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HomeMy WebLinkAbout5628 k- 3U 115 �, ,t- go.co & P So 9 64V-I i• (9,9 ,0(1 )"S.Y A-PDA) -r'=:yS r I — OU Ac ,5-6 Z 8' -bel.b o l Fe.-t' Trez rho evi- f-no. Loi Line - - C,k0_,r,ee iler.a1 P(') 1)L10 Opp''`• I' • C ] OFIFOLit APPEALS BOARD MEMBERS ‘„,��� 060'-• Southold Town Hall Ruth D. Oliva, Chairwoman �� ? °' 53095 Main Road Gerard P. Goehringer � , ` 2 P.O. Box 1179 Lydia A.Tortora 611 t. Southold,NY 11971-0959 Vincent Orlando x` r �/ Tel. (631) 765-1809 James Dinizio,Jr. _ � Fax Fax (631) 765-9064 RECEIVED I€ / http://southoldtown.northfork.net /-(c90/0 BOARD OF APPEALS JAN 1 1 2004 TOWN OF SOUTHOLD 3.04 10' Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2, 2004 ZBA No. 5628—Thomas De Wolfe, CTM 34-3-50 (& Nancy Tramontana, CTM 34-3-39) Location of Properties: 410 and 301 Champlin Place, Greenport. 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 (Thomas De Wolfe) owns CTM Lot No. 50, containing 4,727.70 square feet, improved with a dwelling and accessory building as shown on the 9-12-01 survey map prepared by John C. Ehlers. The adjacent lot (CTM No. 39) contains 5,020 square feet, which is also improved with a dwelling and accessory building, owned by Nancy Tramontana. Both parcels are located along the west side of Sterling Place in Greenport. BASIS OF APPLICATION: Building Department's October 4, 2004 Notice of Disapproval, citing Code Sections 100-30A.3 and 100-244B, in its denial of a request for a lot-line change between CTM Lots 39 and 50. The reasons stated in the Disapproval are: (1) the code requires a lot width at a minimum of 150 feet, lot depth 175 feet, and lot area of 40,000 sq. ft.; with the proposed lot line change the lot will be reduced from 5,120 sq. ft. to 4,922 sq. ft. (2) rear yard setback will become more nonconforming with an indicated rear yard setback of 25 feet, down from 27 feet, and the code requires a rear yard setback of 35 feet; and (3) the accessory shed would be less than one ft. from the rear yard, instead of the code required three feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004, 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: In the application, the applicant is proposing an increase for CTM Parcel 50 from 4,727 square feet to 4,925 square feet, and a reduction for CTM Parcel 39 from 5,120 square feet to 4,922 square feet, in a proposed lot-line change application, and to allow the existing accessory shed to remain in its present location, a portion of which is 7.2 inches from the new division line between the two parcels, as shown on the 9-12-01 map prepared by John C. Ehlers, surveyor. Page 2—December 2,2004 ZBA No.5628—Thomas DeWolfe;Nancy-I idmontana CTM 34-3-39,50(separate lots) REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Both lots have been developed for many years with a single-family dwelling and accessory building. The exchange of property in this R-40 Low- Density Residential zone district will allow the owner to obtain an additional 3:9+- ft. width, removing the existing encroachment of the existing dwelling, and providing for a yard area along the northerly side of the dwelling on CTM Parcel 50. The result is an exchange of 198 square feet of land area between the properties. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. There is no other land area or other method available to achieve these intentions. 3. The variances are not substantial. Lot 50 will be increased in size by 198 square feet. Although the setback to the southerly (DeWolfe) dwelling will be increased, the setback of the existing (Tramontana) accessory shed from the new division line creates a reduction of 2.4 feet, instead of the required three feet on CTM Parcel 39. 4. The difficulty is self-created and is based on the existence over the years of the existing buildings and preexisting, nonconforming size of the two lots. 5. No evidence has been submitted to suggest that a variance in this community consisting of small improved lots will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an exchange of land area, 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 Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, as shown on the map revised 9-12-01 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 /` 1 Page 3—December 2,2004 ZBA No.5628—Thomas DeWolfe;Nancy ramontana CTM 34-3-39,50(separate lots) addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwom ), T rtor67a oeh Inger, nd Dinizio. (Member Orlando was absent.) This Resolution was duly a ted 4- A7-0 Vincent 0 1'and , Acting Ohairman 1/ p05 Approved for Filing • r LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 18, 2004 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, NOVEMBER 18, 2004: 10:40 AM Thomas DeWolfe (and Nancy Tramontana) #5628. Request for Variances under Sections 100-30A.3, 100-33B and 100-244B, based on the Building Inspector's October 4, 2004 Notice of Disapproval, concerning a lot with less than 40,000 sq. ft., less than 150 feet of lot width, less than 175 ft. of lot depth, in this requested lot line change, and rear setback reduction to less than the existing 27 ft. (code requirement is 35 feet, and portion of the existing accessory building at less than three feet from a lot line. Location of Property: 410 Champlin Place, Greenport; CTM Parcel 34-3-39 and 50. Zone District: R- 40 Residential. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: November 1, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski =a. 1 � TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: October 4, 2004 TO Thomas DeWolfe for Nancy Tramontana _ 415 Sterling Pl. OCT 4 2004 Greenport,NY 11944 (vJ Please take notice that your application dated September 29, 2004 '' ""�' For permit for lot line change at Location of property 410 Champlin Place, Greenport,NY County Tax Map No. 1000 - Section 34 Block 3 Lot 39 &50 Subdivision Filed Map # Lot# Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article IIIA Section 100-30A.3, which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein full." The minimum lot size required in the R40 District, according to the bulk schedule, is 40,000 sq. ft. The minimum required lot width is 150 feet&the minimum required lot depth is 175 feet. The proposed lot line change would create a less non-conforming lot that measures 4922 sq. ft. with insufficient lot width& depth as per survey dated 9/12/01. In addition, the rear yard setback to the existing dwelling will become more non-conforming with an indicated rear yard setback of 25'; down from 27'. Pursuant to Article XXIV Section 100-244B regarding such non-conforming lots, a lot less than 20,000 sq. ft. shall have a rear yard setback of 35'. Furthermore, the lot line change would create a non-conformity with respect to the accessory shed • which would be located less than one foot(1') from the rear yard. Pursuant to Article III Section100- 33B, accessories on lots containing up to 20,000 sq. ft, ... shall be setback no less than three feet from any lot line. 6,3dcz:, Authorized Signature • `7 APPLICATION TO THE SOUTHOLD TOWN BOARD RD OF APPEALS For Office Use Only 411'Fee:$ (040, Filed By: J)4_ J p, /p Date-Assigned/Assignroent;No7-1 �S�Z� V O Office Notes: 461/1g ,cy2-4;-, 44I If 1 ! orT 4 71104 3ci CM1.-+N Pt- Parcel P1-Parcel Location: House No. 115- Street 5-ki:Mik,i_1ay�;Fila ce,n^E,:.s Hamlet (3:�2�' SCTM 1000 Section 3+ Block '3 Lot(s)C-c)ir Lot Size Zone District I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Ge1d t? 4 f Applicant/Owner(s): ¶vlc�y�vtG�—S A A . 1/V 6 1 Mailing Address: 14'11 916145 PIA ce-, b''evA)1OY+ NN1 (i q Telephone: 6'3 r NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: I Telephone: tA4', Please specify who you wish correspondence tb be mailed to, from the above listed names: lE'Applicant/Owner(s) ❑Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 7/2$1/44 FOR: ❑Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction Other: I-c'i Li(U C Ifipk1J 6?-6-- Provision ?tProvision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article ft Section 100- 5 DA 3 Subsection Type of Appeal. An Appeal is made for: E 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 RIhas 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 to nearby properties, if granted, because: do Y t5(4,.c,( a6 -A5 e- -t-, be. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: until -11*2. vi N 6 c�. ,Oi�°2 +� Cu.-rrz4 to-F- line Si��t�ki�n � G -Iw WLuch In.uv`�� W4� �� *%in Ye /CiIK4 Cie (Welk �aya ��' l�1N� (3) The mount of relief requested is not substantial because: 0 o 9fru cl-'urc-( cry Vi5IA Clnahits Aare_ be V Je (4) The vairiance will NOT have an adverse effect or impact on the physical or environmental conditioniin the neighborhood or districttbecause: s� ye p,S- i r s (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 that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorneq4711/04(7`20/7 .) Otherwise, please proceed to the signature and notary area below. � / Signature of Appellant or Autho d Agent S n to be ore me this (Agent must submit Authorization from Owner) / aY of� ..'. .� .., 200q.\ :U,..l i.: t I (Notary Pulali . , CYNTHiA'M.MANWARING NOTARY PUBLIC, STATE OF NEW YORK ZBA App 9/30/02 NO:01 MA6100507 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES OCT.20 �` ' ..............„. • .. . _ _ ... . . . , ..._ fIilf 1 . C COLOR -.)- e -e " ,.\ . . • TRIM . . .. _ - .. _ . . _ :.. ,• • -''''',". .4.i . -i-1-.11-`., AO . - ,.. . 1-- \ - „ ' ." .':t1WP :111.1z4: •••i't-0.,7•\ -: i • , • . q'). z 1.•.'•••'-'1'.`:;;;it':'?-t.',A- i 1 I 1 . – -, . , . . •–••-• ••••.– . , let • . . —. - .. . .– j'a••••••••- __,,,t -–' 77;77,7-.:•,-77-,47.,;- _,. .Az*,..–t.i .7---• . I . • 15 11' -1 . t ----: ',3-'7:4'•+:.!---- l.V. .• . . A .........–.....–a., '• '24 c t i. • . . . . , . . . . - — M. Bldg. a t — 1. ... ..s.i 111:4 Li. n 6 / 0 /A Extension Extension ,-.--5.9 '7/ D,). „'; e),(6, •D \ 4 C ) a. 0 097 ./o ..1. • .. . .. -) Extension • . - SiX i .7-.,- g i p (..) ,., ( K Foundation Bath • 1 ' . Dinette P. . Basement Floors 2) K. ., Porch Ext. Walls - - -, ... s 6. v (1 Interior Finish • -1-1--tf--1• ) LR. > 0-r A • - Breezeway Fire Place )-1 0 Heat ' ' ) DR. Garage Type Roof Rooms 1st Floor BR. • Patio Recreation Room Rooms 2nd Floor FIN. B 0. B. . _ _ Dormer Driveway Total 0 - . / 7 71 4 . _ _IP , _, _ _ , _ __ ..,_ ,‘,. ,,,,,-,.c•:.?.:.,:- ,Y' j j . /�aa 3.5411-s-d - OWN OF SOUTHOL PROPERTY RECORD CARD . oRy_n6 S -1:::).e._\/\.)0 l STREET If 5 VILLAGE DIST. SUB. LOT . i6 ,44 (ens 1.e; /.� �'/c C e / �. �.e. ; /PO - FORMER O NEIR 4E ' a / E i ACR. Het=berf , 'Giit$,'� K. ��41;6' , - . I .4. ___ ^ 0 . (� acres (-v .l%n E PhQ nei 0 S a - W TYPE OF BUILDING ive E t f", M b -1r,1.5-.)--ex C(.4.4t.,47.,,A, _.. _ � �� �`may RE O SEAS. VL. FARM CO ' . CB. 6CS. Mkt. Value (IMT-v Ixg (Ka.»eu-F) LAND IMP. TOTAL DATE REMARKS///7ircia/////7�d AO' P-79.X.L-9757‘..0/fr itt01"He 1-0 nd-ca/a41 - - 3 0--6 6 "C) /a ////o%- L /07 l 10 67- rGJ- Ctr'- IFI ° 4 65 �a V Fn ) Ig' ., o ,:,!,,`a o 1 '/6 1 //o/97—LJl&2LI,t� Fg9 - r Cs f- rf yj �Jl e • i —L '7- >"• w e ) ©t'Fe i ‘o i 9 \" �- \7( , '8(9 - �c�tcf�cY c K e Acill \PIO .1 N.c.l ja.'7 0 ' ,f • .3o ai 'ti o �,. 1 n 1 0.3'--a- -Prat a 1141 AGE BUILDING•CONDITION JNLN NORMAL BELOW ABOVE FARM Acre Value Per Value • Acre Tillable FRONTAGE ON WATER . Woodland FRONTAGE ON ROAD / @ t 0 Meadowland DEPTH 0. / House Plot BULKHEAD Total DOCK • 1 a....,,,,,... . 1 . .._. I COLOR (.--(/-61 : TRIM 1 / tr ' • ,•?' — . . . _ /1"811"1"Wrig,rinmemolowi;iiim ., • r ::;;•••' • •el,4*1.4•',- ' _ _ - , 1 r ..., 1.‘1 lig, '• r'.' r.r. . 5.4‘.. r 1 r. :14 I -1.;'). . ,.. rsg 1,-4---,',"4:•.;:tr,,,,`'i' Yi ,;,•••$•:;:i•-71 :,,..,;;F*, ,..;ti, 1. :1;...,,,,,4-,- I 1 002,4krel ,tfi,r• i. •'.,_ retti ...„0,,,,,I; ,,,,,i, _ ,,, 5PAI*4A7, ' tgf •:-, ,•••ic A _ 1.42 i *1 ''. :- .„. • ,:-...„ . __ ,_ • i',.- _ "---) . , ''•10..":14111.Yr,;14 rbaiiNkiiV•i il,.!jar.,,n•,..,,,4,;,‘....., . ,,;, . -, , al- • — 24 .0 • -y.i.. .." — - ) .... r l'i I ,--... ..... , M. Bldg. -.) 5•): 1=.....:.- / Extension _ '; Extension - Extension FoundationBath Dinette ---) . ? Po 0 LA)' 20 '.:"--7 0 ..6-6 , l-e:s= Basement P' "/L Floors ,...- K. Porch Ext. Walls 1 , 2.. c,(..; . Interior Finish Di, ,,./,,,,se, LR. Breezeway ( Fire Place - Heat /../, /A /11, 4 DR. Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B 0. B. Dormer Driveway Total 1, 2,1 ail ,..,.., , . log ed --sy- .� Oa (" ' OF SOUTHOLEOPC�OPERTY RECORD Ci D OWNER STREET 4-4°0 VILLAGE DIST. SUB. LOT . -Ail j. tt (\CIOCAd n, .({a.rrn 04-lax CA6. -w�/ /lea c e. ,/c':) FORMER OWNER ►'/�y/v) ACR. f — ( �(lt.�.e.✓9'- ,(t'�-•C.. vt 1/- ' ,0446-)c-:,(:/,,,_,; `"T e, ', C. 1 id/its,(-1 -fi(l©C(h C1s7emiskl S v w 4,i TYPE OF BUILDING Theodore_ K dl risky e uhf `" A&I 6,L�Ems, 'T-T c `i iL a.4,,, , sr_!,'- RES.,,7 SEAS. VL. FARM ' COMM. CB. MICS. Mkt. Value ' "SND IMP. - TOTAL DATE REMARKS r J0-0 %70-0 7 69--0 / 711510-L/09/y,0/ "- t / skr II kroUlos f no N/C' (Li-fie , 1- -r I -( 00 / 9C? - x. L//ice/ .; / /S/c -09 =,/a /'y , Loire n,(1°1 (tzud (L 3191617-)(( MEMEMME 1//01oI - 1 . ��/,45 ' r /yi3 J` ""' • 5- --L_ 1 2-221teLf zq- 6o1//'resk7-ef aifo 7aTraY1Qr I7Q fi/c.-- w AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable Woodland FRONTAGE ON ROAD , ' , / s / P. Meadowlond DEPTH / s DEPTH , Z.s House Plot BULKHEAD7 o o w/S Tota .� DOCK r __ . ,. ,, LOT LINE -1/4:HANGE ‘..._ ' SURVEY OF LOT 9 & LOT 10 r, , N MAP OF JOHN G. CHAMPLIN FILED OCTOBER 2381873 FILE Noa 337 1 W E SURVEY OF P/O LOT It it P/O LOT 10 S _ MAP OF PROPERTY OF JOHN A. MONSEL.L. FILED JUNE I8, 1813 FILE No. 53 SITUATE: CSRFFNPORT ' TONNE SOUTHOLD • SUFFOLK COUNTY, NY `-..„, SURVEYED 0q-12-0I SUFFOLK GOUNTY TAX # 1000-34-3-3q 1000-34.3-50 Prepared For: Thomas M. De'4olfe o ‘44-4 � ete cm-t) y1deA°\K b\S " S c.006` - a°,nets S o 13 ,2. 110"E i oa cc,,..., 5c_c\ pp, 3q ``- \ C' c4','S e ,.,, .....,„ '-'4, y. Itii -... c Z c Qry, p 0 z, / c �, moo' FrQ C.' S d From a b��) F\ N VW �p�\O pt�F er`O.'so �r , p m\ viT, j o P4-8C'10 YsL ��a>�5F ''\ ' ion ` ¶o' Prep \ Za' . \ _o y ooe r��On • •a�.� i \ // °�efty-��s1 ----c� C/ 'iso 5 `— o ° Sed Pr ���. \N o`AS° a Pr 9° �2:-..0'" °kms 1t c a tr a9 N fenLe !, ..6 147 so 0 fe aAQW;Q1. 25mry i A _ 5-14rty�tne " \Ie fret N x�o \ p‘?ropeNo•y -1k % -- OA 9n Or ns CZ. \ [yt°°°� \‘‘''' a9 m X6 l'' 1/431''c, �\q x�x/x o ,54--/-gyp yt°oP - o p \., p/3 ,� \O \ 096 \ 4m �p pd ,,,,,A - - \ c` 0 ‘3,‘\,- „� Lot \ -,- - ° , 0 ' I.,-' oG`a221 > e \._p N -,r t2A' \ \ef \ °Av+I n t m CIP O. 6 , S0 ° ' t,), 11. r7 e �o O� OuW \ o�v' gid `' p� o Sttt�, TABLE OF AREAS . 5G TAX LOT 301 ORIGINAL AREA = 5,12035 S.F. ,, ,-/- r '• - - '°,0 `.. PROPOSED AREA = 4,g22.1q S.F. ra.'••�~ • . '1,7'f'-,. ro r. i �°k�{ynm .hV • Ya\._.<r.v;'-`4 thovthorized alternkbn or addition!o a survey SG TAX LOT 50 ORIGINAL AREA = 4,121.10 S.F. d''' n ,� mapbea�gal�e�edlande �(�f ; - ',, violation of section 720A,subdivision 2,of the PROPOSED AREA = 4,825.86 S.F. x,x- =�� } Ne�York Slate Ed canon Larv' : \ o 'Only copies from the original of this survey �^Y� of marked Kith en original of the land surveyor's ` Z t� ' ,? stamped seal shall be considered to be validtrue • �'�`y`�.,,E •Cortlflcatinns indicated hereon signify that this NOTES: n. ey man prepared h auardan:e MG the on- '�,' Isthg Code of Practice far Land Swveys adopted h9 the Next York State Aeseclabon of Prefe,sienal yp ,® ®' r J' Land Srrveyors Said certficatlons shall run only • yyy��� q9 to the person for rJ.om the survey is prepared I a fs ND cep and on his behalf to the title company,govenenen- PIPE FOUND /.sQCtCC7�YYY777 oP tat agony and lending institution hated hereon,and "'1'j Co the assgnees of the lending w ion CertlFl - ~ tions are not transferable toadditional bstltvtions 9 AFTER LINE CHANGE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC SCALE 1"= 20' RIVERHEAD,N.Y. 11901 REF.\\Hp server\d\PROS\04-241.pro III.MIMilI= 369-8288 Fax 369-8287 "�...ilii Office Location: ,1 '/�,4" etFFO( . Town ,d-1 - • y�, Mailing Address: Annex/First Floor,North Fork Bank o e4 1 54375 Main Road(at Youngs Avenue) `" Southold,NY 11971 /� 53095 Main Road y P.O. Box 1179 \ A, �40ro' Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 January 11, 2005 Mr. Thomas M. De Wolfe 415 Sterling Place Greenport, NY 11944 Mrs. Nancy Tramontana 301 Champlin Place Greenport, NY 11944 Re: ZB #5628 — DeWolfe/Tramontana Dear Mr. DeWolfe and Mrs. Tramontana: Please find enclosed a copy of the variance determination Appeals at its December 2, rendered by the Board of Department (765-1802) regarding�heMextlin Meeting. Please be sure to contact the Building You may want to furnish an extra copystep the building and zoning review process. other documents or amendments during the final revienclew etermination when submitting an teps. Y Thank you. Very truly yours, Enclosure Linda Kowalski Copy of Decision 1/11/05 to: Building Department LOT LINE CHANCE SURVEY OF LOT 9 & LOT 10 N MAP OF JOHN G. CHAMPLIN e s FILED OCTOBER 23, 1873 FILE No. 337 E SURVEY OF P/O LOT cl $ P/O LOT 10 MAP OF PROPERTY OF JOHN A. MONSELL FILED JUNE IS, 1813 FILE No. 53 SITUATE: &REENPORT TOINN: SOUTHOLD SUFFOLK COUNTY, NY • SURVEYED Oq-I2-01 SUFFOLK COUNTY TAX # 1000-34-3-3q 11000-34-3-50 x Prepared For: - Thomas M. DeWolfs V ?:„7 ytde�otk 6\61 S0006iete Go�Ltete e G 0 no" c el -8 x Cp-'Z` GSM `000;3 ,3' t� o0 \ 5 W , r \ tp ? \ \r., o X / h• ^ �q 6 2 ��� e � µ oc9, ° \ o Frame e trail \N NO�� oo N SFerga g0 O�ox 9 10e ��onToxLo ;� y, Loi !� o� Pre'" tot -10% px py%o�AP� 5F z4, . o °neron ' ' \ .›* y. --- I— - Lp� \\V Dov -C__--- / ��` s---------D "\ yeM 5o„ opc P ot/ —,� a' ° etJ�2 Prof9a111 aP% o 1OCttyA t r, , 7 xp� y1CAI A 0 eM Me \ t F a y Q � Of t9 \ yt°°9 ,Qs' °11° lik- sPX/x 50 y\,00r '0 �\y X�X� n0--SA-3 0 - gV4 1, uSGT yOt s, O t StO O O� Q \ --d leteQy — an9 o' � t dr „� \_0‘, t - -- fe,-O z� ,.—— a s OA (1 Ia J 2°, t. ” ao \ t 0 W 2, c \ 39 kt o0' �001`0C) Y' � O\Q �w zee S1 , TABLE OF AREAS , SG TAX LOT 301 ORIGINAL AREA = 5,120"35 S.F. PROPOSED AREA = 4,c122.1q S.F. / y> ?,• a.. -,;,' `9` , : Vnauthorl2etl alteration or addition to a survey SG TAX LOT 50 ORIGINAL AREA = 4;721.10 S.F. "`' y -,======== (".,,,,..C.'-'',-,, i � PROPOSED AREA = 4,825.86 S.F. • -� � j New York Stole Etivca"on Law' IK;, � 4 y m"Only capias from the orlgcoI of this>rcvey F 'v,, I arked rvRh on original of the land surveyors "'t,..2....7.?'- .1:40„ 1 Z f ,�• stamped seal shall ba considered!o be valid true 4.°: 3",� r' ' ,'' copies• t •cernncallons mdlcated hereon signify that this NOTES: �' s� ey was preps ed In a cordons wi4 he ex- gay® 0 5thg Gose of Stotice for Land sof Proadopted R�/ ds' by the New York State cortifaklon of Profs>slonal • r, Land a per on Sold cerhe sii tons shall run only +. "`^ "` �, to the person for whom the survey is prepared pY} and on his behalf to the kitle compmy,go • PIPE FOUND dd � /t tat agency a d lentliny NstlWllon I i ed he srti d "�!1 ' to the assignees of the lending Institution cergnca- ,.., • tion,ore not tranererabie to additional hstttutlons �#) AFTER LINE GRANGE � JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC SCALE 1"= 20' RIVERHEAD,N.Y. 11901 REF.\\Hp server\d\PROS\04-241.pro 369-8288 Fax 369-8287 • eAe3oa4 10,47Z504f \Vb seneev peo5WF341aro ' ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK ti 2 P.O. Box 1179 REGISTRAR.OF VITAL STATISTICS V O Southold, New York 11971 MARRIAGE OFFICER 416 ®��/' Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER 491 Ali #060° Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ...,s" southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 15, 2004 RE: Zoning Appeal No. 5628 Transmitted herewith is Zoning Appeals No. 5628—Thomas De Wolfe-Zoning Board of Appeals application for variance. Also included is Notice of Disapproval dated October 4, 2004; Building permit application; Zoning Board of Appeals application; Area Variance reasons; Short Environmental Assessment form;Project Description; Zoning Board of Appeals questionnaire; Applicant Transactional Disclosure form and copy of survey. • • PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): '111.40-p% Afk . to EA/011-2. I. If building is existing and alterations/additions/renovations are proposed: 14,1k. A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: 1A7/ Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: -7".f Gt Dimension/size: Square footage: Height: III. Purpose and use of new construction requested in this application: `i/'`f A IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7)photos/sets after staking corners of the proposed new construction. 7/02 - 2004 Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you, ., IP) 410), ' PROJECT I.D.NUMBER ' SEQR 1 617.21 Appendix C State Environmental Quality Review `� - SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) OCT j 1.Applicant/Sponsor 2. Project Name 2004 3.Project location: Municipality County -; •_ k iet.frt pe,--(4i IN;dii.L.11 -0' i k 5)-(4-"--O I K 4.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) - tri ( :-reek J P("e ,t -SSG0(ry e°M , 3o( Oha to Ifvn 'P(Gtc=e 5.Is proposed action: ( )NEW ( )EXPANSION ()C)MODIFICATION 1 ALTERATION - 6.Describe project briefly: v�' i r V1 r? i%�1.t;(,-��:t✓ .. 7.Amount of land a 'cted: Initially: 9q 7 S, SA) acres; Ultimately: acres 8.Will proposed action comply with existing or other existing land use restrictions;&)YES ( )NO If No,describe briefly: 9.What Is present land use in vicinity of project:(describe): (kfResidential ( )Industrial ( )Commercial ( )Agricultural ( )Park/Forest/Open Space ( )Other 10.Does action Involve a permit approval or funding,now or ultimately from any other Governmental agency,(Federal,State or Local)? - ( )YES ()()NO If Yes,list agency(s)and permit/approvals: : 11.Does any aspect of the action have a currently valid permit or approval? ( )YES (K)NO If Yes,list agency(s)and permit/approvals: 12.As a result ofr'oposed action,will existing permit/approval require modification? ( )YES ,.�)`NO If Yes,list agency(s)and permit/approvals: I certify that the Information provided above is true to the best of my knowledge Applicant/Sponsor Name: YI.L r ° • h kJ- )x- Date: 13 d Slgnatur ~yv ,"-kee-17\r/e&-- . If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessor TOWN OF SOUTHOLD - BUILDING,PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT1 2 GI! , , - Dc ,have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802._.. - - _ Planning Board approval FAX: (631) 765-9502 Survey www.northfork.net/Southoldl PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 `I Mail to:-r, O t (Ai°I Disapproved a/cb/574- r AL t((< 4- )6 �i I(•t l pp / ..�, DISAPPRO � Phone: ti71 - ''f I'S Expiration ,20 aI+ Building Inspector riVj APPLICATION FOR BUILDING PERMIT SP 2 8 2004 Date 1'f2- , 2064 -- ' I INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit " shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or Regulations, for the construction of buildings, additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. )(,,,Anivizi2ftc '/ (Signature of applicant or i%'.e,if a corporation) I-1(c � fi,r It (ems kr- VI L I (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder O (Ae/( ,) ame of owner of premises 1A61/1A-O- �/v,L Q.e ,A.)� �ie-- (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. • Electricians License No. Other Trade's License No. Location of land on which proDosed work will be done: /I f 4if((u p&.Le_ cy�v-24,-0o-r- ic— House Number re'treet Hamlet ounty Tax Map No. 1000 SectionBlock Lot SubdivisionLe Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use acid occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy .-OT L/4/k of-.K{-!Vert. 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost • Fee t • s „,,, ,.,, ,;<,(Tobi aid on filing this application) 5. If dwelling,number of dwelling units Numbe f•d j ljng�i each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulati% NO „./e. 13. Will lot be re-graded?YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO ./'. * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO ,/ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale,with accurate foundation plan and distances to property lines. 7. I£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` ,t6) 1 7ia' 1 ; tOO being duly sworn, deposes and says that(s)he is the applicant (Name of individual site ' g co traacabove named, (S Hes the )7 K (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to pertbrrn or have performed the said worms and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of .� 20 OY .144-144)4 ",- • °L.. . ,„ .., d - Le/141.0 / / Notary Pu e n Signature of Ap i frnt CYNTHIA M.MANWARING 10 NOTARY PUBLIC, STATE OF NEW YORK NO:01 MA6100507 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES OCT.20 01 APO 04:") QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? 0 Yes Al Vo B. Are there any proposals to change or alter land contours? ❑Yes Acro C. 1)Are there any areas that contain wetland grasses? VD 2)Are the wetland areas shown on the map submitted with this application? 'fid 3)Is the property bulk headed between the wetlands area and the upland building area? 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? 4L^.-f et- D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 0 (If not applicable, state"n/a") E. Are there any patios, concrete bathers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? M,D (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? 4A,0 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? itAAJ If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel r -�-dw.-h4 ' and proposed use 711VIDNV% 171--).-C\A Authorized Signature and Da ®CL1 :0: `) 2004 - ••' •► r `- APPLICANT • T) TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and ems to ees. The i u lose of this form is to a rovide 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: ( ho YVLA.S ( , 'De IN el fr (Last name, first name,middle initial,unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance .-\-- Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO 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); if /.;-a._ . _ B)the legal or beneficial owner of any interest in a non-corporate entity U`-,'I---�'' :'; "--.:,', (when the applicant is not a corporation); C)an officer, director, partner, or employee of the applicant; or ®CT .� 4 2004 " a D)the actual applicant. ;" DESCRIPTION OF RELATIONSHIP ,;,;,. i Submitted this I day(1,4 e'(`J-? ao 4/ Signature: I) 5 "l,Jc' Print Name: •'(- M/ AA „ D 6 - Town Of Southold - P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/15/04 Receipt#: 5139 Transaction(s): Subtotal 1 Application Fees $600.00 Check#: 5139 Total Paid: $600.00 Name: De Wolfe, Thomas 415 Sterling Place Greenport, NY 11944 Clerk ID: BONNIED Internal ID:101272 n , Kowalski, Linda ,,) From: Trezza, Anthony To: Kowalski, Linda Sent: Tuesday, November 09, 2004 4:00 PM Subject: Read: Memo for comments Lot Line Change (DeWolfe) Your message To: Trezza,Anthony Subject: Memo for comments Lot Line Change(DeWolfe) Sent: 11/9/04 3:40 PM was read on 11/9/04 4:00 PM. 1 5", /Q05 I I I rC 1-1- 41 S F`5 ®��fF®it��a MAILING ADDRESS: PLANNING BOARD MEMBERS � `��' ` � �t, P.O.Box 1179 JERILYN B.WOODHOUSE � z� • Southold, NY 11971 Chair k � t.10i OFFICE LOCATION: RICHARD CAGGIANO : �1� WILLIAM J.CREMERS � }y Town Hall Annex _1. •�� '� �� i 54375 State Route 25 KENNETH L.EDWARDS �,s.� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ,"', Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD _° MEMORANDUM NOV 1 ! 2004 Date: November 16, 2004 To: Ruth Oliva, Chairwoman Zoning Board of Appeals From: Jerilyn Woodhouse, Chairperson Planning Board Re: Request for comments on DeWolfe/Tramontana Lot Line Change SCTM# 1000-34-3-#9 & 50 Appeal# 5485 The Planning Board has reviewed the variance application for the above-referenced properties and has no comments to offer at this time. Thank you for the opportunity to comment on this application. U.S. Postal Service. ro CERTIFIED MAILTM RECEIPT ii' (Domestic Mail Only;No Insurance Coverage Provided) 0 r- For delivery information visit our website at www.usps.comrr CI GR 'QT� �i1i`� : AL USE m r 1 Postage $ 0.37 UNIT ID: 0944 • Certified Fee 2.30 Postmark I= Return Reclept Fee O (Endorsement Required) 1.75 Here O Restricted Delivery Fee Clerk: KTR93Y ..D (Endorsement Required) rq r-R Total Postage&Fees 4.42 11/02/04 'r Sent To CI No.; it, e 51-or PO Box No. Citysmote ZIP �e, ed-f- N 1,(1 if ii ' PS Form 3800,June 2002 See Reverse for Instructions U.S. oaIerviceTM i-g •CERTIFIED MAILTM RECEIPT r�-R (Domestic Mail'Only;No Insurance Coverage Provided) N For&liveryinformation visit our website at www.usps.comno Postage $ 0.37 UNIT ID: 0944 Q Certified Fee 2.30 a Return Reclept FeePostmark 1=1 (Endorsement Required) 1.75 Here D (EndorsemeDelivery t Requirred) Clerk: KTR(�3Y rq r4 Total Postage&Fees 4.42 11/02/04 0 Sent Tole nt:r jai".[^ it f r- arPO Box Street, ox No.No.: 6 P r' 36czte 5V City,State,Z/Pf4�1—(r2 r r .6' 1 44 A I PS Form 3801 in''*00 See Reverse for Instructions U.S. Postal:ServiceTM .i- CERTIFIED MAIL. RECEIPT O (Domestic Mail Only;No insurance Coverage Provided) rl N For Salivery information visit our website at www.usps.coman oo fir T 4 14 :. A L U S E m - Postage $ 0.37 IN+IIT ID: 0944 o Certified Fee 2.30 O Return Reciept Fee Postmark CI (Endorsement Required) 1.75 Here D Restricted Delivery Fee Clerk: KTR93Y ..D (Endorsement Required) rl Total Postage&Fees 4.42 11/02/04 0 Sent To -e NI 1 rpt(MQ n f a y1.0. oStrr PeeO,BAzNNo; �jO1 CVw n P1 City,State,ZIP+4 reef .4 I r]L{Y' ] PS Form 3800,June 2002 See Reverse for_rInstructions • U 8„Postal ServiceTM • w CERTIFIED MAILTM RECEIPT ru (Domesiic`Mail Only;No Insurance Coverage Provided) rq For,eelivery information visit our website at www.usps.com® u m j its _. U r-4 Postage $ 0.37 UNIT ID: 0944 ' O Certified Fee 0 Postmark l=1 Return Reclept Fee Here O (Endorsement Required) 1.75 Restricted DeliveryFee Clerk: KTRQ3Y (Endorsement Required) rl Total Postage&Fees 4.42 11/02/04 Sent To Street,Apt.No.; c� a`/ O r,r � orPOBox No. o �V\5ShQV I Lw � Cdy,State,.21F44 CQ v►�c N l l c ,s-P6 '5 U.S. Postal ServiceTM ,-a• CERTIFIED NMAILTM RECEIPT `CI (Domestic Mail Only;No Insurance Coverage Provided); ` O N For d&livery information visit our websiteat www.usps.coms o G ''PORT a DY 011-944 0 A L U IS a Postage $ 0.37 UNIT ID: 0944 0 Certified Fee • 30 D Return Reciept Fee Postmark D (Endorsement Required) 1.75 Here O Restricted Delivery Fee Cleric: KTRO3Y ..0 (Endorsement Required) r•a 4.42 11/02/04 1-9 Total Postage&Fees .=- Sent To frI S fWhy 6.1( CI In. �n N Street Apt.No.; O7 001 l h 1'L� - or PO' 7 / r � C,ty,State,z,P& , ►try F N [f/V-10 PS Form 3800;June 2002 11 * l See Reverse.for Instructions Lz ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK x In the Matter of the Application of 11—j)).0,0 (\ 0 L r AFFIDAVIT I �--LJj rtC OF (Name of Applicants) MAILINGS CTM Parcel #1000- • - - r - �I l COUNTY OF SUFFOLK) ti NOV 3 2004 STATE OF NEW YORK) y I, residing at -- - - , New York, being duly sworn, depose and say that: On the IIA' day of Ncl40fi4-C./ , 200q I personally mailed at the United States Post Office in ' , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (*) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street,or vehicular right-of- way of record, surrounding the appj is propertyG%�� U v f /J'� , (Signature) �S,po' to before me this ,RE.�. , day 60ea ,' , 200 VeronicaF. Cidone LILA!r�,� �' !Votary Public, State of IVew York _ No: 52-4661406 (Notary Pu► Qualified in Suffolk Count Commission Expires Dec.31, 0�— PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. .J 4 Zoning Board of Appeals Southold Town Hall Southold, NY 11971-0959 2 November, 2004 The attached Affidavit of Mailings refers to the following addressees and lot numbers: 34-3-39 Tramontana, John & Nancy 301 Champlin Place Greenport, NY 11944 34-3-40 Lennox, James H & Susan 307 Champlin Place Greenport, NY 11944 34-3-49 Fisher, Laura (Laura Blaikie) 325 Bride Street mailing: 310 Bridge Street Greenport, NY 11944 34-3-51 Teresa Sutherland 306 Bridge Street Greenport, NY 11944 34-3-52 Zina Hull 3630 Soundview Avenue Peconic, NY 11958 I, the undersigned, owner of the property located at 301 Champlin Place, Greenport, NY 11944 , which abuts to the south the property located at 415 Sterling Place, Greenport, NY 11944 , do hereby grant to the owner of said property, Thomas M. DeWolfe, permission to apply for a variance to permit a lot-line change as per the application made to the ZBA of Southold Town. SIGNATURE ,/ 7W,64, NANCY TRAMONTANA/a d/or JO TRAMONTANA DATE : O Thomas M. De Wolfe 415 Sterling Place i NOV 1 6 2004 Greenport, NY 11944 631) 477-8211 ? 11/1 f/D November 2, 2004 James H & Susan Lennox 307 Champlin Place Greenport, NY 11944 To Whom It May Concern: Please be advised that I am seeking a variance from the Zoning Board of Appeals of Southold Town, which will permit me to obtain from my neighbors to the north the small sliver of land between the north wall of my house (the property line) and the fence that has traditionally been used as a de facto property line. Enclosed is a map showing the proposed line change. If you have any questions, please do not hesitate to call me at the above telephone number. Sincerely, ` 0 4 r V - 1ti W 1 w a rn E THIS SECTION COMPLETE THIS SECTION ON ilk N ' 2,and 3.Also complete A. Sig _ X d Delivery is desired. ' /■ Agent L • Print your name and address on the reverse t---4-44--2,- - 0 Addressee_ so that we can return the card to you. B. Received by Printed Nam- C. Date of Delivery ■ Attach this card to the back of the mailpiece, - ° J ' ; -`:5-0-1 or on the front if space permits. _ A •. s delivery address different from item 1? 0 Yes • 1.Article Addressed to: If YES,enter delivery address below: 0 No ' Lio � n J I 3630 S'pIAA�htCw ' I eth i `C7 1\11 L , I I q 5-S(Q 3. Service Type +` V�' I X Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. /' 4. Restricted Delivery?(Extra Fee) ❑;Yes 2. ArticIlurnber ii lilt ; t • " -• '• - : , I (transfer fromiservice/,Lot i i 7 0 0 4 11'60 ;_0006__ _13 5 0 7112 8 I . i ; ,PS Form 381,1,,Februaryi2004 i 1 ''Domestic1Return Receipt 102595-02-M-1540 / . POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 ',..,_ • Sender: Please print your name, address, and ZIP+4 in this box • Ithriv.61, be ,N‘o)fr 01-(ee/vvr( ''`, I '' 9 ' l,,,fl,Milli,,,i„i,L,l,,,ff„f,l„li,,,f,l,,,lf,f,l,f,„fl Nw_ .. _ 1 N N S SECTION COMPLETE THIS SECTION ON DELIVER I, 1E1 m • 3,Also complete A. Sinature a t ,lry is desired. x',�1 A, /� aki��� d❑Agent ►, ,_,ress on the reverse Vv�l `� 0 Addressee so that we can return the card to you. B. Received by.(Printed Name) C.,Date o .-livery / ' • Attach this card to the back of the mailpiece, 1(6: 6 'v I or on the front if space permits. GI 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below. 0 No 12eArt CkkkV[A/Kat ' _ �p I �/ 1 I.1, `4 3. Service Type /V/1`v '!/� =1J� L/Y 7D❑"(Certified Mail 0 Express Mail I� Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number k'Mk .t .17=0d4 t116'�liLITI6 1`35f1h`711,1'` (Transfer from service label)- - ' PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-t540 STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS. Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• yin001) 14-1 SWA4A41 PLA-'n uu 4 }- W g - .IS SECTION WK.IM:1141VI>RSIxoltr[•grrrrWInI4:1' '` ti% Co IW c m i-3.Also complete A. Si nature i f z o erylis desired. l` /A 644_, 0 Agent :, t tress on the reverse ❑Addressee ie card to you. B. Received by(Printe.Name) C. Date of Delivery • Attach this card to the back of the mailpiece, /1 -63--0 or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: ' If YES,enter delivery address below: ❑No 7 jo jM,. 1 WA/Cy 1 raiMo►k'+t' M D 1 Cep [Gi` P1A.ce 3.'[ Service Type DA � N--/ [ 114 y 6 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number i;s l li 1 ' ;' y'.i7 p 0 4 a'11 E 0 a`o 0 6' 13'5 O``710 4' (Transfer from service label)t , ._.. ' l PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USFS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • -TIA/h 'kro NI 116 '411 • , . ,! , • • • ,.! : • • ! . „ OtiV 4111 Thomas M. De Wolfe 415 Sterling Place Greenport, NY 11944 631) 477-8211 NOV 1 6 2004 November 2, 2004 Laur Blaikie 310 Bridge Street Greenport, NY 11944 To Whom It May Concern: Please be advised that I am seeking a variance from the Zoning Board of Appeals of Southold Town, which will permit me to obtain from my neighbors to the north the small sliver of land between the north wall of my house (the property line) and the fence that has traditionally been used as a de facto property line. Enclosed is a map showing the proposed line change. If you have any questions, please do not hesitate to call me at the above telephone number. Sincerely, V • ZONING BOARD OF APPEALS a /V ! TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of I I AFFIDAVIT 1./-(-p11 /L 5 /'�1 �I� L � OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 1-0-D -S M., 'L residing at L(I c , New York, being duly sworn, depose and say that: On the p.A., day of N , 200Y, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing d. s, ich earl :: - as s_o 'moo be l ( ignature) , • n to befor me is Veronica Fa Cidon day of o f, / , 200 , Notary Public, State of New York No: 52-4661406 olk Cou ��1�! /�.. �: { omm � issiEon p eied in sDe 31 (Notary Publ. '7 *near the entrance or driveway entrance of my property, as the area most visible to passersby. APPEALS BOARD MEMBEev Southold Town Hall Ruth D. Oliva, Chairwoman P.O. Box 1179 Gerard P. Goehringer Southold, New York 11971-0959 Lydia A. Tortora Telephone (631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, Chairwoman, Zoning Board of Appeals DATE: November 9, 2004 SUBJECT: Coordination for Reply/Comments The ZBA is reviewing the following application for an advertised November 18, 2004 public hearing. Enclosed is the October 27, 2004 amended Notice of Disapproval and copy of the ZBA application with map. The Planning Board may be involved regarding a lot line change review under the zoning or subdivision regulations of the Zoning Code, and your comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED DEWOLFE, 34-3-39, 5628 10/4/04 Bulk Schedule, 9-12-01 John C. THOMAS 50 100-244B SURVEY Ehlers, LS and R40 Zone Lot line change; NANCY improved with TRAMONTANA residence on each lot; different owners Your comments are appreciated by November 16, 2004. Thank you. 1 ti ►'''WFOiAr ' APPEALS BOARD MEMBERS ,.'0�O Southold Town Hall Ruth D. Oliva, Chairwoman � 53095 Main Road Gerard P. Goehringer • t N x ; P.O.Box 1179 Lydia A. Tortora : .+- +� Southold,NY 11971-0959 : LA �0'��' Tel. (631) 765-1809 •! f r titi io,Jr. = al #j i' Fax(631)765-9064 cog L � http:/.:southoldtown.northfork.net • • BOA�c OF WEALS BOARD OF APPEALS RECEIVED 006-4., °1 �� - TOWN OF SOUTHOLD a �D . ®tet FINDINGS, DELIBERATIONS AND DETERMINATION FEB 19 2004 MEETING OF FEBRUARY 12, 2004 r�.w3 G;1 �f ; Appl. No. 5467-THOMAS DeWOLF - --r SdriAiiel� X1 eg� Property Location: 415 Sterling Place, Greenport; Parcel 34-3-50. ° SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 4,728 sq. ft. parcel has 58.8 feet along Sterling Place, Greenport. The property is improved with a single-family, 1-1/2 story frame dwelling and one- : story detached frame accessory building, as shown on the September 12, 2001 survey prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's December 1, 2003, Notice of Disapproval, amended December 3, 2003, citing Section 100-244B in its denial of a building permit application concerning an addition which is proposed to be located with a setback of 17 feet from the front property line. The house has an existing setback of 7.4 feet at its closest point, and the addition is proposed behind this portion of the house. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 22, 2004, 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 partial 2nd floor 19'8" by 12' addition at the southwest corner, behind the front portion of the house. The set back is proposed 174- feet from the front property line, as shown on the site plan prepared 11/26/_.03 by Frank W. Uellendahl, R.A., integrating the survey prepared by John C. Ehlers, L.S. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant wishes to construct 1354- sq.ft. of floor area to his existing 1-1/2 story home. The applicant's home is on a substandard lot with nonconforming setbacks, and simply wishes to fill in the remaining first story area with a second- . ti Page 2—February 12,2004 '.._.. Appl. No. 5467—T. DeWolf 34-3-50 at Greenport floor as a minimum. The addition is proposed behind a portion of the existing, front side of the dwelling which will be greater than the 7.4 ft. front yard setback, proposing a 17 ft. setback. 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 lot is substandard in size and the setbacks of the dwelling are nonconforming, having been built many years ago. The addition is farther from the street than the existing house. 3. The variance granted herein is not substantial and is the minimum necessary for the Board to approve. 4. The difficulty was self-created because the home has existed for many years with the existing nonconforming setbacks. 5. No evidence has been submitted to suggest that a variance in this community of smaller, substandard size lots, will have an adverse impact on the physical or environmental conditions in the neighborhood. The area consists of dwellings containing similar setbacks. 6. Grant of the relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations, 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 Chairwoman Oliva, seconded by Member Orlando, and duly carried,to GRANT the variance as applied for, as shown on the site plan prepared 11/26/03 by Frank W. Uellendahl, R.A., integrating the survey 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 Oliva (Chairwoman), Orlando, and Dinizio. (Member Tortora abstained. Absent was Member Goehr er.)This Resolution was duly adopted (3-0). IS _Ccaki...41., Ruth D. Oliva, Chairwoman 2/(?/04 Approved for Filing f____..) , • ) . . ?OWN tirStilitHOLD PROPERTY RECORD CARD . . ei— 37 y—,5-6 ipiErscria -L-.).L.,\A) 1 STREET Li i5 VILLAGE DIST, SUB. ; - LOT ' (72 •-z::- ..e' r ilv Ir) iZt IA)te oce., wie.y 5ei-/ ;q ' e e ,.-P4..,c_e. ..,.. i.:._4. 4.,/, r 0 ;ORMER owNEForiorE (ap,,,,v-_,?......-v, 4,0; ,:;-_, .f.,,, i E - I pi 4 ,07 ACR. ter-her t 1-77.' , 7r-Ca it.1(1` --I K , Z€,--,,-,;=-...!,/ ,t:e-e,i.:,, z 4;-;;•,.; 4 d:!?,:.2. ecf"e>piff'('Cie >14 Om (t• F:ve../x9. . 0-2 F) S ':• r • W I/ TYPE OF BUILDING c. ze 5CoilVe-tit E i t--, M wor/...rve y, ki 1_ ;(11,44:414..ty fc ; (AtieydeA-tiA i •6)-'& - .cP atte:t atm.' . - EL-t 0 • SEAS. VLFARM COMM. CB. OMICS. 43' Mkt. Value ,,--- getst-rvirtoi • .1:''''- \ t i-c:-E. iM7,e LAND IMP. TOTAL DATE REMARKSO4/2rildkA4 2/7,4 4 1:4,./.:3,A. () .7c)--e) zre:_--;-...'c.-. . ! • -' L /07 iir9/ :67 rano o. _ 4 O 1/ 1 ' 1 - .///o/97- L//8fEg - / or- i• A' W :devk.-..-, ..• ) ) _zal,r,;;, - z- /2lL/-7a -3 -h4v*/ ,611 Lduo/fel * rite:.__Otiacr'2__ 9 - 1,- \77764 r eP 9 ^ acw.keiCkyl, (Fie 4:11xEe4riehin 7...e\I N-1,C., 1 . • . . • i07 ( err-e__ (..1 (`D :0;1 r)(I 7 AGE BUILDING CONDITION — • / "V___. • 4 EW NORMAL BELOW ABOVE :ARM Acre Value Per Value •Acre liable FRONTAGE ON WATER i . . ., roodlond FRONTAGE ON ROAD (,,,, (j (1) (., :''''.. ' . ') ..' .eadowland DEPTH - d _ ouse Plot BULKHEAD Dtal DOCK ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF MAIN OFFICE: North Fork Bank Building, 1st Fl. Corner of Main Road & Youngs Avenue, Southold October 27, 2004 Re: Chapter 58 — Public Notice for Thursday, November 18, 2004 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 NOV. 5th: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and 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. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by NOV. 10th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If 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. 2) By NOV. 10th: please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. 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. Please also deliver your Affidavit of Posting at the meeting (or earlier if possible). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. NCiTIcE OF HEmRINi' A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road, Southold, concerning this property: NAME : T . DeWOLFE & ano . #5628 MAP #: 34-3-39 APPEAL : VARIANCE LOT SIZE PROJECT : LOT LINE CHANGE DATE : THURS NOV 18T"- 10 : 40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765- 1809