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HomeMy WebLinkAbout5686 API~EALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DECISION MEETING OF MARCH 9, 2006 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 2OO6 Sour'hold To rn Clerk ZBA File Ref. Nos. 5686 and 5842: ANTHONY and DANIELLE CACIOPPO Property Location: 1455 Inlet Way, Southold Parcel CTM 92-1-4 SEORA 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. BASIS OF APPLICATION: Request for Variances under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended November 9, 2005, concerning proposed additions and alterations to the existing dwelling at less than 40 feet from the front yard line and exceeding the code limitation of 20% total lot coverage for all building area. 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 by the proposed 20 x 24 ft. addition. The purpose of the two-story addition is for garage and living space connected at the back of the home by an enclosed addition that must meet the requirements of the NYS Building Code and Town Code. The addition is at the northeast section behind the dwelling, and the footprint of the new construction is 20 feet at its closest point, as angled adjacent to the right-of-way of Cedar Point Drive East. Two large dry wells will be installed in the northwest and south yard areas for proper containment of water. The easterly yard area is not usable for building areas since it contains a large wetland area, adjacent to Fairhaven Inlet. 2. The benefit sought by the applicants for enlargement of living space and garage space cannot be achieved by some method, given the triangular shape of the property and the proximity of wetlands on the site. 3. The variance granted herein with respect to lot coverage is not substantial, with 1.7% increase of building coverage area of the site. Page 2 - March 9, 2006 Appl. No. 5686 and 5842 - A. and D. Cacioppo Parcel CTM 92-1-4 4. 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. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants 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 TH~ 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 Weisman, and duly carried, to GRANT the variances as applied for, as shown on the March 23, 2001 survey, amended November 7, 2005, by John C. Ehlers and 4-19-2005 partial site plan and elevation plan SK-3 prepared by DRC Designs, Inc. 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, Simon and Weisman. (Member Dinizio was absent.) Th~e~ution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 3/27/06 Approved for Filing CEOAR HO~ NECK BAY NOTICE COUNTY OF SUFFOLK Red Property ]'ox Serv ce .~genc! FORM NO. 3 ~ ~ NOTICE OF DISAPPROVAL DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 AMENDED: November 9, 2005 TO: Jim Fitzgerald AJC Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 9~2 Blockl Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article 1II, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a m~imum total lot coverage of 20 percent. The proposed addition is noted as being +/- 20 from the front yard and will result in a total lot coverage of 21.7 percent. This notice of disapproval was amended on October 25, 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attached by a legal breezeway, on April 25, 2005 to correct an error, on July 18, 2005, to reflect a new survey, by John Ehlers, dated 7/11/2005, showinR changes made at the request of the Southold rTg~u~nT! stet; and. additional information requested by the Southold Town Zoning Boardr~ppeals nd on Nove)nber 9, 2005 following changes made by the applicant. 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 ~""" ~ - '~ m ' tO For Office Use OhO' Fee: $ ~, ~ Flied By:~ Date Assigned/Assignment No. .... rr // ' / ParcelLocation: HouseNo.1455 Street Inlet Way Hamlet Sou,;hold SCTM 1000 Section 92 Block 1 Lot(s) ~1. Lot Size '49 aeZone District R-40 I (WE) APPEAL. THE 'vVRITT.EN DETKRFIINATION OF THE BUILDING INSPECTOR DATED: as ±ast amenoed 11/9/05 Applicant/Owner(s): Anthony Cacioppo and Danielle Cacioppo Mailing Address: 81 Hawthorne Place, Manhasset, NY 11030 Telephone: 51 6-365-851 6 NOTE: If applicant is not the ~wner, state if applicant I$ owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: James E. Fitzgerald, Jr. Address: PO Box 617, Cutchogue, NY 11935 Telephone: 631-734-58.00 Please specify who you wish correspondence to be mailed to, from the above listed ~am~s: [3 Applicant/Owner(s) ]~IXAuthorized Representative [] Other: WIIEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 10/14/o4. FOR: ~0 Building Permit [3 Certificate of Occupgncy [] Pre-Certificate of Occupancy 13 Change of Use [3 Permit for As-Built Construction. Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100- 244 Subsection Type of Appeal. An Appeal is made for: ~1 A Variance to the Zoning Code or Zoning Map. [] A Variance due' to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section 13 Reversal or Other .A' prior :ippeal [] has ~ has not been made with respect to this propert3' UNDER Appeal No. Year Appeal Application, Continued Part A: AREA VARIANCE REAS03/S (attach extra sheet as needed): See attached sheet. (1) An undesirable change will uot be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, becanse: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or i.mpact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MIINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Other~vise, please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE (if requested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing) (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSRIrP relates to the property and does not' appl}~ to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: on a separate sheet). The spirit Of the zoning ordinance will be observed. The public safety and welfare will be secured a~ ~'j~ · Signa~re of Appelant or ~t/horized A/gent Sworn to before me this (Agar must submit Auth6rttation from Owner) F ~ay p,f..o.: ......... ~'....., 200_~. ~Notary Public) kD ........ N~OTnA~I'P~U059406 a Z.A App 09/02 Qualified In Suffolk Counb/ Commission Expires May 29, 20 0 (describe Applicant: Anthony Cacioppo REASONS FOR AREA VARIANCE (Revised 1/9/06): 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The proposed addition will be in the same style as the existing house and its location on the property and its size and configuration are such that the impression from neighbor- ing properties and to passersby will be in keeping with the existing character of the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The proposed garage and additional living space cannot be located elsewhere on the property such as to eliminate the need for a variance. The SOO-square foot footprint has been reduced to the practical minimum for the intended use, but even this minimal addi- tional lot coverage puts the total coverage at 2L 7%, slightly beyond the statutory maxi- mum of 20%. The amount of relief requested is not substantial BECAUSE: The footprint of the proposed garage is appropriate for the garage and it has been located in such a way on this triangular-shaped property with nearby wetlands us to minimize the intrusion into the required front yard setback while maintaining the integrity of the exist- ing in-ground swimming pool With regard to the lot coverage, the project exceeds the statutory maximum by only363 square feet 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The proposed structure does not add any "new" varieties of physieal or environmental impacts; it continues the long-existing ordinary residential use of the property. It pro- vides the desired garage, while at the same time providing needed additional living space in the same footprinL Has the alleged difficulty been self-created? ( ) Yes (X) No 6. This is the minimm that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- STATE OF NEW YORK) COUNTY OF SUFFOLK) ~gent S Sworn to before me this 18'~' davaf :J~,~,,ann. v 2006 John M. Judge NOTARY PUBLIC, State of New York No. 01JU6059400 Qualified In Suffolk Count,/ Commission Expires May 29, 20 HAP OF CEDAR E~AC, H PARK FILED DEC.,. 20, Iq2-/AS FILE .51'rlJATE-. TOP, IN: ¢---~DUTHOLD SUFFOLK C.,OUNT"K .EURVE'r'ED: O~-2~-OI UPDATE ,~ PROPOSED ADDITION TOPO ADDED 10-05-04, 0'/-0~-05 LOT C, OVERA~E~ 0-I-18-05, O8-12-O5, FENC,E REHOVED 11-0-/-05 SUFFOLK C, OUNTh' TAX # Iooo - q2 - I - 4 NOV CERTIFIED TO: ANTHONY 6AC,IOPPO DANIEL_LE C,AC,IOPPO J' '~o \ o LOT COVERAGE AREA OF PROPERS: 20,4qq 5.F. EXISTIN~ 5~UG~E: HOUSE AND PORC,H 2,1~0 5.F. POOL AN~ PO~OH EXIETIN~ LOT CO~E / PROPOEE~= TYqO-5.TOR¥ ADDITION 480 ~,.F. C, ONNEC, TIN® HALLI, flA"( 20 ~.F. TOTAL- PROPOSED 500 5.F. OR 2.4 % TOTAL C,OVERA®E 4,469 5.F OR 21.-/ % N W ',',z E S 9 Z005 NOT~S: · MONUMENT 0 PIPE E'~'AT,ON~ REFE~NC,E 0~ N*,'D ,~,~ DA~ JOHN C. EHLERS L~D SURVEYOR AREA: 20,4qq 5.F. OR 0.4q AC~S 6 EAST MA~ S~ET N.Y.S. LIC. m0. 50202 6~PHIC SCALE I"= ~0' ~AD, N.Y. 11~1 369-8288 F~ 369-828? ~F.ZAprosX0 lX01 - 146.pro DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 12, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth Oliva, Chair To~vn of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: 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 disapproval. Applicant(s) Municipal File Number(s) Milot, Philip 5705 Edgewater II 5815 Landi, Thomas 5816 Roberts, Gregg & Kathi 5817 Speyer, James & Karen 5819 Hill, Charles & Lynn 5823 Grun, Susan Rogers 5824 Festa, Carol 5834 Napolitano, Anthony & Susan 5835 Mc Laughlin, Terry 5837 Reuna, Angelo & Susan 5840 Long, Paul 5841 Cacioppo, Anthony & Danielle 5842 Haerr, Julie Anne 5845 Doody, Peter 5847 Karacostas, Elena 5850 Brandvold, John & Marion 5851 Rouleau, Eric 5852 Biel Associates, LLC 5855 Orient Fire District 5863 Guild, Jay 5866 Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc I-OCAIION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY S/s Christopher S. Wrede Planning Aide MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5; 90 TELECOPIER (631) 853-4044 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 6,2006 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5842 Action Requested: Within 500 feet of: (Cacioppo) Lot Coverage ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 AMENDED: November 9, 2005 TO: Jim Fitzgerald AJC Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 92 Blockl Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a maximum total lot coverage of 20 percent. The proposed addition is noted as being +/- 20 from the front yard and will result in a total lot coverage of 21.7 percent. This notice of disapproval was amended on October 25~ 2004~ when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling~ rather than an accessory buildine attached by a legal breezeway~ on April 25~ 2005 to correct an error~ on July 18~ 2005~ to reflect a new survey~ by John Ehlers~ dated 7/11/2005~ showing changes made at the request of the Southold Town Trustees and additional information requested by the Southold Town Zonine  ovember 9~ 2005 following changes made by the applicant. ' '~'A~tho~z e d/~ ignat u-r e 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. ~ ' r;-/J £or OJyice Use OhO' led By:~,~l~~ Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ParcelLocation: HouseNo. 1455 Street Inlet Way Hamlet Sou~;hokd SCTM 1000 Section 92 Block 1 Lot(s) ~' Lot Size '49 aCZone District R-40 I (WE) APPeAL. THE WRITT,EN DETERMINATION OF THE BUILDING INSPECTOR DATED: as ±asr amenmed 11/9/05 Applicant/Owner(s): Anthony Cacioppo and Danielle Cacioppo Mailing Address: 81 Hawthorne Place, ~anhasset, NY 11030 Telephone: 51 6-3 65-851 6 Authorized Representative: James E. Fitzgerald, Jr. Address: PO Box 617, Cutchogue, NY 11935 Telephone: . 631-734-58.00 Please specify who you wish correspondence to be mailed to, from the above listed ~iamys: El Applicant/Owner(s) J~XAuthorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 10/14/0/4 FOP.: l~ Building Permit [] Certificate of OccuPancY [] Pre-Certificate of Occupancy [] Change of Use ~ Permit for As-Built Construction' Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100-2/414 Subsection Type of Appeal. An Appeal is made for: ~ 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. [] Interpretation of the Town Code, Article Section [] Reversal or Other .A prior ~ppeal [] has ~ has not been made with respect to this properD' UNDER Appeal No. Year · Appeal Application, Continued Part A: AREA VARIANCE REASONS (attach extra sheet as needed): See attached sheet. (1) An undesirable change will cot be produced ill tile CHARACTER of tile neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for tile applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or i.mpact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise~ please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE (if requested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult yonr attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not'apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: on a separate sheet). The spirit of the zoning ordinance will be observed· The public safety and welfare will be secured a/nd su~tant~ial . Signa~6re of Appellant or ~u/~thorized Agent Sworn to before me this (Agent must submit AuthOriZation from Owner) I~"day ¢~' ............. ~'....., 200_~. u. "n~Notary Public) %) ~ NOTARY PUBLIC, State of NewYork No. 01JU6059400 ZBA App 08/02 Qualified In Suffolk County Commission Expires May 29, 20 (describe FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 AMENDED: November 9, 2005 TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single familv dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 9_.~2 Blockl Lot _4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article 1Ii, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a maximum total lot coveraae of 20 percent. The proposed addition is noted as being +/- 20 from the front yard and will result in a total lot coverage of 21.7 percent. This notice of disapproval was amended on October 25, 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory buildinl, attached by a legal breezeway, on April 25, 2005 to correct an error, on July 18, 2005~ to reflect a new survey, by John Ehlers, dated 7/11/2005~ showing changes made at the request of the S outhold ~Tc.w-a-_Ti ~t~-am[ additional information requested by the Southold Town Zonino Boardror~ppeals' nd on Nove"mber 9~ 2005 following changes made by the applicant. 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. Applicant: Anthony Cacioppo REASONS FOR AREA VARIANCE (Revised 1/9/06): 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The proposed addition will be in the same style as the existing house and its location on the property and its size and configuration are such that the impression from neighbor- ing properties and to passersby will be in keeping with the existing character of the neighborhooa[ 2. The benefit sought by the applicmat CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The proposed garage and additional living space cannot be located elsewhere on the property such as to eliminate the need for a variance. The SOO-square foot footprint has been reduced to the practical minimum for the intended use, but even this minimal addi- tional lot coverage puts the total coverage at 21. 7%, slightly beyond the statutory maxi- mum of 20%. The amount of relief requested is not substantial BECAUSE: The foo~rint of the proposed garage is appropriate for the garage and it has been located in such a way on this trlangular-shaped property with nearby wetlands as to tninindze the intrusion into the reqalred front yard setbacl~ while maintaining the integrity of the exist- ing in-ground swimming pool. With regard to the lot coverage, the project exceeds the statutory maximum by oaly363 sqaare fee& 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The proposed structure does not add any "new" varieties of physical or environmental impacts; it continues the long-existing ordinary residential use of the property. It pro- vides the desired garage, while at the same time providing needed additional living space in the same footprint. Has the alleged difficulty been self-created? ( ) Yes (x) This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- STATE OF NEW YORK) COUNTY OF SUFFOLK) Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Pt'~:~e~ 1-734~5800 Fax: 631-734-7463 MEMORANDUM TO: DATE: 11/7/05 Damon - Building Department Lauren - Trustees Linda - ZBA FROM: Jim Fitzgerald SUBJECT: Anthony Cacioppo, SCTM #1000-92-1-4 Here are copies of the plan (Ehlers, last dated 11/7/05) which incorporates and accurately re- flects the changes required by and approved by the Trustees. Damon: If this requires a new disapproval, please issue one with a copy to the ZBA. Lauren: This is for your records. Linda: There are seven copies for you. OF: LOT # q l HAP OF CEDAR BEACH PARK FILE~ ~EC,. 20, Iq2-/ AS FILE ~t cio SITUATE: B,A'r'VIEI,~I TOI, NN: .SOUTHOLD ~t)FFOLK COUNT'K -~JRVEY'ED, 0~-2~.-01 UPDATE ,~ PROPOSED ADDITION oq-oI-O4 TOPO ADDED 10-05-04, 0-I-08-05 LOT COVERAGES O-/-18-O5, O8-12-O5, FENCE REHOVED 11-O~-O5 ~FFOLK COUN~ TAX ¢ IOOO- q2 - I - 4 CERTIFIED TO, ANTHON~ CAGIOPPO LOT COVERA®E AREA OF PROPERTY: EXISTIN® STRUCTdRE, HOUSE AND PORCH POOL AND PORCH EXISTIN® LOT COVERA®E 20,4qq 2,1'-/O S.F. I,Jq~ 5.F. 5,q63 S.F. OR Iq.~ / I //~/~/ / / b/dOll // / / / / / / / I / I I I IIi PROPOSED: T~O-STOR"r" ADDITION 4.80 S.F. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 92 Blockl Lot 4 Is returned herewith and disapproved on the following gxounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a maximum total lot coverage of 20 percent. The proposed addition is noted as being +/- 13 from the front yard and will result in a total lot coverage of 22.7 percent. This notice of disapproval was amended on October 25~ 2004~ when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling~ rather than an accessory building attached by a legal breezeway~ on April 25, 2005 to correct an error~ and on July 18~ 2005~ to reflect a new survey, by John Ehlers, dated 7/11/2005~ showing changes made at the request of the Southold Town Trustees and additional information requested by the Southold Town Zoning Board of Ap..p. eals. Au-"fh'~oh'~ed 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. SUP. X/ET OF: LOT :Il: '::11 HAP DP OEI2A~ t~F_AF__A-I PAF2J<. FILEI~ [::~F__... 20, Iq2.'1' ~ FILE 51Tt)A"FE, BATVIEIAI TOIAIN, .~3OUTHOLI2 E~IFI=OLK COUNTY SURVEYED= 0~-2~-01 UPDATE ~ PROPOSEE~ ADDITION TOPO ADDED IO-O5-O4, SUFFOLK. COUNTT' TAX # IOOO - q2 - I - 4 / ! N CERTIFIED TO: ANTHONY CACiOPPO 12ANIELLE CACIOPPO LOT COVERA®E OF EXISTtN® AND PROPOSED = 4,~5] S.P. OR 22.] % NOTES: · MONUMENT O PIPtE ELEVATIONS REFERENCE US®S N®VD '2q DATUM AREA = 20,4qq S.P. OR O.4q ACRES ®RAPHIO SC, ALE l"= 90' Ff~Of/ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~qp server\d~PROS\01-146.pro TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23~ 2004 AMENDED: April 25, 2005 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 9~2 Block~l Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet. The proposed addition is noted as being +/- 13 from the front yard. This notice of disapproval was amended on October 25, 2004~ when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attached by a legal breezeway. This permitted was amended on April 25~ 2005 to correct an error. Aut~o/rized 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. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing sinale family dwellint at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 9~2 Block~l Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 35 feet. The proposed addition is noted as being +/- 13 from the front yard· This notice of disapproval was amended on October 25, 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attached by a_.~gal breezeway. Authorize, 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. FRONT ELEVATION ,~,(-_..,~E: 3/1~,".1'-0' DATE: 3.1105 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ Office Notes: __ Filed By: i:'Of OJfi~e U$¢ Otl~) Parcel Location: House No. 11455 Street Inlet Way Hamlet SouZhold SCTM 1000 Section 92 Block 1 Lot(s) ~ Lot Size '49 aC'Zone District R-140 I (WE) APPEAL THE %VP. ITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 23, 2004 Applicant/Owner(s): Anthony Cacioppo and Danielle Cacioppo Mailing Address: 81 Hawthorne Place, Manhasset, NY 11030 Telephone: 516-365-8516 Authorized Representative: James E. Fitzgerald, Jr. Address: PO Box 617, Cutchogue, NY 11935 Telephone: 631-734-5800 Please specify who you wish correspondence to be mailed to, from the above listed ~iames: {2 Applicant/Owner(s) ~ Authorized Representative © Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1 0/14/04 FOR: i~l Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction, Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100- 2~¢ Subsection Type of Appeal. An Appeal is made for: E3 A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law~Section 280-A, [] Interpretation of the Town Code. Article Section [] Reversal or Other ~X prior t/pi)cai [5 has ~ has not been matle x~ith respect to this propert3 UN1)ER Apl)cai No, Year__.. Appeal Application, Continued Part A: AR£;.I I 71RIANCE RIz'..ISOAiS' (attacIl extra .~heet ax needed): See attached sheet. (1) An undesirable change ~ ill oot be lJroduccd in lhe CIIAP, ACTER of tile ncigllborhood or a detriment to nearby propert es, if granted, becaase: (2) The henefit sought by the applicant CANNOT be achieved by some method feasible for tile applicaut to pursue, other than an area variance, because: (3) The amonnt of relief requested is uot substantial becanse: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the constructioa existing, as built? ( ) Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the ~IINIb, IUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 belosv if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Othersvise. please proceed to the signature and uotarv area below. Part B: REASONS FOR USE VARIANCE (if reqaested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does no(apply to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance ,vii, be observed. The public safety and welfare will be secured and substantial j · ' Signature of Appellant or A~or{zed Agent/ Sworn t0 before me this · h~at. ~.~L ~l~v nc ~;~ ~nn C. (Agent must submit Aut ion from O~vner) ~~,~'~ ~ ' ~, ~,~ ,,: (Notary Public) ~~ "'-" ' ' ' , -7 ZBA App 08/02 Applicant: Anthony Cacioppo REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: Tit,, proposed addition will be in the same style as the existing house and its location on the property and its configuration are such that the impression from neighboring propOr- ties and to passersby will be in keeping with the existing character of the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The proposed garage and additional living space cannot be located elsewhere on the property without requiring a variance. 3. The amount of relief requested is not substantial BECAUSE: The footprint of the proposed garage is appropriate for a two-car garage and it has been located in such a way on this triangular-shape property with nearby wetlands as to mini- mize the intrusion into the required front yard setback while maintaining the integrity of the existing in-ground swimming pool 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The proposed structure does not add any "new" varieties of physical or environmental tn,?acts; it continues the ordinary residential use of the property. It provides the desired garage, while at the same time providing needed additional h'ving space in the same foot- prinL Has the alleged difficulty been self-created? ( ) Yes (X) No PROJECT DESCRIPTION (Plea se include with Z.B.A. Application) Applicant(s): Anthony & Danielle Cacioppo I. If building is existing and alterations/additions/renovations are proposed. A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Garage 24 x 24; hallway 9 x 8 Square footage: 576 q- 72 = 648 B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage:. Il. If land is vacant: Please give dimensions Dimension/size: and overall square footage of new construction: Square footage: Height: III. Purpose and use of new construction requested in this application: Garage, plus added living space Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Steep slope on east side of property precludes building there. V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. ° 7/02 Please note: Further changes, after submitting the above information, must be [~Iaced in writing and ma)' require a new Notice of Disapproval to show changes to the initial plans, if additional time is needed, please contact our office, or plea.re check with Building Department (~65-1802) or Appeals Del)artment (.765-1809) if you are not sure Thank you. PHOTO A: Looking NE. The pink-flagged stakes mark the corners of the NW-facing side of the proposed addition. (2/20/05 at 1540 hrs) PHOTO B: Looking SSW at the same stakes. (2/20/05 at 1545 hfs) PROJECT SITE PHOTOS Application regarding the property of Anthony Cacioppo, SCTM/41000-92- l-4 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 February 20, 2005 TOWN"OF. SOU?HOLD I~OpERTy 'REC°RD CARD OWNER FoRME/R OWNER RF.S,, 2/(3 sF_As. ¥1LLAGE DISTRICT. SUB. TYPE OF BUILDING IMP. 1 ~-°° , Farm Tilloble T g'illable 2 · Tillable 3 Woodland Swampl~and Brt.~[and ' -' House Plot Total AGE NEW NORMAL A~re BUILDING cONDITION BELOw ' J ABOVE FRONTAGE ON ROAD BULKHEAD DOCK M. B. Jdg. Extension , ~,tension l · Garage Foundation 3¥ L Ext, Wal]s Fire Place _~ t /':- _ Potlo Driv~oy Porch Porch Bath Floors Interior Finish' -leat · t / Roof Type IRoon'~s 1st Floor Rooms 2nd Floor Dormer 473889 92.-1-4 OWNER: LEE, VIRGINIA OLGA NUMBER# DATE TYP~ CO # USE/DESCRIPTION ~ 8417 3/11/76 PERMIT 19406 N/D BP ~8417-r CO Z-19406 ISSU 27623 4/11/01 ~PRE CO DWELLING 10150 4/03/79 PERMIT ACCESSORY 19132 6/14/90 PERMIT 19279 ACCESSORY 19527 9/11/90 PERMIT 19595 ADD DECK N/D BP #19527-Z DECK 20953 9/14/92 PERMIT 23231 ADD & ALT BP #20953-Z issued t o/oo/oo o/oo/oo o/oo/oo o/oo/oo Fl=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit QUESTIO}~;AIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Anthony Cacioppo Co-owner Danielle Cacioppo Co-owner B. Is the subject premises listed on the real estate market ~or sale or being shown to prospective buyers? { } Yes { ~ } No. (If Yes, plmmsm at~m~h c-ot~/ o~ "conditions" of sa/e.) C. Are there ar~f~rroposalm to ~hange ~rr alter l~nd contours7 { } Yes {~} No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland area~ shown on the map submitted wi ht~ this application? ~ 3. Is the property bulkheaded ~e~ween the 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? ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~]fz__ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fen~ns which e~4~t B_n~ are not sh~n on the survey map that you submitting?_1~ If none exist, please state "none. G. 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. H. Do you ~r any co-owner also own other land close to this parcel?~O If yes, please explain where or submit copies of deeds. parcel private residence proposed use private residence 3/87, 10/901k Please list present use or operations conducted at this and PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I.~I~ROJECT INFORMATION (To be completec~ by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME James E. Fitzgerald~ Jr. Cacioppo house extension 3. PROJECT LOCATION: Mt~.iclpe*ity Southoid , co,nw Suffolk 4. PRECISE LOCATION (Street ad~ress anti roacl intersections, promfnent lanclmar~s, etc., or provide map) 1L~55 Inlet Way Southold NY 11971 See attached maps. 5. IS PROPOSED ACTION: ~] New [] Expansion [] Mocllflcat/onlalteration PROJECT DESCRIPTION: Construct 24' X 24' two-story extension to existing house, with garage on ground level and living space with bath above; with 9' X 8' fully enclosed and conditioned connecting hallway to existing house. 7. AMOUNT OF I.AND AFFECTED; Initially less thais. 0. ~a(:res Ultimately N/~. acres 8. WI,~LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? l ~Yes ~No IfNo, deacribebriefly Front yard setback is not sufficient, 9. WHAT IS PRESENT LaNC USE ~N WC~N~TY OR PROJECW? [] Residential [] Inclustrial [] Commercial [] AgNculture [] Park/Forest/Open space [] Other Describe: Medium-size private residences.' 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) an~J permit/approvals Required: NYSDEC, Southold Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS A RESULT OF PROPOSED ACT,ON WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? James E. ~I~z~ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE g~ald, Jr. If the action is in the Coasta ~rea, and you are a state agency, complete the / Coastal Assessmen, Form before proceeding with this assessment o,t*: 12/2g/04 OVER 1 81 Hawthorne Place Manhasset, New York 11030 Chairwoman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance for the construction of an addition to the existing house on my property located at 1455 Inlet Way, Southold, and designated by Suffolk County Tax Map No. 1000- 92-1-4, and to furnish, upon request, supplemental information in support of the application. A~nt'~ oppo APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of $outhotd's Code of Ethics prohibits conflicts of interest on tile part of Town officc~ and emolovees. The numnse 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 necessan' to avoid same. ¥OURNAME: Ca¢ioppo, Anthony (Last name, first name. middle initial, unless vo,~ are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name ) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance variance ×X Change of Zone Approval of Plat F~emprion from Plat or Offizial Map Other X'~"- If "Other", name the a~ivity: Wetlands permit Do y.~u personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any 'officer or employee of the Town of Southold? "Relationship" iaeludes by blood, marriage, oi' basmess interest. "Basmess interest" means a business, iaeluding a pammership, ia which the Town officer or employee has even a partial ownership of (or ezaployment by) a corporation in which the Town officer or employee owns more than 5% of the shares. - YES NO XX' If you answered "YES", complete the balance of this form and da*e and sign where indie,a:ed. Name of person employed by the Town of Southold: Title or position of that person: Describe tha~ 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 m the space provided. The Town officer or employee or his or her spouse, sibliag, parent, or child is (cheek 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 intel'est m a non-corporate entity. (when the applicant is not a corporation); C) an officer, director, parmer, or employee of the. applicant; or D) the actual applicant. ' DESCRIPTION OF RELATIONSHIP Submitted ~'w ~,~/~ ~ of December, PrmtNam~" ~h~hony Cacioppo SOUTHOLD \, B .4 Y~,~ Hoc; NECK NASSAU POINT THE AREA OF THE PROPOSED PROJECT IS CIRCLED ./ ./ / / / ./&o'" St VICINITY MAP Application regarding the properly of Anthony Cacioppo~ SCTM #1000-92-1-4 Represented by DROPER-T PERMIT SERVICES P.O. Box 6~7. Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 December 20, 2004 SURVEY OF LOT ~ MAP OF C,t=I~AR DtD~,H PAI:~-. FILED I:~C,. 20, 1~2-/A~ FILE 51TOATt~; DAYVIEI~I 5bTT', OLK C, OUNTY N CERTIFIED TO~ ANTHONY C, AC, IOPPO DANIELLE C..AG IOPPO NOTES~ · MONt)NIENT O PIPF IELFVATION~ REI=FRFNC-'F U565 NOVD '2q DATUM AREA = 20,4qq 5.F:. 0f~ 0.4q AC,.RF5 ®RAPHIC SC, ALE I"= 30' JOHN C. EI-ILERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 R1VERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\UHp server~d~PROS\01-146.pro FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Octo~ TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000- Section 92 Blockl Lot4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 100-230F, which states, "An accessory building may be otherwise located when attached by a breezeway, provided that it is used only for accessory storage or garage purposes and meets all setback provisions required for the main, principal building." Although the accessory building will be attached by a legal breezeway, it is noted as being +/- 13 from the front yard. stat~/~'smz~e~equire) minimum front J Authorized/Si~ Therefore, the proposed ¢onseo4ction is not permitted pursuant to Article III, Section 100-244, which yard setback of 35 feet. 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. PAlaTIAL 51TE PLAN T.O ~WN OF SOUTHOLD ,~..~ BUILDING DEPARTMENT ~ TOWN ItALL SOUTHOIxD, NY 11971 TEL:.(631) 765-1802 FAX: (631) 765-9502 www. northforlc~et/Southold/ PERMIT NO, Examined ~, 20 ~~",X BUILD~RM1T APPLICATION CHECKLIST Do yoIl ha~ or ~ th~ f011owill~ ~ ~ply~g? Bo~xd of H~alth ' ~ 3 ~'~ o~Bu~lfllng Pl~z phnn~i$ Board approval 8eptio Fonn N.Y.S.D.E.C. Contact: Mailto: ~DO NO~ Phone: 734-5800 APPLICATION FOR BUILDING PER1VIIT '~ [ /[ 2004 Date Oct 8~ ~2004 ,20 ~ INSTRUCTIONS -m--This appticauon ML~Tq~ completely filled m by typewriter or m ink and submitted to the 13uikhnE ImpeeXor with 3 sets of plans, accurate plot plan to scale. Fee aeeoralng to schedule. b. Plot plan showing lqeafio~ of lot and of buildings on premises, relationship to adjoining p~v,,i.~e* or public street, or areas, and waterways. c. The work covered by this application may not be ec,~eaxeed before is~,a~ce of Builttln$ Permit. d. Upon approval of this application, the Building Im'peetor ~ issue a Building Permit to the ~vlieant. Such a p~ult shall be kept on the premises available for inspection throughout the work. e. No buff,llng shall be occupied or used in whole or in part for any purpose what so ever ~mfl the BUilrlinE Inspector issues a Certificate of Occupancy. f. Every building permit shall e0q~re if the work authorized has not eo,',neneed within 12 months after the date of issuance or has not been completed within 18 months fzom sueh date. If no zoning ameamlments or other mgulatiom affeeelng the property have been enacted in the interim, the Building Iuspeetor may authorize, in writing, the exteamion of the p~mit for an addition~six months. ThereaRer, a new permit shall be required. ~ ~ APPLICA"I~ION IS HEREBy MADE t0the BUilding DePa~ent :-~ ~ ' for the issuance of a Btfildlng Permit pursuant to the Building Zone O~dlnance of the Town of Southold, Suffolk County, New York, and other epplieabl~ Laws, Orellnances or Regulations, for the construction of buildlngs; additions, or alterations or for removal or demolition as hea~4u descalbed. The applicant agrees to comply with all applicable laws, ordinances, .building code, housing c~:le, ~ons, and to s*rlmlt (Mmq~E addr~ of applic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Name of owner of premises Anthony Cacioppo (As on the tax roll or latest deed) If applicant is a corpor~ition, signature of duly authorized officer D~mensionn of existing Height. Dimensions of same sty D"pth.. 68' , ~ ~ 8. Dimensions of entire new~ Height 9. Size of lot: Front I 62 10. Date of Purchase 1 1. Zone or use district in whi~ 12. Does proposed eons~ruefi( 13. Will lot be r~graded? Anthony Cacioppo, 14. Names of Owner of p~wni Name of ~'chitect -- Name of Contractor 15 a. Is thiu property within 1( * IF YES, SOUTHOLD b. Is this property within 3( * IF YES, D.E.C. PERMITS 16. Provide survey, to scale, 17. If elevation at any point o~ STATE OF NEW YORK) SS: COUNTY OF Suffo2)k James E. Fitzgeral (Name of individual s~8~h~ (S)He/~ the ag~ent 44 ' Rear 44 ' Two zctares, if any: From Number of Stories tcture with alte[ations or additions: Front 76 ' Height. ' Number of Stories ~nstmction: From Number of Stories Re~ Depth 241 ' Name of Former oWn~ h premlnes are situated R-140 Rear Two Depth ( triangular ) 68 ' violate any zoning law, ordinance or regulation? YES XX NO __ NO XX Will excess fill b~ removed f~om premises? YES__ NO__ 81 Hawthorne Place, Manhasset, ~ 11030 516-365-8516 eS Address~ Phone No. Address~ Phone No Addressi. Phone No. ) feet of a tidal wetland or a freshwater wetland? *YES XX NO 2q TRUSTEES a D.E.C. PERlqIIrS MAY BE REQUIRE--~. -- ) feet of a tidal wetland%?~ YES XX NO vlAY BE REQUIRED. i th accurate foundation plan and ~stances to property lines, property is at I0 feet or below, haust provide topographical data on survey. h of said owner or owners, and is ( that all statements contained in tt performed ia the manner S~ fort[ d, Jr. being duly S~Wom, deposes and says that (s)he is the apphcant contract) above ,umed, ~ontractor, Agent, Corporate Officer, etc.) 44' S~ JDYCE M. WILKINS Notary Public, State of New No. 4952248, Suffolk County Term ~ires June 12, fly authorized to pm-form or have performed the said work and to make and file this application; application are tree to the best ot his knowledge and belie~ and that the work will be in the application filed therewith. E, UP-.VEYEO: 0~-2~-0i UPDATE ~ PIROPOC2EID AE2121TION Oq-Ol-04 ~/~ ~ / N C..Et~.TI F I EO TO, ANTHONY C..AC. I0 PPO I~ANIELLE C. AC. IOPPO NOTES; · MONUMENT 0 PIPE AP-.EA = 20.4qq S.F. OR 0.4q ACRES ®P-.APHIC SCALE I"= 90' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. N~1~'50202 RVCBRHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~Ip server~d~PROS\01-146.pro APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 March 28, 2006 By Re,qu ar Mail and Fax Transmission 734-7463 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services, Inc. P. O. Box 617 Cutchogue, NY 11935 Re: ZBA File Nos. 5686 and 5842 - CTM 92-1-4 (Cacioppo Requests) Dear Mr. Fitzgerald: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its March 9, 2006 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 at the time of submitting any other documents or amendments, if necessary, during the final review step. Thank you. Very truly yours, Enclosure Copy of Decision 3/28/06 to: Building Department Linda Kowalski Proper- T Permit Sdrvices P.O. Box 617. Cutchogue NY 11935 Phone: 631-734-5800 MEMORANDUM DATE: January 18, 2006 Fax: 631-734-7463 TO: Linda - ZBA Office FROM: Jim Fitzgerald SUBJECT: Anthony Cacioppo, Ref#5686; SCTM #1000-92-1-4 Attached are a check in the amount of $200 and 7 copies of a revised application which re- flects the added requested variance for excessive lot coverage. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 20, 2006 Zoning Appeal No. 5842 Transmitted herewith is Zoning Appeals No. 5842 of Anthony & Danielle Cacioppo- the Application to the Southold Town Board of Appeals. Also enclosed is a Reasons For Area Variance form (Revised 1/9/06) and a Notice of Disapproval. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/20/06 * * * RECEIPT * * * Receipt#: 2219 Transaction(s): 1 1 Application Fees Reference Subtotal 5842 $200.00 Check#: 2219 Total Paid: $200.00 Name: Cacioppo, Anthony & Danielle 81 Hawthorne Place Manhasset, NY 11030 Clerk ID: MICHELLE Internal ID: 5842 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check fo.r Processing) DATE: 01/18/06 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 5842 CACIOPPO, ANTHONY 2219 $200.00 (Proper-T) JAI4 2 0 2005 $oufhold fow~ Clerl~ TOTAL $200.00 Thank you. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 AMENDED: November 9, 2005 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Wa,/, Southold, NY County Tax Map No. 1000 - Section 9~2 Block~l Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a maximum total lot coverage of 20 percent. The proposed addition is noted as being +/- 20 from the front yard and will result in a total lot coverage of 21.7 percent. This notice of disapproval was amended on October 25~ 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling~ rather than an accessory building attached by a legal breezeway~ on April 25, 2005 to correct an error~ on July 18, 2005, to reflect a new survey~ by John Ehlers, dated 7/11/2005, showing changes made at the request of the Southold..Town.T.r.u, st~,~nd additional information requested by the Southold Town Zoning Bo[~r'd~pg'A~als a~d on N}ovem~ber 9, 2005 following changes made by the applicant. ~u~th fized S~ 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. SUP~VIE~' OF L°T # ql HAP OF C.,EPAR BEAC.,H PARK FILED DEC_.,. 2.0, Iq2-'/ A5 51TUATE: BA"CV'I EI, N TOI,",IN.....5OUTHOL~ SUFFOLK GOON-Pr' 5URVEYED~ OD-2D-OI UPDATE ~t PROPOSED AD[)ITION Oq-OI-O4 FILE # qO TOPO ADDED IO-O5-O4, 0-/-0,5-05 LOT COVERA®E5 O3-18-O5, O8-12-O5, FENCE REMOVED 11-O-/-o5 SUFFOLK COUNTY' TAX * IOOO- q2 - I - CERTIFIED TO~ ANTHONY CACIOPPO DANIELLE CACIOPPO ' . LOT COVERA®E ~ AF~EA OF PROPERT'r': 20,4qq 5.F. % EXISTING STRUCTURE: % HOUSE AND' PORCH 2,1-/0 S.F. % POOL AND PORCH I,-/qD S.F. ~ EXISTIN5 LOT COVERACE D,q&D S.F. OR q.D ~ / 0 PROPOSED: ThIO-STORY ADDITION 4,50 5.F. CONNECTIN® HALLNAT 20 5.F. TOTAL PROPOSED 500 S.F. OR 2.4 95 TOTAL COVERA®E 4,4&E~ S.F O~ NOTEg: · HONUI"dENT 0 PIPE ELEYATION5 REFERENCE US®S N®VD '2q DATUH AREA = 20,4qq 5.F. OR 0.4q ACP--E5 ®RAPHIC SCALE I"= :DO' N JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.Z:\pros\01\01-146.pro FORM NO. 3 NOTICE OF DISAPPROVAL TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 92 Blockl Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a maximum total lot coverage of 20 percent. The proposed addition is noted as being +/- 13 from the front yard and will result in a total lot coverage of 22.7 percent. This notice of disapproval was amended on October 25~ 2004~ when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling~ rather than an accessory buildin~ attached by a legal breezeway~ on April 25~ 2005 to correct an error~ and on July 18~ 2005~ to reflect a new survey~ by John Ehlers~ dated 7/11/2005~ showing changes made at the request of the Southold Town Trustees and additional information requested by the Southold Town Zoning Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ~/~/ · ~ FORM NO 3 NOTICE OF DISAPPROV~ RECEIVED DATE: October ]4, 2004 APR ~ ~ 2~5 AMENDED: October 25, 2004 ~ ~4 ~& ~NEWED: December 23, 2004 AMENDED: April 25, 2005 Jim Fitzgerald ~C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 9~2 Block~l Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant,t~rticle III, Section 100-244, which states that such parcels require a minimum front yard setback ~40~eet. The proposed addition is noted as being +/- 13 from the front yard. This notice of disapproval was amended on October 25~ 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attached by a legal breezeway. This permitted was amended on April 25~ 2005 to correct an error. 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. Revised Plan, 5~4~05 Anthony Cacioppo ~,~, ~_/ - .... J ~ -E ~)) .~. N S 1F DK(;Clesigns, ~nc. F'~,~TI,~L. BITE PLAN P~OPOSED ~DD [TtON DAT~: 04.1°J.mB DRCdesigns, inc. PROPOSED FRONT ELEVATION CACIOF~O fi~$1DENCE DATE: 04.1~J.~D5 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 9~2 Block~l Lot 4 Is returned herewith and disapproved on the following grounds: DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant~icle III, Section 100-244, which states that such parcels require a minimum front yard setback ~t. The proposed addition is noted as being +/- 13 from the front yard. This notice of disapproval was amended on October 25, 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attac~e~J0~y.,a legal breezeway. "~thor~e? 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. SURVtE¥ Ot= LOT ~ q l HaP oF C, ED^I~ BEACH ~I~ ~. 20~ I~ ~ ~I~ 51~a~ BA~I~ TO~ ~T~ ~OLK ~~ CERTIFIE[D TO: ANTHON'f' CAGIOPPO [2ANIELLE CAC. IOPPO NOTES: · MONUMENT o PIPE ELEVATIONS REFERENOE US~S N~VI~ '2q IDATt)M AREA = 20,4qq S.F:. OR O.4q ACRES GRAPHIC SCALE I"= 90' moo JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERItEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~Ip server\dkPROS\01-146.pro PI~OPO$1ED F~ONT ELEVATION (GARAGE) DATE: Proper- T Permit Services P.O. Box6,7, CutchogueNY 11935 Phone: 631-734-5800 MEMORANDUM DATE: March 21, 2005 TO: Linda Kowalski - ZBA FROM: Jim Fitzgerald SUBJECT: Anthony Cacioppo, Appeal No. 5686; SCTM #1000-92-1-4 Fax: 631-734-7463 Here, finally, is the elevation drawing for this project! Mrs. Cacioppo is the designer, and they've been away until recently. Sorry for the delay. Enclosure: / Proposed Front Elevation (Garage), 3/17/05 (7 c~Je/s) FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2004 AMENDED: October 25, 2004 TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 9~2 Block~l Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which statesthat such parcels require a minimum front yard setback of 35 feet. The proposed addition is noted as being +/- 13 from the front yard. This notice of disapproval was amended on October 25, 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attached by~~. ---) Authorize~d,,~ ature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 DATE: October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 92 Blockl Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 100-230F, which states, "An accessory building may be otherwise located when attached by a breezeway, provided that it is used only for accessory storage or garage purposes and meets all setback provisions required for the main, principal building." Although the accessory building will be attached by a legal breezeway, it is noted as being +/- 13 from the front yard. Therefore, the proposed construction is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 35 feet. AXlXt~oriz~ 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. ~RVEY OF LOT # 1! i=t-) gL=C,. :20, Iq2.-t A~ PILE # qO ;,ITUATE, :,[,"~, OLK ~'T'Y N ERTIFIED TO, ,NTNON¥ C.,AG IOPPO 'ANIELLE C, AC, IOPPO )TE.'.~, · MONUMENT 0 PIPE AREA = 20,4ciq 5.F. OR. 0.4el ACRE5 ~.APHIC. 9C, ALE I"= E,O' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO~50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~Ip server~PROS\01-146.pro Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-58OO Febmary 22, 2005 Chairman Southold Town Board of Appeals Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Application for a Variance; Anthony Cacioppo, SCTM # 1000-92-1-4 Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of an extension to an existing single- family dwelling on the property of Anthony Cacioppo located at 1455 Inlet Way, in Southold. Proper-T Permit Services represents Mr. Cacioppo in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Yours tmly,/~'~F--/~ ~,p~es E. FitzgejfllJ, Jr. Enclosures: Application fee (check, $400) Application (7 copies) Project Description (7 copies) Letter of Amhorization (7 copies) Transactional Disclosure Form (7 copies) ZBA Questionnaire (7 copies) Notice of Disapproval (7 copies) Short EAF (7 copies Vicinity Map (7 copies) Tax Map (7 copies) Survey of Property (original plus 6 copies) Project Site Photos (7 copies) a subsidiary of THE PECONIC EASTERN CORPORATION APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ~K l:'or Ojyke Use 0% Fee: $ qg¥® File d B y .~C~O ~-,a k -T~ ~L~,~,~ Date Assigned/Assignment N o. ~"~ Office Notes: ParcelLocation: HouseNo. 1/~55 Street Inlet Way Hamlet Sou~;hold SCTM 1000 Section 92 Block 1 Lot(s) ~' Lot Size '49 aOZoqe District R-40 I (WE) APPEAL THE 'vVRITTEN DETERblINATION OF THE BUILDING INSPECTOR DATED: December 23, 2004 Applicant/Owner(s): Anthony Cacioppo and Danielle Cacioppo Mailing Address: 81 Hawthorne Place, Manhasset, NY 11030 Telephone: 51 6-365-851 6 Authorized Representative: James E. Fitzgerald, Jr. Address: P0 Box 617, Cutchogue, NY 11935 Telephone: 631-734-58.00 Please specify who you wish correspondence to be mailed to, from the above listed ~iam~s: [] Applicant/Owner(s) ~XAuthorized Representative [] Other: gVHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 10/14/04 FOR: gl Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction' Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100- 244 Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other .A prior ~ippeal [] has g has not been lnade with respect to this property tINDER Appeal No. Year Appeal Application, Continued Part A: AR/:71 1MR1ANCE REASONS (attach extra dteet as needed): See attached sheet. (I) An uudesirable change ~sill not be produced in the CIIAItACTEI~ of the ueigbborlmod or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicaut CANNOT be achieved by some method feasible for the applicaut to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or i.mpact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, is the construction existing, as built? ( ) Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area belo~v. Part B: REASONS FOR USE V/IRL4NCE (if requested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult yonr attorney be.fore completing): (7) The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does no(applY to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observed. The public safety and welfare will be secured and substantial j~ic~ do~l¢ Signatt~re of Appellant or A Sworn to before me this __ Y ........... ..~..., 200__~0 (Notary Public) (A~nt must submit Auth~ / ~orized ~{gent/ ~tion from Owner) ZBA App 08/02 Applicant: Anthony Cacioppo REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The proposed addition will be in the same style as the existing house and its location on the property and its configuration are such that the impression from neighboring proper- ties and to passersby will be in keeping with the existing character of the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The proposed garage and additional living space cannot be located elsewhere on the property without requiring a variance. 3. The amount of relief requested is not substantial BECAUSE: The footprint of the proposed garage is approprlate for a two-car garage and it has been located in such a way on this triangular-shape property with nearby wetlands as to mini- mize the intrusion into the required front yard setback while maintaining the integrity of the existing in-ground swimming pool 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The proposed structure does not add any "new" varieties of physical or environmental impacts; it continues the ordinary residential use of the property. It provides the desired garage, while at the same time providing needed additional living space in the same foot- prinL Has the alleged difficulty been self-created? ( ) Yes (x) No This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. STATE OF NEW YORK) COUNTY OF SUFFOLK) J~lhes E. Fitzgerald, J~. ~roper-T Permit Servi~ Sworn to before me this...~..~..~...~.....day of ..~..?¢.?...mx...~... ........ ,2005. Notary Public PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s):. Anthony & Danielle Cacioppo II. If building is existing and alterations/additions/renovations are proposed.' A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: Garage 24 x 24~ hallway 9 x 8 Square footage: 5 7 6 + 72 = 648 B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage: If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage.: Height:. III. Purpose and use of new constmction requested in this application: Garage, plus added living sPace IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): Steep slope on east side of property precludes building there. V. Please submit seven (7) photos/sets after staking comers 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 (7 65~1802) or Appeals Department (.765-1809) if you are not sure. Thank you. 81 Hawthorne Place Manhasset, New York 11030 Chairwoman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance for the construction of an addition to the existing house on my property located at 1455 Inlet Way, Southold, and designated by Suffolk County Tax Map No. 1000- 92-1-4, and to fumish, upon request, supplemental information in support of the application. ~ opp~o~ APPLICANT TRANSACTIONAL DISCLOSUP~ORM . The Town of Southold's Code of Ethics orohibits conflicts of' interest on the part of Town office., ~ and emnlovees. The numose of this form is to nrovide information, which can ~den the TQwn of laossible conflicts of interest and allow it to take whatever action is necessary to avoid same. -~OUR NAME: Cacioppo, Anthony (Last name, f~,'st name. middle initial unless you are appMng in the name of someone else or other entity, such'us a co~pany, if so, indicate the other p~rson or company name.) NATURE OF APPLICATION: (Check all that apply.) T~ Grievance Vsx/aace XX Caan~ of Zon~ Approval of P~t Exemption from Plat Other XX ~ Z "~r", ~c~W: We%lands permit Do Yl~U personally, (or through your company, spouse, sibling, parent, or child) have a r~lationship with any 'officer or employee of the Town of Southold? "RelaUoeship' includes by blood, marriage, ok' business interest. "Business in.rest" meaas a business, including a pam~rship, 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 YES , ,, NO XX' . · If you answered 'YES , complete the balanee of this form and daze and sign where indicated. Name of person employed by thc Town of Southold: Title or position of that p~rson: Describe that relationship bctw~n yourself (the applicant) and the' Town officer or employe~. Either check th~ appropriate line A through D (below) and/or describe the relationship m the space provided. The Town officer or employee or his or her spouse, sibliag, panmt, or child is (check all thnt apply): ' A) the owner of gr~t~r than 5% of th~ shares of the'corporate stock of th~ applicant (when tim applicant is a corporation); B) the l~al or b~ficial owner of any interest m a non-corporate entity. (whe~ tl~ applicant is not a corporation); C) aa officer, director, parmor, or employee ofthe~ applicant; or D) th~ maual applicant. DESCRIPTION OF RELATIONSHIP QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Anthony Caciop~o Co-owner Danielle Cacioppo Co-owner B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes { ~ } No. Jif Yes, ?]~- a~b c. ot~y of "condi~4nns" of sa_le.J C. Are there =ny picposals tu =hangez~r alter l~nU contours? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? ~ 2. Are the wetland area~ shown on the map submitted wiEh this application? ~ 3. Is the property bulkheaded ~e~ween the wetlands area and the upland building area? ~O 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which e~t a~.~ are not ~hu~n ~n the survey map that you submitting?~ If none exist, please state "none. G. Do you have any construction taking place at this time concerning your premises? ~0 If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you ~r any co-owner also own other land close to this parcel?~O If yes, please explain where or submit copies of deeds. I. Please list parcel proposed use ~/87, lO/901k oresent use or operations conducted at this ~rivate residence and ~rivate residence re and~at~ 1' FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of proPerty 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 92 Blockl Lot 4 Is retumed herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 35 feet. The proposed addition is noted as being +/- 13 from the front yard. This notice of disapproval was amended on October 25, 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attached by a~legal breezeway. Authorize~l/Si.gnature~ ..... 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. 14-164 (2J87)--Taxt 1:' Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--~ROJECT INFORMATION (To be completeJ by Applicant or Project sponsor) 1. APPUCANT/SPONSOR 2. PROJECT NAMe James E. Fitzgerald? Jr. Cacioppo house extension 3. PnOJECT LOCATION: $outhold . Count/ Suffolk SEQR 1455 InLet Way Southold NY 11971 See attached maps. 5. IS PROFOiE~ AG'T1ON: ~]New [-]Expenalon PROJECT DESCRIPTION: Construct 24' X 24' two-story extension to existing house, with garage on ground level and living space with bath above; with 9' X 8' fully enclosed and conditioned connecting hallway to existing house. 7. AMOUNT OF LAND Initially less than 0.~cras Ultimately N/A [ ,Ye. ~o itNo, d~ri~.efly Front yard setback is not sufficient. ~ ~id~tial ~ Jndu~tfl~ ~ ~mm~ial ~ Agriculture ~ P~Foml~p~ ~D~e ~ ~her ~c~be: ~e~ium-size private residences.' 10. DOES A~ON INVOLVE A PEnMIT APPROVA~ O. ~NDING, N~ On ULTIMATELY FROM ANY O~ER GOVERNMENTAL AGEN~ (FEDERA~ ~ATE OR LOCAl? ~ Yea ~ No If ye~ list agenc~s) aha Required: ~SDEC, Southold T~stees 1 I. ~ ANY A$PE~ OF THE A~ON HAVE A CURRE~y VAMD P~MIT OR APPROVAL? 12. A6 A RESULT OF PPO~SED A~ON WI~ ~;~ING P~M;TIAPP~V&~ REQUmE MODIF;CATION? I CE~ THAT THE INFORMA~ON P~VIDED A~VE IS ~UE TO THE B~T OF MY KN~GE J~es E. Jr. Date: Signature: If the, action is in the Coastal Area, and you are a state agency, complote the /' Coastal Assessment Form before proceeding with this assessment OVER 1 SOUTHOLD \ B A Y~.~ HOG BAY THE AREA OF THE PROPOSED LITTLE PROJECT IS CIRCLED NECK NASSAU POINT ./' / SESSU]: I~T~CK St VICINITY MAP Application regarding the property of Anthony Cacioppo, SCTM # 1000-92- 1-4 Represented by PROPER-T PERMIT SERVICES P.O. Box 617. Cutchogue. NY 11935 James E. Fitzgerald. Jr. 631-734-5800 December 20. 2004 THE SITE OF THE PROPOSED PROJECT IS SHADED NECK TAX MAP Application regarding the property of Anthony Cacioppo. SCTM # 1000-92-1-4 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 December 20, 2004 PHOTO A: Looking NE. The pink-flagged stakes mark the comers of the NW-facing side of the proposed addition. (2/20/05 at 1540 hfs) PHOTO B: Looking SSW at the same stakes. (2/20/05 at 1545 hfs) PROJECT SITE PHOTOS Application regarding the property of Anthony Cacioppo, SCTM # 1000-92- I-4 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Febmary 20, 2005 I!sURVE'r' OF= LOT # ql MAP Ot= C,I=OAP.. B=._.AC, H PAP, K. FI! i=D DI=C,' 20, 1~2-/A.S t=ILI= 51'T'UATE-. BAYVI~I TOINN-. 5OtJTHO_I ~ ..5t)i~OLK C.,OUN'T"K ,5~LIRVE"KEiD ~ UPDATE ~; PROPOSED ADDITION Oq-OI-O4 TOPO ADDED IO-O5-O4, O~-O~-05 LOT OOVE~A~ES O~-18-05 SUFFOLK OOUNTY TAX ~ I000 - q2 - I - 4 CERTIFIEE) TO, ANTHON'¢ CACIOPPO DANIELLE CACIOPPO xx ~ \ / LOT COVERA®E AREA OF PROPERTh% EXISTIN® STRUCTURE: HOUSE AN[2 PORCH POOL AND POF~E.,H EXISTIN® LOT COVERAGE 20,4qq S.F. 2,1-/O S.F. I,-/q~ S.F. PROPOSED: TI, NO-STORY' ADDITION 480 CONNECTING HALLldA¥ 72 S.F. TOTAL PROPOSED TOTAL COVERAGE 55;2 S.F. OR 4,515 S.F OR 22 96 NOTES, · MONUMENT 0 PIPE ELEVATIONS REFERENCE US(~S NGVD '2q DATUM AREA = 20,4qq S.F. OR o.4q ACRES GRAPHIC, SC,ALE I"= 30' O JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\LI-Ip server\d~PROS\01-146.pro SURVtE¥ OF LOT # q l HAP OF: C/~A~ B=~C/H PAF:~K FI! ~ pi=C,. 20, Iq2-1 A~, t=1! ~= # cio 51'I1)ATtE, t~A'r'VIEI~I TOI~IN.. 5OUTHO! D 5Ut=t=OLK C.,OUNT'r' SURV'E'CED: 0:~-2.~-01 UPDATE ,~ PROPOSED ADDITION Oq-OI-O4 N I I / ~, iO~ViI II I / I I I I CERTIFIEE) TO: ANTHONY' GAGIOPPO DANIEL/E CAGIOPPO LOT COVERA®E OF EXISTIN¢ AND PROPOSED = 4,~5~ S.F. OR 22.7 96 NOTES, · MONUMENT 0 PIPE ELEVATIONS REFERENCE U~S NCoVD '2q DATUM AREA = 20,4qq ~.F. OR O.4q AORE5 ®P-.APHIC SCALE I"= DO' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\htip server\dhoROS\01_146.pro T.OWN OF $OUTIiOLD , BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL:.(631) 765-1802 FAX: (631) 765-9502 www. northforkmet/Southold/ PERMIT NO. Examined ~, 20~ applicant agrees to comply with all applicable laws, ordlnanees, .building code, ho~nsing BUILD~RMIT APPLICATION CHECKLIST Board of H~lth ' ~ 3 s~ts o~B,ata~ag Pl~s Survey. Septic Form N.Y.S~).E.C. Trustees Contact: M~I~o:/DO NOT MAIL l~one: 734-5800 APPLICATION FOR BUILDING PERMIT ' I 2004 ' Date Oct 8, ~200/4, ,20 ~ INSTRUCTIONS ~--~.-~s appliCatio~r M~ 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 aeeordlng 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 eo~ed before isvmnec of Builellng Permit. d. Upon approval of this application, the Building Inspector ~ issue a Building Pgrmit to tlm ~pplie. atlt. Such a p~,,,;t shall be kept on the premises avail~ble for inspection throughout the work. e. No building shall be oc~upi~l or used in whole or in part for any purpose what so ever,mill the Building Inspector issues a Certificate of Occupancy. f. Every building permit ~hall expire if the work authorized has not eo-~me~eed within 12 montha afar th~ date of issuance or has not been completed wJthln 18 months from such date. If no zoning amandmeuts or other regulations affecting the properW have been enacted in the' interim, the Building Inspector may authorize, in writing, the extemsion of the p~mit for an addition:six months. Thereafter, a new permit ~h~l! be required. ~ . .: i . ... . kPPLICATION IS HE1? ~y MADE to the Bui~alng DepaFone~t for the assuanee o~ a Bffilmng Pemait pursua~ to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and othar applicabl~ Laws, G,~:~-~'~ or Regulations, for the construction ofbuil&in~; additions, or alterations or for removal or demolition as he,in dasc~ibed. The ~r ~i~, ifut oo~an) (M.,'li.~. ,.aam~ of ~plicmt) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, el~ricim~, plumbor or builder Agent Name of owner of premises Anthony Caciopno (As on the t~x roll or latest d~l) . 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 proposed work will be done: 1455 Inlet Way, $outhnld House Number Street County Tax Map No. 1000 Section Subdivision (Name) 92 Block i ,, Filed Map NO,: Lot 4 2. State existing use and occ~ pancy ofpr~. 'scs and intended~s.e and occupancy of proposed ~ Exisfinguseando¢~.~mcy Szngle-family !d~elling 5. It' dwellin.~ numvez of dw{ If garage, number of car b. Intended use and ooctmancy Single-family dwelling 3. Nature of work (check which applicable): New Building Addition XX Alteration Repair R~n ~o~al Demolition Other Work ~ (Description) 4. $1 )0, 000 F,~~ (To be paid on filing this apPlication) llinE units Numbeg of dwelling units on each floor 6. ffbusiness, co~mercial or 7. IAme~sious of existing sm Height Dimens OhS of same strt Depth 68' ~: Dimen.~ons of entire new Height 9. Size of lot: Front 10. Date of Purchase 162 11. Zone or use district in whi, 12. Does proposed coustmctio 13. Will lot be re-graded? Anthony Cacioppo 14. Names of Owner ofpremi., Name of Architect Name of Contractor 15 a. Is thl.q property within 10 * IF YES, SOUTHOLD TOY b. Is this property w/thin 30 * IF YES, D.E.C. PERMIrs i 16. Provide survey, to scale, mixed occupancy, specify natar~ and extent of each type of use. tm, if any: Front 44 * Rear 44 ' Number of Stories Two Depth 68 ' onstmction: Front Rear ~Number of Stories ~ Rear --- i Depth 241 ' Name of Former Ovmer premises are situated R~4 0 a v~olate any zoning law, ordinance or regulation? YES XX NO__ NO XX Will excess fill b4 removed from premises? YES__ NO__ 81 Hawthorne Place, ~Manhasset, N~ 11030 516-365-8516 es . AddressI Phone No. Address i Phone No Addressi. Phone No. ) feet of a tidal wetland or a fresJawater wetland7 *YES XX NO rN TRUSTEES & D.E.C. PERM1TS MAY BE REQUIRe. :) feet of a tidal wetlandg ~? Si XX NO vIAY BE REQU1RED~~, '~ ~ ~.~ . th accurate foundalion plan and ~listances to property lines. property is at 10 feet or below, must provide topographical data on survey. 17. If elevation at any point or STATE OF N~W YORK) SS: COUNTY OF Suffolk James E. Fitzgeral d, Jr. being duly S~om, deposes and says that (s)he is the applicant (Name of individual (S)He is the ag_e nt of said owner or owners, and is ~ that all statements contained iii t~ performed in the manner set fo~ conttitet) above nam~l, 2o~actor, Agent, Corporate Officlx, etc.) fly authorized to perform or have p~rformed the said work and to make and file this application; application are tree to the best ol his knowledge and beliei~ and that the work will be in the application filed therewith. Depth __4 langular ) Sworn m~_~efore me this ~fr'h dayof JO¥CE M. WILl(INS Notary ~ubllc, State of New York leant Y- ~ ictum with alterations or additions: Front 76 ' Rear 45' Height ' · ; Number of Stories Two OWNER TOWN-"OF, SOUTHOLD ~OPERTY '.REC°RD CARD SUB. VILLAGE W' DISTRICT ACREAG£ FAP-Jv~ DATE Est. Mkt. Value/ LAND IMP, VL TOTAL AGE NEW Form 2 Tillable 3 Woodland Sw<~mpland · ..~,' ~.= House Plot Total NOP,~AL A~re ~U~LD~NG CON~mON · BELOw ABOVE FRONTAGE ON ROAD BULKHEAD DOCK Extension Exter~ion Garage Foundation Basement Ext, Walls Fire Ptaca Porch parch nterior Finish Heat e ! / Roof Type RoomS 1st Floor Patio Rooms 2nd Floor Driveway Dormer 473889 92.-1-4 NUM~# DATE 8417 3/11/76 OWNER:' LEE, co ~ 19406 27623 4/11/01 PRE CO 10150 4/03/79 PERMIT 19132 6/14/90 PERMIT 19279 19527 9/11/90 PERMIT 19595 23231 20953 9/14/92 PERMIT 0/00/00 VIP~IA OLG~ USE/DESCRIPTiv · ~. N/D BP #8417-Z CO Z-19406 ISSU 0/00/00 0/00/00 0/00/00 DWELLING ACCESSORY ACCESSORY ADD DECK N/D BP #19527-Z DECK ADD & ALT BP #20953-Z issued t Fl=More F7=?ermit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit ELIZABETH A. NEVILLE TOWN CLERK REGISTP~AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville March 3, 2005 Zoning Appeal No. 5686 Transmitted herewith is Zoning Appeals No. 5686 - Anthony and Danielle Cacioppo - Zoning Board of Appeals application for variance. Also included is Application to the Zoning Board of Appeals; Area Variance reasons (two pages); Project description; letter authorizing James Fitzgerald to act on behalf of Anthony Cacioppo; Applicant transactional disclosure statement; Zoning Board of Appeals questionnaire; Notice of disapproval dated October 14, 2004, amended October 25, 2004, amended December 23, 2004; Short Environmental assessment form; Vicinity map; Tax map; two color photos and one copy of property survey. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/25/05 ZBA # NAME CHECK # AMOUNT 'rc"U'A'~I~'S'~'AMP Pec. i: '~ 5686 CACIOPPO, A. & D. by EasternCk $400 Proper-T Permit Services #1696 Sour ~zold Town Clerk 5687 PAPADOPOULES, J. by CDR Ck Chris Rivera #1057 $400 5688 SCANNEL, P. and M. 843 $250 TOTAL $'~ ,o5o By LK Thank you. Date: 02/28/05 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Receipt#: 1696 Transaction(s): 1 Application Fees Reference 5686 Subtotal $40O.00 Check#: 1696 Total Paid: $400.00 Name: Cacioppo, Anthony 81 Hawthorne Place Manhasset, NY 11030 Clerk ID: BONNIED Internal ID: 5686 OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 DATE: 7,~"/O ~" REPLY TO: ~,~ .~ ~ ~ Date of Building Inspector s Notice of DiSapproval: ~ (~ The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: & ~~L~ ~~~~ (~ Please furnish s~v~n (7) sets of th~ following (within about 7 days, if possibl~ in order that the application can b~ adv~is~d for th~ public h~aring calendar dat~ of: ,~ ~ ~d~ ). Th~ date. Y ...... , ...... ~ .nfo ........... ~ ..... t adve~i~ing deadline is 22 days before the meeting .............. ~ .... ' .......... ~ ~, ~:::'::'=-, ~ea~o~ th~F.~::', and z~ zzt~ by mail or by hand. ~ank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (~FMissinginformation- Z~.~a~¢/_~¢¢~ ,~rr~o(~Z~ ar~ OTHER/IN~R~'~D~ when possible (7 sets ~ t~h cover/tran~-srf~ittal sheet): ( ~ Filing fee $ ~D. ; Check amount was: $ ~ZcO.. Please contact our office (or send ~c~,~. checkJ. ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Jim Fitzgerald AdC Cacioppo PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 92 Blockl Lot _4 Is returned herewith and disapproved on the following grounds: DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 o?kt., . ' Il -b~.~ ~. ~II~ ' The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a maximum total lot coverage of 20 percent. The proposed addition is noted as being +/- 13 from the front yard and will result in a total lot coverage of 22.7 percent. This notice of disapproval was amended on October 25, 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling~ rather than an accessory building attached by a legal breezeway, on April 25, 2005 to correct an error, and on July 18~ 2005~ to reflect a new survey, by John Ehlers~ dated 7/11/2005, showing changes made at the request of the Southold Town Trustees and additional information requested by the Southold Town Zoning 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. OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. Kowalski~,Town.Southold.ny.us Jayne. Martin~,Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 TO: ¥~,~J /71~.~ ~,~, Fax~ ~.C-~ Date of Building Inspector N0tice~f DisapproVal: :~. ~ ~, ~0~ / - (~ The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: (~ Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be adve~ised for the public hearing calendar date of: ~_ ~ ). The adveAising deadline is 22 days before the meeting date. You may fo~d th~ information by fax at 765-90~, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. Missing information: OTHER/INFORMATION REQUESTED (7 sets with cover/transmittal sheet when submittin~l): ( ) Filing fee is $ ; Amount due at this time (please mail): (Amount paid was: ). (~,.. Available survey showing existing property/building details, with licensed surveyor information/~ ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ~ Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); (~) elevation from all sides; ( ) landscaping in area of construction. ( ) Letter confirming status and date of review by other involved agencies for presubmisslon comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, t957 (Zoning Section 100.23D-4), and copies of deeds dating back to creation of original lot lines for this property. / It · ' ~ /~ /I- - ' I : · ' · , L. /~ -J-- --. - --~-- ~..~ ~ ,/ ~c~ f . ,,_ j) .\ OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. KowalskiC, Town.Southold.n¥.us Jayne. MartinC, Town. Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 ~ J-'? //^~-'/,~, ,/u REPLY FORM DATE: TO: .~ ~.~? ?'~/::2,~,~ ZBA File ~- %¢ ~:¢' /~¢~ ¢ Date of Building Inspector ~otice o¢Disapprovah ~ The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: (~ Please furnish seven (7) sets of the following (within about~ays, if possible in order that the application can be adve~ised for the public hearing calendar date of: ~ ¢ ~ ~a o~ ). The adve~ising deadline is 22 days before the meeting date. You may fo~ard (he information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated . directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. Missing information: OTHEPJINFORMATION REQUESTED (7 sets with cover/transmittal sheet when submitting): ( ) Filing fee is $ ; Amount due at this time (please mail): (Amount paid was: ). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated beck to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Tha/nk ou ~~~ ~ ~ ~ ~' ~~Y~'~' Reminders for possible PHs: Cacioppo (Proper-T Services, Inc.) ZB #5686 - add'l variance for lot coverage t/b/filed by 8/8 for Sept 29 PH; incomplete submission as of 7/19, await fee and amended variance paperwork and surveyor calculations. FIpr 29 05 05: 14a 631 -?342264 pol Date: April 29, 2005 To: ZBA From: John and Susan Corblcy Re: May 4, 2005 hearing # pages (including this one): 631-765-9064 Due to a family medical emergency we will not I~ available for the next ZBA hearing. Please take us offyour May 4 hearing schedule and add us to the July 7 schedule. Thank you! ~YOWN ZO~G VUB~ ~A~S To~ of Southold. the follo~ng public M~n Road, ~O. Box 1179, Southold, ~R~ ~ ~: S~ial Exception~u~der Section t~s antenn~ ~,~-~ted wi~ the F~ Dep~t~ ~)~l~u~cations ~lenna and~~ ~d related ac msso~ ,~my~t~h~lter struc~e, Ma~ Road. Orient: ~ 18-5-13.8. HILL ~5823 Request for V~iances of Disapproval. am~ded November 29.2~5. con.ming proposed additions and alterations to the exis~ng dwelling and anew accessou garage.~e ~easons tot the disapproval are thai 1} the ad ditions and alterations will constitute romance ~ ~ aren't'ted less than s~gle side yard, and (2) ~e setback of · e new garage is required to be 35 fee~ of Property: 655 Lake Drive, Southold; 1:1~ RM. ROBERT and DONNA ~ASE ~5832. Requests for Vad- · e Building I~pecto~'s December 20, ~g a dwell~g proposed at less than 50 feet ~om the rear yard lot line and ~th tion of ~0% for all building area on this 21,112 square ~oot lot, at 1695 Green- way East, Orient;~M 15-1 11. ER g5819. Request for Vari~ces under on the Building ~spector's October 19. 2~5 Notice of Disapproval, amended ~ncern~g an application th demolish a 21~ Jackson S~eet and Fourth Street. New Suffolk: ~ 117 10 18.1. 1:20 EM. GEORGE and MARY SIORAS ~5838. Reques~ for a Vari ance under Section 1~-242A and 2~. based on ~e Building Inspector's Janua~ 3. 2~ Notice of Disapproval, less'than 35 feot ~om the ~ont yard tchogue: ~ 110-5-32. Request ~ a~ ~er un~?r S~fi0n 1~-26. b~sed o~ ~e BuJd~g tot's October 11.2~5 Notice of Dis- side of Sou~ Cr~s Road, to ~pa- rated ~om ~9 adja~nt land sh~ as 110-5~3 (23,~3~e feet), as 6~ West Road. Cutchogue. ~e en- tre merged area of land consists of ~.501+- square feet O'CO~ELL g5843 Request for a Variance under Section 1~-2~. based on the Building Inspector's November 30. 2~5 Not~ce of Disapproval. con ~mmg a proposed swimming pool ex- erage for all building area on this 10.875 square foot lot at 620 Marlene Lane. Mattithck: ~ 143-2-22.2 on the Bulldog Ins~ctor's November lng proposed additions~and alterations to an exist~g dwelling, increasing the degree of non~nfonnance when Io- cathd at less th~ 35 feet from the rear yard line, less than 35 feet from the front yard lot line, and less ~an 10 feet on a single side yard, at H~dge Street, F~he~ 2:05 EM: PAUL~LONG g5~l - Re- ques~ for Variances under Sections building Inspe~or's December 5, Notice of Disapproval, amended Janu- dwelling, a~er demolition of the exist~g dwelling. ~e reasons for disapproving the building pe~it application are that the new dwelling will be: (1) less than a total side yard (both sides) of 25 feet, (2) less tha~ 75 feet from the bulkhead, and (3) the lot coverage will exceed the ~de area ~ ~e e~ g~e. ~atoa of ~o~: 3~5 ~mp Min~la Ro~, Mattituck. CTM 123-5-30. 2:1£ EM. CAROL FESTA and THOMAS GEPPEL, IR. g5834 Re quest for a Variance under Section 100- 33. based on the Building Inspector's November 2. 2005 Notice of Disapprov al. concerning a proposed swimming pool in an area other than the code- required rear yard, at 450 Harbqrview Avenue. Matlituck: CTM 99-3-2L.3. 2:20 EM. JONATHAN ZANG #5827 . Requests for Variances under Sections 100-33. 100-239.4B. and 100-244, based on the Building Department's October 26. 2005 Notice of Disapproval, concern- lng demolition to the exmtmg dwelling and construction of a new dwelling ~ind detached, accessory garage. The reasons the building penmlt appgcation was dis- approved are: (1) that the new dwelting will be less than 75 feet from the bulk- head. 121 that the n~w accessory garage will be less than 35 feet from the front yard lot line and will be in a side yard rather than the required rear yard or re- quired front yard, Location of Property: ~70.Takaposha Road. Southold; CTM R7~6:7. 2:30 EM. SHINN VINEYARD, INC. and BARBARA SHINN g5836. Loca- tion of Property: 2000 Oregon Road, iMattituck, C'rM 1000 100 4-3.1 (and '3.2). Requests for: la) a Variance under Section 100-32, based on the Building Inspector's December 19, 2005 Notice of Disapproval concerning proposed addthons and alterations to the exist mg single famdy dwelling, at less than 60 feet from the front yard lot line, and fbi a Special Exception under Section 10{) 3lB to es:ablish an Bed and Break- lhst as an accessory use to the owner's residence. 2:35 EM. ANTHONY and SUSAN NAPOLITANO #5835. Request for a Variance under Section 100239.4B, based on thc Building Inspector's Oc- tober 19, 2005 Notice of Disapproval amended December 27, 2005 concern lng a proposed swimming pool at less than 75 feet from the bulkhead, at 200 Cleaves Point Road, East Marion; CTM 38-2-73. 2:45 EM. ANTHONY and 'DANI ELLE CACIOPPO $5686. Request for Variances under Section 100-244, based on the Building Department's October 14,2004 Notice of Disapproval, amended November 9, 2005, concerning proposed additions and alterations to the existing dwelling at less than 40 feet from the front yard line and exceeding the code lin~itation of 20% total lot cov- erage for all building area, at 1455 lnlet Way, Southold; CTM 92-1-4. 3:00 RM. TERRY McLAUGFILIN #5837. Request for a Variance under Section 100-33, based on the Building Inspector's October 24, 2005 Notice of Disapproval concerning a proposed swimming [mol in an area other than the requi~ed rear yard, at R~d, M~tta~ctl CaM ~: ~584~. Request for Section 1~-239.4A(1), b~;~: the , Building ~p~to~s :&nua~ 5; :Notice 0f Dhappr0vgl, mn~g a building' pe~it (~1581-Z) iss~ed error, for a location set back less t~ the code requked 1~ feet ~om the top of the ~ng Island Sound blu~ and (2) based on ~e Bufld~ghspector's J~u- a~ 13, 2~ Notice of Disapproval, cit- ~g Section 1~-2~, for a ~edu~d Ront y~d setback for ~five re~ the app~t's su~ested ne~ dwe~g s~e .and e bluff CTM 83~1-,12. lng to be review during regular busii~e~ houts. If ZONING BOARD OF .OsJaPEALS RUTH D. OLIVA; CHAIRWOMAN 7746-1T 2/16 , ,~¢ #7746 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Jean Bur.qon 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 I weeks, successively, commencing on the 16th day of February ,2006 Sworn to before me this 2006 U - - ' /.~rincipal Clerk /~) dayof ~ CHRISTINA VO[INSKI NOTARy PUBLIC-STATE OF NEW YORK NO. 01'V06105050 Qualified In Suffolk County Commission Expires February 28, 200£ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2006 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 2, 2006: 2:45 P.M. ANTHONY and DANIELLE CACIOPPO #5686. Request for Variances under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended November 9, 2005, concerning proposed additions and alterations to the existing dwelling at less than 40 feet from the front yard line and exceeding the code limitation of 20% total lot coverage for all building area, at 1455 Inlet Way, Southold; CTM 92-1-4. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: February 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 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 and Youngs Avenue, Southold website: http://southtown.northfork.net February 8, 2006 Re: Town Code Chapter 58 - Public Notices for Thursday, March 2, 2006 Hearings 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 February 18th: 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 alJ 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 owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or 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 not later than February 22"d: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office 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) Not Later Than February 22nd: 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 posted till the hearing is held. 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 deliver your Affidavit of Posting during the meeting, or mail it to us before the hearing date. 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 Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: CACIOPPO, A. & D. 5842 & 5686 MAP #: 92-1-4 APPEAL: Variances: Setbacks & Lot Covg. REQUEST: Additions/Alterations DATE: THURS., MAR. 2, 2:45 PM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Postage Certified Fee Return Receipt Fee (Endorsement Required) [~1 Restricted Delivery Fee [3- (Endorsement Required) 13'1 Total Postage & Fees ~ Sent To ~ [ Je ~nne Harmon ~' ~fr-~d~'~i~b~7 ...................................................................... or PO Box No. Postmark Here $ $ Joseph & 5iaureen Frazzitt~ Y~'j ....................................................................... cOI r--3 Postage --~' Cefiified Fee Return Receipt Fee (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) [~1 Total Postage & Fees ~ [ ....................................................................... [~aureen Sul±lvan $ Postmark Here $ Robert & ~atrlcla Alcus [ ~£~',~ -A~}: ~:7 ....................................................................... Post;~ge I--1 Certified Fee E~ Return Receipt Fee (Endorsement Required) ITt Postmark Here $ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Oeiivefy Is desired. · Print yopr name and address on the reverse so that we c~n tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if Ikoace permits. Robert & Patricia Alcus 1457 Cedar Point Drive E Zouthold NY 11971 D. Is "'--- ~" Iteml'~ r'l~es [] Registered [] Return Receipt for Mer~ [] Insured Mall r'l C.O.D. zAm~eNum~r 7005 0390 0004 11~6 017~ PS Form 3811, August 2001 Domestic Return Receipt · Complete items 1, 2, and 3. Nso complete item 4 if Restricted Delivery is desired. · Print yo~. r name and address on the reverse so that we clm return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ~i~eAddr~s~d to: Robert & Barbara Kap.Lan, Trustees 100 Harbor View Drive, Apt 33© Port W~shington, NY 11050 ~ Sen~ce Type ~Ce~fled Mall [] Express Mm3 [] Registered [] Return Receipt for MemhancllSe [] Insured Mall [] C.O.D. 4. ResUlcted ~ive*/? (F_x~ ~e) [] Yes (Transfer from service label) 7005 0390 0004 11~6 0150 Domes~c Return Receipt AC I PS Form 3811, August 2001 ~o~-z-o~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of ANTItONY CACIOPPO Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-92-1-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 18th day of February, 2006, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular fight-of-way of record, surrounding the applicant's property. Dated: March 2, 2006 ~,?~ Fitzgerald(. Sworn to before me this 2nd day of March, 2006 BONNIEJ. D0tt05111 Notary Public, State Of New York No. 01006095328, Suffolk Cot~ty Term Expires July 7, 20 ~ TO: Date.'~ebmary 17, 2006 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) ZONiNG BOARD OF APPEALS, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter off Anthony and Danielle Cacioppo, SCTM #1000-92-1-4 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application has been submitted to the Zoning Board of Appeals for a variance to allow: Additions and alterations to the existing dwelling at less than 40 feet from the front yard line and exceeding the code limitation of 20% total lot coverage for all building area. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 1455 Inlet way, Southold, NY 11971 A public heating will be held at Town Hall at or about 2:45 PM on Thursday, March 2, 2006, as specified in the attached legal notice. The contact person for this project is: James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 The project described above will be reviewed by the Zoning Board of Appeals of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONENO.: Anthony Cacioppo 81 Hawthorne Place Manhasset, NY 11030 516-365-8516 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. February 13, 2006 ANTHONY CACIOPPO: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-92-1-4 Anthony Cacioppo 81 Hawthorne Place Manhasset, NY 11030 NOTICE SENT 1000-92-1-3 Leo & Virginia Alessi PO Box 123 Southold, NY 11971 1000-92-1-6 Joseph & Maureen Frazzitta 279 Cherry Place East Meadow, NY 11554 1000-92-1-7 Robert & Barbara Kaplan, Trustees 100 Harbor View Drive, Apt 330 Port Washington, NY 11050 1000-92-1-9 Maureen Sullivan 870 Plandome Road Manhasset, NY 11030 1000-92-1-2.1 Robert & Patricia Alcus 1457 Cedar Point Drive E. Southold, NY 11971 1000-90-3-18.1 Jeanne Harmon 32 West 76th Street, 1st Floor New York, NY 10023 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2006 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 2, 2006: 2:45 P.M. ANTHONY and DANIELLE CACIOPPO #5686. Request for Variances under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended November 9, 2005, concerning proposed additions and alterations to the existing dwelling at less than 40 feet from the front yard line and exceeding the code limitation of 20% total lot coverage for all building area, at 1455 Inlet Way, Southold; CTM 92-1-4. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: February 7, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski SUt~.VE'f OF:~T # q i HAP OF C,E[~AI~I~,IEAC__.t-I PARK FILEP PEC,. 20, Iq2-'/ AS FILE # qo 51TUATE, BA'f%/IEIN ToINN: 50UTHOLD SUFFOLK C, OUNT'¢ ^.THO.~' C^C~OPPO 20 ~ N E JOHN C. EHLERS LAND SURVEYOR ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of ANTHONY CACIOPPO Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-92-1-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 22nd day of February, 2006, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject heating date, which hearing date was shown to be Thursday, March 2, 2006. Dated: March 2, 2006 /~mes E. Fitzgera)00/Jr. Sworn to before me this 2nd day of March, 2006. ~ ~ BOHNI£J. DORO$~ Hota~Public, Sta~OfNewYo~ No. O1DO6095328, Suffolk..C~/n~ Term ExpiresJulyT, 20 U I,, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN 0 F S OUTM 0 L D ZONING BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, New York May 4, 2005 9:30 a.m. Board Members Present : RUTH OLIVA, Chairwoman VINCENT ORLANDO, Vice Chairman GERARD P. GOEHRINGER, Board Member J/LMES DINIZIO, Board Member MICHAEL SIMON, Board Member LINDA KOWALSKI, Board Secretary KIERAN CORCORAN, Assisnan~ Town Attorney ORIGIN COURT REPORTING AND TRANSCRIPTION SERVICE ~631) 878-8047 1 2 3 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 CHAIRWOMAN 0LIVA: The width of your front MS. RIVERA: 100. CHAIRWOMAN OLIVA: 10O feet. BOARD MEMBER DINIZIO: You should look at that law, honestly, I think you would benefit from knowing exactly what's going to be up on the 10th. It's non just that. Ruth knows well. You guys did it, right. It's all coming before us. BOARD MEMBER ORLANDO: He's correct. BOARD MEMBER DINIZIO: It's going to render our decision useless. MS. RIVERA: Can you advise me what it is? BOARD MEMBER DINIZIO: You have to read the law. MS. RiVERA: Is it published anywhere yet? CHAIRWOMAN OLIVA: It should be in this week's paper. BOARD MEMBER ORLANDO: Based on the width of the property, it restricts how high you can build. BOARD MEMBER DINIZIO: For an example, you're 10 feet and you have 100 foot width lot, you can build that house 15 feet high. CHAIRWOMAN OLIVA: No. BOARD MEMBER SIMON: No. BOARD MEMBER DINIZIO: Yes. Read the law. It's probably posted right out there. BOARD MEMBER SIMON: And you can get a copy here. CHAIRWOMAiW OLIVA: I make a motion to close the hearing, reserve decision until later. /See minutes for resolution.) ~---, -~ ~~ CHAIRWOMJ~N OLIVA: Our next hearing is for ~,.~Cacioppo,_~)and I believe Mr. Fitzgerald is representing them on Inlet Way in Southold. MR. FITZGERALD: Good afternoon. CHAIRWOMAN OLiVA: Good afternoon, Jim. MR. FITZGERA,LD: Since we submitted this application, :he Trustees had it and :hey are displeased. CHAIRWOMAN OLIVA: Why? MR. FITZGERALD: With the court of the proposed addition being :oo close to the we:lands on the east side of the house. So Mrs. Cacioppo, who is a designer of buildings, drew a new, smaller, they wanted it eight feet further from 72 May 4, 2005 73 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 20 21 22 23 24 25 the wetlands, so this is eight feet further from the wetlands, essentially the same but it's set back further from the front property line so that now there's a - BOARD MEMBER DINIZIO: 20 foot front yard setback. CHAIRWOMAN OLIVA: Did you determine the lo5 coverage for us? MR. FITZGERALD: Yes. It's more than 20 percent. I'm embarrassed to say I can't tell you the exact number because I couldn't find my calculator. BOARD SECY. KOWALSKI: Did you say more than 20 percent? MR. FITZGERALD: More than 20 percent. How much more exactly I can't tell you, 20 percent. BOARD MEMBER ORLANDO: Big lot. C~IAIRWOMAN OLIVA: No, it's not. The building envelope is extremely small. It's down ~n Cedar Beach and it's all dredged canals. MR. FITZGERALD: 20 percent of the lot size would be 4,099 square feet. And this proposed addition, the one that I have just given you adds up to, with the existing structure, 4,345 square feet. And I don't know what the arithmetic means. BOARD SECY. KOWALSKI: You know what that means procedural, right? ~4R. FITZGERALD: I think what you're al%uding to is that the disapproval does not mention the coverage, so we'll have to get that straightened out. BOARD MEMBER SIMON: What are the numbers again, the square feet and the lot size? [~R. FITZGERALD: The lot size is 20,499, say 20,500. Twenty percent of that is say 4,100 and we have 4,345. CHAIRWOMAN OLIVA: You're going to have to have the notice of disapproval fixed. BOARD SECY. KOWALSKI: We have to readvertise it, you'll have to renotice it, and we'd have to adjourn it to another session after today's meeting. MR. FITZGERALD: Now I guess I can go home. BOARD MEMBER DINIZIO: Does this have wetlands on the property? May 4, 2005 74 2 3 5 7 11 13 15 21 ~5 MR. FITZGERALD: Yes. BOARD MEMBER DINIZI0: I wonder if you have to take that out of the calculation. MR. FITZGEP~ALD: It's no5 included in that. BOARD MEMBER DINIZIO: I thought you said 5he lot size was a certain -- MR. FITZGERALD: Yes. BOARD MEMBER DINIZI0: That includes -- MR. FITZGERALD: They're not wetlands in the sense that I think you mean. BOARD MEMBER DINIZIO: There's buildable land, then they take the yield of the land, they take out the wetlands. If tkere's anything that meets that criteria, you'll probably have to take that out also. BOARD SECY. KOWALSKI That's only for subdivisions. BOARD MEMBER DINIZIO Okay. I don't want you to have to come back agazn because of eel grass or something. CHAIRWOMAN 0LIVA: It's phragmiBes. I'd like to make a moBion to adjourn this 5o July 7th. BOARD MEMBER SIMON: 21.6 percent cove rage. {See minuses for resolution.) CHAIRWOMAN OLIVA: Jul], 7th at 1:40. CHAIRWOMAN OLIVA: Our next hearing is George Kofinas on East Road in Cutchogue. MS. MOORE: This is an existing house. Certainly from the si~e plan you see that most of this property is all waterfront property. So all the additions or at least the one that you're reviewing is on the landward side. The only portion of this whole addition that is not in conformity is 38 square feet that is the corner of the proposed addition. Obviously because the house is on an angle and we have straight lines, it just encroaches that amount. I have Craig Arm, who's the design professional on 5his, and if you have an~, questions, he's here as well, and I'll wait to answer any questions that you might have. CHAIRWOMAN OLIVA: Vincent? BO/LRD MEMBER ORLANDO: I went to vlsi5 this, it was enjoyable to come down someplace else where y~d're not allowed ~o go but you can i~~ you're Zoning Board. You cut a line through May 4, 2005 OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 DATE: TO: (631) 765-1809 fax (631) 765-9064 ZDB Ref# ~' :/?, ate of Building Inspect(~P~ Notice of D{'sa~pproval: ~,d~_~/~ //,,/~/O ('~-)' The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: 10 ( '~ Please furnish seven (7) sets of the following (within a.b~3at--7-days,~ in order that application can be advertised for the public hearing calendar date of: "~z~ ,,,3~ o[_Ob ~ .e~¥rt0-~;' advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (~_)_Missing information - OTHER/INFORMATION REQUESTED, when possible {7 sets with cover/transmittal sheet): ~0 (~) Filing fee $~({~) ; Check amount was: $ ~ . Please c_.c~'.~.:.'. .... ;'::..~ ~ sen~ ~ew check)~ ( ) Available su~ey showing existing properly/building details, with licensed su~eyor inf~r~atio~. ( ) Architectural map or updated su~ey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (~ of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D~), and copies of deeds dating back to creation of original lot lines for this properly. Thankyou. OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Maln Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 TO: Date of Building Inspector's Notice of Disapp~l: REPLY FORM ('~) The application is incomplete fax (631) 765-9064 for the reasons noted below. Pte,~s~ ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of: ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ("t~Missing information- C~ ,c~c ~ ,,._~ .~ c-z ~c j_c~'_-~ ~ OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): ('~)' Filing fee $~.~.~, ; Check amount was: $ ~ . Please contact our office (or send~.~c~k' ''~ ). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( ) Thank you. Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM TO: FROM: SUBJECT: DATE: 11/29/05 Linda - ZBA Jim Fitzgerald Anthony Cacioppo, SCTM #1000-92-1-4 Here are seven copies of the new and further amended disapproval from the Building Depart- ment. Proper- T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 11/7/05 TO: Damon - Building Department Lauren - Trustees Linda - ZBA FROM: Jim Fitzgerald SUBJECT: Anthony Cacioppo, SCTM #1000-92-1-4 Here are copies of the plan (Ehlers, last dated 11/7/05) which incorporates and accurately re- flects the changes required by and approved by the Trustees. Damon: If this requires a new disapproval, please issue one with a copy to the ZBA. Lauren: This is for your records. Linda: There are seven copies for you. Proper-T Permit Services P.O. Box 61Z Cutchogue NY 11935 Phone: 631-734-5800 MEMORANDUM Fax: 631-734-7463 DATE: 7/15/05 TO: Linda Kowalski - ZBA FROM: .Jim Fitzgerald SUBJECT: Anthony Cacioppo; SCTM #1000-92-1-4 1455 Inlet Way, Southold The project plan/survey has been revised (Ehlers, last dated 7/8/05) to include the lot coverage as requested by the Board at our last public hearing. An original and six copies of the revised plan are attached, and a new disapproval has been requested from the Building Department. Features required by the Trustees have also been added to the plan.. Proper-T Permit Services Phone: 631-734-5800 MEMORANDUM P DATE: TO: Linda - ZBA FROM: Jim Fitzgerald SUBJECT: Anthony Cacioppo, Appl. No. 5686; SCTM i Here are an original and six copies of a revised map (Ehlers, last dated 7/18/05) showing the breakdown of the lot coverage. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Jim Fitzgerald A/C Cacioppo PO Box 617 Cutchogue, NY 11935 DATE: October 14, 2004 AMENDED: October 25, 2004 RENEWED: December 23, 2004 AMENDED: April 25, 2005 AMENDED: July 18, 2005 ~ rtdd'~ I./c'~c'~ct Please take notice that your application dated October 14, 2004 For permit to make additions and alterations to an existing single family dwelling at Location of property 1455 Inlet Way, Southold, NY County Tax Map No. 1000 - Section 92 Blockl Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 20,499 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article III, Section 100-244, which states that such parcels require a minimum front yard setback of 40 feet and a maximum total lot coverage of 20 percent. The proposed addition is noted as being +/- 13 from the front yard and will result in a total lot coverage of 22.7 percent. This notice of disapproval was amended on October 25~ 2004, when the applicant noted that the notation on the submitted survey noting a proposed breezeway was inaccurate and that the nature of the construction was an addition to the dwelling, rather than an accessory building attached by a legal breezeway, on April 25~ 2005 to correct an error, and on July 18, 2005, to reflect a new survey, by John Ehlers, dated 7/11/2005~ showing changes made at the request of the Southold Town Trustees and additional information requested by the Southold Town Zoning Boar~, ~ Aut~oriz~,~g~ature~"'-~ ~_ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. OFPICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-t809 fax (631) 765-9064 TO: DateofBuildinglnspector'sNoticeofDi~a~provah ~ ~ d 7 /d ~,/ ~ ~- (~ The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the o,ow,n.: (~ Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be adve~ised for the public hearing calendar date of: ~. The adve~ising deadline is 22 days before the meeting date. Y~J ..~:;' f- -- ......... , ,, .-..-.,,,..,~,, ....... .- ' ~ ;~ .t 7C~ ~ ~::"cv::, ;~==~ ~ th~:~=.~:'. =~ c[;: c:~ by mail or by hand. Thank you, ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Depa~ment for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (~is~ing information- ~~~ ~~~ ~~ OTHfi~I~FOR~TIO~ REO~fiSTfiD, when possiblo {7 set~ ~th cover/trans~ittal shoet}: { ~ Filin~ foo $~. ' Check amount was: $ ~ . . Please contact our offico {or send n~ } ~vailable ~u~oy showin~ oxisfin~ propo~y/buildino dotai~, with licensod ~u~eyor information. ) ~rchitoctural map or updatod su~e~ showino dimensions of oxi~tin~ and proposod new construction areas, setbacks to propo~y Ilnes, and buildin~ lot eovora~e calculations. { } Rough diagram or ~ketch with buildin~ hoi~ht {~ of ~torio~ and distance from ~round to top/rid~o detail {and mean hoi~ht, if known); al~o land~capln~ proposod in tho aroa of tho con*trucfion. { ) letter confirmin~ ~tatus and dato of review by othor involvod a~encio~ for pre~ubml~ion comm~nt~, or eop~ of up-to-dato a~oncy action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you. ~ Apl), Name © Tax Ma © File No. Search: I [] II SEQRA [] Unliste [] Other File Number:IS686 Tax Mamlg2 Appi Name: ICacioppo, Anthony and Danielle Hamlet JSouthold Type JResidential Zone JR-q0 Status JPending Applicant Action J Location 11455 Inlet Way Short lAddn/alt to existing single famiy dwelling showing Desc. Ifront yard setback of 13 ft; Sec. 100-244 requires co. ~al Imin 40 ft front setback. AWA~I- AmND after ~ 111/1/05 survev: $200.fee for am't. etc. 13/22/5 subm. elev. and related; ND amended Notes Icf~r. Notcomplete for PH as of 11/29/5, await $200 I Town of SOuthold ZBA Board Member IMichael Simon He~rng~lime: .~(~:)0 ~ Received Date ~ Tot. FeesI $ oo.oo Date forwarded to Town Clefk 12/25/2005 M~ting Dat~ Building E~pt. Meeting Rte Hearing Date Hearing Date Hearing Date Hearing Date Hearing Date Action Date: ND Date ~/14/2004 ~ ND Date 1/25/2oo4 ND Date ~/23/2004 ND Date 1/25/2005 ND Date 1/18/2005 ND Date 11/9/20o5 ND Date i De/doped bY the SoUthold Town Data Processing Department Reminders for possible PHs: Cacioppo (Proper-T Services, Inc.) ZB #5686 - add'l variance for lot coverage t/b/filed by 8/8 for Sept 29 PH; incomplete submission as of 7/19, await fee and amended variance paperwork and surveyor calculations. OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. Kowalski~,Town.Southold.ny.us Jayne. Martin~Town.Southold.n¥.us http://southoldtown.northfork.net (631) 765-1809 ~l~t! fax (631) 765-9064 REPLY FORM DATE: ~2 TO: /') + ~ /',~,~& Fax# '~--~ Date of Buildino Inspector H~tice of O~approval: ~A ~ ,~ ~ 0 ,~ ~: The ( application is incomplete for the reasons noted below. Please furnish seven (7) sets of the f~llowing: ~ Please furnish seven (7) sets of the following (within ' ' in order that the application can be adve~ised for the public hearing calendar date of: ~ ?~ ~ ~ /~ ). The advedising deadline is 22 days before the meeting date. You may fo~ar~t~e informa~on by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. (~) ,,~ ,3~ =ubm;[[=~ ~ ,~t ~a~ch ~he in~rm=[;u, u,, ~,~ ~?,~=,,~g ~ Please submit the amendments~ ~ ~ directly to the Building Depa~ment for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ) Missing information: OTHER/INFORMATION REQUESTED (7 sets with cove~r/transmittal sheet when submittinfl): (~' I Filing fee is $ ~0 ; Amount due at this time (please mail): o~b/~,--(Amount paid was: ~. ).'~ ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. ~/-~Eetter confirming status and date of review by other involved agencies for ' presubmission comments, or copy"~'~'~' of up-to-date agency action) ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section I00-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you. ~ Mason Dri~g. CutchomJe- CTM 104-7-3. ~[ °- ' of the Town Law and Chapter 9:55 AI'~I~DON TISON and 100 (Zoning), Code of the Town DIANE G1ARDI '~5695% of South01d, the following pub- Request for Revers, al of the lic hearings will be held by the Building Department s February SOUTHOLD TOWN BOARD 28, 2005 Notice of Disapproval, OF APPEALS at the Town Hall, _ concerning a new second-story 53095 Main Road, P.O. Box addition which the Building -~1179, Southold, New Y°rk4 Inspector states will constitute 11971-0959, on Wednesday, an Increase in the degree of non- May 4, 2005, at the tithes noted conformance at less than 35 feet below (or as soon thereafter as fi.om front lot line, or alterna- possible): tively a Variance under Sections 9:35 AM CLIFFORD 100-242A and 100-244B, at 170 SCHRIEFER, JR. /35689. Laurel Avenue, Southold; CTM Request under Section 100-26 56-3-4. for a Waiver to unmerge CTMi 10:00 A.M. DONALD and 1000-70-8-8 (vacant land) from SANDRA ANN1NO #5663. CTM 70-8-9 (improved). Based Request for a Variance under on the Building Inspector's Section 100-244, based on the November 24, 2004 Notice of Building Department's Disapproval, the properties have December 1, 2004 Notice of been merged under Section 100- Disapproval concerning a pro- 25. Location of Prop, erty: 700 posed addition with alteranons ' and 800 Gardiner s Lane, at less than 50 feet fi.om the rear Southold. lot line, at 1400 Hiawathas Path, 9:40 AM REED AND JANE Southold; CTM 78-3-48. RUBIN #5697. Request a 10:10 Algl EUGENE AND Variance under Section 100-32, GEORGENE BOZZO #5668. based o~ the Building Request for a Variance under Departments March 21, 2005 Sections 100-242A and 100- Notice ofDisapprova, concern- 244B, based on the Building lng partial reconstruction of the DDfpartment,s Notice of existing upper level (proposed ~sapproval amended August 2, addition/alterations) for the rea- 2004, for relief from Condition son that the he ght will be No. 2 under ZB Decision 5567 increased from 2.5 stories to rendered October 7, 2004, for an three stories. Location of elevated lower deck, at 4135 Property: 530 Private Road #8 Camp Mineola Road, Matfituck; extending off the north side of CTM 123-5-27. S.R. 25, East Marion; CTM 23- 10:30 AM KRAUSE FAMILY I-1. TRUST #5700. Requests for (a) 9:45 AM DECLAN Reversal of Building MEAGHER #5698. Request for a Variance under Section 100- Dep. artment's November 8, 2004 Notme of Disapprova concem- 239.4B, based on the Building lng its determination that the Department's March 7, 2005 bmldingis designed for a second Notice of Disapproval concern- dwelling use, and (b) Variance lng a proposea swimming pool under Sections 100-242A, 100- at less than 75 feet from bulk- 33C, 100-3 IA, for additions and head, at 750 Blue Marlin Drive, structural alterations to existing Southold; CTM 57-1-29. accessory barn which will 9:50 AM JOHN and SUSAN increase twhi~hdegree of noncon- CORBLEY #5675. Request for fortuity setbacks at less a Special Exception to authorize than 50 feet from the front lot an Accessory Bed and Breakfast line, at 1212 New Suffolk ~s provided under Art cle II1 Avenue, Cutchogue; CTM 116- secton 100-31B-14 of the 6-10.2. goning Code, for the renting of 10:50 AM DONNA COOK lp t,o two rooms in the appli- #5638. Location of Property: 25 :ant s owner-occupied dwelling and 425 Private Road #12 (also 'or lodging and serving of known as Windy Point Lane), )reakfast to not more than six Southold. Based on the Building ~aepa~6nts Xugust 27, 2004 Zone: Limited Business. Notice of DisapProval, fllll~led 1:20 PM PANAGtOTIS November 10, 2004, tl~pli- KANARAS #5690. Request for cant requests: ,~r a Lot Waiver under Section 100- a Waiver under Section 100-26 26 to unmerge properties to unmerge properties referred referred to as CTM 1000-106-5- to as CTM 1000-78-6-9.2 and 32 and 1000-10'6-5-33. The 9.3; properties have been held in Variances under Section 100- common ownershi~ as noted !n 32 forareductionofCTM 1000- the Building Department s 78-6-9.3 fi.om 14,984+- sq. fi. to January 28, 2005 Notice of 13,500+- so. fl and increase of Disapproval and Section 100- CTM 100~)-'78-g-9.2 fi.om 6,098 25. Location of Property: 480 Ruth Road, Mattituck. sq. ft. to 7,500+- sq. ft., resulting fi.om a proposed lot ine change n this R-4OZone District (in the event the Waiver to unmerge is granted). 11:05 AM JOANN WALKER #5623. This is a request for Variances under Section 100- 239.4b, based on the Buildine Department's May 7, 2002[ Notice of Disapproval, amended May 20, 2004, September 17, 2004, October 1, 2004, and February 7, 2005, for proposed additions (second-story addi- tion, swimming pool, and other construction) at less than 75 feet fi.om the bulkhead, at 290 Town Harbor Terrace, Southold; CTM 66-1-33. l:00 PM W. BRUCE and MARY ANN BOLLMAN #5680. Request for Variances under Section 100-244, based on the Building Department's February 3, 2005 Notice of Dis.approval concem ng an apphcation for a building permit to substantially remove or demolish existing dwelling, and to construct a new single-family dwelling: (l) at less than 10 feet on a single side, (2) at less than 25 feet combined side yards, (3) with lot coverage exceeding the code limitation of 20 percent, and (4) at less than 75 feet fi.om the bulkhead. Location of Property: 1755 Trumans Path, East Marion; CTM 31-13-4. 1:10 PM JOHN and GEORGE GIANNARIS #5699. Request for a Variance under Section 100-82, based on the Building Dep. artment'5 February 24, 2005 ~qOtlce of Disapproval concern- lng proposed additions and alter- at~ons to existing restaurant within 100 feet of the front lot line along NYS Route 25. Location of Property: Hellenic Restaurant, 5145 Main Road, East Marion; CTM 35-2-14. 1:30 PM JANET LARSEN and CAROL WITSCHIEBEIN #5701. Re~luest for Variances under Secnons I00-242A and 100-244, based on the Buildine Del~artment's March 18, 2003 Notice of Disapproval, for the reason that the proposed addi- tions will constitute an increase in the degree of nonconfor- m.ar~ce with less than 15 feet mlmmum on a single side yard, at 1000 Sound Beach Drive, Mattituck; CTM 99-1-5. 1:40 PM ANTHONY and DANIELLE CACIOPPO #5686. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended December 23, 2004, concerning prpposed additions with alter- ~tions to the existing single-fam- ily dwelling at less than 40 feet fi.om the front property line, at 1455 Inlet Way, Southold; CTM 92-1-4. 1:50 GEORGE D, KOF1NAS #5693. Request for a Variance under Section I00-30A.3, based on the Building Department's February 16, 2005 Notice of Disapproval, concerning pro- posed additions with alterations at less than 15 feet for a mini- mum side yard, at 552 East Road, Cutchogue; CTM 110-7- 18.2. The Board of Appeals will hear all persons, or their repre- sentatives, 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 ava lable for review during regular business hours. If you have questions, please do not hesitate to call (631 ) 765-1809. LEGAL NOTICE . SOUTHOLD ToWN BOARD OF APPEALS WEDNESDAY, MAY 4, 2005 ~NOTICE JS HEREBY GIVEN, pursuant to Section 267 / COUNTY ~~ Jacqucline M. DubS, 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 which the annexed is a printed copy, has been published in said Traveler Watct~man once each week for...[ ........ week(s) 7i successively, cq~enc~ng on the...*~.. ............ day of ..Ik dJt {,,_[. (.~ ................... ,2005. ..... ................ .~m~,to before me thi~.....day of '~.~..~. ......... ,2005. Notary Public Emily Hamill NOTARY PUBLIC, State of New York No. 01 HA5059984 Qualified in Suffolk County Commission expires May 06, 2006 nj Total Postage & Fees $ 4.42 04/19/05 UNIT !g: 0935 C_ed~: KVG)YO $ 4.42 04/1W05 ~ /s"'n"° ~aureen Sullivan P- Z~r~t] -,~t: ................... ~ ......................................................... [o,~oao,~°'~O ~landome Rd (Endorsement Required) (Endorsement Requlrsd) O.J7 UNIT !D: 09J5 2.YJ Postmark 1.75 Hem Clerk: KVGJYO Total Poetage a Fmcs $ 4.42 04/!9/05 [~.~ro J & ~1 Frazzitta /~m'~9~-~' '"~'~'~rry Place $ 0.J7 UNIT I[r 0955 2,30 ;lerk: KVGJYO $ 4.42 04/19/05 & Altus ~'~:~d:-'-[-~? Cedar ~olnt'--' ............... Dr~;-~'e ....... E ~" $ Total Postage & Fees $ ~,~2 0~57 U~4IT ID: 0935 Clerk: KVGJYO 04/19/05 [~., to Jeanne Harmon J ~£ -A~-t: ~9~]t ............................... % ....................................... Jo, PO'~.'~' 32 W ?6th S1;reel~, lsl; FloJ[ ,---1 Post~ge 0.3? UNIT l[I: 0935 ~ ~em~cm~Dellve~F~ Clerk: KVG.IY0 ILl Total Postage & Fe~s $ 4.42 04/19/05 TO: Date: April 19, 2005 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Anthony & Danielle Cacioppo, SCTM #1000-92-14 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application has been submitted to the Zoning Board of Appeals for a variance to allow: Construct 24' X 24' two-story extension to existing house, with garage on ground level and living space with bath above; with 9' X 8' fully enclosed and conditioned connecting hallway to existing house. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: I 1455 Inlet Way, Southold, NY 11971 A public hearing will be held at Town Hall at or about 1:40PM on Wednesday, May 4, 2005, as specified in the attached legal notice. The contact person for this project is: James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 The project described above will be reviewed by the Zoning Board of Appeals of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONENO.: Anthony Cacioppo 81 Hawthorne Place Manhasset. NY 11030 516-365-8516 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. April 19, 2005 ANTItONY CACIOPPO: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-92-1-4 Anthony Cacioppo 81 Hawthorne Place Manhasset, NY 11030 NOTICE SENT 1000-92-1-3 Leo & Virginia Alessi PO Box 123 Southold, NY 11971 I000-92-1-6 Joseph & Maureen Frazzitta 279 Cherry Place East Meadow, NY 11554 1000-92-1-7 Robert & Barbara Kaplan, Trustees 100 Harbor View Drive Port Washington, NY 11050 1000-92-1-9 Maureen Sullivan 870 Plandome Road Manhasset, NY 11030 1000-92-1-2.1 Robert & Patricia Alcus I457 Cedar Point Drive E. Southold, NY 11971 1000-90-3-18.1 Jeanne Harmon 32 West 76th Street. I~t Floor New York, NY 10023 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 the time noted below (or as soon thereafter as possible): 1:40 PM ANTHONY AND DANIELLE CACIOPPO #5686. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended December 23, 2004, concerning proposed additions with alterations to the existing single-family dwelling at less than 40 feet from the front property line, at 1455 Inlet Way, Southold; CTM 92-1-4. 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: April 11,2005. Ruth D. Oliva, Chairwoman Board of Appeals SURVi:"rlED, UPDATE ~f PROPOSED ADDITION Oq-OI-O4 -- TO~O A~DE~ IO-O5-O4 ~FFOLK GOUNT~ TAX" I I ~ I I I I I I I t ~ Il, · Complete items 1,.2, and 3. Also complete A. Signetum item 4 if Re.~t. dcted Delivery is ~esired. X [] A · Pdnt your n&,~e and address on the reveme so that we ban tatum the card to you. this card to the back of the mailpiece, · bara Kaplan, Trustees View Drive shington NY 11050 2. A,ffieie Number (T~sfer from service label) B. Received I D. Is deiive~y address different from Item 1 ? [] ¥ If YES, enter delive~J address below: [] No 3. Service Type ~r. certh~ed Mail [] Express Mall [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7004 2510 0005 1704 2747 ~, PS Form 3811, February 2004 Domestic Return Receipt C AC ~' 0P ~' 0 102595-02.k~154o i · Sender: P ease p name, address~'~'~l~-4 in~thff~ 158~ [ .... · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is Uesimd. · Print your name and address on the reverse so that we can retum the card to you. · Attach this ~o the back of the mailpiece, or on the fr~ space permits. 1. ArticleAddressedto; Maureen Sullivan 870 Plandome Rd Manhasset NY 11030 2. Article Number (Transfer from service label) 7004 2 [] Agem B. ReceJv~l by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 0005 17o4 2754 PS Form 381 1, February 2004 Domestic RehJrn Receipt C AC I 0 P~- 0 102595-02-M-154O i~1 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS I Permit N~, G-lO · Sender: Please print your name, address, and ZIP+4 in this box ° · Complete items 1,.2, and 3. Also complete item 4 if Restricted Delivery is'desired. · Pdnt your name and address on the reverse so that we'can return the card to you. · A'~ach this card to the back of the mailpiece, or on the front if space permits. 1. ~Jcle Addressed to: Robert & Patricia Alcus 1457 Cedar Point Drive E Southold NY 11971 7004 2510 ] by (Pdnted Name) If YES, enter deJivery address beloved. [] No; 3. Service Type '~CR~rtified Mail [~3 Express Mail egistered [] Return Receipt for Merchandise [] Insured Mail [] C,O.D. 4. Restricted Delivery? (E~ra Fee) [] Yes 0005 1704 2761 PS Form 381 1, February 2004 Domestic Return Receipt C AC I 0~P 0 l°2595~J2-M-154( UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Pal, U~PS PermitNo. G-lO · Sender: Please print your name, address, and ZIP+4 in this box ° · Complete items 1, 2, and 3. Also complete item 4 if Restricte~l 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: Joseph~amd ~aureen Frazzitta 279 Cherry Place East Meadow NY 11554 [] Addressee . addr~s different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type $~ Certified Mail [] Express Marl [] Registered [] Return Receipt for Memhandise [] Insured Mail [] 4. Restricted Delivery? (E~ba Fee) [] Yes !. ~cfeNumb~ 7004 2510 0005 1704 2730 ~-~-~' ,~-.~- _ I,~lJ.~ ....... ~,,I,,~ ............... ~- ~ rO~ OO~], ~eom~ zuu4 ~mestic R~um H~e~pt CAC I 0~ 0 First-Class Mail Postage & Fees Paid USPS Permit No~ G-10 · Sender: Please print your name, address, and ZIP+4 in this box ° PROPER-T P[~.At~IT Post Office Box 6'17 Cutch~e, ~ 111935-0617 · Complete items 1, 2, and 3. Also complete item 4 if Restricte~ Delivery is desired. · Print your name and address on the reverse so that ws, 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: Jeanne Harmon 32 W 76th Street, 1st Floor New York N& 10023 [ PS Fc A.~re B. Received by ( Printed Name) ~ A~ddrest D. Is delivery address different from item 1 If YES, enter delivery address below: 3. Service Type ~.Certified Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (E~tra Fee) [] Yes an~ Z~+4 in~drl~t:~xr~-'" ~ I.,~lt,!llhh,,,Ih,hh., I I.ll,~l,hlh.,Ih,.,lll.,h,,ltl.,lll.,I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of ANTHONY CACIOPPO Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-92-1-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 22n~ day of April, 2005, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Wednesday, May 4, 2005. Dated: May 4, 2005 Sworn to before me this 4th day of May, 2005. Notary Public //,[6mes E. Fitzgeral, qlJr. BOI~NIEJ. DOROSKI Notary Public, State Of New Yodl No. 0!D06095328, Suffolk County Term Expires July 7, 20 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 the time noted below (or as soon thereafter as possible): 1:40 PM ANTHONY AND DANIELLE CACIOPPO #5686. Request for a Variance under Section 100-244, based on the Building Department's October 14, 2004 Notice of Disapproval, amended December 23, 2004, concerning proposed additions with alterations to the existing single-family dwelling at less than 40 feet from the front property line, at 1455 Inlet Way, Southold; CTM 92-1-4. 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: April 11, 2005. Ruth D. Oliva, Chairwoman Board of Appeals OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. Kowalski~,Town.Southold.n¥.u s J ayne. Martin~,,Town.Sout hold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 REPLY FORM DATE: ~/ //~/~ ~- TO: (.~L,_-sL],r / <~-~L,,,~'._ x;/A ~Xz/.~ Fax ~ ZBAFile~ .~- ~. ~ h, /~ { ) The application i~ in~ompleto for th~ roa,on~ noted b~low. ~lea~e furnish ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of: ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ~ Missing information: ~,~..~_~j..~ OTHER/INFORMATION REQUESTED (7 sets with cover/transmittal sheet when submittin.q): ( ) Filing fee is $ ; Amount due at this time (please mail): (Amount paid was: ). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. ~ ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you. OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building at Youngs & Main Road Southold, NY 1197-0959 Email: Linda. Kowalski~,Town.Southold.ny.us (631) 765-1809 (ext. 5011 at start of recording) REPLY FORM DATE: . http://southoldtown.northfork.net fax (631) 765-9064 ZB Ref~ .~=?~__~_~__. ~ ~/~,~.~?? ~/~,,~.~c~ ~/~ Date of Building Inspector's Notice of~i~approval: ,'~z~.~'~.~J ~.~,c~u.~<~.~ /~/..z3?~J ? _~The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: (~/) Please furnish seven (7) sets of the following (within about.~days, if possibLe,i~ order that the application can be advertised for the public hearing calendar date of: ~ ~_~ c~- ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ) Missing information- OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): ( ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. (~. Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( ) Thank you. OFFICE OF ZONING BOARD OF APPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs ~4venue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net Emaii: Linda. Kowalski~Town. Southold.ny.us (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET DATE: '-/ / /3 /2005 RE: ~- / V' /05 Agenda Item (or ~ ~L<L~_~--~Q..~ :~- ~.~-~ 86 (/ g MESSAGE: ~ ) Correspondence or related attached regarding the above for your information, Thank you. Pages a~ache~ __ APPEALS BOARD MEMBERS Gerard P, Goehringer, Chairman Charles Gngonis, .Ir. Serg~ Doyen, .h-, Joseph H, Sawicki lames DLnizio, Ir. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOIYI'HOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appeal No. 3980: Application for VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article ~IV, Section 100-244B for approval of deck (with roof) attached to dwelling with a reduced front yard setback and insufficient sideyard setback. Lot area is nonoonforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map District 1000, Section 92, Block 1, Lot 4. WHEREAS, a public hearing was held on November 1, 1990 in the Matter of the Application of VIRGINIA OLGA LEE under Appeal No. 3980; and WHEREAS, at Said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimoRy and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in q~estion, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: Southold Town Board of Appeals -8- November 15, 1990 Special Meeting (Appl. No. 3980 - LEE decision, continued:) 1. The premises in question is a triangular-shaped parcel situated along twoprivate roads referred~to as Inley Way and Cedar Point Drive East, Town of Southold. The'subject parcel has been and is referred to as Lot 91 on the "Map of Cedar Beach Park" filed in the Suffolk County Clerk's Office as Map No. 90. 2. The subject premises ls nonconforming as to lot area in this R-40 Zone District containing a total lot area of approximately 19,995 square feet (as show~ on the assessment records for .459 acre). The distance of frontage along Inlet Way is shown on the October 15, 1975 survey prepared by Roderick VanTuyl, P.C. as 241.60 feet and along Cedar Point Drive East 144.12 feet. 3. The subject premises: (a) is improved with a dwelling which has a preexisting, nonconforming front yard setback at approximately seven feet (at its closes= point to the westerly property line along Inley Way); (b) is also improved with a swimmingpOol which is situated to the east of the existing dwelling. 4. By this application, appellant requests a variance for a 7'2" deck ex=ension into the northerly front yard area which reduces the westerly front yard setback =o approximately five feet (and in no even= less than four and.one-half (4-1/2') feet_. 5. Article XXIV, Section 100-244B provides relief to nonconforl~ing lots having a lot area of less than 20,000 square feet in the front yard at 35 feet. Although the relief requested in relation to the usual minimum requirement at 35 feet for new dwellings is substantial, the relief requested in relation to the established nonconforming setback is not substantial at approximately two feet. (No other variances have been found of record for this parcel.) 6. In considering this application, the Board also finds that the relief requested: (a) will not be adverse uo the essential character of the neighborhood; (b) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) will not increase dwelling unit density or cause a substantial effect on'available governmental facilities;' Southold Town Board of Appeals -9- November 15, 1990 Special Meeting (Appl. No. 3980 - LEE decision, continued:) (d) is the minimum necessary to afford relief; (e) cannot be obviated economically by some method feasible to appellant to pursue, other than a variance; (f) in considering all of the above factors, the interests of justice will be served by granting the variance, as conditionally noted'below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED,' to GRANT a variance for the 26 ft. by 7-1/2 ~t. (maximum) deck addition with roof in the front yard area as shown on the sketch of a survey filed hereunder, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the sides not be enclosed at any time; 2. That the front yard setbacks no= be further reduced. Vote of the Board: Ayes: Messrs. Goehringer, Doyen and Dinizio. (Members Sawicki and Grigonis were absent.) This resolution was duly adopted. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: CACIOPPO, ANTHONY MAP #: 92-1-4 REQUEST: ADDITION/ALTERATION APPEAL: VARIANCE-SETBACK DATE: WEDNESDAY, MAY 4th, 1:40 PM 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 SOUTHOLD 765-1809