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HomeMy WebLinkAbout5212 A !�' 7.:40.1 ,, Su>rFu fr- oilf �� APPEALS BOAMEMBERS ,� 4‘k C'- , ��i 0, OG Southold Town Hall 0 Lydia A.Tortora, Chairwoman y : 53095 Main Road Gerard P. Go'ehringer ; y Z P.O. Box 1179 Q George Horning ;O •F tt Southold,New York 11971-0959 \\ Ruth D. Oliva =y?j� �0���'f ZBA Fax(631)765-9064 f Vincent Orlando .'� * �;�''� Telephone(631)7;65-1809 & -- http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD ; FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 9, 2003 Appl. No. 5212— FRANK SCAVONE Property Location: 1615 Fleetwood Road, Cutchogue Parcel No. 137-4-35 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under; consideration in this application and determines that this review falls under the Type II` category of the State's List of Actions, without an adverse effect on the environment if'. the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 18,324 sq. ft. parcel is located on the east side of Fleetwood Road in Cutchogue and is improved with a two-story wood, frame dwelling with porch and decks and an accessory garage as shown on the survey'; dated June 27, 1995 prepared by Paul T. Canalizo, L.S. The property has a frontage of; 50 ft. along Fleetwood Road and 75.14 ft. frontage along the shoreline of East Creek BASIS OF APPLICATION: Building Department's August 19, 2002 Notice of Disapproval, citing Code Section 100-33, which denied a building permit application for a new accessory storage building for the reason that it is proposed at less than five (5)feet from the side property line. CODE SECTION 100-33B: In reviewing the June 27, 1995 survey prepared by Paul T. Canalizo, L.S. submitted with the application, it is noted that the property is 18,324 sq. ft. in area, rather than over 20,000 sq. ft. stated in the Building Department's Notice of Disapproval. Code Section 100-336(1) states that a minimum three (3) ft. setback is required on lots containing less than 20,000 sq. ft. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 12, 2002, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 16' by 22' accessory storage building at six (6) inches from the westerly property line and six (6) inches from the southerly side property line. . REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—January 9,2003 t Appl.No.5212—Frank Scavone 137-4-35 at Cutchogue 1. Applicant proposed to place the accessory building in the southwest corner notch of his front yard, essentially 6"from the adjoining neighbor's property line, and 11"from the adjoining neighbor's garage located on the property line. The board believes the proposed location would block the neighbor's access to his garage, and would not allow the applicant or the neighbor sufficient space to maintain their respective garages. In addition, a reduction in the minimum side yard setback to the south property line would place the building too close to the property line to provide access for fire and emergency vehicles, which would be forced to access the south and west sides of the building via the neighbor's property. The board concludes that grant of the variance will produce an undesirable change in the character of the neighborhood and be a detriment to nearby properties. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance. The applicant has sufficient area to construct the accessory building with the code-required minimum side yard setback. 3. The variance requested is substantial and represents an 83% reduction in the code minimum setback requirement. 4. The alleged difficulty has been self-created because the applicant could construct the accessory garage in a conforming location. Although the applicant points to the neighbor's garage, which is 6" from the lot line, the board notes that the neighbor's garage was constructed prior to zoning (1957). 5. Evidence suggests that the relief requested will have an adverse impact on physical or environmental conditions in the neighborhood. 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 Chairwoman Tortora, seconded by Member Orlando, and duly carried to . DENY the Variance as applied for. 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 9,2003 Appl.No.5212—Frank Scavone 137-4-35 at Cutchogue setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, and Orlando. (Member Oliva and Member Horning were absent.) This Resolution was duly adopted (3-0). Ly•is . Tortora, Chairwoman—Approved for Filing 3/ / /03 ,..s6 7t,")�"..�-CSI."'' .!f�C <� LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,DECEMBER 12, 2002 NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, December 12, 2002, at the time noted below (or as soon thereafter as possible): 6:15 pm Appl. No. 5212 -FRANK SCAVONE. This is a request for a Variance under Section 100-244, based on the Building Department's August 19, 2002 Notice of Disapproval, for a proposed accessory building at less than five feet from the side yard line, at 1615 Fleetwood Road, Cutchogue, 1000-137-4-35. 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. The above files are available for review between 8 and 3 during regular Town Hall business days. If you have questions, please do not hesitate to call(631)765-1809. Dated: November 25,2002. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809) +t u FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 19, 2002 TO: Frank Scavone 1615 Fleetwood Road Cutchogue,NY 11935 Please take notice that your application dated August 16, 2002 For permit to construct an accessory shed at Location of property: 1615 Fleetwood Road, Cutchogue,NY 11935 County Tax Map No. 1000 - Section 137 Block 4 Lot 35 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory shed, on a non-conforming 18,324 square foot parcel in the R-40 District, is not permitted pursuant to Article III Section 100-33C, which states; "In the case of a waterfront parcel, accessory buildings and structures maybe located in the front yard,provided that such buildings and structures meet the front-yard setback requirements set forth by this code." According to IIIA, Section 100-33 A. 4,which states, "On lots containing more than twenty thousand(20,000) square feet up to thirty nine thousand square feet, such buildings shall be set back no less than five(5) feet from the side yard line." The proposed accessory shed is noted as being+1- 1 and 2 feet,respectively, from side yard lines. Total lot c.over\ge, following the proposed construction,would be+1- 14 percent. 9 -• • o 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 -. �BUILDINC RMIT APPLICATION CHECKLIST BUILDING DEPARTMENT ' _ ' Do_ have or need the following,before applying? 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: Disapproved a/c (o( Phone: , _ Expiration20 ipp �-- -? Bu lin Iii - ': illi AUG V 6 2002. "L! g L_...--- -----a- APPLICATION FOR BUILDING PERMIT -BLDG i"''`T. TOWS 'xr_',,..7)',I-HOLD _ Date 89 1 1 C' , 20 6'2_ 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 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,housin• •:- a,• regulations, and to admit authorized inspectors on premises and in building for necessary inspections. I atilli11 ,______7( 1-.tore of applicant or name,if a corporation) 1 Cov� (�Q.Z. -fes 'cz. "'1Z N� W;1(Mailing address of applicant)• J State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder ryw -ems Name of owner of premises 1 (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. `1,)-Pt Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ) c-,+ -F c- 2-P Com- c-,-,-Q._ Y\ . Pl5 S House Number Street Hamlets ,, County Tax Map No. 1000 Section 1 3 -- Block LA Yt ' Lot S Subdivision Filed Map No. ,x....- . <:,,,,_, Lot ... '-"•* (Name) . s 2. State existing use and occupancy remises and intended use and occupy__, Df proposed constructiotl: a. Existing use and occupancy b. Intended use and occupancy W CZ- S 1 O 3. Nature of work(check which applicable): New Building X- Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units °Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy,,specify nature and extent of each type of use. /11 -• 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES /C NO 13. Will lot be re-graded? YES NO ,) Will excess fill be removed from premises?YES NO 14.Names of Owner of premises I.9 _ Address / 1loc 4 (sum-00,D ' Phone No. 3`1 -Ao . Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE/REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) ISS: COUNTY OF 4 _�►,��, being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (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 to before me t [4e day of v 20 Qigori Lt Notary Public Signature of Applicant LYNDA M. BOHN NOTARY PUBLIC,State of New York No.01 B06020932 Qualified in Suffolk County Term Expires March 8,20y. . • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ?-ow,,C. z.A. ,F,. For Office Use Only Fee: $ "• Filed By. -t,ct Date Assigned/Assignment No S o_J F/�/ot) Office Notes: WO, /1L i0 Z Ga.. -4—fLaL— Parcel Location: House No. 1 Street tq e_e_aDooc, Hamlet Q 3rc.A.\a SCTM 1000 Section q- Block t.\ Lot(s) %S' Lot Size (2. 32a Zone District T---L-Vo I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ,\\q\off 5COL(DPI Applicant/Owner(s): fikZ c_ 5c a.A..3o l��- Mailing Address: (v-S- F \ Telephone: c.,3\ / `k —oZ�i `� �o LC%a� (6,3 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: (Pr Address: Telephone: Please specify who you wish correspondence to be mailed to,from the above listed names: f'Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED e\\(c)\(..)2� FOR: Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy 0 Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article 4 Section 100- '3 3 Subsection A--4 Type of Appeal. An Appeal is made for: g 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 Xhas not been made with respect to this property UNDER Appeal No. Year • Appeal Application, Continued Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted,because: 7)-e.J �trzv��� \l ��� Q�j 'IQLs� O e-- ST<11Lc� ✓`V� . O,-YrNeJ,,,., sk "re.= \ J1 (2) The benefit sought by the applicant CANT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: R &la(o\CP_ ���`n� eY-isTs 06."-\ 3.3er– \ JJ Gk1742ZSz__ - v.A p '1 (3) The amount of relief requested is not substantial because: c� (Cx-,� 5'c1--k w1 v ,s2._ c. L9ne. 1 c3-C- . J the - \_ 5 ���� c3 (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: �Na ������,o,.���. ��r,�a c� g ra\� �.0 , UA- C� �`�� rLe c � c�� (5) Has the variance been self-created? 0) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( )No. 00 (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) `fl1;z c w(Nv-Qrtc s&c.- 5o\— e �Lr is . <���� e�cc a o X20 � - 1;����v - -- t)�e� (� � 0\f., This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE(if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observed. The public safety and welfare will be secured and s stantial done. Signatur• of Appellant or Authorized Agent Sworn to be re me this (Agent m'st submit Authorization from Owner) , 200cL- ' LINDA J.COOPER Notery Public,State of New York (Notary Public) No.4422563,SuffolkCcun 6 ZBA App 08/02 Term Enpiree December 31, ,� Southold Town Board of Appeals-Part B 161-5-Fleetwood R4—SFavone Residence Tool Shed Questions 7-9 7.NA 8.The hardship-that-exists-is-due to-the property configuration:The front ya 1 of the property,as it relates to the street frontage on Fleetwood Road,is functionally the back yard of the residence. The property is a long and-small-lot and-the home is-located-close to-the waterfront side,thus no other location for the proposed tool shed is possible. 9.Construction-of the proposed-tool-shed-will have no-impact on-the environmental or esthetic integrity of the neighborhood.The structure will not be visible from Fleetwood road and will in no way impact the neighbor adjacent to-the-south-as-the structure will-abut such-neighbors-garage which is itself a zero lot line structure. The land is currently vacant,is used for outdoor tool storage and will not require any clearing or grading . l PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): -1---iQ ,ems SC9-vu�-_ I. If building is existing and alterations/ad ' ions/renovations are proposed• A. Please give the dimensions and o rail square footage of extensions beyond existing building. Dimensions/size: \co ' X 2-7- Square ZSquare footage: 3 —Z s B. Please give the dimensi is and squa - footage of new propos d foundation areas which do not extend be and the exis in•buildin . Dimensions/size: .j 7- Square Square footage: -3 2.- II. II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: \ (a X 2-?- Square Square footage: -3 5-2 5%. , Height: t b1 III. Purpose and use of new construction requested in this application: SlneD IV. Additional information about the surrounding contours or,nearby buildings that relate to the difficulty in meeting the code1}—requirement(s): , 1 l -40\tZnil� �wOv�& \,\\t�� V \--,;\\ 61urs l'cJ .7ePti aCtaRr� ?ILD ` , c\r„ r �nl�lY�ct.� _ -3 S7.3 S b QSTFZV,.&O V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. ; ._ U. AA _...s. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 6.7 1 - VILLAGE DIST. SUB. LOT iiir i r '/-/ f`fin L /4.J/ . - ,; , 4 , s� � iWININIIIIIIItarc- FORMER OWNER• n N Eejt ACR. r • A , - y *(pc. . . W a • TYPE OF BUILDING • ' - I - :.l'. ,mai . _ . .i . •--. - , , _... RES. 4121) VL.14 -l' FARM COMM. CB. MICS. Mkt. Value • ND -• - - IMP. TOTAL DATE REMARKS/. .' . r b! ., , �`r"' ,c, aillIllIll 40 , / I I J 6) '2?///16L'/'- /o FYI Lsg d,, ?z, 'Qr e, 4.-400 v. �-' . •...).- i.~0 O 77 D b • O 0 _ /Y/y/f,( B 1' //'7? G�'I.sTr, k?//, ' - 'i) /e /7 F c. ' AS'ee t___- 0 o. ,,54/o A / G e,a / es// nef - &) • q - • . © a- 'K '. ua-C, -- 5�i.vane. -` ' S0••t� - - ; p 1 yipo . Sqzy p o0 3 z 98 �_e}4-1° = - 41...4 0 11 0 . .r.... -. , 8 ' AGE BUILDING CONDITION - NEW NORMAL BELOW ABOVE ' FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER 7J /2. 7C7 /6.o o / a cr Woodland FRONTAGE ON ROAD 175 �74-, O ON �, r • Meadowland DEPTH(, oe) 2 e'.7:17.&: / D d a • V HousePj . BULKHEAD Total DOCK A. ,, , x .'4'4 : L+r` tFs ,A, 'std'°.-"� ''4 +n` f s '1 ., °TT�f`r$V-4"�14` �' Y O. 1 r,`" 1. ,ltd 1 ��b pie c ,4�Yy.a tai ehy+�'+'Kl eft t. x"0.1' `' =i „Wk �{zi_riS .k h. n ,�C L ! $iii•.. �M�.. . COLOR TRIM w 'mac al 4 f ry.r` fi5 _ ��- ,...4.....-", -F.-N-1.? p4atE ..11.11. oiM, 4141 � � 4, ��.■�. .1111..11 MERMEN 1111.... • .. ......: . miniliraimmorm ,. r-- Jnr ax V /'�� 41i • n 1 i ,, A MUNE r � li ,a _ . .. _ o istami .... -x171 l'" 7- .11 Extension ■ IIIILma.W11fMIIIIIIII Extension /2-,e5"-c, = _--iliiiiillE / MEE.MIME 11111111111- •:Extension /o , / S _ /5-0 o2 /8 ?,e /d 70 -,5-'2> �,,� Foundation C. Bath 3 Dinette Porch l s Rema.co / , f yea _ .. '^ rL,�Basement �� `�� PigRT Floors p K _, �Gk� /�A/ 2 Q ,: 3 t ,„5-5' 9 o „ Ext. Walls ! 3 Interior Finish Lt1A �� LR. ° e41Ve= z Sri �.r/Z_ lnO� Fire Place y '= e4 /, ia i iza ��O yS �� ) Heat �4c IrFo4 2',..c DR. . s " agezc' Roof • I xq /� /Type Rooms 1st Floor BR. * 0, . r 6 Recreation Room Rooms 2nd Floor FIN. B >^ z'`� sl. � O - _ � - 5,00�` f Dormer Driveway Y w �„ 51=1-40 sur- ret • _: // etc h:F. 4i S / t ', ;", .A '" rd„ �F t,,,,,.,..„4„......_3y+tz11 11-1111 34 • F - - K r .ri t l i'b'�k z'x`jY - ? ..r - i '.',x rt. r' P.�F`'3 ,.,_"•. -•1111,'. _" :, 1111 1111 11.11. • _1111 r':. 1111 _ - 1000-137.00-04.00-035.000 ----S 33 /?) i 0 0 N/F William F. & Janet A. Walsh tt l `HEAP o v �pq.�{ ' 111 WIRES co - C I 111 N 85°57'20" E m r] _ 256.00' o 2ao' � Z SET IRON PIN — ' K—{ " WOOD '� FENCER — x`— j 110' 116' ` 10 7' 118' I o C....) + s I I 64' 421 I WOOD DOCK ON PILINGS © F., FRAME I V m 2 STORY l -+ I ® x n GARAGE o FRAME / WOOD Y1 m I o I . J 102 CD 10' DWELLING r/ DECK N ¢ m _o 202' J / 615' s 3 ^ ( LL u m l A I`j} 3. Or A C 3' d �? OQ • S 85°57'20" WJ e' Ce�txC� .teENCL,j PORCH 0I m • 0 OPEN IRON 39.50' AREA = 18,324 SQ. FT. 261' � I I 111 • O • A • GARAGE �� I J 2s s' EIIIIIIIII1111M1f1 _� o j- I WOOD I N ep LOOfST IEFJCE h 4 ..1,1"0-§T O CORNER STAIRS �? / I�J LINE BY LIBER 4772 PAGE 164 S 81°57'20" W ---------7576235' / DEC 29,1959 GARAGE FOUNDATION ' 6G 05'SOUTH AVERAGE„--V 05'WEST OF LINE • RAIN GUTTER • • HIGHWATER DESCRIBED PROPERTY ENCROACHES 035' • JUNE 21,1995 CTJ'1'CH® G1_Ta- • !,>o-p,}-i od cc- Stns c' N/F Frank B. Ryder TOWN OF SOUTHOLD Tv —t1.1_os V' \S _n SUFFOLK COUNTY, NEW YORK 1 IN. = 30 FT. JUNE 21, 1995 i`I�e�1 JUNE 26, 1995 5 6 �al JUNE 27, 1995 ,� New" f/e► L'ti—_. , I s • GUARANTEED TO: j�Atiii®F NEw ro�,� �' ® � FRANK SCAVONE `' �� STEWART TITLE INSURANCE COMPANY ,i„ ; ATI TITLE AGENCY '�� ' l Ilhls• NA i WEST BANK, N.A. \\� a _ �'SURVS" • • -- - Scavone Residence Tool Shed PAUL T. CANALIZO, SURVEYOR - i 1615 Fleetwood Road C�xtchogue,NY 11935 HAMPTON BAYS, NEW YORK -/ Gi COUNTY OF SUFFOLK f REFIVE d `F ' MAR 2 8 2003 W �jJ 1 �II� 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\LD20031MAR11S5212 MAR LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -471-1 FLOOR ■ P 0. BOX 6 100 ■ (5 I 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER(5 I 6) 853-4044 March 19, 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. —#5212 — Frank Scavone Action Requested: Construct accessory shed with setbacks 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 ''',,iiia APPEALS BOARD MEMBERS �,���0$OFFO( if ,t '�O' op • Southold Towri Hall Lydia A. Tortora, Chairwoman c y1; 53095 Main Road Gerard P. Goehringer % y Z ; P.O. Box 1179 George Horning ;O .fie$ Southold,New York 11971-0959 Ruth D. Oliva =y? JO 1 4O�'��� ZBA Fax(631)765-9064 Vincent Orlando �;•''� Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD March 13, 2003 Mr. Frank Scavone 1615 Fleetwood Road Cutchogue, NY 11935 Re: Appl. No. 5212 — Denial of Variance Request Dear Mr. Scavone: With reference to the above variance application, we enclose a copy of the signed variance determination filed today. A copy has been furnished to the Office of the Building Inspector for their update and record. Very truly yours, Linda Kowalski Secretary Enclosure Copy of Decision to: Building Department According to NYS Town Law Sec. 267-b in deciding to grant or deny an area variance permitting a use of property in conflict with the dimensional requireme Mowed by local zoning regulations thi- ning board of appeals shall take t. into consideration: "The benefit to the applicant if the variance is granted", and "The detriment to the health, safety and welfare of the neighborhood or community by such grant." 141'1°2 It should not be assumed that granting an area variance will be detrimental to the public health, safety and welfare. NYS Town law should be rewritten to require consideration of, the impact on the health, safety and welfare of the neighborhood. Such impact is not necessarily negative, as is assumed by the literal language of the law. In this case, granting a variance from the setbacks required by the local zoning law will not only benefit the applicant, it will also benefit the neighborhood. Similarly, the NYS Town Law continues with a negative attitude by requiring the Zoning Board to consider only (I)whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; Shouldn't the Zoning Board also consider whether a desirable change will be produced in the character of the neighborhood or a benefit to nearby properties will be created by the granting of the area variance? In this case, granting a variance from the local zoning law setbacks will produce a desirable change in the character of the neighborhood and a benefit to nearby properties. New York State Town Law also requires the Zoning Board to consider: (2)whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. In this case, an area variance is the only feasible method by which the applicant can maximize the continuity of open space on the applicant's property and minimize the fragmentation of open space in the neighborhood. In this case, the substance of an area variance would permit clustering the new accessory building on the subject property with the existing accessory building on the adjacent property. The garage on the adjacent property was built on an area which was leveled by retaining walls built on the property lines. The garage is 20.5' wide in front and 22' long. It is 20' high in the center of the side which faces the applicant's house. It is 15' high on the NE corner, 11' high on SE corner, 11' high on the NW corner and 7.5' high on the SW corner. Not only is it built exactly on the property line, it has an eve overhanging the property line. Considering the sight lines from Fleetwood Road, the closer the new wood shop is built to the SW corner on the applicants property the less impact the new building will have on the view of the water from the road. Considering that the new wood shop will be built on the North side of the adjoining property, it will provide enhanced privacy and shelter for the level area in the adjoining property owner's yard, and it will not block any sunlight. In this case, granting an area variance will have an positive effect c- 'mpact on the physical or environmental conditions he neighborhood. In this case, the wording of New York State Town Law is once again proved to be in need of revision. The highest Court of New York State has held that unlike an applicant for a use variance, an applicant for an area variance does not need to show practical difficulties (Sasso v. Osgood, 86 N.Y.2d 374 (1995). The reason an area variance is desirable here is due to the small size of the subject property and the relative positions of the road and creek. New York State Town Law also directs that: (c) The board of appeals, in the granting of area variances, shall grant the minimum variance that it shall deem 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. The requested variance would reduce the setbacks on the South and West sides of the new building to 6". This would create a difficulty in accessing the South and West sides of the building and create an impassably narrow space between the new building and adjoining property owner's retaining wall and garage. A variance reducing the required setbacks to 2 feet would alleviate the difficulty and avoid the creation of such an impassably narrow space. On the other hand, denial of an area variance would require the applicant to build the proposed 16'x22' wood shop farther out into the open space and would deny benefit to the applicant and cause a negative impact on the neighborhood. A smaller building would proportionally reduce the value as a wood shop. Power tools, workbenches and materials storage take up room and a wood shop requires room to be left open for working. Finally,New York State Town Law also directs that: 4. Imposition of conditions. The board of appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. In this case, any requirement for landscaping, trees, plants or a fence or wall would merely add congestion to the subject property and to the neighborhood. In conclusion, I would like to offer a few ideas found in the talks and writings of Wendell Berry who is a conservationist, farmer, essayist, novelist, professor of English and poet and who has been referred to by The New York Times as the "prophet of rural America." "A man ought to study the wilderness of a place. The land is too various in its kinds, climates, conditions, declivities, aspects, and histories to conform to any generalized understanding or to prosper under generalized treatment. Treating every field, or every part of every field, with the same consideration is not fanning but industry. Farmers must tend to farms small enough to know and love, using tools and methods that they know and love, in the company of neighbors that they know and love." &iikAit,o,_),-tp_ a-ata _ l� lfa,foa- ; '''•••!‘ '• ''l ii V" ' ••,%. .e.,AO.. i • ' , ' , • - '• , :4 0,e,..,;F,.` .- -•:r it Y - '���y.�`yt r _ II `� . .t,6' • • IP / t. air- 'i ' At iti•,- 4,00,10,Nolgsv.,,, . 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', , ,� ..- Y ?' fit! ^r i iplif • ' � , N r 'ICU tieY F y �, - I'.Ili ,•,,.In 4 Je c 00* C ♦ • - ti • .t . f illr •1� • '' L• • n'a tii ; - _ 4 Ak '.� } t f /,{ I w. ate- _ ., .4111111111 t v' +x • a ti f •` :• .a: -: : • ''` C?cJTl2 ‘Dc1C (., X rpe S . 0lei C-r4rN �,��„ s'„� �V f!� et ' ems . *s $ _ c X .. , = 411164 ti .E • - ' limii.inin Lril\ipti_ . 44 - V 1.ii 2.,--z or,� �dZC' - „2,.,:libil ,- . - .• 1' 1,Trft • -.,. ., 1.7,,,,,,- ,,mirfv-_-*, ,I• r 0 i #1k :iii . . t . r Y ,r fie^ ! :. �a '• . • Oak.-,=. ^ 1 ,. f ,,,,,,,,,,, •11 OFFOLor tk ELIZABETH A.NEVILLE 1/f°= 'y ; Town Hall, 53095 Main Road TOWN CLERK ® - P.O.Box 1179 etta Southold,New York 11971 REGISTRAR OF VITAL STATISTICS r MARRIAGE OFFICER 4i Fax Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER = �®l 4a®����0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER _ southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: August 27, 2002 RE: Zoning Appeal No. 5212 Transmitted herewith is Zoning Appeals No. 5212—Frank Scavone-Zoning Board of Appeals application for variance. Also included is letter from Mr Scavone,pictures, applicant transactional disclosure form, short environmental disclosure form,project description, notice of disapproval,building permit application, floor plan, side views of shed, and survey. Frank Scavone 1615 Fleetwood Road Cutchogue,NY 11935 August 19,2002 Southold Town Board of Appeals Main Road Southold,NY 11971 Re: 1615 Fleetwood Rd—Scavone Residence Tool Shed Dear Sirs, AttachedtpleasefindmyappJi tIoatothe_SfluthetdTawnBoard_QfAppeals.All correspondence or required contact should be directed to myself at the following 1615 Fleetwood Rd Cutchogue,NY 11935 Phone:631734-2936 Fax: 631 734-6272 Thank you foLyour p ompt attention to this matter. Sincerely, Frank Scavone. •9 PROJECT I D NUMBER SEOR _ 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Tnformation(To be complete by Applicant or Project sponsor) 1 Applicant/Sponsor \1c_ S 2 Project Name 3.Project location: Municipality ounty )t (e kS `l ci 4.Precise location(Street address and road intersections,prominent landmarkS,etc.or provide map) 5. Is proposed action: (, NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6 Describe protect briefly: SZ� s da� S\-2p)\_ 7.Amount of land affected: Initially: 3 So Sss- acres; cosi Ultimately .3 acres • o o4w 8.Will proposed action comply with existing or other existing land use restrictions.( )YES (VNO If No,describe briefly: in.f4\L-Q 9.What is present land use in vicinity of project:(describe): y\Residential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10. Does action involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES If Yes,list agency(s)and permit/approvals. 11. Does any asp ct of the action have a currently valid permit or approval? ( )YES ( 0 If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? ( )YES ( )NO If Yes,list agency(s)and permit/approvals. I certify that the information provided above is true to the best of my knowledge Applicant/Sponsor Name:, S(^�JCnJ�. Date 0 2— Signature: i If the action ' ' the Coastal Area, and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment FORM NO. 3 CP n�.j� �� NOTICE OF DISAPPROVAL DATE: August'19'=20Q2 -- .- TO: Frank Scavone i 1615 Fleetwood Road 11/1 , 1 ;? ,/ Cutchogue,NY 11935 -1 i 2 0 1/1/ Please take notice that your application dated August 16, 2002 !)..// r For permit to construct an accessory shed at ` ! Location of property: 1615 Fleetwood Road, Cutchogue,NY 11935 County Tax Map No. 1000 - Section 137 Block 4 Lot 35 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory shed, on a non-conforming 18,324 square foot parcel in the R-40 District, is not permitted pursuant to Article III Section 100-33C,which states; "In the case of a waterfront parcel, accessory buildings and structures maybe located in the front yard,provided that such buildings and structures meet the front-yard setback requirements set forth by this code." According to IIIA, Section 100-33 A. 4,which states, "On lots containing more than twenty thousand(20,000) square feet up to thirty nine thousand square feet, such buildings shall be set back no less than five (5) feet from the side yard line." The proposed accessory shed is noted as being+1- 1 and 2 feet, respectively, from side yard lines. Total lot coverage, following the proposed construction,would be+/- 14 percent. IC !horize Signa 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. 100 37.00-04.00-035.000 t ,- -4 33 < l .- ., p ' • 11 _ N/F William F. &Janet A. Walsh O ll rkEA \'I ° g W'REs CI N 85°5720" Eco 00 C#.1 '_ �-] 256.00' o 280' 3 Ila/ Z SET IRON PIN -K- - — — — I x- W \ • �0' 11.6' WOOD 10.7' FENCE' 118' ( I O i • ' I I WOOD DOCK ON PILINGS j?4>D--7•1 FRAME v2 O C m GARAGE � o ' FRAMEY WOOD Yi r I N . 815' 202' 1 10.2' 0 10! DWELLING DECK o y _o o > \` 3 ^ a e l m Ci9 O A c S 85°57'20"W �uc. .tea TGC 3. PORCH o' /'� a C PIN IRON 39.50' F I ti AREA = 18,324 SQ. FT. 26.1' I «Cfff I Ps tri 05' C� FIWAE6 ` GA A299' • MIMEI I N ai f ` PZ 0 f' Y " ENCE I WOOD I N I� T 0 CORNER STAIRS 11y' -E— LINE BY LIBER 4772 PAGE 164 U S 8•°57'20" W/ - DEC.29,1959 ' 220.0 0' ' 235'J GARAGE FOUNDATI 0.5'SOUTH® I AVERAGE 0.5' OF WESTLINE RAIN HIGHWATER mom. ENCROACHES 035' DESCRIBED PROPERTY GUTER JUNE 21.1995 CLJTCHO GUE N/F Frank B. Ryder TOWN OF SOUTHOLD �`'Q� V'tbl� C-ze^^ • SUFFOLK COUNTY, NEW YORK • °' r-�,eez.ncapl Cry 1 IN. = 30 FT. JUNE 21, 1995 '� JUNE 26, 1995 JUNE 27, 1995 . .. • t I ' of NEW GUARANTEED TO: A f;• iliyp4� EAS T ROAD FRANK SCAVONE 6, •o `: rl- III STEWART TITLE INSURANCE COMPANY '� ATI TITLE AGENCY I 9-�'��� fel NATWEST BANK, N.A. \N,+o. 89h�0� I e ;URV' ( 1 • Seavwje Residence Tool Shed PAUL T. CANALIZO, SURVEYOR - 1615 Fleetwood Road 1 (utchogne,NY 11935 HAMPTON BAYS, NEW YORK TOWN OF SOUTHOLD BUILDING WIT APPLICATION CHECKLIST BUILDING DEPARTMENT ., < . ', ` Do;,....:iave or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval t 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: Disapproved a/c ( 't Phone: .0„, Expiration 20 _ .f Bu'm g In.- [Jill AUG 1 6 200a !Ltr_iii 1.111PMIP' , • L-- •-------- APPLICATION FOR BUILDING PERMIT BLDG f''PT ' TOWN `V ;:" .;-j•;OL1) Date g11 6 , 20 a2 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 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,housin_ e:- a,,. regulations, and to admit authorized inspectors on premises and in building for necessary inspections. igaP e of applicant or name,if a corporation) (Mailing address of applicant) NA-— VA C State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder (--)w v,-ems Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer '1.J IA- (Name and title of corporate officer) Builders License No. `(-3.R Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: I (-,'c -R.s2 rc es2-p Qu- c_ji-&_ ,LA . "R S S House Number Street Hamlet ,, , County Tax Map No. 1000 Section \ 3. - Block c_� `'� , Lot 3:5-, Subdivision Filed Map No. ...�„ ,:t E...., Lot .Y (Name) 2. State existing use and occupancy or premises and intended u e and occup_____,'of proposed constructiot: - a. Existing use and occupancy b. Intended use and occupancy U06-Z-tc SRo 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost l S ao Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units ''Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. /11 - 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation?YES X NO 13. Will lot be re-graded? YES - NO, Will excess fill be removed from premises? YES NO 14.Names of Owner of premises ISt�,,cy,e Address / (,,cc L TOcO Phone No. 3-1 Act Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE/REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO ' 1 * 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) SS: COUNTY OF 1 �; being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the (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 to before me t day of 1 v20 Notary Public Signature of Applicant LYNDA M.BOHN NOTARY PUBLIC,State of New York No.01606020932 Qualified in Suffolk County Term Expires March 8,20.0, -- __ - TOWN of .fUTHOLD OFFICE OF BUILDING INSPECTOR Town Hall Receipt No 62233 Southold, New York 11971 Date 5.11.13101— Received .11.1310Z-Received of fry-al-4 ?C/zsw-v,,•1-• � kjb, e t Dollars For Fee for Fee for Fee for Fee for Certificate ❑ Sign ❑ Flood Development Pmt. ❑ Building Permit ❑ of Occupancy N7 ii ❑ Cash W3 Check (1ct� $...fir Building Department Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/27/02 Receipt#: 1800 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 1800 Total Paid: $150.00 Name: Scavone, Frank 1615 Fleetwood Rd. Cutchogue, NY 11935 Clerk ID: LYNDAB Internal ID:61959 APPLICANT 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: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: 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. /1( ( YES NO / �, If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this \,I, ay of Signature: --� Print Name: S c otJ _ _ - LEGAL NOTICE SOUTHOLD TOWN ,,k BOARD OF APPEALS - THURSDAV ' DECEMBER 42,2002 - . STATE OF NEW YORK) NOTICE is HEREBY-'GIVEN,,A, pursuant to Section of-the Law 26�.. TiwitY`-� )SS: • L;,w 4incl'k.g tell i-0 l` A',`f ., Code of the Town of Souf oId;' e, /� `, COY OF SUFFOLK) following hearings will be held b41ie .0",/v/1,�/,,d �r��ie- of Mattituck, in said sovTHOLD TOWN=BoARb,¢>~: • county, being duly sworn, says that he/she is APPEALS at the,Town Hall, 53095' Main Road, Southold, New YorkA Principal clerk of THE SUFFOLK TIMES, a weekly 1111971, on Thursday, December 12,, newspaper, published at Mattituck, in the Town of \\S-3 2002,at the times noted below(or as soon thereafter as'possible): 't Southold, County of Suffolk and State of New York, ,� 6:05 p.m.,Appl 'No.5199-ADRfr ; and that the Notice of which the annexed is a printed ANNE GREENBERG and MARY C:GABRIEL. This is a request for a copy, has been regularly published in said Newspaper Variance, under Section 100-244,. 4 once each week for / weeks succes- based on the Building Department's:t July 8, 2002 Notice of Disapproval, : sively, commencing on the 2., day for a proposed deck addition to the /�(s'®of 17 200' existing dwelling with a setback at , less than 35 feet`from the rear,lotkkk �� line, at ' 1115 Sound Drive;',' ito-lg Greenport,,Parcel No.1000-33-4-74. -, Principal Clerk 6:10 p.m.Appl: E:° No.5209-DIAN DANEK. This is a request for a. Variance under .Section 100-244;. Sworn to before me this o21 based on the Building Department's, May 8, 2002 Notice of Disapproval.. day of MV, 20 ea_ i for approval of the nonconforming,,a setback of an"as-built"deck located,: P}614-4 L at less than 35 feet from the front lot kac line, at '290 Great Pond 'taYi,,: r •Y r` F ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT 2,r)VG- OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 1 gq- - L - 2 g COUNTY OF SUFFOLK) STATE OF NEW YORK) • I, =ri..uh_- residing at 1 t< c- ,n,J 0 RAD tlo��L , New York, being duly sworn, depose and say that: On the . day•of.D .�. , 2003; I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the_street or facing each street or right-of-way entrance;*and that . I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which - - *. date was shown to be ignature) Sworn to before me this day of 97 , 200'•)- F. Q�o�:y "n�:s�ber,�s Q��aQaY�� .60,0ec- AO ' >4 �pva 99 t..fFa=T.Y.r�'C2"Ofe�`A! S.3+t �i'?,,gpl:13FdG�l'3113Y+Vd •exl�.rY (Notary Public) / *near the entrance or driveway entrance of my property, as the area most visible to passersby. OFFICE OF .J ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.KowalskiATown.Southold.nv.us or Paula.QuintieriATown.Southold.nv.us (631) 765-1809 fax (631) 765-1823 or 9064 November 25, 2002 Re: Chapter 58 — Public Notice for Thursday, December 2002 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) 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 Monday, December 2nd 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) 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 post the Town's official completed poster no later than Wednesday, December 5th. 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) By December 6th, 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) By December 12th, 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 Dec. 2" and Dec. 5th, between 8-12, or 2:00-3:30. Thank you. a U.S.,Postal Servlc- El ',CERTIFIED MAIL.R = E P co (boinestff Mail Only;No Insurance Covera, •vide• . " -- a r" rr ii i=iz 9 r E' i&iCUTEROG Ni 11935 II "u s) co 0.37 m Postage $ ' O Certified Fee` IIIIIIErAl Q. 1=1Return Receipt Fee �R „Alt 6 v Hrusm (ri[� (Endorsement Required)-El ir Cert.° R7FLk rO Restricted Delivery Fee �.,t O (Endorsement Required) � Total Postage 8 Fees 6°-42fly l i.l.c\ m D Sent To r- I-� �6-,-.3 -4:,v q l'Z Street,Apt.No.; or PO Box No. `c ,0 ..i29 O CyJD 0-0 City,State,Z114 4 -a-leo UL . \\°135 PS Form 3800,A.ri1200f ' See Reverse f. li 't[]i WUPIRMITIYaLn -.Tlr n- C RTIFIED MAIL RE EI• N (Domestic Mail Only; No Insurance Covera. •vided 0.37 II „c __ ,,7` m Postage $ �• • S I=1 Certified Fee "3r0 0V -4/' mark' im Return Receipt Fee MENU (Endorsement Required) ere 1r lerk: K�,' EliRestricted Delivery Fee -0" . O (Endorsement Required) ru Total Postage&Fees $ u• # D r:' L- O DNSent To Street,Apt.No.; or PO Box No. l`.�--c-- C1v 7,,,a 17-,,-.. .� City,State,ZIP+4 V' :--e% i - \l ci 3 PS Form 3800,Aril 2002' e• -•v• • •r Inst mss ro 'U.S.P• a►vr 43 tc ERTIFIED MAIL RECEIP . I`- (Dpmestic Mail Only;No Insurance,Covera misses::a Er 0 CUUGHQ , iY 1935 tt ti..-: ft'€ a n co 0°37 UNI -- m Postage $ � O 61, 0 Certified Fee X03 y�f J tmaric p Return Receipt Fee J°' LO GU5 CP O`P� ..D (Endorsement Required) el �j/}A/ o Restricted Delivery Fee r}^ �'? C I= (Endorsement Required) 9.1iry , 'may fU Total Postage 8 Fees CI rm SentTo N . 'iSA'_,,��,//np9NS •0-\S Street,Ap. o.; or PO Box No. `csr S ( _ Q0 City,State,ZIP+ l��r��0`,� C -� Le__ 0u 1 c 3 PS Form 3800;•A.riI 2062 r - '.*See,Reverse for In tr. iriAs ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ------ x In the Matter of the Application of SCizt-ucAle_ AFFIDAVIT . OF (Name of Applicants) MAILINGS CTM Parcel #1000- 1- - !� - COUNTY OF SUFFOLK) STATE OF NEW YORK) Cul-7Jc 0-12 I, Z aN o'er residing at , ?c• c u4&- , New York, being duly sworn, depose and say that: On the d944.- day of Muc,-•6-2.-- , 200A, I personally mailed at the United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown 91 the current assessment roll verified from the official records on file with the. ; Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's propert (Signature) Sworn to before me this S day of 77 , 200�-- f MN, $. pa { J'. (Notary Public) t?.rrai'Ll^: ::';County DU PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot nu next to the owner names and addresses for which notices were mailed. you. 11-A kizok4v, i S>S 1t-rocry100° .— r 3 ® +-4 - 2`E 4;2- oC4:2 (DVSS 1'� ��rwoo•;a QA) e3 P ?F, Ca-t< vVl cs:, 4-k e.s51-S 41-44--,Ane ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ------ x In the Matter of the Application of AFFIDAVIT ScikoGN)R._ . OF (Name of Applicants) MAILINGS CTM Parcel #1000- - - •; • COUNTY OF SUFFOLK) STATE OF NEW YORK) • I 2,a�vc v °'•12— residing at , I � , New York, being duly sworn, depose and say that: . On the d? day of Av./74i,, , 200?; I personally mailed at the United States Post Office in Cy--eA x-,p , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown 9n the current assessment roll verified from the official records on file with theAssessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's propert . (Signature) Sworn to before me this o25.' day of 77over-e-L , 200(9-- (Notary Public) r P w ,,,,fticounty ). PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. lf ►"'q 3 a W--, i S S 113 coo .— r 3 24 ,2cCO (zags lCi e5...1.yV ioc' 213 Vozwc k°3 T ? Ifs, I . 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H 260,900 E. 2. w `PERTIES —,TRICTS NOTICE COUNTY OF SUFFOLK , r is 1 _ 6�� �� , `f 3 TOIN OF SOUTHOLD SECTION NO MAINTENANCE,ALTERATION,SALE OR �� 0 Real Property Tax Service AAgeoc� I f DISTRIBUTION OF ANY PORTION OF THE 66 T` ' c J 134 137 SUFFOLK COUNTY TAX MAP IS PROHIBITED Lt" g County Center Riverhead,N Y 1'90? m ; 103 A MAU OF WITHOUT WRITTEN PERMISSION OF THE "dda ,$®1�' ,00 p GALE M FEETHoh 'd REAL PROPERTY TA%SERVICE AGENCY ! 1,0 06TPoCT t10 1000 _I —______".__-_ PROPERTY MAP LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,DECEMBER 12,2002 NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, December 12, 2002, at the time noted below (or as soon thereafter as possible): 6:15 pm Appl. No. 5212 -FRANK SCAVONE. This is a request for a Variance under Section 100-244, based on the Building Department's August 19, 2002 Notice of Disapproval, for a proposed accessory building at less than five feet from the side yard line,at 1615 Fleetwood Road, Cutchogue, 1000-137-4-35. 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. The above files are available for review between 8 and 3 during regular Town Hall business days. If you have questions, please do not hesitate to call(631)765-1809. Dated: November 25,2002. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809) y 1 l FOR OFFICIAL USE ONLY CHkCKLIST FOR NEW PROJECTS LABEL APPL# ASSESSORS CARD (7 COPIES) NAME ./Ciw t// CTY. TAX MAP (7COPIES + 1) \ _ I/17- _ OP INDEX CARD (ATTACH OLD) \ TOWN ,;, 10 I. LIST ALPHA BOOK ` ' • RESEARCH ALPHA ✓ COPY PRIORS t/ SIX'COPIES INSPECTION PACKETS COMPLETE REF: • UPDATED NEW INFORMATION •