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HomeMy WebLinkAbout5483 C_L - - - -rte- - a- 1/4_(-c(4 A • • • /,iii i stEFOLer --- APPEALS BOARD MEMBERS ,' N® e ® Southold Town Hall Ruth D. Oliva, Chairwoman 01 T" • �� 53095 Main Road Gerard P Goehringer - • y , P.O. Box 1179• Lydia A.Tortora � Southold,NY 11971-0959 Vincent Orlando / Tel. (631) 765-1809 James Dinizio,Jr. ��,10. Fax(631)765-9064 http://southoldtown.northfork.net RECEIVED 0L¢�,-.6 BOARD OF APPEALS /D:00 TOWN OF SOUTHOLD MAR 9 2004 FINDINGS, DELIBERATIONS AND DETERMINATION 4>,j_-,,z ��r MEETING OF MARCH 4, 2004 4outhoW Town Clerk ZBA#5483 -JOHN and JOYCE SAMPIERI Property Location: 1380 Bayberry Road, Cutchogue; CTM#1000-118-2-12. 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 applicants' property consists of 44,615 sq. ft. and is improved by a single-family dwelling and two accessory shed structures, as shown on the July 6, 1996 survey prepared by Peconic Surveyors, P.C., updated September 28, 2003. BASIS OF APPLICATION: Building Department's December 4, 2003, Notice of Disapproval, citing Sections 100-242A and 100-30A.3, in its denial of a building permit application concerning proposed alterations and additions to the existing dwelling at less than 15 ft. on a single side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 26, 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: Applicants wish to construct alterations and second-story to an existing single-family dwelling, as shown on the site plan prepared by Busch Associates last- dated 12/18/03. The second-story addition is 1100+- sq. ft., proposed at 7'11" from the south/east side property line, with a proposed ridge height of 25'7" above grade. The existing shed and concrete pad in this yard area are to be removed; the existing front deck removed and replaced. 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 partial second-story addition will be no closer to the existing side yard. There is substantial spacing, approximately 42 feet, between the applicants' dwelling in the affected side yard area and the nearest neighbor's dwelling. i x , � 4 Page 2—March 4,2004 ZBA#5483—J.and J.Sampieri CTM 1000-118-2-12 at Cutchogue 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance because the applicants wish to build a partial second-story addition over an existing nonconforming setback. Without the variance, the addition would not be possible. 3. The variance granted herein is substantial to the code requirement. However, the second- story addition is over an existing dwelling with a nonconforming side yard setback, and is di minimus in considering all other factors. 4. The alleged difficulty has been self-created. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a partial second-story addition while preserving and protecting the character of the neighborhood and the heath, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all o the above and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Orlando, and duly carried to GRANT the variance as applied for, as shown on the site plan prepared by Busch Associates last-dated 12/18/03. 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, Orlando, and Dinizio. This Resolution was duly adopted (5-0). 8. (93iiix-30, Ruth D. Oliva, Chairwoman 3/8/04 Approved for Filing , PROPOSED 250 CF CAPACITY STORM / k no- WATER LEACHING BASIN. CONNECT TO '� ALL ROOF GUTTERS LEADERS / 1 0 --. -p- i„, _, oQ` / PROPOSED SINGLE STORY, 3 Y2 CAR IP/ / 1 12' GARAGE: REMOVE +/- 65 CU.YD. / \ ' V., 14' \ /II e"1�\ /'� PROPOSED ASPHALT DRIVEWAY 16\ btl,� ,_.,,, 6°F yin 50' [��C}\s+9`0 9 R'0 X10,\\\ 1 ' PROPERTY LINE 14"p ra p e�\_)012.)280: bp\13,.\-- ' �` 6� ` 17 / U) Y I 01/s . 6" / /VI-, / / ( a, 0 )7 • WRAOKOSED COVERED SET BACK LINE \ \ IC)\/' / \ 1 ./ / / \ / \ \ / / • PROPOSED TWO STORY LOT 119 w/ , / / //\ ,/ / ADDITION WITH BASEMENT: ��D / 20 •/ /// l \ � / / REMOVE +/- 116 CU. YD. / / /7 ,.. / r / P LE / �° EXISTING SINGLE STORY / / i PORTION OF DNELLIN 1 // // / 0/ �\/ TO BE REMOVED. / �• • P� / LOT 118 %/EXISTING , BOAT SHED / / / / P¢ / /n 14' 43-, /q111 / 0 EXISTING ASPHALT DRIVEWAY 12'x �✓ / /1�� TO REMAIN 10 $ /" fl`.,�1 �� /y>k� EXISTING NEIGHBORING Vit. ' \ _'-�i�i�)�'� '��,_�7-4i/' LOT 117 GREENHOUSE � _45.i151214 ' 'Y<1 PROPOSED 720 CF CAPACITY STORM WATER LEACHING BASIN. CONNECT TO o ei \ �� = = Oy 8'-68" ALL ROOF GUTTERS LEADERS 9N� \il \aye 1_2A..* �` ==� �— NEIGHBORING DWELLING EXISTING SHED AND CONC. PAD 1111 \ Ilk7._111" TO BE REMOVED ,' % REMOVE EXISTING FRONT DECK $ Q\\ � \ -EPLACE NI H NE yPROPOSED SECOND STORY AREA (+1-1,100 SOFT.). MAXIMUM • _/ PROPOSED RIDGE HEIGHT AT +/- 25'-7" ABOVE GRADE. ,I �4, X 101 1 , 4,7;.9. Tc- ONE STORY DWELLING WITH PROPOSED SF�'o / ADDITION AND PARTIAL SECOND STORY. •� � 9 / EXISTING DECK TO REMAIN I PROPOSED LOCATION OF HAY BALES EXISTING DECK AND PATH EXISTING BULKHEAD EXISTING DOCK ,���Ep RSC '40a on�l,:�( ,,� N ' SITE PLAN \�"f'� O• 0245 Qti SCALE: N.T.S. THE ABOVE SITE PLAN PROPOSAL IS ; PROJECT: SAMPIERI RESIDENCE -. q• LABS RV Y DIGITAL REPLICATE THE B u S c hA s r..pt 1.Le s LOT SURVEY,LAST REVISED DATE #032001 / 4�AD, -/fI9. {"tea SEPTEMBER 28,2003,AS PRODUCED BYPECONICSURVEYORS,P.C. NO. ISSUE/REVISION DATE Architecture • Engineering • Interiors LOT AREA=44,615 SOFT.OR 1 BOARD OF TRUSTEES SUBMISSION 11/20/03 1.02 AC. 2 ZONING BOARD REVIEW 12/18/03 LOT COVERAGE=11.9% ' 88 WEST MAIN STREET 2ND FLOOR ZONE:R-40 BAY SHORE NEW YORK 1 1706 DWG No. MR.&MRS.JOHN SAMPIERI SCALE: 1"=40'.-0" 1380 BAYBERRY ROAD DATE: NOVEMBER 20, 2003 SP-1 CUTCHOGUE,NY 11935 TEL: 631 . 969 . 0900 DRWN.ev.:AB S.C.T.M.:1000-118-02-12 FAX: 631 . 969 . 7956 • LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, FEBRUARY 26,2004 PUBLIC HEARING 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, FEBRUARY 26, 2004, at the time noted below(or as soon thereafter as possible): 10:30 a.m. JOHN and JOYCE SAMPIERI #5483. this is a request for a Variance under Sections 100- 242A and 100-30A.3, based on the Building Department's December 4, 2003 Notice of Disapproval, concerning proposed alterations and additions to the existing dwelling at less than 15 ft. on a single side yard,at 1380 Bayberry Road, Cutchogue; Parcel 1000-118-2-12. 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) 765-1809.1 Dated: January 27, 2004. Board of Appeals Ruth D. Oliva, Chairwoman By Linda Kowalski 1i II 1111. FORM NO. 3 aLA NOTICE OF DISAPPROVAL C� 1_, I' DATE: December 4, 2003 TO: Kevin McLaughlin for John&Joyce Sampieri POBox 1210 Southold,NY 11971 Please take notice that your application dated November 25, 2003 for alterations & additions to an existing single family dwelling at SiS LT Location of property 1380 Bayberry Road, Cutchogue,NY , , County Tax Map No. 1000 - Section 118 Block 2 Lot 12 1 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single family dwelling, on a conforming 44,615 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A which states "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The site plan indicates a side yard setback of 7'feet. The proposed addition/alteration is not permitted pursuant to Article IIIA Section 100-30A.3 which states that conforming R40 lots,require a minimum side yard setback of 15'feet. The relief requested is approx. 8'feet. Total lot coverage is less than 20 percent,. 1.2 ,(--;L_ CIP___ _ Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only 5((?� Date Assigned/Assignment No. J SAMPIERI, JOHN &JOYCE 5483 LT t✓iCA ® � C' ) p(1 V931, ADDNS/ALTS 2ND STY/DECK—SYSB 1380 BAYBERRY RD CUT 118-2-12 R40 Parcel Location: House No, 1380 Street Bayberry Road Hamlet Cutchogue 44,614 sq. ft. SCTM 1000 Section 118 Block 02 Lot(s) 012 Lot Size Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 5, 2003 Y. Applicant/Owner(s): John J. Sampieri and Joyce A. Sampieri Mailing Address: 111 Cherry Valley Avenue, M-19, Garden City, NY 11530 Telephone: (516) 741-5693 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,budder,contract vendee, etc. Authorized Representative: J. Kevin McLaughlin - attorney for owners Address: Winds Way Professional Center, 44210 Rt. 48, PO Box 1210, Southold, NY 11971 Telephone: (631) 765-6085 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) ® Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: )P5 Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction • 0 Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100- 242 Subsection A Type of Appeal. An Appeal is made for: MA Variance to the Zoning Code or Zoning Map. 0 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 0 has)has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application \Vk.°: A Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change Will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: owners are simply requesting a variance:to add a second storny addition to an existing 1-story residence, which does not meet the 15' sideyard setback. The second 'story addition will be no closer to the property line than the existing 1-story residence. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because:the existing 1-story residence isl already located approximately 7' from the property line and the second story addition will not be any closer to the property, line. (3) The amount of relief requested is not substantial because:while the relief requested is•approxi= mately 8', there is an existing 1-story residence located approximately 7' from the property line and the second story addition will not be any closer to said property line. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the portion of the project requiring an area variance will not result in any disturbance of the ground.i Other portions of the project will require a basement, as shown on the site plan dapnlication is e din withthe S thold T, wn Trustees.. (0) anas me variance Dee'n self-created? (o ) es, or (xx ) No. If not, is the construction e ist as ilt? (xx Yes i'r N There is an existing 1-storyresidence located approximately 7' from the property itre andbtt,e second story ac�aait waitron ii be no closer to said propery line. pp y (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) many other residences in the neighborhood do not meet the current required 15' sideyard setback. In fact on the property adjoining the subject premises to the south, there is a greenhouse located almost on the property line_ 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, Que ons on • • • •e to apply USE VARIANCE STANDARDS. (Please consult your attorne . fits erwis= •-= • •ceed to the signature and notary area below. "MI Signat Signat re of Appellant or Authorized Agent Sworn to before me this 16 (Agent ust submit Authorization from Owner) 1,s4ay of December , 2003 , J. KEVIN MCLAUGHLIN ( otary Public) • LYNDA M. BOHN ZBA App 9/30/02 NOTARY PUBLIC, State of New York No.01606020932 Qualified in Suffolk County Term Expires March 8, 2302 j , . / • � it ;,4•_, + •- Mme',. ;<- - 6 8 COLOR ,b 1 11 A , '''' 4',T,•:4,..i,..,,v..--- `iti*j ,...-C4i."....., • , t TRIM • ' • jo,vi, g g�t_i{, ,,+•^?T[,arP� ,-ai->!rf• TI �.Q7 ,n,• I - ; I i - M. Bldg. /44.• ! R _5 79' Foundation Bath / ._3 '"�-/J Dinette Extension /3 ? )".: 3e'' Basement �/ fir` Floors 1• 5U,4 K. Extension 7X/2-- - (4I Ext. Walls 6A'A'S% . Interior Finish Peyttay41424k - .., Extension )C/ r: 3 Fire Place /V) Heat "?.../444.#.4_ . DR._./..a.4, derTi, .227x-37 , / 0 7 3 . Type''Rcto.f\- &/4/....14/..r. Rooms 1st Floor BR. I co. YO f y bD j, 74? Recreation Room Rooms .. FIN. B. G S( /�= CV ,r3 '- a s-A Dormer N0 eriezewey-3( Sp�T /vv Driveway Garage .�„+,- /b -,c \O= 3 o -7 d 44 0 - i Patio p /3 x i7 z •-c2-/ •off ,iiiBJSt % ivx Isf�fia`la� a{�nr�Gv 3f A"' ! Total IE, !1P°4: °'' !1,,1° - . , . 7 z�o • „ _ ' 11—.1 thij ra .. ,i�° TOWN OF SOUTHOLD PROPERTY RECORD CARD . � ^ ' OWNER" `- . d'''''''-+,r'�„n,a"i''�"''�'^ STREET 13< � VILLAGE"` DIST. SUB. LOT q-/� F Yl -J , it �9bY� -A . ,, , --C - ..: 5,. -irl i e_r /To, i e i• A a , . . �- 1 /a" sed v po ,i,t-clu i o ®„... F RMER R y 1".----E, fhende�(' /If'Y Hl s fe•-"id h "',� O OWN N � ASR IA /./1 I �Iajo ?S� . n �tn P. Allen S W ' TYPE OF BUILDING 2 Gy SEAS. VL. FARM COMM. CB. MISC. Mkt Value ,ztri LAND IMP. 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"'''' " ' ' .4-7;',0"i'F.-,4"At>`:)...7,0,..1,44,1,W,„,,--,-,-7„.40—Z-4'r/T4:4;',..4.---- ..:ti,.--`.;,-,','Z,:irk.","4.`-.)";--..-."--,,u-, .7:-.Y4.- 44.67.1,:-,?.1..,: ..,, „ 1.4'4%1-'''''---44p,-, „,-;..A,,,,,,,,,i, , 13 ,:...- .,,,i,..I. :•.'f,,,,,til ',.,‘ .,,,,,,, ' , '' ' "4'. '•!'2 .,..'...1' ,...,,-. 2f,.. !' `...,?..;•:-,..,. .,.. ?,,,..,,,,,rs,‘31..” ,,-= ..-,- :,.. ,'.0, , ?...-%.,.'-,.'' ,` ` ''',' ' • '-' ' • ‘1'ti,,,, ••-'-`•".' '' , • '4 ' - 1 OOOOO APPEALS BOARD MEMBERS k, ; Southold Town Hall iFhlktRuth D. Oliva, Chairwoman ��t \: 53095 Main Road - P.O. Box 1179 Gerard P. Goehringer �' q#4061 L dia A.Tortora 4.. r7 $ Southold,NY 11971-0959 � Vincent Orlando Z 4" ' ,�`. Tel. (631) 765-1809 James Dinizio, Jr. rr• Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD March 9, 2004 Regular Mail and Fax Transmission J. Kevin McLaughlin, Esq. 44210 Rt. 48 P.O. Box 1210 Southold, NY 11971 Re: Appl. No. 5483 —Variance (Sampieri Site) Dear Mr. McLaughlin: Enclosed please find a copy of the findings and determination, with conditions, rendered at Zoning Board of Appeals Meeting held March 4, 2004. Please be sure to contact the Building Department (765-1802) for the final step in the building-zoning permit review process, and any other agency which may have jurisdiction. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision also furnished 3/8/04 to: Building Department — .f N PROPOSED 250 CF CAPACITY STORM , ' WATER LEACHING BASIN. CONNECT TOCO ALL ROOF GUTTERS * LEADERS / o / m O / ----\ PROPOSED SINGLE STORY, 3 Y2 CAR 12' DP) 1 GARAGE: REMOVE +/- 65 CU.YD. / V" ` PROPOSED ASPHALT DRIVEWAY 16\ O r�0 't" if 11„ 50' 13" ' 11 rL� " • 8"\11 6'_ qn �4 O PROPERTY LINE 14"0 C1 \_`i I 6,..L1 n 12° Ian / UP ) I . O 1,,./ • 611 / /3110 / I i ( 5"i 06n0- . )/ / \ ---.., IP�ROPOSED COVERED SET BACK LINE , /r. . J II �J \ /. LK Y \ / / / / /// ( / / PROPOSED TWO STORY LOT 119 ��0�/ 20' , // \ ) i ADDITION WITH BASEMENT: / 1 REMOVE +/- 118 CU. YD. h V// / �" // �a/ / / /// ) / UT EXISTING SINGLE STORY 7P LE / PORTION OF DWELLING / i O v� TO BE REMOVED. / / /// • / / LOT 118 5' �� EXISTING ,% BOAT SHED / / / V ---70 /• // <<t , • /n �v 14' 3-' <31 /0 0 EXISTING ASPHALT DRIVEWAY / 12' t cc_ `iTO REMAIN 10 ° /��� / / 0 EXISTING NEIGABORING •% 1 I , iI��1I`� �II°00 t_i LOT 117 GREENHOUSE ---_- - 1L _ _ .''<' PROPOSED 720 GF CAPACITY STORM I r� '7.5V-7.— - I \ >� / `� WATER LEACHING BASIN. CONNECT TO N _ I _ -=-- ----=-1-..- '�1�� 8'-6a" ALL ROOF GUTTERS * LEA ERS C96 9No \11i \aye. NEIGHBORING DWELLING 0 I: , EXISTING SHED AND CONC. PAD \�' A,4 /71-11-k TO BE REMOVED REMOVE EXISTING FRONT DECK tQ �N \ -EPLACE WITH NEW � -4 J2' PROPOSED SECOND STORY AREA (+/-1,100 SQFT-.). MAXIMUM' -it. / PROPOSED RIDGE HEIGHT AT +/- 25'-7" ABOVE GRADE. �Fi. 10 EXISTING ONE STORY DWELLING WITH PROPOSED 6% \. � / ADDITION AND PARTIAL SECOND STORY. �9' ' EXISTING DECK TO REMAIN PROPOSED LOCATION OF HAY BALES ,i, ' EXISTING DECK AND PATH EXISTING BULKHEAD ,,, , EXISTING DOCK N' Ads SITE PLAN , `•A' . 4' ®2�5�1 %' SCALE: N.T.S. \\t0i*--kVel>v . THE ABOVE SITE PLAN PROPOSAL IS PROJECT: SAMPIERI RESIDENCEBASEON A DIGITAL D OF THE LOT SURVEY,LAST REVISED DATE. #032001 BusclAssociates SEPTEMBER 28,2003,AS PRODUCED BY PECONIC SURVEYORS,P.C. , NO. ISSUE/REVISION DATE Architecture • Engineering • Interiors LOT AREA=44,615 SQFT. OR 1 BOARD OF TRUSTEES SUBMISSION 11/20/03 1.02 AC. 2 ZONING BOARD REVIEW 12/18/03 LOT COVERAGE=11.9% ' 88 WEST MAIN STREET 2ND FLOOR ZONE: R-40 BAY SHORE NEW YORK 11706 DWG No. MR. & MRS. JOHN SAMPIERI SCALE: 1"=40'-0" 1380 BAYBERRY ROAD DATE: NOVEMBER 20, 2003 SP-1 CUTCHOGUE, NY 11935 TEL: 631 . 969 . 0900 DRWN. BY. :As S.C.T.M.: 1000-118-02-12 FAX: 631 . 969 . 7956 1.KEVIN MCLAUGHLIN Attorney At Law Winds Way Professional Center 44210 Rt.48,P.O.Box 1210 Southold,New York 11971 Telephone(631)765-6085 Facsimile(631)765-1856 1 February 10, 2004 \ Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application of Sampieri —No. 5483 SCTM#1000-118.00-02.00-012.000 Gentlemen: I have enclosed seven (7) sets of photographs after staking corners of the proposed new construction in the above-referenced matter. Very r i ly o s, cLaughlin Encs. Hand Delivered RECEP FEB 0 9 2004 ZONING BOARD OF APPEALS { o..•) IP Iv 11,141111V1 11. .... ' 1 •111r• '-'•I 1 ' 0 t ., I • i W. . 4I.i '...' or 1 01* •.1 . r4. it . 4„ i -, . ,,, ,•:r,t 11 . , ., ,,•x . I Att -•ki, ..• -• • 7I •• • • 1114:11°- : ill a --.- il . I'V* %. • ' .t. f 1 ...' . .. , ),.‘ . , - . ...I •,„ ,. 4 i° • .... _ , \-- •-•!:7.....ig:::'Vt.-• •. -..... ... ._ ..-...0; I- . 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I Fi • 1 —.. . ....." )4 , Mir 1 �. 0_ SI s Trr: -��- yre CI 73 6 6 \ �� ' !jet, 5,.n Qtl•OtVO b - < 'a1 l3•/- 05 8 0S m 'co U1 © Q 9- 5" i 14-'E� 14• 10 -i Ir 0 v Li' I , 21 05• a.�, Drs' / unt Lail- 0 13.0 ©5•c1 5Q Ifi 7 4•Q '/0s•p 9' / / POLE B• 9. 5• — POLE ©• © o Q 01©Q e• / / O 016- 7 ,+ s,, J 0 s•10 0 ;// ' /v ' 05• il• - ./ (10/ ©/ i" / 1rs 0 . / �® / o - �� X NI � 1* 1 P s' Pi/ . SV / scL \0 `J / 6PV \4. / / Ir nam 172EEh1 /la crsG a� .--C 7\ o ; a 4. very /off , \\ 3�, \ 1 .44% y\ � i S // j _ p 1 `Q 0 a UTi{. 101, A ,, ‘14- .5711%4 %V V\ � I \ ' F• d p4 ----.1 •p. ,t, ,. o m 1 \\ `fra \�\\ v` y. aj°+ 0 -\ \ 01 z O _ + 3%. Q . .. / fe, �T SURVEY OF O _ 2 ' `.9L):°'-' ���V - PROPER T Y 43. *4,- AT NASSAU POINT • TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 118 - 02 - 12 Scale: 1" = 40 ' July 6, 1996 July 30, 1996 , Aug. 3, 1996(addit contours) 4k!. 3, 1996 (top bank) ' Sept. 28, 2003 (outline survey 8 topographical info.) LOT NUMBERS ARE REFERENCED TO AMENDED MAP A c ' MAP OF NASSAU POINT CLUB PROPERTY, FILED AUG. l 6,1922 AS MAP NO. 156 AREA = 44,615 sq. ft. to tie, lines S�P�E OF NFA °,N T•MFrZc hep ,.. r ', N. LIC. NO. 49618 AAR A41,,0 = TREES P c IC rlir - YARS, P.1C (6 c/.5k,- 5020 FAA' 765 - 1797 P. • e 0 909\a J� CONTOUR LINE & ELEVA TIONS ARE REFERENCED 1230 ` REET TO N.G.V.D. SOUTH• r- I/97/ • • 96 - 192 r. • j6m ..., - i.-' : - hftuIii en ____L . ,-, 111 . .____. PROPOSED NORTH-EAST ELEVATION o_&, i CC II 1 --- , �, !U U .� F f " $ - PROPOSED NORTH-NEST ELEVATION I 1 i.,-..-_____ SAMPIERI RESIDENCE 1 BUSChASSOCiateS 1 1380BAYBERRY ROAD 1 --- - TEL 631-969-0900E SOUTHOLD VY 11^71 FAX 631-969-7956 A y0n /� SCTM # 100 1 qS 02 102- 12 PROJECT:032001 1 r ---[____ 1 I _ J ..,"\ 4'_: ' - ,,,,,L," 1 In irT `V' ' 1.---11-(-----7, - , 'If i �,i�i�I flll}cii'i 1 ILI II�111111 �I : m !: c 'LJ -1 __ - - l0 J PROPOSED SOUT+ -h'EST ELEVATION ll tr. p.lf 1If{If1 :.i e. s in PROPOSED SOUTH-EAST ELEVATION SAMPIERI ■ \ESIDENCE BuschAssociates 1380 BAYBERRY ROAD TELSOUTHOLD NY 11971 FAAX631-969- F =631-969-7956 9 SCTM # 1000 118 02 12 PROJECT:032001-- __ -- 0' I { i - IL EXISTING NORTH-EAST ELEVATION - • II �i ____.____<--c._,.„..,..---"--. ----"--..-________________ 0 I -V 1 EXISTING NORTI-I-NE5T ELEVATION SAMPIERI RESIDENCE BuschSSOCrtS 1380 BAYBERRY ROAD TEL:631-969-0900 , S O 'T OLD NY 11971 FAX:631-969-7956 SCTME# 1000 118 02 12PROJECT 032001 _ - __- -- ��a 11 ----- F. 1_1 rri-i-___,_ Lirm Lull i _ ______ i } EXISTING SOUTH-WEST ELEVATION II -W LE _:1 7 EXISTING SOUTI-(-EAST ELEVATION $ rSAMPIERI RESIDENCE ia1 1330 BAYBERRY ROAD T EL:BuschAssoctes SOU THO L D NY 11971 AX.631-969-0900 i FAX.631-969-7966 1 S CTM # 1 000 118 02 12 PROJECT. 032001 . r. LEGEND - 0 10 1:: � • ❑ 1.1-,�� --_ EXISTING;Wku TO t RETIAIN N EGAD !1141 TO C ,APO 4 MIMING UMIC TO NON KW- REMAIN AA onsnP DECK vo a 1 _ IBE REMOVED ��' �;• - •. k % 'Q. Mit ai I,--.14..k. , • ....• imp 7 _A, • lz.z..zo.„„np ][.0,1,1, � i itPr ll . i i , II In I- . ..r✓ i. II .. == u V A _- V II A . i 1 6--.u..........h , . • t �� SAMPIERI RESIDENCE Buschssociates 1380 BAYBERRY ROAD . T .EL:631-969-0900 SOUTHOLD NY 11971 FAX 631-069-7956 SCTM # 1909 118 02 12 - - _ = PROJECT:032001 - - -- - - - .- -- . L -.. . r LEGEND D lot 110 1.0 ,_________\\\ TL TO \ REMAIN tEXISThil;!NAL.L iv Cc . AREA SE REMOVES" I \ ®-�---.- west KALL _ -..-L-71 -� ,� EKIST NG VOX TO rir6=TILTIPI I REMAIN I -——- MISTING,US IC TO Sk 1 SE R.Ervara k _6 BREAKFAST NEN DaCK AREA r MASTER . — -- --- - - Its C� 1 - 1 Iii E _ N S,._16 is 6 I rb LIVING r / XITGEt]d f�py,1D i �. . SA /:. 1.-Hv' I If DGUE'JY p. O I — DINING STola. I 1ir RPM ROOM EI jI ' 1 1 GL 1 IsrrT NIW4UE BAREA •) a j--.'s _ ROOM AREA . li: LI , ii,,,, 0 a a a a .. i 11 Hi ri?..C. F1 r SA piER! REsIDENcE Busc 1389 BAYBERRY ROAD TEL 631-969.0900 . SOUTHOLD NY 11971 FAX-631-969-7956 SCTM # 1000 118 02 12 PROJECT:032001 1 r LEGEND RCttCSN -- CODYING HALL TO .• ...... e.. 1.1E14 htALyNI 11, .. • 1, F.X., T11,4 DEM TO • r Yp3AMDA _ ._ —_ T . EktemiG DE= il l'- HUK -- . . ., .– WIN TV= SEAT - JOWN Bmai ^ablET - ATH TO STftl4e — t AAREA % BEDROOM R ei _� OROW�E _izrily AREA} 111111:: 1, - ID n 1:C:-rte10.1 ��. 1!t TH L I s• A� AmpiERI RE 1DE cE BuschAssodates 1389 BAYBERRY ROAD SOUTHOLD NY 11971 TX: 631-969-7956 FAX:631-959 79.56 SCTM 02# 1000 1 q 6 8 02 1 2 PROJECT:032001 1, _ . ELIZABETH A.NEVILLE ,/I ` Town Hall, 53095 Main Road TOWN CLERK ; . , N P.O.Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 : MARRIAGE OFFICER �o •iia '`' ,� Fax(631) 765-6145 ®�0� RECORDS MANAGEMENT OFFICER _ ®( At •„.0 Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER - ,,,,, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: January 26, 2004 RE: Zoning Appeal No. 5483 -sRm P/Ea' Transmitted herewith is Zoning Appeal No. 5483 for a variance. Also included is: Notice of Disapproval dated December 4, 2003; ZBA Questionnaire; Applicant Short Environmental Assessment Form; letter of authorization; letter of transmittal from J. Kevin McLaughlin dated December 17, 2003; copy of application for building permit; site plan; plans and survey. IMO J.KEVIN MCLAUGHLIN Attorney At Law Winds Way Professional Center 44210 Rt.48,P.O.Box 1210 Southold,New York 11971 Telephone(631)765-6085 Facsimile(631)765-1856 January 29, 2004 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Application of Sampieri Premises: 1380 Bayberry Road, Cutchogue, NY (SCTM #1000-118-2-12) Gentlemen: I have enclosed the completed Project Description. As noted therein, the required seven sets of photographs after staking the corners of the proposed new construction cannot presently be provided because of the snow accumulations. As soon as the weather permits, said photos will be taken and provided to you. Pursuant to my previous facsimile transmission to you, we are available for your Public Hearing date of Thursday, February 26, 2004 at 10:30 a.m. Please confirm that this application will be heard on that day. Ve ;rI,`/Of* Enc. Hand Delivered , RECEDED JAN 2 9 2004 ZONING BOARD OF APPEALS u. , �.,..)L, Li::-..51 6317559064 ZEA PAGE a�, � , :f . 0 fj�, W'f PROJECT DESCRIPTION (Please include with Z.B.\.Application) Appiicant(s). John J. & Joyce A. Sampieri • I If building is existinand alterations/additions/renovations arc proposed A. Please give the di ensions and overal square footage of extensions beyond existing building l 3 rr rr rr r� r i; rr Dimen;jong/sjze; ) 0 x 14 9 (2) 1 3 x 15 10 (3) 1 ,0 x 16 10 Square footage: 44 sq.ft. 20 sq.ft. 34 .sa. ft. _ 13, Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond t e existing buildinr: Dimensions/size: 17'0" x 29'0" Square footage: 493 Sq. ft. II- If land is vacant: Please give dimensions and overall square footage of new construction; Dimension/size: Square footage: 'Height: �' III. Purpose and use of new construction requested in this application: 1st and 2nd story additions to existing one-family dwelling IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): 2nd story addition to existing one-story single family dwelling, which is locatd approximately 7'1'1M" from the southerlyproperty line than existing onepst r dwelling.sThe Yremainder ofaddition lthe l eadditionsno r om lywithsoutherly set hack and zoning requirements. c�rnNly with all See attached floor plan. V Plcasc submit seven(7) photos/sets after staking corners of the proposed new construction. ,Because of existing weather conditions and snow accumulations, photos will be provided as soon 7/02as possible. • 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 of ice, or please check with Building Department (765-1802) or Appeals Department (765-1809) f you are not sure. Thank you, (� t �� _tom-= L I \ I o . a Il p hi r f------ lib t- IQ CO 110 1 we Z. .0-1,- EacreaNLD se-ler2r\)h 1=x61-/AiCs i, :1. i li i 1 ii ii ii ii L., ii Pi'k _--y CD Cu �� _- r=r=l.=4-y=--- cn mei, 01 il ii 1:4 ua i.1 i e� -,1 71 Q, 4110 c.----- 11 r –907 tel lT7 1 C� CA r 1VJ II owi 1 t / I 1 –– I! t 1 _ _ 0 tr- –LZ_— ---F C7 i CO .. z --- r co C a o1i= J'I i i • � –11 � 3`1' an C _ N 111 hil 7 lib- 1, 1r No- 4: .: .-!...1.' J [ .1171.-Cis "ra's C!Srb� l�Pv� s i h. `mei 1,617,414. L-- ea.ill" a u e. oto �► �''.: /`/jam! tspr -� / /�/� ISE o l X71 ® -u 1 1111 a> 0�_Q" 1 m W Hi . SC,... A-7-(c_ 41 V-s.-r" L---�� Pi_-.air j EXISTIN Qv1 L.KEVIN MCLAUGHLIN Attorney At Law Winds Way Professional Center 44210 Rt.48,P.O.Box 1210 Southold,New York 11971 Telephone(631)765-6085 Facsimile(631)765-1856 December 17, 2003 Southold Town Board of Appeals / o C.t Southold Town Hall 53095 Main Road ���►' Southold, NY 11971 Re: Sampieri Application for an Area Variance Premises: 1380 Bayberry Road, Cutchogue, NY(SCTM #1000-118-2-12 Gentlemen: I have enclosed seven (7) sets of the Notice of Disapproval, Application for Area Variance, Owner's Authorization, Questionnaire, Short Environmental Assessment Form, survey showing the existing structures located on the subject premises and Sight Plan showing the proposed new construction. I have also enclosed my check in the sum of$400.00 representing the filing fee herein. Kindly advised me of the date of the public hearing at your earliest convenience. Very ul yo s, 1161 4 '1 J. evin '. cLa•. - 'n Encs. Hand a ivered QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION 1\14 L A. Is the subject premises listed on the real estate market for sale? D Yes xl No B. Are there any proposals to change or alter land contours? ❑Yes INo Snot as to the portion of the project requiring this area variance) C. 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shown on the map submitted with this application? Yes 3) Is the property bulk headed between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas,have you contacted the office pf the Town Trustees for its determination of jurisdiction? A Wetl ands Application i s pending before the Southol d Town Trustees with a public hearing date of December 17, 2003. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "n/a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? No 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? No If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel 1-story one-family residence and proposed use 2-story one-family residence with detached garage el I Authi,r ze. Signature and Date J. KEV'N MCIAUGHLIN ► i 1416-4(2/871—Text 12 �,�` (� PROJECT LD.NUMBER 617.21 ` Z�� SEI I ? — l •Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPUCANT(SPONSOR ' John J. Sampieri and Joyce A. Sampieri Iz• PROJECT NAME J. PROJECT LOCATION: Municipality Cutchogue County Suffolk 4. PRECISE LOCATION{Strce�addr ss and ro}Q,Inte Cle clo �0U-11�, �kUU-U'j�.UUU dee enclosed Site Plan. 1380 Bayberry Road, utchouge, S. IS PROPOSED ACTION: ONese )®Expansion ❑Modification/alteration •C 6. DESCRIBE PROJECT BRIEFLY: add a tirst and second story addition to an existing one-story residence with an existing 7' side yard setback in an R-40 zone. • 7. AMOUNTAF 610 0 AFFECTED: Initially 4F q' TT CC acres Ultlmately44,614 sq. ft. acres e. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANG USE RESTRICTIONS? DYe, ®No If No.describe briefly requires an area variance to allow a second story addition to an existing one-story residence with an existing 7' side yard setback in an•R-40 zone. 9. WHATyyyy� IS PRESENT LAND USE IN VICINITY OF PROJECT? )BResidential 0 Industrial ❑Commercial 0 Agriculture ❑Park/ForesUOpen space °"""": subject area of single-family residences Gomer • 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAI STATE OR LOCAL)? Eros 0 No If ye Itst as cy{s)and pernlIvapprovals A Wetlands Application is pending before the Southold Town Trustees with' a public hearing scheduled for 12/17/03. Project will require a building permit from the Southold Town Building Department. 11. DOES ANY ASPECT OF THE ACTIZ,N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? 0 Yes EN` II ye:,Hat agency name and permlUapproval - • 12. AS A RESULT OFA�PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? E ❑Yes t No I CERTIFY THAT THE INFORMATION PROVIOED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n . J.'KEVIN CLA HL Dale I he Q I 1 $iQnalVf `• 1 0\ ,, ) 1 If Ih. action is In the Coastal Area, and you are a stale agency, cdmplele Ine Coastal Assessment Form before proceeding with this assessment • • OVER • 1 0 - 11/24/2663 10:28 6317651656 KEVINMCLAUCHLIN PAGE 82 ' rd of Trustees Application- . r AUTHORIZATION (where the applicant is not the owner) siding at 11 Cherry Valley Avenue, .M-�19 I , Joke A, Sampi eri re (ra��rl�n� acices y (print owner of property) Kevin McLa�h)i n Garden Cit Y 1153 do hereby authorize_ o.1- (Pg flt) to apply for perrati.t(s) from tb,e and the Southold Town Board of Appeals Southold Board of Town Trustees v on my behalf. `goy, - 1). . a p eri gnatear .) • • 8 FORM NO. 3 NO y NOTICE OF DISAPPROVAL DATE: December 4, 2003 TO: Kevin McLaughlin for John&Joyce Sampieri P 0 Box 1210 Southold,NY 11971 Please take notice that your application dated November 25, 2003 = ® 5 2003 for alterations & additions to an existing single family dwelling at Location of property 1380 Bayberry Road, Cutchogue,NY County Tax Map No. 1000 - Section 118 Block 2 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to a non-conforming single family dwelling, on a conforming 44,615 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The site plan indicates a side yard setback of 7'feet. The proposed addition/alteration is not permitted pursuant to Article IIIA Section 100-30A.3 which states that conforming R40 lots, require a minimum side yard setback of 15'feet. The relief requested is approx. 8'feet. Total lot coverage is less than 20 percent,. OW, Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. TOWN OF SOUTHOLD BUILDING I' '4IT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you uuve or need the following,before applying? TOWN HALL ,/ Board of Health_`'e lTC n sde SOUTHOLD, NY 11971 /4U Ve"° 3 sets of Building Pfans ' � TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey PERMIT NO. Check Septic Form Y.S.D.E.C./v<7: // Trustees 7e-rniisSid n r4 rel , Examined ,20 Contact: Approved ,20 ISAPPROVAL Mail to: Disapproved a/c /e2 / Phone: 7ta/J —600 Expiration ,20 Vic J ir\ 64C1-0Ale.J\ Building Inspector 200n • AA PLICATION FOR BUILDING PERMIT Date , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to.scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions,or alterations or for removal or demolition as herein descnbed. The applicant agrees to comply with all applicable laws,ordinances,building code,hous. g`c.:-, and ret .tions,and to admit authorized inspectors on premises and in building for necessary inspections. -A. Ate'/ I ignature of app ican or name,if a corporation) P0. "(9c_ 1Q-10 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder COsL.Yc. r Name of owner of premises ( s 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. 1. Location of land on which propos York 1l be done: House Number Stredt Hamlet County Tax Map No. 1000 Section 1\ , CID Block Oc:-1, Lot Ot 000 Subdivision A..0 t3 Po,v k Filed Map No. 1- k-1 Lot 11 a (Name) era��A7, rnwcL4 - . rr ce 2. State existing use and occupar__, _f premises and intended use and occti,uii,y of proposed construction: a. Existing use and occupancy, 1- skor r-estLzo',Qe_ 60���Sc-S. c Sk C9-z-\4-63 N_A • b. Intended use and occupancy \ � 3. Nature of work (check which applicable): New Building Addition \A Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units \ Numbel octwemitalataach floor If garage, number of cars t t -. ,a a G , 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories ; f Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front J q35 t Rear (CO- ' Depth '4 t 10. Date of Purchase c71-1 a' zS Name of Former Owner `(-L'tF �k��• ��\E V� 11. Zone or use district in which premises are situated 4,0 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 X NO •Aotiv•---\ � �oYc=__661/4 11\ mac,(-Y v..•�1Ak-19 14. Names of Owner of premises e I e_r 1 Address ' ' - Cy , Pr Phone No. Name of Architect Address ( 1 3b Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES `& NO IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO { * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale,,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 fee below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OFSct�t--c�l}C_ ./••• `i's'b-/eing duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) named, (S)He is the c—qd -'‘r-,- (€ntract 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thi day of r 20O trii6___1„, 1 Notary Public �7:i atur- o, •,•10.'limit LINDA J.COOPER Notary Public,State of New York - No.011563,3,Suffolk-County Term Expires Decor/mar �0 0 e)(61.-,- (5-.~-2 v Sm,e)v \ v;:,}0„ 0 -P- PROPOSED 250 CF CAPACITY STORM01.), N• -C WATER LEACHING BASIN. CONNECT TO / Ni 0 ALL ROOF GUTTERS 4 LEADERS U / or / A PROPOSED SINGLE STORY, 3 )i CAS ttl / -N GARAGE: REMOVE +1- 65 CU.YD. 14' 'I, Q8r%\/ ______A_ 10 •PROPOSED ASPHALT DRIVEWAY 16' _ - b" it 50' 0 ,31 -,,„ _ sat 6 \ \ 18I Ag,t,4 -...4 010 qt at4.5..: -\ 1 % --Ig 'ICIt PROPERTY LINE 14'[) • :' e; \) 01 7 ', r 12' 3' rt ) D1' 58r 1 / r / i / /r /b . b' PROPOSED COVERED SET BACK LINE •/3,Q / /4 I D ©: \ / WALK / r •) ` / ^ Y / \ \ / / / PROPOSED TWO STORY LOT 11q ,,\ /o, // / /// / / ADDITION WITH BASEMENT: / /// REMOVE +/- 118 CU. YD. •Y / ,,// • 71 / // EXISTING SINGLE STORY / // uT / / PORTION OF DWELLIN / / / / v TO SE REMOVED. / / / �� / / / LOT 118 5' / �� EXISTING / , `� BOAT SHED / /V / / / / Ci\/ 12'14 3 ' /q' / '61. EXISTING EXISTING ASPHALT DRIVEWAY /0 TO REMAIN 10' / 'jeM�`�;� / / '2 EXISTING NEIGHBORING \ / it . ...) / LOT 117 GREENHOUSE - — \=, r `} ��. ` I �n 4. `� PROPOSED 720 CF CAPACITY STORM N / °� \ A 1 �� >\ WATER LEACHING BASIN. CONNECT TO o L�' '1N ':L- 8'-6i" ALL ROOF GUTTERS 4 LEADERS CPN V \ \Ne0. • o It-2��Iplik*` / NEIGHBORING DWELLING \ / EXISTING SHED AND CONC. PAD 4ittot 7'-11 " TO BE REMOVED \11111/43K EMOVE EXISTING FRONT DECK \``\ \ \ .; ISI • PR I T tEPLACE WITH NEW N. .L2' EXISTING ONE STORY DWELLING WITH PROPOSED A, ADDITION AND PARTIAL SECOND STORY. • `Tv EXISTING DECK TO REMAIN SS) `-1904 PROPOSED LOCATION OF HAY BALES EXISTING DECK AND PATH EXISTING BULKHEAD - EXISTING DOCK N NOTE: PLAN '\C°` "ANI, ,, '0�,� '\ PROPOSED GARAGE TO HAVE GUTTERS AND LEADERS,PROPOSED ROOF AREA OF ENTIRE DWELLING AND SITE � ��. ,i -..0z, (1:-..1 , AND BE CONNECTED TO NEW LEACHING BASINS. SCALE: 1"-40'-0" .9 ,,-',� 1 Ca ,-1 ',0;12' 0246`' ..ON ®P NES THE ABOVE SITE PLAN PROPOSAL IS PROJECT: SAMPIERI RESIDENCE LOTYDIGITAL REPLICA OETHE BuschAssodates • LOT SURVEY,LAST REVISED DATE #032001 SEPTEMBER 2B,2003,AS PRODUCED �sm., BY PECONIC SURVEYORS,P.C. NO. ISSUE/REVISION DATE Architecture • Engineering • Interiors LOT AREA=44,615 SQFT. OR 1 BOARD OF TRUSTEES SUBMISSION 11/20/03 1.02 AC. LOT COVERAGE=11.9% 88 WEST MAIN STREET 2ND FLOOR ZONE: R-40 BAY SHORE NEW YORK 11706 DWG No. MR. & MRS. JOHN SAMPIERI SCALE: 1"=401-0" 1380 BAYBERRY ROAD DATE: NOVEMBER 20, 2003 SP-1 CUTCHOGUE, NY 11935 - TEL: 631 . 969 . 0900 DRWN. BY. :AB S.C.T.M.: 1000-118-02-12 FAX: 631 . 969 . 7956 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/26/04 Receipt#: 7982 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 7982 Total Paid: $400.00 Name: Sampieri, John &Joyce 1380 Bayberry Rd. Cutchogue, NY 11935 Clerk ID: LINDAC Internal ID:88347 55 1 2 opportunity to use this property for his business, and if we just grant that I think 3 that move on down the road. Certainly you can have your disputes with the Building 4 Department and the Planning Board. They thought something. They may have legitimately 5 thought something. They thought maybe we can' t give you this, so they wanted some 6 clarification, but it' s not their responsibility to ask that . It' s his 7 responsibility. He has to convince them what he has is a good use there . I 'understand that 8 the Planning Board and Building Inspector, there' s a blur there, but I still think 9 prevalent in this town any board seems to be able to ask any question, whether they are 10 expertise in it anyway, and when that happens, even if they have the right to do so, what 11 happens is you have an applicant out here that' s spending money monthly, and all he 12 wants to do is get it over with. So I say let' s get this one over with. 13 CHAIRWOMAN OLIVA: Mr. Goehringer? BOARD MEMBER GOEHRINGER: Are you 14 prepared to go through the special exception criteria that you' re looking for at this time, 15 or would you like to spend about twenty minutes reviewing it? 16 MR. MCCARTHY: I' d like to review my file on the application and I ' d be happy to 17 come back in front of you. CHAIRWOMAN OLIVA: Good, do that . 18 All agreed? ( (Whereupon, all Board Members 19 responded in favor. ) CHAIRWOMAN OLIVA: I' d like to 20 move that we will wait 20 minutes for Mr. McCarthy to review. 21 BOARD MEMBER GOEHRINGER: So second. 22 CHAIRWOMAN OLIVA: All in favor? (Whereupon, all Board Members 23 responded in favor. ) 24 CHAIRWOMAN OLIVA: Our next hearing is for Mr. Sampieri, who' s down on 25 Bayberry Road in Cutchogue for an existing dwelling at less than 15 feet on single yard February 26, 2004 56 1 2 setback. MR. MCLOUGHLIN: Good morning, 3 Kevin McLoughlin, Winds Way Professional Center, Southold. 4 CHAIRWOMAN OLIVA: Good morning. MR. MCLOUGHLIN: How are you? I 5 would like to hand up seven copies of a letter I have prepared for the Board basically 6 outlining the application and the legal criteria for granting an area variance . Like 7 many of the people that apparently have appeared before the Board so far today, we are 8 here basically going up a second story on an existing seven to eight foot side yard setback 9 on a property that requires a 15 foot side yard setback. We are also adding a very small 10 first floor addition also within setback at that same seven to eight foot as the existing 11 residence . So none of these structures that are proposed under our application will be 12 nearer to the property line than the existing one story dwelling currently is . I do have 13 with me -- I don' t want to spend a lot of time going over what' s contained in my letter, but 14 we do have both Mr. and Mrs . Sampieri here today and we also have representatives of Bush 15 Associates, they are the architect/engineering firm. They' re in charge of this project . But 16 basically what this is, we' re demolishing part of the first floor of the existing dwelling. 17 We' re putting a second floor on and some small first story additions . There is also a 18 currently existing shed with a concrete pad underneath it that is actually much closer to 19 the easterly neighbor' s property line than the house is, that will be removed as part of this 20 project . So, in fact the closest structure to that property line is going to be removed and 21 everything else is in line with existing buildings . 22 CHAIRWOMAN OLIVA: I was there . I don' t have any problem with it . Mr. 23 Goehringer? BOARD MEMBER GOEHRINGER: Fortunately 24 Mr. McLoughlin, this is the only one I didn' t see out of the repertoire for February, but I 25 will be up on Saturday to look at it . So I don' t have any comments at this time . February 26, 2004 57 1 2 CHAIRWOMAN OLIVA: Mr. Orlando? BOARD MEMBER ORLANDO: I walked 3 the property, I don' t have a particular problem, but you get the illusion that the 4 side yards aren' t as tight because of the major encroachments of your clients on the 5 east side of the property, you know, the fence . 6 MR. MCLOUGHLIN: I'm not sure what you mean by encoachments, into the side yard 7 area? BOARD MEMBER ORLANDO : Into the 8 side yards . They've kind of borrowed some property and cleared it and vegetated it on 9 the east side . It gives the illusion it' s a big side yard. 10 MR. MCLOUGHLIN: It' s approximately an eight foot setback from the 11 property line to the existing structure . BOARD MEMBER ORLANDO: I just 12 wanted to put on the record that it gives the illusion of a larger side yard there because 13 they have a fence that runs perpendicular on the corner over into the neighbor' s side yard, 14 and it' s kind of cleared and maintained there . I was confused, I couldn' t find the seven feet 15 until I found the markers and paced it off, because the side yard looks probably close to 16 15 or 20 by the maintenance, but I just wanted to put that in there . 17 MR. MCLOUGHLIN: For the record, the distance between the closest point of my 18 client' s house and the neighboring house to the east is going to be almost 40 feet . 19 BOARD MEMBER ORLANDO : Right . But the gate on the east side is almost on the 20 property line, that' s what I was getting at . It' s an illusion right there . I don' t have 21 any particular problems with the additions . No other questions . 22 CHAIRWOMAN OLIVA: Mrs . Tortora? BOARD MEMBER TORTORA: I don' t 23 have any questions . The setback to the top of the bluff is what? 24 MR. MCLOUGHLIN: 61' 2 " I believe . We do have Town Trustees approval on this file 25 already. BOARD MEMBER TORTORA: I was just February 26, 2004 58 1 2 trying to see from the top of the bluff as far as our jurisdiction is concerned, I don' t see 3 that on here, but I guess it must meet it because it' s not indicated. Was that 4 indicated; do you know? CHAIRWOMAN OLIVA: What was the 5 question again? BOARD MEMBER TORTORA: The 6 question is our jurisdiction was 100 feet to the top of the bluff . 7 CHAIRWOMAN OLIVA: This is 61 . 2 . BOARD MEMBER TORTORA: Is the 8 proposed addition within that 100 foot or not? MS . KOWALSKI : That hasn' t been 9 addressed by the Building Department in their disapproval . 10 MR. MCLOUGHLIN: It' s just going straight up, it' s not any new. 11 MS . KOWALSKI : If it' s straight up, then it' s landward of the existing 12 footprint . MR. MCLOUGHLIN: We' re coming no 13 closer to the water. BOARD MEMBER TORTORA: Okay. That 14 answers my question. CHAIRWOMAN OLIVA: Mr. Dinizio? 15 BOARD MEMBER DINIZIO : Yes . According to your notice of disapproval, you 16 were denied for a seven foot setback from the side yard; am I correct? 17 MR. MCLOUGHLIN: That' s correct . BOARD MEMBER DINIZIO: You have an 18 existing seven foot setback, and they cited 100-242-A and I think B too or C, no? And 19 also 100-30-A-3 on your notice of disapproval? MR. MCLOUGHLIN: That' s correct . 20 BOARD MEMBER DINIZIO : So, what was the reason that they told you that you 21 couldn' t build, that you needed a variance? MR. MCLOUGHLIN: As in all 22 applications similar to these, their position of the Building Department is even if you are 23 not in any way reducing an existing side yard setback, if you go up on a second story, that 24 is considered grounds for denying and requiring an area variance, because they deem 25 it, I guess some kind of an additional encroachment on that required 15 foot setback, February 26, 2004 59 1 2 even though the line has been established by previous structures . 3 BOARD MEMBER DINIZIO: So you didn' t find that anywhere in the code, though? 4 MR. MCLOUGHLIN: I have never bothered to thoroughly search the code for it . 5 I know that up until fairly recently that was not the position of the Town and that you 6 could go up along an existing established setback, but it' s no longer the Town Building 7 Department' s position and that' s why we ended up here . 8 CHAIRWOMAN OLIVA: Jim, could we just ask -- 9 BOARD MEMBER DINIZIO: No . I'm trying to find out the reason why this 10 gentleman' s here . I think I have the right to ask those questions . 11 CHAIRWOMAN OLIVA: I' d like to move this along. You have already stated your 12 objection to things like this . We could just say refer back. 13 BOARD MEMBER DINIZIO: No . Ruth, we' re here for a hearing. 14 CHAIRWOMAN OLIVA: Okay, go ahead. BOARD MEMBER DINIZIO: Before, 15 when you had this problem, wasn' t it just because they would just assume that if you had 16 seven feet that you could always have seven feet and going up didn' t make a difference 17 because going up wasn' t your nonconformity, your nonconformity was the seven feet, right? 18 MR. MCLOUGHLIN: Historically that was true until fairly recently. 19 BOARD MEMBER DINIZIO : Right . So you don' t have a nonconforming height problem 20 here . You weren' t denied for height? MR. MCLOUGHLIN: No . 21 BOARD MEMBER DINIZIO : You were denied for a side yard setback of seven feet? 22 MR. MCLOUGHLIN: That' s correct . BOARD MEMBER DINIZIO : And you' re 23 not increasing the degree of that nonconformity, are you? 24 MR. MCLOUGHLIN: Not in the least . BOARD MEMBER DINIZIO : That' s all 25 I have, thank you. CHAIRWOMAN OLIVA: I' d also like February 26, 2004 60 1 2 to remark that Mr. Dinizio previously, when the Board enacted the Walz decision, voted 3 against it, and I guess on every application he is going to ask the applicant to explain 4 exactly what is the degree of nonconformance specifically. Thank you. 5 Does anybody in the audience like to comment? 6 MR. DOWNING: Good morning, I 'm the neighbor to the west on Lot 119, Richard 7 Downing, at 1280 Bayberry Road. We have no problems with their proposals . I guess we' re 8 unusual . We' re asking to increase, if they could have a variance that extends further 9 down the property line to possibly allow them to move their garage, which is down at the 10 lower portion of the site, the northern part, which is going to take the removal of a number 11 of trees . It' s also where the migratory path of all the deer are . 12 CHAIRWOMAN OLIVA: I know, I ran across eight of them. 13 MR. DOWNING: Right . So we' re hoping maybe it would allow them where they 14 have the existing area, which is asphalt now possibly they could bring the property line 15 down so they could construct the garage on the property line, preserving the trees, 16 preserving the deer path, that' s our only concern. 17 BOARD MEMBER ORLANDO: Where was this, by the garage? 18 MR. DOWNING: Where the current proposed garage is trees, that' s where all the 19 deers move, and up where they have an existing asphalt parking lot, they have right now. 20 It' s almost right on the property line, and you know, possibly if we could extend the 21 variance that would allow them to construct their garage where there' s already the 22 existing asphalt area, we' re looking to preserve the trees, preserve the wildlife . 23 CHAIRWOMAN OLIVA: It' s not before us . 24 MR. MCLOUGHLIN: Legally speaking, that' s not part of the application before the 25 Zoning Board. We don' t need any variances to site the garage where we propose . It' s up February 26 , 2004 61 1 2 near the front of the property near the road, ,- setback, oh, I don' t know maybe 20 -- I mean ) 3 65 feet or so from the road. CHAIRWOMAN OLIVA: Right . 4 MR. MCLOUGHLIN: In fact, again, it' s not before this Board, but if we were to 5 move the garage to the east, we would actually have to end up taking out larger, more 6 substantial trees over there and the applicant does not wish to do that . But, again, it' s 7 really not an issue before this Board in any event because we don' t need a variance in 8 order to site the garage at the proposed location. 9 CHAIRWOMAN OLIVA: You two can discuss that in private . 10 MR. DOWNING: In order for them to construct the garage, we' d have to come back 11 here . If they wanted to put it right on the property line, they have to come back here for 12 another variance. MR. MCLOUGHLIN: If that' s what 13 they wanted to do, but that' s not what they want to do. They want to put it where they've 77 14 got it on the plan, and that doesn' t require any variances before this Board. 15 CHAIRWOMAN OLIVA: Thank you. Would anybody else like to speak on behalf of 16 this hearing? If not, I ' d like to close this hearing and reserve decision until later. 17 BOARD MEMBER GOEHRINGER: Second. CHAIRWOMAN OLIVA: All in favor? 18 (Whereupon, all Board Members responded in favor. ) 19 CHAIRWOMAN OLIVA: Opposed? So moved. 20 CHAIRWOMAN OLIVA: Our next 21 hearing is Steven Pisacano, and he' s proposing additions and alterations at less than 40 feet 22 from lot line on County Route 48 in Cutchogue . You' re the one with the nice big hedge in 23 front . MR. PISACANO: Yes . Stephen 24 Pisacano, 16405 Route 48 , Cutchogue . Like you said, I'm just trying to put an addition to 25 the west of the house, 12 feet, and I am too close to the North Road. Continuing the house February 26, 2004 5 0'1 COUNTY OF SUFFOLK \ )(\ (-117(1"/ 441z. t MAR 3 1 2004 STEVE LEVY SUFFOLK COUNT(EXECUTIVE ZONING BOARD OF APPEALS THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING March 26, 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) Reeves, Edwin and Laurie 5462 Poggi, Richard and Dorothy 5468 Hinton, John and Vivian 5477 Bakelaar, Vera 5479 Scott (John) and Tuffy(Sandra) 5480 Skrezec, Darrin* 5482 Sampieri, John and Joyce 5483 Mattituck Fire District 5485 Licalzi, Luke and Rita 5488 Pisacano, Stephen 5490 Wiggin, Merlon and Isabelle 5499 *Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNYIZONING\ZONING\WORKING\LD20041MAR\SD5462 MAR LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.-411-1 FLOOR ■ P.O. BOX 6 1 00 ■ (5 I 6)853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 16)853-4044 APPEALS BOARD MEMBERS Southold Town Hall 53095 Main Road Ruth D.Oliva,Chairwoman P.O.Box 1179 Gerard P. Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 Vincent Orlando ZBA Fax(631)765-9064 James Dinizio http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD March 23, 2004 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 decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R— STATE OR COUNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED /VARIANCE R W B 5462 REEVES GARAGE — FRONT YARD LOCATION X X 5468 POGGI BAY WINDOW ADDN — SIDE YARD SETBACK X 5477 HINTON AS BLT DECK ADDN — SIDE YARD LOCATION X 5479 BAKELAAR ADDN /ALT— EXCEEDS 20 % LOT COVERAGE X 5480 SCOTT DEN & BEDROOM ADDN — FRONT YARD SB X 5482 SKREZEC SE / INTERPRETATION — LANDSCAPE X STOCKPILING 5483 SAMPIERI= -- ADDN'S /ALTS 2N3 STY/ DECK—SIDE SB X 5485 MATT FIRE DIST RADIO ROOM ADDN/NEW BARN — F, R & S SB X 5488 LICALZI AS-BUILT POOL— FRONT YARD SETBACK X 5490 PISACANO ADDNS/ALTS — SIDE YARD SETBACK X 5499 WIGGIN POOL— SIDE YARD LOCATION X X If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Boge Enc. cc: ZBA Staff v ( /J.KE N MCLAUGHLIN vkq* , Attorney At Law `\\).94 \ a`aW Winds Way Professional Center \ 44210 Rt.48,P.O.Box 1210 Southold,New York 11971 T�$hone(631)765-6085 �' csimile(631)765-1856 February 25, 2004 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Area Variance Application No. 5483 for Sampieri Premises: 1380 Bayberry Road, Cutchogue, NY (SCTM #1000-118-2-12) Dear Chairperson and Members of the Board: I represent John and Joyce Sampieri, the owners of 1380 Bayberry Road, Cutchogue, New York regarding the above-referenced application for an area variance. My clients purchased the subject premises in February, 1995. The property consists of 44,615 sq. ft. (1.01 acres) and is improved by a modest single-family dwelling. The premises are also presently improved by a bulkhead, deck and boat shed. The lot has a width of approximately between 107 feet and 120 feet and is bordered on the north by Bayberry Road, on the south by water, on the west by a substantial two-story residence and on the east by a one-story residence. The existing single-family residence is located approximately 7 feet from the easterly boundary line. The single-family dwelling on the property adjoining the subject premises to the east is located approximately 42 feet from my client's existing house. The reason for this variance application is to allow the applicants to add a partial second story to the existing dwelling, no closer to the easterly property line than the existing residence; that is approximately 7 feet from the property line. In reviewing an application for an area variance, a zoning board of appeals must consider the following factors: 1)whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the area variance is granted; 2)whether the benefit sought by the applicant can be achieved by some method feasible to pursue, other than an area variance; 3) whether the amount of relief requested is substantial; 4)whether the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5) whether the variance has been self-created. I will address each of these criteria below. Undesirable Change in the Character of the Neighborhood: The applicant simply seeks to add a partial second floor to an existing single-family residence, which is located approximately 7 feet from the easterly property line, and to add other improvements to the premises which do not require a variance. Total lot coverage will be 11.9%, considerably less than the allowable 20%. The neighborhood consists entirely of single- family residences, generally of substantially equivalent size to the applicants' proposed • residence. The applicants have obtained all of the necessary permits from other agencies, including the Southold Town Trustees. The only variance that is necessary in order to obtain a building permit is from the 15 foot side yard setback requirement from the easterly property line as imposed by the Southold Town Zoning Ordinance (Section100-30A.3). As set forth above, the subject premises is already improved by a single-family residence located approximately 7 feet from this property line. The applicants simply seek to add a partial second story to the existing residence located no nearer to the property line. The lot on the other side of this property line is improved by a one-family dwelling, which is located approximately 42 feet from my clients' existing dwelling. The Relief Sought Cannot Be Achieved By Some Other Feasible Method: The subject lot is already improved by a single-family dwelling located approximately 7 feet from its easterly property line. The applicants seek to construct a moderately sized second floor addition to the existing house, which will be located no closer to the property line that the existing residence. Due to the location of the existing structure, the applicants have no other feasible method to achieve the relief sought by this variance application. The Amount of Relief Requested Is Not Substantial: While technically speaking, the amount of the relief requested is from a 15 foot side yard setback to a 7 foot setback in not insubstantial, the realties of the situation make it the minimum necessary, as the existing house is located approximately 7 feet from the easterly property line. Additionally, the existing residence on the adjoining lot to the east is located approximately 42 feet from both the existing and the proposed single-family dwelling on my clients' property. The separation between the two dwellings is substantial and will, in large measure, alleviate any impact on the adjoining property. The Variance Will Not Have An Adverse Impact on the Physical or Environmental Conditions in the Neighborhood or District: The requested variance will simply allow for the addition of a second story to an existing single-family dwelling. The area consists entirely of one-family residences of substantially equivalent size to the applicants' proposed residence. The total distance from my clients' residence to the neighboring residence to the east will remain about 42 feet, which is a substantial separation and will therefore lessen any impact on the neighboring property. Has the Variance Been Self-Created?: The existing single-family dwelling is located approximately 7 feet from the easterly property line of the subject premises. The applicants plan does not further reduce the already existing side yard setback; it simply allows for a second story addition to the existing dwelling. The Requested Variance Is The Minimum Necessary: As set forth above, the subject lot is already improved by a single-family dwelling located about 7 feet from the property line. The second story addition thereto will be located no closer to said property line. Due to the location of the existing dwelling, the requested variance is the .1 minimum necessary. For all of the reasons stated above, it is respectfully submitted that the instant area variance application should be granted in all respects and that the requested 7 foot side yard setback from the easterly property line should be allowed for this second story addition. Ve tr your , JAi J.� .- i McL •• li -OFFICIAL USE ONLY --T" SAMPIERI, JOHN &JOYCE 5483 LT ADDNS/ALTS 2ND STY/DECK-SYSB Checklist for new projects: 1380 BAYBERRY RD CUT 118-2-12 R40 J a/CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY CTY TAX MAP 8 CPES — NEIGHBORS CIRCLED AND #'S WRITTEN SOIL &WATER LTR: PARCELS ON•LI SOUND — Mail ASAP PB COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS include: ZBA app, NOD, & BD app (S drive ZBA, memos) — interoffice ASAP SIGN —2 IF MORE THAN 1 FRONT YARD . MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP 58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS —top/front fldr, checklist sheet, 1st pg. appl 7 ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON FLDR RT SIDE INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR RESEARCH PRIORS — INDEX CARDS, LASERFICHE, — 6 CPES OF DEC (1 RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or U bay, sound, or estuary. Enclose ZBA app, decision, survey/map & NOD UPDATED: NEW INFORMATION: ��� 9 • a� tea 9A-O Zr r ✓ � , . n . 4. ZONING BOARD OF APPEALS Y -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of . John J. Sampieri & Joyce A. Sampieri AFFIDAVIT OF SIGN (Name of Applicant) POSTING . Regarding Posting of Sign upon Applicant's Land Identified as , 1000- 118.00_ 02.00 012.000 COUNTY OF SUFFOLK) STATE OF NEW YORK) (, J. Kevin McLaughlin residing at 680 Old Orchard Lane, East Marion , New York, being duly sworn, depose and say that: On the 5th day of February , 200 4 I personally placed the Town's official Poster, with the date of hearing and nature of my application • noted thereon, securely upon my property, located ten (10)feet or closer from ':,D 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 -r a'hed i p.. • ' - -n days prior to the date of the subject hearin• •- - : �r e:ri • : ` -/sho n to be • i n N Z"igSttri3►) Sworn to before me this�3 day of Februar 00. 4 , c_c___Xfr_i_ 01 - NOTARY UBDLC S ate oN New York Aotarfubl,c No. in Suffolk Coun4 . Term Expires March 8,20 *near the entrance or driveway entrance of my property, as the area most visible to passersby. I 11 I I) ': COMPL T T I SECTION iIZK0]uIJl4I4r1.'1649X01101► .► •4Ur!4N' ■ Complete items 1,2,and 3.Also complete A. Signature l^ item 4 if Restricted Delivery is desired. X Ct�/'// SCh U/ k A. ssee er • Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 01 Of D. Is delivery address different from item 1? s n1. Article Addressed to: If YES,enter delivery address below: 0 No err k tom= ALAe%S . (1,c-A-hL^, AqC,�,. t P l�c1 3. Service Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes ._2. Article Number -z` y _(transfer from service label) 7001 0360 0001 0521 3494 -arm 38111,IAugust 2001 l!: 1111 i I,1 Domestic Return Receipts I( ! 102595-02-M-1540 viii i ti ii s ii iii iii 1 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid LISPS Permit No.0-10 • Sender: Please print your name, address, and ZIP+4 in this box• \-4 t-') \ \°' L • f t 1 1 tt t 1 1 t t1 f f��s���ii�11�u���i�u�1��1�u,IlI),iei�u�i��eii�l�lu�ilu�1 • ` • Complete items 1,2,and 3.Also complete ignatu item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. Received by(F.,Tiqed Name) C. ate of D live • Attach this card to the back of the mailpiece, or on the front if space permits. k"C NCO a w sv"A c D. Is delivery address different from item 1? es 1. Article Addressed to: If YES,enter delivery address below: 0 No P, _. Univ bPy_ D 3. Service Type Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7001 0360 0001 05E1 3104 (Transfer from service label. , , 'S Form 381'1,IAugustl2dd1i i 1 1 i i i 'I :Domestic Return Receipts I I illi " 102595-02-M-1540 ;it iii 1 1t . t UNITED STATES POSTAL SERVICE 1 11 11 1 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• _._...\ K ..) ; (..., IN\c_L.c5-LnL. r v_...._-- ,S --L__.--k-Lot '1`-‘- (9. 7( i I III 1111111111 III I?l!IIi1iiti4 I.1.1IIIII1IlIII Ill I:IIIIIII _ I ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. // 0 Agent II Print your name and address on the reverse X d__ ❑Addressee so that we can return the card to you. B. Received by(Punted Na tie) C. II• •0 Dolivery ■ Attach this card to the back of the mailpiece, ••• (� or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No 1.1 tz 1 4 0�. y` S-�``, va`4" Y� � k p /yam r1 3. Service Type u ( N l l dl3- T 1.Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from servicelabegf 7001 0360 0001 0521 3500 PS Form;3811,August 2001 ; a j! Domestic Return Receipt 102595-02-M-1540 . . UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name,(address, and ZIP+4 in this box• ___ ., k4)___‘D c Li ___ \—LC2--)'-+ \ I„v.__ pcs:-- (D___ic), )��6i l <°-( -7 i t indi,,,iii,i„i,,,i,,,ilii,„iilwiniil„f,,,(I11,,,,1„11 - ' ' -: COMPLETE THI SECTION kK•MI:144i41ri1: 01101ti ler•1as1riztY • Complete items 1,2,and 3.Also complete AX Sign item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Rece"44.,by(Prince N ) Cr Da�q o elivery • Attach this card to the back of the mailpiece, /�j, Nal or on the front if space permits. o ` D. Is delivery address different from item 1? Y 1. Article Addressed to: If YES,enter delivery address below: No \,k.1. 9.3 &- e(4 3. S rvice Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. -_ 4. Restricted Delivery?(Extra Fee) 0 Yes ;PS 102595-02-M-1540 •ll UNITED STATES POSTAL SERVICE First-Class Mail I 11111 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • N. ---•••--\. '(4-_0‘ fr\__MC--L —/'-- L'\/ i'. .__ tC) \ C21. ) c r, ��. _ . 1lit1;is!iifMIbiFii s 1 1111=11iiiiitiAtAl" i t J.KEVIN MCLAUGHLIN Attorney At Law Winds Way Professional Center 44210 Rt.48,P.O.Box 1210 Southold,New York 11971 Telephone(631)765-6085 • Facsimile(631)765-1856 February 23, 2004 Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application of Sampieri —No. 5483 SCTM #1000-118.00-02.00-012.000 Gentlemen: I have enclosed the Affidavit of Sign Posting, along with the four (4) Return Receipts from the notices mailed to the owners of adjoining properties in the above-referenced matter. Very ru yours r1 1 - aughlin Encs. Hand Delivered ,1 k.n) 10 . zoo , _ , - • Variance Under Section 100-33, based than the-code,required 50 feet:from.the: 12 7 F Each hearing will notIsartgarlier-4Mn IL EGA L'N OTICES on the Building Department's May•8,x, WaterfrOnt,palcel, '4.-Eifg1:,;if-n-,,. STANLEY-111AL014--.•'+-designated above Files are available for • t 2003-Notide-of Disapproval,concerning4iL„,„12'and,i!awao-p-me,licirirstbrage-house;*_#5183 :;Applicant requests:- ' ; review_during regular businesibourk-If '• LEGAUNOTICE . the location of a swimrliiniAitiWin a located in an area other than the Variances-under S,ections,,10(i-IO2,ancl' you have questions,please dci-itot hesi - -SOUTHOLD TOWN side yard instead of the•-ecide7required .1•`:required-;••Yaraxat'11:05i,C,ifivese-ckf,`:;.;•% 100 103C based on the EUOink, tate to call(631)765-1809.- BOARHOYAPPEALS • rear yard, after the as-builtdeelc-was1-' Departmenei May 20,•'2003-Notice of,i- Dated:February 6,2004. • • THURSDAY,EERRUARY 76, s constructed,at 515 Horseshoe Drive, , VERA BAKELAAR-.. Disapkoyal „BOARD DRAWEALS„. -20611-PUELIC HEARINGS` _ Cutchogne;CTM•95-4-1827. - • W5479;'This-is a requeSi.for-WYariartee 7'lionloeahitiltige-Oebuildiiii'VvititleaSs'i• . NOTICBIS HEREBVGIVEN,pur- 10:10 a.m.-JOHN and SANDRA- under Section 100-244, bksed 6n-the:' I-thail=30,900,Sq.;it.. ' - '171-VOLRW.V.Karq suant to Section'267 of the Town Law SCOTT#5480This is a request for a :Building Department's,January 5,3)04, building frontage,greater dian,60.1inear-i ' By.LindakOwalski and Chapter 100(Zoning),Code of the Variance underSection 100-30A.3;-• Notice-'of Disapproval i*concerning w feet,'and-(2)-IntelOretationciOSedtiOn: 29241.T F12 . Town of Southold;Ithelf011oy;ing-public ::„based on,the Building,,Dgpartment's i.;proposed addition and'alteratiOns,With"-4 100 102 Bulk Schedule based on t*:.ch hearing's will be by ',the ..Novernber? 17, Notice r'''t6ta11::lot,coverage'exceediitg'die'-eode' Building Departments May'20, , SOUTHOLD-TOWW•BOARD''OF concerning proposed addiP of 20%, at 45-13breith,liace;1 Notid.OfDisappfoVal,te-deterininethak 1101- APPEALS at the Town"Hall,'53095 tion at less than 50-feet from the front Greenport;Parcel 1000-41-1-21. • multiple occupancies do not require of Main Road, P.O. Box 1179; Southold, lot line,' at. 31025 Main ROad,,..- 1:15p.m. GARY MANGUS:_-a0- additional 30,000 Sq.-ft.-Of land area ek New York 11971-0951, on THURS-. dutohogiie;CTM 102-2-23.4.-. ,• MEYERS#5475.:1-his;-is'a,.•, -_fierinittd"Luse:ii(Ithe-B-generalBusineSa' rig DAY, FEBRUARY 26, 2004; it the.' 10:20 a.m. DARRIN SKREZEC _request for Variance-S-1 tinder.Sections_ Zone District.-The:applicant is prOpos- times noted below(or as soon thereafter #5482. This is a'request for:. (a) ,1100-239.4-ancl-•100244,thased on fhe• zing One_commerciatstilACture.3vith wird aY as possible). ' Interpretation under-4.Secticny,' 100 Buildui1, Department s December 29 threedifferentpermitted uses with eight 9:45-a.m. JOSEPH-AND ELIZA- 81A(6)-as'to whether or a•landicap•=-;' ‘2003Notice•Ofbisakneval,'cOt(cerriing-::;:',•tenniits/:6eCtibanCieS 53,821- sq. BETH GORDON.--Location of ing business is-Permitted to,stock pile proposed additions and alterations',v.,the T.,'ft7,•pardel:'Loc4iOn-,61,Piriperty: 32845 Property: 485 Gardiners -Lane, landscape Materials,as an accessory use existing dwelling at lessthan75 feet•-"•-......N*TR041,-,90ioknpi'Frvi 97-5-4.5. Southold; CTM Parcel,.1000-70-8-29: without the-;•need,. ir a' Special 'froth the bulkhead,less,than lii?feet onc.. ;Zoite_District,')i-Bukiiies,i4;i:-- • - • Applicants recluesi:_ Exception and (b) alternatively a a single side and/leis'than 25,ft total 2 f10":6:-..p m ,1,&C•I'AOLDINGS (A)#5470 Variances are requested ` Special Exception under Section 100 side yards at 1295 Island View.tane;irfContract Vendee(Owner Doll)#5419 under Sections 100-242A and-100-244, '81(B)(2)fora contractor s yard usc at Greenport CTM 57 2 16 App1icmntrequests Variances under based on-the Building Department's 32900 CR48Peetii*.CTM'.74,014.32..H.,:iP- 20',...pftir.'‘'f,T•M740.:arid No'ember 25, '2003 . Notice ,of Zone:Limited'Bii.iiriOSsc,-,''*`",•-;-„f; iSTEELE`;#5.08:-Iliii•is4sequestfof a based on die,74inighk'.pePartment's DisapOreval,which states that'the pro- 10:30 alit"-JOHN and JOYCE -1--,Vaiiinee':Underc.:SeetiOri-.100731k,Eand-t11-NOVernbet;;T:17,-.',;20021-,'<INotiCe- of posed alterations and-additions_to the SAMPIEW115483.,..:111isis4eqtiest fofk--4400-,"-242A,r-liased on thef'Buildinet.'":1)isapproVal;',AnieifdedrAligusti,6,,2003,• existing,.dwelling which will be less a Variance under SeCtions,.`10V-242A4"upetiarnnent:s'December 5,:2003"NOtiec-:-%-.7.:;coneerfling 4:POPOK.,loCation of anew thari-40 feet,from the front lot line and ,and 100-30AXybaied on the Building of Disapproval concerning proposed dwelling w4h setbacks (a)at less than less than 50 feet froin,the rear lot line. pepartinent!s'DeCeinher-4;,200377ishitice(-4140itv*andlterations,-,afless than 20 • 50,feet from the front property line and Als6,the Building Inspector has'deter- ,of Disapproval coneerningi.'0440,;44ifeeetOik;a-sinille,S'ide yard at 42500CR (b)less than 100 feet kom the top of the - mined that under Section-100231A(1);a alterations'and arlditionsiqt40)),Eistiiii;4f•A§-.i.iv*iitti6k;04:408-27.7.4 0 NciFtk'*s79.004- _second dwelling unit is not'permitted dwelling at less than 15 ft.On;a=sinl,le 1 30 p m MATTITUCK:TaIR181*-4-64ent;g1V44A1V48%;?.E--'2,7.,'`...,*, above the garage for the reason the, - side yard,.:::-'4;)j,380',:-Braiheiif;*iad;-:----,T1,1StRICT.454,85'..Tiiis-is a request for230 pm TOWBEE LLC (SEA code allows 'one family -.detached .,„-„cutchogue;t'ardel,10,604184.12:. . -!1,:NaiiatiCei inicleeSe'OtioiiI466,92'i+and-'!''''7OWS'OTHOtS)10492i--Request dwellings not to exceed one dwelling STEPHEN PiS.ketiSfY:1.-q,4ptyr33B'(3);-7,Wased. on the Building for a Variance:041:45,4tiOn 400442, on each lot"- 45490. a-re-qiieSt'l for a Vaiiiiiee .kepartnierit'S January 2 2004 Notice of based on the Buildrng l)epartment s (B)-#5471-,Special•Exc\eption•under Ainder Sections-.100-7242A,-*id1001,tiliDisapproval•; amended', January isapproyal, Section 100-31B(13) for aniAccessory --.244B, = baSecl''„, on the Building 2004 concerning a proposed addition • concennmgtt#P-Aiii4.134t.4107-con Apartment in. conjunction with the bepartment'k,-)DeeernhOr 26,..112003i::;,,,,4ith,n"front yard'§etback:aksgJ.ttiltl*-, Ani:ilti*"400,-#1*,j,;(0iiiio,000 sq ft. owner's residence. ---a.• - 'Rake of Disaiiii-OVal,'.c6nceining-PrO4_,I;;-';"feet and canceriiing=:5;firOtinSed'Aiieifier LI Zone 9:50-a.m;THOMAS'CORNWELL additions'nitd?ift6rition:i*le0.-,', :blinding at less'ithinliveleet from the DiStifcf.-4•Aatibrii";4,-060eitY:•700 #5473.Thisls a request,for a,Variance. --than i-40."fee(froM.-.'n•te.ifient;.lecline-;%atfi- side'and"and rear'lot lines,4C 106,0*4-„-,:litiiiiiielAyeAqe,,,,S&0010;=-CTM 63-2- under Section-[00-30A,-based on the 16155 Ck•1.481.,Cutaiogne;::.,Parcel Street lylattitnek;;CTM14-0, 14:1::' Building DetiaitrileniTs,-pecenaber 1, 10001101-115,1;,1, i:,..,1,731::40p.iii:,[01IRPTOP-E12--DiUROY.„'-'4--,,.,;-(i.-;•00,040-;cic**4.1tFwili,hear,all 2003 NoticeofDisapproval,concerning ' "10i:50 am `.„1_,PitsE and RITA #5481 Tins n-ic,qnesi.,'ztOr'-n:-Ynitniis -±.:'i:ie'i'g6ns,.;6rAnir.te,pkFsent..aOes,"desir- . proposed-additions and alterations,at LICALZI#5488 This is a request for a under Section 100 33 based on W1114 -iiikiti;;;op-'464,iii,i-ar,eiq4.**ing,and/or less than 15feet on a:-..single.side,set-..--4..Variance under keetieti.460;,33g.,based_p:,,:',Buildityg DepartMent's',v6voci*e:25:; " desiring to submit wntten statements back,-,at 500 West, Cove Road onthe Building Inspectors De-CeMhek:,- ;'200`34‘ictiekocD:isn'pyrointconcerning before the conclusion of each heanng Cutchogne;Parcel 4000-111-2-8.1.' • 8; 2003-Notide:`OF.DliapPcoi4.1-(aiid.;`,, a proposed accesiOty-44***4e!.t,'id9zsliz,t,,,-,,,,,a-;Viiwdt". -10:00,a.rn: JOHN and VIVIAN renewed ,the code limitation of,A.Kfeeti, at 577 SEE PAGE 36A FOR HINTON45471:Thii1i-i request for a kbad; - - . • . • U.S.Pc, . •Tz r.Z- ,.CERTIFIED MAIL ' • - (Domestic Mail Only; No Insurance Coverage l ded m WOW, 4135 U S 0.37 UNIT IU: 0971 ru Postage $ 2.30 O Certified Fee ' Return Receipt Fee 1.75 Postmark O (Endorsement Required) Clerk: KKOORO O O 0 Restricted Delivery Fee (Endorsement Required) 4.4 0 / ,04 Total Postage&Fees -0 Sen} V—Q— %Lk" vQ� "fin I hC.i Street,Apt.No.;. (a U b y r 1 � o►PO Box No. N City,State,ZIP+4 ViC1� ( l orm 3800, anua I I 174 11 7IMFRY.— U.S.Ppstal Service .;_CERTIFIED;MAIL RECEIPT(Domestic Mail Only; No Insurance Coverage ide. — cNEM YORK, I,tY 100?5; % ilm } f , , _ ”zrq limn UNIT ID: 0971 ru Postage ul O Certified Fee x.30 ReturnReceipt Fee Postmark 1111111111 O (Endorsement Required) Clerk° KKQQk0 O Restricted Delivery Fee (Endorsement Required) CI Total Postage&Fees 02/04/04 ..J3 MINA mi To m ,�n S tyrol&b. .,_VI cc,__ I Y M. ITV. lCs- rq 0 or ec Box No. +3 klA O .I. N City,State,ZIP+4 v` c) i 6 PS Form 3800 Janua 2001 See Rever - . 1 =Mum U S 'Potal Service -;'CERTIFIED,MAIL RECEIPT (Domestic Mall Only; :No Insurance Covera.e Irovided- m �CUT 1OGl a 0 .04 351 A frIt:, kJ, i;- 0.37 UNIT ID: 0971 ra X1.1 Postage $ ul D Certified Fee "30 r-4 ReturnReceipt Fee 1.75 Postmark p (Endorsement Required) Here o Clerk: KNORO O Restricted Delivery Fee (Endorsement Required) 4.42 02/04/04 O Total Postage&Fees rl Street,Apt.No.; r lP 7 cis t CI orrPOPO Box No. O r.. City,State,ZIP AoC1��. ( l i`7 3S <Iigl k1t. upt— CERTIFIED MA - - • — (Domestic Mail Only; No Insurance Coverage i.e• D o NE4 YORK Ny i 3022 A L U S [L rq 0.37 UNIT ID: 0971 t1J Postage $ `^ 2.30 O Certified Fee 1.75 Postmark 1-1 Return Receipt Fee Here D (Endorsement Required) Clerk: KKOORO mRestricted Delivery Fee (Endorsement Required) 4.42 02/04/04 Total Postage&Feea al rn S rZ(L.baM Q� �1c.1h‘ r•1. Zt_kt� 1, or Apt.No.; 0 e..61-1-0,-...St--, ..6�+\ . , d,p O or PO Box No. � 1�` ({, D , Clry,State,ZIP#4. �uCk I PS Form 3800,Janua 2001 See Reverse fo i rr.Iit; 1/4 •'lJ ,.N ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT John J. Sampieri & Joyce A. Sampieri OF (Name of Applicants) MAILINGS CTM Parcel #1000- 118.00-02.00 -012.000 • COUNTY OF SUFFOLK) STATE OF NEW YORK) I, J. Kevin McLaughlin' residing at 680 Old Orchard Lane, East Marion , New York, being duly sworn, depose and say that: On the 4th day of February , 2004, I personally mailed at the United States Post Office in Southol d , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current • assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office • , for every property which abuts and is across a public cr p"vat- - , o I vehicular right-of-. way of record, surrounding the a...'-.-vs prop:rty. r t ■.. �.i� J. Kev7n Mcl( fafitore) • • Sworn to before me this • It1 day of February , 200' Di-kor (/`- i (Nota "ublic) IBONNIEJ.DOROSKI Notary Public,State Of New York No.01006095328,Suffolk County Term Expire:1July 7,20 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers • next to the owner names and addresses for which notices were mailed. Thank you. NAME ADDRESS _ Richard & Jane E.Downing 1289 Bayberry Road, Cutchogue, NY 11935 SCTM #1000-118.00-02.00-010.000 Myron & Julia M. Matlaw 43 W. 93rd Street, #14, New York, NY 10025 SCTM #1000-118.00-02.00-013.000 Lizabeth & Jennifer J. Burrell 420 E. 54th Street, #24J, New York, NY 10022 SCTM #1000-118.00-02.00-011.004 Carl H. Schultheis, Jr. & ano. P.O. Box 987, Cutchogue, NY 11935 SCTM #1000-118.00-03.00-009.000 tN4M1.i 11;I i'g kaYW5H i01ts12,aildn4NA tinuo3 god?.,9S£'mu0i0.61 OM likiLvsligx3 mill OFFICE OF ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax (631) 765-9064 January 26, 2003 Re: Chapter 58 - Public Notice for Thursday, February 26, 2004 Hearing(s) 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) By February 9th: Please send the enclosed Legal Notice, with both a cover letter including a contact person and telephone number, and a copy of your survey filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks, or right-of-way that borders your property (please see revised Town Code Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (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. Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, name and address's noted, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail 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 February 17th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for at least seven (7) days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The hearing will be delayed 2 months if your property is not posted properly. Please-also deliver your Affidavit of Posting to our office-on the day of the hearing. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff . • �+IuTli. _ ur t�► : Irl A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road , Southold , concerning this property: NAME : J & J SAMPIERI 5483 MAP # : 118-2- 12 APPEAL : SETBACK PROJECT: ADDITIONS / ALTERATIONS DATE : THURS . FEB . 26 2004 10 : 30 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 01/27/2004 10:21 63176519 KEVINMCLAUGHLIN PAGE 01 01/27/2004 10:06 6317659 ZEA PAGE 01 ZONING BOARD OF APPEAL Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 FAX Email: Lind .Kowa( i Town. uthol .n . _s Jessi - : •.e @ Town. • _ .1..n . t tDsQ tthhoidtcwn.northfork net TO: KEVIN MCLAUGHLIN FAX#: 765.1856 DATE: 1-27-04 PAGES: 0 to follow APPL OF: SAMPIERI HEARING: Thursday, February 26, 2004 TIME: 10:30 AM RE: Please let me know if you are available at the above date and time for a ZBA Public Hearing in the big meeting room located at Southold Town Ha I. Thanks, Jess Y S _ ' `� „ xiz• ckuatAtiP4-tc ' ZBA fax# 7654064OLA— e n OkOvo5 — %.4(- Ce/L.— <LIL• ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 FAX Email: Linda.Kowalski(a,Town.Southold.ny.us Jessica.Bogera,Town.Southold.ny.us http://southoldtown.northfork.net TO: 40,,,.,, N, ,,,,_,,,,_,- FAX #: (oS - A Cc5 L DATE: I ` -1 . P L PAGES: to follow APPL OF: So.--' e' ; HEARING:. vutt rgv,--j- CU) eA-AIJI-Lc/v‘ RE: r y•