w PopL, HEKTP- K FOOL.� FILTER/pVMP t _ EaV I VME NIT O VhtDCR PF(,K p � GPS� P601--co PE GR7E p POOL -CODE + FENCIE RECEIVED FINAL MAP APR .I 1 � / 2013 REVIEWED BY ZBA BOARD OF APPEALS SEE DECISION # DATED / C l PROJECT: LA VECCHIA RESIDENCE 908 BIRDS EYE ROAD ORIENT.NEW YORK 11971 SCALE: I"= 10'_0" DATE: APRIL 10,2013 REVISIONS: NATURAL IMAGES LANDSCAPING INC. 631 . 7.34 . 6279 l 1"901101111 Is NwIN1) A\INII • rl; ;v�i( N111�1141IM11�i 19 COUNTY OF SUFFOLK RECEIVE[ D MAR 2 2 2013 tA BOARD OF APPEALS Steven Bellone 1 J SUFFOLK COUNTY EXECUTIVE l; Department of Economic Development and Planning Joanne Minieri Division of Planning \ Deputy County Executive and Commissioner and Environment March 19, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold,New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local 'determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Lavecchia, J & L 6634 Mattituck Plaza, LLC 6635 Einczig, Steven& Yvette 6637 Frizzi Residence 6640 Mantikas, Michael 6641 Finora, Robert 6642 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI 0 P.O.BOX 6100 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 Y r' FEB 13 2013 FORM NO. 3 BOAR®OF APPEALS NOTICE OF DISAPPROVAL DATE: January 23, 2013 TO: Jodi Giglio for J &L LaVecchia P O Box 386 Wading River, NY 11792 Please take notice that your application dated January 18, 2013 For a permit for an accessory inground swimming pool at Location of property: 908 Birdseye Rd., Orient, NY County Tax Map No. 1000 - Section 17 Block 2 Lot 1.5 Is returned herewith and disapproved on the following grounds. The proposed accessory inground swimming pool, is not permitted pursuant to Article III, 280-15 which states: "In the case AC District &Low Density Residential R80, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The proposed accessory pool will be located in the front yard. XZ Authorized Signature BUILDINU r�iu��,` "', following,lowing,before applying OF SOUTHOLD Do you have or ne( _,. 'ING DEPARTMENT Board of; � 4 sets of Building Plans HALL roval_� ':TOLD,NY 11971 planning Board app 631) 765-1802 Survey ,631) 765-9502 Check PERMIT NO. - --'— Septic Form--.:------ ;1dTown.NorthFork.net N•Y.S.D.E.C.------ Trustees Flood Permit Storm-Water Assessment Form ied 20 `DEB M3 Contact: , BOARD OF APPIEALS Mail ved 20 to: proved alcAe/� Phone: ation '20 _ �n Building I::,s aector APPLICATION FOR 1`1 4LDING PERMIT J JAN 1 s Date January 14 ,20� INSTk TIONS BLDG.DEPT. OWN OF SOUTHOLD d in b �. ,f�;writer or in ink and submitted to the Building in with T completely filled y a• is app ication MUST be comp y remises or public streets or cation of lot and of buildings r:n;;)remises,relationshi1�to adjoining p of plans,accurate plot plan to scale.Fee according to sch�d�' e• b.Plot plan showing permit. as, and waterways• not be .:c n nenced before issuance p B nitto the applicant. Such a permit lication may c.The work covered by this aPP the Building' .i` : •'ctor will issue a I gilding approval of this application, t the work. inspector d.Upon what so ever until the Building P all be kept on the premises available for inspection thrc �` jt� part for any Purpo' e.No building shall be occupied or used in who' p not comer,�;�ced within 12 months after the date of sues a Certificate of Occupancy• regulations affecting the f.Every building permit shall expire if the wo- .c �thc,riz�°d has the extension of the permit for an n completed within 18 months �� i sup' ,ate.If thooni ?amendments r t ngend or other regu suance or has not been P roperly have been enacted in the interim,the Build Lc zi`Aic�'I 1 y permit pursuant to the ddition six months.Ther9after,a new permit shall'�F .=q Ordinances or ildi=: r lrtment for th ;iisuance of aBuildmg s,.,r ol�. „a,.. ,New York. a 1,d other applicable Laws, APPLICATION IS HEREBY MADE to ld- - g 3uilding Zone Ordinance of the Town'of Southold, �f G` a and regulations,and to admit • s additions,or aiterations or for ren�w al or de as herein described.The ?Iegulations,for the construction of buildings, agrees to comply with all applicable laws, ordinances,building code; n ;xsing code, applicant remises and in building for necessary inspections. authorized inspectors on p C� cant or name,if a corporation) ( i'�nature o app r i s e �� odi :)glio agent Bennett Enterp (Mailing address of applicant 11792 ?O Box 386 , Wading River, agent, architect, engineer; ;;;cneral cr,ntractor,el Stateectrician,plumber or builder whether applicant is owner,lessee, ag , Agent Joseph and Leslie La Veccih ia Name of owner of premises (As on—the r:�ll or 1a deed) .If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. — Electricians License No. Other Trade's License No. 1. Location of land on which proposed week will be done: 908 Birdseye Road, Orient, NY Hamlet House Number Street 2 1. 5 17 Block Lot County Tax Map No. 1000 Sectioll Filed Map No. Lot Subdivision 2. State exist.'$1 use and occupancy of premises and i*Aead a. Exi-4 .9 use and occu anc ed use and occupancy P Y single j"._,.1111 dwelling of propaffi truction: b. InteriC41 use and occupancy same F 3. Nature of world check which . pplicable): New Bn ;i.ing Ad ' ' Repair Remova' dition Alteration __Demolic an Other Work ingroun pool 4. Estimated Cost (Description) — Fee 5. If dwelling,numb,: of dwellin t, (To be paid on filing this application) If garage, numl-,er of cars , 1 amber of.dwelling units on each floor 6. If business, comrnei,cial or mixe, , ; n acy, specify i iture and extent of each type of use. 7. Dimensions of existing'structures, i-�`; ny: Front Height _ _Rear Depth per of Stories Dimensions of same structure wi 11alterations or ac:..°itions: Front Depth Ht ; ;it Rear _Number of Stories 8. Dimensions of entire new con;:,,ructi, 1: Front HeightDepth Nu. fiber of Stories_ 9. Size of lot: Front ._.. jr _ 10. Date of Purchase .ie of Former 1 I. Zone or use district in which premises, e situated 1'." and R-8 0 ?. Does proposed construction violate any oning law, or: r ance or regulation? YES, X NO �:�. .Willlot Abe�r�-gxaZ1 `l,r=> .X NO �'i 11 - _ excess f;i remover; from premises? YES NO X Add , ___phone No. Name of Archiio,,- -- ---- 4 Y�Addres` —`Phone No _ Name of Connuc:=;_t....._..�._..:.- _ Addr ,,,, 15 a. Is this property withi- i.; iris * IF YES, SOUTHOLD T(� IN f r7 ; , 3 »water wt dand? *YES X NO b. Is this property within 300 feet of c t? i }7 : ; `TS MA`..�BE REQUIRED. * IF YES,D.E.C. PERMITS MAY BE C K?U: ..1, . - NO.. 16. Provide survey,to scale, with accurate ' Aadati:n plan and di„ i cc, o propert3 lines. 17. If elevation at any point on property is tt. '0 fee;: or below, in :rovi ,Ie topogr;aphical data on survey. 18. Are there any covenants and restriction:: ith respect to this ro y X * IF YES, PROVIDE A COPY. p f' YES NO STATE OF NEW YORK) SS: COUNTY OF Suffol Jodi Giglio (Name of individual signing contract)above r ; ,11PU .ing duly sworn, deb ,s,.; and gays that(s)he is the applicant (S)He is the Acrent for T Vecchia (Contractor,Agent, : orpor.L to Officer, etc.) of said owner or owners, and is duly authorized to pe. form ,.)i,have performed t( ,aid work and to make that all statements contained in this application are trL. to ',o t best of his knowlc 1 and belief and performed in the manner set forth in the application ft td t',erewith. and file this application; that the work will be Sworn to before me this day of 20A of Public ) �-/ ©4E -- U aigrid,tire of Applicant APPLICATION TI IE SOUTHOLD TOWN BOARD OF ''!EALS RECENED Fee:$L Filed B : For Office Use Only vv�� Y Date Assigned/Assignment No. c3 FEB �. 3 2013 Offlce Notes: ARD 0 APPEALS House No. 908 Street Birdseye Road Hamlet Orient SCTM 1000 Section 17 Block 2 Lot(s) 1. 5 _Lot Size 15 OX2 6 0 Zone AC/R-8 0 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 2 3, 13BASED ON MAP DATED January 3 . 2013 Applicants)/Owner(s): J & L LaVecchia c/o Bennett Enterprises LLC MailingAddress: PO Box 386 Wading River, NY 11792 Telephone: 631-445-5907 Fax#: Email:_jodigiglio@optonline.net 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: Jodi Giglio for(X) Owner,or ( ) Other: Agent's Address: PO Box 386, Wading River, NY 11792 Telephone 6 31-4 4 5-5 9 0 7 Fax#: Email: Jodigiglio@optonline.net Please check box to spectfy who you wish correspondence to be mailed to,from the above names.- 0 Applicant/Owner(s),or ❑Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 1/3/13 AN APPLICATION DATED 1/7/13 FOR and DENIED : ?§Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction OOther: 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 Type of Appeal. An Appeal is made for: -1 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. 0 Interpretation of the Town Code,Article ❑Reversal or Other Section A prior appeal 0 has ill has not been made at any time with res ect to this ro er No. year (Please be sure to research before completing this question or call our ff�UNDER Appeal assistance) a1-7q 3 3 ©c! '7 3 Name of Owner: ZBA'- # 3�RECEIVED REASONS FOR APPEAL(addidonal sheets may be used with nrenarerIs sknmwi FEB 13 2013 AREA VARIANCE REASONS: [BOAR®OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: Applicant is requesting a pool in the front yard. There are other homes in this unique neighborhood that have their pools in various locations. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to ursue,other than an area variance,because: The lot is unique and is improved. There is a circular driveway in the rear yard which prohibits placement of the pool in that location. (3) The amount of relief requested is not substantial because: The lot is situated on a right of way and the pool would be seen from that right of way placed anywhere on the lot . (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The applicant is proposing the installation of a dry well landward of the wetlands. (5) Has the alleged difficulty been self-created? ( )Yes,or (iNo. Are there Covenants and Restrictions concerning this land: 54 No. ❑Yes(please furnish coov) 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 ATTACHED USE VARIANCE SHEET (Please be sure to co sulR§QUES EDor AND PIAAS&COMPLETE THE � . L. tC Lsignature of Appellant o Authori e A ent Sworn to b for a thi (Agent must submit written Authorization fr Ow er) day,of L;�2o'! Notary Publi 5 wd Sc�o g�cz,�L RECEIVED FEB 2 3 2013 APPLICANT'S PROJECT DESCRIPTION BOAR®OF APPEAJ-5 (For ZBA Reference) Applicant: Joseph and Leslie LaVecchia Date Prepared: January 31, 2013 I. For Demolition of Existing Building Areas n/a Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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): 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 n RECEIVED FEB 13 2013 QUESTIONNAIltE BOARD OF APPEALS FOR FLING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes 4 No B. Are there any proposals to change or alter land contours? ❑No 9 Yes,please explain on attached sheet. Applicant may require a retaining wall for proposed pool C. 1)Are there areas that contain sand or wetland grasses? 2)Are these areas shown on the map submitted with this application y.. th 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 inquiry or application with the Trustees: Application wi Please un n�ZBAya and if issued,please attach copies of permit with conditions and approved map. p approval 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 sho structures on a diagram if any exist. Or state"none"on the above line, if applicable area of these 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 single famil dwellin with deck ---� avhpoposed use (examp existingfa -n*Zhn sed: same with garage or pool,or other description.) Authorized Signature ate 2ios; 1/07 PRomdrm.NUMBER SEQR RECEIVED 617.21 Appendix C FEB 13 2013 State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM ®��®®�APPEALS UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name Joseph and Leslie LaVecchia 3.Projbct location: Municipality County 908 Birdseye Drive, Orient, Suffolk 4.Precise location(Street address and road Intersections,prominent landmarks,etc.or provide map) 908 Birdseye Drive, Orient (private right of way) off of' Main Road 5.Is proposed action: (X)NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: Applicant proposes to construct an in ground pool in the front yard requiring Zoning Board of Appeals and Town Trustees 7.Amount of land affected: Initially: acres; Ultimately: acres 8.Will proposed action comply with existing or other existing land use restrictlons:( )YES ( )NO If No,describe briefly: Needs ZBA 9.What Is present land use in vicinity of project:(describe): ( )Residential ( )Industrial ( )Commerclal ( )Agricultural ( )Park/Foresv0pen Space ( )Other 10.Does action Involve a penult approval or funding,now or ultimately from any other Govemmental agency,(Federal,State or Local)? ( )YES ( )NO If Yes,list agency(s)and permlt/approvais: 11.Does any aspect of the action have a currently valid permit or approval? ( )YES (X)NO If Yes,list agency(s)and permit/approvals: w 12.As a result of proposed action,will existing Permit/approval require modiflcatlon? It )YES (A)NO if Yes,list agency(s)and pemtit/approvals: I certify that the Information provided above Is true to the best of my knowledge. ne signture: -- - �✓ If the act/on is in the Coastal Area,and/you aii a state agency, complete the Coastal Assessment Form before proceeding with this assessment RECEIVED FEB 1.3 2013 AGRICULTURAL DATA STATEMENT BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located.in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. '' 1�1 1. Name of Applicant: V L L q)d a 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: fr© 6. Location of Property: (road and Tax ap r number) �� `�G\S 1 -� — 2 7. Is the parcel within 500 feet of a farm operation? Yes No 8. Is this parcel actively farmed? { ) Yes o 9. Name and addresses of any owner(s)of la within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 2i i 3 Signature of Applic nt Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. TRA, kCTIONAL DISCLOSURE FORM RECEIVED €. APPLICABLE` JWNER CON TRACT CT VENDEE AND AGENT: FEB e Town of Southold s Code of Ethics prohibits conflicts of interest on the art of To F APPF h:. and employees. The p ALA 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 neces sary to avoid same, . Leslie La' Vecchia y (Last name, first name, middle initial, unless you are applying other entity,such as a company. If so, indicate the other person or company name someone else or NATURE OF APPLICATION: (Check all that apply.) ) Variance X Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling,relationship with any officer or employee of the Town of Southold? " are tionshi " ' Blood marria a or business .interest. "Business interest" g, parent, or child) have a artnershi 'ill which the Town officer or in to nt has even a artia u includes by em to ent b a co oration in which the Town officer ore means a business inershi of a s rPc m to ee owns more than 50�of or YES NO X - I.jyou answered "YES'; complete the balance of this form and date and si n where Name of person employed by the Town of Southold: g re indicated. Title or position of that person: Describe that relationship between Town officer re employee. Yourself (the applicant, agent or contract vendee) and the 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 apply): , , or child is (check all that ---- A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when.the applicant is a corporatidn); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); a C)an officer, director ' p rtner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Y' Sub 'tted this Signature: Print Name: Ii e-- G� RECEIIVEC) lo� FEB 13 2013 AGENT/REPRESENTATIVE [BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM 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. � e I L YOUR NAME : \� D �l l Q=i 6 (Last name,first name,middle initial,unless you arApplying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe 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 that 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 day of ,20 Signature Q Print Name \j DD I`D Town of Southold RECEIVE® J v1 LWRP CONSISTENCY ASSESSMENT FORM FEB 13 2013 A. INSTRUCTIONS BOARD OF APPEALS l. All applicants for permits* including.Town of Southold agencies, shall complete t his CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review aw. This assessment is intended to supplement other information used by a To making a determination of consistency. wn of Southold agency in *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in-Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and,. if necessary, determination that it is consistent to the maximum 'extent -practicable ov►'lthdthe L to making a standards and conditions. If an action cannot be certified as consistent with the LWRP MP policy standards and conditions,it shall not be undertaken. Y A copy of the LWRP is available in the following places: online at the Town of Southold's we (southoldtown.northfork.net), the Board of Trustees Office, the Planning Dep bsite artment,'all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 17 _ 2 1 . 5 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. Q Board of Trustees ZBA 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) ❑ — t, approv tense,cerh-Sc-'ation — --....._..... ..... . ...... . Nature and extent of action: - 'Proposed in ground pool Attach additional sheets if necessary 'Policy 3. Enhance visual quality and protect scenic resources thro LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ughout the Town of Southold. See ❑ Yes ❑ No Not Applicable RECEIVED FEB 13 2013 7. �ttachadditional sheets if necessary .NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodin Section III—Policies Pages 8 through 16 for evaluation criteria g and erosion. See LWRP Yes ❑ No E Not Applicable Attach additional sheets if necessary Policy.5. Protect and improve water quality and supply in Policies Pages 16 through 21 for evaluation criteria p y the Town of Southold. See LW RP Section III ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function Significant Coastal Fish and Wildlife Habitats and wetlands. See LW ion of the Town of Southold ecosystems including t rough 32 for evaluation criteria. "� ------ .._._......_..._�Section _II — Policies• Pa es 22_-. __g Yes o . .. N x Not Applicable Location of action: Front private and r Y P road Birds Eye Road �t✓ RECERVED Site acreage: acres FEB 2093 Present landttse:. single family dwelling w deck BOARD OF APPEAI.S Present zoning classification: AC/R-8 0 2. Han application for the proposed action has been filed with the Town of Southold agency, information shall be provided: g y, the following (a) Name of applicant:Joseph and Leslie Lavecchia c/o Bennett Enterprises (b) Mailing address: PO Box 386, Wading River, NYA 11792 (c) Telephone number: Area Code( ) 6 31-4 4 5-5 9 0 7 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes 0 No'--' If yes, which state or federal agency? --------------- C. DEVELOPED COAST POLICY P011cy.-1, Foster a pattern of development in the Town of Southold that enhances com preserves open space, makes efficient use of infrastructure, makes beneficial use of coastal character, minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for astal location, and criteria, g revaluation ❑Yes El No � Not Applicable Attach additional sheets if necessary pr`eseirve liis�ori`c and archaeo og c 1 resources'o�, w Section III—Policies Pages 3 through 6 for evaluation criteria n o out o __�-- See L RP W Yes No 0 Not Applicable ' M Attach additional sheets if necessary ®AR®®fF APPEALS Policy 7. Protect and improve air quality in .the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes ❑No X❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from-solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ 'Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy-9. Provide for public access to, and recreational use of,.coastal waters and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 th oulgh ic lands,46.for evaluation criteria. Yes❑ No L�J Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES ............ . _ _ ...__.... _......-..........._....... --- _ ......._.._....._...----- _.._.... .Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑riot fipplicaTiie-.._.__.........----.._.._.... .-------------. ..._................ ._ . _ RECEIVED Attach additional sheets if necessary FEB 13 Via- BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 91 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies;,Pa es 62 through 65 for evaluation criteria. g ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LW" Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Q Not Applicable Created on 5125105 11:20 AM _._. _.--.--..._....-_.._. __..._..- ....._..._........... FEB .. 3 2013 OOS�FF���O� (BOARD . APPEALS Ln - Southold-- Town Board-iof Appeats Ol �r MAIN ROAD- STATE ROAD 25 SOLITHbLDY. 7 71 TELEPHONE ACTION OF THE ZONING. BOARD.OF APPEALS Appeal No. ' 3097 Application 'Dated March. 1.0;.1983 (Public Hearing held' 4/20/83) TO: 'Irving. L,• Price, Jr.. , Esq. , attorney for . [Appellant(s)] MR. AND MRS. ROBERT DeVOE 828 Front Street Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held 'on AA.iil 27, 1983 the above appeal was considered, and the action indicated below was taken on your [x] Request for Variance Due to Lack of 'Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under -the Zoning Ordinance Article. ,'Section 11 • Request for Variance to the Zoning Ordinance Article , Section [ ] Request. for The public hearing on this matter was held .on April, 20, 1983•. Upon.application 'fbr ROBERT and JOANNE DeVOE, by Irving L. Price, Jr. , Esq.•, •828•Front Street, Greenport, NY, for a Variance to Section 280-A, New York Town Law, for approval of access over a private right-of-way located off• the •north side of Main; .(S..R. •2.5) •Road, at T�rry's 'Point, Orient, NY;' Parcel in• question: Subdivision Lot 3 of Minor Subdivision . of Jonathan D. 'Stern; County Tax Map Parcel No. 1000=17-02-001.2, The board made the following findings and determination" By this appeal, appellants seek approval of access aver a private right-of-way commencing at a point located at the north:side of the Main-Road and extending northerly approximately 480 feet to the begin- ning of the Subdivision of "Jonathan D. Stern at Orient". The right-of-way extending within the subdivision in question is not within the purview of this hoard. The 480' right-of-way'as shown on survey submitted'with this . application surveyed by .Van_Tuyl and Son June 25, 1970 gas a legal width of 33•feet and has a varied traveled, improved width of between nine.ana 12 feet. • The macadam :tbp course is -broken in'-some areas. Also, for the record it is noted that the subject right-of-way is traversed by a large number of residents in the area;and is the legal access to these parcels and. possibly others along:abutting rights-of-way. In considering this appeal, the board determines t4at the variance request is' not substantial in relation to the requirements of zoning; that the circumstances are. unique; 'that by allowing the -variance no substantial detriment. to adjoining properties will be created; that the difficulty cannot b . obviated by a method feasible gor appellant other than a variance; that the relief requested will be in harmony with and promote the general purposes of zoning; and in 'view of the manner in which the difficulty arose and in considerati n of all the above factors, the interests of justice will be served y allowing the variance as indicated below. i (CONTINUED ON PAGE TWO) DATED: May 12, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev.. 12/81) Page 2 - Appeal No 3097 �����® lQ Matter of ROBERT AND JOANNE DeVOE Decision Rendered April 27, 1983 FEB.1 3 2013 B0ARI)OF-APPEALS On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3097, application for ROBERT AND JOANNE DeVOE for approval of access, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That on the first 148 feet, more or less, of macadam be patched with bituminous material where necessary; 2. That on the next 265 feet, more or less, of medium-size gravel course, have placed thereupon 4" of compacted medium-size gravel (similar to present gravel) 12 feet in width; 3. That the•next 82 feet, more or less, of concrete be repaired or replaced with other materials, if and when damaged. Location of Property: Subdivision Lot 3 of Subdivision of Jonathan D. Stern at Orient; Courity Tax Map Parcel-No. 1000-17- 02-001.2. ' Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent due to illness.) This resolution was unanimously adopted. APPROVED P.ECEFVED AND }FILED By THE'SOUTHOLD TOWN CI, Cf�airman Board of AP eals DA / HOUR � ov TOWN OF SOUTHOLD, NEW YORH DATE..SeP.t.� ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2179 Dated August 13, 1976 FEB 13 2013 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD BOARD OF APPEALS To Jonathan Di Stern Appellant Main Road Orient, NY at a meeting of the Zoning Board of Appeals on September 2, 1976 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8.20 P.M. (E.D.S.T.) upon application of Jonathan D. Stern, Main Road, Orient, New York for a variance in accordance with the Zoning• Ordinance;.Article IIx,. Section 100-30 & Bulk Scheduie for permission to change lot lines in a minor subdivision. Location of property:. Private Road off north side Main Road, Orient, New York, bounded on the north by Long Island Sound; east, south, and west by other land of applicant. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPRO D SEE REVERSE ZONI 13>Adol? APPEALS FORM ZB4 p a n RECEIVED FEB 13 2013 BOARD OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to change lot lines in a minor subdivision, Private Road off north side Main Road, Orient, New York. The findings of the Board areithat the proposed -change will increase the size of Lot #4, increasing the waterfront of this lot from 100' to 170' . The size of Lot #3 will be decreased from 48,000 sq. ft. to 44,000 sq. ft. , decreasing the waterfront of this lot from 180' to 1501 . The size of Lot #2 will be de- creased from 47,000 sq. ft. to 42,000 sq. ft. , decreasing the waterfront on this lot from 190' to 150' . This will not change the frontage on the right-of-way on any of these lots in the minor subdivision. The Board feels this will improve the char- acter of the subdivision by including the point in the whole of. Lot #3, rather than having the division between Lot #3 and Lot #2 split the point. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created. is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Jonathan D. Stern, Main Road, Orient, New York, be GRANTED permission to change lot lines in a minor subdivision, Private Road off north side Main Road, Orient, New York, as applied for, aubjeot to Planning Board �-- Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DA`fE9 -7� HOU111.OQi9 N. Towet%, Town of Southold FEBRECEIVED 13 2013 B®AFL®OF APPEALS Board of Zoning Anneals Application AUTHORIZATION (Where the Applicant is not the Owner) residing at o V CV 5 (Print property owner's name) (Mailing Address) ` b do hereby authorize i ��� n T ��c , (Agent) �s to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) REEVED FORM NO. 4 FEB 13 2013 TOWN OF SOUTHOLD BUILDING DEPARTMENT BARD OF APPEALS Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17185 Date AUGUST 10, 1988 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1200 PVT. RD. # 2 (BIRDS EYE RD) ORIENT House No. Street Hamlet County Tax Map No. 1000 Section 017 Block 02 Lot 1.5 Subdivision J.D. STERN Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 13, 1987 pursuant to which Building Permit No. 16036Z dated JUNE 9, 1987 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 ONE FAMILY DWELLING, ATTACHED GARAGE AND DECK. The certificate is issued to STEVEN J.N. CHIERCHIE (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 86-SO-250 JULY 7, 1988 UNDERWRITERS CERTIFICATE NO. H002053 APRIL 21, 1988 PLUMBERS CERTIFICATION DATED ROBERT BERTORELLO JULY 9, 1988 Building Inspector Rev. 1/81 . - s7 1 TOWN OF SOUTHOLD PROPERTY RECORD:� .CAR® 2 /D00 f7 - - % s - OWNER STREET VILLAGE DIST: SUP. LOT r On Iecc Or Z'IV7- F RMER OWNER E Ale CR S �/�/ TYP P . OF BUILDING:. RES. SEAS.' VL. FARM COMM. CB. MICS Mkt. Value LAND IMP. TOTAL DATE REMARKS /Ono 3/23/ 2ri'AP F�oM �, S/L N a0o. ,53Asa /'► , f 1210 1 VC/ / +0 0 J �'3 -3 sw�is 1 6 .L� 7`.. lC 1 n r�— Si �'frti/ _Y �` f� fZT �r Z013 r Tillable FRONTAGE ON WATER Woodland FRONTAGE ON RGd4 / -o Meadowland DEPTH V �! House Plot �0 � :r; ;1 BULKHEAD Tota I f' Y ■ .c _ a ■ ■ ■M■■■e ■e eeee■■■■■eeeee ` �a; ; � . __ • ' �+ _■■■■�ie■■eeeeee■■■■®eeee : -r eeee■ _ «� _ � --.....° eee eeee■eee■■e�■ ■■■■■■■■e e ' - '•'�i, F..°... � ?; � , _ . ■eeeee■■■eel�ee�ae■■■■■e■■eee MENNENe .`}• ••• , r T . :.} � ._ i •: ■Ceeeee■ee■��11■�■■■■��e eeee -' •' � :; _ ,: ;,z_ ■■eeee■■■ee��1■r�r�■ ■wee■=■eeee i eeeee®®■■■e� ��®e■® ' eeeee■■■ `:. - R,t ■■■■eeeee e: ®eeee■ ie■eeeeee C _ T ■■eeeee■e■e� eseeeee . eeee u ■ ■■■■■■■■■®Ia■eee■■ NONE ■■■■e ?...;.,.y„.. f. _.3., ._. :. .,..a'.,'., $,i .. ..l 4.y'. ■�ie eee■eeeee eee ■M��eee■eeee ■■e eee■■eee11 e®e■ERVe■e■ e■■ ■e ■■■ eee■eeee®ee■ ■ems■eee■■eee ■■■■eee■eeer�i®eeeeee■r�eeeeeeeee t : • :. W ■■eeeeeeeeeel®eeeeee. - ee eeeeee _ eeee■®■■■■■�®■�■■e�e■■ ■■■e■� - • i qv1 ■eeeee■eeeee■ee■1�■eee■■NONE Foundation Basement �Ext. Walls Interior Finish Fire Place Recreation Room ',Rooms 2nd Floor W1 --7.: •J_. I 147" �`�� •��2+'y� � ,'!�� µ ���.r. �� r �� m ��t� - I ���l�i;: 1. � i,t-" ��� .y � s ""'F �y„�/ �'•��._ fir. ��!„�..�' - _ c �:_ r r ,�. "t�yr.. �� / a r� �7`.�� .a �Xs,.., �6�1^W,�.�i�t ^.:Y ..✓ „!,�/!fin_ aY P- f. `; .w � , r` w�:• t�� ^., -••, , y' �"'r�ff !' i!y'4.� H•T'rs"(�4'1r. ►,8.' 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TTT c i'•t1 �I Y` i{ sib Av , ti RECEIVED 130ARD OF AP • �,'� , r'4� �:`� - ;p� 1�. •� �''• ':• ems. own of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/14/13 Receipt#: 146550 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6634 $500.00 Check#: 1981 Total Paid: $500.00 Name: Lavecchia, Leslie L 21 Kolbert Drive Scarsdale, NY 10583 Clerk ID: CAROLH Internal ID:6634 ELIZABETH A.NEVILLE,MMC h�0 Gy Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q .F Fax(631)765-6145 MARRIAGE OFFICER �'� 0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �j �►a FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 14, 2013 RE: Zoning Appeal No. 6634 Transmitted herewith is Zoning Appeals No. 6634 of Jodi Giglio for J & L LaVecchia-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice from Disapproval from Building Department Dated January 23, 2013, Copy of Application for Building Permit Dated January 14, 2013, Two Page Copy of Action of the zoning Board of Appeals No. 3097 Dated March 10, 1983, Two Page Copy of Action of the Zoning Board of Appeals No. 2179 Dated August 13, 1976, Authorization Letter from J & L LaVecchia to Jodi Giglio, Copy of Certificate of Occupancy No. Z17185 for One Family Dwelling Dated August 10, 1988, Copy of Property Record Card(Both Sides), Four Pages of Photos of Property, Copy of Survey Showing Dated January 3, 2013 Prepared by Nathan Taft Corwin III-Land Surveyor, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2-14-13 ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP 6634 LAVECCHIA, J. 1981 $500.00 RECEIVED Southold Town Clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: ES Thank you. Twomey, Latham', MAILING ADDRESS: Shea, Kelley, Dubin & Quartararo LLP Post Office Box 9398 A T T O R N E Y S A T L A IN Riverhead,New York 11901.9398 MAIN OFFICE: THOMAS A.TWOMEY,JR. 33 West Second Street STEPHEN B.LATHAM Riverhead,New York 11901-9398 JOHN F.SHEA,III CHRISTOPHER D.KELLEY Telephone:631.727.2180 DAVID M.DUBINO JAY P.QUARTARAROt Facsimile: 631.727.1767 PETER M.MOTT www.suffolklaw.com JANICE L.SNEAD ANNE MARIE GOODALE ddubin@suffolklaw.com BRYAN C.VAN COTT♦ KATHRYN DALLI Extension 230 LAURA L DUNATHAN A LISA CLARE KOMBRINK PATRICK B.FIFE KELLY E.KINIRONS Aril 17 2013 LAUREN E.STILES p PATRICIA J.RUSSELL BARBARA L.HALL REZA EBRAHIMI BRYAN J.DRAGO JOHN A.OTTO t• VIA FACSIMILE RECEIVED CALLY SCHICKLERY MELISSA H.SIDOR AND FIRST CLASS MAIL OF COUNSEL KENNETH P.LAVALLE APR 18 2013 KEVIN M.FOX KAREN A.HOEG Town of Southold O NYALABARS Zoning Board of Appeals [BOARD OFAPPEALS t LL.M.IN TAXATION ♦ NY 6 NJ BARS NY 6<CT BARS 53095 Route 25 � V NYSAZBARS Southold,NY 11971 Attn.: Chairperson Leslie Kanes Weisman Re: Zoning Board of Appeals Application No.6634 ,Applicant: Leslie.L. LaVecchia Premises: 908 Birdseye Road,Orient,NY SCTM#: 1000-17-24.5 Dear Chairperson Weisman and Board Members: As explained in our letter to the Zoning Board of Appeals dated April 4,2013, our firm represents John Josephson,Carolina Zapf,and Interwellen Property Partners, LLC (hereinafter "the Josephsons"),the owners of 700,900,and 1515 Birdseye Road (SCTM## 1000-17-2-1.9, 1.11,and 1.14),and William Matassoni and Pamela. Valentine (hereinafter"the Matassonis"),the owners of 1525 Birdseye Road (SCTM# 1000-17-2-1.2),whose properties are located immediately adjacent to the west,south, and north of the applicant's property. At the hearing on this application on April 4, 2013,we appeared and expressed our clients' concerns,including the proximity of the proposed swimming pool to the Josephsons' property to the west,and the need for an adequate buffer between the pool and the Josephsons' property,especially because of the variations in the properties' elevations. OTHER OFFICE LOCATIONS: We-received,from Ms.Jodi Giglio a proposed landscape plan for the La 20 Main Street East Hampton,NY 11937 Vecchia residence;dated April 10,2013,which was prepared by Natural Images 631.324.1200 51 Hill Street Landscaping,,Inc., I have reviewed this proposed plan with our clients,and they have Southampton,NY 11968 three comments I transmitted-these comments to Ms.Giglio by email dated April 17, 631.287.0090 490 Wheeler Road 2012. Suite 165G Hauppauge,NY 11788 631.265.1414 56340 Main Road P.O.Box 325 Southold,NY 11971 631.765.2300 April 17,2013 Page -2- First,there is no indication on the plan of the height of the proposed plantings,and the plan does not contain elevations. Without this information,especially the height of the proposed plantings,it is impossible to determine whether the plantings will serve as a meaningful buffer. Secondly,the variety of the trees proposed in the northwest corner of the applicant's property is cut off from our copy. We would like to know the identity of the proposed trees so that our clients can see that they will remain green year round. Finally,the plan does not show the distance between the pool and the applicant's westerly boundary line,which,we understood from last week's hearing,is required to be a minimum of 20 feet. Provided that the landscaping plan approved by the Zoning Board of Appeals includes the height and varieties of all proposed plantings so as to ensure a meaningful buffer between the pool and our clients' respective properties,and provided that the approved plan shows that the proposed pool is located a minimum of 20 feet from the applicant's westerly boundary line,our clients would not object to such plan. Thank you for allowing us to submit these comments. Please include this letter in the record of this application. Very truly yours, J- RECEIVED David M. Dubin APR 18 2013 DMD/ms BOARD OF APPEALS cc: Jennifer Andaloro,Esq. �(3�' a�Fa fIS 4 , �! 1! JI•.' 1{S' -iflr t_'r f 1` D O•' �y�ql. y r,.,�}h,L y� ��� t Iti v. s1 .8. .. � r' s'C. V f i .AR • `f O 'W G: :6 1' 1 �! �".�, sr :�_ .} 1�! ,::jl ! ►�- tN .:r 5 J f V IE V 2 ;F �q �'i+.f .I . . S- T.�� � `'rr..3'�r �`: , a' ,. �I � � Q ) ft'•t15 � 1 ._,' ��,1..♦.'�'' r<Y-' 14 •r Ci 'V x' 4.,„erS J(' t r c fJ.� �[ .[�V. Sr s 5 5 5 '� }. ee i ) t )� 17 • W {!x �. {F i 1. '1 ✓` 1 RZ C Q ® '�L. if 1) h n t `fit 11 Ty4. 1 +ct ,$ �" 5 •/ -. \ lal.K ..-t t I r/• rbcr I d A st4 N xf i f 1' fS3 . ''.... f 1 x�ff 11 i/S t � Fc�- s r t• � a ,f � % it •jlt?: . .M a; ) L����� y y �r fr= � [ff il�Z__? I�w •�tfgS Itl{ �` 1� �� � :;s; �y}��{r _._ -T wp rj..r+ ✓T st rT � r� t� j V( d D [,,11 't Mai ' � .Q1 {fir��. J Tk, 'I( 1 � '�H 1 � .. � r5k -:. , f� J: s'tI +` � ¢ � 1.- s r-,;�� J( ��s •t ltr � � � 7. LAJ I^ •4� ii f rA 't-. �I�� �t} s f �'' cnf Q 1- Ld c i O 0. Vf ,. Y' I .,✓- C( +Z try (t f;t,a Y�;,If s 1 1 j M f fi c �t 7 I6 S JJJ t r I1; V) d I{ tx :+ 1 i t / hYs s i4a s i-hF. 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Twomey, Latham, MAILING ADDRESS: Shea, Kelley, Dubin & Quartararo LLP Post office Box 9398 A T T O R N E Y S A T L A W Riverhead,New York 11901-9398 MAIN OFFICE: THOMAS A.TWOMEY,JR. 33 West Second Street STEPHEN B.LATHAM Riverhead,New York 11901-9398 JOHN F.SHEA,III CHRISTOPHER D.KELLEY Telephone:631.727.2180 DAVID M.DUBINO JAY P.QUARTARAROt Facsimile: 631.727.1767 PETER M.MOTT www.suffolklaw.com JANICE L.SNEAD ANNE MARIE GOODALE ddubin@suffolklaw.com BRYAN C.VAN COTT♦ KATHRYN DALLI Extension 230 LAURA I.DUNATHAN A LISA CLARE KOMBRINK PATRICK B.FIFE KELLY April 4, 2013 LAUREN E..STILES PATRICIA J.RUSSELL BARBARA L.HALL REZA EBRAHIMI BRYAN J.DRAGO JOHNt�CALL S VIA FACSIMILE CALLY CHICHICKLERV OF COUNSEL AND HAND DELIVERY KENNETH P.LAVALLE KEVIN M.FOX KAREN A.HOEG O NY&LA BARS Town of Southold L TAXATION* NY&NJ NJ BARS Zoning Board of Appeals NY& BARS NY&AZ BARS 53095 Route 25 AZ Southold,NY 11971 RECEIVED Attn.: Chairperson Leslie Kanes Weisman and Board Members APR 4 Re: Zoning Board of Appeals Application No. 6634 Applicant: Leslie L. LaVecchia 11®ARD OF APPEALS Premises: 908 Birdseye Road,Orient,NY SCTM#: 1000-17-2-1.5 Dear Chairperson Weisman and Board Members: Our firm represents John Josephson,Carolina Zapf,and Interwellen Property Partners,LLC (hereinafter"the Josephsons"),the owners of 700,900,and 1515 Birdseye Road (SCTM## 1000-17-2-1.9, 1.11,and 1.14) and William Matassoni and Pamela Valentine (hereinafter"the Matassonis"),the owners of 1525 Birdseye Road (SCTM# 1000-17-2-1.2),whose properties are located immediately adjacent to the west,south,and north of the subject lot. At this time,the Josephsons and Matassonis would like to submit this written objection to Leslie L. LaVecchia's application for a variance to construct an accessory in-ground swimming pool in a "location other than the Code required rear yard" as described in the Legal Notice,which is currently pending before the Zoning Board of Appeals. The swimming pool is proposed to be located on the westerly side of the applicant's front yard,merely ten (10)feet from the Josephsons' property. A copy of the relevant Suffolk County Tax Map page OTHER OFFICE LocArioNs:20 Main Street showing the proximity of the proposed accessory structure to the Josephsons' and East Hampton,NY 11937 631.324.1200 Matassonis' property is enclosed. 51 Hill Street Southampton,NY 11968 631.287.0090 490 Wheeler Road Suite 165G Hauppauge,NY 11788 631.265.1414 56340 Main Road P.O.Box 325 Southold,NY 11971 631-765.2300 PROPERTY ZONING The subject lot is located within Zoning District"R-40" and is non- conforming due to its size (.833 acres). It is also a corner lot with two roadway frontages resulting in two front yards. Southold Town Code Section 280-106. The location of accessory structures located within Zoning District"R-40" are limited to rear yards with a minimum side and rear yard setback of 10 feet for lots 20,000- 39,000 square feet in size. Southold Town Code Section 280-15. The Town Code appears to be silent as to a minimum front yard setback required for accessory structures (probably because they are not permitted) and,while nonconforming lots are granted reduced setback requirements for principal buildings,there are no reduced setbacks allowed for accessory structures. Southold Town Code Section 280-124. The use of a minimum side yard setback is only allowed within a front yard if the owner of a lot"does not have the right to use or travel over a bordering street,right- of-way or street line",however,the last deed of record for the applicant's lot grants a right-of-way over the northerly and westerly portions of the private roadway that abuts their property. Southold Town Code Section 280-4. A copy of the applicant's last deed of record Liber 12710 Page 25 is enclosed. Therefore,this exception does not apply to the subject lot. It is unclear why the applicant chose a setback of 10 feet from the front yard lot line,which is the minimum allowed setback from the side and rear ya d lot lines,especially since the pool can be located further to the east and centered o EIVE6kY applicant's property,without such an impact on our clients. APR 4 2013 ZONING BOARD OF APPEALS CRITERIA SOAR® OF APPEALS Our clients do not object to their neighbor's proposed construction of a swimming pool in their designated front yard,however,they strenuously object to the proposed location which is merely ten (10)feet from their property. The proposed position of the swimming pool is located too close to the property line shared with the Josephsons and will cause a detriment to nearby properties,particularly the Josephsons' and Mattasonis' properties. The variance sought by the applicant can be achieved,however,without such a substantial detriment to their neighbors by moving the pool easterly to the center of their lot. The variance requested is substantial in that the applicant is seeking to locate the proposed swimming pool ten (10)feet from the front property line when the Town Code does not allow accessory structures in the front yard at all. In addition,it appears that any swimming pool located in the front yard of other properties in this neighborhood is setback from the front lot line significantly further than the proposed 10 feet. Lastly,the requested relief is self-created. The applicant purchased the subject lot on October 18,2012,and at that time knew or should have known that the property was limited in its use by two front yards due to being a corner lot as well as the difficulties that would be associated with constructing accessory structures in those front yards. In conclusion,provided that the applicant agrees to move the pool towards the center of their lot and thereby reduces the impact upon the Josephsons and Matassonis,and provided the applicant agrees to a buffer that will provide year round screening,our clients would not object to the instant application. Thank you for the opportunity of allowing us to submit these comments. Please include this letter in the record of this application. Very truly yours, David A Dubin DMD/dq Enc. f RECEIVED APR 4 2013 BOAPM OF APPEALS !IIIIIII Illl IIIII Illil IIIII IIIII IIIII IIIII 111111111 IN I(IIIII IIIII Illll IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 11/01/2012 Number of Pages: 3 At: 11:19:34 AM Receipt Number : 12-0124681 TRANSFER TAX NUMBER: 12-07228 LIBER: D00012710 PAGE: 025 District: Section: Block: Lot: 1000 017.00 02.00 001.005 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,040,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $4,160.00 NO Mansion Tax $10,400.00 NO Comm.Pres $17,800.00 NO Fees Paid $32, 610.00 TRANSFER TAX NUMBER: 12-07228 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County RECEIVED y APR 4 2013 BOAR® OF APPEALS 1 2 i Number of pages RECORDED ! TORRENS 2012 Nov 01 1109:34 P14 JUDITH p: PASCALE Serial# CLERK OF SUFFOLK COUNTY Certificate# L D00012710 P 025 Prior Ctf.H DT# 12-07228 Deed.Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee 3 Mortgage Amt. — 1.Basic Tax Handling 90Z — 2.Additional Tax _ TP-584 Sub Total _ Notation Spec./Assit. ' or EA-5217(County) Sub Total Spec./Add. TOT.MTG.TAX _ EA-5217(State) Dual Town_ Dual County— R.P.T.S.A. _ Held for Appointment Transfer Tax b. Comm.of Ed. 5. 00 s ' naesri—Fax 0 Affidavit M �� per y covered by this mortgage is or will be improved by a one or two Certified Copy family dwelling only. YES or NO Reg.Copy Sub Total O,see appropriate tax clause on Other Grand Total 0M a of this instrument. ID' D — —1 4 Dismct 12025474 1000 01700 0200 001005 3(,001 5 Community Preservation Fund Real URCWH Consideration Amount $ d 1 Property Tax Service ax Due $ l� i - , Agency T — - -- --- Improved i Verification Vacant Land 6 Satisfaction/Distharges/Release List Property Owners Mailing Address TD D '' RECORD&RETURN TO: � // . t1c&,iq MC "J IN{ —sgi. TD II VETDS-V4+01a +i/y 1 I��i/ RECEIV / 7 Title Company Information Co.Name APR 4 2013 Title#F_12-7404-869 8 Suffolk County Recording & Endorsement Page OAR® OF APPEALS This page Forms part of the attached need made by: � (SPECIFY TYPE OF INSTRUMENT) i Steven .T v Chierchie The premisis herein is situated in Patricia Martin €ezcl . SUFFOLK COUNTY,NEW YORK. I TO In the Township of Southold j J^����baVeee��e In the VILLAGE Leslie L. LaVecchia orHAMLETof Orient BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. lnvPrl Bargain and Sale Deed.with Covenant against Grantors Acts-Individual or Coeporadon(single sheet) THIS INDENTURE,made the day of D Two Thousand and Twelve BETWEEN, Steven J.N.Chierchie, residing at 44210 Middle Road, Southold,New York 11971,and Patricia Martin f.k.a.Patricia B.B.Chierchie j residing at 1510 E.Gillette Drive,East Marian,New York 11939 party of the first part,and J J^- Joseph D. LaVecchia and Leslie L.LaVecchia,tyg h LLsjz.,..d residing at 21 Kolbert Drive,Scarsdale, New York 10583 party of the second part, DIST1000 Wi INESSEfH,that the party of the first part,In consideration of Ten Dollars and other valuable consideration paid by the party of the second party,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the i party of the second part forever, SECT 017.00 ALL that Certain plot,piece or parcel of land,situate,lying and being at Orient,in the Town of Southold,County of Suffolk and State of New Yorke,bounded and described as fo ncvvw BL.K 02.00 BEGINNING at a point on the easterly site of a certain 30 foot right of way herein-after described,said point being the folowing three comes from the soultnvestedy curter of land of Jonathan Dwight Stem 1.South 83 degrees 59 minutes 40 seconds East,30.02 feet thence 2.North 4 degrees 12 minutes East,501.05 feet,thence I 3.North 58 degrees 00 minutes East,213.60 feet to said point of beginning; LOT 001.005 RUNNING THENCE along said 30 feet right of way,tvw courses: 1.North 8 degrees 33 minutes 50 seconds West 229.42 feet thence 2.North 82 degrees 13 minutes 30 seconds East 150.0 feet to land of Barbara Dow, THENCE along said land of Barbara Dow,South 7 degrees 46 minutes 30 seconds East,260.0 feet; I THENCE along other land of said Jonathan Dwight Stern,North 86 degrees 00 minutes weak 160.0 feet to the point of plaoe of BEGINNING. + 1 TOGETHER with a right of way in common with others 30 feet in width over land of Jonathan Dwight Stem from the nortillasterly norther of the prernises westerly and southterly to the stoultmesterly corner of land of Jonathan Dwight Stem the southerly and easterly lines of said right of way being described as follows: i BEGINNING at the rmrtheasttrty comer of to premises herein described and running the fodawing four courses: 1.South 82 degrees 13 minutes 30 seconds West,150.0 few thence 2.South 82 degrees 33 minutes 50 seconds Fast,229.42 feet thence 3.South 58 degrees 00 minutes Wort 213.60 feet thence, 4.South 4 degrees 12 minutes West 501.05 feet;the northerly and westerly fines of said right of way being 30 feet northerly and westerly of the ahove•desmt'bed southerly and easterly limes. Also with the right of way in common with others 33 feet h width a cining the westerly line of the most southerly course of the above-described 30 foot right of way for a distance of 25BA3 feet;and thence mut herty about 500 feet to Main Road. 4 j Also with the easement catveyed by Easement Agreement dated Ocher 2,1988 and recorded in the Suffok Cc^ae&s on October 24,1986 in Utter 10152 at page 522. Subject to the Covenarhts and Restrictions set forth in Uber 10637 at page 174.Subject to the covenants and ctielns and easements attached hereto and a record. 'MA/k/A 1 O F 16 k4 y f,ga. G SAID premises being commonly knave as,908 Private Road#2,Orient New York. I ' l BEING AND INTENDED TO BE the same premises as those conveyed to the grantor herein by deed dated April 18,1991 and j recorders in the Sutdk County CLWs Office on May 2,1991 in Uber 11256 at page 115. TOGETHER with all right,title and interest,if any,out the party of the first part in and to any sheets and roads abutting the above described premises to Coe curter lines thereof TOGETHER with the appurtenances and all the estate and rights of the party of f� the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part . RECEIVED j the heirs or successors and assigns of the parry of the second part forever. have benenc uct rt�in anyway whhnat covenants�ever,the party as,a firstpart moos nor done or Suffered anything whereby the said premises APR 4 2013 i AND the party of the first part in compliance with Section 13 of the Lien Law,covenants that the party of the first part will recelye tfte connsideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied trst for theBOARD OF APPEALS purpose of paying the oust of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for arty other purpose. The word"party'shall be construed as ii it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the fast part has duly executed thil d Pad the day and yeVIPA above written, In Presence of, /J Slevep J.N.Ch PatriciaMartin flda Patricia B.B.Chierchie, l STATE OF NEW YORK COUNTY OF SUFFOLK SS.: STATE O YORK,COUNTY OF SUFFOLK On the Iday of c 4°bM 2012, before me, the On the 16 day of p i2ebefore a undersigned, undersigned, personally appeared Steven J. N. Chien ie, personally ap ,personally known personally known to me of proved to me on the basis of to me or proved to me on the evidence to be satisfactory evidence to be the individual whose name is(are) the individual(s)whose na Is(are) bed to the within subscribed to the within instrument and acknowledged to me that Instrument and a ed to me that h,1' et'executed the helsheAhey executed the same In hislherAhelr capacity(les),and same in hits herflh ' res),that by hi sib rth ' signature(s} that by hislher1their signature on the instrument,the individual,or on the ins t,the indvidual(s),or the person u behalf of the person upon behalf of which the individual acted,executed the which ndWual(s)acted,executed the instrument, that instrument individual made such appearance before the undersig In elleyTi✓ (city-state). Notary ` Neat'Public.State of New Yak nay No.01ROW93109 raLWftd In SuIldk County Commission Expires May 27,20d STATE OF NEW YORK COUNTY OF SUFFOLK SS.: On the/� day of P6*, 2012, before me,the undersigned, personally appeared Patricia Martin�personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is(are)subscribed to the within instrument and acknowledged to me that helsheAhey executed the same In histherAheir capacity(tes), and that by SECTION 017.00 his/heritheir signature on the instrument, the • Mdual, or the person upon behalf of which th%ua!)Z� uted the BLOCK 02.00 instrument-k rC/x/r► /raMt . LOT 001.005 Notary ALAN ROSS NOTARY PUBUC,State of Newyork No.303393296 eoi,,micalo� 'i'aam° County of Suffolk 9/�'i�'°�3 Town of Southold BARGAIN AND SALE DEED with Covenant Against Grantor's Ads Steven J.N.Chierchie&Patricia Marlin RETURN BY MAIL TO: Wat Patricia B.B.Chierdhie The Law Offices of Harvey A.Arnoff 206 Roanoke Avenue TO Riverhead, New York 11901 Joseph D.LaVeochia&Leslie L.LaVeochia W3V _ RECEIVED APR 4 2013 BOARD OF APPEALS PLEASE TTPI_OR PRESS FIRMLY WHEN WRITING ON FORM FOR COUNTY USE INSTRUCTIONS(RPd www .orpsjft%.ny.us www.orps- b.ny.us ' E ONLY C1.SWIIS Coda,7 3 Now York Suds Depubnsnt of Taxation and Finance C2.Date Dead Recorded / V / Office of Real Property Tax Services , C7.Book / C4.Pope I Op I RP-5217 Red Property Trafshr Report(eI10) PROPERTY INFORMATION /Jn/r p_Q 1.�petpn •� (K-C [� e2 A/�I+ Q"� 1•�ir�lc�je dK.Q I i �APOWE 2.Buyer t7ch ea &Ts wicale whom Mum Tax BTls ars to be ant I BMne it od w that buyw address lot boltom d rarm) Addmo man NAW '"b7PUP I'iR zKow ♦Indkato the munlow at Asauawnt / (Only If pool ofa Famed Cheek asthey apply: . Rol parcel.trowmr.d on the deed L_,..—,—J d at Parcels OR❑1 Pen of a Forcer u.Fla-Ing Bawd rNn Sub&M AWvity Was ❑ s,Dead !B.SubBwwm Approval woe Required 1«Transfer Prop«ty x l �OR I I /C.ftrW Appr d tar SrlbdlrblOn wUk Nap PrpvNM El6trs1m" . r<� I i er _ e✓fin �. A/ . LnIT�TLODAR"Y1J71 1—TAi, a P4�,7c,j�a./p 7.Cheri the toe haloes which mew aematey describes ere use of the Property at Ike dmo of ssle•. Mick the bmoe boaw as Uray apply: &0ATA tlp Typd'w Cwd=b*M ❑ A Fmx7y Retdenbal E AGhcahheral I t:ennradty BerAw a.Ne.r—buchw w Vewn1 Lend O B 2«7 Feny RaWantisl F Cammudtl J Irrdtsi al 1OA Properly LnmtedwtM n Ap lawituroh Dihfd C Residential Vacant Land G Aprrtrtram K Pubac twwm I OIL Buyer rowhed a disclosure native I�Iq ❑ D Non•Resldentlal Vicars Lawl H ENedalmmml/Arrsnament L Forest that ller properly is Iran Ageainew tamp SALE wFORMA7)ON J / A puck one or mom of teals condtlaer as appllraba to transfer. 11.f.1eCantrael Oat. I , a[ /( A SW Babean iaWlw«Former Relatives �L6n .o H Sob BMwen Ralwm CwpaNs«PeNwsm Badness . C One per the Buyers Is also a Seller 1z Date of Sale l TrwWw 1 / / /l ll Btry.r«sorer le tbverruttntAgncy«ure9rtp lroNrnbn . ►.. ay' Tom E Deed Type not warmly or Bargain and Sae(Spodry Balm) F Sale ofFradlwW or Len than Fee Interest(Bps*Balaw) IL full Sal.Pace , /-,A�/ _ to Q 0 0 ) H BuWes la la Inch"In sale PrTmmhla Sgln aM Sale O.Eo . (Full Sale Prlw Is the toml ampad oak f«0n ppprry umv Personal pmpw .T• I Oth.r Unoswl Fallon ABecfins Bala Perna(Spody Bek w) ' This paymml may be In me rolm Of cash,other property«pwdt«the assupWn of aver mor7papw«caw odlpatlos.l WcessmundathenweMwhabdoyeramw#%. 14 Irdlraa tha vatw al person - 0 0 I propery,lncludod In the ads ASSESSMENT INFORMATION -Data should reflect the latest FkW Asw umrnl Roll and Tax BA /f 10..Nc dw nation Roll from Dom of tlensera Y.Ten Asoeud Value(of allpm.ota In ksn.4rlf 1e.Property Class -U 14 school arrlct Nam. S Or i e. I RECEIVED 70.Tu Nap IQon.ims)I Roll 1damRrr(a)(Broom than four.mach shoot wBh addld«W IOsn00er(s)) j Ire- /coo f I..18Ik 44 D ej I APR 4 2013 � seef- �J-Z.00 J I lhot Or1/ ���_ ` BOARD CERTIFICATION OF APPEALS I comp that od of 0.hum.1lrfarcan..■.trod s two fan o trtro sr.ar.et ter U.a..,-1=k...toda..rd r.aorl ors r u.r.r.d.a o.e th..wn.a er Der wmtrs 61Y owl I.N Mn1.coda.uhf..e ry M th.lleN.ler.I He..d l..r.e.ew r tier.r.ilq era - i./B I RE �m/l�/j.y BUYER CONTACT RIFORNATION . QA4•ru l' l/I_ (Etir ydnrntor WhbrN lard.rbjyw.LLC.wd.V._.-curl ewe Ibm).j era" •ewbawy>,w.rwtm iooVarweaswih W*oath.WSWw rmrwcorod. w �� .rerdrdapappnrhb perry.ne wrarerrerawrm.npedrw lMcwlr mrob.arrrtl. .f�Eve.y °"c/1:o 4ytl Pyiicir, rM'dr', 01C//*kj fain r%T *pooh.wen B BIGNATU P.R[ftle /r;e _ o I � usr^x�wc rwrwwL e:. ap.aus TOEgh <D q b/1 an d'��- I 338-6 r 7( J UYERdATTORNEY mrnrnrWo'N" A LQ�44 .r.eFrvww r erP111 cove " -1 a gS i tS/y Dr.� I /� I l�� I NEW YORK STATE per"10Mfi T"R RIGORt�oo COPY ReV'SionS 12-2<-97 W03-99 11-00 } +� N O9-11-00 7275IF00 ry 362'592 w 03-19-01 as n-01 10-17-02 N ISLAND APPLICANT'S PROPERTY (SCTM#: 1000-17-2-1.5) Mo 6o JOSEPHSON, NAPE, AND \--- INTERWELLEN PROPERTY "G 3.0A ./ 19 PARTNERS LLC PROPERTIES- 1 ,9A f 3q(c/ a a V (SCTM#: 1000-17.2-1.9,1.11, and 1.14) %� 62 'a ms MATASSONI AND VALENTINE PROPERTY R b 12A1 20A 11 ; a ` `+ 20 2A ,54 (SCTM#: 1000-17-2-1.2) 0 „A ----; 34A ��2z 14 3.2A 18 O rs 6 2.70, 31 2.OAC) mi ;° ' a. 21 Ziplcl l 1j5 w 131 14 • ® 2.4A(c) f 1 2 lY tl • 11 19 b -Q W 3.1 ,1Mc) 2 �7 12 5 .� "' c 28 m k 3 o a a" 3 ;,� 3g a �5 s6s 9 'A Y210 II 75 Z'4lc) o • L_ 17p + S.R 25 � r 6.1 au h / \ 11A 13s r Z` 14.3 (sIF) z to N N f it s 0 66 -�y RECEIVED = APR 4 2013 BOARD OF APPEALS \ j J 3w 112 y ,-,�„- _—„—— �.�.-oM�•=•� NOTICE r y COUNTY OF SUFFOLK © E 1� T�OF sourn0LO SECTION NO O 2 .ENN[R wva0 wNINTEWWCE.,NLTEMnoR.SI1LE OR Real Property Tax Service Agency Y �'� MLLAGE OF 7 G �o,.,- w +ems. w 21 z `w,��rc ——w—— ���a __pr__ nNe n ..vNu.T M.—ou 1.0n OF,wr EORrgN OF THE - County Canur Rry tdwd.N v 11907 017 E u --~--- Y -- --`-- �q`—_ • uorrt �u MRR'R S�FOLNCOUN M~,sr .ITEo M Oe. `^l>•ie`— ,ems SCKEiN iEEi N vam,s•o. �� �' o�au.——.+�'—— .3NfRWn!R WTN1Wr,MNTTEry PERW99,OR OF n,E y`l- >m IDO m A 023 OISTRICT rv0 ,800 D o.m.y. ZJ ^ o.r w� 12,�(aIw 17,w ••^�•• --- ••••o-"••� — — -- amauiro eo RFx MOOER WSEWCE.cErvcr P 132 �5 PROPERTY MAP UINcl ---_— --3-- CORVERNON MM Nr 31.J0„ -.,.. _ *-..-, �+--.ram....:�..... ....�m��•,. .. BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� ryOlO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 #it Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider COMM Southold,NY 11971 http://southoldtown.noithfork.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, APRIL 4, 2013 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, APRIL 4, 2013: 12:00 P.M. - LESLIE L. LaVECCHIA #6634 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's January 23, 2013 Notice of Disapproval based on an application for building permit for an accessory in ground swimming pool, at: 1) accessory in ground swimming pool is proposed in a location other than the code required rear yard, located at: 908 Private Road #2, (aka Birds Eye Road) Orient, NY. SCTM#1000-17-2-1.5 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 contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: March 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net March 11, 2013 Re: Town Code Chapter 55 —Public Notices for Thursday, April 4, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 18th: .Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 27th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 2, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. NOTICE OF HEARING The following application will be heard by the Southold Town E oard of Appeals at Town Hall , 53095 Main Road, Southold: 4AMEmm LAVECCHIAy. J . # 6634 SCTM # : I 000= 1 7=2= 1 m5 VARIANCE : LOCATION BEQUEST: IN -GROUND SWIMMING POOL DATE : THURS . , APRIL 4, 2013 12 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS r' SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS c� (Name of Applicants) SCTM Parcel# 1000- (-� —Z /, ,J�' COUNTY OF SUFFOLK 1 STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: ,J On the 2JD day of rvv�---i k ) 2013, 1 personally mailed at the United States Post Office in �, cl V v �% (,, 1ew York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) i Sworn to before me this 3hCday of�vq , 20 0 i (No&Pub 'c) i 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. i I i i r � ' • ' • w: j. EGEIPT ru Ie.I. Provided)cr Er .'' Ln Ln ro Y 1 A -� Postage $ $0.66 0934 —n Postage $ $0.66 nu Certified Fee C ru Certified Fee tL o $3.1U /T, a .10 � Return Receipt Fee d �� P Hen, C�j O Retum Receipt Fee Postmark C ti O (Endorsement Required) .55 Here_ _ O (Endorsement Required) $ .55 ( Here p Restricted Delivery Fee �� p Restricted Delivery Fee r" s' (Endorsement Required) ^;, / (Endorsement Required) 411 M Total Postage&Fees °'�1 ti . T 13 �� O Total Postage&Fees °31 03 2 'S�3 '� Sr-Ient To -erez ARtonioJr—an,j-AC1tlr�o sentro osep ohn Fi:'.V__�� �� n to orPt7eoxNo' San Rafael Ca 94903 i Zapf, Carolina N ________ _318 Holly Driveee1APto; 71 Ceni raf Park West Apt 9K - or PO Box No. city Siaie,zfa+4----------------------�---------------------------------1-----=----- ,-zi[ -------------New York;-NY'--=24'-----------------•-- P's Form,38001 August 2 1 006 See Reverse for Instructions P_��Form 3806W AugUst,2006 See Reverse fpr Instructions " • ■ • Er CERTIFIED N ! CEFITIPIED MAIL;r. RECEIPT Ir (Dofne$tip Mail only;No Insurano Co verage Provided) co Ln L CIO a U Postage $ $0.66 0 934 Postage $ $0.66 0934 n_I Certified Fee $3.10 �f�+�A�',;, ru Certified Fee $3.10 '";( E N C O av O Return Receipt Fee �- ,J. PO P O Endorsement Re wired Here Return Receipt Fee ? 0 ( q ) ' O (Endorsement Required) $2.5Here Restricted Delive Fee Restricted Dellve Fee r,t ,(Endorsement Required) ' ° ^7 M' O N F [� r Gl ?, j I r (Endorsement Required) f°('� VIC1 f O Total Postage&Fees $6.31 'l ' $' s/,�1`�i713 3/^0/ uI �/ t7°S1 of i � 0 Total Postage&Fees s r UW,-BaT 41 �,� a�t�assoni 'Vill a sent To p0 BOX 41 rl '� Sent To l t _s Valentina, Pamela Street,Apt.No.; - a _._ or PO Box No. brlent, 11�5� Street,Apt.No.; 7$ Logan Road or PO Box No. City,State,ZIP+4 •----- City State,Z/P+4-----------NM C9f1'a911-,-CtD684©--------------------- :�i :00 rr. See Reverse for Instructloa ' • CERTIFIED ■ ■ N3 .. y Ln co 61 .11 Postage $ Ot , s ' Ill Certified FeeIM Cl Retum Receipt Fee nc O (Endorsement Required) $�°�Restricted Delivery Fee(Endorsement Required) $�}°� M Total Postage&Fees $ $6.31 0-3/-0/2013 osephserrJ0' H. r-4 Sent To 211 Central Park W.Apt 9K Streef,Apt No:j------=----NeW YCrTc,-N 10624----------------- or PO Box No. ---------------------------------------------------------------------- City,State,Z/P+4 Ps Vdrm, :m August 2006 See Reverse for instructions TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING 16 (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, V ► (lI � residing at YJ New York, being duly sworn, depose and say that: On the '( day of V Y \t(lk , 201 �, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) —facing the street or facing each street or right-of-way entrance,* and that j I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) I Sworn to bef re me this 3�.-pay of NT� 1 , 201 3 (Not6y Public * near the entrance or driveway entrance of my property, as the area most visible to passerby. i • • 7&g'bure • • DELIVERY ■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. � A ent �`� ■ Print your name and address on the reverse am--- ❑Addressee so that we can return the card to you. Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Josephsen,Johm H. 211 Central Park W.Apt 9K New York, NY 10024 3. Service Type '[Certified Mail ❑,Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 2r[69 9hT9 2000 OZf10 TT0L (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt "� 102595-02-M-1540 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si ature item 4 if Restricted Delivery is desired. X ., ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you., B. Received by(Printed Name) C. Date of Delivery, ■ Attach this card to the back.of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No -Perez,Antonio Jr, and Anne 318 Holly Drive San Rafael, Ca 94903 3. Service Type Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - — - (rransfer from service labeo 7 011; 0 4 7 0; 0.0 0.2 6.14-8; 5 9 2 9 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 Shipping Sidekick- Compare Shipping Rated Save on UPS shipping rates. Save o-u,,,dEx shipping rate... Page 1 of 2 (1 friend wants to rebound with IRS Your,Headritaarters for Etrerything Ehtiaplrrg I � � you) AdChoices ID• ► USPS Tracking ► Delivery Tracking ► Post Office USPS ► Package Tracking U.S. Postal Service — 70110470000261485882 Lost package? 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Save Up To 80% On U iH1'"'' ShippingYour • • - Get Quotes» Shipping Sidekick Homepage Press Releases Compare Shipping Rates Advertise on Our Site Send Us an Email Privacy Policy Track Your Packages Link to Shipping Sidekick Copyright©2004-2013 Webplus,Inc.All other trademarks are properties of their owners.FedEx®service marks used by permission. http://www.shippingsidekick.com/tracking2.wml?shipper_O=usps&tracking_number 0=701104700002614... 4/1/2013 #11122 `J STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 2e day of March, 2013. rincipal Clerk this LEGAL NOTICE day of 2013. 11:15.A.M.-NICHOLAS and MARY — SOUTHOLD TOWN ANTONUCCI 116638 Request for Vari- ZONING BOARD OF APPEALS ante fromArticle 5N-M Sadttion 280124 THURSDAY APRIL 4,2013 I and the-Building iuspector's February PUBLIC HEARINGS 21, 2013 Notice of Disapproval based NOTICE IS HEREBY GIVEN,pur- on an application for building permit suant to Section 267 of the Town Law and for additions and alterations to existing Town Code.Chapter 280(Zoning),Town single family dwelling:1) less than the L of Southold,the following public hear- code required minimum front yard set- CHRISTINA VOLINSKI ings will be held.by the SOUTHOLD back of 35 feet located at:-7."70 Shipyard TOWN ZONING BOARD OF AP NOTARY PUBLIC-STATE OF NEW YORK "Lane (comer Laiindon Road) Southold, PEALS at the Town Hall;53095:Main No. 01 V06105050 NY SCTM#1000 64-4 20 Road, P.O. Box 4179,'Southold;'New 1200 PM LESLIE L LaV'EC- Qualified in Suffolk County York 11911-0959 :on XHURSDAY CIIFA #6634 Itequest for Variance APRIL4.2013: My Commisslon Expires February 28, 2016 930 A.M.-KIMOGENOR POINT " Min-,Article III Code Seetioii"280-15 INC (BINGHAM) - #6550` Re and th`e Building Inspector s'January 23, 3:00 PM.-JOHN SPIRO#6636 - O ened per Board Resolution. Based 2013 Notice of Aisapproval based on an quest,:for Variances from Article XXIII P R applkcahon for building�pemrit for an Section 280,124 and Article III Section on the Building'Inspectors March 5, the code required bulkhead setback of accessorya grannd swmuniiig pool,at: 75 feet,locate ?80-15.andthe.Biiilding Inspector's F.ebru- 2013 Notice of Disapproval based on - d at:3055 Wells Avenue work performed is beyoiid'the scope of 1) accessory in ground swimming.pool (adj. to?Jockey Creek) Southold, NY. arY 14,2013 Notice of Disapproval based the ZBA decision 1)"der med a`demoli- is proposed in a location otli'er.than the SCFM#1000-70-4-11 on an-application for building.permit for 4ion and construction of new'single fam- code required Tear.;yard located at:908 2:15 P.M. - RICHA'RD. additions and alterations to existing single Pnvate.Road#2,;aka Birds'E a Road FRIZZI ily dwelling,located at:50 Jackson Street ( Y ) family dwelling and to construct an acces- #6640-Request for Variances from Ar- (adj.to Great PeconieBax)New Suffolk, I Orrent NY SCTM#1 00 17-2 1.5 spry shed:1)less than the code required Q title XXIII Section 280-124 and Article NY SC'TM#1000-116 6-24.1 130 PM KATHERINE AN- } I Section 280-116B and the Build- rear yard setback of 50 feet for single fam- ,i DREADIS #6639= Request"for Vari- in Inspector's March 1,2013 Notice of fly dwelling,2)accessory shed proposed in 10:15 A.M. THOMAS SPURGE antes frgiri Alrticle XXIII'Seetion.280- g P #6615-Re-Opened er Board Resolu- I Disapproval "based on an a'heation location other than the code required rear " P 124 and Article III Section 280-15 and for building permit for construct on of a Yard,located at:340 Glenwood Road Cu- tion-.Request for Vanance from Article the Build in Ins.ectdr s 'Jams 22,, XXIII Section 28p 124 and the Bufldmg, g p tchogue,NY SCTM#1000-110 6 5 new single family dwelling:1)less than Inspectors October 12 2012 Updated 2013146"Lice of I5#sapproval based on an The Board of Appeals-will hear all application for building perinit.for con- the code required mininiumaingle,side March 5, 2013' Notice of Disapproval yard setback of 10 feet,2)less than the Persons or their,representatives,.desir- based on.an application for building per- structron.of a new,single family',•dwelling code required.minimum combined side ing to be heard at each hearing,and/or and accessory tq-ground swimming pool: desiring to submit written statements mit to demolish and construct new single 1)less than the cbde required minimum Yard setback of 25 feet,3).less than the family dwelling:l)"less,than the-code re- code required minimum rear yard set before the conclusion of each hearing. quired minimum rear yard setback of 35 .front yard setback of 35 feet;2)less than back of 35 feet,4) more than the code Each hearing will not start earlier than the code required minimum rear yard permitted maximum lot coverage of designated.above.Fille"s"are available for feet,located at:3145 Manhanset Avenue setback of 35 feet,3)more than the code 20°l0, 5) less than the code permitted review during regular,business hours Greenport,NY.SCTM#1000-43-1-7 permitted maximum lot coverage of and nor 6"the day,oLthe hearin If 10:45 A.M. - DOUGLAS C. and 0/°,4 accessory in-ground swimming bulkhead setback of-75"feet,located at: I p. Y g KATHLEEN M. FOLTS #6536 - Re- ) ry g g 680 Rabbit Lane(adj.to Gardiners Bay) i you have questions please contact our Opened per Board Resolution Re- j Pool proposed in a location other than " East.Marion,NY.SCTM#1000-31-18-15 office at; (631) 765=1809,.or by email: quest for Variance from Article XXII, the code required rear yard,located at: 2:40 P.M.- ROBERT and DEANA Vicki.Toth@Town.Southold ny.us. 300 Fiddler.Lane(corner Meadow Lane) FINORA#6642-Request for Variance Datedo-Maich 11,2013 • .; Code Section 280-116B and the Building Greenport NY SCTM#1000-36-2-10 Inspector's February 11,.2013,Notice of from Article III Code Section 280-15 ZONING BOARD.OFAPPEALS 1:50:P.M.=STEVEN and YVETI'E . LESLIE'KANES WEISMAN CHAIR- Disapproval based on.a building permit I and the Building Inspector's February application for demolitionand construc- EINCZIG#6637-RequesU'for Variance 15,2013 Notice of Disapproval based on PERSON Article_:XXII Section 280-116 (B) and BY:Vicki Toth lion than a new single family dwelling,at: the Building"Inspector's January 9,2013 st application for building, at:1) permit e con- 54375 Main Road(Office Location) less than the code required riprap set- striict accessory building,at:1)accessory back of 75 feet,located at:90 Oak Street Notice of Disapproval based on an ap- building is proposed in a location other 53095 Main Road(Mailing/USPS) Harbor Lane ad to East reek lit cation for building permit for demo- than the code required rear yard,located P.O.Box 0959 a/k/a Eugene's)Creek) Cutchogue,NY. single and reconstruction of.an existing at:165 Orchard Street New Suffolk,NY. Southold,NY 11971-0959 cr--rn,reinnn-116-1:sd single family dwelling at; 1)"less than SCTM#lonn-117-5-1� 11.122-1T3/28 Office Location: o� SQ��yDl Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 Q Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 February 14, 2013 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 # 6634 Owner/Applicant : LAVECCHIA, J. Action Requested: Accessory inground pool in front yard. Within 500 feet of: ( ) State or County Road . (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. O Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Les a K. W sma ZB h it rson By: Encls. Bennett Enterprises, LLC Consultant Land Planning Permits P.O. Box 386,Wading River, New York 11792 Tel. (631) 445-5907 Fax(631) 208-8165 April 11, 2013 Town of Southold Zoning Board of Appeals Town Annex/Firs Floor Capital One 54375 Main Road (at Youngs Avenue) Southold, New York 11971 RE: La Vecchia/908 Birdseye Road, Orient Case No 6634 April 4, 2013 Dear Chairperson Weisman and Board Members: As requested at the hearing, attached herewith please find 6 copies.of a drawing showing the proposed plantings to serve as a buffer for the proposed inground- pool. I am forwarding a copy of the drawing to David Dubin, counsel to the neighboring properties for his review and approval. Please schedule the continuation of the hearing for the next available date. If the next date is on a Thursday can you place us on the calendar for after 12:00p.m. Thank you, RECEIVED Jo Giglio Managing.Member APR 1 2013 BOARD OF APPEALS Enclosures BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson '�6QF sorry 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ,��. �O 54375 Main Road(at Youngs Avenue) Ken Schneider COU Southold,NY'11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 Fax(631)765-9064 April 19, 2013 Jodi_Giglio P.O. Box 386 Wading River,NY 11792 RE: ZBA Application#6634 - LaVecchia Dear Ms. Giglio: Transmitted for your records is.a-copy of.the Board's Apri1.18, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the.office. Vicki Toth Encl. Cc: Building Dept. I�aa — l � � - • � ISLAND40 pJ� M60 a ' l \ Yg. 3.OA na �..._� Gj 1"9 1.5 to i erae._.— `B�1Y aa�(c� g' Y,7� s Is 9�'$ j 1.9A . 62 :$ m 1.3A(c) - 15.3��:/err as <J 2 ,f 6 8 .I a m 1 2.OA 1.4A0cj 2'1 •6 6 - 1.9 - .p,�`15.1 �'.,. zoA °" lay m _ __\\' ,\ zo a �a cEa a.O 7-1 :i5.a \I ..s ( z.zA 14 •7` m �< 1 2�77:,;. _ 1.14 Y. 21.1A V A 3A w 11 m _ 20A1c) oo 21 VL xm 12.1 x13.1 14 ® 2.4A(c) . 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