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HomeMy WebLinkAbout25727-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Buildin~ Inspector Town Hall 8outhold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-26959 Date: 03/07/00 THIS CERTIFIES that the building ADDITION Location of Property: 3255 BAY SHORE RD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 6 Lot 8 Subdivision Filed Map No. __ Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 5, t999 pursuant to which Building Permit No. 25727-Z dated MAY 14, 1999 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occuDancy for which this certificate is issued is RAISED BRICK PATIO ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. ZBA #4678. The certificate is issued to VINCENT P & LINDA C. BASILICE ( OWNER ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N/A Aut ~zed Signature Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall $outhold, N.Y. BUILDING PERMIT (THIS PER/4IT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 25727 Z Date MAY 14r 1999 Permission is hereby granted to: VINCENT P BASILICE 12 WAYDALE DRIVE DIX HILLS~NY 11746 for : CONSTRUCT A ~AISED BRICK PATIO ADDITION AS PER ZBA ~4678~ DATED 5-5-99~ & SUBJECT TO TERMS & CONDITIONS OF SOUTHOLD TOWN TRUSTEES. at premises located at County Tax Map No. 473889 Section 053 pursuant to application dated FEBRUARY Building Inspector. 3255 BAY SHORE RD Block 5 1999 GREENPORT 0006 Lot No. 008 and approved by the Fee $ 90.00 ORIGINAL Rev. 2/19/98 BU ] 1.D ING DEPARTMENVl' TOWN HALl. 765-1802 APPLICATION FOR CERTIFICAT]'; OF OCCUPANCY TilLs app]icatiol~ must be filled in by typewriter OR ink and submiLted to lite build1 inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildin~!.s, property ]in~ streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and scweragr-disposal(S-9 foru 3. Approval of electrical installation from Board of Fire 1JnderwrJters. 4. Sworn statement from plumber certifying that the solder used in system coutain~ ]ess than 2/10 of 1% lead. 5. Commercial building, industrial boi]ding, multiple residences md similar bui]~ and installations, a certificate of Code Coml~li,mce [rom at,hire, ct oI cnp. inee~ responsible for the building. 6. Submit Planning Board Approval of completed site plan requiromcnta. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings Vpre-existing" 1. and uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applic~ If a Certificate of Occupancy is denied, the Building Inspector shall state th~ reasons therefor in writing to the applicant. C. Fees i. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory ~ui%~ing $25.0( Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Buildin~ - $i00.00 3. Copy of Certificate of Occupancy - ~ .25~ 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 ,/ , Date ...~ .~...~...~./..~ ........... New Construction ........... ~ Old Or Pre-existing Building ................. oc tion of Property..'5.z .. .. ............. P. House No. Street Hamlet~/'~ Onwer or Owners of Property...~Z~.¢~-~... .... .~.~..Z4Z~.. ............................ . · Co nty T= 1000, ection.. . ........ ........... ot. Subdivision..-~ ~ *t~.2.7 ........................ Filed Map ............ Lot ................ Permit No~ ..... Date Of Permit ................ Applicant ....................... Health Dept. Approval .......................... Underwriters Approval ................... Planning Board Approval ........................ ,~k~P'EAL,S BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND De I LRMINATION MEETING OF MAY 5, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Sou,hold, New York 11971 ZBA Fax (516) 765~9064 Telephone (516) 765-1809 Appl. No. 4678 - VIN(~ENT BASILICE 1000-53-6-8 STREET & LOCALITY: 3255 Bay Shore Road, Greenport DATE OF PUBLIC HF_ARING: April 22, 1999 FINDINCx¢ O? PROPERTY FACTS/DESCRIPTION: Applicant's property Is located along the east side of Bay Shore Road, Greenport. A survey map of unknown date, prepared for pdor owner Goodrich, shows 75 ft. lot width and 155 ft. lot depth to ordinary high water, for a total area of 11,625 sq. ft. However, the Building Inspector's disapproval is based on an area of 13,112 sq. ft. The property is improved with a principal single-family dwelling, set back 55+- feet at its closest point from the front property line, 17 feet from the southerly property line and 7+- foot setback from the northerly line. The current lot coverage is approximately 2172 sq. ft. BASIS OF APPEAL: Two Notices of Disapproval dated February 23, 1999 for raised brick patio areas in excess of 20% lot coverage limitation and less than 75 feet from the bulkhead, Article IIIA, Se~ion 100-30A.3 and Artide XXIII, Section 100-239.4B. RELIEF REQVE~'FED: Applicant is requesting variances authorizing a raised brick patio area of 1102 sq. fL according to the Building Inspector's calculations, and located 17 feet from the bulkhead at its closest point. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The patio is partially constructed and consists of bricks set in sand within retaining walls of sand-filled decorative concrete blocks. The highest segment of the patio is almost 3 feet above grade, at the level of the floor of the house; the lowest segment is about i foot above grade. Applicant testified that he undertook the project in reliance on advice from a Town employee to the effect that no permit would be needed for a patio of bricks set in sand. However, alter the work was underway, the Building Inspector's Office issued a stop order and disapprovals. (2) The Building Inspector calqulates lot coverage without the paMo as 16.6%; coverage would be greater If the smaller lot size referred ~ above were used. Applicant tes'dfled he wishes to build a large patio in order to suppress insects in his rear yard. Given the lot size and the size ~Page 2 - May 5, 1999 Re: 1000-53-6-8 ZBA Appl. No. 4678 - Basilice of the existing house, applicant needs a lot coverage variance in order to have any patio of the sort he envisions. (3) Because tile house is only 53 feet from the bulkhead, applicant needs a setback variance in order to have any sort of above-grade patio at the rear of the house. (4) The neighborhood is characterized by small lots with a fairly high degree of lot coverage, and it is common for structures to be located less than 75 feet from bulkheads. Having in mind that it is in the interest of the neighborhood to avoid creating a greater sense of crowding or greater encroachments on the water views, the Board concludes that grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the amount of excess lot coverage is limited and the open water views enjoyed by applicant and his neighbors are protected. (5) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to construct the sort of paUo he envisions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUT[ON/AC-T~ON: On motion by Member Collins, seconded by Chairman Goehdnger, it was RESOLVED, to DENY the vadance as applied for, and to GRANT ALTERNATIVELY a variance authorizing construction of a non-permanent patio of bricks set in sand, which shall have a total area of no more than 925 sq. ft., shall be no less than 20 feet from the bulkhead at the closest point, and shall remain at all times unenclosed and open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHR/NGER, DINIZIO, TORTORA, COLLINS. (Absent was Member Homing, of Fishers Island.)/TJ~~' n~s~]l~/~Jo~j;~ 4-0). /J GERA~O P. // CHAIRMAN ..... AND FILED BY TH~ SOUTilCLD T<i Town Clerk, Town o[ So,~hold FROM : PHONE NO. : M~. i4 2999 82:51PM P2 New York State Department of Environmental Conservation Building 40 - SUN¥, Stony Brook, New York 11790-2356 Telephone (516} 444-0365 Facs{~le (516! ~.~ 0373 Vincent & Linde Basilice 3255 ~ayshore Road Greenport, NY 11944 Date:August ~2, 1996 Commissioner Basilice Property 3255 Bayshore Road Greenpor~. sctm$ 1000-53-6-e Application # 1-4738-01409/00001 Dear Mr. Basilice: Based on the information you have submitted, ~/%e New York State Department of Environmental Conservation has determined that: The property landward of the bulk-head grea~er than 100' in lenq~h, constructed prior to August 20, 1977, as shown on the survey prepared by Otto W. V~nTuyl dated 8/21/62, is beyond the jurisdiction of the Article 25 Tidal wetlands Regulations. Therefore, in accordance with ~he o~=ent Ti~al Wetlands Land Use R~gulattons (6NYCRR mart 661) no per, it is required u~der the Tidal Wetlands Act Please be advised, however, that no construction, sedimentation, or disturbance of a/~y ki~d may take place seaward of the tidal wetland~ jurisdictional boundary, as indica=ed above, without a permit. It is your responsibility to ensure that all necessary ~recautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to ~0~ w~de construction area) or erecting a ~emporary fence, barrier, or hay bale ber~. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary' permits or apDrovals from other agencies. cc:KK/file strater Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. DATE: 9/26/96 ISSUED TO VINCENT· &.. L!NDA BASILICE Pursuanf fo +he provisions of Chap+er 6t5 of {'he Laws of {'he Sta+e of New York, 1893; and Chaplet 404 of fhe Laws of fhe Stele of New York 1952; and ~rhe Soufhold Town Ordinance en- 'rifled "REGULATING AND THE PLACINC= OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and {'he REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance wifh fha Resolufion of The Board adopfed afa meefing held on 9/2.5/96 19 96, and in consideration of fhe sum of $150.00 paid by Craig M. Arm for.VINCENT & LINDA BASILIGE of Grcenport N.Y. and subiecf fo Terms and CondHions Ils+ed' on fhe reverse side hereof, of Soufhold Town Trusfees aufhoHzes and permifs fhe following: Wetland Permit to construct a 4~X211 addition and install an 18' X Bi' brick patio and install leaders, gutters and drywells for whole structure. Peconic Bay all in accordance wlfh fhe de~'ai[ed speclflca{'ions as presented in {'he orlgina~rlng application. IN WITNESS WHEREOF, The said Board of Trusfees here- by causes ifs Corporate Seal +o be affixed, and these presen+s fo be subscribed by a maiorlt¥ of the said Board as of +his dat,e. Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765- 1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER TO: Vincent & Linda Basilice 12 Waydale Drive Dix Hills, New York 11746 YOU ARE HEREBY NOTIFIED TO SUSPEND glJ. WORK AT: 3255 Bay Shore Rd.t Greenport~ New York TAX MAP NUMBER -1000-53-6-8 Pursuant to Section 45-8 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded BASIS OF STOP WORK ORDER: Construction beinq done within 75 ft. of bulkhead without obtaininq a Buildinq Permit. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: when proper permits are issued. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. DATED: 1-28-99 ~ ~~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-t823 Telephone (516) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOI,]-) ORDER TO REMEDY VIOLATION TO: Vincent & Linda Basiltce 12 Waydale Drive Dix Hills, NY 11746 Date: 1/28/99 PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance - Article XXIII Section 100-239.4B Other Applicable Laws, ordinances or Regulations Chapter 45-8 at premises hereinafter described in that: Construction is beinq done without first obtaininq a buildinq permit and within 75' of a bulkhead. In violation of Chapter 45-8 YOU ARE THEREFORE DIRECTED AND ORDERED TO comply with the law and remedy the conditions above mentioned IMMEDIATELY The premises to which this ORDER TO REMEDY VIOLATION refers are situated at: 3255 Bayshore Rd. Greenport NY SUFFOLK COUNTY TAX MAP 1000-53-6-8 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. // (Cert. Mail) Albert J. Krupski, President John Holzapfel, Vice President " Jim King Martin H. Gan-ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 September 26, 1996 Craig M. Arm P.O. Box 1675 Southotd, NY 11971 Re: VINCENT & LINDA BASILICE EC?M ~53-6-8 Dear Mr. Arm, The following action was taken by the Board of Town Trustees during its regular meeting held on September 25, 1996, regarding the above matter: WHEREAS, Craig M. Arm, on behalf of VINCENT & LINDA BASILICE applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated Sept. 6, 1996, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 25, 1996, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW T~EREFORE BE IT~ RESOLVED, that the Board of Trustees approves the application of VINCENT & LIN]DA BASILICE to construct a 4' X 21' addition and install an 18' X 51' brick patio and install leaders, gutters and drpwells for whole structure. Located: 3255 Bayshore Road, Greenport. SCTM #53-6-8 BE IT .FURTHER RE$OLYED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct project will expire two years fr~ the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion cf said project. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC APPEALS BOARD MEMBERS .~ ~ Gerard P. Goehringer. Cnairmafi~'[:: ......... ' "~'~/"~a~ I Doyen. Jr. ; .~ ....... James Diffizio, Jr. ~ ' Ly~a A. Tonora ~ ~¢~> L~, --~BOA~ OF APPEALS TOWN OF SOU~OLD ACTION OF THE BOARD OF APPEL8 APPLICANTS: Southold Town Hall 53095 Main Road P.O. Box ti79 Southold. New York 11971 Fax (516) 765 - 1823 Telephone (516) 765-1809 August 21, 1996 V{NCENT and LINDA BASILICE. Appl. #4409 ,LOCATION OF PROPERTY: 3255 Bay Shore Road, Greenport, NY, also shown on the Subdivision. Map of Peconic Bay Estates. 'COUNTY TAX MAP DISTRICT 1000, SECTION 53, BLOCK 6, LOT 8 BASIS OF ACTION: July 23, 1996 Notice of Disapproval from the Building Inspector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 49 ft. setback from existing timber bulkhead f~r a new dwelling addition (extension of 4' by 21' into the rear yard ). MOTION MADE BY: FI. Villa SECONDED BY: S. Doyen RESOLUTION ADOPTED: APPROVED 49 FT. SETBACK FROM EXISTING BULKHEAD for the proposed 4' x 21' extension at the rear of dwelling which was referr~d for ZBA jurisdiction under the July 23, 1996 Notice of Disapproval from the Building Inspector. (Note: An on-grade patio as shown on the 7-10-96 sketch has not been a part of this application since the zoning code exempts patios at or below grade from the permit requirements. Any on-gr~ade patios, sidewalks, and other improved areas shall not be enclosed without further application to the Building Inspector for permits, and if necessary to this board and other agencies having jurisdiction.)' REASONS/FINDINGS: Addition is proposed with a reduction of the existing established setback from 53 feet to 49 feet to allow for a new addition. The portion of the addition which has been disapproved by the Building Inspector involves a 4' by 21' wide protrusion into the rear yard. The setback reduction is minimal in relation to the code requirement, and this is the first variance request for a reduction concerning this parcel. VOTE. OF TIt~ BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. Goehringer. (Member Yc~T~'a ~ absent.) This resolution was unanimously adop.t~qt'~-. / ..~//~//' ~., // - GERARD P. GoEilRINGER, .CHAIRMAN Approved ['or Filing Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ~&~'~O DATE:, .9/26/96 ISSUED TO VINCENT & LINDA BASILICE Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952: and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with fha Resolution of The Board adopted afa meeting held on 9/25/96 19 96 , and in consideration of the sum of $150.00 paid by Craig M. Arm for VINCENT & LINDA BASILICE of Greenport N.Y. and subject to the Terms end Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to construct a 4'X21' addition and install an 18' X BI' brick patio and install leaders, gutters and drywells for whole structure. Peconic Bay all in accordance with the detailed specificafions as presented in the originating application. IN WITNESS WHEREOF:, The said Board of Trustees here- by causes its Corporate Seal fo be affixed, and these presents to be subscribed by a majority of the said Board as of this dat,e. New York State Department of Environmental Conservation Building 44) - SUN'(, Stony Brook, New York 11790-2356 Telephone {516} ~744-0365 Facsimile (516) ~44 0373 Vincent & Linda Basilice 3255 Bayshore Road Greenport, NY 11944 Date:August 22, 1996 Michael D. Zagata Commissioner Re: Basilice Property 3255 Bayshore Road Greenpor~. sctm~ 1000-53-6-8 Application $ 1-4738-01409/00001 Dear Mr. Basilice: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the bulkhead greater than 100' in length, constructed prior to August 20, 1977, as shown on the sur~ey prepared by Otto W. VanTuy1 dated 8/21/62, is beyond the jurisdiction of the Article 25 Tidal Wetlands Requlations. Therefore, in accordance with the crocrent Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required ua~der the Tidal Wetlands Act Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands .jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wfde construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. cc:KK/file strator APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1197l Fax (516) 765-I823 Telephone (516) 765- i 809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS August 21, 1996 APPLICANTS: VINCENT and LINDA BASILICE. Appl. #4409 LOCATION OF PROPERTY: 3255 Bay Shore Road, Greenport, NY, also shown De the Subdivision Map of PreDate Bay Estates. COUNTY TAX MAP DISTRICT 1000, SECTION 53, BLOCK 6, LOT 8 BASIS OF ACTION: July 23, 1996 Notice of Disapproval from tile Building hmpector, ref. Article XXIV, Section 100-244B of the Zoning Code concerning proposed 49 ft. setback from existing timber bulkhead for a new dwelling addition (extension of 4' by 21' into the rear yard ) · "~OTION MADE BY: R. Villa SECONDED BY: S. Doyen RESOLUTION ADOPTED: APPROVED 49 FT. SETBACK FROM EXISTING BULKIIEAD for the proposed 4' x 21' extension at the rear of dwelling which was referred for ZBA jurisdiction under the July 23, 1996 Notice of Disapproval from the Building Inspector. (Note: An on-grade patio as shown on the 7-10-96 sketch has not been a part of this application since the zoning code exempts patios at or below grade from the permit requirements. Any on-grade patios, sidewalks, and other improved areas shall not be enclosed without further applicatien to the Building Inspector for permits, and if necessary to this board and other agencies tmvh~g jurisdiction.)' REASONS/FINDINGS: Addition is proposed with a reduction of the existing established setback from 53 feet to 49 feet to allow for a new addition. The portion of the addition which has been disapproved by the Building Inspector involves a 4' by 21' wide protrusion into the rear yard. The setback reduction is minimal in relation to the code requir(~mcnt, and this is the first variance request for a reduction (:oncoming this parcel. VOTE OF TIIE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, and Gerard P. ,Goehrflager, (Member ¥ortm-a ~q at:r~Wc.) This resolution was unanimously adop~../ ,~-"--D "~/ .~ //~ GERARD P. GOEitRINdER, CHAIRMAN "' Approved for Filing FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROV/A'L }.o,( / . ~-- ?~te ...-~,-~. · ~- - - -/-~- ~ ~-' .... ' ~ouse mo. ~ ~ - ' $t~ot ~ ' ~ Hamlet ~o~ ~ ~ ,o. ,ooo ~o~ ..... ~. . . ~,o~ . . . ~. : ....... ~o~ . .~ ......... Subdivision ................. Filed Map No. ~ .............. ~ No .................. is returned herewith and disapproved on the folIow~g grounds ...~~ .~ .... .~ ...... ~z~L.~.~~.~.~ ...... .... ~. ~~~..~. ~~_~~. .......... RV 1/80 FO[~'~ NO. 3 TO~'I OF SODTtIOLD BUILDING DEPARTHENT SOUT~OLD, N.Y. NOTIC~ OF DISAPPROVAL BATE: 2/23/99 To Vincent & Linda Basilice 12 ~aydale Dj. NY 11746 ~ix ~il~s, ................. PLF~SE TAK~ NOTICE that your application dated .... ~FP~.rY.~, ..... permit to construct a raised brick oatio ' at Locatlou of Property ......... Road House No. Street County'TaXHap No. !000 - Section 53 BLOCK ~ LOT 8 Subdivision ......................... . . . . . . Filed Hap No ....... .. . Lot No ...... is returned herewith and disapproved on the fo~Xowlng grounds ..~~ i~ ~t~in o75] of ~ ~i~ting ~uikhead. Unde~ Ar£}cle. XXiII~ Section 100-239.4B, where there exists a bulkhead, all construction shal! be setback no less than 75~ from bulkhead. BUILDING INSPECTOR Hichael J. Verity ~v t/80 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing 4 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERAT[ONS AND D~I LRMINATION MELIING OF MAY 5, 1999 Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4678 - VINCENT BASILICE 1000-53-6-8 STREET & LOCALITY: 3255 Bay Shore Road, Greenport DATE OF PUBLIC HEARING: April 22, 1999 ?INDINGS OF F/ICi- PROPERTY FACTS/DESCRIm iON: Applicant's property is located along the east side of Bay Shore Road, Greenport. A survey map of unknown date, prepared for prior owner Goodrich, shows 75 ft. lot width and 155 ft. lot depth to ordinary high water, for a total area of 11,625 sq. fL However, the Building Inspector's disapproval is based on an area of 13,112 sq. ft. The property is improved with a principal single-family dwelling, set back 55+- feet at its closest point from the front property line, 17 feet from the southerly property line and 7+- foot setback from the northerly line. The current lot coverage is approximately 2172 sq. ft. BASIS OF APPEAL: Two Notices of Disapproval dated February 23, 1999 for raised brick patio areas in excess of 20% lot coverage limitation and less than 75 feet from the bulkhead, Article IliA, Section 100-30A. 3 and Article XXIII, Section 100-239.4B. REL[EF REQUESTED: Applicant is requesting variances authorizing a raised brick patio area of 1102 sq. ft. according to the Building Inspector's calculations, and located 17 feet from the bulkhead at its closest point. REASONS FOR BOARD ACTION, D~BED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The patio is partially constructed and consists of bricks set in sand within retaining walls of sand-filled decorative concrete blocks. The highest segment of the patio is almost 3 feet above grade, at the level of the floor of the house; the lowest segment is about 1 foot above grade. Applicant testified that he undertook the project in reliance on advice from a Town employee to the effect that no permit would be needed for a patio of bricks set in sand. However, after the work was underway, the Building Inspector's Office issued a stop order and disapprovals. (2) The Building Inspector calculates lot coverage without the patio as 16.6%; coverage would be greater if the smaller lot size referred ~ above were used. Applicant testified he wishes to build a large patio in order to suppress insects in his rear yard. Given the lot size and the size Page 2 -- May 5~ :1999 Re: 1000-53-6-8 ZBA AppL No. 4678 - 8asilice of the existing house, applicant needs a lot coverage variance in order to have any patio of the sort he envisions. (3) Because the house is only 53 feet from the bulkhead, applicant needs a setback variance in order to have any sort of above-grade patio at the rear of the house. (4) The neighborhood is characterized by small lots with a fairly high degree of lot coverage, and it is common for structures to be located less than 75 feet from bulkheads. Having in mind that it is in the interest of the neighborhood to avoid creating a greater sense of crowding or greater encroachments on the water views, the Board concludes that grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the amount of excess lot coverage is limited and the open water views enjoyed by applicant and his neighbors are protected. (5) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to construct the sort of patio he envisions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUT/ON/ACT~ON: On motion by Member Collins, seconded by Chairman Goehdnger, it was RESOLVED, to DENY the vadance as applied for, and to GRANT ALTERNATIVELY a variance authorizing construction of a non-permanent patio of bricks set in sand, which shall have a total area of no more than 925 sq. lt., shall be no less than 20 feet from the bulkhead at the closest point, and shall remain at all times unenclosed and open to the sky. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLliNS. (Absent was Member Horn,ng. of,,sh s,sla o 4-0). : Town Clerk, Town of Southolcl '~.. MASDA'LEt',,IE_... GOODP-..IEH PRO~I : PHONE NO. : Mag. 14 lggg 02:51PM P2 New York State Department of Environmental Conservation Building 40 - SUN¥, Ston~' I~ook. New York 11790-2356 Telephone {516) 444-0365 Fees{mile (516) ~?.4 0373 Vincent & Linde Basilica 3255 B~yshore Road Greenport, NY 11944 Date:Auqust ~2, 1996 Michael Commlssto~ef Basilics Property 3255 B&yshore Road Greenport. sotm# 1000-53-6-8 Application ~ 1-4738-01409/00001 Dear ~ir. Basilica: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the bulkhead greater than 100' in length, constructed prior to Aup~/st 20, 1977, as shown on the survey prepared by otto w. VanTuyl dated 8/21/62, is beyond the Jurisdiction of ~he Article 25 Tidal Wetlands Re.q%llations. Requlations (6NYCRR ~art 661) no permit is required under the Tidal Wetlands ACt Please be advised, however, that no construction, sedimentation, or disturbance of a~y kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a pe~it. It i~ your responsibility to e/~sure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining a~equate work area between the tidal wetlan~ jurisdictional boundary and your project (i.e. a ~5' to ~0' w~de constr~ction area) or erecting a temporary f~nce, barrier, or hay bale ber~. Please be fua~ther advised that this let=er does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. cc:KK/file trator FORM NO. 3 TO~N OF SOUT~OLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To Vincent & Linda Basilice 12 Waydale Dr. 11746 ..Di~.~ill~o.bP~ .................. ... . ... PI.RASE TAKE ~OTICE that your application dated .F.~k~r~.3. .......... 1~? for permit to coustruct a raised brick patio ~reenport Location of Property 3255 Bayshore Road .................. House Ho. Street Hamlet 53 6 8 County Tax Map No. [000 - Section ..... BLOCK ....... LOT ..... Subdlvls£on ................ , .. . . . ..... . .... Filed Map No ....... . o .Lot No ....... is returned herewith and disapproved on the following grounds ~9~.~ ...... proposed construction will exceed 20~ lot coverage. Under Article IIIA, Section ]00-30A.3~ lot coverage shall not exceed 2OZ. The existlng13,112 Sq. Ft ---~;: ...... ~ ...... ~ ............... ; ........... ./ ........... ~ ....................... ~ excee cover ge by more or ess 652 Sq. t. (See' Atta ed Sheet) BUILDING INSPECTOR Michael J· Verity RV I/SO £1~D INSPIgCTION REPORT DATE CO~'IENTS " OUNDATION ( I ST) OB%IDAT ION (2ND) OUGE FRAME & PLUMBING NSULATION PER N.Y. ~ STATE ENER~E' ~ CODE I FINAL tt ADDITIONAL CO~qENTS: APPLICATION FOR BUILDING PERItlT INSTRUCTIONS 3 SETS OF PLANS ............... SURVEY . CHECK ......................... SEPTIC FORIt ................... Date ........... 19... a. This application mst be ~n~.letely filled in by typewriter or in ink and subnitted to the Building Inspector 3 sets of plans, accurate plot plan to scale. Fee according to r~ule. b. Plot plan d~ring location of lot and of buildings on premises, relationship ro adjoining premises or public s~reets or areas, and giving a de~ailed description of layout of property mint be dra~n no the diagram ~id~ is pert c this applicat ion. c. l~e ~ork covered by this applicatino my not be o-,'~aeed before issuance of Building Permit. d. Ulxm at~oeal of this a~plicatino, the Building Inspector ~ill iseue a Building Pennlt to rbe applicant. permit shall be kept on the p,,~ises available for inspection rhrongho~ the turk. e. No building shall be occupied or used in whole or in part for any purpose ~,batever until a Certificate of Occupancy shall have been gran~e~i by the Building Inspector. ~PLICATIC~I IS ~ ~ ~o the Building Departmmt for the ism of a 1]uilding Pennlt purauant to the Building Zcme Ordinance of the Toan of ~gaold, Suffolk Co. mC-y, P~a York, and other applicable La~, Ordimmaes or Regulatians, for r_he ~l:ruction of buildings, additions or alterations, or for ~ or tt,~mlition, as herein &scribed. 1[he applicator agrees to t~,~ly with all applicable la~'s, ordirmnees, building code, housing code, and re~latior~s, and to ~!t ant~orized inspectors on premises and in building for nece~_ssa~-y~ inspections. (Signature of applicant, or name, if a corporatian; / ..... ~....,.. ~ .............. .,~r~,t~02 · ~ 1'0 4 PM FOR THE 1 ~ - ~0 REQUIRED ~~~n C.O. A~ ~N~U~ON SHALL MEET ~E REtiReMENTS OF THE NY. ........................................... OCCUP~.NCY OR (~,~ ~ t~tl~ o~,~ o~) USE IS UNLAWFUL WITHOUT CERTIFICATE ~"~ ~'~ ~ ................. OF'O~CUPANCY Pl~rs ~ ~ .......................... ~A~ ~N~U~ION i ENERGY El~t~ci~ ~ ~ ..................... ~ x ~. ,~ RE~P~N~IBLE F~~ ~..~. l~a~:.~+...~~ ~ ~ ~ ~0~0~,0, 1. ~t ' ~ ~ ~i~ ~ ~ ~11 ~ ~ .......... ' ....... .'~ ..................................... ....... ..... ..... ....... ............................. ~i~si~ .............................. . . . .. . . . Fil~ .......... . . .... ~c . ............. . (~) 2. S~ ~sti~ ~ ~ ~ of ~s ~ int~ ~ ~ ~ of ~ ~C~ti~: .. ~ ~ ~ ~ ....... ~.~:...~ .............................................. b. ~ ~ ~ ~ ......... : .... ~ ....................... "': :U,7: ......................... 3. ~ture oE ~ (~ ~i~ a~li~le): ~ ~i~di~ .......... ' / ~ ~ ~ ' ............ ............. ............ (to ~ ~id ~ fili~ this ~li~ti~) I[ ~lli~, ~r of &lli~ mits ............ ~r of &lling mlts m e~ flmr ................ I~ ~imss, ~mial or ~ m~, ~i~ m~e ~ ~tmt of ea& ~ of m ...................... - , ~, Dimnsi~s of ~sti~ storms, if ~: ~t..~. .......... ~ ~ .......... ~pth ................. }}i~t ..................... .. . . ~r o[ Stories ..... J ............... 9~mi~ of m stem ~ alteratim or ~itims: ~t ............... ~ar ............... ~pth ................... ~i~ ................... ~r o[ Stories ~i~si~ of ~tim ~ mtxtim: ~t ................ ~ar ............... ~p~h .............. ~i~r ........................ . ~r o[ Stories ....... Si~ of lot: ~t ~ ~ ~pth ~te o~ ~ ..................... ~ of Four ~r ........................................ ~ or ~ district in ~i~ ~i~s am s~ ~s ~ ~t~tlm viola~ ~ ~i~ 1~, o~i~ or ~la~i~:..........~e~ .............. 15. Is tiffs gr~in ~ ~t o~ a ti~l~tl~? ~ ~ ...~.... ~ .......... *~ ~, ~ ~ ~A~ ~ ~ ~ ~L~. ~ 00~/ PLOT ~ate cl~rly ~ dlsti~tly all ~ildi~, ~r ~isti~ ~ ~, ~ i~i~te all ~t-~ d~iot~s ~r ~rltetior or ~r lot. I0. 12. 13. 14. (Signature oE Applicant) (~ o[ i~ivi~ si~i~ ~tr~t) i, .... ........ : .......................................................................... (~tractor, ~nt:, co.rate offlcer, etc.) of ~id ~r or ~ra, ~ ia ~l.y ~tl~ri~ to ~rfom or h~ ~rfo~ dm ~id ~ ~ to ~ ~ fire this a~licat/~; ~at all star--ts ~tai~ in ~is ~l~ti~ are t~ to ~e ~st o[ his ~l~ a~ ~liefl ~ that ~ ~d ~i11 ~ ~r~ i. tls ii~,,~r ~t forth in ~e a~ti~ti~ fil~ tMOn.