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HomeMy WebLinkAbout5592FALBO, JIMMY 122-2-9 R40 5592 VO DEMO OLD & BLD NEW HOME - SY SB'S 10120 SOUND AVE MATTITUCK ! APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://sout holdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 4, 2004 Southold Town Hail 53095 Main Road P.O. Box 1179 Southoid, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED ~ov~n Clerk ZBA Ref. 5592 - JIMMY FALBO Property Location: 10120 Sound Avenue, Mattituck; CTM 122-2-9. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 15,756 sq. ft. parcel has 50 ft. frontage along Sound Avenue and 331 ft. of depth along the easterly side line. The property is improved with an existing one-story frame dwelling with deck, and accessory shed. BASIS OF APPLICATION: Building Department's June 30, 2004 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit application for a new dwelling with side setbacks at less than the code required minimum of 10 feet and 15 feet on each side, and a combined total of less than 25 feet for both side yards (after demolition of the existing building). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 21, 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: The applicant wishes to construct a new dwelling, after removing the existing dwelling. The new dwelling is proposed at 9.1 feet from the southeast corner to the easterly property line, and 5.1 feet from the northwest corner of the proposed covered porch to the westerly property line, as shown on the January 29, 2004 map, revised 6/2/04, prepared by Hands on Surveying. 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed new single-story dwelling construction measures 62 feet x 28 feet, resulting in a 9 ft. 1 in. side yard setback on the east side of ,13age 2 - November 4, 2004 File No. 5592 - J. Falbo CTM Id: 122-2-9 the house and a 5 ft. 1 in. side yard setback on the west side. The new dwelling is a reduction of the existing degree of nonconforming setbacks at the property. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. This lot is long but narrow. To conform with both code required side yards on this lot would leave a house only 21 feet wide. Without a variance, the new dwelling would not possible. 3. The requested area variance is substantial, with a 49% reduction in the current code for a minimum single side yard setback of 5.1 feet instead of 10 feet and a 56.8% reduction in the current code for total side yard setback of 14.2 feet instead of 25 feet. 4. The difficulty was self-created when the new dwelling was being designed to fit a narrow lot without conformity to the current town zoning code. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the January 29, 2004 map, revised 6/2/04, prepared by Hands on Surveying. 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), Goehringer, Tortora, and Orlando. Member Dinizio was absent during this Resolution.,~This Re~lut'. ~ ~j~3k.~ as duly adopted (4-0). Ruth D. Oliva, Chairwoman 11/29/04 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD November 30, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-(J959 Tel. (631) 765-1809 Fax (631) 765-9064 Mr. James Falbo 10120 Old Sound Avenue Mattituck, NY 11952 Re: ZBA Ref. 5592 - Variance for Setbacks (New Dwelling) Dear Mr. Falbo: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its November 4, 2004 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. Also please include a copy of the enclosed determination when submitting other documents or maps to the Building Department for final reviews. Thank you. Very truly yours, Enclosure Copy of Decision 11/30/04 to: Building Department Linda Kowalski LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 21, 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, OCTOBER 21, 2004, at the time noted below: 10:05 AM JIMMY FALBO #5592. Request for a Variance under Section 100- 244B, based on the Building Inspector's June 30, 2004 Notice of Disapproval concerning demolition of the existing building and construction of a new dwelling with side setbacks at less than the code required minimum of 10 feet and 15 feet on each side, and a combined total of less than 25 feet for both side yards, at 10120 Sound Avenue, Mattituck; CTM 122-2-9. 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: September 20, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 30, 2004 TO: Jimmy Falbo 10120 Old Sound Ave Mattituck, NY 11952 Please take notice that your application dated June 24, 2004 For permit to demolish and construct a single family dwelling at Location of property: 10120 Old Sound Ave. Mattituck, NY County Tax Map No. 1000 - Section 122 Block 2 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed construction ora single family dwelling, located in the R-40 District, is not permitted pursuant to Article XXIV Section 100-244B. The non-conforming side yard setbacks for a lot measuring less than 20,000 sq. fi. are 10' minimum & 25' combined. The proposed survey of this 15,756 sq.ft, lot, indicates a minimum setback of 5.1' and combined setback of 14.2'. The lot coverage as proposed is less than 20%. / Authorized Signature NOTE: Any change or deviation to the above referenced application, following any ZBA decision may require further review by the Southold Town Building Department. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Office Notes: Filed By: For Office Use Only Date Assigned/Assignment No. ParcelLocation: HouseNo. /d/.2t~Street~YfOooq,~/' /~..~¢_ Hamlet /~7~//~c SCTM 1000 Section f~ Block0& Lot(s) ~ Lot Size ~ffO Zone District 1 (~) APPEAL THE ~EN DETE~INAT1ON OF THE BUILDING INSPECTOR DATED: AEplieant/Owner(s): ~,~ ~/~0 Mailihg NOTE: If applicant is not (he owner state If applicant ts ownePs attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Address: Telephone: ~-~; Please specify who you wish correspondence tO be mailed to, from th~ above listed names: ~pplicant/Owner(s) [3 Authorized Representative [30therl ' WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~Bufiding Permit D Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. El Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal 13 has}~has not been made with respect to this property UNDER,Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER ol~the neighborhood ora d~triment to nearby properties, if ~iranfed, because: (2) The benefit ~ought by the appllca~CANNO~6~'~chleved by some method feasible for the applicaot to p~rsue, other ~an an area varlance,,because: (3) The amount of relief requested is not substantial because. (~ Has the varlance been self created? (~ Yes, oF ( ) No. If hot, It the con~n ' e~s~ng, asbuilt? ( ) Yes, or ( )No. (6) Additional Information about the surrounding topography and building areas that relate to the dl~cult~ In/m. eeflr~g the code requirements: (~ttach 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~ ~ (Please consult your attorney.} Otherwise, please proceed fo the slanature ap,4 notary area bel.ow. Sl~atqf'e of A~pellant or Authorized Agent (Agent must submit A'uthorization from Owner) Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE £~f requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult yo'ur attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations fo[ the particular disl~ict where the properly is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (desc~ibe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essenflat character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safely and welfare of the communily. (Please explain on a separate sheet il necessary.) 7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial Justice will be done because: (Please explain on a separate sheet ii necessaly.) { ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS, (Please consult your aiforney.) Otherwise. please proceed lo the slanature and notary area below. Sworn to before me Jhls t Cdoy o, .. ., 200 Slgnatu~ of Al~ellant or Authorized Agent (Agent must submit AuthorizatiO~ Itom Owner) 3WNER STREET /(~ I (;~O VILLAGE DIST. SUB. LOT ACR. REMARKS ~PE OF BLD. PROP. LAND IMP. TOTAL DATE FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL PC M. Bldg. Foundation ce Fin. B. Bath Dinette Extension Basement CRAWL P,~m'u~. Floors Kit. Extension Ext. Walls Interior Finish L.R. Extension Fire Place Heat D.R. Patio Woodstove BR. Porch Dormer Baths D~al~k Dock Fam. Rm. Garage QB Pool LINE UAT~4 BR. FIN. B PROPERTY ~E'C:ORD CARD' ~D IMP. ~OTAL DATE R~RKS ~ill~le , FR~TAGE ON WATER ~ PI~ BULKH~D 15 8 0 SURVEY OF DESCRIBED PROPERTY SlTUATE A T MA TTITUCK TOWN OF SOUTHOLD SUFFOI_~ COUNTY, NEW YORK S.C.T.M. DIST. IO00 SEC. 122 BLK. 02LOT9 15 30 45 60 75 90 105 120 SCALE: 1' = 30' DATE: JANUARY 29, 2004 ALL PROPERTIES IMPROVED SERVICED BY PUBLIC WA TER ACROSS STREET WITHIN 150' OF PROPERTY SOUND A VENUE (OLD SOUND A VENUE- NORTH ROAD) ,50:00' 135 493.64' CERTIFIED TO: JAMES FALBO JOB NO. 2004-105 MAP NO. FILED: REVISIONS: REV. PER S.C.D.H.S. COMMENTS / LICENSiE I~ TEST HOLE DATA HANDS ON SURVEYING 46 NORTH ROAD HAMPTON BAYS, NEW YORK 11946 TEL: (631)-723-1954 - FAX:(631)-723-1329 MARTIN D. HAND L.S MIXED SAND AND LOAM '2' PALE BROWN FINE SAND -16.2' WATER IN PALE BROWN FINE SAND SP -17' LOT AREA: 15, 756 SO. FT. = 0.362 ACRE ELEVATIONS REFER TO APPROX. MSL DA TUM AND ARE THE RESULT OF ACTUAL FIELD MEASUREMENTS NO SURFACE WA TER EVIDENT WITHIN 300' EXISTING SANITARY SYSTEM LOCATION AS SHOWN (TO BE ABANDONED -PUMPED CLEAN & BACKFILLED WITH CLEAN SAND OFFSETS SHOWN THUS ( 9.1') ARE TO PROPOSED STRUCTURE PROJECT DESCRIPTION (Please include with Z.B.A. Application) If building is existin~ and alterations/additions/renovations are proposed.' Please give the dimens!ons and overall s,cluare 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: Square footage:_ II. If landis vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height:. III. Purpose and use of now construction requested in this application: 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 comers of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to showy 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-]809) if you are not sure. Thank you, QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is tho subj~'t~premises listed on the real estate market for sale? 13 Yes [i~No Are there any/proposals to change or alter land contours? [3 Yes [WNo 1 ) Are there any areas that contain wetland grasses? .A/O 2) Are the wetland areas shown on the map submitted with this application ? .,~ O 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 detellnination of jurisdiction? Is there a depression or sloping elevation near the area of proposexl construction at or below five feet above mean sea level? r//~. (If not applicable, state "fda".) Are thoro any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Ado/t/~' (If none exist, please st~to_. Do you have any construction taking place at this time concerning your premises? ,,~ If y~s, 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? ,/ti 0 If yes, pleas~ explain where or submit copies of deeds. H. Please list present use or operatio~ conducted at this parcel t/~dt ~ ~////' ~ , andproposeduse // eo~, c~'~,[e -Va..,~,'/? Au~jtfized ~na~ure and-Date 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipality 4. Precise location (Slreet address and mad Interse~ons, prominent landmarks, etc. or provide map) 5. is proposed action: ( ~yNE-~V ( ) EXPANSION ( ) MODIFICATION 1 ALTERATION 6. Descdbe project briefly: Amount of land affected: ~,/o Initially:. acres Ultimalely: acres Will proposed action comply wllh exisUng or cther existing land use restrictions:(~,0'YES r ( ) NO If No, describe bdefiy: 9. What is present land use In vicinily of project: (describe): ( t/~"Resldenlial, ( ) Indusbtal ( ) Commercial ( ) Agricultural ( ) PaddForest/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 ('1~O If Yes, list agency(s) and permll/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( I,~)'~fE8 { ~ NO if Yes, list agency(s) and permti/appmval's: 12. As a result of proposed action, v~ll existing permit/approval require modification? Ii' ) YES (l/~O If Yes, list agency(s) and permilJapprovals: I I certify that fha Information provided above is true to the best of my kn, owledge [Applicant/Sponsor Name: /~----~ ~"~"'~"~'l,'-- Date: Signature: If the action is in the Coastal Area, and. you are a state agency, complete the Coastal Assessment Form before proceeding with this assessmet TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. VOURNAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a cmnpany. 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 fi.om 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 cheek the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of Signature: ~;,~ Print Name: ~/, :,, ~ DEPAR'rMENT OF HEALTH SERVICES OFFICE OF WASTEWA~ER MANAGEMENT COUNTY OF SUFFOLK ROBERT ,J. GAFFNEY SUFFOLK COUNTY EXECUT]VE CLA~E B. BRADLEY, M.D,, H,P,H. PERMIT The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of' app?oval, which may be indicated on the plan or enclosed herein. Construction mustconform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal SYstems fei· Single Family ReSidences" and "Standards and Procedures for Private Water Systems." OmisSions errors or lack of details on the plan does not release the applicant from the responsibility of having the Constmctio'n done in conformance with fipplicable standards. The permit (plan) expu-es three (3) years after the approval date. Any modifications which may affect tho proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction. No inspections wffi be performed by the Department on expir~! permits. Permits may be renewed, extended, transferred or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Form WWM-041). It is the applicant's responsibility to call the department at 852-2097, in advance, to arrange inspections of the sewage disposal 'and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the. approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of the soils for sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-2100 prior to 9:30 A.M., the morning of the inspection. FINAL APPROVAL ISSUED BY Tile DEPARTMENT IS NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS, ADDITIONS TO EXISTING BUILDINGS, OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM.058 (Rev. 7/02) PAGE 1 OF 2 TOWN OF SOUTHOLD BUILDING DEPARTMEW~ [TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 76S{l_80Z~___~ FAX.' (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ,20___ Approved :o ISAPPROVAL Disapproved a/ct~_. /, Expiration ,20 BUILDINORMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planrdng Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: ehone: 70 o? Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ~,~ ,200 cF' a. This apphcation 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 &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 l~s 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. applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~,'~--~ ~" ,'~-, ~fdo (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and rifle of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: /,.zo To ..,o/ House Number Street Hamlet County Tax Map No. 1000 Section Subdivision (Nme) Block ~ ~ Lot Filed Map No. Lot · tJ~'y~~ ~/-~..¢///. r -- ~ ovv-edkon~tmcbon: f' ' ' b. Intended use and occupancy / ~.~,/.~.. ~ j/ ~ 3. Natu? of work (check which applicable): New Building ~ Addition_____~Alteration Repmr ~Removal__________Demolmon ~ Other Work --------___ 4. Estimated Cost /'~c> ~'~ ' Fee (Description) 5. If dwelling, number of dwelling units -_._______Numb ~-aapp~ 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 ~_ Height ~,~ ~ ----- - Number of St~ _Rear ~ ~' _Depth ~'O ' 8. Dimensions of entire new construction: Front ~ Rear Height Number o~Stode~ - 9. Size of lot: Front ~-~ r Rear ~o c · _Depth. 10. Date of Purchase Dimensions of same structure with alterations or additions: Front Depth. _Height. Numb-er of Stories Rear _Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES ~" NO Will excess fill be removed from premises? YES_ v'/'NO [4. Names ofOwnerofpremises O7..., /-~/~/o - Name of Architect Address/oc~ o~/-j-o~,.~/',,~oe Phone No. Address phone No_ · Name of Contractor__. ~;...._ ~/(o Address _ __Phone No. 5 a. Is this property within 100 feet ufa tidal wetland or a freshwater wetla,, ' , VES NO ,-- * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUI~-ED. b. Is this property within 300 feet ufa tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. ~ 5. Provide survey, to scale, with accurate foundation plan and distances to property lines z. If elevation at any point on property is at I 0 feet or below, must provide t, 4raphical data on survey. ?ATE OF N~W YORK) )UNTY/~ - .... F, ~ neing duly sworn (Na~me of mdlwdual signing contract) above named, , de'- d says that (s)he is mc applicant He is the (Contractor, Agent, Corporate Officer, etc.) -- ;aid owner or owners, and is duly authorized to perform or have performed the s,m~ work and to make and file this application; i all statements contained in this application are true to the best of his knowled~:, , .,I belief; and that the work will be Formed in the manner set forth in the application filed therewith. ' ~ C0RwIr~ I'lofa~l~l~ Stat~ of N~ York No. 01C05017852 O~alif~l in S~01k Coun;; Cammis$ion Expires Sept. l:~, ~.~ ~ ,,J'" ~ ~rna - of'Applicant ~)00~l~- ~-q I .ow. of sou..o.~, ,.o;,£..~,.Eco.~, c^.o t m-~ I WNER STREET,~[~) I G~_~<~) VILLAGE DIST. SUB. LOT ACR. REMARKS TYPE OF BLD. PROP. CLASS ~, ~ ' t LAND IMP. TOTAL DATE FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL M. Bldg. Foundation Bath Extension Basement Floors Extension Extension Patio Porch Garage Pool' Ext. Walls Fire Place Dormer Dock PC cs Fin, B. Interior Finish Heat Woodstove Dinette Kit, ER. BR. Baths Fam. Rm. 1st 2nd PROCERTY ~E'C:ORD CARD R~.~ 7~ S~. ~. FA~ CO~. CB. MICS. Mkt. Value ~ND IMP. ~OTAL DATE R~S 'ill~t~ , FR~TAGE ON WA~R ~ P~ BULKH~D M. Bldg. Re~ns ISt Floor BR. IFIN. B I 9 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 30, 2004 TO: Jimmy Falbo 10120 Old Sound Ave Mattituck, NY 11952 Please take notice that your application dated June 24, 2004 For permit to demolish and construct a single family dwelling at Location of property: 10120 Old Sound Ave. Mattituck, NY County Tax Map No. 1000 - Section 122 Block 2 Lot 9 Is returned herewith and disapproved on the following grounds: AUG 1 8 ~004 The proposed construction ora single family dwelling, located in the R-40 District, is not permitted pursuant to Article XXIV Section 100-244B. The non-conforming side yard setbacks for a lot measuring less than 20,000 sq. ft. are 10' minimum & 25' combined. The proposed survey of this 15,756 sq.ft, lot, indicates a minimum setback of 5.1' and combined setback of 14.2'. The lot coverage as proposed is less than 20%. / Authorized Signature FALBO, JIMMY 122-2-9 R40 5592 VO DEMO OLD & BLD NEW HOME- SY SB'S 10120 SO UND AVE MATTITUCK NOTE: Any change or deviation to the above referenced application, following any ZBA decision may require further review by the Southold Town Building Department. SU; c Y OF TO:JAMESFA "O DESCRIBED PROPERTY [ I $1TUA TEA T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.M. DIST. 1000 SEC. 122 BLK. 02 LOT 9 15 8 0 15 30 45 60 75 90 105 120 135 SCALE: 1' = 30' DA TE: JANUARY 29, 2004 ALL PROPERTIES IMPROVED SERVICED BY PUBLIC WA TER ACROSS STREET WITHIN 156' OF PROPERTY SOUND A VENUE (OLD SOUND A VENUE- NORTH ROAD) COMZ JOB NO. 2004-105 MAP NO. FILED: REVISIONS: REV. PER S.C.D.H.S. COMMENTS 6/2./04 HANDS ON SURVEYING 46 NORTH ROAD HAMPTON BAYS, NEW YORK 11946 "~ TEL: (631)-723-1954 - FAX:(631)-723-1329 MARTIN D. HAND L.S 493.64' TEST HOLE DATA M.~X, ED SAND AND LOAM PALE BROWN FINE SAND -16.2' WATER IN PALE BROWN 0 S.C.D.H.S. ENDORSEMENTS LOT AREA: 15,756 SO. FT. = O. 362 ACRE ELEVATIONS REFER TO APPROX. MSL DATUM AND ARE THE RESULT OF ACTUAL FIELD MEASUREMENTS NO SURFACE WATER EVIDENT WITHIN 300' EXISTING SANITARY SYSTEM LOCATION AS SHOWN (TO BE ABANDONED - PUMPED CLEAN 8, BACKFILLED WITH CLEAN SAND OFFSETS SHOWN THUS ( 9. I') ARE TO PROPOSED STRUCTURE APPLICATION TO THE OUTHOLD TOWN Fee: Filed ~ . Date Assigned/Assignment No. ~ / ~ ~ _ DEMOFAL10120 BO.soUND OLD J I M &MYBLD AVE 122-2 NEW MATTITUCK -9 R40 HOME 5592 _ SY VO SB'S k]5.',[ I,i, ~_ :, :,; ~]~ ['. ~ ~.:S',,S~ ]': ~'~ S SCTM 1000 Section ~ BlockO& Lot(s) ~ Lot Size ~O Zone District I (~) APPEAL THE ~EN DETE~INATION OF THE BUILDING INSPECTOR DATED: Ap. plicant/Owner(s): ~7//r~/,~fl/ Mailing Authorized Representative: Address: Telephone: ~ ~c-g~; Please specify who you wish correspondence tO be mailed to, from the above listed n am.es: ~'~pplicantdOwner(s) [] Authorized Representative [30ther~ WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~Buiiding Permit. H Certificate of Occupancy {3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article Section 100- Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. 13 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section 13 Reversal or Other A prior appeal D has}i~has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of'fha neighborhood or a detriment fo nearby properties, If aranfed, because: __ applicator to p~ursue, other than an area variance, because: (3) The amou,nt of relief requested Is n, ot substantial be~:au~e. [B me w~nce~ NO~ h~ve en eever~e e~ O~mp~c~ ~e Ehysl~l or envlronmen~l condi~99~ in t~q nel~rh?od or dlsME~ be%aus9. ~0 v/ (5) Hm fhe v~nce been seti-cre~fed? (~ Yes, o~ ( ) No. If e~sflng, os bull~ ( ) Yes, or ( ) No. (6) AddItional Information about the surrounding topography and building areas that relate to the di~cult~ in/m. eeti~g the code requirements: (gftach 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 fha community. ( ) Check this box and complete PART B, Questions on next page to apply~ ST D~. (Please consult your attorney.) Otherwise, olease proceed fo fha si.clnafure anti notary area be[ow. Signafuffe of A~pellant or Authorized Agent (Agent must submit A~thorization from Owner) PROJECT DESCRIPTION (Please include with Z.B.A. Application) If boilding is existing and alterations/additions/renovations are proposed.' A. Please give the dimensions and overall s,quare footage of extensions beyond existing building: Dimensions/size; Square footage: - Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage:. II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage:. Height: III. Purpose and use ofnfw construction, requested in, this application: 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 comers of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with BuiMing Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR HLING WITH YOUR Z.B.A. APPLICATION Is the subject~premises listed on the real estate market for sale? [] Yes Are there any/proposals to change or alter land contours? [J Yes [i~'No i) Are there any areas that contain wetland grasses? 2) Are the w~land areas shown on the map submitted with this application? fl/O 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 yon contacted the office of the Town Trustees for its detexmination of jurisdiction? ,,~t,,¢ Is there a dapression or sloping elevation near the area of proposed co~c~?n at or below five fe~t above mean sea level? H/dc (if not applicable, state 'n/a' .) Are there any patios, concrete bamers, bulkheads or feaces that exist and are not shown on the survey map that you are submitting? /tYO~'~' (If none ~xist, please state "none".) Do you have any construction talfing place at this time concerning your premises? ~ If yes, plea.se submit a copy of your building permit and map as approved by the Building Department. If none, please state. O. Do you or any co-owner also own other land close to this parcel? ~ 0 If yes, pleas* explain where or submit copies of dexxts. H. Please list present use or operations c. onduCgd at this parcel ¢//~/~ ~ Au~rized ~na'tur¢ a~d~Date 61Z21 Appendix C Stats Envtronmsntal Quality R~view SHORT ENVIRONMENTA~ ~SSESSMENT FORM For 079ZISTED ACTIONS Only PART I - Project ~nformation (To be complete by Applicant or Project spon.~or) 1. Applicant / Sponsor 2. Pmjest Name 3, Project Iocfifion: Municipalily County 4. Precise location (Street address and mad Intersections. prominent landmarks, etc. or provide map) 5, Is proposed action: [(,~I:--'W ( )EXPANSION ( )MODIFICATION/ALTERATION 7. Amount of land affected: /'~o initially: acres; Ultimately: acres 8. Will proposed action comply with e)dsting or other existing laed use restrictions:(¥"')"YES ( ) NO If No, describe briefly:. ) Industflal ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 9. What Is present land use in vicinity of project: (describe): I( i/)'~Residential , ( 10. Does action Involve a permit approval or ~unding, now or ultimately from any other Govemmestal agency,(Federal, State or Local) ? ( ) YES ( ~0 If Yes, list agency(s) and pemlit/approvals: 11. Does any aspect of the acUoo have a currently valid permit or approval? I( I~(ES ~ J NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permitJapproval require modiflcaUon? ) YES (i/)'NO If Yes, list agency(s) and permit/approvals: IAppllcant / Sponsor Name: Signature: I certify that the Information provided above Is ~ue to the best of my kn, owledge If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessm~ -) APPLICANT · TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and emuloyees. Thc numose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Fo-/t° (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 relafonship 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 1~ 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 pemon: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee oftbe applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day ~ . Print Name: DEPARTMENT OF HEALTH SERVICES OFFICE OF WASTEWA~ER MANAGEMENT COUNTY OF SUFFOLK ROBERT J. GAFF'NEY SUFFOLK COUNTY EXECUllVE ~ ;2/0-0¥- oo~- CLARE 8. BRADLEY, M.D., M.P.H. COMMISSIONER PERMIT The attached plan. when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or lack of details on the plan does not release the applicant from the responsibility of having the construction done in conformance with applicable standards. The permit (plan) expires three (3) years after the approval date. Any modifications which may affect the proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction. No inspections will be performed by the Department on expired permits. Permits may be renewed, extended, transferred, or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Form WWM-041). It is the applicant's responsibility to call the department at 852-2097, in advance, to arrange inspections of the sewage disposal and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the- approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of the soils for sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-2100 prior to 9:30 A.M., thc morning of the inspection. FINAL APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS, ADDITIONS To EXISTING BUILDINGS, OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM.058 (Rev. 7/02) PAGE 1 OF 2 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville August 26, 2004 Zoning Appeal No. 5592 Transmitted herewith is Zoning Appeals No. 5592- Jimmy Falbo - Zoning Board of Appeals application for variance. Also included is Notice of disapproval dated June 30, 2004; application to the Zoning Board of Appeals; Area variance reasons; project description; ZBA questionnaire; Short environmental assessment form; applicant transactional disclosure form; building permit application dated June 24, 2004; copy property survey and 11 color photos. l~sTOWn Of Southold P.O Box 1179 outhold, NY 11971 * * * RECEIPT * * * Date: 08~20~04 Transaction(s): Application Fees Receipt#: 1930 Subtotal $600.00 Check#:1930 Total Paid: $600.00 Name: Falbo, Jimmy 10120 Old Sound Ave Mattituck, NY 11952 Clerk ID: BONNIED Internal ID: 99740 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 30, 2004 TO: Jimmy Falbo 10120 Old Sound Ave Mattituck, NY 11952 Please take notice that your application dated June 24, 2004 For permit to demolish and construct a single family dwelling at Location of property: 10120 Old Sound Ave. Mattituck, NY County Tax Map No. 1000 - Section 122 Block 2 Lot 9 Is returned herewith and disapproved on the following grounds: The proposed construction of a single family dwelling, located in the R-40 District, is not permitted pursuant to Article XXIV Section 100-244B. The non-conforming side yard setbacks for a lot measuring less than 20,000 sq. fi. are 10' minimum & 25' combined. The proposed survey of this 15,756 sq.fi, lot, indicates a minimum setback of 5.1' and combined setback of 14.2'. The lot coverage as proposed is less than 20%. Authorized Signature NOTE: Any change or deviation to the above referenced application, following any ZBA decision may require further review by the Southold Town Building Department. SITUATE A T , JoB NO. 20~ ,, MA TTITUCK I MAP NO. TOI4/N OF SOUTHOLD ~ FILED: ! REVISIONS: A~ PRO~R~ES IMPROVED ~ LICENSt SERVI~D BY PUBUC, WATER ~ --,- --, - , I HANDs ON SURVEYING SOUND A VENUE ~ ~o.~.o~ I HAMPtoN BAYS, NEW YORK (0~ SOUND A VENUE - NORTH ROAD) I TEL: (631)-72~ 19~ - F~:(631)-72~ 1329 · ~ ~ P~ ~ MARTIN D. HAND 495.64' TEST HOLE DATA .M2,/,/~ED SAND AND LOAM wA TER IN PALE BROWN 1FTtNE SAND 0 -% LO T AREA: 15, 756 SQ. FT, = O. 362 ACRE ~-~'~ '" ~'"' ELEVATIONS REFER TO APPROX. MSL DA TUM ~ AND ARE THE RESULT OF ACTUAL FIELD MEASUREMENTS NO SURFACE WA TER EVIDENT I/VlTHIN 300' ~ EXISTING SANITARY SYSTEM LOCATION AS SHOWN  ~ (TO BE ABANDONED - PUMPED CLEAN 8, BACKFILLED c~,~.~.'~-~_ WITH CLEAN SAND ~ '..='o'-.~ - - OFFSETS SHOWN ' THUS ( 9.1 ) ARE TO PROPOSED STRUCTURE O~ ., . _.,o~ o~?~.w TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765' 180~ ' FAX: (631) 765-9502 www. northfork, net/Southold/ PERMIT NO. Examined ,20 Approved Disapproved Expkafion ,20 BUILDING PE~IT APPLICATION CHECKLIST Do you h~ve or need the following, before applying? Board of Health 4 sets of Building Plans PlannJag Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: .hone: 70 O? Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS 200 ct/ 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 befoi'e 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 Ires 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. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~,~.~ ~/ ,'~. ~ (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 proposed work will be done: / ocor House Number Street Hamlet County Tax Map No. 1000 Subdivision (Name) Section Block ~ 3- Filed Map No. Lot Lot State existing use and occupa~of premises and intended use'and oc~ancy'of/)roposed k, onstmcfion: a. Existing use and occupancy b. Intended use and occupancy / Demolition 3. Nature of work (check which applicable): New Building Repair Removal 4. Estimated Cost /c~O/~ 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) Fee l A ~ ~'~ ~ ~(~t~ on tiling this application) Numb"alSTl~lll~ u~[~)~ach floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front ~ ?-- Rear Height. ¢. r- Number of Stories I Dimensions of same structure with alterations or additions: Front 9. 10. Date of Purchase Depth. Height. Dimensions of entire new construction: Front Height Number of Stories Size of lot: Front .5-(P Rear Rear Number of Stodes Rear 2" J:~' t .Depth c Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO ~ 13. Will lot be re-graded? YES ''/ NO__Will excess fill be removed fi.om premises? YES /'NO 14. NamesofOwnerofpremises ;37o-, ---~/fo Address/or~o o(,~-fo~,.~,,~e PhoneNo. ,,2F~- 2oo~' Name of Architect Address Phone No · Name of Contractor j;.,... ~,. r(o Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a fi'eshwater wetland? *YES * 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. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NF~W YORK) '~.~,,~ ~, //Zr~._/' ~ U ~ '[o berg d~y swom, d~ses ~d says t~t (s)he is the applic~t ~me of indihd~ si~ng comract) above reed, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. / / /-/( ,.,/ /~atm:e of Applicant Ndaq I~bl~, Sate of Nea Y0A No, 01C05017852 Omlif~ in Suit0 k C0~n,b Commission Expires Sept 13, :__~ BOARD OF APPEALS suant to Section 267 of the ' and Chapter 100 Town of Southold. public the gv APPEAL$-~ the ToWn Hall, 53095 Main Road, I~O. Box 1179, Southold, New Yo0? I1971:0959, on the thn~betow (or as~oon-m~,~ . r as poss~): LEGALS... ~,,-F, rom page 45A 10:10 a.m. MARION GOTBET. TER and CARMEN RAMIS, Request for Variances under Secfons 100-242A and 100-244, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 30, 2004 and September 3, 2004, concerning a second-story and gaxage addition to the existing single-family dwelling, with an increase in the degree of nonconforming with a front yard setback at less than 40 feet, at 425 Diamond Lane and Private Road, Pe¢onic; CTM 68-2-13.1. 10:15 a.m. JAMESAND MAURA O'MALLE¥ #5596. Request Under Section 100-26 for a Lot Waiver to unmerge a land &yea of 16,198 sq. ft., which, based on the Building Inspector's August 12, 2004 Notice of Disapproval, amended August 23, 2004, states that the properly is me]gee with an adjacent lot which has been in com- mon ownership at any time afte~ July 1, 1983. The Applicant proposes to unme~ge 16,198 sq. ft., identifiee as 2545 Mill Road at the comer of Miami Avenue (a private mad), CTM 67-6- lot coverage in excess of the COde limi- tetion of 20% of the lot area ( 10,066 sq. ft.) Also proposed is an accesso~ shed Inspector's August 6, 2004 Notice of Disapproval concerning additions with alterations to the existing dwelling, with an increase in the degree of nonconfor. mance at less than 15 feet on a single side yard and less than 35 feet total side yards, at 645 Fisherman's Beach Road, Cutchogue; CTM 11i-I-33. 10:45 a.m. WILLIAM and DON. NA GOGGINS #5601. Request for Variances under Sections 100-30A.3, Bulk Schedule, and Section 100-~2A, based on the Building Inspector's August 30, 2004 Notice of Disapproval concerning "as built" additions with alterations ~o applicant's dwell/n# with an increase tn the degree of non-confor- mance, at less than 50 feet tom the front lot line and above the code's 2-1/2 story height limitation, at 8755 New Suffolk Road, New Suffolk; CIIV[ 117- 10-14.1. 11:00 a.m. MrULLEN REAL~.rir, L.P. and RWM ENTERPRISES, INC. g5598 and #5599. Location of Properties: Main Road, Locust Lane and Cottage Place, Soulhold; CTM 62-3-19, 20, 22.1, 24.1. Appeal No. 5598: Request for Va. dances, relative t9 proposed Parcel I, under Sections 100-102 (Bulk I:00 p.m. LINDSEY & SHELLEY SCOGGIN #5622. Request for a Variance under Seetions 100-242A and 100-244. based on the Building Inspector's September 14, 2004 Notice of Disapproval COncerning a proposed dormer above the fLrst floor, disap- proved for the reason that the addition will be an increase in the degree of non- conformance with a front yard setback of less than 35 feet. 2220 Pine Tree Road and Bittersweet Lane, Cutehogue; CTM 104-2-8. 1:05 p.m. AT&T WIRELESS, OM. NIPO/IWF FACILITIES NETWORK 2, LLC, AFFORDABLE HOUSING ASSOCIATES, INC. D/B/A REA. CON WIRELESS MANAGEMENT, ORIENT FIRE DISTRICT Location of lh'oper~y: Orient Firehouse 10:40 a.m. JANE GOELLER Parcel, 23300 Main Road, Orient; CTM ~5597. Request for a Variance under 18-5~13.8; Zone District: R-80. Variances under Sections 100- 162A(3) and 100-165B, based on the Building Inspector's April 23, 2004 Notice of Disapproval, amended May 2, 2004 and JUne 3, 2004, concerning a proposee telecommunications tower at 125. ft. height with antenna, and related equipment. The reasons stated for disap- proval are that the telecommanicationa tower: (1) does not meet the code requirements with a proposed height at 125 feet, (2) is not permitted to be locat- ee within 300 feet of Insmric properties, CTM 18-5-15.1, 18-5-11.1, and (3) is '~o~ pennittee on a nonconforming lot s~ze, or lot containing less than a mini- mum lot ama in a residen0al dis~ict of five (5) acr~. Special Exception under Section 100-16ZA(3) to construct tol*conununi- The Board of AIr. als wilt heat all persons, or their ~ves, desir- ing to be board at each hearing, and/or desiring to submit writ~n statom~nts before the conclusion of each hearing. Each hearing will not start earlier than designated above. Fries are available for review durlag regular business hours. If you have questions, please do not h~si- tare to call (631) 765-1809. Dated: October 4, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #7133 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, commencing on the 7th day of October ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA VOLINSKI NOIARY pUBt. IC-STATE OF NEV,/YORK No. 01.V0610~80 Cemmlillon Explrea February 28, 2008 ZONING BOARD OF APPEALS · TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000-/Z Z - 0,.~_. _ ~) AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~.~4..,-~,~- ,'~,~-/~¢ residingat /o/~0 o~D ~ ~vE; ~ ~/~c~, New York, being duly sworn, depose and say ~at:' ~ On the ~3 ~day of ~ ., 200~1 personally mailed at the United States Post Offi~ in ~C . . , New York, by CERTIFIED' MAIL,, RETURN RECEIPT REQUESTED, a tree copy of the affa~ed L~al Noti~ in prepaid envelopes addmss~ to cu~ent owners sho~ on ~e ~nt assessment tell verified from the official re~rds on.file with ~e (~ Asse~sors,'or ( ) County Real Prope~y ~ce '~o~F~o[~ ~.~ , for eve~ .properly ~ich abuts and is a~oss a public or pdvate street, or vehi~lar right.f-. way of record, surrounding the applicant's properly. ' ~Signature) .' this · 200 PATR~CiA A. WAL~H ~IOTARY PUBUO, Stale si New York No, O1 WA5069067 ~lil ~d in Suffolk County :iE~ Retum Reciept Fee i (EndorSement Required) IiiI i~ Tot~ Postage & Fees back of this Affidavit or on a sheet of paper, the lot numbers ames and addresses for'which ~otices were mailed. Thank MAILING ADDRESS: 5~,J095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue September 20, 2004 Re: Chapter 58 - Public Notice for Thursday, October 21, 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 OCT. 2nd: 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 aI. JI 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 OCT. 5: 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 headng and retum it when available. These will be kept in the permanent record as proof of all Notices. 2) By OCT. 13th: 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 Postinq before the day of the hearing. 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 Ends. NOTI OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property: NAME: JIMMY FALBO 5592 MAP #: 122-2-9 APPEAL: SETBACKS PROJECT: DEMO OLD & BLD NEW HOME DATE: THURS OCT 21 2004 10:05 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 OFFICIAL USE ONLY FALBO, JIMMY 122-2-9 R40 5592 VO LABEL (4) DEMO OLD & BLD NEW HOME - SY SB'S . 10120 SOUND AVE MATTITUCK CTY TAX MAP (8) NEIGHBORS CIRCLED (RED) AND TAX #'S WRITTEN ASSESSORS CARD (7) PULL NOD FROM BD - 1 ON FLDR RT SIDE (~ RESEARCH PRIORS (6) [// INDEX CARD - MAKE NEW OR ATTACH / ADD ON TO OLD IF PRIOR ~ ~ ~ SOIL & WATER LTR: PARCELS ON LI SOUND - Mail ASAP PB MEMO: GET COMMENTS FROM CHAIRPERSON (COMMERCIAL / SUBDIVISION / LOT LINE / SCENIC BYWAY) INSPECTION PACKET SIGN (S) MAILINGS: CVR LTR, SIGN, AFFS SIGN PSTG & MLG, LN COUNTY PLANNING LTR UPDATED: NEW INFORMATION: ZONING BOARD OF APPEALS · TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as t0O0- /Z?- - o2- - ? -X COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT : OF SIGN '~.. ......... POSTING residingat /o/ zo old' New York, being duly sworn, depose and say that: Onthe /2 dayof Oc/. ,200~lpersonallyplaced the · Town'S official Poster with the date o[ 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 date, whi~,~ heafing.~e, te weC'.s~own to be (~gn~ture) SwOrn to before me this ~-o~','~lay of 4:~c~ '200~. ' (Notary Public) *near the entrance or driveway entrance of my properly, as the area most visible to passersby. · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address diffeeent from iten~ 1 ? If YES, enter delivery address below: [] No 3. Service Type [~ertified Mail [] Express Mail [] Insured Mail [] C.O.D. PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M- 1540 · Complete items t, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature [] Agent [] Addressee B. Received b D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type 'l~"Certified Mall [] Express Mail [] Registered [] Raturn Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Ex~ Fee) [] Yes 2. Article Number rr,~o~.,~ ~Z:~ z~' /_Td-O oo o l ?,~--~o o~P/'~' · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is dssired. · Print your name and address on the reverse so that we can ~=,,turn the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: ,,c 0 SO ~C'~','~cI ,,~.'~'- 2. Article Number A. Signat X ~ [] Addressee B. Receivedby(PJ~nte~e~ C. Dste of Delivery D. Isd~iv~add ~m 17 ~ Yes If YES, enter ~ below: ~ No 3, Se~iceT~~' ' ~ifi~ Mail D ~ Mail PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: X [] Agent [] Addressee Date of Delivery D. Is daiiver from item 17 [] Yes If YES, ester delivery address below: [] No 3. Service Type [:~'lSertifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 2. A,'ticle Number PS Form 3811, February 2004 Demestk: Return Receipt 102595-02-M-1540