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HomeMy WebLinkAbout5234 usm3g a,r �' �( (0 oops Cine ck+-✓Y an _51n_ 4'5(9- - PI4 "As -&(d f f ii Djgl !Ox W 1'(7` -on yr. Baa 10103 tit P J PFFD( APPEALS BOARD MEMBERS �•- co �C ��'�O�' Op Southold Town Hall Lydia A. Tortora, Chairwoman �'� �d` 53095 Main Road %Gerard P. Goehringer ; H Z P.O. Box 1179 George Homing 47$ Southold,New York 11971-0959 Ruth D. Oliva y,1Ja00��1 ZBA Fax(631)765-9064 , Vincent Orlando = C 1 * �,,.'• Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 9,2003 Appl. No. 5234—GUSMAR REALTY Property Location: 610 Chois Lane,East Marion 35-8-5.19 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 property is located at the northerly end of Summit Lane. The lot is shown as Lot 11 on the Map of Summit Estates, Section 2, and is presently improved with a foundation (see Building Permit 28558-z which authorized commencement of construction for a new house with a setback of 40 ft. from the front property line at its closest point). BASIS OF APPLICATION: Building Department's September 27, 2002 Notice of Disapproval which stopped work regarding Building Permit 28558-z for a foundation at less than 40 feet from the front property line. 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: The relief requested is 2.4 feet within a front yard area for an "as built" foundation, located at 37.6' instead of 40' from the front line at its closest point(see survey updated September 20, 2002 prepared by Young & Young, L.S.) 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is primarily being developed with new homes 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance. The property is a non-conforming lot consisting of 30,000 square feet in a R-40 district. The "as built" foundation was V r - Page 2-January 9,2003 ) . '• Appl.No. 5234-Gusmar Realty I 1000-35-8-5 19 at East Marion 'N'''\III placed at 37.6 feet instead of the required 40 feet. Without a variance the applicant cannot construct the new house. 3. The variance granted herein is not substantial in relation to the code requirement. The distance is only 2.4 feet. 4. The alleged difficulty has been self-created and is related to errors in measurements by the applicant. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum necessary and adequate to enable the applicant to enjoy the benefit of a new foundation for a house, 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 factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Orlando, and duly carried to GRANT the variance, as shown on the Young & Young survey updated September 20, 2002, SUBJECT TO THE CONDITION that construction shall comply with all other code setbacks and lot coverage provisions, without further reductions in the front yard area. Vote of the Board: Ayes: Members Tortora (( aianan),GoelmingerOrlando and Oliva. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). * Lydia A. Tortora, Chairwoman 11,8-03 ro 7.;717..1.7117 y'e�p..l,...i r ,— , --;‘ -1: ( I/ 4- -- - ,_,L,....... 4 6":00 pt. i 1 Tc,,-,21. (..,_ - -_______2 '- r 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): 7:20 pm Appl. No. 5234 - GUSMAR REALTY . This is a request for a Variance under Section 100-244 based on the Building Department's September 27, 2002 Notice of Disapproval, concerning "as-built foundation(under BP#28558-Z for new construction) with a front yard setback at less than 40 feet. Location of Property: 610 Chois Lane,East Marion; Parcel 1000-35-8-5.19. 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) ts FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 27, 2002 TO: Gusmar Realty 1315 37th Street Long Island City,NY 11101 Please take notice that your application dated September 27, 2002 For approval for an"under construction" foundation location at Location of property: 610 Chois Lane, E. Marion County Tax Map No. 1000 - Section 35 Block 8 Lot 5.19 Is returned herewith and disapproved on the following grounds: The "as built" foundation constructed under permit#28558Z located on a non- conforming 30,000 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-244. The required minimum front yard setback is 40'. The proposed front yard setback according to the current survey is at 37.6'. Total lot coverage, is less than 20 percent. /,,ice. 0441-- Authorized Signature TOWN Of SOUTHOLD �' '` 's BUILDT arRIZIT APPLICATION E A NCH CKLh BUILDING;DEPARTME 1 I� ;i'•; . 4 2002 !t L„,,u have or need the following,before applyin TOWN BALL � Board of Health ' SOUTHOLD, NY 11971 Roc ry::fi7----_l 3 sets of Building Plans TEL: (631) 765-1802 �'=" ?f t:Tl;OLD py�nningBoard approval FAX: (631) 765-9502 C9e5j3 • Survey PERMIT NO. Check Check Septic Form N.Y.S.D.E.C. Examined 9 i s C ,20 2 - Trustees ontact: Approved 2/J ,20 2 Mail to: Disapproved a/c 1 / OF Phone: Expiration i J 20 Ark Building. . •ector ID E 1� _ s .i APPLICATION FOR BUILDING PERMIT R ,., ip, 002 INSTRUCTIONSDate 1c (� ( , 20c A'vt3v'•w +` , _ s app ication MUS 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 onpremises,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 mita 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 Bnil ling 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. ---, ,ev,„,._,t,.. L—,4Q.A_A&--c. 1111 (Signature of applicant or name,if: ,Nation) E ' _2 c , AC1c.t -D c � es---s• ,orf\app�licant) State whether applicant is owner, lessee, gen 'architect, engineer, general contractor, electrician,pillTiber or builder Name of owner of premises (--,-s-c -7-): _ ming f2 Ell-L?- ( Cc ' la -- (As (As on the tax roll'or latest deed) If a.. t i`-orpora -pn sly.... . e of dul%wowy authorized officer Milpame and title o .rporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet 67 1? County Tax Map No. 1000 Section `3 S Blockz--trot .' -72 Subdivision 5 $ � �+•`"� v in n1 IT r--� 7-L4-T S Filed Map No. .,•, . :LoV/ •Y H (Name) ._ .F, 2. State existing use and occupancy of premises and intendeduse and occup of proposed construct;on: a. Existing use and occupancy S L e F A-rvk i b. Intended use and occupancy 3. Nature of work(check which applicable):New Building Addition Alteration Repair _Removal Demolition Other Work (Description) 4. Estimated Cost t l 'C, 'C O . Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units 1 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 es • 4 ( Rear 2 2 '' .� (depth t0 2. 10. Date of Purchase Name of Former Owner G-CJ5 • m 44 f2 c4 L� f 11 Zone or use district in which premises are situated S 11i1.7 & 12. Does proposed construction violate any zoning law,ordinance or regulation?YES NO 13 Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO 14. Names of Owner of premises G P1M 1X Lddress r3 IS 3 / 4-At LIC Phone No. f 4s ',; `12 Name of Architect Address Phone No Name of Contractor - m t Cc w r -r t u Address ►? i S 37j‘ IC Phone No. -7( 3 Q 2 y Srt-EVe CoHE 15 a. Is this property within 100 feet of a tidal.wetland or a freshwater wetland? *YES NO v * 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 V' * 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 ) .GL=Vti 4 - Q t� "( being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contra ctorQAg�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 this / day of /nj4+}/ 20 d� i Notary Public Signature of Applicant ELIZABETH A STATHIS • NOTARY PUBLIC.State of New York No.01 ST6008173.Suffolk County Term Expires June 8,.2O. Wria -7 /, � r APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS �w -------- ---------- ,p1�'0� Office Use Only -- - - ----.. Fee $1615, Filed By• C-LLS tAa r!`pQtib Date Assigned/Assignment No. b73 3 4, RO Office Notes. Parcel Location: House No. Street CNh?S Lf(NF ora sWW/F1/T Hamlet E LIA et 0A) SCTM 1000 Section 35 Block p$ Lot(s) 5. 11 Lot Size Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Owner(s): .62(15 MAR R [?E P,L`r( Coo- . Mailing t Address: V -- 13 3-1 Po L k 1 t o Telephone: (6 3i) 4-7-7 -` 1410 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: 'ON N A CE 's-A C--Hry Address: as i; 5 s SOwvO VIEW Ave Sou (19'7/ Telephone: G3l) 765 — '556 Please specify who you wish correspondence to be mailed to,from the above listed names: ❑ Applicant/Owner(s) yl Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: El Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use Permit for As-Built Construction El Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article KX l V Section 100- a24 Subsection Type of Appeal. An Appeal is made for: WA 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"hasghas not been made with respect to this property UNDER Appeal No. Year • • 'REASONS FOR AREA VARIANCE ONLY(to be completed by applicant): Do not use these standards for"use variance" or"special exception" (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nereby properties, if granted BECAUSE: _-H E l7►s-ritztNCE IS ON _y 141MIA 14AL_ 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: /HE FOuNQATro,v H R5 I L2E R DY ( eEN PO' QGO 3. The amount of relief requested is not substantial BECAUSE: 17 13 0 IJLY oFF S 1 a pr Q ci 41 1AI• 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: 5 AN C- A5 AeoV e 5. Has the alleged difficulty been self-created? (X) Yes. OUSE �To A L4-1 At0G G 1 t•-) A R-'rrr E CTS iR i OV€RS rre O' T H ( ) No. SkARVE 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) (Applicant) 1 Agent must attach written consent from ow -1- Sworn to before thi a1 day of , 2002. LYNDA M. BOHN NOTARY PUBLIC, State of New York ry lic No.01606020932 Qualified in Suffolk County D•\DATA�AL\FORMS\ZBA.APF Term Exrir^c p^ .,h ?�U OARD OF APPEALS : TOWN O6111-VLp COUNTY OF SUFFOLK:STATE OF NEW YORK • x Application of Property ID # Appeal Application (Continued) REASONS FOR USE VARIANCE x Continuation of Appeal Application for a Use Variance (when applicable): 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): (1) The applicant CANNOT realize a REASONABLE RETURN because: (2) The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (3) The relief requested will not alter the essential CHARACTER of the neighborhood because: fl C- PROPEgrtY 'ls oN -t H E rt ll-de sctC t ij p CoNNo e A),0 ON IN OFF 6`f aFT 4 (4) Has the alleged difficulty been self-created? (• ) Yes, or (/N) No. 011E2StTc Du 'TO GE4A0 6-E 10 A e-C 4 TEG (5) This is the MINIMUM that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety, and welfare of the community because: __/-44 e tue Ge SSA e_y ram _n_tts t=ou.v04-v cw TD Oe Sul 1.--r t5 -rNc oZf r p (6) The spirit of the zoning ordinance will be observed. (7) The public safety and welfare will be secured and substantial justice done. (Signature of Appellant or Authorize t) Swornto before this a1 day o , 20 L i� / Yv\ (N•'�•ry Public) NOTARY LYNPUBDA M. BOHN No. 01806020932 ew York Term as Suffolk County ? enc all IND PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s) I If building is existing and alterations/additions/renovations are proposed. A. Please give the dimensions and overall square footage of extensions beyond existing building. Dimensions/size: Square footage• B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II If land is vacant: Please give dimensions and overall square footage of new construction. Dimension/size Square footage: Height: III. Purpose and use of new construction requested in this application. 51,0 6,t C t JIO Of QC�I IJF NCE IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s)• U•A . 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 A.5a? 6 5ma.,' &ay loco - 3 5 - g'->ak TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER : STREET VILLAGE DIST. SUB LOT /f'- i/�0/07 C h i o S Lanz ;asi-- NI r cn Z c aim* Es kaes &ca (3s-k-5: vi3g--7--/zaz) ACR. .p E^ R S 2 TYPE OF BLD. d(�L1//�/ --//s/oz) sal, ( pv' C usrocc ( Yea c 3LtAS - LAND IMP. TOPROP.TAL DATE 7 C O \ 1 q4 $49/p5 - 1... �� ► r� ''N�k :6s Gugcostr fi tk 5 0-0 C�.IJ S 7C-Z - ivO Z - — -- -- - - b 0 Z /9/azd 1 s-b 0 M I '2-0-0f S/07,- — — • FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL I coo _ 5_g. 5 , I TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB LOT �S N/AYDS Lo�rn.r�.. "ki Ic ) 2. Smm}4 s+&es c 1 I s 4 ACR. ,9 ) REMARKS - - TYPE OF BLD. Cocks mo ( C lei_ ff;) PROP. A-1. I LAND IMP. TOTAL DATE -7 CC1PZ -70-T) — - - 1DD t , 3( I ` - — — l FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL oil AIIIIIII $, lle alb"- . Young & Young , a ` N 400 Ostrander Avenue, Riverhead, New York 11901 lr ` 631-727-2303 • Open Space Parcel 'A' d, Ata aW.Young, p E . & L.s. (1908-1994) it aeer+g, Land surveyor tat to •vA • Thomas C. Wotpert, Professional Engineer `•his' Subdivision — ��66 Robert C. Tgat, Architect • '.r "Summit Estates, Section 1" ti •v�d'. W E Suffolk County File No. 9426 now or formerly it 1 -s. New York State Public Works `' Lot 11 0 1 ill! .' Mme°'�A �' •.�'�. S !4---: -N5 ' sA-s 1 0.61( ' O N ` V 01 o SS• 8 s 4 0 4i`o \ V SURVEYOR'S CERTIFICATION ovl� . �'� V • WE HEREBY CERTIFY TO GUSMAR REALTY CORP. &PARED IN a ti� MASPETH FEDERAL SAVINGS Sc LOAN C0 li 1�t°' 1 ASSOCIATION THAT THIS SURVEY WAS y�� ACCORDANCE WITH THE CODE OF PRACTICE FORELAND SURVEYS 's, ��$.4Fi' �� \ PROFESSIONALADED BY HE NEW LAND SURYORS.TE ASSOCIATION NEIN of Y 0 Lot 12 •�°' fl oo. si!hi ' oct- lig "SummiSection 2" mCISubdivon \ HOWARDWOUNGNY.S. LS. N0. 45893 r-� by 4+ Suffolk County File No. 9426 P • SURVEY FOR s s GUSMAR REALTY CORP. ?di G • V Lot- 13 ` \� '��'- LOT 11 "SUMMIT ESTATES, SECTION 2" `g°' � l' �,���� 0'`�� ' At East Marion, Town of Southold a ` V- Subdivision — 4.% \tp,F Suffolk County, New York �' "Summit Estates, Section 2" ti\\�� R is County Tax Map District 1000 s«-ci«, 35 Block 08 Lot 5.19 i l' ii, 4''"10.00' ��� « $ • \ X2.83' `A\> FOUNDATION LOCATION SURVEY VI �`` o NOTE FOUNDATION LOCATION SEPT. 20, 2002 5.1g • AREA = 30,000 SQ. FT. GENERAL AMENDMENTS JULY 1. 2002 • SUBDIVISION MAP 'SUMMIT ESTATES, SECTION 2" FILED IN GENERAL AMENDMENTS JUNE 14. 2002 THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MAY 21, MAP PREPARED MAY 6. 2002 YPdr:::_ 2002 AS FILE NO. 10768. r r SCALE1' = 50' ['L hfi , ❑-MONUMENT SET ■ - MONUMENT FOUND A- STAKE SET A-STAKE FOUND JO�, N0:.2002-0232 i `\ DWG., 2002_02327_fotndotionJocotioptt t - February 20, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. 0. 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. — 5234 — Gusmar Realty Action Requested: "As-built" foundation with front yard setback Within 500 feet of: ( X ) State or County Road ( ) 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 —' z8A COUNTY OF SUFFOLK - aa.cge 7K-Lea- Ct_ilt: > 11 MAR 1 2 ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING February 28, 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) Greenberg/Gabriel 5199 Sheehan 5216 Goell 5219 Snellenburg* 5233 Gusmar Realty 5234 Speleotes 5237 North Fork Bank and Suffolk Development Company 5265 **Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the ZBA. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G:ICCHORNYIZON I NGIZON INGIWORKI N G1LD20031FEB1S D5199.FE B" LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4T1-I FLOOR ■ P 0 BOX 61 00 ■ (5 16)853-5 190 I00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda.KowalskiATown.Southold.nv.us or Paula.Ouintieri a,Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) FAX TRANSMISSION FAX# ATTN: I ti. _� ��..�i�.. i �_ / DATE: l / o? /200ri REF: 3`I C / MESSAGE: v� 6 €IJV Cid_ Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: � J � APPEALS BOARD MEMBERS •••0\,1 $OFFO(,�c . Southold Town Hall Lydia A.Tortora, Chairwoman y� 53095 Main Road Gerard P. Goehringer co Z P.O. Box 1179 George Horning k;O 4i$ Southold,New York 11971-0959 Ruth D. Oliva �O�'��� ZBA Fax(631)765-9064 Vincent Orlando =_ * -0„, Telephone Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 9,2003 Appl. No. 5234—GUSMAR REALTY Property Location: 610 Chois Lane,East Marion 35-8-5.19 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the northerly end of Summit Lane. The lot is shown as Lot 11 on the Map of Summit Estates, Section 2, and is presently improved with a foundation (see Building Permit 28558-z which authorized commencement of construction for a new house with a setback of 40 ft. from the front property line at its closest point). BASIS OF APPLICATION: Building Department's September 27, 2002 Notice of Disapproval which stopped work regarding Building Permit 28558-z for a foundation at less than 40 feet from the front property line. 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: The relief requested is 2.4 feet within a front yard area for an "as built" foundation, located at 37.6' instead of 40' from the front line at its closest point(see survey updated September 20, 2002 prepared by Young & Young, L.S.) 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is primarily being developed with new homes 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance. The property is a non-conforming lot consisting of 30,000 square feet in a R-40 district. The "as built" foundation was r Page 2—January 9,2003 Appl.No. 5234—Gusmar Realty 1000-35-8-5 19 at East Marion placed at 37.6 feet instead of the required 40 feet. Without a variance the applicant cannot construct the new house. 3. The variance granted herein is not substantial in relation to the code requirement. The distance is only 2.4 feet. 4. The alleged difficulty has been self-created and is related to errors in measurements by the applicant. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum necessary and adequate to enable the applicant to enjoy the benefit of a new foundation for a house, 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 factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Orlando,and duly carried to GRANT the variance, as shown on the Young & Young survey updated September 20, 2002, SUBJECT TO THE CONDITION that construction shall comply with all other code setbacks and lot coverage provisions, without further reductions in the front yard area. Vote of the Board: Ayes: Members Tortora (( aixwarran),GoehringerOrlando and Oliva. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). * 411111 , « ice' Lydia A. Tortora, Chairwoman 12b-03 ro 'RANSMISSION t/ERIFICATION REPORT • TIME : 01/28/2003 12:28 DATE,TIME 01/28 12:26 FAX NO./NAME 4779460 DURATION 00:01:26 PAGE(S) 03 RESULT OK MODE STANDARD ECM (_ __ J asig* N ) P ?vssv- BUILDING � iii PERMIT' ISSUED TO G. m.j' tC4- DATE _31/CLosl_ ADDRESS 4JS clNois -4, _E.gi�ri:o , t This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. P7AESe it G/A 7OPSE TSTCPs.... 2" OL 0" I oN i " /WA& COPrrwJAL) LTS//AGA NO •C°MPl7' EVA DECK 4 STEPS STAN04ac Ca 3rR 1 W/Nea YeaK MATE ENe1GYCODE a yx a�A Dein PUNr�us o'"' s iF Vo•EGL ' NfARM +±I a I FIDE F1bM 9E1oN I Fiii775'r1'LY- �7-' _ .� _I-_i IL..it I �1- I .757 ca_ 11111l y� BREAKFAST I a I 12'3 ,'ll -- /S�G12" r !..4. /SiO, ,y u1B' -- r" 12!10" {�" OPT, I G1.2SOLroNFR `^+ 1 I TRAY, L I., CPINAL xlED 6N ia.o_ I �LAYOIIT 1a AED I Ep) . orbn LrvNG ROOM K/fCkJEN BEDROOM N°2 I I I a n - d t l 4.8 2r8 I 4 uo _ 2410 41,6.0,C. 1!!')C12.1 --t/G•o.c, � Io w I aAG'o�c, ee 1G"AC. c• v 0 I nAN� rs •yo - /0=0"N/GA/4Q U cote suOfR m J I n • }----- Iw ccesrr Es I +�� ' �� 1Y9 W P PoH 1-11-411 '' M \ 1 L11lace - `ill IIII •�_e e 4 i1 1 � / kik I� i3 o"F dl, 1 O Y [tt—; /L 1 FJ Elld4I °''4 5e N 7.0 csal3'G"� rI �' Si --�l ' ` rot 4 h O Po9f G°AA Su°ER av I I - rill r P 3-2+912 Fat RoF .7 n�-- tiY 01 : 1` a�1. I g_1� Z4 1L h �-0 I�I I/ {H - - 1..993!lT T� EN y _C. lo7&UNG RNM BaGWOQMN13.a I 0 t Ir_t 1 1 e `- N IK 2,,a_.tc°o) _Rs13-4,- , Q 1 - I� kapi„s - 1 0 11 ��4�d4 1°``�.0 - '' - I t°Slo111111ll'!I"" maESraoPII L + +tt�orW7 fPalnoa C°Nc) jojj � 1 jI I. pymTI siePs Q�! b I1 PlMI Iao'-1o' x ' _ 8!912" coL. �'312' � a. I V -I BV36 LAL.LYI A;;: :- r -� `- - �' o I SUMMIT ESTATE I 3-'IXI3 O ,r-,:l 3-2K12 11 'PoUAED(AEINF) SUMMARY OFR 1 • I- 312' LALLY mL. I myc APnn.J I TUF uPFRIU p -N J I W 3a✓A 7 1 1. OmIPu74 V ilt I OaEA/(Ert, a Hih c HW Y' 1 SW b o ti Nit `N/P Pos7 a Ow. 11- 3 I G 2. ran Occaa N w ,,I I / Nm rte_-__. I � r ) I . of , I m . REVISIONS OWNER,DEVELOPER,AND CONTRACTOR :'-2-E'01 IESVEO TO D 0.6 FOA RUNG AND.-APPRGJA C. _ GUSNIAR REALTY CORP -- - ANO TO aWAEA.POE P.N.EW 13-77 37TH AVENUE _ LONG ISLAND CITY,NEW YORK ._ --- - LP 11101 k '��'�o��SUFFO(�-eo ELIZABETH A.NEVILLE ���h� G3. ; Town Hall, 53095 Main Road TOWN CLERK cz - % P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS V6 4'S Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER -y�49l .0.0.0,/ Fax (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, Southold Town Clerk DATED: October 9, 2002 . RE: Zoning Appeal No. 5234 Transmitted herewith is Zoning Appeal No. 5234 of Gusmar Realty Corp. by Donna Geraghty for a variance. Also included is: Applicant Transactional Disclosure Form; Project Description; Notice of Disapproval dated September 27, 2002; letter of authorization; copy of building permit 29557Z; copy of building permit application; and plans. fielING BOARD OF APPEAL ill 4# Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskiTown.Southold.ny.us or Paula.Quintieri(a Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: ip / 7 /2002 I REF: Hearing Date: // / / 63 Appl. of ._210<__ �L - � .1jII.A /. / ( x ) Info attached for your information and review. Thank you. Pages attached: cla a 41110C-ca-e-4 dl-a r : V9/03, /20-410 GUSMAR REALTY CORP. & Summit Waterproofing and Restoration Co 13-15 37TH Ave. L.I.C. N.Y.11101 Tel (631) 477-4470 Fax (631) 477-9460 October 1st, 2002 OCT — 4 6E- Southold Board of Appeals 5 a3 Aft. Gerald Goehinger - 53095 Main Rd. Southold N.Y.11971 Re: Summit Estates Lot#11 SCTM#1000-35-8-5.19 Dear Mr Goehinger, I have recently made application for a variance of a front yard set back. The foundation was poured 2ft 4in. to close to the road. This home is already in contract, and the purchases must be out of there home by March. I would respectful ask if there is any way that I may be moved up to your next meeting so that I can accommodate our buyers. I don't believe that,this error in any way what so ever would have any impact on the surrounding lots, because it is tucked away in the Connor of a cul-de-sac and will not interfere with any other homes. I await your responses. Very truly, Donna Geraghty, For Summit Estates Sep •24. 2002 12:46PM No.9385 P. 1/1 GUSMAR REALTY CORP. 13-15 37TH AVENUE LONG ISLAND CITY, N.Y. 11101 TEL: 718-392-6858/Fax: 718-729-4160 September 24,2002 Southold Town Board of Appeals Main Road Southold,N.Y. 11971 RE: Lot# 11 Summit Estates East Marion,NY SCTM: 1000-35-08-5.19 Dear Sir or Madam: Please be advised that I,Pantelis Fakiris, am the president of Gusmar Realty Corp.whose offices are located at the above address. I hereby give Donna Geraghty authority to act as agent on our behalf in reference to the above mentioned property. Should you have any questions,please do not hesitate to call. Sincerely, 404,Als- Pantelis F Pres. Guar Realty Corp. • • i FORM NO. 3 NOTICE OF DISAPPROVAL :.-=P 2 7 )2 DATE: September 27, 2002 TO: Gusmar Realty 1315 37th Street Long Island City,NY 11101 Please take notice that your application dated September 27, 2002 For approval for an"under construction" foundation location at Location of property: 610 Chois Lane, E. Marion County Tax Map No. 1000 - Section 35 Block 8 Lot 5.19 Is returned herewith and disapproved on the following grounds: The"as built" foundation constructed under permit#28558Z located on a non- conforming 30,000 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-244. The required minimum front yard setback is 40'. The proposed front yard setback according to the current survey is at 37.6'. Total lot coverage, is less than 20 percent. Authorized Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 28558 Z Date JULY 15 , 2002 Permission is hereby granted to: REALTY CORP GUSMAR LONG ISLAND CITY,NY 11101 for : CONSTRUCTION OF A SINGLE FAMILY DWELLING AS APPLIED FOR at premises located at 610 CHOIS LA EAST MARION County Tax Map No. 473889 Section 035 Block 0008 Lot No. 005 . 019 pursuant to application dated MAY 31, 2002 and approved by the Building Inspector to expire on JANUARY 15, 2004 . Fee $ 1, 358 .40 ' 11111VAuthorized Signature ORIGINAL Rev. 5/8/02 lb 0 . . 411, , . Young & Young Q ` N 400 Ostrander Avenue, Riverhead, New York 11901 t'l 631-727-2303 1i Open Space Parcel 'A' , Alden W. Young, P.E. & L.S. (1908-1994) �l Howard W. Young, L r n $ •t Thomas C. Wotpert, Profe g .ear i Subdivision — hro6 t. -,,, Robert C. Tact, -" t_.. - / , "Summit Estates, Section 1" V • Ai W -- ¢�- E t � , . L 3 , Suffolk County File No. 9426 t c Ili! < �yF now or formerly I i •� • New York State Public Works - i Lot 11 tiyy� )",e.t r F :Lf)13 HOLD J P' a' s 6 . f \ a v3 S i �� ` ..N• .o 12 X3.4 !. G. ' V �t.4 X, W ,/ ?i Niti p . \ ,/ \ I 8�. '�. �j, \ S li sAs. 11 g; ' ti hyo SURVEYOR'S CERTIFICATION Pi s �� K. • WE HEREBY CERTIFY TO GUSMAR REALTY CORP. & g': ;o; ' ,o, ry MASPETH FEDERAL SAVINGS & LOAN *Pr% C9 \ ASSOCIATION THAT THIS SURVEY WAS PREPARED IN $ ACCORDANCE WITH THE CODE OF PRACTICE FOR i �VEYS s X3.46' \ ADOPTED BY THE NEW YORK STATE ASSOCIA 7S) \' 'QV \ PROFESSIONAL LAND SURVEYORS. S kO •2,1, A0.00' o W. y Lot 12 ,'�� -0o- y��.,, �i�`f` it —► Lot 10 <<.. �li� < Subdivision — 1 co . i ► ��a• i r , "Summit Estates, Section 2" ' o \ <� O { t. t Subdivision — HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893 C2 45893 �� "Summit Estates, Section 1" l.A�dps�� b` .\ L+o Suffolk County File No. 9426 E' Iwo. SURVEY FOR s GUSMAR REALTY CORP. G tiii Lot 13 ``�.�� os�• LOT 11 "SUMMIT ESTATES, SECTION 2" i; ;�`� 0,,,.. ��' At East Marion, Town of Southold i'• 7 Subdivision — ;.,,` / \,P Suffolk County, New York € � • ' "Summit Estates, Section 2" ti,\\.. \ a " County Tax Map District 1000 section 35 Block 08 Lot 5.19 f! �?� z�2.�0 � FOUNDATION LOCATION SURVEY i. ul . a NOTE FOUNDATION LOCATION SEPT. 20, 2002 Is; AREA = 30,000 SQ. FT. GENERAL AMENDMENTS JULY 1, 2002 • SUBDIVISION MAP 'SUMMIT ESTATES, SECTION 2" FILED IN GENERAL AMENDMENTS JUNE 14, 2002 11 THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON MAY 21, MAP PREPARED MAY 6, 2002 I a� 2002 AS FILE NO. 10768. SCALE 1" = 50' FL f1i* t ❑ - MONUMENT SET III JOB NO. 2002-0232- MONUMENT FOUND A - STAKE SET A- STAKE FOUND F � DWG. 2002_0232_foundJ ationocationf + TOWN Of SOUTHOLD '' BUII,DIN APPLICATION CHECKLIST BUILDING DEPART ?t.r H W 4 2002 Do you have or need the following,before applying' TOWN HALL I Board of Health SOUTHOLD,NY 11971 Ai.De �I rT 3 sets of Building Plans TEL: (631) 765-1802 ''' Of- KW-MOLD TOLD pig Board approval FAX: (631) 765-9502C9e5-58 Survey r PERMIT NO. Check Check Septic Form N.Y.SD.E.C. Examined i S ,20 2 Trustees Contact: Approved �//J ,20 2Mail to: Disapproved a/c � *a. f'43 Y�_�iU�_ de /& Phone: _ Expiration i it , 20 II ar /Pk Building . '. •r EGh.E, 1V._. 1 . APPLICATION FOR BUILDING PERMIT X11► � Date 1`), ( 20 pe2, �,t* INSTRUCTIONS • 014141. ;ins , s app 'cation MUS 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 week 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 arm part for any purpose what so ever until the Building issues a Certificate of Occupancy. Inspector 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 addition six months. Thereafter, Building Inspector may authorize,in the extension of the permit for an 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 authorized inspectors on premises and in building for necessaryregulations, and to admit �dm8 inspections. A. (Signature of applicant or name,if j o gy ration) 'Z2( S Cke),D t) State whether applicant is owner,lessee, gent architect,engineer,general contractor, electrician,pluiaber or builder Name of owner of premises (-;-c.".3- iii 6 g 12 cin-C_?- Cc,_p X (As on the tax roll or latest deed) If a. .44,1b.t itj orpora.► . si a. • . .e of duly authorized officer 1 ame and title o 'rporate officer) Builders License No. Plumbers License No. Electricians License No. • Other Trade's License No. 1. Location of land on which proposed work will be done: c.) vy‘ rn rt 1EX37 itYmiefa� House Number Street Hamlet i9 County Tax Map No. 1000 Section `3 S Block g- A. S u rvil r>1 -l- .,,., , Subdivision 1 �y-f-�,�--� Filed Map No. vt /' ' �T Fli��p',. ;��, 'kltilte�;�:r;^Lc�7l.4€:.04� (Name) «—F..4.0;a,1.x1.ZE-, <A •r z_i' 2. State existing use and occupancy of premises and intended'use and occupancy of proposed construction: a. Existing use and occupancy ctoC=LF V I ( L b. Intended use and occupancy 1M t LA! 3. Nature of work(check which applicable):New Building 1 Addition Alteration Repair .Removal Demolition Other Work (Description) 4. Estimated Cost ( C (,CtC' Fee (To be paid on filing this application) • 5. If dwelling,number of dwelling units ( • Number of dwelling units on each floor I 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 1 . Dimensions of entire new construction:Front Rear Depth .Height Number of Stories 69. Size of lot: Front Sys • C Rear 2 2 .6 (-Depth t 0 2. 10. Date t>f Purchase Name of Former Owner G-4.15 • L7--`I • 11. Zone or use district in which premises are situated • S 1 tiqol - 12. Does proposed construction violate any zoning law,ordinance or regulation?YES NO IV 13. Will lot be re-graded?YES N./NO Will excess fill be removed from premises?YES NO __ 14. Names of Owner of premises 6-05/1 A-R kb14-i-> ddress 1315 3 't 4-A L i C- Phone No. (s- Name of Architect Address Phone.No Name of Contractor !t Cc it; -r t u Address 1-2) 15' '3'74A --( Phone No. 1 lS' S-rEVE CoHE J 15 a. Is this property within 100 feet of a tidal wetland ora freshwater wetland? *YES NO v*-- * '* 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 V * 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>4-=iI0 Q a AG- being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contractorqge�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 this 3/ day of /Viy)/ 20 0..2 V2W) v Notary Public Signature of Applicant ELIZABETH A STATHIS • NOTARY PUBUC,State of New York No.01 ST6008173.Suffolk County Term Expires June 8.20.Q4a. 41011 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: Cc/51.01e g E q c.T4 C.'O,a/� , OD,,)ANA e-A (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, sudh as a company If so, indicate the other person or company name ) NATURE OF APPLICATION. (Check all that apply) Tax Grievance Vanance 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 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 2tday of • ► p 2 Signature 11 • Print Name ,N G � �� I Of Southold i r.) Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/09/02 Receipt#: 174 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 174 Total Paid: $150.00 ) J j Name: Gusmar, Realty Corp 13-15 37th Ave Long Island City, NY 11101 Clerk ID: LINDAC Internal ID:63323 • `Dec, 2. 2002 4:35PM No 3026 P. 1 1 A ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---_ x AFFIDAVIT In the Matter of the Application of OF SIGN POSTING Gusmar Realty Corp. (Name of Applicants) CTM Parcel#1000-35-08-5.19 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, jl A R i A SEAS of Gusman Realty Corp.residing at CA 5-1- 19� ,New York,being duly sworn,depose and say that: On November 27,2002 I have placed the Town's official Poster,with the date of hearing and nature of our application noted thereon,securely upon the 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,near the entrance or driveway entrance of our property, as the area most visible to passersby,and that We hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be December 12,2002. (Signature) Sworn to before me this II Day of L ,2002 • Al A ,I otary Public JOYCE M.WIL.KINS Notary Public,State of New York No.4952246,Suffolk County Term Expires June 12, (OQ ZONING BORAD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x AFFIDAVIT In the Matter of the Application of OF MAILINGS Gusmar Realty Corp. (Name of Applicants) CTM Parcel #1000-35-08-5.19 x COUNTY OF QUEENS) STATE OF NEW YORK) I, DA/3(EL F. b421qe.70k)C-.777 residing at bc.yckL.y/J, ,New York,being duly sworn, depose and say that: We, Gusmar Realty Corp., are the owners of Lot 10, Lot 12 and the open space Parcel A of the subdivision Summit Estates which are the properties that are adjacent to Lot 11, 615 Chios Lane (Summit Lane), East Marion,New York. We hereby waive notice regarding the variance for Lot 11. 7 (Signature) Sworn to before me this Z Da oftw , 2002 P(1)4 .-- DONNA M. NEUBAUER NOTARY PUBLIC.State of New York No.41-4196600 Nabbed to Queens County n Term Expires September 30, 20 x e N STATE OF NEW YORK) )SS: COUNTY OF SUFFO K) <,e �/o�,d ,rir/ ><,(��i� of Mattituck, in said SI . k t_ I county, being duly sworn, says that he/she is APP LS at the own. ;5'3095 Main Roarl, S0014014,"New York ' Principal clerk of THE SUFFOLK TIMES, a weekly -11971, cm. Thursday, becertrber 12,p newspaper, published at Mattituck, in the Town ofoat, .. ` " °"(or asSouthold, County of Suffolk and State of New York, ' an. JEAN GOELL. Thisis a request for a Variance under Section and that the Notice of which the annexed is a printed 100-244B based on the Building copy,has been regularly published in said Newspaper Department's August 22, 2002 once each week for / weeks succes- Notice of Disapproval, concerning y proposed additions and alterations to sively, commencing on the Z/ day an existing building with setbacks of /Voir 2002, • closer than 35 feet from each the front lot line and rear lot line. Location of Property: 32645 Main Road,Cutchogue;117-9-16.2. 7:00 p.m. Appl. No. 5225 — rincipal Clerk ROBERT and CELIA SWING. This ^ is a request for a Variance under Sworn to before me this o2 ? Section 100-244B based on the j Building Department's August 22, 1 day of AAV' 20 d� 2002 Notice of Disapproval,concern- ing the nonconforming setback lora- + r!/til�d�l Lll.li'tit- tion of"as-built"additions and alter- ations at less than 10 feet on a single LAURA E. BONDARCHUK side yard and less than the minimum Notary PublicState of New York requirement of 25 feet for total side Noo O1 958 I yards. Location of Property: 445 Qualifiedied in in 5,Suffolk County `� Island View Drive,Greenport;57-2- 27. My Commission Expires Dec.24, 20—M- 7:10 p.m. Appl. No. 5226 KATHY and JOHN CHESKA.This is I a request for a Variance under ' 1 Section 100-244B based on the Building Department's August 26, 2002 Notice of Disapproval,concern- ing proposed second-story additions and alterations with a front yard set- back at less than 35 feet.Location of Property: 1300 Minnehaha, Southold;1000-87-2-11. 7:20 p.m. Appl. No. 5234-GUS- i MAR REALTY.This is a request for a Variance under Section 100-244 based on the Building Department's September 27, 2002 Notice of Disapproval, concerning "as-built" foundation,(under BP#28558-Z for new construction) with a front yard setback at less than 40 feet.Location of Property: 610 Chois Lane, East Marion;Parcel 1000-35-8-5.19. 7:30 p.m. Appl. ,No. 5229 — HILLER ESTATE. A Lot Waiver is requested under Section 100-26 to unmerge two merged parcels, one being the northerly (vacant 1000- 123-3-2) portion containing 18,447 sq. ft. of land area proposed for a future dwelling,and the other being the southerly 31,031 sq. ft. portion ; (improved) (1000-123-3-4.1). The Building Department in its July 19, 2002 Notice of Disapproval, deter- mined that both former lots have merged due to common ownership after July 1,1983(May 1,1983). 7:35 p.m. Appl. No. 5214 - ROBERT and LEONA WHITE. A Lot Waiver is requested under Section 100-26 to unmerge a parcel containing 14,000 sq.ft.of land area, from the adjacent land area also with an area of 14,000 sq.ft.Based on the OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(a).Town.Southold.nv.us or Pau la.Quintierk Town.Southold.nv.us (631) 765-1809 fax (631) 765-1823 or 9064 November 25, 2002 lz Re: Chapter 58— Public Notice for Thursday, December`'t 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 2' 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. OFFICE OF ZONING BOARD OF Al 4LS • X. 53095 Main Road Southold, NY 11971 Email: Linda.KowalskikTown.Southold.ny.us or Paula.Quintieri(Town.Southold.ny.us http://southoldtown.northfork.net (631)765-1809 fax(631)765-9064 FAX TRANSMISSION q L� FAX# 77— / ( ‘a ATTN: p- vita - x.��+ � DATE: 1/ /2-4 /2002 REF: t)7a/L J1 o o)3 MESSAGE: 7( Cp / -4-1.---;-/---.---rt-Aw4 /^9-6,---?‘"") Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: Chapter 58, NOTICE OF PUBLIC HEARING [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. Byt causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed ,J1"tfr by law. ill. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the ►f�e5, ( time and place of the public hearing thereon. The sign shall be set back not ,►� 1 more than ten (10) feet from the property line. The sign shall be displayed for 1�3 a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that ,-s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of of every property which abuts and every property which is across from any ,/t� public or private street from the property included in the application. Such 4 ' notice shall be made by certified mail, return receipt requested, posted at s° i least seven (7) days prior to the date of the initial public hearing on the !' '! application and addressed to the owners at the addresses listed for them on l.� / the local assessment roll. The applicant or agent shall file an affidavit that \efv(b d) s/he has complied with this provision. i.- t 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): 7:20 pm Appl. No. 5234 - GUSMAR REALTY . This is a request for a Variance under Section 100-244 based on the Building Department's September 27, 2002 Notice of Disapproval, concerning "as-built foundation (under BP #28558-Z for new construction) with a front yard setback at less than 40 feet. Location of Property: 610 Chois Lane,East Marion; Parcel 1000-35-8-5.19. 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) 14 J R J-' J 4 ZONING BOARD OF APPEALS • TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) I. residing at , New York, being duly sworn, depose and say that: On the day of , 200 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 hearing date was shown to be (Signature) Sworn to before me this day of , 200 . (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. �e-- J. ` ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK ------ x In the Matter of the Application of AFFIDAVIT OF (Name of Applicants) MAILINGS CTM Parcel #1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the day of , 200 , 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 on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. (Signature) Sworn to before me this day of , 200 • (Notary Public) 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. P. 1 * * * COMMUNICATION RESULT REPORT ( NOV. 26. 2002 5: 15PM ) * * z FAX HEADER: SOUTHOLD SUPERVISORS TRANSMITTED/STORED : NOV. 26. 2002 5: 14PM FILE MODE OPTION ADDRESS RESULT PAGE 219 MEMORY TX 4779460 OK 5/5 REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-2) BUSY E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold,NY 11971 Email: Lida.KowalskleTown.Southold.ov.us or Paula.QuintieirMTown.S outhold.nv.us http://southoldtown.northfork.net (631)765-1809 fax(631)765-9064 p �C FAX TRANSMISSION FAX# _71\ ! + 44 ATTN: e[S+O-g.4a_) .o.&,n_d flL� DATE; 11 / O /2002 REF: ic.o ryjQil� tT 6-;)3 / MESSAGE: .l.�a/ I1 Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: . • OFFICE OF --- - ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(a)Town.Southold.nv.us or Paula.Quintieri u0Town.Southold.nv.us (631) 765-1809 fax (631) 765-1823 or 9064 November 25, 2002 Re: Chapter 58– Public Notice for Thursday, December 14, 2002 Hearing —4--c- x /tom/ Dear Sir adam: 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 2"d 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. aNSMISSION VERIFICATION REPORT I-� 4 TIME : 11/26/2002 17:00 DATE,TIME 11/26 16: 59 FAX NO. /NAME 4779460— DURATION 00:00: 47 PAGE(S) 01 RESULT OK MODE STANDARD ECM No•8008 P. 1 ZONING BORAD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---.-_ AFFIDAVIT In the Matter of the Application of OF Realty • MAILINGS (Name of Applicants) CTM Parcel#1000-35-08-3.19 COUNT OF QUEENS) STATE OF NEW YORK) I, ttt F. b A60/QL 7 7 residing at ;•twO, ,New York,being duly sworn,depose end say that: Wc, Gusmar Realty Corp.,are the owners of Lot 10,Lot 12 and the open space Parcel A of the subdivision Summit Metes which are the properties that are adjacent to Lot 11, 615 Chios Lane(Summit Lane),East Marion,New York, We hereby waive notice regards the variance for Lot 11 - .7 (Signature) 4sypm to be 'oro me this Da of woe,2002 DONNA M. NEUBAUER NOTARY IRAKIC,State of Nate York t(o.41.4796600 Qalltffed is WW1 County Term Expires September 30,20 GUSMAR REALTY CORP. & SUMMIT WATERPROOFING& RESTORATION Co I3-15 37' AVE. L.I.C. N.Y41101 380 MARINA LANE EAST MAZON N.Y.11939 TEL (631) 477-1470 FAX (631) 477-9460 DATE: I to 4-(v i TO: 'ti". (2ioea.e6 kowq.csti, FAX: ���3r ) "1 g5-- qo eq FROM: S u.0 T esu reS NO OF PAGES (INCLUDING.COVER SHEET) RE: 1 U;�;ZN Young & Young ging, nNSE 400 Ostrander Avenue, Riverhead, New York 11901 o 631-727--2303 ig5 N Alden W. Young, P.E. & L.S. (1908-1994) F` ` Howard W. Young, Land Surveyor xg' Thomas C. Wolpert, Professional Engineer ` Robert C. Tast, Architect \ III :. Or o W ,.--..— sr. ... . E • \ AK IN AM I Ilk 0 \ aoa F0 rt,' , 3zi Open Space Parcel 'A' <<- _Q, HEALTH DEPARTMENT USE ywJ• � Subdivision - S tg,5.2 •"Summit Estates, Section 1" ,6o' o� j Suffolk County File No. 9426 >3a o a 0 `L now or formerly � _ •'` New York State Public Works 0 4- j Lot 11 �� �y boa 'i-.z Y GG,'5� �' ��b2 �p SES •'J '005 00 s cn 53 38 SPNIIAR`( ss, S,��M B.i8 oc ON F.E ht NOTE O�Gi OPop & GPRAGE o. g,. o��o PR NS4 gEORpOM� >� .' AREA = 30,000 SQ. FT. .. .,`'° OGS 955 j o T}.'S8 O�j oo cV /. • SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF o Q J ?� e� \ SUFFOLK COUNTY. 7 `/,.,9°' ao.9i5 t RiVf�s�o r \ / • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1929) 6+, q v // IY � Roy nom` �1p rn .� ' ---- Zag-- - o\ to Q� \V ?i i.--t' m `\ m `o SURVEYOR'S CERTIFICATION '6J� 76,> •s' L -4 \\ • WE HEREBY CERTIFY TO GUSMAR REALTY & aW oe 2 7,? 1-,"�� 'Q� MASPETH FEDERAL SAVINGS AND LOAN SyN PI Lot 12 O Q' O ASSOCIATION THAT THIS SURVEY WAS PREPARED IN $` 'i' .' 0 \ ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND SURVEYS 'i • ADOPTED BY THE NEW YORK STATE ASSOCIATION 0 Subdivision - gym, / < ` PROFESSIONAL LAND SURVEYORS. (If NE�/ "Summit Estates, Section 2" r;� `\ L0 inot 10 \ P•ST, W Y �� m � rn • Uj ,y� Y c/] f ' X 1ao {gj ` Subdivision \ 4140°..A01---iii. �� o e, Summit Estates, Section- 1" �..: / ‘ �` Suffolk County File No. 9426 HOWARD W. YOUNG, N.Y.S. L.S. N0. 45893 l"l? 4589ry r-' • wo. �y`4-oLANDS 4• ' - s til / \` G 7 ��m •-3�� SURVEY FOR NNW: V 9-' c GUSMAR REALTY �mW v�ti�`` o'" � % LOT 11 "SUMMIT ESTATES, SECTION 2" =N / Lot 13 �P At East Marion, Town of Southold �__' • R o.00' PO Suffolk County, New York <oat ` �u%n Subdivision - `• 415: 40, X2.83' • "Summit Estates, Section 2" County Tax Map District 1000 Section 35 Bock 08 Lot 5.19 BUILDING PERMIT SURVEY 0 REVISED LOCATION OF PROPOSED HOUSE JUNE 14, 2002 o.a MAP PREPARED MAY 6, 2002 ` off ivoNN SCALE 1" = 40' g-gy CI = MONUMENT SET N = MONUMENT FOUND A = STAKE SET A= STAKE FOUND JOB NO. 2002-0232 BP ��oo DWG. 2002_0232_bp .,•w � I