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HomeMy WebLinkAbout5334 rf D . ` ` '[�� s. .:,"s �.� � n._► n_fL . _ 7 . 1 -03,.. - a_a a4 • • • • • • II • 'Zj', , • g�FFOI APPEALS BOARD MEMBERS / c 3 CO Southold Town Hall Ruth D. Oliva, Chairwoman t Gyp 53095 Main Road Gerard P. Goehringer ; y Z P.O. Box 1179 Lydia A. Tortora ‘`.‘,%1 'Pr $ Southold, NY 11971-0959 Vin��Fl 1p1p�� � r� Tel. (631) 765-1809 JamCS�Pf�i�7r. ��,r Fax (631) 765-9064 ... ..e'' AUG 2 7 2004 http://southoldtown.northfork.net �.�i BOARD OF APPEALS RECEIVED P Southold Town Clerk TOWN OF SOUTHOLD `100 PM FINDINGS, DELIBERATIONS AND DETERMINAT , A 4.9 004, MEETING OF JULY 1, 2004 ZBA#5334 - DEBRA VICTOROFF Southold Town Clerk Property Location: 445 Dogwood Lane, Southold CTM #54-5-29.1 and 55 (combined as one) 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 8,948 sq. ft. vacant parcel has 109.32 ft. frontage along the west side of Dogwood Lane, lot depth of 77.54 feet along the northerly side line and 86.17 feet along the southerly side line, as shown on the November 4, 2003 survey, amended May 20, 2004 by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's February 11, 2003, Notices of Disapproval, amended August 25, 2003, August 26, 2003, September 15, 2003, October 16, 2003, April 8, 2004, April 20, 2004, and June 14, 2004. The reasons stated in the Building Department's Notices of Disapproval ('ND') are that under Code Section 100-244, the new dwelling will be less than 35 feet from the front yard line. (Reasons indicated for amendments to the Building Inspector's ND reflected correction of errors and applicant's changes in revised map changes and lot coverage calculations, and June 14, 2004 reflecting map changes requested by the Board of Town Trustees pertaining to the wetlands reviews.) FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on 6/19/03, 7/10/03, 8/21/03, 10/23/03, 6/22/04, 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/AMENDED RELIEF: Applicant wishes to construct a two- story, single-family dwelling, at less than the code required minimum setback of 35 feet. On March 17, 2003, the applicant submitted a proposal for a new dwelling at 20 feet from the front lot line, and 18 feet from the rear line, as shown on the August 27, 2002 survey prepared by Pat T. Seccafio, L.S. Based upon Board Member discussions at the June 19, 2003 hearing, the size of the deck was reduced from 10' x 35' to 8' x 20', increasing the setback for a 25 ft. rear yard, and increasing the front setback from 20' to 27' (eliminating a front porch). The applicant indicated his intention to submit this revision with documentation to the Building Inspector for code review. On September 12, Page 2—July 1,2004 • S ZBA No. 5334—Debra Victoroff CTM Nos. 54-5-29.1 and 55(combined as one) 2003 the applicant's agent submitted a revised plan proposing 19.76% lot coverage, confirmed by the Building Inspector in an amended ND dated 9/15/03, which is less than the code's maximum limitation. Over the next few months the applicant proceeded with the Board of Town Trustees under the Wetlands Ordinance. On June 8, 2004, the applicant submitted an amended survey dated 5/20/04 prepared by John C. Ehlers proposing a 10 ft. front yard setback (with conformance on the rear yard with a setback of 35 feet or more, and meeting other code setback requirements). ADDITIONAL INFORMATION: During the June 19, 2003 public hearing, the Board considered the applicant's testimony, and considered the letter submitted by Thomas Rozakis, an adjacent resident/landowner, to postpone the oral testimony, for the purpose of obtaining legal counsel. The hearing was adjourned, and at the August 21, 2003 public hearing, further testimony was submitted. Discussions included the amended maps to reflect a lot coverage of 23+-% and front yard setback of 20 feet. The applicant was asked to submit these changes to the Building Inspector for a review determination, since the basis of the appeal (ND) may need to reflect consideration of the lot coverage or other revision. On August 27, 2003, September 15, 2003, October 16, 2003, April 8, 2004 and June 14, 2004, the Board received the Building Inspector's updated reviews and amended NDs based on the provisions of Zoning (Chapter 100) for this project. The final ND dated June 14, 2004 indicated that the project was disapproved for a front yard setback of less than 35 feet, removing references for other relief under the zoning code. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Field visits to the site and surrounding improved parcels were conducted. The property is vacant land, consisting of only 8,948 sq. ft. of area. Applicant wishes to obtain approval to locate a two-story "L- shaped" dwelling (with variable width at 34' and 14' and variable depths at 20' and 34'), proposed near center on the property and at 10 feet from the front lot line, instead of the code required 35 feet minimum. The distance between the edge of the pavement along Dogwood Lane and the proposed location of the dwelling gives an appearance that the front setback is greater than 10 feet. There is not enough room on the applicant's property to place a house without an area variance from the code required 35 ft. front setback. The dwelling will also conform to the code requirements with regard to minimum side and rear setbacks and lot coverage limitations. To the west are similar-sized lots improved with single-family dwellings. 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 base footprint was reduced by applicant to meet the allowable distance to the freshwater wetlands. At the south and west Page 3—July 1,2004 • • ZBA No. 5334—Debra Victoroff CTM Nos. 54-5-29.1 and 55(combined as one) portions of this 8,948 sq. ft. parcel is a 2150+- sq. ft. restricted non-disturbance buffer and wetlands, and to the east of the proposed dwelling is a restricted area, largely for containment of the dwelling's sanitary system. To the south and east are a driveway and front yard areas facing Dogwood Lane. 3. The variance granted is substantial. The reduction requested is 10 feet, which is closer to the front lot line than the code required 35 feet. 4. The difficulty has not been self-created. Although the applicant became aware of the layout and size of the lot, a dwelling cannot be placed on this property while meeting other restrictions under zoning, wetland, building and health codes for the construction. 5. No evidence has been submitted to suggest that a variance in this community of single- family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. On June 27, 2002 the New York State Department of Environmental Conservation issued a letter of determination under the Freshwater Wetlands Act (Article 24 of the Environmental Conservation Law). 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new 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 Member Dinizio, and duly carried, to DENY the original variance as applied for, and to GRANT the amended relief, as applied for, shown on the amended survey dated 5/20/04 prepared by John C. Ehlers, L.S. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, Page 4—July 1,2004 • ZBA No. 5334—Debra Victoroff CTM Nos. 54-5-29.1 and 55(combined as one) setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, and Dinizio. (Member Tortora was absent.) This solution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 8/27/04 Approved for Filing SURVEY OF IROPERTY RECEIVED SITUATE: SOUTHOLD N TOWN: SOUTHOLD JUN 0 8 2004 SUFFOLK COUNTY, NY fio. Yin p 'I4 v ',4- w I'— E SURVEYED 11-04-03 ZONING BOARD OF APPEALS r AMENDED 05-20-04 Li 9n w SUFFOLK COUNTY TAX 4 i\ �. 'Yj +r be-v S 1000-54-5-241 %r e cr -Q, '-v K4.6 J J 1000-54-5-55 ;0 0\` e'e0 d t 4.20 ; Debra Victemf C7e.,P igb ,6 SOC 47 oa`p� ' , Wallington Manual The Commonwealth The DQ1 a /tt. / W \cd0 Q Cp eb itt� I', . ��o ON \ '1� a' w La-I,S:`. Q60,.,...„, ,ID OC`V / ;Q ��}}� 2"o$h-gc- � . •, rv°Q;;Mc' \' WW /Q ppilf 0 31 yia \' / P;\ ' / ;,) p : -oy..\) „, a_c . 5: ., ci 6 .,, .. a. / \a\ LN Cel ° E5E Hole • •,, y c ac6c etc ,),. . V A& c.s / / . Q.: DI w 5 , IX • 19 S, \i Q. c RCT-.1NNC-' \+-LL ()• b, `p C` a� 'ct t. :,case. 4- a riv Fia=g=11=11=11=11=1 ;-4H_____ ±.._ _. -- •I -_ — n .e , I - E. F-:Ct : E_' L, , -L-'c..Ersd -,r, NOTES: ELEVATIONS REFERENCE NSVD 29 I I \ s, ) `II 0 PIPE FOUND • STAKE FOUND RRESIDES ENTIRELY IN ZONE AE (II) - ' REFEF MAP No. 3610300154 CS DID . MAY 4. 1998 AREA = 8948 sF or 021 acres JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC SCALE I'= 20' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\Hp :ewer\d\PROS\03-287.pro i • NOTICE JUNE 22, 2004 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS 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 hearings 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, June 22, 2004, at the time noted below (or as soon thereafter as possible): 10:20 a.m. DEBRA VICTOROFF #5334. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM #54-5-55 & 29.1 (as one lot). 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: May 26, 2004. Ruth D. Oliva, Chairwoman Board of Appeals Plike • FORM NO. 3 \QX (?b NOTICE OF DISAPPROVAL DATE: February 11, 2003 AMENDED: August 25, 2003 AMENDED: August 26, 2003 AMENDED: September 15, 2003 AMENDED: October 16, 2003 AMENDED: April 8, 2004 AMENDED: June 14, 2004 TO: Jim Fitzgerald NC Victoroff PO Box 617 RECEIVED Cutchogue, NY 11935 JUN 1 6 2004 Please take notice that your application dated February 11, 2003 For permit to construct a new single family dwelling at ZONING BOARD OF APPEALS Location of property: 445 Dogwood Lane, Southold, NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-244, which at non-conforming lots, measuring less than 20,000 square feet in total size, require a minimu front yard setback of 35 feet. J Following the proposed construction, the single family dwelling will have a front yard setback of+/- 10 feet. This Notice of Disapproval was amended on August 25, 2003, to correct lot size and coverage calculations, on September 15, 2003, when the applicant reduced the scope of the project to address lot coverage, on October 16, 2003, to correct errors, on April 8, 2004, following changes made by the applicant, and on June 14, 2004, to address changes made as a result of Southold Town Trus • sero �Aut ed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. e APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS -_ 0.J _—_ -P-nr Office Use Onit -�II'II6 Fee: $ . /Filed By: Date Assigned/Assignment No. 33 Office Notes: 445 & Parcel Location: House No. 505 Street Dogwood Lane Hamlet Southold 55 & SCTNI 1000 Section 54 Block 5 Lot(s)29. 1 Lot Size 8948sf Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 2/11 /03 Applicant/Owner(s): Debra Victoroff Mailing Address: 610 W. 110th Street, Apt 10D, New York, NY 10025 .- alba- Telephone: 212-222-1529 NOTE: If applicant is not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: James E. Fitzgerald, Jr. / Proper-T Permit Services Address: PO Box 617, Cutchogue NY 11935 Telephone: 631-734-5800 Please specify who you wish correspondence to be mailed to,from the above listed Dames: ❑ Applicant/Owner(s) Kl Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1 1 /25/02 FOR: 4Building Permit ❑ Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction • Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXIV Section 100- 244 Subsection Type of Appeal. An Appeal is made for: C}j 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 0 has<S has not been made with respect to this property UNDER Appeal No. Year • Appeal Application, Continued Part A: AREA IARL-INCE RE.4SOAS (attach extra sheet as needed): See attached sheet. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety,and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE(if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observe" / The public safety and welfare will be secured ansubstan:l just* di f, _ �/� ' ' d1 " Signature if Appe I an—TrA �orized • ent Sworn to before me this (Agerr ust submit Autho' tion from Owner) `dayOixt 2003. � \ _�_.ln BONNIE W. MAZZ,4FERR0 Vf'T"^" " York (Notary ublic) ZBA App 08/02 REASONS FOR AllIIPRIANCE: •1 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The relief sought is to permit the construction of a modestly-sized residence with amenities which are not unreasonable. The size and location of the house, both in the neighborhood and on the property is entirely within the existing character of the neighborhood 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 small non-conforming lot does not permit flexibility in the location of the house on the property considering the setback requirements of the Town regulations. The size of the house is thought to be the minimum which will preserve the character of the neighborhood. 3. The amount of relief requested is not substantial BECAUSE: The immediate neighborhood consists almost entirely of older, smaller houses which are set back, both front and rear, about the same distances that we are proposing. Although mathe- matically the relief requested may appear large, practically the relief if granted will allow a house very much in keeping with those in the immediate neighborhood in both size, appearance, and setbacks. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: It is unlikely that the incremental effect of the addition of one single-family dwelling in the existing neighborhood, which is fully developed except for this lot, will have any impact on the physical or environmental conditions in the neighborhood. 5. Has the alleged difficulty been self-created? ( X) Yes ( ) No 6. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. STATE OF NEW YORK) COUNTY OF SUFFOLK) 11. el � - / /6-t(42r es E. Fitzgerald, Jr, , ent 'roper-T Permit Servic s Sworn to before me this 1 \-\ day of \vt , 2003. aONNIE W. MAZZAFERRO r NOTW:tt '',rM � \l-.�:.� ��' Notary Public and,. SS' i TOWN OF SOUTHOLD PROPERTY RECORD CARD V,, 3, OWNER -STREET -=1 - ` VILLAGE------- DIIS-T —SUB. LOT__` — -- b ro CA i c_ orofF .7. '''''` ' -- i �� ,< l --- -- _FORMER OWNER") N I-E / i - ACR. 2b cOr0. V. Kale 2( a no K)YiMcrG 1 c,,cF ., : 1:4,-- -4 C-14.1 c? i (al eh duo re S1 n`l0 et IA) S,(/ !I::t1y TYPE OF BUILDING C `, r' % Cl eg /�'--//,.rj'.,gar,.. , , . ,- ,r ! � ---- —. C3 c , _ f N n_rn s G -- .1_ RES. SEAS. IVL. FARM COMM. CB. MICS. Mkt. Value LANDIMP. TOTAL DATE REMARKS -11 /6,; O ,.,-6 1 -0 j • L )4Q7. r"iso‘ - ..e.., 'ro • ( uun=. SHia -Ifo _c0]SS?A . - ---------- aZ ± z Ci-r7 J ill el a .a , 2 2 - - - 1 i • ." Y 11 . t6t-,.. __Lo,p,7 Qt — 3 O a 3 o o z/a7 �?d ri--t -4 vsr>9:, -se,t;7' .54/e -N t/;$ tGa- .k, y4-t_ t.� (� �'� k r1� inO092- O3-� �T4l -l-363oY -.796 - sp?.-L' 69 x c92 -lnYYi54Ge-ct Ge � " � 11ti L1c 1 ) .�r4Gla eS1Ma. ' uek 0 4/,04COO Li LI , 0tD ? - 22 . 0 "755 -thve f010 \I iciz. roV 4( cicif)c) t 1 )2-71°3- lO3- C OwnF11 rl.e pay C -t5 c? 5 'P r ci,aP ci -- • AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE • FARM Acre Value Per Value Z7 Acre r'r3 — 1 i � -J1�v9 Tillable FRONTAGE ON WATER C � `' -= Woodland FRONTAGE ON ROAD ' I `_ Meadowland DEPTH -----------+-- — — - 4 -- --'-- House Plot BULKHEAD Total DOCK ' TOWN Of t = . ' CARD M_ , R Vi chyolf . 4P5334 STREET sr5-- VILLAGE DIST. SUB. LOT FORMER OW,N,FR N a E ACR. 2 hn NMI it SCA Omekii -1i ' c! Ro ve 4 c)YS 0, l I NOYY 1 .' .- L - S W TYPE OF BUILDING 31.1cft IDQ9 W.-1,4%d s '. CD cl C1`<tiaLcselI tirtet- - - -- RES. SEAS. VL. 3 ( + FAM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS • • - • • I '.ac-iiymr// ``�n (VOYYC� fta?/u - (p9XP�o `300 te�v 3c)(3 /6'.3 * /- L34c3C 594 • �c l; ' ]`I,,CYYtS £& (.t (`(�aYv is - 19:le iTA 1 \\z1 \€1 L\o411 P 9•- kofr's, s�- +z) ave4 Prw 022 cob AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER 1 Brushland _ FRONTAGE ON ROAD 5a ',� G S 2-n I House Plot DEPTHe 78 civ I BULKHEAD 1 Total DOCK a Os • ,c O I THE SITE OF THE PROPOSED „r r PROJECT IS SHADED 44, {,'•.o / *44:, rip _ / si *as %se, 1 41, 44, / r .%° t `').4, •• As 414k •tb 1 I 751 p • 4,. 4 - 4., , 4Q , ,.,, , , 4, 4,, „its*, cfr., , , it , , „ .,„ _ . -urcir4t, 0 ct°7•- "IP ,..„. / Si* 40 t4, .q. -Jo * - sk lis 4,,ar' , 44 ' 4 . / ---- WKS& , ‘ 6 441/fr * )INk Itigrer -'4- fir 2 VS ta 4 2jr h . GREAT POND Arits. <,, 'rlIEETONS LPKE! ` � „‘. ® SUrFa+COUNTY sic, r ry 25 A P Q� . ..sa�4 ° O n� pI cr ,Sui ©e Sialtt TAX MAP Application of contract vendee Debra Victoroff, SCTM#1000-54-5-29.1 & 55 Represented by PROPER-T PERMIT SERVICES P.O. Box 617,Cutchogue, NY 11935 James E. Fitzgerald. Jr. 631-734-5800 May 21,2002 1 • ( 1' 1_ i SURVEY OF ROPERTY RECEIVED I SITUATE: SOUTHOLD - N TOYIN: SOUTHOLD JUN 0 8 2004 SUFFOLK COUNTY, NY . /f6/aa o 1 J./ W1.4--vE SURVEYED 11-04-03 LTo1��NG BOARD OF APPEALS AMENDED 05-20-04 # \�0�� tit) 4grjq ,°Lbijc SUFFOLK COUNTY TAX OC J� oZ No Ayr), s 1000-54-5-2q.I �, 0 q�is /v o P1 e,. 1000-54-5-55 4'. 0 Q e/60, / 'cor, cu � 't5 S6- o hom4�er7y Debra C.Victomff ,0�� •" �'�► o2q�/S A.,4) Washington Mutual]Bank,E.A. �•, � The Commonwealth Land Title �O.c� g �@a`10 Insurance Co 11 any Q 0 ° , oto c 77 1 Title#REI 811 1• ,1 v 0 �f S �® -.. 1 ei , a^e e/ 4i _, / " V' 7:41, 1(4WC,/ '. kb 0 .' __0-.:‘ 71-y V. / e'' 0 ui L�0 e v.,,n) i_ ° ...!____5,,,$,s;.---_-, v• /O ,, Q��0 os s ss` o,' N 3 //z ,.—---- ....-.,.42 . --,,,.., 0 *--... • k o fr ° v fir_ o- r � - /0,0, a; QD= , a rn=c II' ect 46.=zC�=117 0 /O% ponpdkq iiC:k" ' / / / 4,1-7.t) fl Z' : _, va Al �d F c; —- ' 1 ,',/ y'04 r O\ dl r c,� V O t) Q4_, F— ,iri Qr/V Obsci ^ Jl ie eieq,cy o-_ ,' ry Q'' Test Hole e„,.., A, or I o?� 05-12-87 x 'Or,/ G,/ Top Soli Poo,i, e \ o a i/c ry2i4FP i s6 r �QEer /og t F. Sand 9� eie "0 1 4• t„^�-��° m,-e o �Q 0\)(- ii�y O /y l'VOtor `l �f1C� In ' Sand ,'\/ 90 Q 0( • L Q RETAINING WALL i 1 \ �Q' �`'ys not to scale �j V \I - — — — — — — rf7q to r,f wall ul `1Y 1 , 10 J. ol Por•, IJ"O(. f5"- 0\ 111 1;•u• ;, ,,I I N '—' LOCKING GAST FF EL=1Ir 6 GRADE NOT TO GRADE NOTO COVER TO GRADE EXCEED 5% EXCEED 5% pl GRADE EL=93 GRAD =95 11 ` '11 l/nwrb Ir 1-"'!'c, EL-SO n'",' "'= EL=801 " INV=T4 1 - 1 .'�.. 61ELL=Bb r 1 1 ,_-� 1 HOUSE INV=88 W r ,I INV=73 NV=l9 r e 8'DIA X 3'DEEP 8'DIA X 3'DEEP L 1000 GALLON LEACHING POOL LEACHING POOL SEPTIC TANK i1 1 ,---'I NOTES. i EL=5O l' , EL=5O EL=55 I Concrete to be 5000 p.s i. mix 2 Concrete to be waterprooF I I_ 5. Footing to be constructed on GROUNDWATER EL=3 undisturbed soil 4000 p s.F. r 1- - -Y ;\\� ' .`'\ \ _;`,';:=',',;',:,';'::',:';;'7,,'.::::';!:;.",':,'L".::,„"7:,,.lurril Irlr . NOTES: / . :� /I• ?• 1 ' r1 m,1 "u l-r,nln, •rl lrrl Ibi • `I1� ;,` r,l,;'wi„r �r,r„1��1 Il;,rrr, � ,r,, ELEVATIONS REFERENCE N6VD12q 1 Ise t* ”" ;r,r1 v ' a PIPE FOUND I i� y STAKE FOUND PARCEL RESIDES ENTIRELY IN FLOOD ZONE AE (II) A ..;„:„;,"',.':::';;:',";::;=:::;::=:L':;;;::::' • - i• - l'�` \ ., • '>u , ^vr..�.:n;'4, i.nl ' •. 1.1� I.�I.u, � rnn nti ,in14,nr Ih urn r•.Lnir,i REF. MAP No. 3610360154 6 DTD MAY 4, IggB .,`-, ,.\, s. -` ) 1'°',.'"'"" 'l ''"""1 "i1i' ,- to Ira,rrr ,Irn r Y s,rrr,rr rrl ';).,•--. C---"0-1•/,/ rl.1",;"I,,vlly l;r,L;1'rn,r,rr.. o. yilr,'v,,ru r�r�,r� un lrnr narnrr,�r " 1 \ 1 rl - ' r`-- ,:;.:7" rr rm,rnsYrr n..n1 r .mny nr,InvLrrn nrtrrn X11 - {1 I l4nr.rrr rv,l Ir urnlr rr3na In nr4t11nrv,1 vr�.tllvl lrnrn AREA = 8,648 sf or 0.21 acres POEN C. Ea ! LERS LAND SURVE 'I,I •R 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 GRAPHIC SCALE 111= 20' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\03-287.pro ' uv SIJS/Xrp. I,.r ISM Wp xrverbWto5b3-]Dlpo •• ufFO( APPEALS BOARD MEMBERS ,r��®� Southold Town Hall Ruth D. Oliva, Chairwoman - ���� �� 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora 47$ Southold,NY 11971-0959 Vincent Orlando .. c �� Tel. (631) 765-1809 James Dinizio, Jr. �►�, i Fax (631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD 73� August 30, 2004 F43 )?yrs By Fax and Regular Mail Mr. James Fitzgerald Proper-T Permit Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Application No. 5334 — Setback Variance (Victoroff) Dear M . Fitzgerald: Please find enclosed a copy of the.variance determination rendered by the Board of Appeals at its July 1, 2004 Meeting. Please be sure to contact the Building Department (765-1802) regarding the next step in the building and zoning review process. You may want to furnish an extra copy of the enclosed determination when submitting any other documents that may be requested by the Building Department in their final reviews. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 8/30/04 to: Building Department Helen Rosenblum, Esq. (for T. Rozakis, Oppos.) , FORM NO. 3 . _ NOTICE OF DISAPPROVAL DATE: February 11, 2003 AMENDED: August 25, 2003 AMENDED: August 26, 2003 AMENDED: September 15, 2003 AMENDED: October 16, 2003 AMENDED: April 8, 2004 AMENDED: April 20, 2004 TO: Jim Fitzgerald A/C Victoroff J PO Box 617 � )60 Sys Cutchogue,NY 11935 Please take notice that your application dated April 8, 2004 For permit to construct a new single family dwelling at APR 2 2 2004 G 3.Sq (xer Location of property: 445 Dogwood Lane, Southold,NY ZONING aoMio OF APPEALS County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244,which states that non-conforming lots,measuring less than 20,000 square feet in total size,require a minimum front yard setback of 35 feet and a rear yard setback of 35 feet. Following the proposed construction,the single-family dwelling will have a front yard setback of+/- 10 feet and a rear yard setback of 32 feet. Total lot coverage will be+/- 13 percent. This Notice of Disapproval was amended on August 25,2003, to correct lot size and coverage calculations, on September 15, 2003,when the applicant reduced the scope of the project to address lot coverage, on October 16,2003,to correct errors, on April 8, 2004, following changes made by the applicant, and on April 20,2004 to add an omission. AAso 71111"vorized :i i'ature` Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. - z6( ' /,4.). ' Phi• =4( � / z..SC FORM NO. 3 K y/- - 941g1"1-1 NOTICE OF DISAPPROVAL _ DATE: February 11, 2003 AMENDED: August 25, 2003 AMENDED: August 26, 2003 AMENDED: September 15, 2003 AMENDED: October 16, 2003 AMENDED: April 8, 2004 TO: Jim Fitzgerald A/C Victoroff PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated April 8, 2004 For permit to construct a new single family dwelling atAPPEALs APR 0 9 2004 Location of property: 445 Dogwood Lane, Southold,NY z®1401" 91-.S11 ®F County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244, which states that non-conforming lots,measuring less than 20,000 square feet in total size,require a minimum front yard setback of 35 feet. Following the proposed construction, the single family dwelling will have a front yard setback of+/- 10 feet and a rear yard setback of 32 feet. Total lot coverage will be+/- 13 percent. This Notice of Disapproval was amended on August 25,2003, to correct lot size and coverage calculations, on September 15,2003,when the applicant reduced the scope of the project to address lot coverage, on October 16,2003,to correct errors and on April 8, 2004, following cha • a'e e the a' licant. Autho ' ed' ign. _ ._ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file,Z.B.A. • ' • FORM NO. 3 95'e 3 NOTICE OF DISAPPROVAL cv.qO PCf^ DATE: February 11, 2003 AMENDED: August 25, 2003 AMENDED: August 26, 2003 AMENDED: September 15, 2003 AMENDED: October 16, 2003 TO: Jim Fitzgerald A/C Victoroff PO Box 617 Cutchogue,NY 11935 Please take notice that your application dated February 11, 2003 OCT 1 ' 2003 For permit to construct a single family dwelling at Location of property: 445 Dogwood Lane, Southold,NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244,which states,which states that non-conforming lots, measuring less than 20,000 square feet in total size,require a minimum front yard setback of 35 feet, a minimum rear yard setback of 35 feet. Following the proposed construction, the new single-family dwelling will have a front yard setback of 27 feet and a rear yard setback of 24 feet. Total lot coverage,based on the updated proposed survey,will be 19.76 percent. This Notice of Disapproval was amended on August 25,2003,to correct lot size and lot coverage calculati L.:ziumb_e s tember 15 __Als1F, hen the a i s licant reduced the scope of the project to add • s lot cover. •e on P ober 2003 to correct errors. digriPr. 11111Pro.' S gna - 4 Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC: file,Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL f ,y"` s DATE: February 11, 2003 SEPC1 2003 AMENDED: August 25, 2003 ;.. m AMENDED: August 26, 2003 AMENDED: September 15, 2003 TO: Jim Fitzgerald A/C Victoroff y.. - =..__• PO Box 617 Cutchogue,NY 11935 r p/I /o 3 a Please take notice that your application dated February 11, 2003 For permit to construct a single family dwelling at Location of property: 445 Dogwood Lane, Southold, NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244, which states,which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet, a minimum rear yard setback of 35 feet. Following the proposed construction, the new single-family dwelling will have a front yard setback of 20 feet and a rear yard setback of 18 feet. Total lot coverage,based on the updated proposed survey,will be 19.76 percent. This Notice of Disapproval was amended on August 25, 2003,to correct lot size and lot coverage calculati s.sti . ,, • S_r • si ,er 15 2003 when the a• a licant reduced the sco•e of the .•ro•ect to add s lot cover:ge. Authori • iSigna - Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. - *"" tVittia� � sIii,i4 - -:X10. FORM NO. 3 AUG 2 7 2003 !ryc�Ph d NOTICE OF DISAPPROVAL ' �f r °z41 .' `' 6)` -- p . c+ra,PC7 L d DATE: February 11, 2003 gy AMENDED: August 25, 2003 s 33 AMENDED: August 26, 2003 /a//1-0 121c 3 j TO: Jim Fitzgerald A/C Victoroff cam, PO Box 617 Cutchogue,NY 11935 �'°l�b��3 Please take notice that your application dated February 11, 2003 For permit to construct a single family dwelling at Location of property: 445 Dogwood Lane, Southold,NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244,which states, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet, a minimum rear yard setback of 35 feet, and a maximum lot coverage 20 percent. Following the proposed construction, the new single-family dwelling will have a front yard setback of 20 feet and a rear yard setback of 18 feet and a total lot coverage of+/- 23. This Not' - of Di•a. •royal was amended on Au•ust 25,2003, to correct lot size and lot coverage calcu .'ions. ,P17 'amu orize% Signa - Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ( W1 • eftw /�N FORM NO. 3 � }A NOTICE OF DISAPPROVAL DATE: February 11, 2003 TO: Jim Fitzgerald A/C Victoroff POBox 617 �, Cutchogue,NY 11935 015/ Please take notice that your application dated February 10, 2003 For permit to construct a single family dwelling at Location of property: 445 Dogwood Lane, Southold,NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 13,068 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-244, which states that on parcels measuring less than 20,000 square feet in total size, a minimum front yard setback of 35 feet is required, a minimum rear yard setback of 35 feet is required. Following the proposed construction, the new single-family dwelling will have a front yard setback of 20 feet and a rear yard setback of 18 feet. Although the property surveyed shows up as two separate tax parcels on the Suffolk County Tax Map and the owners receive two separate tax bills, the applicant has provided documentation that will "officially"merge the two parcels. Total lot coverage, following the proposed construction,will be+/- 11 percent. A t Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. 41111 PROJECT DESCRIPTION (Please include with Z.B:A. Application) • Applicant(s): Debra Victoroff I. If building is existing and alterations/additions/renovations are proposed: 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: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimefiision/size: Foundation, overall: 35 ' x 24' , plus deck and pool Square footage: House: 840 Deck: 350 Pool & surround: 816 Porch: 72 Height: 22 +/— III. Purpose and use of new construction requested in this application: Single—family dwelling • IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 • Please note:Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. 11110 I. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals •(and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Debra Victoroff Owner B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {)c} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes { 0 Ho - D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland areas hown on the map. submitted with this application? N A 3. Is the property bul. eaded be eethe wetlands area and the upland building area? % pn 4. If your property contgins wetlands or pond areas, have you contacted the Office of the T Trustees for its determination of jurisdiction? / A E. Is there a depression or sloping elevation near the area of . proposed c��QQnstruction at or below five feet above mean sea . level.? Phl (If not applicable, state %.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and/are not shown on the "survey map that you are - .submitting? 1W If none exist, please state "none." G. Do you have any co on taking place at this time • concerning your premises? 0 If yes, please submit a copy • of your building permit and. map as approved by the Building Department. If none, please state. H. Do you oir any co-owner also own other land close to this • parcel? t*) If yes, please explain where or submit copies of deeds. T. Please dist present use or operations conducted at this parcel Undeveloped • and, proposed use Si gle-family dwelling . ie} i Autho ed. and . 3/= ', 10/901k • 14-16.4(2/871—Text 12 PROJECT,I.D.NUMBER • 617,21 SEAR 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. APPLICANT/SPONSOR 2. PROJECT NAME James E. Fitzgerald, Jr. Victoroff dwelling 3. PROJECT LOCATION: Municipality Southold , County Suffolk 4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc.,or provide map) 445 & 505 Dogwood Lane Southold NY 11971 • See attached maps. 5. IS PROPOSED ACTION: JO New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construct single-family dwelling with deck, in-ground pool and septic system. 7. AMOUNT OF LAND AFFECTED: , initially - 0 2 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? I�Yes ®No If No,describe briefly Front and rear yard setbacks do not meet requirements . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial 0 Commercial 0 Agriculture 0 Park/Forest/Open space 0 Other Describe: Medium-size private dwellings • 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? I 1 Yes ®No If yes,list agency(s)and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes ®No If yes,list agency name and permit/approval 12. AS A RESULT OFOr�t PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? uu ❑Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE James E. Fitzgerald,, Jr., Applicant/sponsor name ''per-T i`s`i 't• S ervi c Date: 3/1,2/03 2I' _4' if Signature: `A G/ter, i / f , .. If traction is in the Coastal Area, and you are a state agency, complete the • Coastal Assessment Form before proceeding with this assessment OVER •1 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Debra Victoroff (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do ypu personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any'officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X • If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer, director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP • Submitted this `1 day of "1411-0A-c-01 Z��3 Signature: Print Name: heo C . Vi G7 ',,o all I. 610 West 110th Street, Apt 10D New York,New York 10025 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Per- mit Services to act in my behalf as my agent in the submission and processing of a permit appli- cation for the construction of single-family dwelling and associated structures on property of which I am the contract vendee located at 445 and 505 Dogwood Lane, Southold, and designated by Suffolk County Tax Map Nos. 1000-54-5-29.1 and 55, and to furnish, upon request, supple- mental information in support of the application. Sincerely, fir';►i� % Debra Victoroff SO giti Horton Pt is, ‘...?.....501 TOWN c. .: ��ti . p�• E T. \,t.-.) 4G NASNAMOMUCK BE'l . . ...0'“'""` ; AV ~ 499 2 0 • aoato`' Ply a› THE AREA OF THE PROPOSED °';,.. ' �° • �� 1 PROJECT IS CIRCLED %., `f K-- a C \` �•• :,00''(\ • o , v. e Pft•ONIC a %W. : 0 5�� 5 DUNE! .S st `.q s. {• '� , l 96 ,., % 0,' °° e /'�/ a O . ..x/lv I ted, s1 co' {rgY Gte f O d • / xam`` - • -- .3N, \e9 \ \ 9O _o_ .- sl iu z �11, 9t`Iz wL�n r 1 goo ° J.9t-V47-,. T = T Fudds =o c\ - s m °° Pd = O , 7::- M m R�.1.. .-!...-,,,,,,,*0 t SMITH'S •°""_ '1.:''''1‘",;:' ',,,s�,.a \i'�J`. ane'°rom•,j $ j O TCI .-'1'� ...4. 9 u w''"`<p'o,,,,\+ • an Tll PARK Z} �•o. , �Q.\ 0. , ' PA I 6 7^ TERRY t. ;.cl^ , I -Ja" -e, kJ�. ye;*�\9 ' /,Jennings Pi F9� Ns i 17*,' /\ ,, rs oAl \`�: EkEDON A -4 `IQIP o , 1-__on 7y '. O Founders - 9. �6 R°'P"• Landcny ..�' w Jockey Cr Cj S O U T H O L D ''-- 1L`` I /C V{Rn f' �/�✓.1:D ,CUTM IU.n.s c1° / \ ,..M°E ae /�%� :Dr i ,:_ \ \ re `J ' •uthold • B A Y\ ',.) ,G.,„,,,,y —r,- o O -, ■ y.c. hili:c;k: tfGoC eek M 5 ,\J4 �r ' P .. , • 1 k..1, ...,,\\Nst.-.\. �/GREAT7liOG `.`;\ 4.kN \ INE ou. J. o p/I. � AECK ;, z S., k ae •,p6, •� S .tea\-E_J�/ . ,s 1•=� ; -(.4 .•,i' OE fa 1 .4 iL t �:p'"E �V.J 1 J;.J"iiC1'/�14e15,1"' = at Bs4 - � � Paradcsetc i,„„ l�( X11 .�;�`�:`� o�`'�li*". 9y� 4 - o*r°. I •„-� •Potnd I �a,.o+°Cn Hog Neck . E a`Y, A 4r o ` e a '�Q° 1 �T�� 1 ,, �.`aa Bay �g+`:`,•I w / I :fo�J°so- 4i E Q AM p0 BAY•,�I E W , -, 1Cr � cord I , V' > ,- -. eC� I ° C;11 l.ti /o a90`Pj aV'' :EACM -i 1 0 •4. yM491= 4 a 1 �E DAR o- b CEDAR BEACH 1 HOG NECK , o�/{eEA�p • COUNTY PARK B A Y - 9. b ,Q: 1 Cedar Beach Point VICINITY MAP • Application.of contract vendee Debra Victoroff, SCTM#1000-54-5-29.1 &55 Represented by PROPER T PERMIT SERVICES . P.O.Box 617,Cutchogue,NY 11935 James E.Fitzgerald,Jr. 631-734-5800 May 21,2002 OPTCpT- h .24 owsE. X,4)35 z6' �4' - -� _w rcei-0,)oo-b LAN 5-33 carte fr,71J (AG. e717 Area of property 8,948 sq. ft. Proposed: SEP 1 2 2003 House 24x35 840 sq. ft. Deck 8x20 160 sq. ft. ° p Pool/deck 24x32 768 sq. ft. � - " '� or.-'1AL - Total proposed 1768 sq. ft. 19.76% REVISED PROJECT PLAN Application concerning the property of Debra Victoroff,SCTM#1000-54-5-29.1&55 Represented by PROPER-T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E.Fitzgerald,Jr. 631-734-5800 September 12.2003 a 1 if 4 G S AuG 1o 0 20 ; 03 , .va(�ru A , CP CPQ P. eP �� ac KiN6- Z4- 34- 6)cz0 —EoUSE 24iC3S . fU.20 _w, - Es c-befrOJ 0 CZ LA e_ .5`c4 . • to-=Zj' REVISED PROJECT PLAN Application concerning the property of Debra Victorog SCTM#1000-54-5-29.1&55 Represented by PROPER-T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E.Fitzgerald,Jr. 631-734-5800 —� July 202 • i IIIIIIIt s • r 5 ditir 1. =111..1.11111111Mlir/\kr .41, AMP" A. 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''* . /Jr z:' _ : t 10 ,---!---;----7---H-_,,_;---, 4.__ , .:__- , ___._______ ._. ___ _._ _______77_-_i_______ V------7--- - -_ J /e _..-. __.�-_ --- - - .----- .-_ \111 0 -- � —z _._� — _ — _ _ — T = 5 ;l�e s,T __ _ -- ------ • ;---_.- ,--- - ---__ ------- --_.= = 5 = Avg_ -- - ,_ -- __ ___� -__ . . I -, _ •T- _:-�-- - - -- -t isVI- : - am- - - -,--r--,--7-7-1• : �QUP SINAA._0,V oPT-4-0,4 , - - - - - ------ ,---* -'—- -,_, - _i_ - - --- ---- - - k --------- = . _____=:= �_ -_+44,_+=-4,4�_____ _ __41,{p 1_ :__ - _- ._'_ �__ _:__.� _______:_:_ _K r IPEOD6.- _, 1 , _ • r , iV1-'oe,F4_ .11_,andUse ATiwv-mcia*";01,4000,00,ti MRS3100,0MOi,a,,W,-.1 FRESHWATER WETLANDS ANALYSIS Victoroff Property Dogwood Lane Southold Town of Southold Suffolk County New York Vb. T \5 Date: October 9, 2003 - Q)) e Contact: Charles W. Bowman 6))) \ v / 1'0 ‘k36'v PO Box 1060 • Village Dock, Riverhead, New York • 11901 631-727-2400 • FAX 631-727-2605 ate` Background and History The subject parcel encompasses approximately 8,400 s.f located on the north side of Dogwood Lane 442.74' east of Kenney Road. The applicant proposes to construct a 24x35' dwelling with associated sanitary system, deck and pool. Dwelling construction and sanitary installation will require installation of a concrete retaining wall and substantial fill. Concern has been expressed that these activities may occur within or adjacent to Freshwater Wetlands as defined in Chapter 97 of the Southold Town Code. Land Use conducted an analysis of the vegetation cover types on October 8, 2003. The results of this analysis are presented below. • Vegetation Analysis The attached aerial photograph dated 3/14/00 by Aerographics Inc. (1"=100'), indicates the predominant vegetative species found within and adjacent to the parcel. The cover types are identified below: #1 A narrow band of a mature wetland tree species extends from the large area of freshwater wetlands located east of the Rozakis parcel westward along the north edge of the Rozakis cleared/lawn area. This band is dominated by Black Tupelo (Nyssa sylvatica)(FACW+) and Red Maple (Acer rubrum)(FAC/FACW). #2 The band of mature deciduous wetland tree species continues westward and encompasses a significant portion of the Victoroff parcel. The cover type composition changes to incorporate mature Acer rubrum (FAC/FACW) and Weeping Willow(Salix babylonica) (FAC/FACW). This area of the parcel exhibits ground/soil characteristics that indicate seasonal standing water is present on a regular basis. Elevations within the area descend from the adjoining parcels towards the north and west. #3 Area number three is an emergent wetland dominated by Phragmites australis (FACW/OBL). This section of the Victoroff parcel exhibits bog soils with groundwater encountered several inches below the surface. The north side of the low area also incorporates numerous Salix saplings indicating that the wet conditions are conducive to species regeneration. Conclusion The species composition within and adjacent to the subject parcel indicates freshwater wetlands are present as defined in Chapter 97 of the Town Code. In this regard, it should be noted that the entire project vicinity exhibits high ground water elevations and therefore, wetland species are present where the topography provides for water levels to be encountered within close proximity to the surface. This is particularly evident at the northwest corner of the Victoroff parcel where emergent vegetation is encountered. i • . w a+ , 3 ecid ,' . . . •� I ) ''10) til •vir, 3 1 14111404, 6 en_ . At t _. 0.4 i ' - . , . g 4 . Y • iliii 111 aft '71a Y .. '■ 1R� • s iiiiii • - i q • # b - ` .-- r From: Terry, Stint: Wednesday, September 03,2003 9:00 AM To: Standish, Lauren Subject: RE: Dogwood Lane Parcel Yes there is a small wetland on the property. Should be flagged. Will have impacts on the septic system.... most likely will have to raise the elevation. Original Message From: Standish,Lauren Sent: Wednesday,September 03,2003 8:48 AM To: Terry,Mark Subject: Dogwood Lane Parcel Mark, Have you had a chance to inspect 445/505 Dogwood Lane for freshwater wetlands? Lauren 1 ,l :,-,.,-,_-,,,,74EGr NO : S . WN „ x„ 4 1 10:30 a.m. . ELAINE NESIN. i `y tBOARD O PEALS-ry :==,-,'';3 �z=f,,�,,.�t,_ £, r, 10 00 a.m. ARYAN VILLANTI- Location of Property: 875 Gull Pond ' ' A ` s 2-ooit,;;,.. -- P and INGER BOYAJIAN #5540,'' Lane, Green ort; CTM #35=4-28. 2. + �-, x IVEN -, ^ Request for a Variance under Sections , Request for Variances under: #5548. ant to Sectioii-,2 7•-e f'il e Town=:Ira` rail •'x p Y=71' viii-�;;Cone of = 100-242A, 100-244,,and 100-239.4B Based on the Building Department's a= .- • a to i 0 ting), - r - '� , based on the-Building Department's May 25, 2004 amended Notice of }Thi Bari'f'Solitt%oltl,;tfie f'11owm public 4„ r�iiearin�gs'will`-e)ig7�'����ie�,��,�,0�' 1 April 28, 2004 Notice of Disapproval Disapproval,for relief of Condition t14; , p' LD'J.fjwN*1.4.:F,, E 1 s concerning 'a proposed deck"addition. ZBAApp1.#2480(Sarah Rausch)which = The-reasons stated'are that-Section,•100E-t. Special Exception application was ;ill e_#Tqi n`I a11: 3.495; .Ta n.,Road 3'OY Boxll^79;,;5 uthold Ie York. 97;1= 242A"and Tnterprefat'i�"�ttri==in Appear= granted for dockage and mooring privi- _,,,A:-9"'on 1=- 1 ! #5303 does not permit-new•noncorifor= leges for two yachts,with an agreement .. 0959 tin TUESDAy;soNt3-ii 04;; =-_. _ - — a the times noted below:`r , I mance or int I. in 1978 to covenant be filed with the ;yr �, at Se the degree of noncon-- I County Clerk, includinga restriction: , ;-;;J;)O:aa:m:=''-DEBRA eltrz O>kov , •formance,thatSectionJ00-244requireS. i 5 o tVari' un Fe `. front aged-reaLsetbacks at a minimum Of: that this property is prohibited for resi- k{ pec ion.00.-2?14 asedon tieB`dtne1 ?d dential use, without prior Board of -'' entpe# , :, , ,1 g 4 35 feet and 1M coverage at less than 20% i `" Appeals approval (The il.� ,?p 4i.i =i •-,oiFq;rc 4iazga00 o_ce:~17x,1 ` _for all building area, and that Section Special „,(I)jsaprpToval; amen led;April fr?20 004 ;, 100-239:4 requires a,minimum 75 ft. Exception authorized a shower, bulk- - f3tAp)t[tcantprcfposes a d el inn le .It E setback front the bulkhead.Location of head, ramp and mooring float as -, iaa3$=f t from:f6e ioi tlproperty linezand : Property: 2400 Bay Avenue, East requested); and #5533. -Based on the l ess Mian 35,feet fiorik the re'aT n Iine,of Marion;CTM 31-16-8. Building Department's April 23, 2004 :445 and_505 Dogwood'Lane,Sodthrilcla•' ' Notice of Disapproval, Section 100- � �� x 10;05 a.m. THOMAS and LAURA PP CT'IY7,#54=5,55.&"29,:1.(as;one to 239.413,for a dwelling 1 :",g'....� �,Y �,. ' � NIGRO#5536.Request'for a Variance � _ proposed at less—; ...,9:40;arm JOAN.A;r,SA, E ,Sa` � -� ,•r�� ; ' under Sections 100-31C, 100-243 and than 75 feet from the bulkhead. 553 Request=fo a,Valiance tinder-i 10.40 a.m. J. CARWAY. r ection�100 2,4*.0n i "•ldrn Y.. 1 Department's based on the Building #5546. Request for a Variance under Department' gj ff 2 `` - ``' Department's March I5,2004 Notice of �1 ;F .y r,., ,=•-4,141-1,-,f4,--,.., ° cM Disapproval concerning a new deck to Section 100-244,based on the Building , ,a Disa s r,yal. le. pcanrpd _ be added to an existing non-conforming Department's May 24, 2004 Notice of =_ of wnh.a"narea=.ofles accessoryguest Disapproval concerning a proposed ,: �,- _. ,; house.Section 100-243 PP 'Esq'' pendilig' o line-ccin e..`I states that a nonconformingbuildingdeck at less than 35 feet from the rear application tli ' le-side at ess . containinga nonconforming use shall property_ �� g pro ert line, of 1350 Smith Drive ,,,,than,10 of and total`siid"eyardsat less•` not be enlarged,reconstructed or strut- 10:45 CTM#76-2-9. '-tlfan,25 feet."Location of•Property:1095 turally altered or moved unless,the use 10:45 a;m. RIVERHEAD BUILD- Franklinville Road;"Laurel;-CTM 125-2- of such building is changed ta con ING SUPPLY #5544. Request for a 3.1-acid 4.1._ -..- - '.___,• forming use.Section 100-31C states that_ ' Variance under Section 100-205.1C, 1..-4 9i0;a.m' ANNE-VANBERGEN a guest house is not a permitted use. based on the Building Department's #5535:,Request for,.a'Variance-under Section 100-33 -requires'accessory, 'February 3,2004 Notice of Disapproval ' 'kSections'100-242A and'Itl '294,.based buildings to be located in a rear for placement1 0 ,. g yard, of a-(third)wall sign,at b1'on the Buildpiig_Department's March 31,'; instead of a.front yard. Location of" r- M 74500 Main Road,GreenpoYf;C,TM 46-,., 904Notice"of bisapprovau,concerning Property: Montauk Avenue, Fishers 1 1-2.3. Zone District: Light industrial- a proposed addition..fhe'reasons stated_ Island;CTM 10-7-5. I Office. - --are,;;ttiat"_,,Section. •100-242A'•"and 10:10 a.m. KEVIN and SUSAN "' ,- Interpretation>ih Appeal:#5309 dogs riot FERRELL #5538. Request for a 10:50 a.h.PATRICIABUERKL permit^new nonconformance or increase Variance under Section 100-239.4A #5545. Request for a Variance under `iii thie dlegtee of nonconforinance-and• based on the Building Department's Section-100,242A(ref. 100244),base$ Section•100-2.44.,-require§,:a;miniuiunt April 19, 2004 Notice of Disapproval, on the Building Department's May 3, , fronts pard s etback,of'35`feet_Location- amended May-18,2004.Applicants pro- 2004 Notice of Disapproval. !.•.of�=troperty::,555._; Horton Avenue' pose a deck addition and above-ground Application proposes to construct a new Ic M? , :C1`lyl X47 l.26. pool at less than 100 feet from the top of, porch with a setback at less'than 35 feet 1 5 :a m'=x'- AVID=`and SANE° the bound bluff, at 130 Lloyds Lane, to the front lot line,at 340 Private Road W OD?n #3,Southold,'CTM#70-6-5.1, �„ � 3-:jz-e ru[esf'c=for ' ` Mattituck;CTM 99-3-4.6. VarianceK nder S onw 100 239.40' 10:15 a.m. JOHN WOLLEBEN 11:05 a.m. SOUTHOLD FIRE ' w DISTRICT/OMNIPOINT COMM-.' `, based`on Ef q;-wild';,,• 5 #5539.Request for a Variance under APnI g,'-=. ceNICATIONS INC.#5547.Request : .B�s miiiigal ,' Section 100-33C,based on the Building q est foF 1. cpnceiniii=` '1 .'=ham � � a Variance under Section 100-1162B.3, -le"ss=than;75 .-% e;buj eadat of Department's Applicant proposes 26, 2004 t to ce concerning a new tower,proposed to, J75'.S1in erne 5bu old C h`°76;1;13x= demolish an existing building and to] replace the existing tower at a height in- _ Y9 55�, ,.ani �'1"$ELE x FRIG excess of the code's height limitation. construct a new garage at less than 35 g 1Mt.UROII a. guest for--a- . feet from the front lot line,at 705 Bridge The Buildmg Department states that the -°eK' 'q "' 242A ,d • Lane,Cutchogue;CTM 118-2-8. antenna projects higher than 20 feet =1?1 0 - sr¢ x - a_„ b,tase ' he Buil g- 10:20 a.m. GRAHAM HEAD- , above the average height of 23 feet of pl� pbuildings within 300 feet of the facility. s, 1, ,eh1'.s,�l lkit-Ifi' 6,04`Eotke-of . #5541. Request for a Variance under h• ' s clu o ose The applicant is proposing•63 feet in -� ' ::,*-P d Section 100 30A(3),based on-the Build- hon to tie", i tie ,`=e isting' a mg Department's May 3,2004 Ndtice of height. Location of Property: 55135 , n`o cin s ,R Main Road,Southold;CTM#62-2-11:1. - !,',°,._ IT3 • '' e{-reasons Disapproval,concerning new additions i' The Board of Appeals will hear all '"sfatecl� e`'•ttiat'`5':`"1isy 2442.4`and • at less than 15 ft.minimum on a single t - t?? w.op persons, or their representatives, desir- r ti p 3O9:does not- ' side, at 1160. Goose Creek Lane, P permit n w nonctiiilo m it of ease Southold,CTM 78-8-5.1. mg to be-heard at each hearing,and/or ' xy .c e c e lee of.noncon i?rmagce_ desiring to submit written statements,, ',,,e aaR_� and. 10:25 - a.m. DOMENICO �,>- lines aminimum 35, RACANELLI #5542.-Request for a before the conclusion of each hearing. ft? ionfae'ttl4clt uto perry Variance under Section 100-244,based Each hearing will not-start earlier than 0'985'Ce}tYfiaT:-Di'a'v rAato ;;CTM - , designated above.Files are available for '-" 06.41.. -Y.Pg=-,-�. Irv--t.=.- , on the Building Department's May,4, 2004 Notice of Disapproval concerning review during regular business hours.If a proposed dwelling with attached you have questions,please do not heli- garage at less than 35 ft. Datedtate-tfrom the front call(631)765-180}. - and rear lot lines,and less than-10 feet Dated:May 27,2004. on a single side yard,and with lot coy- BOARD OF APPEALS erage in excess of the code limitation of RUTH D.OLIVA,CHAIRWOMAN 20%for all building area. Location of By Linda Kowalski Property: 3300 Manhasset Avenue, 6091-1T 6t1.1) ._ _ Greenport;CTM 43-4-19. \..S)\v� 146091 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published.in said Newspaper once each week for 1 weeks successively, commencing on the 10th day of June , 2004. CHRISTINA VOLINSKI G� NC"APS Fun °TL"TE <'F NEW YORK No. n1-1'06105050 Principal Clerk Quaihiea in Suffolk County Commission Expires February 28, 2008 •� Valt/X41 ISworn to before me this l day of 2004 • RECEIVED JUN 1 5 2004 ZONING BOARD OF APPEALS 1111 Ill/ NOTICE JUNE 19, 2003 PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS 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 hearings 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, June 19, 2003, at the time noted below (or as soon thereafter as possible): 10:20 a.m. DEBRA VICTOROFF #5334. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM #1000-54-5-55 &29.1 (as one lot). 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: May 20, 2003. Lydia A. Tortora, Chairwoman Board of Appeals '.J JNE 19,,2003 PUBLIC - -s, JTJTH HEARINGS,' I BOARD _ 512 ,>OEAPPEAL S 7 - :OTICE IS HEREBY GIVEN, rsuarit--to,Section 267 of-the COUNTY OF SUFFOLK ' wn Law and Chapter 100 STATE OF NEW YORK ss: oningg); Code.of the>Towh;iof '.,___ uthold the ,following public PP A'4-z. Lise Marinace, being duly sworn, says kings, will..beheldby;the she is the Legal Advertising )TU HOLD TOWN. ,BOARD +;APPEAtiS at the Town Hall, 1114 , Coordinator, of the Traveler Watchman, O95rxMaili Road;•'P:O'. Box 2003 a a' lic newspaper rinted at Southold, 7.9;,,'-., authold, =New::Jork P' p 971-0959;x.on-Thursday,.June 4'..o�,A�r, • Suffolk County; and that the notice of ',;2003, ,at,-the _fiiries;noted B044Rp of vhich the annexed is a printed co has low'(or;as'spelt thereafter' as q pp� copy, ssible): - ;,,.�• 1'�Ls been published in said Traveler ):50rta:m ,,LEQNARDi,AND Watchman once each week T�:ENCQSTA,,,,u#5337;-. .giueaf for ,a'Vartange under for / week(- successively, ction- 100-244, .based'oii-•the Uiding;Department's Ma.>ich 6, commencin• 5n t e 22- day of ,.03<;Notice,,�of„ isapproyal. — P. 2003. ?,plicants.,propose .additio•ns d"x alterations•'to'ari"'existing ,, VA,ell'ing with.a front+yard=set / IF / / C plc;;ofless than 35 i'eel,Lat 190.0. In, ;Vane Southolklk„_, CT �p WOO'�a e.ROBERT;REIELY. Nks ;$0,-. :Variance,is,requested kder:.S ct gn100-244,based on 7-.71 e"., Building `Departmen's Sworn o before me this day of niiarry"''24,'=2003'"'Noti'c'e�,'of. ., 2003. rsapproval: 1pplicantproposes. 4 ,ditions„a>ucl;alterations n. a. potion atlesOtlian 35!feeefrom �- kedr7 ”;rorut.lot"line:"Iroc tic ii of open; r '70 Ijibe iY. 4#5 t'0) i✓ui.�tFlLaiie;-r.Sbuthold•; ICTM Notary Public AQQ,z,P 3:-3Q:1+;,(2 +A* r30 +mbl iod,as-one). ,' t.. LO-.4.0':'t a,m.; -..OHJ ..�E1NI? AtkIltiV TIURD:4•04M8.,i-.,i- " Emily Hamill Ali4. 1.A.c411: FatalCg •;;,unddr - NOTARY PUBLIC,State of New York No.01HA5059984 Qualified in Suffolk County Commission expires May 06,2006 /Legals from preceding page Bland"'Sound: Tlie,<wimining " (b)- .proposed:;'additions/alter---' BuildingDepartment's Febrciary ase Pool als'o'is proposed in a side ations to a non-habitable acces- 27,=2003-Notice of Disapproval. tea` Section 100-244B,based on the- yard location instead of a code sory building, and (c) "as built" Applicant proposes an addition` ha Building Department's February required rear yard. Location of accessory shed located in an to the existing•nonconformin • an 5;-2003 Notice of Disapproval. ' Property: 2670 Grandview area other than the code required dwelling with a single side yar un Applicants are proposing to con Drive, Orient; CTM 1000-14-2" rear yard. Location of Property: of less than 10 feet and total side to struct a deck addition at less 3.6. 8310 Soundview Avenue, yards of less than 25 feet, and of than 35 feet from the front prop 2 11:00 a.m. BLUEPOINTS Southold; CTM #1000-59-7- rear yard of less than 35 feet. 4� erty line at 1060-Navy Street, CO., INC. #5335. Request for: 29.6 Ref. CTM #1000-48-2-19 (and 3- ' Orient;Parcel 1000-25-4-3. (a) an Interpretation under,. 1:10 p.m.DAVID PAGE,AND 40). 10:20 a.m. DEBRA VICTO- Section 100-242A regarding the) SHINN VINEYARD #5339: • 1:40 p m. TOWBEE, LLC D -ROFF #5334. Request for a nonconforming location of an Request for a Variance under. #5355 - Request for a Variance V, Variance under Section 100 accessory garage building with Section 100-31A(2-c),based on under Section 100-142, based 3( 244, based on the Building like-kind rehabilitation; and (b) the Building Department's. on the Building Depaitinent's. D, Department February 11, 2003 if necessary,'- 100-71C.1 a February 28, 2003 Notice of February 19, 2002 Notice of N Notice of Disapproval., Variance under Section 100- Disapproval, amended March 5, ' Disapproval, amended April 10, A Applicant proposes a dwelling 71C-1, based on the-Building 2003.Applicants propose demo- 2003. Applicant proposes two ar at less than 35 feet from the Department's January 21, 2003 lition of an accessory building new buildings .in this LI ar front property line and less than Notice of Disapproval,amended and to construct an accessory Industrial Zone District with:(a) In 35 feet from the rear lot line, at March 10, 2003.Applicant pro- equipment storage building at single side yard setback at less D • 445 and 505 Dogwood Lane, poses a demolition and recon- less than 20 feet from the side than 20 feet, (b) rear yard set- 1( Southold; CTM #1000-54-5-55 struction of an accessory garage line.Location of Property: 2000 back at less than 70 feet, and(c) Si &29.1 (as one lot). "as built" at less than five feet Oregon Road, Mattituck; CTM, building linear frontage greater 10:30 a.m. LAUREN ZAM- from the rear lot line, at 1240 #1000-100-4-3.1. than 60 feet for Building #1, #: BRELJZI #5322. Request for a Love Lane, Mattituck; CTM 1:20 p.m. GARY AND DEB- having a front setback at an ui Variai ce under Sections 100- 1000-140-1-23.1. ORA STROUD#5326. Request - average of 90 feet. Location of 1( 242A'and 100-244,based on the 11:10 a.m. JOHN AND for a Variance under Section Property 700 Hummel Avenue, B PATRICIA CLARK #5336. 100-244B, based on the Southold; CTM #1000-63-2- 1 Building Department's February 21,2003 Notice of Disapproval. Request for a Variance under Building Department's February - 30.1. A Aposes tionsto Section 100-244B based on the 28,2003 Notice of Disapproval. 1:50 p.m. EDGEWATER' II, ai thepexistint grdwell ng in a non- Building Department's January Aplicants propose an addition LLC q 1 533'0. Request for a tc conformingfootprint, resulting9, 2003 Notice of Disapproval, to the existing dwelling with a, Variance under Section 100-32, bi in setbackat less than 10 feet amended January 21, 2043. single side yard at less than 15. based on ' the Buildin °fr ' on a single side and less than 25 Applicants propose additions feet, at 480 Soundview Avenue Department's March 3, 2003' P feet total sides. Location of and alterations to the dwelling West, Peconic; CTM#1000-74, Notice of Disapproval,amende C Property:4910 Pequash Avenue, which results in a lot coverage 2-7. March 11, 2003.Applicant pro- , Cutchogue; CTM 1000-110-3- exceeding the code limitation of 1:30 p.m. MILLENIUM poses a new dwelling with a S 27 20%for all building area,at 800 HOMES AND JOSEP i.q third story, instead of the code• R 10:40 a.m. FREDERICK Albo Drive, Mattituck; CTM JOHNS. Location of Property: limitation of 2-1/2 stories with, S AND JOAN FROHNE #5317. #1000-126-3-9. ' 970 and 1020 Seventh Street, 35 ft. maximum height. B Request for a Variance under 11.15 a.m. DONNA AND Greenport. Location of Property: 63735. 1. Section 100-239.4B, based on LEONARD SCHLEGE #5333 - Request for a Waiver C.R. 48, Greenport; CTM A the BuildingDepartment's #5327. Request for a Variance of Merger under Section 100-26, #1000-40-1-20.2 February 3, 003 Notice of,��under Section 100-231, based based on the Building 2:10 p.m. HELEN THEO- c, Disapproval. Applicant propos= on the Building Department's Departments January 12, 2002 HARTS #5331. Request for a. A es additions and alterations to January 27, 2003 Notice of Notice of Disapproval,amended Waiver of Merger under Section # dwelling in a location at less Disapproval. Applicant propos- February 27, 2003, for the rea- 100-26, based on the Building than 75 feet from-the bulkhead. es to construct a fence exceed- sons that(a)#1000-48-2-19 and Department's February 18,2003 h Location of Property: 4700 ing the code limitation of four #1000-48-2-40- are merged as Notice of Disapproval. si Paradise Point Road; Southold; feet when located in the front one lot, arid (b) that each lot is Applicant proposes to unmerge a CTM#1000-81-3-4. yard. Location of Property: developed with a single-family CTM'' #1000-22-4-10 (Stars ti 10:50 a.m.JOHN HURTADO, 1480 Westphalia Road, dwelling having a floor area of Mdnor 412) from CTM #1000- b JR. #5319 - Request for Mattituck; CTM #1000-114-7- less than 850 sq. ft. Applicant 22-4-11 (Stars Manor #11); h Variances under Sections 100- 13.1. proposes to unmerge 1000-48-2- vacant land. Location of. s 30A.4, 100-33C and 100- 1:00 p.m. VIRGINIA AND 19 (part of Greenport Driving Proper: 1625 and 1745 Stars a" 239.4A(1), based on the CHRISTOPHER COYNE Park #57), from 1000-48-2-40 Road,East Marion. Rnildine Denartment's January #5323. Request for,Variances (Greenport Driving Park #56.), - u2:20 p.m. TARIQ MAHMO`D/ V V ( c\\ Re: Appl. No. 5334—Debra Victoroff: Of the following Meetings,no hearing was held/no testimony submitted,based on applicant's request for adjournments 7/10/03 8/21/03. inda Kowalski • (c) * °3 SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING TRANSCRIPT OF HEARINGS HELD JUNE 19,2003 (Prepared by Jessica Boger) Present were: Chairwoman Lydia A. Tortora Member Vincent Orlando Member Gerard P. Goehringer Member George Homing(until 4:15) Member Ruth D. Oliva Board Secretary Kowalski PUBLIC HEARINGS: A-)2--"L p - t F • vic---+°-1-41t_°1 9:38 am '1 NNET CERRETA#5282 (carryover from 5/15). Based on the uildi ng i'epartment's October 9,2002 Notice of Disapproval,this is a request for Variances der Section 100-244B fo r a garage addition at less than 10' for a single side yard,le than 25' for total si':• yards,and less than 35' from the front lot line, at 1655 Bay S'-,'re Road, Gree i p : 9 Parcel 53-4-6 CHAIRWOMAN: s someone h,re who would like to speak on behalf of the applicant? KEN CERRETA: I' in fays of the application. CHAIRWOMAN: I' .shri eked. MEMBER OLIVA: I w••der why. MR. CERRETA: Th: did ;way with the 2-car garage. CHAIRWOMAN: ould you speak into the microphone? It may be a little hard to pick you up. MEMBER OLIV' : Just turn the • icrophone around. That's right. MR. CERRET l.: Eliminated the 2 ar garage,made it a one car. And put it back almost even with the •'use. But the garage •ext door is like 5' past my house, so-vie tried to make a little porch there,just for aes '-tics,more than anything else. And I hope that's okay. CHAIRWOMAN: I see that you brought it back,you did not bring it back level with the house as we had discussed. What was the reason for that? 18 June 19,2003 Southold Town Board of Appeals egular Meeting Public Hearing The board will make a decision. Let's see if anyone in the audience has any comments on the application. Thank you very much. Seeing no hands, I'll make a motion closing the hearing reserving the decision until later. • PLEASE SEE MINUTES FOR RESOLUTION 10:36 a.m. - DEBRA VICTOROFF #5334. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from -the front property line and less than 35 feet from the rear lot line, at 4.45 and 505 Dogwood Lane,Southold; CTM#1000-54-5-55 &29.1 (as one lot). CHAIRWOMAN: Is someone here who would like to speak on behalf of the applicant? JIM FITZGERALD: Yes ma'am,Jim Fitzgerald for Ms.Victoroff. I think the important thing for the board to consider is what we are proposing is not at all out of keeping with the other houses in the area. The lots,particularly on the same side of the street, are all relatively shallow. Depths of about 80'. And, of course,35 and 35' front and rear yard setbacks. CHAIRWOMAN: Can you speak up a little bit? Or take the mike up a bit so we can hear you? MR.FITZGERALD: Is this thing on? MEMBER OLIVA: Yes it is. MR.FITZGERALD: Do you want me to go through that again? The lot's being as shallow as they are,present a problem when two 35' setbacks are enclosed. In this particular case, if the two 35' setbacks were imposed,the house could only be 12' deep. And as I said; i think the our main interest is in indicating that the house will not at all be out of character with the other houses in the neighborhood,with regard to both the size and the setback,both in the front and the rear yard. CHAIRWOMAN: A couple of questions here. You presented your application for a building permit in November. And I noticed that the survey, which is showing, also shows a proposed pool in a side yard. And I wondered had the Building Department (BD)reviewed pool as part of this proposal? MR.FITZGERALD: Yes. CHAIRWOMAN: And, okay, let's make a note of that. MR.FITZGERALD: I mean that survey was submitted. I mean that same plan was Page 18 of 125 . L,1 19 June 19,2003 Southold Town Board of Appeals Regular Meeting Public Hearing submitted to the BD. CHAIRWOMAN: Okay, a couple of things. The neighbor, adjoining neighbor has sent a letter saying they would like time to retain legal council on this so they can review the plans. That they didn't feel they had enough time to review them. And we will definitely take that into consideration. The setback you're proposing to Dogwood Lane is to the porch. What would the setbacks be without the porch? MR.FITZGERALD: That porch could very well be a stoop so it would be exempt from the consideration of the setback requirements. It's 5' deep. CHAIRWOMAN: The porch is 5' deep? So that could be increased to 25'? MR.FITZGERALD: Yes. CHAIRWOMAN: The Notice of Disapproval(NOD) says 18'. 18' is to which point? On the survey. MR. FITZGERALD: I don't know. CHAIRWOMAN: Pardon me? MR. FITZGERALD: There is no 18' setback. MEMBER ORLANDO: It looks like the pool fence is the only 18' I can see. CHAIRWOMAN: And they wouldn't do it to the fence anyway. So it's not clear to me where the 18' setback is to. MR. FITZGERALD: No, it's not clear to me either. I think what we are proposing is what you see on the map that you have. CHAIRWOMAN: The deck that goes around the pool, is that where the 18' is? MR. FITZGERALD: That's correct. That would be the northeast corner of the deck is 18' from the rear property line. CHAIRWOMAN: Okay, Mr..Horning, any questions? MEMBER HORNING: Not at this time. CHAIRWOMAN: Mr. Goehringer. MEMBER GOEHRINGER: What complication? We are waiting for opposing council, Page 19 of 125 20 June 19,2003 Southold Town Board of Appeals Regular Meeting Public Hearing so this will be adjourned? MR. FITZGERALD: Do we have any indication from the neighbor what his problem was? MEMBER HORNING: No, they don't say they have a problem. MEMBER GOEHRINGER: I just want to say that I was down and looked at the property and I do understand what the agent or applicant is telling us in reference to the shallowness of the lot, okay, and the ability to place something on the property. So all that,of course,will be taken into consideration. CHAIRWOMAN: I understand your width of the property. What is really exacerbating the problem is the fact that you put a deck on the back of it, which is creating a width of 34' as opposed to 25',which is one of the reasons that's requiring more of a setback.And the deck extends the full length of the house. And that whole area adjacent to the pool. So a lot of that could be minimized. Mr. Orlando. MEMBER ORLANDO: is this a one-story or two-story house? MR. FITZGERALD: Debra? MS.VICTOROFF: Two-story. MEMBER ORLANDO: So it's approximately 1,600 sq. ft. of living space? • Approximately? MEMBER GOEHRINGER: Can we see the pictures? MEMBER ORLANDO: Is the deck continuous? The rear deck continuous to the deck around the pool? MR.FITZGERALD: Yes. MEMBER ORLANDO: Same level? MR. FITZGERALD: Yes. MEMBER ORLANDO: So it's continuous. DEBRA VICTOROFF: I'm Debra Victoroff. And those pictures are pictures of a house built by the builder that drew my plans. And I'm not going to have a garage in mine. MEMBER ORLANDO: So it's a cape like that? ?age 20 of 125 21 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. VICTOROFF: Yes, that's what Pd like. CHAIRWOMAN: Okay,well we will continue,it's a very small lot. The lot is only, what 8900', and this is a lot of building for a little lot. MR. FITZGERALD: This is 2,2 lots. CHAIRWOMAN: It's still only 8900 sq. ft. MR. FITZGERALD: I know. But the point is,it was not a matter of,she bought what was available in the area. CHAIRWOMAN: Okay. We are going to see if there's anyone in the audience who would like to speak in favor or against the application. TOM ROSAKIS: My name is Tom Roasakis. I'm the adjoining owner. I sent the letter, that,probably,is in front of you, asking for an adjournment. But I decided to come just to hear the applicant. But I would like an adjournment. Thank you. I have not had more than 5 days to get a,retain council. I'm presently interviewing. CHAIRWOMAN: Thank you very much. Is there anyone in the audience who would like to speak for or against the applicant? When do we have a time to adjourn this to? MEMBER ORLANDO: Can I ask another question in the meantime? Would your client be opposed to a patio around the pool as opposed to a continuous deck, which would reduce the rear yard setback? And it would reduce the... MR. FITZGERALD: You mean a brick patio? MEMBER ORLANDO: Yes. A brick patio as opposed to a raised deck around it. MEMBER OLIVA: Yeah. At grade. MEMBER ORLANDO: You know,brick around it instead of a raised deck around it. It's continuous. So that increases your lot coverage. MR. FITZGERALD: Yeah, it could be brick or flagstone. I think it would be okay. CHAIRWOMAN: Vinny,before we do that I think we need to go back to the BD and say that the ZBA had noticed that the pool was in the side yard. What's going to happen is, they'll catch it later, and then you're going to be back here again. MEMBER ORLANDO: It needs to be in the rear yard. Page 21 of 125 22 Stine 19,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR.FITZGERALD: And you can't act on it unless they've disapproved it. CHAIRWOMAN: We can't act on it unless it's been advertised and unless they've disapproved it. So I would strongly urge you to go back to the BD, get an amended NOD, and to really think about minimizing what you are trying to put on an 8900 sq. ft. lot. It's a lot of building. And that's why the degree of the variances that you are requesting are very substantial. And you're going to be into a front yard variance, a rear yard variance, and a variance for the location of the pool as well. So I think we need to give you sufficient time to get an amended NOD, and then we're going to have to re- advertise that, and give legal notice that, that will also be included in the hearing procedure. So I'm not... MS.VICTOROFF: Can I ask a question? I have a couple of questions. One is that I think that Jim submitted the plans with,to the BD with the pool on there. So I'm not sure why we're resubmitting it. MEMBER ORLANDO: They may have, obviously, overlooked it. They'll just catch it next time when you go for your building permit. CHAIRWOMAN: When you go for your building permit,they will catch it. MS. VICTOROFF: But I mean,meaning that you can tell somehow by looking at that, that they did not see that? MEMBER ORLANDO: The cede requires that the pool be located in the rear yard. MEMBER OLIVA: And it's not in the NOD that we have here in front of us. So it means you'll have to go back. We're just trying to save you a couple of steps. MS. VICTOROFF: No,I understand, I just didn't know why they were saying they overlooked it. CHAIRWOMAN: It's probably an oversight on their part. But if it's not caught now, it's going to mean that this application could be delayed another 6 months. MS.VICTOROFF: Then I have another question. If you're not allowed to put a pool in the side yard, if I move it the back of the house,then the variance that we'll request is going to be greater. CHAIRWOMAN: That's why we need to go back arid, to the BD, so that we can even consider this pool where it is. Right now we can't consider it. MS. VICTOROFF: Does that require a new survey or a new... Page 22 of 125 s 23 June 19,2003 Southold Town Board of Appeals Regular Meeting Public Rearing CHAIRWOMAN: No,it requires Mr. Fitzgerald,he knows what to do. He will take very good care of you. I'm just concerned about the timing, when we want to adjourn this to. BOARD SECRETARY KOWALSKI: We have to wait for the amended NOD. And we have to advertise it. So it's a decision. Do we want to advertise for the amended relief, July 24th regular meeting or August 21"? CHAIRWOMAN: It's got to be the 21st. Is that the regular meeting? BOARD SECRETARY KOWALSKI: Yes. CHAIRWOMAN: We don't want to carry this over to the special meeting? MEMBER ORLANDO: You can eliminate the pool for this application,redraw it, resubmit, and... MS. VICTOROFF: Along those lines, can I ask Mr. Rosakis, at this point, what his objections are so that I know them before I redraw plans. Is that fair of me to ask? MEMBER ORLANDO: I think that's a fair request,if he's willing. MS. VICTOROFF: If he's still in attendance. MR. ROSAKIS: I'm still in attendance. You can ask,but without council, I will not answer. CHAIRWOMAN: We're looking for a date to give you sufficient time so that you can get the amended NOD and then we can readvertise. It will be either August, I think it would have to be August 21 or September 11th. Do you have a preference? MR FITZGERALD: The earlier date. CHAIRWOMAN: Why am I surprised? Okay it would be 9:40am on August 21s`. So we will adjourn it, the hearing. I'll make a motion. ****a ' 10:52 a.m. LAUREN MERELLI#53 . Request for a Variance under Sections 100-242A and 100-244, • .sed on •e Building Department's February 21, 2003 Notice of Disapproval. App >, t proposes additions to the existing dwelling in a nonconforming footprint, • ultin! setbacks at.less than 10 feet on a single side and less than 25 feet al sides. Loc: . •of Property: 4910 Pequash Avenue, Page 23 of 125 R V?* it 1 O/, 2 Cle `�qTOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK je:/V/3 4 X 5 TOWN O F SOUTHOLD \\\ 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 August 21, 2003 12 9 : 00 a.m. 13 14 Board Members Present : 15 LYDIA A. TORTORA, Chairwoman 16 GERARD P. GOEHRINGER, Board Member 17 GEORGE HORNING, Board Member 18 RUTH OLIVA, Board Member 19 VINCENT ORLANDO, Board Member 20 LINDA KOWALSKI, Board Secretary 21 22 23 �a�. M a �+...c 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 8 RI . 2 matter. I would request that I be copied with all of these things as they emanate from Mr. 3 (77 Hamm' s office . MS . KOWALSKI : Mr. Hamm, we would 4 C( F 0k need to ask you if you would furnish those to Mrs . Roseblum. 5 MR. HAMM: Absolutely. I apologize for lack of doing so last time . 6 MS . ROSEBLUM: What time is it on the 23rd? 7 CHAIRWOMAN TORTORA: I 'm going to make a motion to adjourn the hearing on 8 October 23rd at 9 :30 a.m. ; is that convenient for you? 9 MR. HAMM: That' s fine . CHAIRWOMAN TORTORA: Is that 10 convenient for you? MS . ROSEBLUM: Yes . 11 CHAIRWOMAN TORTORA: Anyone like to second that motion? 12 BOARD MEMBER ORLANDO: Second. CHAIRWOMAN TORTORA: All in favor? 13 (Whereupon, all Board members responded in favor. ) —73 14 CHAIRWOMAN TORTORA: Motion carried. 15 The next hearing is on behalf of Debra Victoroff . Is there someone here who 16 would like to speak on behalf of the application? 17 MR. FITZGERALD : Yes . Jim Fitzgerald for Miss Victoroff . 18 I think we know that many of the factors involved in this request for variance 19 at the last meeting. CHAIRWOMAN TORTORA: Bring the 20 microphone up so we can hear you. You' re such a small man that we' re not able to hear you. 21 MR. FITZGERALD : How' s that? CHAIRWOMAN TORTORA: Better, thank 22 you. MR. FITZGERALD : The Board had a 23 number of suggestions and concerns, and we revised the plan in an attempt to accommodate 24 those concerns, and you have a copy of the new proposed plan. The new plan - - Oh, and also 25 just to address the question of the location of the swimming pool, as I advised the Board, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 1 9 2 I went back to the building department and Mr. Rollis indicated that since the pool(—) 3 the surrounding deck was attached to the house, it was not considered an accessory 4 structure but rather as an attached part of the house; and, therefore, its location was 5 not a problem and not a problem to the building department, therefore, was not part 6 of the disapproval . • CHAIRWOMAN TORTORA: I' d like to 7 just go over the revised plan and the revised plan shows the 27 and a half foot front yard 8 setback to Dogwood Lane, and it shows a 25 rear yard setback, at its closest point for 9 the deck addition. The only thing that is of a little 10 bit of concern is that if you look at the new map that you submitted, the eight by 20 deck, 11 because of the property angle at a slight slant, I would guesstimate that that deck will 12 be on the -- I guess it would be the east corner, east side? 13 MR. FITZGERALD : The eight by 20 deck, that' s west . j 14 CHAIRWOMAN TORTORA: The 25 is west? 15 MR. FITZGERALD: Yeah. It' s at the west end, I think. 16 CHAIRWOMAN TORTORA: The east end of the deck, if you look at the property angle 17 of the rear yard, I think that you' ll probably find that it will be slightly less than 25 18 feet . MR. FITZGERALD : I ' m sure it will . 19 CHAIRWOMAN TORTORA: So that that number may not be accurate . 20 MR. FITZGERALD : Scale' s to 23 feet at the western end. 21 CHAIRWOMAN TORTORA: So the closest point is not 25, it' s 23 . 22 MR. FITZGERALD: Yes . CHAIRWOMAN TORTORA: Let ' s see if 23 there' s anyone in the audience that would like to speak in favor. 24 MR. FITZGERALD: Excuse me, I have a few brief comments , very brief . I 25 think I should make the point that all the while the two adjoining lots are essentially COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 10 1 2 the same depth. The one on the west is a little deeper, the one on the right is a :—\ 3 little less deep. The house that we' re proposing, just the house, is only 24 feet 4 deep . So that, regardless of whether it was a deck or not, we would not be able to meet both 5 the front and the backyard setback requirements, as presumably neither of the 6 adjoining houses do; although, I haven' t measured them. The point being that they' re 7 all shallow lots and putting a relatively shallow house on it ought to be acceptable . 8 So I think the point really is as we have just discussed, is the fact that it 9 sticks out another eight feet into that rear yard setback. 10 CHAIRWOMAN TORTORA: Okay. MR. FITZGERALD: Thank you. 11 CHAIRWOMAN TORTORA: Thank you very much. 12 Is there anyone in the audience that would like to speak in favor or against 13 this application? MS . ROSEBLUM: Yes . Helen 14 Roseblum, 1287 East Main Street, Riverhead. I have just met this morning with a group of 15 adjacent landowners, Mr. and Mrs . Karensik, who are here, Jenny Curley, who is their 16 daughter, and Thomas Rusakis, who is also here . You granted them an adjournment of a 17 couple of months, and they had spent that time with another attorney, who recently told them 18 he couldn' t take their case, that he feels there' s a conflict . So they came to me 19 yesterday, and I haven' t exactly had a lot of time to go over the file, and I met with them 20 this morning. But there are a couple of things 21 that I did want to say. The first thing is that the notice of disapproval identifies the 22 lot as being approximately 13 , 000-plus square feet . The applicant herself indicates that 23 it' s 89-plus square feet, 8948 ; so that is a material problem in the notice of the 24 disapproval, and the reason it becomes a problem is for a couple of reasons . One is 25 that it changes some of the setbacks because you' ve made certain revisions in that zone, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 11 1 2 and it also, I believe, requires them to get 1- an additional variance for lot coverage . 3 CHAIRWOMAN TORTORA: One moment . As far as the setbacks for a 13 , 000 square 4 foot lot or for an 8 , 000 square foot lot, the setbacks are identical . 5 MS . ROSEBLUM: My understanding is if there' s less than 10, 000 square feet, the 6 setbacks have changed slightly. CHAIRWOMAN TORTORA: There have 7 been proposals to make those changes . Those changes have not been acted upon by the town 8 board; so the current code exists . MS . ROSEBLUM: Oh, okay. 9 CHAIRWOMAN TORTORA: Your point is well-taken regarding lot coverage because lot 10 coverage on a 13 , 000 square foot lot versus the surveyor' s 8 , 948 square feet is accurate . 11 MS . ROSEBLUM: Well, the -- CHAIRWOMAN TORTORA: It' s 12 accurate, it would need reassessment . MS . ROSEBLUM: There would need to 13 be a variance for that? , - A CHAIRWOMAN TORTORA: I don' t know 14 because I don' t have a breakdown for lot coverage . The lot coverage from the notice of 15 disapproval states that the construction consists of 11 percent . However, if the lot 16 is as the survey clearly indicates, 8 , 948 square feet, then we would have to have a 17 breakdown, or we would have to have a review by the building department to determine 18 whether or not the proposed plan exceeds lot coverage . 19 I'm just going to propose to Mr. Fitzgerald -- I did not see that before, 20 but that is a very valid point . Do you have any other thoughts on 21 this? MS . ROSEBLUM: Naturally, again, 22 I ' m very new to this, we have some other concerns, naturally. We just received a 23 single and separate search that needs to be studied. It appears some of the D chains 24 don' t match. I want to look at that more closely. 25 Another big issue is whether or not there are wetlands . We had had an COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 12 1 2 informal visual inspection done by Mr. Bowman ,-) of land use, and he indicated that there were 3 some fresh water wetlands, so we would like the trustees, who said they would like to come 4 out to take a look and notify the DEC if there should be a remapping. I think we also have 5 pictures, apparently there' s always been standing water on the lot, but that goes into 6 SEQRA and other types of environmental stuff . So I think initially, what I would 7 like to do is ask for some time to familiarize myself with the file, ask that this matter be 8 adjourned so that you get what you need and also so that the trustees do what they feel 9 they want to do. CHAIRWOMAN TORTORA: We will grant 10 an adjournment, but as far as any further adjournments after this, it will not 11 happen. We granted an adjournment because the neighbors wished to obtain an attorney, and 12 now you tell me they obtained an attorney and because of a conflict the attorney could not 13 handle the case, and therefore you came on board. In all fairness to Mr. Fitzgerald and 14 his client, we would like to conclude this at the next hearing. 15 MS . ROSEBLUM: And I explained that to my -- I said that to my clients . And 16 they said, you know, we've used the two months, besides talking to the other attorney, 17 we've used the two months, it' s been productive . We have come up with what we feel 18 are some real issues . But I did explain to them that time has to go on and things have to 19 progress . CHAIRWOMAN TORTORA: Okay. 20 Mr. Fitzgerald, we are going to need to have a breakdown of the lot coverage that' s proposed 21 based on the actual survey. The eight thousand not 13 , 000 square feet , that is 22 something you' ll have to get corrected with the building department so that they can 23 review it to see if, indeed, you exceed lot coverage or if you don' t . It may be the plans 24 do not exceed the lot coverage, but we can' t guess, and the building department needs to 25 make that correction for the record. The only other thing I have is COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878 -8047 13 1 2 that on the survey you don' t show -- on the plan, you do not show any steps to the deck. 3 MR. FITZGERALD: Yes . CHAIRWOMAN TORTORA: Are we 4 falling off the deck? MR. FITZGERALD: One would hope 5 not . CHAIRWOMAN TORTORA: I just want 6 to know. MR. FITZGERALD: The steps will be 7 shown, and they will not intrude any further into the setback. 8 BOARD MEMBER OLIVA: Will we need any further notice of disapproval? 9 MR. FITZGERALD: With regard to the wetlands, we have a letter of 10 nonjurisdiction from the DEC indicating there are no wetlands on the property that they 11 found in an onsite inspection. CHAIRWOMAN TORTORA: Okay. 12 MS . ROSEBLUM: I have to disagree with that . I have a letter; I'm looking at 13 it . The letter of non-jurisdiction, it merely states that it' s more than a hundred feet from 14 regulated freshwater wetlands, therefore there' s no jurisdiction. That' s not an 15 indication, number one, that they do not need to come in and remap and take another look. 16 We' re not disputing the letter of non-jurisdiction, and what it says . What 17 we' re saying is that their maps are very old. We have an independent person saying that 18 there are fragmites and there are also a number of freshwater trees and other plants . 19 We want the DEC to come back and take another look. I couldn' t disagree with how he' s 20 characterizing it . They do say that it' s more than one hundred feet from freshwater 21 wetlands, but their maps are very, very old. MR. FITZGERALD : This was not done 22 from a map . It was done from an onsite inspection. 23 CHAIRWOMAN TORTORA: Please address the Board. 24 MR. FITZGERALD : Would you tell the attorney that the DEC letter of 25 nonjurisdiction was a result of an onsite inspection and not the result of in-office COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 • 1 410 4111 14 2 review of the existing old maps . MS . ROSEBLUM: It may be, it' s 3 based on the information you submitted. So I don' t know that . 4 CHAIRWOMAN TORTORA: We' re going to get this information cleared up, and this 5 is going to be adjourned until October 23rd. You will go back to the building department 6 and have them revise and indicate the correct lot coverage, the lot size; see if there is an 7 issue with lot coverage so that we can go forward with that . I don' t know if there is 8 owe or not, but certainly it would have an impact . 9 MR. FITZGERALD: Do we have the time? 10 CHAIRWOMAN TORTORA: October 23rd at 9 :40 . 11 MR. FITZGERALD: Our lucky time. CHAIRWOMAN TORTORA: Is that good 12 for you? MS. ROSEBLUM: Thank you for your 13 courtesy, it' s very much appreciated. CHAIRWOMAN TORTORA: I 'm going to 14 make a motion to adjourn the hearing to October 23rd. 15 BOARD MEMBER ORLANDO: Second. CHAIRWOMAN TORTORA: All in favor. 16 (Whereupon, the Board Members responded in favor. ) 17 CHAIRWOMAN TORTORA: Motion' s carried. 18 Thenext hearing ' s on behalf of Charles Bocklet . Is there omeone here who 19 c j( would like to sp-ak on be if of that application? 201 MRS . WOOD: Is that in the name of i Charles Bocklet? IL ' s an acre and a half 21 ' 10 owned by his wife . 14CHAIRW9MA TORTORA: Just a 22 moment . The applffcation MRS./WOOD: Is he the tax payer of 23 record? CHAIRWOMAN TORTORA: Yes, he is . 24 Now we have to let Mr. Stang go first then you can speall". Just sit down, Mrs . Wood. 25 MRS . WOOD: I have to tell you another think , I have taken edication for COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 . 1 2• TOWN OF SOUTHOLD - ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK \I (+ v� � 9� 4, 1 X �pQikr9 T OWN 0 F SOUTHOLD (.10 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 June 22 , 2004 12 9 : 30 a.m. 13 Board Members Present : 14 RUTH OLIVA, Chairwoman 15 VINCENT ORLANDO, Vice Chairman 16 LYDIA TORTORA, Board Member 17 GERARD P. GOEHRINGER, Board Member 18 JAMES DINIZIO, Board Member 19 LINDA KOWALSKI, Board Secretary 20 21 • 22 (ORIGINAL 23 AUG 0 3 2004 24 r�• �OlbflltCh E£(?�91�® OF 25 �1sPL� COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 ' 19 '' 1 2 ele ation; rather than take that approach, he put ti— in t'•e additional investment of raising the house 3 24 in es, the helical screws were put in undern=ath, and they had to be brought to a height 4 of 24 i ,ches for FEMA standards . :OARD MEMBER GOEHRINGER: So the house was 5 raised 24 inches? M . MOORE : Yes, for the FEMA standards . 6 He complies with all the DEC regulations and permits . 7 CHAI'WOMAN OL A: Could we keep this? MS . MOORE : of course . 8 MR. VI LANTI . I agree with you that the house is in hor ibl'• condition, but I'm not the 9 one who left it in that . I'm the one who purchased it rece, tly in the hopes of trying to 10 better it . The aighbors have even told me that they will sign pet .tions when I was working down 11 there two weeks ago Some of the neighbors came over to get t - righ, to put back the deck and 12 whatever they can do ' n regards to helping. It' s only bettering the ar=a. I'm trying to stop a 13 hazard that existed fo ; 20 years . I won' t deny (. any of tha . But I'm not the one who left it in f 14 that cond ' tion, I'm just trying to improve what we have . 15 HAIRWOMAN OLIVA: If we just adjourn this hearing until 11 :30 to see if we can get the 16 Buildi g Department here. (See minutes for re lution. ) 17 CHAIRWOMAN OLIVA: 0 next hearing is we 18 need a resolution to adjourn T omas and Laura Nig o application to July 15th o 10 : 05 a .m. 19 (See minutes for resolution. ) 20 C. AI111I A OLIVA: Our next hearing is for 21 r Debia Victoroff •n Dogwood Lane in Southold. It ' s the ._ -: of a new house and this application 22 has been going on for a year, and we have the new map, and I thought it looked very -- frankly, I 23 think you fit it in very nicely, but let' s see what everybody else has to say. Mr. Goehringer? 24 BOARD MEMBER GOEHRINGER: It' s my understanding there' s no swimming pool . 25 MR. FITZGERALD: Yes . We took out the swimming pool . We took out .the surrounding deck. June 22 , 2004 20 r 1 2 We made the house smaller. We reduced the size of the deck behind the bedroom and moved the house as 3 far as necessary, according to the Trustees, away from the quote, wetland, area. It' s the best we 4 can do . The house is a minimum size, the lot coverage is about 12 percent . 5 BOARD MEMBER GOEHRINGER: Thank you. And we are still going with that original 6 disapproval -- the reason I 'm asking this question is because I have to write this decision. The 7 April 20, 2004 approximately? MR. FITZGERALD: That' s approximately. 8 No, wait a minute . April 20th. BOARD MEMBER GOEHRINGER: It started 9 February 11, 2003? MR. FITZGERALD: The latest date is June 10 14th. MS . KOWALSKI : That came in last week. 11 BOARD MEMBER GOEHRINGER: Can I have a look at that? 12 MR. FITZGERALD: It says Damon sent it . MS . KOWALSKI : It' s part of the file . 13 BOARD MEMBER GOEHRINGER: I ' m going to r copy this before you leave, and I' ll give you a 14 copy. MR. FITZGERALD: Sure . You' re going to 15 hold it now. CHAIRWOMAN OLIVA: Vincent, do you have 16 any questions? BOARD MEMBER ORLANDO : No, I think you've 17 done a fine job massaging it, moving it all around. 18 CHAIRWOMAN OLIVA: Only took a year. MR. FITZGERALD: The designer is Miss 19 Victoroff herself . BOARD MEMBER ORLANDO: It has a 10 foot 20 front yard setback, is that where we are now? CHAIRWOMAN OLIVA: Right, the Trustees 21 moved it up. MR. FITZGERALD: And, of course, that' s 22 with most things in the Town that' s from the property line, the edge of the pavement is another 23 12 feet beyond that . BOARD MEMBER ORLANDO: So that' s the only 24 variance you actually need from us today would be a front yard setback? 25 MR. FITZGERALD: Front and rear. i BOARD MEMBER ORLANDO: How far is your June 22 , 2004 21 1 2 rear yard setback? MR. FITZGERALD: I have to look. 3 BOARD MEMBER ORLANDO: I don' t see it on ) that survey. 4 BOARD MEMBER GOEHRINGER: It' s not mentioned. 5 MR. FITZGERALD: It' s not indicated, but it scales to 37 feet . 6 MS . KOWALSKI : It' s only disapproved for the front yard from the Building Department . 7 MR. FITZGERALD: Okay. It' s 37 feet . MS . KOWALSKI : You don' t need a rear yard 8 variance . BOARD MEMBER ORLANDO: It should be 35 and 9 35 . CHAIRWOMAN OLIVA: Lydia? 10 BOARD MEMBER TORTORA: It' s been a long haul, but I really think you have done a very good 11 job. It' s an extremely long haul . MR. FITZGERALD: Miss Victoroff, we've 12 done whatever we can. BOARD MEMBER TORTORA: I think you've done 13 a very good job over the years . MR. FITZGERALD: It' s her doing. 14 CHAIRWOMAN OLIVA: Jim? BOARD MEMBER DINIZIO: I have a notice of 15 disapproval that disapproves both. The disapproval says you need a rear yard and -- 16 MR. FITZGERALD: That' s not the latest . We have June something ' 04 . April 22nd. 17 The latest is -- " BOARD MEMBER ORLANDO: June 14th. There' s 18 a list of them here . BOARD MEMBER DINIZIO: So you don' t need a 19 rear yard? MR. FITZGERALD : That' s correct . 20 CHAIRWOMAN OLIVA: Is there anyone in the audience that wishes to speak for or against this 21 application? MS . ROSENBLUM: Helen Rosenblum, 1287 East 22 Main Street, Riverhead, for some of the neighbors of the applicant . You have to excuse me, I didn' t 23 expect to be here today so my file is in Riverhead. 24 I haven' t seen the notice of disapproval . I did note that the line was not even sketched in 25 on the survey showing the rear yard measurement . I wanted to put a couple things in the June 22 , 2004 22 • 1 2 record. It' s going to be unartfully done because, -7) as I say, my file is in Riverhead. I wrote to you 3 concerning first and foremost what I consider to be the problem with this lot . I don' t think it 4 has been addressed. I talked to the Building Inspector, Miss Victoroff did as well, and I think 5 you need to have some kind of ruling from him as to whether or not this is a valid lot . 6 The lot in your Section 100-24 is very specific as to how a lot is recognized that is 7 non-conforming, and this is significantly substandard. It says if any one of the following 8 apply, and if the lots have not merged, and if the identical lot was created by deed on or before 9 June 30, 1983 ; this lot that' s before you was created by deed in like 2002 ; and the lot 10 conformed to the minimum lot requirements as of the date of lot creation; certainly, it did not as 11 of 2002 . Was this approved by the Planning Board? I don' t believe that it was, but I could be wrong. 12 Was it on a subdivision map approved by the Town Board prior to 1983? Again, I don' t believe that 13 it was . Was it approved by you prior to 1983? The Building Department file and the assessor' s 1) 14 file didn' t have any indication of that . I think this is something that as 15 representing the neighbors, they have a right to know whether this lot is a valid lot; it' s 16 something that should have been resolved before you even heard the issue of the variances, and I 17 would ask that a determination be made by the Building Department in writing, so that that can 18 be appealed to you as well . All of that is in my letter. I don' t want to take a lot of your time 19 by going through that . Again, my understanding was that there was 20 - a rear yard request for variance, apparently that isn' t the case. There are other problems . We are 21 reading the house presently as a larger structure, that is 23 percent larger than the structure that 22 was before you before we went to the Trustees . There is an addition to that 104 square foot deck, 23 there are stairs that are 48 square feet from the side of the house . So that the house is larger 24 than the one that had been before you; although, the patio and the porch that were on the prior map 25 had been removed. In the map that was before you, the porch June 22 , 2004 ' ' 23 • 1 2 was bordering the front yard, was parallel to the front yard for 20 feet, now the house is there . 3 So it' s like I'm not sure that the 10 feet is in keeping with the neighborhood. I think most of 4 the houses on the Dogwood Lane have setbacks of the houses themselves is considerably more than 5 that . CHAIRWOMAN OLIVA: Miss Rosenblum, we do 6 understand that the Trustees pushed the house forward because of the wetlands . 7 MS . ROSENBLUM: Yes, they did. It was their suggestion for wetlands reasons . Their 8 jurisdiction is wetlands and yours is obviously something else. There were a couple of other 9 things I just wanted to put into the record. The proposed house is on piles, I don' t think if it' s 10 in the notice of disapproval from the Building Inspector that they reviewed that . I'm assuming 11 yes, but I didn' t know there was a new notice of disapproval until just now. Again, it may not be 12 in keeping with the neighborhood. The test hole has been moved about 30 feet 13 from the initial survey to the present survey and the calculation of the groundwater based on this 14 test hole on the latest survey is incorrect by one foot, and if our calculations are correct, the 15 retaining wall would have to be raised by an additional foot, which would make it 4 . 7, while 16 four foot maximum is what is required in the zoning code . This might require another variance, 17 and I think that the footings encroach on your property and also on the Rosackis' property. 18 There' s no indication for enough room for two parking spaces as is required by Town code . 19 That' s really pretty much it . I think the main concern really is the issue is this a legal 20 nonconforming lot for you to be entertaining anything on. And I think we' re entitled to have 21 that passed on by the Building Inspector in writing. Thank you very much. . 22 CHAIRWOMAN OLIVA: Jim? MR. FITZGERALD: Just briefly, the 23 property card for these properties in an entry dated 1/27/03 says, "Combined two parcels as per 24 deed. " I think that the reference that Ms . Rosenblum referred to in the Town code talking 25 about nonconforming lots is not addressing the question of combining lots but rather of making June 22 , 2004 24 1 2 them further or less conforming than they are now, and, of course, the merging of the two lots, as I 3 understand it under New York State law, happens automatically when they are both owned in the same 4 name, and, of course, that' s the way it has been. The things that Ms . Rosenblum has been referring 5 to are all paper, and they don' t address, I don' t think, the spirit of the zoning regulations and 6 what it is we' re trying to do. So I think it is a legal lot, any one of several ways . And the last 7 point is the question' s peripheral in my mind, questions about the sanitary system are matters 8 which the Health Department I'm sure will examine very carefully. And, of course, that will be our 9 next step and we will meet there at some time in the future -- not you folks -- but the neighbors . 10 MS . VICTOROFF: I' d also like to speak, if I can. 11 CHAIRWOMAN OLIVA: Sure . MS . VICTOROFF: I'm Debra Victoroff and at 12 the Town Trustees meeting, when we came before them to get the wetlands variance this issue of 13 the merger of the lots was brought up at that - -� time, and the morning of that meeting I went and 9 14 spoke to Mike Verity in person. I told him that this was potentially an issue . He gave me a copy 15 of the portion of the code that refers to this issue, 100-24 and 100-25, I have a copy of it . 16 Part A says a lot created by deed or Town approval shall be recognized by the Town if any one of the 17 following standards apply and if the lots have not merged, but they are merged because, as defined in 18 Section 100-25, a merger that a nonconforming lot shall merge with an adjacent conforming or 19 nonconforming lot which has been held in common ownership with the first lot at any time after 20 July 1, 1983 . The lot was owned by the same two people in 1952, and it was sold in 1987 to Sandra 21 Rave, who owned both pieces of property. So according to 100-25, these lots were merged. The 22 reason that it didn' t show up until 2003 was because I wrote a letter at Jim Fitzgerald' s 23 instruction to the Board of Assessors, which I have a copy, and, of course, they do too . "I 'm 24 writing to you as the new owner of two adjacent lots of vacant property in Southold, New York . 25 This letter is to acknowledge that the two above-referenced lots are merged and are June 22 , 2004 25 1 2 considered to be one single and separate building lot for building purposes . I request that the 3 assessor' s office recognize that they are combined as one lot . " 4 So it' s because of me that this showed up on the tax chart, and not because they decided to 5 merge it because it was considered so in the deed. I also have, if you would like to review 6 it, my title search, which shows the owners, traces back the owners to 1952 and who owned it, 7 and the transition from 1952 to me in 2003 . With regard to the setback comparison 8 between my house at 10 feet and the other houses in the area, I went to the Town clerk' s office, 9 and I got 16 surveys of the 16 houses which surround me, including Mr. Rosakis, who is the 10 chief objector to my building there, his house sets back 14 feet, mine sets back 10 feet . He 11 does not have a driveway, I understand it might be required, I am not asking him to get one . I do 12 have a driveway, perhaps it' s smaller than it should be, but I guess it' s better than not having 13 a driveway. I would also like to read a letter that I 14 didn' t have a chance to send to you, but it is addressed to the Zoning Board and the Chairwoman 15 and the Members of the Zoning Board, if I may? CHAIRWOMAN OLIVA: Sure . 16 MS . VICTOROFF: This is in response to statements that have been made about my 17 presentation and Jim' s presentation and what the information that we brought before you and 18 especially a letter that was read before the Trustees at the last Trustees meeting by 19 Mr. Rosakis in regard to my application. CHAIRWOMAN OLIVA: Just don' t make it 20 personal . If it' s personal then I will not accept it . 21 MS . VICTOROFF : I would like to say at Jim Fitzgerald' s defense, that at the last statement, 22 it was said that we made incorrect representations on our application to the Department of 23 Environmental Conservation, and I would just like to say that the Department of Environmental 24 Conservation, we applied to them to find out if they had jurisdiction on the wetlands . They 25 responded that they didn' t . I was concerned -- CHAIRWOMAN OLIVA: I think the Board June 22 , 2004 26 1 2 feels this is irrelevant . BOARD MEMBER TORTORA: Miss Victoroff, as 11..,) 3 to the issue of whether this lot is a legally recognized lot, 100-25 states the Building 4 Department upon request shall issue a written determination of merger; you say you have a title 5 search. Did the Building Department issue you a written determination of merger? 6 MS . VICTOROFF: I don' t know what that is . It' s on my tax card it is considered merged. 7 MS . KOWALSKI : It' s my understanding that the Building Department will address it later, 8 that was up to Mr. Fitzgerald. MS . VICTOROFF: May I respond to that in 9 another way? When I spoke to Mike Verity when I told him this was an issue and he gave me this 10 sheet, he said any issue of that type would be addressed when the Building Department looked at 11 my survey again. According to Jim, he' s given him my new survey. 12 BOARD MEMBER TORTORA: That' s kind of backwards . How can we issue you a variance on a 13 piece of property -- MS . VICTOROFF: Mike implied that if we '( ) 14 got the disapproval letter then it was considered a merged lot . 15 MS . KOWALSKI : A recognized lot? BOARD MEMBER TORTORA: That issue is not 16 before us, and there' s something very wrong in this process . What' s wrong is you can' t get a 17 building permit, and you can' t get a variance until you have a recognized lot . It is incumbent 18 upon the Building Department to clear the way for you to do that by issuing a written determination 19 of merger, not after we have given permits to build something on a lot . We have to know this . 20 MS . VICTOROFF : I don' t know what I needed to do to ask them to merge the lot . 21 BOARD MEMBER TORTORA: I don' t know how this process got backwards, but right at this 22 point it is very much backwards . MS . VICTOROFF : We have followed the 23 procedure . I can' t imagine where it went wrong. BOARD MEMBER TORTORA: I ' m not questioning 24 you, I'm saying that the Building Department cannot say, well, we' ll issue a determination 25 whether you've got a legal lot after you get a -. variance to build the house . June 22 , 2004 27 1 2 MS . VICTOROFF: According to the code, this defines a merged lot as one that has been 3 held in common ownership . BOARD MEMBER TORTORA: I know the code . 4 The Board Members know the code, but it' s not our call at this point . 5 CHAIRWOMAN OLIVA: I think you need a letter from the Building Department . 6 BOARD MEMBER TORTORA: Say here' s the code, this is what it says, it' s not your 7 responsibility . It' s the Building Department' s responsibility to issue a written determination on 8 whether you have got a legal lot or not . That' s the law. It' s cut and dried. 9 MS . VICTOROFF: Isn' t it their responsibility then to do so? 10 BOARD MEMBER TORTORA: Yes . If you ask they are responsible . You say you have a title 11 search, then you' re half-way home . MS . VICTOROFF : May I go get that letter 12 from them? CHAIRWOMAN OLIVA: Yes, if you can get 13 that letter within the hour. MR. FITZGERALD: Two sentences, the Board 14 in the past has always focused very directly on the notice of disapproval from the Building 15 Department, what has been and what has not been disapproved. And it seems to me that if that was 16 a question with the Building Department, something about it would have shown up on the notice of 17 disapproval . BOARD MEMBER TORTORA: But counsel for 18 adjoining neighbors, who have raised questions specifically to that issue, have brought this 19 before this Board. It would be remiss not to address counsel' s concerns . 20 MS . ROSENBLUM: Thank you very much. First of all I want to say as far as if 21 Mr. Rosakis said anything inappropriate in his letter, I apologize for. it . He' s recovering now, 22 I ' m not going to get into what' s wrong with him, but I don' t think if Miss Victoroff ends up as his 23 neighbor, I don' t think he wants a bad relationship with her. He' s a very intense man. 24 I think this is a matter of importance to him. I think it ' s now assumed he' s putting it back into 25 context . I just want to say first of all some of . June 22 , 2004 i 28 1 2 the issues Mr. Fitzgerald indicated were Health Department issues are Town code issues, like the j 3 height of the - CHAIRWOMAN OLIVA: Retaining wall? 4 MS . ROSENBLUM: Right . That stuff and the other thing is the merger issue is an issue, but 5 100-24 is really the issue . It' s clearly a nonconforming lot . I know that the lots existed 6 in some form way back, but if you look at the provisions under A, which I asked Mike to do, it' s 7 very specific . And it' s not like it' s the question of the spirit of the zoning code . This 8 is what a zoning code is here, it either meets it or it does not . And I understand because I have 9 explained to my clients, that it' s very hard for a zoning board or town board, or any agency in a 10 town to say this lot is not a legal lot without buying it . I understand the issue having my own 11 municipal background, but if the lot is slipped through the cracks and the Building Department 12 should not have sanctioned it or something should have been done, that happens all the time, and if 13 it' s not a legal lot, it' s not a legal lot . That' s all I'm asking. I asked Mr. Verity to ) 14 consider it . We are entitled to have those questions answered because, quite frankly, looking 15 at 100-24 it doesn' t meet anything that I can see if you parse out the word spirit or not and so 16 forth. BOARD MEMBER GOEHRINGER: That' s very 17 interesting. This is a very interesting issue . You know, we have made decisions on this 18 Board for 25 years subject to Health Department approval, and conceivably, if the Health 19 Department doesn' t approve something, then you don' t get the building permit . We could also make 20 a decision based upon the fact that it was a legal lot and there was a determination made by the 21 Building Inspector that this was a legal lot . You could make it subject to that too . 22 Let me just explain something to you, at the time that I walked out here-, Madam Chairperson 23 asked me to walk out and contact the Building Department regarding another matter, there are 24 only two building inspectors at the Town Hall at this time, the other gentleman had retired. So 25 the present chief building inspector is out doing -inspections, so it' s difficult . Just so you' re June 22 , 2004 • 29 1 2 aware of that situation. So that' s why I raise f that issue, subject to, because that' s an issue s ) 3 that the Building Department will research prior to the issuance . 4 CHAIRWOMAN OLIVA: How about make a resolution to close the hearing with a written 5 reply from the Building Department before July 1st . 6 BOARD MEMBER GOEHRINGER: I don' t think you' re going to get it, Ruth. 7 CHAIRWOMAN OLIVA: By July 1st? MS . KOWALSKI : If you don' t get it, then 8 you could make your decision subject to . BOARD MEMBER TORTORA: Subject to what? 9 CHAIRWOMAN OLIVA: Subject to a written determination from the Building Department that it 10 is a legal lot . BOARD MEMBER TORTORA: That it' s a legal 11 lot in accordance with 100-24? CHAIRWOMAN OLIVA: Right . 12 MS . VICTOROFF: Can I said ask a question? CHAIRWOMAN OLIVA: Yes . 13 MS . VICTOROFF: When you were just saying that you didn' t think it could be gotten before 14 July -- BOARD MEMBER GOEHRINGER: That was my 15 opinion. MS . VICTOROFF : You don' t think I could 16 get it today? CHAIRWOMAN OLIVA: They' re short-handed. 17 One inspector retired, and I think they' re all running around down there. 18 MS . VICTOROFF : Would it have to come from Mike Verity? 19 CHAIRWOMAN OLIVA: Yes, he' s the chief building inspector. 20 BOARD MEMBER TORTORA: We really need to clarify this issue . It' s your call, we can close 21 the hearing -- CHAIRWOMAN OLIVA: Subject to the -- 22 BOARD MEMBER TORTORA: As far as rendering you a determination, I'm not inclined to do 23 that . MS . VICTOROFF : How long will the hearing 24 continue today? I' d like to try to get it . I' ll try to come back. 25 _ CHAIRWOMAN OLIVA: About another two hours . Do -you want us to hold anything open until June 22 , 2004 30 1 2 you come book by say 1 : 00? (-) MS . VICTOROFF : Sure, or if you can hold 3 it off until the end of the hearing. CHAIRWOMAN OLIVA: We have a short day. 4 I don' t think we' ll be here let' s say 12 : 00 to 12 : 30 . 5 MS . VICTOROFF: If I 'm not able to get it then -- 6 CHAIRWOMAN OLIVA: Otherwise we' ll just make a resolution holding it over until July 1st . 7 MS . KOWALSKI : Close the hearing subject to a written submission by July 1st . 8 BOARD MEMBER DINIZIO: Can I make a comment? Seems to me that you' re getting bogged 9 down in semantics here . She' s come before us with an application. She did so with full faith that 10 we would listen to her application. Whether or not this lot is merged or unmerged or not is the 11 determination of the Building Inspector, I believe that it is . But I don' t think that that has any 12 bearing on the decision that we may make in that we can' t force the Building Inspector to now give 13 a building permit to them if those lots are not merged or have been merged, if they' re not legal 14 lots . None of that is subject of the hearing that is before us, that I understand. I realize that I 15 wasn' t on the Board prior to ' 04 , but it just seems to me like if we could look at the 16 application and make a decision based on the application that we have before us, yeah, this 17 lady may be back before us because someone' s to say that the lots are merged, and she' s going to 18 have to prove that it' s not . We have no obligation to her just because we granted or 19 didn' t grant or restricted what this lady wants to do now to grant her a waiver of merger, if that' s 20 the case that happens to follow here . CHAIRWOMAN OLIVA: I don' t think she 21 wants a waiver of merger. Am I correct or not? BOARD MEMBER DINIZIO : That' s the subject 22 of this application, I don' t believe that that is . I believe that our application here is setback. 23 Beyond whether it' s a legal lot or not is not before us, and to hold her up in any way to me 24 doesn' t seem proper, that if other agencies in the Town don' t want to make the decision or they' re 25 going to take too long to make the decision, -. that' s not our purview. So I think we ought to June 22 , 2004 31 1 2 get on with this . Later on she' ll come back to us if that' s the case . She doesn' t have an 3 application one way or the other with us and regardless of what someone in the audience may get 4 up to say, guess what, they don' t have the power to determine whether this is a lot or not, any 5 more than we do. I think that this lady should go away from here today with us deliberating on the 6 application she has put before us and amended seven times . So beyond that, I mean, the 7 neighbors and this applicant can do whatever they feel is necessary to make their own lives happy, 8 but it' s just not before us . Whether this is a lot or not is not before us . So I don' t think we 9 should be making a determination one way or the other on it; that' s my opinion. I would hope that 10 we could do that . MS . VICTOROFF: I agree with you . If you 11 could make a determination on the survey then I could contingent on my ability to get confirmation 12 from Mike Verity as to whether it is a legal lot . BOARD MEMBER DINIZIO: It wouldn' t be 13 contingent, ma' am. We are making the decision based on the facts that are presented to us and on 14 the application presented to us based on the notice of disapproval . Beyond that, I feel, it' s 15 ' only my opinion, that we make a decision, it doesn' t mean that you' re going to get that house; 16 it just means that we made a decision based on the application before us and the building inspector 17 may find something else that' s not proper, but our decision doesn' t force him to allow you to build 18 that house or give you a building permit . This is a very small piece of what looks like a huge pie 19 here of litigation or whatever is going to happen, and we just need to make a decision based on these 20 and our decision doesn' t, to my mind, doesn' t hinge on whether these lots are merged or not . 21 CHAIRWOMAN OLIVA: Let' s move along. I ' d like to make a resolution closing the hearing 22 subject to the submission of a determination of the legality of the lot from the building 23 department . (See minutes for resolution. ) 24 MR. FITZGERALD: What does that mean? If we present this documentation to you, you will 25 continue as if you had it here and now? CHAIRWOMAN OLIVA: Correct . June 22 , 2004 32 1 2 MS . KOWALSKI : If there' s a determination that there' s a problem, then it will be a separate � 3 application. CHAIRWOMAN OLIVA: Thank you very much 4 for coming in. MR. FITZGERALD: Thank you. 5 CHAIRWO A OLIVA: Next hearing is for 6 Kevin and Susan errell, who wis to extend their deck and build a pool at less tha 100 feet from 7 the bluff in Matt ' tuck. MS . MESSIA 0: Good morni g, my name is 8 Catherine Messiano. I'm here on Ahalf of the Ferrells, who are he owners of pr perty located 9 at 130 Lloyds Lane 'n Mattituck. We are here before you requ sting a 10 variance for a setba k from the blu f of less than 100 feet . Mr. and M,s . Ferrell purc ased this 11 property a couple yea s ago; at that time they were given a CO for t e structure th.t was issued 12 in 1984 . At that time the final sur ey shows a house with an attache. deck, but the 0 was 13 written, for lack of a better term, v-ry poorly, and it just states a n w dwelling. I didn' t 14 illuminate the pertinences and attach ,ents . The final survey shows a de, k, however, tle Building 15 Department didn' t specifically state a deck. That' s part of the reason why we' re he e before 16 you. Mrs . and Mrs . Ferrell are propos ' ng to replace their existing d ck. They haven ' t taken 17 it down yet, it' s still s anding strong They found in doing some explo atory surgery, if you 18 will, they found that the deck was not o is not structurally sound enough ' n that its fo tings are 19 deficient, and therefore, hey want to r build the deck in-kind/in-place with ew conforming 20 structural supports with ne conforming st\ructural supports . In conjunction with that, Mr. and Mrs . 21 Ferrell would like to extend\the existing deck easterly and within that deck place a pool .\ I 22 would like to give the Board a copy of the plan because I understand there' s ben some confusion 23 as to what is the proposal . I ave a submisAion here that I'm going to give you that has a number 24 of other things that I' ll get t . 1 The existing deck is ap roximately 25 91 and-a-half feet from the edge of the bluff, 'and •. .Mrand Mrs . Ferrell are proposi g that deck June 22 , 2004 S1aFFtl1� ` APPEALS BOARD MEMBERS 0®7 • VSouthold Town Hall Ruth D. Oliva,Chairwoman t' 53095 Main Road Gerard P. Goehringer • ' P.O.Box 1179 Lydia A. Tortora +Prr t Southold,NY 11971-0959 Vincent Orlando 4' O-+++ TeL(631)765-1809 James Dinizio,Jr. -7- * 46/ Fax(631)765-9064 • http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES SPECIAL MEETING THURSDAY,MAY 6,2004 A Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS was held at the Southold Town Hall, 53095 Main Road, Southold,New York 11971-0959, on Thursday, May 6, 2004 commencing at 6:00 p.m. Present were: Rutli D.Oliva,Chairwoman/Member Gerard P. Goehringer,Member James Dinizio,Member Linda Kowalski,ZBA Confidential Secretary Absent were: Lydia A.Tortora,Member Vincent Orlando,Member • • 6:00 p.m. Chairwoman Oliva called the meeting to order. The Board proceeded with the first item on the Agenda as follows: I. SEQRA(none). II. PUBLIC HEARING: (none) I1[. DELIBERATIONS/DECISIONS. The Board deliberated on the following applications. The originals of each of the following applications were decided,with the original determinations filed with the Southold Town Clerk: APPROVALS,AS APPLIED: VACCARIILLO. LENISOUTHOLD FLOOR COVERING#5503. Request for a Variance under Sections 100-102 and 100-103C, based on the Building Department's December 11, 2003 Notice of Disapproval, and amended Notice of Disapproval, concerning a proposed building (retail flooring business)with a rear yard at less than 35 feet,and building length greater than the code limitation of 60 feet(linear frontage facing C.R.48). Location: 46025 C.R. 48, Southold; CTM 55-2-18.1.Zone: B Business. SANTACROCE,JOSEPH and MICHELLE #5506. Request for Special Exception under Sec. 100-31B(13)for an Accessory Apartment in conjunction with the owners' residence,at 695 Kerwin Boulevard,Greenport;CTM 53-3-17.3. • ' Page 2 -Minutes Special Meeting of May 6,2004 Southold Town Board of Appeals CHRISTOPHER and TRUDI EDWARDS #5509. Request for a Variance under Sections 100- 242A and 100-244, based on the Building Department's February 24, 2004 Notice of Disapproval concerning proposed additions to dwelling which will be less than 40 feet from the front lot fine. Location of Property: South Side of Madeline Avenue and east side of Crescent Avenue,Fishers Island; CTM 6-8-1. LAWRENCE KOTIK#5508. Request for a Variance under Sections 100-242A and 100-244, based en the Building Department's February 23, 2004 Notice of Disapproval concerning proposed additions with a front yard setback at less than 35 feet, at 10 Middleton Road, Greenport; CTM 40-5-12. McLEAN. LOCKE #5510 (new hearing and rehearing of #5388). This is a request for a Variance under. Section 100-244 bated on the Building Inspector's March 4,2004 Notice of Diisapproval,,and/or rehearing for a change Of use of the proposed addition,which addition was;approved under ZBA#5388 118/04, In part as a garage. The proposed construction will be less then 55,feet from the front lot line. Location of Property: Corner of Oriental Avenue and,the Gloaming;Fishers Island;CTM 10.10.5. ANASTASIADIS„GEORGE #5511. Request for a Variance under Section 100-244B, based on,th®;BOding bISPecteee February 24,2004 Notice of Disapproval,a.m.ended March 12, 204Iconcer.ning,a•proposed deck Which exceeds the code limitation of 20% for building coves ey at.505 Cpt:Kidd DriVe;Mattituck;CTM 106-5-6. ROIUTANELL1,,JOHN and HEATHER #5513. Request for a Variance under Sections 100- 242;A'iand .'1'00-244B,,'based' off, 'the Building I'nspector's February 5, 2004 Notice of Disapproalal.peneerrring proposed additions,an'd alterations to the existing dwelling which wil) be less th'an'kfeet'en a single side yard, at 3535 Cedar Beach Road, Southold; CTM 93=1L613. CORWIN, EVERETT and MARILYN #5504. Request for a Variance under Section 100-242A, based'on the Building Department's February,6, 2004 Notice of Disapproval, concerning a pr9p4ed second-story addition which will be less,than 35 feet from the front lot line, less 0'009 feet,an one side yard, and less than 25 feet for combined side yards, at 217 Oak Street,,Greenport; CTM 42-1-30. BARTENOPE.STEPHEN and THERESA#5517. Request for a Variance under Section 100- 242A,,based on the Building Inspector's March 15,2004 Notice of Disapproval concerning a proposed second-story addition at less than 40 feet from the front lot line, at 1450 Youngs Read,Orient; CTM 18-2-7. APPROVALS WITH CONDITION(S): CORNWELL.THOMAS #5473. Request for a Variance under Section 100-30A, based on the Building Department's December 1, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 15 feet on a single side setback, at 500 West Cove Road,Cutchogue; CTM 111-2-8.1. Page 3 —Minutes Special Meeting of May 6,2004 Southold Town Board of Appeals ® CI • TOMAN.ROBERT and SUSAN#5507. Request for a Variance under Section 100-244,based on the Building Department's February 26, 2004 Notice of Disapproval concerning a proposed deck addition with a front yard setback at less than 40 feet, at 3480 Main Bayview Road,Southold; CTM 78-2-13. BAUER, WILLIAM #5515. Request for a Special Exception under Section 100-31B(13) to establish an Accessory Apartment, in conjunction with the owner's residence, at 350 Skunk Lane,Cutchogue; CTM 97-3-7. MERIAM,'TOM and SUSAN#5514. Request for a Variance under Sec. 100.33, based on the BUilding Inspector's March 4, 2004 Notice of Disapproval, a.m. ended March 11, 2004, concerning a proposed accessory building (storage pool house) in a yard other than the required rear yard,at 1335 Marratooka Road,Mattltuck; CTM 115-11-26. COWAN HOLDING LLC #5505. Request for a Variance under Section 100-244, based on the Building Department's February 25, 2004 Notice of Disapproval concerning proposed additions and alterations at less than 10 feet from the side lot line, at 290 Smith Drive North,Southold;CTM 76-2-18. IV. RESOLUTIONSIOTHER ACTION: A. RESOLUTION ADOPTED; Appl. No. 5450 and 5432 -OSPREY DOMINION and i-IPA, and Appl. iso.5383-STANLEY MALON. RESOLUTION; Motion was made by Member Goehringer, seconded by Chairwoman Oliva,and duly carried,to extend the time for deliberations and vote on Applications 5450, 5432 and 5383 to the 613104 Special Meeting,as agreed by applicant's attorney. Vote of the'Board: Ayes: Members Oliva, Goehringer and Dinizio. (Abs: were: Members Tortora and Orlando.) This Resolution was duly adopted(3-1 B. RESOLUTION ADOPTED:Application#5533• -DEBRA VICTOROFF Motio 'as made by Chairwoman Oliva, seconded'by Member Dinizio, to - • • • - . ' - . mg, at applicant's �7 4/22104 requjest to 9;30'AM, June 22, 2004 pending submission by applicant to, and receipt of, Trustees review'determination regarding the question of wetlands. This resolution was duly adopted. C. New business(none). D. RESOLUTION ADOPTED: Motion was made by,and duly adopted to modify date of June Regular Meeting and Public Hearing calendar to Tuesday,June 22,2004 Instead of Thursday, June 17,2004: This Resolution was duly adopted (3-0). V. EXECUTIVE SESSION(none held). Brief reviews of pending files and general discussions by Board Members followed. No other board action was taken. There being no other business properly coming before the Board at this , +„ - Fi,. • ,Page 4 -MIn'utes Special Meeting of May 6,2004 Southold Town Board of Appeals I • time, Chairwoman Oliva declared the meeting adjourned. The meeting adjourned at 7:00 p.m. Respectfully submitted, ..--;cibitAge_e,c,,,,4c;(4.1‘,-2-4...-k•-4.-• Linda KowalsKi 5/24104 Secretary l6uded by Reference: ZBA Decisions(14) originals on file with the Town Clerk. 1 221--- /61). auLot. Approved for Filing RECEIVED '` I: f it.® ._... ' J• ,--dD __0c( 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 April 22, 2004 12 9 :30 a.m. 13 Board Members Present : 14 RUTH OLIVA, Chairwoman 15 VINCENT ORLANDO, Vice Chairman 16 LYDIA TORTORA, Board Member 17 GERARD P. GOEHRINGER, Board Member 18 JAMES DINIZIO, Board Member 19 LINDA KOWALSKI, Board Secretary 20 • 21 - 22 r I �'tt{s'� 23 24 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 • _c\C 2 2OLIVA: First public hearing is for -Debra Victorofft 9 :30 . Unfortunately, we 3 1/4_7 cannot hear that this, morning because they do not have the Trustees approval as yet. So we' ll have 4 to move that over until May 20th at approximately 1:30 in the afternoon. 5 BOARD MEMBER ORLANDO: Wasn't that going to be done the next month after we spoke the last 6 time? MS. KOWALSKI : Yes, the Trustees had a 7 meeting last night. I know it' s been like six months now, right? 8 CHAIRWOMAN OLIVA: It' s been on just about almost a year. 9 MS. KOWALSKI : I need a resolution on that. Ruth, make that motion? 10 CHAIRWOMAN OLIVA: Yes. (See minutes for resolution. ) 11 BOARD MEMBER DINIZIO: What are we moving on? 12 CHAIRWOMAN OLIVA: Victoroff, until May 20th because they don' t have Trustees approval. 13 It' s all set with us. He was in yesterday. 14 CHAIRWOMAN OLIVA: The next one is Mr. Cornwell, he lives on West Cove Road in 15 Cutchogue. We postponed that because the neighbor was not able to visualize what the concept was. 16 Mr. Strang, do you have anything to add to that? 17 MR. STRANG: Only that during that postponement, I have had several conversations 18 with Mr. Slattery, my client has had several conversations with Mr. Slattery, as well as 19 addressing a letter to him, trying to allay any of his concerns. And I assume that we've addressed 20 to his satisfaction whatever his concerns may be. 21 CHAIRWOMAN OLIVA: We have not received anything. 22 MS. KOWALSKI : I thought I had a phone call, it was a few weeks ago and he confirmed 23 exactly what Garrett said. He spoke with the architect and he really wasn't sure if he had any 24 concerns at all any more, and that was the last we heard. 25 MR. STRANG: Okay. So, I don't know if the Board has any further additional comments . April 22, 2004 . C of-e\-6e6-6 - I I 1 t r 5 2 /`riT, TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK STATE OF NEW YORK 3 - a 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 October 23, 2003 12 9 :30 a.m. 13 14 Board Members Present : 15 VINCENT ORLANDO, Vice Chairman 16 GERARD P. GOEHRINGER, Board Member 17 GEORGE HORNING, Board Member 18 19 20 21 22 23 24 n n•t r %" 7 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 Il 1 . 1 iolat3P �� 2 VICE CHAIRPERSON ORLANDO: My name is Vincent Orlando, and I' ll be acting as vice 3 chair today since the newly appointed chairpersot , Mrs. Oliva is not here today. 4 Also, we aye missing s=veral other people on the Board •oday. Me .er Tortora is out ill 5 today, and :lso our secretary Linda is out sick today. So it' s just the three of us here 6 today. We d,. hav- a quorum so we will be able to hold this me- ing. 7 Be .re we get to our first hearing, I'd ike to stand for the Pledge of 8 Allegiance. (Wlereupon, all present stood for 9 the Pledge of Allegiance. ) VIC ' CHAIRMAN ORLANDO: Thank you. 10 In our f i st meeting on the agenda is Applicat 'on 530:, Trippe and I have some 11 paperwor here t' at they are looking for an adjourn' ent to D_cember 18th at 9 :30 a.m. 12 BOARD MEMBER HORNING: I' ll make a motion to adjourn .t. 13 BOARD M MBER GOEHRINGER: Second. VICE CHAIRMAN ORLANDO: All in 14 favor. (Whereupon, all Board Members 15 present responded in favor. ) 16 17 VICE CHAIRMAN ORLANDO: Next on the agenda is Application 5334, Debra 18 Victoroff. We have to wait two minutes for you until 9 :40_ We're a little bit early. 19 The time is now 9 :40, so the floor is yours. 20 MR. FITZGERALD: Good morning, I'm Jim Fitzgerald representing Mrs. Victoroff. 21 When last we met, the issue of wetlands was the major topic, and I'd like to 22 address those questions first . The neighboring property owners 23 apparently have only lately become concerned with the presence of wetlands in their 24 community; however, we note that Colette w•: Politis got a permit to build a deck addition 25 in 1998, and Corinne Chick got a permit to build a new dwelling in 2000 . These are both October 23 , 2003 3 1 2 adjoining prOperties. With wetlands in the area both projects would require at least a 3 Trustees permit . If those permits had been obtained, it would have necessitated 4 delineating the wetlands and we would not be talking about hiring someone to do it now. 5 The neighbors have pictures of the alleged wetlands and we have asked for copies 6 to review, along with information as to when the pictures were taken and the details of the 7 camera placement, the direction of view in each case. I have briefly examined the 8 pictures at the Trustees office and found that they don' t look like any part of our property 9 that I have seen. We have a current report from En 10 Consultants concerning the wetlands, not alleged anymore. Mr. Hermann says according 11 to the definition of Chapter 97 of the Town code, there are wetlands on or near the 12 property. He says, among other things, the ecological value of the wetland is limited; 13 the wetlands area is small and lacking in diversity. - It is comprised almost entirely of 14 fragmites and nonnative and invasive plants. It is completely surrounded by development. 15 It is extremely limited in its ability to provide habitat or corridor for wildlife. 16 It' s current primary function appears to be as a catch basin for runoff from the surrounding 17 properties, and it appears that its boundaries have been artificially altered by surrounding 18 development probably because of fill placed to raise the adjoining properties. 19 So, that in addition to the construction project I mentioned, it appears 20 that the adjoining property owners at one time placed fill directly in the wetlands, which 21 placement of fill was causing or contributing I for the need for our property to serve as a 22 catch basin. Having said all that, I must now 23 point out that it has been the practice of this Board to review and act upon applications 24 for area variances without consideration of the presence or absence of wetlands on or near 25 the property in question. The Board knows that if wetland permits are required for a : I October 23, 2003 4 1 2 given project the Building Department will not issue a building Permit without evidence that 3 such permits have been obtained, the same applies to permits issued by the health 4 department for the installation of sanitary systems . 5 I suggest that the Board should act upon the present variance, without regard 6 to wetland situation, with the knowledge that that aspect of the project will be reviewed by 7 the Trustees, and they do indeed know about this project. If our application to the 8 Trustees result in the need to reconfigure the project plan, we will, of course, return to 9 the Board for further review and approval. Getting to the specific project, 10 the Building Department disapproval, as you know, has been amended several times so that 11 it reflects our current proposal. The project plan has been revised dated 9/12/03, and 12 copies have been provided to the Board. The deck surrounding the pool has been reduced in 13 size, as has the deck on the north side of the house so that the total coverage is less than 14 20 percent. The porch shown in the original plan has been deleted from the drawing since 15 the Town code exempts it from including it in computing the setback. 16 The revised project plan dated 9/12/03 reflects our attempt to minimize the 17 relief requested. The side yard setbacks meet the regulatory requirement. The overall depth 18 of the property varies from 77 feet to 86 feet. In passing, we should note that these 19 depths are the same respectively on the properties on either side of ours. With the 20 required 35 foot front and rear yard setbacks, the house would be only seven to 16 feet deep. 21 The proposed house is only 24 feet deep and the rear deck which adds eight feet to the 22 overall depth, is a minimal amenity. The proposed front and rear yard setbacks are not 23 inconsistent with other properties in the neighborhood. 24 At the last meeting Miss Rosenblum, the attorney, said they had a 25 question about the single and separate search, and we've asked for specifics on that but October 23 , 2003 4 1 2 given project the Building Department will not issue a building permit without evidence that 3 such permits have been obtained, the same applies to permits issued by the health 4 department for the installation of sanitary systems . 5 I suggest that the Board should act upon the present variance, without regard 6 to wetland situation, with the knowledge that that aspect of the project will be reviewed by 7 the Trustees, and they do indeed know about this project. If our application to the 8 Trustees result in the need to reconfigure the project plan, we will, of course, return to 9 the Board for further review and approval. Getting to the specific project, 10 the Building Department disapproval, as you know, has been amended several times so that 11 it reflects our current proposal. The project plan has been revised dated 9/12/03, and 12 copies have been provided to the Board. The deck surrounding the pool has been reduced in 13 size, as has the deck on the north side of the house so that the total coverage is less than 14 20 percent. The porch shown in the original plan has been deleted from the drawing since 15 the Town code exempts it from including it in computing the setback. 16 The revised project plan dated 9/12/03 reflects our attempt to minimize the 17 relief requested. The side yard setbacks meet the regulatory requirement. The overall depth 18 of the property varies from 77 feet to 86 feet. In passing, we should note that these 19 depths are the same respectively on the properties on either side of ours . With the 20 required 35 foot front and rear yard setbacks, the house would be only seven to 16 feet deep. 21 The proposed house is only 24 feet deep and the rear deck which adds eight feet to the 22 overall depth, is a minimal amenity. The proposed front and rear yard setbacks are not 23 inconsistent with other properties in the neighborhood. 24 At the last meeting Miss Rosenblum, the attorney, said they had a 25 question about the single and separate search, and we've asked for specifics on that but October 23 , 2003 5 1 2 haven't heard anything yet. I have a chart which depicts the ownership against time of 3 all the properties in the neighborhood, if you would like to see that. Thank you. 4 BOARD MEMBER GOEHRINGER: Are you going to give us a copy? 5 MR. FITZGERALD: Pardon me? BOARD MEMBER GOEHRINGER: Are you 6 going to give us a copy? MR. FITZGERALD If you'd like. 7 As a matter of fact, I' ll give you seven copies. The numbers across the top of the 8 chart are the lot numbers on the tax map. VICE CHAIRMAN ORLANDO: Any 9 questions from the Board Members? BOARD MEMBER HORNING: Mr. 10 Fitzgerald, on the Notice of disapproval that was amended October 16th, is that the last one 11 and the one that we would be considering? MR. FITZGERALD: Yes, yes, I would 12 hope it' s the last one. BOARD MEMBER GOEHRINGER: Mr. 13 Fitzgerald, I know you very well and I know you do a very good job, but I have some 14 problems with what you were saying. The Zoning Board of Appeals and the Town Trustees 15 have overlapping jurisdiction, okay, and I' ll tell you where that overlapping jurisdiction 16 is : We have laws within the zoning code which allow minimum setbacks from tidal water. 17 MR. FITZGERALD: When you say "we, " you mean -- 18 BOARD MEMBER GOEHRINGER: The Town Trustees under their section and the zoning 19 Board of Appeals under their section; they're under a different section, we' re under this 20 section, okay. In situations where there are 21 wetlands, the Town Trustees require minimum setbacks. We are not an environmental 22 organization. We will at all times acquiesce or agree to what their minimum setbacks are 23 regarding a wetlands review on their part, okay. So, this is just my opinion, I am not 24 speaking for the Board, okay. If there is some detection of 25 wetlands, and there is some protection of those wetlands, okay -- so I don' t know who October 23, 2003 , 6 1 2 this is -- and this is not a sarcastic statement, I don' t know who this Mr. Howard 3 you are referring to? MR. FITZGERALD: Hermann. 4 BOARD MEMBER GOEHRINGER: I don't know who he is; is he an environmental 5 consultant? MR. FITZGERALD: He' s the north 6 fork guy of En Consultants . BOARD MEMBER GOEHRINGER: Of En 7 Consultants, okay. We don' t have a copy of that or I didn' t receive a copy of that. 8 MR. FITZGERALD: We just got it yesterday. 9 BOARD MEMBER GOEHRINGER: So you' ll give us a copy of that report? 10 MR. FITZGERALD: Sure. BOARD MEMBER GOEHRINGER: So at 11 the very least, the Trustees should look at what the situation is, and if they make 12 recommendations as to what Mrs . Victoroff has to do regarding the construction of this 13 house, we would want to know that prior to the decision being granted by this Board. I'm 14 just telling you that. They may require something as minimal as downspouts on the 15 roof . MR. FITZGERALD: Yeah, they 16 routinely do. BOARD MEMBER GOEHRINGER: That may 17 be the situation, but it' s very important that we know that at this point so we can embody 18 that within a decision. MR. FITZGERALD. One of the things 19 that was on the end of that speech that I read was an example of a recent situation in which 20 I stood here and talked about a project that was bounded on one side by a dredged canal, 21 with a bulkhead. I looked at the minutes of that hearing, and the word "wetlands" doesn't 22 come up. The word wetlands does not appear in the minutes. There' s no discussion of 23 wetlands, the Trustees, or anything of that sort, and that has always been the case in my 24 dealings with the Board. BOARD MEMBER GOEHRINGER: Can I 25 continue? VICE CHAIRMAN ORLANDO: Sure, October 23, 2003 7 1 2 please. BOARD MEMBER GOEHRINGER: The 3 reason why is because there was a bulkhead, right, and we will always go to the Trustees 4 when there is not a bulkhead but when the bulkhead exists, that' s the line between the 5 water and the land. So you will not necessarily hear the word wetlands, unless of 6 course, there are wetlands adjacent to or ' contiguous to the bulkhead. Which has either 7 not been backfilled or has been preserved in some manner or form so as it' s in its natural 8 state. MR. FITZGERALD: There were not in 9 this case. BOARD MEMBER GOEHRINGER: Right. 10 MR. FITZGERALD: However, a Trustees permit is still required. Because 11 they don' t look upon the bulkhead as a line. BOARD MEMBER GOEHRINGER: No, we 12 do but they don't. MR. FITZGERALD: I understand. 13 But the participation of the Trustees in the overall scheme of things is the same in either 14 case, and the -- I can assure you that the Trustees will require a permit in this case. 15 And as I said here, and I discussed with the then chairman, we would be -- if it turns out 16 that you should, for instance, approve this application for a variance, and we go to the 17 Trustees and they say, no, you can't build a house here, you've got to have it there, and 18 this is in conflict with what you approved, we' ll be back here again. 19 BOARD MEMBER GOEHRINGER: Then you have to reopen the hearing. You' ll have to 20 start a new hearing. MR. FITZGERALD: It' s a question 21 of which came first. I have a sense you're leading up to saying that we're going to have 22 to do this again after the Trustees. BOARD MEMBER GOEHRINGER: Why do 23 that when all you have to do is adjourn this hearing until you get a Trustees 24 determination? MR. FITZGERALD: That' s what I'm 25 saying. The last time we were here the Board said that you expected to resolve this issue October 23, 2003 8 1 2 at this hearing. Now, if something has changed other than the fact that I said that I 3 didn't think that was your concern, the wetlands, then I' d like to know what it was. 4 BOARD MEMBER GOEHRINGER: There' s no bulkhead, we're concerned. That' s my 5 opinion; that' s not the Board' s opinion, that' s my opinion. 6 VICE CHAIRMAN ORLANDO: One comment first, Mr. Fitzgerald. I think what 7 we need to do here is have this professionally flagged and then resurveyed. I think that 8 solves all the guesstimation on where the wetlands are. I'm sure you know there are 9 surveys that say wetland and have it resurveyed. We have a letter here from the 10 Trustees saying there are wetlands, I guess at first glance without having it flagged and it 11 needs to be a 140 foot setback from those wetlands, the property' s only 80 foot deep. 12 MR. FITZGERALD: With all due respect that's not necessarily so. 13 VICE CHAIRMAN ORLANDO: I'm just quoting off the letter from the Trustees . 14 MR. FITZGERALD: The Trustees have jurisdiction within 100 feet . They don' t 15 require 100 foot setback. VICE CHAIRMAN ORLANDO: I think it 16 would be hard pressed for the zoning Board to , make a decision on where the house should go 17 if we're not familiar with where the wetlands are on that project. And I so I agree with 18 Mr. Goehringer, we should have a professionally flagged survey and then we can 19 make a decision if the house is located properly. 20 MR. FITZGERALD: The property has been professionally flagged by Mr. Hermann of 21 En Consultants . VICE CHAIRMAN ORLANDO: I don' t see 22 a copy in the file. MR. FITZGERALD: No. We don' t 23 have the survey yet because it was not done. The thing I don' t understand is are you saying 24 that in every case where there' s not a bulkhead you require a Trustees permit before 25 you will consider a variance in a wetlands situation? October 23 , 2003 9 1 2 VICE CHAIRMAN ORLANDO: That was your comment, you can follow up with that. 3 BOARD MEMBER GOEHRINGER: Most certainly yes, if there are wetlands within a 4 hundred feet of the construction, yes. MR. FITZGERALD: And has that 5 always been the case on every -- BOARD MEMBER GOEHRINGER: Yeah. 6 MR. FITZGERALD: If I were to be able to show you, say, ten applications in 7 which that was not the case, would you be willing -- 8 VICE CHAIRMAN ORLANDO: Are these zoning Board applications or just the Building 9 Department? MR. FITZGERALD: Zoning Board 10 applications. BOARD MEMBER GOEHRINGER: We have 11 had one very smart person in Orient, sir, that erased the wetlands off the map and then 12 resubmitted the map. MR. FITZGERALD: That person is 13 not standing in front of you today. BOARD MEMBER GOEHRINGER: That is 14 not the person standing in front of me today -- us . So what I'm saying, I understand 15 your frustration, but there are a couple situations that have most recently occurred, 16 one of which is it on Westphalia Road, a couple had wanted to put an addition which is 17 a small bathroom on the back of their house which came before us. That became a Trustees 18 issue, and we closed the hearing. We were unable then, and we were barred from putting 19 any further information into the hearing based upon that, and we did not know that it was 20 within about 75 feet of tidal water. We thought it was more than that, well landward, 21 but they did require to get a Trustees determination. I don' t know if they got a 22 Trustees permit but they did get a Trustees determination. As you know the Trustees in 23 the past have granted waivers. For the past few years there were no waivers granted, 24 everything is done at a meeting now and that was based upon Counsel' s determination. So 25 that's where we are at this point . VICE CHAIRMAN ORLANDO: Let' s hear October 23, 2003 10 1 2 from -- MR. FITZGERALD: So the answer to 3 the question is yes. My question is that if there are wetlands involved and everybody 4 would agree that that was so, you require that there be an approved Trustee permit before you 5 will finally consider the application for variance? 6 VICE CHAIRMAN ORLANDO: Or a letter of nonjurisdiction? 7 MR. FITZGERALD: An approved Trustee finding one way or the other. 8 BOARD MEMBER GOEHRINGER: And I have to tell you, Mr. Fitzgerald, and I'll 9 leave it at this point, that is the only way you're going to get a building permit anyway. 10 MR. FITZGERALD: I'm sorry? BOARD MEMBER GOEHRINGER: That' s 11 the only way you're going to get a building permit anyway. 12 MR. FITZGERALD: I understand that, and that, the way the system has worked 13 up until now is we do all this stuff, then we go to the Trustees or the other way around if 14 it works out that way, and the two agencies operate independently because they have 15 independent areas of concern. And then we go to the Building Department and they say you 16 got a variance, yes. You got a Trustee permit? Yes; you have a DEC permit? Yes. 17 You have a Health Department permit? Yes. And if all these agencies, including your own, 18 start to say we need to see all the other permits first, then it becomes impossible. 19 And what about Health Department permits, do you require a Health Department permit first? 20 BOARD MEMBER GOEHRINGER: In some cases . It's always subject to a Health 21 Department permit but in some cases . MR. FITZGERALD: Of course the 22 Building Department will.not issue, as you know, a building permit without all the other 23 necessary permits . So, what finally I will say this and then shut up and sit down, the 24 Trustees area of expertise is wetlands, your area of expertise -- 25 BOARD MEMBER GOEHRINGER: And tidal water. October 23, 2003 11 1 2 MR. FITZGERALD: Pardon me? BOARD MEMBER GOEHRINGER: And 3 tidal water, and tidal water. It' s not limited to wetlands -- and tidal water. 4 MR. FITZGERALD: Yes. The Trustees area of expertise is freshwater 5 wetlands, tidal wetlands, tidal water, low marsh, high marsh, all those good things, 6 that's their business. And up until today, I thought that your business was, in a case like 7 this, area variances, setbacks, lot coverage, and items of that sort, and I don' t 8 understand, still, how you're doing anything other than noting the presence of the wetlands 9 - and saying, hey, you need a Trustee permit. You understand that? 10 VICE CHAIRMAN ORLANDO: Mr. Fitzgerald, it affects our opinion and our 11 decision where we feel the house and/or pool should be located with these wetlands nearby. 12 So you're asking us to make a decision blindly without knowing where they're located. That's 13 not fair to us or anybody else. MR. FITZGERALD: Let me ask you 14 this : If you knew where the wetland line was, if you had the survey in front of you -- 15 VICE CHAIRMAN ORLANDO: It would help us make a determination. 16 MR. FITZGERALD: Wetlands flagged, what standards would you apply to the location 17 of the house on the property; how would you determine what the setback should be from the 18 wetlands line? VICE CHAIRMAN ORLANDO: I think 19 that's why Mr. Goehringer was asking to go to the Trustees. 20 BOARD MEMBER GOEHRINGER: We're going to take their recommendation, that' s 21 what we' re going to do, Mr. Fitzgerald. MR. FITZGERALD: Pardon? 22 BOARD MEMBER GOEHRINGER: We're going to take the Trustees' recommendation. 23 Now, if you would allow me, Mr. Chairman, to finish this up. 24 VICE CHAIRMAN ORLANDO: Real quick. 25 BOARD MEMBER GOEHRINGER: Okay. We are dealing with setback situations. They October 23, 2003 12 1 2 are Type 2 actions under SEQRA, and that is our threshold; we cannot go any farther than - 3 that. The minute you're talking wetlands, you're talking an unlisted action or the 4 possibility of a long environmental assessment form, which could end up with a Scoping 5 session, which could end up with an Environmental Impact Statement, okay, for a 6 single lot. And that happened, sir, right around the corner from this piece of property, 7 and that situation went on for three years, and we can direct you to that piece of 8 property because exactly the same situation happened, except -- 9 MR. FITZGERALD: You mean the people didn't go to the Trustees first, and as 10 a result of that -- BOARD MEMBER GOEHRINGER: Exactly. 11 And I will directly you personally to that piece of property. The name escapes me at 12 this point, but it went on for three years. What we' re trying to do, and we' ll leave it at 13 this point, is to say, we want you to get all your approvals, and we just want to know where 14 the situation fits in, that's what I'm saying. VICE CHAIRMAN ORLANDO: Okay. 15 MR. FITZGERALD: After we come back with the Trustee permit, will you then 16 require a Health Department permit? BOARD MEMBER GOEHRINGER: That' s 17 subject to, everything is always subject to -- MR. FITZGERALD: I'm sorry? 18 BOARD MEMBER GOEHRINGER: Subject to the Health Department approval . 19 VICE CHAIRMAN ORLANDO: Is there anybody else who would like to speak for or 20 against this application? MS. ROSENBLUM: Yes, thank you. 21 Helen Rosenblum, 1287 East Main Street, Riverhead, New York, here on behalf of the 22 Rosakis and other neighbors of this property. First I wanted, if I can approach, 23 I have one original of our land use survey, I'm getting other originals . I have copies . 24 They're not all that clear. One has been furnished to Mr. Fitzgerald this morning and 25 I'm going to get him an original also. Thank you. If you want copies you can have copies October 23 , 2003 I 13 1 2 but otherwise I' ll get you some originals so that everybody has some. 3 VICE CHAIRMAN ORLANDO: Copies will be fine. 4 MS. ROSENBLUM: Okay, good. The reason I offered the originals is because the 5 aerial is very hard to read. But on the original you can kind of make it up, what he 6 was compelled to do, naturally, was not to go on the property. 7 VICE CHAIRMAN ORLANDO: It' s dense property, I've been there. 8 MS. ROSENBLUM: First I want to start off by saying that I think personal 9 attacks on my clients with respect to permits that they lawfully obtained from the Town are 10 really inflammatory, and I think they're also irrelevant. I don't know when the permits 11 were issued, but regardless of that, they were obtained and they were issued. Perhaps the 12 Town regulations were different at that time, but whatever it is they met Town code, they 13 got what they needed in the way of permits. They're not linked, so I object to the 14 characterization that they are lately concerned with wetlands . It' s absolutely 15 unfair. Mr. Fitzgerald doesn't know my clients. He doesn't know what their thinking 16 is, and it' s something that' s not proper as far as a method for addressing the Zoning 17 Board. There are some housekeeping issues 18 that we feel should be addressed. The legal notice that is for this hearing now was based 19 on the original notice of disapproval. It's been amended four times since then, or it' s 20 been amended three times since then. That notice of disapproval referred to property 21 that was in excess of 13 , 000 square feet. It had a lot coverage of 11 percent; the lot 22 coverage changed. That original one is what's referenced in the legal notice. I think there 23 have been so many changes in the whole configuration, particularly with respect to 24 the fact that the lot is now substantially smaller than what was in that original notice 25 of disapproval. Maybe another legal notice would be appropriate so that the neighbors, October 23 , 2003 1 14 1 2 additional neighbors are told by the Town that there have been amended notices of disapproval 3 and they have what the current one is . Similarly, I know Mr. Fitzgerald 4 because he kindly did provide a copy to me of the drawings of the most recent iteration of 5 this project. They were basically what seems to me not surveys; they were hand drawings of 6 the revisions to the contours of the house, which were very unclear. For example, I had 7 thought that the porch was removed, and I didn't know how you were going to get into the 8 house. In fact, as he just mentioned, the porch was removed because apparently it 9 doesn't count in the building area or in the setback area. I think that people are 10 entitled to have an accurate survey with proper setback, not just something that' s 11 drawn in. Regarding the Zoning Board 12 application, at the time it was originally submitted with the original notice of 13 disapproval no references were made to wetlands . I think that would have to be 14 changed. I think that' s become a dominant issue here. I'm sure based upon his 15 information he did what he felt was his best in preparing the application, but I think 16 there is a change now and that should be reflected in the application, which would lead 17 again, I believe, to a more accurate legal notice. 18 Also in the survey, the original survey, the existing flood zone, which I 19 believe there is a flood -- it' s in a flood zone, is not mentioned, the elevations are not 20 drawn to the specifications of the Town code. All these things should be in an updated 21 survey. With respect to the wetlands application, I did call the Trustees 22 yesterday, they indicate they received nothing from Mr. Fitzgerald. They do have a copy of 23 ours and have had it for the better part of a month, and we received a notice from them, 24 which you referred to, that there are wetlands . I couldn't express more -- you 25 know, I defer to what the two of you have basically said, which is the wetlands issue is October 23, 2003 15 1 2 so -- if I can paraphrase what you said -- the wetlands issue is so important that I really 3 don' t know how you can proceed. If you lock at what we submitted, you' ll see that the 4 wetlands take up almost the entire amount of the property in one form or another. Either 5 they're trees, and I understand that some of them are fragmites and I recognize the value 6 of the fragmites or the lesser value of the fraymites to the trees, but there are bands of 7 wetlands that extend almost to the entire amount of the property. And I don' t think you 8 can just disregard it . I don't even know where there would be space on this property to 9 put anything, quite frankly, given what land use has come up with. 10 I think that that is really basically it. I would like to ask, not that 11 it just be adjourned but that really that the process be restarted with a proper legal 12 notice that doesn' t reflect a notice of disapproval which has been amended, which is 13 now in its fourth iteration and that a proper survey be submitted with proper elevations and 14 proper information. I think then we' ll all know where we're going and what we're dealing 15 with. Thank you very much. VICE CHAIRMAN ORLANDO: Do you 16 want to comment on that? BOARD MEMBER GOEHRINGER: Mr. 17 Fitzgerald has not submitted his report from Mr. Hermann who is again the north fork 18 gentleman who has the expertise from En Consultants. I do know both En Consultants 19 and I know Mr. Bowman, and I think what you' re going to see is an integration of the two of 20 them in reference to their opinion of where things are. The Trustees are going to be the 21 judges of that, okay. I could not concur with you more that we have to have, and I think 22 that discussion with Mr. Fitzgerald is that we should direct him to go to the Trustees at 23 this point, which I think he' s going to do, and I think it will be up to the Trustees to 24 direct whatever surveys they may need at this particular point . Okay, thank you. 25 MS. ROSENBLUM: Thank you. MR. FITZGERALD: It's important, October 23 , 2003 16 1 2 Ms. Rosenblum indicated that I was -- implied that I was being nasty by mentioning the 3 previous application, the dates, which were given in my speech for the building permits 4 that were issued to adjacent property owners was such that they were certainly within the 5 time frame when permits for freshwater wetlands were required by the Trustees. My 6 point in mentioning them, as indicated by the comments that I excerpted from the En 7 Consultants report, is that it's his opinion that in performing these other operations on 8 adjacent properties, is one of the reasons that these wetlands exist on our property now, 9 and continue to exist, because the property is serving,• in his words, as a catch basin for 10 runoff from all the adjacent properties . And I think the discussion of previous activities 11 on adjacent properties is not a mean and nasty thing to put before this Board. 12 VICE CHAIRMAN ORLANDO: Yes . MS. ROSENBLUM: I just wanted to 13 say one thing here, which is, my clients are good citizens and I don' t think it' s relevant 14 why something exists on the subject premises and I'm not accepting his interpretation as to 15 why there are wetlands; what really is relevant before you is what is . 16 VICE CHAIRMAN ORLANDO: All right, thank you. Open this up to suggestion, but I 17 think we' ll leave this open. Adjourn it with no date. 18 MR. FITZGERALD: I'm sorry? VICE CHAIRMAN ORLANDO: We' re 19 going to leave this application open and adjourn it with no date, which means you need 20 to do certain actions with public notices, but I believe you don' t have to pay any more 21 money. You can avoid new payments but since you don't know when you're going to get on the 22 ballot with the Trustees, we' ll leave it open with no date. 23 MR. FITZGERALD: I do know when we get on the agenda with the Trustees . It will 24 be at their November meeting. VICE CHAIRMAN ORLANDO: Aren't 25 they in a moratorium; how can they make a decision, accept the application? October 23 , 2003 17 1 2 MR. FITZGERALD: We will have a decision from the Trustees at their November 3 meeting. So, and I say that only because if you're already filling up the December agenda 4 for the Zoning Board, I would like to be able to get on that, and I have some understanding 5 of how the Trustees work, and the application will be in to them in time for it to be on the 6 November agenda. VICE CHAIRMAN ORLANDO: So you're 7 comfortable with a December date then? MR. FITZGERALD: Absolutely. 8 BOARD MEMBER GOEHRINGER: We just don't know if we have room for you on the 9 December calendar, and •that' s the problem. So I'm going to suggest to the Chair that we hold 10 this over for a date until the November 6th meeting, and we' ll give you a date at the 11 November 6th meeting. MR. FITZGERALD: I would think 12 that we had some sort of -- BOARD MEMBER GOEHRINGER: Priority. 13 MR. FITZGERALD: Preemptive power in getting on your December agenda. 14 VICE CHAIRMAN ORLANDO: Well, unfortunately_we're light with staff, and our 15 secretary who knows all the magical answers has called in sick today. So we're kind of 16 behind the eight ball with answers to that . BOARD MEMBER GOEHRINGER: As you 17 know, she' s very rarely sick and she makes every meeting. So we're just asking you, 18 we'll call you with a date or you can call us on the 7th. 19 MR. FITZGERALD: Linda won' t be back until then? 20 BOARD MEMBER GOEHRINGER: We need to make a motion, Mr. Fitzgerald, and the only 21 time we're going to have another tribunal is on the 6th of November. 22 MR. FITZGERALD: You have to put things on the agenda on the basis of a 23 tribunal? VICE CHAIRMAN ORLANDO: Correct . 24 BOARD MEMBER GOEHRINGER: We can't call, in a hurricane we can call, but thank 25 God this hasn't happened this year. VICE CHAIRMAN ORLANDO: So how do October 23, 2003 18 1 2 you want to adjourn this? BOARD MEMBER GOEHRINGER: Adjourn 3 this to November 6th at the request of the agent for the applicant, James Fitzgerald. 4 VICE CHAIRMAN ORLANDO: I make a motion to adjourn this to November 6th, 5 special meeting. BOARD MEMBER GOEHRINGER: Second. 6 VICE CHAIRMAN ORLANDO: All in favor? 7 (Whereupon, all Board Members present responded in favor. ) ,�, VICE CHAIRMAN ORLANDO: Next 10 Apolication 5221, Denn, Daniel Denn, anyone? So make a motion to adjourn this 11 wit no date. Make a motion to adjourn App 'ication 5221 at this time with no date. 12 BOARD MEMBER HORNING: Second. VICE CHAIRMAN ORLANDO: All in 13 favor? (Whereupon, all Board Members 14 presen responded in favor. ) 15 16 VICE CHAIRMAN ORLANDO: Next Applicat 'on 5375, Fasbach. Is there anyone 17 here rep esenting? Mr. Lark? MR. LARK: Richard Lark, Main 18 Road, Cutc' ogue, New York for the applicant . On this adjourned hearing we're 19 here for two purposes today, one to approve the propose. revised bedroom plan which has 20 been submitt-d to you by the architect, Meryl Kramer, and t',e issue there is on the 21 variance, appl ' cants variance for lot coverage. The -econd issue that we have here 22 today is to obta'n approval of the existing deck on the rear of the premises so that the 23 building departme 't will be in a position to issue what they cl.,im is a CO necessary for 24 same. Okay, n. on the first issue Meryl 25 Kramer, who' s here t.day if you have any questions of her, sublitted a revised plan October 23 , 2003 f '' ' 4- A- ? 1 Page 2;=`AAg itda t id:$/18/03 . August 1,2003 F ggular Meeting `Southold Towii Board of Appeals I r\I • i�; of z•,WLct_y 16))349J'AA:agAfif5o), __H 11-0,0,/04,-"19PL. )it,• 1, / i 11}l IL PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. ll testimony shall be limited to zoning issues properly before the Board. •'4' t30'am, B.-and R TRIF'PE ##5300 and #.530& car over from 5/1 Based on the Building Der artmenfs r.. , q ( rY •. g p HI 1 _- nary.- 21, 2003 amended Notice, of Disapproval, applicants request Variances under Sections 100-33, ection 100-31A, to construct an accessory swimming pool and garage/accessory,structure in'a•front.yard `�_' '0a�. The:accessa buildingwas disapproved also as a second dwellingconstruction, by design. Locatin of :r �. ry pp . 9.- , ,;t Rroperty: Central Avenue, Fishers Island; 6-3-6,1. (Pending submissidri of 6/19 amended Floor Plans by '',i.applicant to Building Departinent for determination.). Stephen L. Ham III, Esq. , .40, .m. DEBRA VICTOROFF #5334. 1 arried from 6119 - pending review by Building Department of `prop•'-d.lo :,,,tio6 of ac,o:}- a - • . •r Mr.T. Roslak1 adjacent landowner, for time to consult counsel). *pp1i'ca t rpquests a Variance,unddr'Section' t00 244, based on the•S'uilding Department February 11, 2003 • ' . dtice Disapprpiial,fora propos td aWelIing at less than 36eeet horn the front property line and less than 35 t 4'et,.ft9tet the reatIot Brie,at 445artd 505'Dogwood Lane,$oi thtild,, CTM 54-5-55&29.1 (as'one lot). Pr'oper- ervic'es,.Inc. ' , J•0;am, ',CHARLES BOCKLET #5364. Based on the Building Department's April 14, 2003 Notice of '< saiiproval;_amended duly- 14, 2003, applicant'requests a Variance under Section 100-30A.3 to construct ditionsfaatOra' tidns-to an existing' dWelling with a rear yard at less than 50 feet, at 1295 Robinson Lane, �ecorric; O1#1000-98-5-Z 3 and 4 (combined as one). ' :00 afm ,DbNALDANN1NO,#5372. Based on the Building Department's May 9,2003 Notice of,Disapproval, plicar t r .ue$ ,a Varian*under Section 100-244 to construct an addition to the existing dwelling with a 'ear yard s tackat less:than 80 feet,at 1400 Hiutathas Path, Southold; CTM#78-3-48. P:10 am., ibONALD AND VIVIAN SONNENBORN #5315. Based on the Building Department's January 9, .;03 l�lotice pf bisapproval,'applicants request a Variance under Sections 100-242A and 100-244,:to construct - , if ions/altdratigtts to•an a eating,dwelling with side yards at less than 20 feet on a single yard and less than feet f�or;beth yards, at 69b O d Woods Path, Southold; CTM#87-1-20. , or.20 a.m. LINDA,.FASBACH #5375. Based on the Building Department's May 12, 2003 Notice of apprdval, applicant rpou#stt variances 'under-Sections 100-239.B, 100-242A, and 100-244, for proposed: ' ; i ?addition to an exiating dwelling;.with,total side yards at less than 25 feet, (2) 'as built' deck addition at less rt 75, feet;,from't)a bulkhead,, (3) lot coverage in excess of the code limitation of 20% of the lot size. cation of;�Rroperty::•2905 Bay Shore Road,Southold;• Iuthold; OTM#53-6-4. 30 aym, A DREW;NII OLICH ##5368. Based on the Building Department's April 25, 2003 Notice of I. l sapprovat; attended May'6, 2003, applicant i$ requesting variances for an accessory shed and addition to +; •existing`c dweL.11ing, both•less.than 75 feet from the bullhead,at 850 Budds Pond Road, Southold;#56-5-15. x':40 am, JOSEP-H,-DOROTHY'AND SUSAN ULRICH #5370. Based on the Building Department's March ' �;, 2003 Notice of Disapproval, applicants request a Variance under Section 100-244 for an 'as-built' deck aal`ddition at less than 00 feet:from-the rear property line, at 2345 Mill Creek Drive West, Southold; CTM#51-6-39. 1 . t }}{nt,,_pay hrxt1100 1 be' 2 +'„ , TOWN OF SOUTHOLD ZONING BOARD OF APPEALS .1`'gte't) COUNTY OF SUFFOLK STATE OF NEW YORK 3 4 X 5 TOWN O F SOUTHOLD 6 7 ZONING BOARD OF APPEALS 8 9 X Southold Town Hall 10 53095 Main Road Southold, New York 11 August 21, 2003 12 9 : 00 a.m. 13 • 14 Board Members Present : 15 LYDIA A. TORTORA, Chairwoman 16 GERARD P. GOEHRINGER, Board Member 17 GEORGE HORNING, Board Member 18 RUTH OLIVA, Board Member 19 • VINCENT ORLANDO, Board Member 20 LINDA KOWALSKI, Board Secretary 21 22 23 24 ._IE 25 COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 IQl/ 3 8 1 SITcj 2 matter. I would request that I be copied with ,. all of hese things as they emanate from Mr. 3 Hamm' s office. MS . KOWALSKI : Mr. Hamm, we would 4 need to .sk you if you would furnish those to Mrs. Rose,.lum. 5 MR. HAMM: Absolutely. I apologize or lack of doing so last time. 6 MS. ROSEBLUM: What time is it on the 23rd? 7 IHAIRWOMAN TORTORA: I'm going to make a motion to adjourn the hearing on 8 October 23rd at 9 :30 a.m. ; is that convenient for you? 9 MR. HAMM: That' s fine. CHA 'WOMAN TORTORA: Is that 10 convenient for you? MS. RIISEBLUM: Yes . 11 CHAIR OMAN TORTORA: Anyone like to second that motion? 12 BOARD M:MBER ORLANDO: Second. CHAIRWO TORTORA: All in favor? 13 (Whereupo • , all Board members responded in favor. ) 14 CHAIRWOMAN SRTORA: Motion carried. 15 .r .Lhe next hearing is on behalf of Debra Victoroff . Is there someone here who 16 would like to speak on behalf of the application? 17 ` MR. FITZGERALD: Yes. Jim Fitzgerald for Miss Victoroff. 18 I think we know that many of the factors involved in this request for variance 19 at the last meeting. CHAIRWOMAN TORTORA: Bring the 20 microphone up so we can hear you. You' re such • a small man that we're not able to hear you. 21 MR. FITZGERALD: How' s that? CHAIRWOMAN TORTORA: Better, thank 22 you. MR. FITZGERALD: The Board had a 23 number of suggestions and concerns, and we revised the plan in an attempt to accommodate 24 those concerns, and you have a copy of the new proposed plan. The new plan -- Oh, and also 25 just to address the question of the location of the swimming pool, as I advised the Board, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 . 9 1 2 I went back to the building department and Mr. Rollis indicated that since the pool and 3 the surrounding deck was attached to the house, it was not considered an accessory 4 structure but rather as an attached part of the house; and, therefore, its location was 5 not a problem and not a problem to the building department, therefore, was not part 6 of the disapproval. CHAIRWOMAN TORTORA: I'd like to 7 just go over the revised plan and the revised plan shows the 27 and a half foot front yard 8 setback to Dogwood Lane, and it shows a 25 rear yard setback, at its closest point for 9 the deck addition. The only thing that is of a little 10 bit of concern is that if you look at the new map that you submitted, the eight by 20 deck, 11 because of the property angle at a slight slant, I would guesstimate that that deck will 12 be on the -- I guess it would be the east corner, east side? 13 MR. FITZGERALD: The eight by 20 deck, that' s west. 14 CHAIRWOMAN TORTORA: The 25 is west? 15 MR. FITZGERALD: Yeah. It' s at the west end, I think. 16 CHAIRWOMAN TORTORA: The east end of the deck, if you look at the property angle 17 of the rear yard, I think that you' ll probably find that it will be slightly less than 25 18 feet . MR. FITZGERALD: I'm sure it will. 19 CHAIRWOMAN TORTORA: So that that number may not be accurate. 20 MR. FITZGERALD: Scale' s to 23 feet at the western end. 21 CHAIRWOMAN TORTORA: So the closest point is not 25, it' s 23 . 22 MR. FITZGERALD: Yes. CHAIRWOMAN TORTORA: Let' s see if 23 there' s anyone in the audience that would like to speak in favor. 24 MR. FITZGERALD: Excuse me, I have a few brief comments, very brief. I 25 think I should make the point that all the while the two adjoining lots are essentially COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 10 1 2 the same depth. The one on the west is a little deeper, the one on the right is a 3 little less deep. The house that we' re proposing, just the house, is only 24 feet 4 deep. So that, regardless of whether it was a deck or not, we would not be able to meet both 5 the front and the backyard setback requirements, as presumably neither of the 6 adjoining houses do; although, I haven' t measured them. The point being that they're 7 all shallow lots and putting a relatively shallow house on it ought to be acceptable. 8 So I think the point really is as we have just discussed, is the fact that it 9 sticks out another eight feet into that rear yard setback. 10 CHAIRWOMAN TORTORA: Okay. MR. FITZGERALD: Thank you. 11 CHAIRWOMAN TORTORA: Thank you very much. 12 Is there anyone in the audience that would like to speak in favor or against 13 this application? MS . ROSEBLUM: Yes. Helen 14 Roseblum, 1287 East Main Street, Riverhead. I have just met this morning with a group of 15 adjacent landowners, Mr. and Mrs . Karensik, who are here, Jenny Curley, who is their 16 daughter, and Thomas Rusakis, who is also here. You granted them an adjournment of a 17 couple of months, and they had spent that time with another attorney, who recently told them 18 he couldn' t take their case, that he feels there' s a conflict . So they came to me 19 yesterday, and I haven't exactly had a lot of time to go over the file, and I met with them 20 this morning. But there are a couple of things 21 that I did want to say. The first thing is that the notice of disapproval identifies the 22 lot as being approximately 13 , 000-plus square feet . The applicant herself indicates that 23 it' s 89-plus square feet, 8948 ; so that is a material problem in the notice of the 24 disapproval, and the reason it becomes a problem is for a couple of reasons. One is 25 that it changes some of the setbacks because you've made certain revisions in that zone, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 • • 11 1 2 and it also, I believe, requires them to get an additional variance for lot coverage. 3 CHAIRWOMAN TORTORA: One moment . As far as the setbacks for a 13 , 000 square 4 foot lot or for an 8, 000 square foot lot, the setbacks are identical . 5 MS. ROSEBLUM: My understanding is if there' s less than 10, 000 square feet, the 6 setbacks have changed slightly. CHAIRWOMAN TORTORA: There have 7 been proposals to make those changes . Those changes have not been acted upon by the town 8 board; so the current code exists. MS. ROSEBLUM: Oh, okay. 9 CHAIRWOMAN TORTORA: Your point is well-taken regarding lot coverage because lot 10 coverage on a 13 , 000 square foot lot versus the surveyor' s 8, 948 square feet is accurate. 11 MS. ROSEBLUM: Well, the -- CHAIRWOMAN TORTORA: It' s 12 accurate, it would need reassessment . MS. ROSEBLUM: There would need to 13 be a variance for that? CHAIRWOMAN TORTORA: I don't know 14 because I don' t have a breakdown for lot coverage. The lot coverage from the notice of 15 disapproval states that the construction consists of 11 percent. However, if the lot 16 is as the survey clearly indicates, 8 , 948 square feet, then we would have to have a 17 breakdown, or we would have to have a review by the building department to determine 18 whether or not the proposed plan exceeds lot - coverage . 19 I'm just going to propose to Mr. Fitzgerald -- I did not see that before, 20 but that is a very valid point. Do you have any other thoughts on 21 this? MS. ROSEBLUM: Naturally, again, 22 I'm very new to this, we have some other concerns, naturally. We just received a 23 single and separate search that needs to be studied. It appears some of the D chains 24 don' t match. I want to look at that more closely. 25 Another big issue is whether or not there are wetlands . We had had an COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 12 1 2 informal visual inspection done by Mr. Bowman of land use, and he indicated that there were 3 some fresh water wetlands, so we would like the trustees, who said they would like to come 4 out to take a look and notify the DEC if there should be a remapping. I think we also have 5 pictures, apparently there' s always been standing water on the lot, but that goes into 6 SEQRA and other types of environmental stuff . So I think initially, what I would 7 like to do is ask for some time to familiarize myself with the file, ask that this matter be 8 adjourned so that you get what you need and also so that the trustees do what they feel 9 they want to do. CHAIRWOMAN TORTORA: We will grant 10 an adjournment, but as far as any further adjournments after this, it will not 11 happen. We granted an adjournment because the neighbors wished to obtain an attorney, and 12 now you tell me they obtained an attorney and because of a conflict the attorney could not 13 handle the case, and therefore you came on board.. In all fairness to Mr. Fitzgerald and 14 his client, we would like to conclude this at the next hearing. 15 MS. ROSEBLUM: And I explained that to my -- I said that to my clients . And 16 they said, you know, we've used the two months, besides talking to the other attorney, 17 we've used the two months, it' s been productive. We have come up with what we feel 18 are some real issues . But I did explain to them that time has to go on and things have to 19 progress. CHAIRWOMAN TORTORA: Okay. 20 Mr. Fitzgerald, we are going to need to have a breakdown of the lot coverage that' s proposed 21 based on the actual survey. The eight thousand not 13, 000 square feet, that is 22 something you' ll have to get corrected with the building department so that they can 23 review it to see if, indeed, you exceed lot coverage or if you don' t . It may be the plans 24 do not exceed the lot coverage, but we can't guess, and the building department needs to 25 make that correction for the record. The only other thing I have is COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 13 1 2 that on the survey you don' t show -- on the plan, you do not show any steps to the deck. 3 MR. FITZGERALD: Yes. CHAIRWOMAN TORTORA: Are we 4 falling off the deck? MR. FITZGERALD: One would hope 5 not. CHAIRWOMAN TORTORA: I just want 6 to know. MR. FITZGERALD: The steps will be 7 shown, and they will not intrude any further into the setback. 8 BOARD MEMBER OLIVA: Will we need any further notice of disapproval? 9 MR. FITZGERALD: With regard to the wetlands, we have a letter of 10 nonjurisdiction from the DEC indicating there are no wetlands on the property that they 11 found in an onsite inspection. CHAIRWOMAN TORTORA: Okay. 12 MS . ROSEBLUM: I have to disagree with that. I have a letter; I'm looking at 13 it. The letter of non-jurisdiction, it merely states that it's more than a hundred feet from 14 regulated freshwater wetlands, therefore there' s no jurisdiction. That' s not an 15 indication, number one, that they do not need to come in and remap and take another look. 16 We're not disputing the letter of non-jurisdiction, and what it says. What 17 we're saying is that their maps are very old. We have an independent person saying that 18 there are fragmites and there are also a number of freshwater trees and other plants . 19 We want the DEC to come back and take another look. I couldn' t disagree with how he' s 20 characterizing it . They do say that it's more than one hundred feet from freshwater 21 wetlands, but their maps are very, very old. MR. FITZGERALD: This was not done 22 from a map. It was done from an onsite inspection. 23 CHAIRWOMAN TORTORA: Please address the Board. 24 MR. FITZGERALD: Would you tell the attorney that the DEC letter of 25 nonjurisdiction was a result of an onsite inspection and not the result of in-office COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 14 1 2 review of the existing old maps . MS . ROSEBLUM: It may be, it' s 3 based on the information you submitted. So I don't know that . 4 CHAIRWOMAN TORTORA: We're going to get this information cleared up, and this 5 is going to be adjourned until October 23rd. You will go back to the building department 6 and have them revise and indicate the correct lot coverage, the lot size; see if there is an 7 issue with lot coverage so that we can go forward with that. I don't know if there is 8 owe or not, but certainly it would have an impact. 9 MR. FITZGERALD: Do we have the time? 10 CHAIRWOMAN TORTORA: October 23rd at 9 :40 . 11 MR. FITZGERALD: Our lucky time . CHAIRWOMAN TORTORA: Is that good 12 for you? MS. ROSEBLUM: Thank you for your 13 courtesy, it's very much appreciated. CHAIRWOMAN TORTORA: I'm going to 14 make a motion to adjourn the hearing to October 23rd. 15 BOARD MEMBER ORLANDO: Second. CHAIRWOMAN TORTORA: All in favor. 16 (Whereupon, the Board Members responded in favor. ) 17 CHAIRWOMAN TORTORA: Motion' s carried. 18 The next hearing is on behalf of Charles Booklet. Is there someone here who 19 _ would like to speak on behalf of that application? 20 " t �Ip MRS. WOOD: Is that in the name of Charles Booklet? It' s an acre and a half 21 owned by his wife. CHAIRWOMAN TORTORA: Just a 22 moment. The application MRS. WOOD: Is he the tax payer of 23 record? CHAIRWOMAN TORTORA: Yes, he is. 24 Now we have to let Mr. Strang go first then you can speak. Just sit down, Mrs. Wood. 25 MRS. WOOD: I have to tell you another thing, I have taken medication for COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 (1.8 ,z3) June 19,2003 Southold Town Board of Appeals 'eguular Meeting Public Hearing The board will make a decision. Let's see if anyone in the audience has any comments on the application. Thank you very much. Seeing no hands,I'll make a motion closing the hearing reserving the decision until later. PLEASE SEE MINUTES FOR RESOLUTION 10:36 a.m. , DEBRA. VIICTOROFF #5334. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval_ Applicant proposes a dwelling at less than 35 feet from -the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane,Southold; CTM#1000-54-5-55 &29.1 (as one lot). CHAIRWOMAN: Is someone here who would like to speak on behalf of the applicant? JIM FITZGERALD: Yes ma'am,Jim Fitzgerald for Ms.Victoroff. I think the important thing g for the board to consider is what we are proposing is not at all out of keeping with the other houses in the area. The lots,particularly on the same side of the street, are all relatively shallow. Depths of about 80'. And, of course,35 and 35' front and rear yard setbacks. CHAIRWOMAN: Can you speak up a little bit? Or take the mike up a bit so we can hear you? MR.FITZGERALD: Is this thing on? MEMBER OLIVA: Yes it is. MR.FITZGERALD: Do you want me to go through that again? The lot's being as shallow as they are,present a problem when two 35' setbacks are enclosed. In this particular case, if the two 35' setbacks were imposed,the house could only be 12' deep. And as I said, I think the our main interest is in indicating that the house will not at all be out of character with the other houses in the neighborhood,with regard to both the size and the setback,both in the front and the rear yard. CHAIRWOMAN: A couple of questions here. You presented your application for a building permit in November. And I noticed that the survey, which is showing, also shows a proposed pool in a side yard. And I wondered had the Building Department (BD)reviewed pool as part of this proposal? MR. FITZGERALD: Yes. CHAIRWOMAN: And, okay, let's make a note of that. i MR.FITZGERALD: I mean that survey was submitted. I mean that same plan was Page 18 of 125 f 771 ,1 • 19 .wane 19,2003 Southold Town Board of Appeals Regular Meeting Public Hearing submitted to the BD. CHAIRWOMAN: Okay, a couple of things. The neighbor, adjoining neighbor has sent a letter saying they would like time to retain legal council on this so they can review the plans. That they didn't feel they had enough time to review them. And we will definitely take that into consideration. The setback you're proposing to Dogwood Lane is to the porch. What would the setbacks be without the porch? MR.FITZGERALD: That porch could very well be a stoop so it would be exempt from the consideration of the setback requirements. It's 5' deep. CHAIRWOMAN: The porch is 5' deep? So that could be increased to 25'? MR.FITZGERALD: Yes. CHAIRWOMAN: The Notice of Disapproval(NOD) says 18'. 18' is to which point? On the survey. MR. FITZGERALD: I don't know. CHAIRWOMAN: Pardon me? MR. FITZGERALD: There is no 18' setback. MEMBER ORLANDO: It looks like the pool fence is the only 18' I can see. CHAIRWOMAN: And they wouldn't do it to the fence anyway. So it's not clear to me where the 18' setback is to. MR.FITZGERALD: No,it's not clear to me either. I think what we are proposing is what you see on the map that you have. CHAIRWOMAN: The deck that goes around the pool, is that where the 18' is? MR.FITZGERALD: That's correct. That would be the northeast corner of the deck is 18' from the rear property line. CHAIRWOMAN: Okay, Mr. Horning, any questions? MEMBER HORNING: Not at this time. • CHAIRWOMAN: Mr. Goehringer. MEMBER GOEHRINGER: What complication? We are waiting for opposing council, Page 19 of 125 20 June 19,2003 Southold Town Board of Appeals Regular Meeting Public Hearing so this will be adjourned? MR. FITZGERALD: Do we have any indication from the neighbor what his problem was? MEMBER HORNING: No, they don't say they have a problem. MEMBER GOEHRINGER: I just want to say that I was down and looked at the property and I do understand what the agent or applicant is telling us in reference to the shallowness of the lot, okay, and the ability to place something on the property. So all that,of course,will be taken into consideration. CHAIRWOMAN: I understand your width of the property. What is really exacerbating the problem is the fact that you put a deck on the back of it, which is creating a width of 34' as opposed to 25',which is one of the reasons that's requiring more of a setback.And the deck extends the full length of the house. And that whole area adjacent to the pool. So a lot of that could be minimized. Mr. Orlando. MEMBER ORLANDO: Is this a one-story or two-story house? MR.. FITZGERALD: Debra? MS.VICTOROFF: Two-story. MEMBER ORLANDO: So it's approximately 1,600 sq. ft. of living space? Approximately? MEMBER GOEHRINGER: Can we see the pictures? MEMBER ORLANDO: Is the deck continuous? The rear deck continuous to the deck around the pool? MR. FITZGERALD: Yes. MEMBER ORLANDO: Same level? MR. FITZGERALD: Yes. MEMBER ORLANDO: So it's continuous. DEBRA VICTOROFF: I'm Debra Victoroff. And those pictures are pictures of a house built by the builder that drew my plans. And I'm not going to have a garage in mine. MEMBER ORLANDO: So it's a cape like that? Page 20 of 125 21 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. VICTOROFF: Yes, that's what I'd like. CHAIRWOMAN: Okay,well we will continue,it's a very small lot. The lot is only, what 8900', and this is a lot of building for a little lot. MR.FITZGERALD: This is 2, 2 lots. CHAIRWOMAN: It's still only 8900 sq. ft. MR. FITZGERALD: I know. But the point is,it was not a matter of, she bought what was available in the area. CHAIRWOMAN: Okay. We are going to see if there's anyone in the audience who would like to speak in favor or against the application. TOM ROSAKIS: My name is Tom Roasakis. I'm the adjoining owner. I sent the letter, that,probably,is in front of you, asking for an adjournment. But I decided to come just to hear the applicant. But I would like an adjournment. Thank you. I have not had more than 5 days to get a,retain council. I'm presently interviewing. CHAIRWOMAN: Thank you very much. Is there anyone in the audience who would like to speak for or against the applicant? When do we have a time to adjourn this to? MEMBER ORLANDO: Can I ask another question in the meantime? Would your client be opposed to a patio around the pool as opposed to a continuous deck, which would reduce the rear yard setback? And it would reduce the... MR. FITZGERALD: You mean a brick patio? MEMBER ORLANDO: Yes. A brick patio as opposed to a raised deck around it. MEMBER OLIVA: Yeah. At grade. MEMBER ORLANDO: You know,brick around it instead of a raised deck around it. It's continuous. So that increases your lot coverage. MR.FITZGERALD: Yeah, it could be brick or flagstone. I think it would be okay. CHAIRWOMAN: Vinny,before we do that I think we need to go back to the BD and say that the ZBA had noticed that the pool was in the side yard. What's going to happen is, they'll catch it later, and then you're going to be back here again. MEMBER ORLANDO: It needs to be in the rear yard. Page 21 of 125 22 June 19,2003 Southold Town Foard of Appeals Regular Meeting Public Hearing r MR. FITZGERALD: And you can't act on it unless they've disapproved it. CHAIRWOMAN: We can't act on it unless it's been advertised and unless they've disapproved it. So I would strongly urge you to go back to the BD, get an amended NOD, and to really think about minimizing what you are trying to put on an.8900 sq. ft. lot. It's a lot of building. And that's why the degree of the variances that you are requesting are very substantial. And you're going to be into a front yard variance, a rear yard variance, and a variance for the location of the pool as well. So I think we need to give you sufficient time to get an amended NOD, and then we're going to have to re- advertise that, and give legal notice that, that will also be included in the hearing procedure. So I'm not... MS.VICTOROFF: Can I ask a question? I have a couple of questions. One is that I think that Jim submitted the plans with,to the BD with the pool on there. So I'm not sure why we're resubmitting it. MEMBER ORLANDO: They may have, obviously, overlooked it. They'll just catch it next time when you go for your building permit. CHAIRWOMAN: When you go for your building permit,they will catch it. MS. VICTOROFF: But I mean,meaning that you can tell somehow by looking at that, that they did not see that? MEMBER ORLANDO: The code requires that the pool be located in the rear yard. MEMBER OLIVA: And it's not in the NOD that we have here in front of us. So it means you'll have to go back. We're just trying to save you a couple of steps. MS. VICTOROFF: No, I understand, I just didn't know why they were saying they overlooked it. CHAIRWOMAN: It's probably an oversight on their part. But if it's not caught now, it's going to mean that this application could be delayed another 6 months. MS. VICTOROFF: Then I have another question. If you're not allowed to put a pool in the side yard, if I move it the back of the house, then the variance that we'll request is going to be greater. CHAIRWOMAN: That's why we need to go back and, to the BD, so that we can even consider this pool where it is. Right now we can't consider it. MS. VICTOROFF: Does that require a new survey or a new... Page 22 of 125 23 June 19,2003 Southold Town oard of Appeals Regular Meeting Public earing CHAIRWOMAN: No,it requires Mr. Fitzgerald,he knows what to do. He will take very good care of you. I'm just concerned about the timing, when we want to adjourn this to. BOARD SECRETARY KOWALSKI: We have to wait for the amended NOD. And we have to advertise it. So it's a decision. Do we want to advertise for the amended relief, July 24th regular meeting or August 21st? CHAIRWOMAN: It's got to be the 21St. Is that the regular meeting? BOARD SECRETARY KOWALSKI: Yes. CHAIRWOMAN: We don't want to carry this over to the special meeting? MEMBER ORLANDO: You can eliminate the pool for this application,redraw it, resubmit, and... MS. VICTOROFF: Along those lines, can I ask Mr.Rosakis, at this point, what his objections are so that I know them before I redraw plans. Is that fair of me to ask? MEMBER ORLANDO: I think that's a fair request,if he's willing. MS. VICTOROFF: If he's still in attendance. MR. ROSAKIS: I'm still in attendance. You can ask,but without council, I will not answer. CHAIRWOMAN: We're looking for a date to give you sufficient time so that you can get the amended NOD and then we can readvertise. It will be either August, I think it would have to be August 21 or September 11th. Do you have a preference? MR FITZGERALD: The earlier date. CHAIRWOMAN: Why am I surprised? Okay it would be 9:40am on August 21st. So we will adjourn it, the hearing. I'll make a motion. 10:52 a.m. LAUREN ZA :I;.RELLI#5322. Request for a Variance under Sections 100-242A and 100-24,, b.; ed on the Building Department's February 21, 2003 Notice of Disapproval. +plicant proposes additions to the existing dwelling in a nonconforming footprint, lting in setbacks at less than 10 feet on a single side and less than 25 feet tot'.1 sides. Location of Property: 4910 Pequash Avenue, Page 23 of 125 I "' V ' . ! " ' ' .. / '. 6.‘11— . _ SOUTHOLD TOWN BOARD OF APPEALS REGULAR MEETING TRANSCRIPT IPT OE HEARINGS :EL nJUNE 19,2003 (Prepared by Jessica Boger) _Present were: • Chairwoman Lydia A.Tortora Member Vincent Orlando 1 - Member Gerard P. Goehringer !-2�• i Member George Horning(until 4:15) � ` '! 4 S-3S 7 Member Ruth D. Oliva `e f Board Secretary Kowalski ( .,1 cd aaG{•aol PUBLIC HEARINGS: 9:38 am KE +TE[CERRETA#5282c(crryover from 5/15). ased on the Building Depar east's October 9,2002 Notice of Disapproval, his is a request for Variances wade Section 100-244B for a garage addition at Iess lean 10' for a single side yard,less tha 25' for total side yar s,and less than 35' froinn the front lot line, at 1655 Bay Shore\Road, Gree,i port; Parcel 53-4-6 CHAIRWOMAN: Ts someone here who wouk like to speak on behal 'of the applicant? , KEN CERRETA: I'm xxkfavor of the applicatio . CHAIRWOMAN: I'm socked. MEMBER OLIVA: I wond r why. MR. CERRETA: They did away with the 2-car garage. CHAIRWOMAN: Could you speak into the microphone. It maybe little p p a lx tle h rd to pick you up. \, MEMBER OLIVA: Just turn the m'crophone around. That's 'et. MR. CERRETA: Eliminated the 2-c garage,made it a one car. .*.nd put it back a, ost even with the house. But the garage net door is like 5' past my ho.se, so-we tried t make a little porch there,just for aesthet',cs,more than anything else. And I hope tha s okay. CHAIRWOMAN: I see that you brought it tack,you did not bring it back level with the house as we had discussed. What was the reason for that? 1).,... t. ' I t '. i i 7. .. '\'1rroti �A o.../q��,.//'a-��+ _j f�LJ �y..,nw.... .. � �.u.r.M..N _,v ..x�..=_....... -- --.- —.._. ar.54 ;0 APPEALS BOARD MEMBERS ',,�.0OFF0(it0 s��0v° O d \ ay •\ Southold Town Hall - • Lydia A.Tortora,Chairwoman c • • - .• 53095 Main Road Gerard P Goehringer ; h :` P.O.Box 1179 George Homing-, 1-y tit R i` �� Southold,New York 11971-0959 CRuth D.Oliva ;y?��� a0 ,,'� ZBA Fax(631)765-9064 !• Vincent Orlando _ * ,,,,' Telephone(631)765-1809 4. �i ;= .402-0/9 http://southOldtbwn ncrtltark net , • " BOARD OF APPEALS • ` • TOWN OF SOUTHOLD • 6/6;6/13;6/16;6/16;6/18 AGENDA • JUNE 19, 2003 REGULAR MEETING , , • •q,. .;'z • 9;00,e.m. Cali to orde y Chairwoman. • .,.Y.�' .-'i i • .,,n ; I. STATEENVIRONMENTAL QUALITY,REVIEW DETERMINATIONS(S€EARA): ` .' 4 Type II-Actions;(No further steps). getbeck'Pithen;sional, eqa 5ts� {_ Leonardand;Helen Costa#5,337 • '•� Robert Reilly#5318 4:-:.4:-:.; John and MarthaTu,thlif 05328 , .1 Debra Victoroff 05334 Lauren Zambrelikg5'322 Frederick and Joan Frohne#5317 a i< John Hyrtado,Jr,0314 -'B1uepOints Co.,Inc.05335 • •Johrr and Patricia Clark#5336 • - Donna and LeonarOchl$gef 05327 - Virgjnia,and.Christo•hor Coe#5323 `David Page and Shi in Pore 05339 ,Garyand Debora orrd#)53 6 ,' , ' • 'ToWbee,•tLCf ea.ThvV#5355 ' f: .Edgewater ii,,up Imp: . , Tari Mailmod,Balg,;Airya-Riffat Minhas 05369-A Ernest Schneider#5343 Peter Boger#5$41 • i Robert Samole* ki#5338 ° Lof,Waiver Requests • Helen Thdoflaiis 05331 i'. Unlisted;At tion: _I • 1 • Tarj4 Maiarped Baig,and Riffat Minhas #5369-B(Special Exception) • 'ii 11. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Hearings(bra!concluded 5/'15103): •-;]. •, .ApPt-No.5310-Anthony Palumbo-A -f 4-51.-4-t y -f• i a± ��j Appl. No. 5309 Nick Bruno(pending survey by 6/15) ,�,t, •si etzt.A47''plc )/44.i ,,, ;h ; App..No.5202-Duryea Trust •r- -aiem,e.� .y.-la-03 Aet:.,ufl 4 . . ;, App1.No. 5287;111farren and Edith Melhadod Q w m .�.� •� .11, ' '• Appel.Na X313-Vihold Corp. and J&C Holdings.- d,A 4 0:11-15-6.:�w%- �, • . . aIt... fru,-- f t-e wthe..,a,) $/..,,242,1-e �,{ 1 4421 ( • 61LQ c�s.�ecL fir` P.iii, O l *41..\----/ i • 1 — - - . i ' 1 e . • : ,, . Page 2-Agenda upd.6118/03 .Y Regular Meeting of June 19,2003 k c Southold Town Board of Appeals , i a 4 r EE E E 4 11. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: l Hearings(oral concluded 5/9/03): /, A a ,tv ! lace at tilS r Appl. No. 5149-New Suffolk Shipyard- �/ ^ '� a ,.o; !-31.41....40/4A, Appl. No. 5259-Estate of Murray Schlussel(pending reply from Olsen &Olsen to Abigail Wickham, 4%41 1 Esq.'s submission of 615/03).r-, ,;, PW , rt/ad-- r III, PUBLIC HEARINGS: Written testimony in Ileu,of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. - 'N , 911Pa.m. NNETF-L ERRETA#5282 (carryover from 5/15). Based on the Building Department's October 9, 2002 Notice orl Elis-approval, this is a request for Variances under Section 100-2446 foragarage addition at f q less than 10 feet for a single side yard, less than 25 feet for total side yards, and less than 35 feet from the E front lot line,at 1655 Bay Shore Road,Greenport; Parcel 53-4-6. 429...4.4z1 ci-ei-c L•c clu ..ed 9 a.nt E.and`l T�RIPPE#5300 and #5308 (carryover from 5/15). Based on the Building Department's l January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front ya , area. The accessory building was disapproved also as a second dwelling construction, by design. Locations l ' Property:rCentral venue, Fishers Island; 6-3-6.1. (Amended Floor Plans may be submittedlay attorney 6/19); -. • `� C2'''Lu,(�-#' 071 a.sE 9'%31),?•rn.l6v .C3-2tiL5..qQy /�-2t>.�2 a J 4 - -- a.m. EONARD D/HELEN COSTA#5337-Request for a Variance under Section 100-244, based on the Building- pa ent's March 6, 2003 Notice of Disapproval. Applicants propose additions and alterations ; an existingg dwelling�t a front yard setbacKof less than 35 feet, at 900 Gin Lane,Southold; CTM 88-3-11. pr ati 7-16--6,3, 4 1°' Department's 1. a.m. BERT -EILLY#5316-A Variance is requested under Section 100-244, based on the Building I Department's anuary 24, 2003 Notice of Disapproval. Applicant proposes additions and alterations in a location at less than 35 feet froth the front lot line. Location of Property: 470.(new #510) Locust Lane, Southold; CTM 62-3-3111 (29 and 30 combined as one). fid—. ly,y,7. a.m. JOHN AND ARTHA THILL#5328 -Request a Variance under Section 100-,244B, based on the Building Departmen ary 5, 2003 Notice of Disapproval. Applicants are proposing to construct a d ate c, k addition at le s th nn335 feet from the front property line at 1060 Navy Street,Orient;Parcel 1000-25-4-3. [.ari of Pn-e-p eAT, aric 1(l a.m., DEBRA V1CTOROFF #53341 Request for a Variance under Section 100-244, based on the V� Building Department February-11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 i feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, I• Southold; CTM 54-5-55 & 29.1 (as one lot). Resolution to consider 6/16 letter. from Thomas Rozakis. adjacent landowner,requesting the hearing remain open and adjourned,for counsel. a ,� ekI q: 1'oao,.:t a yr s-+.oc�d� aficuLt.P ern) a.»c�- en, AP-04„to &o i rA.) lI /g.yyy. F tov- a.m. LAUREN ZAMBRELLI #5322. Request for a Variance under Sections 100-242A and 100-244, f based on the Building Department's February 21, 2003 Notice of Disapproval. Applicant proposes additions to the,existing dwelling in a nonconforming footprint, resulting in setbacks at less than 10 feet on a single side k and less than 25 feet total sides. Location of Property: 4910 Pequash Avenue, Cutchogue; CTM 110-3-274 cavt � ,e, P-a.-SQ Ca ,,t„t,a-v-zJ -._J 1 1 ---- .. _ Page 3—Agenda upd.6118103 Regular-Meeting of June 19,2003 Southold Town Board of Appeals 1 (C--/ - III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony Is requested and • ,I appreciated All testimony shall be limited to zoning issues properly before the Board. • Yy ' ' '• • i14040 a.m4 I;_REDEI I'CK,and JOAN FROHNE$5317. Requ�Variance under Section 100-239.4B, • ' •fiaaed;on the Building Departmentfs February"3,2003•Notice of Disapproval. Applicant proposes additions and • .4alterations tip dwelling in a location it•;less,than:7Sfeet-from the bulkhead. 'Loation of l operly: 4700 „' Paradise hint load, Southold; CTIVI#100Q-,81- 4 o-dam'. 3- P.:4,1/4-`-p.rn,ae sa. .4-a. -- t ,=-•,, -a}m J HURTADC,JR. #§3l9 equestborVariances under Sections.10030A.4r;100-33c and ,f 038<4A. ), lased onthe Buil`iqg Department's•January 27,,2003 Notice of.Dieapproi al.:'- Applicant ,',;' . proposes.grn,'.a gesso y swimming pool and deck addifio'n to•the dwelling,both at lees than loct feet;from the ;F top;tofcthe,bluff along,the,Long Island Sound. The sy tinning Pool also',is;proposed th a;side;yerr location i-'a• IniXo0 of• ;code required rr ar f oration of•Proierty: 267 a'1 r ew Drive,Orien•t' CTl "l -2w3.6_ .,,,::,. ..:0 ' ,ajlik, SLUEPOINTB..Ca, INC, #5a35,4eeuesl f 4`,arr'inteipretatibri under Section:100242A _',{. regarding he ponconfo;ming location;ot'art accessory',garage building with;like-kind'rehabllitatioil; ,and (b) if necessary; 1I 0-71 Tek Variance under Section'1.00-710.1„based on the'Build-Mg bepartrnerieW..lanuary 21% 8013 Not(ce ol4 Disapproval;amended,March 10,2,004. Applkilnt proposes a demolition sod•rec&tstuction of } an•,a�ecessonj garage "as builr at less than five feet from tlie'rear lot line, at 1240 Love Jane, Mattit• wcic;CTM .,:i°40044:04•5441;`-..- Ccx l c4etC+. • 11Io ifs ' ,' igrr , . , :, . :a .a.'r JOON'AND.t ATRICIA.CLARK#b3V, Request;#or a Variate tiCnde Scttwrr 1D0444,,,based on ' 1hte,'"uildirig Del partrrienrs'•,Ja i ary;9 ?-003'tNdtice"of Dissp`proval,•at`nended•,aria24, 20t3i`'Applicants • ' , •pf'gpose:a ifrpne ane.eitera$gns to.thedv e(littgg wllic)t:tesults h a lot. er •e tceeo ti 'thy t i1 limitation i, . pi'pro.fa>;_ �§pijdirig,area ;6pp,,A .pr ue,[1llettituc,4,.QT 000-�i2•0� .a - • Ii114learrt DONNA AND;LEONARD SCHLECEL_#5327, Regiest,fpr a Variance.undet Seotior),,100-231, : M. -' ••4Oa d; �e,Dt d !nperent'e.Jainuai .2( 0tpttca•o .Dtsappr if ,Attplrcanfipwaoe ' mistrust , 4,ii . '.•!=me eding;tepode,iimitaatonof fourfeetihe;located Vin,the-retyard,'.'L`bcatintof•PrOWtY: 1480 1; " eetphelie Roa14, atitbck,.OTM 11(00114-7-' ,',i,;. : hity gf;;`: • ' ,, i*tkalif[macs{s,e. srhoo sessiot'page). E esolutionito adjjpt rn tot p,.m. .,.•, •, , •c• .,: • '., - . .1- , • Aso?!• - - - • • l,• ; •,_f,i'1if„ r),t ..7 •, , •,�,a •� ti4'1,4445 P. f } .5 .. i ;: ;il } L y t• }F - •. 'a• . .• _i ,i . r\‘' - 'I 1 ' . • . • , ' ' i OFFICE OF ZONING BOARD OF APPEALS 0( Road Main Road to\ P.O. Box 1179 So rain old, NY 11971-0959 http://southoldtown.northfork.net (631) 765-1809 fax(631) 765-9064 (UM- May- TRANSMITTAL -TRANSMITTAL SHEET TO: Ruth, Jerry, Lydia, Vincent, Jim DATE: ,Cp I 23 /2004 sp RE: 6/22104 and 7/15/0411KAgendas v.L Applicant b. V. MESSAGE: Correspondence or related attached regarding the above for your information. 4Widt. .A4-a; "beYvt) AL-41-1 ‘/A.2/0 AAl. Thank you. Pages attached: teict,:r a,tr. 0,3/01.34- i463 No74; 6/23/d v 7.17 — 53-9*Fal r/ x,t,i/ev/ 0 ‘19\12) • ca Town Hall,53095 Main Road �� Fax(631)765-9502 P.O.Box 1179 �� i� Telephone(631)765-1802 � Southold,New York 11971-0959 - 491 * BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: The Southold Town Zoning Board of Appeals FROM: Damon Rallis, Pe Peto7 ep. • e� — Michael Verity, C of i spear ry DATE: June 16, 20042 JUN 3 2004 REGARDING YOUR RE o � BOARD OF APPEALS Project: Victoroff Location: 445 Dogwood Lane, Southold,NY SCTM# 100–Section 54 -Block 5 - Lot 29.1 & 55 We have reviewed the letter, dated May 25, 2004, from Helen J. Rosenblum, regarding the legality of this merged lot. The building department, upon its review, determined the property to be a legally created lot. As with any application for a new dwelling, our review process includes a determination as to whether or not a lot is legally recognized and or merged. Since it was not on the Notice of Disapproval issued to the applicant, it need not be addressed. i , Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 6/8/04 TO: Linda Kowalski-ZBA FROM: Jim Fitzgerald SUBJECT: Debra Victoroff; SCTM#1000-59-5-29.1 & 55, As I mentioned to you recently, the Trustees have approved the project with certain changes in the proposed plan. Seven copies of the revised map (Ehlers, last dated 5/20/04) are en- closed. Damon is preparing a new disapproval notice which you should receive shortly. RECEIVED JUN 0 8 2004 6/oupg--6/41, 'y 4411.A ge ZONING BOARD OF APPEALS r ti47 1111 6 \ i2„41/4-1 'wad+ Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 April 22, 2004 '• APR 2 6 2004 ZONING BOARD OF APPEALS Chairwoman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Re: Appl. No. 5334: Debra Victoroff; SCTM#1000-54-5-29.1 & 55 Dear Madam: Our hearing before the Town Trustees at last night's meeting did not result in a decision. The application was tabled pending receipt of additional information. We ask, therefore,that our appearance before the Board of Appeals be postponed until the next meeting of the Board of Appeals after May 26, 2004, which is the date of the next Trustees' meeting. Thanks very much. - Sincerely, /- e _ ( ) Janes E. Fitzgeral r. cc: Helen Rosenblum, Esq. (by fax) a subsidiary of THE PECONIC EASTERN CORPORATION • Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: April 21, 2004 TO: Linda-ZBA FROM: Jim Fitzgerald SUBJECT: Debra Victoroff; Appl. No. 5334, SCTM#1000-54-5-29.1 & 55 Against the possibility that the Trustees may validate the existence of fresh water wet- lands on the property,the alternative size and location of the proposed house shown in the attached surveys(Ehlers, last dated 11/4/03)have been presented to them for re- view at the 4/21/04 public hearing. Note that the pool and deck proposed in the origi- nal ZBA application have been eliminated. If the Trustees, as we hope, find that the property does not encompass any wetlands, it may be appropriate to return to consideration of the plan originally submitted to the ZBA. 4111 r (l43A ads ,akwv-13 J p . ice '/7/0 1 • 0 Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 91) 5 (OtkVkMEMORANDUM DATE: April 21, 2004 TO: Linda-ZBA FROM: Jim Fitzgerald SUBJECT: Debra Victoroff; Appl. No. 5334, SCTM#1000-54-5-29.1 & 55 As you requested, here are 7 copies of the front elevation of the house as proposed at this time. There is also a photo(with photocopies) of a house of the same design lo- cated nearby on Birch Road. A series of photos of the existing nearby house were pre- sented to the Board at our last hearing. The"sample" house has an attached garage, which we do not propose. RECEIVE1 APR 2 1 2004 ZONING BOARD OF APPS ALS... Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone:631-734-5800 Fax: 631-734-7463 t it d-bielii) 4, MEMORANDUM 0-4° icji(4,1),1 /4 III I) d2-iDATE: March 7,2004 � TO: Linda-ZBA y rov z-'' FROM: Jim Fitzgerald APR 0 7 2004 SUBJECT: Debra Victoroff,Appl. No. 5334 ZONING acs As you requested, here are seven copies of the most recent survey(Ehlers, last dated 11/4/03) showing the"standing water", alleged by the neighbors to be freshwater wetlands. ''')LA I-0 ( L._ 064 tl r C-� w- � (32e2 6 . hz...u.L.„) Apr 06 04 02: 50p Pry. •-T Permit Services 63177 -463 p. 1 /p Proper-T Permit Services P.O.Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax:631-734-7463 FAX MEMO DATE: March 6,2004 TO: Linda-ZBA FROM: Jim Fitzgerald SUBJECT: Debra Victoroff,Appl. No. In response to your phone call yesterday: we fully expect that the Trustees will approve the project at their April 21st meeting, in which case we'll be ready to go at 9:30AM the next day, and I think we should proceed as if that were to be the case.. If, however,the application is not acted on by the Trustees on 4/21,we won't be ready to do anything but report that fact on Thursday morning. Unless, of course,the Board is willing to proceed without a Trustee determination. OK? AZ/ Pages attached: None • 1 a' v. ZBA OFFICE COVER SHEET TO: Lydia, Jerry, George, Ruth, Vincent Board of Appeals FROM: ZBA Office DATE: 9 / a 3 /2003 11 SUBJECT: File # S33 - JJ. ✓i Date of Next Meeting: ad-- 023t - 3 9`voAs,.J..1f, Please find attached copy/copies of cut.„,..,, ) CPI--t�-�C��P.c. 1.761 ) submitted by Please keep for the upcoming ZBA meeting. Thank you. ZBA: ( 41110 IMO qine Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 `l Dt' I� a72i September 12, 2003 yp],-gipp F������1'c��E ; ._ SEP 122003 ©Z P-44 , Ms. Lydia Tortora, Chairwoman ZONING Romm OF APPEALS Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Re: Appl. No. 5334:Debra Victoroffl SCTM#1000-54-5-29.1 & 55 Dear Ms. Tortora: Enclosed are seven copies of a project plan which has been further revised to give a lot coverage of 19.76%. Sincerely, Or 0 j- // dfq? James E. Fitzg• ', Jr. Enclosure: Revised Project Plan, 9/12/03 cc: Helen Rosenblum, Esq. a subsidiary of THE PECONIC EASTERN CORPORATION Sep 11 03 01 : 41p Pro•+: -T Permit Services 8317347463 p. 1 Proper-T Permit Services ices P.O. Box 617, Cutchogue NY 11935 Phone:631-734-5800 Fax:631-734-7463 FAX MEMO CA ° ( Vr' 4 J%3 e4 ) DATE: 9/11/03 TO: Linda/Paula FROM: Jim Fitzgerald SUBJECT: Victoroff Appeal It is our intention to revise the plan so that the footprint does not exceed 20%coverage, and therefore presumably we can simply proceed with the hearing at 9:40AM on 10/23/03, as scheduled at the last hearing. I will submit a new plan to the Building Department to obtain a further revision of the disap- proval. Pages attached: None OFFICE OF N5) C1\' = ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 http://southoldtown.northfork.net (631) 765-1809 fax(631) 765-9064 7� (( COVER SHEET FOR TRANSMITTAL ATTN: N--1- i,t_ta� DATE: q / /( /2003 SUBJECT: +/do 4 MESSAGE: �. �, � � c '4 � l l o J / — f A -= n ta.ato 4--- !rao_13 p '. ..) 10A.a. _ Lwc.2p /t.2c Q.o acs-may. Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages attached: t i 1 • 1.11 ' • . , HELEN J. ROSENBLUM,s, ATTORNEY AND COUNSELOR AT LAW . pf 1287 EAST MAIN STREET RIVERHEAD,NEW YORK 11901- (631) 727-1010 , - . • Shelter Island (631)-749-0066t, FACSIMILE: (631) 727-5524 , E-MAIL: hjr@elilaw.net r - ' - 54655 MAIN ROAD , - Post Office Box 1468 SOUTHOLD,NEW YORK 11971 013 n , -- (631)765-5252 FACSIMILE (631)765-5969 - w� �9 E-MAIL.hlr(Nelilaw net a;'`' \4 - i_c \ . ;. , , , SC'? �, ° b ..,, - -',; 'September 3, 2003 - Zoning Board of Appeal ' ' Town of Southold - Town Hall - - 53095 Main Road Southold,New York 11971 - Attention: Linda Kowalski ' l '1 Re: Application of Debra Victoroff ' f 445 and 505 Dogwood Lane, Southold,NY ` { SCTM# 1000-54-5-29.1 and 55 ;1 Dear Linda: - - Si Enclosed please find an amended notice of disapproval which corrects not only - the square footage but also indicates that an additional variance will be required concerning lot - - ' =coverage. On this basis, I would presume that a new legal notice will need to be prepared. I will . - ' - call you in a few days to confirm this. ' - 1 ' Thank you very much. Sincerely, // ,- -, 4k:7e ;. t i HELEN J. ROSENBLUM S HJ :Frj S - " Enclosure _ ' cc: Virginia Curley . Thomas Rozakis - IIP . APPEALS BOARD MEMBERS Southold Town Hall Lydia A. Tortora, Chairwoman y� 53095 Main Road Gerard P. Goehringer ,` Z ; P.O. Box 1179 George Horning - 41? Southold,New York 11971-0959 Ruth D. Oliva ,%wol �aO�0d' ZBA Fax (631)765-9064 Vincent Orlando * ,s" Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 2, 2003 Fax and Regular Mail Mr. James Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: 1000-54-5-29.1 + 55 (Victoroff) Dear Mr. Fitzgerald: The Building Department has informed us that the lot coverage for the above application exceeds the code limitation of 20%. Please confirm whether or not you will be submitting an amended application for the additional variance, after obtaining an amended, updated Notice of Disapproval from the Building Department to show the setback revisions that were offered during the August 21, 2003 hearing, and lot coverage breakdown calculations. Appl. #5334 will remain incompletee-pending your submission regarding the above, which submission is requested on or before September 20, 2003 for advertising and notice steps required under Chapter 58. Enclosed is a set of forms for the amended application with instructions sheet. The $400 filing fee paid under #5334 will be applied toward the $600 fee required when the amendment is submitted. A $200 check should be included when submitting the original and six (6) sets of the amendments. If you have any questions, please feel free to call our office. Thank you. Very truly yours, Linda Kowalski Enols. Board Secretary cc: ZBA Chairwoman and Members �I a - vi c :icit_, --','Toll ;(2_01106tek ilal,,) If -, - 1 ,_, _ . Proper-17 Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734==5800 Fax: 631-734-7463 MEMORANDUM DATE: July 29, 2003 gF7E-7---CErvED To: Linda Kowalski-ZBA 1 1 JUL 2 9 2003 FROM: Jim Fitzgerald '-'1, 6 , '0/ -bat y ,t,A1,KG, BOARD Va ; SUBJECT: Debra Victoroff, SCTM#1000-54-5-29.1 & 55el) APP;'-:14L51 'Here, for your file, is a copy of the Single and Separate Search completed in connection with the purchase of this property. I rO Enclosure: Commonwealth Land Title Insurance Co., Title No. RH80020461, 1/28/02 Vd-03__ `ems . -acsQ ,�-`'-e-tc oZ �,.�r.r cL • No.: RH80020461 Commonwealth Land Title Insurance Company 177 Old Country Road, PO Box 419 • - Riverhead, NY 11901-0203 Phone: 631-727-7760 Fax: 631-727-7818 • RECE Commonwealth JUL • 9 2003 ZONING 130e,.: SINGLE AND SEPARATE SEARCH Effective Date: 1/28/02 Title No. RH80020461 Commonwealth Land Title Insurance Company DOES HEREBY CERTIFY TO: J. KEVIN McLAUGHLIN, ESQ. 44020C MIDDLE ROAD P.O. BOX 1210 SOUTHOLD, NY 11971 THAT it has caused a search to be made in the Office of the Clerk of the County of SUFFOLK, in the State of New York, against the premises described herein and property adjacent thereto on all sides from 4/23/57 to date to ascertain the fee chain of title respecting the premises described herein and the property adjacent thereto and has found only the returns as set forth herein on the following pages as they bear on record title; and Certifies that the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein. This Company's liability is limited to One Thousand ($1,000.00) Dollars. NO policy of insurance is to be issued hereunder. Premises: DOGWOOD Lane, SOUTHOLD, NY District: 1000 Section: 054.00 Block: 05.00 Lot: 055.00 &029.001 County: SUFFOLK T/O: SOUTHOLD Commonwealth Land Title Insurance Company Subscribed and Sworn to this 25th day of February, 2002. BY: G%12�,Ge} d VINCENT SETTE VP AND PRODUCTION MANAGER No ry Public Title Number: RH80020461JANAFA.PRINDLE Notary Public,State of New York No.01-PR4911757 Qualified In Suffolk County Dated: 1/28/02 Commission Egires-Nov,16, Single and Separate Search TQ20015NY (07/00) j • •No.: RH80020461 CHAIN OF TITLE FOR SUB3ECT PREMISES• 17 District: 1000 Section: 054.00 Block: 05.00 ot: 055.00 &029.001 C `-�?�f7`€ JUL 2 9 2003 . I AS TO TAX LOT 029.001 L z0N 1) Margery D. Burns Dated: 4/12/52 to Recorded: 5/8/52 John Norris and Estelle Gee Liber 3350 page 110 • 2) Lydia Norris Pell, Marion Timosko, Dated: 11/27/87 and Estelle Gee, sole distirbutees of John Norris, Recorded: 12/10/87 and Estelle Gee, individually Liber 10491 page 82 • to Sandra P. Rave and Mary P. Tloczkowski, joint tenants with right 9f survivor LAST DEED OF RECORD AS TO TAX LOT 055.000 1) John Norris and Estelle Gee Dated: 4/17/54 to Recorded: 4/19/54 Barbara Gee Liber 3680 page 598 2) Barbara Quaresima, f/k/a Barbara Gee Dated: e 7/25/83 to Recorded: 8/10/83 Ralph Quaresima and Barbara Quaresima, his wife Liber 9403 page 506 3) Ralph Quaresima and Barbara Quaresima, his wife Dated: 11/27/87 to Recorded: 12/10/87 Sandra P. Rave and Mary P. Tloczkowski, Liber 10491 page 80 joint tenants with right of survivorship LAST DEED OF RECORD Commonwealth Land Title Insurance Company Subscribed and Sworn to this 25th day of February, 2002 BY: ��. ,„#e VINCEN_T SETTE / 'I--/6/1, Lp.d4 VP AND PRODUCTION MANAGER N ary Public JANA M.PRINDLE Notary Public,State of New York Single and Separate Search No.01•PR4911757 Qualified In Suffolk Coun Commission Expires Nov 16, RH80020461 CHAIN OF TITLE FOR ADJACENT PREMISES NORTH: Block: 05.00 Lot: 056.001 District: 1000 Section: 054.00JUL 2h 203 1) Margery D. Burns Dated: 11/24/51 to Recorded:. ' 12/11/51 John Norris Liber 3299 page 218 2) Lydia Norris Pell, surviving tenant by the entirety Dated: 6/4/84 of John Norris Recorded: 6/15/84 to Liber 9582 page 212 Sandra P. Rave, Mary P. Tloczkowski and William H. Tloczkowski 3) Lydia Norris Pell, Marion Timosko and Estelle Gee Dated: 4/14/87 sole distributees of John Norris Recorded: 4/30/87 to Liber 10306 page 395 Sandra P. Rave, Mary P. Tloczkowski and William H. Tloczkowski 4) Sandra P. Rave, Mary P. Tloczkowski and Dated: 2/9/89 William H. Tloczkowski Recorded: 2/27/89 - to Liber 10805 page 380 .04 Jo, "I`V ± Thomas A. Rozaks and Ann Rozaks, his wife .� LAST DEED OF RECORD Commonwealth Land Title Insurance Company Subscribed and Sworn to this 25th day of February, 2002 BY: VINCENT SETTE -1.91—A-4,12414 VP AND PRODUCTION,MANAGER No ary Public JANA M.PRINDLE Notary Public,State of New Yoric Single and Separate Search No.01•PR4911757 Qualified In Suffolk County Commission Expires Nov 16, 0 , ) I Jo.: RH80020461 CHArN OF TITLE FOR ADJACENT PREMISES NORTHWEST: District: 1000 Section: 054.00 Block: 05.00 Lot: 018.000 gttLY Ali 9 - 9 2003 1) Regina S. Hauck Dated: March, 19541 to Recorded: 3/16/54 Donald P. Hauck and Regina S. Hauck, his wife Liber 3664 page 116 2) Donald P. Hauck and Regina S. Hauck, his wife Dated: 9/7/76 to Recorded: 9/10/76 Lewis J. Solomon and Marilyn L. Solomon, his wife 3) Lewis J. Solomon and Marilyn L. Solomon, his wife Dated: 6/10/97 to Recorded: 7/1/97 Marilyn L. Solomon 4) Marilyn L. Solomon , Dated: 8/19/99 to Recorded: 9/21/99 of Paul Belica and Deborah Belica, his wife Liber 11990 page 200 LAST DEED OF RECORD Commonwealth Land Title Insurance Company Subscribed and Sworn to 4 14 , this 25th day of February, 2.002 BY: 4.— VINCENT SETTS (0442Q_ VP AND PRODUCTION MANAGER ary Public JANA M.PRINDLE Notary Public,State of New York Single and Separate Search No.01-PR4911757 Qualified In Suffolk County Commission rmires Nov.16,____ • • s J1 No.: RH80020461 ,CHAIN OF TITLE FOR AD3ACENT PREMISES SOUTHWEST: ,tak- 1>> District: 1000 Section: 054.00 Block: 05.00 Lot: 020.000 JUL 2 9 2003 1) Lidico Corporation • Dated: 9/15/47 --- to to Recorded: 5/11/58 Ralph L. Glove and Una Bella Glover Liber 2825 page 117 fae 2) Ralph L. Glover and Una Belle Glover, his wife Dated: 1/19/71 114 to Recorded 1/14/91 John Kirincic and Juanka Kirinicic, his wife LAST DEED OF RECORD • • • Commonwealth Land Title Insurance Company Subscribed and Sworn to this 25th day of February, 2002 BY: ilefte-P.A•1 e,— VINCENT SETTE ,r ^ 91 VP AND PRODUCTION MANAGER • •ry Public JANA M.PRINDLE Notary Pubac,State of New York Single and Separate Search No.01-PR4911757 Qualified in SufollcCounty 5 Commission Expires Nov 16, • RH80020461 CHAIN OF TITLE FOR ADJACENT PREMISES SOTH: District: 1000 Section: 054.00 Block: 05.00 Lot: 028.001 JUL 2 9 2003 • 1) Lucy Alevras and Margery D. Burns Dated: 11/10/49=``.�'`''e`= to Recorded 3/6/50 Bernard G. Featherstonhough and Liber 3052 page 7 Alice Featherstonhough, his wife 2) Alice Featherstonhough, surviving tenant Dated: 8/24/84 by the entirety of Bernard G. Featherstonhough Recorded: 8/30/84 to Liber 9632 page 250 Daniel Regan and Mary Regan, his wife 3) Daniel Regan and Mary Regan, his wife Dated: 1/26/88 to Recorded: 2/5/88 James Kelempelidis and Liber 10534 page 359 Elaine Kelempelidis, his wife 4) James Kelempelidis, a/k/a Dimitrios Kelempelidis, Dated: 4/10/95 and Elaine Kelempelidis Recorded: 8/290/95 `.. to Liber 11739 page 193 Elaine Kelempelidis and Dimitrios Kelempelidis, Trustees of the Elaine & Dimitrios Kelempelidis Revocable Living Trust LAST DEED OF RECORD Commonwealth Land Title Insurance Company Subscribed and Sworn to this 25th day of February, 2002 BY: it.e1,4e,--; '�, VINCENT SETT VP AND PRODUCTION MANAGER of Public JANA M.PRINDLE Notary Public,State of New Yolk Single and Separate Search No.01-PR4911757 Qualified In Sutfofc County Comm1sslon Expires Nov 16, MIT— .= No.: RH80020461 Y .. CHAIN OF TITLE FOR AD3ACENT PREMISES EAST: DOGWOOD LANE I DE ; -€W ' 1 yUii' LJUL 2 9 2003 .1:.��'.�+f ^r-)w: 1 , • Commonweal h Land Title Insurance Company Subscribed and Sworn to this 25th day of February, 2002 BY: Cet' VINCENT SETTE 1W h VP AND PRODUCTION MANAGER - No =ry Public JANA M.PRiNDLE Notary Public,State of New Yoh Single and Separate Search Qualified 1-PR49u1757 7Commission Epfras Nov.16, 401A 7,fi-- 6.j \f‘' L-1-w 6\)_\\'03) 1111 Pro r-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 July 10, 2003 ECSPiz, iLy JUL 1 4 2003 Ms. Lydia Tortora, Chairwoman ZONING 80ARc Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Re: Appl. No. 5334:Debra Victoroff SCTM#1000-54-5-29.1 & 55 Dear Ms. Tortora: With regard to the Board's question concerning the location of the proposed swimming pool at the June 19, 2003, public hearing, I returned to the Building Department and inquired as to why the issued disapproval did not include reference to the pool as being located in other than the rear yard. Damon Rallis, who issued the disapproval, responded that since the pool and the deck which completely surrounds it were attached to the main building,the pool and the surrounding deck were not considered an accessory structure. The proposed location was therefore acceptable and not subject to disapproval. Sincerely, ANAl1 jr//ri i tar 17 - ` f J:mes E. Fitzger j/�r. cc: Damon Rallis, Building Department a subsidiary of THE PECONIC EASTERN CORPORATION ZONING BOARD OFAPPEA_.._' Y Office Location: Annex Building on Youngs Avenue Mailing Address: 53095 Main Road, Box 1179 Southold,NY 11971-0959 Emails: Linda.Kowalski I Town.Southold.ny.us or Jessica.BogerATown.Southold.ny.us Web site http://southoldtown.northfork.net (631) 765-1809 ext. 1 fax (631) 765-9064 FAX TRANSMISSION FAX# 7a7,Ss'0? ATTN: . DATE:. ' DATE: /3 D /2004 0.):sC-P4-% SUBJECT: lJ, Z 1-1 6/ S33 SL MESSAGE: Please find attached copies for your information. Atitii—;%-i' /027/11 Please feel free to call if you did not receive all sheets between 8-4. Thank you. Pages attached: . fr APPEALS BOARD MEMBERS ' ����'�®S ��, --' �� �® ®� Southold Town Hall Lydia A. Tortora, Chairwoman �� 53095 Main Road Gerard P. Goehringer ; ti P.O. Box 1179 George Horning It 0 Southold,New York 11971-0959 �Ruth'H Oliva 'J® o��� ZBA Fax(631) 765-9064 Vincent Or .ndo = °! �'� Telephone (631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 23, 2003 Mr. James Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 5334 —Variances (D. Victoroff) Dear Mr. Fitzgerald: Please find enclosed a copy of correspondence from the Town Board of Trustees dated September 5, 2003, together with its attachment (email reply). It is recommended that the Trustees Department be contacted regarding their possible jurisdiction or the next step for their review in this project. Thank you. Very truly yours, Linda Kowalski Secretary to ZBA Ends. .../O ....b 3 ge40,,,-el 67 4 k 1-' r _ i' S'pFFi- ' �-'Alb ;t J.Krupski,President ��i�,l0�® O---..��9-1/-63 ,,11 Town Hall �, James King,Vice-President _ t\ 53095 Route 25 Artie Foster % co % P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 „I �'Ui►,- Peggy A.Dickerson : .y 0��,1�� Telephone(631) 765-1892 a ‘-"Ti" * $,,, Fax(631) 765-1366 aJ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD `�1 F V<!`- l �! TO: Zoning Board of Appeals ���� ,�F.��� a����� FROM: Board of Trustees SEP ® 8 2003 r (1 DATE: September 5, 2003 �o , c �� 4 Fin mAW RE: Application of Debra Victoroff 445 & 505 Dogwood Lane, Southold SCTM#54-5-29.1&55 The Southold Town Board of Trustees has received correspondence from the adjacent property owners and their attorney, Helen J. Rosenblum, Esq. with regards to the above-referenced application currently before your Board. The matter was referred to Mark Terry and a copy of his report is enclosed. Please be advised that freshwater wetlands do exist on the property and this Board must review any activity within 100' of the wetlands. Thank you for your cooperation. cc: Building Dept. Helen J. Rosenblum, Esq. A 1'1)-9 to hr Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 `/" � -Jp -Znd D 41 Phi b--&- January 26, 2004 14.6 RECEIVED JAN 2 8 2004 Chairperson Southold Town Board of Appeals ZONING BOARD OF APPEALS Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Appeal No. 5334;Debra Victoroff, SCTM#1000-54-5-29.1 & 55 At the October 23, 2003, public hearing on this appeal, it was stated that it would be necessary that we obtain approval from the Southold Town Trustees before the Board could render a decision on the appeal. As you know, there has been in place a moratorium on applications to the Trustees for development of vacant land within their jurisdiction. As a result, we have not been able to obtain the approval of the Trustees, nor will our application be accepted until the presently-scheduled end of the moratorium in mid-March. We are anxious to pursue this matter with the Board and we will do so as soon as a Trustee decision has been reached, which will probably take place at their April meeting. S'• erely, I r • i►'� J. es E. Fitzger. '�/r. a subsidiary of THE PECONIC EASTERN CORPORATION Oct 28 03 10: 29a Proper-T Permit Services 6317347463 p. 1 A ;vuj di° Am- . Proper- Permit Services P.O. Box 617, CutchogueNY 11935 )Ph one; 631-734-5800 0)C4i/ S FAX MEMO s. OCT #-�- 2O73 DATE: 10/28/03 22', ?,: �u 3-51- 11/ c i r t;ief TO: Linda -ZBA acts, / /03-AD FROM: Jim Fitzgerald e-` J SUBJECT: Debra Victoroff; Appl. No. 5334 e N Ms. Victoroff has decided that we should not rush to get our application on the Trustees' No- vember agenda, and so the procedure that Mr. Orlando and Mr. Goehringer were describing at the 10/23/03 hearing for determining when we can next appear before the ZBA should be fol- lowed. As per our phone conversation this morning, I understand that we will be on the ZBA agenda for January at about 10:30AM, and I think that should allow sufficient time for us to have a decision from the Trustees. I'm sorry for the confusion. • • fcc: Debra Victoroff ilk • �1► Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 August 18, 2003 Ms. Lydia Tortora, Chairwoman RECEIVED Southold Town Board of Appeals Town of Southold AUG 1 8 2003 Town Hall, 53095 Main Road 11971 , t Southold,New YorkP , t i�9?d SOARD ®F e�'@ PEAL Re:No. 5334: Debra Victoroff, SCTM#1000-54-5-29.1 & 55 Dear Ms. Tortora: Attached are copies of a revised project plan which include changes based upon comments of the Board at the June 19, 2003, hearing on this matter: • The size of the deck is reduced from 10'x 35' to 8'x 20'. The smaller deck is located at the western end of the house so that it is as far as possible from the rear property line, 25' compared to 22' in the original plan. • The front porch is eliminated, increasing the front yard from 20' to 27'. • The pool is relocated so that it is no more intrusive into the rear yard setback than the house alone would be. The setback to the eastern end of the pool is now 29' compared to the 18' setback in the original plan. Also enclosed are copies of the original project plan in the same format to facilitate comparison. If you need anything else, please let me know. qa cerely, , / mes E. Fitzgera Jr. / Enclosures: Revised Project Plan, 7/2/03 (7 copies) Original Project Plan, 7/2/03 (7 copies) a subsidiary of THE PECONIC EASTERN CORPORATION °Ape • 1011 AUG 144;'''''' ?003 � ZOlififVO O' epeP d CP eP T , ►a01• ZOIC N& Z4 K 34-IIN _40()SE. Z)c3S', tZ ZO z6' Z' . <«=Z,p+ REVISED PROJECT PLAN Application concerning the property of Debra Victoroff, SCTM#1000-54-5-29.1&55 Represented by PROPER-T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E.Fitzgerald,Jr. 631-734-5800 July rY_kq"r 7 g/7-- ) AUG 18 2003 70on t?O.APID OF APPEALS it ell'CEP Oil lb- co CSP oP mot.'ECK1 Nk 24x34- - co x 35 craa z4-A35- s‘, 4 x s6, b = _�9 rbeelf ` c&L&Dob 1,\14 F- - ORIGINAL PROJECT PLAN Application of contract vendee Debra Victoroff,SCTM#1000-54-5-29.1&55 Represented by PROPER-T PERMIT SERVICES P.O.Box 617,Cutchogue,NY 11935 James E.Fitzgerald,Jr. 631-734-5800 - '"'' July 2,2003 f - C 1. .'S/2003 13:03 12121545621lot SLATTERY GOTTLIEB PAGE 01/01 ,/---- -,,/ aAt-) 0 (' ae1-l a R, T,i`" - afp /1(v 67-43 Cooper Avenue Glendale,New York 11385 718 386-7545 June 16,2003 BY FACSIMILE AND i 1)ERAL EXPRESS Lydia A,Tortora,Chairwoman Southold Town Board of Appeals 53095 Main Road Southold, New York 11971 Re: June 19,2003 Public Hearing 10:20 a,tn. DEBRA V.CTORDFF it 5334 I hereby request a postponement edits iten. I am an interested party,ty,the owner of the adjacent lot. 1 received notice of this hewing on June 13,E ad I am in the process of retaining counsel to represent me. Thank you. Sincerely. Z -7/ MAS ROZAAKIS 535 Dogwood Lane 1000-54-5-56.1 116 a 3 I. 1 s' 01 - /! 1.,4 --3 -A,us`- \--�(CmelatAti-in) _ (c- S, WC1 OFFICE OF 4 =y ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda.Kowalskina Town.Southold.ny.us or Paula.QuintieriATown.Southold.nv.us Jessica.Boger(a�Town.Southold.ny.us http://southoldtown.northfork.net - (631) 765-1809 fax(631) 765-1823 (alt. 9064) COVER SHEET FOR TRANSMITTAL 343 ATTN: di:cr.A d) 7 DATE: 6 / M /2003 REF: 2), kr'CCbA.- e MESSAGE: Cts— rQ� i( s ¢d. (.14, i /i 9 hag. ,cvc.e.Q Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. - Pages to follow: • 1 ____ -, Zr) cs) 1.- OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda.KowalskW,Town.Southold.ny.us or Paula.Quintieri(a,Town.Southold.ny.us Jessica.Boger(a Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) COVER SHEET FOR TRANSMITTAL 73 43 ATTN: , '7 DATE: 6 l / /2003 !/ REF: ). i/ ch Ule MESSAGE: 4V-4,4 �/' /- — - , 6,i14,4,=i. lik, J 01/L-e IP/i 9 19 p- . Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. Pages to follow: I . ,1p RECEIVED t , I' JUN 1 8 2003 awJIMA 1%- apv lay 6/4, V JUN182003 67-43 Cooper Avenue G6 Glendale,New York 11385 718 386-7545 June 16,2003 ` PPEAL '' BY FACSIMILE AND 1iEDERAL EXPRESS Lydia A.Tortora,Chairwoman Southold Town Board of Appeals 53095 Main Road Southold, New York 11971 Re: June 19,2003 Public Hearing 10:20 a.m. DEBRA VICTOROFF#5334 I hereby request a postponement of this item. I am an interested party,the owner of the adjacent lot. I received notice of this hearing on June 13,and I am in the process of retaining counsel to represent me. Thank you. Sincerely, OMAS ROZAKIS. 585 Dogwood Lane 1000-54-5-56.1 111111 4041P 6j, Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (63 1) 734-5800 March 13, 2003 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold,New York 11971 Re: Application for a Variance; SCTM#1000-54-5-29.1 & 55;Debra Victoroff Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a single-family dwelling, deck and pool on the property of Debra Victoroff located at 445 & 505 Dogwood Lane in Southold. Proper-T Permit Services represents Ms. Victoroff in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Y• .rs truly, C, API i - r es E. Fitzg d, Jr. Enclosures: Application fee(check, $400) Application(7 copies) Project Description(7 copies) Letter of Authorization(7 copies) Transactional Disclosure Form(7 copies) ZBA Questionnaire(7 copies) Notice of Disapproval(7 copies) Short EAF (7 copies Vicinity Map (7 copies) Tax Map (7 copies) Survey of Property(original plus 6 copies) NYSDEC Letter of Non-Jurisdiction(7 copies) a subsidiary of THE PECONIC EASTERN CORPORATION -L .01f„, sant CERTIFIED TO: 4t 4f'4' 715#314)04/0 , a WASHINGTON MUTUAL BANK, F.A. \V q.�� S'p •,�, !yam COMMONWEALTH LAND TITLE INSURANCE COMPANY �\' FS S p AG 7177.E NUMBER RH80020461 \ '9 pip•kt., DEBRA VICTOROFF 4\Q 4 ���+6� Se -14,4,�''►' EJp .p iL� ��`l o 3, 8Z4 Som ���s O"' _ co o Q (�QY A . •Ste, • SCA! Oc lilr . . a �y S C.T.M. fill cy aa • O �P G �� jDPb,o�'"17�a�' PROPOSED :LL ZF O0 c AND `�" ��• O ���� Al 84.5 " ��E'c,f + SWEPT •SANITARY~SHOWNM ELEVATIONS ARE IN ASSUMED DATUM. SU AGIMIC. ^ IS - Lf J + NO SURFACE WATER EVIDENT WITHIN 300 FEET. . Lr Na;'�•;,.,TNsm 4\ el ��y +QQ _, Oh o`` I/ fie, ADJACENT DWELLINGS SERVED BY PUBLIC WATER. osu vr Q �, ARF�1: 8,948 S.F. = 0.205 AC. POOu PAno.;•: Q `�N % A- • •/. • 'I` lyf�'. 7209FCNG 6/ / HE N E Li ON4 V O� •�G• , O c�`• �' NOT EE CONDO 1 ' ' , �(4 JOB NO. k,o Q Q� r �,:�rif- ,,, , ��, REVISION REL: 08/2! 837 ��( 1.�it. 4* V. - REV. OB/2: e.„. 4„,,,...„ 5. Cy . / V 4 �8 + / o ?' PROVIDE: s7fr V let IC t% NQJ (5) 8'/ X 2' DEEP �tiQ �` �QT CO_ / Q 4' N. 4CHING POOLS. Day Np 86+ 85.4 Y • 1000 C TANK.LLON FINN /re.— O,Q 1 j� 0 0 c • . !, p�YiAGFIi�s�F�l / ��AD cY � _as. TOPSOIL •2 ,_ Blit r SAID. / ,ti 0 �4T SAND ' r � l. •� (11'*0 4;\ -2.5' Ct PROF WATER IN p .,:lc: V SAND I (3 ��t -9 W �‘,1 ,;: -3 ' pp 0 Ui -1 I bitty O PER SURVEY BY = (� RODERICK VAN TUYL O a LL47ID 5/12/1987 ti PAUL N 10 vi DW NG PROPOSED GRADE AVG COVER 2' IMS 87.5107 4 W. S Hampton E O N�.1.—.._______S. T/POOL 87.0 PHONE: (6. K FAX: (631) -491O .ea SEPTIC TANK CESSPOOL 8 POOL 84.5 2 GROUND WATER ® 82.5 ---• -----) • ��� o� Qs4M CERTIFIED TO:WASHINGTON TUAL BANK, F.A. SURVEY OF ----VV P���O��P Thep 0,�, �Y, COMMONWEALTHU LAND TITLE INSURANCE COMPANY DESCRIBEDURPROPERTY JO �Osr �1 O4 X49'/ DEBfi4ENUMBER VlCTOROFFRH80020461 SITUATE AT 4\ 4QOp+s� s6?�j� N�'1<<" 1Z4 Q • SOUTHOLD • �� Zy TOWN OF SOUTHOLD ,\ 4? 87�� SUFFOLK COUNTY, NEW YORK /��* / / S- �5�, SCALE: 1"=30' DATE: MARCH 25, 2002 .0 c),_h� VACANT ?,�� �� S C.T.M. DIST. 1000 SEC.054 BLK.05LOTS29.1, 55 ` 20' ,q,+ SQ 7 0Q EASEA/ENIS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT .�P �/ V A,� "D�?O' CO PROPOSED W'LL Q GUARANTEED UNLESS PHYSICALLY EYIDINT ON ME PREMISES AT THE TIME OF THE ` na' ►` r i 'OM SURVEY: \G 4� G\ / AO• 'OOSFO SANITARY S, GUARANTEES INDICATED HEREON SHALL RUN ONLY 7U THE PERSON(S)FOR WHOM 7 . 1 +!!•• / 84.5 ` ' °Ebh 3 EXCEPT '• SHOWN. ELEVATIONS ARE IN ASSUMED DATUM. S PREPARED,I� µ A> � �y J ‘6R-`k-1- +`V ,o .�' NO SURFACE WATER EVIDENT WITHIN 300 FEET. ALENDING INSDEIDON. GUA2WIEES ARE NOT TRANSFERABLE 7070 ADDITIONAL S OF 7T� Q Q' 'Ql NY --6, :9 i• • ♦�'�° fr o i'�i) .%)cv ~' _ ADJACENT DWELLINGS SERVED BY PUBLIC WATER. ARES 70 THuair EERS. THE OFFSETS PROPERTYLINES ARE FORR M�ECI)C SHOWN SSE AND USE E I Pik- 4\ ' h' AREA: 8,948 S.F. = 0.205 AC. 7HFREFDRE ARE NOT INTENDED TO GUIDE THE INECDON OF FENCES. RETAINING I v 04 JP .4P 1111rpP s()I0 , ` 6,, Qj ` h FOOLS, PAno� PLWDNG AREAS, ADDITIONS 70 BUILDINGS AND ANY OTHER �� gj• � ,Q; :; 5,� ►�� u U71IORCONSTRU®'ALTERATION OR ADDITION 70 mis SURVEY IS A WOIAnoN OF sEcnDN i. 7209 OF 771E NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT o4� p`2, '-o4G- , O F' �' v� �`` NOT BE CONSIDERED ARI VALID TRUE COPY. AND RED INK OR L7NBOSSED SEAL sI4Au �� •1� 1 1 � � ,/ tiF , FeP JOB NO. F3745 / a o REVISIONS: (61 QQ ( �,�.1 7 / �r. 83.7 Q j/`*r/ ^ a REV OB/25/2002 r," OF NE \ / 'h 'v_ REV 08/27/2002 r �f' �• 62• `_�F�2.. h Y ••%rte ?,' V I 0> Cr*. st>�svV //�,h'Y\ �6 J��, ` ; PROVIDE 0'v 4iRry Q •'� , No.048287 se/ (5) B' X 2' DEEP _ LEACHING POOLS. O �N 8 85.4 e, c-) / ��� SAN. ,„, o SAND SUQ,�'rr(1) 7000 GALLON �F �� E ' __..,.0` SEPTIC TANK. �ex1,,'�FZA.,f,F • >>, (0 0 ��AAFefr, 44, / ® �� -0 5' TOPSOIL fie,- S 'f'4)- ti 0 ��v SAND PAT T. SECCAFICO 0' SAN. , y� W �� �' �� ��h- -2.5' PROFESSIONAL LAND SURVEYOR, P.C. O WATER IN 2 — SUCCESSOR TO — '� ,°` _ W �^ l ® y. DONALD TASE, LS. l: OLE cd RICHARD WILHELM AND ASSOCL4TES ry ® PER TEST BY 0 PROFESSIONAL LAND SURVEYORS RODERICK VAN 7U12 Ij NORTHSTAR SURVEYING, P.C. PER 5/12/1987 v PAUL T. CANAUZO, LS., ROBERT A. KART, L.S.^ (4 GOOD GROUND SURVEYORS, P.C. AVG CODER 2' DW ANG PROPOSED GRADE 328A Main Street ' INV. 87.5 N. 107-4 W. Montauk Highway AO Hampton Bays, NY 11946 Center Moriches, NY 11934 w�t ...._,......S. T/POOL 87.0 PHONE (631) 728-5330 PHONE: (631) 878-0120 FAX: (631) 728-6707 FAX: (631) 878-7190 0 03 S2S • EPTIC TANK CESSPOOL B•/POOL 84.5 N.Y.S. LIC. NO. 049287 GROUND WATER 0 82.5 COPYRIGHT - 2002 PAT T. SECCAF7CO P.LS., P.C. e 04004 Y Off' p • ELIZABETH A. NEVILLE ��zG'y� Town Hall, 53095 Main Road TOWN CLERK ; =y 4 P.O.Box 1179 REGISTRAR OF VITAL STATISTICS - err t Southold, New York 11971 MARRIAGE OFFICER ,�,,L � rg Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER 01 $*# �i� 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: March 19, 2003 RE: Zoning Appeal No. 5334 Transmitted herewith is Zoning Appeal No. 5334 of Debra Victoroff by James E. Fitzgerald for a variance. Also included is: transmittal letter dated March 13, 2003; project description; letter of authorization; Applicant Transactional Disclosure Form; ZBA Questionnaire; Notice of Disapproval dated February 11, 2003; Short Environmental Assessment Form; vicinity map; tax map; survey; and NYS DEC letter of non jurisdiction. 3030 N� 3° 0000 T wn Of Southold � '.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * 03/19/03 Receipt#: 3057 isaction(s): Subtotal 1 Application Fees $400.00 Check#: 3057 Total Paid: $400.00 Victoroff, Debra 445 Dogwood Ln 505 Dogwood Ln Southold, NY 11971 1D: LINDAC Internal ID:71912 New York State Department of Environmental Conservation alk Division of Environmental Permits, Region-One - - Building 40-SUNY, Stony Brook, New York 11790-2356 lima Phone: (631)444-0365 FAX: (631)444-0360 -- _ NIFF Erin Crottyl Commissioner LETTER OF NON JURISDICTION-FRESHWATER WETLANDS ACT June 27, 2002 Ms. Debra Victoroff 610 W. 110th Street, Apt. 10D New York, NY 10025 Re: NYSDEC Application No. 1-4738-03035/00001 445 & 505 Dogwood Lane, Southold Dear Ms. Victoroff: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: Your proposal to construct a single family dwelling, deck, garage, and septic system at 445 & 505 Dogwood Lane, Southold, SCTM 1000-054-05-29.1, 55 is more than 100 feet from regulated freshwater wetlands. Therefore, no permit is required under the Freshwater Wetlands Act (Article 24 of the Environmental Conservation Law). Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Sincerely, &405'”77. 1,111' George W. Hammarath Permit Administrator cc: Proper-T Permit Services •'t BOH .1`OWNN OF SOUTnoL D:. ``.'" BI }, 'GEPOT)V1tNT EG} 0;./.rT©WN HALL.. SOUTH,-NY.11971 TEL: 765-1802 BUILDING PERMIT APPLICATION CHECKLIST: Do you have or need the following,before applying?: Board of Health? 3 sets of Building Plans Survey Check Septic Form -, N.Y.S.D.E.C. • Trustees Examined ,20 • Approved ' - -'•• '- =,2t$ J ' PERMIT NO. Disapproved a/c • - -,,- -,n n�Va��c �' Building Inspector , TMT .,.H. . • ': ,s i' MPLICATION FOR BUILDING PERMIT ;'t.. FEB . • Date November 25 , 20 02 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 sale. Fee according to schedule. ' , .1 .1 _ b.Plot plan shoviitig laxation of lot and of buildings on� emis'es,relationship to adj64ning premises or public streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. . APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions, or alterations or for removal or demolition'as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing c'•-j `egulations, • ,d to admit authorized inspectors on premises and in building for necessary inspectio• :. IOF • fililL. 14 i / /Jit • (Signatur I ap r:f ant or name,/f a corporation) Pi Box 617, chogue NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Agent Name of owner of premises Debra Victoroff (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which pi ,sed work will be done: • .;r 445 & 505 Dogwood "Lane, Southold A'' ' ` House Number Street Hamlet • County Tax Map No. 1000 Section 54 Block 5 Lot 29. 1 & 55 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Undeveloped • b. Intended use and occupancy Single—family residence . 3. Nature of work(check which applicable): New Building XX Addition 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; r., O,n,Q Number of dwelling units on each floor N/A If garage, number of cars N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front N/A Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories ' 8. Dimensions of entire new construction:Front 59' Rear 59' Depth 34' Height ? Number of Stories ? 9. Size of lot:Front 109' Rear 109' Depth 85'' var 10. Date of Purchase 10/02 Name of Former Owner Rave • 11. Zone or use district in which premises are situated R-40 • 12. Does proposed construction violate any zoning law, ordinance or regulation: Yes 13. Will lot be re-graded Yes Will excess fill be removed from premises: YES NO Debra Victoroff 610 W. 110th Street, apt 10D 14. Names of Owner of premises Address New York NY Phone No.212-222-1529 Name of Architect Address • Phone No Name of Contractor Address Phone No. . 15. Is this property within 300 feet of a tidal wetland? *YES' NO XX • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey, indict scope of project, to scale, with distances to property lines. ' 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOI)K James E. Fitzgerald, Jr. being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the agent (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this applicatio 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. Sw m to before me this day of OU 20 CZ__ • . LYNDA M.BOHN' - (3a.e..1--- 4116 ' NOTARY PUBLIC,State of N „ ,r,,,i_4��(44"jt4 Notary Public No..1 B06' 1• Qualified in Suffolk C• v� Signa a of I�•plicant Term Expires March 8, ._ I , y @b/21/2@@4 10:07 63172 4� PAGE 02 HELEN J. ROSENBLUM ATTORNEY AND COUNSELOR AT LAW 1287 EAST MAIN STREET R RHEAD,NEW YORK 11901 �( 0� (631) 727-1010 FACSIMILE: (631) 727S524 j Shelter Island (631) 749-0066 't t y E , E MAIL:li'r a e11 aw.�let JUN 2 1 2004 54655 MAIN ROAD Post O11ka Run 1468 SOUTHOLD,NEIN YORK 11971 Z�RI°� s��� F (631)765.5352 APPEALS FAc51Mll E.(63l)765-5969 7 L•MAIL ht eltht6.6et June 21, 2004 Via Fac,1i/nile - 765-9064 Ruth Oliva,Zoning Board Chairwoman Members of the Zoning Board Southold Town Hall Main Road Southold, New York 11971 Re: 445 Dogwood Lane, Southold New York SCTNI#1000-54-5-29 I and 55 Dear Chairperson Oliva and Members of the Board: Since my last letter to you, a family friend has passed away. Her funeral is tomorrow morning at 11:00 on Shelter Island. Therefore, for this additional reason, I am once again requesting an adjournment of your matter, as 1 have also requested an adjournment of the matter 1 have pending in Supreme Court. If you are willing to consider my request, l do have another matter on your July 22. 2004 calendar, Matter of Trippe. Thank you very much. Sincerely. 69"' HELEN J. ROSENBLUM HJ I? cc: Thomas Rozakis Debra Victoroff Michael Verity, Chief Building Inspector Patricia Finnegan, Attorney at Law.Town Attorney '6\34'13 11. • �7 HELEN J. ROSENBLUM w r ATTORNEY AND COUNSELOR AT LAW 4 1287 EAST MAIN STREET / RIVERHEAD, NEW YORK 11901 1� (631) 727-1010 FACSIMILE: (631) 727-5524 • Shelter Island (631) 749-0066 E-MAIL: hjr@elilaw.net n 54655 MAIN ROAD /✓�� ('//7/�I Post Office Box 1468 oto ,/J SOUTT-I3NEW YORK11971 9�� /�� (6631)1)765-525252 /FACSIMILE (631)765-5969(iu ��q/���-.{; U E-MAIL hneltlaw net Et'!/ 0///O June 18, 2004 Ruth Oliva, Zoning Board Chairwoman Members of the Zoning Board Southold Town Hall Main Road Southold,New York 11971 Re: 445 Dogwood Lane, Southold, New York SCTM# 1000-54-5-29.1 and 55 Dear Chairperson Oliva and Members of the Board: As you know, I have been representing objectants to the above-referenced application to construct a single family dwelling who are the immediate neighbors to the applicant. My clients have made me aware that this matter is coming before you on June 22, 2004. On that date, I will be in Supreme Court, Central Islip in a matrimonial matter before Judge Emily Pines, so unless that is adjourned, I will not be able to be with you. On that basis alone, I would respectfully request an adjournment, but this request is based on other issues as well. The notice given to the neighbors by the applicant, references the notice of disapproval from the Building Department dated February 11, 2003. The notice also correctly included a plan that had been submitted to the Trustees by the applicant during the second evening of the hearing on May 26, 2004 which changes the plan in the original application to the Zoning Board. In my opinion,this current plan should be presented to the Building Department so they can further amend the original notice of disapproval of February 11, 2003. One of the objectants who reviewed your file this week could not find this new plan in it, much less a revised notice of disapproval from the Building Department. The legal notice in the paper references both the February 11, 2003 notice of disapproval and also the amended notice of disapproval dated April 20, 2004, but nothing more recent. Again, since this , , , . di lb Ruth Oliva, Zoning Board Chairwoman Members of the Zoning Board Page Two newest plan was submitted subsequent to April 20, 2004, it is my thought that not only should it be in your file,but it should also have been reviewed by the Building Department. How can you entertain an appeal of a determination of the Building Department without such a determination having been made? In addition, if the existence of the most current plan is not even mentioned in the legal notice, much less present in the file, how will the public know it has been submitted and what the application is all about? While your legal notice has not technically changed in that there is still an application needing a variance in the front and rear yards, a member of the public looking at this notice and reviewing the file would have absolutely no idea how big the variances would be and, therefore, what is being reviewed by the Zoning Board, and whether or not he or she should attend the hearing. In my opinion, a legal notice is supposed to advise the public of what the applicant is seeking. This does not. In addition, there is a more fundamental issue which I believe should be passed upon by the Building Department in writing prior to your consideration of this application in its present form. Enclosed please find a letter I wrote to Michael Verity on May 25, 2004, setting forth my analysis as to whether or not this is a valid lot to begin with. If it is not a valid lot, it should not be before you for variances. If it is a lot that you are interested in creating,that becomes a different issue as to your statutory right to do so given the substandard size of the lot, which also must be the subject of a public hearing, if not a notice of disapproval. I will not restate the contents of that letter herein but would respectfully direct your attention to it as it appears that, given the lot was created by deed in 2002, and it clearly does not meet the bulk regulations in place at that time, it also may not meet any of the criteria set forth in 100-24 of your Town Code which validate a pre-existing, nonconforming lot. For these reasons and also because one of my clients, Thomas Rozakis, has just ., , , . • a 440 Ruth Oliva, Zoning Board Chairwoman Members of the Zoning Board Page Three been discharged from the hospital and is recovering at home, I would respectfully request that this matter be adjourned to your next hearing date. Thank you very much. Sincerely, kt.---- ri-- 16</-9-414—€4'-V\J HELEN J. ROSENBLUM HJI Enclosure cc: Thomas Rozakis Debra Victoroff Michael Verity, Chief Building Inspector Patricia Finnegan, Attorney at Law, Town Attorney 66/21/2004 10:07 631727 4 • PAGE 01 HELEN J. KOSENBLUM ' A1-pc 4EY AND COUNSELOR AT LAW 1287 EAST MAIN STREET RIVERNBAD,NEW YORK 11901 (631)7'1-1010 FACSIMILE:(631)727-55M E-MAIL:ORWIRMAIIIIISArA Ws MAIN AD , ,aOWAAX um OM 7114111 s�>ar :Agar� '� Dale: 6 • 0/ FROM: iba---' /r. 6a44-4)41---• � Wvv=tf, ci- • TO: ePLIL'Ae4ziat„.„,, .4)7)2 � '- .,--------0-( FIRM: f211- 4-s-ar SENDER'S FACSIMILE NO.: (631)727-5524 ADDRESSEE'S FACSIMILE NO.: 76 6----- qv‘ NUMBER OF PAGES(INCLUDING COVER SHEET): 07-- SUBJECT ZSU8JEC7'MATTER: Sc-1-/� 4 on- '67142 / 1 6- -- COMMENTS/SPECIAL INSTRUCTIONS: HELEN J. ROSENBLUM ` . ATTORNEY AND COUNSELOR AT LAW 1287 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 (631) 727-1010 FACSIMILE: (631) 727-5524 Shelter Island (631) 749-0066 E-MAIL: hjrPelilaw.net 54655 MAIN ROAD Post Office Box 1468 SOU7HOLD,NFW YORK 11971 (631)765-5.25.2 FACSIMILE:(631)765-5969 E-MAIL Is11(41Clildrb net May 25, 2004 Via Facsimile - 765-9502 Michael Verity, Chief Building Inspector Southold Town Building Department Main Road Southold, New York 11971 Re: 445 Dogwood Lane, Southold, New York SCTM# 1000-54-5-29.1 and 55 Dear Mike: As you may or may not be aware, I represent neighboring owners of this parcel which is presently before the Board of Trustees for a wetlands permit and, if granted, will go back to the Zoning Board of Appeals for variances. In the last couple of days, I have been able to piece together some of the history of this lot. Initially, I had assumed given the various notices of disapproval issued by the Building Department that it was a legal lot, some question now has arisen, and I would respectfully request that you look into it. • Based upon the property record card as well as a single and separate search, it appears that lot 29.001 was first held in common ownership with lot 055.000 in the names of John Norris and Estelle Gee, at some point in the 1950's. What then followed was a transfer of each lot to different persons who I believe may have been related to John Norris and Estelle Gee. On November 27, 1987, the two lots again became jointly owned,this time by Sandra R. Rave and Mary P. Tloczkowski. On November 8, 2002, both parcels were sold to the present owner and for the first time were joined in one deed, and on January 27, 2003, the parcels were formally merged by the town to conform with the deed to the present owner. Michael Verity Page Two Section 100-24 sets forth standards, any one of which could validate a pre- existing, nonconforming lot. However, a prerequisite to such validation is that the lot be created by deed or town approval and that it conform with the bulk regulations in place at the time the deed was drawn creating the lot. In this case, the deed that created the lot was dated 2002 and I am wondering, therefore, if any of the standards enumerated in this section would apply to this lot. It seems to me that they would not. Although I have tried to determine the antecedents of this lot as it presently exists and the two smaller lots of which it is composed,there may be information of which I am not aware that would allow the town to validate this lot. I will need your guidance and input on this. By copy of this letter I will be requesting that the Board of Trustees table this matter which is scheduled on their agenda for tomorrow night until you are satisfied that this lot is, in fact, a legal building lot. Thank you very much. Sincerely, 4.1cvLm HELEN J. ROSENBLUM HJR:jos Enclosure cc : Town of Southold Board of Trustees - via fax 765-1366 Ann Rozakis Debra Victoroff ,s_ - Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: April 21,2004 TO: Linda-ZBA FROM: Jim Fitzgerald SUBJECT: Debra Victoroff; Appl. No. 5334, SCTM#1000-54-5-29.1 &55 Against the possibility that the Trustees may validate the existence of fresh water wet- lands on the property,the alternative size and location of the proposed house shown in the attached surveys(Ehlers, last dated 11/4/03) have been presented to them for re- view at the 4/21/04 public hearing.Note that the pool and deck proposed in the origi- nal ZBA application have been eliminated. If the Trustees, as we hope, find that the property does not encompass any wetlands, it may be appropriate to return to consideration of the plan originally submitted to the ZBA. 4112 e 414,s Qom(Z43A 0 42 j ao Lief .c2e 4/2/o 171-\tir 9/-ti -b 3 / � L'� i-v r • g.. ' �SOFFOL,tr,II t J. Krupski,President 't����� COG-, Town Hall • James King,Vice-President � h`Z` t4 53095 Route 25 Artie Foster ; p14P.O.Box 1179 Ken Poliwoda ? Southold,New York 11971-0959 /P Peggy A.Dickerson }� Ptil, _l j� a�� �� Telephone(631) 765-1892 irtir j,� _ .( * `1►,,,i Fax(631) 765-1366 41& •/1) OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Zoning Board of Appeals ; w FROM: Board of Trustees SEP - 8 2003 DATE: September 5, 2003 (i--1;713 „,) RE: Application of Debra Victoroff 445 &505 Dogwood Lane, Southold SCTM#54-5-29.1&55 The Southold Town Board of Trustees has received correspondence from the adjacent property owners and their attorney,Helen J. Rosenblum, Esq. with regards to the above-referenced application currently before your Board. The matter was referred to Mark Terry and a copy of his report is enclosed. Please be advised that freshwater wetlands do exist on the property and this Board must review any activity within 100' of the wetlands. Thank you for your cooperation. cc: Building Dept. Helen J. Rosenblum, Esq. 4/(4- -k o/y SAN. CERTIFIED TO: 4t v.- , 44 Flli WASHINGTON MUTUAL BANK, F.A. L \V 0 Typ o 4, !y/ COMMONWEALTH LAND TITLE INSURANCE COMPANY S �OTITLE NUMBER RH80020461 '9 0�f'�li0 DEBRA VICTOROFF .ilk Sr J- �G Q 18 ,11116% �.3s0 4, ��'-<s szy . "� �� J� Cp / F t�� PO ., sQP b. / / s- ° -v^ SCA! Airppo. el OG'1 S C.T.M. AM Fa h `� �0 EASEMENTS AND mGUARANTEED un (.. Q V PROPOSED W'LL <<‘ SUARAN ��V\ ` e m► •►r i -OM GUARANTIES TM SAN,^k �G 0�4'' 4<<., j 84.5. ` '�Oe a.,:* ., , EXCEPTY••.~SHOWN. ELEVATIONS ARE IN ASSUMED DATUM. su vRa J .k ,� NO SURFACE WATER EVIDENT WITHIN 300 FEET. fav ARE �\s ,Q. O0 Bs �c� �) •� oR�'`��/ �a ADJACENT DWELLINGS SERVED BY PUBLIC WATER. u Q\� + �y� SMC TO a.> ��„h ` �h' �•. AREA: 8,948 S.F. = 0.205 AC. POOL� PATI c, O4 J . O. 4? 5' 6' 0 �h CONSTRUCTION. 11. • :•iC• QQ , �/ 1 A .4 ` by UNAUTHORIZED. l� .� \ �4, `,,op 7209 OF ME N 4/ , V ,q� �s. �, BEARING ME U Q��/ \ � �� �G' - O v Q4/ cP �' mac'-4F0 1� 4tl NOT BE CON5/0 F ,\ Fe JOB NO. ___ , ".k,1;2( --c(-', ly* Qc c VX��( ea �` (49 REL: oa/z� 83.7 y-'( 1. / 44 REV 08/2 (4-411% AQ 2. •\ ,r). ...,56 X66 �1 P �t 6��,� ,e h ryry co j � �• X50°, V /7I\ 4..s.....:/ .., PROWOE. vCV r (5) 8'0 X 2' DEEP kV / _J / O R. SAN. �n 00A GALLON p�E``liy /rE�y'0 �61J' v5.4 0 c Frio �o / 0 CO ?� �/A FI�p�S�ifF� etcr v -0.5' TOPSOIL AV relic lr SArd. ,ti O �v SAND W - r �4l4 �� �qy -2.5'- PROF �. O EA CC WATER IN p --i. 70 "�\ SAND __C) �./ �� W OO It _ O -9' • TEST HOLE 1 PER SURVEY BY Lri= RODERICK VAN TUYL p a DATED 5/12/7987 ci • PAUL in Eli DW ING PROPOSED GRADE m �c AVG. COVER 2' . 107-4 W. INK 87.5 S Hampton E �O z T/POOL 87.0 PHONE: ( , m FAX: (631) 7O 2SEP77C TANK • 2 CESSPOOL B/POOL 84.5 GROUND WATER 0 82.5 COPY j" 4" l O1y SAN. CERTIFIED TO: SURVEY OF 4P (1,,<<:) F</ WASHINGTON MUTUAL BANK, F.A. DESCRIBED PROPERTY ' ' �G �o��O�v hyo, A, ly-Yo �A COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NUMBER RH80020461 Q`� q- q \ S.'9 (74',c. q, DEBRA VICTOROFF SITUATE AT - + 4\ <Oo d' 562 , -1NA/ 4e,<-'4d 9 ^j TOWN OFSOUT SOUTHOLD 00 + ��' Q 87� ti� 1 �,s SO'' ���s SUFFOLK COUNTY, NEW YORK >......3::... O Q �. / 5 , •v^,,, SCALE: 1 =30 DATE: MARCH 25, 2002 O VACANT ;�Op I , S C.T.M. DIST. 1000 SEC.054 BLK-05LOTS 29.1, 55 \S� ?Q• .e .4-.?o h �� EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT �lP G la A°0���' to PROPOSED W.LL. 2��Q GUARANTEED UNLESS PHYSICALLY EVIDENT ON 7HE PREMISES AT 7HE TIME OF 7HE (V�\�\ COs yA A 10i 'OM SURVEY. INDICATED HEREON SHALL RUN ONLY 70 THE PERSON(S) FOR WHOM THE .\1^Qs� / 84.5 3gF��� SANITARY 7EMS, ELEVATIONS ARE IN ASSUMED DATUM. SURVEY IS PREPARED AND ON HIS BEHALF 7D THE TITLE COMPANY, GOVERNMEN- Q) ° \ �!" / C,� 3 EXCEPT A' SHOWN. AGENCY AND LENDING INSTITUTIONS LISTED HEREON,AND 70 THE ASSIGNEES OF, J ,^c/ .� NO SURFACE WATER EVIDENT WITHIN 300 FEET. LENDING INSTITUTION. GUARANTEES ARE NOT TRANSFERABLE 70 ADDIAONAL INSR7 Q P Q III: 6)4(513,1-, AROIO '� V a ADJACENT DWELLINGS SERVED BY PUBLIC WATER. OR SUBSEQUENT OWNERS. THE OFFSETS(OR DIMENSIONS) SHOWN HEREON FROk) \\ o� ,O g6 ,� O, pIP� `� h STRUCTURES TO THE PROPERTY LINES ARE FORA SPECIFIC PURPOSE AND US£•i \!_ ' Q� P�,� 8j �4/4� `� mac' h' ^ AREA: 8,948 S.F. = 0.205 AC. THEREFORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES RETAINING h 6 POOLS, PATIOS, PLANTING AREAS, ADDlITONS 70 BUILDINGS AND ANY OTHER 0CI �, .t„� �'�•1` Qo �\�:5� 6' O� hh' CONSTRUCTION. _ V� JAW \I ... ` d UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A NOLAAON OF SECTION �i Q� ^ I -eIp 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT \Q �� �O. BEARING THE LAND SURVEYORS SIGNATURE AND RED INK OR EMBOSSED SEAL SHALL y1�� .�� �� 0 Q �p� is- '0 7209 a� NOT BE CONSIDERED A TRUE VALID COPY: pO !i41 O �o 'a X 1iiii,i0C-S\I : p F' a ! tiF ,\ o�eN" JOB NO. F3745 .`�`�.—fir' / / : --- REVISIONS: Qv. Q X/i 8 -+-........ �_ 08/25/2002 ,1 a ®F �� 83.7 �. / , 6 ,� ` (•SEC`+, y-f REY 7/2002 c / f � amS. V �'Cbsi // r . Ilf(5" . ` F h c.` V {{{!lIJJJ Sp,, .; nit �- QJ . � �'� 0 ova,",, ,�a° PROVIDE •j 4�(r_V ""`ticv ?S.-1 �1 Ir. (5) 8'0 X 2' DEEP NQ �Qv w J / ® �� SAN. - ®c��® Sv�`,� LEACHING POOLS .0 /fro, �6' 85.4 �P �\ ^L,C,fJ J <i STEPT7COTANK.GALLON �E'�c//fro s`si/Q,o J'' �� ® . ..•�. e �� TOPSOIL ��A��,'�'s���� ® ��v -0.5' SAND W ECCAFICO c SAN. / - P ��T�,Q 66 �\ ' -2.5' O LA PROFESSIONAL LAND SURVEYOR, P.C. WATER IN o ct /INC .' 0 SAND - SUCCESSOR TO - ® -9' RICHARD WNALD LHELM AND ASSOCIATES -P.', ® TEST HONE PROFESSIONAL LAND SURVEYORS PER SURVEY BYBODER/CK VAN TUYL d NORTHSTAR SURVEYING, P.C. DATED 5/12/1987 i PAUL T. CANAUZO, L.S., ROBERT A. KART, L,Sn �, (1i GOOD GROUND SURVEYORS, P.C. DPROPOSED GRADE 107-4 W. Montauk Highway 328A Main Street AVG. COVER 2'V. 87.5 'i Hampton Bays, NY 11946 Center Moriches, NY 11934 OT/POOL 87.0 PHONE: (631) 728-5330 PHONE: (631) 878-0120 7FAX (631) 728-6707 FAX: (631) 878-7190 Q 2SEPTIC TANK CESSPOOL B/POOL 84.5 N.Y.S. LIC. NO. 049287 GROUND WATER 0 82.5 COPYRIGHT - 2002 PAT T. SECCAFICO P.L.S., P.C. 411. a • New York State Department of Environmental Conservation Division of Environmental Permits, Region-One ---- - - Building 40 -SUNY, Stony Brook, New York 11790-2356 aid Phone: (631)444-0365 FAX: (631)444-0360 --- - _ _ Erin Crottyl Commissioner LETTER OF NON JURISDICTION-FRESHWATER WETLANDS ACT June 27, 2002 i Ms. Debra Victoroff 610 W. 110th Street, Apt. 10D New York, NY 10025 Re: NYSDEC Application No. 1-4738-03035/00001 445 & 505 Dogwood Lane, Southold Dear Ms. Victoroff: Based on the information you have submitted, the New York State Department of - Environmental Conservation has determined that: Your proposal to construct a single family dwelling, deck, garage, and septic system at 445 & 505 Dogwood Lane, Southold, SCTM 1000-054-05-29.1, 55 is more than 100 feet from regulated freshwater wetlands. Therefore, no permit is required under the Freshwater Wetlands Act (Article 24 of the Environmental Conservation Law). Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Sincerely, -George W. Hammarath - , , Permit'Administrator cc: Proper-T Permit Services BOH A } 41011 .DOWN:OF SOUTHOLD-- Alt- . Bt LDI;,�ic DEPARTMENT 1-.,,', rTOWN.HALL., , - SOUTHOLD,NY-41971 TEL: 765-1802 BUILDING PERMIT APPLICATION CHECKLIST: Do you have or need the following,before applying?: Board of Health? 3 sets of Building Plans Survey Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Approved- ";2b J - PERMIT NO. - Disapproved a/c _:::. ,', t.--:_.. ;f_n-flf;�-4�'; ;.i`, Building Inspector . ' EB -i -APPLICATION FOR BUILDING PERMIT ' u}-‘ 9 Date November 25 20 02 . J 1 - `u" . 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 sale. Fee according to schedule. - ' v�viiig location of lot and of buildings 1 b.Plot plan sho g �rtemises, reYatioriship to itdj6ining premises or public streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. . . APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition'as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing c•• f'egulations,aid to admit authorized inspectors on premises and in building for necessary inspectio :. 1 . ,a kir" ir (Signatur- 8 ap! ant or name,%f a corporation) Ps Box 617, u chogue NY 11935 r (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Name of owner of premises Debra Vic toroff . (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. • _, Plumbers License No. Electricians License No. Other Trade's License No. . I - ,,, . : ) , . ,u,,-F ,, 1. Location of land on which p . d work will be done: • 445 & 505 Dogwood Lane, Southold. ..1P. --- ell . House Number Street Hamlet County Tax Map No. 1000 Section 54 Block 5 Lot 29.1 & 55 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Undeveloped b. Intended use and occupancy Single-family residence 3. Nature of work(check which applicable): New Building XX Addition 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; r J-0ne Number of dwelling units on each floor N/A If garage,number of cars N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front N/A Rear Depth Height Number of Stories •> )JI ' , J, I .I ' Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 59' Rear 59' Depth 34' . Height ? Number of Stories ? 9. Size of lot: Front 109' Rear 1091 Depth 85 '' var 10. Date of Purchase 10/02 Name of Former Owner Rave 11. Zone or use district in which premises are situated R-40 • 12. Does proposed construction violate any zoning law, ordinance or regulation: Yes 13. Will lot be re-graded Yes Will excess fill be removed from premises: YES NO Debra Victoroff 610 W. 110th Street, apt 10D 14. Names of Owner of premises Address New York NY Phone No. 212-222-1529 Name of Architect Address Phone No Name of Contractor Address Phone No. 15. Is this property within 300 feet of a tidal-wetland? *YES' - - ' NO XX • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED 16. Provide survey, indicte scope of project, to scale, with distances to property lines. 17. If elevation at any point on property is at 10 feet or below, mus, provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOI)K James E. Fitzgerald, Jr. being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the agent (Contractor,Agent, Corporate Officer, etc.) 1 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. Sw rn to before me this day of ill OU 20(re- 1 .___. , LYNDA M.BOHN irM J?/ I 4,-p...„0-e__ rel NOTARY PUBLIC,State of N`E1,,a1iNotary Public No.018060 1• Signa e of At licant / Qualified in Suffolk C• ,/ p Term Expires March 8, • oiiSUFFO(,g►O ELIZABETH A. NEVILLE ;a� yd• Town Hall, 53095 Main Road TOWN CLERK % d - P.O. Box 1179 eis Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS f MARRIAGE OFFICER �L Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER "'421 40 el/ Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER �916 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: March 19, 2003 RE: Zoning Appeal No. 5334 Transmitted herewith is Zoning Appeal No. 5334 of Debra Victoroff by James E. Fitzgerald for a variance. Also included is: transmittal letter dated March 13, 2003; project description; letter of authorization; Applicant Transactional Disclosure Form; ZBA Questionnaire; Notice of Disapproval dated February 11, 2003; Short Environmental Assessment Form; vicinity map; tax map; survey; and NYS DEC letter of non jurisdiction. 30 3f l jAdv03° o000f I AgiT wn Of Southold IIISO Box 1179 outhold, NY 11971 * * * RECEIPT * * * Ilk Date: 03/19/03Receipt#: 3057 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 3057 Total Paid: $400.00 Victoroff, Debra 445 Dogwood Ln 505 Dogwood Ln Southold, NY 11971 D: LINDAC Internal ID:71912 Oct 28 03 10: 29a Proper-T Permit Services 6317347463 p. 1 V`d , --) ---.Nt ("\ 92".‘ - , . • J ' Proper-T Permit Services .. P.O.Box 617, Cutchogue NY 11935 ` i lc p5�Phone: 631-734-5800 Fax: 631-734-7463 1 FAX MEMOu OCT D 3 DATE: 10/28/03 - " #�33`f l,r• TO: Linda -ZBA ' ' f fo3 FROM: Jim Fitzgerald �'`'" 'Yor'Yoj'1 SUBJECT: Debra Victoroff; Appl. No. 5334 e N Ms. Victoroff has decided that we should not rush to get our application on the Trustees' No- vember agenda, and so the procedure that Mr. Orlando and Mr. Goehringer were describing at the 10/23/03 hearing for determining when we can next appear before the ZBA should be fol- lowed. As per our phone conversation this morning, I understand that we will be on the ZBA agenda for January at about 10:30AM, and I think that should allow sufficient time for us to have a decision from the Trustees. I'm sorry for the confusion. it dial ., fcc: Debra Victoroff /,,,iii,"i APPEALS BOARD MEMBERS �dqeo FFOLit ��• •• Op Southold Town Hall Lydia A. Tortora, Chairwonian _ c • y�c ' 53095 Main Road Gerard P. Goehringer y Z $ P.O. Box 1179 George Horning O t Southold,New York 11971-0959 ��`Ru h7� Oliva ;*JJ� ZBA Fax(631)765-9064 Vincent Oil ndo = 1 * �,,o' Telephone(631)765-1809 http://southoldtown.northfork.net 7 BOARD OF APPEALS TOWN OF SOUTHOLD l(�/ September 23, 2003 Mr. James Fitzgerald Proper-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 Re: Appl. No. 5334 —Variances (D. Victoroff) Dear Mr. Fitzgerald: Please find enclosed a copy of correspondence from the Town Board of Trustees dated September 5, 2003, together with its attachment (email reply). It is recommended that the Trustees Department be contacted regarding their possible jurisdiction or the next step for their review in this project. Thank you. Very truly yours, Linda Kowalski Secretary to ZBA Ends. A V) 1,1)-91ty . ,) ,. n,.�. . Proper-T Permit Services • POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 ZZnd f0 4 Obi . January 26, 2004 RECEIVED JAN 2 8 2004 Chairperson Southold Town Board of Appeals ZONING BOARD OF APPEALS Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Appeal No. 5334: Debra Victorofi SCTM#1000-54-5-29.1 & 55 At the October 23, 2003, public hearing on this appeal, it was stated that it would be necessary that we obtain approval from the Southold Town Trustees before the Board could render a decision on the appeal. As you know,there has been in place a moratorium on applications to the Trustees for development of vacant land within their jurisdiction. As a result, we have not been able to obtain the approval of the Trustees, nor will our application be accepted until the presently-scheduled end of the moratorium in mid-March. We are anxious to pursue this matter with the Board and we will do so as soon as a Trustee decision has been reached, which will probably take place at their April meeting. S. erely, owl 01 "."-- J. es E. Fitzger.. 7'r. a subsidiary of THE PECONIC EASTERN CORPORATION (3 , t7 'o� Pry, l✓ 3 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 March 13, 2003 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance; SCTM#1000-54-5-29.1 & 55;Debra Victoroff Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a single-family dwelling, deck and pool on the property of Debra Victoroff located at 445 & 505 Dogwood Lane in Southold. Proper-T Permit Services represents Ms. Victoroff in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Y. rs truly, 1 1 (ci mes E. Fitzg d, Jr. Enclosures: Application fee (check, $400) Application(7 copies) Project Description(7 copies) Letter of Authorization(7 copies) Transactional Disclosure Form (7 copies) ZBA Questionnaire(7 copies) Notice of Disapproval (7 copies) Short EAF (7 copies Vicinity Map (7 copies) Tax Map (7 copies) Survey of Property(original plus 6 copies) NYSDEC Letter of Non-Jurisdiction(7 copies) a subsidiary of THE PECONIC EASTERN CORPORATION c Proper-T Permit Services P.O. Box 617, CutchogueNY 11935 Phone: 631-734-5800 Fax: 631-734-7463 Pr - Q, a o T ?,� MEMORANDUM 3111141:1111LLOI 1,01 DATE: March 7,2004 TO: Linda-ZBAnw FROM: Jim Fitzgerald APR 0 7 2004 SUBJECT: Debra Victoroff,Appl. No. 5334 ZONING 130,4Rrt or 477: 221j As you requested, here are seven copies of the most recent survey(Ehlers, last dated 11/4/03) showing the"standing water", alleged by the neighbors to be freshwater wetlands. i.76 Lf(VD X 111 (-Al/2.+ el-'�:� -7 P. 't-(? ,t-.-t �y �^' °' � Oa (3,Q s bsaa4 VV' Apr 06 04 02: 50p Pron-ter-T Permit Services 6317(47463 p. 1 /P Proper--T Permit Services P.O.Box 617, Cutchogue NY 11935 Phone:631-734-5800 Fax: 631-734-7463 FAX MEMO DATE: March 6,2004 TO: Linda-ZBA FROM: Jim Fitzgerald SUBJECT: Debra Victoroff,Appl.No. • In response to your phone call yesterday: we fully expect that the Trustees will approve the project at their April 21s1 meeting, in which case we'll be ready to go at 9:30AM the next day, and I think we should proceed as if that were to be the case.. If, however,the application is not acted on by the Trustees on 4/21,we won't be ready to do anything but report that fact on Thursday morning. Unless, of course,the Board is willing to proceed without a Trustee determination. OK? • 1 f i• Pages attached: None HELEN J. ROSENBLUM ATTORNEY AND COUNSELOR AT LAW 1287 EAST MAIN STREET RIVERHEAD, NEW YORK 11901 (631) 727-1010 FACSIMILE: (631) 727-5524 Shelter Island (631) 749-0066 E-MAIL: hjr@elilaw.net 54655 MAIN ROAD Post Office Box 1468 SOU1IIOLD,NEW YORK 11971 (631)765-5252 FACSIMILE*(631)765-5969 E-MAIL.he(n.eltla.s net May 25, 2004 Via Facsimile - 765-9502 Michael Verity, Chief Building Inspector Southold Town Building Department Main Road Southold, New York 11971 Re: 445 Dogwood Lane, Southold, New York SCTM# 1000-54-5-29.1 and 55 Dear Mike: As you may or may not be aware, I represent neighboring owners of this parcel which is presently before the Board of Trustees for a wetlands permit and, if granted, will go back to the Zoning Board of Appeals for variances. In the last couple of days, I have been able to piece together some of the history of this lot. Initially, I had assumed given the various notices of disapproval issued by the Building Department that it was a legal lot, some question now has arisen, and I would respectfully request that you look into it. • Based upon the property record card as well as a single and separate search, it appears that lot 29.001 was first held in common ownership with lot 055.000 in the names of John Norris and Estelle Gee, at some point in the 1950's. What then followed was a transfer of each lot to different persons who I believe may have been related to John Norris and Estelle Gee. On November 27, 1987, the two lots again became jointly owned, this time by Sandra R. Rave and Mary P. Tloczkowski. On November 8, 2002, both parcels were sold to the present owner and for the first time were joined in one deed, and on January 27, 2003, the parcels were formally merged by the town to conform with the deed to the present owner. 9� Michael Verity Page Two Section 100-24 sets forth standards, any one of which could validate a pre- existing, nonconforming lot. However, a prerequisite to such validation is that the lot be created by deed or town approval and that it conform with the bulk regulations in place at the time the deed was drawn creating the lot. In this case, the deed that created the lot was dated 2002 and I am wondering, therefore, if any of the standards enumerated in this section would apply to this lot. It seems to me that they would not. Although I have tried to determine the antecedents of this lot as it presently exists and the two smaller lots of which it is composed, there may be information of which I am not aware that would allow the town to validate this lot. I will need your guidance and input on this. By copy of this letter I will be requesting that the Board of Trustees table this matter which is scheduled on their agenda for tomorrow night until you are satisfied that this lot is, in fact, a legal building lot. Thank you very much. Sincerely, ilk HELEN J. ROSENBLUM HJR:jos Enclosure cc : Town of Southold Board of Trustees - via fax 765-1366 Ann Rozakis Debra Victoroff I'� 1/11P IMP \ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 11, 2003 AMENDED: August 25, 2003 AMENDED: August 26, 2003 AMENDED: September 15, 2003 AMENDED: October 16, 2003 AMENDED: April 8, 2004 AMENDED: April 20, 2004 TO: Jim Fitzgerald A/C Victoroff ''jj POBox617 v 1 'T05_ , Cutcho ueNY 11935 (, g �p s Please take notice that your application dated April 8, 2004 `" ` � APR 2 2 2004 For permit to construct a new single family dwelling at it &Cr- Location of property: 445 Dogwood Lane, Southold,NY ZONING BOARD OF APPEALS County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244,which states that non-conforming lots, measuring less than 20,000 square feet in total size,require a minimum front yard setback of 35 feet and a rear yard setback of 35 feet. Following the proposed construction, the single-family dwelling will have a front yard setback of+1- 10 feet and a rear yard setback of 32 feet. Total lot coverage will be+1- 13 percent. This Notice of Disapproval was amended on August 25, 2003, to correct lot size and coverage calculations, on September 15, 2003,when the applicant reduced the scope of the project to address lot coverage, on October 16, 2003, to correct errors, on April 8, 2004, following changes made by the applicant, and on April 20, 2004 to add an omission. 41111. 74Frorized .is,ature` Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. � - 2(9 ); (J 4 Z6 } 9/,2./ ,P// f �_ �. p , FORM NO. 3 • I ' r,' i 7/ -crtiaw""1 NOTICE OF DISAPPROVAL DATE: February 11, 2003 AMENDED: August 25, 2003 AMENDED: August 26, 2003 AMENDED: September 15, 2003 AMENDED: October 16, 2003 AMENDED: Apri1E89, 2004 n( TO: Jim Fitzgerald A/C Victoroff �,�p`� 1" E PO Box 617 SII Cutchogue, NY 11935 Please take notice that your application dated April 8, 2004 � � jl For permit to construct a new single family dwelling at APR 2004 Location of property: 445 Dogwood Lane, Southold,NY zoNINc RoAR, ®F County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244, which states that non-conforming lots, measuring less than 20,000 square feet in total size,require a minimum front yard setback of 35 feet. Following the proposed construction, the single family dwelling will have a front yard setback of+/- 10 feet and a rear yard setback of 32 feet. Total lot coverage will be+/- 13 percent. This Notice of Disapproval was amended on August 25, 2003, to correct lot size and coverage calculations, on September 15, 2003, when the applicant reduced the scope of the project to address lot coverage, on October 16, 2003,to correct errors and on April 8, 2004,following changes-nade by the applicant. Author ecl'Sign Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. s � FORM NO. 3 l� a-fib ?j ' NOTICE OF DISAPPROVAL KIN DATE: February 11, 2003 AMENDED: August 25, 2003 AMENDED: August 26, 2003 AMENDED: September 15, 2003 AMENDED: October 16, 2003 1°14 LI' TO: Jim Fitzgerald A/C Victoroff �, p PO Box 617 Cutchogue,NY 11935 Please take notice that your application dated February 11, 2003 OCT 1 7 2003 For permit to construct a single family dwelling at Location of property: 445 Dogwood Lane, Southold,NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244, which states,which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet, a minimum rear yard setback of 35 feet. Following the proposed construction, the new single-family dwelling will have a front yard setback of 27 feet and a rear yard setback of 24 feet. Total lot coverage, based on the updated proposed survey, will be 19.76 percent. This Notice of Disapproval was amended on August 25, 2003, to correct lot size and lot coverage calculate u salu..e•tember 15 - i hen the a i I licant reduced the scope of the project to add , s lot cover. 'e on 0 ober 2003 to correct errors. o: . S gnatur Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL REQS : DATE: February 11, 2003 11— SSEP 1-5 2003 ' AMENDED: August 25, 2003 AMENDED: August 26, 2003 J? `3S` rn AMENDED: September 15, 2003 TO: Jim Fitzgerald A/C Victoroff Lamm o� e�F PPE g �:, PO Box 617 /9--" (� Cutchogue,NY 11935 /0//6/ 4 Please take notice that your application dated February 11, 2003 For permit to construct a single family dwelling at Location of property: 445 Dogwood Lane, Southold,NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244,which states,which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet, a minimum rear yard setback of 35 feet. Following the proposed construction, the new single-family dwelling will have a front yard setback of 20 feet and a rear yard setback of 18 feet. Total lot coverage, based on the updated proposed survey,will be 19.76 percent. This Notice of Disapproval was amended on August 25, 2003,to correct lot size and lot coverage calculatis i and a n September 15, 2003,when the applicant reduced the scope of the project to add . s lot cover I ge. i Authori ,.krSignatu - Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ----4:x7- 1 / I ddli Wt`r_ i.-/I.'4 5� r5r !b, *Wen e, u, s-Lild 4t i ` °`€i' FORM NO. 3 4 AUG 2 7 ,2003 a,, " �'�� '� NOTICE OF DISAPPROVAL a;a `�6� Z� ! n , - _�` DATE: February 11, 2003 /� 4 AMENDED: August 25, 2003 5-33 V AMENDED: August 26, 2003 C4/�/�3/3 TO: Jim Fitzgerald A/C Victoroff �,P,l PO Box 617 Cutchogue,NY 11935 "117/6P Please take notice that your application dated February 11, 2003 For permit to construct a single family dwelling at I Location of property: 445 Dogwood Lane, Southold, NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,948 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244,which states, which states that non-conforming lots,measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet, a minimum rear yard setback of 35 feet, and a maximum lot coverage 20 percent. Following the proposed construction, the new single-family dwelling will have a front yard setback of 20 feet and a rear yard setback of 18 feet and a total lot coverage of+/- 23. This Not' ° of Di'ass royal was amended on Au'ust 25 2003 to correct lot size and lot coverage calcu ,'ions. AV Alk i f ��u orize. Signa - Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file,Z.B.A. i D, -72a FORM NO. 3 FE8 : 2 NOTICE OF DISAPPROVAL DATE: February 11, 2003 TO: Jim Fitzgerald A/C Victoroff t% • PO Box 617 / 2-1v-xjfip 61A44 Cutchogue,NY 11935 Please take notice that your application dated February 10, 2003 For permit to construct a single family dwelling at Location of property: 445 Dogwood Lane, Southold, NY County Tax Map No. 1000 - Section 54 Block 5 Lot 29.1 & 55 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 13,068 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-244, which states that on parcels measuring less than 20,000 square feet in total size, a minimum front yard setback of 35 feet is required, a minimum rear yard setback of 35 feet is required. Following the proposed construction, the new single-family dwelling will have a front yard setback of 20 feet and a rear yard setback of 18 feet. Although the property surveyed shows up as two separate tax parcels on the Suffolk County Tax Map and the owners receive two separate tax bills, the applicant has provided documentation that will "officially"merge the two parcels. Total lot coverage, following the proposed construction,will be+/- 11 percent. A Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. nJ r L �� APPEALS BOARD MEMBERS Southold Town Hall • Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora • Southold, NY 11971-0959 . Vincent Orlando Tel. (631)765-1809 James Dinizio, Jr. Fax 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD REPLY FORM DATE: D TO: 4., - . °Z-Y 73 ' 7 lP ZBA File# (3.73;3171 - 00. Date of Building Inspector Notice of Disapproval: /O—/(p —©3 ( krThe application is incomplete for the reasons noted below. Please furnish seven (7) sets of the followi ig: V2 _ -L"Af ( please furnish seven (7) sets of the following (within about 7 days if possible-In order that the application can be advertised for the public hearing calendar date of:- 6 ). The advertising deadline is 22 days before the meeting date. You may forwar the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ) Missing information— OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): ( ) Filing fee$ ; Check amount was: $ . Please contact our office(or send new check). (Available survey showing existing" roperty/building details,with licens d surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas,setbacks to property lines,and building lot coverage calculations. ( ) Rough diagram or sketch with building height(#of stories and distance from ground to top/ridge detail(and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments,or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( ) #.4) -!� uY•cr/.�, f���' C /rn'zz 4 4727 Thank you. Sent by:PROPER T SERVICES Jun-18-03 03:46Pm from 6317347463*6317655064 page 3 June 10, 2003 DEBRA VICTOROFF: ADJACENT PR PE LTY OWNERS NOTICE NOT SENT PROPERTY OVWNER) 1000-54.5-55&29.1 Debra Victoroff 610 W 110th Street, Apt 101) New York,NY 10025 NOTICE SENT 1000-54-5-18 John Kirincic&wf PO Box 1844 Southold,NY 11971 1000.54-5.20 Paul&Deborah Belica 129 Kilburn Road Garden City,NY 11530 1000445.28.1 Blaine&Dimitrios Kelempelidis, Trustees 690 Washington Street,Apt 1-A • New York,NY 10014 • 1000-54-5.56.1 Thomas Rozakis&wf 67-43 Cooper Avenue Glendale,NY 11385 1000-548-1 Daniel Regan&wf 1860 N. 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TAX MAP (7 COPIES + 1) CTM # _ ,_ INDEX CARD (ATTACH OLD) TOWN ;m LIST ALPHA BOOK COPY PRIORS V SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION , lAivet) ( L e&Fa_b Ls- do St-J-4/4,ra- � e . 4 • _ GUca o,lx e ;&� c t .D<o,r-h iv, items .1_ fi 7/a2 9/a 3 j - /- 7 s -54A(`7) 4nrionsi i %v Tc. 3/ls- D P Fi 9,,,,,„, 1 v, ,2_,c)3 it.ston °A'i'''''"/ D 3 tiL' 1Y it noi �3� ss� ,. -14.Y. LYCc1CLL �%'^. 74 /d,A rPooi—Le c.- 4-ILD.—^4 ���� 3 A J L-NoaddIP) )PI') �7,.-21, m m (9�� � 5;qe -row, es aar : 3) P ti• l(P J-L. .1 3 Zo 3 kak'rr 9'', 4t /pry," �1�d . L a ooh \ ro�pk� I f'1 5)PP _--�.0 A7� ! �0 o }-rarfacmpf N4.de) il ,o) t 01/0/L,Ljg e2.2, c26 0 1(1.1) y124--'"-°-"1'2"- 6 rw `�r3�.9,,� J ,, 7� .1nay 2.0/ ado f ,.. C . ") � i A- „,f--/ ),,,,,, dd c)..60Y ” s� ( . 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" i, :",',,,'1'W r ''l ''',;'-;,1 t A i�4yr",. E,4i q-1rur r 4 h,"'':(?;, , . . \/- 1 \V4\/1j40 • APPEALS BOARD MEMBERS _ Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. Fax 765-9064 http://southoldtown.northfork.net • BOARD OF APPEALS TOWN OF SOUTHOLD REPLY FORM DATE: — D TO: .� - s_ ,tom / ., ��._, , - . w7? 4/,, ZBA File# <373�17C - 0 1/c 4 Date of Building Inspector Notice of Disapproval: /0—/(p —LI 3 ( f/(The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the followig: ,`/.L2.-,/I ( Please furnish seven (7) sets of the following (within about 7 days if possible'in order that the application can be advertised for the public hearing calendar date of :-- ' ' ''o .2_66 ). The advertising deadline is 22 days before the meeting date. You may forwar•'the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ) Missing information— OTHER/INFORMATION REQUESTED,when possible(7 sets with cover/transmittal sheet): 1 ( ) Filing fee$ ; Check amount was: $ . Please contact our office(or send new check). 1-g-call:LI:I j Available survey showing existing roperty/building de ails,with licens d surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new 0 .0N...) construction areas,setbacks to property lines, and building lot coverage calculations. ti ( ) Rough diagram or sketch with building height(#of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( ) 46a4 - 1� d� f�-63 Thank you. Sent by:PROPER T SERVICES Jun--'.803 03:47pm from 63173474633631765904 Page 5 SE:NpER-- ,LLT THIS'SFCTIQN � e Gompl- . s 1..2,and 3.,41so complete A. signature J, item 4 If Hestrlcted Delivery is desired. ❑Agent III Print your name and eddrese on the reverse X `- dro5aa6 eo that we Can return the curd tO yOU. B.Received by S!`1 i,C.Date of Delivery ■ Attach tela card to the back of the m8110000, or 06 the trent If space permits. - R.le dsliV addle e oi(terent Weill! 1 0 Yea t. Article Addrssaed to. If YES enter delivery addrose below, 0 No . Daniel Regan & w± JUN 1 4 2003 1860 N. Bayview Rd / . Southold NY 11971 - . 3 Beate Type • WCertified Mail 0 Express Mall 0 Registered 0 MUM Receipt for Mbrohendise 0 Insured Mai 0 C.O.D. — 4. Restnoted Delivery?(F-xtm Fes) f3 Yes 2. Article Number 0860 0003 8914 6 91 ITretiefte tram armee label) 7002 PS Farm 3811,August 2001 Dornesso Return Receipt 1oas91-0$M4540 S:ENI ER C 41,Pil,1LlHiS SEC7=10N s ,,CniPIrTE,Thi ,Fir1mN ciN Det1.4Eror , o Complete items 1,2,and 3.Also complete item 4 It Restricted Delivery is - •desired. , 4. e• ID M • Print your name and address on the reverse A Addressee so that we can return the card to you. B.Received by(P -. C. Cate of Delivery el Attach this cora to the baGit of the ntailpieCe, or on the front if space permits. . o.Is detiveryadd en from Item 1, 0 res 1. Article Addressed to: tt YEs.inteeeleli eldres:;.belbw: 0 No Thomas ,Rozakis & wf tl, 67-43 Cooper Ave V. g , Glendale NY 11385 ti . - 3. SoMeo Type K eortified Mad 0 Express Mail M Reentered 0 Return Receipt for Meech tr iso 0 Insured Mal CI C.O.D, _ l 4. Restricted Delivery?(petro Feel 0 Yes -- 2. Article Number (Transfer from service MeV) 7002 0860 0003 8914 628.4 Pa Form 3811,August 2001 Domestic Return Receipt • 14a595447wM•1540 SENDER.-'GDAIPLETE THIS SECTION 0611-'1:erE Tti1; '(5Ttt)A.,OiJJ L 7ERY , ® Complete items 1,2,and 3.Also Complete A See. : re 1 item 4 if Restricted Delivery Is desired. �1 .� .. r 'enr sr Print your name and address on the reverse X/L` I�..1Y ©Addressee so that we Can return the card to you. awed 6y f 1'rrnlect Nemo) C.D iv ■ Attach this card to the back of the mailpiece, n,,' • 6 9D- or on the front If epaey permits. Y D-41 D. a 0.Is delivery a as deferent frotn kern 1? M'res 1. Adria Addressed to: If YES.enter delivery address below: 0 No Alice Seifert C . 360 Dogwood. Lane Southold. NY 11971 3. Service Type Certified Mail 0 Express Mail . 7�*Reg;ntered 0 Return Receipt for Merchandise 0 insured Mail 0 CAD. 4 Restricted Delivery?(E5 tra Fee) 0 Yes 2- Artiplo Number - a-rensterfrom service tabs!) 7002 0860 0003 8914 6707 FS Form 3811,August ZQC I Domestic Return Receipt te259s-I2 M-1540 Sent by:PROPERt'T SERVICES _ Jun -93 93:53Pri from 6317347463+6317659964 ,page 1/ 1 ,u,..5'.,PO0tidl. CrYICC ' .•' m -.� s iervrt;r• _ ." (� •GE TtIVILo'MAIL RECEII r' - t,a N C>=R7IFIED,`M t(FIPT •� �. ru- (Uomeslrc 111 it t� h cuattnc C t bi Prflt e Pro✓t' rtJ (C:.0m., r(.0 Mai)Oply:'Na rnNurartcc c.,bt.e..Ve Pry uic0). t - l , aua) .a r 0.37 10174.,10: 0935 rn 0.37 0111 ID: 0935 m Postage $ �°(,1�IOU+; p Pcrtege E CZ° CtxtHi.d Fe. Z•30 ��f ��� Gerefled Fie 2.30 •°ti� © 1 ',7:„...,,,N. C t9eWt11Reeetatlee 1.751 , +, idt7. , A, , �i lEftOofi.MlRl RegtlY9� - C,:eli':.0( co R131tkted cel�ws,fee Clerk:,RKZ�} Go ReetrIcted Delivery Fee t'� '•rl; i. 0 (Er dente:nen:Requited) r, �� ... I=1 (�Ildatelnarlt Rerrillte� 4.42 46/10/9, FToal Pttga►FeU •,.14,,,:„.1.. ,.<:..=,r.tmPea�iteer ,,pt• ru ® Q sire K', Pent• ,& Deborak,Self oa . ..._...�... N ...................... wf ._......•..••W o$a4 MKilburn Rd ,..... _._._... Kra°'B °'Bax 1844 - _.. ... 1Y...NM..M.MM. MMQ..MM.. ...•➢.. .p.... City R -1-- `- ••` -- .0.4.Y _.•.� ,1.67;3 ta, ,den City Ny`..11550 ICY 11971 Pg"F•rra Jiiii0,-Aprrl 200Y. '_ ,r,„Sic.Faw.!csr;kr Inc,n;u4tio'rPS Form 3500„Apel 2002 See^Rover t.:.r,r tr,:truotlpn;; .2. • U ,.P, styl ;[;rvlrr _,, U.S.PUstal Servlet .3 CERTIFIED MAIL RECEIPTN CERTIFIED MAIL RECEIPT fli ' (Dante rrt Marl Only;No In ui;n4 1';vriirue Prawded) MI (Dorne5ric'.LT3AI Only No rinsiinince Coverage Provided) • • ell r RI iN 1 A L. a 4 1 U erirn 1 $ 0.37 (WET ID. 0935 m Poetess ; 0.37 UNIT IDI: 00 -�.� CI F•�L'}vUr;. O Certified Fee 2.30 ��15 E/v} I� Cernned Fee 2.30 c'/ —"`-�1 ci ste:ure Receipt FeeIIIIIMM r,. faee"rl ,• RAM Reee*e Fen 1.75 „),'Yi4poonw re y co Fl �iR gel*: NKZRI?F t7' 1=1 (EndotcementReSie d rk: NKZR .,,Heret Restricted Denver/Fee ti �t 4.42 ''I'"C 10/aQ 2(/p� of �'i �f�r` ru g $ 4•4x h�4043...,., S p 7olef Postage d rem $ \ `t,' TcWI Pada •tL[fit -_ — \ _:),P r 0 -etre o t - r`' Tromars RoKakis wr 7 a 1 airie & Dimitrios Kelempelidis Flair,Zincr"114. 4. 67-43 Cooper Ave c6 "{ A,shin ton St,.•4.0 1-A i 4-47ilP 4 1end.al 11'Y 11385 W._. IftrYtrlic NY 1401 .. .............. PS Form.2500,April 2000 .. -'.3Fc fiesEr;ii'Inr Ir irtrclions.” P.%Rom;3f100.A.1)1'0'20[12 .` rg Rtpj€ry r[r In.oIrtlrliont.;•' Us,hoSlaf Sorvtre . ti CERTIFIED MAIL RECEIPT u S.rntil,i sl:rvlcrI .. t' r-g CERTIFIED'.MAIL RECEIPT • -� rt'i (Domestic Mail Orily No IhSypy)!CC coveY4Ue pal,. i vjo.-c IZI (OOniastir Mail Only. No lnsur.nc6 Lo ci icle Provithd), rS 0• & • 71 S E m Ewi IA. 1 r✓ f,.`,;QE) E i en Palen*CI a 0.37 um? D;a 0915 m p to. s a37 • ...r 1�)1.-c.t6 d CI aenrited�. x.30 ;; '1 . Ca c.nu1.a F.. 2.30 t 2 ,rU� r-, Return Recces I 1.1t- • i ',,. L - ▪ e 1�e�dDeir�yFee l giOrkfiX.t's;► .' .moo (Endorsement w CIa ' KKZR rdtss ��c+. 1 I&Idaaerll.ttt Mega red co Restricted aeeitey Fee �°sip s El Iv4 n llroetap.a Five $ t• O/D3 lE>ts1 Peeteire&Foe 011111M 06/14203 r` Alice Seifert im •••nt Daniel. Regan & wf arpaeratrrrra 354 Dogwood,•.Lane4B"rNa.; 1860 N. Davie`�r Rd car aral�aw - — - ..................... Southold NY 11971 °"3-411 �-r4SoutholdYVy 11971 Pw Form 3g(jO,April�4{l1 • -Set REtywr,e tni•Instructinns ' PS Farm 300,,!grit 2002 ,,Sec Rover a•for Instructions., Sent by:PROPER T SERVICES Ju -03 03:46am from 63173474636317659064 rage 1 4110 -ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEW YORK In the Matter of the Application of DEBRA VICTOROFF Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM#1000-54-5-29,1 55 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MA1LINC.j OF NOTICE, L James E.Fitzgerald, Jr.,residing at 385 Ilaywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say- That on the 10th day of June, 2003, l personally mailed at the Utiited States Post Office in Cutchogue,New York 11935, by CERTIFIED MAIL,RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, fbr every property which abuts and is across a public or private street,or vehicular right-of-way of record, surrounding the applicant's property. • Dated: June I1, 2003 (14 Yes E.Fitzgerald {R. r Sworn to before me this 11`a' day of June, 2003 4 ` Nota ublic w g ELIZABETH H.BIIRNB P' ••' gw Yo* � k,Stale few not di80@a947' nI`gy Na,of 80xia,Moil can, Tee s T corn c Navaho,8,20 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of DEBRA VICTOROFF Regarding Posting of Sign upon Applicant's Land Identified as SCTM#1000-54-5-29.1 & 55 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 10th day of June, 2003, I personally placed the Town's official Poster,with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten(10) feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, June 19, 2003. Dated: June 19, 2003 J. es . Fitzgeral., r. • Sworn to before me this 19th day of June, 2003. Notary Public LYNDA M.BOHN NOTARY PUBLIC,State of New York No.01806020932 Qualified in Suffolk Cou Term Expires March 8,20.] Sent by:PROPER T SERVICES Ju :-03 03:48Pm from 63173474631.6317659064 aa9e 6 SENDER:C.-OK rniS etc �ry", •' LOIWPLETE THIS SECT! 4ELt'CRY • R Complete items 1,2,and 3.Also complete A. Sign- -. / item 4 it Restricted Delivery is desired. f u ent is Print your name and address on the reverse X v so that we can return the card to you. , (• .• .:.:of• We. ■ Attach this card to the back of the rnarlpieoe, or an the front if space permits. - D Is defvery address different frurn item 1? i = 1. ialeAddressed If YES,enter delivery address below: • No Paul & Deborah Belica 129 Kilburn Rd Garden City NY 11530 • 3. SANrr:e Type certified Mail t S4reeea Mall Q Registered 0 Return Recelpt for Merchandise ❑Insured Mail ❑C.O.D. 4. Raatrictad DelWerya gibe Fee) ❑sale 2 Article Number m.. (Transfer from sevIcetaber) 7C°2-216-1/-110.5__819.124_62-6.Q.-- PS 0020860110.;1 819146260PS Form 3811,August 2001 Domestic Return Receipt 102595-02-N-1540 SENDER::coMPLTTE THIS SECTION r ,'CDMPL JC'ThIS SECTION 0Nt DEI,HIERY, ■ Complete items 1,2,and 3.Also complete Si nature Item 4 if Restricted Delivery is desired. ..43 Agent ■ Print your name and address on the reverse X 4,44c-❑Addressee so that we can return the card to you- R.Received by(Panted Name) C. •= - Oe6very ■ Attach this card to the book of the mfiilplece. r 'l 6 or on the front if space permits, - 0.Is delivery address different from item 1 • Yes 1. Article Aaaressed to: If YES,enter delivery address below: ❑No John Kirinoic & wf PO Box 1844 • Southold NY 11971 a S ice Type pCurti5red Mail 0 Evpmss Mall 0 Registered 0 Return Receipt for Merchandise 0 insured Mail 0 0.O,D. 4. Pestrioted Delivery')(airs Fee) Q yea 2. Article sNumber 7002 0860 0003 8914. 6253 {Tr®tufer fer from san4ce label) PS Form 3811,Auguiit 2001 Domestic Return Receipt 102595-02 111.154D U.S.Postal Sery e p CERTIFIED MAIL RECEIPT m (Domestic Mail Only;No Insurance Coverage • • ..o rl r.' o-. SOUTHDLO. N!Y X 719 ;i !-, :; } -; co 0.37 •UNIT ID; 0935 m Postage $CI Y 0 Certified Fee 2.30 ��0� 'r9ci m Return Receipt Fee 1.75 it Postm- • •(Endorsement Required) 1� Ytc u K m 4\ �'�o . . co Restricted Delivery Fee (� p (Endorsement Required) 4.42 N f.- 10/03 ru Total Postage&Fees CI �dJSPs Cl Sent To lti Alice Seifert Street,Apt.No.; or PO Box No. 360 Dogwood bane City,State,ZIP+4S outhold NY 1 1971 PS Form 3800,A•ril 2002 See Rev-rse for li rlis U.S.Postal Service : - CERTIFIED MAIL RECEIPT (Domestic Mail.Only; No Insurance Coverage P -d I Er ti-'SOIJTHOLDa NY' 11971 i` `', '1-_ ..--2:-ry,_ ;'' i,�' m Postage $ 0.37 U '7.-75935 Y jW CI Cr=iertified Fee 2.30 (:)) ✓(j1i1 cn1.75 P4t"4',3 coo Return Receipt Fes gere co D (Endorsement Required) CerWNW4i <I Restricted Delivery Fee Z/ p (Endorsement Required) SP$ Total Postage&Fees $ 4.42 06/10/ ru o Q Sent To N Daniel Regan & wf Street,Apt.No.; or PO Box No. 1860 N. Bayview Rd City,State,ZIP+4s outhold NY 1 1971 PS Form 3800,A•ril 2002 S-- :- - - . r 4-gm; U.S.Postal Serwpp ' CERTIrIED NAIL RECEIPT . .' ru '(Domestic Mal"On4yr No Insurance Cpverage. sz1: 'a r-\N r =, z ;1 "( c r Q' '-\N NY 113851 ;NI i ' m 0.37 UNIT ID: 0935 m Postage $ 0 Certified Fee 2.30 ,oGUE En /„y Return Receipt Fee 1.75 7c)se Postm 70 (Endorsement Required) -r�ere W -° 2r •: KKZROF v' c0 Restricted Delivery Fee J erthlfk ]O 9on3 im (Endorsement Required) G !fCO ru Total Postage&Fees co 4.42 \ 10 /03 O Sent To PSS I` Thomas Rozakis & wf Street,Apt.No.; or PO Box No. 67-43 Cooper Ave City State,ZIP+4 Glendale NY 11385 mz.yr,rraErErmmmmgmuirirrgtri.. U.S.'Postal'Service • - — rr`,.. CERTIFIED MAIL RECEIPT RJ (Domestic Mail Only; No Insurance Coverage.P ed = 0 . u 0NEIdl YORK NYII 10014 A L USE m Postage $ 0.37 UNIT ID: 0935 M ,c,\pGUE OO Certified Fee 2.30 �G �1— Return Receipt Fee J Postmark 7 o a 1.75 V ✓� �e 9 (Endorsement Required) C er,: K Z F2 cn tJ Restricted Delivery Fee ��} C <p p (Endorsement Required) �u Co ru Total Postage&Fees $ 4.42 06/14\�.� / O O t To. '- r� aaine & Dimitrios Kelempelidis Street,Apt.No.; cEcVashington St, Apt 1-A Ttwtafgk NY 10014 PS Form 3800'April 2002 t . See Reverse for Instrucfruit: U.S.Postal Service CERTIFIED MAIL RECEIPT f J (Domestic Mail Only;No Insurance Coverage l 7ded .11 - co Er G RDEN CITY NY'' 11530 =-' L c)) l-a 0.37 UNIT ID: 0935 mQ Postage $ ,/CyCt7�(o'O,. 0 Certified Fee 2•30 ©, 4� 1.75! 1 tG*, Pos ark CI Return Receipt Fee ^ / (Endorsement Required) i ..n C1erg:4KZ t co Restricted Delivery Fee \ (, I= (Endorsement Required) \t l<� ' J� c� i-u Total Postage&Fees 4 42 Shy 1`�3�O�! m Sent To N Paul & Deborak Belica Street,Apt.No.' or PO Boli]ff Kilburn Rd crty,State-cia$den City NY 11530 • orm 3800, ••n I I 911MMUMMWMMMtrea. I. . •osta — m CERTIFIED MAIL RECEIPT u-I ru (Domestic Mail Only; No Insurance Coverage PQ e. u 0.37 UNIT ID: 0935 m Postage $ �IOG Certified Fee �.30 � rk Return Receipt Fee 1.75 j A�/ Posttr� 11 (Endorsement Required) 111 (f/ drlerak 1 Clerk. KKZR cO Restricted Delivery Fee �? rJ p (Endorsement Required) 4.42 \(-- 6/10/03V Cry Total Postage&Fees ©3' ILJ N sentJohn Kirincic & wf�' Street, No or POB o.A.$ 1844 City,ST614 01 d NY 119 71 PS Form 3800,A•ril 2002 See Reverse for Ins c Ir9e1z y4 19141: oI/. -Ni1CeLf / JIPLETE THIS SECTION ON DELIVERY / • Complete items 1,2,and 3 Also complete •. Sig ure item 4 if Restricted Delivery is desired X gent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. ceived by(Printed Name) C. D feb,e)2) • Attach this card to the back of the mailpiece, t /or on the front if space permits. 41' b�v �/ D. Is delivery add ss different from item 1?• 0 Yes 1. Article Addressed to: If YES,enter delivery address below' 0 No Alice Seifert 360 Dogwood Lane Southold NY 11971 3. Service Type Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C O.D 4. Restricted Delivery?(Extra Fee) El Yes • 2 ArticleaNumber (Transfer fer from service label) 7002 0860 0003 8 914 6307 PS Form 3811,August 2001' Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE . 1 011 1 First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • • PROPER-T PERMIT SERVICES Post Office Box 617 (7414:Raogae,NY 11935-0617 • i,::ii,111,i„ =iJ„ifi,ii.11.„„1ii,t,i,,,.1ii„riiTi„i lI ailfreeusalar:Ilil»*r41r:161:1401e•� ■ Complete items 1,2,and 3.Also complete . Signature item 4 if Restricted Delivery is desired. 0 Agent is Print your name and address on the reverse X �( ��-8718dressee so that we can return the card to you. B Received by 6e i am C Date of Delivery ■ Attach this card to the back of the mailpiece, ¢ � � or on the front if space permits. . D Is deliv ry address different fror 'item 10 0 Yes 1. Article Addressed to• If YES enter delivery address below ❑ No Daniel Regan & wf JUN 1 4 2003 1860 N. Bayview Rd Southold NY 11971 `t\ .t` 3. Service Type Nif Certified Mail 0 Express Mail El Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑ C.O D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) +i t ! } 71002 ?0860 0003, 891416291, t III11 IT Ti 11 1 it I ITIli Iit � i . IS ii II PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE S 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 • PROPER-T PERNlT T SERVICES Post Office Box 617 Cutchogae,NY 110S5-0617 ■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired _ 1❑Agent ■ Print your name and address on the reverse `' i Addressee so that we can return the card to you. B. Received by(Pn-ed N- C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. • D. Is deliver}/add ess d'fnfferei f om item 1? 1:1 Yes 1. Article Addressed to. If YES, `nter delivr,�]addres bydw• El No Thomas Rozakis & wf �, t\ icl 67-43 Cooper Ave !1:-'I Glendale NY 11385 1 Itf n G�� 3. Service Type Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) • .7002 .0860. 0003 . 8914 6284 PS Form'3811,August 2001 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 4111 1 0 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 • PROPER-T PERMIT SERVICES Post Office Box 617 Cutc°.hogue,NY 11935-0617 i::,ii,:,lll,i,,,:li:,l:ldi,,:,ll,,,,,ili,::i,,,lli,,,li,i,:i y ►II] Clreivitaimmitab .-m-yi'tic ETE THIS SECTION ON DELIVER • Complete items 1,2,and 3.Also complete -,ignature item 4 if Restricted Delivery is desired. X2111WOJiiiit Agent • Print your name and address on the reverse C�.�-L-❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. P:te o'Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. �� fef N rP / 03 D. Is delivery address different from item 1 • Yes 1. Article Addressed to. If YES,enter delivery address below: 0 No John Kirincic & wf PO Box 1844 Southold NY 11971 3 Service Type Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O D 4 Restricted Delivery?(Extra Fee) ❑Yes 2. 'Article Number (Transfer from service label) 7002 0860 0003 8914 6253 PS Form 3811,August 2001 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 • PROPER-P PERMIT SERVICES Post Office Box 617 Cutchogue,NY 11935-0617 I1!UI1,11111111,„1I,11111II1U,I1111111111f/IIII IIIIIII1111111 �14►1.14:i1M7141914114i,11:vig illgi- CO( E.THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete +/ item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ! 'ddre see so that we can return the card to you. d y(Pr'(ed N e) liF.of)•liveNIAttach this card to the back of the mailpiece, or on the front if space permits. D Is delivery address different from item 1? ■ es 1 Article Addressed to If YES,enter delivery address below. ■ No Paul & Deborah Belica - 129 Kilburn Rd Garden City NY 11530 3 Service Type Certified Mail El Express Mail El Registered 0 Return Receipt for Merchandise El Insured Mail 0 C.O D. 4 Restricted Delivery?(Extra Fee) ❑Yes 2 Article Number (Transfer from service label) 7002 08660 0003 8914 6260 PS Form 3811,August 2001 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 • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue,NY 11935-0617 j f:f y j j ,= � j:) j : j! ! 11!lii:Hili!i:l11111!1!il11:ll:iil11111lililil!:li 111iiii!ii pr l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of DEBRA VICTOROFF Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM#1000-54-5-29.1 & 55 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,New York 11935, being duly sworn, depose and say: That on the 10th day of June, 2003, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on - the current assessment roll verified from the official records on file with the Assessors, for every'` property which abuts and is across a public or private street, or vehicular right-of-way of record, , surrounding the applicant's property. Dated: June 11, 2003 CI Ja es E. Fitzgerald, . Sworn to before me this l la' day of June, 2003 (411,0 Notary ublic 4 W.RU S ELIZABETH H.BURNS NoicrY Publi . ' .aw York Notary Public,State of New York NO.01806032. 'aunt No.01808032747,Wolk County Tenn Eot os N • ��,Lw Tenn Expires November 8,20 SZ cult is OP • al June 10, 2003 DEBRA VICTOROFF: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-54-5-55 &29.1 Debra Victoroff 610 W. 110th Street, Apt 10D New York, NY 10025 NOTICE SENT 1000-54-5-18 John Kirincic&wf PO Box 1844 Southold, NY 11971 1000-54-5-20 Paul&Deborah Belica 129 Kilburn Road Garden City,NY 11530 1000-54-5-28.1 Elaine&Dimitrios Kelempelidis, Trustees 690 Washington Street, Apt 1-A New York,NY 10014 1000-54-5-56.1 Thomas Rozakis&wf 67-43 Cooper Avenue Glendale, NY 11385 1000-54-8-1 Daniel Regan&wf 1860 N. Bayview Road Southold, NY 11971 1000-54-8-2 Alice Seifert 360 Dogwood Lane Southold, NY 11971 • P�4(0. - o4FERTIFIED TO: _ , SURVEY OF• - 4 4� 4., z•MN. Ce/ WASHINGTON MUTUAL BANK, F.A. DESCRIBED PROPERTY 4O #44 rhbp O 4 IP COMMONWEALTH LAND TITLE INSURANCE COMPANY ��' FSS p' iO� TITLE NUMBER RH80020461 QJ 1 04)6k/_ DEBRA VICTOROFF SITUATE AT G oy�o�00+ems s62�j �'�'N�oF,pA�F,p �;,� - SOUTHOLD TOWN OF SOUTHOLD I 4 V 87��Cp �� `s�F /s �cr SUFFOLK COUNTY, NEW YORK ir; 0 Q (CY / / " • % Q SCALE: 1n=30' DATE: MARCH 25, 2002 '\'` VACANT A 'S O 4- 74314,7141lqC'�y S C T.M. t7/ST. 1000 SEC.054 BLK.05LOTS 29.1, 55 ? & % *,meqEA.SEMEN75 AND/OR SUBSURFACE SIRUMURES RECOROW OR UNRECORDED ARE NOT 4P C G p• -?aO PROPOSED LL 2��O GIIAfUNIEEa MEW PHYSICALLY ENDENf ON THE PREM AT nfE TINE OF 7NE t-� •rN• •Y• i i -OM SURVEY. \G ��`v�G / Ao• s� SANITARY S. GUARANTEES INDJGI7ED HEREON SNNLL RUN ONLY 70 7115 PERSOON(S)FOR WHOM THE ��/ O / 84.5 '4' °E'4- 3 s , EXCEPT • SHOWN. ELEVATIONS ARE IN ASSUMED DATUM. A�cEN IS PREPARED,a�vs ANDu�smuRaNs LIMED H ON HIS BEHALF 7D THE TAmNo;DOE iNNE,im EEs"GOVERNMENTAL QJ �� 3• (� NO SURFACE WATER EV/DENT WITHIN 300 FEET. £010/NO IN57T I17LW OWRANTEES AaE Nor TRwsFEE4SLE ro ADDmONAL INsnRTnoNs P + 1l a ADJACENT DWELLINGS SERVED BY PUBLIC WATER. OR SUBSEQUENT O MME OFFSETS(OR DIMENSOONS)SHOWN HEREON FROM THE 444. 'S SIRUCIURES 70 PIE PROPERTY LINES ARE FOR A SPE[YFNC PURPOSE AND USE AND 4\ AS$.) B'55. �� (,�h `� E' `5 '' c1AREA: 8,948 SF. = 0.205 AC. THEREFORE ARE NOT INTENDED ro GUIDE THE ERECTION OF FENCES RETAINING WAIS`V . O "� ;?: , s. O�j �. POOL, PAAOS PL:NTING AREASi,ADWTONS 70 BUQDRP ANM ANY OTTER �,• Qs Q +V:. 1 A l ` y CONSIRUMIOUNNUTHOR®N AL7cR 710N OR ADOTION 70 THIS SURVEY LS A NOLAIION OF SECTION S Q7209 OF TATE NEW YORK STATE EDUCA710N TAW. COPIES OF TFTs SURVEY APAP NOT 0�� `It •` ,0�1•/11 1 Q�(�. �� 7 _474,4-4 \ e�4, / NOBEARING THE LANG SURVEYORS SIGLID COPY. AND RED DiOI OR EMBOSSED SEAL SNLV1 t`1 /`(V/, NOT BE CONSIDERED A TRUE YAUD COPY X��. r JOB NO. , 3745 - .•h`��r \ / 431 . / ��. / e REVISIONS: k, . 8�7 Q� ( 0X•1*r� ^ 7 ;; / CZI `` REV. 08/25/2002 /r\-� 9� REV. 08/27/2002 002 cf 1 4 s 6\` V / ?. `� ,:';''''''10.°.:16.7,4'.g,,,•;.0- 6 : ?¢>S ��/y•wry 6 A,..., /, _ {. *� . o Q PROVIDE• �v tNi r�/ / SAN - 4,4.N04978 , � (5) B'I X 2' DEEP ✓O J .() LEACHING POOLS. Off,,,,. Np �6+ 85.4 ,� !�' Ill -�LAND SV,i�� 'EPAC TAN000 GK.GALLON ec/Nc QFC p p 1�, „,� 0 0 I - �i,o�F//ois'yF,Q� / -o.5' TOPSOIL �n e!/ )^ ti O ivy' SAND W �q SAN. �� h a� W PAT T. SECCAFICO rF,Q -25 PROFESSIONAL LAND SURVEYOR, P.C. 0 W�ATEDR IN OO z - SUCCESSOR TO - �� N� 0 -9. �" DONALD TASE, L.S. TEST HOLE Ui RICHARD WILHELM RID ASSOCIATES �� �V O PLR SURVEY aY = .PROFESSIONAL LAND SURVEYORS RODERICK VAN 7UY- o NORTHSTAR SURVEYING, P.C. (147ED 5/12/1987 (j _ • PAUL T. CANAIIZO, LS., ROBERT A. KART, LS. DW ING r. PROPOSED GRADE ,�', Vi Ip00D GROUND SURVEYORS, P.C. INV 8Z5 AVC COVER 2• . 107-4 W. Montauk Highway 328A Main Street g T/POOL 87.0 Hampton Bays, NY 11946 Center Moriches, NY 11934 4°P,,.., _ cv��I PHONE (631) 728-5330 PHONE: (631) 878-0120 • �SET?IlC TANK B/POOL 84.5 FAX (631) 728-6707 FAX: (631) 878-7190 Q CESSPOOLN.Y.S. LIC. NO. 049287 _ GROUND WATER 0 825 COPYRIGHT - 2002 PAT T. SECCAFICO P.LS, P.C. 40. eit NTk1 ter HLA1N ( A public hearing will be held by the Southod Town Appeals Board at Town Hall , 53095 Main Road , Southold, concerning this property: NAME : DEBRA VICTOROFF 5334 MAP #: 54-5-55 & 29 . 1 (AS 1 LOT) APPEAL: SETBACKS PROJECT: NEW HOUSE DATE : TUES . JUNE 222004 9 : 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 iIF) 40 ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 May 26, 2004 Re: Chapter 58 — Public Notice for Tuesday, June 22, 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 JUNE 8: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by June 8: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By JUNE 13: Please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting to our office on or before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Enclosures U.S. Postal SerViceTM —° CERTIFIED MAILTM R'ECEIpT .0 '.(Domestic Mail Only;No Insurance Coverage Provided) For deli"very information visit our website at www.usps.comeRJ --D Sr3101CDSY [111 . l fir_ >L G Postage $ 0.37 UN ll' Certified Fee 2.30 },nPos er1%\f Return t Req t Fee 1 y UQ� 1 (Endorsement Required) � V U � CI Restricted Delivery Fee E k: KKZk� _4)- .o (Endorsement Required) S� Total Postage&Fees 4.42 46/%r N S m O Sent To o Daniel Regan & wf N Street,Apt �g00 N Bayview Rd or PO Box o. City,State,&QV( h-oid- lit-11-971 PSForm 3800,Juge 2002 ,. ..';+r n See,Reverse for Instruction U.S. Postal ServiceTM m CERTIFIED MAILTM RECEIPT co •.(Domestic Mail Only;No Insurance Coverage Provided) .I For delivery information visit our website at www.usps.come ru GaN CITY (125.30 L",3 L U S E = Postage $ 0.37 UNIT III: 0935 r-R Certified Fee -d Sn 0 2.30 oPo k um Return Reciept.Fee i�� 4ere (Endorsement Required) mi Restricted Delivery Fee Clgc :8KKZR' C co (Endorsement Required) '-q Total Postage&Fees $ 4.42 0 /08/04 4t. Rl ,L/ , '�� D Sent To Faul & Deborah Bello'NI �� r` or Street,BApt t 9 Kilburn Rd PO oo. city,statxf. d-err t-ity'--NY-11-53-0 . „ co-r • c- . In r ion U.S. Postal ServiceTM "' CERTIFIED MAILTM RECEIPT .0 co (Domestic Mail Only;No Insurance Coverage Provided) .11 For delivery information visit our website at www.usps.coma ru NYORKG g00. E A [L U S '' Postage $ 0.37 UNIT 11: rq 0 Certified Fee 2.30 ��'" D Return Reciept Fee 175 /Her ark o 1nr+ t (Endorsement Required) ' c0 Here_ _ o_1V,`1 O Restricted Delivery Fee Clerk-' (Endorsement Required) b:s C rq Total Postage&Fees $ 4.42 06/08/ `10, ANSCO m I= Sent To M Elaine & Dimitrios Kelempelidi N' Streef,Apt No; Trustees or PO Boil No, city,stA1,9A4 Wa-s h-i-n gt orn"-S t, kp-t--4'k immitetw 10 014. ., U.S. Postal ServiceTM m CERTIFIED MAILTM RECEIPT Ir co (Domestic Mail Only;No Insurance Coverage Provided) .D For delivery information visit our website at www.usps.coms ru ▪ 802110673v i 19S �l A L U S E Postage $ 0.37 (J s It _i . 4. CI Certified Fee 2.30 p me nn 7 Postmark C7 (Endorsement me Requi ed) 8 tifftCIS O Restricted Delivery Fee '', 1erk: KKZRWF n ▪ (Endorsement Required) coOa Total Postage&Fees 4.42 s. t'. + c\CJ m I= Sent To Alice Seifert N Street Apt.No 60 Dogwood Lane or PO Box No. City,State,zt ttt held-"-Pd ir___}_1.9 71 U.S. Postal ServiceTM ix) CERTIFIED MAILTM RECEIPT co (Domestic Mail Only;No Insurance Coverage Provided) ...D For delivery information visit our website at www.usps.come ru- s iota viii IL USE = Postage $ 0.37 UNIT ID: 0935 0 Certified Fee 2.30 0 Return Reciept.Fee 1.75 (Endorsement Required) Restricted Delivery Fee C1erIk: KKZF(QF . 743 (Endorsement Required) I )7 () g _ Jnr C Total Postage&Fees $ 4.42 Ob/ S"UN (� oSent To John Kirincic & wf ' ''' ,.,,11.\1 .)V- •,: N Street,A/ fvp.;Box 1844 or PO Bolt A]b city,sta sttro-2.d -NY---±-1-9-`?± • Form 3800.June 2002 See Reverse for Instructions U.S Postal ServiceTM cr CERTIFIED MAILTM RECEIPT r- w (Domestic Mail Only;No Insurance Coverage Provided). For delivery information visitour website at www.usps.come 113 --0 RIrID WDOD,[NY g11385d AL USE Postage $ 0.37 WIT _� t. rl S m Certified Fee 2.30 D Return Reciept Fee Postmark (Endorsement Required) 1•� CO 00-ikereK f 5',I l I. Restricted Delivery Fee a- KjKZRUF C) co (Endorsement Required) � SO rg Total Postage&Fees 4.42 I:, •6;:1 t C) m M Sent To Rozakis & wf r- Street, i,ac14.3 Cooper Ave or PO�Oo)(No. City,Ra Pale--N-y- 4-3-8 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of DEBRA VICTOROFF Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM#1000-54-5-29.1 & 55 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue,New York 11935, being duly sworn, depose and say: That on the 8th day of June 2004, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Dated: June 8, 2004 • 'ames E. Fitzger. •/r. Sworn to before me this 8th day of June, 2004. Notary Public .„ ONP1i'E w. MAZZA'Vnao NOTARY Plletie,We of Nasi`lot Fia. 52-¢,0..3'`313•&AS - ►411 010M►111411 M111:1:144i/[•1 ffirelYll714/arIlgS14011101ffreffIAMC X IN Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. �/ 0 Agent ■ Print your name and address on the reverse X i��i%G "��0 Addressee so that we can return the card to you. B. Received by Pnn d Name) C. Date of Delivery IN Attach this card to the back of the mailpiece, ��� I' or on the front if space permits. . D. Is delivery address different fro -;4-1,Att- Y - 1, Article Addressed to: If YES,enteK delive address,.- .w: 0 /�,• i J a d Daniel Regan & wf # 41 1 1860 N Bayview Rd Pro$$.) / .;• 0 � Southold NY 11971 e Cr, r 3. Service Type" 14 t Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ' 7003 1680 0001 4462 6886 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt VICTOR OFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-1O • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue,NY 11935-0617 1.,111„.111►1milliiii1i11„ illintilli«,I„eliluillati1 - 1 I ': COMPLETE THIS SECTION NKoL4lall*14 :11:1 014101MIMMIPI4:1' ■ Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X Addressee so that we can return the card to you. B. R ceived by( rioted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ��N�� or on the front if space permits. jam, D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: ,enter delivery address below: 0 No John Kirincic & wf FO Box 1844 �Ov S %' Southold NY 11971 6(;:: t 1 4‹.. �ervice Type ^0 rtifi-. ea' 0 Express Mail .ties e e• 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 1680 0001 4462 6855 • (Transfer from service Iabeq PS Form 3811,February 2004 Domestic Return Receipt VICTOR OFF 102595-02-M-1540 UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • PROPER-T PERMIT SERVICES Post Office Box 617 Cutchogue,NY 11935-0617 • r:,� �aaa��aea���a�eaaa��aaMa�al{aacallaaaaa�lfaaa�na��itaa��a�sa� - 1 • ': CO r • • 1 NK•L41:1141V:1RSY4.111010[•7J/7411Y14:r ■ Complete items 1,2,and 3.Also complete S gr re 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. 11, Received r/(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �� or on.the front if space permits. _ 1, Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No r Thomas Roza'mt. 49E. 67-43 Coo Ave o Glendale IiY 11,84 z - -- ?D® ° .4 3. Service Type , G .4tg,pertified Mail 0 Express Mail til A �`' 0 Registered ❑Return Receipt for Merchandise .1 Q® 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Ancqle Numbers::;",, r ,1,. 7003 ,16.8 0 0001 4462 6879 [ (rransfei frohi serirlce label) ii i! ; 'PS Form 3811,February 2004 ,- Domestic Return Receipt `d it,i ut(Uri 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 11 0 Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • [ PROPERT PERMIT SERVICES Post Office 7 Cutchogue,NY 11935-0617 r.; ��st1��t�t�Ifle��tiDtf�ilt�il�ei��ilr���l��tit�tri�letsilillfl Y i v:r. r-a5'A�t aijAzfreom— yz�rc•�.—�K•]u1:it � r:Ib� .37Ii]►rl•I P/ :�� ■ Complete items 1;2,and 3:Also complete 'A. Sign-tune item 4 if Restricted Delivery is desired. X Lat nt ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Na C. D. =of.slivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 6 //i' D. Is delivery address different from item 1 El Yes ' 1, Article Addressed to: If YES,enter delivery address below: 0 No Alice' Seifert 360 Dogwood Lane Southold NY 11971 3. Service Type X Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes i 2, Article Number.: ;: ; .;, : , 170.03: 1680 0001 4462 6893 t't (Transfer from Beni/ce tabe0 it f ;It i a i! 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Soma,....„4„,,, a 7�?yS:.� / g 5 )4jC) f �2l S SS ,, /� 14 0 V, ._ .•• //7/1 i•? ty 8ttilLIT r �� a` e „... ....491 1 .44(j 4? 7 ,4. ' i„,,f3 . 01 iLlii .4, .,.).vb 4. ..741rAr 0 N 311.800 q = `9 cJ y R+g� j 25 RQ O /� J - , ' 004 ,,, / . IN. y.���� r.-.NN> / V- Wend Dktrkt Line ——5p1— 'Went Nekkt Line --—H—— UNLESS DRAWN OTHER0ISE, ALL RR( ' I � ��+ •` ARE WITHIN THE FOLLOWING DI L Raperb c RI me 1711 I Biotic WO ^ I Rre 199,lc,L, —-F—-I Refugia Oet ict Line ——R—— SCHOOL 5 SERER ROD ent by:PROPER T SERVICES Jun-18-03 03:46Pm from 631734'463163176590;4 page 3 June 10, 2003 DEBRA VKTOROFF: A.DJAE P PE.' TY Ow E g NOTICE NOT SENT TROPERTY Q! 1 1000-54-5-55 &29,1 Debra Victoroff 610 W 110th Street, Apt 101) New York,NY 10025 NOTICE SENT 1000-54-5-1S John Kirincic&wf PO Boz 1844 Southold,NY 11971 1000-54-5-20 Paul&Deborah Belice 129 Kilburn Road Garden City,NY 11530 1000-54-5-28.1 Elaine&Dimitrios Kelempelidis, Trustees 690 Washington Street,Apt 1-A New York,NY 10014 1000-54-5-56.1 Thomas Rozakis&wf 67-43 Cooper Avenue Glendale,NY 11385 1000-54-8-1 Daniel Regan&wf 1860 N. Bayview Road Southold,NY 11971 1000-54-8-2 Mice Seifert 360 Dogwood Lane Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of C• 4 l- DEBRA VICTOROFFIIQ Regarding Posting of Sign upon Applicant's Land Identified as SCTM#1000-54-5-29.1 & 55 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr.,residing at 385 Haywaters Drive, Cutchogue,New York 11935, being duly sworn, depose and say: That on the 13th day of June, 2004, I personally placed the Town's official Poster,with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date,which hearing date was shown to be Tuesday, June 22, 2004. Dated: June 22, 2004 ,4/SL mes E. Fitzgerald • Sworn to before me this 22nd day of June, 2004. Notary Public P1/1/' JOYCE M.WILKINS Notary Public,State of New York No.4952246,Suffolk County Term Expires June 12, ado ) APPEALS BOARD MEMBERS ����` ��� Southold Town Hall Ruth D. Oliva, Chairwoman �� IA: 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold,NY 11971-0959 Vincent Orlando ®�/ Tel. (631) 765-1809 James Dinizio, Jr. = �4 ED V,,d. Fax(631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Upd.6/30;7/1 - AGENDA SPECIAL MEETING TUESDAY,JULY 1,2004 Place of Meeting: Town Hall 6:00 p.m. Call to order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATION (SEQRA): (none). II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending Deliberations/Decision (hearing concluded 5/20/04): (JD) STEVE VESEY and CHERYL SCHLITT#5529. Request for an Interpretation of Sections 100-242A and 100- 244, reversing the Building Inspector's April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side yards at less than 35 feet, and a single side yard at less than the code required 20 feet. Location: 370 Dogwood Lane, East Marion; CTM 38-5-3. Pending Deliberations/Decisions (hearings concluded 6/22/04): DEBRA VICTOROFF#5334. Request fora Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval, amended April 20, 2004. Applicant proposes a dwelling less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM #54-5-55&29.1 (as one lot). JOAN A. SAUNDERS #5537. Request for a Variance under Section 100-92, based on the Building Department's January 20, 2004 Notice of Disapproval. The applicant is proposing a lot with an area of less than 20,000 sq. ft., in a pending lot line change application,with a single side at less than 10 feet and total side yards at less than 25 feet. Location of Property: 1095 Franklinville Road, Laurel; CTM 125-2-3.1 and 4.1. JEANNE VANBERGEN #5535. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's March 31, 2004 Notice of Disapproval, concerning a proposed addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase in the degree of nonconformance, and Section 100-244 requires a minimum front yard setback of 35 feet. Location of Property: 555 Horton Avenue, Mattituck; CTM 141-1-26. DAVID AND JANE STARWOOD #5534. Request for a Variance under Section 100-239.4B, based on the Building Department's April 8, 2004 Notice of Disapproval, concerning an as-built deck addition at less than 75 feet from the bulkhead, at 175 Sun Lane,Southold; CTM 76-1-13. ELEFTERIOS MOUROUNAS #5543. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's April 5, 2004 Notice of Disapproval concerning a proposed addition to the dwelling existing in a nonconforming location. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase the degree of nonconformance, and Section 100-244 requires a minimum 35 ft. front setback. Location of Property: 985 Central Drive, Mattituck; CTM 106-2-27. Page 2—Agenda(updated 11/23/04 3:32 PP , ,, July 1,2004 Special Meeting Southold Town Board of Appeals KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100-239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18, 2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. JOHN WOLLEBEN #5539. Request for a Variance under Section 100-33C, based on the Building Department's January 26, 2004 Notice of Disapproval. Applicant proposes to demolish an existing building and to construct a new garage at less than 35 feet from the front lot line, at 705 Bridge Lane, Cutchogue; CTM 118-2-8. C. Mesiano, agent. JOHN J. CARWAY #5546. Request for a Variance under Section 100-244, based on the Building Department's May 24, 2004 Notice of Disapproval concerning a proposed deck at less than 35 feet from the rear property line, at 1350 Smith Drive North; CTM #76-2-9. RIVERHEAD BUILDING SUPPLY#5544. Request for a Variance under Section 100-205.1C, based on the Building Department's February 3, 2004 Notice of Disapproval for placement of a (third) wall sign, at 74500 Main Road, Greenport; CTM 46-1-2.3. Zone District: Light Industrial Office. PATRICIA BUERKLE #5545. Request for a Variance under Section 100-242A(ref. 100-244), based on the Building Department's May 3, 2004 Notice of Disapproval. Application proposes to construct a new porch with a setback at less than 35 feet to the front lot line, at 340 Private Road#3,Southold, CTM #70-6-5.1 BREMER'S MARKET AND DELI d/b/a NORTH FORK MARKET & DELI #5531. (Continued from 5/20 PH ref. site plan updates). Request for a Variance under Sections 100-33B and 100-103A based on the Building Department's April 15, 2004 Notice of Disapproval, amended April 20, 2004, concerning the location of a proposed business building with a front yard setback at less than 100 feet from the Main Road. Location of Property: 11155 Main Road, Mattituck; CTM 142-2-22. III. PUBLIC HEARINGS: (None) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions -hearings concluded, Item III list(t/b/d). B. Regular Meeting 9:30 AM 7/15/04: New and carryover public hearings; continued work reviews of new and pending files for future calendars; possible deliberations/action. C. New business. D. V. POSSIBLE EXECUTIVE SESSION (litigation updates: Court decision upheld grant of alternative relief, dismissed Stroud Petition). 5/4;5/17 • STAFF WORK NOTES/AGENDA (GG t/b/absent) SOUTHOLD TOWN BOARD OF APPEALS " THURSDAY, MAY 20,2004 9:30 a.m. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS(SEQRA): RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions(No further steps-setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests noted in paragraph III, below). - II. DELIBERATIONS/POSSIBLE DECISIONS on the following applications (Hearings concluded 3/18/04): OSPREY DOMINION/LIPA/KEYSPAN #5450, 5432. Location:44075 Main Road, Peconic; CTM 75-1-20.1 & 20.2. Applicant requests a Variance under Section 100-33A concerning the proposed height of new public utility wind turbine/antenna structure exceeding the code's height limitation of 18 feet, and a Special Exception for a public utility use/structure on this 4.4+acre site. 12-17-03 Landscaping Plan updated 3-15-04 and partial Site Map 12- 17-03 revised 3-15-04, prepared by J. Grammas Consultants confirms1000- 75-1-20.1 consists of 4.64 acres and winery agricultural use, with two acres dedicated to proposed public utility wind turbine structure and use; total acreage in A/C zone: 50.84 ac. 12/18/03 Memo of Law, 6 pgs. 125'high wind turbine(100'+25'wing span). 20-yr. lease consists of area for construction and operation of the turbine,for 25'x 35'piece of land. Purpose:clean energy initiative program, over 10 yrs,joint program with LI Farm Bureau for demonstration purposes. Turbine is 600'back from road. Visual impact concerns, adjacent to NYS Scenic Byways corridor, Rt. 25, proposes monthly visual inspections. Production module 15/50 Drive Train assembly manufactured by AOC,20-yr time limit planned.$250,000 to construct. Noise drone concerns, nearby homes. Increased noise and vibration levels for a limited time period, proposes low-noise emission level equipment and operational procedures during construction activities. Max.sound power level is 101 dB(p. 2-37 of EA). Attorney for LIPA agreed to extend time for possible vote at 5/20 meeting when at least 4 members were present. 5/6/04 RESOLUTION ADOPTED extending time to 5/20/04 ZBA Meeting for decision/vote, or to 6/3 if necessary. STANLEY MALON #5383. Applicant requests: (1) Variances under Sections 100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of Disapproval concerning new construction for a multiple-use building with less than 30,000 sq. ft. per use and with a building frontage greater than 60 linear feet, and (2) Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that-multiple occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is proposing one commercial structure with up to three different permitted uses with eight tenants/occupancies on this 53,821 sq. ft. parcel. Location: 32845 Main Road, Cutchogue; CTM 97-5-4.5. Zone: B-Business. Attorney for applicant agreed to extend time for vote at 5/20 meeting when at least 4 members were present; 5/6 resolution extended time to 5/20/04 Meeting for decision/vote. III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 AM ALAN BRAVERMAN #5518. Request for Variances under Sections 100-242A, 100-244, 100-33, based on the Building Department's March 5,2004 Notice of Disapproval, concerning proposed additions to the dwelling with setbacks less than 35 feet from the front lot line, and proposed swimming pool and new addition to garage, both of which will be in partly in a front yard, rather than a rear yard. Location: 2700 Vanston Road, Cutchogue; CTM 111-5-4. Frank Uellendahl Architect. (GG) 2nd floor addition 195 sq.ft.to raise roof; new 160 sq.ft.for garage workshop/storage added to dwelling; 18 ft.setback at closest point to front lot line, elevation 25' to top of ridge per 3/17/04 plan by Frank Uellendahl, Arch.; 12x35 swimming pool at 6' to front line and 5' side setback,within front and partly side yard location; Lot is triangular shaped with two road fronts, only one remaining yard. (Front yards occupy more than 70% of 13,500 sqft. of lot.) Lot coverage conforms, code allows 2700 sq.ft.,total new added=1250 sq.ft.for an overall total under 20%,or 2670 sq.ft. Page 2—Staff Work Agenda with notes Regular Meeting of May 20,2004 Southold Town Board of Appeals 9:35 AM PAUL ORLICK, Contract Vendee (Owner: Estate of A. Orr) #5519. Request for a Variance under Section 100-244, based on the Building Department's March 3,2004 Notice of Disapproval concerning a proposed new dwelling at less than 35 feet from the front lot line,at 1300 Leeton Drive,Southold; CTM 58-2-1. ,(LT) 16,227 sq. ft lot fronting LISound and adjacent(north) wetland area; proposed setback 23 to front step(over 5x6'or 30 sq. ft., included in setback restriction per code),proposes 27 feet to foundation wall of new house,per Ehlers 3/10/03 survey. amended 2/18/04. 9:40 AM THOMAS ROSICKI/SPARKLING POINTE, LLC #5520. Request for a Variance under Section 100-31A.4 based on the Building Department's March 17,2004 Notice of Disapproval,for the reason that the existing building is less than 100 feet from the front lot line at County Road 48. Applicant proposes to convert the existing building use from agricultural-nursery to agricultural-winery. Location:39750 C.R.48, Southold;CTM 59-10-1. No) • 9:45 AM ROBERT VITELLI#5521. Request for a Variance under Section 100-33, based on the Building Department's February 19, 2004 Notice of Disapproval. Applicant proposes a swimming pool in a yard defined as a front yard, rather than the code required rear yard,at 1045 Gillette Drive, East Marion;CTM 38-3-3. (JD1 18'x36'I/G pool, at 20'from easterly front lot line and 18'from house, at least 23 ft. on north side and at least 20 feet on south side per Kenneth M. Wovchuk, L.S. 1-2-2003 survey as prepared; fencing proposed to meet code in front yard areas. Other file info: Received letter 5/18 with objection/concern enclosing photos of this and other properties from G. and B. Wells. 9:50 AM EFSTATHIOS and MARYANN KATSOULAS#5522. Request for a Variance under Section 100-242AS and 100-244, based on the Building Department's March 12, 2004 Notice of Disapproval, amended March 22, 2004 Notice of Disapproval. Applicants propose a second story additions for additional living area and upper deck, over the existing dwelling construction, and adding a roofed entry over the existing concrete patio,portions of which are less than 35 feet from the front lot line,and with a proposed new garage,the lot coverage will be in excess of the 20%code limitation. Location: 1175 First Street, New Suffolk; CTM 117-7-27. (GG), File info: 2nd story deck and 24'3"x 30'3"; 733 sq.ft. detached garage as accessory use. Front yard setback(7.47; and proposes 28.7% lot coverage with existing pool deck 1273 sf, pool 512 sf, house 1738 sf, house deck 132 sf= 23.9% existing. Lot is 15,281 sf (20% =3,056 st); proposed 28.7%or 4,388 sq. ft.per 2/19/04 site plan by JFT Architect. Garage will be one story w/max. 18'mean height,and 21'10"to top of ridge per 2/19/04 Arch.plan A02. Also proposed roof over existing 14.5'x 8.1'front entry facing First St. Letters of objection received from nearby homeowners. 10:00 AM PETER and ARLENE MANOS #5523. Request for a Variance under Section 100-33C, based on the Building Department's April 1,2004 Notice of Disapproval. Applicants propose a swimming pool in a yard defined as a side yard, rather than the code-required rear yard,at 2000 Sound Drive, Greenport; CTM 33-1-18. Garrett Strang,Architect `(LT) Notes from ZBA file: 3-30-04 site map of 28,884 sq.ft.lot with proposed 512 sq. ft.pool addition at 5'from east side line, with 9' separation between house and pool. (Other new areas confirmed by Architect to be outside ZBA jurisdiction for bluff setback, and were not part of disapproval by Building Department, for 520 sq. ft. 2' -story addition over existing one-story, or other bluff yard setbacks or side areas. (2-story garage addition with 5 ft. side yard and 40'front setbacks;350 sq. ft. roofed-over walk connecting house to new garage less 288 sq. ft. removal of garage). Prior Variance to place pool on waterside of house was denied 11/14/02 #5174. Pool and adjacent terraces flush with ground per applicant, although proposed closer than 5'to E/s lot line. Lot#120, Eastern Shores Sec. IV 3/6/66. Page 3—Staff Work Agenda with notes Regular Meeting of May 20,2004 Southold Town Board of Appeals 10:05 AM ROBERT AND JOANN HEGERMILLER#5525. Request for a Variance under Section 100-244 based on the Building Inspector's February 9, 2004 Notice of Disapproval concerning an addition to a new dwelling under construction (BP#29615-Z),which addition will be less than 35 feet from the front lot line,at 825 Green Hill Lane,Greenport;CTM 33-2-44. (Jla) File notes:New dwelling construction BP29615-Z for 35 ft.per 5-16-02 Ehlers survey; foundation built per 8-13-03 Ehlers survey w/34.3' (or 34'4") front setback facing Inlet Pond Road: two front streets, one side, one rear, Lot #127 at Eastern Shores,Sec. V. Proposes new dwelling at elev. 18'to top of ceiling,on sketch with ZBA date-stamp Apr 9.2004. 10:10 AM ANCHOR LANE LLC #5526. Request for a Variance under Section 100-239.4B based on the Building Department's April 8, 2004 Notice of Disapproval to reconstruct first floor in place and second story over existing foundation, and new foundation for addition,within 75 feet from the closest bulkhead,at 1615 Anchor Lane,Southold; CTM 79-4-6.1. Wm.Reese,Architect (GG) 770 s.f. new proposed two-story addition and second-story over existing footprint, proposing 61.6'to closest adjacent bulkhead(and 69.75'to applicant's bulkhead)per 2/12/04 survey, amended March 12, 2004 by Howard W. Young, L.S. and 4-1- 04 Arch. Plan prepared by Wm J. Reese. This 21,031 sf. lot has 100'along Anchor La. and variables along canal at Harbor Lights, Sec. L Existing house is approx. 64' from adjacent bulkhead and is proposed to meet codes as proposed for reconstruction and new second-story. 10:15 AM MARK and CARLA HAYNES#5527. Request for a Variance under Section 100-33 based on the Building Department's September 12,2003 Notice of Disapproval concerning an accessory garage proposed in a yard defined as a front yard, rather than the code required rear yard,at 4270 The Long Way, East Marion; CTM 30-2-95. Mark Haves,Architect. (LT) Existing concrete foundation per BP#29496-Z issued 6/16/03 for detached one-car garage, 12'x18'at 8'from side and 93.4'to front facing The Long Way: 4/25/03 elev. map for Ahsenpink Plan, revised 6/3/03 shows 24'to top of highest ridge, and 17'6 to top of ridge of house; 20'separation from new house construction. Designed as separate building, building permit issued in error and found at time of first inspection for detached garage as applied for. 10:20 AM LEONA WHITE #5524. Request for a Variance under Section 100-244, based on the Building Department's March 25, 2004 Notice of Disapproval, amended March 29,2004. Applicant is proposing a new dwelling which will exceed the code limitation of 20%of the total lot size for building areas,at 2290 Harbor Lane, Cutchogue;CTM 103-1-28. Stacey Bishop of Future Surroundings. (VO,) 7-11-02 Ehlers survey last amended 3-24-04: Future Surroundings-Apex Homes elev. plan 3/15/04 shows two-story house which meets code. Lot coverage is requested to add a one-story front porch, adding 140.26 sq.ft.over code limitation of 20%, for a total of 2946 sq.ft.or 21%on this 14,026 sf.lot. 10:35 AM STEVE VESEY and CHERYL SCHLITT #5529. Request for an Interpretation of Sections 100-242A and 100-244, reversing the Building Inspector's April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side yards at less than 35 feet, and a single side yard at less than the code required 20 feet: Location: 370 Dogwood Lane, East Marion;CTM 38-5-3. Nancy Steelman,Architect. (JD) 20,319 sf. lot 10:40 AM MARIO RIVELLI #5532. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's April 8, 2004 Notice of Disapproval concerning an as-built addition (foundation under construction, BP #30138Z), a portion of which is less than 10 feet from the side property line,at 1435 Hobart'Road,Southold;CTM 64-2-11. Page 4—Staff Work Agenda with notes Regular Meeting of May 20,2004 Southold Town Board of Appeals 10:45 AM DAVID C. and MARIA W. PATTERSON#5530. Request for a Variance under Section 100-33C, based on the Building Department's March 9, 2004 Notice of Disapproval, concerning the proposed side yard location of a new non-habitable accessory building(playhouse/garage),after removing the existing accessory garage,at Central Avenue, Fishers Island; CTM 6-4-4. 10:50 AM LAUREL LINKS COUNTRY CLUB #5528. Request for a Variance under Section 100-231, based on the Building Department's March 31,2004 Notice of Disapproval, concerning a tennis court with,fencing which will exceed the code height limitation of six feet when located in a front yard of a nonresidential zone,at 4715 Great Peconic Bay Boulevard, Laurel; CTM 125-4-24.23. (VO) At end of morning session, Resolution to adjourn to 1 PM. • Page 5—Staff Work Agenda with notes ~' Regular Meeting of May 20,2004 Southold Town Board of Appeals 1:00 PM Resolution to reconvene. III. PUBLIC HEARINGS,continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:00 PM BRIARCLIFF SOD, INC. #4985. Request for Variances under Section 100-32 (Bulk Schedule) based on the Building Department's May 2, 2001 Notice of Disapproval, amended April 26, 2004 concerning two lots (out of three in this proposed division) with less than 80,000 sq. ft. of land area. Location: North Side of New Suffolk Avenue and the South Side of Main Road, Peconic; CTM 85-3-12.1 and 12.2 and 97-10-1,consisting of a total area of 24.97 acres). (LT) Notes: Amended Map 12-24-03 of proposed division by John Ehlers, L.S. Lots 1 and 2 proposed w/74,336 sf vacant land,after cutting out remaining area of 21.55 acres,most of which is restricted under Development Rights Covenants. 1:05 PM BREMER'S MARKET AND DELI d/b/a NORTH FORK MARKET&DELI/RAYMOND and LAUREL FERRICK#5531. Request for a Variance under Sections 100-33B and 100-103A based on the Building Department's April 15, 2004 Notice of Disapproval, amended April 20, 2004, concerning the location of a proposed business building with a front yard setback at less than 100 feet from the Main Road. Location of Property: 11155 Main Road, Mattituck; CTM 142-2-22. (LT) Reminder notation only about canceled PH at 1.10 PM-001473/1cfoF ft,at appi1icant`s_request this PH removed-from 5/20 calendar; see Board Resol.adopted 5/6 for new hearing June 22nd PH). 1:20 PM MATT-A-MAR MARINA, INC.#5494. Request for a Variance under Section 100-239.4B,based on the Building Department's December 18, 2003 Notice of Disapproval. Applicant proposes an addition to the existing storage building which will be less than 75 feet from the closest measurements to the bulkhead,at 2255 Wickham Avenue, Mattituck;CTM 114-3-1. (GG) 1:40 Axelrod from 4/22 PH; RESOLUTION to open for comments/extend submission deadline to 6/17 & adjourn PH , per 5/14 attorney letter; PH possible date: Tues, June 22nd 9:35 AM. Notes: J. Foster AIA plan 9-21-03 shows proposed second story addition over existing one-story house, survey, of 8-21-03, revised 12-18-03 for 7,893 sf lot confirms proposed 14 ft. from E/S and maintaining 7'at W/S;44'from front at Ruch Lane; 77'to rear line along Arshamomaque Pond. Deborah Doty, Esq. (GG) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions-hearings concluded, Itemjlll list(t/b/d). B.Special Meeting 6:00 PM 6/3/04: agenda items may include work session;continued work reviews of new files for future calendars;possible findings/decisions on carryovers. C. New business(if any per Chairwoman) D. Resolution to authorize advertising of new hearings for Tues.,6/22/04. V. POSSIBLE EXECUTIVE SESSION (litigation t/b/d). Prep.3/25; 4/15;4/16;4/21 AGENDA REGULAR MEETING THURSDAY,APRIL 22, 2004 9:30 A.M. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions (No further steps-setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests noted in paragraph III, below). II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending Deliberations/Possible Decision (Hearing concluded 12/18/03): G. KAPASSAKIS #5440. (Time for applicant's submission and deliberations extended to 5/1/04; 4/15 amended survey submitted per 12/18 ZBA request.) New dwelling; front and rear setbacks, 955 Cedar Drive, East Marion. Pending Deliberations/Possible Decision (Hearing concluded 3/18/04): OSPREY DOMINION/LIPA/KEYSPAN #5450. Location: 44075 Main Road, Peconic; Parcel 75-1-20.1 & 20.2. Applicant requests a Variance under Section 100-33A concerning the proposed height of new public utility wind turbine/antenna structure exceeding the code's height limitation of 18 feet, and a Special Exception for a public utility use/structure on this 4.4+acre site. Pending Deliberations/Possible Decision (Hearing concluded 3/18/04): STANLEY MALON #5383. Applicant requests: (1) Variances under Sections 100-102 and 100-103C, based on the Building Department's May 20, 2003 Notice of Disapproval concerning new construction for a multiple-use building with less than 30,000 sq. ft. per use and with a building frontage greater than 60 linear feet, and (2) Interpretation of Section 100-102, Bulk Schedule, based on the Building Department's May 20, 2003 Notice of Disapproval, to determine that multiple occupancies do not require an additional 30,000 sq. ft. of land area per permitted use in the B-General Business Zone District. The applicant is proposing one commercial structure with up to three different permitted uses with eight tenants/occupancies on this 53,821 sq. ft. parcel. Location: 32845 Main Road, Cutchogue; CTM 97-5-4.5. Zone: B-Business. III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 a.m. DEBRA VICTOROFF#5334 (carryover from 1/22/04 pending receipt of Trustees action on wetlands). This is a request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval,. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 &29.1 (as one lot). 9:35 a.m. THOMAS CORNWELL #5473 (adjournment requested 2/23 for attendance by Mr. Slagherty; PH carryover from 2/26). This is a request for a Variance under Section 100-30A, based on the Building Department's December 1, 2003 Notice of Disapproval, concerning proposed additions and alterations at less than 15 feet on a single side setback, at 500 West Cove Road, Cutchogue; CTM 111-2-8.1. Page 2—Agenda upd.4/21/04 April 22,2004 Meeting -- Southold Town Board of Appeals III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:40 a.m. LEN VACCARIELLO/SOUTHOLD FLOOR COVERING #5503. This is a request for a Variance under Sections 100-102 and 100-103C, based on the Building Department's December 11, 2003 Notice of Disapproval, and amended Notice of Disapproval, concerning a proposed building (retail flooring business) with a rear yard at less than 35 feet, and building length greater than the code limitation of 60 feet (linear frontage facing C.R. 48). Location: 46025 C.R. 48, Southold; CTM 55-2-18.1. Zone: B Business. 9:50 a.m. JOSEPH and MICHELLE SANTACROCE#5506. This is a request for a Special Exception under Sec. 100-31B(13) for an Accessory Apartment in conjunction with the owners'residence, at 695 Kerwin Boulevard, Greenport; CTM 53-3-17.3. 10:00 a.m. CHRISTOPHER and TRUDI EDWARDS #5509. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 24, 2004 Notice of Disapproval concerning proposed additions to dwelling which will be less than 40 feet from the front lot line. Location of Property: South Side of Madeline Avenue and east side of Crescent Avenue, Fishers Island; CTM 6-8-1. 10:10 a.m. LAWRENCE KOTIK#5508. This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Department's February 23, 2004 Notice of Disapproval concerning proposed additions with a front yard setback at less than 35 feet, at 10 Middleton Road, Greenport; CTM 40-5-12. 10:20 a.m. ROBERT and SUSAN TOMAN #5507. This is a request for a Variance under Section 100-244, based on the Building Department's February 26, 2004 Notice of Disapproval concerning a proposed deck addition with a front yard setback at less than 40 feet, at 3480 Main Bayview Road, Southold; CTM 78-2-13. RESOLUTION TO ADJOURN #5466, extending time for submission and follow-up reviews, amended Notice of Disapproval and possible amended variance application for height and/or other relief, pending submission of revised plans to conform to codes; next available hearing dates: May 20,2004 or June 17, 2004. 10:40 a.m. FRANCOIS AND SUZANNE LATAPIE#5466. This is a request for a Variance under Section 100-33, based on the Building Department's July 15, 2003 Notice of Disapproval concerning a proposed accessory garage in an area other than the required rear yard, at 1845 Broadwaters Road, Cutchogue; CTM#104-11-1.7. 10:50 a.m. WILLIAM BAUER#5515. This is a request for a Special Exception under Section 100-31 B(13)to establish an Accessory Apartment in conjunction with the owner's residence, at 350 Skunk Lane, Cutchogue; CTM 97-3-7. 11:00 a.m. LOCKE McLEAN #5510 rehearing of#5388). This is a request for a Variance under Section 100-244 based on the Building Inspector's March 4, 2004 Notice of Disapproval, and/or rehearing for a change of use of the proposed addition, which addition was approved under ZBA#5388 1/8/04, in part as a garage. The proposed construction will be less than 55 feet from the front lot line. Location of Property: Corner of Oriental Avenue and the Gloaming), Fishers Island; CTM 10-10-5. Resolution to adjourn to 1 PM. ****************** * 1:00 p.m. Resolution to reconvene. III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:05 p.m. GEORGE ANASTASIADIS #5511. This is a request for a Variance under Section 100-244B, based on the Building Inspector's February 24, 2004 Notice of Disapproval, a.m. ended March 12, 2004, concerning a proposed deck which exceeds the code limitation of 20%for building coverage, at 505 Cpt. Kidd Drive, Mattituck; CTM 106-5-6. Page 3—Agenda upd.4/21/04 April 22,2004 Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:15 p.m. JOHN and HEALTHER ROMANELLI #5513. This is a request for a Variance under Sections 100-242A and 100-244B, based on the Building Inspector's February 5, 2004 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling which will be less than 20 feet on a single side yard, at 3535 Cedar Beach Road, Southold; CTM 93-1-6.3. 1:25 p.m. EVERETT and MARILYN CORWIN #5504. This is a request for a Variance under Section 100-242A, based on the Building Department's February 6, 2004 Notice of Disapproval, concerning a proposed second-story addition which will be less than 35 feet from the front lot line, less than 10 feet on one side yard, and less than 25 feet for combined side yards, at 217 Oak Street, Greenport; CTM 42-1-30. 1:35 p.m. STEPHEN and THERESA BARTENOPE #5517. This is a request for a Variance under Section 100-242A, based on the Building Inspector's March 15, 2004 Notice of Disapproval concerning a proposed second-story addition at less than 40 feet from the front lot line, at 1450 Youngs Road, Orient; CTM 18-2-7. 1:45 p.m. TOM and SUSAN MERIAM #5514. This is a request for a Variance under Sec. 100-33, based on the Building Inspector's March 4, 2004 Notice of Disapproval, a.m. ended March 11, 2004, concerning a proposed accessory building (storage pool house) in a yard other than the required rear yard, at 1335 Marratooka Rd., Mattituck; CTM 115-11-26. 1:55 p.m. JOHN and MARION BRANDVOLD#5516. This is a request for a Variance under Sections 100-242A and 100- 244 and 100-239.4B, concerning reconstruction of an existing dwelling which will be less than 10 feet on a single side yard, less than 15 feet on the remaining side yard, for total side yards at less than 25 feet, and less than 75 feet from the bulkhead. Location of Property: 1955 Bay Shore Road, Greenport; CTM 53-4-10. (Await additional construction roof and elevation diagrams for expanded footprint, etc. -possible continuation with adjournment for more time to submit&review.) 2:15 p.m. COWAN HOLDING LLC#5505. This is a request for a Variance under Section 100-244, based on the Building Department's February 25, 2004 Notice of Disapproval concerning proposed additions and alterations at less than 10 feet from the side lot line, at 290 Smith Drive North, Southold; CTM 76-2-18. • 2:25 p.m. STEVE AXELROD and SANDRA SCHPOONT #5502. This is a request for a Variance under Sections 100- 242A and 100-244, based on the Building Inspector's February 6, 2004 Notice of Disapproval, concerning proposed additions and alterations at less than 10 feet on a single side yard and less than 25 feet for combined side yards, at 630 Ruch Lane, Greenport; CTM 52-2-26. (End of hearings;meeting continues) IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions-hearings concluded, Item III list(t/b/d). B. Special Meeting 6:00 PM May 6th: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. New business. D. Resolution to authorize advertising of new hearings for May 20, 2004. V. POSSIBLE EXECUTIVE SESSION (t/b/d; litigation). 6/6; 6/13;6/16;6/16;6/18 AGENDA JUNE 19, 2003 REGULAR MEETING , 9:00 a.m. Call to order by Chairwoman. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): Type II Actions (No further steps) Setback/Dimensional Requests: Leonard and Helen Costa#5337 Robert Reilly#5316 - John and Martha Tuthill#5328 Debra Victoroff#5334 Lauren Zambrelli#5322 Frederick and Joan Frohne#5317 John Hurtado,Jr.#5319 Bluepoints Co., Inc.#5335 John and Patricia Clark#5336 Donna and Leonard Schlegel#5327 Virginia and Christopher Coyne#5323 David Page and Shinn Vineyard#5339 Gary and Debora Stroud#5326 Towbee, LLC/Sea Tow#5355 Edgewater II, LLC#5330 Tariq Mahmod Baig,And Riffat Minhas #5369-A Ernest Schneider#5343 Peter Boger#5341 Robert Samolewski#5338 Lot Waiver Requests: Helen Theoharis#5331 Unlisted Action: Tariq Mahmod Baig, and Riffat Minhas #5369-B(Special Exception) II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Hearings (oral concluded 5/15/03): Appl. No. 5310—Anthony Palumbo Appl. No. 5309—Nick Bruno (pending survey by 6/15) Appl. No. 5202—Duryea Trust Appl. No. 5287—Warren and Edith Melhado Appl. No. 5313—Vihold Corp. and J & C Holdings Page 2—Agenda upd. 11/23/04 Regular Meeting of June 19, 2003 Southold Town Board of Appeals II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Hearings (oral concluded 5/1/03): Appi. No. 5149— New Suffolk Shipyard Appl. No. 5259— Estate of Murray Schlussel (pending reply from Olsen & Olsen to Abigail Wickham, Esq.'s submission of 6/5/03). III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 a.m. KENNETH CERRETA#5282 (carryover from 5/15). Based on the Building Department's October 9, 2002 Notice of Disapproval, this is a request for Variances under Section 100-244B for a garage addition at less than 10 feet for a single side yard, less than 25 feet for total side yards, and less than 35 feet from the front lot line, at 1655 Bay Shore Road, Greenport; Parcel 53-4-6. 9:40 a.m. E. and R. TRIPPE #5300 and #5308 (carryover from 5/15). Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; 6-3-6.1. (Amended Floor Plans may be submitted by attorney 6/19). 9:50 a.m. LEONARD AND HELEN COSTA#5337 - Request for a Variance under Section 100-244, based on the Building Department's March 6, 2003 Notice of Disapproval. Applicants propose additions and alterations to an existing dwelling with a front yard setback of less than 35 feet, at 900 Gin Lane, Southold; CTM 88-3-11. 10:00 a.m. ROBERT REILLY#5316 - A Variance is requested under Section 100-244, based on the Building Department's January 24, 2003 Notice of Disapproval. Applicant proposes additions and alterations in a location at less than 35 feet from the front lot line. Location of Property: 470 (new #510) Locust Lane, Southold; CTM 62-3-30.1 (29 and 30 combined as one). 10:10 a.m. JOHN AND MARTHA TUTHILL #5328 - Request a Variance under Section 100- 244B, based on the Building Department's February 5, 2003 Notice of Disapproval. Applicants are proposing to construct a deck addition at less than 35 feet from the front property line at 1060 Navy Street, Orient; Parcel 1000-25-4-3. 10:20 a.m. DEBRA VICTOROFF #5334. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line,. at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). Resolution to consider 6/16 letter, from Thomas Rozakis, adiacent landowner, requesting the hearing remain open, and adjourned, for counsel. 10:30 a.m. LAUREN ZAMBRELLI #5322. Request for a Variance under Sections 100-242A and 100-244,' based on the Building Department's February 21, 2003 Notice of Disapproval. Applicant proposes additions to Page 3—Agenda upd. 11/23/04 Regular Meeting of June 19,2003 Southold Town Board of Appeals the existing dwelling in a nonconforming footprint, resulting in setbacks at less than 10 feet on a single side and less than 25 feet total sides. Location of Property: 4910 Pequash Avenue, Cutchogue; CTM 110-3-27. III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 10:40 a.m. FREDERICK and JOAN FROHNE #5317. Request for a Variance under Section 100-239.4B, based on the Building Department's February 3, 2003 Notice of Disapproval. Applicant proposes additions and alterations to dwelling in a location at less than 75 feet from the bulkhead. Location of Property: 4700 Paradise Point Road, Southold; CTM #1000-81-3-4. 10:50 a.m. JOHN HURTADO, JR. #5319 - Request for Variances under Sections 100-30A.4, 100-33C and 100-239.4A(1), based on the Building Department's January 27, 2003 Notice of Disapproval. Applicant proposes an accessory swimming pool and deck addition to the dwelling, both at less than 100 feet from the top of the bluff along the Long Island Sound. The swimming pool also is proposed in a side yard location instead of a code required rear yard. Location of Property: 2670 Grandview Drive, Orient; CTM 14-2-3.6. 11:00 a.m. BLUEPOINTS CO., INC. #5335. Request for: (a) an Interpretation under Section 100-242A regarding the nonconforming location of an accessory garage building with like-kind rehabilitation; and (b) if necessary, 100-71C.1 a Variance under Section 100-71C.1, based on the Building Department's January 21, 2003 Notice of Disapproval, amended March 10;2003. Applicant proposes a demolition and reconstruction of an accessory garage "as built" at less than five feet from the rear lot line, at 1240 Love Lane, Mattituck; 140-1- 23.1. 11:10 a.m. JOHN AND PATRICIA CLARK#5336. Request for a Variance under Section 100-244B, based on the Building Department's January 9, 2003 Notice of Disapproval, amended January 21, 2003. Applicants propose additions and alterations to the dwelling which results in a lot coverage exceeding the code limitation of 20% for all building area, at 800 Albo Drive, Mattituck; CTM #126-3-9. 11:15 a.m. DONNA AND LEONARD SCHLEGEL #5327. Request for a Variance under Section 100-231, based on the Building Department's January 27, 2003 Notice of Disapproval. Applicant proposes to construct a fence exceeding the code limitation of four feet when located in the front yard, at 1480 Westphalia Road, Mattituck; CTM#114-7-13.1. Agenda continues(see afternoon session page). Resolution to adjourn to 1 p.m. Page 4—Agenda upd. 11/23/04 Regular Meeting of June 19, 2003 Southold Town Board of Appeals • 1 p.m. Resolution to reconvene. (Agenda items from earlier session, if any) III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:00 p.m. VIRGINIA and CHRISTOPHER COYNE #5323. Request for Variances under Sections 100-31A and 100-33, based on the Building Department's February 11, 2003 Notice of Disapproval, for approval of: (a) living space in a non-habitable accessory building, with a proposed addition; (b) proposed additions/alterations to a non-habitable accessory building, and (c) "as built" accessory shed located in an area other than the code required rear yard. Location of Property: 8310 Soundview Avenue, Southold; CTM 59-7-29.6. 1:10 p.m. DAVID PAGE AND SHINN VINEYARD #5339. Request for a Variance under Section 100-31A(2-c), based on the Building Department's February 28, 2003 Notice of Disapproval, amended March 5, 2003. Applicants propose demolition of an accessory building and to construct an accessory equipment storage building at less than 20 feet from the side line. Location of Property: 2000 Oregon Road, Mattituck; 100-4-3.1. 1:20 p.m. GARY AND DEBORA STROUD #5326. Request for a Variance under Section 100-244B, based on the Building Department's February 28, 2003 Notice of Disapproval. Applicants propose an addition to the existing dwelling with a single side yard at less than 15 feet, at 480 Soundview Avenue West, Peconic; 74-2-7. Resolution to consider applicant's 6/12/03 letter withdrawing #5332 and 5333. -' = ••. - - e - A ' - - - e HNS. Location of Property: 970 and 1020 Seventh Street, Green porrt.. •---- - -- - - - ' -• - - ' - e: - _- --- -• !! -, - -- -• - __ - - '--- - '- .- --• , !! , - .- -- - - - -- -- -- !! . It - - .. ' ..- ' - -- e !•---- - ' -- -- - --- - - --- - - - - - - -- . _ _ 1:40 p.m. TOWBEE, LLC #5355 - Request for a Variance under Section 100-142, based on the Building Department's February 19, 2002 Notice of Disapproval, amended April10, 2003. Applicant proposes two new buildings in this LI Industrial Zone District with: (a) single side yard setback at less than 20 feet, (b) rear yard setback at less than 70 feet, and (c) building linear frontage greater than 60 feet for Building #1, having a front setback at a average of 90 feet. Location of Property: 700 Hummel Avenue, Southold; 63-2-30.1. Page 5—Agenda upd. 11/23/04 Regular Meeting of June 19, 2003 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:50 p.m. EDGEWATER II, LLC#5330. Request for a Variance under Section 100-32, based on the Building Department's March 3, 2003 Notice of Disapproval, amended March 11, 2003. Applicant proposes a new dwelling with a third story, instead of the code limitation of 2-1/2 stories with 35 ft. maximum height. Location of Property: 63735 C.R. 48, Greenport; CTM 40-1-20.2. 2:10 p.m. HELEN THEOHARIS #5331. Request for a Waiver of Merger under Section 100-26, based on the Building Department's February 18, 2003 Notice of Disapproval. Applicant proposes to unmerge CTM #1000- 22-4-10 (Stars Manor #12) from CTM #1000-22-4-11 (Stars Manor #11), vacant land. Location of Property: 1625 and 1745 Stars Road, East Marion. • 2:20 p.m. TARIQ MAHMOD BAIG, and RIFFAT MINHAS #5369(A & B). Requests for: (a) Variances under Section 100-244, based on the Building Department's April 17, 2003, Notice of Disapproval amended April 28, 2003, for a front yard setback of less than 30 feet, and a two-family dwelling on a less having less than 80,000 sq. ft.; and (b) a Special Exception under Section 100-31B for a two-family dwelling. Location of Property: 6125 County Rd. 48, M'attituck; CTM 139-3-49. 2:30 p.m. ERNEST SCHNEIDER #5343. Request for a Variance under Section 100-30A.3, based on the Building Department's March 11, 2003 Notice of Disapproval. Applicant proposes a lot with an area of less than 40,000 sq. ft. and lot width of less than 150 ft. in this R-40 Residential Zone District. Location of Property: 1015 and 915 Lakeside Drive, Southold; CTM 90-4-5 and 6. 2:40 p.m. PETER BOGER#5341 - Request for a Variance under Section 100-33C (ref. 100-244B), based on the Building Department's February 11, 2003 Notice of Disapproval. Applicant proposes to demolish an existing accessory shed and to construct a new accessory building at less than 35 feet from the front lot line,.at 717 Private Road #12, Southold; CTM 87-4-4. 2:50 p.m. ROBERT SAMOLEWSKI #5338. Request for a Variance under Section 100-33, based on the Building Department's March 14, 2003 Notice of Disapproval. Applicant proposes an accessory garage in an area other than the code required rear yard, at 7800 Alvah's Lane, Cutchogue; CTM 101-1-19.3. End of hearings. Public meeting continues: IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting 6:00 p.m. July 10, 2003: Agenda items may include public hearings adjourned from May 15, 2003 new application calendar, continued work reviews of new files for future calendars; possible findings/decisions on carryover applications. B. New business. C. Resolution to authorize advertising of new hearings for the July 24th Regular Meeting. D. Resolution to consider Appl. #5315 - D. and V. Sonnebaum's 6/4/03 written request for new calendar date Page 6—Agenda upd. 11/23/04 Regular Meeting of June 19, 2003 Southold Town Board of Appeals after 5/15 hearing was canceled by applicant/agent. Hearing calendar available: (8/21). E. Resolution to modify Regular Meeting in August from the 28th to the 21st F. Resolution to re-schedule N. DiBartolo from August 28th to August 21st new hearing calendar G. Resolution to consider request dated 6/2/03 of W. Goggins to calendar#5382—W. Goggins for July 24, 2003. (Includes 6/17/03 Amendment with 5/16 Amended N.D.). V. POSSIBLE EXECUTION SESSION (pending litigation). 1/15; 1/20; 1/21 3:0 PM AGENDA REGULAR MEETING THURSDAY, JANUARY 22,2004 9:30 a.m. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions (No further steps -setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): Wilbur Osler#5451. William and Carol Gillooly#5456. Martha Cassidy#5457. Joseph Trencheny#5453. Samuel and Isabelle Distasi#5454. Patrizia Zanboni#5452. Reid Mahaffy#5455. Cathy Stankewicz#5458. Daniel and Tina Finne#5474. Fr. John McGuire#5465. Dolores Ullmann#5464. Helen Stratigos#5459. Edwin Reeves#5462. Seth and Barbara Eichler#5463. Mark Stufano#5461. ' Thomas Dewolf#5467. Richard and Dorothy Poggi #5468. Todd Jensen#5476. II. CARRYOVER DELIBERATIONS/DECISIONS (those complete as of 1/16/04): P.and N. Rodilosso#5443. (12/18 PH);side yard setback,Sigsbee Road, Mattituck. III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 AM APPL.#5430—JOSEPH AND DANIELLE HELINSKI, pending update with NYS DOT (carried from 11/20/04). RESOLUTION to postpone to July 15,2004 hearing calendar, 9:30 AM. 9:30 AM DEBRA VICTOROFF#5334— RESOLUTION to postpone to April 22, 2004, 9:30 AM; carried from 10/23/03 calendar for Trustees review and for receipt of survey with wetland area shown. Request for a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval. Applicant proposes a dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 &29.1 (as one lot). For applicant: Proper-T Services, Inc; opposing: Helen Rosenblum, Esq. Page 2 of 6—Agenda January 22,2004 Regular Meeting Southold Town Board of Appeals 9:35 AM JOSEPH GULMI and SUSAN BRAVER GULMI #5340. (Carried from 10/9 PH; received garage plans.) Request for a Variance under Section 100-33, based on the Building Department's March 4, 2003 Notice of Disapproval. Applicants propose a swimming pool, accessory garage and accessory shed in an area other than the required rear yard, at 250 Pine Tree Court, Cutchogue; Parcel 98-1-7.11. 9:40 AM WILBUR OSLER #5451. Request for a Variance under Section 100-239.4B, based on the Building Department's September 30, 2003 Notice of Disapproval, concerning a porch addition proposed at less than 75 feet from the bulkhead, at 8070 Peconic Bay Boulevard, Laurel; Parcel 126-11-17. 9:50 AM WILLIAM and CAROL GILLOOLY#5456. Request for a Reversal of the Building Department's October 31, 2003 Notice of Disapproval, and/or Variance under Section 100-30A.4 (ref. 100-33), concerning an as-built detached garage located in a yard other than a rear yard, at 605 Village Lane, Orient; Parcel 25-2-20.21. 10:00 AM MARTHA CASSIDY#5457. Request for Variances under Sections 100-30A.1 and 100-231, based on the Building Department's March 10, 2003 Notice of Disapproval, amended May 6, 2003,for the following reasons: (1) a tennis court is not a permitted use on a vacant lot, and (2) the proposed tennis court fence will exceed the code limitations of four ft. maximum height along or within front yard areas, six ft. maximum height along side and rear yards when a principal use is existing). Location of Property: 1015 Youngs Avenue, Orient; CTM 18-1-3. RESOLUTION to open hearing, received testimony, and postpone to March 18, 2004. (Adjacent landowner, Mr. Gianelli, requested additional time to attend hearing for concerns and questions; received certified letter 1/20/04.) 10:10 AM JOSEPH TRENCHENY #5453. Request for a Variance under Section 100-244B, based on the Building Department's August 25, 2003 Notice of Disapproval, concerning additions and alterations proposed with a total side yard area at less than 25 feet, at 120 South Lane, East Marion; Parcel 37-6-3.2. 10:15 AM SAMUEL and ISABELLE DISTASI #5454. Request for a Variance under Section 100-244B, based on the Building Department's October 16, 2003 Notice of Disapproval, for proposed additions and alterations to the existing single family dwelling with a front yard setback at less than 35 feet, at 125 Youngs Avenue, Southold; Parcel 61-4-40. 10:20 AM PATRIZIA ZANBONI #5452. Request for a Variance under Section 100-244B, based on the Building Department's August 22, 2003 Notice of Disapproval, amended August 25, 2003, concerning a new single-family dwelling with a front yard setback at less than 35 feet, after demolishing the existing building, at 1385 Minnehaha Boulevard,Southold; Parcel 87-3-23. 10:30 AM REID MAHAFFY #5455. Request for a Variance under Section 100-244B, based on the Building Department's September 5, 2003 Notice of Disapproval, concerning an addition proposed at less than 40 feet from the front lot line, at 7705 North Bayview Road,Southold; Parcel 79-4-18. 10:40 AM CATHY STANKEWICZ #5458. Request for a Variance under Section 100-244B, based on the Building Department's July 23, 2003 Notice of Disapproval, concerning a proposed addition at less than 40 feet from the front property line,at 1705 Henry's Lane, Peconic; Parcel 74-1-8. 11:00 AM DANIEL and TINA FINNE #5474. This is a request for a Waiver of Merger under Section 100-26, based on the Building Department's December 12, 2003 Notice of Disapproval, to unmerge a land area of 4500 sq. ft. (CTM #1000-48-2-40 with an existing structure containing less than 850 sq. ft. of floor area) from an adjacent land area of 2750 sq.ft. (CTM #1000-48-2-19, containing a dwelling with less than 850 sq. ft. floor area), at 970 and 1020 Seventh Street, Greenport; Greenport Driving Park Ref.#56 and part of#57. Page 3 of 6—Agenda January 22,2004 Regular Meeting Southold Town Board of Appeals . 1 12:00 PM Resolution to adjourn to 1 PM for continuation. Page 4 of 6—Agenda January 22,2004 Regular Meeting Southold Town Board of Appeals 1:00 PM Resolution to reconvene, as follows: III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral'testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:00 PM FR. JOHN MCGUIRE #5465. Request for a Variance under Sections 100-242A and 100-244, based on,the Building Department's November 17, 2003 Notice of Disapproval, amended November 21, 2003 concerning additions and alterations proposed at less than 15 feet on one side and less than 35 feet for both side yards, at 3630 North Sea Drive, Orient; Parcel 15-1-1. 1:10 PM DOLORES ULLMANN #5464. Request for a Variance under Section 100-244B, based on the Building Department's November 17,2003 Notice of Disapproval, concerning additions/alterations (under construction, BP #290421 issued 2/29/02) at less than 35 feet from the front lot line,at 2445 Minnehaha Boulevard, Southold; Parcel 87-3-47. 1:20 PM HELEN STRATIGOS #5459. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's October 2, 2003, concerning a second-story addition proposed over the existing dwelling, with a single side yard at less than 10 feet, and both side yards at less than 25 feet, at 1500 Sound Beach Drive, Mattituck; Parcel 106-1-33. 1:30 PM EDWIN REEVES #5462. Request for a Variance under Section 100-30A.4 (ref. 100-33), based on the Building Department's July 3, 2003 Notice of Disapproval, amended September 23, 2003, concerning the location of a garage in a yard other than the required rear yard, at 495 Maple Lane, Orient; Parcel 17-2-3.1. RESOLUTION: to adjourn to February 26, 2004 at 9:30 AM; adjacent landowner requested additional time due to applicant's mailings sent 1/13. 1:40 PM SETH and BARBARA EICHLER#5463. Request for a Variance under Section 100-239.4A, based on the Building Department's November 17, 2003 Notice of Disapproval, amended November 21, 2003, concerning a swimming pool proposed at less than 100 feet from the top of the bank or bluff of the Long Island Sound, at 17915 Sound View Avenue,Southold; Parcel 51-1-6. 1:50 PM MARK STUFANO #5461. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2003 Notice of Disapproval, amended November 5, 2003, concerning a new dwelling at less than 35 feet from the rear property line, at 3505 Camp Mineola Road, Mattituck; Parcel 123-6-12.5. 2:00 PM THOMAS DeWOLF #5467. This is a Request for a Variance under Section 100-244B, based on the Building Department's December 1, 2003 Notice of Disapproval, amended December 3, 2003, concerning an addition proposed at less than 35 feet from the front lot line, at 415 Sterling Place, Greenport; Parcel 34-3-50. 2:10 PM RICHARD and DOROTHY POGGI #5468. Request for a Variance under Sections 100-244A and 100-244, based on the Building Department's December 10, 2003 Notice of Disapproval. Applicants propose a cantilevered bay window addition at the upper portion of the existing dwelling which will have a total side yard area of less than 25 feet, at 1740 Village Lane,Orient; Parcel 24-2-18. 2:15 PM TODD JENSEN #5476. This is a request for a Waiver of Merger pursuant to Section 100-26, based on the Building Department's December 22, 2003 Notice of Disapproval, amended December 23, 2003, to unmerge an adjacent 5,620+- sq. ft. improved parcel known as 170 Linnet Street, CTM 1000-48-3-4, from the applicant's 5,650 sq.ft. parcel, now unimproved. Location of Property: 819 Linnet Street, Greenport, CTM 48-3-3. Page 5 of 6—Agenda January 22,2004 Regular Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 2:30 PM DONALD GRIM #5441 — (Carried from 12/18 PH calendar; 1/16/04 received map with breakout of 5 acres for farmstand, and remaining acreage). Applicant requests a Variance under Section 100-31A.2 based on the Building Department's January 23, 2003 Notice of Disapproval concerning a proposed horse barn on a 7.467-acre lot instead of the code required 10 acres, after applying five (5) acres of tillable land for the existing farm stand use at 22745 C.R.48, Cutchogue; CTM 84-1-25.2. IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions; review of green signature cards; hearings concluded from Item III above(t/b/d). B. Special Meeting 6:00 PM 2/5/04: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. New business. D. Resolution to authorize advertising of new hearings for February 26, 2004(reminder carryovers also noted for hearings: 1 PM for LIPA/Keyspan/Osprey; 1:10 PM Stanley Malon; 1:20 PM J &C Holdings). E. Appl. No. 5345—ZOUMAS CONTRACTING. Resolution withdrawing application without prejudice to an entire new application (with new Notice of Disapproval, etc.for updated reviews under codes based on applicant's future request). V. EXECUTIVE SESSION (recent litigation: Taggart, Cooper/Frohne, Stroud,Zupa properties). *************** / Page 6 of 6—Agenda January 22,2004 Regular Meeting Southold Town Board of Appeals Jan 22,2004 Agenda Items added 1/21/04 3PM: P. and N. Rodilosso#5443 -carryover for deliberations/decision: side yard setback,Sigsbee Road, Mattituck. v8fr 7-22/1k;upd.8/19 AGENDA REGULAR MEETING AUGUST 21, 2003 9:00 a.m. Call to order by Chairwoman. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): Type II Actions (No further steps) Setback/Dimensional/Lot Waiver Requests/Accessory Apartment/Bed and Breakfast: CHARLES BOCKLET#5364. DONALD ANNINO#5372. LINDA FASBACH#5375. ANDREW NIKOLICH#5368. JOSEPH,DOROTHY and SUSAN ULRICH#5370. ANN MARIE KELLY#5373. JOSEPH FARRELUORIENT POINT HOLDING CO.#5374. ALFRED MAGILL#5362. BENJAMIN AND PATRICIA CALDERONE#5361,#5409. PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC. MICHAEL AND CATHY LEHRHOFF#5376. OMNIPOINT COMMUNICATIONS,Lessee(GEORGE L.PENNY, INC.,Owner II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending decision (hearing concluded 6/19/03): Helen Theoharis#5331 Pending decisions (hearings concluded 7/10/03): Michael Pisacano#5381 Christopher and Virginia Coyne#5323 Pending decision (hearing concluded 7/24/03): Zoumas Contracting #5344 Pending decisions (hearings concluded 8/7/03): F. and J. Frohne#5317 Towbee, LLC (pending letter from applicant's attorney)#5355 Page 2—Agenda upd. 11/23/04 August 21,2003 Regular Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 a.m. E. and R. TRIPPE #5300 and #5308 (carryover from 5/15). Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; 6-3-6.1. (Pending submission of 6/19 amended Floor Plans by applicant to Building Department for determination.) Stephen L. Ham III, Esq. 9:40 a.m. DEBRA VICTOROFF #5334. (Carried from 6/19 — pending review by Building Department of proposed location of accessory pool; also for Mr. T. Roslak, adjacent landowner, for time to consult counsel). Applicant requests a Variance under Section 100-244, based on the Building Department February 11, 2003 Notice of Disapproval, for a proposed dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). Proper- T Services, Inc. 9:50 a.m. CHARLES BOCKLET #5364. Based on the Building Department's April 14, 2003 Notice of Disapproval, amended July 14, 2003, applicant requests a Variance under Section 100-30A.3 to construct additions/alterations to an existing dwelling with a rear yard at less than 50 feet, at 1295 Robinson Lane, Peconic; CTM#1000-98-5-2, 3 and 4 (combined as one). 10:00 a.m DONALD ANNINO #5372. Based on the Building Department's May 9, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to construct an addition to the existing dwelling with a rear yard setback at less than 50 feet, at 1400 Hiwathas Path, Southold; CTM#78-3-48. 10:10 a.m. DONALD AND VIVIAN SONNENBORN #5315. Based on the Building Department's January 9, 2003 Notice of Disapproval, applicants request a Variance under Sections 100-242A and 100-244, to construct additions/alterations to an existing dwelling with side yards at less than 20 feet on a single yard and less than 45 feet for both yards, at 690 Old Woods Path, Southold; CTM#87-1-20. 10:20 a.m. LINDA FASBACH #5375. Based on the Building Department's May 12, 2003 Notice of Disapproval, applicant requests Variances under Sections 100-239.B, 100-242A, and 100-244, for proposed: (1) addition to an existing dwelling with total side yards at less than 25 feet, (2) 'as built' deck addition at less than 75 feet from the bulkhead, (3) lot coverage in excess of the code limitation of 20% of the lot size. Location of Property: 2905 Bay Shore Road, Southold; CTM#53-6-4. 10:30 a.m. ANDREW NIKOLICH #5368. Based on the Building Department's April 25, 2003 Notice of Disapproval, amended May 6, 2003, applicant is requesting variances for an accessory shed and addition to the existing dwelling, both less than 75 feet from the bulkhead, at 850 Budds Pond Road, Southold; #56-5-15. 10:40 a.m. JOSEPH, DOROTHY AND SUSAN ULRICH #5370. Based on the Building Department's March 31, 2003 Notice of Disapproval, applicants request a Variance under Section 100-244 for an 'as-built' deck addition at less than 50 feet from the rear property line, at 2345 Mill Creek Drive West, Southold; CTM#51-6-39. Page 3—Agenda upd. 11/23/04 August 21,2003 Regular Meeting Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 10:50 a.m. ANN MARIE KELLY #5373. Based on the Building Department's April 16, 2003 Notice of Disapproval, applicant requests Variances under Sections 100-242A, 100-244, and 100-239.4B for additions to the existing dwelling: (a) at less than 35 feet from the front lot line, and (b) less than 75 feet from the bulkhead, at 600 Private Rd. #4, Orient; CTM#24-2-11. 11:00 a.m. JOSEPH FARRELL/ORIENT POINT HOLDING CO. #5374. Based on the Building Department's March 21, 2003 Notice of Disapproval, applicant requests a Variance under Section 100-244 to locate a new dwelling at less than 35 feet from the front lot line, at 235 Mill Creek Drive, Southold; CTM#135-4-26. 11:10 a.m. ALFRED MAGILL #5362. Based on the Building Department's April 21, 2003 Notice of Disapproval, applicant is requesting a Variance under Section 100-244B for proposed alterations to an accessory garage existing at less than 35 feet from the front lot line, at 1145 Fleetwood Rd, Cutchogue; CTM #137-4-26. Agenda continues (see afternoon session page). Resolution for adjournment, reconvening at 12:45 p.m. * ** * * *** * * * ** ***** * **** ** ** *** * ****** ** *** *** * ** 12:45 p.m. Resolution to reconvene. Carryovers, if any, from morning session. III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:00 p.m. BENJAMIN AND PATRICIA CALDERONE #5361 and #5409. Based on the Building Department's May 15, 2003 Notice of Disapproval, applicants request a Variance under Section 100-30A for an addition with a separate entrance, which addition will contain habitable living space, including two bedrooms, an eat-in ,kitchen, a living room and a bathroom. In the alternative, a Special Exception and Variance under Sections 100-31 B and 100-32 are requested, based on the Building Department's determination that this lot does not contain the required 80,000 sq. ft. of land area and a two-family dwelling is permitted by Special Exception. Location of Property: 280 Pond Avenue, Southold; CTM#56-1-part of 2.1. 1:10 p.m. PAUL PAWLOWSKI/REFLECTING NATURE LANDSCAPING INC. (a) #5365-A for Variances under Sections 100-82A and 100-83A, based on the Building Department's April 22, 2003 Notice of Disapproval, to establish business use on this 47,741 sq. ft. parcel and construct a building on the existing 47,760 sq. ft. lot, and with a setback at less than 100 feet from the right-of-way facing Cox Neck Road; and (b) #5365-SE for a Special Exception under Section 100-81 B(2) to establish contractors' business and/or yard in this Limited Business Zone District. Location of Property: 260 Cox Neck Road, Mattituck; Heritage Harbor Filed Map, Lot#10; CTM#113-14-10. Page 4—Agenda upd.11/23/04 August 21,2003 Regular Meeting Southold Town Board of Appeals • III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:20 p.m. MICHAEL AND CATHY LEHRHOFF #5376. Based on the Building Department's March 4, 2003 Notice of Disapproval, amended May 20, 2003, applicants request a Variance under Sections 100-242A and 100-244B in their request for an amendment to Building Permit #28945-Z, for deck extensions, portions of which do not meet the required 40 ft. front setback and 50 ft. rear setback, at 230 Wunneweta Road, Cutchogue; CTM#104-11-12.1. 1:30 p.m. OMNIPOINT COMMUNICATIONS, Lessee (and GEORGE L. PENNY, INC., Owner) #5357. Based on the Building Department's April 1, 2003 Notice of Disapproval, applicant requests: (1) an Interpretation of Section 100-162 for reversal of the Building Department's Notice of Disapproval, or (2) alternatively, a Variance under Section 100-162 for the location of a proposed telecommunications tower at less than 300 feet from historical properties (1000-141-3-35 and 1000-141-3-39) listed on the Society for the Preservation of Long Island Antiquities Inventory of Southold Historic Properties. Location of Property: 12585 Sound Avenue, Mattituck; Parcel 1000-141-3-38.1. 1:45 p.m. MARY ZUPA#5266. (Written submitted by attorneys of record on 7/18 as agreed). (Carryover from July 24th agenda/hearing). Applicant requests Variances under Sections 100-24B and 100-32, based on the Building Department's October 30, 2002 Notice of Disapproval for construction of a single family dwelling. The reasons stated in the Notice of Disapproval are: 1) the construction of a single family dwelling on a nonconforming 75,687 sq. ft. parcel in the R-80 District is not permitted; 2) the lot is not recognized, and its use is a marina, and 3) the construction of a single family dwelling would constitute a second use. Property Location: 580 Basin Road, Southold (Paradise Point); CTM#81-1-16.7. 2:00 p.m. NICOLO AND CAROLINE DIBARTOLO #5254 — Request for a Special Exception under Section 100-31B, to establish Accessory Bed and Breakfast Use for lodging and serving of breakfast to transient guests, in conjunction with the owner's residence at 475 Condor Court (extends off the east side of North Oakwood Rd), Laurel; Parcel 1000-127-3-6.2. End of hearings. Public meeting continues: IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Special Meeting 6:00 p.m. September 11, 2003: Agenda items may include public hearings adjourned from August 21, 2003 new application calendar, continued work reviews of new files for future calendars; possible findings/decisions on carryover applications. B. New business. C. Resolution to authorize advertising of new hearings for the September 25th Regular Meeting. D. Possible deliberations/decisions on hearings held and concluded earlier(t/b/d). V. POSSIBLE EXECUTIVE SESSION (t/b/d). • • 10/6; 10/8; 10/21; 10/22 ZBA AGENDA REGULAR MEETING OCTOBER 23, 2003 9:00 a.m. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions (No further steps -setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests): • William and Mary DeBruin #5405. P. Mettes and L. Callaghan#5413. A. and S.Waggoner#5410. J. Parker Wickham#5403. J.Ann Pignato and Maria Regina#5415. Paul Sennet#5402. Howard Meinke#5400. Priscilla Reilly#5404. Paul Stetz#5401. Gerard and Karen Diffley#5431. Rita Jones#5414. H.and D. Sutherland#5412. Michael and MaryEllen Cirrito#5417. Unlisted Action: (none) Others/Pending Lead Agency and Coordination/Review Steps: Stanley Malon#5383 Oki-Do#5397 Main Road Brokerage#5407 II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending decision (hearing concluded 7/10/03): VIRGINIA and CHRISTOPHER COYNE #5323. Request for: (a) living space in a non-habitable accessory building, with a proposed addition; (b) proposed additions/alterations to a non-habitable accessory building, and (c) "as built" accessory shed located in an area other than the code required rear yard. 8310 Soundview Avenue, Southold; CTM 59-7-29. Page 2—Agenda updated 11/23/04 3:25 PM Regular Meeting -October 23, 2003 Southold Town Board of Appeals POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS, continued from p. 1: Hearing concluded 8/21/03: ALFRED AND MARY MAGILL #5362. (10/15 applicant submitted plan revising roof design with letter of explanation). Based on the Building Department's April 21, 2003 Notice of Disapproval, applicants request a Variance under 100-244B for proposed alterations to an accessory garage existing at less than 35 feet from the front lot line, at 1145 Fleetwood Rd, Cutchogue; CTM#137-4-26. Hearing concluded 9/25/03: JASON TAGGART #5389. This is a request for Lot Waivers under Section 100-26 to unmerge a vacant land area of 13,750+- sq. ft., referred to as CTM 1000-78-3-29 from a area, from an improved lot of 12,650 sq. ft. referred to as 1000-78-3-28. Based on the Building Department's May 23, 2002 Notice of Disapproval, the properties have merged under Section 100-25 due to common ownership with the first lot at any time after July 1, 1983. Zone District: NC Agricultural-Conservation. Location of Property: 815 Wabasso Road, Southold; CTM 1000-78-3-29. Hearing concluded 10/9/03: R. and A. COMBS #5393. Request for Variances under Sections 100-242A, 100-244, and 100-33, based on the Building Department's Notice of Disapproval amended July 17, 2003, concerning proposed additions to the dwelling with side yards at less than 15 on one side and 20 feet on the other side, for a total at less than 35 feet when combined; and existing location of the as-built shed at less than five (5) feet from the property line. Location of Property: 6525 Indian Neck Lane, Peconic; Parcel#86-6-24. III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 a.m. Possible Resolution for adjournment to Dec. 18th at 9:30 a.m requested by Stephen L. Ham, Esq. 10/21/03: E. and R. Trippe #5300 and #5308 (carryover from 8/21). (Also await update from applicant's attorney regarding most recent amendment to Floor Plans.) Opposing attorney: Helen Rosenblum. Page 3—Agenda updated 11/23/04 3:25 PM Regular Meeting -October 23, 2003 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:40 a.m. Debra Victoroff #5334. (Carryover from 8/21 — pending review by Building Department of proposed location of accessory pool; also for Mr. T. Roslak, adjacent landowner, for time to consult counsel). Applicant requests a Variance under Section 100- 244, based on the Building Department February 11, 2003 Notice of Disapproval, for a proposed dwelling at less than 35 feet from the front property line and less than 35 feet from the rear lot line, at 445 and 505 Dogwood Lane, Southold; CTM 54-5-55 & 29.1 (as one lot). Proper-T Services, Inc.;opposing attorney: Helen Rosenblum. 9:45 a.m. Daniel Denn #5221 (Carryover request from 9/25 for Ch. 58 notices and attendance by applicant). This is a request for a Variance under Section 100-30A.4, based on the Building Department's August 22, 2002 Notice of Disapproval, to locate a proposed accessory swimming pool in an area other than a required rear yard, at 275 Major's Path, Southold; 54-1-26.1. Adjournment necessary; as of 10/21 applicant did not complete required Ch. 58 notices for certified mailings or posting of sign. 9:50 a.m. Linda Fasbach #5375 (Carryover from 8/21 for possible alternative plans or other update from applicant). Based on the Building Department's May 12, 2003 Notice of Disapproval, applicant requests Variances under Sections 100-239.B, 100-242A, and 100- 244, for : (1) addition to an existing dwelling with total side yards at less than 25 feet, (2) 'as built' deck addition at less than 75 feet from the bulkhead, (3) lot coverage in excess of the code limitation of 20% of the lot size. 2905 Bay Shore Road, Greenport; 53-6-4. Richard Lark, Esq. Note: Amended 10/16/03 Notice of Disapproval for 27.58% lot coverage issued by Building Department(as of 10/21 await breakdown calculations from Architect and/or maps). 10:00 a.m. William and Mary DeBruin #5405. This is a request for a Variance under Section 100-242A (ref. 100-244B), based on the Building Department's May 19, 2003 Notice of Disapproval, amended June 30, 2003, for proposed additions/alterations to the existing dwelling with a single side yard setback at less than 15 feet. Location of Property: 2570 Pine Tree Road, Cutchogue, 1000-104-2-13. 10:10 a.m. P. Mettes and L. Callaghan #5413. Request for a Variance under Section 100- 82A, based on the Building Department's July 17, 2003 Notice of Disapproval, for proposed additions/alterations to existing commercial building with a side yard at less than 20 feet, at 43715 C.R. 48 (a/k/a Middle Road or North Road), Southold; 1000-59-3-30. Page 4—Agenda updated 11/23/04 3.25 PM Regular Meeting-October 23, 2003 Southold Town Board of Appeals III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 10:30 a.m. A. and S. Waggoner#5410. Request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's May 30, 2003 Notice of Disapproval, for proposed additions/alterations to the existing dwelling at less than 40 feet from the rear property line, at 1695 Wickham Avenue, Mattituck; 1000-140-1-1. Possible adjournment to to extend hearing time requested due to untimely mailings and posting of sign by application as required under Ch. 58. 10:40 a.m. J. Parker Wickham #5403. Request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's May 30, 2003 Notice of Disapproval, for proposed alterations to existing dwelling within 40 feet from the front property line, at 710 Park Avenue Ext., Mattituck; 1000-123-8-28.5 Agenda continues (see afternoon session). Resolution to adjourn, reconvening at 1 p.m. * ************************* ************ ********************* 1 p.m. Resolution to reconvene. Carryovers, if any, from morning session. III. PUBLIC HEARINGS, continued: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:00 p.m. Omnipoint Communications, Lessee (George L. Penny, Inc., Owner) #5357. (Carryover from 8/21: standards for a "use" variance and related were submitted by attorney as requested). Based on the Building Department's April 1, 2003 Notice of Disapproval, applicant requests: (1) an Interpretation of Section 100-162 for reversal of the Building Department's Notice of Disapproval, or (2) alternatively, a Variance under Section 100-162 for the location of a proposed telecommunications tower at less than 300 feet from historical properties (1000-141-3-35 and 1000-141-3-39) listed on the Society for the Preservation of Long Island Antiquities Inventory of Southold Historic Properties. Location: 12585 Sound Avenue, Mattituck; Parcel 1000-141-3-38.1. (Letter received from applicant's attorney requesting determination on Appeal for Interpretation; also possible adjournment expected to be requested by fax from attorney for hearing date of Dec. 18th) Page 5—Agenda updated 11/23/04 3:25 PM Regular Meeting -October 23,2003 • Southold Town Board of Appeals PUBLIC HEARINGS, continued from Agenda Item III, P. 4: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 1:20 p.m. J. Ann Piqnato and Maria Regina #5415. Request for a Variance under Section 100-33, based on the Building Department's May 19, 2003 Notice of Disapproval, for a proposed accessory garage in a yard other than the rear yard, at 28545 Main Road, Orient; 18-6-24.3 1:30 p.m. Paul Sennet#5402. Request for a Variance under Section 100-242A, based on the Building Department's June 27, 2003 Notice of Disapproval, for a proposed porch addition at less than 35 feet from the front lot line and rear lot lines, at 450 Richmond Road East, Southold; 135-3-7. 1:40 p.m. Howard Meinke #5400. Request for a Variance under Section 100-244, based • on the Building Department's May 30, 2003 Notice of Disapproval, for approval of the "as- built" setback location of a deck and hot tub addition at less than 40 feet from the front lot line, at 2130 Broadwaters Road, Cutchogue; 104-9-13. 1:50 p.m. Priscilla Reilly #5404. Request for a Variance under Section 100- 242A, ref. 100-244B, based on the Building Department's June 13, 2003 Notice of Disapproval for a two-story addition at less than 10 feet on a single side yard and less than 25 feet for total side yards, after demolition of an attached garage, at 865 Old Shipyard Lane, Southold; 64-5-20. 2:00 p.m. Paul Stetz#5401. This is a request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's June 16, 2003 Notice of Disapproval. III. Applicant proposes a stairway and landing addition with rear yard setback at less than 35 feet, at 270 North Sea Drive, Southold; 54-5-50. 2:10 p.m. Gerard and Karen Diffley#5431. This is a request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's August 1, 2003 Notice of Disapproval, amended September 3, 2003. Applicants propose a second-story addition at less than 35 feet from the front lot line, at 432 Lupton Point Road, Mattituck; 115-11-1. 2:20 p.m. Rita Jones #5414. This is a request for a Variance under Section 100-244B, based on the Building Department's July 11, 2003 Notice of Disapproval for a new addition which is an expansion into the single side yard setback which is less than 10 feet, and total side yards less than 25 feet, at 1335 Island View Lane, Greenport; 57-2-15. Page 6—Agenda updated 11/23/04 3:25 PM Regular Meeting-October 23, 2003- Southold Town Board of Appeals PUBLIC HEARINGS, continued from Agenda Item III. P. 5: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 2:30 p.m. H. and D. Sutherland #5412. This is a request for a Variance under Section 100-242A, ref. 100-244B, based on the Building Department's May 30, 2003 Notice of Disapproval for a handicap ramp and deck addition with a single side yard at less than 10 feet and total side yards at less than 25 feet, at 3715 Stillwater Ave., Cutchogue; 136-2-12. 2:55 p.m. Michael and MarvEllen Cirrito #5417. This is a request for Variances under Sections 100-242A (ref. 100-244B) and 100-239.4B, based on the Building Department's July 15, 2003 Notice of Disapproval, for proposed additions/alterations at less than a single side yard of 10 feet and less than 75 feet from the bulkhead, at 7625 Nassau Point Road, Cutchogue; 118-4-4. End of hearings. Public meeting continues: IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions - hearings concluded, Item III list (above). B. Special Meeting 6:00 PM 11/6/03: agenda items may include continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. New business. D. Resolution to authorize advertising of new hearings for 11/20/03 Reg. Mtg. E. Resolution to approve Minutes of Special Meeting held October 9, 2003. F. Discussion/Possible Resolution: Recent update/Court Determination, ZBA#4537. G. Discussion/Possible Resolution: Request for Special Counsel (matters in litigation). H. • V. POSSIBLE EXECUTIVE SESSION (pending litigation). • Prep.6/15 AGENDA REGULAR MEETING TUESDAY,JUNE 22,2004 9:30 a.m. Call to order. I. STATE ENVIRONMENTAL QUALITY REVIEW DETERMINATIONS (SEQRA): RESOLUTION declaring the following Negative Declaration with No Adverse Effect for the following projects as applied: Type II Actions(No further steps-setback/dimensional/lot waiver/accessory apartment/bed and breakfast requests noted below at III) II. POSSIBLE DELIBERATIONS/POSSIBLE DECISIONS on the following applications: Pending Deliberations/Decision (hearing concluded 5/20/04): STEVE VESEY and CHERYL SCHLITT#5529. Request for an Interpretation of Sections 100-242A and 100- 244, reversing the Building Inspector's April 9, 2004 Notice of Disapproval, and/or in the Alternative a Variance concerning proposed additions to the existing dwelling with total side yards at less than 35 feet, and a single side yard at less than the code required 20 feet. Location: 370 Dogwood Lane, East Marion; CTM 38-5-3. III. PUBLIC HEARINGS: Written testimony in lieu of extensive oral testimony is requested and appreciated. All testimony shall be limited to zoning issues properly before the Board. 9:30 AM DEBRA VICTOROFF#5334. Request for a Variance under Section 100-244, based on the Building Department February 11,2003 Notice of Disapproval,amended April 20,2004. Applicant proposes a dwelling less than 35 feet from the front property line and less than 35 feet from the rear lot line,at 445 and 505 Dogwood Lane,Southold; CTM#54-5-55 &29.1 (as one lot). 9:35 AM STEVE AXELROD and SANDRA SCHPOONT #5502. (Adjournments by applicant from 4/22 and 5/20). This is a request for a Variance under Sections 100-242A and 100-244, based on the Building Inspector's February 6, 2004 Notice of Disapproval, concerning proposed additions and alterations at less than 10 feet on a single side yard and less than 25 feet for combined side yards, at 630 Ruch Lane, Greenport; CTM 52-2-26. 9:40 AM JOAN A. SAUNDERS #5537. Request for'a Variance under Section 100-92, based on the Building Department's January 20, 2004 Notice of Disapproval. The applicant is proposing a lot with an area of less than 20,000 sq. ft., in a pending lot line change application,with a single side at less than 10 feet and total side yards at less than 25 feet. Location of Property: 1095 Franklinville Road, Laurel; CTM 125-2-3.1 and 4.1. 9:45 AM JEANNE VANBERGEN #5535. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's March 31, 2004 Notice of Disapproval, concerning a proposed addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase in the degree of nonconformance, and Section 100-244 requires a minimum front yard setback of 35 feet. Location of Property: 555 Horton Avenue, Mattituck; CTM 141-1-26. Page 2—Agenda(updated 11/23/04 3 20 June 22,2004 Regular Meeting Southold Town Board of Appeals 9:50 AM DAVID AND JANE STARWOOD #5534. Request for a Variance under Section 100-239.4B, based on the Building Department's April 8, 2004 Notice of Disapproval, concerning an as-built deck addition at less than 75 feet from the bulkhead, at 175 Sun Lane,Southold; CTM 76-1-13. 9:55 AM ELEFTERIOS MOUROUNAS#5543. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's April 5, 2004 Notice of Disapproval concerning a proposed addition to the dwelling existing in a nonconforming location. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase the degree of nonconformance, and Section 100-244 requires a minimum 35 ft.front setback. Location of Property: 985 Central Drive, Mattituck; CTM 106-2-27. 10:00 AM BRYAN VILLANTI and INGER BOYAJIAN #5540. Request for a Variance under Sections 100-242A, 100- 244, and 100-239.4B based on the Building Department's April 28, 2004 Notice of Disapproval concerning a proposed deck addition. The reasons stated are that Section 100-242A and Interpretation in Appeal #5309 does not permit new nonconformance or increase the degree of nonconformance, that Section 100-244 requires front and rear setbacks at a minimum of 35 feet and lot coverage at less than 20% for all building area, and that Section 100-239.4 requires a minimum 75 ft. setback from the bulkhead. Location of Property: 2400 Bay Avenue, East Marion; CTM 31-16-8. 10:05 AM THOMAS and LAURA NIGRO'#5536. Request for a Variance under Sections 100-31C, 100-243 and 100- 33, based on the Building Department's March 15, 2004 Notice of Disapproval concerning a new deck to be added to an existing non-conforming accessory guest house. Section 100-243 states that a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. Section 100-31C states that a guest house is not a permitted use. Section 100-33 requires accessory buildings to be located in a rear yard, instead of a front yard. Location of Property: Montauk Avenue, Fishers Island; CTM 10-7-5. 10:10 AM KEVIN and SUSAN FERRELL #5538. Request for a Variance under Section 100-239.4A based on the Building Department's April 19, 2004 Notice of Disapproval, amended May 18, 2004. Applicants propose a deck addition and above-ground pool at less than 100 feet from the top of the Sound bluff, at 130 Lloyds Lane, Mattituck; CTM 99-3-4.6. 10:15 AM JOHN WOLLEBEN #5539. Request for a Variance under Section 100-33C, based on the Building Department's January 26, 2004 Notice of Disapproval. Applicant proposes to demolish an existing building and to construct a new garage at less than 35 feet from the front lot line, at 705 Bridge Lane, Cutchogue; CTM 118-2-8. 10:20 AM GRAHAM HEAD #5541. Request for a Variance under Section 100-30A(3), based on the Building Department's May 3, 2004 Notice of Disapproval, concerning new additions at less than 15 ft. minimum on a single side, at 1160 Goose Creek Lane, Southold; CTM 78-8-5.1. (6/14 letter from P. Maloney for adjournment; Resolution to open hearing, receive testimony, and adjourn for continuation on July 15th at 11:20 a.m. 10:25 AM DOMENICO RACANELLI#5542. Request for a Variance under Section 100-244, based on the Building Department's May 4,2004 Notice of Disapproval concerning a proposed dwelling with attached garage at less than 35 ft. from the front and rear lot lines, and less than 10 feet on a single side yard, and with lot coverage in excess of the code limitation of 20%for all building area. Location of Property: 3300 Manhasset Avenue, Greenport; CTM 43-4-19. Ppage 3—Agenda(updated 11/23/04 3:26 . June 22,2004 Regular Meeting Southold Town Board of Appeals 10:30 AM ELAINE NESIN. Location of Property: 875 Gull Pond Lane, Greenport; CTM #35-4-28.42. Request for Variances under: #5548. Based on the Building Department's May 25, 2004 amended Notice of Disapproval, for relief of Condition #4, ZBA Appl. #2480 (Sarah Rausch) which Special Exception application was granted for dockage and mooring privileges for two yachts, with an agreement in 1978 to covenant be filed with the County Clerk, including a restriction that this property is prohibited for residential use, without prior Board of Appeals approval (The Special Exception authorized a shower, bulkhead, ramp and mooring float as requested); and #5533. Based on the Building Department's April 23, 2004 Notice of Disapproval, Section 100-239.4B, for a dwelling proposed at less than 75 feet from the bulkhead. 10:40 AM JOHN J. CARWAY #5546. Request for a Variance under Section 100-244, based on the Building Department's May 24, 2004 Notice of Disapproval concerning a proposed deck at less than 35 feet from the rear property line, at 1350 Smith Drive North; CTM #76-2-9. 10:45 AM RIVERHEAD BUILDING SUPPLY #5544. Request for a Variance under Section 100-205.1C, based on the Building Department's February 3, 2004 Notice of Disapproval for placement of a (third) wall sign, at 74500 Main Road, Greenport; CTM 46-1-2.3. Zone District: Light Industrial Office. 10:50 AM PATRICIA BUERKLE #5545. Request for a Variance under Section 100-242A (ref. 100-244), based on the Building Department's May 3, 2004 Notice of Disapproval. Application proposes to construct a new porch with a setback at less than 35 feet to the front lot line,at 340 Private Road#3,Southold, CTM #70-6-5.1 11:05 AM SOUTHOLD FIRE DISTRICT/OMNIPOINT COMMUNICATIONS, INC.#5547. Request for a Variance under Section 100-1162B.3, concerning a new tower, proposed to replace the existing tower at a height in excess of the code's height limitation. The Building Department states that the antenna projects higher than 20 feet above the average height of 23 feet of buildings within 300 feet of the facility. The applicant is proposing 63 feet in height Location of Property: 55135 Main Road,Southold; CTM #62-2-11.1. 11:10 AM BREMER'S MARKET AND DELI d/b/a NORTH FORK MARKET & DELI#5531. (Continued from 5120 PH ref. site plan updates). Request for a Variance under Sections 100-33B and 100-103A based on the Building Department's April 15, 2004 Notice of Disapproval, amended April 20, 2004, concerning the location of a proposed business building with a front yard setback at less than 100 feet from the Main Road. Location of Property: 11155 Main Road, Mattituck; CTM 142-2-22. IV. OTHER RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Possible deliberations/decisions-hearings concluded, Item III list(t/b/d). B.Special Meeting 6:00 PM 7/3104: agenda items may include work session; continued work reviews of new files for future calendars; possible findings/decisions on carryovers. C. New business. D. Resolution to authorize advertising of new hearings with complete submissions for 7115/04. V. POSSIBLE EXECUTIVE SESSION (t/b/d; litigation). 1 '4016 ��i i j;J,- sF .�,.,...- .-, r a... ���� == ,.�{ t.:T�©:w=n.`:o�..Sout . ,. az.. ���a:,a:.,:L'Y :.� :T7'7 M4,77'�+47 tea:;` ,t ,' -H ^. -. •App::Name.,;,:Tax,Map' Fil Nei: II s �n' ;s :,a !i-;,,'-'1,'-', - - . . ��� ern ger ehri Search:: � _ -__ _ ; � _ �. .BoardM ber erard P G -;:.''',is;', ' ,,,. .y. , • .. `.,`'". -,r:--.!:-,-,,,--:!., .•.1 _ i,-7.--71-:.-.,..,„=,-.-," „a thee` h�, E .a Heari :Time: 9:30:)0 qM 5;, rd,, - :E'. 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