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HomeMy WebLinkAbout7353 �13�3 �kbd�a9s�,n �f rner�d t�t+v k�lite- as ih-`¢2� 0- dSjaL-f3 +-D tt ZX45rhrtb wctl't 3 pib pondcQft C,s't3) vAll be noneonI6 5_ ax,sX3. Srk I�- Acelh D� �'1-�j�-, p�Qo�d 1� L Z �r�Ol bG ronLonf-ve t, r�UAs,r� a3em* W dcPfv+Dt A hu ze-«hiv�r dwc ti ff% ,n Ic�t-r s1610 &tll� r r4cW tallff, A-a-III Lcc 2fso-lit 1 A4xxii/ ice 7-W _��� 114 (dce javc &AA V��cmtidG�hra 0/oso-s � 53 CHECK BOXES AS COMPLETED ► ( ) Tape this form t ( ) Pull ZBA copy of 1 D n D ( ) Check file boxes Q0. 0 3 ( ) Assign next num' F " y outside of file fol �' y o � ( ) Date stamp entii m ,,�- o co c file number �' o v �, CD � x O ( ) Hole punch entii v -j 5 N = z o � wR o C:) _ (before sending '7' C 3 -4 Ck) CD 0 o rn -� Z3' o ( ) Create new indE o v� „ -< o Q ( ) Print contact int rn cin v m C ( ) CL Prepare transm r3 W w ° o o W � ( ) ,Send original ar m � to Town Clerk v ( ) Note inside file and tape to insi 0 ( ) Copy County Ta neighbors and i iD ( ) Make 7 copies ; ( ) Do mailing IabE W Cn W 01 i 5Id-1 I1� _ r1�. 73G.;, J �ar Fuentes, Kim From: pcmoore@mooreattys.com Sent: Friday, June 26, 2020 3:12 PM To: Fuentes, Kim; betsy@m'ooreattys.com Cc: Sakarellos, Elizabeth Subject: RE: #7353 Posillico Hi Kim- I am in the process of getting the Building Permit-(CO) for the as built portion of the house. There is a law suit Article 78) regarding the denial of the single & separate determination....so there,is no survey(combining the parcels) until the litigation is resolved.Otherwise, not sure what survey you need. Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com -------- Original Message -------- Subject: #7353 Posillico From: "Fuentes, Kim" <kimf@southoldtownny.gov> Date: Fri, June 26, 2020 3:00 pm To: "'Pat Moore (pcmoore@mooreattys.com)"' <pcmoore@mooreattys.com>, "'betsy@mooreattys.com"' <betsy@mooreattys.com> Cc: "Sakarellos, Elizabeth" <elizabeth.sakarellos@town.southold.ny.us> Hi Pat, A reminder, we are waiting for an updated survey, so we can distribute decision to the Building Department. Thank you. Kim E.Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex 5011 E-mail:kimf@southoldtownny.goov Mail to:P.O. Box 1179,Southold, NY 11971 i Fuentes, Kim From: Fuentes, Kim Sent: Friday, June 26, 2020 3:00 PM To: 'Pat Moore (pcmoore@moo reattys.com); 'betsy@mooreattys.com' Cc: Sakarellos, Elizabeth Subject: #7353 Posillico Attachments: 7353.pdf Hi Pat, A reminder, we are waiting for an updated survey, so we can distribute decision to the Building Department. Thank you. Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold,IVY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownny.gov Mail to:P.O. Box 1179, Southold, IVY 11971 1 BOARD MEMBERS ��®F s®�/J�o® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes a� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �c®u ,� Southold,NY 11971 http://southoldtownny.gov O. Q, ➢,,,� ���O��A� ZONING BOARD OF APPEALS a V 'F`E"B� 2 6 2020 r r"► TOWN OF SOUTHOLD � �lQ Tel.(631)765-1809•Fax(631)765-9064 C S®u ®Id T® FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20, 2020 ZBA FILE: 47353 NAME OF APPLICANT: Vincenzo And Margherita Posillico PROPERTY LOCATION: 650 West Road& 719 Southern Cross Road, Cutchogue,NY SCTM's: 1000-110-5-42 & 1000-110-5-43 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. 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 October 8, 2019 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 to review under Chapter 268. TOWN OF SOUTHOLD, PLANNING BOARD: This application was referred to the Planning Board for review and comments. In a memorandum dated December 20, 2019, the Planning Board recommended denying the application based upon the potential for cumulative adverse impacts to traffic, water quality and water quantity. This recommendation is due to the precedent this would set of granting large area variances for small lots that could affect neighborhoods in at least 18 other areas in the Town, from Laurel to East Marion. The Planning Board opined that setting this precedent is not consistent with the Town's Comprehensive Plan. The Planning Board noted that based on the surveys submitted, the proposed lot areas and percentage of variances requested are shown below: • Proposed Lot#2 South(SCTM: 110-5-42) Lot Area Proposed=23,054 square feet Required=40,000 square feet Area Variance=42% • Proposed Lot#1 North (SCTM: 110-5-43) Lot Area Proposed=22,822 square feet Required=40,000 square feet Area Variance=43% Page 12, January 23,2020 #7353,Posillico—Area Variance SCTM No. 1000-110-5-42&43 The Planning Board went on to state that based on the calculations above, both proposed parcels would require substantial area variances. The R-40 Zoning District also requires a lot depth of 175 feet. Currently, lot depth is shown at 125 feet on parcels 42 & 43, and would require a 28% area variance. As proposed, the application does not meet the lot depth requirements or lot area requirements of the bulk schedule on parcels 42 &43. The Planning Board also noted that the Town's Comprehensive Plan, which currently consists of several plans including the Local Waterfront Revitalization plan as well as the Town Code, identifies the Resdential-40 Zoning District as having a minimum lot size of 40,000 square feet. The Planning Board recognized that many parcels in the subject neighborhood are pre-existing, non-conforming with regard to the lot dimensions and setbacks. Ultimately however, the Planning Board determined that applying a zoning district with a larger minimum lot size was intentional on the part of the legislative body of the Town in order to reduce the impacts that come from overly dense development over time; which is the main goal of the merger law that requires that undersized parcels merge when held in the same ownership. Finally, the Planning Board concluded that 1) granting substantial area variances to unmerge lots using the rationale that the other lots in the neighborhood are small would undermine the zoning in all areas where there are smaller lots, 2) there are likely a larger number of merged lots in the Town and if the precedent is set by granting this variance, then more applications will come in to divide properties using substantial variances, resulting in an increase in the future buildout, 3) an increase in the Town's future buildout will have adverse effects on the Town over time, and that 4) the adverse effects would include an increase in traffic, and a strain on the water supply, as well as increasing the pollution of our drinking water and bays and creeks by adding more septic systems. The ZBA acknowledges that much of the Planning Board's comments are logically directed toward Town wide impacts to increased residential density, while the Board of Appeals must address standards specifically related to the merits of each individual area variance application within the context of a site-specific neighborhood. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming 23,054 square feet, 0.53 acre irregular- shaped, unimproved lot located in the R-40 Zoning District known as Lot #2 (650 West Road, Cutchogue NY / SCTM: 1000-110-5-42) measures 15.97 feet then 165.35 feet, then 12.10 feet along West Road, then runs north 125 feet along a residentially developed lot to the west, then runs east 90.95 feet and continues 90 feet along a residentially developed lot to the north also owned by the applicant and subject of this Variance Request known as Lot #1 (719 Southern Cross Road, Cutchogue, NY / SCTM: 1000-110-5-43) then runs south 125.22 feet along a neighboring, residentially developed lot to the east. The subject, non-conforming 22,822 square feet, 0.52 acre irregular-shaped, improved lot located in the R-40 Zoning District known as Lot#1 measures 90 feet and continues 90.95 feet along a residentially developed lot to the south also owned by the applicant and subject of this Variance Request known as Lot #2, then continues north 125 feet along a residentially developed lot to the west, then runs east 85.22 feet, turns 15.21 feet south, then continues east 84 feet along two residentially developed lots to the north, then runs south 125 feet along a fourth, neighboring, residentially developed lot to the east. Lot #1 is improved with a one- and two-story single family residence with attached deck, roof terrace, stepping stone paths, slate patio, outdoor shower,trellis over brick path and accessory shed, all accessed by a 15 feet wide Right-Of-Way to/from Southern Cross Road over the lot to the northwest. Lot#2 is unimproved, as show on the survey prepared by John Minto, Land Surveyor and dated June 12, 2019. BASIS OF APPLICATION: Request for Variances from Article III Section 280-14; Article XXIII, Section 280- 124; and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Disapproval based on an application for a two lot subdivision of merged lots, and to legalize "as built" additions and alterations to an existing single family dwelling; at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; 2) both proposed lots will be less than the code required minimum lot depth of 175 feet; 3)"as built" additions to the dwelling on Lot 1 is located less than the code required rear yard setback of 50 feet; 4)"as built" Page 13,January 23,2020 #7353,Posillico—Area Variance SCTM No. 1000-110-5-42&43 additions to the dwelling is located less than the code required side yard setback of 15 feet, at: 650 West Road & 719 Southern Cross Road, Cutchogue,NY. SCTM#'s1000-110-5-42 & 1000-110-5-43. RELIEF REQUESTED: The applicant requests four variances to re-create two previously approved residential building lots that were legally merged where Lot#I will have a total lot area of 23,054 feet where the code requires a minimum of 40,000 square feet, a lot depth of 125 feet where the code requires a minimum of 175 feet, where Lot #2 will have a lot area of 22,822 square feet where the code requires a minimum of 40,000 square feet, a lot depth of 125 feet where the code requires a minimum of 175 feet; and two variances where `as built' improvements including a frame and stone deck on Lot #1 have a rear yard setback of 27.8 feet where the code requires a minimum of 50 feet and where `as built' improvements including a sunroom with roof terrace on Lot #1 have a side yard setback of 11 feet where the code requires a minimum of 15 feet. ADDITIONAL INFORMATION: A prior ZBA application, File#5820, was denied in 2006 for Waiver of Merger. Town of Southold Planning Board approval is required for this subdivision. Timeline and Applicable Certificates of Occupancy: 1962 W. Harry Lister granted permission by ZBA to use property as a separate lot accessed via a Right of Way 1973 Minimum lot size was increased to 40,000 square feet 1976 Certificate of Occupancy#Z-7089 issued for one-family dwelling 1983 Town of Southold enacted the merger law 1989 Pre-Certificate of Occupancy#Z-18212 issued for one-family dwelling 1990 Certificate of Occupancy#Z-18735 issued for a second story addition to an existing one-family dwelling 2000 Then co-owner,Kathleen Fraleigh, becomes sole owner by death of her brother and lots merge by law 2006 Kathleen Fraleigh is denied a Waiver of Merger 2006 Kathleen Fraleigh records title to lot#2 in contravention of zoning 2007 Town of Southold Merger Law amended to include Exemption by Death 2017 Kathleen Fraleigh sells the merged lot to the Posillico's (current applicant) under separate title who presumably knew of the Waiver of Merger denial in 2006 2019 Application for re-subdivision for previously merged lots along with request for area variance relief for `as built' improvements Opened as an independent hearing, the applicant also applied for and was heard immediately prior to this application for a Code Interpretation under file 47352 requesting that a 2007 addition to the Waiver of Merger law allowing an exemption by death be applied retroactively. Several neighbors spoke at the public hearing or wrote letters against the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 2, 2020 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 and makes the following findings: 1. Town Law W7-b(3)(b)(1). Grant of the four variances relative to the subdivision of Lots 1 & 2 will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Southern Cross and West Roads, along with adjacent streets, are densely populated with homes developed on varying lot sizes in a natural rolling, woodland environment and open space is limited. Since 2000 the subject lots have been merged by Page 14, January 23,2020 #7353,Posillico—Area Variance SCTM No. 1000-110-5-42&43 law. This merger was further enforced in 2006 by a denial in the prior owner's application for a Waiver of Merger. Furthermore, while many developed lots in the neighborhood are smaller, most were created and developed prior to current zoning. The purpose of the R-40 Zoning District is to maintain a minimum lot size for the benefit of the community at large where density is greater and allowing for the protection of the environment and for the benefit of light and natural ventilation. Grant of the two variances for the rear yard and side yard setback will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most residences in the vicinity were built prior to current zoning and many area homes have pre-existing conditions. Southern Cross and West Roads along with adjacent streets are densely developed with homes of varying styles, sizes and age. The `as built' addition of a sunroom with roof terrace with a non-code conforming side yard and the frame and stone deck with a less than code conforming rear yard setback are mitigated by the mature plantings on the property along the western lot line and the open `rear' yard that runs south over 150 feet to West Road, where a recently planted, well landscaped buffer exists. Furthermore, the 2"d story addition, covered by a Certificate of Occupancy issued in 1990 was clearly built over existing conditions at the first-floor level. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Relative to the subdivision, a total of four area variances are required for lot area and lot depth in order achieve two legal residential building lots; moreover, two area variances are required to legalize `as built' improvements to the existing residence where it is presumed the Town of Southold Building Department was aware of the condition of the primary residential floor since Certificate of Occupancy #Z-18735 was issued in 1990 for the second story addition. It is only logical to assume that the footprint of habitable area below the addition existed at this time. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 43% relief from the code relative to lot area for Lot#1; 42% relief from the code for lot area for Lot#2; 28% relief from the code relative to lot depth for each Lot #1 and Lot#2; 26.6% relief from the code relative to a single side yard setback and 44.4% relief from the code relative to rear yard setback. While Lots#1 &2 previously existed as part of an approved subdivision, the lots were legally merged in 2006. However, the `as built' conditions most likely existed at the time the Certificate of Occupancy for the 2nd floor addition was issued in 1990. 4. Town Law §267-b(3)(b)(4). Evidence has been submitted establishing, to the Board's satisfaction, that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Town of Southold Planning Board indicates the potential for cumulative adverse impacts to traffic, water quality and water quantity. This recommendation is due to the precedent this subdivision would set of granting large area variances for small lots that could affect multiple neighborhoods and in setting this precedent it is not consistent with the Town's Comprehensive Plan. 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 including constructive knowledge of the denial of the Waiver of Merger issued in 2006. 6. Town Law §267-b. Grant of the requested relief for lot area and lot depth variances is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a subdivision and Grant of the requested relief for side yard and rear yard setback variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded, as built residential sunroom with roof terrace and deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 4 Page 5,January 23,2020 #7353, Posillico—Area Variance SCTM No. 1000-110-5-42&43 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Lehnert, and duly carried,to DENY the variances as applied for relative to the lot area and depth of a proposed two lot subdivision and to GRANT the variance as applied for relative to a side yard setback of 11 feet for as built construction and shown on the survey prepared by John Minto, Land Surveyor last revised June 12, 2019. Rear yard setback relief will not be required since this decision precludes the creation of the proposed subject lots. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s) and submit same to the Office of the Zoning Board of Appeals within three months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 3. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained 4. At the discretion of the Board of Appeals, failure to comply with the above conditions may render this decision null and void. 5. In the event the existing house is substantially enlarged by 50% of the value of the structure or greater or demolished, any new residential structure is to be built in a conforming location. 6. In the event of a substantial enlargement or demolition of the residential structure as defined in Condition #5, the subject right of way from Southern Cross Road is to be extinguished by the beneficiary and driveway access is to be created from West Road to the new structure which is to be located within the lot at a conforming location. 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 tinder 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. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met, and failure to comply therewith will render this approval null and void. 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been Page 16,January 23,2020 #7353,Posillico—Area Variance SCTM No. 1000-110-5-42&43 procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes, Planamento and Lehnert(4-0) (Member Acampora Absent) � 1 Leslie Kanes Weisman, Chairperson Approved for filing 04,2� /2020 BOARD MEMBERS Southold Town Hall Leslie Kanes;Weisman_,Chairperson ��OF SO(/ryO 53095 Main Road•P.O.Box 1179 h0 !O Southold,-NY 11971-09.59 - Patricia Acampora Office Location: Eric Dantes - CA Town Annex/First Floor, ellRobert Lehnert;Jr. � 54375 Main Road(at Youngs Avenue) Nicholas Planamento', oUm Southold,NY 11971,-- http://southoldtownny.gov " - ZONING BOARD OF APPEALS TOWN OE SOUTHOLD ; Tel.(631)765-1809 4 Fax-(631)765-9064' January 21, 2021 - Patrici -Mo ore ; Attorney at Lave '51020 Main Road Southold;NY 1197-1 RE: Request fo `Ekten"sio = - App'e'alNo: 73'53,Tbs Mico 650 V�es Road&,719 SoutfieriiCross Road,Cutcliog-e" _ +°SCT1VI:hTo:-1000-110=5-4 &":43 -bear'Mrs:Moore; _• _ = s-� tls for.4 - coTres ondericen=d`atetl-Janus' �=7 l�`'2'021-`=re-`•uestinan-ex th`ree•(3)mon -. receve�l,you"r p ,. rX_ �. ,,.. q ,g- your client to`coYiiplywcwh`the'Zoriing,Boar'd'of Appe l's;'(nA),condition'(#2)rdgitiring tliaf,flie,applicant ` ''TDeP` ce thegfiienf'. n our-letiteryou-ekpla rithalsinatebOcc pancyfam' ieUtairaCerrifcf C0vid-19 shutdoWti had occurred,tihe.bixilding.prmit p'roce'ss was unavoidably delayed.''' _ During the January 21,, 2021°Regular 1Vleeting;the Zoning Board of"Appeals ---on' your.retli est''and'; granted dour extension"for'three(3)mbntlis;from the'c(ate of this,letter and to e-kpi'r_e'or •April,21;`202`1_to comply tvitli.the_'aforeineritiond- condition., l~eel free,to'cointa&oursoffice_if•y0u have any-fUiiher questions or'concerns: l,will instrl�ct he_office`to-serid: a copy of this'letter_with'your request to the 8uil'dY19 D'epartinerit. cer y, esfie-Karies Weisman _ 'Chairperson cc:,Building Department _` j l_ - c- Patricia C. Moore Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765- 4643 Betsy Perkins Paralegal Julia Spanburgh RECEIVED Julia Schade JAN _ � �h y January 11, 2021 Leslie Weisman, Chair ZOnfn Zoning Board of Appeals oard °��pn��ls Town Hall Annex Building 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Re: Appeal#7353,January 23, 2020 Vincent&Margherita Posillico Extension of time for CO. Dear Ms. Weisman: Condition#2 of the ZBA decision required a Certificate of Occupancy for the"as built" additions of the existing house to be obtained within 3 months of the decision. My client began the process of having the construction drawings prepared. COVID-19 shutdown occurred and the building permit process was unavoidably delayed. The building permit and electrical permit were filed and issued, inspections completed, and the owner has requested the Certificate of Occupancy to close out the permit. The building department has requested that we obtain an extension of the ZBA condition#2 since the CO could not be obtained within 3 months of the decision. Please forward to us and the building department an extension so that the Building Department will issue the CO. Thank you. Very trul ours, Patricia C. Moore Cc:Building Department OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �pF S0(/jP.O.Box 1179 1 1 iUY 54375 State Route 25 ��� QlO Southold, NY 11971 L r.Main Rd. &Youngs Ave.) J�[ � Telephone: 631 765-1938 Southold,NY www.southoldtownny.gov IT RECEIVED��� PLANNING BOARD OFFICE DEC 2 0 2019 TOWN OF SOUTHOLD Zoning Board Of Appeals MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board 01A Date: December 20, 2019 Re: Request for Comments for Posillico Lot Area Variance SCTM#1000-1 T0.-5-42-&43 ZBA#: 7352 & 7353 .The Planning Board has reviewed your request for comments regarding the above- referenced file. On the issue of the interpretation, this is outside the purview of the Planning Board and no comments are offered. On the issue of the lot area variances, if the Zoning Board's finds that the lots are still merged the Planning Board recommends denying the substantial-lot area variances. This recommendation is due to the precedent this would set of granting large area variances for small lots that could affect neighborhoods in many other areas in the Town. Setting this precedent is not consistent with the Town's Comprehensive Plan, and has the potential for cumulative adverse impacts to traffic, water quality and water quantity. Based on the surveys submitted, the proposed lot areas and percentage of variances requested are shown below: • SCTM#: 1000-110.-5-42 Proposed Lot Area = 23,054 sq. ft. Required = 40,000 sq. ft. o Area Variance = 42% Southold Town Planning Bo<,�cPage 12 - December 20, 2019 RECEIVED_ • SCTM#: 1000-110.-5-43 -7?js Proposed Lot Area = 22,822 sq. ft. DEC 20279 Required = 40,000 sq. ft. Zoning Board Of Appeals o Area Variance = 43% As shown by the calculations above, both proposed parcels would require substantial area variances. The R-40 Zoning District also requires a lot depth of 175'. Currently, lot depth is shown at 125' on parcels 42 &43, and would require a 28% area variance. As proposed, the application does not meet the lot depth requirements or lot area requirements of the bulk schedule on parcels 42 & 43. The Town's Comprehensive Plan, which currently consists of several plans including the Local Waterfront Revitalization Plan as well as the Town Code, identifies the Residential-40 Zoning District as having a minimum lot size of 40,000 square feet. Many parcels in the subject neighborhood are pre-existing, non-conforming with regard to the lot dimensions and setbacks in the Town Code. Applying a zoning district with a larger minimum lot size was intentional on the part of the legislative body of the Town, and has been common practice to reduce the impacts that come from overly dense development over time. This is the main goal of the merger law that requires that undersize parcels merge when held in the same ownership. Granting substantial area variances to unmerge lots using the rationale that the other lots in the neighborhood are small would undermine the zoning in all the areas where there are smaller lots. There are likely a larger number of merged lots in the Town. If the precedent is set by granting this variance, the concern is that more applications will come in to divide properties using substantial variances, resulting in an increase in the future buildout. And an increase in the Town's future buildout will have adverse effects on the Town over time. The adverse effects would include an increase in traffic, and a strain on the water supply, as well as increasing the pollution of our drinking water and bays and creeks by adding more septic systems. Thank you for this opportunity to provide comments, and please feel free to contact the Planning office with any questions. �D r�4 q�,� I- 1� UOUNTY OF SUFFOLK ilers RECEIVED OCT 1 2919 OFFICE OF THE COUNTY EXECUTIVE • Zoning Board�Of Appeals Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department`of Acting Commissioner Economic Development and Planning October 8, 2019 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 i Attn: Leslie Weisman 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 Posillico, Vincent #7353 1605 OSYL, LLC #7355 ic­ Swing, Robert #7356 _�--Arcara, John #7357 Very truly yours, Sarah Lansdale Director of Planning 1<0 Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 UNAUTHORIZED ALTERATION OR ADDITION Note: ALL SUBSURFACE STRUCTURES; Site: 719 Southern Cross Road, Cutchogue, NY 11935 TO THIS SURVEY IS A VIOLATION OF WATER SUPPLY, SANITARY SYSTEMS, a JMM ace er JM SECTION 7209 OF THE NEW YORK STATE DRAINAGE, DRYWELLS AND UTILITIES, EDUCATION LAW. SHOWN ARE FROM FIELD OBSERVATIONSof RE COPIES OF THIS SURVEY MAP NOT BEARING AND OR DATA OBTAINED FROM OTHERS. OW W WE March 2017 THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED THE EXISTENCE OF RIGHTS OF WAY O rya Np 17\WestRoadCutchogue TO BE A VALID TRUE COPY. AND/OR EASEMENTS OF RECORD IF a GUARANTEES INDICATED HEREON SHALL RUN ANY, NOT SHOWN ARE NOT GUARANTEED.ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND kc•Leo LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- 986�® 9 8 6 R TUTION. GUARANTEES ARE NOT TRANSFERABLE. SOUTHERN V1` � �A D S � RECEIVED 724,97 tie N driveway AUG 2 2 2019 n I e`� t 4z � Zoning Board Of Appeals 70 1 z 0 z o > i °rnewaY z -mooo r, 'i � z z f� � 1C_ � 10 � � 000yfTl m ren o 15.00' � '.70 o CID � 15 wide = CD Right—of—Way z CD -� —< CD CD O rn ; 7_00 T' S70022100 11W o C--> z55.22' C/') -' n -----------o i = W r 1 42.0' o 0 3 2 — O chain link fence OAA �l � ' _ �4.00 S70022'00"W V x monument ti x I y asphalt O drPoewoy �� trellis over '= walk rtl 83' a x ti o tanks \, x 10.1 shed --_--- \ Jo shower ------ v 2nd story X Frame X C. deck above J2' Residence24.a' I 1 story or z Q � 't area {��2 story G7 x area AREA = 22� . .822 SQ €T 141' %� N � � I o�----- / 141, _ z x steps 9.5' 0 17.4 � o O.52 ACRES stepping ^ frame&stone deck —' 17.1' - .70 ---- steps Fn z 00 x stone walk / 291'\ o O 7 - (.n x , stepping ZrG 9�- 70 U i stone walk W 0 0 O� 70 O :_;C!_ % P' stone/ O Dr�l ' �patio _ rG x concrete cover 0 CD I N69°4T20"F 90.95' N6903750"F 90.00 fe.end o 03s o z LOW Cf o x LAND NOW OR FORMERLY OF 10 KATHLEEN FRALEIGH Survey of Property situate at Cutchogue Town of Southold LAND SURVEYING Suffolk County, New York Mintoville@aol.com Tax Map #1000-110-5-43 SUBDIVISIONS TITLE & MORTGAGE SURVEYS Scale 1 "= 30' March 1 , 2017 TOPOGRAPHIC SURVEYS LAND PLANNERS Up—date June 12, 2019 SITE PLANS GRAPHIC SCALE JOHN MINTO, L.S. PHONE: 631 724-4832 LICENSED PROFESSIONAL LAND SURVEYOR PHONE: ( 30 0 15 30 60 120 NEW YORK STATE LIC. NO. 49866 FAX: (631) 724-5455 93 SMITHTOWN BOULEVARD SMITHTOWN, N.Y. 11787 ( IN FEET ) 1 inch = 30 ft. Note: ALL SUBSURFACE STRUCTURES; WNW JMM cerm ay JM WATERSUPPLY, SANITARY SYSTEMS, UNAUTHORIZED ALTERATION OR ADDITION DRAINAGE, DRYWELLS AND UTILITIES, TO THIS SURVEY IS A VIOLATION OF SHO N ARE FROM FIELD OBSERVATIONS SECTION 7209 OF THE NEW YORK STATE OOREDATE AUGUST 2019 AND DR DATA OBTAINED FROM OTHERS. EDUCATION LAW. ww%W, 17\WestRoadCutchogue THE EXISTENCE OF RIGHTS OF WAY COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR AND/OR EASEMENTS OF RECORD IF EMBOSSED SEAL SHALL NOT BE CONSIDERED ANY, NOT SHOWN ARE NOT GUARANTEED. TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— �RN GROSS TUTION. GUARANTEES ARE NOT TRANSFERABLE. SOUT�I -," r- '7��j 724.97 tie c,n RECEIVED t ; drNew� m AUG 22209 a 1 o Zoning Board Of f ppeals o z a i drrveWO� � e7 o O Z CD CD Z'T7 Ln c— —n C:) drrvewnYr-n ? � 0 0 15.00' CD t 15 wide oz zo a Right-of-Way z off' 0 0 � � T, 570022'00"W m o z 'L -------------- 85.22' cn � w w �. 42.0' N o C5 4C= I W —� --r-1 chain link fence 0.4 pole �°+� " 84.00' 570°22'00"W I monument y x h.5 , 0 1 w " O y asphalt . �, C X ddvewoy �� trellis over v m 1 ` walk o > o tanks ' shed =-- \ 20,1' X shop - I 4 2nd story o >< Frame ce /derk above 31' x Reside 24.a o I Residence I stn 11 °?' p 'i Oreo ry__`;X5.2 story w G') CD z Site: 719 Southem Cross Road, Cutchogue, NY 11935 I . _ m a >< 24.7'\ : i! 14.1 p o z Tax Map #1000-110-5-43 steps 1i.a o CZ) Z xCD AREA 22,822 50. . steppfn frame&stone deck 9� 17.1' 4 zO O " stone alk ?9.1\ steps m o x 0.52 ACRES stepping W stone walk O CD N /pato\ concrete cover O 0 0 I N69047207 90.95' N690375011F 90.00' fe.end 0.3's Z •' 1A'W Site: 650 West Road, Cutchogue, NY 11935 N x Tax Map #1000-110-5-42 a l o Cil AIR LEA = 23,05_r 50.FT. ° m 1 0 0.53 ACRES o —"� 0.1 0.5,w Ste C1'1 TOTAL AREA = -r5,876 50.9. L.05 ACRES Ln 1 - mow' to.end 22 N 0.5'W fe,end TIE 568.20' 1 ' 0.2's (65.35569°32'00"W 50.00' f2.f0' water O monument 565022100"W m0er asphalt edge of pavement WIST ROA S68°40'00"W DEED 15.40' ispholt pavement ACT.15.97 Survey of Property situate at Cutchogue Town of Southold �rra o Suffolk County, New York LAND SURVEYING , " Mintoville@aol.com SUBDIVISIONS f:y 80c' fes 'Tax Map #1000- 110-5-42 & 43 ' Scale 1 = 30 March 1 2017 .. . -'''� TITLE & MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS LAND PLANNERS U p-date June 12, 2019 SITE PLANS GRAPHIC SCALE 30 0 15 30 60 120 JOHN MINTO, L.S. n....J LICENSED PROFESSIONAL LAND SURVEYOR PHONE: (631) 724-4832 NEW YORK STATE LIC. NO. 49866 FAX: (631) 724-5455 93 SMITHTOWN BOULEVARD SMITHTOWN, N.Y. 11787 IN FEET 1 inch = 30 ft. SUR\/EY - OF PROPL. -1-TY '51TUATF:. CUTCH06UE N TONIN: 50UTHOLD 5UFFOLK COUNTY, NY W E SURVEYED: OGTOBER 25, 200-7 I RECEIVED S SUFFOLK ,000NTY TAX # ��\y OF X000 - no - 5 - 42 AUG 222019 r 0fFOSa�\q� 9 CMTEFM D TO: aid Ka¢]deeaIFIleng1m Zoning Board Of Appeals \' �O P 9 05 C\ -�o 0 1 ; C9r�d 61-11 IS, O �J o L 1 0�7-9 2 � O \\�i�\ 0 9 o O Vy rl i ✓�m \\� h 5 \ 9 f \° Jeme� ®� \ 0�®9 t NOTES: MONUMENT FOUND ^=i. } um tho lied el eretl�n a eeaitbn to a 1x ey '1 f.'fid. �� ^'l`:/ lld 1. �vbbtlm or taectbn 120V,:=-.I bdlvl fon]�ol�t6e Area = 25,012 Sq. Ft. - v�\ \\� �, � �'�' •- a s �° New Yaktete taw r O y _ t '' y�,('M kae Ntn o,orgunl of t�e fond wrvoyor9 Area = 0.5283 Acres P i( : E I 4t -10 11 from b o<I Nol m w y j', \" 1 den ce remberea w bo \ ti C. s na'nY ee tvvauene emo ee ne eon a IAy"t we PROPERLY ZONE R-40 `�� � �—�' S ey rm preporee h aeeareu+ce Ntn the ex- r }•, �� -- ,`7, bcbiy coed of P>ractke ror t�5wwoys oth. }�^ Z` .! bJ the New York Stole Aewcbtbn oP Preleeefonal �1'n�S- Y ri �l�. , Lane Sweyore Sob cerlllieotbns dell run a<uy . ly:.�n t'ny��„�_-„"'� to rhe porxm Por Nem tte away n prapwee, FLOOD ZONE X N the oe, P the b,atltution.GertlFlw- tfore ore rot tromleroble to odeltiorol MtiWtlore JOHN C. EHLERS LAND SURVEYOR GRAPH I G SGALE I"= 30' 6 EAST AMAIN STREET N.Y.S.LIC.NO.50202 RWERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.—\\Compagserver\pros\07\07-220.pro \ \ VBA 90.95' ------------ \ VINCENT BENIC ARCHITECT 90.00 --. ----•---- \ PO Box 92,Southold W 11971 ___ •--' wwwvbarch com PA tO ON \ Issued/Revision \ N GRADE C \ \ ce W \ \ \ FRANEAND �\ N \ STONE-DECK \ - rs RECEWED \ } \ 17 � _,�„ •2 STORY AUG 2 2 20 t9 \ FRAME \\ Drawings&specifications as Instruments of professional service HOUSE are,and shall remain,the property of VINCENT BENIC - \ ARCHITECT No reproduction,m whole or in part,shall be made IJ\ _ without the written authorization of VINCENT BENIC ARCHITECT t1t\ \ This document is Intended solely for the construction of the •O; \ project named herein and shall not be used by any other parties Zoning Board ®f Appeals \ \ forany other construction without the written consent of \ VINCENT BENIC ARCHITECT \ SHED \ PARKING \ \ \ ZONING ANALYSIS SQ.FT. \ A LOT AREA 22822 a BUILDING AREA \ 84.00r EXISTING RESIDENCE 1,322 �—.--.-------• --.— — \ --.----— 708 �. ------------ 85.22' B TOTAL BUILDING AREA 2,030 PERMITTED LOT COVERAGE 20% PROPOSED LOT COVERAGE(BIA) 9% G1 s,A �c veg 4 / VB Proil 37 2 m D 0 W y Cie VB 1 YORK N Vinci Benlc AIA, NYS#014683 NORTH Project � 719 Southern Cross Rd. ��SS Residence C Cutchogue,NY 11935 V �V Drawing Title Z:) SITE PLAN Drawing Number SP- 001 r VBA VINCENT BENIC ARCHITECT PO Box 92,Southold n 11971 .OPV/J www vbarch com Issued/ReAslon RECEIVED AUG 2 2 2019 17 1' 29 1' Zonln* iB ar Of Appeals --- ---------- ' --------------- } ZONING ANALYSIS f 36"RAILING SQ.FT Drawings&specifications as Instruments of professional service are,and shall remain,the property of VINCENT BENIC A LOT AREA 22822 ARCHITECT. No reproduction,In whole or In part,shall be made without the written authorization of VINCENT BENIC ARCHrrECr o This document is Intended solely for the construction of the o project named herein and shall not be used by any other parties T BUILDING AREA for any other construction without the written consent of } EXISTING RESIDENCE 1,322 VINCENT BENIC ARCHITECT r i ti 708 ----------- RAISED FRAME ANDDN uu STONE DECK: 708 SQ. FT. B TOTAL BUILDING AREA 2 030 0 o O PERMITTED LOT COVERAGE 20% ALL HOUSE ,SETBACKS AND PROPOSED LOT COVERAGE(B/A) 9% PROPERTY LINE DIMENSIONS SHOWN ON THIS DRAWING WERE ----------------- COPIED FROM BY JOHN MIED MARCH Eff ,SMITHTOWN, 0 UPDATED JUNE112 21019ND 23'-9" �? Cl Bedroom N Living/Dining/Kitchen N UP N Hall r, lN 0 LlBathroom7'-31/8" A 11' VB raj ` 37 _________________ __ D ri WM vv Ch T �t?3 9t"V r'vr ;''Ota" N lV/1 Vinci Benic AIA, Bredroom ZD Entry NYS#0141183 Project 719 Southern Cross Rd. Residence _________________ ---------- 1 FIRST FLOOR PLAN Cutchogue,NY 11935 Drawing Title 20 1' ��24 88' 0 1 2 3 4 5 6 7 8 9 10 FT FIRST GLOOR PLAN Drawing Number A-100 VBA ���� VINCENT BENIC ARCHITECT 611 Broadway,Gude 617,New York,NY 10012 vnvwvbarch mm RECEivE VV 1 ` Issued/Revision i AUG 2 2 2019 Zoning Board Of Appeals f Drawings&speU6wtions as Instruments of professional service are,and shall remain,the property of VINCENT BENIC ARCHITECT No reproduction,in whole or in part,shall be made without the written authorization of VINCENT BENIC ARCHITECT This document Is Intended solely for the construction of the project named herein and shall not be used by any other parties for any other construction without the written consent of VINCENT BENIC ARCHITECT hDN J Q BEDROOM CLpITCHED ROOF, y 5 i rte, ' c') ^ d- 9_5u 41%- W, 12 4 BATH TOOMFl� !€ ` --------------- ---- - - ---- --------------------- ROOF TERRACE 3i 2 D n• Ch k VB i N ! - — 36'H.RAILING ------------ ��014883 -- ---------------- VinciBenic AIA, 014 ' N NYS#01483 Project SECOND FLOOR PLAN 719 Southern Cross Rd. Scale 1/4"-T-0" Residence Cutchogue,NY 11935 0 1 2 3 4 5 6 7 8 9 10 FT Drawing Title SECOND FLOOR PLAN v Drawing Number I A-101 �� _ e� - J' �4,� it ..i.. - v-� .'>: � -.-.. z"�+ _ � .�.• � .� + , - .`'�'^� - �• � t;..:, 1' fir. r.� y �cj� `,cF- T r+ b }y .K,. ,£,y .. ,p} ��� i 1 ��C" • w t,`• i, e HOUSE _ � .� � . * �,''�1 I � � (.. ' _ _• 4 r mss` ,." "�}��°} ^'�..= :'"" `�, ' �'-'�p��-. ,''t ryl��'..� ,� K�„c� moi' � J '-:�f Y.y� � lf.�..y� � � ��� g,a,.. �. .7 � � • • � • .�• :tt� + �'+yyxr'!?- „ 4�y���fi,� y�'S 6,� �a�. +fie '��t �.'�`y � `y�g--qi�?+ _ !.,`. "'' �a � �.r.:.. s ��e. � � � � �� � *�,��',�vP"'� �, �i t 7�%.`��� �;,F,���r� e�. ."�r^s�st� � • .`'$s •.,e..�e �'� �"� � rte., � ���"y FORM NO. 3 RECEIVED TOWN OF SOUTHOLD AUG 2 2 ZU19 BUILDING DEPARTMENT ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: May 30,2019 RENEWED:August 20,2019 AMENDED: August 22,2019 TO: Patricia Moore(Posillico) 51020 Main Road Southold,NY 11971 Please take notice that your application dated January 7,2019: For a permit for a subdivision of merged lots and to legalize"as built"additions/alterations to an existing single- family dwelling at: Location of property: 650 West Road&719 Southern Cross Road,Cutchogue,NY County Tax Map No. 1000—Section 110 Block 5 Lot 42&43 Is returned herewith and disapproved on the following grounds: The proposed subdivision,to re-create two previously existing lots merged by town law, in the Residential R-40 District,is not permitted pursuant to Article III, Section 280-14,which states,"No building or premises shall be used and no building or part thereof shall be erected or altered in the R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule." Proposed Lot-1 (lot 43)-Bulk Schedule requires a minimum lot size of 40,000 square feet and a lot depth of 175 feet. Following the proposed subdivision, Lot 1 will be non-conforming,measuring 22,822 square feet in size with a lot depth of 125 feet. Proposed Lot 2 pot 42)-Bulk Schedule requires a minimum lot size of 40,000 square feet and a depth of 175 feet. Following the proposed subdivision,Lot 2 will be non-conforming,measuring 23,012 sq. ft.in size with a lot depth of 125 feet. In addition,the"as built"additions and alterations to an existing single-family dwelling on proposed lot 1 is not permitted pursuant to Article XXIII Section 280-124,which states lots measuring 20,000-39,999 square feet in total size require a minimum side yard setback of 15 feet and a rear yard setback of 50 feet. The as built construction has a side yard setback of 11 feet and a rear yard setback of±27.8 feet. Lastly,the proposed subdivision requires approval from the Southold Town PlanningBoard. oard. Authorized Signature Note to Applicant:Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC:ZBA,Planning,file FORM IWO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE SOUTHOL.D. N. Y. AUG 2 2 2019 Zoning Board of Appeals NOTICE OF DISAPPROVAL FileNo. . ................. . .. .... . . . . ...........I..........gate ... ... ........., ... �tlg ... ...22........ 19.62. To ......t...4fqTy..VL—Iter.. . ............................ Fleets Neck Cutchogue ......... ... .... .. .. . ..... . . ... . . ............... PLEASE TAKE NOTICE that your application dated April........:2 19.62. for permit to lc?tS. . ...... at the premises located at ... . ..Southern. Cross Read ................ ... Street Fleets Neck, Cutchogue Map ......... ..XXX. . . ... .. ..... ...Block ...... .... .. .. ...... .. . . Lot .. ... ? ... .... ............... is age disapproved on the followinn growid... .........I.n.s.uf f.i cient.. . .. ..........#'...........rout .... Art ITT section 343 & Art X Section lOCOA ..................... ........ ....... ... .................... .......... .... .. ... . .. .... ... .. .......... ............... ............ . ............................... .. .. ......... ............... ......... ...... ........... .. ......... . ........ ....I. .................. ........................ .......... ... ... .. ... ...... ........ .... ... .: ....:., ................... Building Inspector t , I M3 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD AUG 2 2 2019 BUILDING DEPARTMENT NOTICE 011e'DISAPPROVAL Zoning Board Of Appeals DATE:May 30, 2019 RENEWED:August 20,2019 TO: Patricia Moore(Posillico) 51020 Main Road Southold,NY 11971 Please take notice that your application dated January 7,2019: For a permit for a subdivision of merged lots and to legalize"as built'additions/alterations to an existingsingle- family ingle- family dwelling at: Location of property: 650 West Road&719 Southern Cross Road,Cutcho u County Tax Map No. 1000—Section 110 Block 5 Lot 42&43 Is returned herewith and disapproved on the following grounds: The proposed subdivision,to re-create two previouslyeg lots merged by town law,in the Residential R-40 District,is not permitted pursuant to Article III,Section 280-14,which states,"No building or premises shall be used and no building or part thereof shall be erected or altered in the R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule." Proposed Lot 1 (lot 43)-Bulk Schedule requires a minimum lot size of 40,000 square feet and a lot depth of 175 feet. Following the proposed subdivision,Lot 1 will be non-conforming,measuring 22,822 square feet in size with a lot depth of 125 feet. Proposed Lot 2(lot 42)-Bulk Schedule requires a minimum lot size of 40,000 square feet and a depth of 175 feet. Following the proposed subdivision,Lot 2 will be non-conforming,measuring 23,012 sq.ft.in size with a lot depth of 125 feet. In addition,the"as built'additions and alterations to an existing single-family dwelling on proposed lot 1 is not permitted pursuant to Article XXIII Section 280-124,which states lots measuring 20,000-39,999 square feet in total size require a minimum side yard setback of 15 feet and a rear yard setback of 50 feet. The as built construction has a side yard setback of 11 feet and a rear yard setback of±46 feet. Lastly,the proposed subdivision requires approval from the Southold Town Planning Board. Authorized Signature Note to Applicant:Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC:ZBA,Planning,file \r I f RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF A PEALS 9 For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: Zoning Board Of ppeass House No. Street 650 West Road Hamlet Cutchogue SCTM 1000 Section-110—Block-05—Lot(s)_42 & 43—Lot Size Tax Lot 42- 20,550 & Tax Lot 43-24,011 sq.ft. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 30,2019 and updated (( BASED ON MAP DATED_(Lot 42)-October 25,2007 and(lot 43)-March 1,2017. Applicants)/Owner(s): Vincent Posillico&Margherita Posillico Mailing Address: 145 Harvard Street,Wesbury NY 11590 Telephone: 516-333-3397 Fax#: c/o 631-765-4643 Email: pcmoore(a)mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X)Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: pcmoore(aDmooreattys.com Please check box to specify who you wish correspondence to be mailed to,from the above names: -Applicant/Owner(s),or X Authorized Representative,or Other Name/Address • below WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED_(Tax Lot 42)-October 25, 2007 and(Tax lot 43)-March 1,2017 and DENIED AN APPLICATION DATED January 7,2019 FOR: ❑ Building Permit _Certificate of Occupancy _Pre-Certificate of Occupancy _Change of Use _Permit for As-Built Construction Other Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) (1)Article II Section 280-14 Subsection Area Variance for re-subdivision of two previously existing lots (Tax lot 42&43) (2)"As built"additions&alterations to an existing house on Tax Lot 43:side yard]]'when 1 S'reguired and rear yard of 46' Type of Appeal. An Appeal is made for: 0❑A Variance to the Zoning Code or Zoning Map.(Area Variance for lot) RECEIVED _A Variance due to lack of access required by New York Town Law-Se tion 28�W 222019 ❑ Interpretation of the Town Code,Article 280 Section 10 C(6) ❑ Reversal or Other_Building Department will not recognize exemp ion of wa�oair� ppeals Article 280 Section 10 C 6 due to prior ZBA Waiver of merger"deny"issued un ear ri� merger law. Current Law is to be applied. A prior appeal X has,has not been made at any time with respect to this Property,UNDER Appeal No._5820 Year_2006 (Please be sure to research before completing this question or cull our office for assistance.) Name of Owner: Vincent Posillico ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's signature): 2. In the event that an area variance to re-subdivide the parcels is required: AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The vacant lot (Tax Lot 42) is 23,012 square feet; .5283 acres. This V2 acre parcel is larger than many of the lots in the neighborhood. The lot fronts on West Road. This parcel has a separate access than the improved (house)property. The improved property access is off of Southern Cross Road. The driveway, front door and property improvements face Southern Cross Road. The improved parcel is already larger than the surrounding parcels because it is a "combined lot" (lot 3 and lot 4) on the original subdivision of W. Harry Lister. The surrounding lots remain smaller; as late as 1972 (Appeal 1703)the ZBA granted variances to subdivide lots with less than 100' "road frontage". The community of Fleet's Neck consists of smaller parcel. In order to retain the two lots, if merged, then area variances for the parcel sizes are herein made. The lot was purchased in separate names from the adjacent improved parcel. The two parcels continue to receive separate tax bills and the Town of Southold taxed the lot in the amount of$1,425.81,the value of a "buildable lot". This lot would be recognized by the Suffolk County Health Department as it has appeared as a single and separate lot since 1981. In reviewing the size of the lots in the area, the majority of the non-waterfront lots between West Road, West Creek Avenue and to the east of Pequash Avenue, the parcels are significantly smaller than the subject vacant parcel. Three subdivisions in the immediate area received area variances: Moebius Associates 1000-110-7-18 and Tax Lots 110-5-27,28,29 & 30 Also Harry Lister in Appeal 505 Lots 1,2,3 & 4 (3&4 are now the applicant's improved parcel). Existing House: An Area Variance is required for an "as built" addition/alterations to the existing house, where the improvements were made prior to 1990: The house and any additions to the house were constructed by the prior owner (Fraleigh). The house pre-dates zoning (see pre-CO). The prior owner renovated the house with a building permit for a second floor addition over the existing first floor and CO issued in 1990. The building department could not find permits for the first floor even though the survey shows that a new first floor would have been necessary to support the second floor. The paperwork is a mess. The 1966 survey shows the area which is questioned today. The applicant intends to renovate the house therefore, any alterations made to the house " � t RECEIVED � prior to 1990 will be corrected. However, in order to obtain permits to lean u t e e-9�}�j 0 improvements, a variance for the existing setbacks of the existing dwellin and �ir� bci� s required. The existing house, as it exists today will not change a character of the neighborhood. The variances are required for setbacks to the prope 1 o,Ogh�0l 0f(ylJ)P%eals non-conforming since 1966. The house and improvements were made to ti e=separ=a-tie—paveel. the parcels are merged the non-conformity is made greater due to the merged size of the parcel. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: The existing parcels are very large for the neighborhood. The footprint of the existing two story house is less than 1,200 square feet and the V acre is large enough for the existing house and any accessory structures which might be desired in the future. To combine the parcels would actually make the setbacks of the existing house more non-conforming. Larger lots require larger setbacks. Both the house and deck are located on the parcel toward the back of the parcel. This location was established under a prior bulk schedule. The second floor addition to the house was approved at 10' from the side yard. An existing deck is shown on the 1966 survey at 26' from the rear yard. There is no other logical location for a deck other than the existing location. A4' variance is required for the existing"as built' structures. (3) The amount of relief requested is not substantial because: '/Z acre lots are large lots for this pre-existing Fleets Neck developed neighborhood. "As built" existing house and deck - the house alterations were done in 1990 with a 10'setback and the deck at 46' when 50' is required, this requested variance is a minimal variance. The 1966 structures show a side yard of 10' and rear yard setback of 26'. These setbacks are maintained with the"as built" improvements. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The Lot would be connected to public water. There are no wetlands and the lot is flat. (5) Has the alleged difficulty been self-created? (X)Yes,or ( )No. The owner sold the house "as is". Since the applicant intended to renovate the house, minor building department issues would be addressed at the time. It was a surprise to all that the first floor of the existing house is missing a certificate of occupancy. The house appears to have been renovated in 1990 with the building permit for the renovation and 2"d floor addition. The only survey available, to compare the existing house with the original house, is,the survey from 1966. The existing house is not new and the condition of the house was last updated in 1990.' It was believed that the 1990 renovation included the enclosed porch. Are there Covenants and Restrictions concerning this land: X No. _ Yes (please furnish E2EL 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 VAR)ANCE IS BEING REQUESTED, AND PLEASE COMPLETE RECEIVED �® THE ATTACHED USE VARIANCE SHEET.• (Please be sure to consult your atto ney.) N AUG 2 2 2019 Zoning Board Of Appeals Signature of Appellant or Authorized Agent ^ (Agent must submit written Authorization from Owner) Sworn to before me this C d of��yL ,201 C/ . Not ry Pu is MARGARET C RUTKOWSKI NOTARY PUBUC,STATE OF NEW YORK Registration No.01RU4982528 Qualified in Suffolk County My Commission Expires June 3.. "2Q1 ' RECEIVED FORM NO. 4 FzBoard UG 2 2 2019 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Of Appeals Southold, N. Y. Certificate Of Occupancy No.27089...... Date ....... ..... .June...18....., 19.16 THIS CERTIFIES that the building located at NQS rile st.Road__..._...... Street Map No. xx......... Block No. .=...... Lot No. ..xx....Cutahogue...N.Y........ requirements f r b 'Id' to or . f mil �.dwelling conforms substantially to the � � g1���'mx dated .S&S,.Jung, 18. .. .. 19.76. pursuant to which Building Permit2Rx will..be requ- dated . .. .... ...... ........... 19...., w&jonjy�k and conforms to all of the require ired ments of the applicable provisions of the law.The occupancy for which this certificate is issued is .S.&.S..Vacant.building lot.for..one..famzLly•digelljag...•....... The certificate is issued to ...'v Harry, ,List;er.. Olrner..... .................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ...V 1,1.bP..xegnired. ........ UNDERWRITERS CERTIFICATE No. MW.be.required .... .................... HOUSE NUMBER ....65Q. .. ... Street .. .:vast.11oad.....Cutchoguo............ ........................................ ................ .... .................... Building Inspector ' S 4 "Cl pL onan '' FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT AUG 2 2 2019 Office of the Building' Inspector Town Hall Southold, N.Y. Zoning Board Of Appeals PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-18212 Date JULY 26, 1989 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 715 SOUTHERN CROSS ROAD CUTCHOGUE, N.Y. ; House No. Street Hamlet County Tax Map No. 1000 Section 110 Block 5 Lot 43 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a private one family dwelling built prior to: APRIL 9, 1957 _ _ _ _ pursuant to which CERTIFICATE OF OCC. #Z-18212 dated JULY 26, 1989 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 * The certificate is issued to KATHLEEN FRALEIGH (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD PRE EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD PRE EXISTING PLUMBERS CERTIFICATION DATED NO RECORD PRE EXISTING *PLEASE SEE ATTACHED INSPECTION REPORT_ Bui ding Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD RECEVED BUILDING DEPARTMENT Office of the Building Inspector AUG 2 2 2019 Town Hall Southold, N.Y. Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No 218735 Date JAN. 24, 1990 'PHIS CERTIFIES that the building ADDITION Location of Property 719 SOUTHERN CROSS RD. CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 110 Block 005 Lot 043 Subdivision FLEETS NECK Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DEC. 1, 1988 pursuant to which Building Permit No. 17669Z dated DEC. 7, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate as issued is SECOND STORY ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to KATHLEEN FRALEIGH (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING SLIP 1/22/90 PLUMBERS CERTIFICATION DATED PECONIC PLUMBING & HEATING 1/9/90 Bu lding Inspector Rev. 1/81 APFALS BOARD MEMBERS Maili ddressffi� Ruth D. Oliva,Chairwoman �� SO(/j�,0! Sou cold Tow YIaf1�ED 53095 Mainroad•P.O.Box 1179 f Gerard P. Goehringer Southold,NY l PA-6-4 2019 James Dinizio,Jr. Office Location: Michael A. Simon i� Town Annex/Fi st Floor IVBortti ob Leslie Kanes Weisman ���vUrm,��' 54375 Main R ungs=Volenue als Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tei. (631)765-1809•Fax(631)765-9064 Awo.,4w FINDINGS, DELIBERATIONS AND DETERMINATION S0416 d TGV n Clerk MEETING OF APRIL 13,2006 ZBA Ref. No.5820—KATHLEEN FRALEIGH Street&Locality: 650 West Road, Cutchogue CTM 110-5-42 and 43 (combined/merged) Zone District: R-40 Low-Density Residential FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is described land consisting of a total of 44,561+/- square feet, identified as 42 and 43 on the Suffolk County Tax Maps, District 1000, Section 110, Block 05. The land is improved with a single-family dwelling situated 155+- feet from the West Road to the South, 12 feet from the easterly side property line, 41+/-feet from the northerly property line, and 120+/-feet from the westerly property line, at its closest points. The property is located in the R-40 Low-Density Residential Zone District,with a code limitation of 40,000 square feet minimum lot size. BASIS OF APPLICATION: Article Il, Section 100-26, based on the Building Department's October 11, 2005 Notice of Disapproval stating that County Tax Map Parcel Numbers 42 and 43 are merged pursuant to Section 100-25,which provision states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." RELIEF REQUESTED: Applicant requests a Waiver to unmerge properties which have been merged. The southerly portion, referred to herein as 'CTM 42', is proposed to be separated from the northerly portion, referred to as 'CTM 43.' Each does not meet the code-required 40,000 square feet in this R40 Low-Density Residential Zone District, and the applicant proposes two nonconforming lots, the first with an area of 20,550+- square feet for CTM 42, and the remaining area for CTM 43 of 24,011+/- square feet with the applicant's home. ZONING CODE, SECTION 100-26: Under § 100-26-A, if a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and upon finding that: (1) The waiver will not result in a significant increase in the density of the neighborhood. (2) The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. Page 2—April 13, 2006 ® n Appl. No. 5820—Kathleen Fralei CTM 110-5-42 and 43 (merged/combined) (4) The natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection,the Board makes the following findings: 1. Grant of a waiver to unmerge a land area of 20,550+1-square feet from the existing nonconforming lot area of 44.569+/-square feet is not consistent with lots in the neighborhood. A waiver would result in the creation of two nonconforming lots that are 20,550+/- square feet (CTM 43) and 24,011+/- square feet (CTM 42) - instead of a minimum of 40,000 square feet for this R-40 Low-Density Residential District. The northerly portion of this property (CTM 43) would also be nonconforming as to lot width-without direct frontage on a town street,since it would be served by a 15 ft.wide right-of-way easement 119+/- feet in length, extending from South Cross Road, over CTM 110-5-27 (a separate parcel in different ownership), north of the applicant's property. The adjacent property to the west (CTM 44)extends 250 feet in depth from West-cove-Road, and consists of a total area of 37,500 square feet with 150 feet along West ate d'PG1So6 Road. While other properties in the area are less than 37,500 square feet, many are developed with a dwelling and all of those lots have direct frontage on a town street. A single and separate search was prepared August 17, 2005 by Catharine J. King, for LandAmerica Commonwealth. The August 17, 2005 search shows the last deed conveyances, with CTM 42 in 1976 to James B. Fraleigh and his sister, Kathleen Fraleigh, with Joint Tenancy with Right of survivorship, from W. Lister. CTM 43 was also acquired from W. Harry Lister, to Kathleen Fraleigh by deed dated 6/2/1966. For at least six years, the property was not held in single and separate ownership, remaining in the same name (or common ownership)of Kathleen Fraleigh,since the passing of her brother James Fraleigh in 2000. 2. Proof was not submitted to show that a waiver will avoid an economic hardship. It has been this Board's determination on numerous occasions in the past, that it is not sufficient for an applicant to satisfy the economic hardship requirement of the statute merely by submitting that the properties would be more valuable in an unmerged state rather than merged. This determination has been upheld by the Supreme Court and Appellate Division. In this instance, applicant has not offered any showing of hardship other than that found by this Board and the New York courts to be insufficient for a grant of waiver of merger. The property has been in common ownership with a merged area of 44,561+/- square feet since 2000 and continuously to the present date. Although the name(s) of the individual(s) and offer with conditions for possible purchase was not disclosed, the applicant's either have entered into a offer of sale or plan to complete a closing on a prospective offer,after the property had merged. Page 3—April 13,2006 ® � Appl.No. 5820—Kathleen FralelF CTM 110-5-42 and 43 (merged/combined) RECE VED AUG 2 2 2019 Zoning Board Of Appeals Information was submitted during the March 2, 2006 hearing that Ms. Fraleigh's brother, James, prior to his passing in 2000, was co-owner of the southerly portion (CTM 42) of the entire premises and lived with Kathleen and her husband, contributing toward half of the household expenses. The contributions stopped in 2000. Mrs. Fraleigh wishes to sell the lot for retirement income to supplement their present income and while owning the family home in Woodside, Queens. Proof was not submitted to show that a waiver will avoid an economic hardship. The applicant indicated that the property would become more valuable if the lot waiver were granted, but the record does not show that there is an economic hardship for the property to remain as one lot of 44,561+/-square feet. The town's assessment records show that CTM 42 was sold for$16,500 in 1976; and CTM 43 was sold for $5,000 in 1966. The applicant submitted information indicating that the taxes paid on the entire premises (combined), based on the 2003-2004 tax year, was $389,262 at 1.49% ratio (and with a 5,800 combined assessment value). There is no proof demonstrated in the record to show that the southerly portion of the applicant's property was maintained separately for purposes of building a new single-family dwelling. No application to an agency for building or other authorization was filed by the owner(s)during the past 30 years was offered. There also was no proof demonstrated to show the value of the property as exists with the merger to support applicant's claim of economic hardship, except for recent real estate listing interest and prospective sale and value of the land if the waiver were granted. Applicant is not obliged to sell when someone has a desire to unmerge the properties for the purpose of acquiring the vacant portion of the premises or to provide a benefit for increased income. 3. No evidence was submitted by applicant with regard to environmental impacts and potential effects under Section 100-26A(4). The neighboring adjacent lots are already developed and improved with dwellings. The Board is not willing to create additional future lots, increased number of dwellings, increased traffic, increased water and sanitary demands,and other related environmental effects. Also, the lot nonconformities requested by applicant would create lots meeting 50%, or less, of the code requirement of 40,000 square feet each, since one-acre zoning requirements in effect since the applicant's last purchase (in 1976 for CTM 42). Although there are several nonconforming lots in the area, some are greater than 20,550 square feet in size and developed with single- family dwellings in this neighboring area. All of the lots in this area have direct frontage on a town street. To create (unmerge) additional lots that do not conform to the zoning requirements and that have been merged for a continuous period of time will result in increased number of dwellings, increased traffic, increased, water and sanitary demands, and other related environmental effects. The Board is not willing to create additional nonconforming lots for future, increased number of dwellings, increased traffic, increased water and . sanitary demands, and other related environmental effects. Page 4—April 13,2006 Appl. No. 5820—Kathleen Fralelio (RECEIVED CTM 110-5-42 and 43(merged/combined) AUG 2 2 2019 Zoning Board Of Appeals RESOLUTION/ACTION:On motion by Member Simon, seconded by Chairwoman Oliva, it was RESOLVED, to DENY the requested Lot Waiver to unmerge CTM 110-543 from CTM 110-5-42. VOTE OF THE BOARD: AYES: Members Oliva (Chairwoman), Simon and Weisman. (Members Goehringer and Dinizio abstained.) This Resolution was d adopted(3-0-2). Ruth D. Oliva, Chairwoman 5/24/06 Approved for Filing TOWN OF SOUTHOLD, NEW YORK DATE ,Aug. 4, 1977 ACTION OF THE ZONING BOARD OF APPEALS 13 v Appeal No. 2 316 Dated July 5 1977 RECEIVED ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD AUG 219 To Lillian Van Duzen (Valentine Stype) Appellant 5305 Westpath Way Washington, D.C. Zoning Board Of Appeals at a meeting of the Zoning Board of Appeals on August 4, 1977 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 10:05 P.M. (E.D.S.T.) upon application of Valgntine Stype a/c Lillian Van Duzdn, 5305•We5tpath Way, Washington, D.C. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and 13ulk Schedule for permission to divide property with insufficient area. Location of property: Dicks Point Road and Holden Avenue, Cutchogue, New York, bounded on the north by Dicks Point Road; east by Holden Avenue; south by now or formerly E. Mott; west by Haysom, Fox, and May. 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. SEE REVERSE APPROVED ZONING BOARD OF APPEALS FORM Z114 irrtlan of Aaoeak / After investigation and inspection, the Board finds that the applicant requests permission to divide property with insuff�iC�-. nt 6 area, Dicks point Road and Holden Avenue, Cutchogue, New YorVE R k. E The findings of the Board are that this application will not serious-1"y" D affect the water supply or sewage disposal possibilities ihle this area. AUG 2 2 2019 The Board finds that strict application of the Ordina would produce practical difficulties or unnecessary iardsh' L,oning Board OfA the hardship created is unique and would not be shared by a- Appeals 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, Lillian Van Duzen,, 5305 Westpath Way, Washington, D.C. be GRANTED permission to divide property with insufficient area, Dicks point Read and Holden Avenue, Cutchogue, New York, as applied for, subject to the following condition: This division of property shall not take place unless Board of Health approval is obtained for both water and sewage. Vote of the Board:Ayes; Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. e Town Clerk, Town of Southold TGWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE September 13, 1962 Appeal 1,;o. 505 Dated August 28, 1962 ACTION OF TM ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD W. Harry Lister To Fleets Neck Appellant Cutchogue, New York N RECEIVED at a meeting of the Zoning Board of Appeals on Thursday, September 13, 1962the appeal was considered and the .action indicated below was taken on your AUG 2 2 2019 Request for variance due to lack of access to property ( ) Request for a special -exception under the Zoning Ordinance (X) riequml,for a variance to the Zoning Ordinance Zoning Board Of Appeals t. 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 8:30 P.M. (E.D.S.T. ), upon application of W. Harry Lister, Fleets Neck, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 303 and Article X, Section 1000A, for permission to use property as a separate lot with reduced frontage. ` Location of property: south side Southern Cross Road, Cutchogue, New York, bounded north by Southern Cross Road, east by land of W. Harry Lister, south by D. Fleet, and west by other land of W. Harry Lister. 2. VARTANCF'. By resolution of the Board it was determined that (a) Strict` application of the 'Ordinanoe (would)(would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (o) The ihardAnp 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 var'Gnce (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. PROVED kAppeeal NCS BOARD OF APPEALS FORM ZB4 41 an1 an Board of ��✓�r Judith T. Boken, Secretary (Continued from front) After investigation and inspection the Board finds that the three lots in question were divided as shown on the attached survey dated April 22, 1957 but were not individually transferred. The attorney for Mr. Lister and the objectors present asked '1-� that any remarks would be attributed to the three lots - 6, 7, 8 as shown. ' RECEIVED The three lots immediately adjacent on the south are 50, 60, 75 ft. wide respectively. The block bounded by four t� 2 2 2019 roads in which the three lots in question are located con a. ns 17 lots or parcels. Eleven are considerably smaller than ordinance requirements. Zoning Board Of Appeals The entire area has many undersize lots. The plan for these three lots has been recommended by the Planning Board. The Board feels it would be a hardship to require that the 2170 feet street frontage be so divided that two lots' be created rather than the three proposed. The three• lots would have hbout 15,100, 16,650 and 18,000' sq. feet area respectively; The three lots with 90 foot frontages wouldbe in the midst of lots considerably smaller. Therefore it was RESOLVED that W. Harry Lister, Fleets Neck, Cutchogue, New York, be granted permission to use property as a separate lot with reduced frontage. Property bounded north by Southern Cross Road, east by other land of W. Harry Lister, south by D. Fleet, and west by other land of W. Harry Lister. This lot is No. 6 on map of lots made for W. Harry Lister by O. W. Van Tuyl & Son dated April 22, 1957. TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATEIIea....29,..1958 Appeal No. 127 Dated December 12, 1956 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN SOUTHOLD To Arthur F. Penny and Lucille 5.Penny Appellant Biddle Road, `rilattituck, N.Y. at a meeting of the Zoning Board of Appeals on December 29, 1956 the appeal was considered and the action indicated below was taken on your RECEIVED ( ) Request for variance due to loch of access to property ( ) Request for a special permit under the Zoning Ordinance AUG 2 2 2019 ( 3d Request for a variance to the Zoning Ordinance Zoning Board Of Appeals 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) 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 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (vim) produce undue hardship because parties would be unable to complete contract (b) The hardship created (is) (zxrog unique and (vim (would not) be shared by all properties alike in the immediate vicinity of this property and in the some use district because location made it impossible to divide in any other way (c) The variance (does) (dmxsmt)observe the spirit of the Ordinance and ( (would not)change the character of the district because surroundin property is of 50 fcot lots. and therefore, it was further determined that the requested variance ( x) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( x) be reversed. Board unanimously grants application as requested. Locations East side West Creek Avenue, Cutchogue, N.Y. L :\0k / ZONING BOARD OF APPEALS Barbara M. Andred® Secretary Form ZB4 E CEIVED 2 2 2019 ard Of Appeals f TOWN OF SOUTHOLD, NEW YORK DATE Janu.ay....11, 19Y3 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1703 Dated December 12, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Inez D. Moon Appellant �a South Cross Road '® Cutchogue, New York RECEIVED at a,meeting of the Zoning Board of Appeals on January 4, 1973 the appeal was considered and the action indicated below was taken on your AUGp2 2 2019 ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance Zoning Board Of Appeals (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 8000 P.M. (E.S.T. ) , upon application of Inez D. Moon, South Cross Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article IIT, Section 301, for permission to divide property. Location of property: south side of South Cross Road, Cutchogue, New York, bounded north by South Cross Road; east by Platt; south by Fraleigh; west by Fitzpatrick and right of way. Fee paid $15.00. 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. SEE REVERSE Ah ED , / ZONING BOARD OF APPEALS FORM ZB4 ,G; ryMarjorie McDermott, Secretary dakati Board of Appe s Southold Town Board of Appeals RECEIVED F-- I AUG 2 2 2019 After investigation and inspection the Board finds that applicant requests permission to divide property on the so1V4 Board Of Appeals side of South Cross Road, Cutchogue, New York. The fin ngs o the Board are that at the time applicant took title to Lots 5 and 6 each was a valid, legal building lot; all of the lots in the subdivision are in single and separate ownership and are of a similar.' size. The Board agrees with the reasoning of the applicant'. 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. VEREF'ORE IT WAS RESOLVED Inez D. Moon, South Cross Road, Cutchogue, New York, be GRANTED permission to divide property on the south side of South Cross Road, Cutchogue, New York, as applied for. Vote of the Boards Ayes,- Messrs; Gillispie, Bergen, Grigonis, Hulse, Doyen. FR .D 2019 '1. STRICT APPLICATION OF THE ORDINANCE would produc practical difficulties or unnecessary 'HARDSHIP because a part �� saidRr, parcel is the only unimproved land now owned by -the app)T:L1P9&E12.fZ'J Qf Appeals the area. Applicant owns lots 5 and 6 shown on a plan of lots made for W. Harry Lister by survey dated April 22, 1857, by Otto Van Tuyl & Son. The plan of lots consists of a total of eight lots all of which have frontages of approximately 90 feet and depths of a range of 125 feet to a maximum of approximately 206 feet. The applicant's residence is entirely on lot #5, and the adjoining lot #6 is vacant. Lot #5 was purchased by the applicant on November 8, 1965, in an improved state. On October 29, 1966, the unimproved lot #6 was also purchased by the applicant. On this latter date when the applicant took title there was, of course, a technical merger of the title of the two lots. It is to be noted, however, that at such time as the applicant took title to said lots 5 and 6 each was a valid, legal building lot under the Southold Town Ordinance. A strict appli- cation of the present Southold Town Ordinance would produce p1ractical, unnecessary and economic hardship on the applicant, particularly in the light of the fact that lot #6 is the only lot now owned by the applicant.. All other lots in the area of the subject premises are of the• same size as lot #6, and to continue the technical merger of title would result in a parcel twice the size of the others in the subdivision. RICHARD J.CRON, L'011NSELLOR AT[,&W ' CUTCHOGUE.NEV(YaK /r APPLICANT'S PROJECT DESCRIPTION itECElVE® APPLICANT: V KCe-Kj- DATE PREP DRUG U-20- i c 1. For Demolition of Existing Building Areas Zoning Board Of Appeals Please describe areas being removed: Na vie II.New Construction Areas (New Dwelling or New Additions/Extensions): uVic Dimensions of first floor extension: /0 x ZG Dimensions of new second floor: W A Dimensions of floor above second level: W(i1 Height(from finished ground to top of ridge): t�A Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: Ca Q.5 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: 02 �sy►� t1�c� Number of Floors and Changes WITH Alterations: N �s1-tNtie hove/syYve�, c does Ao} Maj--,j,, 6gn:, lv�m 1`)S`t CL,4d�Fta►� W " tr d vele sie i sP . IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property:_ rcg(j f- yq 3 sVz,� &ek- 373 Proposed increase of building coverage: Square footage of your lot: 5`j� � APO 01 a s.� �, Lc� q Percentage of coverage of your lot by building area: 4 V.Purpose of New Construction: tN(h� "JrvVCAVre 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): C)Lr Please submit 8 sets of 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. 4/2012 - QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subj7tremises listed on the real estate market for sale? Yes No AUG 2 2 2019 B. Are there any proposals to change or alter land contours? Zoning Board Of Appeals No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? IV FJ 2.) Are those areas shown on the survey submitted with this application? VIA 3.) Is the property bulk headed between the wetlands area and the upland building area? WA A 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? PD E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? N a Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? N d If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: Mo --- JN(E'(zv� ho uSe Cls not AM.k� (3 reVl tr�S qyo v+" L 9 (p(p 5 0 Ctnn cl l`t 9`l PcaVX s.. G. Please attach all pre-cates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Prc - Co. QAActoc—ci H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes,please label the proximity of your lands on your survey. LGA- �- La-1- y2� I. Please list present use or operations conducted at this parcel t�6 �1csU and the proposed use 'SC%yyU_ (ex: existing single family,proposed:same with garage,pool or other) Authorized signature and Date i AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD AUG 2 2 2019 WHEN TO USE THIS FORM: This form must be completed by the applicant f r any special huse permit, site plan approval,use variance, area variance or subdivision approval on Prn rr�yoard"1��Appeals an agricultural district OR within 500 feet of a farm operation located in an agriau��ura-c{istriet. 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. Name of Applicant: GPAt� 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): $ 4. Address of Land Owner: 5. Description of Proposed Project: V igiOW 6. Location of Property: (road and Tax map 45rO hl2s-f- Poe7% f�olke . number) -- &O -- _ K 'a WO' 5c 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes {s.}�1No 9. Name and addresses of any owner(s) of land 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. Nome 2. 3. 4. 5. 6. (Please use the-back-cTrl page if there are additional property owners) Signature of Applicant 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. ,A 617.20 Appendix B Short Environmental Assessment Form LAUG2 Instructions for CompletinI 19Part 1-Project Information. The applicant or project sponsor is responsible for the compl tion oponses become part of the application for approval or funding,are subject to public review,and may be s MJPatfcd#Complete Part 1 based on information currently available. If additional research or investigation ouldu 1y respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: pasrllicd Project Location(describe,and attach a location map): / 'Q (0 S-0 vV' Q��' R oco 1 L-b}) 7(y SDAeYh GOA 5 '4�C Brief Description of Proposed Action: (• v�I c�P��f��f-te►� - a1-co-� `":7- wci its ff `ems �} iS{cmG �Oc�Se + Gj2c(C .3 • / v-eo, vavi aAe-0 5ra� y����� _V yc'y' J Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 6u,, 115-g0 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? , < ,$'arr-es acres o2 rY�e,✓c e f s b.Total acreage to be physically disturbed? C) acres 5 c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acre- acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial u4sidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? RECEIVED 6. Is the proposed action consistent with the predominant character ofbbe existing built or natural NO YES landscape? AUG 2 2 2019 7. Is the site of the proposed action located in,or does it adjoin,a statet7pninq sted Critical Environmental ea? NO YES If Yes,identify: Rnnrd Of Appeals V 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO j YES b.Are public transportation service(s)available at or near the site of the proposed action? MA c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? WA 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 5 C 1W A, V 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: L�l S+3 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? No 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Iv(Q If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional NI� ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? Q'NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff andstorm drains)? If Yes,briefly describe: ❑NO WYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of/��, O YES water or other liquids(e.g.retention pond,waste lagoon,dam)? �A If Yes,explain purpose and size: PrrFP ED mr 19.Has the site of the proposed action or an adjoining property been the location A n active or closed NO YES solid waste management facility? If Yes,describe: Zoning Board Of Appe' J 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: /G��G('/Gc� Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 t ( I z No,or Moderate d� small to large �im act impact RECEIVED ma may occ r occur 10. Will the proposed action result in an increase in the potential for erosion,floodiAFUS Su2nao 9 problems? I 11. Will the proposed action create a hazard to environmental resources or hu an health. i eals oard Of Ap Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 rr1 ' E 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_whatevercactiomfs necessary to avoid same. y T RECEIVED YOUR NAME• _/�/ �It e r� •(Last name,first name,middle initial,unless you are applying in the name of someone else or ofnentit)MGa U19company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) rd Of Appeals Tax grievance _ Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat //-- Mooring Other(activity) 0�/1 Xt�l`� �lzt 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 toy n 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. 7 20 Signature ,✓ 6 ,7 Print Name RECEIVED APPLICANT/OWNER AUG 2 2 2019 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officer 3fid i" ead Th`e,hutwss of this form is to provide information which can alert the town of possible conflicts of interest aA`d al oI w ie hateWr action is necessary to avoid same. I YOUR NAME: 90 5 i 1`C.O (Last name,first name,middle initial-,linless you are applying 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 X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) 19 hW0rtfznho7J 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_ -m,. `�► Print Name Ci C!2& P05" { 1 t=om dtAiER RECEIVED TRANSAt7IONAXIDISCLOSURE FORM AUG 2 22019 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 fake whatever action is necessary to avoid same. ZoningBoard Of Appeals YOURNAME: ezk, C C c_ (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person'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) X,l ,Tre If 7y 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 1/--day-of 20-159— Signature Print Name C'e~ RECEIVED Town of Southold AUG 2 2 2019 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS Zoning Board Of Appeals 1. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and, if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#110-5-43 Vincent & Margherita Posillico AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees Zoning Board of Appeals X(interpretation, area variance for re- division of merged lots, area variance for existing structures) Parcel is NOT on the water therefore is "Exempt' from LWRP 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: _ Town of Southold LWRP Consistency Assessment Form 1 RECEIVED Nature and extent of action: AUG 2 2 2019 Location of action650 West Road & 719 Southern Cross Road Site acreage Lot 43: 22,822 sq.ft. and Lot 42: 23,012 sq.ft. Zoning Board Of Appeals Present land use: house & separate lot Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Vincent& Margherita Posillico (b) Mailing address:145 Harvard Street,Westbury NY 11590 (c) Telephone number: (-k31 )765-4330 agent (d) Application number, if any: _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): Two separate parcels, interpretation of application of"exemption from waiver". Alternatively, area variance to re-subdivide parcels. Setback variance for "as-built" improvements to existing house pre-1990 and "as built" deck. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Developed property Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 r RECEIVED Yes ❑ No ❑ Not Applicable X AUG 2 2 2019 Discussion (if appropriate): existinghouse does not change visual uafi or scenic resources Zoning Board of Appeals NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes No ❑ Not Applicable X Discussion (if appropriate): not waterfront Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes No ❑ Not Applicable X Discussion (if appropriate) Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies;Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): PUBLIC COAST POLICIES Town of Southold LWRP Consistency Assessment Form 3 CwaW� CEIVED Policy 9. Provide for public access to, and recreational use of, coa ;u`�1V 19lands, andpublic resources of the Town of Southold. See LWRP Sections; Pages 38through 46for evaluation criteria. ard Of Appeals Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ 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 111-Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ 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 X No ❑ Not Applicable X Discussion (if appropriate): Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies;Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Not in Ag. District Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies;Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 -172 RECEIVED Board of Zoning Appeals ApplicationAUG 2 2 2019 [Zoning Board AUTHORIZATION Of Appeals (Where the Applicant is not the Owner) I, V r M C-00--f P Sc r C G residing at j Ll �kuy kt wc( L�4' (Print property owner's name) (Mailing Address) Wren--{buy q M /100 do hereby authorize (�L4YI-c.Cc11 C f 0 (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. q� ( wner's Signature) V(taccvct Pc,. (-t l C C (Print Owner's Name) FZoning ECEIVED Board of Zoning Appeals Application G 2 2 2019 oard Of Appeals AUTHORIZATION (Where the Applicant is not the Owner) L��r JC4 a 5 i ] I i Ly residing at 1 LA S V1 cc C'0 cc (Print property owner's name) (Mailing Address) � )P �b A U P y N`I 11 '590 do hereby authorize r pa 4 C i c,i c, L . H OO(-e— (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. ( er's Signature) i QC C- t&:5,%\VL0 Print Owner's Name) t 3 , - F r �''•2 ¢ I ,} x 1 T "V X4 rF i f• ", •F .1.';Sr ` r, �41\�a.x Y*I},d r�ylri�G. \l 5i�`' "./T'fy` � 4 :` t ♦ 'r.. �}1. F+,!Fx'*hZ L ti y�s.s�t�l � k s ", ���g�i�"t! x. �I k.i�, °• 11._ ` �'`Q'. 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LOT FORM'Eh OWNER o EACf�. t` m ICY 5 -C , Ci: r /:o. ¢ :!% •,A/ W ��- -TYPE OF BUILDING f �( LrS�e� o11IYl.�>�it�l9� t fs;-,g►�No Ff�FcJC Q/r QY.f 1/S/GQ 4 ! �"at OA e S. SEAS. JVL7��. FARM I COMM. CB. MISC. Mkt. Value lrl4aC ACJ fir` �t aaP �,ya f l /T o LAND IMP. TOTAL DATE REMARKS ' �� c�6 QDO /f/ ,T L�� f'ra /ems �- W V U r nn Ln2-406 / �� G NU; Xr4 G'7((Stna /.•� Q ,- n C,. 1 Z..1 a - k1 3 a o o / S` 3 1 D 1p t , -- n �' o0 3ab _ � alPrGh ft, - LO - O C 1Co^ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re TOWN OF 5OUTr- Lo Tillable 1 Ln m Tillable 2 LO 1-illable 3 ' Noodland m Swampland FRONTAGE ON WATER 3rushland v m DEPTH ' �j m -louse Plot �' '/3 a ' c_. 7 � oC LO `.�►.. & ' s BULKHEAD m LO m j�tal DOCK - -7+ 1os':v7 "''yp'•c+-{fx c.<+.rwr,�7.c�+�i y _ ',-"�y�..�". `y "{i MEN SEEN OMEN ` ■�■■!�■ ■�!■■■■■ONE■!■■■■■■ i ME Nil OMEN= ON OMENS US SEEN .v. -z. 0 'man No INN ME _ A Interior Finish Fire + i• .► �� • • l�' '• • ' Type Roof ' � I Rooms 2nd Floo � I BUILDIT G DEPARTeUr 1T TOWN OF SOUTHOLD, N. Y. HOUSING CODE, INSPECTION REPORT RECEIVE® I 9v Location 715 SOUTHERN CROSS ROAD CUTCHOGUE, N-Y. Lnumoer do street) iiunicipalimy) AUG 2 2 2019 Subdivision Map No. Lot(s). Name of Owner(s) KATHLEEN FRALEIGH Zoning Board Of Appeals Occupancy R-40 RESIDENTIAL OWNER (type owner-tenant) Ad,-aitted by: KEN BAILEY Accompanied by: SAME Key available Suffolk Co. Tax No. 110-5-43 Source of request KATHLEEN FRALEIGH Date 2/17/89 DWELLING: Type of construction wood frame '�s tortes ONE Foundation CEMENT BLOCK Cellar FULL Crawl space -- Total rooms, lst. F1 4 2nd. F1 - - 3rd. F1 - - Bathroom(s) ONE Toilet rooms) Porch, type_ Deck, type Patio, typeRAISED CONCRETE Breezeway Garage Utility room ATTACHED SHED TYPE Type Heat rearm Air Hotwater Fireplace(s) No. E:cits TWO Airconditioning Domestic hotwater ELECTRIC Type heater RHEEM Other ACCESSORY STRUCTURES: NONE Garage, type const. Storage, type const. Swimming pool Guest, type const. Other VIOLATIONS: CHAPTER 45—N.Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE Location Description lArt. I Sec. - II Remarks: BUILDING PERMIT 017669–Z FOR SECOND STORY ADDITION STILL OPEN AS OF THIS DATE Inspected by: Date of Insp. June 28, 1989 GARY J FISH Time start 11.00 aD)end 11:20 am BOARD HEALTH . . . . . . . . . 3 SETS 0F P FORM NO.1 SURVEY . . • • • .RECEII�E3 TOWN OFSOUTHOLD CHECK • . . . . . . . . . . . . . . . . BUILDING DEPARTMENT SEPTIC FRM . . . . . . . . . . . . . . TOWN HALL AUG 2 2 2019 SOUTHOLD, NY 11971 NOTIFYCI `7•_ TEL.. 766.1802 CALL(( !! Examined �7........192 o,W MAI T In g Board Of Appeals .��. � Approved . ..... ., 19 r ��� �Pcrmit Nod��.�.� � f Disapproved a/c .. .... . .. ....... . 1� '"-��y( r/ • UTKO`b ( ilding Inspector) APPLICATION FOR BUILDING PERMIT Date . ./....... I5 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,wi sets of plans,accurate plot plan to scale. Fee according to schedule b Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public sti 6r areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this at cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issued a Budding Permit to the applicant Such pe• shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occup.i shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws,Ordinance Regulations, for the construction of buildings,additions or alterations,or for removal or demolition,as herein descnl The applicant agrees to comply with all applicable laws,ordinances,building code,housing code nd regulations,am admit authorized inspectors on premises and in building for necessary inspec s. (Si ature of applicant,or name, a corporation) � tA^ //i Sr /'1.9ii✓ sb 6 rrviGi ��` !/9 �,l11111•_.�....--.^.. ... .... .. . .... ... .... ..... ........ -�-� 331 (Mailing address of applicant) rwo State whethe gv&f%j&sde i;W2rchitect, engineer, general contractor, electrician, plumber or burly .......... aiNdam . , M�13.J/. ....... .. .......................................... Name of owne e .N tri/ S, f�P.9jCi�� "MA u2Nt '• (as on the tax roll or latest deed) If applicant is �1pJg qj'0,qq%I �iM40 orized officer x 33t�pil�lt)�R�''fi� `G�f0:1 � (Narien1)ftltlI e3y}c~ Builder's I�se d1l�l"*NORM �`i Plumber's License No .• `SON'4 Electrician's License No .... Other Trade's License No .. ..... ...... 1. Location of land on which proposed work will be dont House Number Street Hamlet Couiity Ta-,Map No 1000 Section Block ,•.....�. Lot.. ....... rL`S /1� C Subdivision ...�It'r .. .. .... Filed Af iii No , ....... Lot .. .......... (Name) 2 State e*%istilig use and occupancy of premises and intended use and occupancy of proposed construction _ .Otis- a Existing use and occupancy . ... •tiu ,•• •••• .•••.•..... .. b.Intended use and occupancy •• • '' �S','�;; yAjtlu8,oi. CM / 3. Mature of work(check which applicable). New Building Addition ...i\.... AlteratRiLECE Repair .............. Removal .....,........ Demolition .... ..x..... Ot er Work.... ..... (Descriptio 4. Estimated Cost .. ` 0 0,0..0 .. . .... Fee ........ ... ... ......AUG.2.2.2019 ' / (to be paid on iling this application) 5 If dwelling,number of dwelling units Number of dwelling units on eac i floor....... If garage,number of cars . ...... . . ... ........ .... . .. Zt)f)1I1g.E�Qard.0$.Appeals 6. If business.commercial or mixed occupancy,specify ngtvre and extent of each type ulpse ........... . . 7. Dimensions of existing sj .•y ructures,if any Front..... ..... Rear ....`,7��. ..... Depth..,.2.y Height ,WdX, ..Number of Stones ..... ..../. ........ Dimensions of strupture with alterations or additions Fpnt .. ..y!.I...•.• Rear ....y,�j Deptl ':' .�.......... height ... ... .n? ... ...Number of Stones........ - 8. Dimensions of entire neiv construction Front . .. Depth Height ..... Number of Stories .. ..... . ... ...... 9 Size of Iot Front l 6 9•. _- . Rear .. ...�.��?.:.% �. Dcpth 10. Date of Purchase ...!9 WvX. /W..Name of Former Owner 11. Zone or use district in which premises are situated.... ... . ..... .. ... ......... .. 12 Does proposed construction violate any zoning law,ordinance or regulation ......................... 13. Will lot be Tegtaded ...... Az 49 Will excess fill be removed from premises- Yes 14 Name of Owner of premises / t �� . �� !�/y....Address ..7/3rso�C.{ye. qt !..Phone No. . 5 .?A L Nameof Architect .. ......... ..............Address .... ...... ... . ...Phone No. ........... Name of Contractor ................ .Address . ... .... ..Phone No. ...... 15.Is this property located within 300 feet of a tidal wetland? *YES....NO.V., *If yes, Southold Town Trustees Permit may be required. PIAT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dunensions t property lines.Give street and block number or description according to deed,and show street names and indicate whe interior or corner lot. A AS NM FEE: Ilf IFY 7615-19M 0 AM TWO 4 PIMA TM FOLU"Ne NwECnoft: 1. FOUNDAMON - VMf4*gl FOR Potmocomang 2 ROUGH-RRAMwo as IpU A g" S. INSULAIM 4. FINAL - CONSYIl UCnW ilA M BE COMPLETE FOR C.rQ. ALL CONSTRt3 7" SHALL MMT THE RECUflE IIMM Of "g rLy. STATE CONSTnUC N)N $ WyAW CODES. NOT p43pONSWU pft DESIGN OR CQNSTRUCTiN RM M STATE OF NE R II`` SS COUNTY OF!� .... .... 1°.✓✓ ...All ,.i ., I��j being duly sworn,deposes and says that he is the appiic (Name of individual staning contract) / 1 above named. He is the .... . ...... . . . . ....... .. ........ ... . .. ... ... . Contract ,agent,corporate officer,etc,) of said owner or owners, and is duly aut ionzed to perform or have.performed the said work and to make and file application,that all statements contained in this application are true to the best of his knowledge and belief,and that work will be performed in the manner set forth in the application filed therewith. Sworn to before me ee—t-Miss . .. ..(.t5!, day of ��!yL�`?�f�. ., 19 ra,d N ry Public, K7:t�1 . County ZLtW Hyl � Nsw York /. . . . . . . . (Signature f applic wtar UM ExD#�00"W3o�Hci(•o_u8tj( TOWN OF SOU THOW, NEW YORK ��✓ �j APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. / �` ✓ �I RECENED DATE .�.........:..:.......... TO THE ZONING BOARD OF APPEALS,TOWN OF SOUTHOLD, N. Y. AUG 2 2 2019 1 t ........INEZ D. MOON .. ....................of .....South Cross Road Name of Appellont Street and Number ................ New York......HEREBY APPM-Zoning O 9 Board Of Appeals Municipality State TH£ ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON � - APPLICATION FOR PERMIT NO. ............................:....... DATED ,�...a..,....,..�...... � .................. WHEREBY THE BUILDING INSPECTOR DENIED TO ................................................................................. Name of Applicant for permit of .................... ....I.............................. Street and Number Municipality State ( } PERMIT TO USE PERMIT FOR OCCUPANCY South Cross Road Cutcho ue °.A" �1 LOCATION OF THE PROPERTY ..........................................z.................. ..................................... Street Use District on Zoning Map �. ................................... . ........... ................................ Map No. Lot No. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- Lection and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article In, Section 301 i 3 TYPE OF APPEAL Appeal is made herewith for dX) A VARIANCE to the Zoning Ordinance or Zoning Map I( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 i I4. PREVIOUS APPEAL A previous appeal ft4 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. !Such appeal was ( } request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated................................:....................................... . REASON FOR APPEAL ;( ) A Variance to Section 280A Subsection 3 KX) A Variance to the Zoning Ordinance jis requested for the reason that applicant desires -to divide parcel into two I separate buildable lots. x� xglxxxx� xx�� xa,�xxr �x�xnlx;���x��x�k�xapp� x'�xuxxaxxaxxx�����x� x��x�xsx ��ix�x� xmxx�xp��ux��x� x�d�x�xxxi�.xa��x�xxb�xxn���x� Form zB1 (Continue on other side) REASON FOR APPEAL Ccntinusd 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because •s RECEIVED See rider annexed hereto. AUG 2 2 2019 Zoning Board Of Appeals 2, The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district becouse all of the other lots in the immediate area, and in the subdivision of W. Harry Lister, are in single and separate ownership. This application is only made necess- ary by reason of the fact that the applicant took title to ,Trots 5 and, 6 in her own name thereby causing the technical merger. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because all the lots in the iminpdiate area, and in particular in the W. Harry Lister subdivision, are in single and separate ownership, and -are of a similar size. The granting of: the variance could result in keeping the lots of the same general size and value -as the other lots within the subdMsions the general pattern of-development on this subdivision map would be maintained by the granting of the variance. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK) / Signatuee ! I Sworn to this ............. ..:.. ..................... day of...............PA99Mbes...................... 1472 U c RICHA th stateR0 of y�Tofaz9 5 su{e,Aar. �?Com J TOWN OF SOUTHOLD, NEW YORK o ' APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO � V��- DATE ......... RECENED TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. AUG 2 2 2019 (We) bJ.Harr.Y...Lister... of .......... het.s..�IQCkc.................................... Name of Appellant Street and Number .................................Cutchogue...................................... .........W.-Ap...........HEREBY PPI Ogoard Of Appeals Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ...................................... DATED .... .s i .. '..J.!`....:........ WHEREBY THE BUILDING INSPECTOR DENIED TO ..........W.....Tia rx-y...Li.s ter........................................... of Name of Applicant for permit .................................er.........................................ty.............................State......................... Street end NumbMunicipali ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X ) 'i to divide lots with less than 100 ft frontage 1. LOCATION OF THE PROPERTY ...SIS.....Southesn...Cr.os.s..Road........................A,....A1st Street Use District on Zoning Map llap..a.ttached.,......Lot..6................................. Fleets Neck, Cutchogue Map No. Lot No. 2, PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art III, Sec 303 & Art: X section l000A 3. TYPE OF APPEAL Appeal is made herewith for (g ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal W(hos not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated .................................................................... REASON FOR APPEAL l ) A Variance to Section 280A Subsection 3 (X A Variance to the Zoning Ordinance ( ) is requested for the reason that Property was owned by me prior to the zoning ordinance Rnd was divided as shown on the attached map. There Aras insufficient property to provide 100 ft front-age Form MI (Continue on other side) i REASON FOR APPEAL Continued 4' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : I could obtain most efficient use of property. RECENED AUG 2 2 2019 Zoning Board Of Appeals 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediote vicinity of this property and in this use district because of typogrophy and shape of land 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The lot contains more square footage than the ordinance requires STATE OF NEW YORK A p) COUNTY OF �L`% ss .. .... ignat re, ............................. Sworn to this..............49 ...................day of.....................alaw-/........... 19(�-Z1 ................... ..% � ..... Notary Public %bry Puhhc,State of New Yotk r ib.52.0344963,Suffolk Cowity Ca"ission Expues Marcf, 30, 19 63 f - TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 12- 7 DATE TG T+IE ZONING BOAFZUbF"APPEALS, TOVM OF SOIJTHOLD .Y. � E�n zJff., JWUY. r' EED•Nonwjfj,�ppellorif, o ,:,x,Street and NumU'.•, ..' �>!tJe `7Eork- .:_ f� 2 2019+.. . : �c HER• 1THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING ONAPPL)•Q TION' FOR PERMIT NO..:-� 3............... DATED ................................ .. , . .... Of Appeals WHEREBY THE-BUILISINGr-INSPECTOR DENIED TO c . -AIR N." do I;IIC ZY,T,E _ __.;_ :�y: ;Nome'Qf �Plicont for:permit'"• _ - '.;�•�� - � - of Hidd: Ze:RoeSj 1 tgtitnok ............N�kW 3''D9�±k.................... .:..:.. Street and Number Municipality State (() PERMIT TO USE i < ) PERMIT FOR, QC,CUPANCY • ., ., 1,`1. - -•., is ., f' .i , 1, LOCATION OF THE PROPERTY...•East side Weet Creek Avenue.,.•.Cutchogue,N.Y. ..... Street Use District on Zoning Map ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number.Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop, 62 Cbns. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal 18W (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit < ) request for o variance andwas made in Appeal No. ................................Doted ...................................................................... REASON FOR AFPEAL,1` ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinahce t is requested for the reason that (Continue on other side) Form ZB1 RECEIVED REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce UNDUEfARDSH10bec 2 e 2019 (� applicants are under contract to purchase the premise from Baxter Properties, Inc. Although the parcel• has lees thap,;I.Fi�D0 Leet- and lege than 100 foot frontage on a public higtiway4,,•the; etfA 13bir(Jh Appeals premises has been built 4ad •occupied for a nt e$ of ;.- that use and occupancy has' been confined to this:1particular parcel. Un- less a variance is gr,$ntpd, purchasers would be unable to,�jonq]W the contract -and the seY"Ier would be unable to deliver titl-e. 2. The hardship created is UNIQUE and is not shared by all properties alike in the•immediote vicinity of this property and in this use district because originally th® eellbli 'owes �Ii`'- a parcel approximately 198 feet on West Creek•Ayenue•-with,a-depth,. of 100 feet and sold the adjoining parcel of approximately 2,40 X 100 Peet as a separate ug�it. The location} of, the,llotuse on this additional unit, the layoldt' of 'the parcel aa rid' &Ading hedge made it impractical to divide in any other fashion. This, the re- maining pardel-� is the only=onie'now owned=b)r-,this='seller. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THII CHARACTER OF THE DISTRICT because this section of the Town,,known as Fleets Neck, was originally set up in 50 foot lots and there are many pros perties in this particular locality where the lots are less than 12,500 feet in area and with a frontage of less than 100 feet•. Art ur 1+1•. Penny � _ STATE' OF NEW YORK ) C� - •� v' ss ................................................................ ... COUNTY OF SUFFOLK ) Lucille S. Penny Sworn to this................j�.......................doy of..................DecetpberA.:..........19 58. .%2 ��, ��:.......... NOTARY PUBLIC,STATE Ore NEW Yom., No.52.4259000 Qualified is Suffolk County Tum expires Much 30,1959 OFFICE ADDRESS: 'JlVVN OF'SOUTHOLD` OFFICE HOURS&PHONE y 63096 ROUTE 26-P.O.BOX 1409 CONSO] ;ATED REAL PROPERTY TAXS .L MON-FRI 8:00 AM TO 4:00 PM SOUTHOLD,NY 11971-0499 LECEMBERi,2018_ _4;MBER 30,2019-TAXES BECOME ALIEN DECE11 1,2018 631-765.1803 FAX-631-765-51W SUFFOLK • .• • IF THE-WORD"ARREARS"IS PRINTED HERE SEE • NOTICE OF ARREARS ON REVERSE SIDE. 4 473889 110.-5-42 382 13 13838 LOCATIONPROPERTY 650 West Rd 0.53 RECEIVED 283,262,093 2,713,641 AUG 2 2 2019 •� PROPERTYTYPE Zo ling Board Of ippeals 311 1 Res vac land 14275""AUTO`*ALL FOR AADC 115 '' ' ' • 111111Ilr�l�l" 'III�IIII1111��11���1�111111111111�111111111� ;1:2/4/2018 1,000 1,000 Posillico Vincenzo , 145 Harvard St Westbury,NY 11590-2903 Posillico, Vincenzo 2017-2018 TAX PAYMENT INFORMATIONLOU • ^dA°; SSESSED.VALUE-t" t.4 zj-'� >RATIOf 100%'•ORFULI VALUE First,Half: ;,1=2%28/2Q;1.7.. {:.�_ Second Half: _' 13 64 WHICH _ _7 _ _$706:32 1'2%2$/2017_;_' _1,000Is:. 0.94% °FITs: X1;06 383: L Ei/Y:D ESC R I PTI'O N.' LEVY-*/.~. TAXABL'E VALUE;. v ;: `TAK ATE ~, �LE c'AWE . :,TAX AMOUNT;,�,:~TOTAL:TAX AMOUNT y Matfituck School 62:37%; 11000U _ 889:284 0:20% ,-8'89.28-'--' - -.284 Cutchogue Library '6.00%0_' " -1;QOOra`«t ;85:538 " , 2`:00% -85.544- • .(., i :+:itS'�'if?��✓n`j rYt!�v:.'td,�',Ni�aa'd�,`.�� „.. _ ., ......� � - -- , 14 . 'TAX LEVIED FOR, SCHOOL' ' ,.',-. 974.82 Suffolk'Cou.n Tax �, 1.3'4% -1;000; �tl-r;s:g1'9-1`58 0:00%0 -.19:16 ° • • 19.16 TAX LEVIED C-- " Southold Town Tax 22.09%,- ,. F`,- 11- � ° _ - 315:03 9'000' 1 W,�31'5$028 4:10% TAX WN LEVIED . 0 • • 315.03 ir= •;° 'tcf;v.�„';isr(;�'' ''.�;:....i•Y,,r, c L,,, o - X8'75.- :(; , NYS Real PropTaxLauv,. 0.61,/0=.•ry,,.,;r;,' 1,000, it„-,.,•x,, 8.74fi..,, ;42.80% MTA Payroll Tax °� 1;000 9.20% - -.67- -Out of cty SCCC` + = 0.16%'n.ay' '^• ,s 't: ,000 ~ ;1' •2.346 71.00% 2.35 Cutchogue FD 1,000” 79.989 - -0.10% 79.99 Cutch-New Suff Park 0.46%;- 1 000,.,^ = 6.520 0.00%. = 6.52 �_Sold.Was-►e.District .,--- ..,. r _ _ _1.3Q%� "•'- .=<r�';31:OQQ-'�'_.w�y__s;h'-..1.8.518_,.x;....;:: -2,80%�';,�.:. __._,,. 18.52__ ,_• ,_.. . - ---_.. TAX LEVIED FOR OTHER DISTRICTS' _” __ - - , - - - - • .��C9=s'� !-.i,: a:1 ..rri-�i, .n�. .L':.s-'';�:�,'`.: ;1•i+-,,:T t': ,N>. - - . .��, A•t'•A"��L..•" :4-t.: , -_ 4' =F1 S _ R TH L SE G.ONDHALFFTAX;�.�°�:-��=:�' - ',TOTAL�TAX•,LEVY. s° ,'_ .r: : ' 71291y = ," - =J:.- :1425:81:<`,. DU_EDECA,, 618 PAYABLE WITHOUTPENAI.TyTb'JAN.10;2019 'DUEDEC.'T2018PAVABLEWM40IJTPENALTYT6MAY31;20W'SEEREVERSE THIS'TAXMAYBEPAID.INONEORTWOINSTALLMENTS SEE REVERSE SIDE FOR PENALTY SCHEDULEr SIDE FOR PENAI:TY SCHEDULE AND COUNTY COMPTROLLER'S NOTICE. OFFICE ADDRESS: T"WN OF SOUTHOLD OFFICE HOURS&PHONE I 53095 ROUTE 25-P.O.BOX 1409 CONSOI A TBI) REAL PROPERTY TAX,- �.L MON-FRI 8:00 AM TO 4:00 PM SOUTHOLD,NY 11971-0499 I DECEMBER 1,2018-1_ IMBER 30,2019-TAXES BECOME A LIEN DECEM? _Z1,2018 631-765-1803 FAX:631-765-5189 i SUFFOLK • •• •• IF THE WORD"ARREARS"IS PRINTED HERE SEE • • NOTICE OF ARREARS ON REVERSE SIDE. 473889 110.-5-43 382 1 13 13839 PROPERTY LOCATION F:YrMPTION: DESCRIPTION •. 719 Southern Cross Rd 0.6 �61911IHWHMJ:W TOWN AID BANK CODE A JG 2 2 2019 283,262,093 2,713,641 ••• •• •• PROPERTY Zoning Board Of Appe• Is 210 1 1 Family Res 14276""AUTO"ALL FOR AADC 115 111111111111 t1111i111111111111111111111111 12/4/2018 . 900 4,800 Posillico Margherita OWNER AS or-TAXABLE STATUS DATE ON MARCH i,2018 145 Harvard St Westbury,NY 11590-2903 Posillico, Margherita 2017-2018 TAX PAYMENT INFORMATION • 6F AssEssim VALUE F,: lr=;-' D"=ASSESSED VALUE', ;RATIO $ ;100%'OF;FULL'VALUE 'First Half:',` ^ 13765' ;z' $3;390.33 _':;i4,12_/28/201.7 °'' WHICH d� 4_ ;,; _ _ ' 4;800 ,Is:_ _0.84/ of irs , 38 Secort Half__ 13765 �$3 390.3 _ 12%28/2017" °o _ 5.10 638; . - :'LEVY;DESCRIPTION '<.: .LEV,Y%',:" TAXABLE.VALUE,. , rj ATE _TAX AMOUNT,- 'TOTAL'TAWAMOUNT -Mattituck School "` LL ' '62.371/1(-, 4;800 880:284 - t 0.20% 4,268`.56= Cutchogue Library' 6:00%': :4 80Qa z : *<8�5538 ` '= " 2:00% 4'10.58 _ _ ,- - „ir,^, i�M,a,- `4°�.� : �s�;Vis:- D o • '- SCHOOL4 679.14 Suffolk Courify Tax 1.34%: 4;8Q0t , ,2 <<19s'1,68' 0.00% 91:96 TAX LEVIED oFORCOUNTY. 91.96 0%1, 512:13 Southold Town Tax TAX LEVIED FOR, TOWN 1 512.13 - NYS Real Pro 'Taxi-aw 10.61/° ;'v. v;b:'•.tt f 4,800_ ;�•,-;8,74• MTAP,a iol6Tax; 0.05% �?zseu :' ''-04;800, -.672 '!' 9:20% 3.23 -OUfofCtyiSCCC 10'16%'" ?a':,as :',4,8001 2.346, ,7.1.00% 11.26, Cutchogue FD' 5.61% `'`4,800' 79.989 0.16% 383.95'` 0.46% ;02.:0R0%Cutch-New Suff Park 31.3048 ; 88.89._, 'Solid Waste District'..•_..,_,_".. w___ _ L30%• , .a, - ^, 4 BQ�..- :t, •t.. }^15:i'%'�,i= tom^;. � .�+ ., , ' IM 560.61 ;.,, ,,._ -_ t?.'v`v'c, 'E."'ryJ1 -,a,. - ,;i, a,, ,.y"".. .g�, .yiF „�, , 'r,<t`:]i ,1`r,'�"� ;`.'`• ''r - 3' TOTAL TAX`LEVY, FIRST HALF'-TAX; ',: - SECOND•HALFTAX ': _ '., ,., 3 421:92`"; -� 6843:84'. DUE DEC,.1,2018PAYABLENITHOUTPENALTYTOJAN.10,20193' DUE DEC:1,2016PAYABLEWITHOUTPENALTY TOMAY31,'201§.SEE REVERSE' f" SEE REVERSE SIDE FOR PENALTY SCHEDULE..' SIDE'FOR PENALTY SCHEDULE AND'COUNTY-COMPTROLLER'S NOTIOE. THIS TAX MAY,,BE PAID,IN ONE OR'TWO',INSTALLMEN' t • fid✓ � C, ��"t.'� •._ - 99 - IS I ,4 - - - .- - •; � u7i I Haase 'lil � I - � f Y od ao � �'� °gym ?' a�'•� 8 - - ,,� • M I 'a � ���� N rN ��Vl a1'N Q 4 Q S. oyo,�f.E7 y Mo ':;, '�r,9Yr��".•., ,�' sT+ � tUP7 Ili 'g PLAN a;= Lo-r5 , W. 'HA R,R (4 L I ST E R, _k`:e 7y . , '12:1' <` .^•`I...,e:;n�, '.�!^�=�>ir.��.. w .•' •• ,. ._ �, '_"v '•;kSN;�'3��•;"r�`+�`r�^5's�p�l,'S ar»� "�1 n„gt�+�:w,.,�:�.~'-.—_ _ _--_ �I..,C�Ttl S- R1EG-K-- - r:•,.'u; i`:�`o t�.QO'}y"^" ,-...,_ _rte'GQ�G.+ 4O'..5� Q C :{'4•iry`;�,;; CL 0 O Q V � CO (D Ill 1n RECEIVED AUG 2 2 2019 Zoning Board Of Appeals Southold Town Zoning Board of Appeals Re : Posillico SCTM: 1000 - 110 - 5 -42 & 43 Exhibits : Area Variance for Lot Size 1 .*'7 f� _ RECEIVED .q, .� i V ,G.e.F.F't`Sb. °-n•. 15 d.0(��(�`'�@ a pN \ D ` •:y'f .�5.: .�'`^'+ I�,.{ !g U C e+—^--- � R\1 7•RR. \ A H6.57 r4 ;,.➢s, Flt""i - •W�,W �s '^ M"� O vdN 5�a'2 Sa1�s 9( !31.95. `o ��� 3o2rd Of Appep s �.{ .�y1.�• \ .. FILED Iz3 60 R.VG�Jt 1-I ' S h�1� .' - '-'Tye, �y p``. � �� M B��N; �6esrrrier• W�`ti� is 1�G2 d'Y N '7 q \ n ll e 4 14Jrv'2 H 1 98 A/vs ,k r n N ' NNIudAM E.BIIPP W `. +wF ,Sao e'^'• Cle1h al SAA Caunlyo'` l Y��• •,P¢ Fl ,l�,Flf \` O S A.`)N r5\� O Y`t .9,� 6 i1 (mF -r,-f Ho% Q cahi// 67, ��'�x l Ioew• /y , p`\\ ' 110 m L `��� %•',P"{''1 6C, c send 5, t $, Q� . 9iR.•ti . 2}'• a rc - Sn.,d vlorr• I \ lh nN \` /fU✓i YF P. Ty�ico/P/o \{` n Z Edr"�'e> /. "R1 Ef 8 �j `-�� > n� 1y �1 ' ��; Q � Ms o7F 4•�f/�'� :��x.:ls:-, , t( •� � v.V� R1V7 � .,... K,d' � 1 , 0 /ce.c�`pi /• t M,cl P {ala n n Shaw o '��.r'V ; 0 01 bl /,2 `. S/7'UA7•E 01V1 t ,6a.o /sa Jessup aV [rA G..7� 3 ,�.•�z `, p} ` T of � `+ � .. r 'esr � 3 "`•1�� Ey}y 7"JOW" OF SOU7-HOLO •\ c \ o t /3 �" e J .':,t!S' ;I 'SUFFOLK COUNTY, IV.Y `NfVJ{lf 7 4l �eLueia �' 1'yi \/6001 `� Is0.0\ - f•. S ca/e /OOre/n d `\LUiSGLT'c1� ee� ♦ -+`t.a vol r,dh,c ' ,� ��" Vanr/crback 1\ V����`�. q' •, \� � Ga4bar 4{�!','� _ AREfi 7.87 Hc/3ss _ / a,c /sc.oo ,vs,o _ s.S7v 4210 "w• a60./Sc0 Owned And dove%ped by the s o v T _ c STH TE OF GEORGE k FLEET 'CGI7Ch0ue,/V,Y, a as T .' � We herebycergy w „ t SJ` k..t; ;' ,;^`"''..•.. f'P /P ! tho7thi's maPwosmac% .SOUTf/OLO,rdWN PI-ANN//VG BOARD byt/sromoct o/surveyscvmP/eYedMar.I/962 P pr `t i,I • and t o7 concrcPe mon mentshdve been set i• i �' - .L� - •. �'�" • � aTpoinfs sho wn f/ias:a � '�-��' ,rt Choirmcrn Ot/o w.YonTuy/$ AHS tiTa G'icenscd LondSarveyors �s�.,; �l �'�: dd�-Ss fie i 1'150 �7y, 11' Imo/ !w F�rnAe •••. -m' Y. �, v •- ` ri"min, �} �I'a+ ;ui��1„'1 bun✓a• �'�i.��I P.:'v 111:..V B"� , •� � C .iF:7 �; 4° •r /B"Dr nrtiJ./Jjein/.y NOV gP 192 inmarfar �,e"T�'j✓� �` ., p u Cdr '� • jG'y.r+'„';vp.,,�.. - •S'tl�' ":';•"'E, _ /,s! SUFFOLK COUNTY UDPART!lENT OE f1EANH, KBiiGS��C,HUFF ?�;t:.�:'• ,' '~ d�a+Yfl r 4I,IGg s - " •' l'. eicd'X/6concv. Riverhead,NJ.. (yerk DF SLft9Uc ODA , ' 0 FS �.��•+�\p' 91.r_•',.' •� — fa 4%rd—ll �, This in to cortify khat the proposed errangemnnts,for 1i'+7 ,',,f'. "^�1'' - ��sPm/ voter eupplY•end eenpgodsspObAl, far Fg srw�os - N rsr:a rF ,. ._ fn.hofY.,.•Sx>o�-w,ncn r pn ' d1 ,a';Xx r ti,d w >;•1 f' nate 1a Fon of such.' •` �1 Ti- � \ �•� - Rere eppprrovgd.on aha.bdvo,An;q, i fi iK- w. _", 1 _ at,•;1` facilltlls•e6all;bn in cUnformgaao,hith the appioved•plans % �• $ ,1P'�F�'Yrm '• yyy/P,y„�f�' ;{),"""T'- -find curranl,,stenderGs of,the Cd,unty Dnpartm%t Cf He.lth,' / r- ,J'/ai^• ,QolisenV1a bereby gime for tho Flltng'of the rasp nn 'p ,F-•T,, ,h, '. n' •'� vWb thfa anAoreament app-r. }n the Office of the Co4nty 1 L• ,Fo Pocks YCM Clark !d hacordanaa vitb 600tfan 2 of Artiole V1 of.the _ P +< w': ,:�':7!;�'T_y�?iCCG(• BI/ r'. .Y*?. 'Be olk'County 6an1, Coda. .. _ r- ii-5'4`= "r+ .� r+eur ,"�`•' '.,.� .,klkd" •�,, �^ CT) OL 4 ' Q {/j A I _ � � ,N �'J r - %� _ �, by Mrd 1BDrvrsronr I UO %b MACE=Fce f �B�us Q s50C1-res 3� Asp ,SECT/LQnl TVVO 209 09 G? A-r CUTCHOCLIS 7=:xr� +A � SouTs�osnp, N.Y. 11 AMW s sic. ! 1 t l ¢I 40, � ° I ® L-0ca-ria•t MAG Ct Qo. � - JP. � ` •� ( � ` ' 'Y Scale:Boo'-I, W Y8� 3g,o zoo` —`�, '",� ey cow o sptE g n Po (3 r 0 TE st-r fl,eou.cly Tom hA*Omsi-j"W O". en pi,nr v�I . fti.l,S; ;yzy 16 i _ " �• �•� p PrntAtaas t�� a•=�om.�Age:- - PbYoe ll� fo+iq 50 fu►*m r Zubd!'vich d; 'e x'06 0� Gj ?�O _ - Cotrhwrs Roar Surf Co.0.PW,axenic!; a. NcrFe^ 4o eneraf- Gm.146Vtfk ZWOlk 40tes. � x�wr.uuuu..rn.nun o.wsmwn A Y W o Or '=S• .. TK,IOH I]OV OrF sxe pVOl♦[STAT, y mW.Aita�ur G r�r+s_- � h°"'t; "ffv Cor1[sasxu ssnrir.A.wTstAs.n nm oro LAvnoaS ntm ssµW �fC Qd p A t�S T .A ]!k SxW Wi■COQ®9 8•__ to r A vAou ft&. 70,1999 Ars( 2g,1982 qr ewwa,es woKum nrAeor.W. tm May ZZ •� p E C ..Ito nc vs:son tai wwAs,m'sr. (CdC bf�Al�JYL„�?C. ,. rs nfOAUD,Armon na+Host ro 1M ""'�—JQ' !Y ( nrt,mwvn• oruwmau Ae3 LT. Ar ✓q.�� "7s C wmwe�,�,v,mn�:,ee AM -•--------- ro me Aurrus a nrt smm�e p. A Y 1 rorupOHAnoiuo,AwnwA..�w,�,aAa.. Lica"ead LarvdScw�yors � owwee �r�bonf ^- New York , w' •• `` I 1 4 K"Zvi — MlNZ7i�` �LId97F/!'31�2d�/ — k MAP OF QPE,ery it `, �� �I � ' * 4; may, MAp{�"IAL Q t �d .• j i JOf W -WICKNAM Ar JFA Y. i. '�'J:q .� ��0 1{1p� � atco�s} �'�°ys\ ��^�v�=p.",'`.,"iTM,.,•. -AUG_ 2.2.2019 {Y � I �� ;MI�'yX'Ia`�•-aly� �.,,_ - � � aha `;11 Board/,O49 f app Is "� p .loss, rr�►: 1 I`Lb }+ r iBiu i! Bw71liht�sona'A-c .y, / , l eater►sn AIIpaA/!/a*-I/O L a-OR( PIb mad Oi vip10n Nov,1719X7 r '' t M�ii �►rwrruyi RG - - A-%Vg4PfdO4d----••;__...-r/wv ! � jf /� v00% r �' "r �t` LT A y Y. t5 sf9rtidr l r �/esiG c t,9m 19PPROV90 t 1 d VOCLARATIONOft'OYA•N M ANO R BTRICT/ONd W k?1 t ` SO(/THOL� TOWN Ago/F14rL427NTNt "{ 4.0' 0. L RKOOc+PlC61NL/8SQ/l/l4 P466.1 P�.). f�6 P4Al1NlNG OoAR ti 1 i r.;,. r•,•••}t„:'(Aji•n`•if:' (,:It rr( n fdHY,Gts,:�tFMA"Oullp B •�' r ' �"T=•IY &73YL_7TVUD??EIT1iY_- "'tt,(;: y•(ndUtr'!,d 11'.t) 'CH '! A —'JOF'IN3�"Wl07C((pM•ANNE'"L',-W!ClG7 - ZYMMMT K,=kVlclL HAA(, ( d'• fIS, g{t�/� E:,f t.. ...•,.,,9,,..C+P:.'',r fW .Lr' No, eti s:Rvlt•.,; t'1 ')1 �'1 . i.! �` i,t:../W..•r P.t Y(G•;•kt:•il ,.Il nl r•.rF is Ptnl.ct wwu ) •�l�f r 't';t`•7' ••'' 'tv d• t'�'Y rn olPArl clo:lr 1 , qV1 �p'°1 tai S 'a !m:y Re i ,zl•,}' .f..A� �(l�N. �®o OFC ! e�lc+;� �rr•.�� _� .'i�f.j xr':•r I •II wrcel5 Po1+' pp_ I •RD °i' t'roost tm nr�,;.r r l c.�,•,f v LFD 0 L 091992 C 9 1 I� 2 &ttFGWr1Fd7 P.R01W,E�L” � `Y. r. ,i�•r ss.9a•rlal f1•�1-. er llruell•.n CI rig9 Y �iv,rP clt IR!L..feel r cp ftK4r"99PFQt1(tpUtrlY ttd• l• 1 .1,rt Uw u't.tbnenl,kNoclke nt tlnre of ' r F ! I i} t � • I�ti i _ , 4'` • - + n, aq IS'F. - 3-/8.36 •j`, pL-S-,'. _ -+3'to� r r ✓%'. Ice\ G6.58 171'?8 Q �I (r _� ! If, 40,001 sq fl- m 40,0C, z.r Ff _36,087 sq Gf I T194.20 1 199.13: - 73.73 AP'PAOVED BY Pl.AiMNING BOARD C. ,_ 1 arc• ._.=ev-S��j.,; crret:<•vr.!r oh;penal i 1`�t•'`--"-•� ?� +i ! LA - __,_!�—'�6 ��_� sy stcr•.:s frr a1, ,t 1•N w":r �.J+rfcr•rn fn•H+.. _ � ` ( wrsl PI 4.,Mt' sl t!% 'i a•tc,rA.c•,•as crf I-hr .x.))•• �L.. _a.nic,'Lrtil- - L X17 .'.ROJ^nl:/CTl't'Y r"'OM•!^�3u H-�r,[J fYOrrT - A [^ r' .�/ i(��` r.�/ .�C+•�;.> m¢rrl t 4rTix—v ",dw'l-o)CO-1, loi- + !;c;-I•CfiO a:JL' rilYl.jxsr I rr.Til�cli5cl'a+r'�!ttl on-fp :GaS•�toad. i � Mail 22, r.a79 2.Coroa(.,�,c 1 1979 'ONAUmC:M ALTTkATION OR A-TIOn // TO Mf SU 2Y IS A VIOIAP04 OF i NUCATIONrU M.WE Ni✓I[')rX STAN _ Ma�rpNd r b. 8, 1979 ! TOWN OF= CJCJ7�(rJ+_ .NY/ cc.0 al• •:J J ,:Aawc i� ,c. F� lhs .r f�''rr :tbdi•:ir�ru F.144-^.• �, Js 'k OR ;e fo.. rrt,nY..:ir C:-.).f'.Y✓.�erral �O.^.=iGfG! LF!,iV�f�J`r�t. r� RECEIVED BY - -• ' (� +•ALL P.`JN TH� T All J ?` lKsIRRve. 1f Cor[f 7-ax i1e5/atu�iOn LJCen v V4 jii WJ nrre F M !r}Ci 7� ! SOUiNOLO OwN OARD :. • "r� -w �'a5pr' n LL c_ _ .•A trxr ANo JJ..T.IJO ct 1,' oaL 16,r-L-1 It. 6rF err Now Y rk �N^:lw L_^r.',:.l._f.S n nON,ANO ' - t .,�::•T3�-•�.0 iY : •,"J.�.�] TO Tr:;'.S+G.u'TT+•.Lfr�I�vO1N5Tl- DATE ..;c..r:.i.cc�..-.°^_••,'—__._...,.____... r___.,.�� _ __ _ _..__ _ _ __. _�J . _ TO A.A.O`_l M6TITLRIONS W SYASFj116{R — (6O_6 w4a¢. • ptNtV,(000 , • �pAO �OLJTHTP/✓ C SOS 2oAo .�' ,• T 1, r._�� 4 U• I ` ,t rFou,�G{q,,Hau se ll! 3 a� 61 fo 00 0 fo s `qy4 1. ' �-.f', '�:.''' - $•:r� � sus `�' tVRr. `'�.0 U41011. T 11 1` •� „•y"`+• !,�',, ••ay *••"(yi f'• _N 6lou /��F f uqi I Tom'"-�y�k Ufa' N �le�t s lf•: in - ( � fn ` PLAO� LO-T S. ?;aft`' ."-„h; •�!l'7;. ;• "' N� VI t N - MADE� FOWL " (_ IST E P to 03 C U-T-C H oG u e, N.Y.• PO tag �A ScCISe t 40'a 0 -0CD Ca :•p. .' ., - iron pipe ut�rG+r�AcG! o�Gr<-771�c Guvrrn7 rc `-_ _ Surv�y�d Apr(1 Z;•,t95 . �'�i�lds?f .C�p+.uya/tl�rNcr�`hFcriEBrinf4 O�-Fo W. vokm-ruy1 SorIN ' •�'�rusJ`'�:drs r*avfsed Jure /9,/9s'8 C2evised Sulu z,1957. >-ic�r���d Land Surveyors � GYeG'H pO�'•t'. C•IGW �OY� =t m s! .ate'. r�a.:'" ''...�"�"sem v''''.f,.~y�'•..:°�" --------`- ���. i � S�S '�Caa7niV3�f: 'O r �� Agri --�__--:� :ECEIVED AUG 2 2 2019 Zoning Board Of Appeals RECEIVEPe AUG 2 2 2019 JJ Zoning Board Of Appeals Fleets Neck Sept. 13, 1962 Cutchogue., New York Page 6 -_ _,GRANTED permission to use .property. as a, s-eparate I t_ with .reduced front.age......S/s.SQuthgrn Cross Road,- Cutchogue, New York.- r I I i ill�'II III �. IM. : 14 _ 77, `•�DLJ—T H C 2.CS5 COAD N.57`�42 E_ 3'74.9T lOA•57 90 O I 90.0 9d.O D' r 1 r 111 ;PoundC. � I . ll 3�3 + � H•u se 79 i k v a � aim 6 �m 17 to .M Z i�,� IN r•m ��1, ��' 41 :4 .' •�5.�> 91.6.7 Ire in 41 fd Id fu F.� ,i�'°�' ^�h5i :�(:� t'icy, 'A+T•'��:-ot � ' Y�c;; �;''fir..":{yya•-., [ - - Q � - PLAN Ov= LO-T'S a IN N MADE FOTZ ~J to V w�;.r� :y� ::. e`' ;�,• eo.6 s- I Cu-rc� .Y o c' ��'{�+le.;' n�, tcw',�•j•'�,V�` ,"•�. '•• •� , t6S.33 ?�h•J A �'Y �,�":3P"'c!•f.,. (�^� �{ 40•�t/,•'�-�+�..—�� Scd l e 4p._t p O" b `phi;;:;�,;,;�', `,,��'.�`� �,,,'`".va,. ��:.'• a =mo h um e H•F D � � CO ;,'•^�,,,�,ri a�'�•.�••.r.,G;'4%•fi i -i von p;pe "p - 1'��--•,Z- ua .ru•a i.;.;� ��Fto W. Vcx r�Tu t�1 �Sort V1 .. .•, ,���; ;^�a'�,,',i;'��%f`�Ccevis�d JutK Z�1`�5?. Licer�•s�d �ar1d Su�rv�yc�rs, 11 S-ecev%pc Yy t', New Yevk. i i RECEIVED AUG 2 22019 Zoning Board Of Appeals PN�w�a AUG 2 2 2019 Romeo D ning Board Of Appeals �� Q I • KA IS.EEN S. FFiAL E/GH R 1� w N L i's P r A T z 'r I I �L EE_ T S NECK all � � Y ((Y Cuti--c/yo GuE,Oil N. Y � a I 4.0,—P � ,'h � N•7p�`c�c .~. `(, n fr c'biy `• cc-^'naJ..•em,a s!att � /�~''�'[ 4� X11 \Y On::.�'Ot NO NaY•1'osk n � � �(sC. b l�r� • C� ��.-a tnvr. �7 � t0 � ^�.•o � r1 V .c•k=r'rhla ra+M^°P r'01 WzmY �' t _V Q vLrd surveyor Clbwd Bac •t � � ...va•.vuJ seal eentl n�Fa ch onek.tRd C .o L,a wlld e-COPY t L�h/i'%• J O � fuammcor IedkatK ham^�1er +/i is ff m lna M•`oO,=m ,� �• ��W rw�_ ,�1 p •u^ah, and an Na b7To1:to tho"d •6'�f'7�,p ` �I`J 3'�G !` 2C' h n.I'ru�e^aY.omemmoetel o-'.rxt' I •.�,a•Ymtfon OYud Ira:umi�• 'Ly,_.9p. ((� /POfOOtci✓ �.•:ro�,.;+aaom of the londln0 43 11wisore not tran!mrutda S•d9oJ/,"� � �wd S•�r�.� ,y l lnutudona oraetnA;u.m rL:: �'4crC7.p /i�O�LrfOltl .tr-.a I ' • Q I /��NE;b� - . t`a•y��y� f� 3 {••- Gva • O/I//S/OY! - �h1C'Y/CQyT /f��G !f7$�rirl.7i'�!E' • CovpatlJ and Ia•-07c Sccf,��rofo� ��57- �.0�� •�at�i���s gGt't?/� a's s�rFrve�f�c>! L1U.Yle /��� 19�6• . Van Tuyl and son .•'><• L/c�h_sem � l.�ar�c/ S�.rrv��ous lA pro16 'm ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: August 27, 2019 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7353 Posillico, Vincenzo 954 $2000.00 RECEIVED EQ AUG 2 8 2019 outhold Town Cler TOTAL $2000.00 Sent via Inter-Office to Town Clerk by: DW Thank you. - - 50491/214 - 954 ' 9 VINCENZO POSILLICOP�IX Na�a6mpp myA° i MARGHERITA=POSILLICCI a 145 HARVARD STREET , I WESTBURY, NY 11590 � - 20,/9, , y To "Che Order l Of. # W�r,-tcs_ n_ � D-✓ I P Dollars CAPITAL ONE BANK CAPITAL ONE,N.A EFor V 6-1 G•��tv r � - �� �OguFFOl��O ELIZABETH A.NEVILLE,MMC 0 Town Hall,53095 Main Road TOWN CLERK a :! P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Cie Fax(631)765-6145 MARRIAGE OFFICER ,f, ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 28, 2019 RE: Zoning Appeal No. 7353 Transmitted herewith is Zoning Appeals No. 7353 for Vincenzo Posillico: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement /Short Environmental Assessment Form ✓Applicant/Owner Transactional Disclosure Form(s) ,/Agent/Representative Transactional Disclosure Form(s) _,,�LWRP Consistency Assessment Form _,/Notice(s) of Disapproval _,,.-"Board of Zoning Appeals Application Authorization v/Certificate(s) of Occupancy �:::YFindings, Deliberations and Determination Meeting(s) --,/Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) Building Permit(s) Property Record Card(s) ✓ Survey/Site Plan ✓Maps- Drawings ::YMisc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) %/Misc. Paperwork-�a�c �;sS ,wn of Southold P.0 Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/28/19 Receipt#: 259720 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7353 $2,00000 Total Paid: $2,000.00 Notes: Payment Type Amount Paid By CK#954 $2,000.00 Posillico, Vincenzo Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Posillico, Vincenzo 145 Harvard St Westbury, NY 11590 Clerk ID: JENNIFER Internal ID 7353 1 TYPESET Tue Dec 17 11.06 48 EST 2019 j PATRICIA REDDINGTON #7360 - Re- LEGAL NOTICE quest for a Variance from Article III,Section SOUTHOLD TOWN 280-15 and the Building Inspector's August ZONING BOARD OF APPEALS 23,2019 Notice of Disapproval based on an THURSDAY,JANUARY 2,2020 application for a permit to construct an acces- PUBLIC HEARING sory in-ground swimming pool at,1)located NOTICE IS HEREBY GIVEN,pursuant to in other than the code permitted rear yard, Section 267 of the Town Law and Town Code located at 240 Bittersweet Lane,Cutchogue, Chapter 280(Zoning),Town of Southold,the NY SCTM#1000-104-2-7.7. following public hearing will be held by the 10:30 A.M. - PAUL AND MARIA SOUTHOLD TOWN RECREATION BLAZEK #7358 - Request for a Variance CENTER at 970 Peconic Lane,Peconic, from Article XXIII,Section 280-124,and the New York 11958, on THURSDAY, JAN- Building Inspector's July 30,2019,Notice of UARY 2,2020 Disapproval based on an-application for a 9:30 A.M. -JUSTIN AND ELIZABETH permit to construct an addition to an existing MUMO#7350-Request for a Variance from single family dwelling,at,1)located less than Article II1,Section 280-15,and the Building the code required rear yard setback of 50 feet; Inspector's July 3, 2019, Notice of Disap- located at 670 Hickory Road,Southold,NY proval based on an application for a permit to SCTM No. 1000-54-6-7. maintain an existing accessory garage,at, 1) 10:40 A.M.-MARIETTA CARAVANOS located in other than the code permitted rear #7362-Request for Variances from Article yard, located at 2455 Nassau Point Road, XXIII,Section 280-124 and the Building In- (AdJ to Neck Bay)Cutchogue,NY SCTM spector's July 31,2019 Notice of Disapproval No 1000-104-13-6 based on an application for a permit to demol- 9:40 A.M. - VINCENZO AND MAR- ish an existing dwelling and construct a new GHERITA POSILLICO #7352- Request single family dwelling at,1)located less than for an interpretation pursuant to Article II, the code required front yard setback of 40 Section 280-10,and the Building Inspector's feet;2)located less than the code required rear August 20,2019,Amended August 22,2019 yard setback of 50 feet;located at 3700 Stars Notice of Disapproval, based on a re- Road,East Marion,NY.SCTM#1000-22-2- application for a previously denied waiver of 16. merger to determine whether the subject 1:00 P.M. - A L E K S A N D E R premises is exempt from the merger provi- MYFTARAGO #7346- (Adjourned from sion,at:650 West Road&719 Southern Cross December 5, 2019) Request for Variances Road,Cutchogue,NY.SCTM#'s1000-110-5- from Article IV, Section 280-15 and the 42&1000-110-5-43 Building Inspector's July 30,2019 Notice of 9:50 A.M. - VINCENZO AND MAR- Disapproval based on an application for a GHERITA POSILLICO #7353 - Request permit to legalize an"as built"accessory ga- for Variances from Article III Section 280-14; rage;at,1)located less than the code required Article XXIII, Section 280-124, and the minimum rear yard setback of 3 feet from the Building Inspector's August 20, 2019, rear yard property line,2)located less than the Amended August 22, 2019 Notice of Dis- code required setback of 3 feet from the side approval based on an application for a two lot yard property line;located at 135 Oak Place, subdivision of merged lots,and to legalize"as Mattituck,NY.SCTM No. 1000-142-1-11 built"additions and alterations to an existing The Board of Appeals will hearall persons, single family dwelling,at, 1)both proposed or their representatives,desiring to be heard at lots will be less than the code required mim- each hearing,and/or desiring to submit writ- mum lot area of 40,000 sq.ft.,2)both pro- ten statements before the conclusion of each posed lots will be less than the code required hearing Each hearing will not start earlier minimum lot depth of 175 feet,3)"as built" than designated above.Files are available for additions to the dwelling on Lot 1 is located review during regular business hours and less than the code required rear yard setback prior to the day of the hearing If you have of 50 feet; 4) "as built" additions to the questions,please contact our office at(631) dwelling is located less than the code required 765-1809, or by email: kimf@ side yard setback of 15 feet,at 650 West Road southoldtownny gov &719 Southern Cross Road,Cutchogue,NY Dated December 19,2019 SCI'M#'s1000-110-5-42&1000-110-5-43, ZONING BOARD OF APPEALS 10:00 A.M.-ROBERT AND STEPHANIE --- - -LESLIE KANES WEiSMAN,- - -- - SWING#7356-Request for Variancbs from CHAIRPERSON Article III, Section 280-15, Article XXIII, By Kim E.Fuentes Section 280-124,and the Building Inspector's 54375 Main Road(Office Location) September 19, 2019 Notice of Disapproval 53095 Main Road(Mailing/USPS) based on an application for a permit to con- PO Box 1179 struct an accessory swimming pool and to Southold,NY 11971-0959 legalize an"as built"second story deck addi- 2431520 tion to an existing single family dwelling at, 1)swimming pool located in other than the code permitted rear yard,2)more than the code permitted maximum lot coverage of 20%.located at 1745 Bay Shore Road,(AdJ to Pipe's Cove) Greenport, NY SCTM# 1000-53-4-7 10:10 A.M.-JOHN ARCARA AND MI- CHAEL SCOPELLITE#7357-Request for a Variance from Article III,Section 280-15; and the Building Inspector's September 19, 2019,Notice of Disapproval based on an ap- plication for a permit to legalize an"as built" accessory pool house;at, 1)located in other than the code permitted rear yard;located at 3905 Wells Road,(AdJ to Richmond Creek) Peconic,NY SCTM No 1000-86-2-14 10:20 A.M.-PATRICIA A.GRADY,aka #0002431520 . 164? s� 1 STATE OF NEW YORK) / )SS: COUNTY OF SUFFOLK) Kimberly Gersic 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 weeks(s),successfully commencing on 12/26/2019 Principal Clerk Sworn to before me this day of �l cNRlsi►NA vouNsul NOTARY NOLO VTATE Of NEW YORK 1505() 6ualitied in Sullolk County My Commission Exoires February 26 2Q20 TOWN OF SOUTHOLD -7373 ZONING BOARD OF APPEALS Appeal No. /dJ; SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS (Name of A icant/Owner) 11 CDS �N�� a Iq _�PYn �f65S q,I I�/�� C 3fit1 Q, SCTM No. 1000 O (Address of Property) �— (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (�) Agent residing at � � New York, being duly sworn, deposes and says that: On the )(D day of peCg�Co6 r , 2019, I personally mailed at the United States Post Office inNew 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 (`f.) 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. bjb� (Signa e Swo to before e this a BETSY A. PERKINS , day of _ - , 20 I Notary Public, Stale of New York No. 01 PE6130636 r Quarried in Suffolk CountYYL��, of ry Public) Comrnisslon Expires July 18,.�1.�J 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. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK V05 1��\�,���0Z� AFFIDAVIT OF In the Matter of the Application of: POSTING /7 \ 11, S CTM No. 1000- U — S / (Name of Applicants) (Section, Block &Lot) COUNTY OF SUFFOLK STATE OF NEW YORK C U12 11 LO residin at I, o New York, being duly sworn, depose and say that: I am the (Owner or ( ) Agent for owner of the subject property On the p;P_ day of�_( , 20 �9 I personally placed the Town's Official Poster on subject property located at: indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) daysprior to the date of the subject hearin date, which hearing date was shown to be i 1 (Owner/Age t Signature) J Swo to before me this Day of )c4q . , 2007() BETSY A.PEKKINS Notary Public, State of Now York 0J No.01 PE6130636 otary Pubis Qualified in Suffolk County Commission Expires July 18, * near the entrance or driveway entrance of property, as the area most visible to passerby i Postal ■ • CERTIFIED MAIL©,RECEIPT Ln ■ Er Er For dqlivery information,visit,durwebsite at vvww.usps;comO.i Er Certified Ma -e�1 OS ❑ rtifieMail Fe � $$ 7 11 � 0A e s (checkboxadd fee ss af pprrc'PnateExtra—Services&Fees(checkboxaddfeeasappropnate) 7 Services&Fee q ❑Return Receipt(hardoopy) ❑Return RevelPt(hardcopy) Retrn Receipt❑Return Receipt(electronic) $ Postmark i � }• - (electronic) $ y F O ❑ Delivery H�e �19 {I 0 ❑CerufledMallR $� �OS,ff Certlged Mall Restricted Dellve $ U ✓ O estricted Delivery $— \ v O [-]Adult Signature Required $ 0 I ❑Adult SignatureRequlred $ Here [:]Adult Signature Restricted Delivery$ - / / 0 ❑Adult Signature Restricted Delivery Postage ''� / E-• Postag 1 i M ro Sayward &Stephanie Mazur CO Its My Way LLC ,a o c/o Brautigam 0 180 W End Ave 28L I----.---•....,, New York, NY 10023 r` PO Box 1246 Cutcho I gue, NY 11935 . • •r. CERTIFIED r3 RECEIPT' Postal Servi ce Er Domestic Mail,Ohly CE'RTIF1 r9 r ". ItDWAILP RECEIPT r j ODomestic Mailioniv Certifled Mad Fe tt $ Certified MaII �! Extra Services&Fees(checkbox,add fee as appropriate) �� � Er I 1 s r9 ❑Return Receipt(hardcopy) $ �> � Y`-•. ,� $ (electronic) $ .•J•r Extra Services&Fees(checkbox,add fee es appropriate) p Return Receipt electronic •,!` postmark�.7\ p(h�0e r'91 El Revel t / PY) $---�1 i OO Certified Mail Restricted Delivery $ �•'�r Here '�"'z � l� [I Return Receipt(electronic) $ ..,f ❑Adult Signature Required $ ) r;1+, - p PQstik� r 1 1 U l ❑Certified Mall Restricted Delivery $ ,� - P❑=dgulet Signature Restricted Delivery �J��`� li O ❑Adult Signature Required 'Mere Ir _ O E]Adult Signature Restricted Delivery$ �_�• 1-3C3 M Er CO M 4 o f Peter&Julie Bohan - Charles & Mary Lou Brautigam N 11 Cambridge Ave -- - -.. 1 g o PO Box 1246 Stewart Manor, NY 11530 r----'--___.----— Cutchogue, NY 11935 'postal CERTIFIED , 1 RECEIPT■ • i Er t(] • Ir 'Ddmesth�Mail Only I 11 rq • Ir cr Rd 1A L r Certified Mail Fe �;� r� CO � ,•1 , j Certified Mall Fee t $ t ,d'r 1 $ x v Extra services&Fees(checkbox,add fee as appropdatsl, ❑Return Receipt(hard-PY) $ ��W( '��Y - Extra Services& ees(checkbox,etldfee as �f ,� } 0 ❑Return Receipt(electronic) $ POSiTark r-'� ❑Return Receipt(hardcoPY) $ r <� p Certified Mail Restricted Delivery $ n 'Here ❑Return Receipt(electronic) O ❑Adult Signature Required $ ) lget l7 ❑Cert fled Mail Restricted Delivery $ ( •• PQ��1Srk� []Adult Signature Restricted Delivery$�' �;;q/ ❑AdultSignature Required $—j-!I� re ❑Adult Signature Restricted Delivery$ Postage' t;� - --—— - -- --- / m ,: !�:,/ ,I � Karol Filipkowski cc l Gerard Milito E3 PO Box 356 iI --- --•-- r_1 48 Boyd Street Cutchogue, NY 11935 I -----•-- " �` ' Long Beach, NY 11561 ------------- ---------- ' :.. •. r .r ,,,•. -------•--------- r .r, r - t - I A: Signatur ■ Complete items 1,2,and 3. N Agent a Print your name and address on the reverse X / ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of qplivery ■ Attach this card to the back of the mailpiece, �- N r or on the front'if space permits. /L �7c✓5 L 1'i t£'- 1 1. Article Addressed to: _ D. I9 dellvery_address different from item 1? ❑Yes ---- If YES,enter delivery'address below: ❑No f Karol Filipkqwski PO Box 356.;,- Cutchogue ,MA1935 y3. Service Type ❑Priority Mad Express@. IIIllllll IIII lIIIII I IIII I III Illl�ll IIiI III III ❑Adult Signature ❑Registered MailrM j ❑Adult Signature Restricted Delivery ❑Reggistered Mail Restricted 1:1 Mail@ Dellvery i 9590 9402 3554 7305 8043 69 ❑Certified Mail Restricted Delivery ❑Return Receiptfor ❑Collect on Delivery Merchandise d Delivery 13 Signature Confirmation"" ❑Collect on Delivery Restricted 2. Article Number(Transfer from service IabeQ Q Insured,Mail 17 Signature Confirmation 1 1 1 1 t! { 0 Inured Mil Restricted Delivery; i Restricted Delivery S it1 , it . lit.i 1 1 1 it . 11 '(over$500)- :PS Form 3811 July 2015 PSN 7530-02-000=9053-' Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS .lf q 1 SECTION ■ Complete items 1,2,anA. Signature d 3. ❑Agent '■ Print your name and address on the reverse ❑ dre ee so that we can return the card to you. B, Received by r ted Name C. Dat o De I ery ■ Attach this card to the back of the mailpiece, �I/ �, 4 or on the front if space permits. �4 1 Article Addressed to: D. Is delivery address different fro Item 1? ❑Yes If YES,enter delivery addre below: [3 No 1 Michael & Edith Kealy i 69 Chestnut Drive Wayne, NJ 07470 �I 1111111 IIII 111 I II I IIII I II I I 111611 III I I I I I Ill 3: Servide Type ❑Priority Mall Express@ [3Adult Signature 13 Registered MailII"mrM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 0 Certified Mall@ ,Delivery i ❑Return Receipt for i 9590 9402 3554 7305 8043 83 ❑C,ollectd Mail Restricted Delivery Merchandise 13 ollect on Delivery ❑Signature Confirmation""' i ❑Collect on Delivery Restricted Delivery 2. Article Number(Transfer from service label) ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) Domestic Return Receipt PS Form 3811;July 2015 PSN 7530-02-000-9053 fU • . II N Ln r-I Certified Mad Fee Ir Extra SeNlces&Fees(check box,add fee as approPdate) t ardcoPY) $ "`�PDSt arks ❑Return Rece p(h []RetumRegeiPt(electronic) $� Certlned Mall Restricted DellverY I1 ]Adult Signature Required \ [3AdultSignature Restricted DeLvery$ ll Er C3 kins, °�I ' ,�' Conrad &Deborah Hop I��, „ r- 25 St. James Street North - """__--�_ r` Garden City, NY 11530 I�--' . , MAIPRECEIPT Domesticru Only Er a r, Certified Mad Fee $ Extra Services& ees(chackbox,add tee as app � ❑Retum Receipt(hard copy) f `'i, Post Q�rK C3 ❑Retum Receipt(electronic) $-- 9t / ti C:3 [3CertifiedMall RestrlctedDellvery $1 C3 ❑Adult Signature Requlred [3Adult Signature Restricted DellverY$ Postage C3rn a I ccMichael &Edith Kealy cc ---------------- 0 69 Chestnut Drive r` Wayne, NJ 07470 - -- -` BOARD MEMBERS ��®f S®���® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �Can,� Southold,NY 11971 http://southoldtow,nny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 2, 2020 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 in the SOUTHOLD TOWN RECREATION CENTER at 970 Peconic Lane, Peconic, New York 11958, on THURSDAY, JANUARY 2, 2020. 9:50 A.M. - VINCENZO AND MARGHERITA POSILLICO #7353 - Request for Variances from Article III Section 280-14; Article XXIII, Section 280-124; and the Building Inspector's August 20, 2019, Amended August 22, 2019 Notice of Disapproval based on an application for a two lot subdivision of merged lots, and to legalize "as built" additions and alterations to an existing single family dwelling; at, 1) both proposed lots will be less than the code required minimum lot area of 40,000 sq. ft.; 2) both proposed lots will be less than the code required minimum lot depth of 175 feet; 3) "as built" additions to the dwelling on Lot 1 is located less than the code required rear yard setback of 50 feet;_4) "as built" additions to the dwelling is located less than the code required side yard setback of 15 feet, at: 650 West Road & 719 Southern Cross Road, Cutchogue, NY. SCTM#'s1000-110-5-42 & 1000-110-5-43. 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: kimf@southoldtownny.gov Dated: December 19, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS : 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 1st Floor 54375 Main Road and Youngs Ave., Southold website: http://soutbtown.nortbfork.net December 2, 2019 Re : Town Code Chapter 55 -Public Notices for Thursday, January 2, 2020 - - - - - - - -- - - - -- ------------------ ----- - ------ ---- --- -- - - - --- Hearing '**LOCATION FOR THIS HEARING ONLY SOUTHOLD TOWN RECREATION CENTER LOCATED AT, ;970 PECONIC LANE , PECONIC , NEW YORK 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 December 16tH: 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 mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. 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 arrangementswere made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than December 23 Id : 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 December 24th : 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 December 31, 2019. 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. F HEARIi4oi+luTli. E The following application will be heard by the Southold Town Board of Appeals at Southold Town Recreation Center located at 970 Peconic Lane, Peconic: . 'AME : POSILLICO , V . & M . #7353 4 CTM # mE 1 000- 1 1 0-5-42 & 43 , 'ARIANCE : BULK SCHEDULE YARD SETBACKS F11EQUESTm 2 LOT SUBDIVISION , LEGALIZE °°AS BUILT" ADDS/ALTS TO DWELLING SATE : THURS . , JAN . 25 2020 9 : 50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING 30ARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERS ��OF SUy� Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes iQ Town Annex/First Floor, Robert Lehnert,Jr. Ol54375 Main Road(at Youngs Avenue) Nicholas Planamento ���UNT`1,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 27, 2019 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7353 Owner/Applicant: Posillico, Vincent Action.Requested: subdivision of merged lots and to legalize "as built" additions/alterations to an existing single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land - ( ) 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, Leslie K. Weisman ZBA h irperson Encls. Survey/Site Plan: John Minto, Licensed Surveyor, dated June 12, 2019 BOARD MEMBERS *rjf SOUTyO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road .P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. O! Y 54375 Main Road(at Youngs Avenue) Nicholas Planamento Cow, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMORANDUM To: Heather Lanza, Planning Director Donald J. Wilcenski, Chairman, Planning Board From: Leslie Weisman, Chairperson, Zoning Board of Appeals Date: August 28, 2019 RE: Request for Comments #7352 & 7353 Posillico SCTM No. 1000-110-5-42 & 1000-110-5-43 Enclosed are copies of Building Department's Notice of Disapproval dated August 22, 2019, ZBA Applications, and current surveys and subdivision map. Your review and comments are requested at this time. Applicant: Vincent& Margherita Posillico SCTM No. 1000-110-5-42 & 1000-110-5-43 #7353 Area Variances for Proposed Two Lot Subdivision Code Section: Article IV, 280-18, Article XXIII, Section 280-124 Survey/Site Plan: Survey (Subdivision Map) signed or stamped by John Minto, LLS Dated/Revision Date: Revised August 2019, Date Received August 22, 2019 Hearing Date: January 2, 2020 Note: We've also enclosed the applicant's submission for an Interpretation. The applicant alleges that due to death of a co-owner, that the subject parcels maintain single and separate status, and further alleges that the prior 2006 decision was based upon a prior Waiver of Merger Law, and that the applicant may request an interpretation based upon the current law. The applicant requests Area Variances for a proposed two lot subdivision if the outcome of their request for an Interpretation is not favorable. BOARD MEMBERS so yol Southold Town Hall Leslie Kanes Weisman,Chairperson p 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOU�T`I,� Southold,NY 11971 h4://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 February 24, 2020 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA Appeal No. 7353 Posillico, 650 West Road, Cutchogue SCTM No. 1000-110-5-42 &43 Dear Mrs. Moore; Enclosed is a copy of the Zoning Board's February 20, 2020 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Please submit two copies of an amended land survey depicting the only relief granted for the side yard setback of 11 feet, so that we may forward same to the Building Department. Thank you. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department Planning Department , N310482 j4 ,p ILI 41 11b 11, & %CJ 7 \A CH.D.9 "FCD-P5— C? ,41 K00- 110-5-4t -3 L 331 110-5-141 110 -q-20 110 -5 - al 0 4-.ac 0 103 SECTION NO K TOWN OF SOUTHOLD NOTICE COUNTY OF SUFFOLK E W� MAINTENANCE ALTERATION,ME OR Real Property Tax Service Agency y 110 VILLAGE OF - 110 DISTRIBUTION OFANY PORTION OF THE - County Center Ftiverhe.d,N Y 11901 m 134 SUFFOLIKOOLINTY TAX MAP IS PROHIBITED SCALE IN FEET WITHOUT WRITTEN PERMISSION OF THE Xe A DISTRICT NO 1000 nreR PROPERTY MAP REALPROPERTYTAX SERVICEAGENCY 0111, P 1 117 CONVERSION DATE May 16 X113