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5248
(Aloid Pi-ocAatta) '7r 1 o Peiya, a< 1, Sill: 44Sa[1-B - (,a,.+¢ip,L2 pain adben ��, yee. gek6cLek . defit 3//2/03 I , APPEALS BO\RD MEMBERS •,1c`�,,,,,,�®Q, to',`Q; ® Southold Town Hall Gerard P Goehringer, Chairman e ° d: 53095 Main Road Lydia A. Tortora F._s P.O. Box 1179 % George Horning Southold,New York 11971-0959 Ruth D. Oliva t t�ego ZBA Fax(631) 765-9064 Vincent Orlando '= Re C tool Telephone (631) 765-1809 .....•''� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED " ' FINDINGS, DELIBERATIONS AND DETERMINATION `?' MEETING OF MARCH 12, 2003 APR 4 2003 Appl. No. 5248 - Edward V Werthner. Property Location: 180 Private Road #12 "Windy Point Lane", Southold ���� o � k ^� Parcel 1000-78-6-3.3 (2 and 3.1 combined). SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type ll category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's nonconforming 23,522 sq. ft. parcel is located on the westerly side of Windy Point Lane, Private Road #12, in Southold. The property is improved with a newly constructed foundation for a dwelling. BASIS OF APPLICATION: Building Department's October 1, 2002 Notice of Disapproval, amended November 20, 2002, citing Section 100-244B for the reason that the proposed dwelling will be less than 35 feet from the front property line. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on January 16 2003 and February 6, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant proposes a setback at 26 feet from the front property line at its closest point, for a 6'8" porch and 30'8" x 52' dwelling with 20' deck, all as shown on a survey prepared by North Star Surveying, P.C. dated September 30, 2001, revised 6/3/02. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant indicated at the public hearings that many months were spent trying to fit the foundation onto this substandard lot. The survey initially submitted to the building department allowed a building permit with a 35 ft. front yard setback. Subsequently, the building department 'requested a second survey showing the placement of the foundation, as built. This new Page 2—March 12, 2003 -a Appl. No. 5248—Edward Werthner 78-6-3.3 at Southold survey information discovered that the as-built foundation is 26 feet from the front lot line. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Since the foundation was poured in the location described, at 26 feet from the front lot line, the applicant has two choices: (1) to apply for a 9' setback variance presently before the Board, or (2) cut 9 ft. off of the existing foundation. The Board has in the past reviewed similar types of requests for similar relief. In this situation involving a poured foundation, it becomes extremely difficult and expensive to do alterations to correct the 9 ft. setback nonconformity. 3. Although the lot is small with 23,522 sq. ft. and it fronts along a private road 50 ft. in width, the actual right-of-way has actual variable widths of 15' to 18'. This is a significant factor because there is additional area between the actual road and the applicant's front property line. 4. The relief requested is self-created because the foundation is in violated of the code requirement for a minimum 35 ft. front yard setback. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. The applicant is required to conform to a landscaping plan, raised due to concerns of the adjacent landowner of the right-of-way, to landscape the front yard area and that area between the front property line and the existing road surface. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a residence, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Tortora, and duly carried to GRANT the Variance as applied for and shown on the survey prepared by North Star Surveying, P.C. dated September 30, 2001, revised 6/3/02, SUBJECT TO THE CONDITION that the landscaping be provided and maintained by applicant according to the sketch map submitted to Mrs. Patricia Stegner by letter dated January 27, 2003, prepared by the applicant's attorney (Patricia C. Moore). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, ,Y ! •y 1r Page 3—March 12, 2003 Appl. No. 5248—Edward Werthner 78-6-3.3 at Southold 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, and also absent was Member Horning of Fishers Island.) This Resolution was duly adopted (3-0). Lydia A. ora, Chairwoman —Approved for Filing 4/3/03 IP IND . 1 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS - THURSDAY, JANUARY 16, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday, January 16, 2003, at the time noted below(or as soon thereafter as possible); 9:45 a.m. Appi No. 5248 - Edward V Werthner. This is a request for a Variance under Section 100-244, based on the Building Department's November 20, 2002 Notice of Disapproval concerning a new single-family dwelling, under construction, for the reason that a portion is less than 35 feet from the front property line. Location of Property: 180 Private Road #12 "Windy Point Lane", Southold; Parcel 1000-78-6-3.3 (2 and 3.1 combined). The Board of Appeals-will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (tel. 631-765-1809) j FORM NO. 3 • ,i .\Q- ‘e \Q ‘e TOWN OF SOUTHOLD BUILDING DEPARTMENT (; SOUTHOLD,N.Y. I \ NOV Z0,. , NOTICE OF DISAPPROVAL i l 1 ' ajdactou24) DATE: October 1, 2002 AMENDED: November 20, 2002 TO: Anthony and Robert Pisciotta(Werthner) 180 Private Road#12 "Windy Point Lane" Southold,NY 11971 Please take notice that your application dated September 26, 2002 For permit for a new single family dwelling, partially"as built,"under construction at Location of property: 180 Private Road#2 "Windy Point Lane" County Tax Map No. 1000 - Section 78 Block 6 Lot 3.3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 23,522 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXVI, Section 100-244, which states that non-conforming parcels, measuring between 20,000 to 39,999 square feet in total size, require a minimum front yard setback of 35 feet. Plans note a proposed setback of 25 feet. Total lot coverage, following construction,will be less than 20 percent. This Notice of Disapproval was amended on November 20, 2002, to re t i e entire scope of the proposed work. 40, %g Author ed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Cc: ZBA, File ' ° APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS — — For Office Use Only — %',06 Fee: $ 1S0 i Filed By: Date Assigned/Assignment No. d . / /,f. - c .L Office Notes: Parcel Location: House No. ?0 Street tx.(eviloa' i2D Hamlet r1:��1� // - '-'I D SCTM 1000 Section 1? Block l� Lot(s)3 -3 Lot Size � Zone District I r5y1V•t"rRt... I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: "to s .ca m, cb of N-bV. 3DB 2,002 14+1,--ta Applicant/Owner(s): Flj()J A/Z� V. VVt IZT' Ole Mailingr1- .�^ _ Address: �O U(.))L `cC� �l(�L��SI�RT I �L,- Telephone: k'a( ' 113- i10 - NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: Telephone: Pleas specify who you wish correspondence to be mailed to,from the above listed names: Applicant/Owner(s) ❑ Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ,❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection Type of Aypeal. An Appeal is made for: I A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal❑ has Zas not been made with respect to this property UNDER Appeal No. Year /111 J \ • • • REASONS FOR AREA VARIANCE ONLY(to be completed by applicant): 4 Do not use these standards for"use variance" or"special exception" (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nereby properties, if granted BECAUSE: 10 M d\I V20.1T aka+ _--- WiietC14 >SicheroP o iQi Mt— A-o0.16 ti1N 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: i400 e -S G---Q6,0' Dig is I,Ui4-t� y Niko Q X11 s o'J`T S"f�-LLtt i ID C1�a--`l / ��N fG ratio/61 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: 1 t4P ` I Ck r W Ll rv� Tat -TiticriDetILIIIAL3b Atsi CaltUle rN rf-te oF m Ytird 5. Has the alleged difficulty been self-created? (V) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. `i L, lS tS vo 11oJ c kAc U u9 cl f cam A- ply sem- F7261Jr D6rt 6ki • STATE OF NEW YORK) COUNTY OF SUFFOLK) 4�� rpphcan Agent must attach written consent from owner. Sworn to before me this day of Oar' , 200. / /// I GHE 77: GEM-ER Notary Public NOTARY PUBLIC, State of �:ew York No.01GE4962524 D:\DATA AL\FO1aS a�:nes o2.1D—Nassau CounO c 4 S PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s). 4,/4. K> "1677ri / ? 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: 6 =°'" GP 1' X3O 1-7- 6`f Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purpose/aid,,use of new construe ion requested in this application: FieD/or JT /c &r 779 00M/0!ei 44:/a/fU,9-L- uJer /WO /7CPV4k 2>-9-r/6./11- IV. s'/6'VIV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s : f/s /✓ .4-643 )57-7—e /-)J]7/ J -j •fes j ,4c, "2C' e9S Cr/o tE: 77�f4Y S G /, 6`' X/oCU/� j4-drt '/l/e9 (--ed ll/J �9-d �'7i ?T /7 /9,3d • 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. j cy3 //O . '{ _ z TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET / 0 VILLAGE DIST. SUB. LOT 61A0' - -ti el eke f P i csa;6 Jfri ' ° 6L''''‘''Y r- q<?-.t!74 ii,,,,„,,,,,, ,, , , ,,,,,,1„, ,„.c,,--, &---- FORME OWNER N E ACR. . the 1�°r MQ X10 ( /r)C S . C ed, #-e Pn,-' /ed, ;S=¢ "/4,-�� q,� Br,' i oueiy-Cil � TYPE OF BUILDING Y IL/.c / ES. SEAS. VL. !_>/\---.34 3 FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 3-o-r) Z e-0 f 2 7 / 3/16/46 7/..>c, J4 Zt� C-4,,e,„ r, A` t- /JD() /3 0 C 7/3 i 1 G7----- s, t k' g/r�,`7 zs a o L775/ 7) r1/ 167 -7 AGE BUILDING CONDITION / �q 6.-L 11 � (. �`0�p��r �a�Qc 717) PI���, f dia M/� N ON 7/3/07_ CO M P 'iv/6 tooroils -?1.-4,- 3,1 cQ \IEW NORMAL BELOW ABOVE :ARM Acre Value Per Value Acre illable 1 illable 2 liable 3 'oodland 1(i6 /ae,C) rampland FRONTAGE ON WATER itscr,' _ r ushland FRONTAGE ON ROAD )use Plot DEPTH BULKHEAD tal DOCK >If 7�, - z, . 'Q WIC Cod S-Ol t$ i REC® ® CAR® -� OWNER STREET 2/0 VILLAGE DIST. SUB. LOT 4?/7Y/1/WP/S e/0 T r4 `J® Gid k-, ,jadv._kcie!---4---12_, til r.s 6.---' FORMED NER N ,- E ACI-271 ., „ r. — /' R ,Rx s , - �n A '4&..s'7i , 7,41c, . / /Pd . 1-6 1 /� S e W TYPE OF BUILDING 61 � W 1,.-'v4..ti ., L.. r:. k. ,�' ' , r .M d C.L tC4 e-4-4- /W"a 9-ee,C.e.:4 a 1, f ;ES. SEAS. VL. S/3 FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS v-v o cD„ '4-0V SC,--C112 4�m?, 5G-40 1?j 5 c 10 Q 74/ /.s cia/ix-, /'' ,2-6-- se, 0 ep-4,----t) vi ..1//‘ / .,5---- Va--e2/6J-- a 4--- --4 --k.....,.. -4-400-4.1. eil,„„t, IIV el- ✓i- r , fL .. _e• . .9(' 7 A5".9 d 5`0- 0 - .5A,4 9,/ ,/,7.3 2 a 0-0 ' spZfx: -So' - e asR,' Z/zd/7`./ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre "illable 1 11!able 2 'illable 3 $ ✓oodland6,S t .99' - wampland FRONTAGE ON WATER _ f u o rushland FRONTAGE ON ROAD louse Plot DEPTH BULKHEAD otal DOCK • #111 stfFOLifCO�\ 1 0 ELIZABETH A. NEVILLE 11� * Town Hall, 53095 Main Road TOWN CLERK 1 0 - P.O. Box 1179 REGISTRAR OF VITAL STATISTICS i Southold, New York 11971 MARRIAGE OFFICER 11 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER `� ®1 *is" Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER •��� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 23, 2002 RE: Zoning Appeal No. 5248 Transmitted herewith is Zoning Appeals No. 5248—Anthony Werthner-Zoning Board of Appeals application for variance. Also included is notice of disapproval, survey, applicant transactional disclosure form, SERQ form, and project description. APPEALS BOARD MEMBERS �, �S11fFO(ItCo '�i 4' -. py Southold Town Hall Lydia A. Tortora, Chairwoman ' ; c / 53095 Main Road Gerard P. Goehringer ; ti • ; P.O. Box 1179 George Horning p .F Southold,New York 11971-0959 Ruth D. Oliva =y�J4 a0��.1 ZBA Fax(631)765-9064 Vincent Orlando 1 �i�''� Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 7, 2003 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 5248 —Variance Determination (Werthner) Dear Mrs. Moore: Enclosed please find a copy of the Board's determination regarding the above referenced 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, Linda Kowalski Enclosure Extra Copy on 4/4/03 delivered to: Building Department f "1 • J W � z • S I NE:ca I ) - \."--r) . � f CI u s� J� Garagv ie . .). T .. 4 ,._ i ; . __________________._i • ....! :\ 0 .0 0 = , . . . - , - -`Blas . on.,.. DDD�DDD❑ S \Alai k. -ty t _ ___j ,:.. .i. - .- -;.--- . • r, ... ,e,k,m+,..,,, • - -- - e.' - ;;; r. A rl Ve, i c, 09 Q ( _1- 1. -e�1_ � ,, +0- ,/'. - .ql. 10: 0 ,� dye Cki s-Znq fie - { J f ui h Ao ��aG4�L SE `f€�G��'_ , Eict'fina�G c Les SES r s;Y'-y ik;i I. ' ti- t •R, AWE. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES �/ f I_ + I ` NOV 1 L:;.,.,,)• A4Alnl BA7 .4 e_W 1QoP►o ' 1 1 �G ' • 7,• !-,7-7-,-..-,-.T.;.:_----i 0 1- ff Sc--TT0-1 r000 -1e5-6 - I \ S5q°0i . "� /c c -� 1 I \ (---1 . ' 1-4 Fnl 0 rat,Ho t-1 r. _,..E0 , i ,,esi._,,f.5 �� 00 I I N 0 T E S : TEST HOLE UU o` V\ C'`� in, FNo £L 9.15 �,r.. x 16.7 1,3' 1) SAME DIST: OC)O,SEC: 70 BLK: TOP OF T.H.: eL 1 4 . r� �Oy • I I LOTS/2 3.f ON SUFFOLK COUNTY TAX MAPS. s r \ V ,o _ 111 e N r - \.` \ 2) THE EXISTENCE OF ANY RIGHT OF WAYS AND OR EASEMENT _ ' ►� 32 7 'a OF RECORD,IF ANY NOT SHOWN,NOT GUARANTEED. N d 3 r �• I 3) ELEVATIONS ARE SHOWN IN(5e N.'4) DATUM. ° Z NN x N Z \ tT 1 ,. 0 t .t S 4 1 1 . I -c4N a t 3.1I '.t, p 1 i cc' v . 10 1 1 J ., Q. o — — — '', - r Q O riot rr V W. - j `� t� *UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THIS SURVEY IS A VIOLATION OF SECTION 7209 g m , -` 's . I I OF THE NEW YORK STATE EDUCATION LAW. NOT I *COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL SHALL BE o o I u , CONSIDERED TO BE A VALID TRUE COPY. 41 J 2 *CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS s 0 - J PREPARED,AND ON THEIR BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING - Q N li INSTITUTION LISTED HEREON ,CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL °m ; : v. 3 z,I �? II 1 INSTITUTIONS OR SUBSEQUENT OWNERS. • N ° m ° 1' , *THE OFFSETS FROM PROPERTY UNES SHOWN HEREON ARE NOT INTENDED TO GUIDE IN THE o•to a o(sw�u- % 3 0� .4,SP '\ x.15 e6 Z ti..e 1-y Ro.,.j o F 8/P- HoJSr=S 1.5'N - twit. R 6 WA,-,-. 0O \ ERECTION OF FENCES,RETAINING WALLS,POOLS,BLDG.ADDITIONS,AND OR OTHER CONSTRUCTION. ¢.e a 19 k� �' uio Bs 5f�o�'S -' j I © COPYRIGHT BY ROBERT B.HOLZMAN LS.,AS PER ORIGINAL DATE SHOWN ON SURVEY. . \ 7aee HcoGE a a•5 •rRecy R-ca•Tra N t i EL�}•.- .rrit els?0 o l ©o Vc/ C067.CDC) ,. 3 SG7'-1 I o00- -78-6-4 ' i t • OF NE-1DISTFzIcT i000 sec-pcwJ 76 BLoG- C L.or-s -Z 3 11 5( O� GoUJ7Y TAX OAP • _ r ' 11 o-reS LoNT., j $7 4 , - X1=1/, gc lovv>\I ARS !til N&N./0 D I q 2q Gf1TJ?-1 Art, , / Tov1/l�l o f sod TN out, SL/FFoc.44 c�cIN?Y, NEW yoR}�j 60 ® R Q>as Sr-lovJrJ o1-J SJR�Ey e ' /-JORST>9R SJRc/��1.1G P.G. ,.ry - , 0 `' BY ROBERT B. HOLZMAN .S. 20 z LAST Ra_J15 -1� Co-3-o2 1, O L t<r b'94917e) 4�' LICENSED LAND SURVEYOR , N.Y.S. LIC. # 49176 - - . SAND 1205 WALNUT AVENUE BOHEMIA , N.Y. 11716 . 11.4ik—td /... , IIIIMIN PHONE # : 631 589 0261 FAX # : 631 589 4930 .0 10- 20-02: �A10.LOG. Loc bH Q ,-,n1c. - - DA ; s�-r. 1312002 SCALE f" = >• FILE :l000-78-�-2 WE`i1 ' i, t J C a * __ ,‘„,4 f.,- / ..---7- 77 . , rte r' t___,----1--- /-- ,J ` --). ,✓ 1 / �s 41 # �� cre jit � r _.. ,__.__._:___-_-•TT-T7:TcT--------"--- ---- - \ ° .\1( /f1 ..-------- Lki'7,--, e • St7.lr ` r ' ,b 4:a`)/03 RETII' SD ? k=0,) F-0 1,3 130cua. Cak , AWA r cQ JQ Eciw;NieD €R- ,IjUlq G•o . c-/ PATRICIA C. MOORE Attorney at Law j 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski MelissaMcGowan Secretaries January 27, 2003 Mrs . Patricia Stegner 470-12 Windy Point Lane Southold, NY 11971 Re : Werthner Construction -- Dear Mrs . Stegner: 1� In accordance with our agreement at the last Zoning Board hearing enclose please find a landscape plan prepared by my client . Please review it, if you have any comments or recommendations please call me . Please note that the area in the right-of-way will be left natural, the two cedar trees which fell over (and removed) are being replaced and the cherry tree will be preserved. If the cherry tree dies Mr. Werthner will replace it . Mr. Werthner intends to plant trees and shrubs on his property which he has also shown on the enclosed plan. I have also enclosed the elevations of the house. Very truly yours, Patricia C . Moore cc : Zoning Board w/encl . k I ---------.0.-....,_ ..k. ,,,•\ " kA ,.., i,,,, i ,- • MI 0,p1 meir Xtv r 4 'VII 1,,, t vt" . 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P4016 LA6iN siso. fs 1 , t I :till '\.), s\A a . ... , -6 X I S ____-41_r)cl_ Rca. t+- ;Bi.---L.t.s.. cc ) _ p,),c?,( -_,R,i31,6 IQ 1,1-Txtt.w,PA... zek Itt cV - c) Lei' MA 15 1,, .,k,INtiAir.. 006..1 Li4,,err\- --Tic I 7 opztv • r' _ . -0\ 60,10 ' ' \ .P ZONING BOARD OFAPPE S Town Hall Office ` 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskiTown.Southold.ny.us or Paula.Quintieri(a,Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax(631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: r/ C /2002 REF: Hearing Date: l / 3 Appl. of E- Gu (x ) Info attached for your information and review. Para-of 4..yl416J ear - 1 i J /10.9,0a ). 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': .�- I - Ni • VI'' K \fir', xt �y,�/�y_. 5 0 i, I,w `e' -; • .1T r 1 1, � - _y_� f,� ,• S:.I i ��y`��� moi►t ���.a�ww !:I ,' t ` z .J • 'f • E SER.--r- 4Ave.a . vr, \ �, 4. • . i �„ -ii _ i± a ,_ I a • •. .t400. .. .•,� - • .. . .. - r pp •y • . `" NMI NMI in io(i r ,.,..,f`-`3•-' .' 4 1 , •• _ . • . . • . _ _ 1 i . I- - ' , ,or .-' • 440* ! .-----.• UJE -t-t--(A) ,, ...L ., • • ,...„,,, , .., ,. ,,..... • , ..: ::..,„ . _ ,...... , . . . , t .•• , , A , —._ -•.,. . : . . ...'..lak1.-..' . ....111-- . - :4,---1W..*--- . . • . . i , /.... Irli, .. a. . f • .- . i 4 r. 1 . . _ • Al ,.. - r.;.-* 1"17. -...-- . • -'--11, - • I . I '.."" - a J "4 , :-• t ., 4: " ''.,..;4.',;„ • -....4_'._%__, rt It . .I"L. -."'i le-Z---i-.t-, '-...tti,a•bh,4'4-d-ir fi. A. .' -.21.1•••„1" 't_ Jr . li, ,-... r ,, ....;--- ,I-,%,.&- 1• , • . • " . ri -. '-• •'k,L. . . ' •' _Aits. , A -".-1": - ''..S-ni 0 ..'-' A gt.,;.,,.. ‘, -, ,• r5 Ot V\ / \VPATRICIA C. MOOT E Attorney at Law [�' _- C`� 51020 Main Reed ` )J1/' ! Southold,Now York 11.571 Td:(631)7654330 Fax:(631)766-4643 December 27 , 2002 VIA FACSIMILE Southold Town Zoning Board of Appeals P,Q. Box 1179 Southold, NY 11971 Attn.: Linda RE: January 16th calendar Dear .Linda: Please fo:_ward the following legal notices to me for my clients whose variance applications appear on the ,7anuary 16, 2D03 calendar. 1. Appl. No. 5248 - Edward Werthner 2 . Appl. No. 5246 - Natnrog Holding Corp. 3 . Appl. No. 525B and Appl . No. 5257 - W1,lliam Lois 4. Appl . No, 5238 - T. and A. Laoudis Also, please contact me when the signs are ready to be picked up, Th< nk you. If you have any questions or require anything further, please do not 'oesitate to contact me. Very truly yours, fa I u t. a, rJ Patricia C. Moore By: Melissa McGowan, Secretary SENT EY: MOORE; 631 765 4643; utc-2/-ue 14:04; rAUt 1 PATRICIA C.MOORF, Attorney at Law 51020 Main Road Southold,New York 11971 Ta (631)765-4330 Fax: (631)765-4643 FAC MILL COVER SHE1;T The pages comprising this facsimile transmission contain c,onf i dential information from Patricia C. Moore , This information is intended solely for use by the individual entity named as the recipient hereof . If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you ve mored received l transmission in error, please notify us bytelephone o we may arrange to retrieve this transmission at no cost to you. TO=_ .. G,•rfe• of 41l RE: t9eZ/7U rC� �(O JAN Cts?a/11.d _�.. - DATE: J 1,21/27A,2 TOTAL [NUMBER. OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: - — OPEP,ATOR: ac,t.E4 x4-4 C _ 1 Ifril) r VI)" ! %ZONING BOARD OFAPPE�'`-' s 6' A ° Town Hall Office �� 53095 Main Road- ('k OY0 P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskiATown.Southold.ny.us or Paula.Ouintieri(a Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) ' TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: / / oZ /200i REF: Hearing Date: 1 l / l Dc3 Appl. of &.itazilbl ) ( x ) Info attached for your information and review. L G04/ 01721.1/re.457 ,' 14 to/ in at 4 tEtrzi (9O 7 aeta 6/}71 7 g,R -A ar 7 97 Thank you. Pages attached: . _, . I ter, '03 HENRY P. SMITH President ,• TELEPQUO NE JOHN M.BREDEMEYER, Vice-Pres. ` ® ` _. rn `� PHILLIP J.GOUBEAUD �� � . (516)765-1892 ALBERT KRUPSKI,JR. 4-c-4' ELLEN M.LARSEN • Of� '- BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold,New York 11971 May 1, 1987 Mr. Roy Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, New York 11968 Re: Anthony Pisciotta, Windy Point Lane, Southold Dear Mr. Haje: The following action was taken by the Board of Trustees during their recent meeting held on April 29, 1987 regarding the above matter. WHEREAS, The Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, THE Board considered all the documentation submitted concerning this request, and • • WHEREAS, the Board made the following findings of fact: 1. By this request appellant requests permission to construct a ' I ' one family dwelling, sanitary system, and driveway'.'' 2. The subject property is located on Windy Point Lane, Southold or more particularly identified on the Suffolk County Tax Map as: 1000-78-6-3.1&2. NOW, THEREFORE BE IT RESOLVED THAT En-Consultants, Inc. on behalf of Anthony Pisciotta be and hereby is granted a Waiver of the Wetland Ordinance as requested for the construction of a single family dwelling, sanitary system, and driveway as per the survey of property at Bayview Dated January 16, 1987. A 50' buffer zone is to be maintained on the property. Property is located on Windy Point Lane, Southold. In considering this determination, please be advised that this is not • • a determination made for any•other Dept. that may have jurisdiction in this ,:,,•::„,(,:,{,,,, ; ., matter.,, oKs.ase return to the,.Building ,Dept.; for( the ;need pf anyy;1,gthx,,, qwn.;( ,;:1 r{,{i r.,,. 00, ., •. Permits that may be required prior to the commencement of the project. 'h'P+•N1'p If „ iIP'I',I;t i .1 � 4( ' NL a r.. • • ,. , hF,;. ,, y pi I•,F ri a ,•1{1.,pi „i t, < ; , I qIt1 t 'u.4 , i ' 4111, 111. RESOLUTION - EN-CONSULTANTS, INC. FOR ANTHONY & ROBERT PISCIOTTA LEAD AGENCY DECLARATION for: RESOLVED that the Southold Town Trustees declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the application of Anthony & Robert Pisciotta submitted by En-Consultants, Inc. for a Wetland Permit on certain property- located on Windy Point Lane, Southold. .y„ib.pf+i�t(li ri• i1400'11+nn011-01+31'-•I1f-tf lPtlavi! AP-'v,:Rfr•a-U 0r-lt,th90 ttlo .00011t0. a ,. .'t.06 Ir Ilt 411»1t $•tidi`:H[iitm .f 1P•d.ili 3, 'I' fl'H rV711, f010 .t.•Pv; i,11 ,f'1,9 I•. It .ii t;' t . n ;p 1.1 i' ' t'tl!'''F'-` ti . o3"I! :I t- . A'13, •, E. n, • tt . l It welt h, :14' Q , I.]_ �� H ' I 'l 4'.. . c 00 9 ?. '69. TE , /l/ e� 0:-...-°.--- (- R �O mil a� rF 00 M4:4#005, f l �� Cp ' /ryc' • /2 0 Ni O � "046, (468 op, p qR s \ Q / ! e`49 '�S- / \\ •- O Q 40 J TIAc�0 � �! � ,J ,,„ii ,,, ;�li rt/1,, 4.,,,,,o,,,,,; d, :1I,Ii ,i •t! , ,`i" -. U(4 1 ii°: t i t ,t�t", I .i,Rvl4;. $'I Ill "ICI I 6, i r , r i ri rI r H it �,'ri t I xi.co rii l ,-a u; t,ttt It. , "U a. \ F4 / ' ,s;8 CI 44/ ""4de �r \ e< .7 O Ngo 00„ DETER `O Q ,2- 9? TEST HOLE D0,4- brown '�/CC, � s,My /own /Oy 2- o A. 0• 10" ( E .i-:ch O well Grown 04,E< a , e,....-3,,,,„ N =' sonar 2�r ..„ 4 RoT /(`?9 ,.4.ti The water supply 8,sewage disposal sys- • nr�✓'m ) •yy 6' �s, _ terns for this residence will conform to tae • Q fpnct(. _ - Ob �i a standards of the Suffolk County Depae- Water ,n - anent UFFOLIC cc."'-'e r''6w4a c 'T OF HEAL°cf4Rbi<< I Q of Health Services, brown 4 •,, ;onar`m FOR , - ,,_iAL C•*`G N I TION OhILY E 4.5' Pia lei-,n 4 ..s. .sorrel DATE HS G?t . O. -- .sand 9' Water "' SUR EY OF PROPERTY brown APPROVED //�� AA�/�/ �p� veru {she• • At El H I Y IE YY 'Jap 2'S -- ' 14' Prepared in accordance with the Ininiinum Water ,n standards for title st,reeys as established by TOWN OF SOUTHOLD brawn the L.I.A,L.S. and approved and adopt n.rse SUFFOLK COUNTY , N .Y. sand ,20,Bfar such use by 7h9 New York State Land Title Association. 1000 - 078 - 06 - 3.1 a 2 • SCALED' . ro" ME '''.� - • - ' JAN. 16 , 1987 - - . . • . ,�o..0 Td,S,, Fes' i ti rU ,• C 7 •A• , t� ,i . r ,, •Ir, I44,., , r ,i i, 3,{,:i s, . iu qv,,,Zi r„ •,t,IN. I .14, 'iet+,lt4ll:d l,.' •mu,i GI4w _ �� `&Ii,'_les ex.y� * - ••la&I =p/opasec! e/eva-" . �� .Y - :LIC- N0. 49618 Visi " - -- =pray Sed cor/O . PECONfW '°S a ENGINEERS , P.0 P.C . ELEVATIONS ARE REFERENCED ' ( SI6) 765 •—i 0• ' 'TO AN ASSUMED DATUM !;u,,. ,:•r- P.O. BOX 909 _ ,MAIN _ROAD WELL 8 CP. LOCATIONS AS PER OWNERS SOUTHOLD, N Y. 11971 86 - 824 r 1 fi-O D /6 7(4)4 :1; f4"j' jb 2tQi7 /al/' 14 M& aJ "7 T /411/P429 V, .r aii 7 /uc tC ,44671i go - -- 7_ 7.�cfC IA) 7Z- Oelk_ r \i AREA TO MEAN HIGH WATER LINE: 19,863 S.F. = 0.456 AC. ELEVATIONS ARE IN N.G.V.D. 1929 DATUM. PUBLIC WATER AVAILABLE. PROPERTY IS LOCATED ENTIRELY WITHIN ZONE AE (EL. 8) PER FLOOD INSURANCE RATE MAP NUMBER 36103C0166—G DATED MAY 4, 1998. 47 PROPOSED LOT COVERAGE: 1,710 S.F. = 8.6% I .WELL e-94/.0 ��� CERTIFIED TO: WETLANDS LINE `)-4/0/y AS FLAGGED F'� /�. BY EN—CONSULTANTS 0c0 of, ON 09/12/2001 i��� �tiF F''z)- �—Qp � Co •v^ b/'c`p /!� NYODEC / 1S c � s 6'011, 414p/17'O. A�,a,��ygg� (�y �r�It �� 5 EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED YARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT _ THE TIME OF THE SURVEY. O O�� �(�/4\4. .3 ;N l` ,s,.,,, -4,, f O ' �� ����$�g��� ®� ( GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON(S) FOR 0�'' /p" V O� c V• .04, , _____03 -D��J-5- �D�/ WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITCOM- NV VO' 4\, /9''� \ -� �4F� C" ���� ��' PEi MIT UU PANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTIONS LISTED HEREON, 3 O /' k 6— AND TO THE ASSIGNEES OF THE LENDING INSTITUTION GUARANTEES ARE �� �� ' , , I\ \_ w 6' w, DATE (o NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. �e A J THE OFFSETS (OR DIMENSIONS) SHOWN HEREON FROM THE STRUCTURES TO �1� / `� Sp. .' l�O /^ - THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THERE- \-- ti Q •L.,,-,J, '‘(/ ( / FORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES, RETAINING WALLS, POOLS, PAWS,G r���Q $11 P" a♦ I -)'")s-- \.) » ���YYY ANY OTHER CONSTRUCTION PLANTING AREAS, ADDITIONS TO BUILDINGS AND '�z ti�` '� • ;,��' #9 `b ootid /-yo , 4 s Nn'") / �'P 4,,,... / JOB NO. F3619 CO ti"� O ''0,r l 6' e (0 ,,,,,v��� ry (� • A- O�. ' I. / / ��ti� REVISIONS: O� NEW y J QQQ 14 *, .. �\ ,•` ` O��p�h p. / ® WELL• TEST HOLE L 99/29/2001 DS FLAcs kV. c 4, ®•' P h /,% `� \ �Q �,} 5•e-.';°0 % / w CP (EL 5.1) REV PROP. HSE 10/10/2001 �G ��,•. �Sl. ��� J#8 O/O w �A�Op oR�/o,s / —1, BROWN SANDY LOAM SET LATH FOR DEC 10/13/2001 _ i�', ; ,P. .4)O�/ AS), O * OS O / O REV 10/26/2001 /, ��ti�/•� �]� O .Q Fid FOS / / / 3' J� BROWN LOAMY SAND SET LATH FOR DEC, ADD T H & it 5/` i� 7,97674,/� IJ, 4 8_ cb Z/N� $ w �O -3' NEIGHBOR'S S/B's 12/26/2001 1iill BROWN CLAYEY SAND ra. ,., •� / << Q REV 01/15/2002 (—4.3' (EL. 08) ADD BUFFER 01/25/2002PROPOSED E6 26-' // WATER IN ADD DRAIN, REV DECK LCC s O 10' 20' DECK ` ' SAND AND BSANDY CLAROWN Y o3/ot/2oo2 LAFI i MON`OkG / 9O F' I• NUMBERED( T)I� WELL i / F Q -1�' NOTE (2 STORY) 04/03/2002 'O _L _ %// / ��/ (Q OO� WATER IN PALE BROWN REV PROP DRAINS 05/03/2002 0 �" /ACAP,'T 't,i00 0 • �CA • J' ) �l 4 �j/ L 2 s / –19' SILTY SAND _ nse no. 0•_01 .9 PROVIDE. + #� \ 2• . // // 3 O WATER IN PALE BROWN• SURVEY OF 4,, / 1 1,000 GALLON 1 <rj / / —25' FINE TO MEDIUM SAND p ��"� �'�'o� (5) 8E0TIC TANK 'sos �( ` %P��(\, DESCRIBED ► ROPER71' %5F O �,o so LEACHING POOLS / f. jii 0 , 400 '1'04,O OB„jO ROOM FOR 50% EXP �� 0e, . / SITUATE A T SF 4' `LqT BAYVIEW tioT��y �. �o� ti �_ I TOWN OF SOUTHOLD GST a� SUFFOLK COUNTY, NEW YORK a • /�^ W ,' '"OD SCALE. 1”=50' DATE. SEPTEMBER 30, 2001 ::-..1 j 6 3 II S C.T.M. DIST. 1000 SEC.078 BLK.06 LOTS 2&3 b 1‘ ii 41. z6 ;, E �-�R .� T q R e6 I 107-4 ' ,,. !h way r - < < i Ha,#.(631) 1'8 N.Y.5330 `46 I Marc E. Charest, LS. Successors to Paul T. Canalizo, L.S. Robert A. Kart, L.S. S C.D.H.S. ENDORSEMENTS Good Ground Surveyors, P.C. L 6 '3b a� - 7-------__ 1-!!jr::../ 3 'tip % 3 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES JV4A' "4E-vv JQoO A nl S di..,.. 0 � � ,_, - fi . , 0 , I \ � ► , (4, M _ Cr- 6LT A-1 I o00 -7 8'L, - I s5`J0QI " 16:7,c,-cam If (---IS . ,..4 b..1 F',10 FNa-I o 6.1 I , pc!GLI5 -®EL 5.1 14-4.5° E,-5.."7- ' I , IA N O T E S : TEST HOLE N� Q -roe F,+o EL9.Zs �' x X6.7 0 1) SAME AS DIST: /GOO,SEC: 7D ,BLK: C- TOP OF T.H. eL 4Z �2 il- I �� LOTS 2 3.I ON SUFFOLK COUNTY TAX MAPS. s r !U r ` lc I 2) THE EXISTENCE OF ANY RIGHT OF WAYS AND OR EASEMENT ` tz- 32 N D OF RECORD,IF ANY NOT SHOWN,NOT GUARANTEED. tir 3 c a• I '� I 3) ELEVATIONS ARE SHOWN IN C SEE N. -.11-6 1-) DATUM. 0 z st- \ -' t al , l 1 \ ., • to k 11 1 V I " � wa Q O % -3 u* F ...L........ V O \ r. 1 .UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THIS SURVEY IS A VIOLATION OF SECTION 72II9 ,o1 - 3 \ I OF THE NEW YORK STATE EDUCATION LAW. SURVEYOR'S INKED SEAL.SHALL NOT BE s m r 'COPIES OF THIS SURVEY MAP BEARING THELAND c o - '� I I CONSIDERED TO BE A VALID TRUE COPY. , ) J , (1---.1 ! + "CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS `- 0 X 3 I PREPARED,AND ON THEIR BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING T 3 N INSTITUTION LISTED HEREON ,CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. , \ •• KK" o'P m w 3 0� 3y I e THE OFFSETS FROM PROPERTY LINES SHOWN HEREON ARE NOT INTENDED TO GUIDE IN THE 'a els.4 POOLS,BLDG.ADDITIONS,AND OR OTHER CONSTRUCTION. I%• s `-0 z _'•y R �/ r- �e� �/o�sEs -s•+ co gr... a ez w�ti o o ;I ERECTION OF FENCES,RETAINING WALLS, I// � ,( //� fp�.s•e Q+s1,,•_ q alae 85 o.s•s X © COPYRIGHT BY ROBERT B.HOLZMAN LS.,AS PER ORIGINAL DATE SHOWN ON SURVEY. I O 'V S 7Rl.G NtoGE e.z•5 •IRGC y R.IQ.Ti� - , I�4�•.Z I � O� . c " ' t" ICo0.00 J,Y o3 GR..,"DR,,, , I 0� 3� sc.-p.-1 , 00- -7,5-a-4 . r I S U R �/ E Y cl ®F /VEy orsT�rc7 /000 secrroti► 78 Bt_oOI� T Cv LorS��/2y a �kr 1 B.Ho ro SUUF®L� G®`` U,!° • AX -- IAP � �/, SHo�N�./ ICIF?l= 1�1 NG�n 1X12Q t�ATJ�1 1 . ` r`x� .* ?ovJ/N o s,u-rNoL-c , SL1FFoe-,KCocJrvTY, dalicJYoR<. AS s�le�NN ofJ sem, /_'( 8� �rORSTflR sJRJ�,r�G ' C , �,' © BY ROBERT E. HOLZMAN L.S. 2o02 LAST RaVISi:D (v-3-0'2 ,�� ��, t� LICENSED LAND SURVEYOR , N.Y.S. LIC. # 49176 0 9g k 1205 WALNUT AVENUE BOHEMIA , N.Y. 11716 q '= - -AND PHONE # : 631 589 0261 FAX # : 631 589 4930 J 1 . coo !o- So-o2: .Fiva LOG. Lx d,i< Wen,..,ela. - DATE : sever. 15,2002 ��[SCALE : f 30' , FILE :1000-78-fo-2 Mul.11111H111111., / 6 )01 ie46. - -_ 1111 (197 11V 'NOV 2_2 2 /7 7 &- JL (7/777/ 4.- 77-45.'&e6 111 axMc 1W14-1e-'46116" / 7477L -- 44X4)16Are 47i) pc227 ' - ,r/ -7).5-77/ 1 ,165.27 /eW ' 64 V-"1i' 1 / -r / /&) - -/-7V;i-77071/'.4-a I/9.s.c4r777*7 7U /4&- ./V, 4.a? /e/ditee( -775,117 , o7h--e6/AP7)-iy_ iff xzxa ii4,e/04-ey - /e7.51-2-K --7z-xi-Ko' ce41069e,g7-?4 "4/A/ c6141.2g , >f4. Acf tziannks- - e Xeile /I-) '/ .2) /617t/6:5 -714/41/ • - 111 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES , .______ ......_...... , , AI�l 8A�\/i IF W R oP► '_` NOV ` 2002 7777 .__, ' ..El .• f I 1(� YM• . 1r i ,,. ,N,.. _, _ 1, -2.. L, , ,, . O [.0 SLTM I000 --lam `— 1 & I Cr- 557 0 o/ ' "� /Cov- I 1111111. �•.IS o FND Ho N I I '�Ee,.,„ 144.co etS.z b o - \ i 8 t_ o u N O I l'4_. ,re I NOTES : TEST HOLE -��fes° '.1El- I I x ��7 1) SAME DIST: /000,SEC: 76 ,BLK: 0o TOP OF T.H.: eL= ,.. Z '� LOTS 2S 3.f ON SUFFOLK COUNTY TAX MAPS. 4- , 2 s r , • J yI `" N ~ I I 2) THE EXISTENCE OF ANY RIGHT OF WAYS AND OR EASEMENT , N- ' I t- 32 I-• a OF RECORD,IF ANY NOT SHOWN,NOT GUARANTEED. o o -'- N ° s I ul a 3) ELEVATIONS ARE SHOWN IN(Sea N•Ta 4) DATUM. N� 3o o ri �\ t v _ Z ; z Q � m 0 . Ic I,,_ � 3,.�a Iyl N q Q P-1 mo 4 e Q �`p rLiiimmimmilirdmman 3 9 •• U t - - 1 'UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THIS SURVEY IS A VIOLATION OF SECTION 7209 g m \ 3 1 I OF OF THIS THE NEW YORK VEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL SHALL NOT BE ' SURVEY • o ; ti- a -- 1 LA I CONSIDERED TO BE A VAUD TRUE COPY. 11 ; i p� o J •CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS • �1 - `• o 1 / i I PREPARED,AND ON THEIR BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING 1 ¢ '- INSTITUTION LISTED HEREON ,CERTIFICATIONS ARE NOT-TRANSFERABLE TO ADDITIONAL 3 �' 3 i !} INSTITUTIONS OR SUBSEQUENT OWNERS. c� o� w • `�I ` I •THE OFFSETS FROM PROPERTY LINES SHOWN HEREON ARE NOT INTENDED TO GUIDE IN THE Z a 7-1:::11."--"Co lsw►� a o, - \ I,.Is gB z ti b, j Q0,,,./ o p NoJses I.s•� CoMc- R..T. WAti 1 r o o \ ERECTION OF FENCES,RETAINING WALLS,POOLS,BUx3.AF)DITIONS,AND OR OTHER CONSTRUCTION. Qc COPYRIGHT BY ROBERT B.HOLZMAN LS.,AS PER ORIGINAL DATE SHOWN ON SURVEY. TRFx 5.4 A HcoGt e.a•5 TRtGy R.R.TlG _ __ ��•.Z 1 sqo 01 'oo " w sia ��o.00 I S U R 1/ E Y IA!' GA...,"DR,JE I t,,+, .15 GA...," ,c---r.--/ /000- •78-G-4•/ N R tf .- OF N,E'y4, DISTr_icy /oce SE=G77o1.1 78 SLOGk C' Lo -2 c 3 �75 y �� o�� SvFFor� GOLIA/TY TAX �✓!A r N e..-re s c-oNT. SOFFoc-14 cocJNTYyNak/YoRk A-- � �/, SHoWI./ ARe. 1i.1 NGdt, Ig2q PATJ1f �- + _.` ?ov�/N o� �cJTNo�p, pS 5�,,,vrJ o/J S)l /& 8� 1JORSTFiR sJRc/e�n/G P.C. ' n\, -�,.:,, 4., �:-�. 2c © BY ROBERT B. HOLZMAN L.S. 20,92 L-R -1-' Rad/ fl 6,-3-a2 1,u4,�ri9176 �J� LICENSED LAND SURVEYOR , N.Y.S. LIC. # 49176 SAND Sv 1205 WALNUT AVENUE BOHEMIA , N.Y. 11716 qU , / l 1.- 1- c),- - PHONE # : 631 589 0261 FAX # : 631 589 4930 V) 10- 3' -02: rr0_LOG 4 L...enc. ba< wa..",wrc.. - •� ' D(�J DATE : 5epT'. t31`2,002 SCALE : f" = 3a' 1 FILE :1000-78-G-2 ll v { PROJECT I D NUMBER SEQR 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-Project Information(To be complete by Applicant or Project sponsor) 1 Applicant/Sponsor 2 Project Name 3.Project location: Municipality County 7-x SAP 1/4e�0 J c ' YP Phot 61 ,fcv//C ei . Jr.osarirvieb AlY 4.Precise location(Street address and road intersections,prominent landmarks,etc or provide map) J/F© A iN1 y 12T', iei / --g-6 ® /1a4/1✓674yv< 1- W S 1C)-A4157 . c ,v'/tCc4 . o•/hi4"i4oyvii W ?&fr 'r,r- 2 reo <✓_ 5. Is proposed action. ( )NEW ( )EXPANSION (- MODIFICATION/ALTERATION 6 Descnbe project briefly: ,/ �{ ��� /- -be e /1t / 217 A/7 Tdee(ilT a/f/III 'eY���77%4 3W6 t - 7.Amount of land affected: Initially: acres; Ultimately acres 8.Will proposed action comply with existing or other existing land use restrictions(' S ( )NO If No,describe bnefly: 9.Wh t is present land use in vicinity of project:(describe): ( Residential ( ),Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other f%l iA4, b 0/7-4 (, Ci-/2t 126c/Pc-71)7741 thcJ{ S' 40/771,- r,,4; )Airthileter j 72ePt rlid4// Imo, a�" WI e/e 1i1//4 ,riGiac - 10. Does action i volve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? ( )YES ( NO If Yes,list agency(s)and permit/approvals 11 Does any aspect of the action have a currently valid permit or approval'? ()()YES ( )NO If Yes,list agency(s)and permit/approvals. 17)i�' oroQ44r1�/ t/veila1fl 12.As a resul/of proposed action,will existing permit/approval require modification? ( )YES XNO If Yes,list agency(s)and permit/approvals. I F-rtify that the information provided above is true to the best of my knowledge ---- Applicant/Sponsor Na i-? �� Date: AP/'v" Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: kre 7 Oe IA)44,D (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 1� Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person. Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation), B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t ' day of 'i 2�ee Signatu Print i e: Af r/riL 4 a FORM NO. 3 NOTICE OF DISAPPROVAL ATE7Octob —1;2Q02 TO: Anthony and Robert Pisciotta(Werthner) 180 Private Road#12 "Windy Point Lane" n (V Zo 2 CO Southold,NY 11971 b Please take notice that your application dated September 26, 2002 For permit to construct a deck addition to a single family dwelling, currently under construction at Location of property: 180 Private Road# 12 aka Windy Point Lane, Southold, County Tax Map No. 1000 - Section 78 Block 6 Lot 3.3 (±-1-- 3.9 Is returned herewith and disapproved on the following grounds: The proposed deck addition on this non-conforming 23,522 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXVI Section 100-244 which states that non-conforming lots, measuring between 20,000 to 39,999 square feet in total size, require a minimum front yard setback of 35 feet. Plans note a proposed setback of 26 feet. Currently, the applicant has an open building permit application to construct a single family dwelling with a front yard setback of 33.7 feet,based on the average front yard setback of surrounding structures and certified by NYS Licensed Land Surveyor Robert Holzman on his survey dated September 13, 2002. Total lot coverage, following construction,will be less than 20 percent. u a ./el Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file,Z.B.A. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/23/02 Receipt#: 2140 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 2140 Total Paid: $150.00 Name: Werthner, Edward Po Box 450 Jamesport, NY 11947 Clerk ID: LYNDAB Internal ID.63670 COUNTY OF SUFFOLK RECEWED 40,U ,, .� Tv, '� APR 2 5 2003 ZONING BOARD OF APPEALS ROBERT J GAFFNEY SUFFOLK•COUNTY EXECUTIVE THOMAS ISLES, AICP DEPAI-IMENT OF PLANNING DIRECTOR OF PLANNING April 21, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ,I , "Breezy Sound Corp.* 4942 —Bell (David) &Buckheit(Richard) 5192 Werthner, Edward 5248 -ierzog, J & C 5250 'Papadopoulos, Spiro & Irene 5260 --Lemmon, Gerald 5268 vBrown, Lyons III 5274 Sang Lee Farms* 5324 *With the understanding that premises will be encumbered by appropriate developmental restrictions,particularly as set forth by the ZBA/considered acceptable to the applicant. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNYIZONINGIZONING\WORKING\LD20031APR\SD4942 APR LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6 100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER(5 I 6) 853-4044 APPEALS BOARD MEMBERS ,r �y$VfFO(�►GO �� �O p Southold Town Hall •Lydia A. Tortora, Chairwoman y1 53095 Main Road Gerard F. Goehringer P.O. Box 1179 George Homing ;4 •F�� Southold,New York 11971-0959 y� Ruth D. Oliva = lJo a0./ ZBA Fax(631) 765-9064 Vincent Orlando '.l * ." Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 15, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. — 5248 — Edward V. Werthner Action Requested: Covered porch addition to new dwelling with front yard setback Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. , If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lydia A. Tortora, Chairwoman By: Enclosures SOUTHOLD TOWN BOARD OF APPEALS TRANSCRIPT OF HEARINGS HELD FEBRUARY 6, 2003 (Prepared by Jessica Boger) Present were: Chairwoman Lydia A. Tortora Member Vincent Orlando Member Ruth D. Oliva Paula Quinteri Absent: Member Gerard P. Goehringer Member George Horning PUBLIC HEARINGS (Adjourned from 1/16/03): 6:30 p.m. Appl. No. 5248—EDWARD WERTHNER. CHAIRWOMAN: The last hearing we had asked for a reconstruction plan landscaping plan and I have a note in the file indicating that a landscape plan was prepared by the clients I have a copy of that here attached and would someone like to speak on behalf of the applicant? PATRICIA MOORE, ESQ: I have Mr. Werthner here, Mrs. Stegner is here who is the owner of road we seem to have worked out all our misunderstandings both sides so I believe she's satisfied with the landscape plan Mrs. Cook is across the street,Mrs. Stegner is here and Mr. Wetherner is here and everybody is getting along very well and I think we've worked everything out and we'd like to just keep this is the landscape plan that's the minimum but we are still leaving it open that after the house is completed there may be some adjustments to it. The reeds are choking out some of the plants that could have grown there and it's possible that that might be removed and replaced with landscaping but we don't want the Zoning Board to be in the middle of it,we'd rather work it out`on our own. Once the house is built you have a better sense of what additional landscaping may be required. CHAIRWOMAN: I think we pretty much covered the variance aspects of it at the last hearing. Is there anything else you'd like to add Mrs. Moore? MS. MOORE: No thank you. CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? You have seen the plans and I hope it's reasonable to you. It sounds like we have a good agreement here. likPage 2 11111 February 6,2003 Southold Town Board of Appeals Special Meeting Public Hearing MEMBER OLIVA: I looked at the landscaping plan. It looks very nice it you want to dig up those fragmites I wish you lots of luck,but other than that, I think it looks much better. MEMBER ORLANDO: No questions everyone's in agreement, that's fine by me. CHAIRWOMAN: Seeing no hands, I'll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION ***** 6:45 p.m. Appl. No. 5259 -Estate of MURRAY SCHLUSSEL CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? The attorney has requested that this be adjourned to March 6 at 6:30pm so I'll make a motion to adjourn the hearing to March 6th at 6:30pm. ***** 6:50 p.m. Appl. No. 5260—SPIROS PAPADOUPOULOS CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? MR. PAPADOPOULOS: Someone was supposed to visit the site and I'm here if you have any comments. MEMBER OLIVA: I did. It's very difficult from your survey to see exactly how far you are from Inlet Drive. It looks to me you are just about on the street. MR. PAPADOPOULOS: It's about 25' from either side Inlet or Manhassett Ave. MEMBER OLIVA: How much room do you have in the back by the swimming pool, you have a grassy area? MR. PAPADOPOULOS: The cesspools are there. There's one cesspool on one side and there's a cesspool on the other side. MEMBER OLIVA: The only other spot that I could see it could be less obtrusive would be where you have the trees and the little wishing well, to move it back there. MR. PAPADOPOULOS: What is the difference? MEMBER OLIVA: Because the ZBA has never granted a gazebo in a front yard before and it does set a precedent for us even if you move it back where the wishing well is, it's still really in the front yard because you have 2 front yards but at least you can't see it quite as much. Page 2 of 12 Page 9 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER ORLANDO: I'll take another look as well. MR. STRANG: Because I recall it being pretty level as you pull in there. The grade next to the house east of the driveway is elevated and there's a retaining wall there with stone decorative landscape wall and some plantings and the like to the west of the driveway and the land falls off to the east of the driveway the land falls off a little bit as you go toward the wetlands,but I believe that driveway is relatively level. Unfortunately there'ssino topographic data on this survey that would help. MEMBER ORLANDO: I'll take another drive by. CHAIRWOMAN: We will close it to verbatim and could you have that plan to us one week prior to February 6th so the board can review it. An alternate parking plan. PLEASE SEE MINUTES FOR RESOLUTION ***** 9:55 am Appl.No. 5248 - EDWARD V.WERTHNER. This is a request for a Variance under Section 100-244, based on the Building Department's November 20, 2002 Notice of Disapproval concerning a new single-family dwelling, under construction, for the reason that a portion is less than 35' from the front property line. Location of Property: 180 Private Road#12 "Windy Point Lane", Southold; Parcel 1000-78-6-3.3 (2 and 3.1 combined). (Setback to bulkhead meets code 75', confirmed by Building Dept.) CHAIRWOMAN: Is someone here who would like to speak on behalf of this application? PATRICIA MOORE, ESQ: Good morning. It's nice to be here when I'm awake. Just so you know I don't want to go into the nitty gritty details but see the size of this file? This is the Werthner file from the time he went to contract to purchase this property to today. This property has gone through DEC, Trustees, and Health Department. It started out as 2 separate lots, Broshota owned the property and it was 2 lots. Mr. Werthner bought it and merged it and it's 1 house on a combined parcel of the subdivision. What occurred is Mr. Werthner after all was said and done he is the general contractor on the house he is building the house himself and he hired a mason to pour the foundation and when the foundation was poured, it was properly staked, the surveyor had properly staked everything, the mason accidentally misread the stakes and put the foundation too close to the road. What was to back up a little bit we have an average setback from the road because of the location of all the other homes in this neighborhood. The average setback originally if we took into account right next door is a garage, a large garage that has got space above it it's a 2 1/2 car garage, larger than the house itself is only at 15' from the road. The road is actually a 50' ROW, but the opening, the opening of the road actually allows for another 20' of front yard to Mr. Werthner and some of the other property owners along the same side of the street. We originally thought there was a front yard setback of 26 but as it turns out,because we can't use the garage, it was a front yard average setback of 33.7. So we had an average setback of 33.7. When the foundation was poured, it was poured at 32.7 it was 1' off. That would not be too significant except for the fact that this house has a small porch on it. It's a Page 9 of 128 Page 10 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing relatively simple narrow house because again it has to be setback from the wetlands. I asked Mr. Werthner to get for me the drawings of what the house is going to look like and you can see and I'll send it to the board the extra 6'8" of porch is what brings the setback to the application number. I'll go back to my files. You can see that this is a relatively simple case,but it has a little porch that's the only unique architectural feature. -— CHAIRWOMAN: What's the date on the plans? MS. MOORE: This is the plan they got the Building Permit for. The date on the plans done by Donald Neck, I'll give it to you so you'll have it. There's got to be a date on it. CHAIRWOMAN: Is there a reference number on the plan? MS. MOORE: Well the Building Permit. I think you have a copy of the Building Permit in your file. That Building Permit was obviously stopped. BOARD SECRETARY KOWALSKI: The date of the plan that states revision is July 20, 2002 DRK consulting engineers. MEMBER GOEHRINGER: May I see the plan? CHAIRWOMAN: Continue. MS. MOORE: The circumstances here really we had the option of removing the entire foundation and starting over over this small deviation which would have been a hardship for him in 2 respects one is certainly the cost it would have been 10-15 thousand dollars to remove the foundation and pour a new foundation with no assurance that we could get any of it back from the mason, they make boo-boos but try to get money back that would be difficult, it would result in litigation and quite frankly that's not a lot of money for litigation costs, it would have been all eaten up in legal fees. More importantly in removing a foundation, it results in affecting the soil condition and you end up with the compaction that's affected and you end up with cracks in the foundation so any time that you contractors are often faced with this situation, you really think twice before tearing up a foundation because it never works well the second time. You have a lot of activity with a bulldozer and to get a contractor to really do a great job on compaction, it's a challenge and given the great cloud that he's had over this property, we knew that if anything could go wrong, it would go wrong. Given those 2 important reasons, it has created a hardship that the Building Department in consultation with Mr. Werthner said listen go to the zoning board, it's a relatively reasonable request the character of the neighborhood, homes are much closer to the road I ask all of you to go down Windy Point Lane and you'll see for yourself, this house actually looks out of keeping with the rest of the neighborhood because appears to be 50' back from the road, not because you have 20' of road and then you have the extra 30', some feet of setback. Visually, it does impact the neighborhood and we would hope that given all the circumstances, even though it was self-created hardship in that it occurred by mistake he was the contractor,he was not the guy who poured it and unfortunately he has to deal with the circumstances. Page 10 of 128 Page 11 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Okay, what I have here is the building permit was issued for the house it was not issued for the porch foundation and that was based on the average setback on the same side of the road per code not across the street per code. The setback that was approved with the building permit was 33.7. That did not include the porch, though. MR. WERTHNER: Because of the calamity of errors that was happening, and I needed a place to live. MS. MOORE: He's homeless. He sold his house and is renting from place to place. MR. WERTHNER: I'm renting on a month to month lease with somebody right now. What I said, the building depaitment said well why don't you apply for a variance for a later date for the porch this way at least you can in and get yourself organized, get the house built and then proceed in that fashion. I went and had a surveyor get me that average setback from the other homes. MS. MOORE: I'm just showing you that across the street is relevant in that you are going down the street and you are looking at both sides of the road. We did not use across the street for the average setback rule,but as far as the character of the area,my point was that both sides have very close setbacks to the road. CHAIRWOMAN: Essentially, what would the setback that you would be looking at? 25'? MR. WERTHNER: That's correct. CHAIRWOMAN: The only comment I have is that based on your own information and based on your own expert testimony, you've stated that the average setback on that side of the street is 33.7 and so the foundation obviously 1' errors occur. The board has never taken a hard or unforgiving line on such a thing, however, the porch would be forward of the existing setbacks on the road- on the same side of the road. Let's see what the board members have to ask. Mrs. Oliva? MEMBER OLIVA: Does the porch have to be 6'8",could it be just a little bit smaller? MR. WERTHNER: I talked to the carpenter people and they said we could take a foot off which I think could maybe make a difference, 26' setback. MEMBER OLIVA: I know you're constrained because of the wetlands in the back that's why you're 75'. MS. MOORE: The error has been to the benefit of the environment and that we pushed away from the back. The DEC and Trustees would be thrilled. MEMBER OLIVA: It's an old Trustees permit though. Page 11 of 128 Page 12 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. MOORE: No, it's current. MEMBER OLIVA: You've got a current one,because all the information I have here is from 1987. MR. WERTHNER: 2001 I think. There should be one there. CHAIRWOMAN: Mr. Orlando? MEMBER ORLANDO: The original proposal, the whole house did fit on the property with no variances correct? MS. MOORE: Yes. The only thing that would have required a variance would have been the porch because it would be encroaching a little into the foundation area. MEMBER ORLANDO: Which is an afterthought. The Building Department suggested separating the two to make it reasonable to expedite the- MS. MOORE: Because they recognize that we it took a long time to get to this point. They were trying to be accommodating,reasonable. MEMBER ORLANDO: No other questions. CHAIRWOMAN: Mr. Goehringer? MEMBER GOEHRINGER: Although the building department takes that line rule of one side of the street if you were to take similar figures and take an average of the opposite side of the street I think you will find much different measurements. MS. MOORE: Closer. MEMBER GOEHRINGER: Yes. So if you are willing to go at 26'Mr. Werthner, I don't have any objection. MR. WERTHNER: By all means, thank you. CHAIRWOMAN: Mr. Horning. MEMBER HORNING: When you say you can make it 5'8" and drop the foot. CHAIRWOMAN: It's at 25.8 now? MS. MOORE: It's 25.9. I did it back at the office. 32.7 plus 6.8. Page 12 of 128 Page 13 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Okay let's see what develops. Is there anyone in the audience who would like to comment for or against this application? Yes, would you come up? PATRICIA STEGNER: I'm Patricia Stegner. I live at 470 Windy Point Lane. I own this private road that's in question. He's abutting my property. It's a 50'road by about 479'long. I pay taxes on that road. I don't understand how this all came about. I thought he was 70' away from the water and that would have given him 35' from this private road and with the porch I thought he was taking the porch out and it comes to like you're saying 25/26'. It's right here. I don't understand they are blaming the foundation man,but it's right here, all these measurements are here and I don't understand how he didn't have to go for a variance before and I was never, we went through a one Trustee meeting and we never were notified of any second meeting and at that time, Mrs. Cook here had a question and we thought it would be brought up again and we never were notified a second time and I don't know if you want to look at this. MS. MOORE: What survey does she have because it should be 75'to the wetlands. CHAIRWOMAN: I believe this is the same survey that's in our I believe what we are looking at is the North Star survey. MEMBER ORLANDO: It looks like the survey submitted to for the building permit. CHAIRWOMAN: The survey that you presented does show a 75' setback from the wetland however the survey does show a 26' setback from the ROW. Really what are your concerns as a neighbor what are your primary concerns? MS. STEGNER: Whether it's a private road, or I thought the rules were 35' setback and I feel that it's going against the rule number 1 and when I came in here I thought it was 2 Y2' I'm not going to tell him to take up his foundation for 2 %2'but now he's putting the porch back on that side, he's got plenty of property on the side that he could put a porch that would -he's getting that much closer to our road, and meanwhile I've never been taken into consideration on on a lot of things that have been going on when it's my road and I had 2 trees taken down, we need access to the property,but when they put the wall up we didn't realize it right away, we figured well we have a cherry tree left that blocks the sound and light from the main road and gives us a little more privacy and a number of drainage issues. I've got 2 nice big trees that will help with that. They had cut around the roots of the cedar tree and it toppled over in the wind so they really weren't taking any of my property into consideration. MEMBER ORLANDO: So you are saying the cedar tree was on your property? MEMBER OLIVA: It's on the road. MS. MOORE: It was on the road. CHAIRWOMAN: You're concerned that they may have alternate area. Page 13 of 128 Page 14 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. STEGNER: We're concerned that that portion of the road was an area for drainage, sound and lights from the main road all that was you know- MEMBER ORLANDO: Was there an association? MS. STEGNER: We are all good neighbors and you know we help out. MEMBER ORLANDO: If there was an association, I thought they would help with the taxes on the road. MS. STEGNER: No. MEMBER ORLANDO: You carry the brunt by yourself. MEMBER GOEHRINGER: Ma'am how wide is the actual pavement on the road or the- MS. STEGNER: I guess we maintain- at points it's 50',but where Mr. Werthner's property is it's about 16-20'. Like I say we kept it more rustic because trees and shrubs help with drainage and it also helps to buffer the sound of the cars on the main road and it gives us more privacy. MEMBER GOEHRINGER: Do you think in front of the applicant's property the width of the road is approximately 16-20' - is that correct? MS. STEGNER: The width of the road by his property is 50'. MEMBER GOEHRINGER: I'm talking about the paved portion. MS. STEGNER: It's not actually paved, it's a gravel road about 16-20'. MEMBER GOEHRINGER: I concur with that 16-20'it meanders back and forth. The ROW is about 50'. Therefore, that leaves 30+' to be divided on both sides of the property is that correct? CHAIRWOMAN: No, it's her property. MEMBER GOEHRINGER: I understand it's her property, but they have a ROW over it. CHAIRWOMAN: They have a ROW over it, but they don't have rights to- MS. STEGNER: Even with the ROW, I never was consulted until the bulldozers go in and he had planned a circular driveway originally and no one was saying Mr. &Mrs. Stegner can we do this even when they put the foundation I was under the understanding we would have some input and we are really ignored. MEMBER GOEHRINGER: What I'm trying to determine is that from the paved portion of the road to the applicants property you have basically 15'thereabouts- Page 14 of 128 Page 15 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. STEGNER: About 30'I guess. MEMBER GOEHRINGER: Of what we refer to as ROW that is unpaved is that correct? MS. STEGNER: Yes. CHAIRWOMAN: Is there anyone else who would like to speak for or against the applicant? Yes? DONNA COOK: My name is Donna Cook I live across the street from Mr. Werthner's property. I have concerns for and against it over there. I know Mr. Werthner is having a hard time I know he's really trying to keep things in compliance and get things going you can see from the stack of his paperwork over there. On the other hand I know my neighbors a long time and what's going on over there it seems like a real big lack of communication here. She does have 50' of road that she pays for. We were just talking about how many of it is not how much footage is not gravel road. At this point there's no trees there, it's just a big puddle so basically the whole 50' is just becoming road now and she's kind of getting the feeling that that's what's going to happen instead of having that big area that was all trees and bushes to attract all that water and allow it to seep back in without running towards the back of the property is no longer there and with the original plan she's afraid it's going to become part of Mr. Werthner's property to deal with as you will because that's what they see going on right now. I kind of feel for both parties here me being stuck in the middle I did kind of grant Mr. Werthner in order for him to get his Health Department permits I allowed him to purchase my well to get me on public water so he could get his Health Department permits. We're still waiting to get done with that deal it was supposed to be closed last January but Mr. Werthner's come across a lot of problems and he hasn't settled with me as of yet. I'm not afraid that he won't, so we've just been kind of going through the motions here but everything is starting the hang and it makes everybody in the neighborhood a little nervous. We just want the board to be aware that there are a lot of changes going on the property that should be at least discussed with the neighbors in the area especially since she owns the property that someone should knock on her door and go hi do you care if we knock down some trees or put my driveway here or whatever. Basically at this point there's been so much changes going on there on Mrs. Stegner's property that there are no trees there. There's one tree left there. I kind of feel for both parties here and I hope that everybody could kind of get together and come to some mutual agreeable thing here, at least to be able to speak to each other. I think that would be nice. CHAIRWOMAN: Thank you very much. Is there anyone else who would like to speak for or against this hearing? HOWARD LUDECKER: My name is Howard Ludecker I reside at 370 Coke Dr. in Southold. I also have a property on Windy Point Lane. Can I address another concern with this property? From the time the bulldozers have come in the property has been seriously flooded. A concrete retaining wall was put in which simply contains the water. I don't think the water has been drained for 2 months. I'm really concerned about an adequate septic system on that particular Page 15 of 128 Page 16 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing property. I've been visiting that spot since the 1950's it has always been very wet, washy point at the head of the canal we used to hunt turtles in there. I was really surprised the building permit was issued for this particular property and my main concern living on Corey Creek as we do that there'd be serious environmental impact if the septic system is installed and then doesn't function properly. I would invite the board to visit the site, it's a huge ice skating rink now. I think there's been irreparable environmental damage at a very critical location and I would just like the board to review this whole development project. That's all I have to say. CHAIRWOMAN: Thank you very much. Is there anyone else in the audience who would like to speak for or against the application? PETER MITSHUTSKI: I'm Peter Mitshutski, I'm the neighbor right next door to Ed's property. I think everybody has said what their concerns are and I think maybe there should be a little more communication between the builder and the people in the neighborhood. However, I think at this point, any improvement that he makes to the property is an improvement in the neighborhood. I think maybe that ought to be considered by the board. And that's about it. CHAIRWOMAN: Thank you very much. Ms. Moore. MS. MOORE: I just want to address a few of the complaints. To begin with I know I don't want to be combative with Mrs. Stegner. I know I've spoken to her a couple of times she's called me, I know Mr. Werthner's tried to talk to her. The ROW by law she owns the underlying road however we have to get access for construction purposes to get access to the property. She has the ability to separate the road, give it to or sell it to an association, create an association,have an association take care of the road so she's not burdened with the exclusive cost of it. That would be my advice to her,but she wants to keep it because she's attached to one of her properties to increase the acreage on her property. When I looked at the assessment rolls when I was giving the certified mailings I noticed that there had been a transfer to give the road to one of the lots. So it actually shows as an acre or whatever the acreage is - it's sizable compared to what the actual lot is. It's a benefit to her to actually have the road. But she does have to live with the consequences of owning the road which is having a ROW, others having a ROW, others having a ROW to cross it and use it for purposes of construction. As far as the flooding, the foundation was poured, the retaining wall for the sanitary system which was all engineered and approved by the Health Department was placed and then it started raining and snowing and we could not do anything. The Building Department said stop what you are doing and you stop what you are doing even though the consequences of stopping it the consequences are the property looks like hell and it doesn't look good right now. The water has frozen and you've got ice everywhere. It is not his doing, it's by compliance of the rules and the order of the Building Department. As far as environmental effects, this was reviewed very carefully by the DEC, very carefully by the Trustees, and the Health Department. We public water came in, people, Mrs. Cook wasn't connected to public water. We had to offer to pay for her connection to public water ever though she was doing a renovation and is in the process of doing a renovation, we caught her just before she had applied for a building permit and the Building Department I guess if she had said my sanitary's fine or my depending on the size of the addition, may or may not have had to go to the Health Department. But had she gone to the Health Department, she would been required to go Page 16 of 128 Page 17 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing to public water. This way she actually got the benefit of our paying for her hookup which is not an insignificant cost, it's about$3400. Again,we have complied with all environmental rules and all procedures. CHAIRWOMAN: The trees that have been cut down, are they within her 50'ROW? MR. WERTHNER: There were no trees on her property cut down because I told my contractor that. There are 2 trees that feel down in a northeaster back in December. It was probably due to some of the excavation, maybe some of the roots were cut. Other than that, there's reeds, there's loads of poison ivy which I have scars from coming in contact with. It's a real kind of a jungle there, it's kind of a mess. These 2 trees that fell were dying anyhow, they were entwined with poison ivy and other roots going up to the top. If anything it's going to be an improvement what I can see and as far as the septic systems, I was told it was probably going to end up costing $10,000 because I need 5 pools and I have to take out a tremendous amount of soil and replace it with that. And you know something funny, I never know that they owned the property until Mr. Stegner came out because we went out- does the map say she owns it? No. It's 50'ROW road. I never knew that was her property. And when they came up and asked me this I was totally taken aback. I was like oh my god how can this possibly be can somebody own a piece of property in front of my house when her house is 300' down the road, she's that far from the corner of my property. I'm going like how did I get involved in this. I couldn't believe it. MEMBER ORLANDO: Mrs. Moore, not to interrupt, we have a huge agenda today. Is it possible for you guys to update each other in the hallway and talk about it maybe negotiate, reimbursements, natural screening. MS. COOK: Actually I had another comment please if someone would care to listen for a few minutes, I would like to be able to address that. My building permit was issued before they applied, and if Mr. Werthner was not aware that Mrs. Stegner owned the road why did Mrs. Moore send her a notification of the zoning board? We also have pictures of the property where the trees came down the roots were cut it was green we have pictures in the summertime the whole thing was green it was not dying they were well aware that the property was owned by someone else. We did speak with Mrs. Moore, she said it herself at the board meeting way back when he was first trying to buy the property he didn't even own the property yet. She knew Mrs. Stegner owned the road, she discussed with Mrs. Stegner and her concerns about the road. The property floods always. It did not just start to flood when they started construction. It has always flooded and that's why came to the meeting to discuss flooding problems at that time and retaining walls and issues of drainage which is why the road isn't supposed to be touched. It was the only little bit that we had left that accumulated a lot of water from the road now it's everywhere. So all of these issues were brought up. This is news to me. About my well I own 2 pieces of property. They did not notify me when we had the 1st meeting because they notified Mrs. Stegner. They said well her property abutted his so they didn't need to notify me because mine's on the other side of it, but they did. The well that I offered him is not so I can hook up to public water, it's so I'll never be able to use the water on my 2nd piece of property which has another building on it. So I did not give up the rights to the well that I am using. I'm going to continue to use my well. I am not hooking up to public water. I am allowing them to purchase Page 17 of 128 Page 18 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing that well from me because I was going to hook up to it in the future when I was done with my own construction. All I did was allow him to purchase the well so that instead of hooking up that 2nd one in the future at that point I would need to hook up to public water. There were no favors done here and everyone was well aware of what the situation was in that area before this - property was purchased and I just wanted to make that clear to everybody. CHAIRWOMAN: Because we do have a very heavy agenda, let's- MS. COOK: The other thing is that the contract was supposed to be done with this well last January. The money was supposed to be released to me at the time we closed on the property and none of that has taken place a year later. Now I'm starting to get a little concerned about what's being manipulated in the area. I was comfortable 10 minutes ago, now I'm a little concerned. CHAIRWOMAN: I'll cut right to the chase. The property that the trees or anything that was cleared on her property please submit a plan for reconstruction on it. Please submit a plan for re- construction on it. Please submit a plan to this board to prevent any further flooding as far as the new encroachment into the area at 26' as I said before by your own testimony you have stated the existing setback at the road is 33 you're asking for a variance down to 32. You obviously have other options for a proposed garage. A certain amount of this is neighborhood dispute, a certain amount is very legitimate concerns which the board has not been aware of until this time. The ROW is her ROW. Yes you have access to the property, you do not have access to disturbance of anything in there. If you are aware of that now please make some sort of arrangements, submit those arrangements, work together and submit those arrangements to the board so the board can make a conclusion that a grant of this variance will not impact the community or be a detriment to under the standard. Is that okay? MS. MOORE: That's fine. We can provide what would be a landscape plan for the road area. CHAIRWOMAN: A reconstruction plan for any areas that have been- MS. MOORE: Keep in mind that before it was bramble and there were some small shrubs. CHAIRWOMAN: It doesn't matter what happened. It matters that it was someone else's property. We are going to adjourn this hearing. Anything else? MS. MOORE: No, I'll just give you the restoration plans. CHAIRWOMAN: To prevent further flooding and no further encroachment on the private ROW. This hearing will be adjourned until 6:30 February 6th MS. MOORE: It will just continue to look the way it does then because we've just delayed the hearing. Just so you understand, we can't touch the property. Page 18 of 128 Page 19 January 16, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. WERTHNER: Not for nothing,but the improvements have to be done and I still have 3 bulldozers in there. When I spoke to your husband, Dan- CHAIRWOMAN: Mr. Werthner, Mrs. Moore, we- MS. STEGNER: I'm not against Mr. Werthner building, I just feel that- CHAIRWOMAN: We understand that and between now and when this hearing is adjourned on February 6th at 6:30, Mrs. Moore and you and Mr. Werthner the neighbors are going to work out a plan to reconstruct that area to protect it to prevent any further flooding. We'll see you then. ******* 10:33 am A• a 1.No. 5227 CHARLES &MAUREEN BUCKEL. This is a equest for a variance under .ection 33,based on the Building Department's September 6,Notice of Disapproval. Ap►licant is proposing to construct an accessory swimmi :pool in an area other than a rear yard. L.cation of property: 2695 Little Neck Road, Cutch•. e 103-10-2.1. CHAIRWOMAN: Is s,meone here who would like to speak on b r alf of the application? CHARLES BUCKEL: I hive a couple of things to deliver to 's u. CHAIRWOMAN: Do you h.ve homework? MR. BUCKEL: I'm a teacher . • my students are prob. •ly glad that you are holding me up here. BOARD SECRETARY KOWALS Are they o 'ginal affidavits? MR. BUCKEL: They are original affida its I w: supposed to bring to you for the postings and the mailings. Those are the signed receipt t •se are the pictures that were requested. CHAIRWOMAN: We'll pass this down t n beard. Tell us a little bit about what you plan to do. MR. BUCKEL: I think I have a peculiar situation I have a rather strange shaped piece of property and by definition I have 2 froyards. Alt .ugh when we bought the property we thought we did. It goes for 450',but because there is small dirt road in the back called Rosen Road, it's an undeveloped road. In f let it's only on pap: , there's no road there at all. I'm trying to put a swimming pool in my quot backyard and I have 't got one. What I'm requesting is I guess to have my backyard redefin d somehow or another. CHAIRWOMAN: We have a re uest for a variance to locate t' - accessory swimming pool in an area other than a rear yard. We ad reviewed this and what we se- 's 2 front yards,by code. MR. BUCKEL: I understand, it seems a technicality. Page 19 of 128 N. ■ Complete items 1,2,and 3.Also complete X Signature 7 G%v` — /y item 4 if Restricted Delivery is desired. fri ❑Agent • Print your name and address on the reverse ❑Addressee pr)that we can return the card to you. B. R eived by(Printed Name) �C. Date of Delivery 11 'Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1'? 0 Yes 1 particle Addressed to• If YES,enter delivery address below. 0 No i; Stephen McConnell P0CKgly 23 ;Oneida AvenueA Rockaway, NJ 07866 I It cService Type Cal A Q. l Certified Mail 0 Express Mail A_ �q.i ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer frothervicelabel) . 7001 ;25 i.Clh0002 9603 6725 f PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509. 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 • PATRICIA C. MOORS ATTORNEY AT LAW , 51020 MAIN ROAD SOUTHOLD, NY 11971 • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 k January 14 , 2003 ie Southold Town Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re : Application of Edward V. Werthner Hearing Date : January 16, 2003 Dear Ladies/Gentlemen: Enclosed please find one return receipt card for the above referenced matter. Very truly yours, Patricia C. Moore PCM/mm Enclosures • -D jN CERTIFIEDMAI - 441 (Domestic Mail Only;No Insurance Coverage Provt.e. Ln ru -° o FT: F ll C ,6a w, E rn '� O Postage - -O ET' Certified Fee RIM 0 `)00 L ostm rk f.I Return Receipt Fee Her CO (Endorsement Required) c3 Restricted Delivery Fee (Endorsement Required) AA- risgeti. r-1 Total Postage&Fees Ui 11.1 Sent To Stephen McConnell ''q Street,Apt No, CI or PO Box No 23 Oneida Avenue rw City,State,ZIP+4 Rockaway, NJ 07866 (Werthner) PS Form 3800,Janus 2001 See Reverse for I r rzr& Domestic Mail Onl ;No Insurance Covera•e Provided co a rs- • ow Postage "} F� _0 Certified Fee ' j}stmar 11.1 Return Receipt Fee I 1'C ZQtfiere O (Endorsement Required) • 70:c �` Restricted Delivery Fee 2, O (Endorsement Required) r,� '41 ,a Total Postage&Fees i e u7 ru Sent To The Micciche Living Trust rl Street,Apt No., 0 orPOBoxNo. 89 Harvard Avenue C3 City,State,ZIP+4 P` Smithtown, NY 11787 (Werthner) P F.rm :It 0 ••1 See R- -1. • t i•nF U.S PostalServic CERTIFIEDaMAIL, : - s (Domestic Mail Only;No'Insurance Covera•e Provided F C.; 1 � � ®�hl fti1 Postage y \ t7 .D Certified Fee 0 20O2ostm Her k Return Receipt Fee O (Endorsement Required) Restricted Delivery Fee !� O (Endorsement Required) `a ¢sB gp Total Postage&Fees $ 4, Sent To Stanley Peters r-1 Street,Apt.No; 0 or PO Box No. 225 Williamsburg Road City,State,ZIP+4 �` Southold, NY 11971 (Werthner) PS Form 3800,:Janus 200 See Reve safer In i•me 'ostal icc CERTIFIED-MAIL,: — (Domestic Mail Only;:No Insurance Coverage Provided— a 0 m Postage f .� . Certified Fee 'D Lt11'-LC __ 3 , L 0 q atrk ru Return Receipt Fee O (Endorsement Required) `� Restncted DeliveryFee (Endorsement Reuired) Mk:f 61\ rq Total Postage&Fees $ I.L/ ru Sent To Donna Cook r1 Street,Apt.No.; 0 or PO Box No. 6900 Main Bayview Avenue 0 fL City,State,ZIP+4 Southold, NY 11971 (Werthner) PS Form 3800;Janua 11"0 a-.Reverse for Instruc6o .S. Postal Se t e— C.ERTIFIEDtMAILRE - .(Domestic Mail Only;Nb Insurance Coverage Provided Li) cr G: r Gc 11 A_0 Rh S E 171 .p..-, 971 p Postage $ , '_ `a IT- Certified Fee Iiir Postmar'. ru Return Receipt Fee p 7 Y 200ere CM (Endorsement Required) i,t Restricted Delivery Fee MIPAB 0 (Endorsement Required) fel N. a Total Postage&Fees $ y•7`b�u . '�^I � leu Sent To Constantenoss�Markotsis and Irene Markotsis oStreet,Apt. 40 Park Avenue or POOBox No.o. O r- City,State,ZIP+4 Hicksville, NY 11801 (Werthner P-'Farm M.80,Januarv2001 ' See'II-averse for nstruction- CERTIFIED-MAI, RE (Domestic Mail Only;No Insurance Coverage Prowl.e. a t~ _n ff ;,r 1 4 " s" L r ) ! �a® �yyyO t) a .._ � � Postage $ � p— Certified Fee a, D R stmark fl_I Return Receipt Fee f ECL'b UOZ ere (Endorsement Required) A JJ J Restricted Delivery Fee O (Endorsement Required) . O fi ;r a Total Postage&Fees $ i - 0 Lrl ti Sent To Dani?1,E. Stegner and Patricia Stegner r-7 Street,Apt No, ll or PO Box No 470-12 Windy Point Lane City,State,ZIP+4 r` Southold, NY 11971 (Werthner) P F.rm :Ir •n Ill R r` etT��ii9P L- 1 i ':COM'L SS • ! • r u- • •N D LVE' • Complete items 1,2,and 3.Also complete A. Sign- e item 4 if Restricted Delivery is desired. II � � 0 Agent • Print your name and address on the reverse /4I?")-41 ❑Addressee so that we can return the card to you. B. Received .y(Printed Name) C Date• Deli • Attach this card to the back of the mailpiece, 1,s °-22 or on the front if space permits. 1. Article Addressed to D Is delivery address different from item 1? EIYes If YES,enter delivery address below. 0 No Constantenos Markotsis and Irene Markotsis 40 Park Avenue Hicksville, NY 11801 3 Service Type IN Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail 0 C.O.D 4. Restricted Delivery?(Extra Fee) ❑Yes 2 Article Number (Transfer from service label), ; `_17001 2510 0002 9603 6695 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 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 • PATRICIA C. MOORS ATTORNEY AT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 I,c utll I,,.li.,,iil,l„1„,I,,,11,1„I,II.,,,,il,ll,.,,l,ili i iI :14 144: •u' .f[Y9X•111191 1 tKiliUI][414111:1�9x�31LoL�[•L�[0411,14a' ■ Complete items 1,2,and 3.Also complete attire item 4 if Restricted Delivery is desired. �� ^n ' CI Agent • Print your name and address on the reverse Ams )'v` °% Addressee so that we can return the card to you. Received by(Printed Name) C D•te of Delivery • Attach this card to the back of the mailpiece, 7 or on the front if space permits n �O n3 D. Is delivery address different from item 1? • Yes 1. Article Addressed to. If YES,enter delivery address below: ❑ No Donna Cook 6900 Main Bayview Avenue Southold, NY 11971 3. Service Type ®Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O D 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label); 7 0 01 2 ,10 0002 9603 6701 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 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 • PATRICIA C. MOORE ATTORNEY AT LAW 61020 MAIN ROAD SOUTHOLD, NY 11971 tL)u-El-L k/A t,l,It►,�Ilt�t�tii�,�is„tl,t<<1>1�,,,�,ti,lt,f„1►lft�„��I�lt - NDER: COMPLETE THIS S • ' , _!Iul»_t41_Cf6____[eA____ s1L__ • Complete items 1,2,and 3.Also complete A Sign e item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ! Addressee so that we can return the card to you. B. ebeived by(Printed Name) C e of elivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1 Article Addressed to: If YES,enter delivery address below ❑ No The Micciche Living Trust 89 Harvard Avenue Smithtown, NY 11787 3 Service Type ®Certified Mail 0 Express Mail El Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number _ ` (Transfer from serAce label)* , _ 'u 3 6 718 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 UNITED STATES POSTAL SERVICE ;a` ,®' P_�ISt-Q s Ivo `�' Yt --P_astage�&�'esPaid--- r , P USPS 1 • Sender: Please print your riatte,address, and.ZIP+4_in is b -} _ PATRICIA C. MOORE ATTORNEYAT LAW 51020 MAIN ROAD SOUTHOLD, NY 11971 =3�►U14;ii<•Z•7u►»Atyudb i[e]►vIMI EEPZi]iil:11414i0Ib:4X037[•PD1vi1 RPIWM El Complete items 1,2,and 3.Also complete A. Sig uret°° --- item 4 if Restricted Delivery is desired. • gen • Print your name and address on the reverse x ' �� � ddresee so that we can return the card to you. B. Received by(Print dl ane) 96 Date f pgl very • Attach this card to the back of the mailpiece, � or on the front if space permits. �,6 n7- D. Is delivery address fferent from item 1? 'Ye 1 Article Addressed to: If YES,enter delive address 1 I ,o Daniel E. Stegner and Patricia Stegner 470-12 Windy Point Lane Southold, NY 11971 3. Service Type LEI Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail El C.O.D 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number - , (fransferfrom service label); I 700,1; ,2510 0002 9603 6671 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 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 • PA L]1 C:71.a C. P,.4(' -1'1"3 7:. 4 TO e3{N{ ,7 Qa^ r 1 +�'t, t(�] 1,,,!'e.d��'I; f'b� 1_.F..�is fur 51020 ROP,n a UT*yHOS, ), iJY 11971 Ll�.¢�th x , ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT Edward V. Werthner OF (Name of Applicants) MAILINGS CTM Parcel #1000- 78 - 6 - 3.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I Melissa McGowan residing at 555 Marlene Lane, Mattituck , New York, being duly sworn, depose and say that: On the 31st day of December , 200 4 I personally mailed at the United States Post Office in Southold , 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 (x) 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. Ree.guA.,/, (Signature) Melissa McGowan Sworn to before me this • 31 day of December , 2002 ((CZ%✓ ( = // /ARET C. RUTKQWSKI Public) Notary Public,State of New York No. 4982528 Qualified in Sus June County,,_, _ Commission Exp 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. k Subject- 1000-78-6-3.3 1000-78-6-1 Stephen McConnell 23 Oneida Avenue Rockaway,NJ 07866 1000-78-6-4.1 The Micciche Living Trust 89 Harvard Avenue Smithtown,NY 11787 1000-78-6-9.2 and 1000-78-6-9.3 Donna Cook 6900 Main Bayview Road Southold,NY 11971 1000-78-5-12 Constantenos Markotsis and Irene Markotsis 40 Park Avenue Hicksville,NY 11801 1000-78-5-13 Stanley Peters 225 Williamsburg Road Southold,NY 11971 1000-78-6-10.3 Daniel E. Stegner and Patricia Stegner 470-12 Windy Point Lane Southold,NY 11971 , PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel*(631)765-4330 Fax (631)765-4643 December 30, 2002 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Neighbors RE: Edward V. Werthner 180 Private Road #12 "Windy Point Lane" Southold, NY SCTM #1000-78-6-3 . 3 Dear Neighbor: I represent Edward V. Werthner with regard to his property located at 180 Private Road #12 "Windy Point Lane, Southold, NY. He is seeking a variance under Section 100-244, based on the Building Department' s November 20, 2002 Notice of Disapproval concerning a new single family dwelling, under construction, for the reason that a portion is less than 35 feet from the front property line. Enclosed is the Notice of Hearing and survey. The hearing on this matter has been scheduled for Thursday, January 16, 2003 at 9 :45 a.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very truly yours, PaiAlLL Gl 01i)aoh..0 Patricia C. oore PCM(/ t ) Enc cures LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 16, 2003 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on Thursday. January 16. 2003, at the time noted below(or as soon thereafter as possible); 9:45 a.m. Appl No. 5248 - Edward V Werthner. This is a request for a Variance under Section 100-244, based on the Building Department's November 20, 2002 Notice of Disapproval concerning a new single-family dwelling, under construction, for the reason that a portion is less than 35 feet from the front property line. Location of Property: 180 Private Road #12 "Windy Point Lane", Southold; Parcel 1000-78-6-3.3 (2 and 3.1 combined). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular Town Hall business days from (8:00 a.m. to 3:00 p.m_). If you have questions, please do not hesitate to call (631) 765-1809. Dated: December 19, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 • (tel. 631-765-1809) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES A4A17.1 E3A /%.4&-W FZoA t7 (1, 0oo I \ - ` cr- Sc-TMIoo -I6-`- 7 \ 559°cI.CC=," /(-CDCD 1 I (-IS . ,J DJ F,1D F11DyorJ I 1 KES 1111 E.6.-7 )5-4-.So F1S.1- °' V ,I I I t__ o Q N ' I I NOTES TEST HOLE 't, ,on>H��iHzs O Z �} O 1) SAME AS DIST: /OC)O,SEC: 7e5 ELK: TOP OF T.H.: eL= 1- r v. I { I LOTS 2 43.1 ON SUFFOLK COUNTY TAX MAPS. IIS N = \ 2) THE EXISTENCE OF ANY RIGHT OF WAYS AND OR EASEMENT Pt. 1 F I OF RECORD,IF ANY NOT SHOWN',NOT GUARANTEED. N3 r 1 Z �� 32 / I fl I 3) ELEVATIONS ARE SHOWN IN C Sec 7l.T( Z o ¢ 0 -z m I 4) DATUM. t 0 N'r aal a$ a., 33 I o D -, Q o �_ Z 1,1.1'; --JI \ I a Cf U F~ Q - $ j.1i) I •UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THIS SURVEY IS A VIOLATION OF SECTION 7209 9 M 3 OF THE NEW YORK STATE EDUCATION LAW. I •COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS INKED SEAL SHALL NOT BE • '� 1--_ 1. ~ CONSIDERED TO BE A VAUD TRUE COPY. in J I 1 'CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS ° ¢ N I PREPARED,AND ON THEIR BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING ‘110 i . INSTITUTION LISTED HEREON CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL G o �3x h ! 1 INSTITUTIONS OR SUBSEQUENT OWNERS. m o �rswe 3 0.1 j3r I 'THE OFFSETS FROM PROPERTY LINES SHOWN HEREON ARE NOT INTENDED TO GUIDE IN THE 1 r�.7S =a Z 1� p_„ a n w o r- .o Ho�St s r s••+ c-' R..-f w.....� y o o ERECTION OF FENCES,RETAINING WALLS,POOLS,BLDG.ADDITIONS,AND OR OTHER CONSTRUCTION. \ za s ..t.--4.......-,,,,,.„ ✓aa.9 �r o s's ---,-,—,;.-.77...--- ! I z I ® COPYRIGHT BY ROBERT B HOLZMAN LS.,AS PER ORIGINAL DATE SHOWN ON SURVEY. 'II]6 HGc.E Tg:N E4�• 2 I Ns9Do�•oo..,,vo ��o.00 I S U R V E Y A tl •�, 3z SG?'-� 7•000--76-6-4.7 ft oDIS"(21C7' /000 SSCpc*i 78 Stock C.; Low--z 3 ,�s.OFNZW� SUFFOLK coU�/VTY TAX OAP N.-rtes c-.oMT. 1F. Er-e-V, SHovVf./ ARS 1a 1 aovo 1929 DaTJ•-1 1 * 4t c 'A Zow/i/ oP socJ7'NouD, sopro[-K co N&4s/YORK AS 544 -I?7 orJ SURVEY' B�htORSTAR SJRJBYirJG >?c. �- k, '` p © BY ROBERT B. HOLZMAN L.s. 2c, 2 a 1.._,4 -r ' Vi - �-3-02 LICENSED LAND SURVEYOR, N.Y.S. LIC. #49176 �F®S'4917��,J�'� 1205 WALNUT AVENUE BOI EMIA, N.Y. 11716 ,�`A w' PHONE#: 631 589 0261 FAX#:631 589 4930 57 Ie-a.-0'1 .F./V0.4.0c.:-. 4 L=.. DN a w ,Wm.. - - DATE :5e r. 13,2002 I SCALE: 111=Sol i FILE:1000-78-c. -2 • ZONING BOARD OF APPEALS . TOWN OF SOUTHOLD:NEW YORK -x In the Matter of the Application of AFFIDAVIT • Edward V. Werthner' OF SIGN (Name of Applicant) • • POSTING Regarding Posting of Sign upon Applicant's Land Identified as • 1000- 78 - 6 - 3.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Edward Werthner residing at Jamesport , New York, being duly sworn, depose and say that: On the V? day of January , 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 tem(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 ha m.ained in lace f seven days prior to the date of the subject hear'.g date, ea ' at' as shown to be January 16, 2003. � (Signature) ✓Edward Werthner Sworn to before me this • `' day of',j.n• , 200. 3. (__� PATRICIA C.MOORE (Notary Public) Notary Public,State of New York Suffolk County-No.4861 668 Commission Expires June 96,.. *near the entrance or.driveway entrance of my property, as the area most visible to passersby. • SO 3Jtid ,:...:. .. — . 3�dOdWi~IdHd 6E619L8919 Lb:ET 698Z/LZ/Zt PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 January 7, 2003 Southold Town Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re : Application of Edward V. Werthner Hearing: Thursday, January 16, 2003 at 9 :45 am Dear Ladies/Gentlemen: Enclosed please find Affidavit of Mailing with six (6) Certified Mail Receipts, Affidavit of Posting and four (4) return receipt cards for the above referenced matter. Very truly yours, L-- atricia C. Moore PCM/mm Enclosures r FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS V LABEL APPL# ASSESSORS CARD (7 COPIES) NAME n/j ii A./♦ CTY. TAX MAP (7 COPIES + 1) CTM# ' , INDEX CARD (ATTACH OLD) TOWN ;`gip l , / LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS ,SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION rr_/a3 1141)11.0Y ,(/!J -fid RI, ufe-, , 4- ) 1A/2 Ili 3 - c21R, 0"' ad-4a4'/2/l b/0Z. �rJ ,•� © d at /LQ,-ll 1, -/.23/6 /3100.1d/7-94-7.• c , V '''''L6`A' . , ;,�. `i, ,& N, . :;E:= STATE OF NEW YORK 12,,,:,'-',':-t ' , �dt0. )SS: �p> _ L ck said w t� � -. SUFF of Mattitu in . . d c ' a '.Mrd i3gr.-, ,� �� .L_says that ,. in s t- being dulyorn, vu kY �,.: iso fro n�``x•of_,,..:'o..u'n? h,. � � in sw F LK TIMES, a ee suaiit;t ;s.. . aeah; county, THE SUFFOLK of and'Cl{aater.lOQ,(�onrrig�; ublic • Principal clerk of in the Town To- of Southold,-the.foHawing P,-tie a er, published at Mattituck, lieaiiugs �Vt11;TOh BOtR OF_ newSp i� County rinted SOYITHO,, ,, : own.Hall,,53095 SOU pap of Suffolk and State of New York, i F�ipE ':.:at s-tl►t ,T Southold New York l•19�1, ' ti.s --- ,. ..,_ ,'• ;..—, •• 'at.Ale and that the Notice of rwh�ubl shed nhe esaid News sr ` 0t tutArx,,lb's },~*".re � ,,. has been regulapublished / weeks succe y lavt fi 'fi w copy, each week for Y p / day • ----;•.•-p1,-..1‘..,;„;;,,,;,:..w;�.:_. ch the,, s� �,<... bi• onceon e — :=p"" a nesto .a:; SlVely, c 204'-2, ' 'y5� c '41A iis't s` - 42A' Ci 1 i ;a f dy ,Sea ns O i -uA do the zBiYldiQ , / 44B:,•based,-on /10 e, ▪ (Kl '''''''Ir- •,i,:',', d: ,c i,LL ,1,eII•p�eo tce l,, an}; 'fret / rincipal Clerk 1M- X, El a i 'le,4 .e .. - •- l,;_t_-,1,,;n r 3. 1�-�c'"t''.',,a,..,„,-F,,,,__:., i " y§ )4.,7 r r,3_,- h t `�•, ,..: _ f e me this h�, ;+a - ' worn to be r 20©�- �,zP �:n%:A,,,,• o.X 4t-,-: OFFICE OF BOARD OF APPEALS • Southold Town Hall 53095 Main Road Southold, NY 11971 • 765-1809 tel. ' 765-9064 ZBA fax. ******************44 AAA A k********** -ble * t,AA A A**tl•+Mit***1**n******il-k_____Mfk**** l********* frk REPLY FORM Dated: 41-'027-6 J 7Ya1. �d Gv Pi��l�, :' S a`��- �wl � 415 TO: � V ii Loi , ( ) Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). 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. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) Setbacks must be shown for the subject building to all property lines, with preparer's name a4 /24,-6,---1--As o[' �,is r�•�.g � d.��;� 7�i�-*� , U / ( ) 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 4 Other: a4,0,e- 1Iit za„5,�76 MA,00--V2) ��� ��v r , v-4,,,7� Qa,d`J ? io.e-c) (2.0 ":2-4--P-vg p w.i 71I OFFICE OF - ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalski(a Town.Southold.ny.us or Paula.Quintieri(cr�Town.Southold.ny.us (631) 765-1809 fax (631) 765-1823 or 9064 December 19, 2002 Re: Chapter 58 — Public Notice for Thursday, January 16, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Before January 3rd when possible: Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with a copy of your survey or filed site map, showing the new construction area, or map with details of your request, by Friday, January 3rd to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before Tuesday, January 7th: When picking up the sign, a $30 check, as a returnable deposit, will be requested for each poster with metal,stand (or $15 for poster only). Please place the Town official sign poster no later than Tuesday, January 7th. Securely place the sign on your property facing the street, no more than 10 feet,from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) Before January 7th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) Before January 15th, after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff ' P.S. Please be sure to pick up the poster between Jan. 2na and Jan. 7th, between 8-12, or 2:00-3:30. Thank you.