Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5590
AKSELRAD E (CV FOR THOMAS) 5590 GG NEW HOUSE - BLKHD SB (C. MESIANO) 1355 SHORE DR GNPT 47-2-27 R40 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7, 2004 ZB Ref. 5590 - EVAN AKSELRAD Property Location: 1355 Shore Drive, Greenport; CTM 47-2-27 RECEI NOV 1 0 2004 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 13,262 sq. ft. parcel has 100 ft. along the south side of Shore Drive, and average lot depth of 130 feet. The property is vacant, and a wood bulkhead borders the southern end of the property along Pipes Cove. BASIS OF APPLICATION: Building Department's April 12, 2004 Notice of Disapproval, amended August 2, 2004, citing Section 100-244B, in its denial of a building permit to construct a new single- family dwelling, for the reason that the setback is less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 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 is proposing a new dwelling. In the original submission, a variance was requested for a 62' by 30' size, plus front porch and two decks, as shown on the February 19, 2004 survey prepared by Fox Land Surveying, amended April 7, 2004. The closest setback to the bulkhead in the original submission notes a proposed distance of 43.7 feet. ADDITIONAL INFORMATION: During the September 14, 2004 public hearing, the applicant's agent was requested to increase the setback for a possible alternative plan that would be more conforming to the code's bulkhead setback requirement of 75 feet. On 9/23/04 the applicant submitted a revised plan for the new dwelling, with a reduction in the size of the rear deck to 10 feet, increasing the setback to 46.2 feet from the bulkhead, shown on the survey prepared by Fox Land Surveying, amended September 15, 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - October 7, 2004 ZBA Ref 5590 - Evan Akselrad CTM Id; 47-2~27 1. Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board in its reviews observed the existing homes in the area for similar setback distances. The community as a whole is made up of 19 lots along Shore Road, 17 of which are improved with dwellings. Most appear from the road to be closer than the 75 ft. code requirement. 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 contains a maximum depth between the street and the bulkhead of 131 feet along the west side, and a total lot size of 13,262 square feet. Pipes Cove and a bulkhead border the southerly end of the property. The code requires a minimum 35 ft. front setback along Shore Drive on the northern end, leaving 20 feet, or less, for a dwelling plan. 3. The variance granted herein is substantial because the code-required minimum from the bulkhead is 75 feet, and this is a 38.4% reduction from that requirement. 4. The difficulty was not self-created, in that the applicant has tried to conform to the code requirements, and request a single variance, the setback to the bulkhead. 5. No evidence has been submitted to suggest that a variance in this community of smaller lots improved with single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the alternative 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 Goehringer, seconded by Chairwoman Oliva, and duly carried, to DENY the variance applied for, and to GRANT alternate relief, as shown on the survey prepared by Fox Land Surveying, amended September 15, 2004 and elevation diagram dated 9/13/04, prepared by Anchor Consulting. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that may violate the Zoning Code, other than such uses, setbacks and other Page 3 - October 7, 2004 ZBA Ref 5590 - Evan Akselrad CTM Id: 47-2-27 features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva~Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0). ] ~,. ,.-T, (~/ . Ruth D. Olive, Chairwoman 11/9/04 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, SEPTEMBER 14, 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 TUESDAY~ SEPTEMBER 14~ 2004, at the time noted below: 10:30 AM EVAN AKSELRAD #5590. Request for a Variance under Section 100-239.4B, based on the Building Inspector's April 12, 2004 Notice of Disapproval, amended August 2, 2004, concerning a new single-family dwelling proposed with a setback at less than 76 feet from the bulkhead, at 1355 Shore Drive, Greenport; CTM 47-2-27. 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: August 20, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILD1NG DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL AKSELRAD E (CV FOR THOMAS) 5590 GG NEW HOUSE - BLKHD SB (C. MESIANO) 1355 SHORE DR GNPT 47-2-27 R40 DATE: April 12, 2004 AMENDED: August 2, 2004 TO: Catherine Mesiano (A/C Thomas/Anavi/Akselrad) 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated April 1, 2004 For permit to construct a new single family dwelling at AUG 0 3 2004 Location of property 1355 Shore Drive, Greenport, NY County Tax Map No. 1000 - Section 47 Block2 Is retumed herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 14,984 square foot parcel, located within the Residential R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." Following the proposed construction, the single-family dwelling will be setback +/- 43.7 feet from the existing bulkhead. ...... Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. This Notice of Disapproval was amended on August 2, 2004, to remove reference to merger, based on additional information supplied to this office. Cc: File, ZBA APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: I SCTM1000Sectioni~'7 Block~ Lot(s)~? Lot Size. -~A Zone District /~' ~t~ I (WE) APPE.A[t THE/WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: ~'//Z / 0 ~' Mailing -- AKSELRAO E (CV FOR THOMAS) 5590 GG Telephone: ~/~ ' ~ ~ ~ ' ~ NEW HOUSE - BLKHD SB (C. MESIANO) 1355 SHORE DR GNPT 47-2-27 R40 Authorized Representative: Address: Telephone: Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) ~Authorized Representative [] Other: _~__Y THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~ Building Permit ~ Certificate of Occupancy [] Pre-Certifieate of Occupancy Other: [] Change of Use [] Permit for As-Built Construction [] 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. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal~ has [] has not been made with respect to this property UNDER Appeal No~.~ear I q'~ ~ · Evan Akselrad & Yasmine Anavi 1355 Shore Drive, Greenport REASON FOR APPEAL 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted because: · The proposed dwelling on the existing lot is in conformity with the area. · Shore Road is comprised of 19 lots, 17 of which are improved with single family dwellings. All lots have < 100' frontage. · There are 9 waterfront lots on Shore Road; 7 are improved; one appears to be owned by an adjoining lot owner. · The improved waterfront lots appear to have similar setbacks to the bulkhead as is proposed. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than the area variance because: · A practical difficulty is caused by the inability to comply with the dimensional requirements as set forth in 100-244B and 100-239.4. · The depth of the lot ranges from129.25' to 131' (to AHW). The depth from the front lot lie to the bulkhead ranges from 118' to 131 '. 3. The amount of relief requested is not substantial because: · The proposed dwelling will maintain setbacks similar to all existing dwellings in the area. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: · Appropriate erosion control measures will be implemented during all phases of construction. · The proposed septic system will be in conformity with Suffolk County Health Department standards · Drywells will be installed to contain any stormwater runoff generated onsite. · Proposed lot coverage will be < 20%. · The proposed plan has been approved by the Southold Board of Town Trustees. 5. The alleged difficulty has not been self-created. 6. The dimensional constraints of the property dictate the placement of the proposed improvements. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Catherine Mesiano, Inc., Agent for Evan Akselrad & Yasmine Anavi Sworn to before me this day of ,2004. Notary Public /~-I? TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN'=R STREW' /~:>v,~GE rD,sr. SUB. FO~ER OWNER N E ACR. ~OFq ~ ~q~ S W ~PEOFBUILDING ~. S~S. VL._ ~ 1~ FA~ CO~. CB. ~ISC. ~k~. V~lue ~ND I~P. TOTAL DATE RE~ARKS /~" AGE BUILDIN6 CONDITION N~ NOR~L BELOW ABOVE FA~ Acre V~lue Per Value ~re Tillable ] Tillable 2 Tillable 3 W~dlond FRONTAGE ON WATER / Sw~mpl~d Br~l~nd FRONTAGE ON ROAD Hous~ PIct DEPTH ~-~ , BULKH~D Total D~K NOTICE COUNTY OF SUFFOLK (~) Real Property Tax Service Agency / / / / / / / / / / / / 58' TEST HOLE DATA McDONALO CEO$CIENCE FEB. 6, 2004 EL=13.0 0.0 DARK BROWN CLAYEY LOAM 1.0 BROWN CLAY EL=5.4 9.6 WATER IN BROWN CLAY Survey for: EVAN AKSELRAD & YASMINE D. ANAVI Lot ?8 & 19 "Creenport Shores, Section f" At Greenport Town of Southold Suffolk County, New York S.C.T.M.: 1000-047.00-02.00-027.000 30 0 30 SCALE: 1 "= 50' NOTES: 1. AREA = 15,262 S.F. 2. · = MONUMENT FOUND. ~, = STAKE FOUND. 5. SUBDI~SION MAP #GREENPORT SHORES, SECTION FILED IN THE OFFICE OF ~-IE CLERK OF SUFFOLK COUNTY ON JUNE 29, 19.50 AS FILE NO. 1759, 4,ZONING USE DISTRICT = R-40 5.0 YARDS OF FILL REQUIRED 6. THIS PARCEL IS WITHIN FIRM BOUNDARY ZONE AE(EL 8) & ZONE X AS SHOWN ON FIRM BOUNDARY MAP NO. 5610,3C0159 G LAST DATED MAY 04. 1998. PROPOSED LOT COVERAGE: HOUSE & GARAGE = 1800 S.F. DECK = 606 TOTAL = 2406 S.F. OR 18.1~ SEP 2 3 2004 S[P~C TN~IK SEPT. 15, 2004 m[.D~ ~o~. APR, 7, 2004 L~m 5ET FOR MAR. 30. 2004 mENO~ m~. MAR. 19, 2004 AD~O mEES ~ D~NG DATE: FEB. 19, 2004 JOB NO: 2004-055 CERTIFIED TO: EVAN AKSELRAD & YASMINE O. ANAV1 OA~O H. FOX N.%S.L.S. #50234; FOX LA~D SURVEYING 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 (651) 288-0022 DWG: 2004-055 Front Elevation 1/8" = 1'-0" i ! )Rear Elevation 1/8" = 1 '-0" ANCHOR CONSULTING NOTFOR CONSTRUCTION ~SSUE: O~ O0 O0 O0 Progress Anavi Residence 1355 Shore Ddve, Greenpor[, NY 16 Jay Street, 3rd Floor NewYork, Ny 10013 p. 212.431.0104 f 212.267.6795 09 13 04 ARB F!LE NAME Projects/03056 Front and Rear A1 O0 DEPARTMENT OF PLANNING COUN-I'Y OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF PLANNING December 28, 2004 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Brandvold, John & Marion Ferrell, Kevin & Susan* Lomangino, Susan (Mattituck Riding Arena/Stable) Tapp, R.; Ellis N.* Bozzo, Eugene & Georgene Witschiebein, Carol; Larsen, Janet Gemmill, James N. Miller, Kevin McCance, Henry & Alison Smith, Diane Alec McNeilly, Ellen Akselrad, Evan Zuhoski, Jerome & Deborah LaPorta, Alfred & Jeanne Connell, William & Suzanne Geoller, Jane Mullen Motors (Mullen Realty) Goggins, William & Donna Buglion, James & Eileen Mohr, Robert & Christopher Zachariadis, Kostas Monaco, Andrew & Ann Yarosh, Frederick; Furlong, Sheila Drumm, Eugene & Evelyn MAILING ADDRESS P.O. BOX 6100 HAUPPAUGE, f4Y 11788~099 5516 5538 5552 5555 5567 5569 5572 5581 5584 5585 5587 5590 5591 5593 5594 5597 5598, 5601 5602 5603 5605 5607 5614 5619 5599 iSecem~ber 29, 2004 SUFFOLK COUNTY PLANNING DEPARTMENT *Alternate relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Zoning Board of Appeals. /& ~ Very truly yours, Thomas Isles Director of Planning Page 2 GGN:cc G:/CCHORNY~.ONING~ZONiNG\WORKING/LD2004~DEC\SD5516.0EC S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMB Ruth D. Oliva, Chairwoman Gerard E Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown,north fork,net BOARD OF APPEALS TOWN OF SOUTHOLD December 2'1,2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZB Ref. No. 5590 Action Requested: Within 500 feet of: New House; Bulkhead Setback Variance ( ) State or County Road ( x ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing/Proposed Village, County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures (631)765-1809 OFFICE OF CONING BOARD OF APPEAL~ 53095 Main Road Southold, NY 11971 Email addresses: Linda. Kowalski(~,Town.Southold.n¥.us- http://southoldtown.northfork-net fax (631) 765-9064 FAX TRANSMISSION_ SUBJECT: ~/~-~-'~ ~ '- E. MES/SAGE: Please find attached?opies for your information. Please feel free to call if you did not receive all sheets between 8-4. DATE: /// ~ /2004 Thank you. Pages a~ached: APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD November 9, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Re.qu ar Mail and Fax Transmission Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZB Ref. 5538 - Variance Determination (47-2-27/Akselrad) Dear Mrs. Mesiano: Supplementing today's faxed copy to you, enclosed please find the variance determination rendered by the Board of Appeals at its October ~', 2004 meeting. A copy was also furnished to the Building Department. You may, however, want to furnish an extra copy of same when submitting any other documents in the next step in the building and zoning review process to the Building Department Thank you. Very truly yours, Enclosure Copy of Decision 11/9/04 to: Building Department Linda Kowalski CATHERTNE MESZANO, TNC. 12 MTLL POND LANE EAST MORZCHES, NY 11940 PHONE/FAX: 631 -878-8951 E-MAZL: CAMesiano~aol TO: LTNDA KOWALSIC~ - ZBA FROM: Catherine Mesiano SUILTECT: AKSELRAD bATE: 9/21/2004 Linda: Enclosed are 7 prints of Aksalr~d's revised plan showing the deck reduced to 10', per the Board's request. Please advise if there is any additional information neceSSary. Thank you, Cathy l'erraSeI~;er Image Courtesy of the USGS Page 1 of l Back lo Te' aServe C:Pa'~g~ Go j!x7 Print Size Slow Grid L i~es Ci~ange to ~o 'l:~ knage courtesy of the U.S. Geological Sun~xey http://te~aserver~micr~s~.c~rc~printimage~aspx?T~ ~ &S~ ~ ~&X=36~& Y~2276 ~ &Z- ~ ~&P:~.~ 5/11/04 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): ~'V~,~/ A8 $~l. ~,.b t ~/,,~A~ ,,V'~" /~A/,6~', I. Ifbnildlng is existing and alterations/additions/renovations are proposed: /~'/,~1 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: Square footage: Ifa sign is proposed, please: ~t/,~- A. Give dimensions of existing sign with photograph or sketch with details. B. Give dimensions of new sign. C. Is the new sign replacing an existing sign? Yes No . If so, please explain: II. Ifland is vacant: $e¢ J~/..~v~ Please give dimensions and overall square footage of new constmctinn: Dimension/size: Square footage:_ Height:_ III. 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 c 7/02 JUL 2 8 2004 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? ~ Yes t~ No Are there any proposals to change or alter land contours? LJ Yes '~No 1) Are there any areas that contain wetland grasses? f~ ~} 2) Are the wetland areas shown on the map submitted with this application? ~ ¢ ~ 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 offS'" Town Trustees for its determination of jurisdiction? L/~ .6 Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? I~ O (If not applicable, state 'Wa".) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? f~ 6 PI I~ (If none exist, please state "none".) Do you have any construction taking place at this time concerning your premises? n ~ 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? f~ O if yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel and proposed nse 61~l~ ~e~*l.~ Au~orized Signature and Date Re~ CONSENT 1355 Shore Avenue, Greenport, New York SCTM # 1000-47-2-27 We, Suzanne & Edmond Thomas, residing at 41 Knollwood Drive, Tinton Falls, NJ, the owners of the above referenced property, consent to our contract vendee, Evan Akselrad, and his representative, Catherine Mesiano, Inc., or either of them, to make applications necessary for the approval of construction of a single family residence, including but not limited to the New York State Department of Environmental Conservation, Suffolk County Department of Health Services and the Town of Southold Board of Trustees, Zoning Board of Appeals and Building Department, and all matters relating thereto. Dated.~9,~ ~.¢ ,200~ PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1 APPLICANT / SPONSOR APPENDIX C STATE ENVIRONMENTAL QUALITY SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 3 PROJECT LOCATION 2 PROJECT NAME Counb/ 4 I~Cl.~ LOCATION S~e~t Addess and Road Intersecbons, Prominent landmarks erg -or provide map 5. IS PROPOSED ACTION: [] New I~Expansion []Modification/alteration 6 DESCRIBE PROJECT BRIEFLY 7 AMOUNT OF LAND AFFECTED Initially . ~> acres Ultimately ..~ acres 8 V%qLL PROPOSED ACTION COMPLY W1TH EXISTING ZONING OR OTHER RESTRICTIONS? ~lYes [] No If no. descdbe bdefly: 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply) J-'~Residential E~lndustrial r----JCommercial ~JAgriculture E~ Park / Forest / Open Space E~]Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Lo~al) E~]Yes [~]No d yes, lisl agency name and permit / approval: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? J~Yes [~]No If yes. list agency name and permit / approval 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sp nsor Name If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 12, 2004 TO: Catherine Mesiano (A/C Thomas/Anavi/Akselrad) 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated April 1, 2004 For permit to construct a new single family dwelling at Location of property 1355 Shore Drive, Greenport, NY County Tax Map No. 1000 - Section 47 Block2 Is returned herewith and disapproved on the following grounds: Lot 27 The proposed construction, on this non-conforming 14,984 square foot parcel, located within the Residential R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." Following the proposed construction, the single-family dwelling will be setback +/- 43.7 feet from the existing bulkhead. In addition, the proposed construction is not permitted pursuant to Article II Section 100-25 which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." The subject parcel (38-3-13) has merged with 38-3-12, 38-3-26, & 38-3-14. Total lot coverage will be +/- 18.8 percent. Authorized Signature · TOWN DF SOUTHOLD BU~.~ING DEPARTMENT * TOWN HALL 'SOUTHOLD~ NY 119/1 TEL: (631) 76~-1~02 www. norlhforKnet/Sou~old/ eEmTno. B~DINO'P~ APPLICATION CHEcKLIsT Do you have or need the following, before applying? Board pf Healffl 4 sets of Building Plans Survey. Check S~ptic Form N.Y.S.D.E.C. Tmstees ~ · .=o / J./' - E. MORICHES, NY. 11940.1 22 ~PLICA~ON FGR B~LD~G PE~T ~S~U~ONS ,: a. ~ ~ ~ST ~ ~pl~e~ fill~ ~ ~ ~ or ~ ~ ~ ~ ~ ~ B~g ~ ~ 3~ ~ ~pl~% ~ plot p~ to sc~e. F~ ~ m ~e. b. ~ p~ ~g ~ ~iot ~ of ~din~ ~ p~,~ re~o~ m ~j~n~g ~ ~ public ~ ~ c. ~e w~ ~v~ ~ ~s ~pH~fion ~y n~ ~ ~m~ ~f~e ~ of ~g Pe~C ~ ~ k~ ~ ~ p.~i~s ~ for ~on ~ ~ wo&. e. No b~ing ~ ~ ~pi~ or u~ ~ whole or ~ pm f~y p~ w~ ~ ev~ ~ &e ~ ~ . f. Ev~ ~ ~t ~ e~ ~e w~ ~ ~ n~ ~ ~ 12 m~ ~ o~ ~ ~ ~ n~ ~ ~mpl~ ~ 18 mo~ ~m ~h ~. ~ no ~g ~ ~ ~ ~ . . ~PUC~ON I~ ~BY ~E ~ ~ B~di-s ~nt for ~ ~ ~a B~s P~t ~-- ,o ~ , ~ . ':- ~ ~ of~t)~/~ (~ ~ ~mr~l orlon) If ~pli~t is a ~o~ si~e of d~ ~ Builders License No. Plumbers License No. El~icians License No. Olher Trade'$ License No. 1. Location oflafld on w~_'ch'proposed~w.ork will be done: House Number Street Hamlet County Tax Map No. 1000 Section 4 7 Block ~-- ' Subdivision Filed IVtap No. (name) Lot ~' 7 State existing use and occopancv,~f premises and intend,ed use and oconpqi~lI of proposed consmlc~on:, b. Intended use m~d occupancy ' ' ~ Nature of work (check which applicable): New Building X Addition Alterati°n Repair Removal Demolition Other Work Estimated Cost ff dwelling, number of dwelling units If garage, number of cars, ~,. F~ (To be paid on filing lifts application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. ,-~ 7. Dimensions of existing stm~: Front Height Numbe~ of Stories Rear Dq h Dimensions of sa~e with alterations or additions: Front Depth -'Height. Number of Stodes 8. Dimmsionsofan~renewconstmcaon:Front ~ ~ ~ ~i ~ ' Height Number of Stories. e~ 9. Size oflot: Front /(~)(3 '~ 10. Date of Purchase~Name of Former Owner 11. Zone or use district in which premises are situated ~ Rear 12. Does proposed construction violate any zoning law, ordmanco or regulation? YES ~ NO__ 13. Will lot be re-graded? YES NO ~ Wil[excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises"T'~ ~ t'Y~ ~.~ Address Phone No. Name of Architect ~/~I~-~L ~ ~l)Address Phone No ~ Name of c°ntr~or Address ~ Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freSh~.~ater wedand? '~'ES NO X * IF YES, soUTHoLD TOWN TRUSTEES & D.E.C,,PER-MIT~ ?AAY~BE REQUI~D. b. Is this property within 300 feet of a tidal wetland? ~ YES ~ NO ; * IF YES, D.E.C. PERMITS MAY BE REQUIRED. ~ 16. Provide surv~, to scale, with accurate foundation plan and distances to property lines. 17. ff elevation at any point on property is at 10 feet or below, must provide topographical data on STATE OF NEW YORK) , ~ SS: (l~.C~ ~ (L~ ~ ~_ ~ ~_.5 ~ ~ ~ 0 ~ ~ ~o~ ~ ~d ~s ~ (s)he ~ ~e ~p~t ~ of ~d~ ~ing ~O ~ve ~, of said owner or owners, and is duly ~mthorized to perform or have performed thc said work and to make and file this appUcafion; lhat all ~t,-mcnts c~ataincd in Ibis applic~inn ar~ true to fl~e best of his Im~wledge ami b~liel~ and that the work wffibc performed in the roamer set forth in l~c application filed fltercwith. Sworn to before mc this ~ day of ~ 20 // /./ ~-/'/ Not~ l~blic /? ~ g~aturc of Applicant ANNE W. HILL Notary Public, State of New YOI~ No: 01H15103497 . Qualifiedin Suffolk Coun~ ~om. missi0n Expires Dec. 29,2007 TerraServer lmage Courtesy of the USGS Page 1 of l /r t994 htt~ ://terraserver micr~s~c~nv'printimage aspx ?T~ ~ &S= ~ ~&X~36~& Y=22 7 6 ~ &Z= ~ 8& W". 5/11/04 JUL ,~ 8 2004 Se~ 16 ~3 09:35s ~ioes 1-~0B-S068 TOrN SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD. N.Y. 11971 CEETIFICATE OF OCCUPANCY Daco ................. ,19. .. This CERTIFIES that the Log Vacant Location of Property 1355 Shore Dr. Greenport Eouse ~ Street ~t~Let County T~ Map ~. Section... 04~ .... ~l~k.. 02 ~t. 027 S ~a~ ~ < Green~rt shores .... Filed Nap t. 1759 ~t ~.~. .... co~o~ ~ubstanttally to the applicable pr~l~lo~s of ~he Zon~g Code of the I~ of Souchold. ~e prmises ara located in the A-Resid~tial- lqricultural Zoned District and ~y be used for such uses as are all of the require~n~s of the Zoning ~de. *Action by Z.B.A. on 7/26/79, Appeal ~ 2564. Grandfathered by Planning ~ard 9/~3/80. SAYBGH, ~RY The certificate is issued to ........................................ of tho aforesaid lot. Building Inspector gev 1/85 ^~pe~No. 2564 Dated June 25, 1979 ACTION OF THE ZONING BO^~(D OF APPEAL~ 05' THE TOWN OF SOUTHOI~ T. Mary Sayegh 515 Shore Drive Greenport, New York 11944 ¢ ) DATE..~.~.~ .~ ._~..0., 1979 ............... of the Zoning: OrdLt~ance and the decision o! the BuUdin~ I~specbr ( ) be revered ( ) be ~J~m~ b~mu~ 8;05 P.M. (D.S.T.) UpOn application of Mary Sayeqh, 515 Shore Drive, Greenport, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenport, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris. SEE ~EVEP. S E SEE REVERSE SEE REVERSE After investigation a~d inspection the Board finds that the appli- cant ia the owner of a vacant lot on Pipes Cove, Greenport, New York, which is presently merged to her house lot. The applicant wi~hes to divide this lot from thc house property in order to build a dwelling for herself. The newly created lot will conform in size to th6 other lots in the neighborhood and ia some instances will be larger. The Boar~ agrees with the reasoning of the applicant. on motion of Mr. Tuthill, seconded by Mr. Grigonls, it was ~JESOLVED, that Mary sayegh, 515 shore Drive, Greenport, New York, he GRA~TED permission to divide property with insufficient width and arc~. Location of property: shore Drive~ Greenp~rt New Y~rk, bounded on the aorth by shore Drive; east by chasko; south by pipes Cove; west by Morris, upon the following conditions: (1) Board of Health approval for the sewerage systems. (2) Approval of the suffolk County Planning commission- Vote of the Board: AyeS: Messrs: Douglass, Grigo~is, Doyen and Tuthill. RECEIVED AND FILED BY Town CIs~I~ Town ot Southold ¸58' TEST HOLE DATA McDONALD OEOSClENCE FEB. 6, 2004 DARK 0ROWN CLAYEY LOAM BROWN CLAY WATER IN BROWN CLAY 47.0 IN BROWN FINE TO 53.0 AUG 1 6 2004 PROPOSED LOT COVERAGE: HOUSE & GARAGE = 1,800 S,F. OR 1.t.6 DECK = 684 S,F, OR 5,2 % TOTAL = 2,484 S,F, OR 18.8 ~EPTIC for: EVAN AKSELRAD YASMINE D. ANA VI Lot 18 & I9 "Creenport Shores, Section 1" At Greenport Town of Sot~thold Suffolk County, New York S.C.T,M.: 1000-047.00- 02.00-027.000 30 0 30 SCALE: NOTES: 1. 2, .1. AREA = 1,.3,262 S.F. · = MONUMENT FOUND, A = STAKE FOUND, A = LATH SET. SUBOIV1SION MAP "GREENPORT SHORES, SECTION 1" FILEO IN THE OFFICE OF 11-1E CLERK OF SUFFOLK COUNTY ON JUNE 29, 1950 AS FILE NO. 1759. ZONING USE OISTRICT= R-40 0 YAROS OF FILL REQUIRED THIS PARCEL IS W1THIN FIRM BOUNDARY ZONE AE(EL 8) & ZONE X AS SHOWN ON FIRM BOUNDARY MAP NO. 36105C0159 G LAST DATEO MAY 04, 1998. APR. 7, 2004 L~THS[TrORD.EC MAR. 50, 2004 ,~E~OEO PROP. SII~UCI1JRE MAR. 19, 2004 ~DED mEES & D~LUNC OATE: FEB. 19, 2004 JOB NO: 2004-053 JUL 2 8 ZOO4 CERTIFIED TO: EVAN AKSELRAD YASMINE O. ANAVl DAVID H. FOX N.Y.S.L.S. #50234 FOX LAND SURVEYING PO BOX 224 SPEONK, N.Y. 11972 (631) 325-2902 OW(;: 2004-053 { LJ FAX NO. ~ 6~1-878-8951 zl. 19 2004 OI:29PM P~ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold'$' Code of F:thi~s omhib~s conflids of interest on the ~ of town office~ and emr~wees. The ~u _l]0~e.. _ of this form is to provide infon~aflon which can ~Jed the to~n of pos~ble conflicts of interest and allow it to take whatever addon is necessary to avoid aam~ YOUR NAME: EVAN AKSELRAD NATURE OF APPLICATION: (Check all that apply.) Tm( g~evance Variance. Change of zone Approval of plat Exemp6on from pJat Or ~ai map Other (If "Other," ~ the actNIty) Do you pemonadly (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee (~ the Town of Southo~d? "Relation.ship" includes by b~ood, mamage, or busirte~$ interest. 'Business interest" means a business, including a partnership, in which the town offic~ o~ employee has even a partial ownership of (or employment by) a corporation in v~tich the tOWn officer or employee o~ms more than 5% of the shares_ YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated_ Name of pemo~ eml31oyed by the To~ of $outhold T~e or po~it~on of that pexson De~cdb~ the relationship betweerl yourself (the applicant) and the tovm offi=er or Either ch~ck th~ appropriate line A) through D) and/or des~ibe in the space provided. The tovm officer or employee or his or her spouse, sibling, parent or child is (check ail that apply): A) the owner of greater than 5% of the sharea of the corporate stock ofthe applicant (when the applicant is a corporation); .,, B) the legal o~ be~f~clal o~mer of any interest in a noncorpomte emily (when i~e applicartt is not a corporation): ,, C) an officer, dire~or, par'mm', or employee of the applic;~t; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP SubmJJtlKIJllj~ ~_~JaYof '"'JV(~'"(t 2004 Print name EVAN AKSELRAD CATHERINE MESIANO, INC. Licensed Real Estate Broker Real Estate Consultant August 10,2004 Ruth Oliva, Chairwoman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Evan Akselrad 1355 Shore Ddve, Greenport SCTM # 1000-47-2-27 AUG 1 6 2004 Dear Mrs. Oliva: I am the agent for the above referenced applicant who is seeking relief from Article XXIII Section 100-239.4B of the Southold Tow~ Code. The subject site is a .3 acre waterfront lot located at the south side of Shore Drive in Greenport. The property is zoned R-40. The subject premises is a vacant waterfront parcel upon which the applicant proposes to construct a 30' x 62' two-story single family dwelling and attached garage, approximately 504 sq.ft, deck, pervious ddveway and on-site sewage disposal system. The proposed dwelling is setback 43' from the existing bulkhead at its nearest point. The septic system is setback 100' from the bulkhead/Al-NV. The Board of Appeals granted a waiver of merger on August 16, 1979 and a "Vacant Land C.O." wes issued June 14, 1985. Please note that the Vacant Land C.O references the Z.B.A. decision as well as the lot being "Grandfathered by Planning Board 9/13/80". Enclosed please find the seven copies of the following: 1. Notice of Disapproval dated Apd112, 2004 and amended 8/2/2004. 2. Building Permit application dated March 31, 2004. 3. Vadance Application. 4. Owner's AuthodzatJon. 5. Z.B.A. Questionnaire. 6. Project Description 7. Transactional Disclosure Form. 8. Survey prepared by Fox Land Surveying 9. Board of Appeals decision of August 16, 1979 (Appeal # 2564) 10. Vacant Land C.O. # Z13522 dated 6/14/85 11. Elevations of proposed dwelling. Also enclosed is Mr. Akselrad's check in the amount of $400 for the application fee. Kindly schedule this matter for the Board's eadiest available headng date. Thank you for your attention to this matter. ~'athedne Mesiano · President Enclosures 12 Mill Pond Lane ,, East Moriches, New York 11940 · 631.878.8951 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 19, 2004 Zoning Appeal No. 5590 Transmitted herewith is Zoning Appeals No. 5590 - Evan Akselrad, contract vendee on behalf of Snzanne and Edmond Thomas - Zoning Board of Appeals application for variance. Also included is Notice of Disapproval dated April 12, 2004 amended August 2, 2004; letter from Catherine Mesiano dated August 10, 2004 regarding enclosures; Application to the Zoning Board of Appeals (two pages); Area Variance reasons (two pages); Reasons for use variance; Project description; Zoning Board of Appeals questionnaire; letter authorizing Catherine Mesiano and Evan Akselrad to act on behalf of Suzanne and Edmond Thomas; Short Environmental Assessment form; Notice of Disapproval dated April 12, 2004; Building permit application dated March 31, 2004; one black and white aerial photo; copy Suffolk County tax map; Certificate of Occupancy dated June 14, 1985; Action of the Zoning Board of Appeals dated August 10, 1979; copy of survey; four pages of black and white drawings and transactional disclosure form. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/18/04 Transaction(s): Application Fees Receipt#: 1331 Subtotal $400.00 Check#: 1331 Total Paid: $400.00 Name: Akselrad, Evan 1355 Shore Drive Greenport, NY 11944 Clerk ID: BONNIED Internal ID: 99692 / / / / / / / / .5B' EL=13.0 EL=3,4 TEST HOLE DATA McDONALD GEOSCIENCE FEB. 6, 2004 0.0 DARK BROWN CLAYEY LOAM 1.0 BROWN CLAY 9.6 WATER ~N BROWN CLAY 4,7.0 WATER IN BROWN FINE TO COARSE SAND 53,0 Survey for: EVAN AKSELRAD & YASMINE D. ANAVI Lot "Gree~.port Shores, Sectio*~ t" At Greenpor~ Town of Southold Suffolk County, New York S.C.T.M.: 100D-047.00-02.00-027.000 30 0 30 SCALE: 1"=50' NOTES: 1. AREA = 1.3,262 2. · = MONUMENT FOUND, ,~ = STAKE FOUND. .3. SUBDIVISION MAP "GREENPORT SHORES, SECTION 1" FILEO IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 29, 1950 AS FILE NO. 1759. 4. ZONING USE DISTRICT -- R-40 5. 0 YARDS OF FILL REQUIRED & THIS PARCEL IS ~THIN FIRM BOUNDARY ZONE AR(EL 8) & ZONE X AS SHOWN ON FIRM f~' ' ~ BOUNDARY MAP NO. 36103C0159 G LAST DATED .---~ ~. ~MAY 04, 1998. ~' / MAR. 19 2004 PROPOSED LOT COVERAGE: ~ *0~:o TR~S & DW[LLING ' DATE: FEB, 19, 2004 HOUSE & GARAGE = 1,800 S.F. OR 13,6 ~ / JOB NO: 2004-05.3 DECK = 684 S.F. OR 5.2 % / ~TOTAL = 2,484 S,F. OR 18.8~./~/ GRC(JND WAIER TANK CERTIFIED TO: EVAN AKSELRAD YASMINE D. ANAVI OAVID H, FOX N.Y,S.L.S, #50234 FOX LAND SURVEYING PO BOX 224 SPEONK, N,Y, 11972 (651) .325-2902 DWG: 2004-055 FORM NO. 3 OF' 'OUThOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Catherine Mesiano (A/C Thomas/Anavi/Akselrad) 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated April 1, 2004 For permit to construct a new single family dwelling at Location of property 1355 Shore Drive, Greenport, NY RECEIVED APR 1 4 2004 ZONING BOARD OF APPEALS County Tax Map No. 1000 Section 4_27 Block2 Lot 27 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 14,984 square foot parcel, located within the Residential R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B, which states; "All buildings located on lots upon which a bnlkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." Following the proposed construction, the single-family dwelling will be setback +/- 43.7 feet from the existing bulkhead. In addition, the proposed construction is not permitted pursuant to Article II Section 100-25 which statesk "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." The subject parcel (38-3-13) has merged with 38-3-12, 38-3-26, & 38-3-14. Total Author r~ll be +/- 18.8 percent. :ed Signature Note to Applicant: Any change or deviation to tl,~e abov£ referenced application, further review by the Southold Town Building Department. may require Cc: File, ZBA aCT]ON o~ Ta~ zoN~e ~oam~ ~F a~P~ Appe~Na. 2564 Da~ June 25, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mar~ S~yegh 515 Shore Drive Greenport, New York 11944 a~ameetl~c~theZonl~Boa~dofAppealsou July 26, 1979 ( ) ................ cf *i~e Zon.tag Ora~-~e~ ancl the decision o~ the Building Iv.spector ( ) be reversed ( ) be ~bm~ b~m=~ 8:05 P.M. (D.S.T.) Upon application of Mary Sayegh, 515 Shore Drive, Greenport, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk parking Schedule fo~ permiesion to divide property with insufficient width.and area. Location of property: Shore Drive, Greenport, New York, bounded on the north by Shore Drive; east by Chasko; south hy Pipes Cove; west by Morris. SEE REVERSE SEE REVERSE SEE REVERSE APPROVED After investigation and inspection the Board finds that the appli- cant is the owner of a vacant lot on Pipes Cove, Greenport~ New York, which is presently merged to her house lot. The applican~ wi§hes to divide this lot from the house property in order to build a dwelling for herself. The newly created lot will conform in size to the othe~ lots in the neighborhood and in some instances will be larger. The Board agrees with the reasoning of the applicant. On motion of Mr. Tuthill, seconded by Mr. Grigonis, it was RESOLVEDt that Mary Sayegh, 515 Shore Drive, Greenport, New York, be GRA~TED permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenpor~, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris, upon the following conditions: (1) Board of Health approval for the sewerage systems. (2) Approval of the Suffolk County Planning Co~ission. Vote of the Board: Ayes: Messrs: Douglass, Grigon~st Doyen and Tuthill. P~CEU;ED AND FILED BY THE SOUl. OLD TOWN CLERK DATE t*/~:>/,~,~ Town Clerk, Tow. of LEGkL NOTICE~ NOTICE OF HEARINGS ~ursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, publie hearings will be held by the Zoning Board of Appeals at the To~n Hall, Main Road, Southold, New York, Thursday, July 26, 1979, on the following appeals: 7:30 P.M. (D.S.T.) Upon application of Goldsmith & T~thill, Inc., 1560 Youngs Avenue, Sou%hold, New York, for a special ex- ception to the Zoning Ordinance, Article IX, Section 100-90A for permission to relocate a 20,000 gallon fuel oil tank on property on Youngs Avenue, Southold, New York..LocatioN'of property,. Youngs Avenue, Southold, New York, bounded on the north by AgWay, thC.; east by Youngs Avenue; south by Long Island Railroad; west by AgWay, Ine. 7:45 P.M. (D.S.T.) Upon application of Carol Lounsberry, 191 Martell Avenue, Islip, New York (Dickinson Realty, as agent), for a variance to the Zoning Ordinance, Article III, Section 100- 31 and Bulk Parking Schedule for permission to divide proper~y with insufficient width and area. Location of property: East side of North Sea D~ive, Southold, New York, bounded on the north by Boyle and Stcll; east by Sound View Avenue; south by Dews and Palmer; west by North Sea Drive. 7:55 P.M. (D.S.T) Upon application of Louis V. Cartelli, la-04 146th Street, Whitestoae, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission ro divide property with insufficient width and area. Location of property: Kenney's Road, Southold New York, bounded on the north by Central Drive; east by Kenney's Road; south by Lake Drive; west by Dechiaro. Legal Notice o~ ng -2- '~ ~ July S:05 P.M. (D.S.T.) Upon application ~f Mary M. Sayegh, 515 Shore Drive, ~reenporr, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenport, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes COve; w~st~by Morris. 8:15 P.M. (D.S.T.) Upon application cf Doretta Trainor, 117 Villa Place, Roslyn ~elghts, New York, for a variance to t~e Zoning Ordinance, Article III, Section 100-32 for permission to eonstrue~ an accessory buildingin the front yard area. Location of property: West Shore Drive, Sonthold, New York, bounded on the north by Southold Bay; east by Krueger; south by West Shore Drive; west by Kolyer. 8:30 P.M. (D.S.T.) Upon application of Bruce A. Norris, cio Charles A. Price, III, P.O. BOX 237, Mattituck, New York, (Richard F. Lark, Esq.) for a variance to the Zoning Ordinance, Article ~II, Section 100-71 and Bulk Parking Schedule for permission to divide property with insufficient width and area. Location of property: NOrthwest corner of Love La~e and Sound AVenue, Mattituck, New York, bounded on the north by Barker and North Fork Bank & Trust Company; east by Love Lane; south by Sound Avenue; west by Matti- tuck Episcopal Church. 8:50 P.M. (D.S.T.) Upon application of M. A. Kelsey Properties, Inc., P~ O. BOX 983, Southold, New Yerk (Richard F. Lark, Esq.) for a variance to the Zoning Ordinance, Article VII, Section 100- 71 and Bulk Parking Schedule for permission to divide property with insufficient width and area and off-street parking. Loca- tion of property: Love Lane and Maln Road, Mattituck, New York, bounded on the north by Barker; east by Mattituck Park District and Stype; south ~y Main Road; west by Love Lane. Dated: July 16, 1979. BY ORDER OF THE SOUTNOLD TOWN Legal No%ice o~~ -3- ~ly 26, 19~ PLEASE PUBLISH ONCE, JULY 19, 1979, and FDRWARD SEVEN (7) AFFI- DAVITS OF PUBLICATION TO: BOARD OF APPF~LS, TOWN OF EOUTHOLD, MAIN ROAD, SOUTHOLD, NEW YORK 11971, BEFORE JULY 26, 1979. COPIES MAILED TO THE FOLLOWING ON JULY 16, 1979: Goldsmith & Tuthill, Inc. Dickinson Realty, Inc. a/c Carol Lounsberry Mary M. Sayegh Doretta Trainer Richard F. Lark, Esq. a/c Bruoe A~ Norris Richard F. ..Lark, Esq. a~ M. A. Kelsey Properties, Inc. TOWN OF $OUTHObD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y, NOTICE OF DISAPPROVAL ........................ ~.~.~ ................... PLE/~SE TAKE NOTICE tN~t your ~pplic=ti~ dm~ .................................................... ~o~ ~=,, ~ ~ ~.~.?.E..,.e...~Z......~ ~ ~, ~,~ o~ .................................... ..................... ~ ~.~.~ .......~J,K~ ....... s~ ~[ N~T ....................... ~ ................. ~..~ ............... Lot ............................................... is returned herewilh and disappr~ on the tollo~ng grounds -..~..~..~.~.~.~,,(~.~,~.~ ................. .x~.~.~ ........ %....~.L.~.~.~ ......... .~b~.....~ ......... L~.q.z.?......~.~.%...~.~ .... .~...~.~.,.~..~......x[.~.u.~.~..e~.~.r~ ...................................................................................... TOWN OF 510UTHOJ~D, NEW YORK · APPEAL FROM DECISION OF BUILDING INSPECTOR ~ APPEAL NO. TO THE ZONING BOAI~D OF APPEALS, TOWN OF SOUTNOCD, N. Y. .~ ~ ~ ~ ~'~ ~ . ~. ~ ~. HEREBY APPEL TO THE ZONING BOARD OF APP~ FROM THE DECISION OF THE ~UI~IN~ I~PE~OR ON WHEREBY THE BUILDING I~PE~OR DENIED TO ................... at ........... '" Munlci~li~ StoteU Strut a~ Number ( ) PERMIT TO USE (~ PERMIT FOR ~CUPANCY ,, Strut U~ District on Zoning Map Map No. ~t No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) · U /- u 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning. Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap, 62 Cons. Laws Arr. 16 Sec. 280A 5ubsectlon 3 4. PREVIOUS APPEAL A previcus appeal (~i~) (ho~ not) been mode with respect to this decision of the Building Inspector or with respect to this pr0perl¥. ~uch appeal was ( ) request ~or ~ speci~l permit ( ) request for ~ v~rlonce and was mode in Appeal No ................................. I~ted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (~ ~, Variance to the Zoning Ordinance ( ) is requested for the reo~son that (Continue on other side) R~SON FOR APPEL C~-~tinuecl I. STRICT APPLICA'rION OF THE ORDINANCE would produce practical difficulties or unneces- 2. The hardship created is UNIQUE end is not shored by ~ll properties alike in the immediate vicinity of this property and in this use district because ~ ~ ~ Variance would observe the spirit.of the Ordinance and WOULD NOT CHANGE THE COUNTY Sworn to this ............. ~'~ .................. doy of ................ ~..~ .................... Notary Public TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 76~9~02 www. nor~ork, ne~SouthoM/ Expiration ~ ,20 PERMIT NO. APPLICATION FOR BUILDING PERMIT INSTRUCTIONS A. mcAnO c. ECI%s Do you have or need the following, before applying7 Board 9f Health , 4 sets of Building Plans Check N.Y.S.D.E.C. Trustees Contact: : FOND: NE ' ' E, MOfllCHES, NY 11940,1222 a. ~ application MUST be completely/'died in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plan% accurate plot plan to seale. Fee accordi.g to S6beddie. b. Plot pilm showing location of lot and of buildings on p~mises, relationship to adjoining premises or public streets or c. The work covered by lifts application may not be commenced before issuance of Building Permit. d. Upon approval of this appEcation, the Build/ns ~ will issue a Buikliag permit to the applica~ Suc, h a p~mit shall be kept on fl~ premises available for inspection fluonghont the world. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector f. Eve~ building permit sludl expire if the work anthorized has not commenced wiflfin 12 months after the! ~4~,~:_- of izstumc, e or has not been completed witifin 18 months from such d _~.~ If no zoning amendments Or other reguhtio~ affecting the APPLICATION IS HEREBY MADE to the Building D~mmnant for the issuance of a Building Permit pursuant to the B~MmS Zo~ Ora~,,ee Of ~ Town of Sonthold, Suffolk ~,y, hies Y0rk mi ~ app~ble Lm~ Or~,~eesor in ins on,. : .' j ~ppii~)Mytt. E~ '~! D - (Iv{Mliqg address of State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~dmo~J ~ ,~O.l[tLnetm¢ (As on lh~ tax roil or la~ d~l) If applic~t is · corporation, signam~ of duly authorized (Name~d titl~ of corpo~t~ office) Builders License No. Plumb~s License No. El~--tricia~ License No. . Olh~ Trade°s License No. 1. Lo~jon oflafld on wbi_'ch proposed~work will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Name) Block ~--- ' Lot ~' 7 Filed Map No. Lot 2. State ex~sting use and occupancy ~i~'emises and intend.ed use and occupancy~'kproposed constru~on:. ~ & Existing use and occupan .c~ V' d. ~./i,o1.~ ~ b. Intended use and occupancy , ' 3. Nature of work (check whict~ applicable): New Building X Repair, Removal Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars, ~ Addition Alteration Other Work (r cr on) (To be paid on filing Ibis application) Number of dwelling units on each floor 6. ff business, commercial or mixed occupancy, specify nature and extent of each type of use. '-~ 7. Dimensions of existing ~: Front Rear .Depth Height , Numbe~ of Stodes Dimensions of sa~ with alterations or additions: Front Depth. q=leight Number of Stories g. DimensiousofentirenewconstmCfio6!Front:~' & ,9, ' Rear · Height Number of Stodes 9. Sizeoflot: Front ]~t~ ' t 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, o~dinanee or regulation? YES ~ NO Rear D~th ~O' 13. Will lot be re-graded? YES NO ~ Will excessfill beremoved from premises? YES__ 14. Names of Owner of premises"~ 0 t~ ~.5 Address Phone No. Name of Architect /OC K5 gL ~ ~- b AddreSs Phone No Name of ContraCtOr - Address '" phone No. NO 15 a~ Is thi~ property within 100 feet of a tidal wetland or :~ freshwater we~lan~ *YES~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C, PERMITS MAY BE REQUIRED. b. Is this property within 300 fee~ of a tidal wedand? * YES ~ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide surve/y, 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 ~ sTATE OF NEW YORK) ~ ~ SS (Name ofi~iduat si~inS conm~ct) above ~, ~x (Contract, A~ ~ omcer, ~.) of said owner or owne~, and is duly ~utho~d ~o p~fonn or have i~formed the ~id work ~nd Io m~ke and f'd~ Ibis applic~ion; Sworn to before mc this NoU~y l~blie ANNE W. HlU. Qualified in S~lk C0urltv Con)mission Expires Dec. 29,2007 ~' July 19, 2004 Ruth Oliva, Chairwoman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: ATHERINE [ESIANO Licensed Real Estate Broker Real Estate Consultant Evan Akselrad 1355 Shore Drive, Greenport SCTM # 1000-47-2-27 Dear Mrs. Oliva: I am the agent for the above referenced applicant who is seeking relief from Article XXIII Section 100-2394B and Article II Section 100-25 of the Southold Town Code. The subject site is a .3 acre waterfront lot located at the south side of Shore Drive in Greenport. The property is zoned R-40. The subject premi__~e~_ is a vacant waterfront parcel upon which the applicant proposes to construct a 30' x 62' two-story single family dwelling and attached garage, approximateJy 504 sq.ff, deck, pervious driveway and on-site sewage disposal system. The proposed dwelling is setback 48' from the existing bulkhead at its nearest point. The septic system is setback 100' from the bulkhead/AHVV. The Board of Appeals granted a waive' of merger on August 16, 1979 and a "Vacant Land C.O." was issued June 14, 1985. Please note that the Vacant Land C.O references the Z.B.A. decision as well as the lot being 'Grandfathered by Planning Board 9/13/80". Enclosed please find the seven copies of the following: 1. Notice of Disapproval dated Apdl 12, 2004. 2. Building Permit application dated March 31, 2004. 3. Vadance Application. 4. Owner's Authorization. 5. Z.B.A. Questionnaire. 6. Project Description 7. Transactional Disclosure Form. 8. Survey prepared by Fox Land Surveying 9. Board of Appeals decision otAugust 16, 1979 (Appeal#2564) 10. Vacant Land C.O. # Z13522 dated 6/14/85 11. Elevations of proposed dwelling. Also enclosed is Mr. Akselrad's check in the amount of $400 for the application fee. Kindly schedule this matter for the Board's earliest available headng date. Thank you for your attention to this matter. President Enclosures 12 Mill Pond Lane · East Moriches, New York 11940 · 631.878.8951 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $_ Office Notes: -- Filed By:. For Office U~e Only D~te A~ign~d/A~ameot No. Parcel Location: House No. I ~)5~ Street~ F4Og ¢ 1)~ * V E Hamlet SCTM 1000 Sectiond~' 7 Block "q Lot(s)~.~Lot Size. Zone District R' 4~ I (V~E) APPEaAIt THEtWRIT. TEN DETERMINATION OF THE BUILDING INSPECTOR DATED: '~/]~.. / O ~' Mailing Address: ! q ,,'71~,~ NOTE: If applicant f~ not the owner, Mate ff applicant is owner's attorney, agm~ architect, bu0der, contract vendee, etc. Authorized Representative: Address: Telephone: 4, $/- ??.~' oo ~.5/ Please specify who you wish correspondence to be mailed to, from the above listed names: E] Applicant/Owner(s) ~i~Authorized Representative [] Other: Y THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~ Building Permit [3 Certificate of Occupancy [] Pre-Certificate of Occupancy BARBARA B. DA/'- 1465 Shore Drive Greeoport, NY 11944 September 10, 2004 Southold Town Board of Appeals Town Hall 53095 Main Road Southold, New York 11971-0959 Re: 1355 Shore Drive To the Town BOard of Appeals: My husband, Joseph Dai, and I are the Our neighbors of the property of 1355 Shore Drive. property adjoins the property under appeal on the West side, and we are fully aware of Mr. AkseWad's application before the zoning board. We support Mr. Akselrad's ~-,. -. Yours truly,''ppJ~cat~°n and urge the board to approve it as applied for. OFFICIAL USE ONLY AKSELRAD E (CV FOR THOMAS) 5590 GG NEW HOUSE - BLKHD SB (C. MESIANO) LABEL (4) 1355 SHORE L)I~ (3N~'I 4 f-Z-Z! ~4u 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: ap~m No. 2564 D.~ June 25, 1979 Mary S~yegh 515 Shore Drive Greenport, New York 11944 Aug. 10, 1979 DATE ............ atameet~n~oftheZonk~rdoTAppealsca July 26, 1979 ~m~b~--- 8;05 P.M. (D.S.T.) Upon application of Mary Sayegh, 515 Shore Drive, Greenport, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to ~ivide property with insufficient width.and area. Location of property: Shore Drive, Greenport, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris. SEE P.E~RSE SEE REVERSE (c) The va~e (does) (does not) observe the spirit of the Ordfnance a~d (w~mld) SEE REVERSE (would not} APPROVED After investigation and inspection the Board finds that the appli- Oant is the owner of a vacant lot on Pipes Cove, Greenport; New York, which is presently merged to her house lot. The applicant wi~hes to divide this lot from the house property in order to build a dwelling for herself. The newly created lot will conform in size to the other lots in the neighborhood and in some instances will be larger. The Board agrees with ~he reasoning of the applicant. On motion of Mr. Tuthill, second&d by Mr. Grigonis, it was RESOLVED, that Mary Sayegh, 515 Shore Drive, Greenport, New York, be GRANTED permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenpor~, New York; bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris, upon the following conditions: (1) Board of Health approval for the sewerage systems. (2) Approval of the Suffolk County Planning Co~ission. Vote of the Board: Ayes: Messrs: Douglass, Grigonis, Doyen and Tuthill. P, ECEIVED AND Frr,RD BY THE SOUl, OLD TOWN CLI~K T~ ~r~ To~ ~ ~ ZBA TO TOWN CLERK CHECK AND/OR FILING TRANSMITTAL SHEET DATE: 8/16/04 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 5590 EVAN AKSELRAD 1331 400 TOTAL ~ new application $400 O ZONING BOARD OF APPEA MAILING ADDRESS: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (63!) 765-1809 · . Faxes.,?65.9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue August 20, 2004 Re: Chapter 58 - Public Notice for Tuesday, September 14, 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 AUG 28th: 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 abu~'~ 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 th~ best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by SEPT 3rd: please either mail or deliver to our office your Affidavit of Mailin.q (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 ~EPT. 6th: 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 Postin 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'~t~d Staff NOTICE O F . .H'EARI N G A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning, this property: NAME: EVAN AKSELRAD 5590 MAP #: 47-2-27 APPEAL: SETBACK PROJECT: NEW HOUSE DATE: TUES. SEPT. 14 2004 If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus~ness days between the hours of 8am and 3pm. ZONING BOARD- TOWN OF SOUTHOLD- 765-1809 ,~, FF~P1 ; 52 D~qc, C]N PHO~ NO. : 617 9~8 Joha G. Shack, Jr. Attorney At Law 10 Cc'dar Street, Smtc 18 Wobllrn, Ma.'.Lqac h u.,a.~lts 0180 I Phone (78]) 938-0700 I.'ax (781) 958=6767 &~lllmld '/'Own Board of Appeals Town l.{ail 3:S095 MaZe Road Re: 13~$ Shore Drive JPM CHASE BARBARA B. DAI~ 1465 Shore Drive Greenport, NY 11944 #0613 P.O01/O01 September 10, 2004 $outhold Town Board of Appeals Town Hall 53095 Main Road Southo]d, New York 11971-0959 Re: 1355 Shore Ddve ~ (~.;c~ To the Town Board of Appeals: My husband. Joseph Oai, and I are the neighbors of the property of 1355 Shore Ddve. Our property adjoins the property under appeal on the West side, and we are fully aware of Mr. Akselrad's application before the zoning board. We support Mr. Akselrad'$ application and urge the beard to approve it as applied for. Yours truly, ©0 br FRO~ : C MESIANO INC FAX NO. ~ 651-878-8951 1] ~00~ 10:5?AM P1 SEP ] 3 2004 ZONING BOARD OF APPEALS ]'OWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT OF ~_~ ~t~_~ew York, being duly sworn, depose and say that: / On the "~--.-~ day of~lJ..~,~ , 200'~1 personally mailed at the Unted States Post Office in f~ ~ flf~f(:~.~¢F¢.~ , New York, by CERTIFIED MAIL, RETURN RECEIPT I~,I!:QUE~TED, a true copy of the~ attached Legal Notice in prepaid envelopes addressed to current owners shown .on the current assessmer~t roll verified from the official records on file with the ( ) Asse~'sors,'or County Real Property Office , for every ~)r~perty which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant~:~perty../C~:~.~¢19 //~,/&A~' (Signature)· PLEASE list, on the back of this Affidavit or on e sheet of paper, the ct numbers next to the OWner names and addresses for which notices were mailed. Than~ you. ~FROM : C MESIANO INC FAX NO. 6~1-878-8951 2004 10:58AM P2 UNIT ID: 09~0 Clerk: ~i.~YY ~John & Marie Shackt~'~ /-'~ Wobum, Ma. 01801 Clerk; nj Po~I~ 0.~ UfllT ID-' 09~0 · ter Stackler c/o Mid Island Shopping Plaza ,~,,,525B Broadway Mall t{';.~.: Hicksville, NY 11801 [-"' ~ oooqa+I, l ~m Clerk: