Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5663
4YWD DFS 7. D �(ttwa�fin y�H , 6eufi pg gi — — �g— lu ls3 131e, PMMAqins e,ylCln-a t. v verse '1 - ie.. s 6 i. 03 - 6:92.5) r- 44 o3 cup Kt 5663 © H- 3 Li -o5 Du-t- RYSa A 5- 1a—oS • ,,,, -- • APPEALS BOARD MEMBERS • 4 • F SOC74 _` Southold Town Hall Ruth D. Oliva, Chairwoman pit�� �p 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer t # 41 t Southold,NY 11971-0959 Vincent Orlando ‘, ac ; Office Location: James Dinizio.Jr. �O�ttt Town Annex/First Floor.North Fork Bank Michael A. Simon it 54375 Main Road(at Youngs Avenue) '-_Cop , F , ✓'i Southold, NY 11971 http://southoldtown.northfork.net • RECEIVED +�4'cics-1 BOARD OF APPEALS TOWN OF SOUTHOLD CI. 30 /9 n') Tel. (631)765-1809•Fax(631)765-9064 MAY 2 0 2005 asia FINDINGS, DELIBERATIONS AND DETERMINATION:34 MEETING OF MAY 12, 2005 Y o own C er ZB Ref. 5663— Donald Annino Property Location: 1400 Hiawathas Path, Southold CTM 78-3-48 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 22,276 sq. ft. parcel has 210.22 ft. frontage along the west side of Hiawatha's Path and 110 ft. lot depth, in Southold. The property is improved with a two-story frame dwelling with garage and accessory storage shed, as shown on the survey prepared by John C. Ehlers, L.S. dated 11-4-99, updated July 29, 2003. BASIS OF APPLICATION: Building Department's December 1, 2004 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed deck, for the reason that the new construct will be less than the code required 50 ft. setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a 12' x 21.7' deck addition at the rear of his dwelling, 30 feet from the property line at its closest point. The deck is proposed with railings, open to the sky (unenclosed, unroofed). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new deck is proposed to be open and unroofed, deck for access. The deck will have railings and two stairways, and will be an extension from the back of the existing porch, which porch is 42 feet from the rear property line. Neighboring houses have similar deck construction. ' Page'2—May 12, 2005 • • ZB Ref. 5663—Donald Annino CTM ID: 76-3-48 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variance granted herein is not substantial, in that the open, unroofed addition will consist only of an uncovered 12 ft. wide deck that will reduce the rear yard by a maximum of eight feet, for a rear yard setback at not less than 30 feet, at its closest point. 4. The difficulty was self-created in that the house has existed for many years, on a lot that is nearly 297.51 feet wide along the westerly property line and 109.26 feet deep along the northerly side property line. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open deck addition, 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 Simon, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by John C. Ehlers dated 11-4-99, updated July 29, 2003. 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), Orlando, Dinizio, and Simon. Absent was: Member Goehringer. This Resolution wqs duly adopted (4-1). Ruth D. Oliva, Chairwoman 5/J° /05 Approved for Filing •i •w LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, MAY 4, 2005 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 Wednesday, May 4, 2005, at thq time noted below (or as soon thereafter as possible): 10:00 AM DONALD and SANDRA ANNINO #5663. Request for a Variance under Section 100-244, based on the Building Department's December 1, 2004 Notice of Disapproval concerning proposed addition/ alterations proposed at less than 50 feet from the rear lot line, at 1400 Hiawathas Path, Southold; CTM 78-3-48. 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: March 31, 2005. Ruth D. Oliva, Chairwoman Board of Appeals FORM NO. 3 3 Lb NOTICE OF DISAPPROVAL DATE: December 1, 2004 TO: Donald Amino 1400 Hiawathas Path Southold, NY 11971 Please take notice that your application dated November 30, 2004 For permit to construct additions and alterations to an existing single family dwelling at Location of property: 1400 Hiawathas Path, Southold. NY County Tax Map No. 1000 - Section 78 Block 3 Lot 48 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non-conforming 22,276 square foot lot in the Residential R-40 District.Article XXVI Section 100-244.which states that non-conforming lots, measuring between 20.000 square feet and 39,999 square feet in total size, require a minimum rear yard setback of 50 feet. Followingthe proposed construction, the dwelling will have a rear yard setback of 30 feet. I a kt TOWN of SOUTHOLD QFFICE OF BUILDING INSPECTOR Town Hll L,_ .� fJ Southold, New Yorak 1I11971 Receipt No. b ( Date___.J.a Recpi /100 Dollars For.._._......__. ±til.. AhA4p'-cS1"::i.. _._._._._ ...._ Fee for Fee for Fee for Fee for Certificate \' 0 Sign ❑ Flood Development Pmt. 0 Building Permit 0 of Occupancy 0 Cash — Check%J3 �� °firIP , "' r APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS - For Office Use Only Fee:$I Sa Filed By:� �.'rr;;tnj. n..c Date Assigned/Assignment No. i & t 3 Office Notes: Parcel Location: House� No./a Street 77//2/JA7 'JJ4'S 471A HamletcSit did SCTM 1000 Section 7D Block✓' Lot(s) yillot Size Zone District I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: /-Y-' /C ;Cr/ l ' �L�Applicant/Owner(s): %/w / r /� ymn.,./ Add ess: /'f((1 /.9l1/2fA/I c / ii S4 ii/04(ni ,ilt,/ Telephone: (3/"7t' 5-7,1,5271 1V NOTE: If applicant is not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: f, Telephone: t ' Please��PPecify who you wish correspondence tb be mailed to, from the above listed names: l%ApplicantiOwner(s) 0 Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED il- K7 '" `i FOR: 0 Building Permit. O Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction 0 12/3 Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers, Do not quote the code. Article XX V.I. Section 100- .244 Subsection Type of Appeal. An Appeal is made for: li A Variance to the Zoning Code or Zoning Map. 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code, Article Section El Reversal or Other A prior appeal 0has El‘not been made with respect to this property UNDER Appeal No. Year • °DI Page 2 of 3 • Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the netghborhgod or a deMmp�nt to nearby pr perfes, if granted, becau e: ace /,C(c/'ficp cif'/ a ec% (Vega&2'4 .e/;4v4ee 4///e?flat/es c.5-the e ,9i) c�.ti5/>if 4esiii4e� with Eg 4/ita r {,r/5/3e4'ne MA: j, f , (2) The benefitsoughtby,the applicant CANNOT be acht ve y so a method feasible for the applicant to pursue,'other than an area variance, because:/0 t,, e pexcr t re/JACO/479 C/•/,7JJ fe #74,de,1i,6 /F,eQ- (3) The amount of relief requl ssted is not substantial because: ik 64,cA dot- „„// ,1 le lie'4 '( Zict etacei kk,c 4 e4'i od e y 1/4,1/� (4) The variance will NOT have an adverse effect ortmOadt on tile physical drienvieonmental conditions in the neighborhood or district because: dew --e7/15)7T /`'9fi '*fed- / (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: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( /(Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) rot e I e • e•s: • ocee• to e s . la - • 1 notary area below, Signature of Appel, or Authorized Agent �vom to e)oreme^this (Agent must subm Authorization from Owner) day GG emf2004f (No ary Public) PETER M. COLEMAN NOTARY PUBLIC, Stole of New We IBA App 9/30/02 No. 52-5758570 Qualified in Suffolk County Commission Expires Marsh 30. 1 poli • • 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. Applicant cannot realize a reasonable return for each and every permitted 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 to a sufistantial portion of the district or neighborhood because: j 4. The request will not alter the essential character of the neighborhood because: /;ht ; fe4YgIkA/ /r,2cyec/'ecAwe?0,/,4z //ip;Tway//fo /deemed!(, , 5, The alleged har sHip as not been self-created becau : tie ozCijilt /tyjle/ t r .eicl ii s //h se /y9/2 /t6i,s 4((0u/414V4 miee ww✓& .9,j /6. Thhis is the minliaFf necessary,while at the same time preserving and protecting the character of the neighborhood, and the health, safety arm! weJl ar of the community. (Please explain on a separatpsheet if 9pcessyry,)T �jt'cn c./A evict Gd//`c'' / e/m/v,�e t4c 'ase4t4/j gle{,51iMe? [iii t/ /iolid k c`j%�,4L cye/4// *end An Q'4 j6cz hacet• /hat 441€ no i?LL?c�tnt/'✓z sj fiete/ne ,z`' ; * /�z3eeprn '6e c4 AtichZ 'V/Uke. 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain,on a eparate sheet if necessary.) c ioec tie icece cc,9 't .ct4.i ,s 6)�/�/91/4eut s�ned4,d/�mee ,9//levels of ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney ' Otherwise, please oroceed to the signature and notaiy'area below. Si• ' ' re or A ;ellant or Authorized Agent Sworn to fore me this (Agent musts '`.mit Authorization from Owner) )7"4 da P - " ^ 200"J PETER M. COLEMAN NOTARY PUBLIC, Slate of New York No. 52-5758570 (Notary Public) Qualified in Suffolk County ZBA App 9/30/02 Commission Expiry March 30, �Y 0 TOWN )OF SOUTH PROPEILTY RECORD CARD OWNER V STREET ,r-:,-/,,:, ,/ _ VILLAGE DIST., SUB. LOT )60a/c15 ot.iiira kMi Ac I 6 L t_.L., d-o_Al r FFORMER OW ER N �� E ,� j� CR. �---a f �r'11d li S 0' diec'.iZJ c.G' 11(4_ , 6Gt i on/3/ wkat ( TYPE OF BUILDING RES. ..{/) I SEAS. VL. FARM COMM. CB. MICS. Mkt. Value rX / ND IMP. TOTAL DATE REMARKS�7 ___ UU /f,U l ? Od P , 3 / 7L 7/u/G6 . .- / s oOO /i. 00 S-6 6O 6Bf5r0 ✓//2''/� .o I (5.Z2:C..i ^Z a-a_aeq.:-,.r«;.t -. -a o v -g0 :.) 7D. 0-z3 It2/L -2. 77) ; /za o ..19 era 7/oa / '/4- 74/ v �v,>,..,: --ti t'n' a 1 a-c _ • WIC .f /o/, //7 / 4,4g - LZ959rzf8jT�1'.P'str- Lr_444p59J p6/54-- L374 r41:2 1 C -1 4CstPy s'I�c9$ ' Ia/y4I Lib '55Z- M ( I29," '-„ -:,. .: ..,. AGE BUILDING CONDITION . . 43, cq, -g, ! - tie' NORMAL BELOW ABOVE ..,, FARM Acre Value Per Value Acre I 111314441- Tillable FROlierumuniumen Woodland FRONTAGE T- Meadowland DEPTH // p House Plot BULKHEAD Tote 1...I `me DOCK Tr At I lc atorl pry ill -, F-qr•**pop� % ' a ":it COLOR (N'l�c ! et . TRIM -7.,4A_./.._ . A , .. - - � Affr.. , `,t `v,c _ .. _ ii: t _ . _ .Y �. l = 1 .2), /i4 l/ . ;rte ' i ,r_et_ _ _ _ t E G - 0„g2f,' (iv-.)- 1, � . [ M. Brdg. ao1Ka7: .f9,77 ✓ `,IS'o eg% 73 ✓ 4 , / . - Extension auo K 3 = G 0_0 3, CD 0.2 /do / I Erasion - - - Extension Foundation G B , Bath Z Dinette fil P ENeclit� /Z 2E/: ` oS.�`I �' / r2 f . Basement 7-. U G L, Floors K. Poi Ext. Walls kid Interior Finish � c� LR" / Fire Place L 5 9 Heat /4 � DR. Breezeway y / wr -e._ Rooms 1st Floor `f BR. --- Garage / G X a./ -7 S y 6 / /4-o 7/9ype Roof G i Patio Rooms 2nd Floor ` / FIN. B • a 8 ° Driveway 0. B. • �' "o L S FFE� ��- � _- Total c S _ � . . „ w ® / i -- ` _ 4z a+ , 141 4+�x+ 16 9 x+Irc Gt 6, SEA WA Ott IV .; ,/, a r VAL o YtµO t �, ff 79 II P \VV/ aF xs 4 !z 401Ic1 0 LW !f ti b / AI/ /' +° O�µcr 157t� 32 � .� 2ppc � �N1111P1 ISS •• SH "I% 1s .. 9 e�! H �tpp <rc IA 11;1111.4- H1P s P � �.. xsper cfl J+ ,0 9 �q 424-qt)• al, O jite Naz pI. ,2 ” � OAS► 12.1 �- g o �&. acI 10 L. 114 fj' nl: vN 50'1 X16 \ eW { MAT C1-1-1--—LIE 61 '1 m SEE SEC. O.OeT x �, FOR PO-01y. 3. `^F°r . YL YGM. "77 061-04-01.0W 78-3 - 4 8 L wan a...a - - ...Man Lota o rust ---_ Sa.samm u. —-sa— Ip•N not ure --N-- was MAIN OnEaE4 ALL PRMERTES NOTICE E O..m.r�,r.. aw�r rn.Ia (21) O El aww --T—_ a..own S —_N—_ uE HOTS« TIE ru.O•va OsmcTs —�'— r som E•E IIo NalTEYMF°ALTERATION,SALE N O un no - ra... o a.anti A. —_I-- ei.a.su u. —aT-- TIE a Itmrr E new .V_ o —_— —_ —_ _ OaTNEumt a An POMP s M t.r Pm xaa aaa Q.*A• wa ata.w aro ow w--•— Ptmw. m MGFI M COUNTY TAX IMP a PMIdtF0 N vdt 23 Yr no 12.1 um or 12.14 fan A• —--- Maw v. —_r-- liana anti u.—n-- pawn Irra.T! MGM MM.PENMEN OF TE Rya Mc/ nsw —____ s..*ma uv —_s—_ RA PI6WTY T.I(E31'TF NOBCr. I tem v _ _ I a V SURVEY OF PROPERTY N SITUATE: LAUSHIN6 WATER TOWN: SOUTHOLD W E SUFFOLK COUNTY, NY SURVEYED H-4-QG S UPDATE 07-24-03 • SUFFOLK COUNTY TAX * 1000 - 75 - 3 - 48 CERTIFIED TO: DONALD ANNINO SANDRA ANNINO PRINCIPAL RESIDENTIAL MORTGAGE, INC. ALLSTATE ABSTRACT CORP. X630527710-04 I Land now or v4eorheu l g oh Wa ynn er lNe^shell I. $1013,00„E 109.26 \ cs; ml I Fe I I y 9 .O�N 1 3'5 i0 c • p \I 1/4S) O 00 \ ti' N 63 W W O ° 'llI III no ® II 1 --!I ` ,1 -------- asphalt .rive"�`f . / . -126.31 .I ze \I \ la.o' 262. I �r _ p ,\ , \ I r/1 \I e 1FO O LS , -- I 42;' m o _..- m o ^,-, W , I o � 3O I E' \ cc s \ ssoa'- I \ F, i 32 .... . ' N I `fl Story - I It on R 31• 0'--' 0 Cly 'J,. N I II f� 'U' t...?... Y I 1 - N ed I O 0 IA Fe 0 I p a9N _ _°-; ''I S87°51'00"W110.00• ' c I II r1 `y co 41 OZ oO G 3� \ Land now or formerly of: m . Toril undstrorn Latkovic 8 Hilfiom F. Stevens III J1 0 C I \ road angle Of NEW k. CO QV...7\V,- -rtP doletion of section 7202 sub—Division 2 of rne Non York State Education con • NOTES: 14 °"° • MONUMENT ,f�� ," 0� ."°." roe,:: t" S”Lone Surveyors il run only O PIPE MT.60Y .h."...° °. ..."...°,. .°n"'"r I;:......................olo certifications ..,,,..1"- AREA = 22216 SF OR 051 ACRES ::::9::0:.:°..,.....on;a^-d-0,i, :f o;l,c i 'JO 11 C. EHLERS LAND SURVEYOR 6 EST MAIN STREET N.Y.S. LIC. NO. 50202 GRAPHIC SCALE I"= 30' RIVERHEAD,N.Y. 11901 f �._ ' 41.11Mni369-8288 Fax 369-8287 REF.-TIGER\PROS\99-268 41\e" APPEALS BOARD MEMBERS /#110 S��ryo "- Southold Town Hall Ruth D. Oliva, Chairwoman , .. 1p 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer � �; Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. ` u, . �%1 Town Annex/First Floor,North Fork Bank Michael A. Simon 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May 20, 2005 Mr. and Mrs. Donald J. Annino 1400 Hiawathas Path Southold, NY 11971 Re: ZBA Ref. 5663 —Setback Variance for Deck Addition Dear Mr. and Mrs. Annino: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its May 12, 2005 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 to the Building Department when submitting any other documents during the final review steps. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 5/20/05 to: Building Department /0l APPEALS BOARD,MEMBERS ••1,ie$0 SOU4s,-- Southold Town Hall Ruth D. Oliva, Chairwoman p 53095 Main Road•P.O. Box 1179 • Gerard P. Goehringer *, Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. e ���, Town Annex/First Floor,North Fork Bank Michael A. Simon =�—(4- U �i• 54375 Main Road(at Youngs Avenue) • ��� Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 ZB Ref. 5663— Donald Annino Property Location: 1400 Hiawathas Path, Southold CTM 78-3-48 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 22,276 sq. ft. parcel has 210.22 ft. frontage along the west side of Hiawatha's Path and 110 ft. lot depth, in Southold. The property is improved with a two-story frame dwelling with garage and accessory storage shed, as shown on the survey prepared by John C. Ehlers, L.S. dated 11-4-99, updated July 29, 2003. BASIS OF APPLICATION: Building Department's December 1, 2004 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed deck, for the reason that the new construct will be less than the code required 50 ft. setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection ofthe property, and other evidence, the Zoning Board finds the following facts to be true and relevant:, AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a 12' x 21.7' deck addition at the rear of his dwelling, 30 feet from the property line at its closest point. The deck is proposed with railings, open to the sky (unenclosed, unroofed). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new deck is proposed to be open and , unroofed, deck for access. The deck will have railings and two stairways, and will be an extension from the back of the existing porch, which porch is 42 feet from the rear property line. Neighboring houses have'similar deck construction. Page 2—May 12,2005 ZB Ref. 5663—Donald Annino CTM ID: 78-3-48 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variance granted herein is not substantial, in that the open, unroofed addition will consist only of an uncovered 12 ft. wide deck that will reduce the rear yard by a maximum of eight feet, for a rear yard setback at not less than 30 feet, at its closest point. 4. The difficulty was self-created in that the house has existed for many years, on a lot that is nearly 297.51 feet wide along the westerly property line and 109.26 feet deep along the northerly side property line. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open deck addition, 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 Simon, seconded by Member Orlando, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by John C. Ehlers dated 11-4-99, updated July 29, 2003. 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), Orlando, Dinizio, and Simon. Absent was: Member Goehringer. This Resolution s duly adopted (4-1). ' U �J . Q-U,ILL Ruth D. Oliva, Chairwoman 5/10( /05 Approved for Filing I SURVEY OF PRuPERTY N SITUATE: LAUGHING MATER TOWN: SOUTHOLD W -I- E SUFFOLK COUNTY, NY SURVEYED II-4-G61 s UPDATE 07-2G-03, I2-15-04 SUFFOLK COUNTY TAX # 1000 - 1S - 3 - 48 CERTIFIED TO: DONALD ANN INO SANDRA ANNINO PRINGIPAL RESIDENTIAL MORTGAGE, INC. ALLSTATE ABSTRACT CORP. #630527710-04 or f ormerl of t Lono alter Iyenchell Lynn Wenchell 00 E 109 a2 6' isil \\\\ °13' pe re, x 1 `g1 shed I 35 1-6 • 0 03 till CC)) QC ° O ,i'+ 7c I S Ner I __----24 -- pro d W '1:: ° I w shetrl po -P \ �� CP 0 Ali I kili FOS W I _x"-.--.x—x_-- — asphalt driveway ii Al4f 20 120, 262' �1 P I. 1 !,r) 1- v ra 1.1 ty D o �f a -5J_o ' A IMI UN 3 0 m ��� 8'' s 0 u O -2- 30'___ ND M, AI - _ fil 35' AIME IIIIIIIIMM cc, 0 3 0 B (i::::Zot 3° aLii 5.. tp N ' °i OP MIN 1 1.'".‘ 31.0'__— Q 224' ——-- lJ I N J IN JIC 10 1.-a Pe 1-a 0 S87°51'00"W \____ 110.00' 1 0 90 0 O oo O . o Land now or formerly of: vii N-5 Torii Lindstrom Latkovlo B William F. Stevens III Lkils- - 0 • road angle Ntkx--11' S,. 'a, t? \I 'unauthorized alteration oraddition toe survey l r. „ .. mapbearing a licensed Iandsurveyor's sealis a 1I , violation of section 7209 sub-division 2, of the (� New York State Education LBM 4id 'Only copies from the original of this survey marker with a original of the land surveyor s NOTES: ,�� ` stampetl sea]shall be considered to be valid true �i .'r- 1� �� / ® copies' `Yf``t 'Certifications indicated hereon signify that this ■ MONUMENT -t` �je 5CM�� tifica iwason prepared accordance sign with the his ” ex- isting Code of Practice far Land Surveys adopted ("44.„ ---�� '.• by the New York State Association of Professional PIPE ,. l �` r Land Surveyors Said certifications shall run only o �, ("® J to the person for whom the survey is prepared 0� and an his behalf to the title company, governmen- tal agency and lending institution listed hereon, and to the assignees of the lending institution Certlflca- AREA = 22,276 SF OR 0.51 ACRES lions are not transferable to additional institutions JOHN C. EHLERS LAND SURVEY• j'. 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHIC SCALE 1"= 30' RIVERHEAD,N.Y. 11901 369-8288 Fax 369-8287 REF.-TIGER\PROS\99-268 .0,000 ___ . 1 , ,..,. ... _......... .............. ... _ _ _ . .„,,,, ,i4., . ,,.,„. _„.., . . _ _.. ... .„....„ ____ ..• ..... p. ., .....,, , .. t„.. ....... , . „ #. alielli y ;i r illiellalIMPT ..aa s - -. ` -� •4�v C) 41k) PROJECT DESCRIPTION (Please include with Z.B.A.Application) Applicant(s): 0/Nik(/ %i%�1G1, /'"^ 4,4/h� I. If building is existing and alterations/additions/renovations are proposed: A. PIease give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: /S x 4i, ' Square footage: d 71G:; B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: 4:9 C'/)C,Rse1��' glos , ,ysot x//le /F L. �/cie7z/,95' /e? Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square;footage: Height•l III. Puipose and use of new construction requested in this application: `"ee /e f r ' i , ./ L 4 / /1/ 4, `� 1 Q r i /. IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code re.uire eat(s): 1Air I . / - , • /. / / G'' / ' 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. TOWN OF SOUTHOLD , BUILDING Pl IT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 N 4 sets of Building Plans TEL: (631) 765-1802 \ Planning Board approval FAX: (631) 765-9502 V Survey www.northfork.net/Southold/ PERMIT NO. Check ! eP6) 3 Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c Phone: ?6,5- /3 5 17 Expiration ,20 • Building Inspector 0 2004 f` E_" : > APPLICATION FOR BUILDING PERMIT 1-0\.y;,!__ Date 20 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein 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. ' C (Signature f a hcant or name,if a corporation) P# Vt. Obi/ of app cant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder ottife/e- l' Name of owner of premises , �1%� r c' l i4�L,/ / . 1.11 (As on the tax rol 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 propose w k will be c4 " V 7-/M2071// ASA c)o P t N . 7 - House Number Street / Hamlet 1'ci g'woo it R County Tax Map No. 1000 Section ff Block 3 . Subdivision Filed Map No. '-^(12`" Lot' (Name) 2. State existing use and occupant;;- ,,L-'premis s and intended use and occu_ y of proposed construction: a. Existing use and occupancy t b.-. Intended use and occupancy 5%4A. —c-ha 3. Nature of work(check which applicable):New Building Addition 17--aleck 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 / Number of dwelling units on each floor If garage, number of cars ,e. -, 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. I 7. Dimensions of existing structures, if any: Front /0,# i Rear § Depth 3,47)'Z' Height - Number of Stories 7-- / Dimensions of same structure with alterations or additions: Front /P 'V Rear ,,gip, Depth.. Height Number of Stories 2-- 8. Dimensions of entire new construction: Front ,21T T 14.--- Depth /2 Height Number of Stories -.,- 9. Size of lot: Front p7/ Rear / 97 7 Depth //&, ('�7 if. 2‘) 10. Date of Purchase // 9 Name of Former Owner %/0/9- /42nz,- jj fe jj 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO , 13. Will lot be re-graded?YES NO .( Will excess fill be removed from premises? E�S� )( NO i b 14. Names of Owner of premises (91117;61,9,0,9() Addressd0/Yd1 one No. .✓j'��fwid S-�3,� Name of Architect C` .tom /2 Address el,7-id Phone No -me,-V54,22,49 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * 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 X' * 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 survey. STATE OF NEW YORK) SS: COUNTY OF ) 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 the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this =0 day of VV bell 2004 cut, 4 /4%, ,� . .1i. Lorrel'IT alit / Si u s - of A pp . tNOTA- C,State of Now York No.01 .6059257 Qualified In Suffolk County _ Commission Expires May 9,20 01 .,-/‘ 0 TOWN F OUTH'. ) PROPERTY RECORD CARD OWNER STREET L/ ✓ VILLAGE DIST.i SUB. LOT l �,,1 1 / Q )�1(2/4/�:46 r�!'6�Q 6U I1YJi7t/IG7v /.v, D G�� ` ...4_c_..,441 �� „, . FO MER OWNER Nd. /lE r ,,) ACR - S © � W c TYPE OF BUILDING T i al,( 4n ,sorc G�) .2-.' ,--n...,--a...6-1_,... l tJ �L� / ,L 4 ,"� RES) SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKSg� • 3 O0 Af e� U l D 6,..1.,„, 3/ 7L 7/.2-4/C6 - J . / S os6 ,- . • .._. ___Z;2”;0 0 .r a ct.® 6 S afro f/a g,�' 6. yS'>�. .L.�' _ 67--.4-4-C.-4:1-,14"5-,.�:.�/ -. - f�Z o 0 ,v g G J 7 6,--v---yam 2/L /3'76 •/2.-6'6 g0-6 7/D a °/ 1/� 74( (jJ.j;.1.,..t.' "f�6 177/ �4 P r a 1 - WA G, w,e,&,.-..r' /o/1 y//'7 / - - 6f/g * Lz9. , r.7fe j ,$I- Lm.44pS 9_, p, /54--I...374 x412 *, ) 3/ S L4c`.i15. —s (,1 5. bb _ fl. . �, 10/111be I " J_ + -: .. J.Z m ( • i.,,a 0.,, .9 r - AGEBUILDING CONDITION 31 qe_ /I ` � 4 _NEW NORMAL BELOW ABOVE ��� /9q„ � � ` w" 7.6 FARM Acre Value Per Value tf V IL I: Acre I Ir13ul / y.. , 4, FAit- 11 _ `Y `tv Tillable -FRON3 . a fG : ,. — - • : o Woodland • FRONTAGE 0#q:" � Y � - -------1;:_,q,..--,-- --3_.-- ;. % • Meadowland DEPTH // o 1 5 }. >-:,h«;. . ; ? 4,, , <'xrwe House Plot BULKHEAD Totem+ DOCK ....- tm- ` - - '`41 .-''- - „.%--.7-4, �✓ ,(- faa 111*4 �,o � Tisr:� ......_,1/41,7101,` ,. �r� • COLOR (,/A��/Gf, � TRIM `f_-...,, .yam `• ,;r►?0 ....- --' 's. :ate' - .i P.1 .'s ilik '441i.” ':. ...4:. .." , i ' r ;,, as rxz _ � ;>; g.dC-'. I a '4i Z.ry / If / �/ • Yi 4 Nt ...2.4..5 4/ I 1 '': -.:i'''''''''4. z ''4 -'raj _.•.ea �, i,a41 9�• .. Syne/[--- 'a. • .:•; ; • ,�• / . . =,v1. Bldg. �N Ka ?= -5-9'1 '' Asa X 6, '73 ✓ .‘ F / L=,...,' =extension 01o X30 = Gan , 3, € 02 /a-o / =mesion . ==xtension Foundation G8 , Bath 2.% Dinette • ,S'e..Fern/ Porch,Ne, /2_ x Z✓ _ 91.6.ZJ ,I O ' J-y ,/Basement Floors K. / Porch Ext. Walls W� Interior Finish /.: � LR. ` . Breezeway Fire Place y ES Heat # /Ai DIS. __ =garage X 02/ �6 sf 14-0 8./9 �ype Roof (-ci. -C-e.� Rooms 1st Floor BR. 2.--' Patio • Recreation Room Rooms 2nd Floor / FIN. B O. B. &R 8' 7--„„) L S tfETD S'O Dors` U -t Driveway Total _r~ • (---, QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? 0 Yes ?No B. Are there any proposals to change or alter land contours? 0 Yes fNo C. 1)Are there any areas that contain wetland grasses? 2)Are the wetland areas shown on the map submitted with this application? - /vjg 3)Is the property bulk headed between the wetlands area and the upland budding area? 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? /1/d D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? //p (If not applicable, state"n/a".) E. Are there any patios,concrete barriers,bulkheads or fences at exist and are not shown on the survey map that you are submitting? °/) (If none exist, please state "none") F. Do you have any construction taking place at this time concerning your premises? /1/6.' 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? Ai; If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel l/// {� and proposed use A • uthorized Si re an mate l x - �_ 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 whatev r action is necessary to avoid same. YOUR NAME: 00ei'/)/l// (J. sr 174../9 G�i ��,//7 D (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 t✓'" Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a 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 own officer or employee owns more than 5%of the shares. YES NO V 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 "s • - da •of , f Signature: ,•,r ' /ai/- Z, % Print Name: 0 /3AN 60,7G,/k 4A/i,,v ELIZABETH A.NEVILLE �` yd ` Town Hall, 53095 Main Road TOWN CLERK e _ ; P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 0'* �, Southold, New York 11971 MARRIAGE OFFICER ® �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER V®1 * `t►asoli 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: December 29, 2004 RE: Zoning Appeal No. 5663 Transmitted herewith is Zoning Appeal No. 5663 of Donald and Sandra Annino for a variance. Also included is: Notice of Disapproval dated December 1, 2004; survey; Project Description; 1 photograph; copy of building permit application; copy of property cards; ZBA Questionnaire; Applicant Transactional Disclosure Form; and copy of tax map. DEC 2 g ZOO �:� , Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/28/04 Receipt#: 980 Transaction(s): Subtotal 1 Application Fees $150.00 Check#: 980 Total Paid: $150.00 Name: Arinino, Donald &Sandra 1400 Hawaitha Path Southold, NY 11971 Clerk ID: LINDAC Internal ID. 103227 473889 78 . -3-48 OWNER: DONALD J! ANNINO ' NUMBER# DATE T, 01010 CO # USE/DESCRI'TL 3172 7/26/66 PE &Zy B. P. #3172 110" 4567 11/26/69 PERMIT SS-7(9 B. P. #4567 30005 1/13/04 PERMIT =� 30487 ADDITION 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco .,F12=New Swis/Parcel F3=Exit APPEALS BOARD MEMBERS QSV,,,,�C 6S6,� `����+ 0G. t Southold Town Hall Lydia A.Tortora.Chairwoman c . 53095 Main Road Gerard P.Goehringer x P.0 Box 1179 George Horning . Southold.New York 11971-0959 Ruth D.Olivay� O� ZBA Fax(631)765-9064 Vincent Orlando si . Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS - RECEIVED'iia - TOWN OF SOUTHOLL) ;u5 P`"' FINDINGS,DELIBERATIONS AND DETERMINATION SEP j 2003 MEETING OF SEPTEMBER 11,2003 Appl No.5372-DONALD ANNINOSouthold Town Clerk Property Location: 1400 Hiwathas Path,Southold; CTM#78-3-48. 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 22,276 sq. ft. parcel has 210.22 ft. , frontage along the west side of Hiawatha's Path and 110 ft. lot depth,in Southold. The property is improved with a two-story frame dwelling with garage and accessory storage shed,as shown on the survey prepared by John C. Ehlers,L.S.dated 11-4-99. BASIS OF APPLICATION: Building Department's May 9, 2003 Notice of Disapproval, amended August 1,2003 citing code Section 100-244 in its denial of a building permit to construct an addition to the existing dwelling with a front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August',21, 2003, 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: Applicant wishes to construct a one-story addition 12 ft wide by 22.5 feet with a 30.7 feet front yard setback,at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, matenals- 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 proposed hew construction measures 12 ft.x 22.5 ft.The existing front yard setback of the dwelling Is 28.3 feet, at its closest point, and the southerly end of the house is 30.7 feet from the front line The new addition follows the same 30.7 setback and will follow the existing ridge of the roof. ' 411411 Page 2—September 11,2006 App1.No.5372—D.Annino 78-3-48 at Southold 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 addition is a 12 ft.extension at the south side, which runs parallel with the lines of the existing two-story house: The side yard will be 20.4 feet from the southerly property line, which exceeds the code's minimum 15 ft.side yard requirement. 3. The relief requested is not substantial and represents a 9 1 ft.reduction in the Code's 40 ft.minimum front yard setback requirement. 4. The difficulty was self-created when the original house was built relatively close to Hiawatha's Path,and this addition was planned by applicant In a location which did not conform to the current Town Code requirements. 5. There is no evidence that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition,while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando,seconded by Member Oliva,and duly carried,to GRANT the variance as requested, as shown on the November 4, 1999 survey prepared by John C. Ehlers,L.S.,updated July 29,2003. 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 Tortora (Chairwoman), Orlando and Oliva. (Absent were Member Goehringer and Member Horning.)This Resolution was duly adopted (3- 0). Lydia A. rtora,Ch irwoman—Approved for Filing 9117! / __________ . -Asi __ , o�'ERTY `� SURVEY OF PR 5ITV T LAUGHING WATER N TOWN' SOUTHOL,,p I' W E SUFFOLK cowry, NY SURVEYED 1'203 SUFFOLK COUNTY TAX u S 1000-18-3-4e' CERTIFIED TO: DONALD ANNINO SANDRA ANNINO PRINCIPAL RESIDENTIAL MORTGAGE,INC l ALLSTATE ABSTRACTt CORP +1690521110-04 1 '2G�3 I Land notr ar P�rmer`4 a1: AUG 11 Y'�a11r yVeneh©111 t i_yrn y.1,;nrhell ; 1s 1 109.26' II ` N81°13'�"� g 1 i '2E. o 3- a�pS 1 I 35 1 �] 1 1 { 1 UI 0� ...t. 1...t. I '1} i 1 ,; ewe W i 1?9" 00 f tri i i 1 C.7 it? i ~_ Ij � a _I 11 I. I P / I Q I 1 1 1I"� I z�y i` I 1ti 1 .® i SO II • N ?. ; ` 1 1 I t2f� 1 ` J I 73-ci Q11 5. Qt ro A . .I,--- - 1I 1 3 3 Om F i II Vv. II 1 t au. - .• 30-11---- I 1 ....3 ` lopo,n.,,I Gsatl .- 0 II 1 IC,.,, }^' u, mean R __ 910 '__- Q �; 1 i - • w i [� 1 _— ; r� § i II 1 14t V9 p I q��, i oar �p I 587°5I'�°r tl9110.00' j l O. I l �o 0 O ..1-6' O fiord Lindstrom Latkavola 771710%°P € I 1m F 5levrns III tV, J o 0. t road 'p `VI- un xa. renr N„ ,,.'.wr 1T"'' \ ��.'it: , . Mn'=ry,:::NOTES: Z il K .. ..,.{MONUMENT O PIPE r � d.,w,_w,M :1?.:0,1,,,,,.;v4 -A=22,276 SF OR OSI ACRES J-y ijb 1 T4. ti R s� � 'ZAN° , ' w .e.:�r4 q;"oro,�" , JOHN t . ILERS LAND SURVBYOR GRAPHIC-SG LE I 30, 6EAST MAIN sTRE6r RIVERHEAD,N.Y.11901 N•Y Y.S.�O No.50202 369-8288 Fax.369-8287 RI3I,_1ZGOS199-268 �FFOL� APPEALS HOARD MEMBERS e�aS �C� Southold Town Hall I Tina A:Torlora, Chairwoman :44 Z, 53095 Main Road Gerard P. Goehringer ergP.C. Box 1179 George Horning .` ,!! Southold,Ncw York 11971-0959 Ruth D. Oliva N.4,1 ZBA Fax (631) 765-9064 Vincent Orlando � srTelephone (631)765-1809 http://southoldtown.northfork.net - BOARD OF APPEALS RECEIVED ' i- TOWN OF SOUTHOLD L45 prLi FINDINGS, DELIBERATIONS AND DETERMINATION SEP 2Q03 MEETING OF SEPTEMBER 1t, 2003eafrdetl u Appl. No. 5372- DONALD ANNINO Southold Town Clerk Property Location: 1400 Hiwathas Path, Southold; CTM.#78-3-48. 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 22,276 sq. ft. parcel has 210.22 ft. frontage along the west side of Hlawatha's Path and 110 ft. lot depth, in Southold. The property is improved with a two-story frame dwelling with!garage and accessory storage shed, as shown on the survey prepared by John C. Ehlers, L.S. dated 11-4-99. BASIS OF APPLICATION: Building Department's May 9, 2003 Notice of Disapproval, amended August 1, 2003 citing code Section 100-244 in its denial of a building permit to construct an addition to the existing dwelling with a front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2003, 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: Applicant wishes to construct a one-story addition 12 ft. wide by 22.5 feet with a 30.7 feet front yard setback, at its closest point. 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 proposed new construction measures 12 ft. x 22.5 ft. The existing front yard setback of the dwelling Is 28.3 feet, at its closest point, and the southerly end of the house is 30.7 feet from the front line. The new addition follows the same 30.7 setback and will follow the existing ridge of the roof. iiiip is Page 2—September 11, 200.5 Appi. No. 5372—D. Annino 78-348 at Southold 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 addition is a 12 ft. extension at the south side, which runs parallel with the lines of the existing two-story house. The side yard will be 20.4 feet from the southerly property line, which exceeds the code's minimum 15 ft. side yard requirement. 3. The relief requested is not substantial and represents a 9.1 ft. reduction in the Code's 40 ft. minimum front yard setback requirement. 4. The difficulty was self-created when the original house was built relatively close to Hiawatha's Path, and this addition was planned by applicant In a location which did not conform to the current Town Code requirements. 5. There is no evidence that the grant of the relief requested will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, While preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Oliva, and duly carried, to GRANT the variance as requested, as shown on the November 4, 1999 survey prepared by John C. Ehlers, L.S., updated July 29, 2003. 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 Tortora (Chairwoman); Orlando and Oliva. (Absent were Member Goehringer and Member Horning.) This Resolution was duly adopted (3- 0). _•- Lydia A. rtora, Ch?woman—Approved for Filing 911'1 , '6° FORM NO. 3 NOTICE OF DISAPPROVAL N1(9)-C-I 14 DATE: ecember 1, 2004 TO: Donald Annino 1400 Hiawathas Path JlO Southold,NY 11971 ff Please take notice that your application dated November 30, 2004 DEC 2 7 2004 For permit to construct additions and alterations to an existing single family dwelling at !i Location of property: 1400 Hiawathas Path, Southold,NY - - County Tax Map No. 1000 - Section 78 Block 3 Lot 48 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non-conforming 22,276 square foot lot in the Residential R-40 District, Article XXVI Section 100-244, which states that non-conforming lots, measuring between 20,000 square feet and 39,999 square feet in total size, require a minimum rear yard setback of 50 feet. Following the proposed construction, the dwelling will have a rear yard setback of 30 feet. 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. re ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK - x In the Matter of the Application of AFFIDAVIT 19M-ldn n/n U OF SIGN (Name of App icant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000-- COUNTY 000-COUNTY OF SUFFOLK) STATE OF NEW YORK) An/ n U residing at#4,0 %/ `-T) On, , New York, being duly sworn, depose and say that: On the g0 day of/ 1 I , 200db I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from 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 ,1.;:n days prior to the date of the subject hearing dat ._• e74fisa - r s show • be 1"o ra re) Sworn to before me this U 711 day of C -(--P' ST 200' ti :, F,. . ,_F_ ,.� :,,,• �: MIL L.AMMO1/Li/ ;•; "+,, -- (Notary Public) "' "M' J� �� � stAMa so22o5Oc �YwYd l/D *near the entrance or driveway entrance of my property, as the area most visible to passersby U.S. Postal Service,. 1 m CERTIFIED MAILTM RECEIPT p (Domestic Mail Only;No Insurance Coverage Provided) fll For delivery information visitour website at www.usps.come HII Ii AN-'4'Y i;43i A._ t;.1) :::-; E tri `0Postage $ 0. y�T Il 1 � Certitlil Fee 't . MI Po .itt. ReturnRedactRedact Fee 0 (Endorsement Required) , •er O Restricted Defvery Fee =.!Ir,,�,n ,C4 ,.-R (Endorsement Required) Y rg m Total Postage&Fees $ 4.42 04/04/05 m i.ii 0 int o �J /� a ��� itCI treat,Apt No.;� -porPOBoxNo. �A Yl k, b%/r� l� 1,L--fL- y (�S City,S:to Z/P+4 MI I1/,I, Erb) A„ ' �f u u rti PS Form 3800,June 200f� U See Reverse for Ins ructions U.S. Postal ServiceTM MI CERTIFIED MAILTM RECEIPT p (Domestic Mail Only;No Insurance Coverage Provided) RJ For delivery information'visit our we.zi ..t•wrww.usps.corn® SiLn flILErl1� 119C X* • E Ln `o Postage $ i '1,' ' IT t lit'',0971 CertifrgdFee �; ® ' Return Reciept Fee !• 1 stmark I=1 (Endorsement Required) Here O Restricted Delvery Fee Vi�' : K4l2JC4 ,-R (Endorsement Required) rq m Total Postage&Fees $ 4.42 04/04/05 M i • MI s: t o rzi 1`- St:et, pt No.*___„__ • ted.! ./`' -___ _ IL or PO Box _ ., a__5", CJ Aft f� 1 g.61L / _ 'PS Form 300 8 ,June 2002 If U If SeeReverse for Instructions U.S. Postal Service,. CERTIFIED MAILTM RECEIPT O (Domestic Mail Only;No Insurance Coverage Provided) A ru For delivery information visit our website at www.usps.come Ln Postage $ 0 .41CertifI d Fee i 1-4 0 Return Reclept Fee (:� (Endorsement Required) . 'TJ - O Restricted Delivery Fee i . "'JC4 r-R (Endorsement Required) ra frl Total Postage&Fees $ 4.42 04/04/05 m O -: t'o _o12__ (112.0___ n 0.1)G f or PO Box No.12 0. I Qb t,'- di fl 4 • City,stat- I 4 p- , # f1 Iii/ ,[T / �T J PS Form 3800,June 2002 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT 43 p (Domestic Mail Only;No Insurance Coverage Provided) I1J For delivery information visit our website at wwv'u5T�,-com® zr IX) SI 1� NV 1;17737 Li -.. ".rl P•_.• /iv r* co Postage $ 0.37 CLn q UNIT`:17. 0:.,' 1 ® i 0 Certified Fee 2.30 (j) OO Return Reciept Fee Pos;r, 1.75 (Endorsement Required) "=re 0 Restricted Delivery Fee `/ 'tE JC4 r q (Endorsement Required) ✓a m Total Postage&Fees 4.42 04/04/05 M O Sent To ; En or PO Box No. 1/41240.. 4.7:452.cgi ' %► . //r 4 4 .. PS F rm3800,June 2002 �/ v 'V v U v v // V See Reverse for Instructions U.S. Postal Service,. CERTIFIED MAILTM REP-E T, D (Domestic Mail Only;No Insurance C vera$ P , ided) I =I i.:7 -it.. - 101: For delivery information visit our website at w+;�gr.usps t o;i HICKII E 5 i 1 .a' L ' Lr)oil Postage 1.$ O.37 UNO ID: ti Certified Fee 2.30 N. i.L 6�' � CI ReturnReciept Fee CI Postmark 1.7 J Here (Endorsement Required) D Restricted Delivery Fee Clerk: KW2JC4 r9 (Endorsement Required) rq mTotal Postage&Fees $ 4.42 04/04/05 M DSent D m.`7 ri j �j/ N Street,Apt.No.; I 5 V- orPOBoxNo. 06 l �,Ae n C'� City,}t: U.S. Postal SerVICeTM N CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) 11.1 For delivery information'visit our wetaite.at wwv,,?i r.comp Ln ECIA5,E1 9i Postage $1-4 ,f■ t kr ID: 1 Certified Fee .30 ,` ark I=1l7 Return Reclept Fee (Endorsement Required) 1• E8{ivy A -ere 17 Restricted Delivery Fee Clerk: KU2JC4 r- (Endorsement Required) rl m Total Postage&Fees $ 4.42 04/04/05 o r- orPOBoxNo. �O,/�UJ� J/fes • C �e 7,1p+4 _/ .g��Z/' PS Form 388000,J ne.20& See Reverse for Instructions U.S. Postal Service,. CERTIFIED MAILTM RECEIPT O (Domestic Mail Only;No Insurance Coverage Provided) ru For delivery information visit our website at www.usps.come zr sots tF �'f _ A -c 1 H C Postage $ Q■ or UNIT ;'i• 0 Certified Fee 2. ,t . Return Reclept Fee 1 Pos CI (Endorsement Required) • O Restricted Delivery Fee et' .. ' • 4 rl (Endorsement Required) rl m Total Postage&Fees $ 4.42 04/04/05 m Sent To ij / ��j nel4 .�rsrcl.61:_<.l ee/40s r- See , pt.N.; or PO Box No. ��a/104434r�_1d Ct City,State,ZIP+• t fff��� 7/! i #/ / // A ,. PS Form 3800,June 2002 e-Re -r e • Instructi•. =14 (74: •1/' 1.1 ffeleih dS4 'r:11:141xH'/U1dDMIV4SIU4 it • Complete items 1,2,and 3.Also complete. A. Signature item 4 if Restricted Delivery is desired. /� ■ Agent ■ Print your name and address on the reverse ,fit,ei rrt�Yrw ir.,r'c Addressee so that we can return the card to you. B. Received by(Printed f,',Jell ery • Attach this card to the back of the mailpiece, C , or orhfb9'¢'ont if space permits. (�'�/-`_e lrer r: D. Is delivery address di = t from ite" • 15 1. Article Addr sse t : If YES,enter deliveryyad• -ss below: il,ir-'QJo (A)fi I. U//8 kti -"iii,2 iii 417/56.108 tes/ 7 wi9-74ei).7,6ve_ fit/a/3 ` 3. Se ce Type P I,VYI/�ti• U/rr/f/ Certified Mail 0 Express Mall 4/g-py �� /� ❑Registered ❑Return Receipt for Merchandise � ❑Insured Mail ❑C.O.D. 4. Restricted Delivery7(Extra Fee) ❑Yes 2. Article Number (Transfer from 7003 3110 0001 8554 2053 PS Form 381 T February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • ender: Please print your name, address, and ZIP+4 in this box • On/4f40 ) Pm/pi/6)• I iorb, i-4-ifi-mr7L20y 0/9-1-4 • 6-oited- RiNy-.. iiiIii,,ad,, mini idnlli i.ddildidin,ili„,hid 14 1.1 ,t •- - .1.•#.1 +i[•1. COM• no. •i • qYA:y - is ■ Complete items 1,2,and 3.Also complete I A /� r item 4 if Restricted Delivery is desired. 4_,L,II7_..Agent • Print your name and address on the reverse L ssee so that we can return the card to you. , Printed Name) C. Date of Delrve • Attach this card to the back of the mailpiec {,,, , \ bra L 1,��, or on the front if space permits. V V 1 1 R slivery address different from item 1? 0 Yes 1. Article Addressed to: ,-.r YES,enter delivery address below: ❑No (...,!..)ni. -ltA c) . , L5 24 iii .)4 3. ervice Type � ✓��I Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. „ 4. Restricted Delivery?(Extra Fee) 0 Yes ; 7003 3110 0001 8554 2084 ,\ ,r , J11,February 2004 Domestic Return Receipt \, 102595-02-M-1540 UNITED STATES POSTAL SERVICE 3 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 1 • Sender:t lease print your name, address, and ZIP+4 in this box • • dn IfdiMf)w If `Cv b 141/9--4,95 AF :4. .( ) 4r / 972 --ENDER COMPLETE`�r •l- bN t, THIS}sECTION"ONDECIyERY• , +7t S ,l. • Complete items 1,2,and3.Also complete A Signa . e �, r . / item 4 if Restricted Delivery is desired. 6, ❑Agent N Print your name and address on the reverse X / ❑Addressee so that we can return the card to you. c_--g Received by(Printed N e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery addre s-belo • ❑No (I? L4MPlod /'07 tl u40 3. Se ice(5-4 15"—k)At//5 agiT Type °'�o e, f //�� entified Mail Crit„., i /% 00g)bidt G I/ Registered ❑~Rata Receipt for Merchandise %1�7 . ❑Insured Mall ❑C.O.D. / / 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Num 7003 3110 0001 8554 2060 (Transfer from service lobe° I PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 11 11 1 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • S der: Please print your na , address, and ZIP+4 in this box • r [4 . nh ) 0D i Pp ! ir ` r�� 4s O S4 ô8 ) 1( jf.' if 7 ENDER.COMPLETE THIS SECTION - COMPLETE THIS SECTION`ON DELIVERY'. - ' Im Complete items 1,2,and 3.Also complete A. Signature _ item 4 if Restricted Delivery is dsired. ❑Agent ■ Printyour name and address on the reverse '',,O Q, lAt) 0 Addressee so tha Owe can return the card to you. B. Received by(Printed Name C. Date of Delivery • Attach this card to the back of the mailpiece, �704`� -v or on the front if space permits. D. Is.di;lnrtry actress different from item 1? 0 Yes 1. Article Addressed to: )C-S)TeOP f ter elive address below: ❑No OM • J d/2) nS , OF/Et Id (-5-6' .404- VM '. ddb e e.1.. °` ► Certified Mail 0 Express Mail tPiAin V/n/dl NI, ) [eCI ■ Registered 0 Return Receipt pt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Tiansferfror" 7003 ' 3110 0001 8554 2091' I' • PS Form 381 . , omestic Return Receipt 102595-02-M-1546 UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No.0-10 • Sende : Please print your name, address, and ZIP+4 in this box • 0/11 fi')R d\ • A-fin i)9 b . I k) 6 rr pvA--/—All3 R-4 - 50/4 V' 4 (\f e 1 ( q.?). f,,,fl,,,ftf,l„f,,,t,,,ft,t„ff„t„l,t,t,t„tf,,,ff,,,,l,t,I :lizio4 argairrigftiarips,miiitrie NK0L 1:11414I:11:14,011010161M0]4API4 1' - ■ Complete items 1,2,and 3.Also complete �. A. Sig,. ure item 4 if Restricted Delivery is desired. X I7 /�� ❑Agent • Print your name and address on the reverse '-- x,.. (� , � W ❑Addressee so that we can return the card to you. B."eceived by Printe ame) q Date of Deliverpc • Attach this card to the back of the mailplece, 'yrs 1�„Jstb� or on the front if space permits. a✓/ y_i c O) D. Is de every address different from item 1? 0 Yes 1. Article,Addressed to: If YES,enter delivery address below: 0 No ari6giThAnqi4evec, a_6,60t_ _ mimpfoillft---1,((le PO, zeg�� 3. S ice Type/� ///+++ I Certified Mail 0 Express Mail ( c ,nft o pl( ✓I `9, o 2; ❑Registered 0 Return Receipt for Merchandise ,1� �J f(J\ V? W 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number; . • 7 OP 3 i 311 .1 a.:a p a 8 5;5 4: i 2110 7 : i,: 1 i t(,Transfer from service , .' :c , • fit t PS Form 3811,February 2004' ' ' ' ' 'Domestic Return Receipt 1I\ 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 • Q-b= r)19)&: aN)1)-i19 a I4ôo 60m1. 0rd Aill 1/ 77/ ) "J ItIIlit Ii IIIII„Ii„IIiii Iiiiiiiiii,III, nutiI1 IiIil t -E , r :COMPLETE THIS'SECTION ` ?11,077 ■ Complete items 1,2,and 3.Also complete A. (Alturitem 4 if Restricted Delivery is desired. 1 �(i ❑Agent IIIPrint your name and address on the reverse _ 0 Addressee so that we can return the card to you. B. Received by(Printede j ' C Date of Delivery • Attach this card to the back of the mailpiece, �� or on the front if space permits. re D. Is delivery addr = -nt fregdem 1? L.,Yes 1. Article Addressed to: If YES,enter deli era ddressd;relow: ® Jo W4/frit‹8"f' ni9Q C:%_.% P �I Ndlli / ,nos z,zI I ,'i V1/ V f ),,,,,cl7 1 3. Se ice Type T Certified Mail ❑Express Mail �� /1� �� A/ t'J ❑ Registered ❑Retum Receipt for Merchandise q i2f ❑ Insured Mail (Extra Fee) 4. Restricted Delivery? �� ? ra Fee) ❑Yes 2. Article Number I 7003 3110 0001 8554 2077 (Transfer from service , PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 111111 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • S der: Please print your name, address, and ZIP+4 in this box • /1414 i PA/9) nV NA- (09-72h/9 P/94 doShia) A/ . //W y4►IAA • r• �Yx vrr.��•-ffKU ;LIAI*1r.I1.:1:1aC•1110 101MJ44Pl4:i ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /� ❑Agent ■ Print your name and address-on the reverse x �,(-) 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. Gr 5 G` - !T ./h S D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to. If r delivery address below: 0 No iciMek/6,/0/4n-r AG /if via cSgieflo i/ : Y //r7/ _ r rvice Typ- r s�.`ma�yy►►;+tCI Express Mail 'ig+ZRS. •-d 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 3110 0001 8554 2046 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 1 1111 First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Send : Please print your name, address, and ZIP+4 in this box • /04440N21,006 • /g / tO9 5 /V,i 4 . c a d (1/., • /197/ ' 4 hutimiliduimintlttlttilit1tt1t1titlttlitttiJtttjIdF • , 4111 f v. s a ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK --- x Inn the Matter of the Applicnationrvoff a°1e` ? <<���1 I9 Ir .Ai)r);n 6 AF ODF AVIT (Name of Applicants) MAILINGS CTM Parcel #1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) Li I, C , ��o residin at e PI , New York, being duly sworn, depose and say that: On the 1 day of b? i I , 200Oipersonally mailed at the United States Post Office in a(V410)4/) , New York, by CERTIFIED MAIL, RETURN RECEIPT R Q ETED, 'a true copy of the attached Legal • Notice in prepaid envelopes addressed to current owners shown o the current assessment roll verified from the official records file will- th (tAssessors, or ( ) County Real Property Office 1-111,14 �, D U 30�k , for every property which abuts and is across a public or private street,"or vehicular right-of- way of record, surrounding the app.• - is pro•-rty. (nature) Sworn to before me this �h1n•�,: 4771 day of C , 200 GAIL L.ASSE'rro •-�_ N°"NPV, state a York .� No Nlo,61bi6554225�bof Nev (NotaNota Public) atiEllfi:d ItrSutlMCoun ry C tnii;;�on G;, res Jan I6,20d + 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. • William and Atrlotte Penza Kenneth and Lisa Burns 9 Walnut Place 350 Wabasso Street Huntington, NY 11743 Southold, NY 11971 7?- 3_ --1 I— - -7R- 3—r Robert and Andrea Mohr 545 Wabasso Street Southold, NY 11971 r_? - 3- c4 Walter and Lynne Wenchell 1210 Hiawathas Path Southold, NY 11971 ^7S- 3- (e5 William Albro 520 Wabasso Street Southold, NY 11971 1r3—(-1c09 William and Torii Stevens 56 A Barnum Avenue Plainview, NY 11801 �n-3-41 Gunselman Irrevoc. Asset Management Trust PO Box 20850 El Cajon, CA 92021 3-cc 1400 Hiawathas Path Southold, NY 11971 Aprila2, 2005 Dear Neighbor: We are applying for a variance in order to add a small deck (12x12) off our back porch. Enclosed find the legal notice, and a copy of the survey on site plan. If you have any questions, please do not hesitate to stop by or give us a call (765-1354). Respectfully, Don & Sandie Annino - is. i�epartment's August 27, 2904 Zone:Limited Business. Location of Property: . 680 Notice of Disapproval a nded 1:20 PM PANAGIOTIS Maso • Cutchogue; CTM November 10, 200 li- KANARAS #5690. Request for of the Town Law and Cha ter 104-7- cant requests: a Lot Waiver under Section 100- p 9:55 AM ON TISON and of a Waiver under Section 100-26 26 to unmerge properties 1000 (Zoning),the Code of the Townub- DIANE GIARDI #5695. Y to unmerge properties referred referred to as CTM 1000-106-5- of hearingsoud wille be held by the Request for Reversal of the to as CTM' 1000-78-6-9.2 and 32 and 1000-106-5-33. The held in SOUTHOLD TOWN BOARD Building Department's February -9.3; 28,2005 Notice of Disapproval, Variances under Section 100- comon ownersh prrties haveeen as noted in OF APPEALS at the Town Hall, concerning a new second-story 32 for a reduction of CTM 1000- the Building Department's 53095 Main Road, P.O. Box addition which the Building 78-6-9.3 from 14,984+-sq.ft.to January 28, 2005 Notice of --1179, Southold, New York 4 Inspector states will constitute 13,500+- sq. ft., and increase of Disapproval and Section 100- 11971-0959, on Wednesday, an increase in the degree of non- CTM 10078 -9.2 from 6,098 25. Location of Property: 480 May 4, 2005, at the tithes noted, conformance at less than 35 feet sq.ft.to 7,500+-sq.ft.,resulting Ruth Road,Mattituck.(or as soon thereafter as from front lot line, or alterna- from a proposed lot line change 1:30 PM JANET LARSEN possible): tively a Variance under Sections in this R-40 Zone District(in the and CAROL WITSCHIEBEIN 9:35 AM CLIFFORD 100-242A and 100-244B, at 170 event the Waiver to unmerge is #5701. Request for Variances SCHRIEFER, JR. #5689. Laurel Avenue, Southold; CTMgranted). Request under Section 100-26 ' 56-3-4. under Sections 100-242A and . r a o unmerge CTM; 11:05 AM JOANN WALKER 100-244, based on the Building fo1000-Waivere (vacant land) from 10:00 A.M. DONALD and #5623. This is a request for Department's March 18, 2005 (improved). Based SANDRA ANNINO #5663. Variances under Section 100- Notice of Disapproval, for the CTM70-8-9 Inspector'sed). Based Request for a Variance under 239.4b, based on the Building reason that the proposed addi- onNovember Building24, Notice of Section 100-244, based on the Department's May 7, 2004 tions will constitute an increase Building Department's Notice of Disapproval,amended in the degree of nonconfor- Disapproval,the properties have December 1, 2004 Notice of May 20, 2004, September 17, mance with less than 15 feet been merged under Section 100- Disapproval concerninga pro- 2004, October 1, 2004, and minimum on a single side yard, 25. Location of Properly: 700 `2nd 800 Gardiner' ,Lane posed addition with alterations February 7, 2005, for proposed at 1000 Sound Beach Drive, Southold. at less than 50 feet from the rear additions (second-story addi- Mattituck; CTM 99-1-5. 9:40 AM REED AND JANE lot line,at 1400 Hiawathas Path, tion, swimming pool, and other 1:40 PM ANTHONY and RUBIN REE. Request a Southold; CTM 78-3-48. construction)at less than 75 feet DANIELLE CACIOPPO Variance under Section 100-32, 10:10 AM EUGENE AND from the bulkhead, at 290 Town #5686. Request for a Variance based on the Building100-3GEORGENE BOZZO #5668. Harbor Terrace, Southold; CTM under Section 100-244,based on Request for a Variance under 66-1-33. Depaituient's March 21, 2005 Sections 100-242A and 100- 1:00 PM W. BRUCE and October 14, 2004 Na ticeentof _Notice of Disapproval, concern- 244B, based on the BuildingMARY ANN BOLLMAN Disapproval, amended ing partial reconstruction of theDepartment's existing upper (proposedhe Notice f #5680. Request for Variances December 23, 2004, concerning alter- addition/alterations)levele ) roread Disapproval amended August 2, under Section 100-244,based on proposed additions with alter- adn that the ons) fea- 2004, for relief from Condition the Building Department's ations to the existing single-fam- son that heheight willstoriesbe No. 2 under ZB Decision 5567 February 3, 2005' Notice of ily dwelling at less Mian 40 feet threecstories. Location rendered October 7,2004,for an Disapproval, concerning an from the front property line, at Property: tie Private ofelevated lower deck, at 4135 application for a building permit 1455 Inlet Way, Southold; CTM Property: off the north Roadide#8 Camp Mineola Road,Mattituck; to substantially remove or 92-1-4. S.R.extending25, East Marion; CTM 23- CTM 123-5-27. demolish existing dwelling, and 1:50 GEORGE D, KOFINAS 1-1. 10:30 AM KRAUSE FAMILY to construct a new single-family #5693. Request for a Variance 9:45 AM DECLAN TRUST#5700. Requests for(a) dwelling: (1)at less than 10 feet under Section 100-30A.3, based Reversal of Buildingon a single side (2) at less than on the Building Department's MEAGHER#5698. Request for Department's November 8,2004 25 feet combine dside yards, (3) February 16, 2005 Notice of a Variance under Section 100- Notice of Disapproval concern- with lot coverage exceeding the Disapproval, concerning pro- 239.4B, based on the Building ing its determination that the code limitation of 20ercent Department's March 7, 2005 building is designed for a second and(4) at less than 75 feet from t atess thanai 15 feet h orta alterations Notice of Disapproval concern- dwelling use, and ing a proposed swimming pool under Sections 100-224 A, 100- Property:Variance the 1755 Trumans Pathn , Road, Cutchmum side ogue; CTMat 552 110-7- atEast less than 75 feet from bulk- 33C, 100-31A,for additions and Easion; CTM 31-13-4.head, at 750 Blue Marlin Drive,- 18.2 Southold;d; CTM rstructural alterations to existing 1:10 PM JOHN and GEORGE The Board of Appeals will 9:thAM SUSAN accessory barn which will GIANNARIS #5699. Request hear all persons, or their repre- 9:50 LEY JOHN andUN increase the degree of noncon- for a Variance under Section sentatives, desiring to be heard a Special Exception5Request foruthorie formity with setbacks at less 100-82, based on the Building at each hearing, and/or desiring an AccessoryeBed eo ue than 50 feet from the front lot Department's February 24,2005 to submit written statements as provided B Article BreakfastIII, line, at 1212 New Suffolk Notice of Disapproval concern- before the conclusion of each Section ed under of Avenue, Cutchogue; CTM 116- ing proposed additions and alter- hearing. Each hearing will not Sectio Code, for1 renting thef 6-10.2. ations to existing restaurant start earlier than designated ip to two rooms the rn appgppod 10:50 AM DONNA COOK within 100 feet of the front lot above. Files are available for ;auto tw oind the appl #5638.Location of Property: 25 line along NYS Route 25. review during regular business or sand serving of and 425 Private Road#12 (also Location of Property: Hellenic hours. If you have questions, orakf lodging to not moresthaninsix known as Windy Point Lane), Restaurant, 5145 Main Road, please do not hesitate to call Southold.Based on the Building East Marion; CTM 35-2-14. (631)765-1809. ' ` yyLETYt � �TTIO :+og 51 . / DRDPArPEALS' APR 2 6 2005L, AIyIvIAY4;2005 s1HERoY GIVEN;purse*to Section2672'oNINo i3o COUNTY OF SUFFO ARD op STATE OF NEW YORK ss: APTEALS Jacqueline M. Dube, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of ii ,?1_'-[11 ; which the annexed is a printed copy, has .>IJO Ni4J' been published in said Traveler zi ais3r, crroriw rn;T , '•;7. Watc man once each week vL=z: _' '3 for I week(s) I successively, c encing on the I-1 day of f.l. ., 2005. worn to before me this-1.....day of , 2005. Aiff �lic G Y�iru: ' Notary Public 9rir"to fn,,as zs Emily Hamill NOTARY PUBLIC,State of New York No.01HA5059984 Qualified in Suffolk County Commission expires May 06,2006 q,�t WOW; ••+ r • NOTICL ui- HEM : INS "he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : D . & S . ANNINO #5663 IJIAP # : 78-3-48 APPEAL : VARIANCE - REAR SETBACK REQUEST: ADDITION ( DECK) DATE : THURS . , APRIL 28t'' 10: 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD-TOWN OF S • UTHOLD 765- 1809 LEGAL NOTICE PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 28, 2005 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, April 28, 2005, at the time noted below(or as soon thereafter as possible): 10:00 AM DONALD and SANDRA ANNINO #5663. Request for a Variance under Section 100-244, based on the Building Department's December 1, 2004 Notice of Disapproval concerning proposed addition/ alterations proposed at less than 50 feet from the rear lot line, at 1400 Hiawathas Path, Southold; CTM 78- 3-48. 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: January 25, 2005. Ruth D. Oliva, Chairwoman Board of Appeals ' ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road at Youngs Avenue, Southold April 11, 2005 Re: Chapter 58 — Public Notices for Wednesday, May 4, 2005 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 Times Review newspaper. 1) Before APRIL 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by 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 APRIL 21St: 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) Before APRIL 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and kept in place till the hearing date. 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 at the meeting (or earlier if possible). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends.