HomeMy WebLinkAbout1000-128.-6-13.3 OFFICE LOCATION: OF SO(/TyO MAILING ADDRESS:
Town Hall Annex 1p P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY 11971 G Telephone: 631 765-1938
�Iy,rDUN TY,�
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman,Chair
Members of the Zoning Board of Appeals
From: Mark Terry,AICP
Assistant Town Planning Director
LWRP Coordinator
Date November 3,2021
Re: LWRP Coastal Consistency Review for ZBA File Ref DAVID AND LISA CIFARELLI#7551
SCTM# 128-6-13.3
DAVID AND LISA CIFARELLI#7551 -Request for Variances from Article XXIII, Section 280-124 and the Building
Inspector's July 1,2021 Notice of Disapproval based on an application for a permit to demolish an existing dwelling
and construct a single-family dwelling;at; 1)located less than the code required minimum side yard setback of 10 feet
on two side yards; located at:2674 Peconic Bay Blvd(Adj.to Peconic Bay),Laurel,NY. SCTM No. 1000-128-6-13.3
The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town
Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to
me, it is my recommendation that the action is INCONSISTENT with the below listed Policy Standard and therefore
is INCONSISTENT with the LWRP.
4.1 Minimize losses of human life and structures from flooding and erosion hazards.
A. Minimize potential loss and damage by locating development and structures away from flooding and
erosion hazards.
The proposed addition on the west side of the residence would be located within a FEMA 0.2 percent
annual chance flood hazard zone. The proposed eastern addition is located further seaward than the
existing structure and lessens the required 100' Chapter 275 Wetlands and Shoreline setback.The addition
of structure in these areas could result in damage and loss over time from storm events; including
hurricanes.
Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing
its written determination regarding the consistency of the proposed action.
Cc: William Duffy,Town Attorney
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson ®��®F S®V� 53095 Main Road•P.O.Box 1179
® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes Town Annex/First Floor,
Robert Lehnert,Jr. ® p� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento lyCou TiSouthold,NY 11971
http://southoldtownny.gov
ZONINGTOWN OF ODUTHOLD LS KE C E Ill
Tel.(631) 765-1809•Fax(631)765-9064 JUL 2 2 2029
So Iht c�d Town
July 22, 2021 Planning Board
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold,NY 11971
Re: ZBA File Ref. No. #7551 Cifarelli, David & Lisa
Dear Mark:
We have received an application to construct demo to existing dwelling and rebuild new
dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280
(Zoning Code), and survey map, project description form, are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairper
By:
Encl.
Survey/Site plan: AMP Architecture, July 15, 2021
FORM NO. 3
TOWN OF SOUTHOLD \/
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF(DISAPPROVAL
DATE: July 1, 2021
TO: AMP Architecture(Cifarelli)
1075 Franklinville Road
Laurel,NY 11948
Please take notice that your application received June 24,2021:
For permit to: Construct demo to existing-dwelling and rebuild new at:
Location of property: 2674 Peconic Bay Blvd Laurel NY
County Tax Map No. 1000—Section 128 Block 6 Lot 13.3 (formers 13 1)
Is returned herewith and disapproved on the following grounds:
The proposed construction, on this nonconforming 16,749 sq ftparcel in the Residential
R-40 District,is not permitted-pursuant to Article XXIII Section 280-124 which states:
lots measuring less than 20,000 s .ft.in total size require a minimum side yard setback of
10 feet.
The proposed site plan shows a minimum side yard setback of 2.9 feet(east), and an
additional side yard setback of 8.2 feet,(north)
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: file,Z.B.A.
Fee:$ Filed By: Assignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
AREA VARIANCE
House No.2674 Street Peconic Bay BLVD Hamlet Laurel
SCTM 1000 Section 128 Block 06 Lot(s)13.3 Lot Size 16,749 SF Zone R40 NC
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED July 1, 2021 BASED ON SURVEY/SITE PLAN DATED June 24, 2021
Owner(s):David & Lisa Cifarelli
Mailing Address:2674 Peconic Bay BLVD, Laurel, NY 11948
Telephone:631-298-5500 Fax: Email:lisa@ccwindows.net
NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,
builder,contract vendee,etc.and name of person who agent represents:
Name of Representative:AMP Architecture for(X)Owner( )Other:�T
Address: 1075 Franklinwlle Road,Laurel,N.Y.11948
Telephone:516-214-0160 Fax: Email:imagee@amparchrtect.com
Please check to specify who you wish correspondence to be mailed to,from the above names.
( )Applicant/Owner(s), (C)Authorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED June 24, 2021 and DENIED AN APPLICATION DATED June 24,2021 FOR:
(�Building Permit
( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy
( ) Change of Use
( )Permit for As-Built Construction
( )Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by
numbers.Do not quote the code.)
Article: XXIII Section: 280-124 Subsection:
Type of Appeal: An Appeal is made for:
(X)A Variance to the Zoning Code or Zoning Map.
( )A Variance due to lack of access required by New York Town Law-Section 280-A.
( )Interpretation of the Town Code,Article Section
( )Reversal or Other
A prior appeal( )has, ()�has not been made at any time with respect to this property,UNDER
Appeal No(s). Year(s). . (Please be sure to research before
completing this question or call our office for assistance)
Name of Owner: ZBA File#
REASONS FOR APPEAL (Please be specific, additional sheets maybe used with preparer s
signature notarized):
1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby
properties if granted,because:
All properties along the shoreline in this neighborhood have been developed. The proposed
renovation maintains a single family residence
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 exsiting footprint of the building is an existing non-conforming setback from the side yards
3.The amount of reIief requested is not substantial because:
The proposed side yard variances requested are not substantial because the existing
setbacks are both under the required 10'
4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
The proposed work is consistent with the development of all neighboring properties
5.Has the alleged difficulty been self-created? { }Yes,or W No Why:
The proposed work is to renovate what exists
Are there any Covenants or Restrictions concerning this land? N No { } Yes(please furnish a copy)
This is the NIlNIMUM 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.
Signature of Applicant or Authorized Agent
• (Agent must submit written Authorization from Owner)
Swom be re rpe this �� day
Of 20 al
Votary Public
BARBARA H.TANDY
Notary.Pubiio,State Of_NewYork
No. 01`TAemoo1
Qualified to Suffolk County
Commission Expires 01/13/20
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: AMP Architecture DATE PREPARED: 07/15/21
1.For Demolition of Existing Building Areas
Please describe areas being removed: Existing roof and second floor will be removed
Exisitng shed at side of home to be removed
II.New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension•. 915 SF Total Extensions; Please see layout for extension dimensions
Dimensions of new second floor: 59'-3"x27'-8"Second Floor; 18'-6"x31'-1"Second Story Balcony
Dimensions of floor above second level: N/A
Height(from finished ground to top of ridge): 31.8'
Is basement or lowest floor area being constructed?If yes,please provide height(above ground)
measured from natural existing grade to first floor: Existing to remain
M.Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary).Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: Existing 2 Story Home with
small window areas and closed off layout
Number of Floors and Changes WITH Alterations:
Proposed 2 story home with open layout, second story balcony and enlarged window areas
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: 1,850 SF
Proposed increase of building coverage: 5 5%
Square footage of your lot: 16, 749 SF
Percentage of coverage of your lot by building area: 16.5% Proposed; 11% Existing
V.Purpose of New Construction: Renovate home to utilize space more efficiently, create first floor master
suite, install new IA Wastewater System &maximize views at site
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):
Flat land, bulkheaded at Bay side
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
A. Is the subject premises listed on the real estate market for sale?
Yes X No
B. Are there any proposals to change or alter land contours?
X No Yes please explain on attached sheet.
C. 1.)Are there areas that contain sand or wetland grasses? Seaward of Bulkhead
2.)Are those areas shown on the survey submitted with this application?Yes
3.) Is the property bulk headed between the wetlands area and the upland building
area?Yes
4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town
trustees for its determination of jurisdiction?Yes Please confirm status of your inquiry or
application with the TrusteesPermit Pending following ZBA Decisionand 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?NO
E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown
on the survey that you are submitting?NO 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?NO If yes,please submit a copy of your building permit and survey as approved
by the Building Department and please
describe:--
G. Please attach all pre-certificates 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.
H. Do you or any co-owner also own other land adjoining or close to this parcel?Yes If
yes,please label the proximity of your lands on your survey. Provided on survey
I. Please list present use or operations conducted at this parcel Single Family Residence
w/ 1 Car attached garage and the proposed use Single Family Residence w/
1 car attached garage (ex: existing single family,proposed: same
with garage, pool or other)
�Oe4&,& 7/19/21
Authorizdd signature and Date
FORM No.a
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building inspector
Town Hall
Southold,N.Y.
Certificate Of Occupancy
No. . . - 210663 . . . . . . . . . . .September-4- 81.
Date , ., I9
THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Location of Property 2650 Gt. Peconi.a Bay Blvd. Laurel, New York
House 11l0. Street -Hamlet
County Tax Map No. 1000 Section $ . . . . . . .Block . . . 46 . . . . . . . . .Lot :. . . 013 . 1. . -
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office dated
April 29 81
, 19 . . pursuant to which Building Permit No. . 13;]28, Z - , , _ - - , . - ,
Building,
dated . MaY. 5 . 19$1 . ,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 . . . . . . . . .
Garage Addition to Existing Dwelling:
The certificate is issued to . . . , - -Victor E, Catalano
loK%r7� eXdfi7lv��. . . . . . . . . . . . . . . . . .
of the aforesaid building.
Suffolk County Department of Health Approval . , , , , . .N/R - ,
UNDERWRITERS CERTIFICATE NO. . .q??:7600. . . . . . . . . . . . . . . . . . . . !. . , , . . I . , , . . . , .
. . - Building Inspector
. . . . . . . . . . . .
Rev.1/81
i
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CERTIFICATE OF OCCUPANCY
No. ...$1134............. Date .................11QT.lt1bo ....3iQ.. ... .,
THIS CERTIFIES that the building located at ..9X-pet=AG-,Bpky,,,R,yd,,,••,••••,•,•,,,•• Street
Map No. .a=. .......... Block No. . .. ...=. .... Lot No. .i=.....j+iiy>ciltl ..�..Sf«.. .... ............... ....
conforms substantially to the Application for Building Permit heretofore filed in this office dated
............................... agt••,..3�•.••............. 19.& pursuant to which Building Permit No. ... ..
dated ................•......... ........... 19..61,., 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 .•......
............. r—VatO••o"••faint-y••1dve;1141 . ......................... .. ............ ............... ............... ....
The certificate is issued to .......,T.... ,...C8Sd3tii38............Owner.........................................I.......
(owner, lessee or tenant)
of the aforesaid building.
.... .............. .......... ....�.�...... ............... ....
uilding Inspector
FORM NO. 4
TOWN Of SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CERTIFICATE OR OCCUPANCY
.......... Date ...................QO -23............, 19..10.
THIS CERTIFIES that the building located at SAL.f1&-RRA"AI>tIC-AW.-AMU .#�4treet
bi�sl�1
MapNo. .......*Wgr....... Block No. ...........*&....*Lot No. ................ .t**............................................
conforms substantially to the Application for Building Permit heretofore filed in this office dated
.................. .lDpfi ..1.6.............. ., 19. .$1 pursuant to which Building Permit No. .....1-3353
dated .........Mlp ><..33................ 19.....164 was issued,and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is ........
...........A.tVA! ..0�1.llllllLY.n11iLLI..... ....................................................................................
_ The certificate is issued to ...............................J. ]I• Calduale. wan
................................................................................
(owner, lessee or tenant)
of the aforesaid building.
lc.t �Q rte_
.... ...... ...................................................................
Building Inspecto
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CERTIFICATE OF OCCUPANCY
No. kW............. Date ............................. .................... 10? .
THIS CERTIFIES that the building located !F?!?,FtyStreef
MapNo. .*.**................. Block No. ......*i.*.............Lot No. ....... ......... ............................................
conforms substantially to the Application for Building Permit heretofore filed in this office dated
.......................... ............. 19J2.,pursuant to which Building Permit No.9.146..
dated ..................................... .�,...., 19...R.,was issued,and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is..............
MUTH ONE PA'ILI Y1ML
This certificate is issued to . .1 and aa31 p i�ama5�............. . ...................
(owner, lessee or tenant)
of the aforesaid building.
........................ ... .......................................
Building Inspector
HOWARD N. TM
C
e
_ ... ...».. !.. ....r". .. ..... ..w •!..lv........»J�.�� r.sYl...4..... .r._...»..._n..•..r.u.Y.».....�..-.r.. �! .... .r.r..•r+n.• .+r.w.✓uu..L...Afrf w-au....+ .v....
TOWN OF SOUTHOLD, NEW YORK DATE 5,/.2&,/$.0.
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2692 Dated April 16, 1980
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. Victor E. Catalano Appellant
22 Canterbury Drive
Hauppauge, NY 11787
at a meeting of the Zoning Board of Appeals on May 28, 1980 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
Request for a variance to the Zoning Ordinance Art. III, Section 100-31
C )
granted ( } be denied pursuant to Article .................... Section .................... Subsection
.................... paragraph
......I............. of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because Application of
VICTOR E. CATALANO, 22 Canterbury Drive, Hauppauge, New York
11787, for a Variance to the Zoning Ordinance: (a) Article
III, Section 100-31 for approval of road frontage; (b)
Article III, Section 100-31 for approval of insufficient area
due to proposed change in lot line[s] . Location of property:
South side of Great Peconic Bay Boulevard, Laurel, New York;
bounded north by Great Peconic Bay Boulevard, east by Pridgen,
south by Peconic Bay and/or Catalano and Estate of A. Cardinale,
west by Croce and Keller; County Tax Map Item No. 1000-128-6-
13.1, 13.2 and 13.3. (SEE REVERSE SIDE)
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 SIDE)
(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 SIDE)
(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 SIDE)
After investigation and inspection, the Board finds that
applicant is requesting approval of insufficient area due to
a proposed change between proposed Lots 1 and 2 for a foot path,
and approval of the existing insufficient width (or road front-
age) . Upon inspection of the premises, the Board has found
that the dwellings on Lots 1 and 2 are preexisting of the Town
zoning ordinance, and that the width has also preexisted zoning.
The Board during June 1974 granted approval of insufficient area
in Appeal No. 1914, and it is the feeling of the Board that to
deny the area variance requested herein would cause applicant
extreme hardship or practical difficulties. However, it is
also the feeling of the Board that no action is necessary in
regard to the width variance inasmuch as the width has been
existing prior to zoning. '
Y
The Board finds that the circumstances present in this
case are unique, and that strict application of the ordinance
would produce practical difficulties or unnecessary hardship.
The Board believes that the granting of a variance in this
case will not change the character of the neighborhood and
will observe the spirit of the ordinance.
On' motion by Mr. Grigonis, -seconded by Mr. Douglass, it
was
. 1
RESOLVED, that VICTOR E. CATALANO? 22 Canterbury Drive,
Hauppauge, New York 11787, be GRANTED a Variance to the
zoning Ordinance, Article II1, Section 100-31 Bulk Schedule,
approving the insufficient area as applied for in Appeal
No. 2692, SUBJECT TO THE FOLLOWING CONDITION:
That this matter be referred to the Suffolk County
Planning Commission for its recommendations pursuant to
the Suffolk County Charter, Section 1332 (a) .
' Location of property: South side of Great Peconic Bay
Boulevard, Laurel, New York; bounded north by Great Peconic
Bay Boulevard, east by Pridgen, south by Peconic Bay and/or
'Catalano and Estate of A. Cardinale, west by Croce and Keller;
County Tax Map Item No. 1000-128-6-13.1, 13.2, 13.3 .
Vote of the Board: Ayes: Messrs. Grigonis, Tuthill,
Douglass, 'Goehririger.
APPROVED.
9 go
Dhairman Board of
RECEIVED AND FILED BY
THE SOUTHOLD TOWN CLERK
6/6/80 at 2:06 P.M.
Qac��FFO��oG
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
7 TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P.GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN, JR.
JOSEPH H.SAWICKI
JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS
Appeal No. 3799;
Application of VICTOR AND LINDA CATALANO FOR A Variance to
the Zoning Ordinance, Article III, Sections 100-30 and 100-31
for permission to construct principal building for use as a
poolhouse/cabana, accessory to adjoining residence, with an
insufficient rearyard setback. Location of Property: South
Side of Peconic Bay Boulevard and the west side of Private
Right-of-way, Laurel, NY; County Tax Map District 1000, Section
128, Block 6, Lot 13.1.
WHEREAS, a public hearing was held and concluded on
December 8, 1988 in the Matter of the Application of VICTOR AND
LINDA CATALANO under Appeal No. 3799; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is a corner lot located along
the southerly side of Peconic Bay Boulevard and the westerly
side of a private right-of-way, in the Hamlet of Laurel, Town of
Southold, and is identified on the Suffolk County Tax Maps as
District 1000, Section 128, Block 6, Lot 13.1.
2. The subject premises is identified on the Subdivision
Map filed under Appeals No. 2692 rendered May 28, 1980, and
under Appeal No. 1914 rendered June 13, 1974, grandfathered by
the Planning Board September 23, 1980 {Section 106-531, as Lot
No. 3, containing a total area of 13,727 sq. ft.
Page 2 - Appl. No. 3799
Matter of VICTOR AND ADELINDA CATALANO
Decision Rendered December 16, 1988
3. The subject premises is vacant land.
4. By this application, appellants request a variance from
Article III, Section 100-30 and Section 100-31 for permission to
locate a new principal building to be used as a poolhouse
(cabana) accessory to the adjoining swimmingpool and residence
to the south (on Lot No. 2) as more particularly depicted on the
site plan map prepared by Craig Coronato, Landscape Architect,
dated August 30, 1988. The building is proposed of a size 16' :
by 24' , located approximately 20 feet from the westerly property
line, 35 feet from the easterly (front) property line, and
approximately 10 feet from the southerly property line (see
landscape plan) .
5. Article III, Section 100-30 of the Zoning Code permits
one-family dwellings on a lot, and Section 100-32 pertains to
accessory uses or buildings incidental to principal use existing
on the lot. The premises is vacant, and the use of the
poolhouse (cabana) will not include the minimum requirement of
850 sq. ft. of liveable floor area for a single-family dwelling.
6. For the record, it is noted that the premises was the
subject of prior applications rendered: (a) under Appeal No.
1914 on June 13, 1974, and (b) under Appeal No. 2692 on May 28,
1980.
7. In considering this application, the Board also finds
and determines: '
(a) there is no other alternative available for
appellants to pursue other than a variance;
(b) the variance requested is uniquely related to the
property and will not alter the essential character of the
neighborhood;
(c) the variance requested is the minimal necessary
to afford relief;
(d) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town, or be adverse to neighboring properties;
(e) in view of all of the above factors, the
1Page 3 - Appl. No. 3799
Matter of VICTOR AND ADELINDA CATALANO
Decision Rendered December 16, 1988 ;
interests of justice will be served by granting the relief, as
requested and conditionally noted below.
Accordingly, on motion by Mr. Sawicki, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a Variance to locate new
poolhouse/cabana structure upon this vacant lot for uses
accessory and incidental to the adjoining residence and
swimmingpool, in the Matter of Appeal No. 3799 for VICTOR AND
LINDA CATALANO, SUBJECT TO THE FOLLOWING CONDITIONS:
1. The subject cabana/poolhouse/storage building, if
converted for residential use, shall conform to all setback ,
provisions of the Zoning Code for a principal dwelling;
2. Deck and patio areas not be roofed;
3. Showers and/or bathroom area doors shall be located on
the outside wall of building.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki, and Dinizio. (Absent was: Member Serge Doyen, due to
serious family illness. ) This resolution was duly adopted.
Ik
GERARD P. GOEHRINGER, CHAIRMAN
: tT- D A.-I-ID FILED BY
LD 10 114 C1.12-K
DRiu41-212 3�6� I=.CUH �� �r r A "'• ,
-own -
Clerl; Town a
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1
5 Southold T own Board of A eels.
MAIN ROAD STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER,CHAIRMAN
CHARLES GRIGONIS,JR.
SERGE DOYEN,JR.
JOSEPH H.SAWICKI
JAMES DINIZIO,JR. ACTION OF THE BOARD OF APPEALS
Appeal No. 3800:
Application of VICTOR AND LINDA CATALANO FOR A Variance to
the zoning ordinance, Article III, Section 100-32 for permission
to locate swimmingpool, accessory to the existing residence, in
an area other than the required rearyard. Location of
Property: West Side of Private Right-of-way extending off the
South Side of Great Peconic Bay Boulevard, Laurel, NY; County
Tax Map District 1000, section 128, Block 6, Lot 13.2.
WHEREAS, a public hearing was held and concluded on
December 8, 1988 in the Matter of the Application of VICTOR AND
LINDA CATALANO under Appeal No. 3800; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located along the westerly
side of a private right-of-way, which extends off the south side
of Peconic Bay Boulevard 171.77 feet, in the Hamlet of Laurel,
Town of Southold, and is identified on the Suffolk County Tax
Maps as District 1000, Section 128, Block 6, Lot 13.2.
2. The subject premises is identified on the Subdivision
Map filed under Appeals No. 2692 rendered May 28, 1980, and
under Appeal No. 1914 rendered June 13, 1974, grandfathered by
the Planning Board September 23, 1980 {Section 106-53}, as Lot
No. 2, containing a total area of 15,075 sq. ft.
Page 2 - Appl. No. 3800
Matter of VICTOR AND ADELINDA CATALANO
Decision Rendered December 16, 1988
3. The subject premises is improved with a single-family,
one-story frame and stucco house set back approximately five
inches from the westerly property line, approximately 29 feet
from the southerly property line, 105+- feet from the northerly
property line, and 37+- feet from the front easterly property
line.
4. By this application, appellants request a variance from
Article III, Section 100-32 for permission to locate a new pool
accessory swimmingpool with fence enclosure as more particularly
depicted on the site plan map prepared by Craig Coronato,
Landscape Architect, dated August 30, 1988. The pool is
proposed of a size 20 ft. by 40 ft. and is shown to be set back i
a minimum of 35 feet from the easterly front property line, -
generally centered between the westerly and easterly property
lines, hugging the most northerly yard area.
5. Article III, Section 100-32 of the Zoning Code provides
that accessory buildings and uses be located in the required
rear yard area.
6. Due to the location of the preexisting principal
dwelling structure and the location of the private right-of-way
to the lot, the premises has technically no rear yard area.
F
7. For the record, it is noted that the premises was the
subject of prior applications rendered: (a) under Appeal No.
1914 on June 13, 1974, and (b) under Appeal No. 2692 on May 28,
1980.
8. In considering this applicat}on, the Board also finds
and determines:
(a) there is no other alternative available for
appellants to pursue other than a variance;
(b) the variance requested is uniquely related to the
property and will not alter the essential character of the
neighborhood;
(c) the variance requested is the minimal necessary
to afford relief;
(d) the variance will not in turn be adverse to the
safety, health, welfare, comfort, convenience or order of the
town, or be adverse to neighboring properties;
(e) in view of all of the above factors, the
Page 3 - Appl. No. 3800
Matter of VICTOR AND ADELINDA CATALANO
Decision Rendered December 16, 1988
interests of justice will be served by granting the relief, as
requested and conditionally noted below.
Accordingly] on motion by Mr. Sawicki, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT a Variance to locate new accessory
swimmingpool with fence enclosure partly in the front and side
yard areas, in the Matter of Appeal No. 3800 for VICTOR AND
LINDA CATALANO, provided that the pool, deck and patio areas
remain unroofed, as applied.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Sawicki, and Dinizio. (Absent was: Member Serge Doyen, due to
serious family illness. ) This resolution was duly adopted.
AND FILED B
T
101,114 c -vx
i ATa /�/231�� I?CU Ii • /�R�l,
Town Clt::c Town (A Southold
lk
GERARD P. GOEHRINGER, IRMAN- -
TOWN OF SOMHOLD, NEW YOBS DATE .june...13, 1974
ACTION OF THE ZONWG BOARD OF APPEALS
Appeal No. 1914 Dated May 23, 1974
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN Or SO'UTHOLD
TO Adeline Cardinale Appellant
Cardinal Community Service Corp. f
1884 Deer Park Avenue
Deer Park, New York -
at it meeting of the Zoning Board of Appeals on June 13,; 1974 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
s
(X) Request for a variance to the Zoning Ordinance
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article ................... Section .................... Subsection paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8;05 P.M. (E.D.S.T. ) , upon application Of Adeline Cardinale, }
c/o Cardinal. Community Service Corp. , 1884 Deer Park Avenue, Deer Park,
New York, for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-30 A & Bulk Schedule for permission to divide
property with two existing buildings with insufficient area. Location
of property: SIS Peconic Bay Blvd. , "A" District, Laurel, New York,
bounded north by Peconic Bay Blvd. ; east by now or formerly G. Harvey
Moore; south by Peconic Bay; west by now or formerly Adams - Brown.
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 propertles
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
i
After investigation and inspection the Board finds that
applicant requests permission to divide property with two
existing buildings with insufficient area on the south side
of Peconic Bay Blvd. , Laurel, New York. The findings of the
Board are that applicant is surrounded by undersized lots
with the exception of two on the west. 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.
THEREFORE IT WAS RESOLVED, Adeline Cardinale, c/0 Cardinal
Community Service Corp. , 1884 Deer Park Avenue, Deer Park, New
York, be GRANTED permission to divide property with two existintj-,-
buildings with insufficient area on the south side of Peconic
Bay Blvd. , Laurel, New York, as applied for, subject to the
following condition:
That applicant receive site plan approval from the
Southold Town Planning Board.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Grigonis, Hulse, Doyen.
i m oard, of App_ 18
r 0
TOWN OF SOUTHOLD, NEW YORK DATE ...S/.......,.../.81
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 2794 by; , application Dated March 4, 1981
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Mr. Victor E. Catalano Appellant
22 Canterbury Drive
Hauppauge, NY 11787
at a meeting of the Zoning Board of Appeals on Apr i 1 23, 19 81 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
k%4 Request for a variance to the zoning Ordinance Art. III, Sec. 100--31
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 Public Hearing: 4/2/81: By application of
Victor E. Catalano, 22 Canterbury Drive, Hauppauge, NY 11787 for a
Variance td the Zoning Ordinance, Art. III, Sec. 100-31 for permis-
sion to build a one-story garage with insufficient front and side
yard setbacks at the south side of Peconic Bay Boulevard, Laurel, ;
NY; bounded north by Catalano and Peconic Bay Blvd. , east by Keller,
south by Bay, west by Pridgen; County Tax Map Item No. 1000-128-6-
13.2.
(SEE REVERSE SIDE)
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 SIDE)
(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 SIDE)
(e) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not)
change the character of the district because
(SEE REVERSE SIDE)
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.
By this appeal, appellant seeks permission to build a one-
story garage on premises located on a private right-of-way (also
owned by appellant herein) off the south side of Peconic Bay
Boulevard, Laurel, with an insufficient frontyard setback in
line with the northeast corner of the subject dwelling and with
an insufficient easterly sideyard setback of six feet at the
southerly end of the proposed addition and 12 feet at the
northerly end of the proposed addition. The subject dwelling
has existed prior to adoption of the zoning ordinance and is
situated on the lot at an unusual angle. Running along the
westerly side of this premises is a 10 ' wide foot path. The
Board agrees with reasoning of the applicant.
The Board finds that the relief requested is not substantial
in relation to the Code requirements; that the relief requested
is within the spirit of the zoning ordinance; that the variance
will 'not change the character of the neighborhood; that no adverse
effects will be produced on available governmental facilities of
any increased population; that the practical difficulty is unique;
and that the interests of justice will be served by granting the
relief herein as noted below.
On motion by Mr. Goehringer, seconded by Mr. Douglass, it
was
RESOLVED, that Victor E_. Catalano be -granted a variance to
the zoning ordinance, Article III, Section 100-31 in Appeal No.
2794, as follows: ;
(1) That the proposed addition be constructed with a minimum
setback of 8 feet at the east side/south end, and
(2) That the proposed addition be constructed with a minimum
setback of 10 feet at the east side/north end, and
(3) That this matter be referred to the Suffolk County
Planning Commission pursuant to The Suffolk County Charter.
r
Location of property: Right-of-way off the south side of
Great Peconic Bay Boulevard, Laurel; bounded north by Catalano
and Peconic Bay Boulevard; east by Keller; south by Bay; west by
Pridgen. County Tax Map Item No. 1000-128-6-13.2.
Vote of the Board: Ayes: Messrs, Doyen, Douglass, Goehringer,
Sawicki and Grigonis.
APPROVED
010irman Board of RP�IB
[RE ElVED AND FILED BY
BOARD MEMBERS Southold Town Hall
SO!/T
Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179�� yOIO Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes u, Town Annex/First Floor,
Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento Ol�40(11m Southold,NY 11971
http://southoldtownny.gov RECEIVE
ZONING BOARD OF APPEALS = I:;Rd (9 1 O 11-11 A Im
TOWN OF SOUTHOLD NOV 2 0 20T
Tel.(631)765-1809-Fax(631)765-9064 -
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF NOVEMBER 15,2018 SOY9 hold Town Clerk.
ZBA FILE#7206
NAME OF APPLICANT:David and Lisa Cifarelli
PROPERTY LOCATION: 2650 Peconic Bay Blvd.Mattituck,NY 11952 SCTM No. 1000-128-6-13.4
C
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration-in this
application and determines that this review falls under the Type II category of the State's List ofActions,without s
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A,14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated July 25,2018 stating that this application is considered a matter for local determination as there appears
to be no significant bounty-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.
PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 13,728 square foot parcel located
in an R40 Zoning District. The parcel measures 75.42 feeffronting Peconic Bay Blvd along the northerly property
line, 171.77 feet along a right of way on the easterly property line,79.68 feet along the southerly property line, and
158.00 feet along the westerly property line. The parcel is improved with an at grade trampoline, an as built frame
shed, an as built pergola,a swing set, a basketball court,and a chain link fence
BASIS OF APPLICATION: Request for Variances)from Sections 280- 17A and the Building Inspector's'August
9,2017 Amended May 17,2018 Notice of disapproval based on an application for a building permit to legalize"as
built" structures; a pergola and wood frame shed,; at 1) "as-built pergola does`not constitute a permitted principle
use on a residential parcel; 2) "as built" wood frame shed does not constitute a permitted principle use on a
residential parcel located at 2650 Peconic Bay Blvd,Mettituck,NY 11952 SCTM# 1000-128-6-14.
RELIEF REQUESTED: The applicant requests variances to legalize "as-built" accessory structures on a parcel
that does not have a principal use.
ADDITIONAL INFORMATION: Although the application was brought by David and Lisa Cifarelli, David
Cifarelli is the only-owner of the subject property and Lisa Cifarelli is the owner of the adjoining property directly
to the immediate south of the subject property known as 2672 Peconic Bay Blvd (SCTM#_1000-128-6-13.2)
(hereinafter referred to as"the adjoining property"). The applicants are married and reside together at the adjoining
property. As set-forth in the application and at the public hearing the applicant has constructed structures and
engaged in uses of the subject property that are,clearly accessory to the principal residential use on the separate
adjoiningproperty and are unrelated to any principal use on the subject property.
Page 2,November 15,2018
#7206,CifarelIi
SCTM No. 1000-128-6-13.4
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on November 1,2018 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: '
L, The Notice of Disapproval issued by the Building Department in this matter clearly states the application
was denied because as built structures were not permitted principal uses. Despite the clear wording in the
Notice of Disapproval,the applicant submitted an application addressing the criteria for an area variance as
opposed to a use variance. Similarly, although the applicant's attorney stated that she was aware and
understood that accessory uses could not exist without a principal use, the applicant's attorney, without
ever addressing the criteria for a use variance, argued various points, such as 1) that the uses in questions
were actually permitted accessory uses to the allowed use of"open space", and 2) that the Board should
look at the purpose of the code and override the specific provisions contained within the code.
2. In granting a use variance, a board must examine three criteria,the record must show that(1) the land in
question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2)that the plight
of the owner is due to unique circumstances and not to the general conditions in the neighborhood which
may reflect the unreasonableness of the zoning ordinance itself; and(3)that the use to be authorized by the
variance will not alter the essential character of the locality. Here, the applicant failed to provide any
evidence that the land in question cannot yield a reasonable return if used only for a purpose allowed in
that zone or that the plight of the owner is due to unique circumstances and not to the general conditions in
the neighborhood which may reflect the unreasonableness of the zoning ordinance itself. With regard to
the third criteria for the granting of the use variance, as discussed below, the applicant failed to establish
that the use to be authorized by the variance will not alter the essential character of the locality. -
3. With regard to the argument made by the applicant's attorney that the structures that are the subject of the
Notice of Disapproval should be allowed because they were actually accessory uses to an "open space" ;
use,a reading of sections 280-17,280-13A and 280-13B that"open space"is not a listed allowed use in the
R-40 zoning district. Even if"open space"were to be considered an allowed use, it is the opinion of the
Board that the construction of structures would be the opposite of,not accessory to,"open space,"
4. The applicant's attorney also stated that if the Board interpreted the proposed structures as an illegal
accessory use without a principal use, it would be forcing the applicant to build a principal dwelling to
maintain the accessory strictures. This, the applicant's attorney, would go against the purported purpose
of the Town Code and therefore the applicant's attorney urged the Board to override the specific provisions
of the Town Code that set forth the allowed uses in order to accomplish the purported purpose of the Code.
First,as discussed below,the applicant has another option,to merge the subject property with the adjoining
property to maintain the uses on the subject property. Second, the applicant's attorney in making that
argument is essentially asking the Board to legislate as opposed to interpret. The legislative body of a
Town,here the Town Board, drafts the Code.The Town Board identifies goals and purposes of a code and
then adopts specific regulations to effectuate those goals and purposes. If a specific regulation fails to
accomplish, or in fact works against a specific purpose or goal, it is role of the Town Board to make
changes to the Code, it is not role of the Zoning Board of Appeals to override the Code. Rather,the role of
the ZBA is to interpret the Code and to grant variances when an applicant demonstrates that the criteria
exist for granting the variance. Moreover,the applicants' argument that granting the requested relief would
somehow fulfill one of the purported purposes of the code by limiting development is undermined by the
fact that the applicants have specifically refused to merge the lot with the adjoining parcel and stated at the
hearing that they want to maintain their ability to improve the subject lot with a principal dwelling in the
future.
Page 3,November 15,2018
#7206,Cifarelli
SCTM No. 1000-128-6-13.4
Notwithstanding the foregoing,even if the applicant is correct that the"as built"recreational structures require area
variances as opposed to a use variance, for the following reasons, the applicant has not established entitlement to
area variances:
1. Town Luw V67-b(3)(b)(1). , Grant of the variances will produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family
homes. There is no evidence that any property in the neighborhood is improved with accessory structures
without first establishing a principle residential use. Sheds and pergolas are characteristic of the
neighborhood when accessory to single family dwellings and in code conforming locations.
2. Town Law §267-V3)(b)(2). The benefit sought by the applicants can be achieved by some method,
feasible for the applicant to pursue, other than area variances. The applicants could merge the lot with the
neighboring lot. However, the merger would still require the applicant to apply for area variances for the
as built" structures' non-conforming front yard locations. The applicant could also build a residential
building on the property.
3. Town'Law'4267=b(3)( A).. The variances requested herein are mathematically substantial, representing
100%relief from the code.
4. Town Law_M7=b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood.
S. Town 1;aw-§267-b(3)(b)(5). The difficulty has been self-created. The applicants 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. The applicants intentionally "checker-boarded" the subject property and the adjoining
property in order to ensure that the lots maintain "single and separate" status while at the same time
engaging in constructions and improvements to the subject property that are clearly accessory to their use
of the adjoining property as a residential dwelling.
6. :Town Law &267-b(6). Grant of the requested relief is not the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of a non-conforming use of the property and/or area variances,
while preserving and protecting the character of the neighborhood and the health, safety and welfare of the
community.
-RESOLUTION OF-.THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member
Acampora,and duly carried,to
DENY as applied for,
Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Planamento and Lehnert. Nays:Member
Dantes. This Resolution was duly adopted(4-1).
C
-Leslie Karies Weisman
Chairperson
Approved for filing 11116 /2018
AGRICULTURAUDATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use
permit, site plan approval, use variance, area variance or subdivision approval on property within
an agricultural district OR within 500 feet of a farm operation located in an agricultural district.
All applications requiring an agricultural data statement must be referred to the Suffolk County
Department of Planning in accordance with Section 239m and 239n of the General Municipal
Law.
1. Name of Applicant:AMP Architecture
2. Address of Applicant: 1075 Franklinville Road, Laurel, N.Y. 11948
3. Name of Land Owner(if other than Applicant): David & Lisa Cifarelli
4. Address of Land Owner: 2674 Peconic Bay BLVD, Laurel, NY 11948
5. Description of Proposed Project: Renovation to existing 2 story sin le family residence
6. Location of Property: (road and Tax map
number) 2672 Peconic Bay BLVD, Laurel, NY 11948; SCTM#1000-128-06-13.3
7. Is the parcel within 500 feet of a farm operation? iN Yes No
8. Is this parcel actively farmed? { } Yes M No
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 Half Hollow Nursery Rlty Corp, 624 Deer Park Ave,Dix Hills NY 11746 SCTM: 1000-127-3-11
2. Half Hollow Nursery Rlty Corp, 624 Deer Park Ave, Dix Hills NY 11749 SCTM: 1000-127-3-12
3.
4.
5.
6.
(Please use the back of this page if there are additional property owners)
,�QsGe �e2� 7 19 21
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.
0
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completing
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
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:
Cifarelli Renovation
Project Location(describe,and attach a location map):
2674 Peconic Bay BLVD, Laurel, NY 11948
Brief Description of Proposed Action:
Renovation to existing 2 story single family residence
Name of Applicant or Sponsor: Telephone: 516-214-0160
AMP Architecture E-Mail:
bepperson@amparchitect.com
Address:
1075 Franklinville Road
City/PO: Laurel State: N.Y. Zip Code:
11948
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 X
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: X
Southold Town Building Department & Trustees
3.a.Total acreage of the site of the proposed action? 4 acres
b.Total acreage to be physically disturbed? 02 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? .4 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban GYRural(non-agriculture) ❑Industrial ❑Commercial R(Residential(suburban)
❑Forest ❑Agriculture dAquatic ❑Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? X
b.Consistent with the adopted comprehensive plan? X
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? X
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: X
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action? X
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X
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:
All proposed work will be consistent with the 2020 budding&energy codes X
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
X
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: Proposed new IA OWTS X
to be installed during construction
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? X
b.Is the proposed action located in an archeological sensitive area?
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? X
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X
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:
Cg Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional
Q Wetland ❑Urban Q 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? X
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? XNO❑YES X
b.Will storm water discharges be directed to established conveyance systems(runoffd torm drains)?
If Yes,briefly describe: 11NOXYES
All impervious surfaces will be connected to gutter&drywell system
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: X
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: X
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: Anthony Portillo(AMP Architecture) Date: 7/19/21
Signature: 'R
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
No,or Moderate
small to large
impact impact
may may
occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
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
Board of Zoning Anneals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
- S
eliding at r t
(Print property owner's name) (Mailing Address)
(6 do hereby authorize AMP Architecture
(Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
(Owner's Signature)
S I
(Print Owner's Name)
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics drohibits conflicts of interest on the part of town officers and employees.The purpose of this
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME: David & Lisa Cifarelli
(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 X
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or
employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"
means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or
employment by)a corporation in which the town officer or employee owns more than 5%of the shares.
YES NO X
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(cheek 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 thi ,20
Y.
Signat
Print ame
AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of town officers and employees The Purpose of this
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME : Anthony Portillo(AMP Architecture)
(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) 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 X
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 19 day off JuIL�'�/� ,20 21
Signature �d
Print Name Anthony Portillo
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and 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# 1000 -128 -06-13.3
The Application has been submitted to(check appropriate response):
Town Board 0 Planning Dept. FbR Building Dept. 0 Board of Trustees 0
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital 0
construction,planning activity,agency regulation, land transaction) 0
(b) Financial assistance(e.g. grant,loan, subsidy)
(c) Permit,approval,license,certification: IX
Nature and extent of action:
Renovation to existing 2 story single family residence
Location of action:2674 Peconic Bay BLVD, Laurel, NY 11948
Site acreage:-4 acres
Present land use:Single Family Residential
Present zoning classification:R40 NC
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:AMP Architecture (Anthony Portillo)
(b) Mailing address:1075 Franklinville Road, Laurel, N.Y.
(c) Telephone number:Area Code ( ) 516-214-0160
(d) Application number, if any:
Will the action be directly undertaken,require funding,or approval by a state or federal agency?
Yes ❑ No® If yes,which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation
criteria.
N Yes F] No ❑ Not Applicable
The proposed alterations and additions remain within the character and quality of life within Southold Town
Attach additional sheets if necessary
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 11 No ® Not Applicable
Attach additional sheets if necessary
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
® Yes 0 No 0 Not Applicable
The proposed alterations and additions remain within the scenic quality of the area in which the property sits
Attach additional sheets if necessary
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 0 No 0 Not Applicable
The proposed alterations will be designed according to the 2020 building code and all permanent structures
will be connected to stormwater management systems
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
® YesEl No 0 Not Applicable
There is a proposed new IA OWTS proposed as part of the overall project
Attach additional sheets if necessary
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 0 No 0 Not Applicable
All structures will be connected to Stormwater Management systems
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes ❑ No R Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
® Yes ❑ No ❑ Not Applicable
There is a proposed new IA OWTS proposed as part of the overall project
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation
criteria. nn
IEYeEl No 19 Not Applicable
This is a private residence with no right of ways on the Deed
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes 0 No 134 Not Applicable
Attach additional sheets if necessary
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.
I^Yes ❑ No ❑ Not Applicable
The proposed work will not be hazardous to the natural ecosystem
Attach additional sheets if necessary
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
Attach additional sheets if necessary
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 El No ® Not Applicable
Created on 512510511:20"
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( m �� TOWN OF SOUTHOLD PROPERTY F EUCYRD-U7ARD
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ACR. REMARKS
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LOT COVERAGE
® PROPOSED BUILDIN6 ADDITION - - PROJECT/ZONING DATA
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® PROP05W ACCESSORY STRUCTURE DESCRIPTION(FOOTPRINT) AREA CO%LOT TAX MAP# 1000-128-Ob-133 Q
t ZONING D15TRIGT R-40 NON-CONFORMING
® PROPOSED 2ND STORY TOTAL LOT AREA 16749.0 Sr.
LOT AREA 0.4 ACRES Q
EXISTING DWELLING IA50.0 5 F IIA% d
SITE LAYOUT NOTES Coto-DWELLING aZ338,.J1LYI,1959 0
I. THIS 15 AN ARCHITECTS SITE PLAN E 15 PROPOSED DWELLING ADDITIONS 915.0 5 F. 55%
SUBJECT TO VERIFICATION BY A LICENSED
GofO-DWELLING ADDITION pZ1534,NOVEMBER 30,1962
SURVEYOR. THE INFORMATION TOTAL AREA OF ALL STRUCTURES 1 2,"1650 SF. IbS% a
REPRESENTED O S SITE P S TO THE
Coto-DWELLING 6ARA&E NZ1O663,SEPTEMBER 4,1981
ARCHITECTS BEST OF KNOWLEv6E --MAXIMUM LOT C.OVERA6E ALLOWED-20% ADDITION G
2 SURVEY INFORMATION WAS OBTAINED VARIANCE APPROVAL PENDING
FROM A SURVEY DATED APRIL 23,2021 1 w
AND PREPARED BY.
REGtUiREV-5ET8AGK5-,MAIN BUILDING FEMA FLOOD ZONE X z
YOUNG a YOUNG
400 OSTRANDER AVENUE WETLAND5 DISTRICT PERMIT PENDING
RIVERHEAD,NY,11901 REQUIRED EX15T PROPOSED COMPLIES Z:-:
TELEPHONE. (631)'727 2303 DEC DISTRICT NON-.JURISDICTION <w 4
SIDE YARD 100, 6q, 82' NO
SIDE YARD 100' 8.8' 29' NO HABITABLE SPACE EXISTING PROPOSED
aa, N W
IS'SIDE YARD y3�^23yy-��- N SIDE YARD 100, 22.7 102' YES FIRST FLOOR AREA 1,600 5 F 2,4-15 5 F. j
SETBACK % REAR YARD- SECOND FLOOR AREA 1,140 5 F. 1,5-15 S.F. ¢
_ FROM BULKHEAD O' 643' 48.4' YES
l I DO TOTAL BEDROOM COUNT 3 3
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66, RESIDENCE
/
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RECEIVED / 2.0'1 <I/7T U / 2672 PECONIC BAY BLVD.
MATTITUCK,N.Y.11952
EXIST.SHEDS TO BE V1Sr y��K
PROPOSED MODIFIED -
-
J ll L 1 ? REMOVED 2 STORY SINGLE U gROTO5/1p0,� DRAWING TITLE:
/ FAMILY RESIDENCE 1 PROPOSED SITE PLAN
1 - PROJECT SITE DATA
ZONING BOARD OF APPEALS / _ p'l�p h
PAGE
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off~
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tvmuim��sw�i w,a•m u ro®.r°�o:wi�aw�veT�n e�+wn�xo a io mw�s m ra mac msua�w.w mi""�r'.��,m m �iem10� �•®v M�inmoenm�uo�a XOTvamu�mu�is�m•,artx r�enog1ar�wmu�m.aQ��mm�a�l.0°�iw.mi�a io�is M ane iwoaiesri a���.vO1(a��rv�,yia�m°o�ar@v u o�im w�cream®�rnr e�
400 Ostrander Avenue,Rlverhead,New York 11901
tel.631.71272803 fax.631127.0144
\ a(*nln®youngonglno&ring4om
Psp /" / N 4 c
W�� ung,Land Surveyor
\ 0 / 'Thomas Nb pert,i'roPesstongl Engineer
Douglas E.Ada",FroPosslonal Englnaor
Robert 0.Test,Architect
,yea W ^ Robort Stromsid,Architect
I GO`�L N �� ��li SITE DATA
RA
AREA=16,749 SQ.FT.
`LOT NUMBER REFER TO MINOR SUBDIVISION-"JOSEPH CARDINALE
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JOB NO.2021-0061
DWG.2021_0061_Ga 1 OF 1