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HomeMy WebLinkAbout5220 6 VVI •.) 0 - }$5-no-_/�tf (Pi to 3ow-c-/ z textet (4 APPEALS BOARD MEMBERS o,���O$VFFO(�-00 ;` ���4 0c Southold Town Hall �, Lydia A.Tortora, Chairwoman ,'�c � 53095 Main Road ��`" Gerard P. Goehringer ; y Z ; P.O.Box 1179 '� George Horning .�It). .fie i Southold,New York 11971-0959 \� Ruth D. Oliva '-__#*p1 `�►�0����' ZBA Fax(631)765-9064 ''� Vincent Orlando ------.....01'•'' Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23, 2003 Appi. No. 5220—V. and P. Benic Property Location: 1375 Pine Neck Road, Southold Parcel No. 70-5-39 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 ll category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 1.027-acre parcel is located on the south side of Pine Neck Road, Southold, referred to as Lot 8 on the Map of G. Wells Phillips filed November 6, 1909 in the Suffolk County Clerk's Office. The property is improved with a two-story wood frame dwelling, and two other buildings located as shown on the December 27, 2001 survey. BASIS OF APPLICATION: Building Department's July 1, 2002 Notice of Disapproval denying a permit,to erect a six ft. high fence along the front yard area at a height exceeding the code limitation of four feet pursuant to Code Section 100-231. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2003, 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: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to place a 6 ft. high stockade- type fence +-188 feet in length along the westerly property line, commencing at a point +- 85 feet from the lot line along Pine Neck Road. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change n the character of the neighborhood or a detriment to nearby properties. The parcel consists of three buildings, the main house and two detached buildings to the south of the dwelling (a garage and cottage not to be used for living quarters. At the hearing the applicant indicated there was a great need for this privacy fence between his property and the neighboring property to the west. After review of the file and Page 2—January 23,2003 ili Appl.No.5220—V.and P.Benic . 70-5-39 at Southold viewing the area, it is noted that the yard proposed for placement of the fence actually gives the appearance of a side yard, not a front yard. Therefore the placement of a 6 ft. high fence, at two feet higher than the code requirement of 4 feet, will not significantly change the character of the neighborhood and surrounding properties. 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 6 ft. high fences are allowable by code along a rear or side yard. The property is a waterfront parcel. The code provides for accessory buildings (over 6 ft. in height) to be located in a permitted front yard, which exist on both the applicant's property and the neighboring westerly property. The fence will shield these yard areas privacy. 3. The amount of relief requested is significant based upon the amount of fencing proposed, however, not in reference to the 1.027-acre size of the property and 445 ft. depth of the properties. 4. The difficulty is self-created because fences of this height are generally not • - permitted in a front yard. 5. No evidence has been submitted to suggest that the proposed height will have an adverse impact on physical or environmental conditions in the neighborhood. The fence location is in a wooded area with evergreens which will be in character and in conformity for appearance between the properties. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 6 ft. high fence, 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 Goehringer, seconded by Member Orlando, and duly carried to GRANT the Variance as applied for and shown on the December 27, 2001 survey prepared by Joseph A. Ingegno, L.S. with fence location noted by the applicant. 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, Page 3—January 23,2003 Appl.No.5220—V.and P.Benic 70-5-39 at Southold setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). ✓,1� i/ice :la A. Tortora, C airwoman —Approved for Filing 3/ /03 TrZ!'r.+ .i.e.T r -`:.x-L ) 31h943 H O;UR I".00 own t � LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted below (or as soon thereafter as possible): 2:20 p.m. Appl No. 5220 - Vincent and Petra Benic. This is a request for a Variance under Section 100-231, based on the Building Department's July 1, 2002 Notice of Disapproval concerning the height of a proposed fence which will exceed the code's height limitation of four feet, at 1375 Pine Neck Road, Southold; Parcel 1000-70-5-39. 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 Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) FORM NO. 3 • NOTICE OF DISAPPROVAL • DATE: July 1, 2002 TO: Vincent and Petra Benic 1375 Pine Neck Road Southold,NY 11971 Please take notice that your application dated June 28, 2002 For permit to construct a 6-foot fence at Location of property: 1375 Pine Neck Road, Southold,NY County Tax Map No. 1000 - Section 70 Block 5 Lot 39 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231, which states, "Fences;walls-or-berms-may-be-erected-and-maintained,—subject to-the-following-height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height." The proposed 6-foot stockade fence is noted as being in the front yard of the parcel. 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. TOWN OF SOUTHOLD BUILDING PER• APPLICATION CHECKLIST BUILDING DEPARTMEiv i Do you have or need the following,before applying 2 TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL:765-1802 Survey PERMIT NO. Check Septic Form - - • N.Y.S.D.E.0 Trustees Examined ,20 Contact: Approved ,20 Mail to:U Vivtizrr ea/f•LC/ Disapproved de .33 C�C11L,�q a I'go l Phone:-. t .r1 I { Building Inspector '1).1 Ni 2.8 2002 ILI) APPLICATION FOR BUILDING PERMIT BLDG DEPT. • ,1 ' WN F SOUTHOLD - Date rp � 240 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with.3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. AP-P-LICATION IS-HEREBY—MADE-to-the Building Department-for-the-issuance-of-a-Building-P-emrit-pursuant-to Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Y • Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described,The °s,- applicant agrees to comply with all applicable laws,ordinances,building code,ho '.• code,and re: ations,and to admit • authorized inspectors on premises and in building for necessary inspections ',• r -, (Signature of applicant or name,if a corporation) ' ' f 77 , 1u1 �fl t ego G'(9�^` �V Tazlmg address o;af Ip tca yr ) - State whether applicant is owner;lessee,agent,architect,engineer,general contractor,tor,r,,al`ectrician,/plumber or builder ootia Name of owner of premises VfigeP7 (Cj (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer - (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which'roposed work will be done: & 4 RAD aocirtstab House Number Street Hamlet • County Tax Map No. 1000 Section O - BlockLot m Subdivision Filed Map o. Lot (Name) 2. State existing use and occt y of premises and intended use and occupancy of p co6n�s}�ction: A )/r a. Existing use and occupancy l...4 I(.k( �(0 ad C% / I It! 7 I4-0!Z it b. Intended use and occupancy f'f (Lei S 1 � 3 Nature of work(check which applicable):New Building 11 - Addition Alteration Repair Removal Demolition Other Work inocr (Description) 4- Estimated Cost f 1 5)0 Fee K;00 to be paion filing this application) 5 If dwelling,number of dwelling units t Number of dwelling units on each floor If garage,number of cars ' 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear • Depth . Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front Rear Depth Height Number of Stories 9 Size of lot:Front Rear Depth 10.Date of Purchase O t Name of Former'Owner Hfl. /JJ ,(m p L c4+ 11 Zone or use district in which premises are situated - 17 I)ces_props aed_co nstruthort violate_any_zwingJaw,_ordirrauce or regulation: %03 13,Will lot be re-graded Will excess fill be removed from premises: YES NO q) 145 Tames of Owner of premises()tila-Al f 6dC )leAddress 334 A-CJ Phone No. 51C 9 53d'3(}) lame of Architect Address Phone No Name of Contractor Address Phone No 1 15.Ellis property within 100 feet of a tidal wetland?*YES NO- ! • iF YES,SOUTHOLD_T_O (N TRUSTEE_SPERMITSMAY BE REQUIRED- 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on-property is at 11}feet or below,must provide tupugiaphical data on survey. STATE OF NEW YORK) •��'' SS;/ COUW COUNTY OF 0) ) t • 1"/4}( i// A�/' 6 being duly sworn,deposes and says that(s)he rs the applicant (Name of individual signing contract)above named,( (S)He is the —" /j f (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith Sworn . .efore me this - 2 - - I. _ Uati.r 20 O v.IOW VAIrh Notary PSIM`bN R WHITE Signature o Applican' NOTARY PUBLIC,State of New York - No.0.WH5040954 (willed In New York County Commission Expires March 27,2003 ,. ' '- 4/3/o 3:°61 - �' i0,3:°61111, �ols ., • For Office Use Only: Fee$ /6-79T i Assigned No_ Cob-0 Vd,` TOWN OF SOUTHOLD, NEW YORK % • ���5/ APPEAL FROM DECISION OF BUILDING INSPECTOR / DATE OF BUILDING INSPECTOR'S DECISION APPEALED: ��� ,p- v. TO THE ZONING BOARD OF APPEALS:a-(- ..,�,1rireedi P/t„./ "'elm- ° I'V(U of G�7c� Pout ��'� j�- (Appellant) 7 �Oii t1, (Tel # 61C ': 3-14-3 7) HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED l/ df©,✓ WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED VVi d"�FOR: ( ) Permit to Build ( ) Permit for Occupancy ( ) Permit to Use ( ) Permit for As-Built ( Other ��if 1. Location of Property 67,�r.. .i/ilj District 1000 Secfion..7 Block... of(s) � � Current Owner../401Ge.-- 2. Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers. Do not quote the law.) Article XXtj;(Section 100- .gb.(,..Sub-Secfion 3. Type of Appeal. Appeal is made herewith for: (4A Variance to the Zoning Ordinance or Zoning Map ( ) A Variance due to lack of access as required by New York Town Law Chap. 62, Cons. Laws Art. 16, Section 280-A. ( ) Interpretation of Article ....... ( ) Reversal or .........- section 100- .. ................................................................................................ I Other: 4. Previous Appeal. A previous appealas) j property or with respect to this decision of the Building Inspector((has not) been Appeal with respect .. this I REASONS FOR APPEAL Additional sheets ma' be { PP al #""'• Year .......). used with a•. iicanfi's si•nature I AREA VARIANCE REASONS: (1) An undesirable .,lhange will not be produced in the CHARACTE or a detriment to n . -by properties, if granted, because: R of the neighborhood GoGYP�'�'`�� 6600/4929 ,-/20.01-i Vim �c � �.� .91/,4 (2) The benefit sought by the 'g, 1��fj �'�?�G� for theapplicant CANNOT be achieved b applicant to pursue, other than an area variance, because Y some method feasible P l e,r .os c e gor (3) The amount of relief recto ted is not substantial because: (4) ��� ���� 4 Griv, posy Roxis c9'hie/4/4", V/Al will NOT have e-an adverse ef#ec� or ci//in l l environmental conditions in is;e neighborhood or district because: �� � 7" i'. 4- Physical P etikb 4- "��®� 041 �� pf�l�� ,LIiP/`� �,,q �. (5) Has the alleged tc�ff(cui+/bee n l ate ' 4/"15 This is the MiNIMUM that is'r� cessary and adequate, and at the same This 1rce protect the character of tt neighborhood and the health, safe , andte community. preserve and tYwelfare of the ( ? Check this box if USE VARIANCE STANDARDS are completed P d and attached. Swot to •e .- e me tom' �" d�.y o ' ., 200 Z (Signature 4 , „. of Appellant or Authorized Agent) �►/,�� �,�` (Agent must submit Authorization from Owner) Z Notary Publi' JMQN R. BA App 08/00 NOTARY REM State of Nw Yeti k No.01WH5040954 CommisQuaffed in sion York Coon Expires March 27,2003 r . ... - - „ Z 7o -- PROPERTY TOWN OF .OUTHOLD RRECORD CARD (:, --- A'NER STREET 1 ' ' • - VILLAGE DISTRICT SUB. LOT t r VinCent i ICe747 -- a‘911 Ic-- PAA/Le-14-02 9,P .,,,/.....',/,\-7.4',1,-..-f,i....'rf,`• Uq.% ) MER OWNER!,t ie Ai• ' g15(1,1 N - E p •-7,- - ACREAGE i , 1 j , .... - St w' k i TYPE OF BUILDING '.- -• ''', E: , /dr -- - r ' s 2 /,5 SEAS t VL. FARM COMM. I IND. CB. MISC. 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Dormer Driveway ---- —- '• -''''''''''''''''''''''''''''`..,,,I:,,,,_.- • • • 4 • • >B38° ��'oc 3 .9E,E2098N • `� N / sv'se /`� 09 eGrooa . : aSE,LyE 09 � 'ea , _________4 ....:>.---- ....44.,,, Q • cols 31 .4i 000111101111111.111MIIMILijaill `3 , ' -A o` 0'1, ,...../:—....44,- rus: 17.2 m i N I. /1� 0 ."Ik ut 2myTW. 114 1ss la'1' lo' aab I r t �•� ,� SURVEY OF Q '� t no"a1 LOT 8 aa' =ILL. N• °'O MAP OF PF�OPERTY Dza `2.1' OF G. WELLS PHILLIPS 3" FILE No.297 FILED NOVBvBER 6,1909 I _ �` SITUATED AT p N, 1Ze. 'f �"�� SOUTHOLD I � eb 4 ik, _ ik,.. 11/4 k TOWN OF SOUTHOLD �V 'I2i i--__ _ 4 T SUFFOLK COUNTY, NEW YORK �i"° S.C.TAX No. 1000-70-05-39 STociot 1JL ••e SCALE 1"=30' .1�f�1� DECEMBER 27,2001 cm- (-04 y v' .ill, a AFEA=44,739 23 sq ft m comFomm int t ^ � (70nELWq 1.027 ac. @ i LayJ2 i04 'V ga . 8 . . .. it ' y NOTE ,P �$ THIS PROPERTY IS w ROOD ZONE X FLOOD INSURANCE RATE MAP No.36103 C0166 G i I ZONE k AREAS DETE MNm TO BE OUTSIDE 500-YEAR FLOODPLAIN el 4. •• �, n QY+O LRxfpBN \OOtP P481 �ryq • O RC li ure Y• , a t I I I WE 1.110k4,I cR4w +mow CCM tot m • q - A CI WELL0 Z V O O fr O 4w� \ 0 Ri o • WIFE OVBLrADw7Es 7 • �+.•V`-'�1•j � rLUL • .995= ���=_J= +7� Tc N 84°15'00 VI/6 NyggrT• e las.0 I wer``°"'a� •i a. 0 1'DAO' is • D A I PINE NECK SOA D . MATRON=AlTERMCNOflA00R1ON TO THIS SIRJEY t5A MATCH OF SH.TA7r 720E OF 11-E NGV YORK STATE EDUCATEN LAW CORE CFTH1SEO S IMP NOT SEARED 'NE WE/ FEED 011 T BO A V MAT.SELL NOT RECONSIDER]) TO BEA VAl1DTRE COP! CERTI CAT77S NOCATED IEF@I SELL RN ONLYTOTE PERSON FOR WW1 TFESIINEY O RBABED.AND CN HS M ALFTO TIE TRLEOOA4MNY,G VGO STRAL AGBJLYAFD LOME i smun N LISTED NEM N.AND TOME AMC:NEES OFDEMONS MT- ' ILREI L CERRFIPATIO<S ATE NOT TRMSFEMME NOTES: - n¢DOTES/CEDE RGOTS OF WAY 1.ELEVATIONS ARE R�BJC®TO N.CsV.D.1929 DATUM AMY OREA93 NATE T awrOFD.F EXISTING ELEVATIONS AFE SHOWN THUS na aNY.Nor SHOWN ATE not GUARANTEED DUSTING CONTOUR LINES AFE SHOWN THUS s FA -FIFBT ROOK O R- -OAPAER.o:R 178RIID NA•••-. .VAIFLTIELliW BTAND,R:aFOR TRLESLFTTEN9AeESTAaLBED Joseph A. Ingegno TW -TOPOFWALL BYTIEIJAL9.AAD 11FgW®AND AOOPf® arti -BOndI W WALL - TRLEA&WEST 1 YOIK STATE LAND Land Surveyor 1 Title Surveys —Subdivisions — Sle Rens — Construct ion Layout FHONE(631)727-2090 Fax(631)727.1727 OFFICES LOCATED AT MAILING ADORSS NYS Luc No 49888 1380 ROANOKEAVBJLE PO Box 1931 RVD€AD,Now York 11901 Rvorhsad,Now York 11901.0965 21-489 - 1.1 COUNTY OF SUFFOLK d s� ' RECEIVED 1-, 4rA/1 ?- `T-.444M MAR 2 8 2003 ZONING BOARD OF APPEALS ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 24, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Scavone,Frank 5212 Cassara, Ronald 5215 Benic, V and P 5220 Holley, Robert and Barbara 5222 Buckel, Charles and Maureen 5227 Ross,Nancy.R. 5231 Pearce, Carol A. 5235 Jaeger, Patricia(J. Perlemuth) 5252 Jones, Rita M. 5253 Santacroce Jr_, Henry F. 5261 Kirmish, John and Laurel 5263 Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD20D3\MAR\IS5212 MAR LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6 1 00 ■ (5 1 6) 853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER(5 16)853-4044 ''Y(r' 0C) 1 3 119E15o58 N _,� - 181 6E 99 -_ . c�F+�L 69o—r` n za TDIM X3018 FOLES WALL 0411) Ci �: I Via.20 o91.O0^ r =itli ' W 40 vM : •' 1S 0 V • g / = yr,x: waylel�� +�• 2nd STORY 19.x 1@.@ . ... ODD D g ST.•: . Kaa G , �� , . CO IBS MAY/ 'e1e = i.,........civ 2'2d ° i ,r AN: n: - -1N TAN 1 SL Oil...,I111 H 2 STORY • �_Dovsq 'TANFRAME HOUSE N vsvrRPE MAID 111...1„ 12.5' — - @ - 1V AP ���i— x2� SrG. WI m g 1! a stns STOOP s 5 I OF I 'I 'u 1121VET-AL- . oa �� sNFILE No. 297 I 04 6I �o RC., i • SIT i 12.0' rR gni so " SHED I cf ► m' ,..# TOWN9�'��= m -. aEl'AL o SH® i �'• SUFFOLK CC dna. 20.r waL �� mrVa ' S.C. TAX N� Isr Ur(LIiY �/ �- • -"'rosea a °d ` FbLE �LZSC �.�. I �prol/jJl�{`� °e a °° 11511r. / O "S� iTT d 'GKaDELOT 0 ° o • rO 1< •;yed / Ci4S VENT 5;5"Oi s y r^�` 1�� R� AREA= 44,"( co v oona Fan) i �°� e 1 r (TO TIE LINES 1.027 c _59 4 ° ► p • h3 ° I . m ►r-* 8 ' � I �' NOTE d THIS PROPERTY IS IN ROOD ZONE X 1 t 1^om ° FLOOD INSURANCE RATE MAP No.3610300166 2 ZONE X AREAS DETERMINED TO BE OUTSIDE 5 15.0' N Aa I o, ° 1 CMG ROLo N. ( El AN �y ti D` ° , , p ' #FBy. aJ g, N p• 0.0'E i I-0IIJD- 'Oq 6; 1Z o1 _ SS ° MAD MIX ° d FRAMESTOCKADE c1.2�v�1 - • :11":0))a. 1F p¢ da o ot RDLND MON 49R4GE °e - ' 0 ts'W. ' ' Co m:Li) ` d da4DMON , - O ° G 11/ ® . ` j. O� °i m ° y °4 - a ii. , Z e WaL P IMO • Cr I 01 ° Imo : m e C # • � , • 0 999.5'± WIF -E C. A' e ° FOLE .. RPE i. N 8471 ° ®C£°OFPAVBdBfI � •, OVEN-EAD WIFES I� 5'00`1 ° G FOLE 012 W ° ° ° ° 0 110.001 °' .P.:1 .„e ' ^ - • . PINE NECK �AD - T March 18, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. — 5220 —V and P. Benic Action Requested: Construct 6-foot fence. Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lydia A. Tortora, Chairwoman By: Enclosures Y I I APPEALS BOARD MEMBERS ,,���o�pS11fFriti-C' y� OG Southold Town Hall Lydia A. Tortora, Chairwoman y1 53095 Main Road Gerard P. Goehringer ; y Z P.O. Box 1179 George Horning .F�� Southold,New York 11971-0959 Ruth D. Oliva ;y?JD aO��/ ZBA Fax(631) 765-9064 Vincent Orlando = 1 * �; O� ELIZABETH A.NEVILLE s�� ct%; Town Hall, 53095 Main Road TOWN CLERK ; P.O. Box 1179 REGISTRAR OF VITAL STATISTICS i Southold, New York 11971 MARRIAGE OFFICER �, Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER \�y�®1 �a® i��, Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER r��� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 5, 2002 RE: Zoning Appeal No. 5220 Transmitted herewith is Zoning Appeals No. 5220—Vincent Benic-Zoning Board of Appeals application for variance. Also included is notice of disapproval,building permit application, ZBA questionnaire, applicant transactional disclosure form, and two surveys. • y:3670 BZA Variance Application: �d P Tax Map: 1000 Section: 70 Block: 5 Lot: 39 Vincent and Petra Benic 1375 Pine Neck Rd. Southold,NY Dear Board Members, In reference to the above premises,I am respectfully requesting a variance to the Zoning Ordinance -Article\e:XXIII Section 100-231. The following are my reasons for your consideration. 1. Historically,the front yard should be considered from the Cottage to the street, as was the original location of the front yard, and not to the rear residence. 2. Since I have a very small rear yard behind my residence,my `front yard ` in effect is my 'rear yard'. (between the cottage and the main house). In order to provide my family, guests, contractors ,etc. with visual and acoustical privacy a fence is required. 3. Since my home and the fence are respectfully over 300ft and 150ft from the street, and will be blocked by trees and buildings, there is no impact on the streetscape. 4. The fence is located next to my cottage and behind neighbors garage,it is minimally(if at all)visible from the neighbors windows. The only visual impact is from my property. 5. The fence would provide a visual block of the neighbor's lawn equipment, mulching pile, and other features which are visually unacceptable to me. This equipment is located along my property line and adjacent to my ` front yard'. The fence would be located as to concealed these unattractive features. 6. Since the neighbor has the right to install a 6 ft high fence in the same location as • my proposal,I should have the same right, but only on my side of the property line. Especially, since there is no visual impact on the neighbors or the community. Thank you for your consideration. Vincent and Petra Benic. r' • ' 1' • a- it QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Vitp),s,a, ,gfe„,„___ g.),,,boa_,L B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes (V) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there ,any proposals to change or alter land contours? { } Yes. {V} No D. 1. Are there any areas which contain wetland grasses? _O 2. Are the wetland are shown on the map submitted with this application? i 3 . Is the property b headed between the well the upland building area? ands area and 4. If your property contains wetlands or pond areas, have you contacted the Office of the To� Trustees for its determ;natiOn of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed nstr-uction at or below five feet above mean sea level? V (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the serve ma submitting? . ,/ON Please state noonne. I" -If none exist, Y t that u are G. Do you have any constru 'an taking place at this time concerning your premises? of your building permit and ap aslyes, please submitl a cagy approved by the Building Department. If none, please state. E. Do you or any co-owner also Parcel? �O own other land close to this of deeds. �' If yes, please explain where or submit copies I. Please list pr sent use or operations conducted at this I parcel /do&r pr proposed use `- "� T and ,,Z /_2?/ //gl- ...1_, 0 Authorized Sigmature and Date 3/87, 10/90Ik r • • R ' . • • APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold ' s Code of Ethics •rohibits conflicts of interest on the •art of town officers and em•lo ees . The •ur•ose of this form is to •rovide information which can alert the town of •ossible conflicts of interest and allow it to take whatever action is necessar to avoid same . YOUR NAME: (Last name , firar 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 . ) NATURE OF APPLICATION? (Check all that apply . ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other ( If "Other, " n; e�—activity . ) Do you personally y (or through your company, spouse, . or child) have a relationship with�aosibling, employee of the Town of Southold? h p"officer de by blood, marriage, or business interest- "Business includes II interest" means a business, "�3usiness nhe own including a partnership, which the of officer or employee has even a in (or employment by) partial the town officer or employee owns morecthana5 of in which shares_ % the YES NOV' 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 and the town officer or employee. EyEittherf che ck thplicant ) pre arovidedate line A) through D) and/ordescribeinthe space The town officer or employee or his or her spouse , sibling, parent , or child is (check all that a ouse PPIY ) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant ( when the applicant is a corporation ) B) the legal or beneficial owner off an noncorporate entit any interestin a corporation) ; Y (when t}�e applicant is not a C ) an officer, director, partner, or em applicant; or ployee of the D) the actual applicant . DESCRIPTION OF RELATIONSHIP Submitted thisday ofM „2QJ2---- I / ` Signatur , /11I' Print name vC� ;117 � . V )J\ FORM NO. 3 1 "A*.„ NOTICE OF DISAPPROVAL T DATE: July 1, 2002 TO: Vincent and Petra Benic 1375 Pine Neck Road 1 Southold,NY 11971 }� n\ v 1� Please take notice that your application dated June 28, 2002 = '\c‘ '� ti For permit to construct a 6-foot fence at Location of property: 1375 Pine Neck Road, Southold,NY County Tax Map No. 1000 - Section 70 Block 5 Lot 39 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231,which states, "Fences, walls or berms maybe erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height." The proposed 6-foot stockade fence is noted as being in the front yard of the parcel. 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. F ( F TOWN OF SOUTHOLD BUILDING PERMIT 'LICATION CHECKLIST +9° r BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans I TEL:765-1802 Survey PERMIT NO. Check Septic Form NYSD.EC Trustees Examined ,20 _ Contact: • • Approved ,20 Mail to•()ViVe4C"4N— 45:1.�.VV-4.C.' Disapproved a/c 3�r ,,l:-i't�wd.tii '1. i I go Phone I D l� �ffIa l 2 Buildin Ins .1UN 2 8 2002 g p ector _, APPLICATION FOR BUILDING PERMIT B;_n,G )E_PT ^ I"INNOFS-UIriQLP Date f."' ,20 -' INSTRUCTIONS a This application MUST be completely filled in by typewnter or in mk and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee accordmg to schedule. b Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways d c The work covered by this application may not be commenced before issuance of Building Permit w . d Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant Such a permit shall be kept on the premises available for inspection throughout the work e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,hous.F_• code,and re• ations,and to admit authorized inspectors on premises and in building for necessary inspections / , -- (Signature of applicant or name,if a corporation) /37‹ '1Uf it , (Mailing address of applies t) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder al tea Name of owner of premises /fG� �� (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No 1 Location of land on whichreposed work will be done. 37� FrN eJt— . C &ct House Number Street Hamlet County Tax Map No 1000 Section -7 O BlockLot 39 Subdivision Filed Map o. Lot (Name) ~ ® 2. State existing use and occul, - of premises and mtended use and occupancy of pr`. ii con�strtiction. sI�, } 1 I 't �,1, • a. Existing use and occupancy ' 4 - ( �,��[0 Ct--! IJ ' 1 cU i l v 0/4 fL. 1 k b. Intended use and occupancy t' lyjy( 1l `2(9(D - 1 3 Nature of work(check which applicable) New Buildmg Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Ii 5D o Fee gS to be paid on filing this application) 5 If dwelling,number of dwelling units t Number pf dwelhng units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction-Front Rear Depth Height Number of Stories 9. Size of lot:Front Rear Depth 10.Date of Purchase 200 t Name of Former Owner t'((Z 1004 A, p(C4-1- 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 re-graded `� q� Will excess fill be removed from premises: YES NO p 475- `112 ( 14.Names of Owner of premises V IW0f teAddress 554 .4-02f4,, Phone No. SIC q 53 Iii-31-0-0 Name of Architect Address Phone No Name of Contractor Address Phone No / 15.Is this property within 100 feet of a tidal wetland?*YES _ V NO • IF YES,SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey STATE OF NEW YORK) S•/ COUNTY OF IdSUI(�VSSe 1//t,0 fill 1 6F4h C being duly sworn,deposes and says that(s)he is the applicant (Name of mdividual signing contract)above named, (S)He is the ( u'A (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application, that all statements contained in this application are true to the best of his knowledge and belief,and that the work will be performed in the manner set forth in the application filed therewith Sworn 6 betbre me this .1°2v.low _ rA • 20 ! Notary SIM N R,WHITE _ `Signature o Applican NOTARY PUBLIC,State of New York No,01WH5040954 Quaifled In New York County Commission Expires March 27,2003 . • >1338o , ��C 3 .96+69.99 N , ,9V6E 5C-1q5'.?'' 6�/.....srf, TBS FREG WAIL jy'/ m A ci ,-vitso N. 9.F q -44.il I , ,�'� .SSS a,� OD N 2s• C1� i .:. \. 0 - N� /, /� D NU, ,,..,. ma 4. Jtc �g2T2 i a222SURVEY OF cx- 2 STCRY LOT 8 * R31MEFiOUSE NI v9.rRR �` D'"D MAP OF PROPERTY 372' H ;��G� `�° t OF G. WELLS PHILLIPS I A TAL RLE No.297 FILED NOVEMBER 6,1909 nnr- )Thi I `�� �:; SITUATED AT +z o• "f '�� t'. SOUTHOLD CFCrpe6 _ e LErAL TOWN OF SOUTHOLD • SUFFOLK COUNTY, NEW YORK �• ��N ® pr,tu� S.C.TAX No. 1000-70-05-39 i . _, fie— WFEy t I SCALEI"=30' a•t � I •° ��1111i: ilDECEMBER 27,2001 • 'OCC, d 1 • i .� LOT© • 1 . •• ••- • l7' I may+ ll'c i mAFEA=44,739.23 sq ft m —W Qii o J FOLND 031,c Lta,L ; -0 •.� (TO TIE LINE) 1.027 80. 53 J . 1 ; . �g> 11 j b • r. IEEE ��� ; i r �� wTFOS FFDP6ifY IS IN ROOD ZONE X _ R000 INSUR4NCE RATE MAP No 3610300166 G _ iJ •C • ZONE AFEAS DETERANEO TO BE OUT9DE 500-YEAR FLOODPLAIN tQ +e.• V. I I' 6Qt$ • Tv , .a+m 4Y e /.. y�' 'CY ,•w ' AO -fN 10 WE '' I'LRY _ RIME ' •0.1.05 SNI( 1 ki03,:asT,,,,,, '''74E4 HI p • .. I 1 . i. . . z Wfl` O 0 1TA C e j,:. co 0 0 o G( d 6 WFE • M � ' o Z 0 wFE o C ws+EAnwu� • Mme~ la . ' � 'Fano 998 2 B]LEa MVB.pJr �� x`EREAD WFEy ,I I N84°15'00' ►%i/ a MLE•I2 1 • $ 10.00'• !f. • PINE NECK ROAD F , ` INAT}$ ALTERATION°RADER/ON TO IBIS 3A/EY ISA VELAT CN OF S9:N l 7208 ornE FEN Y1R(STATE EDL ATCN LAW CORES OF THIS SDR/E11/AP NOT WARNS THELANDSRVEYORSINKED SEAL OR INECISSED SEAL MMU.NOT BEOTNWDEFED TO BEA VALIDTRECOPY GERTFrCATI0N9 NDICATED lEI@!SALL FIN ONLY TOME PSSN FORWHCB111E SRIEY IS R9'AFED,ANDCN RS BBIALF TO THE TIRECOMMNY,GOVSTABRAL AGENCY AND L010NG NSUIMKN LISTED FEREN,ABS TO THE AS9(NEFS OF TIE LENDING NSTF TUTCN.CSQWCATQJG ATE NOT TMIBHMBLE NOTES, TFE Ex1STFNCE OF RIMS CF WAY 1-ELEVATIONS ARE REFERENCED TO N G.V.D 1`9 9 DATUM AND/OR EAGB WYrSOF. _,F EXISTING ELEVATIONS ARE SHOWN THUS AA ANY,NOT s oxN AFE NOT GUARANTEED EXISTING CONTOUR LINES ARE SHOWN THUS 9 ' aR -(ARAGER.ROR • RSTANDARDSFAOCDFRI OrAPWRHTHEA11dMM ` STANDARDS FCR TDlE38NLYSAS FSTABLl4® ---'`--"T� Joseph A. Ingegno TW -TOP OF WALL BYTHE L IAL&AND ARtW®AND ADOPTED SW BGITOAI OF WALL FORSA]I USE BYTFENEN TOW STATELAND TT(LEAS90WTION 1.- ) Land Surveyor • Title 91rveys — Subdrnsions — Six Plans — Canslruclion Layout RHONE(631)727-2090 Fax(631)727-1727 . CFRIES LOCATED AT MAILING ADOFESS NYS.LI.No 49668 1380 FTOANO%E AVENUE PO Box 1931 RVEi1EAD,New York 11901 Flvorhead.Now York 11901-0965 21-489 rr , • i , FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 1, 2002 TO: Vincent and Petra Benic 1375 Pine Neck Road Southold,NY 11971 Please take notice that your application dated June 28, 2002 \ zit JUS 1 �2 ), For permit to construct a 6-foot fence at _ f Location of property: 1375 Pine Neck Road, Southold, NY ` County Tax Map No. 1000 - Section 70 Block 5 Lot 39 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 100-231, which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. When located in the front yard of residential zones, the same shall not exceed four feet in height." The proposed 6-foot stockade fence is noted as being in the front yard of the parcel. 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. w / i ; TOWN Opt SOUTHOLD D BUILDING PERMITI_, LICATION CHECKLIST A r BT•1ILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health, SOUTHOLD,NY 11971 3 sets of Building Plans r TEL: 7654802 Survey PERMIT NO. Check Septic Form NY.SD.EC Trustees Examined ,20 Contact: Approved ,20 Mail to (f n4 ns•tee/ Disapproved a/c 31411A�/CJILw(��i g(t �' �• I I tO' _.._�._.. -.V Phone �p r t) Building Inspector I ,1UI\1 2 8 2002 Li 1 APPLICATION FOR BUILDING PERMIT BLDG DEfi. l''I NOF SOLID OLD Date (%/i( ,200 INSTRUCTIONS a This application MUST be completely filled in by typewnter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or pubhc streets or areas,and waterways i c The work covered by this application may not be commenced before issuance of Building Permit ' • d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant Such a permit shall be kept on the premises available for inspection throughout the work • e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector • APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,hous'i_•code,and re• ations,and to admit authorized inspectors on premises and in building for necessary inspections • _ --ir-.A ri d ...., .. (Signature of applicant or name,if a corporation) 137‘ Mil 4/ ®^` ling address o,applies tt�) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder nada `' Name of owner of premises vr/�/ sf�j (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No Electricians License No. Other Trade's License No. 1. Location of land on which roposed work will be done: �� � Ft/\) k)f P Wd House Number Street Hamlet County Tax Map No. 1000 Section cr7 0 BlockLot39 Subdivision Filed Map o. Lot (Name) ~ 2. State existing use and occupp. of premises and intended use and occupancy of prci,_ cons} ction • a Existing use and occupancy ( .{(LI (Q aaa-- 11,1 `J -t(i A-Nail Z 14• 4 b Intended use and occupancy 1'fitt-f-4 ((A_( 0E9 I DF- - 3 Nature of work(check which applicable) New Building ll Addition Alteration Repair Removal Demolition Other Work (Description) 1 , - 4 Estimated Cost O Fee ,)�c(7 to be paid on filing this application) 5 If dwelling,number of dwelling units t Number cif dwelling units on each floor If garage, number of cars .- 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories S. Dimensions of entire new construction Front Rear Depth Height Number of Stories 9 Size of lot:Front Rear Depth 10 Date of Purchase 2DO ( Name of Former Owner K12- (,( pA; p L 11 Zone or use district in which premises are situated 12.Does proposed construction violate any zonmg law,ordinance or regulation: '$ • 13.Will lot be re-graded Will excess fill be removed from premises S N F� lZ 475— 111'2 Cyst) 14.Names of Owner of premises V j f�C )leAddress 534 � 4- Phone No. sic q33 /4-34-03) Name of Architect Address Phone No Name of Contractor Address Phone No / 15.Is this property within 100 feet of a tidal wetland?*YES V NO • IF YES,SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 1&feet or below,must provide topographical data on survey. STATE OF NEW YORK) S/ COUNTY OF 'r0k�SS/( 0,--An 6 being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named,( (S)He is the Q /t,/ (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth m the application filed therewith Sworn fore me this 2 /' _ Uati. 20 O (, TIRP„lef V' Notary' 'IMON R,WHITE Signature o Applican NOTARY PUBLIC,Siete of New York No,01WH5040954 Quaffed M New York County Commission Expires March 27,2003 I I ��C 3 �9£E5og9 N , n j 84'6E co •5r�1.6g x>„:1.,:. � �% 411INEE150111 (CUES WALL ;I/ 0` I . 1.0.0.1•11111111111111 c'g^ q 1 -A B I 1gv. i06N<C91 .t ` aati.�ln IU � � �'�_ � Sn3 I igi 1 $ '_ '... o� �' ti.„ II 10.0 Q .. axm. ^� ° .....„..•••••.....................,, ma. -� SUI :4. ,%; 2 3TOFty a'tIli L T .I FRAMEFUUSE vl Ye+fRE Co ,25 ��__ I MAP C _ •� OF G. WE °7� FILE No 297 F I / _ 11' � �a£rn� �r CPOSe6so °� TOWN C I 4'_' k2.1-4 . ,, SUFFOLK CC 21 �� S.C.TAX NIC xi je, I �`.. DECE• I•'OCC. p' ii- car 01 a •• t �E ���/�� 1 10.] •a F A VV'' OAS VENT I IN AFEA-I,� 7 � a (TOTE LINE) 1 027, fo d 4` ••1 I.. is N J � • � ' - - vg? IDLE W m, sP • ,,' THIS FFgF13TfY IS IN ROOD ZONE X ROOD NSURANCE RATE MAP No 361030016( i1 �- lo, • ZOIEX AFEASOEFE MINED TO BE OUTSIDE T +° 160 + F 11 q. ouvc wt o I auo g 1...,1..., a AL. d Poltoo P' �� ur I I, t O'E -S ` M .• , NF R1AME 4,',1_CE 10110r4IN, 1 0% 11%Ait I WICEIutI . , • ..RACEsWraro,'. • l 1 F3 .m yli r • ,a •I - R • ••a I WU 0 R a ; f,:. 0) r Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/05/02 Receipt#: 1841 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1841 Total Paid: $150.00 • Benic,Vincent 1375 Pine Neck Road Southold, NY 11971 LYNDAB Internal ID:62194 `ENT BY: MOORE' 631 765 4643; OCT-11 9:37; PAGE 1 /2 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 6, 2002 TO: Vincent Benic 1375 Pine Neck Read Southold,NY 119 i 1 Please take notice that your application dated June 4,2002 For permit for additions and alterations to an existin single falnil dwelling,at Location of property: 137'5 Fine Neck Road S uthodl NX County Tax Map No. 1000 - Section 70 Block 5 Loc 39 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to thisexistin non-confarining single familydwelling• on a 43, 60 square foot confa'`rn.ut lot in the Residential R-40 District its riot permitted pursuanttee Article )$XIV Section 100-242A whichstates; "Nothing in this article shall be deemed to re„ , vent t xe aemode i�j cs t'prov.d that such cnlargerrken____ t of a na� n-confomiu) butldtn cot action does not create any new non-conformance r increase the; de ee of non-conformance with regard to the reulations ., tainin to Such buildings-" dwellin has a single side yard setback of 4-/-13 feet and a total side yard setbacd 4l of o f4. The exlst�n ro osed notal feet and a roposed sin ,le side and setback of+/- 12.5 feet and a p 1� Therefore, _ ihe'pronosed additions and alterations are not permitted pursuant to Article III, Section 100_ _32,wbic_ h sty "No building,or renliscs shall a used and no buil ding to tp unlesart s the samleof shall ce? eerected o the altered in he ASC 109 R-120, R-200 and R d3ulk 5chadule and Parking Schedule incorporated into this chapter with the same force and effect a____,51f,§Lat re ulations were set forth herein full•'_' 'Total loth ra e following theto osed deck addition,will be+/-55 percent. (A) -14 3 STt a- -4.. Authorized Signature � � LY" ' ( ) <D `ft ?) A- -+V) CC: fllc,Z.L .A. 01-6 re S SENT BY: MOORE; ,'~``\ 631 765 4843; OCT-16,'��' 9:38; PAGE 2/2 existing Garage to / remain undisturbed Propos d New Deck / Existing Deck— z,:: lie , 7.7.,,-- 1 ,. ----\\\ U fi� 7 Nom'° ,. 4AP/ .Y1' A,111 �nn P X v F • �. s.F, 12' u 24' 16' Proposed Ncw Deck— —/ Proposed Addition (.1) SITE PLAN - PI-IASL 2 — __. — — — IJi{ FORM NO. 3 1� ' ? AUG 2 7 )Z r NOTICE OF DISAPPROVAL ' L---_--- -- DATE: June 6, 2002 TO: Vincent Benic 1375 Pine Neck Road Southold, NY 11971 Please take notice that your application dated June 4, 2002 For permit for additions and alterations to an existing single family dwelling at Location of property: 1375 Pine Neck Road, Southodl NY County Tax Map No. 1000 - Section 70 Block 5 Lot 39 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing non-conforming single family dwelling, on a 43,560 square foot conforming lot in the Residential R-40 District is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing dwelling has a single side yard setback of+/-13 feet and a total side yard setback of 44 feet, and a proposed single side yard setback of+/- 12.5 feet and a proposed total side yard 43.5 feet. Therefore, the proposed additions and alterations are not permitted pursuant to Article III, Section 100- 32, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Total lot coverage, following the proposed deck addition,will be+/- 5 percent. Authorized Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. -Vr\ r\. -4-9\:, 5 0-q, S-13, be pUS--S'. ce„., o 1 0 �o N/F GUS SIDERIS (42T MAP) rA ` Si 0 p 421.141 \. y-4F 4- I J N5° 00' E F FR GAR. —., MON - 9y !y 0.5'e. /RIS W/RE re�Ce MON �w,tt • m l 9 O/J L/Nd %, -0 tn� (P • 0.6'E. ENG N6.f0 1 Z PeNlE O � /N 0 1, Z 11 ANO SE D e 1c2 Z v 0 .i p rn �.; Y Du1La l C�"`r4 ° AI I STORY mC . o FRAME i a ICEI I. '� g. z �� i RAISED RANCH 4 rn/ t•-• •••• FRAME DWELL t-i' 1 DWELLING 2sa'•/ a j• z N • • (7 ........., .....R...- O. ® n r • jIb3 hDm to Z Q r w • D rD 1 ,o 0 r PR•/V E w.'4•Y • _ w Q A 2• ' FRAME 1 547vis a� 71 iibb n •• WIRES GARAGE . O 0 _ OVERHEAD gERVICE 4 2'e Oe D MON• p • PIX, (466' MAP) my TO Z 0 � PETAL C t • $jo 001 W \PETAL P GARAGE 462.50'• ?A' u SHEDS i CT ' 0 N JAMES F.. a ,• MAUREEN A. WILLS =.) t� N/F _ N cT CD -4 Sn CD z 1 1+ y %i a 3 I v UNAUTHORIZED ALTERATION OR ADDMON TO A SURVEY MAP BEARING A LICENSED LANE SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7208 SUB-DIVISION 2 OF THE NEW YORK STATE EDUCATION LAW. • ONLY COPIES FROM THE ORDINAL OF THIS SURVEY MARKED SEAL OR HIS EWITHMBON SSED SEALSNAI'.BGINAL OF THE LAND COSIDDERED TO BE INKED AUD TRUE COPIES QK�QwN A Y vE CERTIFICATIONS INOICATD HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED II,ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW YOS SAID CERTIFICATIONS SHALL RUN STATE ASSOCIATION OF PROFIONAL ON Y 10 THES LAND ORPERSON FOR WILE COMPANSURVEY IVPREPARED AND ONY A BEHALF Thomas Licurse THE TITLE COMPANY GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREIIN AND TO THE ASSIGNEES OF THE RE NOT TRANS- FENRABLE TO ADDITIONAI INSTITUTIONSAOR SUBSEQUENT Licensed Professional Land Surveyor OWNERS (5161-724-453 0 `a p P1E PO Box 701 CERTIFIED To= SURVEY OF PROPERTY AT SOUTHOLD "�� y t7 1p Jericho.NY 11753 NATIONS TITLE INSURANCE OF NEW YORK INC. ��{�4 'C = ' OMNI ABSTRACT CORP. (9408-296404) TOWN OF SOUTHOLD _ _�fr.yQ �,�.�y � COUNTY OF SUFFOLK, N.Y. (MED.II-06-1909,#297) •-• j %n ROBE LESLIE MARIE WINDISCH DPROP.OF G.WELLS PHILLIPS D ' MAP OF 0 •/� _�...- I 4 n , LOT: 8 • PNC MORTGAGE CORP.OF AMERICA BLOCK: Th,-'11•C,..-• x .. 6049864 • SCALE: =40. DATE: DEC.9, 1994 r '` DIST. 1000,SECT. 070.00,BLK.05.00, LOT 039.000 NVCRPS ASSESSMENT INQUIRY DATE : 08/23/2002 473889 SOUTHOLD 'CHOOL `SOUT:OLD SCHOOL 7�OLL SEC TAXABLE P�.�LS 210�,���'',F. RES OTAL RES SITE 70 . -5-39 1•� ) CO; TOTAL COM SITE 1375 PINE NECK RD X0'0 Gy ACCT NO 08 = OWNER & MAILING INFO === I =MISC; l = ASSESSMENT DATA BENIC VINCENT & PETRA IRS-SS; o ** RES PERCENT 3 3 4 T9 Q 11,L5A095 Main Road I 1 ?A • , �`��� 1,600 ** 1.) 51823 HICK SVIWEB4V{Y113,9],801 I BANK "* - 0.•0 8 ,000 COUNTY Telephone(631)765816O/10 Southold,New York 11971-0959 0175903' .. it ' j,.°O R** TOWN 8 ,000 I ILA --' " 1,600 SCHOOL 8 ,000 I ( TOTAL 8,000 ==DIMENSIONS --- I SALES INFORMATION ACRES 1 . 00 ' BOOK 12135 S PltiATEDlire4FM1T SALE PRICE 505,000 IPAGE 239 W WW WWTIIESLIE & TOTAL EXEMPTIONS 0 I TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE IFD028 IPK070 IWW020 ISW011 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75. 10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU 473889 70.-5-39 _ OWNER : LESLIE WINDISCH NUMBER# DATE TYPE �,# USSCRIPTION 4810 6/19/70 PERMIT owi,►+jrr ,�''`.�1. ii . 4810 — N' b _ 23285 10/14/94 PRE CO 1'�'=� G � • b� 4988 10/06/70 PERMIT41'•x' l �' #4988 - DWELL CO ..1'" --6140: own :.1 , I' v am 'oad ,�` Fax(631)765-1823 1�'il i°/`1' P z MIT ' ' 411 ;'f' ;���� .N+ A SIDENCE - -. one 63 .5-1802_ ou o New :• . -1. a - I�p 26658 7/20/00 PERMIT 27289 '��^-'•'Al‘an '' ATION _ 0/00/00 BUILD1Nlr DhleAR 1'MEN'1' _ 0/00/00 TOWN OF SOUTHOLD 0/00/00 _ 0/00/00 _ 0/00/00 _ F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit • � , TOWN OF SOUTHOLD BUILDING PERMIT r%rrLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? i. TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL:(631)765-1802 Planning Board approval FAX:(631)765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Contact: Approved /� 20 Mail to: dff� �a- ;�1��// Disapproved a/c 1 / � CA � �G�' OJIP Phone: �fi_�ays p(fL/� h g1 Expiration A. (Gj ly t --'j\-.)!) Building Insp=ctor q sll , 111\--,-,),T— � 3 2002 L APPLICATION FOR BUILDING PERMIT 11iLDate ,20 Bl Dc, ' , ' a INSTRUCTIONS it`,a�.y fly „f.'.,`l''1 OLD a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections.4/ „....-----ll'4 _,,,....; (Signature of applicant r name,if a corporation) A — o Al: 'e//( -1 // f/ (Mailing address app icant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Otaae i yam' Name of owner of premises 1/l/UC%sj/7 P/� /3 j z (As e tax roll latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) r Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Loccaatii�onn ofland on which pro osed work will be done: House Number Street • VOUJ17 ' .-' N OV 14Ol 17f4/ , County Tax Map No. 1000 Section 7O Block Lot S 1 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy SIIJ? C4Ft (g Ar->lR4 Wce-- b. Intended use and occupancy 5/410 67kr44FX/Ce-• 3. Nature of work(check which applicable):New Building Addition V Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost '9 .01,66:10 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units f Number of dwelling units on each floor If garage,number of cars 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 1.14-'1 7. Dimensions of existi g structures,if any:Front �'jto' Rear Qa 6C Depth . 1 l Height Number of Stories Dimensions sarfie strtpture with alteratio�nspr(additions: Front .r7-6p Rear 57-G� Depth M Height Number of Stories entireTIC-6f c �— f to 8. Dimensions of slew construction:Front Rear ! ? Depth � e- . Height Number of Stories 9v 4r 9. Size of lot:Front10/9�� Rear lB'd� 12 Depth �Zl To 10.Date of Purchase D(2®D/ Name of Former Owner "M., fff Af O IS, 11.Zone or use district in which premises are situated 12.Does proposed construction violate any zoning law,ordinance or regulation?YES VNO__ 13.Will lot be re-graded?YES NOWill excess fill be removed from premises?YES NO 14.Names of Owner of premises Vadeoff22av4&ddress 3 3 4-Au lt a Phone No. V16 733 1P.5.-c/- Name P3srName of Architect SA.CfGer, Address Phone No Name of Contractor Address Phone No 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES NO *IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?*YES NO *IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) COUNTY OF& a f; NI1 7, TC— being duly sworn,deposes and says that(s)he is the applicant (Dame of individual sig�g contract)above named, (S)He is the 101/1//a (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. S onto before me o • . 20® nili otary Public sile Signature of Applicant RICHARD R.PATRONE NOTARY PUBLIC STATE OF NEW YORK .' NO.30.4679216 COMMISSION xSt V"` 30 � Page 83 January 16,2003 Southold Town Board of Appeals Regular Meeting Public Hearing 3:21 pm Appl.No. 5220 -VINCENT & PETRA BENIC. This is a request for a Variance under Section 100-231,based on the Building Department's July 1, 2002 Notice of Disapproval concerning the height of a proposed fence v,Chich will exceed the code's height limitation of 4'. 1375 Pine Neck Road, Southold; 70-5-39. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? VINCENT BENIC: Good afternoon, I'm Vincent Benic, I'm the owner of the property. I am requesting permission to build a 6' fence in my front yard. Just to set up the plot plan,my property is approximately 100'wide, it's 422'long on one side and about 450' on the other side. My house is situated all the way to the rear of the property which is approximately 350' away from the street. My neighbor, therefore the entire 350'is considered to be a front yard. Also in the back I have a wetland situation where in reality my rear yard is only about 20-30'. My neighbor to the left is his house is about 75' from the road and his rear yard is about 350' and what I'm requesting is to provide privacy as well as to provide just some visual as some lawn equipment and things like that on the lawn. I'm requesting a 6'high stockade fence. CHAIRWOMAN: What is the length of the fence? MR. BENIC: About 180'. If you could look at the survey that I submitted, it would go from the back of the neighbors garage all the way to the 100'wetland area. The reason for this is it's been a very difficult situation the neighbor in the past year every time my kids or I go out everything is scrutinized and at this point I have no choice but to put up the fence. CHAIRWOMAN: So it's a good will privacy. Ms. Oliva. MEMBER OLIVA: So the stockade fence is really running along this side of the property. MR. BENIC: That's correct. My neighbor has the right to put up a 6' stockade fence on either side of the property and I wish to have the same right 6" or a l' from his right. Basically it's something I think is absolutely necessary at this point. CHAIRWOMAN: Mr. Goehringer. MEMBER GOEHRINGER: Although we haven't done too many fences recently sir the proverbial question is what side of the fence is going to be your side, the good or the bad? MR. BENIC: Whatever you wish, it really doesn't matter to me. I can put the good side to the neighbor or my side. MEMBER GOEHRINGER: How long have you owned this property, sir? MR. BENIC: A little over a year, about 15 months. Page 83 of 128 -f 1 Page 84 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER GOEHRINGER: Let me get this straight,if you put the good side up and your neighbor chooses to put a fence up then you could turn your side around with a good side to your side? MR. BENIC: Or I can put a fence that would be good on both sides? MEMBER ORLANDO: Have you discussed with your family natural screening? MR. BENIC: I have put in about 25 six-foot high evergreens along the front part of the property. About 1/3 of those trees are dying. It could be due to the fact that there are just too many trees on the side,it could be the drought this summer. I spent a great deal of money to no avail. They are dead. MEMBER ORLANDO: I think purchasing a fence that's common on both sides so everyone gets a nice look. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION 3:33 pm Appl.No. 5231 -NANCY ROSS & OTHERS. This is a request for a Variance under Section 100-244B,based on the Building Department's September 19, 2002 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building, with a front yard and rear yards at less than 35', less than 10' on one side yard, and less than 35' for total side yards. Location of property: 3350 (Town House#115) Park Avenue, Mattituck, parcel 123-8-22.2. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? DIANE HEROLD, ARCH: Good afternoon I'm Diane Herold, I'm the architect with me is the owner Nancy Ross. I'd like to explain briefly why we need to demolish the house and why the need to build a new house. NANCY ROSS: Hi, I'm Nancy Ross and I own the property with my sister and both of our husbands. We bought it 2 or 3 years ago from my father who's owned it for many years and I've been using the house every summer for 23 years. It's a very small 1-story dwelling in complete disrepair and it's on a very oddly shaped lot. It has very small setbacks right now and what we are proposing to do, what we hope to do is keep the existing footprint in addition to squaring it off in certain corners and raise it up and add an additional story because my sister has a family and I have a family and right now we are very crowded using this house during the summers. It does get very extensive use during a small part of the year and no use at all during the rest of the year. Any questions? Page 84 of 128 ,, 011)- _ _ r , FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL# a107-0 ASSESSORS CARD (7 COPIES) NAME ,ii ✓ CTY. TAX MAP (7 COPIES + 1) CTM# i0 -5 -•v' ✓ INDEX CARD (ATTACH OLD) TOWN erVirfi ,/ LIST ALPHA BOOK 1,1/ RESEARCH ALPHA COPY PRIORS _ ,/ SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION 3 b r_ - L ?J>(>ft6YV� gra 4.4.1 _.4 :(,fi. - / -e R.Gd )L& U &,I. /)7Cab-LLh' lf ytip -B-VS vn 3 '1^ a„e 41-)0&. " ...... .....,..0 „pert,,, o Prete ,�.4 -,., r-,,,.-- ,e,,, _ 1 1 ZBA office mailed copy of map with proof of Affidavits of Mailing with receipts and posting, as requested by telephone 2-3-03 to: Mr. Larry Sideris 3 Franklin Ct. W. Garden City, NY 11530-6111 Ad*. i I 4U.1 e : :, .. . TO'd 113110, ','4111 2'I . • • '11 '1,1,::1 iiia a'EN h huh, , ui r, ., 1 To: . /___..t1-1-1 ld., I f' c2 , I C oin t` w 'e. c e.. 1 FROM: .1-,nre- S c\ec S . 01-11 : p , ta,,:r. .rcr�*i..r „. ..!„ ,r. . . , ,,,c xt . € ,'. . r T 1:rr..1 .C'. y, ` DATE FAX OcI-6 3(-765.-- r . o 2.....3- J PAc m ToT A L 0 ,,..t d' 1 eDec-I.S___:L___-;71,.. 11...t..(1.._2. : o COMMENTS: 1 il< ;:1 g I ,. TO'd OZt'L 82S 9TS 91:21 200E-PO-H3d _.,,,,, _ 1• `: COMP'-7E THIS SECTION COMPLETE THIS1401.1d014111c1r ■ Complete items ,;2,and 3.Also•complete Sign item 4 if Restricted Delivery is desired. /� _ 0 Agent ■ Print your name and address on the reverse '– _( 1 i• -�� 0 Addressee so that we can return the card to you. :. eceive. � ed Na 1e)!. �C. Date of Delivery • Attach thic.card to the back of the mailpiece, i b� �� or on the front if space permits. — � -.., 1. Article Addressed to: D. Is delive addres(different from41r1$,(Yes A If YESter delivery address below: ❑ No Mc,�ohrn - HO , JAN 1 4 2003 7)-o lActSi- • 6� �A �k_Q� , L k Nly 3Srvice Type 1.4-AIL) orcce,(),QAI Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D �' `" 4. Restricted Delivery?(Extra Fee) 0 Yes 2. A(Transfer from servicenNumber 7002 2410 0007 9657 4611 j (Tra - - , ,-7. :,__ - •rn Receipt 102595-01-M-2509 UNITED STATES POSTE 'RVICE I ;lass Mail 11 11 1 I ge&Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box \i We/14—cS eM 't C— c/y-1_5 e;,,,),_ \ ,\Q.,A5 p j . 0\14?rN .c')\ ' 1 « 7I 741ICgtig•Z•1111,! ' C• 7 COMPLETE THIS I -CiiNtiiJ Ii1 I1Lgm • Complete items ,2,and 3.Also complete • Slgna ure item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X • • 0.0...0_1,2_\9_,W� Addressee so that we can return the card to you. : :=ceived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ��, 6 2003 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No \Jr , t Cs \ Lc \I \ cA Gct,( C-Zejd -C-1- • 3 ice Type / 6 � (-AI U kceir Certified Mail 0 Express Mail r` Ct(fric T ` C i\1- 11p Rye 0 Registered 0 Return Receipt for Merchandise � I 0 Insured Mail 0 C.O.D. I --3 0 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number — --- - - (Transferfromservici 7002 2410 0003 3297 5155 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTA RVICE F :lass Mail 1 1111 F 3e&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box °- \‘ N Ce/At- 5 un 14 C, . 37� iNe & k< Ra , 1 G o �& �N1 �/ � iicO c 7.: 1111111„11111„1,1,1„1111111„1„111111„1111,„1,1,1„1,1,1 / ESETIII ,'S 14�IB, 4.W Mid/JA: IS SECTION COMPLETE THIS SE 0 • Complete items 1,c,and 3.Also complete Signa re item 4 if Restricted Delivery is desired. �j❑Agent • Print your name and address on the reverse � -❑Addressee so that we can return the card to you. B. R ived by(Printed a e) CpepDelivery w Attach this card to the back of the mailpiece, /� ► / /'! or on the front if space permits / to 1 �; ,r'9 b3 D Is delivery address afferent from item 1? 0 Yes 1 Article Addressed to• If YES,enter delivery address below 0 No n Mir•ink k 1I % a,IY\ Pair li< t5 o0 PikleNe-ckfq .- _I D \ 3. Service Type I r -� I 1-e_cc.p-t-' 0,,,\r_o 1,0 4v r L Certified Mai( Express(v�a't ��VJJ VV ) Ili Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2 Article Number — — -- -- (Transfer from service! 7002 2410 0003 3297 5193 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 ', I ; ail I } ' I UNITED STATES PO SERVICE st-Class Mail 1 11 11 11 stage&Fees Paid PSmSit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • \l, \ IN\ Ce IA a CIA 1 C - I -1 5 P1Ne-1/2\kc- k ik d 5,,4,,,Id,. , N. y. 1117 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD_NEW YORK x In the Matterof feta the Application of W Jkr ib AFFIDAVIT (Name of App scants) MAILINGS CTM Parcel #1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, V (OW( VDt residing at tW p(Are/JE(6- edgiottPe , New York, being duly sworn, depose and say that: On the - day of , 200personally mailed at the United States Post Office in t C, of , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown 9.n the current assessment roll verified from the official records on file with the ( ssessors, 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 prose . -Irvi via (Signature) Sworn to bepfe me this I ( GARY PATICK - Notary Public,State of New York..,•A No.01PA6081693 Qualified in New York County N ry blit) Commission Expires Oct.11, 6 I IPLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 7.-- , + ~- `ti*lre a^ ; { '--Ay ., ,,Ui S:' u.ostalduce}M r y 'i t,A*'''4" ,�Y ''''''''N*;`� `'oaf; 4•`el. 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Postal ServiceTM U S 'Postal SvjceTM,�G ; ° z '4 '44' -,- , Ir 'CER IED AI'L'TM;i `EI'PT. 4 , I CERTIFIED MAI Lm RECEIPT I o once vr 3� Domestic Mail Only;No Insurance Coverage Provided) ru - (DomesticMatl�Only;Nlnsurance CoverageProv�ded) £v x -� ( I ^r-g n b ai I.7 %J or'delivery information visit our website at www:usps.comt For�delivery i riformation Visit our website�atywww uses cotn® 7' {��Pw D- ' t ' 1( :" `l: /-,1 6 8i �l BIi FQL� f� 1�1t6 IT page $ 0.60 UNIT ID: 0802 r^ Postage $ M tit UNIT IU: 0802 mIN O Certified Fee MPS 1 Certified Fee 2.30 Postmark Return Reclept Fee -' Postmark i 0 Return Reclept Fee 1�?J Here (Endorsement Required) Here 1 (Endorsement Required) 1.75 ) O Restricted Delivery Fee o Restricted Delivery Fee Clerk Qt tlTQ r9 (Endorsement Req fired) Clerk: KK7VVR ri (Endorsement Required) IZJTotal Postage&Fees $ 4.65 01l06l03 Total Postage&Fe $ 4.65 01/03/03 I _ O Sent To n O Sent To „r- �`l\A //�-V.6-c im I N - - �"h eA6-SEn S`ireet Apt No.V; /� O J .}_. i C` Street,Apt. ' or PO Box No. d or PO Box No. �� I,/ ►�1l C . L ` I 4)_ �_=k. ' City,State,ZIP+4 �'`�l 1,1c N V! City,State, 4 1�.;I}- � -.4 �� L -'-r.,,.� .\,,,1-�30r, I `� � t -- ` r"" S�` gee_Reverse,for lnstructior / .` ''• ;,a, *' 7 PS-Form!3EO June 2002 f Forn 3ti00 2002e�,,, *4`�, �,, .,,, Reverse forinstructions, - "-!, - - , v Z v V�° ., LEGAL NOTICE , r SOUTHOLD TOWN - I • ,110.4110,Of APPEALS .. ;,1 STATE OF-NEW YORK •THIIRS$AY,,JANUARY 46,2003.'•-; . ' • PUBLIC HEARINGS ' • )SS: NOTICE is HEREBY GIVEN, pur- (JF SUFFQLK) suant to Section 267 of the Town Law r _ � J � and Chapter 100-(Zoning),Code of the• 4�,I/ ,c/r4/L- &� ,e____of Mattituck, in said • Town of.Southoid;the..following public;-•; county, being duly sworn, says that he/she is '• ' heaUTH-.will- bb held. y orz I Principal clerk of THE SUFFOLK TIMES;' a 'weekly • • SOUTHOLD TOWN BOARD•OP I. • APPEALS at the Town-Hall, 53095. . ' - newspaper, published at Mattituck, in the Town of Main Road,Southold,New York 11971,, - on Thursday, January 16, 2003, at the,- Southold, County of Suffolk and State of New York, times noted below(or as soon thereafter.. and that the Notice of which the annexed is a printed 2:05 p.m.Appl No.52-42'-Gary and I copy, has been regularly published in said Newspaper Letizia Bloecker.This is a request for a Variance under Section 100-244 based I once each week for / weeks succes- on the Building Department's sively, commencing on the /7 day Septemher 30, 2002 Notice of;. of Da—e.- 2UD.Zi Disapproval concerning proposed addi • tions/alterations to the existing dwelling;, with a proposed front yard setback at- less than 35 feet,at 1145 Gillette Dnve ' , ' East Marion;Parcel 1000-38-3-4 '- ' rincipal Clerk 2:10.p.m.Appl No.5237-Vassillos:w: 3 Jand Maureen•Speleotes. This is a /� request for a Variance under Section? Sworn to bef re.me this ' 100-244B, based 'on .the Buildin,; •day of 0.P G 201 • Department's August 7,2002 Notice•of`=; ' Ddaponwl concerning ios proont s backY;.y �,—QI J. I /� C n '- additions• with a proposed front setbacic�• ( x',(-CGL at less than 40 feet and proposed rear;=,' LAURA E. BONDARCHUK yard setback at less than 50 feet,at 115 Sound-Drive, Greenport; Parcel 1000-{- Notary Public, State of New York ' 33-4,-60 - No 01606067958 2:15 .p.m. Appl. No: "5187 "; Qualified in Suffolk County by Resnlntion cin. Hearing Reopened; j My Commission Expires Dec.24, 20©� by Resolution of the Board adopted :} I November 14,2002.This is a rehearing,;:', pursuant to,the November 14, 20021-;. Resolution-of the Board, concerning- applicant's oncenringapplicant's requests for Lot-Wail ars - .under Section 100-26 to unmerge.(a)•a.'_ vacant parcel'of 20,000+-sq.ft.referredr ;,, •- to as 1000-89-2-5.2,(b)a vacant parcel .'',.; of'2Q,900+-sq.ft.,referred to as;LQ ,i;,; 89-2-3, ayd.(c) an improved lot w;;• .•;;i ) 1 111011-$9;2 5 ;Based on the Bpi '' '` ' Department's April•12,2002!Noticei i '' P.,,,1^'- Disapproval,,corrected 4ept8mberx-04tl 2002,the prop0t0ies hive,merged un;'3 .',,1 Section.100-25'due to-common'owne,'_"':.' ' ship with the first lot at any time,::.•,,,t1 July-, 1,_ 1983-7.tine-1)istrict;.,I-;e ;a ' Residential.'Location of Fro;,rtya,I i F, . ' and26 tk 101.d',Larie aitll;l:'a'°.r•rEV&, Beach .Turd;,Snntimik''' a' y 1;tf.r l 0myS0d iApplN 2ntent�°! / and Petra Benic.This is a request for a ` Variance under Section 100-231,based .- on the Building Department's July 1, - }e? 2002 Notice of Disapproval concerning ,• the height of a proposed fence which .'t will exceed the codefs height limitation :2/,'! - of four feet, at 1375 Pine Neck Road, i'''‘''.! Southold;Parcel 1000-70-5-39. 'i .s 2:25 p.m. William Lois. Appl No. ?:-. . 5258 as to 58105 North Road,Green- , port, referred to as Parcel 44-2-9, and i1 A Appl.No.5257 as to 57875 North Road, Greenport referred to as Parcel 44-2-8. i Variances are requested under Section ..1,:'^ 100-231, based on the Building Department's October 28,2002 Notices ' ; of Disapproval concerning fences pro- iA posed with a height over the code limit- m - ed four feet when located along a front - yard. e 2:35 pan.Appl No.5231-Nancy R. !° • OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(a�Town.Southold.ny.us or Pau la.Quintieri(c�Town.Southold.ny.us (631) 765-1809 fax (631) 765-1823 or 9064 December 19, 2002 Re: Chapter 58— Public Notice for Thursday, January 16, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Before January 3rd when possible: Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a copy of your survey or filed site map, showing the new construction area, or map with details of your request, by Friday, January 3rd to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before Tuesday, January 7th: When picking up the sign, a $30 check, as a returnable deposit, will be requested for each poster with metal stand (or $15 for poster only). Please place the Town official sign poster no later than Tuesday, January 7th. Securely place the sign on your property facing the street, no 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 available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) Before January 7th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) Before January 15th, after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please be sure to pick up the poster between Jan. 2" and Jan. 7th, between 8-12, or 2:00-3:30. Thank you. 1111 _ I • newt 9114 q091 �gq-zed Mlles . •Fret Ei tad �� air e� Fres gli6t Pm! eueiq.aed ggasu a', se a+enoe a-.p;ss ,Lein _0116i aI '�1*amd PUees . 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U "in'pti'nq. ..asgs-eoot pelgwev p...a eqnao; eq sbposTmaed 040000a quseltd4W elm warm spun pawl( an v01434)d1UT Pei sflt4e.544.eaiU ,1043T oisedeea es esa 0a-six) goiwatettddt- spgq, qe'e abs ' needs 04: segstn oar t ;sooead amble eaeq . sI _o VSA? , -L •- J f • -8- T dna You bought from two separate owners? . BARRY: The negotiations' were handled through. i'homas. Lynch but-two- sisters owned one of the cottages. All three names were on the .TBE ORA : - I deist- think it-eoacerna us because the_ property is large enough.to divide in two mow.i _ - 1 . BARRY: At. one tins,-for at !least five years, there were two clear and distinct ownerships. ! EAT :. (R®ferrisg to Hap); There is a sort of line on the map. . Yom-have not ,suggested a dividing line have you? NR. BARRY: That may have been the way the Zap--was folded.. TBE-CRAIRNANs This is a photostat of the sirvey? NR. BARRY: Yes, here is Van .5171,4 map. . _ • TEM 011gxaM&I: Yon are reatrieted somewhat by the location of the front house, Pine Neck Read, �. 'BARRYs The mid-point is. well north of that -cottage. It,ss. about 170 ft. from the monument at the read to the middle of that cottage. _ .__. •_• - TgR. Wbati s- the minimum rear. yard? IR, TB Y, Building Inspectors-. 25 feet.-- RR. BARRY:. I presume a survey might be necessary. . H6AdE: Are you planning on selling. NR.- `Y: Net at this time. I am living in the house on Jockey Creek. 141., His You are .going to demolish this present cottage? Bhiklding , specter: Net at the: Present time. -Mr, Terry •a d Beard 'Isenberg; referred to the Hap and discussed measurements. THg GRAMM:-- 230 feet would give about- a 30 ft. 'be.ckysrd. Bg, ti, •+-s That woad be ,okay because it oculd be put forward. TSS 013,11-ttiONI If you, plan ti►"do this; make. another. applillation to divide,the lot. If the Ordinance does change.; under the proposed new Ordinance yen would have 10,000 sq. ft. minimum. •'r, - - I r R- , - ' ,. •1 • VA . TERRY, Building Inspector: _ If you. approve access 'through - the trent. lot to-the rear.let that. is:all that is necessary. Describe the front lot and leave the rear let as a parcel. That would-con- stitute enough to hold it. • egg•'01111IRNAM We could define the rear lot by defining the front_ let.- .That severs it. BR. BARRY: You are tacking about making the line at what point? TIM CHAIRMAN: - The dividing line between the north lot and the' south.lot wot d:bon nee- at a point 230 feet from'3 ine Nook Road along the west boundary on -course north 5° and -proceeding in an easterly direction at right angles to.the aforementioned line to intercept a parallel line forming the'easterly' boundary of the applicanV s property... a distance of 190 feet. ' BR: TIDY, Building Inspect: Would you prefer to have access on the easterly line of the let? - . _ ' TBE dRAIRNidfs irne' access which the Board approves in. this application. is '15 ft. paralleling the easterly border of the property preceeding (roll Pine-Neck Road, •I,et # 8- as described in the. survey of Tan Tuyl, December 8, 1962. The-aboese'we. approve is 15 .ft. along the easterly side Of -Pine'Beck Road lot.- We have to describe the exact location of where your assess is in- ease you sell this. -a4IRI : •Is there anyone present who wishes -to speak against gis• application? - . (There was no response.) -• -- • • After ,inveetigatifin and inspection the Board. finds that the applicant--requests permission-for approve' of .aceess to_an interior lot. ; it is desired that total .property be divided -into ,two. parcels in a manner that ,will .permit access to- the northern 'parties and -possible_ sale of either or both-portions at a future-date. The requested variance is for a continuance of a preexisting condition. -The Board finds that strict. application 'of the ordinance woud prod.,uCe practical ,diffieulttee or unnecessary hardship; the:hardship created is. unique and, would not be -.shared by all properties, alike in the 'I ediaae' 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. ,x motion by Mr. Hulse_, seconded- by Mr. Grigonis, it was - - .I OL -Henry Barry &c"wife, -Pine-Beek Read.; Southold;-New York, be GRANTED approval of access to an interior lot as applied for on - preperty.hounded north-by ..dockey Creek, east by C. 'Llbertsen; south by other- land' of applicant; west by I. Schaef.. This 'approval is subject to the following conditions: - _ oditions: -- - f-- r ' • -10- 1. The access to be 3, feet paralleling the easterly border of the property -proceeding from Pine Neck Recd.. 2. The dividing-line between the north lot and the south lot would scanee at a point 230 feet from Pine Ne©k Road along the west boundary on- course north. 5° and proceed in an easterly direction at right angles to the aforementioned line to intercept a. parallel line forming the'easterly boundary of the applicantp;e property... a distance of 100 feet. Vote of the Board: Ayes:- :'Messrs. t i.litepie, Srigomis, Nulse. ^ 143BLICROARING.: Appeal No. 1363 8:16 P.N. (LD.S*T.), upon application Of_Lois--Barker,'"a/c 'Phe -Love.Lane-Shoop, ?tee.I�4nd, - Xatti uok, New York, for" a special exception to erect a wall sign on aide wall--of existing business -building 'as. provided in Article IV, section--i.08 -and 11.08-(b.) of'the Building Zone- Ordinance. 'Location of property: east gide-of, Love Lane, Nattttuek, N. Y.; bounded -north by"Bruin; east by Matt-ituek .Park District'and ,others; south by N.- Kelsey; west by Love Lane... Fee paid $5.00. T7 Chair -opened the hearing by reading the applicatisn, for a special exception, legal notice' of hearing; -.affidavit attesting to its publication. in the official newspapers, and notice to -the applicant. • THE MIR/Wu Is there anyone present who wishes -to speak for- this 8pplicatimt LO W':-- 3 at Lois Barker: ' I"think I hate- explained it in Pull is "_the,application,... I have a big.blank wall that is ctrying for advertising. � SRY, Building 3hspector: When the Ordinance first went into effect., -: re Used to be a billetin board there. Since then it has been removed. There is now a bleak walls- This is net a public street.-" The Park District cots part of i,t,.. a laey owns part of it, and the Park District leases it. - l4R. GBIGONX3: I move -that. we grant-the- application as applied Per subjeot_to the usual sign eonditions, After 'investigation and inspection the Board finds that the applicant requests a special'exoeptioj to erect a wall saga en side" wall of existing',bittiness. building located east s.i e•- of 'Lim Lane, Matt'itnok, New Fork._ The findings of the Beard,are .that_the applicant is unable to. erect 'a ground sign in this location. The- Board finds that the public Oor yeniense and welfare and justice will be served and' the legally established or permitted .use of neighborhood property and adjoining use districts will net be permanently or substantially In jurred and the spirit of the Ordinance will be observed. -- - r-r1 - - i 1 - 'I - • • APPEALS BOARD MEMBERS ,0./''S F.F04� D +G'p • Southold.Town Hall Gerard P.Goehringer,Chairman / T rt• 53095 Main Road James Dinizio,Jr. o - P.O.Box 1179 -^� Lydia A+Tortora . v-. i Southold,New York 11971 Lora S.Collins ,,may . 0� + ZBA.Fax(516)765-9064 George Horning _ .1 hroo Telephone(516)765-1809 BOARD OF 'PEALS TOWN OF SO OLD • FINDINGS, DELIBERATIONS ND DETERMINATION MEETING OF DECE BER 14, 1999 Appl. No. 4749 - LESLIE WIN DISCH 1000-70- -39 STREET&LOCATION: 1375 Pine Neck Road, Sou old DATE OF PUBLIC HEARING: October 14, 1999; No ember 18, 1999 FINDINGS OF FACT • • PROPERTY FACTS/DESCRIPTION: The applicant' property consists of 46,000+- sq. ft in area with 100 ft. frontage along the north side of Pine Nec Road, Southold. The lot is known as Lot 8_ on the Map of G. Wells Phillips filed in the Suffolk I ounty Clerk's Office- as Map No. 297. The property is improved with a principal one-story frame dwelling, two accessory buildings, and a small enclosure for the well pump. One of the ac4essory buildings is a garage and the other contains a bathroom and rooms used formerly by the owner's family for sleeping, without kitchen r facilities (Ref. Town's September 22, 1994 inspection report by the Building Department). • BASIS OF APPLICATION: Building Inspector's A gust 12, 1999 Notice of Disapproval which states that the application for a building permit t "alter non-habitable accessory cottage to habitable structure" is not a permitted accessory use pursuant to Article III, Section 100-31C, and that the proposed change of use will constitute a s Gond dwelling on lot pursuant to Article III, Section 100-31A.1. (No physical alteration or chane in the building construction is indicated on the application for a building permit.) • • REASONS FOR BOARD ACTION; DESCRIBED BELOW: Based on the testimony and record before the Board and persorial inspection,the Board riakes the following findings: 1. The Board concurs with the evidence presented that a Preexisting Certificate of Occupancy was granted to predecessors/successors in title, and therefore the variance application is moot. • However, counsel for the applicant indicated at the hearings that predecessors/successors in title removed kitchen facilities from said structure an subsequently rehabilitated the accessory • structure. 2. For the record, the accessory structure contains a following: insulation and limited bathroom (lavatory)facilities. In considering this application, the Board deems thi action to be the minimum necessary and adequate to enable the applicants to enjoy an,acces ory building, while preserving and protecting the character of the neighborhood and the health, saf ty,welfare of the community. RESOLUTION/ACTION: On motion by Member Homing, seconded by Member Dinizio, it was Page 2-December 14,1999 :. • • f • Z8A APpl.-No,.4749-Leslie Windisch Parcel 1000-70-5-39 at Southold • • 1 RESOLVED; to REAFFIRM the Pre-Existing Certificate of Occupancy (Pre-CO) for this accessory structure. VOTE OF THE BOARD: AYES: Members Goehringpi; Dinizio, Collins, and Homing. (Member, Tortora was absent due to illness). This Resolution duly adopted (4-0). GE RD RD P. gOEHRINGER, CHAIRMAN Approved for Filing by 12/20/94 • - • • • • • • • . . • • • • • • • • • • • • •