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HomeMy WebLinkAbout5310APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.nor thfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 19, 2003 /'~, Appl. NO. 5310- Anthony Palumbo ~ ~.mol~,~~ Prope~ LOcation: 3550 Grathwohl Rd., New Suffolk; Parcel 1000-110-8-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the .project' is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 23,025 sq. ft. parcel has 177.68 ft. of frontage along the east side of Grathwohl Road, New Suffolk. BASIS OF APPLICATION: Building Department's January 15, 2003 Notice of Disapproval, citing Section 100-244, in its denial of a building permit to construct a new dwelling at less than 50 feet from the rear lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 15, 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 wishes to construct a new dwelling with attached garage and front porch, at 32.7 feet setback from the nearest rear yard line, as shown on the April 23, 2002 survey, revised April 2, 2003 by John C. Ehlers, L.S. All other yard setbacks are conforming to the code requirements. ADDITIONAL INFORMATION: During the May 15, 2003 hearing, the applicant was asked to compromise by cutting back the deck at the nearest corner to the rear line. The applicant agreed to revise the setback, and on May 23, 2003 submitted a revised survey increasing the setback to 33.6 feet between the northeast corner of the house to the rear line, the closest point. REASONS FOR BOARD ACTION; On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant wishes to build a new family dwelling on a nonconforming lot of 23,025 sq. ft. The applicant is further Page 2 - June 19, 2003 Appl. No. 5310- Anthony Palumbo 110-8-3 at New Suffolk hampered in placing a home on this lot as it is six-sided. The applicant requested a 32.7 ft. setback from the rear property instead of the required 50 ft. setback. In discussions with the Board an alternative at 33.6 feet from the rear line was agreed, and the applicant would revise the front porch proposal. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant wishes to build a single-family home in an area with other nonconforming lots. The placement of the home is confined by the irregular shape of the lot. 3. The relief requested is not substantial because the total lot coverage will only be +-7 percent. The rear yard setback will be 33.6 feet instead of the required 50 feet. 4. The difficulty was self-created as the applicant knew the constraints of the lot when he purchased it. 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. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, 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 Oliva, seconded by Member Goehringer, and duly carried, to DENY the original application for a 32.7 ft. rear yard, and to GRANT ALTERNATIVE RELIEF at 33.6 feet from the rear property line, at its closest point, as shown on the survey, revised May 23, 2003, prepared by John C. Ehlers, L.S. 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, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, Orlando, and Oliva. This Resolution was duly adopted (5-0). Lydia A. ~o,l~'~ra, Chairwoman - Approved for Filing 6/..~ /03 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~choldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk February 12, 2003 Zoning Appeal No. 5310 Transmitted herewith is Zoning Appeal No. 5310 of Anthony H. Palumbo for a variance. Also included is: photos, a letter from applicant dated 2/3/03, the Board of Appeals Apphcation, the Transactional Disclosure Form, the Questionnaire, the Project Description, the Short Environmental Assessment Form, the Narrative in Support of Variance Application, the Application for Building Permit, front and rear elevation drawings, fncst and second floor drawings and a copy of the survey map. NOTICE OF PUBLIC HEARING THURSDAY, MAY 15, 2003 SOUTHOLD TQWN BOARD OF APPEALS 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, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, May 15, 2003, at the time noted below (or as soon thereafter as possible): 10:10 a.m. Anthony Palumbo #5310. Based on the Building Department's January 15, 2003 Notice of Disapproval, applicant requests a Vadance under Section 100-244 to construct a new dwelling at less than 50 feet from the rear lot line, at 3550 Grathwohl Rd., New Suffolk; Parcel 1000-110-8-3. 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 eadier than designated above. Files are available for review during regular business hours, if you have questions, please do not hesitate to call (631) 765-1809. Dated: April 28, 2003. Lydia A. Tortora, Chairwoman Board of Appeals FORM NO. 3 NOTICE OF DISAPPROVAL TO: Anthony Polumbo 47 Newins Street Patchogue, NY 11772 DATE: January 15, 2003 Please take notice that your application dated January 15, 2003 For permit to construct a new single family dwelling at Location of property: 3550 Grath~vohl Road, New Suffolk, NY County Tax Map No. 1000 - Section 110 Block 8 Lot3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 23,025 square foot property in thc Residential R-40 District is not permitted pursuant to Article XXVI, Section 100-244, which states that non-conforming lots measuring between 20,000 and 39,999 square fcct in total size, require a minim~xm rear yard setback of 50 feet. Plans note a proposed rear yard setback of+/- 32.7 feet. Total lot coverage, following the proposed construction, will be +/- 7 percent. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File ?OWN OF SOUTHOLD ;UILDING [{EPARTMENT ?OWN 'HALL ~,OUTHOLD, NY 11971 ?EL: (631) 765-1802 'AX: (631) 765-9502 xam/ned ,20 ,pproved / ,~0 xpirafion . PERMIT NO. ~" k.lg'uilm~g~pector q3UILDING PERMIT ' '?LICATION CHECKLIST Do you have or ~e~ the following, before applying? ~ofrd of Health- ~,,~ ~ PJ. anrfing Board approval '-/ ~ Check Septic Form ~N'/Y.S.D.E.C. ~f~ustees Contact: APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled hi by typewriter or in ink and submitted to the Building Inspector with 3 ets o£plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adj dining premises or public streets or reas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Perm/t. d. Upon approval of this application, the Building Inspector will issue a Building Perrrdt to the applicant. Such a permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in par~ for any purpose what so ever until the Building Inspector ~sues a Certificate of Occupancy. f. Every building permit shall expire if the work anthofized has not commenced within 12 months after the date of ;suance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the roperty have been enacted/n the interim, the Building Inspector may authorize, in writing, the extension of the perm/t for an ddition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE m the Building Department for the issuance ora Building Perm/t pursuant ~o the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or [egulations, for the construction of buildings, additions, or alterations or for removal or~tmaot~on as herein described. The pplicant agrees to comply with all applicable laws, ordinances, building code, how~5:fig code, a~ regulati.~lx~ and to admit nthorized inspectors on prmuises and in building for necessary inspectionsy ...,.? J ~/~ ( ign~ o app icant or na~e, i a corporation) ;tate whether applicant is owner, lessee, agent, architect, engineer, general con~ractor, electrician, plumber or builder qame of owner of premises f applicant is a corpora/tio~, signature of duly authorized officer (Name and titite of corporate officer) (As on the tax roll or latest deed) 3uilders License No. 'lumbers License No. -;lectficians Licmse No. )ther Trade's License No. . Loc~tion oftand on which proposed work w~ be done: House Number Street County Tax Map No. 1900 Section Subdivision ( ame) Block ~) Filed Map No. Lot ~ Lot State existing use and occupancy of premises and intended,us9 and occupancy of proposed construc~on: a. Existing use and occupancy [,/~(-/°c~ 4- [Oqt'- b. Intended use and occupancy 5~o~ ~(- ~/kt[ 3. Nature of work (check winch applicable): New Building Repair Removal Demolition 4. Estimated Cost I~:~)~r. OO O Fee 5. tf dwelling, number of dwelling units ~ If garage, number of cars /¢/¢q Addition Alteration Other Work (Description) (To be paid on filIng this a, pplication) Number of dwelling units on each floor ,4J/J4 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front M/ti Rear "- Depth Height. --- Number of Storie~s -- Dimensions of same structure with alterations or additions: Front '~'//~ Depth, ~ Height_ - Number of Stories 8. Dimensiorks of, entire ~ew construction: Front ~,~z/,~- Rear ~' ~/.~ O .Depth Height t~ 4-¢ ~ Numberof Stories Rear 9. Size oflot: Front /:7-¥,a~3-( Rearo~-'O0~' ~ (_Depth 10'Date°fPurchase/~ge/ ~Ot' a?c)oa~ Name ofFormer Owner /DO~-~A~W 11. Zone or use district in winch premises are situated A ~- ~'~[(',/'+'~; ~ 8 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES / NO__Will excess fill be removed from premises? YES__ 14. NamesofOwnerofnremises/~¥ ~./0,4~,*,/~Address~JZflJ(wua~' aT ]kg~/~honeNo. t//~7- Name ofArchitee0'"-~ ff~4l~)u~ / AddressSo8 ,e~_,~'o/_~/~l~hone No Name of Contractor (5~g,?~ ~(/~^g~ Address 0~, g~. )P~Phone No. ~. Is this property within 100 feet of a tidal wetland or a freshwater Wetland? *YES '~O __ · "P IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMIT,S MAY BE REQUIRED. V b. Is tins property within 300 feet of a tidal wetland? * YES NO Ix, IF YES, D.E:C. PERMiTS BE REQUIRE D. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY A/xf'~ ]b~y' ~/~ ~)(/k I OA/X ~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of ifidividual signing contract) above named, (S)He is the (Contractor, A~t, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this applicatio that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to ¢~ore me thi§, Signature of Applicant APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ) For Office Use Only Fee:$~f00 FiledB ~.~r,O~ DateAssigned/AssignmentNo. ~/0 ~[cq Offiee Notes: ParcelLocafion: HouseNo~ff,5ID~Street ff_.~/2461CJlWO/9 / foA:d Itamlet_/~f(--t~ ,~t~-oj SCTM1000Section[~O Block ~ Lot(s).'~ LotSize~3zOgg-ZoneDistrict/4~_~ (WE) APPEAL~T.J~IE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): Mailing Address: Telephone: Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: )~TApplicant/Owner(s) [5 Authorized Representative [] Other: FOR: ~[TB uiiding Permit [] . Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. nd~cate Article, Section, Subsection and paragraph of Zoning Ordina. n~ by numbers. Do not quote the code. Article_ X~(~[/~ Section 100- ~ ~)~_ Subsection Type of Appeal An Appeal is made for: )~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~fhas not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS Cattach extra sheet as needed),: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment fo nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant fo pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? (/~) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or (,~ No. (6) Additional information about the surrounding topography and building areas fhaf relate to the difficulty in meeting,the code requirements: (affach extra sheet as needed) This is the MINIMUM fhaf is necessary and adequafe, and af fhe same lime preserves and profecfs fhe characfer of fhe neighborhood and fhe healfh, safely, and welfare of fhe communih/. ( ) Check fhls box and complete PART B, Q,~ on next page fo apply USE VARIANC STANDARDS. (Please consult your aflorney.)fOfh~'wis/e, plea]~,'~ceed fo the s~qnafure and S~gnafure of Appellant or Authorized Agent S~orn fo be~rp me this (Agent must submit Authorization from Owner) ~day ~f ..~..., 2005. -(No~ ~b~¢) ~ ZBA Apt} 9/30/02 RIDER A NARRATIVE IN SUPPORT OF VARIANCE APPLICATION The instant application is a request for a building pen-nit for a one family dwelling to be constructed on the subject parcel and for relief from Article XXVI Section 100-244 of the Town of Southold Zoning Ordinance. The subject property is located at 3550 Grathwohl Road in New Suffolk, New York. The size of the parcel is 23,025 square feet and it is zoned AE-8. The lot which was purchased by the applicants in May of 2002 is presently undeveloped. The applicants obtained building plans, applied for a building permit to construct a single-family residence and were informed that the placement of the structure did not comply with the setback requirement of 50 feet from the rear property lines under Article XXV! Section 110-244 of the Town Code, concerning property ranging from 20,000 square feet to 39,999 square feet. The present setback footage of the proposed structures is 32.7 feet from the rear property line, therefore relief is required in the amount of 17.3 feet. The variance requested is the minimum variance necessary to achieve the applicant's goals as the proposed structure is reasonable, moderate in size and shape and follows the landscape of the property. This variance is not substantial in light of the fact that a 32.7 foot setback will be maintained. Additionally, the subject lot is the only undeveloped lot on the block. Each adjoining lot is developed. As such, the neighbors will not be negatively impacted in any way by the variance. Based on these facts, the grant of a variance will not cause an undesirable change in the character of the neighborhood, nor will it create a detriment to nearby properties. There will be no adverse impact on the physical or environmental conditions in the neighborhood or in the affected area of the town because of the conditions described above. The reason the variance is requested and that there is no other feasible method to pursue, is because of the odd shape of the lot (the lot is six-sided) and the difficulty in designing a plan to fit in the very narrow building envelope. In fact, if the lot itself were 3,025 feet smaller, this application would not be necessary as the property would be zoned in the 20,000 square foot range and the rear setback requirements would be 35 feet. Additionally, the proposed structure will only occupy 10.67 % of the property, significantly less than the limit of 20% coverage imposed by the Code for lots of its size. Based on the above, it is respectfully requested that a variance be issued to the applicant for 17.3 feet between the rear property lines and the proposed structure. PRO,FECT DESCRIPTION (Please include with Z.B.A, Application) h If building is existing and alterations/additions/renovations are proposed.' A. Please give the dimensions and ovdrall square footage of extensions beyond existing buildin~ Dimensions/size: Square footage: B, Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: SqUare footage:. II. III. I_f land is vacant: Please give dimensions and overall square footage of new cons~s~tmction: Dimension/size: ~ 3 ,~ '/4o~.,~ Square footage: Height: 3 I~, 6 Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the c2de requirement(s)' V. Please submit seven (7) photos/sets after staldng corners of the proposed new construction. - 7/02 2°lease note: Further change~, after ~ubmitting the above information, must be plaeed in writing and may require a ne14~ ~otice of Di~approva[ to ,tho;*, chan~e~ to the initial filan~. Jf additio~a[ time i,~ needed, please comtac~ our office, or plea~e check lvith Building Department (765 1802) or _4ppea[s Depw~ment (765-1809) ~f you are not sure. Thank you. SURVEY OF 7zRT'r' SITUATE: NEIN 51)FFOLK TOINN.' 50UTHOLD SUFFOLK. COUNTY, NY SURVEYED 04-2~-02 omendcd 11-1-02, ~etl~ncls t:locJs Iocof. ed 01-14-0~ SUFFOLF. COUNTY TAX ~4 1000 -I10 - 8 - ~ C,ERTIFIED TO: ANTHONY H. PALUMBO FIRST AMERIOAN TITLEINSURANOE COMPANY OF NE~ ¥OR~ ALL SHORE ABSTRACT LTD, NOTES: · MONUMENT 0 PIPE EXISTING SEPTIC. SHOWN NOT VERIFIED [SY SURVEYOR PROPERTY RESIDES IN FLOOD ZONE PESI®NATION "ZONE AE" EL. 8 ~: "ZONE X" PROPERT"F' ZONE R 40 SET ESAC.K,S FOR NON GONFORMIN® LOT AREA LINE OF HA¥~ALES IDURING CONSTRUCTION AREA = 2~,025 SF ®t~.APH iC SCALE N RECORD TEST HOLE EL: 6' JOHN C~ EHLER8 LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIO. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~Ip server\d~PROSX20-166e.pro APPEALS BOARD MEMBERS~ Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD July 14, 2003 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net 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. 5310 - Palumbo Action Requested: Single family dwelling with rear 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, LAT:pq Lydia A. Tortora, Chairwoman Enc. Southold Zoning Board of Appeals July 3, 2003 Mr. Anthony H. Palumbo 47 Newins St. Patchogue, NY 11772 Re: Appl. No. 5310 - Application for Variance Dear Mr. Palumbo: Enclosed please find a copy of the Board's variance determination, with conditions as noted. Please be sure to follow-up with the Building Department and Planning Board Offices for the next step in the zoning review and building application process. Before commencing construction activities, a building permit and other agency approvals would apply. An extra copy of the enclosed determination should be made available by you, if necessary, when submitting final documents to the Building Department. Thank you. Very truly yours, Enclosure Copy of Decision 7/2/03 to: Building Department Linda Kowalski Office of Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RECEIVED MAY 2 3 2003 Dear Board Members: Enclosed please find our survey with the revisions requested by the Board at our heating on May 15, 2003. Specifically, we have reduced the front porch to a walkway, thereby reducing our variance request to approximately 16.4 feet. If you have any questions or concerns, please contact me at 852-8814 (day) or 447-8752 (evenings). Anthony H. Palumbo 51TUA'FE.. NP_PI TOI~IN.- 50UTHOLD .5UFFOLK COUNTY, NY SUFFOLK` COIJNT'¢ TAX ~ IOOO -IIO - 8 - D CERTIFIEE~ TO: ANTHONY H. PALUIviDo FIRST AMERICAN TITLE INSURANCE COMPANY OF NEl~! YORK. ALL SHORE ABSTRACT LTD. NOTES: · MONUMENT O PIPE EXISTIN® SEPTIC SHOPIN NOT VERIFIED E~Y SURVEYOR PROPERTh' RESIDES IN FLOOD ZONE DESI®NATION "ZONE AE" EL 8 ~ "ZONE X" PROPERTY ZONE R 40 SET BAO~S FO~ NON CONFOR~IN~ LOT AREA LINE OF HAYBALES PURIN® CONSTRUCTION AREA = 2D,O2E:, SF ®F~APHIC SCALE Q × 40"B N W+'~' / E S NOT TO r~GALE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\'d-lp server\d~PROS~20-166e.pro TO: Anthony P~lumbo 47 Newins Street Patchogue, NY 11772 FO%kNO.) NOTICI* ~ ~0' DISAPPROVAL DATE: January 15, 2003 Please take notice that your application dated January 15, 2003 For permit to construct a new single family dwelling at Location of property: 3550 Grathwohl Road, New Suffolk, NY County Tax Map No. 1000 - Section 110 Block _8 Lot_3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 23,025 square foot property 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 and 39,999 square feet in total size, require a minimum rear yard setback of 50 feet. Plans note a proposed rear yard setback of +/- 32.7 feet. Total lot coverage, following the proposed construction, will be +/- 7 percent. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File 51TUATE, NEIN 5Ut=t=OLK TOI/qN, 5UFI=OLK OOUN~, SUFFOLK- COUNTY TAX ~ IOOO -IIO - 8 - ~ CERTIFIED TO: ANTHONY H. PALl)MBO FIR.~,T Af'4FRICAN TITLE IN.~t)F~.ANCE COI'4PANY OF NEI~I YORK ALL SHOI~E AI~STRAC-T LTD. NOTES~ · MONUMENT O PIPE EXlSTIN® SEPTIC 5HOMN NOT VERIFIED BY SURVEYOR PROPERTY RES, IDES IN FLOOD ZONE DE,~ICNATION "ZONE AE" EL 8 ~ "ZONE X" PROPERTY ZONE R 40 5ET BAC, K5 FOR NON C, ONFORHIN~ LOT AREA LINE OF HAYBALE~ DURIN~ C, ONSTRb~TION AREA: 2~3,O25 5F ~RAPHIC, ~--, A L E N 40"~ APPROVED AS PER TERMs AND CONI)I'~ION~ OF DAT~~ 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~Ip servcr~l~PROS~20--166e.pro FRONT tEI~-VATION ELEVATION FIII~..~T FLOOR PLAN, / / __.._/ // THERESE AND JOHN SZYMCZAK 3500 GRATHWOHL ROAD POST OFFICE BOX 337 NEW SUFFOLK, NEW YORK 11956 MAY 13, 2003 TOWN OF SOUTHOLD BOARD OF APPEALS P.O. BOX 1179 SOUTHOLD, NY 11971 ATTN: LYDIA A. TORTORA CAHIRWOMAN VIA HAND DELIVERY RE: ANTHONY PALUMBO # 5310 VARIANCE HEARING 05/15/2005 MS. CHAIRWOMAN AND BOARD MEMBERS, AS THE CONTIGUOUS NEIGHBOR TO THE SOUTH (1000-110-08-0~) WE WOULD LIKE TO MAKE KNOWN FOR THE RECORD THAT OUR WELL LOCATION, AS SHOWN ON THE AMENDED SURVEY MAP OF JOHN C. EHLERS DATED NOVEMBER I, 2002, IS INACCURATE. WHILE WE HAVE NO OBJECTION TO THE REQUEST FOR A 52.7' REAR YARD SETBACK, IT IS OUR PREFERENCE THAT THE PROPOSED HOUSE BE CENTERED ON THE LOT. DUE TO THE ROAD ANGLE, OUR DRIVEWAY ENTRANCE AND OUR OWN 87.5' FRONT SETBACK, WE REQUEST THAT, AT A HINIMUM, THE APPLICANT ADHERE TO THE PROPOSED 22.0' SOUTHERLY SIDEYARD SETBACK~ OR GREATER. THANK YOU FOR HEARING US IN THIS HATTER. SINCERELY, Page 3 of 3 - Appeal Application Par~ B: For the ProJecf Is 1. zoning reg (describe on a se 2. The alleged hardship USE VARIANCE ~ reauesfed): Permitted Use under the Zoning Regulations for the Particular District Where consult your attorney before completing): lize a reasonable return for each and every permitted use under the district where the property is located, demonstrated by The applicant CANNOT realize a REASONABLE RETURN because: sheet). ting to the property is unique because: 3. The alleged hardship does nc~apply fo a substantial portion of the dlstrlcf or neighborhood because: ~ 4. The request will not alter the e~se~nh~acfer of the neighborhood because: 5. The alleged hardship has not been self-~afed because: 6. This Is the minimum relief necessary, while al~he same time preserving and protecting the character of the neighborhood, and the health, s'~fefy and welfare of the community. (Please explain on a separate sheet if necessary.) ~ . 7. The spirit of the ordtnance wit be obse~ed, public s~fety and welfare will be secured, and substantial justice will be done because: (Please explain~a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions l~n previous page to apply._AREA VARIANCE STANDARDS. (Please consult your attorney.) Ol~erwise, please proceed fo the signature and notary area below. ~ Sworn fo before me this ~ignA af~re~ sAuPl~:ll~a~fu~hrorA~IzUfah;orl;~rdomAgc~wnfner) day of .................... 200_. (Notary Public) ZBA App 9/30/02 February 3, 2003 Southold Town Board of Appeals Town Hall Southold, NY 1197 l RE: Variance Request for 3550 Grathwohl Road, New Suffolk (Tax# 1000-110-8-3) To Members of the Board: Kindly e_~ ~,~,qication for the above-referenced property. please find enclosed our app at~ ,,er forward all correspondence and follow-up to: Anthony H. Palumbo 4'7 Newins Street Patchogue, NY 11772 HOME: (631) 44'/-8'752 WORK: (631) 852-24'/6 served a copy of this appeal application Additionally, I am advising the Board that I hav. e accordance with New York Town LaW. upon the Southold Town Building Department m lfyou have any questions, please contact me at the above locations- ~ourS, ~ Anthony H. palumbo QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subj[e~ premises listed on the real estate market for sale? 13 Yes ,~No B. Are there any proposals to change or alter land contours? C. 1) Are there any areas that contain wetland grasses? Vce-~. ,4~o~,s' ~2,{t~C0o~ 2) Are the wetland areas shown on the map submitted ~ith tl~is'application? y ~ 5 3) Is the property bulk headed between the wetlands area and the upland buikfing area? 4) If your property contains wetlands or pond areas, have you ,contacted the office of the Town Trustees for its determination of jurisdiction?/[Jog doe ~ D. Is there a depression or sloping otevation near the area of proposed cons,t, ruc,t,,ion at or below five feet above mean sea level? M/ /I (If not applicable, state 'n/a .) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? /k)OA9 {: (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? /t~C> If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel [/A andproposeduse'. ~i~l~ ~et, lv e6s d :,oce. / rAuth~rized Signature and Date PARTI 617,21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ROJECT INFORMATION (To be completed by ApPlicant or Project sponsoll 4. PRECISE SEQR PROPOSED ACTION: OESCRIBE PROJECT BRIEFLY:. E-XISTING LKNO USE[ RESTRICTIONS? WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT'/ - ~0. DOES ACTION iNVOLVE A PERMIT APPROVAL. OR FUNOING, NOW OR I GOVERNMENTAL AGENCY (FEDERAl,. 11. OOES ANY ASPECT OF THE AO'rl,3N HAVE A CURRENTLY VAUO PERMIT I CERTIF~f THAT THE INFORMATION PROVIOED AEIOVE IS TRUE TO THE aEST II the action is in the Coastal Area, and you are a state agency, com[~ He the Coasia! Assessme.nt Form before proceeding wilh this assessment OVER 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 necessar~ to avoid same. YOUR NAME: ~tW '{'/qotO y ~' e* { w~'O0 ~ (Last name, first n~e, 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 V/ Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through yonr 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 X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Sonthold: 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 e oo3 SURVE'r' OF PIOPERT'¢ SITtJATE, NEb 5UTF, OLK TOl~h 50UTHOL? 5Ut=FOLK C,4:;¢)N'PK, N'r' SURVEYED O4-2~-O2 omendcd Il-I-OD SUFFOLK. C, OUNT'r' TAX ~ IOOO -IIO - 8 - ~ CERTIFIED TO: NOTES: · h4ONUf'dENT o PIPE PROPERTY RESIDES IN FLOOD ZONE DESI®NATION "ZONE AE" El_ 8 AREA = 2~,025 SF ®F~APHIC SE. ALE / / / / Lond n / / / / / ? / / N S JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~Hp server\d~PROSL20-166e.pro APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. ParcelLocation: House No~'~'O Street ~.[24~tlWOI~I foh(.[ Hamlet SCTM1000 Section BO Block ~ Lot(s) ~ LotSize~)~O~$-ZoneDistrict 1 (WE) APPEAL ~J~IE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Mailing Address: ~'T-~ f~- 1~ ! Telephone: 631- ~7~- 8-'~,.,~a-~. Address:AUth°rized Representative: /~ / A Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: ,~Applicant/Owner(s) U Authorized Representative [] Other: WHEREBY ~HE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ FOR: ~Buiiding Perinit [] Certificate of Occupancy [] Pre-Certificate of Occupancy U Change of Use D Permit for As-Built Constrnction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article__ XX 0t~' Section 100- ~ hr)t Subsection Type of Appeal. An Appeal is made for: )gA Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280~A. [3 Interpretation of the Town Code, Article Section ~ Reversal or Other A prior appeal [] has~g(has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment fo nearby properties, if granted, because: (2) The benetif sought by the applicant CANNOT be achieved by some method feasible for the applicant fo pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions inthe neighborhood or dlsbict because: \. (5) Has the variance been self-created? ~ Yes, or ( ) No. If not, Is the construction existing, as built? ( ) Yes, or (,/~qo. (6) Additional information about the surrounding topography and building areas that relate to the difficulty h~ne/~ting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the hea~th, safety, and welfare of the community. ( ) Check thls box and complete PART B, Q~eslT~ on next page to apply USE VARIANCE STANDARDS. (Please consult your aflorney.)/,'~th.mwis/e, pleale'~oceed to the signature and notary area below. ,~/,~/ S~gnafure of Appellant or Authorized Agent ddaOrn to bef~or,,e me this (Agent must submit Authorization from Owner) y e,,f...~.~C~..., 200~. U ZBA App 9~30~02 Page 3 of 3 - Appeal Application REASONS FOR USE VARIANCE £~f reauested): For d Every Permlfled Use under the Zoning Regulations for the Particular District Where (please consult your aflorney before completing): 1. A zoning (describe on a se ~ot realize a reasonable return for each and every permilfed use under the r the particular district where the property is located, demonstrated by The applicant CANNOT realize a REASONABLE RETURN because: 2. The alleged hardship I fo the proper"h/is unique because: 3. The alleged hardship does because: )ortion of the district or neighborhood 4. The request ghborhood because: 5. The alleged hardship has not been self. because: 6. This Is the minimum relief necessary, while character of the neighborhood, and the health explaln on a separate sheet if necessary.) ~e time preserving and protecting the welfare of the community. (Please 7. The spirit of the ordinance will be observed, public substantial Justice will be done because: (Please explain I welfare will be secured, and rate sheet if necessary.) ( ) Check this box and complete PART A, Questions on VARIANCE STANDARDS. (Please consult your attorney.) si~lnafure and notary area below. page to apply. AREA proceed fo the Sworn fo before me this day of .................... 200_. Signature of Appellant or Authorized Agent {Agent must submit Authorization from Owner) (Notary Public) ZaA App 9/30/02 · ~ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. Tho 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: ~A/"~6Jx ~. ¢~ IO~ (Last name, first na~e, 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 k/r/' Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southo[d? "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 ownemhip of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subj~ _premises listed on the real estate market for sale? [] Yes ~No Are there any proposals to change or alter land contours? 1) Are there any areas that contain wetland grasses? V4~. /~o.~ ~p,~lc0o~ 2) Are the wetland areas shown on the map submitted ~ith this'application? y~ 5 3) Is thc property bulk headed between thc wetlands area and the upland builffmg area? 4)If your property contains wetlands or pond areas, have you ~contact,cd the office o~f the, Town Trustees for its determination of jurisdiction? A)O~ doe D. Is there a depression or sloping ~evation near the area of proposed construction at or below five feet above mcan sea level? M/[t (If not applicable, state "n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? A,)OA) (: (If none exist, please state F. Do you have any construction taking place at this time concerning your premises? t~ O If yes, please submit a copy of your building permit and map as approved by thc Building Department. If none, please state. O. Do you or any co-owner also own other land close to this parcel? /t~)O If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel and proposed use'. :5) 3.' en Ira ~tIAn,' / PROJECT DESCRIPTION (Please include with Z.B.A. Application) I. If building is existing and alteratious/additions/renovations are proposed' A. Please give the dimensions and overall square footage of extensions beyond existing buildina Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: SqUare footage: II. III, If land is vacant: Please give dimensions and overall square foo[a e of new cms ruction: Dimension/size: ~:~i ~c L/o~,~'[ Square footage: Height: Purpose and use of new construction requested in this application: W. Additional information about the surronnding contours or nearby buildings that relate to the difficulty in meeting th~od,e requiremenffs): Please submit seven (7) photos/sets after staking comers 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 ~how changes to the initial iplans, 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. 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNMSTED ACTIONS Only INFORMATION (To be completed by ADplicant or Project sponsor) 4. PRE.SE, SEQR WHAT IS PRF.~ENT (-~ND USE IN VICINITY OF PROJEC~ 10. IDOI~ ACTION INVOLVE A PERMIT APPROVAl..OR FUNOING, NOW, 11. COES ANY ASPECT OF THE ACTIC~I HAVE A CURRENTLY VAUO PERMIT OF I CERTIFY THAT THE INFORMATION PROVIOEO ABOVE IS TRUE TO USE RESTRICTIONS? II the action is in the Coastal Area, and you are a StalG agency, Coa$ia! Assessme,nt Form belore procoedlng with this T OTHER GOVERNMENTAL AGENCY {FEDE~.AL OVER 1 )lele the J 1ertl ;T OF MY KNOWLEOGE - RIDER A NARRATIVE IN SUPPORT OF VARIANCE APPLICATION The instant application is a request for a building permit for a one family dwelling to be constructed on the subject parcel and for relief from Article XXVI Section 100-244 of the Town of Southold Zoning Ordinance. The subject property is located at 3550 Grathwohl Road in New Suffolk, New York. The size of the parcel is 23,025 square feet and it is zoned AE-8. The lot which was purchased by the applicants in May of 2002 is presently undeveloped. The applicants obtained building plans, applied for a building permit to construct a single-family residence and were informed that the placement of the structure did not comply with the setback requirement of 50 feet from the rear property lines under Article XXVI Section 110-244 of the Town Code, concerning property ranging from 20,000 square feet to 39,999 square feet. The present setback footage of the proposed structures is 32.7 feet from the rear property line, therefore relief is required in the amount of 17.3 feet. The variance requested is the minimum variance necessary to achieve the applicant's goals as the proposed structure is reasonable, moderate in size and shape and follows the landscape of the property. This variance is not substantial in light of the fact that a 32.7 foot setback will be maintained. Additionally, the subject lot is the only undeveloped lot on the block. Each adjoining lot is developed. As such, the neighbors will not be negatively impacted in any way by the variance. Based on these facts, the grant of a variance will not cause an undesirable change in the character of the neighborhood, nor will it create a detriment to nearby properties. There will be no adverse impact on the physical or environmental conditions in the neighborhood or in the affected area of the town because of the conditions described above. The reason the variance is requested and that there is no other feasible method to pursue, is because of the odd shape of the lot (the lot is six-sided) and the difficulty in designing a plan to fit in the very narrow building envelope. In fact, if the lot itself were 3,025 feet smaller, this application would not be necessary as the property would be zoned in the 20,000 square foot range and the rear setback requirements would be 35 feet. Additionally, the proposed structure will only occupy 10.67 % of the property, significantly less than the limit of 20% coverage imposed by the Code for lots of its size. Based on the above, it is respectfully requested that a variance be issued to the applicant for 17.3 feet between the rear property lines and the proposed structure. Receipt N.O 63222 TOWN of SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Hall Southold, New York 11971 ~ ...... .i..l.~_:~l.o~. ........................... ollars Fee for F~ f~ F~ for ~ F~ Mr ...... Certificate +., ~' c~ Sigr, ~, ~:~ ~ve~op,~er,,Pmt.~ r~ oFOccu~,~c~, ~,'~ ~1 Cash ................... ..................... ............................................................................ Building Deparlment FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 15, 2003 TO: Anthony Polumbo 47 Newins Street Patchogue, NY 11772 Please take notice that your application dated January 15, 2003 For permit to construct a new single family dwelling at Location of property: 3550 Grathwohl Road, New Suffolk, NY CountyTax Map No. 1000- Section 110 Block_8 Lot3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 23,025 square foot property 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 and 39,999 square teet in total size, require a minimum rear yard setback of 50 feet. Plans note a proposed rear yard setback of+/- 32.7 feet. Total lot coverage, following the proposed construction, will be +/- 7 percent. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: ZBA, File 'OWN OF SOUTHOLD ~UILDING I~EPARTMENT 'OWN ltALL (~UTHOLD, NY 11971 'EL: (631) 765-1802 'AX: (631) 765-9502 xamined ,20 pproved 20. isapproved a/c ;/¢ xpirafion t t ,20 BUILDING PEPdViIT APPLICATION CHECKLIST Do you have or need the following, before applying? --~ ,~a~ara °f Health ~lt~'~ 3 sets of Building Plans_ ~ t'h~-~''~-~rat~ planning Board approval '/ PERMIT NO. Check Septic Form ~q;.Y.S.D.E.C. "~fustees Contact: // k.lg'uil~"~g~pector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 .~ts of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or teas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a perrrdt aall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector :sues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of .,suance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the roperty have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an ~tdition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Perrnit pursuant to the ,uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or .egulations, for the construction of buildings, additions, or alterations or for removal oJ.j:i~a~4on as herein described. The pplicant agrees to comply with all applicable laws, ordinances, building code, ho~i~g code, ~ reguiat~ and to admit athorized inspectors on prernises and in building for necessary insp ection~///~///,/./ff.~...,.~ (Signature of al~plicant or na~e, if a corporation) (Mailing address of appli'e~nt) ~ ~ ?-~ .tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 000 lame of owner of premises o~/ (As on the tax roll or. latest deed) [ applicant is a corporation, signature of duly authorized officer (Name and ti~o~f corporate officer) ~uilders License No. lumbers License No. ;lectricians License No. )ther Trade's License No. · ~_oc_~tion of land on which proposed work wiJ, l be done: House Number Street County Tax Map No. 19.00 Section Subdivision (game) Hamlet Block 8 Filed Map No. Lot 2. State existing use and occupancy of premises and intended.use and occupancy of proposed c°nstruct~°n: a. Existing use and occupancy ~ g-~o + {O'f- b. Intended use and occupancy ~'i¢o~ [(- ~¢~Ot[ (X ( 3. Nature of work (check which applicable); New Building ~>~ Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost I1¢~)~,, OOO Fee 5. If dwelling, number of dwelling units If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front tw/~ Rear '-- Depth Height -- Number of Stories Dimensions of same structure with alterations or additions: Front "~/'/~ Rear Depth ~-- Height - Number of Stories (To be paid on filing this ~,.plication) Number of dwelling units on each floor M///4- 8. Dimensio~ o_f~an,ti~e Few constm6tion: Front ~ ,~ Height ~ fo~ Number of Stories 9. Size oflot: Front ['¢'V,~53'( Rear~'O0~' ~ 10. Date ofPurchase/~l ~,'/ ~ O, ~O~ Name of Former Owner 1 I. Zone or use district in which premises are situated //4 ~ Rear Depth 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ¢'/'NO __ 13. Will lot be re-graded? YES / NO __Will excess fill be removed from premises? YES__NO v'"- 14. Names ofOwner o_.~.prelnises ~J~'lo,,v /¢-P~/,'*,k°Address~¢tg/i~/~r aT 3~¢?l~h°neN°' NameofArchitee~J/- ~-,4,/~lt'r~v,~ / Addresscgo0 ~,/[~-,~',o;./~,~/,.,~4~hone No ~'}~3 Name of Contractor (5~--- /¢A(/V^~o Address 0~'~-~ ~. ,~-,t Phone No. iF IS this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~"~O __ YES, SOUTHOLD TOWN TRUSTEES & D.t~.C. PERMIT,S MAY BE REQUIRED. V ~-. Is this property within 300 feet of a tidal wetland? * YES NO ,/x, YES, VEP, 4rrs m,v BE REOUIRm 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF~ ¢~'~ 4 pf~t~x/ ~3/- ~)r~- I OA/~ ~ o being duly sworn, deposes and says that (s)he is the applicant Name of i/[dividual signing contract) above named, (S)He is the (Contractor, A~ent, Corporate Officer, etc.) of said owner or owners, and is duly author/zed to perform or have performed the said work and to make and file tkis applicati, that ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. · Sworn to }t.~ore me thi~, ~ Nota~blic ~/f/ Signature of Applicant P'RONT ELEVATION ELEVATION FII~.~T FLO~>~ PI,AN I I --/ 5E(.,OND PLO01~. PLAN 51TUATE: NEJN .e~, , OLK TOINN.' ~g12 5i,ITOLK C,C¢~TY, SURVEYEID 04-2~-02 om~ncl~c111-1-02, ~londs Flocjs Io¢~.~d 01-14-0~ SUFFOLK. OOUNT'f TAX ~ I000 -I10 - 8 - ~ C`ERTIFIEE) TO: ANTHON'f H. PALUI'4BO FIRST AP1ERIC`AN TITLE INSURANGE COMPANY OF NEI, N ALL SHORE AE~STt~.AC`T LTl2. NOTES: · MONUMENT 0 PIPE EXISTINO SEPTIC, SNO~N NOT VERIFIED ~Y SURVEYOR Pt~OPE~T'¢ ~.ESII2ES IN FLOOD ZONE OESIONATION "ZONE AE" EL /~ ~ "ZONE X" F:'~OPEt~T"i~ ZONE t:2.. 40 SET E.~,AC,K:S FOR-. NON C`ONFORMIN~ LOT At~EA LINE OF HA¥t~,ALES OURIN6 CONSTF>-UC`TION AREA = 2,~,O25 SF GRAPHIC SCALE N E JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 R1VERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\~I-Ip server~dXPROS~20-166e.pro ?OW~ OF SOUTHOLD IUILDING I~EPARTMENT ?OWN 'HALL IOUTHOLD, NY 11971 ?EL: (631) 765-1802 'AX: (631) 765-9502 xamined ,20 ,pproved 2//¢ }isapproved a/c xpiration 20 __ BUILDING PER~PPLICATION CHECKLIST Do you have~need the following, before applying? ',_~' ~oard of Health C,;~/~ ' 3 sets of Building Plans lhc~ ~ ,.q~ ~-'T-'-~ Planning Board approval PERMIT NO. ' Check Septic Form ~N:Y.S.D.E.C. '"~Tmstees Contact: APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or reds, and waterways. c. The work covered by this application may not be commenced before issuance of Bnilding Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector ~sues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of ~suance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the roperty have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an ddition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the luilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or '.egulations, for the construction of buildings, additions, or alterations or for removal or~dom~on as herein described. The pplicant agrees to comply with all applicable laws, ordinances, building code, ho~g code, ~ regulatiffg~ and to admit uthorized inspectors on premises and in building for necessary inspectionsts.~~.~/~//t~ (Signature o app icant or na~e, i a corporation) (Mailing address of applL-~mt) ~/~Z~-~ ;tate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ,~ame of owner of premises f applicant is a corpora/tion, signature of duly authorized officer (Name and tit~e of corporate officer) (As on the tax roll or latest deed) ~uilders License No. 'lumbers License No. ~lectricians License No. )ther Trade's License No. · Loc.0tion of land on which proposed work will be done: House Number Street County Tax Map No. 1900 Section Subdivision ,4///~ ( ame) Hamlet Block ~) Filed Map No. Lot ~ Lot 2. State existing use and occu~cy of premises and in, tendedtus~ and o~ancy of proposed conslmct~n: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. V" Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars ,~/~ t' Fee (To be paid on filing this ,ajpplication) Number of dwelling units on each floor Mt/l~- 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. A//~ 7. Dimensionsofe_~xistingstmctures, if any: Front ~/~ Rear "-- .Depth "'- Height Number of Stofie~ -- Dimensions of same structure with alterations or additions: Front .~,v/,~[ Rear - Depth ~-- Height. '- Number o(St ories -- 8. Dimensiorts of.entire new construction: Front ~/~-'/ Rear ~¥~.0" Depth I'[~-'# Height o~'~" ~f" Number of Stories Q 9. Sizeoflot: Front ! ?¥,~ ~3' { ¢ r Rear o-9 0 9. Oepth t o; 3' x ,t D7,7. ¢42 10. Dateofmurchase/~q] J0/~ Name of Former Owner /~O~-~t~q~} //~4a/t~o ll. Zone or use district in which premises are situated A ~ ~-"[(,,,~'/r,;~o 8 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~'"NO__ 13. Will lot be re-graded? YES / NO__ Will excess fill be removed from premises? YES NO ~ 14. Names of Owner o_f_pretuises ~{'~o~¥ ~(. f,~,~&Address~ZflJ6~t~.c -rr ff~hone No. ~/c/~_ F'Pti'o? NameofArchitee0/- J,/~-,q,~t't~V,q ~ Addresso~o0 ~,,,/$,~,. ~,.,/,~ul~honeNo ~'.-~ ~ /~Y~' Name of Contractor 6~-,~,,~c ~d/U^~o Address 0u~-k~J4,./~,zPhone No. ¥~F-- 8:7I-~ ~. ~. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES k/~O __ YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMIT,S MAY BE REQUIRED. Is this property within 300 feet of a tidal wetland? * YES NO YES, D.E..C. PERMITS MAY BE REQUiRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines~ 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF..~/~-~ I k ) ]Z[ ~f'X/~'),'' /"[' PO4- ~ c)~['k ~ o being duly swonk deposes and says that (s)he is the applicant (Name of ifidividual signing contract) above named, (S)He is the J (Contractor, A'~nt, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this applicatio that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. ~ ~ day of ~./_)~'c~',"t~£~ 20 0 ~ ~ Notar~ublic f/~/ Signature of Applicant Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/11/03 Transaction(s): Application Fees ReceiptS: Check#: 136 Total Paid: 0 Subtotal $400.00 $400.00 Name; Palumbo, Anthony 47 Newins St. Patchogue, NY 11772 Clerk ID: JOYCEW Internal ID: 70519 ZONING BOARD OF APPEALS .- TOWN Of SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicar:~t) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- I(~ _ c~ _.~ COUNTY OF SUFFOLK) STATE OF NEW YORK) -X residing at ~//'7~_ ~-¢,',v New York, being duly sworn, depose and say that: sT¸ Onthe ~d dayof /,¢1~, , 2003.1personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has re~ place f.~en days prior to the date of the subject hearing date~pcd~-~,~-sh~own to_.be (Signature) (Notary Public) [~'.LI.AYE D. KRUSE'~ ttotary Public, State of New York Qualified In Suffolk County 01KR7360260 Commlsllofl Expires May 31, ~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda. Kowaiski~Town. Southold.ny.us or Paula.quintleri~,Town.Southold.ny. us Jessica. Boger~,Town.Southold.ny. us fax (631) 765-9064 April29,2003 Re: Chapter 58 - Public Notice for Thursday, May 15, 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 Long Island Traveler-Watchman newspaper. 1) Before May 5th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to aI. JI 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 at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before May 7th.' Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the sign should remain up until the day of the hearing. 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.) If you need a replacement poster, please contact us. 3) Before May 7th, please either mail or deliver to our office your Affidavit of Mailinf:l (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 er deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By May 14th, please file your Affidavit of Posting with our office to show proof that the sign has been posted for seven (7) days. 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 L]~GAL NOTICE REGgULAR N4~EET1N G SOUT~LD T(3WN BOARD OF APPEALS 'THU~AY, M~Y 15, 2003 NOTII~E is HEREBY GIVEN~ pursuant to Section 267 of,!~the Town Law and 00 (Zoning), Code of the of Southold, the fol- lowing will be held the 'SO~JTHOLD )F APPEALS at the Haft:; 53095 Main Road on . May 15, 2003, at the times (or as soon 9:30 [issa Corwin Clark ~305. on the Buildi ~r~ iDepartment's Noveml/er 26, 2002 Notice of Disapproval, this is a request for a Varia~e under- Section 100- 242A f~i' a second-floor addi- tion an~lteration to an existing single-~ily dwelling with a setbackgn a single side yard at less tha~il0 feet and lesslhan 25 feet for~oth side yards, at 375 Brown Street, Grcenport; Parcel 1000-4.~3-22. 9:35 ~m. John and Kathleen Ahearnt.~5359. Based on the Building, Department's April 29, 200~ I~,ptice o~~ Disapproval, apphca~ts request %nantes under ~ctions ~00-242A and 100-244B, for a proposed porch addit, io~which will not meet the code s t~luired s~tbacks on one side ya~t of 10 feet and 15 feet on the ~er side,'and which will exceed i~e 20 pex~ent lot cover- age limitation bf the code. Locati0~ of Pr0p¢rty: 480 Dawn Drive, ~Oreenpor~3 10000-35-5- 13. 9:40 #5282. the Building 9, 2002 this is a under a garage a 10 feet for a single tess than 25 and less than 3 lot line Shore Road, [000-534-6. Based on Notice this is a Section,~100-30A43 to raise the roof tt{",second-~torv height at the exig~l~ single-family dwelling, at less than 35 feet from the:front property fine. Location eof Property: 380 Wicks R~ad, New Suffolk; Parcel 10~-110-8-17. 10:00 ta.m. Edward and Roberta 'Xrippe #5300 and #5308. B~sed on the Building Departmel~'s January 21, 2003 amended lqt0tice of Disapprovall applicant~_ request Variances under So, lion 100-33, Section 100-31A~*{O construct an acces- sory sxvimming pool and garage/accessory structure in the front ~gard area. The acces- sory buil~g was disapproved also as aaecond dwelling con- stmctiom:doy design. Location of Property: Central Avenue, Fishers Island; Pa3cel 1000-6-3- 6.1. ,) 10:10 a.~. Anthony Palumbo #5310. l~sed on the Building Department's January 15, 2003 Notice of' Disapproval, appli- cant reque-~ts a Variance under Section 100-244 to construct a uew dwelling at less than 50 feet from the~ear lot line, at 3550 Gmthwo~ Rd., New Suffolk; Parcel 1000-110-8-3. 10:20 a.m. John Severini #5303. B~sed on the Building Departmem's January 10, 2003 Notice ~ Disapproval, appli- cant requ.~sts a Variance under Section ~0-239.4B to construct addition(~ to the dwelling at less than~5 feet from the exist- ing bUl~ad, at 565 Gull Pond Lane, Ot~nport; Parcel 1000- 35--46-2~7. . ~:~ila~-Matthew R. Maurq #52'76. ~ased on the Buikling Departnt~t's November: 12, 2002 N~tice of Disapproval, appficant~requests a Variance trader S~fions, 100-242A and 100-244B for 'as built" addi- tions an~L~glteratinns to an exist- ing dWe[~ng with a single side ya~rd at~!ess than 10 feet. Locafio$. of ProPerty: 300 Bartley goad, Mattituck; Parcel i000-i4~/r3-29. 10:40 ~. S. Sachman and A. ~5302. Based on the Buildin~epartment's October 1, 2002 ~tice of DisapProval, appfican~ request a Variance under S~tions 100-33C and 100-32 11~ locate an accessory swimmi~l$ pool as an accessory structure]at less than 50 feet from thedfi-om lot line, at 4705 Nassau l~int Road, Cutchogue; Parcel l{{l{0~ 111-9-9. 10:50: a.m. D. and V. ~ #5315. Based on the B~ding Department's January(k~0, 2003 Notice of Disappr~lY, al, applicants request a Varian~ under Sections 100- 242A an~100-244, to construct addition~ltemtions to an:exist- ing dwel~g at less than 20 feet on a si~e5 side yard and less than 45 ,{~et, at 690 Old Woods Path, Sol, old; Parcel 1000-87- 11:00 g-a.m. Richard W, n1#5304. Based on Departs. ~fs 00'3' .Notioo. of Disappr~lla},. applie, aut mque~s ~ under Seeti(m?100~ dw~.~,gat ~at~29~5 C. R., i ~ Mattittlek; ~Pal~cel 11:10 #5309. Based the': Building November 19, See ,, s next na % COUNTY OF SUFFOLK :I-ATE OF NEW YORK ss: lise Marinace, being duly sworn, says that she is the Legal Advertising I'oordinator, of the Traveler Watchman, ~t public newspaper printed at Southold, ~n Suffolk County; and that the notice of '~ hich the annexed is a printed copy, has ;,ten published in said Traveler :l 'atchman once each week li)r ..... /i....week(~:[ successively. ~ ommeno/ng,,,,,,on the ......... / ...... da'~ of . - ~.. ]./(t~//q ............. ,2003. · .... 'wo'~ to before n~ this t/ dax of · [..~.~.L~; ...... , -003. 'i .......: Notary Public 20(}2 10(,-239 35 pup 1:00 Emily tlamill NOTARY PUBLIC, State of New York No. 01HA~059984 Qualified in Suffolk County Commission expires [~Ilt,r 06, 2006 second use is proposed on a lot edna,S{ess thau:60,000 S:~. l~242A ahd ~ *~d of A~ea!s wm 3 t0,qSonsmct ;an h~';Q&~3~rsons"or their rcpre- ~:-e~mng, ~or desinng idat ia~,~F written statements , bef~e ~e conqlg~ ~of each sta~ e~n~r ~tslgnated ~o~' ~les ~ ~3aihble for ~¢~ng ~ business ~o not ~ to Can ....~ : "" '::: ApP~ ;3il fora under ~,, a nuhlic ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name/ of APl~licants) CTM Parcel#1000- il(O - -3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS UA¥ - 1 2003 ZON~INGBOARD residing at ~-~ · ~.'/A-JfcJ~ o.~ c,¢ , NOW York, being duly sworn, depose and say that: . On the I~-&~ day of //~0~1~ , 20~1 personally mailed at the United States Post O~ce iff ~/~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the atta~ed Legal Notice iu prepaid envelopes addressed to current owners showo on the current assessment roll verified from the o~Cial records on file with ~e~ Assessors, or ( ) County Real ProperlY O~ce ' ~. , for evew properly which abuts and is across a ~lic or p~ivate stre~ or vehicular right.f- way of record, surrounding the appyan~op~y. /// (Signature) 8worn to before me this l~ ~~~ · , 200 ~ NOt~ry Public, State of New York Oomml~lon Expires May 3~, ~ ¢~ Clerk: KFeX~i~ 05/0110,3 of this Affidavit or on a sheet of paper, the lot numbers and addresses for which notices were mailed. Thank NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property APPLICANT: TAX MAP #: REQUEST: If you are interested in this project, you may review the Town file(s) prior to the hearing during, normal business days between the hours of 8am and 3pm. ZONING BOAED ,TOWN OF SOUTHOLD o 631-765-1809 FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL ASSESSORS CARD (7 COPIES) CTY. TAX MAP (7 COPIES + 1) INDEX CARD (ATTACH OLD) LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES FAPPL # ~-~/~2 NAME CTM# TOWN I I [INSPECTION PACKETS COMPLETE ] LREF: UPDATED NEW INFORMATION 1O0o - fi¢ - ~"-3 OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD $ ~ VILLAGE W FORMER' OWNER DIST.! SUB. LOT ACR; d/ - TYPE OF BUILDING RES. 3// SEAS. VL. ~ FARM COMM. CB. MICS. Mkt. Value ID IMP. TOTAL DATE //7/¢ 7 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable FRONTAGE ON WATER Woodland Value Per Value Acre FRONTAGE ON ROAD Meadowlond DEPTH House Plot BULKHEAD Total DOCK