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Home My WebLink About4225APPEALS BOARD MEMBERS James Dinizio, Jr. Robert A. V'flla P, ioh-~d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION Of THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4225: Application of RICHARD AND DOLORES PRINCIPI. This is a request for a variance based upon the Building Inspector's March 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within 100 feet of the L.I. Sound bluff; ref. Article XXlII, Section 1OO-239.4A-1 of the Zoning Code. Location of Property: Lot #2 shown on the 1985 Map of Blue Horizons; also known~as 4660 Blue Horizon Bluffs Road, Peconic, NY; County Parcel ID 1000-7~-1-35.52. WHEREAS, after due notice, a public hearing was held on April 6, 1994, at which time those who desired to be heard were heard and their testimony recorded; and NHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. PROPERTY LOCATION: The premises in question is located a distance of approximately 3666 feet from C.R. 48, or Middle Road, along a private right-of-way at Blue Horizon Bluffs Subdivision, Peconic, Town of Southold. This property is identified on the Suffolk County Tax Maps as District 1OOO~ Section 74, BLock O1, Lot 35.52. 2. CHARACTERISTICS OF APPLICANT'S SITE: The subject premises is more particularly shown on the Map of Survey prepared by Roderick VanTuyl, P.C. dated November 3, 1993, and amended February 16, 1994, for this parcel. Shown is the top bluff at an elevation 38 feet above mean sea level, as well as low beach areas subject to flooding seaward of this bluff llne, and the remaining varlable contours. The dimensions of the lot are as follow: (a) frontage, or lot width, along the private right-of-way is shown at 49.67 feet; (b) a lot width 'tPage.2 - Appl. No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 along the ordinary highwater mark of the L. Sound of 108.34 feet, (c) the depth of the parcel from the ordinary highway mark of the L.I. Sound to the private right-of-way is 872.17 feet. 3- OTHER PROPERTY FEATURES: It is noted that a portion of the northerly upland area consisting of approximately 30 ft. x 105 ft. of upland area, or 3150 sq. ft., of the premises is located within a restricted Coastal Zone Erosion area. The regulations under the Coastal Zone Erosion Act (ref. Chapter 37) prohibits all new residential and other types of construction seaward of the Coastal Zone boundary line (30 ft. x 105 ft. of upland area) plus bluff sloping toward the foot of the bank, and the lowland areas - all shown on the survey to be a distance south, approximately 126 feet fromthe ordinary highway mark of the Long Island Sound. 4. VARIANCE REQUESTED: In this application, relief is requested for re-location of an existing seasonal cottage building -- which cottage building has been unoccupied since its temporary relocation from the edge of the bluff due to severe erosion and inadequate foundation support on the north side of the cottage. The present location of the cottage is temporary as a result of a Town Board proceeding and a public hearing held on September 21, 1993 before the Southold Town Board concerning a violation of Chapter 45 and Chapter 90 of the Code of the Town of Southold, "Unsafe Buildings." The requested re-location is substantially different from its previous location before the heavy erosion, and different from its present temporary location. The requested positioning is shown to be a distance 35 feet from, the present line at the top of the bluff (or bank) and 15 feet from the easterly side property,line. This position is shown to be south of the Coastal Erosion Hazard line, but north of the existing power line. 5- CODE REQUIREMENTS: Section 1OO-239.4 of the Zoning Code requires a minimum setback at 1OO feet from the top of the bluff, or bank, of the Long Island Sound. The percentage of relief requested for a re-location, as requested and shown on this February 16, 1994 survey, is for a variance of 65 feet, or 65 percent, which is substantial in relation to the 100 ft. minimum requirement. Re-locating the existing cottage would involve the placement of a new base supports (slab or similar as required by the N.Y.5. Building and Fire Code), new electrical hook-up, water hook-up, cesspool hook-up, and suitable step areas for safe entry. It is the applicant's position that it would be very costly, in the area of $7,500.00 in a location other than as requested and further distant due to costs for new underground wiring and piping. However, no written proof of the '~Pa§e.3 - Appl. No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 sums claimed were submitted for consideration. The sanitary system and well water are not shown on the February 1994 survey. 6. OTHER BUILDING SETBACKS; Upon visiting the area and viewing the town records, it was noted that existing "seasonal" cottages are situated with similar setbacks as that proposed by this variance. However, it is also noted that the top of the bluff or bank of the L.I. Sound has eroded by at least 10 feet or more since January 1985 - which created the present closer setback for these cottages to the current bluff line, The Board is quite concerned with the safety of occupants as well as the stability of the bluff and this "seasonal" cottage in light of the fact that due to Acts of God, similar hazards can happen at any time. This is the one of purposes of the enactment of Chapter 37 - Code for Coastal Zone Erosion controls concerning lots located along bluffs or banks of the L.I. Sound in the Town of Southold. 7. OTHER AGENCY JURISDICTION~ Other agencies which also have applications pending, or which have taken action, are: a) Southold Town TrusteesI variance under the Coastal Erosion Hazard Area'Law - which is pending at this time. b) N.Y.S. Department of Environmental Conservation Permit No. 1-4738-OO829/00001-0 issued December 13, 1993 (initials DMG) pertains to conditional approval to re-locate the subject cottage to an area outside of the Coastal Erosion Hazard line and south of the LILCO power line; c) N,Y.S. Department of Environmental Conservation Permit, as amended March 29, 1994 (GWH) to locate the subject cottage to an area north of the LILCO power line, within 1OO feet of the bluff or bank of the L.I. Sound. d) Suffolk County Department of Health Services (status unknown) to hook-up water and cesspool extension to a proposed re-location. 8. OWNERS PROPERTIES: One of the owners of the subject property also has an interest, or interests, in adjoining properties and in the development for Blue Horizons Bluff Subdivision (stamped by the Southold Town Planning Board in 1985). 9- EFFECTIVE DATE OF ZONING CODE PROVISION; For the record it is noted that the provision under the Southold Town '~Page. 4 - Appl. No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 Zoning Code pertaining to minimum setbacks from the top of the bluff or bank of the L.I. Sound became.effective under Local Law No. 4-1985 added March 26, 1985. 10. VARIANCE STANDARDS: In considering this application, the following standards must be considered: (a) Minimum Relief - the relief requested for a setback at 35 feet from the top of the bluff is not the minimum necessary to afford relief, and there is adequate land available to comply with the 1OO feet (or more) requirement; (b) Uniqueness of the Land the difficulties claimed in relation to the meeting the 1OO ft. setback requirement is personal in nature to the landowners [relating to personal expenses involved for the modification in utility hook-ups beyond, or south, of the present LILCO power lines}; New York Town Law requires that the uniqueness be related to the land; (c) Relief - the relief to permanently locate the building 35 feet from the top of the bluff will in turn be adverse to the safety, health, welfare, comfort, convenience and order of its occupant(s), as well as the town and nearby lands - since the rate of erosion has been ihcreased during the last several years and there is no proof from appellants to show.that there would not be further erosion at the same rate, or otherwise; (d) Alternative - the alternative for appellants to pursue for a permanent location is to locate this "seasonal building" landward of the 100 ft. setback line particularly when there is adequate land area available; (e) the approval of a temporary location rather than a permanent location, as applied, will not be detrimental to the health, safety, or welfare of the community, since it still would provide a benefit for the property owner to use his land for a zoning use allowable in this Zone District and provide a further opportunity for the property owners to consider a permanent location at a 1OO ft. setback or more, providing a safer location for a building without expending large sums of money for the temporary location during this re-evaluation period (five years); (f) the conditions for this variance and for ali other agency permits must be carefully and faithfully followed bythe property owner {and their agents} in order to prevent runoff or other discharge and to aid in preventing any adverse effect or impact on the physical or environmental conditions in this location; ',Page'5 - Appl. No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 (g) the appellants have not furnished evidence or sufficient information to show that the bluff is stable and that there is no other land area available for a yearround residence; appellants have indicated, however, that the costs for a temporary location with the same building, with "seasonal" use and without major alterations, modifications or reconstruction, are minimal as compared to the location of a permanent building; (h) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety and welfare of the community - and will be re-evaluated five years from the date hereof if the building is proposed to remain. Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief as requested for an insufficient setback in the permanent relocation of a seasonal cottage at 35 feet from the top of the bluff, or bank, along the Long Island Sound, with the following exception: 1. At the owners' own choice, liability, cost and expense, a temporary placement of the existing cottage building without expansion or enlargement may, for a limited period of up to five years, be located a distance of 35 feet from the top of the bluff shown on the May 24, 1993 survey map prepared by Roderick VanTuyl, P.C. subiect to re-application and re-consideration by the Board of Appeals of the status and condition of the bluff and the actual bluff line in May 1999 which may or may not be altered due to chanRes in future weather conditionsi and subject further to all other agency approvals; one of the reasons for the five-year time period is to allow additional time for the applicant to show, by expert testimony and expert documentation from licensed engineer(s), proof as to the condition and stability of the land within 1OO feet of the bluff, the rate of erosion both historically, currently and future soil changes, and other data necessary for this project, before the building is permanently in place, as well as providing sufficient burden necessary in meeting the lO0-ft, setback requirement (if any); and 2. During or before May 1999, the owners must reapply and submit evidence of the condition and stability of the bluff, for full and complete reconsideration of the temporary placement of the cottage construction if located within 100 feet from the top of the bluff, and until such time as a further determination is ,Page, 6 - Appl. No. 4225 Matter of Richard and Dolores Principi ZBA Decision Rendered May 4, 1994 rendered under the subject reapplication, the cottage.structure shall remain unoccupied if an unsafe condition exists; and 3. At any time the building is found unsafe, the building must be vacated and remain unoccupied until all agencies have received and finalized applications and determinations concerning necessary improvements or further relocation from the bluff; and 4. No building construction activities shall take place until all agency approvals have been issued, in writing, including that of the Southold Town Building Inspector; and 5. No disturbance of the land area within 100 feet of the top of the bluff; and 6. Both side yards must remain open and unobstructed at all times for access by emergency and/or fire vehicles; and 7. Owners shall meet with the Suffolk County Soil and Water District to obtain recommendations that would aid in preventing erosion and which would aid in further stabilizing the top of the bluff area; and 8. When the subject building is rebuilt or replaced, it must be set back 100 feet (or more) from the top of the bluff (as certified by an updated, certified survey). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk RECEIVED AND FILED BY ~{E SOUTHOLD TOV,;N CLERK I II~ER, C H~A~RMA N APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serg~ Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ APRIL 6~ 1994~ commencing at the times specified below: 1. 7:30 p.m. App1. No. 4221 - ARTHUR BURNS. This is a request for a variance based upon the March 1, 1994 Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXlII, Section 100-231 of the Zoning Code. Location of Property: 3525 Private Road #13, Mattituck, NY; County Tax Map Parcel No. 1OOO-105-1-4. Zone District: R-80 Residential. 2. 7:32 p.m. Appl. No. 4218 - JOHN E. STRIPP and JUDITH D. STRIPP. (Continuation from March 2, 1994). Proposed dwelling with reduced front yard setback from Private Road off East End Road, Fishers Island, NY; 1OOO-7-2-9. Page 2 - Notice of H~gs Southold Town Boarc oT Appeals Regular Meeting of April 6. 199q 3- 7:hO p.m. Appl. No. 4220 - JOHN E. STRIPP and JUDITH D. STRIPP. This is a request for a variance based upon the Building Inspector's February 24, 1994 Notice of Disapprpvai concerning a building permit application for a swimmingpooi with enclosure in a front yard location; ref. Article III. Section 100-32 of the Z~ning Cod~. Location of Prup~,~y: Private Road off East End Road. Fishers Island. NY; County Parcel ID 1000-7-2--9. 4. 7:45 p.m. Appl. No. 4222 - CINDY BENEDETTO. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for an addition at the rear of existing dwelling which will be located within Lagoon; ref. Article XXIII, Code. Location of Property: Section Ill; 910 Maple Lane, 75 feet of the bulkhead along Dawn Section 1OO-239.4B of the Zoning Lo~ No. 61 at Cleaves Point. Greenport, NY; County Parcel lO '1000-]5-5-26. The s~oject premises is substandard and 3s located in the R-40 Residential Zone District. 5. 7:50 p.m. Appl. No. 4227 - WILLIAM GASSER. This is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence, which do not meet the setback requirement of 15 feet from Page 3 - Notice of He~l~gs Southotd Town Board of Appeals Regular Meeting of April 6. 199q ali property lines, ref: Ar~cicle XiX, 5ectio~ 100-91(c), Article XVIII, Section 100-81-C(2a) of the Zoning Code. Zone District: Hamlet Business. 6. 7:55 p.m. Appl. No. 4223 - DONALD BREHM. This is a request for a variance based upon the l~uilding Inspector's March 4, 1~94 Notice of Disapproval cm~cerniflg a building permit application for a deck addition proposed within 15 feet of the bulkhead along Dawn Lagoon; ref. Article XXlII, Section 100-239.4B of the Zoning Code. Location of Property: 1010 Maple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section III; 1010 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-27. The subject premises is substandard and is located in the R-40 Zone District. 7- 8:00 p.m. App]. No. q226 - THOMAS AND JOAN KELLY. This is a request for a variance based upon the Building Inspector's March 10, 1994 Notice of Disapproval concerning a bui]ding permit application to locate a storage building within 75 feet of the bulkhead along Horseshoe Cove at Cutchogue Harbor; ref. Article XIII, Section 100-239.~B of the Zoning Code. Location of Property: Cutchogue, NY; County acres. 1050 West Cove Road, at Nassau Point, Parcel ID 1000-111-5-1 containing 1.54 Page zt - Notice of Heal~gs Southold Town Board of Appeals Regular Meeting of April 6. 199~ 8. 8:05 p.m. Appl. No. This is an application, known as 1350 West Cove County Parcel ~22~ - THOMAS AND ROBY GLUCKMAN. with amendments, concerning property Road, Nassau Point, Cutchogue, NY; ID 1OOO-111-5-2, requesting: a) a variance based upon the Building tnspector's February 23, l~q Notice of Disapproval concerning a building permit application to alter an existing garage wit~ at*--:~d guest unit, which will include an expansion of the guest un~t by more than 50 percent of its present size; ref. Article XXIV, Section 100-241 of the Zoning Code; and b) Atarch ]4, a variance based upon the Building Inspector's 199h Notice of Bisapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, which will not be located in the required rear yard or required front yard; ref. Article III, Section 1OO-33 Section 1OO-33C of the Zoning Code; and and c) a variance based upon the Building Inspector's Marchlq, 199~ Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXlII, Section 100-239.hB of the Zoning Code. Page 5 - Notice of Hea~ Southold Town Board of Appeals Regular Meeting of April 6. 1990. ~. 8:1~ p.m. Appl. No. ~225 - RICHARO, AND OOLORES PRINC1PI. This is a request for a variance based upon the Building Inspector's March 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within 100 feet of the L.I. Sound bluff; ref. Article XXlII, Section 100-239.4R--1 of the Zoning Code. '~ Location of Pro1~ert¥: Lot #2 shown on the 1985 Map of Blue Horizons. Section ; also knoNn as JingO Blue Horizon Bluffs Road. IZecoaic. NY; County Parcel ID 1000-7q-1-35.52. 10. 8:20 p.m. Appi. No. 4228 - VICTOR and GAlL RERISI~ as contract vendees. (Owner: Doris E. Schwartz). This is a request for a variance based upon the Building Inspector's March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the northerly portion of which ~ill be within 75 feet of the bulkhead near ~ul] Pond; ref. Article XXIII, Section 1OO-23~.qB of the Zoning Code. Location of Property: Lot No. 3h and part of 33 on the Map of Section Two at Cleaves Point, filed Map No. 3521; also known as 800 Snug Harbor Road, Greenport/East Marion, NY; County Parcel ID 1000-35-5-37. 11. 8:25 p.m. Appl. No. 4229 - FRANK R. ZALESKI. This is a request for ZBA review and determination confirming and recognizing this vacant lot as exists with nonconforming Page 6 - Notice of Heal~llgs $outhold Town Board of Appeals Regular Meeting of April 6. 199~ area, width and depth; ref.: Article XXIV, Section 1OO-2J~4 of the Zoning Code. Location of Property: Lot #11 on the 1965 Filed Map of Deep Hole Creek Estates; also known as 1100 Theresa Drive, Mattituck, NY; County Parcel ID 1OOO-115-13-15. Zone District: R-40 Residential. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prio~ to the conclusion of the subject hearing. Each hearing wi1! not start before the times designated above, if you wish to revi~ the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: March 15, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. ,3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD. N.Y. NOTICE OF DISAPPROVAL To . ' Richard Principi ,Box 495 ~magansett, N.Y. 11930 Date }hatch 2, 19 ?~. PLEASE TAKE NOTICE that your application dated .. FEB. 15. 9/* ......................... 19 ..... for permit to RELOCATE A SEASONAL DWELLING /*660 BLUE HORIZON BLUFFS ROAD PECONIC, N.Y. Location of Property House No. ' .......... Street ............... County Tax Map No. 1000 Section Block I _ _ Ham/et ~.~.. ....... · ..... Lot Subdivision ................. Filed Map I'4o ................. Lot No ........ · .... ~ ..... is returned herewith and disapproved on the following grounds ALL BUILDINGS LOCATED ON LOTS · ADJACENT TO SOHNDS ~ UFON WlllCH il:lie. RE EXISTS A BLUFF OR B/~NK LANI)WARD OF ~ SHOl ............................. · OR BEACH S.ALL HE SET Em< ~OT FEWER ~ 'd~' 'Hifi~%~'U' '(i'0'O') ...... FEET Ttl~ OP OF SU H LUFF 1')' ~i;Idinq Inspector /G~RY J. FISH · RV 1/80 R EIVED MAR 1 0 1994 TOWN OF SOUTHOLD, NEW YORK Southold Town Clerk APp.. FROM DECiSiON aP BU,~D~NG ,NSPECrOR APPEL NO. ~qD~ DATE .. TO/,~_,~ ~_ / ,~.THE ZONING BOARD OFo APPEALS,~TOWN OFofSOUTHOLD,z.~. ~',~N' Y. ~ . ~.~ ~ ~ ~ ~ Name of Appellant -- Street and Nu~ /~l_~ '~ ~ ~ ~~~ ............... : ........................ ~.~ .......... H[REBY APPEL TO ' ' ~ Municipali~ State THE ZONING 8OARD OF APP~LS FROM ~HE DECISION OF ~HE BUILDING INSPE~OR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... (~) WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Al~plicont for permit of ................................... ...... .............................................. Street and Number Mumc~parfity State PERMIT TO USE PERMIT FOR OCCUPANCY I. LOCATION OF THE PROPERTY....~.¢~.~....~...~..~,...~.,:...~.L....~..~.~....~...~.. ........................... Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot ^ - ~ ......................................... _.~urren~ uwner /¢~.~' Mop No /~Z~/~"~4"~'s" Lot No. Prior owner 797~' '--'/~ ' 7~/-/-.~.~'4'"z., ' · 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the A~icle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (J) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hos~been made with respect to this decision of the Building Inspector or with respect to this property. · Such appeal was ( ) request for a special permit { ) request for a variance and was made in Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection (/~) A Variance to the Zoning Ordinance ( ) ~s ,~aes,ed ~or ,he ,eoson ,hat Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this properh/ and in this use district because / The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS iKIC-r because FLORIDA STATE OP ~ COUNTY OF ST LUCIE Sworn to this .............................................. day ~ y ........................... --~' .......................... 19 Notary Public r OFFICIAL NOTARY SEAL / EDNA M WILLIAMS ~ NOrTARY PUBLIC STATE OF FLORIDAI ] COMMISSION NO. CC304221 [.., MY COMMISSION EXP. AUG. REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because vicinity of this property and in this use district because / The hardship created is UNIQUE and is not shared by oil properties alike in the immediate CHARACTER OF THE Dlbl RICT because The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE .,, z wo V ' -4, ,k b.,',,z; ; FLORIDA STATE OF~ COUNTY Of ST LUCIE Notary Public l" OFFICIAL NOTARY SEAL I EDNA M WILl.lAMS NOTARY PUBLIC STAI~ OF FLORIDA[ COMMISSION NO. CC3B4221 ~ ~Y COMMISSION EXP. AUG. },1997J RECEIVED I 0 1994 TOWH OF SOUTHOLD, NE~V YORI( Southold Town Clerk APPEAL FROM DECISION OF BUILDING ~NSPECZOR APPEAL NO. ~-/c~--~''~'~ DATE . . . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTNOLD, N. Y. ~,,._~/ Nome of Appellant Street and Numbe[. /f ~., ~ ..... ~~m~ ......................................................... ~.~ ......... HEREBY APPEL TO ~ MunicipaliW State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ............................... Name of Applicant for permit .............. i. Street and Number Municipal'ity State PERMIT TO USE PERMIT FOR OCCUPANCY ]. LOCATION OF THE PROPERTY.~.~.~.~...~...~..~,.....,;...~.E~7...~..~.¢...,....~...~.. ........................... Street /Hamlet / Use District on Zoning Map District lO00 Section Block Lot ............................... ~ ................ .._..curren~ ~ner ~.~ ~ ~/~x~/' Mop No. ~Zg~e~o~ · Lot No .... ~7~- /~ 'Tf-/-~ ' Frlor Owner 2. PROVISION (SI OF THE ZONING ORDINANCE APP~LED (Indicate the A~icle Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~/~ Section ,/~2 - ~2~, 3. WPE OF APPEL Appegl is made herewith for (please check appropriate box) (~) A VARIANCE to the ~ning Ordi~nce or Zoning Map ( ) A VARIANCE due to lack of access (State of N~ York T~n Law Chap. 62 Cons. L~s Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (hos~been made with respect to th'is decision Of the Building Inspector or with respect to this property. · Such appeal was ( ) request for a special permit { ) request for a variance and was made in Appeo! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (,)(') A Variance to the Zoning Ordinance ( ) is requested for the reason that ~ ~ ~'~¢~- Form ZB1 (Continue an other side) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southnld ·, TO: --'"~ ~ ,. ,C~, C NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ~(Special Exception) (Special Permit) (Other) [circle ch'bi-ce] to request 2. That the property which is the subject of the Petition is located adiacent to your property: and'is des- cribed as follows: ~/~. ,t/~t-. y~ dq/~'~'~'.c - J,.~/%~'~/,~ (~o. T,~- ;'~,~o ~' ./,~ - 7f~-,"- F,3T .r~z- 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That ht such Petition, the undersigned will request the'following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specified above wiU be filed in the Southoid Town Clerk's Office at Main Road, Southoid, New York and you ma)' then and there examine the same during regular office hours. (53.6) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeah; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveter-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' Petitioner 0wnet's ' Names: Post Office Address Tel. No. [Copy of sketch or plan purposes.] showingi proposal 'to be ,ttached for convenience NAME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 370 109~9.~ Receipt for~ Certified Mail No insurance Coverage Provided Do not use for International Mail (See Reverse) FLORIDA. STATE OF I~E~F,.~m~lz~ ) COUNTY OF ~) DOLORES PRINCIPI , resi, at 104 MIANKOMA LANE AMAGANSETT NY , being Iy sworn, deposes and says that on the 24TH day of ~SKU.~.KY ,19 94 , deponent' a true copy of the Notice 5et forth on the re- verse side hereof, directed to each of the above-named : the addresses set opposite their reSpective names; that the addresses set opposite the names of said is a~e the addresses of said persons as shown on the current assess~tent roll of the.Town of Southold; that said Noti~xes were mailed at the United States Post Of- ~ FORT PIERCE~ FLORIDA ; that said NotiCes were mailed to each of said persons by Notary Public OFFICIAL NOTARY SEAL EDNA M WILLIAMS NOTARY PUBLIC STATE OF FLORID^ COMMISSION NO. CC,30~221 ~Y COMMI~51ON EXP. AUG. 1,1997 (This side does not prope'r ty ownerS.) have to be complet'ed on form transmitted to adjoining BOARD OF APPEALS, TOWN OF SOUTHOLD In the M~tter or the Petition of to the Board of Appeal~ of the Town nf Southold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That__ ~.~- ---it i, the intention of the undersigned to petition the Board of Appeals of the '[own of Southold to request ~(VaH,ance~pecial-. Exception)(Special Permit) (Other) [circle choice]''_ 2. That the property which is the subject of the Petition is located adiacent to your P~op~rty and is des- cribed as follows: 3. Th~_he~.operty which is the subject of such Petition is located in the following zoning district: 4 Thai h~ such Petition, the undersigned will request th'e following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~ are Article Section [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five days from the date hereof, a written Petition requesting the relief specit'ied above be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 725-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk T~mes and in the Long Island Traveler-Mattituck Watchman, n6wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' ~"~ ~-' "~" Petitioner Owners'Names: ,,~ ./ Tel. No. [~) [Copy of sketch purposes.] or plan showing proposal to be attached for convenience NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P' 370 109 328 Receipt for ail~ Certified No Insurance ~ge Provided (See Reverse) P 370 FLORIDA STATE OF ~ COUNTY 0 F ~.~ } 104 MIANKOMA LANE DOLORES PRINCIPI , g at AMAGANSETT, NY , sworn, deposes and says that on the. 24TH day of FEBRUARY ,19 94 , deponent ,py of the Notice set forth on the re- verse side hereof, directed to each of the above-named the addresses set opposite their respective names; that the addresses set opposite the names of said I s we the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said No.es were mailed at the United States Post Of- ~_mceJt FORT PIERCE~ FLORIDA ; that said Notes were mailed to each of said persons by Sworn Io.~bef~ore me this ..~3 , ~\ ~ Notary Public . . ~ . ~ O~FIC~L N~ARY 5~L q [ CO~I~ION NO. C~1 J J ~y CO~ION ~X~. AUG 1,1~ J Thls side d°essn°tn r have to be completed on form transmitted to adjoining property ow e '.) ... QUESTIC~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.} B. Is the suDject premises listea on the real estate market ~or - sale or being shown to prospective buyers? { } Yes {X} No. (If Yes, pl~se a~-h ~/~/ of "condd~ns" cf sale.) C. Are there =ny %~r~pc=al~ tu =hange ~ alter { } Yes {X} No D. 1. Are there any areas which contain wetland grasses9 ~ 2. Are the wetland areas shown on the map submitted ~i~ this application? ~ 3. Is the property buel~d between the wetlands area and the upland building area? /U~ 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~O 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 fen~as which e~t ~nd are not ~hown cn t_h~ survey mad that you a~a submitting? ~/t;~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? /~)~A;~ 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 or any co-owner also own other land close to this parcel? If yes, please.explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~ ~,/_~ and proposed use ~ '~~_ / ~u~norized Sign~-fure an~ Date 3787, 1O/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES ~ The Boo. rd of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984! 'F'FE~r,~L-X~DS [Amended 8-26-76 by ~ No. 2-1976; 3-2~- (1) All lands ~enerail7 covered or in~rmittentiy cov- ered with. or which border on. tidal warm or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters ~ a maximum depth o~ five (5) feel including but no~ limited ~ banks. bogs. salt ma~h. ~wamps. meadows. ~a~ or other low lying lands ~ubj~ct ~ tidal action; (2) All banka, bogs. meadows, fla~ and tidal marsh aubject ~ such tides and upon which grow~ or may grow some or any of the followin~ salt hay. black grass, saltwort. ~ea lavender. ~ll cord~s, high bush. cat,ils, groua~ m~abmnl!~w ~d ~w (3) All ~d ~mmediate~ udjaeen~ ~ a tldal w~iand ~ defines in Subsec::on A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. ~ 2-I-0107. Subdivisions 1fa) to l(d) inclusive, of thc Environ'mental Conservation Law of the S~te of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward ed~'e of a "freshwater wetland." 9705 z. ss. es /~,~u~_/_U~,5~_TOWN OF SOUTHOLD PROPERTY REC~R~D CARD _ /'~-~_ owNER STREET ~/~60 W'LAGE D~ST S~.. FORMER OWNER J N E ACR. ~ H~ ~Y~o 4~ Or~ S W ~PE OF BUILDING RES. ~S..~ VL FARM ' CO~. CB. MICS. Mkt, Value ~ND IMP. TOTAL DATE R~RKS No. land ,:/ ' ' '¢ FRONTAGE ON ROAD qouse Plot ~, ~qc ~(0~) ~ BULKH~D Fotol ' COLOR TRIM Exteneion Extension Extension Porch Porch Breezeway Garage Patio Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer -7 Bath Floors Interior Finish Heat looms 1st Floor ~-ooms 2nd Floor )riveway FIN. B (~) COUNTY OF SUFFOLK J,~,~ SOUTHOLD SCALE- 50'" '~ ~ = 5TA W.E' LOT klO'S I??..F~_.~ 1D MAP OF BLUE HO~?ONS+FtbED 2. ~UFF, C0,TA~ MAP DATA~ I~ ?~- I ' ~5,5~ J