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Ila. V.0c.il etCyctcaLi €_Mn-:ec 459-6ct - Pt.\ £?-o/03- tai -b t',4 1/4- . c o.A2 e16,;(4q - -gid ae26 _. evivevnued. ad, a � o t ,,,iii.. APPEALS BOARD MEMBERS ,Ie ''N5).S11FFUI4t j \•` Southold Town Hall Lydia A. Tortora, Chairwoman c y� 53095 Main Road Gerard P. Goehringer P.O. Box 1179 George Horning ;O .F Southold,New York 11971-0959 Ruth D. Oliva /y�IJO aO�� ZBA Fax (631)765-9064 Vincent Orlando = �;�''� Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 12, 2003 Appl. No. 5269—GEORGE BASANI. Property Location: 1672 Rocky Point Road, East Marion 1000-31-2-10.2 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 40,158 sq. ft. parcel is located on the south side of Fanning Road in New Suffolk and is improved with a two-story frame house and detached garage and shed structures as shown on the survey prepared by Peconic Surveyors, P.C. dated October 24, 1995, amended February 19, 2003. BASIS OF APPLICATION: Building Department's November 13, 2002 Notice of Disapproval denying a permit under Section 100-30A.3 to construct additions/alterations at less than 50 feet from the front property line FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003, which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 22 ft. by 24 ft. addition at the east side of the dwelling at 46 ft. from a right-of-way easement, as shown on the survey map amended February 19, 2003 prepared by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The granting of this variance will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties, because the applicant seeks to construct an addition to his principal building in proportion to the existing structure, and as an improvement to his property without being a detriment to any other properties. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance, because the applicant seeks to build an addition to an existing single family dwelling located on a parcel that has two front • Page 2—March 12, 2003 Appl. No. 5269—J. Basani 31-2-10.2 at East Marion yards. The property is bounded on two sides by a semi-improved right of way. The proposed addition will be +- 46 feet from the right-of-way, instead of the minimum 50 feet required by Town Code. 3. The requested variance is not substantial because the encroachment toward the right of way represents an approximate eight percent reduction from the code requirement. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district, The applicant will retain a setback in excess of one hundred fifty feet from the other common boundary with the right- of-way, and which defines the other front yard on this parcel. The new construction will not disturb the environment, except for the ground area for the foundation in the immediate construction area. There are no wetlands on this property, and the property has high elevations above mean sea level. 5. The difficulty for the applicant is not self-created, and is due to the fact that there are two front yards. 6. The relief offered to this applicant is the minimum determined necessary for this applicant to enjoy the benefit of an addition to the dwelling, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Goehringer, and duly carried, to GRANT the Variance as applied for and shown on the plan prepared by Peconic Surveyors, P.C. amended February 19, 2003. This action does not authorize or condone any current or future use, setback or other _ _ feature feature of the subject_property that_may_violate_=the_Zoning_Code, other_thar_s_uch_us_es, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, and Orlando. (Member Oliva was absent due to illness; also absent was Member Horning of Fishers Island.) This Resolution was duly adopted (3-0). .i3k ND _ 1_-E sod Tiic a. ,� „A s,; Lydia A. ora, Chairwoman —Approved for Filing ;3 3%3 s 3/d /03 DATEE C::R o2',ocO �h`l Town 07:rk. _sr _:1. cl ._ct___clJ �. FF• O(� ELIZABETH A.NEVILLE d '� ; Town Hall, 53095 Main Road TOWN CLERK ® P.O. Box 1179 ayi� Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER `= ®� 40���„.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, Southold Town Clerk - DATED: November 19, 2002 RE: Zoning Appeal No. 5269 Transmitted herewith is Zoning Appeal No. 5269 of Joseph Basani for a variance. Also included is: Amended Notice of Disapproval dated November 15, 2002; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure Form; letter of authorization; copy of Building Permit application; plans; and survey. LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,FEBRUARY 20,2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, February 20, 2003, at the times noted below (or as soon thereafter as possible): 10:00 a.m. Appl. No. 5269 —JOSEPH BASANI. This is a request for a Variance under Article Section 100-30A.3, based on the Building Department's November 13, 2002 Notice of Disapproval, amended November 15, 2002. The basis of the Notice of Disapproval is that additions and alterations are proposed which do not meet the minimum front setback of 50 feet. Location of Property: 1672 Rocky Point Road, East Marion;Parcel 1000-31-2-10.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing.Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call(631) 765-1809. Dated: February 3, 2003. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809). �1 y . FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 13, 2002 AMENDED: November 15, 2002 TO: Joseph Basani PO Box 321 East Marion,NY 11939 Please take notice that your application dated November 12, 2002 For permit for additions and alterations to an existing single family dwelling at Location of property: 1672 Rocky Point Road, East Marion,NY County Tax Map No. 1000 - Section 31 Block 2 Lot 10.2 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a conforming building on a conforming 40,158 square foot parcel in R-40 District, is not permitted pursuant to Article MA Section 100-30A.3.,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum front yard setback of fifty feet. The proposed addition is shown at 46 feet from the front yard line. Total lot coverage, following the proposed addition would be s ercent. Authorize d Signature This Notice of Disapproval was amended on November 15, 2002, to reflect changes made by the applicant. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA • TOWN OF SOUTHOLD BUILD]]' PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT ' Do you 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 A;. 20X Contact: Approved jl�. , 0 -- Mail to: Jc, a- ar Disapproved a/c ( . &Pc 302( E/-ST/"l ekes/ 1/73 ANIF Phone: �30 „y? -a-cro 7 Expiration ��< 20 ' ? 4° ! 'is " -�` 3lyi Builder spector 3 1`1 Q\( I 2 •- ,1 APPLICATION FOR BUILDING PERMIT --—� Date , 20 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,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. `Sign e of applicant or name,if a corporation) P.O, 60x 3 c9 C/ ST M•4e/ //737 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder owiUeK Name of owner of premises J oS eei tj 3454/%)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. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: /6702 1'ock py. 26 &A-3T t1A 1U 'i. House Number Street Hamlet County Tax Map No. 1000 Section 3 I Block a, Lot /00 Subdivision Filed Map No. Lot (Name) • Ir";-- 2. State existing use and occupancy of premises and}intended use and occupancy of proposed construction: . a. Existing use and occupancy geS i C1.er4 C 6 '-/, occ u(47,-1-5 b. Intended use and occupancy i\eS I'd c E" LI o cc uP,1 7 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost # 70) 00 0 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units 3 Number of dwelling units on each floor © — 3 If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. i 7. Dimensions of existing structures,if any: Front 4/0.�( / Rear L/O• / / Depth 2 4-/ Height Number of Stories z- Dimensions of same structure with alterations or additions: Front 66 ' Rear ‘‘ / Depth Z 6/•3/ Height Number of Stories Z. / 8. Dimensions of entire new construction: Front 'Z 5 "Rear ISVzs4'bepth Z Z Height Number of Stories Z 9. Size of lot: Front 1Z,s / /Rear Z IL-/• 6�/ Depth Z 6 4/. 33 10. Date of Purchase I Zi7 S Name of Former Owner pave Vert� - 11. Zone or use district in which premises are situated 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 v NO 14.Names of Owner of premises„Toe. ed-Sib--) 1 Address P• .1 o x 3 a- 1 Phone No. 63(- 4/7 7—.007 Name of Architect Address Phone No Name of Contractor Address Phone No.property / 15 a. Is this 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 * 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: ,j COUNTY OF ) Ja s4--Ii S e PA- 0 I i being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the O wIV� --- -- - . (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 this _ day of `.it' 20(1.)-- %IIil. L_ A�.- LCA 1 i I Notary Public Signature of Applicant JOYCE M.WILKINS Notary Public,State of New York No.4952246,Suffolk County Term Expires June 12, 20 d3 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ 1c® / {I, Filed By: L1( 102-9 Q Q Date Assigned/Assignment No, J x.6,9 V� Office Notes: Parcel Location: House No./6 7 -‘ Street Rocket. Pr. 2N. Hamlet L ft5 r /yf}e/off s,}Fr SCTM 1000 Section 3 I Block . Lot(s) /0.oL Lot Size 4/0)/5g Zone District R— L/O I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: SUoveNi b er 13) aCOZ Applicant/Owner(s): TiiSe-(Jt (1 4-547v r Mailing Address: P.0 x 3g. I LST /74-?lam /vY) //93 Telephone: (63D y?7- c2-65 0 7 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,at chitect,builder,contract MEOWED Authorized Representative: Address: NOV 1 8 2002 Telephone: Southold Town Clerk Please specify who you wish correspondence to be mailed to, from the above listed names: C>(Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED /1/46 FOR: � 19Buiiding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article A Section 100- 30A.3 Subsection Type of Appeal. An Appeal is made for: NTA. 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 Q has -'` as not been made with respect to this property UNDER Appeal Year "/ . shed) AIS0 Zao A_ !1.fr5 /rP frOved 3337 t. .E i Page 2 of 3 - Appeal Application SCe_ A—PC4 /t4 evi/4-- 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: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? (v/) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) 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 on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, pleas proceed to the signature and notary area below. -Th Sign re Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) rof N°v 2,^00 (Notary b ic) ZBA App 9/30/02 SUSAN KOWALSKI Notary Public,State of NswYAk No.4734102 Qualified in Suffolk County Commission Exp;rss Nov.30,20(:)6 - • 1 APPEAL APPLICATION Area Variance Reasons: An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted,because: I feel the character of the neighborhood has been established by many of the much larger homes in the immediate area.Since several of these homes have setbacks of much less than 50 if,I don't believe my addition could possibly cause any detriment to any of my fellow homeowners. II. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: Do to preexisting conditions on my property we are limited to build in the direction in question.We feel our design to be the bare minimum necessary to provide adequate space for our children's bedrooms,at the same time maintaining tasteful,flowing roof lines. III. The amount of relief requested is not substantial because: Although we have designed our addition to maintain a 52 ft setback from our property line an existing right of way creates a front yard situation.This right of way extends on to our property by 6 ft, giving us a 46 ft setback from said right of way.This setback only applies if the right of way is developed,since the adjoining property is owned by Suffolk county water Authority and preserved for water table use this development does not seem feasible. IV. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Our addition has been designed to face a very secluded section of Suffolk County Water Authorities property.Only a dirt road (right of way) separates our property from theirs.In addition to this we plan to build on a section of our property that forms a natural clearing, minimizing the need to clear foliage.This seems to me to be the most environmentally friendly situation. V. Additional info: The only comments I can make in addition,is that this right of way extends on to my property, creating a tough situation for my project.I feel however working together with the zoning board of appeals,and the approval of my neighbors we can resolve this by granting my appeal. Thank You, Joseph Basani PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s). OS� 845 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: h ,r 2 Z Square footage: /6 5-6 s1 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 id use of new construction requested in this application: 5 iU i q I•e x411 n IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s)• 6 F► g Q Lam. Ori /4 Pro,('-12- 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....,.,.. ............ma - -t ..-,, - . -.-, ''• . ',...v Ati'''.r,' 4" ' ` "' - ' ''''''" '.- • ';';'41t.;;....4.4 , t. . t-- ,... ... . „. 1' „ , . .. ‘. , `...-t:....ltr,..k.__...1, ...._:...,—,, •I'-"1 I d:t , - vq-4i— '' - j -r'r ” i zi... -'il :.1'''''' 4.' '"... -,.--.1:F;t:'?7 ,.** i ,,• ,I ry , , ' '4.:,,t,';...:" ..,,_,,,..."--...--„,..,.,,y-;,-.. N's — t — t,:ickiti 1 a ' . m..., ''• "-7 ' — ' --;- ,;,,, I; ',. 4s. _ • , ', 1,1'1;i: 1 1 .!. .... ..•••". i. ' . -.'-... s.-.1-..." 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Fire Place — 1 024 Y1/4re4 4 -, 5-7(0 1 .......... i b-- a ... - 7.- 1 Pool , Attic Porch Deck ,... 1. -.. , ( Patio Rooms 1st Floor Rooms 2nd Floor Driveway B,r-ee‘eay Ct.x...1k-lci 1\--C._ SQ lc"( 7.r,k'":\ ) 2-ige, Garage vo)<2_9t .21-(o 44- ,7 -- 3 14 ()_ - 6 6 1 9 ct s'.•--___ . e . a J��O� {{{{{MM,{l � ���.TOWN OF SOUTHOLD PROPERTY RECORD CARD ,,.�rr-� 1 �N #> - I — t : Q- Mc-42 4 OWNER STREET /(,,,,,10 VILLAGE DIST. " SUB. LOT �,r� of .." ,moo s k S.60,Sant I, et _k ate=: °- Rei £ 4 `Y: F t -a 1 a _ FORMEROWNER ?)asan , 4rX) N „� } E ACR. a ® a `aI . 24% —I I e, 1 cif (,Z. '5 : C., 2 'Tx(l t� Yet S pW� j =`' TYPE OF BUILDING , I RES. /0 SEAS. VL. FARM COMM.{ CB. ` st. yrMICS. Mkt. Value ✓5r# cc)ciAf' LAND IMP. TOTAL DATE REMARKS Q - g; gn 4:230 el p, c5,: e:..) (-) t 006 1 46 Ve6 - • 10 I I 4 rcvy (-Hi H t".)41 -,.--,G4 k 14-14'..-i r i 'slo© ,:o.. - ZZ 2-6 9/ 3 Sg 10(2 Pvc ss tc4ct E - ��o �- i4o !ZOO P"-- 2.6 OO g, a 3o go 13P77'70.5- llie lace,, L 7/ " ac I lieoz ' 3oo `l I 9Co. 4 al 9/ -,BP-:,-.05;01 "r' K.t s ,r i E`�c c~p �9 y - C. r....5.r....5. t�!''. . i l /n ^! c.0 mo..- ;41 5 CI) --be-F:Te2 ell I 7 y ,- 1-0 e'ff/i pi)67 (_v7.'S 0 c.,1;.,, rL11157(-4) p/3/9 --L 11/.O f F14— (1IP sdi 16:64,5 at i ` 's/D AM-L. Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD _ Meadowland 92.2- j p �2 q i ,-": ) DEPTH House Plot ,_ i LI_ ,;; _ J C ; BULKHEAD Total C . • /- . , r - __. • SCOHS - Ref.# RIO- -L5-013I Si STO C fraco/ / - (d�,' '/;79J \ L0T l N/0 We// /50,1. - / F N,/0/F (d''/••ll,n�, WOOD ON RETZpS a a W KIMON RETZOS " • Welt 1,9‘ °-kobr� C,f , ENE R•ETZOS 000ENE RETZT NA�AROS , 5k S. 82°35'40"E. LOT a S I • 1 4 TANASOv CO iist 4!4 79.x4';• 2/4.64' I eaO Wu /35.00' ., 42.5 . aq.. I 41• ---e - se/ M. 2sv �r I - Rsc Primp : ::c?, - N Se i5y , '6 o, - a'�oG.Z.on- nl >. y i5 N ti --,:N ,__;7";___________i4-6, N 3 L faGa.nT - ht., ® 'o cr� 24.3' _ 24" ' l-• V41 -.��woPa — Lc. ti ® OfF 7I44 a dP r e w aY –a 0 cr N / d Q GEORGE 1 Z w 0 METRopo��-oS L 7- ,3 J \\ I. w W �- p W 3 .,. / _ ii o o Zeit/ boring Z w a we:// f7unJV5 u Fiume > O - 0 3" Q 0 35 i snEa Z - a' • ® 11 la O cv O foam 0� dwe(11hg) "o _� 2 / Sand Z 1 tob cv N m I 2 9 ravel vel J. METROPOULOS fig' e c, 5 G. .. i P.0'! I heavy d,. i an.4 Ce. ai.o f� —t- gravel Nell y8�`' inch' '�/o•& Cr' x,. . a:.� Ind �•� 137.00 �,4 3 ..W j 25_,0 0 '1114'.. ' ' 4 /8 �� S 85° 3'00 1Q-18 • 421 . RIGHT OF RIWAY — -- NOWELL ESTATE N / 0/ F G. • ( vacant) . LOT NUMBERS REFER TO MINOR SUBDIVISION FOR K/MON a WOODENE RETZOS • AREA = 40 , 158 SQ, FT. SURVE'Y OF ELEVATIONS ARE REFERENCED �K r • ^�" TO AN ASSUMED DATUM, EAST The locations of wells and cesspools AT EA a7 T MARIOI,V • shownare from field observations TOWN OF SOUTH®LDand or from data obtained from others. I am familiar with the STANDARDS FOR APPROVAL `7 UFFOL Ie COON / , N Y ' AND CONSTRUCTION OF SUBSURFACE SEWAGE 1000, — 31 — 02 — 10.2 DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES Scale : 1/1 = 50° and will abide by the conditions sel forth therein and on the permit to construct. - OC t. 24, 1995 Oct. 7, 1996 (Final). Feb /2, 2003 (Prop 0..sv,o1.,t..D . aiycc,f3 0L.1),LA- ,. . , -0— ,/ t/V = - 5 • ; 1 or 212-Diita . ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION S T. OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, o�N MET.en o45 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONSFP I. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF / ;'.. N. ,.S. LIC. NO. 49678 SAID MAP OR COPIES BEAR THE IMPRES= SEAL OF THE SURVEYOR a4 �iv. . WHOSE SIGNATURE APPEARS HEREON. Ihrlr " 7 -,ONlc:- - u EY1R , P.C. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' ('14, 7F5 "''``'t52O MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY P. W -:\ OX9 619Q-y� OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND e 'BROUGHT-TO-DATE'ARE NOT IN COMPLIANCE WIT THE LAW. 123k-l `• i7. �'" i REST '' SOUTFIe 1 _A.. .- 11971 86-3.84 - FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 13, 2002 AMENDED: November 15, 2002 TO: Joseph Basani PO Box 321 East Marion,NY 11939 Tease take notice that your application dated November 12, 2002 For permit for additions and alterations to an existing single family dwelling at Location of property: 1672 Rocky Point Road, East Marion,NY County Tax Map No. 1000 - Section 31 Block 2 Lot 10.2 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a conforming building on a conforming 40,158 square foot parcel in R-40 District, is not permitted pursuant to Article IIIA Section 100-30A.3.,which states;. "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum front yard setback of fifty feet. The proposed addition is shown at 46 feet from the front yard line. Total lot covera:e followin: the .ro.osed addition would be a•: oxim. - : percent. • /elO Authoriz:d Signature This Notice of Disapproval was amended on November 15, 2002, to reflect changes made by the applicant. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA , i` • APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: Parcel Location: House No./47a. Street RcicIcj P7 2 f. - Hamlet 6:74-57 /14-P/oh) s.}pr SCTM 1000 Section 3 / Block Lot(s) /0.oL Lot Size eisi5�' Zone District R- 4-/d I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Novell b er 13) Acsoz Applicant/Qwner(s): ,S Mailing Address: p.o . 8oX Jia 1 LftST /-14-fl en-J /V f'} /l93 Telephone: (G31) y77- g--607 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone': Please� specify who you wish correspondence to be mailed to, from the above listed names: E 'Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED /1//Z/41 FOR: V� C�t'Buiiding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: - Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article' A - Section 100- 304.3 Subsection Type of Appeal. An Appeal is made for: _ 1 '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. Cl Interpretation of the Town Code, Article Section ' ❑Reversal or Other A prior,appeal C�7 has as not been made with respect to this property UNDER Appeal 3 No. ')`( Year 9 she A-150 z a° 4 rico �ffroved 7 �C1 C � s J • Page 2 of 3 - Appeal Application SSC_- 4-# 4 /1.4e4/ 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: (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: (3) The amount of relief requested is not substantial because:. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( i'es, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas,that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) 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 on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, pleas proceed to the signature and notary area below. - } Sign re Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) 1 ay of tJ °`� 200 IL (Notary b lc) ZBA App 9/30/02 SUSAN KOWALSKI Notary Public,State of NerYak No.4734102 Qualified in Suffolk County Commission Exp,r:s Nov.30,20 O • APPEAL APPLICATION Area Variance Reasons: An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted,because: I feel the character of the neighborhood has been established by many of the much larger homes in the immediate area.Since several of these homes have setbacks of much less than 50 ft,I don't believe my addition could possibly cause any detriment to any of my fellow homeowners. Il. The benefit sought,by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: Do to preexisting conditions on my property we are limited to build in the direction in question.We feel our design to be the bare minimum necessary to provide adequate space for our children's bedrooms,at the same time maintaining tasteful,flowing roof lines. Ill. The amount of relief requested is not substantial because: Although we have designed our addition to maintain a 52 ft setback from our property line an existing right of way creates a front yard situation.This right of way extends on to our property by 6 ft,giving us a 46 ft setback from said right of way.This setback only applies if the right of way is developed,since the adjoining property is owned by Suffolk county water Authority and preserved for water table use this development does not seem feasible. IV. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Our addition has been designed to face a very secluded section of Suffolk County Water Authorities property. Only a dirt road (right of way) separates our property from theirs.In addition to this we plan to build on a section of our property that forms a natural clearing, minimizing the need to clear foliage.This seems to me to be the most environmentally friendly situation. V. Additional info: The only comments I can make in addition,is that this right of way extends on to my property,creating a tough situation for my project. I feel however working together with the zoning board ofappeals,and the approval of my neighbors we can resolve this by granting my appeal. 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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: Z5—'g A X 2 Z . Square footage: /6,-6 s • 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 Nad use of new construction requested in this application: 5 Is in l•e rilli i p0-,eb, iv, IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): 6 FT- g o W. 0-t-) et Pry-e-Y4 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. • • • QUESTIONNAIRE , FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subjecpremises listed on the real estate market for sale? - ❑Yes E 'No B. Are there any/proposals to change or alter land contours? ❑Yes gNo C. 1)Are there any areas that contain wetland grasses? 0)O 2)Are the wetland areas shown on the map submitted with this application? 3)Is the property bulk headed between the wetlands area and the upland building area? 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /v/i' (If not applicable, state"n/a".) E. Are-there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? e-S (If none exist, please state "none") Few-6 (20,i vves4 eC F. Do you have any construction taking place at this time concerning your premises? IV ONe. If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. - G. Do you or any co-owner also own other land close to this parcel? - ND If yes,please explain where or submit copies of deeds. / H. Please list present use or operations conducted at this parcel S1'"�I� r�"j.r L de/6)6z,Prl i'rti/, - and proposed use Sq MC' 411111 • itHoz, Au 1 rize s e ignature and Date - i TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you 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 lI� , 0 /�� Mail to: Joe_ /�,.$�N! Disapproved a/c ( `� ,.p.O• X 3,2( Eksi Metai 035 _ Phone: 4 3() J J-�-oo 7 Expiration 20 , r I - Or �n_ r I t° t,� - Buildils spector NOV 1 2 . $ APPLICATION FOR BUILDING PERMIT TQC"et:i Date , 20 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,housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. `Sign" e of applicant or name,if a corporation) P.O, eo x 3,94 I E4-sr 1141e0„) //737 (Mailing address of applicant) State whether applicant is owner, lessee,,agent, architect, engineer, general contractor, electrician,plumber or builder OWNeP • • Name of owner of premises J o S 3 5 4-ps J i (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: /6742 2ock_l PT. k & 3T r1 �,c� 1U r . House Number Street Hamlet County Tax Map No. 1000 Section 3 l Block Lot /0 0 oZ- Subdivision Filed Map-No. ' Lot ' (Name) t 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy h eS i d err c 6 `j occ u f 4J o b. Intended use and occupancy �e5 I' e�Cc LI cc u P.¢wk's 3. Nature of work(check which applicable): New Building Addition Z. Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost # 70) 00 0 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units 3 Number of dwelling units on each floor 0 — 3 If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. i 7. Dimensions of existing structures, if any: Front 416•41 / Rear /C• / / Depth Z&/• 3 Height Number of Stories Z i.Dimensions of same structure with alterations or additions: Front 60 / Rear 0( / 0 Depth 2 41.3/ Height Number of Stories Z 8. Dimensions of entire new construction: Front Z 8 Rea' ZS- >'bepth ZZ Height Number of Stories Z / 9. Size of lot: Front /Z S Rear Z ft/. 6'1 Depth Z 6 c/. 33 10. Date of Purchase / 2/9 S Name of Former Owner b 4 UE-- tier/43, 11. Zone or use district in which premises are situated 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? YESNO 14. Names of Owner of premises Joe OftS/1/ I Address PA go K 3 .- 1 Phone No. 63(- '/7 7—A°O7 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 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 * 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: ,J COUNTY OF ) --ZOS e PA. (3 ti-s4-7\-/S' 1 , being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the O Wti-e , (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 this day of L1 20U"h._' / • ,rte/. _ A ,� . �(& ,,_..„' j _ I Notary Public / Signature of Applicant JOYCE M.WILKINS Notary Public,State of New York No.4952246,Suffolk County , Term Expires June 12. 2,0 d3 . Southold Town Board of Appeals -9-- June 13, 1985 Regular _Meetin.g _ . (Appeal -No-,--3344 -- -WE-LEN M-. - CONW-A-Y --cont-i nue-d:-) — - - substantial in relation to those generally::existing in th: area ; (2 ) there will be no effect , if the variance is allowed , of the increased population density thus produced on available governmental facilities ; (3 ) there , ' l1 be no substantial change to adjoining properties ; 4 ) in view of the manner in which the difficulty arose , a ► •they method for the applicant to pursue other than a var ' . nce is not feasible ; (5 ) in view of the manner in w • ich the difficulty arose and in consideration of all the ab•ve factors , the interests of justice will be served b allowing the variance , as noted below. Accordingly, on motion by ' r . Sawicki , seconded by Mr. Grigonis , it was RESOLVED , that the -elief requested under Appeal No . 3341 in the Matter pf - e Application of HELEN M . CONWAY for approval of the ' sufficient area of "Parcel 2" of 30 ,458 sq . ft. , lo width of 150 feet , and lot depth of 201 . 83 feet, BE ' D HEREBY IS APPROVED SUBJECT TO THE FOLLOWING COND ION : - Tha any and all construction must be in compliance 0 with th- setback requirements for the "A-40" zoning district (50 fent , 50 rear, 15 one side , 35 total side yards ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , ' oyen , Douglass and Sawicki . This resolution was adopted by .unanimous vote of all the members . PENDING DECISION : Appeal No . 3337 : - Application for KIMON AND WOODENE RETZOS , by R . W. Gillispie as agent , Main Road , Southold , NY for a Variance pursuant to New York Town Law , Section 280-a , for approval of access over private right- of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropoulos and over land of Nowell Estate , to premises identified as County Tax Map District 1000 , Sec- tion 31 , Block 2 , Lot 10 ; and more particularly Lots 2 and 3 of Minor Subdivision No . 81 (1973-Retzos ) . Following deliberations , the board made the following findings and determination : WHEREAS , a public hearing was held and concluded on May 2 , 1985 , in the Matter of the Application for KIMON AND WOODENE RETZOS under Southold Town Board of Appeals -10- June 13, 1985 Regular Meeting ti (Appeal No . 3337 - RETZOS , continued : ) Appeal No . 3337 , at which time no objections were received for the (:) record ; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , including the April 23 , 1985 Road Inspection Report No . 444 prepared by John W. Davis as requested by the Z . B. A. ; and WHEREAS , the board members are familiar with the property and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . The property to which applicant is requesting approval of access to is located in an "A-Residential and Agricultural " Zoning District and known and identified as Subdivision Lots #3 and #2 of Minor Subdivision No . 81 , approved by the Southold Town Planning Board during 1973 , and more particularly on the Suffolk County Tax Maps as District 1000 , Section 31 , Block 02 , part of Lot 10 . 2 . The right-of-way in question is located along the southerly side of land now or formerly of Metropoulos (1000-31 -2-13) commencing at a point at the east side of Rocky Point Road having a legal width as shown on survey dated November 23 , 1972 , and a traveled width of 12 feet , extending from Rocky Point Road in an east-west direction approximately 262 feet , and thence extends in a north-south direction for a length of approximately 280 feet , which has some depressions . 3. The right-of-way in question appears to have been used as a "haul road" to a former sand pit . Test holes show at least six inches of hard-packed sand, gravel and loam . At this time there does not appear to be any drainage problems . 4 . Submitted for the record is a copy of a deed at Liber 4703 cp 233 dated October 1 , 1959 from Nowell to West , the prede- cessor in title .In considering this application , the board has determined that the variance be granted as noted below since : (a ) this right-of-way appears to be the only ingress to and egress from appellant ' s properties and it is appellant ' s contention that this is the legal right-of-way to the premises of record ; (b ) the relief requested is not substantial ; (c ) there will be no sub- stantial change in the character of the neighborhood or substantial detriment to adjoining properties ; (d ) the circumstances of this appeal are unique and there is no other method feasible for appel - lants to pursue other than a variance ; (e ) in view of the manner in which the difficulty arose , justice will be served by allowing Southold Town Board of Appeals -11 - June 13 , 1985 Regular Meeting (Ap•peal No . 3337 - RETZOS, continued : ) f2) • the variance , as indicated below. Accordingly , on motion by Mr. Douglass , seconded by Mr . Goehringer , it was RESOLVED , to grant approval of access applied for under Appeal No . 3337 in the Matter of the Application for KIMON AND WOODENE RETZOS over the private right-of-way located on the east side of Rocky Point Road (described in #2 , supra) , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There shall be a minimum open and unobstructed access width within the legal right-of-way of 16 feet , improved as follows . 2 . Holes and depressions in the east-west length to be filled with bankrun gravel , sand and loam; and 3 . Widen road to 16 feet where necessary by removing topsoil for 8" and backfill with 8" of bankrun gravel , sand and loam; and 4 . Place a 3" crowned compacted top course of 3/4"-stone blend or crushed concrete (re-cycled concrete ) ; and 5 . An alternate method of construction after filling the V--) depressions would be to place 4" of crowned stone blend or crushed concrete on the existing surfaces for the 16-foot width ; and 6 . There shall be a clearance of 30 feet at turns for turnarounds ; and 7 . That this right-of-way shall be maintained at all times in good , satisfactory condition ; 8 . That all of these conditions be met prior to the issuance of any building permit or June 1 , 1988 , whichever shall be first , or this variance will be deemed void in its entirety , and additional application and updated reviews will be necessary automatically ; 9. That the grant of this variance does not become effective until all of the conditions set forth herein have been complied with and accepted by the town in writing and after written request for a final inspection and acceptance ; 10 . That the Zoning Board of Appeals may make any reasonable exception as in its judgment it deems appropriate under the circum- stances concerning the improvements of this right-of-way. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . I 31 � q a TOWN OF SOUTHOLD PROPERTY RECORD CARD 34- ` 000 -OWNER STREET /(„,'7 VILLAGE DIST. SUB. LOT ' ' 'r-i °4'1'911 il &San ' 1', k. es, 4. Fc i , +_FORMER OWNER - 46000N " E ACR. "ax bci• Ye.. `t S / W TYPE OF BUILDING , RES. /0 , SEAS. VL. FARM COMM. CB. MICS. Mkt. Value J , ?= Y,. •- LAND IMP. TOTAL DATE REMARKS Pjf- 1-. -r C et eec." r) ►Q5z� k E /e5/oIij n Y I-fr I H!�V 'VIA fb i ��,rrr , / 206 A-et /2®� �(// /a/2.</8e r0-4./A6 -1�..,, 1044{, r213..z - I -1- -5d- ,-__, T. ,, � rid ? 6 0 O 6 `'" © 8 > 7� �1 ) L��1 - 4 ¢_ 1 1 �', 7Y-‘,01:77_) r � / l.�© .fir y f � g7 �#� �� .- �- �- . � �.thvse..) /qo0 ' o / 840 J '5/?0 10( i3( c� 2i - gs2s �(1 o . I4Io© Boo P zZceD /2-4/9, 3ZSg -# 11;7(,2 f c -ss ctEC- A _:,2_ OO 1`I©o I20© p' 2400 Y 1//%. , 5 3o//a BP /47o,57 - epiacert., # tl,`/bz --- Li Ooz ..3c30, V21/96. 271/,23/q/ -,BP**•i Jc I e'o t -cc)r) -,i,. ic-vPhse-6-,--P-91. „:.Pne.dr_5 ri-crir - _ 67/a/99. - BP3-*-a o (os 1 ---CR e F.,1 ae rs /b76 a.. 4- / ?FC/2 "49105. - P- R(r, - c-or'' t± 9,e-ra rrli � e'/I;IV 6: (:tiC� )'� _ 17- -lle LI115 ! o -7Z. -- . '-r L r 40 0 ,no '6. L.. . g/ le --L 1/l.Or Flo— f l m scat t .646 ai)i- / JVs-_. Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD _ Meadowland . 922 r if 00 129 l ( ro ) DEPTH House Plot / L$ /2.„Z>:?-7 ,,.. j c:)- BULKHEAD Total J C • — • . ,33*` t. a i> . a'='T "_ 5. 4 I ;. ' .3 f 1 I to • , lc • • 1 yr - --:4--1 4i1E1- art-2'' ., Y.-,.ytC3 2 �`.11�.F'...�Lf SCS I. �:: II I . "" J l2-1-"k-C- i �,� -- --- --------- ?-5'yM ,y 114 i V (Q I 501-E4 (J j t..t 1 Le Cr,`A _.».4K Io. " (8(Cf(0 M. (31d �. Foundation Off- Bath ja- p �'' • Basement Floors Extension �, ..�,t �� , ' \abs, Extension Fxt. Walls etea. ,1n-k,g ' Interior Finish , Extension • �� L_� � �� � �, > Fire Place Heat 4c1:,•„ t, k-c 12 K ; �O - 1q2 i�� 1 t Porch Pool , Attic Deck e-1 --1 LO l" � � Patio Rooms 1st Floor 0,., -be •- • g, ay Ct...,tct k 6F� C Driveway Rooms 2nd Floor � � � Z14o ) Garage IoX29, , 1{-60 4 .75 3 LI s O. 64 7 /656 ..-1-- -' 407-x" (;/!_.1) . t - ..- - e evsons 06-II-96 1117-96 e�iA 12-09-96 , • -'1 1. O 01-19-97 4 M2(0 DR' \ 06-05-97 `� l MATCH 0 SEE ta.as a+ ,v I ,y, I° y ,- ♦ , f, OB-19-97° °6� �• 0 x - SEE SEC.NO.022 cat .4 ' III 'a 1 S6P a - �a01 11.20 1L23 g �"S(s MATCH ��LO4E a 1512 MATCH --Z-- 7 LINE , ® k 11.24 T T O W N R1.600 to zz* ov @ uo d 511 s 9Lg ya ox FOR PCL.NO. \ L .m �°" ® .. .P OP < p SEE SEC.N0. \ g y e - " +y0 '` e y $ 022-03-016.8 } / u,m m g - .y5P SL16 r6'fy g0 151, ' tr 0. ° ra ss a t1p �'+ v •�^ '��'. % 09-05-00 �. _ vw 591,, b 11.4 ® yy,�.'^�g m as y.O \ l'xo 14.3A(c) 1.2 g 'S1 ,� ,'3• I I-09-00 03. 'b NAPS- "' en : >n a 27 $ ti b o ry Y •S' u° g 6 159 g '{, 3A 2fi SSAtcI u, g 9• ti 01-23-01 § V.lJ iL16 P a °° 11.21® O yOP n\ 9 n '°'"s p 'E t,plcl 8 a. 03-20-01 ,g A5P a d °' ,•�c` 1117 g 11.5 „a a N $ 2r 's:'' 'd ° ,° y ,,. .! - 61 10 9 20PS e 5 6 i� EpSt M�SISFOGt 15OP 03 �. >s .. o h;8 3 s rL 'e p01, y ? 23 ri S 26 '' O ti0,u 52g 3,° J° '' '11.15 o 11.6 M1 g u' SgS0' 's °' • >s �4 uo �1 ¢, 935A LS g •LH 5g ,p+ � $ Q---- 'A 10' �,, oOs '� 11.7 g`D M �� 3PlctSo cf ° t2 p 31 6A1c12LSAlc15 ° LOAtc)., 3 4 a } yy ..p 10t d ' L - - • �`° ^ �� 11.14 llii�' 29 w ,ae ,as m 0}' o �ylV K^k.'Fi10.3 g Pw u. ° °',1�� ... MAINS.OAIcI� k ur 016.6 o_ Ix n ., _ ^A °' 's » je 'g 'mlvar.wldthln $� ro w �y+ '4�10.1 W H9 1113 8 Sys C 9 fb A P aS,O t BAPTIST aC1RCN e° t° 61 2 119p10 d;m s0.� 03I. a " m B m 9 9 11 0 6 15EasT nn ` 13 d .9 5 al 0 ° ?12 s 10$ Y50' SO so" r g 11 '°^ 2.SA 5.1 5 Lo1 $ ..m 11• °+ l ry ul ° ..5i'p 10.2 c +°1rp Splb is „ ,w v an14 '� Q>pay - 0 •ry e°Q o 3. 10 pG �' BS 6�6 4 a d SS,O ® t 1.lAfc) 3.9A(cl10.1 g ar• 0*'''' % 70., 111 * S°1pk° 9 -4y;N ao : /./'ka z.3A 7 B.aAlc1 '' 14 O- hg.•.. 4.5A1c1 v°P mf 1125 mO o $ @ �" >5 11 +^ L, co32.5 m1211�P as4 4N�a`• Q•'� $ 8 ° 5 ,6, to m 1�c? 22A 0 Oy am• fi o.440fr �➢ r 4.44.•15.6A S55p1a1 u®RE m0 Sygl 3 yvq•` 'r6 sV ':�'$ $ Ors.°° oU :�` 4y SOWN % 4sW40 s a N. EP y°p 9 0 la, sov--° ' 13 4.5T-. a Y8Aid,,. A'.a`. lieY °P' O 'S' O :'''','-''''' Lu 7,, YAu N 33z•1°o S FOR PCL N0. 191 a01 4' a 'A, 4' tOplc1 \ SSEE SEC.N0. St1 Q P P a •-030-03-013 a� •1 ,qiso, Yp� g y} WKII „. . m >s` 5.7 g ; -69� ' EAST uumNfl ,, '`i� /4,.. ,i,..„.. ,,an______ �L1A 19 y ° 10wE cDaTLRra. 3 y911A1a ..„, n L2A �' r► b �jtg 5.7 k /ice.% a1y `4\ - e4`i� wn / ® L2A 2yfir; - - m.yy ,,,N. Y2' ,.4.# . { ••t r $ 1 to9 �. G 9 m �Z�y°p o . a AA' I MARION LAKE 12 9 0o 5.6 g 5.s S 1.° $ c Q• ti d n / 1 - ;xd ,� ® ,> .o 4 Q- - yyy �'' ' '� ti m. 19.6A1e) 4Q°c5 a IP y. s 2.y a a 'D _' aao4a+. a _ x T uor OFSOUTHOLD ° ry $-' (Q� '"1N IP ., +g 9' '7b ,� ^ ' �� NNDERVATER UA'Ol \V - - #2.A. 1p�d �° 1.4P O\ ' Jo AI*�sQ 4 r %II?, 4. ,ta, $R'i•• "'.4"1\#/ .o coop =';%a 5.10 � 8 �ryti �! d2.1A B - 06 .lO aP yOp • .YA .d 6. .R..0 St 6 9 m 7.9A .y'l•'' oNii# `5°5.56\ $ 0p�� �''� 9 $• - +4441P 5.9 ? a ,,1.,,,:.,,,,,,,,::_,,,,1,,,, aS �vsy <a Ys jA , s.ry at 17 o 4e tr .p LM. ��` Edi ryh�L' tia Ps O _ x '' paby �J` $ 'Sc��� ¢ Y° yM1, \ I @ Ya498 �� 3 Lo ,. tt 4i 4 e * 9}a 'Fc >a. \./ .� ._ y o s tyro INSERT A ;, 0 0 0 ry?� $ $ y 1 6 MAR/ON LAKE 4,? t Q• SCALE 1'=10D' Z z 4 99 5ry\G $ b• ,.0 ew. ' /A $'y,.'3 d P ¢ � t7Y°1 J -5° c• as 1 a s 2Ata1 `�1. �' a} -9,,.. �` • it's,-„':. "c �° $ n, " 5 3 w, TOWN OF S011THOLD �. 6 �I a iiiq v 4 n •y ti (UNDEPAATER LBS 1 8 GSC` T�QQ\� o ._ '� ytip ^JN ��° L$p� �` $ •-tom. Lug'•` 9" 4 A' a 8is03 \J r 4• .� l$ .R: ry ops, e� •s y �� >�.�' n ,p 'l.y iyp, �; 5 g et° ,(P tb`'�• A sT w 10 C w N 331400 l '�',. 2.4A1c1 N of 200 w ''-7; %g ti,�OP rs a' © o a e° -4", 0 ~ m aF ,47 a a e• m. a•'1 16 44 a 50 9 ��hs ,. x c�y Da y4 ;�� w2 il,, iu O o-`� G ry} ay",R 4.. A Q ••• FTT` •Qrya' S} �. ry+s b .A. 4A;IF�F15r s 4 q,M ti 4 d'a I .a,,s:_�, • °w ` aav/bas 6'� ,P00m3 ,•fie : � "' ,1 t.s i+° �� 4y o S�a Baa Eo -t N330.Bao z OA d a ary6' r�®6+ ® 9 1.(4,<).4V.,,O 9 =, : 8 A 0 yry'41- .,,,, . MATCH _2�LINE /,4 $• _ toso $ SEE SEC.NO a 47 N 330.800 .036 m me :'44;87.::ii L Pr<Oxfy Q RE Urn SuL°Nebn let No. B>) Bbd IbI} -_- w • ,; E e. School Dlehkt Lire --SCH- RNvrt O &Lie --N-- UNLESS DRAWN OTHERWISE, ALL PROPERTIES _ Dentes Conan Omer -�- SbAVBim Bed.lDdg (21) ARE WITHIN THE FOLLOWING DISTRICTS, NOTICE , O E 0u °� • SOUTHOLD Foe Gehkt Lie --F-- Wow District lio --_R-_ D COUNTY OF SUFFOLK C G SwAwelon Lot Luo - Deed DLiemlm c Sock M. SCHOOL 2 SE71ER HO MAINTENANCE,A .' { ' d�°p- K MN DF SECTION NO •` E tate qet kt Luo --t-- Natabo D m kY Leo -HST-- FIRE 26 E ALTERATION,SALE OR N Strom/Dere --`-'"--•••• ` Bose Dmm°m m cant'Li° -- -_ - lie p°� DISTRIBUTION OF ANY PORTION OF THE Real Property Tax Service Agency Y VLLA�a - ... - �,� .......... 1zs*co or 1z.in 1",°91.... u.. --- Pte. 'LA. P- ldaw.oe ol.t,kt A PRT SS LOUSE SUFFOLK COUNTY TAX MAP IS PROHIBI7E0 oa County Center Riverhead,N Y 119019Dao •Line 1 _....,,•.z-r.. .u- ...,...�= 2 Y;'=�:...�...,cc. -3.-.�,.: �.._. �--.�- - .J--�r_.- `�sn.r»r _......�.n.�-r - Wasrt'Anil '."n �W.�e,.., o� SCALE R7 FEET' M 1 i.... .-. 71E - 132 , I - 9- DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 4004: Application of DAVID J. VERITY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory (garage and shed) buildings in areas other than the required rear yard. Location of Property: 1673 Right-of- () Way located off the easterly side of Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-31-02-010.002. WHEREAS, a public hearing was held on February 22, 1991, at which time all those who desired to be heard were heard, and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Rocky Point Road, East Marion, Town of Southold, and is referred to as Lot 3 on the Minor Subdivision Map for Kimon and Woodene Retzos. 2. The subject premises contains a total lot area of 40,000 square feet and is improved with a 16.6 ft x 29 ft. nonhabitable garage structure and unhabitable 8.2 ft. x 16.2 ft. storage shed. At the present time, no dwelling exists on this lot, although a previous building permit (#15834) was issued for a new dwelling but has since expired. y -10- (12) Appl. No. 4004 Matter of DAVID J. VERITY Decision Rendered March 8, 1991 3 . The accessory storage buildings, which are both the subject of this appeal application, are located 7.1 feet and 35.3 feet respectively from the westerly property line, and more particularly shown on the survey updated March 28, 1990 prepared by Peconic Surveyors. 4. Article III-A, Section 100-30A.4 from the R-40 District provisions of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. This provision also did require accessory buildings to be set back not less than 20 feet from any lot line at the time of the filing of this application; however, this provision was amended by Local Law #2-1991 (effective 3/2/91) requiring not less than 10 feet from any lot line, for lots containing from 40,000 to 79,999 sq. ft. in area. (E) 5. It is the position of the board that the location requested is not unreasonable and it that area which would normally be deemed a rear yard if a new principal dwelling structure were located as required by code (similar to that applied for under Permit No. 15834Z, which has since expired) . Also, there is no alternative location to place the accessory building in any other yard area at this time without a variance. 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land and are not personal to the landowner; (b) that there is no other method feasible for appellants to pursue other than a variance; (c) that the area chosen for the accessory structure is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. f -11- 0 . Appl. No. 4004 Matter of DAVID J. VERITY Decision Rendered March 8, 1991 Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the Matter of the Application of DAVID J. VERITY as applied under Appeal No. 4004 for the placement of the accessory buildings, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory buildings remain in their present position; 2. That the subject accessory buildings not be relocated (except in the required rear yard) , converted or increased in size and as an accessory building not be used for habitable, sleeping or business purposes; 3. That there be no plumbing and no electrical facilities; 4. That the accessory buildings be used for accessory storage purposes only. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa, consisting of the entire board. This resolution was duly adopted . * * * SCDHS Ref.# RIO- 95-0/31 N 5T Q / vacor?f ) (o'wel/,/• 79 J LOT 1 we// '50,-r NCO/ F • N/O/F KI MON (d ••-111,19) KIMON RETZOS a RETZOS vie' o� �aKncv,nC.9-O WOODEN£ RETZOS a WOODENE RETZOS N/ 0/ F , Y S. 82 LOT 2 Ai A R OS °3540"E L A as. TAN S Ov It 41.4 79.64' 2 I4. 6 4 <9,0 � I a _ €42.3 0 135.00• 41 se,/ 1 shed--M { " ,-,I1 , _ • __ - to ,31.- ___ 2S/y !r � fro I o ns,c P ' O I Sr 1�� .m 4p «oG, •on • 4' I N )- (\i M1v ' �v., . .9 N q y o tl d 4-G N 3 d/17 ) --11:5"-1 ,.P 15 II N 24.3 24' N L . L f p G !s s -�—� CiOP« 77.7• lIi ti i t cl dP�e e vv a - r: I T Q GEORGE \, 00 METRoPoULos LIT 3 \v CC. ,- o41 // w Q 0 7e.S-/ boric?o St \\ k 3 2 p 0 � 3 �\ ham 05 Z — -_ well 3 I . 0` 3 cri Z u-' 0 we 0 • O 35 3ca la O N /oam 0 — N 2 �N � a. � dwell") O Q Vu- Saila. Z 0. N o •4 0 }' O N O/ F / - Z hl z grave/ 1 Y N I v� ,I5 1, METRoPOULOS 45' G.P 0'---- I I hea,;Y CC i.. _ - - 9ra1vC�/ t nd r w ' Pa,a 335 0 25 ,C>0 l;� 137.00 _ S1 85° `) W I c T1s {P,n 40.302q' RIGHT OF WA .. -- N / 0/ F GiS NL ESTATE . va c anOWf ELJ LOT NUMBERS REFER TO MINOR ' • SUBDIVISION FOR KIM ON a WOODENE RETZOS AREA a 40 , 158 SQ, FT. SURVEY OF ELEVATIONS ARE REFERENCED PROPERTY TO AN ASSUMED DATUM, The locations of wells and cesspools AT EAST MARION shown hereon are from field observations ® TOWN OF SOUTHOLD and or from data obtained from others. ^ /L v I am familiar with the STANDARDS FOR APPROVAL SUFFOLK COUNTY, / . AND CONSTRUCTION OF SUBSURFACE SEWAGE 1000 - 31 - 02 - 10.2 DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES Scale : 1" = 50' and will abide by the conditions set forth therein and on the permit to construct. Oct. 24, 1995 Oct. 7, 1996 (Final). Feb i 2003 (Prop as-o4.. 7i-3 . ` ( ___CD ' 0 3 Z 6\ . ,&y<3N k i- 0 NEw ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLATION 4+.a y& � * `� OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS / / �pie- „.A N'• . LIC. NO. 496/8 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF ei / �'ri i SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR Z .:a _Z) ” WHOSE SIGNATURE APPEARS HEREON. • 'EC o %I,' , 4S /7. " ,,,4 ' •,. P.C. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM ALTERED BY' (5/6) .6D-t:.j e MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY P. O. 90 •'" OF ANOTHER SURVEYORS MAP. TERMS SUCH AS 'INSPECTED' AND 1230 TRA VEL ER S TREE T 'BROUGHT-TO-DATE' ARE NOT IN COMPLIANCE WITH THE LAW. SOUTHOLD, N.Y. 1197/ i 1 86-384 . �-..1 D l+ `YI y ,1 APPEALS BOARD MEMBERS �,iii®$UFFO`,rea , ��'�O�' ®G Southold Town Hall Lydia A. Tortora, Chairwoman '�c ` . y� 53095 Main Road Gerard P. Goehringer % y Z ; P.O. Box 1179 George Homing :11 �• ��$ Southold,New York 11971-0959 ji9s,) Ruth D. Oliva ?j0 a0 i� ZBA Fax(631)765-906 06.... Vincent Orlando - 1 �;�'' Telephone(631)765-1809 "'��� I http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD March 27 ,2003 Mr. Joseph Basani P. O. Box 321 East Marion, NY 11939 RE: Application #5269- Variance Name: Basani Dear Mr. Basani: Enclosed please find a copy of the Board's determination regarding the above- noted application for a zoning variance. Please be sure to follow-up with the Building Department for the next step in the zoning review and application process. Before commencing construction activities, a building permit and possibly other agency approvals are necessary. An extra copy of this determination should be made available (if requested) at the Building Department when submitting final drawings and any other required documentation. This will assist their office during final reviews. Thank you. Very truly yours, /pq Paula Quintieri Enc. _ CC: delivered to: Building Department f r APPEALS BOARD MEMBERS '- �,��'11/4,, �,�►C' • 4�' OGy• Southold Town Hall Lydia A. Tortora, Chairwoman 53095 Main Road Gerard P. Goehringer t CO Z , P.O. Box 1179 _ George Horning ;O .F��� Southold,New York 11971-0959 Ruth D. Oliva = �lJ� aOA.�i�� ZBA Fax(631)765-9064 Vincent Orlando Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 12, 2003 Appl. No. 5269— GEORGE BASANI. Property Location: 1672 Rocky Point Road, East Marion 1000-31-2-10.2 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 40,158 sq. ft. parcel is located on the south side of Fanning Road in New Suffolk and is improved with a two-story frame house and detached garage and shed structures as shown on the survey prepared by Peconic Surveyors, P.C. dated October 24, 1995, amended February 19, 2003. BASIS OF APPLICATION: Building Department's November 13, 2002 Notice of Disapproval denying a permit under Section 100-30A.3 to construct additions/alterations at less than 50 feet from the front property line FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003, which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 22 ft. by 24 ft. addition at the east side of the dwelling at 46 ft. from a right-of-way easement, as shown on the survey map amended February 19, 2003 prepared by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The granting of this variance will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties, because the applicant seeks to construct an addition to his principal building in proportion to the existing structure, and as an improvement to his property without being a detriment to any other properties. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance, because the applicant seeks to build an addition to an existing single family dwelling located on a parcel that has two front A J r Page 2—March 12, 2003 Appl. No. 5269—J. Basani 31-2-10.2 at East Marion yards. The property is bounded on two sides by a semi-improved right of way. The proposed addition will be +- 46 feet from the right-of-way, instead of the minimum 50 feet required by Town Code. 3. The requested variance is not substantial because the encroachment toward the right of way represents an approximate eight percent reduction from the code requirement. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district, The applicant will retain a setback in excess of one hundred fifty feet from the other common boundary with the right- of-way, and which defines the other front yard on this parcel. The new construction will not disturb the environment, except for the ground area for the foundation in the immediate construction area. There are no wetlands on this property, and the property has high elevations above mean sea level. 5. The difficulty for the applicant is not self-created, and is due to the fact that there are two front yards. 6. The relief offered to this applicant is the minimum determined necessary for this applicant to enjoy the benefit of an addition to the dwelling, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Goehringer, and duly carried, to GRANT the Variance as applied for and shown on the plan prepared by Peconic Surveyors, P.C. amended February 19, 2003. 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_Gode,_other_than_such-uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, and Orlando. (Member Oliva was absent due to illness; also absent was Member Horning of Fishers Island.) This Resolution was duly adopted (3-0). Lydia A. ora, Chairwoman —Approved for Filing 3/d /03 r-, --, f ` +A, ,. , ., • , .4. ,,.... : , .... .i.• , . , .... . CA•,, ,V tr,.., , , ' t . I. .. ' a ° .,�c1 ,1r` i l � �I � / ai 1� 1. ' l . I I ' 6 I, . , ,,,„,.. . . � N ' .- id ;;. i i . f.,;44'' At i .' YuU fa , , ' . l . ifR . -t;', ..,1 • i .� F • 1 : 1 • �--•:,sFe...._ .,..�.a:?, r;'rte {. '^"+.x''1"0.,.- - , < „/}•a f=�'....,,r.-3,;_., ,.,,' 4. -• _-.. t `'"k � j---yl u `s' _ r 7. s 7 4i� -. -r _w d~ '•.:i 74 ...fir .y - r '„ t .r.,yjy`• ., .,. •„.........! . ,.. e„� , : .. . 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I }'"+4� r '# i 4 1 14 __ # T A f Mme{, , , �, t . . „4, p - r _____. ,.. ,1 ,w tl • a rh+ + -: - t• {�l' i ' 1' "i i ,}. :-'. • a?� ,' k .,,....,'',,17.,.: ', a ill • C.{. ,.. 1. '� - 1, ..� :* ' : `"_ #- , -��_ .� Imo• ii a - Y. I Ir !, P R •*k.n i r .a-G ,- k 4K , a 7:':- -i � k a.c :, .may, _ 7. �..;- • ' ' "4 ^,^:""qu - a `"" J \ / . HS Rel# RIO- 95-0/3/ = . N sr til , , LOT I ye/1 iSo'/79 J 1 ' j ,, I • 1', .,, N/0 ' I _\ ' 43 /1 d„r..11,nq) KIMON RE„ a d/O/:D: 0NREz:s 1iwe,! ` OWDEEI • N A • OA OS ' silt S. 82°35'40.. I LOT 2 i E L N A S Ov u ;/4 79.54 - • • 214. -:r, • ?A e,,RO �\ x.60 135.00•. 64' - f42.5 ., Vi ` 418 se/ • . I a, ` 0J l) . I rte i !r. �` she 'M ie• ,r'e h I r -_ o� Zy 17„ ;20 I �� { _- 4 sr 15 • Ntin. x-0.4• - ' N �•. ,./. 6.r ") I N Q ,' 1 I ''\,*,. L4 ZZ LfQGanf) 1 �v i5P0�•' X 24.3wad T.7• DC7 7.e? i--1 ' ® N / 0/ F T� ea a-�__ ol- ' �, 1-. ORGE I � GE 0S � � x t`�%s 0 METROPOUL s- L . 7- 3 \-,\ 0 to 3 .� w e o /es/ baring Z -- • a ar ive/l 3 2 L ham os o „ Z w ,, flume o I vi O 3' > p 3s f 4 la - N /oath CL dy,,cll,�qi .o .� ,� . 0 b a \ sa0d Z o� I N �• 0 o I " k''' 7411/ 0 . r._ -'t \ • . gravel Y METROPOULOS ,�' t ° I vj 5 �O G.P.O'— ` 'h , heavy 40.4 grave/ 41 0 I —� ].N Well ygitJ fern �„de-�• 2S.00 sfK /8 ' "`,-- �� 137.00 - s 815° 33 00" W• 1 4 40_1a . ; �. 140.90 T D F WAY ,•;�. I - - --- 1 2 q RIGH : -- -— ;._ �- �- ESTATE �� G. S. NOWELL N / O�� F � vacant`J LOT NUMBERS REFER TO MINOR SUBDIVISION FOR KIMON a , W00DENE RETZOS • it REA a 40, 158 SQ, FT. SURVEY OF 4 F ELEVATIONS ARE REFERENCED ,a TO AN ASSUMED DATUM. / PROPERTY *~ The locations of wells and cesspools /q T EA S T MARION ..i:-;,; shown hereon ore from Held observations and or from data obtained from others. TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. l'•am familiar with the STANDARDS FOR APPROVAL ' '' AND CONSTRUCTION OF SUBSURFACE SEWAGE 1000 - 31 - 02 - 10.2 ,,, DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES Scale : 1" = 50 r ,4s and will abide by the conditions set forth therein and on the • " i_" permit to construct. 1 Oct. 24, 1995 • °_: Oct. 7, 1996 /Final/. fe b \C) ' __.„ , /)// G\ ..- \ M1-1. S�'' fro T. „ . C Ill 1p'r ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLA TION ' qr lrlf; OF SECTION 7209 OF THE NEW YORK STATE EDUCA TION LAW C ,� D 'l ' , s:.EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERT!FICA�TIONS . . I�` '' : .Y.S LIC. NO. 496/8 ' :•;.t- ffEDN ARE VAL/D FOR T/�S M.4P AND OP/ES THEREOF ONLY /F :, .4itr.. SAID MAP OR COPIES BEAR THE*PRESSED SEAL OF THE SURVEYOR . %r y ,rliMpe:rg. ORS P.C. • ;_il WHOSE SIGNATURE APPEARS MEREOK �'�"'.r��� ! ; ' ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' ' P• . ��,,,,9 • '" MUST BE USED BY ANY AND ALL SURVEYORS UTILIZVG A COPY . 'ii o0 Or ANOTHER SURVEYOR'S MAP. TERMS SUCH.48 'INSPECTED' AND BROUGHT-TO-DATE"ARE NOT W COMPLIANCE N7 1230 7' 4 ELER STREET ''t TH THE LAW. ��;, SOUTHOLD, N.Y. 11971 ' '' kq 86-3134. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subjec/'remises listed on the real estate market for sale? ❑Yes VNo B. Are there an proposals to change or alter land contours? 0 Yes gNo C. 1)Are there any areas that contain wetland grasses? iJO 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A// (If not applicable, state"n/a") E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? €5 (If none exist, please state "none") Fe0e6 crJ wes4 edT p� F. Do you have any construction taking place at this time concerning your premises? OV 0hle If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? Nd If yes, please explain where or submit copies of deeds �j I H. Please list present use or operations conducted at this parcel 5.`41,j If ��wj r� �C.I)'e i'r✓ and proposed use Sq Me 04, Au erizese ignature and Date APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics piohibits 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: e/15 I -Tos eP4. (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 / YES NO V 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 day of Signature: - Print Name: - . I. ,--- A,I,c,ee /4) s I__ JOSEPH BASANI 1672 Rocky Point Road P.O. Box 321 East Marion,NY 11939 lome-(631)477-2007 Cell-(516)429-0773 Send to: Southold Town Board of Appeals From:Joseph Basani Date:Nov 18,2002 Office Location: Sloan Residence Shelter Island NY Phone Number: (631)749-2523 Fax Number: (631)749-2533 ❑ Please review I Total pages,including cover: 85 Comments: Dear Sir or Madame, Enclosed is our application for a zone variance,your soonest and utmost attention to this matter would be greatly appreciated. Thank you. I Town Of Southold 1 P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/18/02 Receipt#: 2415 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 2415 Total Paid: $150.00 Name: Basani, Joseph James 1672 Rocky Pt. Rd. East Marion, NY 11939 Clerk ID: LINDAC Internal ID:64154 a, ® FORM NO. 3 J TOWN OF SOUTHOLD dde( -7/0 1/ BUILDING DEPARTMENT ' ! SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 13, 2002 AMENDED: November 15, 2002 TO: Joseph Basani PO Box 321 East Marion,NY 11939 Please take notice that your application dated November 12, 2002 For permit for additions and alterations to an existing single family dwelling at Location of property: 1672 Rocky Point Road, East Marion,NY County Tax Map No. 1000 - Section 31 Block 2 Lot 10.2 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a conforming building on a conforming 40,158 square foot parcel in R-40 District, is not permitted pursuant to Article IIIA Section 100-30A.3.,which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum front yard setback of fifty feet. The proposed addition is shown at r� 46 feet from the front yard line. Total lot covera:e followin: the fro s osed addition would b- : ..roximatel A percent. /4 e ' Autho= -. Signature This Notice of Disapproval was amended on November 15, 2002, to reflect changes made by the applicant. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA Oilsa PPc..ur FORM NO. 3 ci,=40-14) cat s. TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 13, 2002 TO: Joseph Basani PO Box 321 12/ret-G-14-42 East Marion,NY 11939 Please take notice that your application dated November 12, 2002 For permit for additions and alterations to an existing single family dwelling at Location of property: 1672 Rocky Point Road, East Marion,NY County Tax Map No. 1000 - Section 31 Block 2 Lot 10.2 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a conforming building on a conforming 40,158 square foot parcel in R-40 District, is not permitted pursuant to Article IIIA Section 100-30A.3., which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum front yard setback of fifty feet. The proposed addition is shown at .8 feet from the front yard line. Total lot coverage, following the proposed addition, would be approximately 5 percent. tho:411.7 ture Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA TOWN OF SOUTHOLD BUILDING 7-1VIIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do y__-ave 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 ,20X Contact: Approved j(Ath-r. , 0 - Mail to: SGL. /_$9N, Disapproved a/c /ox 3.2( E-4-5T/ &9 '-J `/73 Phone: (�3()..'x'77-xo 7 Expiration AK ,20 ,Oppr tin Buildis _ pector NOV 2 '' '' E ' sAPPLICATION FOR BUILDING PERMIT } Date , 20 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,housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. /Si:.7 e of applicant or name,if a corporation) Po, &x 3aI F4-sr ,i4ei01-) //939 (Mailing address of applicant) • State whether applicant is owner, lessee, agent, architect, engineer; general contractor, electrician,plumber or builder owN • Name of owner of premises J oS e4v. tj �j45,¢rJ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 16702 2ocky PT. P1A- 4N:► . House Number Street Hamlet County Tax Map No. 1000 Section 3 1 Block Lot /00 02- Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy or premises and intended use and occupank of proposed construction: , a. Existing use and occupancy gPS► C!.e c6.--- q occ b e 4"S • b. Intended use and occupancy S Co?e c Z/ occur i. 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost < 7O 0 O 0 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units 3 Number of dwelling units on each floor 0 — 3 If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. i 7. Dimensions of existing structures, if any: Front 116.L/ / Rear Z/O• / / Depth 2`-/, 3 Height Number of Stories ( 2. Dimensions of same structure with alterations or additions:'Front 6( / Rear ‘ / Depth Z61,3/ Height ' Number of Stories a / 8. Dimensions of entire new construction: Front 25-`8"Rear Z CS-4/Depth Z Height Number of Stories -- 9. Size of lot: Front 1Z S Rear Z f q• 6 Ll Depth Z 6 4/. 33 yy - 10. Date of Purchase I 2b4UE UP-(,7 �9 S Name of Former Owner �i 11. Zone or use district in which premises are situated 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 V NO 14. Names of Owner of premises JOe e 1 h- ► Address PA 2.0 X 3 I Phone No. 631- 4/7 7—g 00 7 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 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 * 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: ,J COUNTY OF ) _ os e PGt Ott S4 i being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the O byN-e a \ (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this _ day of `.1 20-).__. Ilb,A., 1 .k_.A.A.A.-1 , • (30.X)-et"—' ,_ , if 'Notary Public / S Signature of Applicant JOYCE M.WILKINS -Notary Public,State of New York No.4952246,Suffolk County • Term Expires June 12, 0 03 ' IV" Page 8 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing 10:05 am No. 5269—JOSEPH BASANI. This is a request for a Variance under Section 100- 30A.3,based on the Building Department's November 13, 2002 Notice of Disapproval, amended November 15, 2002. The basis of the Notice of Disapproval is that additions and alterations are proposed which do,not meet the minimum front setback of 50 feet. Location of Property: 1672 Rocky Point Road, East Marion; Parcel 1000-31-2-10.2. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? JOSEPH BASANI: Good morning, I'm Joseph Basani. I've owned the property since 1995- 1996. It was an accessory structure that I've converted to a single family dwelling. My family has increased in size so we decided we needed to put an addition on. Now because of certain conditions around the home we felt that building in an easterly direction was the way to go so my wife and I designed this addition ourselves we called the Building Dept. and asked for a front yard setback they told us 50'. We designed it 52'back from our property line and after we got our drawings approved by an engineer we found out there's a ROW on the property. I should have been from the ROW. Now we already incurred these costs so we felt comfortable with the size of the addition to be the minimum that we require for adequate bedrooms for the children so we thought we would try to go ahead with the addition as drawn and see if there was any problems with it. CHAIRWOMAN: The ROW would bring it we are looking at a 24' ROW correct? MR. BASANI: It's a 24'ROW which is a by-road that I live on. CHAIRWOMAN: That's about 6'into your property line? MR. BASANI: There's an additional 6' which makes it a 30'ROW overall. CHAIRWOMAN: The BD measured that from the ROW rather than your property line so when you designed it at 52' it came in 6' short which knocks it down to 46. Is that the long and short of it? MR. BASANI: Now the 4' I'm encroaching I'd like to say that 2' of it is chimney space so it's only 2' of living space and since it's 2 stories, it's about 88 sq. ft. of living space we are talking. CHAIRWOMAN: The size of the addition on your plans I have the survey says 24x22, the plans say 25.8x22. Should we go off that? MR. BASANI: 24x22 is the foundation. The 25.8 is to the outside of the chimney. 25.8 becomes 46' from the ROW. CHAIRWOMAN: We should take the 25.8. I don't have any questions. It appears this is unpaved ROW that comes off of the east side of Rocky Point Road and has prior approval from Page 8 of 63 Page9 S February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing the Zoning Board of Appeals for access. The property across the street from the ROW on the west is owned by SCWA. MR. BASANI: The east side of the property is 35 acres SCWA. CHAIRWOMAN:--It's all open right now. MR. BASANI: They are currently servicing I believe Orient and East Marion from the wells in existence right now. MEMBER GOEHRINGER: The 6'ROW, what is that for actually? MR. BASANI: I don't know what it's for. I asked the surveyor I was down at Peconic Surveyors I was talking to John I said what is this for. The only thing they could tell me was that if that road was ever paved I guess a 6'ROW on my property would be for sidewalk or utilities or I don't really know what it would be for. MEMBER GOEHRINGER: We see these all the time,unfortunately it cropped up on you. I have no objection.' MEMBER HORNING: I have no objections or questions. MEMBER OLIVA: I went to look at it and I did not see a big problem with it and with that extra 6'you are really stuck. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** Page 9 of 63 . - 9NI1 O 11OO 1V aloa'SS91100V NM-lad 9N1 QO e' ziVii i' -•1!• i ION 11-19i i 3H1O13dOl3AN3 dO dal IV H3)iOi1S 33V1d c ,'Ill''Complete items 1,2,and 3.Also complete A. Sire item 4 if Restricted Delivery is desired. / -� 0 Agent • Print your name and address on the reverse X / 0 Addressee so that we can return the card to you. III B. Received by( ■ Attach this card to the back of the mailpiece, �( '1 nnte/�//d Marne) C Date of Delivery �arr or on the front if space permits. P V t fC A-b'4.- D. Is delivery address different from item 19 0 Yes 1 Article Addressed to 3 i— a. — 302.5 If YES,enter delivery address below. 0 No SU-2c0 I K e&i war 3 Service Type L10 C//od 5UN rI S r 14tv - ❑Certified Mad 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise Ct. -Km-(e rU f.�f 1 t-7 9-Q 9G I ❑ Insured Mail 0 COD. 4. Restricted Delivery (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7001 1940 0004 4364 5459 IPS Form 3811,,,August 2001 Domestic Return Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 1 11 11 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 7ge 84-3410 ). P.O 60-x 3d- ( _ -x-57 04e ( A. 1193, . I,,,I1,,,III,f,,,,u f„I,,,If ur lAOO.:--.HliOl 3dO13AN3 jO w. ► 1 I:: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. r r _,❑,`gent • Print your name and address on the reverse x dii A .i Addressee so that we can return the card to you. B. R-ceived by(Pri ted Name) C. '.te of,Delivery • Attach this card to the back of the mailpiece, I, 1 0 63 or on the front if space permits. L:;_. * A 1. Article Addressed to: 2 — — 0.3D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: I'l"o M r i ir5 AJorr-t*) Re ick_ 167C PDGF, P ". q-.fr03 N'Q� \ 3. Service Type e-45-r- M V- ❑Certified Mail 0 Express Mail l 0 Registered 0 Return Receipt for Merchandise /0 39 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number '1 (transfer from service label) 7001 1940 0004 4364 5480 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender:-Please print your name, address, and ZIP+4 in this box • r 84'S 410 1 �,9-sT ",fiP i a70 119-37 :1101111:11011114:•1► �:' OMPLE. • ¶ - < < COMPLETE Th 15 SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. / 1:1 Agent • Print your name and address on the reverse X ` /U`,' g'` � ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C Date of Delivery • Attach this card to the back of the mailpiece, —jO or on the front if space permits. 6 ) D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: 31—— A2— If YES,enter delivery address below: 0 No Mr- I"1ic4/4e ( fboccio Po . (boy 7 3'Service Type OrceK7h ^ 1€w 1��(k 0 Certified Mail 0 Express Mail Jv I ❑ Registered ❑ Return Receipt for Merchandise 1161 I / 5 7 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number I - - (Transferfromservicelabel)l 7001 1,940 ,0004 4364 5466 PS Form 3811,August 2001 , Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • P o 0 ?<. 30- 1 4-57- of-end, iii_ . 1( ? 3` . „dI:Uill!Iu,Jid,I„I,..0 .. _ AVId3Hl013•o IN3 JO dOlWI1 - - 1 . 'E COMPLE E THIS ON —c.nv,rCc f i Frit SECTf'O • -DELVE: a Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ( ❑Agent • Print your name and address on the reverse ,� �' ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C D e of D 'very II Attach this card to the back of the mailpiece, �� ©� or on the front if space permits. 1. Article Addressed to: 3 — 2 —/Qo / D. Is delivery address different from item 1 ❑Y s If YES,enter delivery address below: 0 o N C0--4eo5 fees L dA, wood erJe -t K,tiowe e-(-z 0 5 3. Service Type ,.p� // 0 Certified Mail 0 Express Mail }/ / I S/ /4(3 STree� ❑ Registered 0 Return Receipt for Merchandise S)4-1 j`� II � //� 7 0 Insured Mail 0 C.O.D. r 1/t ('WOOGI ( ( /( /35 4 Restricted Delivery?(Extra Fee) 0 Yes 2 Article Number (Transfer from service label) 7001 1940 0004 4364 54T? '; PS Form 3811,August 2001 , Domestic Return Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail I 11 11 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • p. O. 0d,( 3 .- 1 L= am !''��-+�l o� /"v_ I /19,3 j _ I.E":COMPLETE THIS SECTIONw:d14r411NEWIAercCrcC.TI.J411Yia:1Y ■ Complete items 1,2,and 3.Also complete A Sign,re item 4 if Restricted Delivery is desired. X , CI Agent ■ Print your name and address on the reverse � `�,_ CI Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. ASO /`l- o 3 D Is delivery address different from item 1? CIYes 1. Article Addressed to' 3 I- a- I I If YES,enter delivery address below: ❑ No Mr. 1-4z 4(.05 � A-sou POleeDXrg',5- 3. Service Type Z--,51-5-r- DCIA) Al.�. CI Certified Mail ❑ Express Mail i-1/1-IC q CI Registered 0 Return Receipt for Merchandise I ( � ❑ Insured Mail El C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2 Article Number (T 7001 1940 0004 4364 5473 l (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • P. O . Pox 3 I z /fs--[-- M/ /°,\J /v- //9`37 ..1HIU 3H1.013dO13AN3 de.0'=Flo . .-E 1 I ': CO r '. COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si n t re item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse 139_, 0 Addressee so that we can return the card to you. B. Received by(Printed Name))----• C Date of Delivery ® Attach this card to the back of the mailpiece, . A. or on the front if space permits. r9 �:, 1. Article Addressed to: /3 D. Is delivery address d from ltg ?,�'❑Yes 3 If YES,enter delive ress 139.10 : 0 No qq 4� •j iJ `0�• ti r. E1- t' Geor51gtceS, '.., ,F �' /, 57 —05 sY 5-i-ree 3. Service Type 0 Certified Mail 0 Express Mail r/ M 5-/- (-� 12^7 ❑ Registered ❑ Return Receipt for Merchandise G G /" J / 0 Insured Mail ❑ C.O.D. 4. Restricted Delivery (Extra Fee) 0 Yes 2. Article Number 700194 0004 4364 .541,1 1 ], (Transfer,from service label) - j PS Form 3811,August 2001 , Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • 8 s 4-, ,. Po 60 ,E c9.- ( E-7i5T- /--)A-f) 1 0 k,) iv- v. //?3 . iwii►,;i l.1„,:ii:i,i,:imii . v•• • Dub 3 ZONING BOARD OF APPEALS - TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of �,_ I AFFIDAVIT eft_ yI '" I 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, -J Sef1 &S4- residing at /67' - Pac_4(7 /'o,`)A-- MA"KI1J , New York, being duly sworn, depose and say that: On the /O day of Fe10 , 200,3 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 dat4 hich h ring a was shown to be 4 (Signature) Sworn to before me this ad day of , 2003. LYNpA M. YM BORN � f New York NOTARY PUBLIC,State o 1 1 No.01606020932 (N!j` ary Public) ouaTerm Expires March 8,2in Suffolk 0 County *near the entrance or driveway entrance of my property, as the area most visible to passersby. WilciE .RIFTrWir.Tc P- IT'IT' _ = 'JAtfAIC1 1 Y 'ii4 5 ;'1 i xi =- 0.37 UNIT I ° Postage $ t 1^ m 7'ti 's� = Certified Fee 2.30 ,, /�`��� = Return Receipt Fee 1.75 /5 t Postmha�rk, D (Endorsement Required) mer El Restricted Delivery Fee ' KZ�� �I El (Endorsement Required) >' O Total Postage&Fees $ 4.42 02 Qac;tf S Er Sent To 4 t 6A1 WOO de,— 4 ,'More Re.-�Zo5 r-R Street,Apt.No.; p or PO Box No. V-41— Cj/ Iy3 rc) S l „ec/-� O l S1 JJ N City, tate, ZIP+4 , kr WbOok Yu /lI Tl 3,5-- PS Form 3800,January 2001 See Reverse for Instru - U.S.Postal Servic- _ CERTIFIED,MAIL RECEIP ,(Domestic Mail Only; No Insurance overage Provided o . ,TAST'MAkOisl,'NY-41939 -. :,=' = Postage $ 0.37 UNIT IP 17; m 2.34 1 Certified Fee �� �� .n- Return Receipt Fee 1.75 ; Postmark m4 p (Endorsement Required) y Here ,y% CI Clerk-74 114 Restricted DeliveryFee �1"� (Endorsement Reuired) w O Total Postage&Fees $ 4.42 02/08/03 Er Sent To p Mf. d-Mrs kb(-14/17J Pe fCL. r, Street,Apt.No.; O or PO Box No. !6 76 (. (2,c,k. R N City, tate,ZIP+4i o iltV� ' (1 l3 — PS Forrm3800;.Janua .2001 _^ See Reverse for"' 4-f.l1&- U.S.,Postal Servic- CERTIFIED MAIL RECEI (Domestic ►a: •nly;,No Ins -• - ' . 47 TMIRITAIVT:=1 .11 q OftIE lTr l Y 1195'7 ` ='.< ,,,'; Postage $ 0.37 UNI � ,� 9 Li i' = Certified Fee 2.30 ,Q it, = Return Receipt Fee 1.75 q?: IFostmark\ p (Endorsement Required) Here 1 CD. C�, OO Restncted Delivery Fee �'. FI� [Li (Endorsement Required) ppll��-- 0 Total Postage&Fees $ �F•4i p .1- Er Sent ErSent To . lir• Mi. ch,¢e/ 13o e c l o rl Street,Apt.No.; t p or PO Box No. (D.O /a0 7 O f �J 1� N City,Sta,Z1eP+a iu . 1/9 - U.S.Postal Service _ - CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided= ul „:0AKDALE :. Y 117 NY w .. L.. Postage $ 0.37 UNIT ID: 0939 m 30 Certified Fee 2. 7-,:-`--41—'`�, _ y ( �' Return Receipt (.4`Receipt Fee ' Ce p (Endorsement Required) ClerNs KZCQ 0' 0 Restncted Delivery Fee (Endorsement Required) ‘..%'64.42 r �� O Total Postage&Fees $ Q' Sent To ScrJ 2 c I J< eou,.j war 1-1 Street,Apt.No.; p or PO Box No. [((/0 6 0 60AJ Cly,Sttate,7IP+ /Ar ((%/ / 090 • a PSForm 3806 January 2001 „� See'Reverse for Instruct'. . . U.S.Postal Service • . ' ., ;CERTIFIED MAIL RECEIPT . . - -- , . (Pemestic Mail Only; No Insuranoe Coverage Provided=-- 1-9 - „.... :. : •, < .=- • ' ' .., ELMHURST, NY 4137q 3; '\ !-, ',..'j = Postage $ 0.37 UNII--P---0939 ill = Certified Fee 2.30 7cc % \,-,..2 cc , 1. ttostmar = Return Receipt Fee 1.75 .. mi (Endorsement Required) 1=1 ,_, Restncted Delivery Fee "1 (Endorsement Required) v"cs ".(..-;‘.( I= Total Postage&Fees $ 4.42 = cr Sent To 1-9 jir Eg)4-s 6eor 1,q-cleS ,-R Street,Apt.No.; or PO Box No. 5 7-0 3 Frill- dreet cm N City,State,ZIP+u4rs_t_ A.,01 //3 73 PS;FoTn.-1-3600:January 2001' ' ,: 'See Reverse tor Instr ".1-1, US.Postal Service:' : 0 1/_ : • (Domestic Mail Only; No,Insurance Coverage Provided= rn ),EAST NARION.3-NY\11939 ur\ n" 3f`,E �-% .I] Postage $ 0.37 UNIT III: 0939 l'' 2.30 ,.. NY 1T- Certified Fee = Return Receipt Fee J r' (, tt PosRe ti D (Endorsement Required) ► \ CI 11.1111111i erk: 0 Restncted Delivery Fee 1 R (Endorsement Required) � �0 O Total Postage&Fees $ 4.42 -'•. $ C-4) S x'.. _l rSent To Mr I--stz A Co S 77:1-7,) 4-50- e-1 Street,Apt.No.; _ CM or PO Box No. J 50 pock PT: f`�i\ 0 Clt&State,ZIP+41� L—. 'r / C J, � efal.J 10. ✓. / t,. PS Form 3800 Janua 2001 See Reverse for Iristruc I. - 1 1,721. ZONING- BOARD ' OF APPEALS TOWN OF SOUTHOLD.NEW YORK x In,the Matter of the Application of, . AFFIDAVIT °S//) / OF !(Name of Applicants) , MAILINGS #1 CTM Parcel 000- _ -- _ 'COUNTY OF SUFFOLK) STATE-OF NEW-YORK)- --- - - . I, .mss ePGI Q ✓ l.._ residing at - /-6 7 _ea_ck Pi P1, 64tr PM-etc-1J , New York, being duly sworn, depose and say that: ! , On the z1 day of � , 2003, I personally mailed at the United States Post Office in EAST t'4e/� , 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 V) 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 /o day of , 2003 )i,to ¢ )'z -. 1,,/jj ,1j&-=- JOYCE M.WILKINS Notary Public,State of New York otary Public) No. Expires Suffolk,County0 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. Name Address City State Postal Tax Map Code Number Retzos-Lida, Woodene 84-18143'd St. Briarwood New York 11435 31.2-10.1 ,&Kimone Reich—Norman& 1676 Rocky Pt.Rd. East Marion New York 11939 31.2-10.3 Karen Tanasou—Lazaros 1850 Rocky Pt. East Marion New York 11939 31.-2-11 Rd.P.O.Box 195 Boccio—Michael P.O.Box 7 Orient New York 11957 31.-2-12 Georgiades—Elias 57-03 84"St. Elmhurst New York 11373 31.-2-13 Suffolk County Water 4060 Sunrise Hwy. Oakdale New York 11769- 31.-2-32.5 Authority 0901 OFFICE OF , BOARD OF APPEALS • Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. t• 765-9064 ZBA fax. REPLY FORM Dated: 02- f----& TO: )104 . ,e, ee4k5-01.1 1 ( ) Your application is incomplete for the reasons noted below. .p -Fly It is requested that the following be forwarded as soon as possible (within about 7 days, if easible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this . particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. -ft)BAUD eon /LC - i4--An original and six prints of the map were not included.ereparer's name and date of preparation to be shown.) i,. 1 tj u �Q, ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies of all current deeds and tax bills of the parcels back to ( ) Other: -1)-2Q- `r , Aug SOUTHOLD TOWN BOARD OF APPEALS Phone: 631-765-1809 Fax: 631-765-1823 (or alt. Fax 9064) INSTRUCTIONS FOR VARIANCE APPLICATIONS Please sub it seve s(7) collated sets of the following,by mail or hand delivery. 1. NOTICE OF DISAPPROVAL from the Building Inspector dated within the last 60 days,together with copies of permit application file. If your project is amended which changes the variance relief area,it will be necessary for you to obtain a new or amended disapproval based on the new or amended plan. (Building Department 765-1802). 2. APPLICATION typed or neatly written,signed by the property owner and notarized,with information completed on the attached form. a. If applicant is not an owner,please furnish written consent for you to sign and submit this application. b. Please be prepared to address the standards of Town Law applicable to your type of application. (Attached are"area variance standards" or use variance standards for reference.) 3. If your project is other than a setback or lot line variance,please complete the attached short ENVIRONMENTAL ASSESSMENT FORM. 4. Z.B.A.OUESTIONNAIRE,to be completed and signed. 5. Sketch of BUILDING OR FLOOR PLAN with height of new structure, location of entrance doors,etc. (new construction projects). 6. I riginal SURVEY showing all setbacks of existing and proposed structures, patios,driveways,wetland areas,square footage and dimensions of lot, dimensions of new construction,fences,tanks, overhangs,chimneys,etc. (If your project involves total lot coverage at more than 20% of the area of the lot,please provide lot size and size of all building areas.) 7. For NEW constructions,please FLAG outside corners for on-site inspections as early as possible. (*Photographs of flagged construction areas to be submitted for the hearing-or before if possible.) If wetlands are nearby, please give distance between new proposed construction and nearest wetland grass. 8. Filing fee CHECK(non-refundable)payable to"SOUTHOLD TOWN CLERK." (List of fees is enclosed. Requests for refunds may be made prior to the advertised date.) After the Board has reviewed the application and calendared your application for a public hearing, we will confirm the date,place and time of the hearing,and provide a letter for your use regarding notice steps to surrounding owners. Please note: Further changes,after submitting the above information,must be placed in writing to the Board of Appeals clarifying the changes• Chcontact hges may e Ao require a new Notice ofeals Office staff at 761809or Disapproval to address the changes. If you are not sure,pleasepp please check directly with Building Department(765-1802). Thank you. ZBA ORIGINAL forms must be included with a cover letter indicating the name, telephone number, and address of the contact person for our department correspondence and follow- up): To Applicants: Service of a copy of this appeal application upon the Building Department is necessary under New York Town Law. Please include a statement with your cover letter indicating when a copy of the appeal application was mailed or delivered to the Building Department. Thank you. Effective: September 2001 I � \\. \S-- 15.ii/3 • . 1 kit°sAN-64° ......)4-0-- -- igiA. Chapter 100(Zoning),Code of ' and J.WOODHOUSE. This is the Town of Southold, the a,request for a Vanance under following applications will be ! Section 100-30A.3 based on the COUNTY OF SUFFOLK heard at public hearings by the ; Building Department's August STATE OF NEW YORK ss: SOUTHOLD TOWN BOARD i 15,2002 Notice of Disapproval OF APPEALS at.the Town ; amended December 16, 2002 Lise Marinace, being duly sworn, says Hall, 53095 Main Road, , and December 24,2002,for lot that she is the Legal Advertising Southold,New York 11971,on area and width of Lots 1 and 2 Thursday,February•20;2003,at ; as shown on the lot line'change Coordinator, of the Traveler Watchman, the thereafter ossibleor as i map revised 11-4-02. Location a public newspaper printed at Southold, possible): ', of Pru erty:2395 Village Lane 9:30 a.m.. Apppl. No. 5243_- { and 255 Navy St.;Orient;Parcel in Suffolk County; and that the notice of R O R Y and " J E N N E 1000-26=1-12. which the annexed is a printed copy, has :This is arequest which-P.M. No. 5217 - FORRESTALfor a-Variance under Section , LINDA S.SANFORD. This is been published in said Traveler 100-244B,based on the October 1 an app ication ase, on the Watchman once each week 2,2002 Notice of Disapproval, t, Building Departments August amended-December 9, 2002, 20,2002 Notice of Disapproval, for / week() successively, regarding a proposed second- . amended January 22,2003,in a story and porch addition to the. ; proposal to demolish 'the comme ing on the �� day of existing dwelling. The basis of r existing dwelling and construct rj� (/ .. ......, 2003. the Notice of Disapproval is that- :• a new dwelling: (1)at less than , the additions and alterations will 1 75 feet from the rear lot line and , l 1 not meet the code requirement bulkhead. Also_requested is a /.X... .. or //./.Lk c e for a side yard total of 35 feet, new swimming pool structure at r or the minimum of 15 ft. side ' less than 75 feet from the minimum. Location of i bulkhead,and Variances under property: 1065 Saltaire Way, 'i Section 100-235A(1)and Town y Mattituck;County Parcel 1000-. Law_ Section 280-A, for a 100-1-23. ` determination' regarding Sw before me this.....day of 9:40 a.m. Appl. No. 5192--. improvements over an existing DAVID BELL -AND• . .private, right-of-way for %eCi?(1� 2003. RICHARD BURKHARDT. sufficient access by fire 'and This is a request for a Variance 1'emergency vehicles. The right- _ under Section 100-244, based of-way extends over privately - , on the BuildingDepartment's owned lands now or formerly of C- 1 June .6, 2002 Notice .of Kaytis, and land of McDonald, -�'` • 1�.� G.<i�. � Disapproval. Applicants from a point starting along" the Notary Public propose a deck addition at the east side of Paradise Point rear of the existing dwelling ,Road, - Southold, to the with a single side yard of less • applicant's lot; referred to as than 10 feet, and a minimum ,780 Private Road 17,Southold, Emily Hamill total side yards of less than 25 i'Parcel#81-3-27:1. NOTARY PUBLIC,State of New York feet. Location of Property: i 2:1-0�m. App1. No: 5307 - No.01HA5059984 1375 Island View ane, im.L_ EECORPORATION. Qualified in Suffolk County Greenport;Parcel 57-2-1.4. is is an pp kation Commission expires May 06,2006 9:50 a.m. Apps.No.5271-A. •requesting a Special Exception and B.DWORKOWITZ. This .}under Section 100-31B for an •is arequest for a Variance under ;,Accessory Bed and Breakfast in Section 100-244B,based on the fthe owner's dwelling forrenting Building Department's October 1.of up to five (5) guest rooms, 28,2002 Notice of Disapproval and tip to ten(10)guests, with ' for a total side yard setback_of fbrealc#ast.LocationofProperty: 22.9'. Applicants propose -2500 Main Road,Orient;Parcel construction of additions and 1000-18-6-10. alterations to an existing 12:2_0 p.m. App1. No.:5239 - dwelling. Location of Property:'_:JAMES__ KAREN HOEG. . 4225 Pequash Ave.,Cutchogue: s is a request for a ariance Parcel 1000-137-2-17. sunder Section 100-33,based on 10:00 a.m. Apppp1. No. 5269-,Jthe ' Building Department's JOSEPH BASANI.- This is a ',,September 26, 2002 Notice of request for a Variance under Disapproval to locate an in- Article Section 100-30A.3,-,IF ound pool and as built Department'sb as ed on the November 13,a accessory 3, Ise required rear yard,shed in an area at 2002 Notice of Disapproval,•350 Willis Creek Drive, amended November 15, 2002. ,{Vlattituck;Parce11000-115-17- The basis of the Notice of 17.10. Disapproval. is that additions'.i� The Board of Appeals -will and alterations are proposed hear all persons, or their which do not meet the minimum representatives, desiring to. be front setback of 50 feet. heard at-each hearing, and/or Location of Property: 1672 desiring to submit written RockyPointRoad,EastMarion; statements before the Parcel 1000-31-2-10.2. conclusion of each hearing. 10:10 a.m. A pl. No. 5270- Each hearing will not start PAUL DAVIS. This is a earlier than designated 'above. request for a Variance under Files are available for review Section 100-30A.3 based on the during regular Town Hall Building Department's October business days from(8!00 a.m.to 2,2002,Notice of Disapproval 3:00 p.m.). If you have .....e.,_1...1 n.,a..L„_no nn r_.-_ Notice of Hearing A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, Southold, concerning this property APPLICATION: BASANI , JOSEPH TAX MAP #: 31 -2-10.2 PROJECT: SETBACK VARIANCE DESCRIPTION: ADDITIONS & ALTERATIONS TIME & DATE: THURS. FEB. 20, 2003 10:00 AM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8am and 3pm. • ZONING BOARD - TOWN OF SOUTHOLD - 631 -765-180f 4', -9- (17) DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 4004: Application of DAVID J. VERITY. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory (garage and shed) buildings in areas other than the required rear yard. Location of Property: 1673 Right-of- Way located off the easterly side of Rocky Point Road, East Marion, NY; County Tax Map Parcel No. 1000-31-02-010. 002. WHEREAS, a public hearing was held on February 22, 1991, at which time all those who desired to be heard were heard, and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Rocky Point Road, East Marion, Town of Southold, and is referred to as Lot 3 on the Minor Subdivision Map for Kimon and Woodene Retzos. 2. The subject premises contains a total lot area of 40,000 square feet and is improved with a 16.6 ft x 29 ft. nonhabitable garage structure and unhabitable 8.2 ft. x 16.2 ft. storage shed. At the present time, no dwelling exists on this lot, although a previous building permit (#15834) was issued for a new dwelling but has since expired. -10- Appl. No. 4004 Matter of DAVID J. VERITY Decision Rendered March 8, 1991 3 . The accessory storage buildings, which are both the subject of this appeal application, are located 7.1 feet and 35.3 feet respectively from the westerly property line, and more particularly shown on the survey updated March 28, 1990 prepared by Peconic Surveyors. 4. Article III-A, Section 100-30A.4 from the R-40 District provisions of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. This provision also did require accessory buildings to be set back not less than 20 feet from any lot line at the time of the filing of this application; however, this provision was amended by Local Law #2-1991 (effective 3/2/91) requiring not less than 10 feet from any lot line, for lots containing from 40,000 to 79,999 sq. ft. in area. 5. It is the position of the board that the location requested is not unreasonable and it that area which would normally be deemed a rear yard if a new principal dwelling structure were located as required by code (similar to that applied for under Permit No. 15834Z, which has since expired) . Also, there is no alternative location to place the accessory building in any other yard area at this time without a variance. 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land and are not personal to the landowner; (b) that there is no other method feasible for appellants to pursue other than a variance; (c) that the area chosen for the accessory structure is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. • -11- 0 Appl. No. 4004 Matter of DAVID J. VERITY Decision Rendered March 8, 1991 Accordingly, on motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the Matter of the Application of DAVID J. VERITY as applied under Appeal No. 4004 for the placement of the accessory buildings, as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory buildings remain in their present position; 2. That the subject accessory buildings not be relocated (except in the required rear yard) , converted or increased in size and as an accessory building not be used for habitable, sleeping or business purposes; 3. That there be no plumbing and no electrical facilities; 4. That the accessory buildings be used for accessory storage purposes only. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa, consisting of the entire board. This resolution was duly adopted . Southold Town Board of Appeals --9- June 13, 1985 Regular Meeting -(-A-p p e-a 1- N o:-3 3 41 -- -- -H-E L-E N- W. - CONWAY , cont-inued : ) - — — - substantial in relation to those generally;,existing in th area ; (2 ) there will be no effect , if the variance is allowed , of the increased population density thus pr.: uced on available governmental facilities ; (3 ) there ,-' ll be no substantial change to adjoining properties ; 4 ) in view of the manner in which the difficulty arose , a' .ther method for the applicant to pursue other than a var ' . nce is not feasible ; (5 ) in view of the manner in wrich the difficulty arose and in consideration of all the abve factors , the interests of justice will be served b allowing the variance , as noted below. Accordingly, on motion by ` r . Sawicki , seconded by Mr . Grigonis , it was • RESOLVED , that the <elief requested under Appeal No . 3341 in the Matter pf . Fe Application of HELEN M . CONWAY for approval of the ' sufficient area of " Parcel 2" of 30 ,458 sq . ft. ,.-To width of 150 feet , and lot depth of 201 . 83 feet , BE ! D HEREBY IS APPROVED SUBJECT TO THE FOLLOWING COND ION : 19 Tha any and all construction must be in compliance with th- setback requirements for the "A-40" zoning district (50 fent , 50 rear , 16 one side , 35 total side yards ) . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , ioyen , Douglass and Sawicki . This resolution was adopted by .unanimous vote of all the members . PENDING DECISION : Appeal No . 3337 : Application for KIMON AND WOODENE RETZOS , by R . W. Gillispie as agent , Main Road , Southold , NY for a Variance pursuant to New York Town Law , Section 280-a , for approval of access over private right- of-way to be located off the east side of Rocky Point Road along the southerly property line of land of Metropoulos and over land of Nowell Estate , to premises identified as County Tax Map District 1000 , Sec- tion 31 , Block 2 , Lot 10 ; and more particularly Lots 2 and 3 of Minor Subdivision No . 81 ( 1973-Retzos ) . Following deliberations , the board made the following findings and determination : WHEREAS , a public hearing was held and concluded on May 2 , 1985 , in the Matter of the Application for KIMON AND WOODENE RETZOS under Southold Town Board Appeals -10- June 13 , 1 ! Regular Meeting (Appeal No . 3337 - RETZOS , continued : ) Appeal No . 3337 , at which time no objections were received for the record ; and WHEREAS , the board members have considered all testimony and documentation entered into the record in this matter , including the April 23 , 1985 Road Inspection Report No . 444 prepared by John W. Davis as requested by the Z . B. A. ; and WHEREAS , the board members are familiar with the property and the area in question ; and WHEREAS , the board made the following findings of fact : 1 . The property to which applicant is requesting approval of access to is located in an "A-Residential and Agricultural " Zoning District and known and identified as Subdivision Lots #3 and #2 of Minor Subdivision No . 81 , approved by the Southold Town Planning Board during 1973 , and more particularly on the Suffolk County Tax Maps as District 1000 , Section 31 , Block 02 , part of Lot 10 . 2 . The right-of-way in question is located along the southerly side of land now or formerly of Metropoulos (1000-31 -2-13) commencing at a point at the east side of Rocky Point Road having a legal width as shown on survey dated November 23 , 1972 , and a traveled width of 12 feet , extending from Rocky Point Road in an east-west direction approximately 262 feet , and thence extends in a north-south direction for a length of approximately 280 feet , which has some depressions . 3 . The right-of-way in question appears to have been used as a "haul road" to a former sand pit . Test holes show at least six inches of hard-packed sand , gravel and loam . At this time there does not appear to be any drainage problems . 4 . Submitted for the record is a copy of a deed at Liber 4703 cp 233 dated October 1 , 1959 from Nowell to West , the prede- cessor in title . In considering this application , the board has determined that the variance be granted as noted below since : (a ) this right-of-way appears to be the only ingress to and egress from appellant ' s properties and it is appellant ' s contention that this is the legal right-of-way to the premises of record ; (b ) the relief requested is not substantial ; (c ) there will be no sub- stantiae change in the character of the neighborhood or substantial detriment to adjoining properties ; (d ) the circumstances of this appeal are unique and there is no other method feasible for appel - lants to pursue other than a variance ; (e ) in view of the manner in which the difficulty arose , justice will be served by allowing Southold Town Board u , Appeals -11 - June 13 , 185 Regular Meeting (Appeal No . 3337 - RETZOS, continued : ) the variance , as indicated below . Accordingly, on motion by Mr . Douglass , seconded by Mr . Goehringer , it was RESOLVED , to grant approval of access applied for under Appeal No . 3337 in the Matter of the Application for KIMON AND WOODENE RETZOS over the private right-of-way located on the east side of Rocky Point Road (described in #2 , supra) , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . There shall be a minimum open and unobstructed access width within the legal right-of-way of 16 feet , improved as follows . 2 . Holes and depressions in the east-west length to be filled with bankrun gravel , sand and loam; and 3 . Widen road to 16 feet where necessary by removing topsoil for 8" and backfill with 8" of bankrun gravel , sand and loam; and 4 . Place a 3" crowned compacted top course of 3/4"-stone blend or crushed concrete (re-cycled concrete ) ; and 5 . An alternate method of construction after filling the depressions would be to place 4" of crowned stone blend or crushed concrete on the existing surfaces for the 16-foot width ; and 6 . There shall be a clearance of 30 feet at turns for turnarounds ; and 7 . That this right-of-way shall be maintained at all times in good , satisfactory condition ; 8. That all of these conditions be met prior to the issuance of any building permit or June 1 , 1988 , whichever shall be first , or this variance will be deemed void in its entirety , and additional application and updated reviews will be necessary automatically ; 9. That the grant of this variance does not become effective until all of the conditions set forth herein have been complied with and accepted by the town in writing and after written request for a final inspection and acceptance ; 10 . That the Zoning Board of Appeals may make any reasonable exception as in its judgment it deems appropriate under the circum- stances concerning the improvements of this right-of-way. Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . f -__- - i q R ATO' %A OF SOUTHOLD PROPE''_,TY '"ECORD CARD OWNER STREET /457 7 VILLAGE DIST. SUB. LOT j 0s-e.',ek V . 60 !tt' 4 1 4 R Menr(01-1 I-t Al ,yIvii'k-i .r _FORME OWIN,ER N l E ACR. 1 • �3 ® p • oasan t $4170 .4-2.c --I ra} i '.i-,r I ef Ia : M 0,,, .-22 "Da oci ve-4r-1 i-Li S '` W TYPE OF BUILDING \ e4,, a,-=+' lq If- I c i ,-, ,-;aAv -!', ..jo$ -ors, <3RES. /0 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value 241 ry J LAND IMP. TOTAL DATE REMARKS - ..-e 'i .r Jar c") ,sc". et F,, -. (P c; ; )6,/ ,,,66,- ' :96 - lC,f; 4 e 9' (-H i is o 4' t.l k M-rci r /206 r-eu ! ®® / /Db.VSA rv.V 1..,. -L„ 10� -432 - I�--� ; ,d - �; ,i. X4,6, - 1 /�� 6 /od /.5? �{ ' ---//0//s > y / i $/ it-' 15 3 - 8 t s -E� L- /4/oo /Y as 1 8 oo .2 5/90 10113(c-7 V - 14362 S. f rc1-'s Sco . goo goo P _ az- ,3 /2-6/4/ 3 D__.)S6 -# i ,---7( 2 : - s . tc,t..• .' 4t ®o --- 14o0 1200 Ate- 21eoo ./(// 7v�� 5 30pa QP , 1410 7 -Oe Jac-ec, 11_., '`?'-v Li 00t5 300 /2/96. 4/ail I �' _0Yv Dd �5 icy7C 6/Iaf 9 . 13P-' oX03 /Replaces. 4- "0/2 _ ” / N - 8t-D`rz. 3 1 f(,, con � a+-C- 7 a? d.�J ;it j r• (. ; 11) :fa) I 2-1 7--7/ LHi57 e 7 ,7- Voir) n! lano � _._Lj q_37618--Li 6ze F/4-- 11insd %o ‘1346ar)s•` -$/est, 77 mit_ , Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland , /2.2 / 1-00 r 7. I ,f� DEPTH House Plot _' l',"-1...:::-,---, �,- O`• BULKHEAD Total r , 4 # , .,,,o4. I I •.fJj ire �., 1 ' •{ L t -' u+ mow' �+ ��..-„... r x-. '-' `. ..< xt' Q -�+: '...4',,-.",. Ai'..-�7�... z .,.. , ,.a - T .64 tYCk0 M. Bld•� ` E.s,Q f - ' Foundation Bath ` Extension, AP _, ,t "'iliPv r Basement SVa.4.t, Floors 4 Extension f Ext. Walls etc i.1 ;�,.,,,�, Interior Finish l I - tension r 25 Fire Place Heat I I Porch Pool , Attic w Deck 7 - 12E l (0 Patio - Rooms 1st Floor -Le - ,* ' B,te�z�+Gay etv.,-1ci k 69M F Driveway Rooms 2nd Floor 2� :.ate z14o , Garage \l,cXZc? = 1E(o 4 ,75 3 Ile, • O. e4 6 6