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HomeMy WebLinkAbout5495 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 http:#southoldtown.nor th fork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8, 2004 ZBA Ref. #5495-ARTHUR and RUTH VENTURA ~'"~~. ~ Property Location: Sound View Road, Orient 31~Ufhold t,,,,old Town ¢lerl~ CTM 15-3-46 (Orient By the Sea). SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 22,572 sq. ft. lot is vacant and has 100 fl. frontage along the north side of Sound View Road, lot depth of 232.76 along the west side, and 102.21 ft. frontage along the apparent high water line of the Long Island Sound. BASIS OF APPLICATION: Building Inspector's December 23, 2003 Notice of Disapproval, citing Code Section 100-239.4A(1 ) in its denial of a building permit application concerning the location of a proposed dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 18, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants wish to construct a dwelling at 80 feet from the top of the bluff, at its closest point, as shown on the map prepared by Joseph A. Ingegno, Land Surveyor, dated October 18, 2001, revised February 18, 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The line along the top of the bluff varies, widening at the easterly section of the property. The closest measurement to the top of the bluff is 80 feet, measured from the northeast corner of the proposed deck construction, which is a greater setback than dwellings already established in the area. Page 2 - April 8, 2004 ZBA No. 5495 - Arthur and Ruth Ventura CTM 1000-15-3-46 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant,fl~:l~ursue,.other than an area variance due to the proposed dwelling's proximity to a steep bluff. The house will meet the code-required minimum for front and side yard setback requirements. 3. The vadance granted herein is substantial. The requested 80 ft. bluff setback is a 20% reduction from the code-required minimum 100 ft. setback. 4. The difficulty was self-created. Although the upland area of the lot is limited for building purposes, the code setback requirements have been in effect for many years. 5. No evidence has been submitted to suggest that the requested variance in this community of residences and waterfront land will have an adverse impact on the physical or environmental conditions in the neighborhood. The written evaluation prepared by the Suffolk County Soil & Water Conservation District dated March 12, 2004 states the land is heavily vegetated, and that the land above the bluff face is relatively flat. During construction, the applicants will install the necessary drywells, gutters and downspouts to contain water and to prevent runoff towards the bluff. 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 Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the map prepared by Joseph A. Ingegno, Land Surveyor, dated October 18, 2001 and revised February 18, 2004, and shown on the construction diagrams dated February 18, 2004 prepared by Surer and Suter, Architecture, following the recommendations dated March 12, 2004 prepared by the Suffolk County Soil & Water Conservation District for proper containment of water and prevention of water runoff. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva%(Chairwoman, Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0U~.~. ~.,~-~ ~-~-~.~ t~ i ~. c-, Ruth D. Oliva, Chairwoman 4/15/04 Approved for Filing cO~,S~ z 34 TEST HOLE DATA SURVEY OF ] RYDER LANDING MAP OF ORIENT BY THE SEA SECTION TWO FILE No. ~;444 FILED OCTOBER 26. 1961 SITUATED AT ORIENT POINT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-03-46 SCAt../ 1"--40' OCTOBER 18, 2001 JANUARY 29, 2002 REVISED PROPOSED PLOT PLAN AUGUST 27, 2002 RE-LOCATED TEST HOLE MARCH 18, 200.3 REVISED PROPOSED HOUSE JUNE 14, 2005 REVISED PROPOSED SEPTIC SYSTEM DECEMBER 10, 200.3 REVISED PROPOSED HOUSE FEBRUARY lB, 2004 REVISED PROPOSED HOUSE AREA = 22,572.02 sq. ff. (TO TIE LINE) 0.518 OC. RECEIV~-~- FE~ 2 P 7094 N.Y.S. Lic. NO. 49~ A. Ingegno Surveyor ~ONE (651)727-2090 Fox (631)727-1727 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 18, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 18, 2004, at the time noted below (or as soon thereafter as possible): 11:10 a.m. ARTHUR and RUTH VENTURA #5495. This is a request for a Variance under Section 100-2239.4A(1), based on the Building Department's December 23, 2003 Notice of Disapproval concerning the location of a proposed dwelling at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at (No #) Sound View Road, Orient; CTM 15-3-46 (Orient By the Sea). 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: February 23, 2004. BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL REC6!VED FEB 0 ~ 2004 ZONING BOARD OF APPEALS DATE: December 23, 2003 TO: Arthur and Ruth Ventura 54 Willow Ridge Drive Smithtown, NY 11787 Please take notice that your application dated December 23, 2003 For permit for construction of a new single family dwelling at Location of property: Sound View Road, Orient County Tax Map No. 1000 - Section 1~5 Block3 Lot 4(; Is returned herewith and disapproved on the following grounds: The proposed construction, on tiffs non-conforming 25,178 square foot lot, is not permitted pursuant to Axticle XXIII Section 100-239.4 A(1) which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluffor bank." The proposed construction notes an 80-foot setback from the top of the bluff. ~d~(ature~_Tot~''617~age w~ than~~..percent. ~ 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. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $~__~l~fL) Filed By:_ Date Assigned/Assignment No. Office VENTURA, ARTHUR & RUTH ($PITALIERI) NEW HOUSE - BLUFF SETBACK 5495 LT SOUND VIEW ROAD ORIENT 15-3-46 Parcel Location: House No. Street Hamlet SCTM 1000 Section~Block~.~Lot(s) ~:~ Lot Size ..2f',/?~ Zone District I (gVE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Applicant/Ow'ncr(s): ./~ ~/~. ~ ~r~/ ~~9 Mailing Authorized Representative: Add.ss: ' Telephone: ~,~/ ~ Please specify who you wish correspondence tO be mailed to, from the above listed namrs: '~Applicant/Owner(s) [3 Authorized Representative [3 Other: ,VItEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION FOR: ! FEB 0 2 2004 ~1' Buiiding Permit [3 Certificate of Occupancy [] Pre-Certificate of OccupancyI [] Change of Use [zonlnal BOARD OF nPPEAL~ [] Permit for As-Built Construction Other: Provision of thc Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article ~ nv/// Section 100-..7.:?~. / Subsection ~/ ~/) Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] has ~ has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application I F~ 0 ~ ~004 ~ ~OARD OF AP~PEALs Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a defrlmenffonearbyproperlles, lfgranfed, because: ~'/~= ~r ~,s,~- ,~;eo,~ ~/~- ,~',~,,~,'~ (2) The benefit sought by the applicant CANNOT be achleved by some method feasible for the applicant fo pursue, other than an area variance, because: ~ ~u~ ~0 ~ ~ (3) The amount of relief reque~ed is not subsfan~al because: ~ ~r~ ~ ~ (4) The valance will NOT have an adverse effect or Impact on f~e physical or enviro~mental conditions in the neighborhood or dlsMct because: ~. ~ /: ~ ~ ~ (5) Has the valance been self-created? ( ) Yes, or (~) No. If not, is the cons~ucflon existing, as built? ( ) Yes, or (~) No. (6) Additional Information about the surrounding topography and building areas that relate to the dlEIcully In meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM fhaf Is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safely, and welfare of the community. { ) Check this box and complete PART B, Questions on next page fo apply USE VARIANCE STANDARDS. (Please consult your attorney.) Ofhe, swlse, please proceed, Jo the sl.clnalure and notary area below. ~/_ ~., ~_.,_~ Signature of Appellant or Authorized Agent Sworn fo before me fhls ~o ~ ~ (Agent must submit Aufhor~a~on ~om Owner) dav of. ~.~.C~..., 200~. (Nofa~ Public) -- ZBA App 9/30/02 TOWN OF SOUTHOLD PROPERTY RECORD CARD I lOoo OWNER LAND IMP. TOTAL ST-R~ET VILLAGE ACR. TYPE OF BLD. PROP. CLASS DATE REMARKS LOT FRONTAGE ON WATER FRONTAGE ONROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://sout holdtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 16, 2004 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 Mr. and Mrs. Arthur Ventura c/o Mr. Joseph Spitaliere Main Road P.O. Box 552 Southold, NY 11971 Re: Appl. No. 5495 - A. and R. Ventura Variance Request Dear Mr. Spitaliere: Please find enclosed a copy of the determination rendered by the Board of Appeals at its meeting of April 8, 2004. 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 with any other documents that may be requested by the Building Department for final reviews. Thank you. Very truly yours, Enclosure Copy of Decision 4/16/04 to: Building Department Linda Kowalski RECEIVED FEB ~ 0 ~004 ZONING BOARD OF APPEALS TRANSMITTAL WITHOUT COVER LETTER DELIVERED .ff / 2~/20q~ TO ZBA OFFICE / 1 ELIZABETH A. NEVII.LF. TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOILMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville, Southold Town Clerk February 3, 2004 Zoning Appeal No. 5495 Transmitted herewith is Zoning Appeal No. 5495 of Arthur and Ruth Ventura for a variance. Also included is: Notice of Disapproval dated December 23, 2003; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure Form; Short Environmental Assessment Form; copy of building permit application; and survey. Page 3 of 3 - Appeal Application 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): 1. Appticant cannot realize a reasonable return for each and every permiffed use under the zoning regulations for the particular district where the property Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply fo a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character o! the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safely and welfare o! the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessmy.) ('Jr') Check this box and complete PART A, (~uestions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to thw slanature and ~lotary area below. Signature of Appellant or Authorized Agent Sworn to before me this ~3o (Agent must submit Authorization from Owner) uay o, .-~.¥~t~e~l.o~t~ew York (Nofa~ PubliC) ;~f,~:~'~ember ........ 30," '20~ ~A App Appendtr C State Environmental Quality Revie~ SHORT E~RO~ENT~ ~SESSMENT FO~ For ~ISTED A~IONS Only P~T I - Project ~o~ation (To be complete by Applic~t or Project spewer) ~. Ap~ti~at / Sponsor 2. Pmj~t Name 3. Project location: Municipality County 4. Precise location ($~-eet address and road interse~ons, prominent landmarks, etc. or provide map) i'~) NEW ( ) EXPANSION ( ) MODIFIOATION ! ALTERATION 6. Descdbe project bdetiy: 7. Amount of land affected: jlnJtiatiy: acres; Ultimatety: acres 8. Will proposed act;on comply wi~h existing or other existing land use restrictions:( ) YES ( ) NO If No, describe booty: 9. What Is present land use in vicinity of pmjecl: (describe): I('~ Residential ( ) Industrial ( ) Commercial ( )Agricultural ( ) Park/Forest/Open Space ) Other 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? (~ YES ( ) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit ar approval? L(~ YES ( ) NO If Yes, Iisi agency(s) and permit/approvals: 12. As a result of proposed action, wtil ox~sting permit/approval require modification? ) YES ('~ NO if Yes, list agency(s) and permit/approvals: I certify that the Information provided above is true to the best of my kn, owledge ppllcant / Sponsor Name: ,,,,"~,,~ ~.~/u'~ ~;~.v'~'-u",~// Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessma~ PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): FEB 0 2 2004 ZONING BOARD OF APPEALS I. If building is existing and alterations/additions/renovations are proposed. A. Please give the dimensions and overall sguare footage of extensions beyond existing building: Dimensions/size: At/`/? 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: 5/,~/ X ~ Square footage: II. If landis vacant: Please give dimensions and overall square footage of new construction: Dimension/size:- /r/~/)~ ~/~ Square footage: ~00 Height: ~ ~ ' IlL Purpose and use of new constraction requested in this application: IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the pr°p°sed new c°nstmcti°n' 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. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATIO~ Is the subject premises listed on the real estate market for sale? [3 Yes {~ No RECEIVED FEB 0 2 2004 ZONING BOARD OF APPEALS Are there any proposals to change or alter land contours? [] Yes lgNo 1) Are there any areas that contain wetland grasses? d/~ 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed betw~een/lhe wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you,contacted the office of the Town Trustees for its determination of jurisdiction? '¢~J/7 Is there a depression or sloping ele/vation near the area of proposed construction at or below five feet above mean sea level? a/,/~V (If not applicable, state "n/a".) Are there any patios, concrete barriers, bulkheads or f~/c~s that exist and are not shown on thc survey map that you arc submitting? /t/~/Z (If none exist, please stat~ F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? where or submit copies of deeds. H. Please list present use or operations conducted at this parcel ~9~) 7'- and proposed use ..~ff'~,~-~' If yes, please explain Authorized Signature arid ^PmC^NT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and emolovees. The pumose 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: ,4~7',qa'~ ~' ~77-/ //~,~,/~'o/,~,,~ (Last name, first nan~e, middle initial, nnless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: FEB 0 2.004 ZONING BOARO OF APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO 7 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 Toxvn 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 Signature: Print Nmne: ARTHUR & RUTH VENTURA 54 Willow Ridge Dr. Smithtown, New York 11787 631 265 3226 Fax 516 676 02~8 February l7, 2004 Board of Appeals Southold Town Hall 53095 Main Rd. Southold, New York 11971 RECEIVED FEB 1 8 2004 ZONING BOARD OF APPEALS Re: #5495 Ventura Enclosed are 7 copies of Board of Town Trustees letter of non jurisdiction for the above referenced property. An updated letter will be filed as soon as final plans are completed. Arthur Ventura TOWN OF S(IUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ., 20 PERMIT NO. Approved Disapproved a/c Expiration BUILDING PE'I~IT APPLICATION CHECKLIST Do yo~ve or need the following, before applying? /~ Board of Health__ q ~'~3 sets of Building Plans_ ~....Planning Board approval '-. 'SurveK 7~',Check ,ye ~Septic Form ~ N.Y.S.D.E.C, x: Trustees Contact: /~7~ ,20f · Mail to: APPLICATION FOR ou~i~ r~vn~ . ~., Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zohing amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new pemfit shall be. required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildmgs, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or narn~ if a corporation) · (Mailing add~ess of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises .~'7"~ . ~'~q (As on the tax roll or latest deed) If applicant is a corporation, signature of duly author/zed 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~)oo,,~/Oon~..w-hich propo, s,~/~/~,.work~,.w'~¥?e.. done: House Number Street ' County Tax Map No. 1000 Subdivision (Name) Section Hamlet /..5" Block O Filed Map No. Lot Lot 2. State existing use and occupancy of premises and in)ended use and occupancy of proposed constraction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost "P";P~o, ~t~O Fee 5. If dwelling, number of dwelling units If garage; number of cars J Addition Other Work Alteration (Description) (To be paid on filing this application) ?? Number of dwelling units on each floor 6.' If business, commercial or mixed occupancy, specify nature and extent of each type of use. ,~,~ 7. Dimensions of existing structures,~ any: FrOfi~ Rear ~Depth Height Number of Stories / Dimensions of same structure with alterations or additions: Front .~/~,,~2 Rear Depth Height. Number~--of Stories 8. Dimensions of entire new construction: Front ~/if Rear ~"~ Depth Height ..2 ,~ Number of Stories 9. Size oflot: Front //a~O Rear /O~P Depth ~2~ 7' 10. Date of Purchase ~,//~ .~,//~ ~2- Name of Former Owner ~0~ o ~ Z. 11. Zone or use dis~ct in which praises ~e simm~ ~/~ ~ ~ ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO __ 13. Will lot be re-graded? YES b/~O__Will excess fill be removed from premises? YES NO 14. Names of Owner of pr.emises /~,~, ~,-o,~ ~0 Address.-~,rar~o,O M~'//~t? Phone No. Name of Architect ,~r~ ,5"~,~-~,~ Address~.,P. honeNo ~.~/ ~ST_~' ~7~' NameofContractor ,~7',r~,~, -q',,~4"~,~t~-~) ___Address ,~,'/I,~* PhoneNo. ~9/ ~4-- ~/~' 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES )~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on surve, y. STATE OF NEW YORK) SS: COUNTY,~/OF )/Z, "'" "'" ,,,/-/~ ;r?Vd~ t~/~,~ 7-ot,~_.~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed thc said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this oP.. 3 &d day of Ji(2*~,. 20 o,3 otary~%bli~ t- - Signature of Applicant UNDA J. COOPER Notary P.u.blico State of New York No. 4822563, Suffolk Cou. n,~ NOTICE OF DISAPPROVAL TO: Arthur and Ruth Ventura 54 Willow Ridge Drive Smithtown, NY 11787 Please take notice that your application dated December 23, 2003 DATE: December 23, 2003 For permit for construction ora new single family dwelling at Location of property: Sound View Road, Orient County Tax Map No. 1000 - Section t~5 Block3 Lot 4__~6 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 25,178 square foot lot, is not permitted pursuant to Article XXIII Section 100-239.4 A(1) which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." The proposed construction notes an 80-foot setback from the top of the bluff. Tota tlgf~cov~ ~4H-bZ-I~than 20 percent. ///~~~ d 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. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/03/04 Transaction(s): Application Fees ReceiptS: 2181 Subtotal $400.00 Check#: 2181 Total Paid: $400.00 Name: ClerklD: Ventura, Arthur & Ruth P O Box 234 16740 Main Street New Suffolk, NY 11956 LINDAC Internal ID: 88854 DEPARTMFNT OF' PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNT'( EXECLmVE April 26, 2004 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) J & C Holdings* Trencheny, Joseph Stufano, Mark Mangus (Gary) and Meyers (Miriam) Bancroft, Martin J. Jr.** Suter, Don & Irene Willot, Richard & Nancy Ventura, Arthur and Ruth** Setaro, Joseph & Frances 5419 5453 5461 5475 5484 5489 5491 5495 5496 *Alternative relief appears warranted consistent with appropriate developmental restrictions, particularly as set forth by the Z.B.A. **Premises should be encumbered by appropriate developmental restrictions, particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning GGN:cc G:\CC HO RN Y~.ONIN G~ZO NIN GIW ORKIN G\LO2004~,PR~S D 5419,APR S/s Gerald G. Newmitn Chief Planner LOCA]]ON MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P, O. BOX 0 I00 · f5 I O) B53-5 190 I O0 VL~TERANS MEMORIAL HIGH~VAY HAUPPAUGE, NY I 1788-0099 TELECOPIER (5 I 6) 853-4044 APPEALS BOARD MEMBER~ · Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631 ) 765-1809 ZBA Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 23, 2004 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed for your review, the following decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R - STATE OR COUNTY ROAD W -WATERWAY (BAY, SOUND, OR ESTUARY) B - BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED/VARIANCE R W B 5419 J&C HOLDINGS NEW DWELLING - FRONT YARD & BLUFF SB X 5453 TRENCHENY CHANGE 1 ~ STY TO 2 STY HOME - SYSB X 5461 STUFANO NEW HOUSE- REAR YARD SETBACK X 5474 MANGUS ADDN/ALT- SiDE YARD & BULKHEAD SB X 5484 BANCROFT LAP POOL- SiDE YARD LOCATION X 5489 SUTER RELOCATE & ADDN GAR - F/SY & LOT CVRG X 5491 WILLOTT CARPORT ADDN - REAR YARD SETBACK X 5495 VENTURA NEW HOUSE- BLUFF SETBACK X 5496 SETARO ADDN'S / ALTS - SYSB If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Boger~ Enc. ~ cc: ZBA Staff A CONVERSATION LOG PERSON/GROUP NAMES DATES MET TIME/ DATE DISCUSSED RECIUESTED, PROMISED FOLLOW~tJ~I~,TES ZONING BOARD OF APPEALS ..... TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as o00- - COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the--~'/;~" day of ,')'ff~.4 ~-~-! ,200 , I personally placed the Town's official Poster with the date of headng and nature of my applipation '. noted thereon, seCUrely upon my property, located ten(10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Pos, ter has remaine~d in place for seven days prior to the date of the subject heanng date, wl3~:i~/ea~rg~/te'~yes shown to be ( Sj~'n at'u r e) Sworn to befo£~e m? this i '7 day of IVl~.- ,200ff. · LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01ao6020932 Qualified in Suffolk County Term Expires March 8, 20o_~. *near the entrance or driveway entrance of my properly, as ttie area most visible to passersby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PS Fo 3. Sew~e Type n ~ Mell E3 F-XlXe~ M~I [] Regi~m~d [] Return Receipt for Memhandise [] Insa~d Mal~ n C.O.D. 4. Rest~cted O~lve~' ~_x~a Fee) OYes FROM : NRCS/SWCD RiverHead PHONE NO. : 6317273160 COUNTY OF SUFFOLK Mar. 15 200d 01:00PM P3 Ruth D. Oliva, ChairWOrman Town of Southold Board of Appeals 53905 Main Road, P.O. Box 1179 Southold, New York 11971-0959 3/12/2004 Dear Ms. Oliva: We have completed a site inspection of the parcel owned by Ventura on Sound View Road in Orient, ZBA #5495, TM #15-3-46, a~ you have requested. Our site visit was done on March 11, 2004. The bluff face is vegetated with annual weed cover, grasses, vines and shrubs. Steep slopes on the upper half include an overhanging lip. There are glacial erratics scattered about the toe, on the beach and on top of the bluff. At the toe of the bluff, there are many downed trees, branches and debris that have been washed up by the tides. High tide appears to be about ten to fifteen feet from the toe of the bluff. Storm tides will reach the toe. No toe stabilization was present on this parcel or any of the surrounding parcels. Evidence of tree cuttings, leaves and grass clippings are bein9 thrown over the bluff top onto the face of the bluff. The land above the bluff face is relatively flat and a little more than about half of the lot elopes towards the bluff face. soils on this parcel are mapped as; (HaA with escarpments) Haven loam with zero to two percent slopes and steep bluffs, and (Bc) Beaches. Haven loam is a prime farmland soil that is excellent for any commonly grown crop on Long Island. Limitations of this soil are considered slight for homesites, lawns and landscaping and sewage disposal fields. Sewage disposal fields present a higher limitation by possibly causing pollution to nearby waterbodies or wells due to rapid permeability of this soil when placed in close proximity. 423 GRIFFING AVENUE SUITS 110 F~OM ~ NRCS~SWCD Riw~h~a~ PHON~ NO. : 6317275160 Ma~. 15 2004 01:00PM P4 The proposed house plan shows it would be placed eighty feet from the bluff top edge and set back forty feet from the road. Roof runoff from the rear of the house and deck would be a significant increase over the existing wooded condition. To alleviate most of this water, gutters and downspouts should be installed with drywells at each downspout to infiltrate into the g~ound. This is included on the Plan View. Runoffwater fi-om the deck can best be infiltrated by installing gravel on top of landscape cloth beneath the deck. Infiltration may be an issue for the cesspool and drywells according to the soil profile provided on the plan. The appearance of clays in th~ soil will impede the ability of this soil to infiltrate the wastewater or ru~offwater. Coarse sands were not reached until twenty-eight feet below the surface. This is at the Test Hole however, and soils at the cesspool location or drywells may differ. The shape of the bluff should be stabilized to a natural angle of repose, which is no more than a one to one dope. This may be done by euttlng back the vertical to overhanging lip. This will also effectively shorten the distance between the bluff top edge and the proposed house. Surface water runoff should be directed away from the bluff face. This may be done by adding a low berm along the bluff top edge, planted to a permanent cover. Any bare areas on the bluff face should be planted with 'Cape' American Beachgrass. Information about this grass and where to purchase it may be obtained from our office. Yard wastes should not be thrown onto the bluff face, as this will smother existing vegetation and increase the weight bearing on the sand surface making it easier to slough off. The rear yard should be planted to a permanent vegetative cover such as grasses or ground covers. Location of the proposed well is at a sufficient distance from the cesspool of both this proposed home and the existing neighbors. However, surfece water runoff from the front of the proposed house flows towards this point. ALso note that since the well is located next to the mad, road salting will affect the well. Another problem with this location may be its proximity to the neighboring well. During pumping, the drawdow'n from each may affect one another if not addressed. If you have any further questions, please feel free to contact us again. Respectfully, Paul TeNyanhuis, Senior Soil Di~triet Technician OFFICIAL USE ONLY Checklist for new projects: VENTURA, ARTHUR & RUTH (SPITALIER~ NEW HOUSE - BLUFF SETBACK 5495 LT SOUND VIEW ROAD ORIENT 15-3-46 CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY CTY TAX MAP 8 CPES - NEIGHBORS CIRCLED AND #'S WRITTEN SOIL & WATER LTR: PARCELS ON LI SOUND - Mail ASAP PB COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS include: ZBA app, NOD, & BD adp (S drive ZBA, memos) - interoffice ASAP SIGN - 2 IF MORE THAN 1 FRONT YARD MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP 58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS - top/front fldr, checklist sheet, 1st pg. appl ASSESSORS CARD PULL NOD FROM BD - 7 CPES - 1 ON FLDR RT SIDE INDEX CARD - MAKE NEW OR ATTACH / ADD ON TO OLD IF PRIOR RESEARCH PRIORS - INDEX CARDS, LASERFICHE, - 6 CPES OF DEC (1 RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or bay, sound, or estuary. Enclose ZBA app, decision, survey/map & NOD UPDATED: NEW INFORMATION: Albert J. Kxupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD February 26, 2003 Mr. & Mrs. Arthur Ventura 54 Willow Ridge Drive Smithtown, NY 11787 RE: SCTM#1000.15-3-46 Dear Mr. & Mrs. Ventura: The Southold Town Board of Trustees reviewed the survey dated October 18, 2001 and last revised January 29, 2002 and determined the proposed single-family dwelling to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, n ?-,~Z ~. /~ .~ ~' Albert J. Krupski, Jr. President, Board of Trustees AJK:lms APPEALS BOARD Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York l 1971-0959 Telephone (631 ) 765-1809 ZBA Fax (631) 765-9064 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD February 27, 2004 Suffolk County Soil & Water Conservation District County Center- 2nd FI. Room N-210 Riverhead, NY 11901-2100 Gentlemen: This Department has jurisdiction with regard to the proposed location from the bluff of Long Island Sound. A ZBA public hearing has been advertised for March 18, 2004 for the following applications: ZBA NAME SCMAP ADDRESS PROPOSAL 5484 BANCROFT 15-2-16 38099 MAIN RD LAP POOL IN SIDE ORIENT YARD LOCATION 5495 VENTURA 15-3-46 SOUND VIEW RD NEW HOUSE- BLUFF ORIENT SETBACK May we ask for your assistance in an evaluation and recommendations for this proposal, when possible? Copies of the sketch and survey are attached for your use and reference. Thank you for your assistance. Very truly yours, Jess Boger"-~ Enc. cc: ZBA Staff 16. 9:40 a.m. JOSEPH and FRANCES SETARO g5496. This is a request for a Variance under Sections 100 242A and 100-244B, based on the Building Departraent's January 22, 2004 Notice of Disapproval, last amended January 27, 2004, concerning proposed second- story additions and alterations to the existing dwelling with combined total side yards at less than 25 feet, at 3680 Stillwater Avenue, Cutchegue; CTM 137-1-13. 9:45 a.m. FREDERICK and DOR- OTHY CHARNEWS g5469. This is a request for a ,Variance under Section 100-30A.3 (ref. bulk schedule) based on the Buiithng Department's November 3, 2003 Notice of DisapproVal concerning a proposed addition with a setback at less than 50 feet from the rear propo~cy line, at 11675 Pequash Avenue, Cutebegue; CTM 103-7-16, 9:50 a.m. STEYEN SZCZENIAK #5497. This is a request for a Variance under Sections 100-33 and 100-244, baaed on the Building Department's December 10, 2003 Notice of Disapproval, amended February 12, 2004, concerning the proposed addi- tions to the existing dwelling with lot coverage execs#lng the code limitation of 20% of the lot area, and abet this new construction, the existing garage will be at the side ymd of the new addition instead of a code-~.quired rear yard, a~ 1400 Marlene Lane, Mattituck; CTM 144-2-36. 10:fi) a.m. RICHARD and NANCY ~rI~LOTF #5491. This is a request for a Variance under Section lfi)-242A arid 100-244. based on the Building Depanmont's October 17. 2003 Notice of Disapproval concenUng a proposed addition with a rear setback at less than 35 feet, at 560 Private Road #31. Southoin: CTM 77-3-21. 10:10 a.m. ROBERT and KELLY L. KRUDOP. Applicants request the followiag Lot Waivers under Section 100-26. Based on the Building Depa2nment's November 17, 2003 ~otice of Disapproval, the properties ye melged u~ler Section 100-25 due to conmmn own~'sinp with the f~st lot at any time at~r July 1. t983: ~487. To mamexge CTM 1000-96-1- 9 of 14,787+- sq. ft., from CTM ltl)0- 96-I-8 of 14,787 eq: ft. Location of Cateho~ ~-8 Of 14,787 ~1- ft. Location of Property: 50 and 250 Tathill Latl¢, 10'30 a.m. JONATHAN GII.SON at the* I~ and RF~IINA EBEL ~5498 This ia a 100-33 and 100-242A. I~sed 0n the liP, N- B~ild~ag Department's_ February 5, ~33. an accessory garage, which will become ~ nononmSonning in its existing side '. of yard location, oft~r cOmtmction of Ino- in a re~x yard. Location of Property: 1185 Idill Rdad. Mat~tuclc CTM 106- 9-8.4. 10:35 a.m. STEVEN D. AXELROD and SANDRA SCHPOONT #5500. This is a request for a Variance under Section lfi)-242A, 100-244B. concern ing proposed interior alterations in an existing dwelling which is less than 10 feet from side lot line, at 575 Ruch Lane, Soutbeld; CTM 52-3~5. 10:40 a.m. GEORGE AND DON- NA DIAKOUMAKOS #550L This is a request for a Lot Waiver under Section lfi)-26 to urmlerge Lot 40, Map of Orient by the Sea, Section One, shown as CTM 15-7-11 of 12,500+- sq. fl., from an adjacent land area of 13,765+- sq. ft., shown as CTM 15-7-10, improved with a dwelling. Location: 455 and 555 Three Waters Lane, Orient. 10:50 a.m. GEORGE PENNY IV #5493. This is a requesLfor a Vadance under Section lfi)-31C, based on the Building Department's January 23, 2004 amended Notice of Disapproval concerning a proposed horse barn qod corral on a lot winch contains less than ten (10) acres of land, thc minimum size required for keeping, breeding, rai~ing, and training of horses. Location of Property: 1150 Konny's Road, Southold; CTM 59-3-17.3 (containing 6.967 acres). Il:fi) a.m. DONAND and IRENE SUTER #5489. This is a request for Variances under Sections 1fi)-33C, 100- 242A. and lfi)-244B, based on the Building Department's July 23. 2003 Notice of Disapproval, last amended February 3. 2004. concerning: (a) pro- posed additions and alterations to the existing dwelling at less than 35 f~el from the ftonl property line and less than 10 feet from the side lot line and (b) relocation of thc existing accessory garage and pwposed addition, at les~. than 35 feet from the front property line. Location of Propony: 1150 Dean Drive. Cutehogue; CTM 116-5-14, . H:IO a.m. ARTtlUR ~d R~ VENTURA #5495. This is a n~lU~st a Variance under Se~tio~ [fi)- 2239 4A~ l),~ based on the Bitildlng Departme~t,~ Dec~mber .~3, 2003; Noiice-of Di~pprOvid cOi~i~Bg location of a propo~l dw~l'~ng at less~ adjae~.nt to the Lon~ !sland Sb~nd,.~tJ (No #~ Sound Vi6w R~d. Orient: CTM~ 15-3-46 (Orient By the S~) 11:20 a.m.,Miilll~N andl$~./a- LA WIGGI~. This ia a~n~ o~ the Euilains ~petun~t's 12, 2004 Notice of Disagi~rov~al/.~ ming pool ia a- yard other ~ the requited ~ yasd, at 1095b Main Road, Bast Marion~ CfM 31 - 11-t3. desiring to ~tbm~t wfitism ~ before the conclusion of each designat~l above. Filoa a~ avaikt,~ ta~ to call (65,1) 765-1~09. ~aod: F,~,~ ~3~:~... 2959. IT M4 #2959 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 4th day of March ,2004. Principal Clerk Sworn to before me this 2004 CHRISTINA VOLINSI(I NOTARY PUBLIC-STATE OF NEW YORK No, O 1-V06105050 Qualified In SU~ol~ County Commlstlon Expl~e~ February 28, 2008 _ O.T/ 2.30 ? UNIT ID: 0771 F APPEALS D:NEWYORK Postmark Here .......................... X Clerk: ~(FgClat 31ication of o31o51o~ COUN~ OF SUFFOLK) STATE OF NEW YORK) .X AFFIDAVIT OF MAILING8 residing at P.z~P~ / , New York, being duly sworn, depose and say that: Onthe ~ day of ~'~,- , 200'~l personally mailed at the United States Post Office in ~ , New York, by CERTIFIED MAIL., RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the offidal records on file with the (,.~Assessors, or ( ) County Real PropertY Office , for every .property which abuts and is across a public or pdvate street, or vehicular right-of- way of record, surrounding the applicant's, property. ~- - 0~l~gnaiure) . Sworn to before me this ' · S~ day of ~{acJA , ,200~ r (Not~q~ Public) I1~, ~ 0111adt~. PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 77 - ?3' v_. A,5~ II 7 ~ 3 WIO ~ ,K£EeO8oo[ O. OFFICE OF BOARD OF APPEALS Southold Town Hall $3095 Main Road Southold, NY 11971 765-1809 tel. ~ 765-9064 ZBA fax. REPLY FORM TO: ( ) Your application is incomplete for the reasons noted below, ~ It is requested that the follo~ving be fo~arded as soon as possible (within about 7 days, if feasible), The adve~ising deadline is 22 days before the m~ting date and the info~ation is ne~ssa~ for review and adve~ising purposes, You may fo~ard the information by fax at 765- 9064, however, please send the o~ginal by mail, Thank you. (r ...... -~T~ wl~=y= of thc "~="~~' ' ~ Missing information - please see missing information checked below. Please submit ali the documentation,' together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the inap were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with pmparer's name, ~h-Six (6) sets of a diagram showing the doom, number of stories, and average height (from naturalgrade) ~ ~ oL~oJ~' ~_~_L~,.) ~<~c ~ x~-'gL[ -3~obc ~c~ ( ) Ownership Search back to April 23, 1957 for the subject parcel an~l all adjoining parcels, certified by a title insurance company, and insuring the Town for $25,000. ( ) Copies of all current deeds and tax bills of the parcels back to OFFICE OF ZONING BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax (631) 765-9064 February 25, 2004 Re: Chapter 58 - Public Notice for Thursday, March 18, 2004 Hearing(s) Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) By March 5th: Please send the enclosed Legal Notice, with both a cover letter including a contact person and telephone number, and a copy of your survey filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al. JI owners of property (vacant or improved) which abuts and any property which is across from any public or private street from the property included in the application or petition. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, name and address's noted, and return it with the white receipts postmarked by the Post Office. 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 March 9th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for at least seven (7) days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) NOTE: The hearing will be delayed 2 months if your property is not posted properly. Please also deliver your Affidavit of Posting to our office on 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, Enclosures Zoning Appeals Board and Staff NOTICE OF HEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property: NAME: ARTHUR & RUTH VENTURA 5495 MAP #: 15-3-46 APPEAL: TBACK PROJECT: CONSTRUCT NEW HOUSE DATE: THURS. MAR. 18 2004 11:10 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus~ness days between the hours of 8am and 3pm. ZONING BOARD- TOWN OF SOUTHOLD- 765-1809 FROM :SPITALIERE CONSTRUCTION B2/23/2004 09~4§ 6317 FAX NO. ~6~1 765 9654 2004 05:27PM P1 ~AGE ~1 ZONING BOARD OF APPEALS Southold Town Hail 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (631) 765-9064 FAX Email: Linda .Kowalski~i~"ro',~n LSouthold. nv.us Jessica. BoQe~r~)Town _~ outh old .nv. u s http~/~outholdb~vn,northfo~k, net TO: Mr. Spitaliel~ FAX #: 765-9654 DATE: PAGES: 0 to fotlow APPL OF: VENTURA HEARJNG: Thursday, March 18, 2004 TIME: I¶:IOAM Please let me know if you are available at ttle above date and time for a ZBA Public Hearing in thc big meeting room located at Southold Town Hall. Thanks, Jess : YES I i ZBA fax # 765-9064 / / :