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Home My WebLink About5879 n/ZILL 0, 7'1tO,q,qs /'?"$ 5/5 fi.~oN7C ,&, 'I .6Nb, LAa...eG.6 /03 ~7___ ___~______---~---____-___-L..III"-~ /'1,/ ~/7'U H-ct~:l, 13/1 _!'L!i:/? 1'________ _____~_ .0/ vIDcfin~7ZIi'-_5!!.7""~-",A/SR..:E.F. l2e~" WIDr//- - Gr.R.4,J...-/i;"> 9/~/79 . .. . ~ rg 79 Ltz,/- L;,.. '<. cI. J PId- S/eJ-d/o(.. AAA -;;1d.. - ~-'~--------'~- ----_._---_._~-_._.__._-~-'----_._- .-. ----.."-'- ---. " ./ .. I . '. APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman 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 http://southoldtown.northfork.net RECEIVED I'-tf.e.~" J/'~S f7111 JUL 1 1 2006 FINDINGS, DELIBERATIONS AND DETERMINATION a~\d 1itlC~1 k . MEETING OF JUNE 8, 2006 -~;c.wn er ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 . Fax (631) 765-9064 ZB File No. 5879 -- Thomas Perillo Property l.ocation: 1410 Peconic Bay Blvd., Mattituck CTM 145-2-17.2 & 17.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants lots, parcel 17.2 is 22,457 square feet is improved with a two-story frame residence with slate patio and porch, and parcel 17.1 is 30,056 square feet as shown on the June 5, 1997 survey prepared by Burton and Behrendt Smith, P. C. BASIS OF APPLICATION: Building Inspector's December 12, 2005 Notice of Disapproval, citing Section 100- 30.A.3, in its denial of an application for a lot line change. The reason stated by the Building Inspector in the denial is that lots in the R-40 District require a minimum lot size of 40,000 square feet, a minimum single side yard setback of 15 feet, a minimum total side yard setback of 35 feet. Following the lot line change both parcels will maintain nonconforming lot size and parcel 17.2 will have a single side yard setback of 0 feet and a total side yard setback of +/-17 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes a lot line change in order to relocate the access for parcel 17.1 to the east side of parcel 17.2. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Granl of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot line change the applicant is requesting will not result in anymore density thZl(l is already allowed by the code. 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 a house already exists on the property and will remain. The zero (0) lot line setback created by the variance will follow an existing driveway and have the appearance of a .. "- Page 2 - June 8, 2006 . ZB File No. 5879 - Thomas Perillo eTM No. '145-2-17.2 & 17.1 . single driveway. An additional benefit will be the elimination of an ingress/egress point on the east side of the property. 3. The variance granted herein is not substantial. No new non-conformities are being created by this lot line change. 4. The difficulty has been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, shown on survey site map dated June 25, 1997 revised February 16,2006 prepared by Burton Behrendt Smith P. C. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. 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, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). () \.Lon-;;{). . CSJ . (Q~ Ruth D. Oliva 7 P?/06 Approved for Filing BUJLDER'S .JOB NO. TITL.O' (-<; G- O 1l~ ~/'z- (' 00 <::> ~<:) ....\~ 'v~ qp'1J <' 'b ~ 9> 9,~ ~ Q, ~ ~ " THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTJNG CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHAlL NOT BE CONSIDERED TO BE A VALID TRUE COPY. NO OFFICIAL OF THIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATlONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPEClFJCATIONS THAT ARE NOT STAMPED. CERTifiCATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY AND lENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT O'M'4ERS. SUFFOLK COUNTY TAX MAP OIST: 1 000 SECT: 145 BLK:03 LOT: 17.2 BURTON BEHRENDT SMITH PC MAP NO: DATE: LOT(S) BLOCK MAP OF DESCRIBED PROPERTY LOCATION: LAUREL ENGINEERS ARCHITECTS SURVEYORS TOWN OF SOUTHOLD. SUFFOLK COUNTY, NEW YORK SURVEYED: JUNE 5. CERTIFIED TO: THOMAS PERILLO REV: PROP. GARAGE: 7/3/97 REV.LOCATE DRIV[; 6/29/01 UPDATE SURVEY: 12/27/05 REV.REV,PL 2/16/06 244 EAST MAIN ST. PATCHOGUE, N.Y, 11772 (516) 475-0349 FAX 475-0361 1997 SCALE: 1" 40' FILE NO: 97-228 \II o c:. --' j; o V ~ o o o o ';0 "2- l" <' 'b ~ 9> \ "" ~ '" ." ~ \ f'I2oPtlSt:::-n .. . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 25,2006 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 SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MAY 25. 2006: 11:00 A.M. THOMAS PERILLO #5879. Requests for Amended Variance (referring to ZBA Decision #2582 dated 9/6/1979) and Variance under Sections 100-30A.3 and 100-244 (Bulk Schedule), based on the Building Inspector's December 12, 2005 Notice of Disapproval. Applicant proposes to re-Iocate the access right-of-way from the west side to the east side of Lot 17.2, resulting in the proposed change of lot line and new nonconforming front yard setback from the existing dwelling to the easterly front yard line at less than 40 feet on this 22,457 sq. ft. parcel. After the lot line change and excluding the proposed land exchange of the 15 ft. wide right-of-way, the nonconforming size of CTM Lot 17.2 will remain at 22,457 square feet, and nonconforming size CTM 17.1 will remain the same, except that the ownership of the 15 ft. wide right-of-way will change when relocated with 17.1 (instead of part of 17.2). Location of Property: 1410 Peconic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17.1. 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: May 9, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski . . #7868 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, com encing on the 11th day of Mav ,2006. Principal Clerk Sworn to before me this 2006 I -.2 dayof ~ ~ Vof/lJJfv! CHRISTINA VOLlNSKI NOTARY PUBLlC.STATE OF NEW YORK No. 0 1.Y061 05050 Qualified In Suffolk County Commission Expires February 28. 2008 AJ~~ (--- ((p :;i/e;S~~) 5ftfbl pp. ON'~ Notice of Disapproval concerning pro- posed additions/alterations to the exist- ing dwelling at less than 50 f~t from the front yard lot line, at 570 Horseshoe Drive, Cutchogue; CTM 95-4-18.20. 10:05 AM. KEVIN and VIRGINIA I COTTON #5896. Request for Vari- , ances under Section 100-244, based on the Building Inspector's April 5, 2006 Notice of Disapproval concerning pro- posed additions/alterations to the exist- ing dwelling at less than 35 feet from the front and rear yard lot lines, less than 25 feet for combined (both sides required at 10 ft. and 15 ft. minimum), and with lot coverage in excess of the code's 20% limitation. Location of Property: 825 Dogwood Lane,'S;l I.1~,;'J: CfM 54- 5-33. ......, 10:15 JEANINE O'HAGEN.MUR- PHY #5890. Request for Variances uo- ~er: (a) Section l00-31A states that "no building or premises shall be erected or '" altered which is arranged, intended or " designed to be used, in whole or in part, LEGAL NOTICE ' for.any uses except ... (1) One-family PUBUC HEARINGS . etac~ed dwellings, not to exceed one SOUmOLD TOWN ZONING dwelling on each lot; and (b) under BOARD OF APPEALS SectiOli(s) 1()().242/1()()"243 pertaining nruRSDAY MAY 2S 2006 to nonconforming setback and noncon- NOTICE IS HEREBY GiVEN,pur- forming ?um~r of dw~llings on ~ lot. suant to Section 267 of the Town Law The applicant 18 proposlOg renovations/ and Chapter 100 (Zoning), Code of the a1teration~ to the ~xisting dwelling, on Town of Southold, the following public a lot which contains more. than one hearing will be held by the SOUTH- dwelling, and was disapproved by the OLD TOWN ZONING BOARD OF Building Inspector on April 20, 2006, APPEALS at the Town Hall, 53095 and amended Notice of Disapproval , Main Road, P.D. Box 1179, Southold, issued May 9,2006. Location of Prop- New York 11971-0959, on llWRSDAY, . erty: 4250 Breakwater Road,Mattituck; MAY2S,_ CIM 106-9-1.1. 9:35 AM. JAMES CURRAN #5795 10:25 A.M. PAUL and CHERYL _ Request for a Variance under Section RAGUSA #5897, Request for a Vari- 100-33, based on the Building Inspec- ance under Section 100-231, based on tor's July 28,2005 Notice of Disapproval the building Inspector's February 28, concerning the location of an as-built 2006 Notice of Disapproval concern- accessory shedin a front yard, instead of ing fence construction in excess of the the code-required rear yard, at 680 Oak- code's four ft. height limitation when 10- wood Court (at Wood Drive, Lakeside cated in the front yard, at 2700 Harbor Drive), Southold; CIM 90-4-4. Lane, Cutchogue; CfM 103-1 ~20.8. 9:40 AM. JAMES BISSETI III m35 AM. ROMANELLI BROTH- #589,4. Request for a Variance un~er ERS,LLC by John Romanelli,President Section l00-33A, based on the Budd- #5880. Request for a Special Exception ing I,nspector's March ~6, 2006 Notice under Section l00-71B(3) to establish of Dlsapproval concernl';lg a new ho~e an Apartment use over the first floor barn proposed at a height exceeding business office use in this RO Residen- the code limitation ~f 18 feet, at 55 Cox tial Office Zone District, at 51750 Main Neck Road, Mattituck; CTM H3'-7- Road Southold. CfM 63-6-4 19.23. '10,40 AM. . RICHARD PERRY 9:45 A.M. STEPHANIE MIRf!'EL- #5886. Request for a Variance under LO #5849.. Request for a Vanance Sections l00-30A.3 and .100-242 (Walz un~e~ Section l00-~42A, based on the Interpretation #5039 rendered 1/2/02), bwl~1Dg Inspector s January ~,2?,06 based 00 the Boilding Inspector's Feb- Notice of DISapproval, concermng as 6 2006 N h' f D' I b'l I' . . ruary, 0 ce 0 Isapprova UI t ,a terattons to an eXlstmg noncon- concerning a proposed addition which formmg accessory, seasonal cottage con- " ' taining 520+/- square feet of floor area. w~ll Increase the degree of nonconfor- The reasons stated for disapproval aJ;e: mlty when located ~ess than 50 feet fr,om (1) that the existing seasonal accessory the front yard l~t hne, at 830 Clearvlew cottage was altered to include heat and Road, Southold, CTM 89-3-11.5. to convert a sunroom to a bedroom, 10:50 RICHARD and Sl!SAN which is not permitted under Section WARD #5~7. Request for V~nances loo-242A when alterations create a under Section 100-32 (ref. Section 100- new nonconformance or increase in the 244 Bulk Schedule), based on the Build- degree of nonconformance; and (2) in~ Inspector's July. 5, 2005 Notice of that Section lOO-31A permits only one D1Sapp~oval, arrl~nded March 2,2006, single-family dwelling on a lot, and the fo~ l~t SlZes a~d Side yar.d setback of the as-built alterations create a year-round eXlstmg dwelling resulting from a pro- accessory cottage, Location of Prop- posed change of lot lines (re-division erty: 3535 Cox Neck Road, Mattituck; of existing Lots 1 alld 2), Each lot will CTM 113.3-3.1. remain nonconforming with less than 10:00 A.M. LAWRENCE and ANN 80,000 square feet of land area and less EKSTER#5891. Request for a Vari- than 175 feet of lot width, and the side ance under Section l00-30A.3, based on yard will be less than 20 feet from tfie the Building Inspector's April 11,2006 existing dwelling from the revised lot WI ~ 'l ~ line. Location of Property: 4006 Old North Road. Southold; CIM 55-2-5.2 and 5.3. IWO A.M. THOMAS PERILLO #5879, Requests for Amended Variance (referring to ZBA Decision #2582 dated 9/6/1979) and Variance under Sections loo-30A.3 and 100-244 (Bulk Sched- ule), based on the Building Inspector's December 12, 2005 Notice of Disap- proval. Applicant proposes to re-Iocate the access right-of-way from the west side to the east side of Lot 17.2, result- ing in the proposed change of lot line and new nonconfonning front yard set- back from the existing dwelling to the easte'rly front yard line at less than 40 feet on this 22,457 sq. ft. parcel. After the lot line change and excluding the proposed land exchange of the 15 ft. wide right-of-way, the nonconforming size of CIM Lot 17.2 will remain at 22,457 square feet, and nonconforming size CTM 17.1 will remain the same, except that the ownership of the 15 ft. wide right-of-way will change when relocated with 17.1 (instead of part of 17.2). Location of Property: 1410 Pe- conic Bay Boulevard, Mattituck; CTM 145-2-17.2 and 17,1. 11:20 AM. FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL #5883. Request for a Special Exception under Article III, Section 1()()"31B, sub-section 13 of the Zoning Code to establish Ac- cessory Apartment, to establish an Ac- cessory Apartment in the existing dwell- ing located at 1877 Heathulie Avenue, Fishers Island;CI'M 1000-9-11-9.3. 11:30 AM. ANDREW LOWRY, MANAGING MEMBERI343 EAST 18TH STREET #5860. Request for Variance under Section 1()()"244, based on the Building Inspector's March 23, 2006 amended Notice of Disapproval, concerning construction of a new dwell- ing at less than 40 feet from the front yard lot line (after demolishing the existing dwelling). (No alterations or changes to the nonconforming acces- sory cottage are proposed.) Location of Property: 115 East Side Avenue, Mattituck; CIM 99-3-19. 11:40 A.M. FRANCIS W. and NAN- CY DEEGAN #5892. Request for Vari~ ance under Sections 100-242 (Walz In- terpretation #5039 rendered 1/2/02) and 100_244 concerning ad"l1itions to the ex- isting dwelling, which will increase the degree of nonconformance when locat- ed less than 15 feet from the side yard lot line, at 500 North Drive, Mattituck; CIM 106-6-28.4. 1:15 P.M. SOTIRIOS KASSAPIDlS #5888. Request for Variances under Section 100-230 and 100-244, based on the Building Department's March 7, 2006 Notice of Disapproval regarding a breezeway addition to an existing ga- rage, at less than 10 feet from the side property line (Building Permit #31420), and with the swimming pool construc- tion, all buildings and structures will exceed the 20% code limitation of lot coverage, at 3975 Breakwater Road, Mattituck; CIM Parcel 106-3-8. 1:25 P.M. THOMAS and MARY FITZPATRICK #5880, Request for Variances under Sections l00-242A (Walz Interpretation '-#5039 dated 1/24/02) and 100-244, concerning pro- posed additions to the existing single- family dwelling, with new construction at less than the code-required 10 ft. min- imum side yard, and less than the code required minimum of 35 feet from both front yard lot lines, at 1160 Bailey Beach Road,Mattituck; CTM 99-3-11.19. 1:30 P.M. BENEDICT POLLIO #5889. Request for a Variance,'based on the Building Department's April 4, 2006 Notice of Disapproval concern- ing an addition to an existing dwelling. The reason for disapproval is that Sec- tion l00-31A states that "no building or premises shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except .., (1) One-family detached dwellings, not to exceed one dwelling on each lot. The new construction is pro- posed on a lot which contains more than one dwelling. Location of Property: 445 Kimogenor Point R-oad, New Suffolk.; CIM 117-10.1. 1:35 P.M. ARLENE and PETER MANOS #5891. Request for a Variance under Section 100-239.4A, based OIlthe Building Department's March 28,2006 Notice of Disapproval, amended April 11,2006, concerning a request to amend Building Permit #31508-Z,after demol- ishing the dwelling and building a new dwelling. Demolition of the construc- tion was not requested by Applicant under Building Permit No, 31508-Z and .ZBA Variance #5730 (which was for a two-ft. porch extension). The new dwelling will be located less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2000 Sound Drive, Greenport; CTM 33-1.18. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statemelits before the conclusion of each hearing. Each hearing will not start earlier than designated above. Flies are available for review during regular business hoUl'S. If you have questions, please do Jiot hesi- tate to contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: May 9, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski 7868cI T 5/11 I &' \C5 eJ ~ . - tfj5i11 FORM NO.3 NOTICE OF DISAPPROVAL DATE: December 12, 2005 TO: Moore AlC Perillo 51020 Main Road Southold, NY 11971 Please take notice that your application, dated December 12, 2005 For permit for a lot line change at Location of property 1410 Peconic Bay Blvd. Mattituck. NY County Tax Map No. 1000 - Section 145 Block J Lot 17.2& 17.1 Is returned herewith and disapproved on the following grounds: The proposed lot line change on two contiguous parcels in the R-40 District. is not permitted. pursuant to Article IlIA. Section 100-30.A.3. which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the R-40 District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference. with the same force and effect as if such regulations were set forth herein full." , '" ;}" 'b According to the bulk schedule. lots in the R-40 District require a minimum lot size of 40.000 square 8 feet a minimum sin Ie side ard setback of 15 feet a minimum total side ard setback of 35 feet. 1 ~ Followin the lot line chan e tax lot 17.1 will maintain its nonconfob;Jn lot size 0 30056 d tax lot 17.2 will maintain its nonconforming lot size of 22.4 7. However. the existing dwelling on tax lot 17.2 will have a single side yard setback of 0 feet and a total side yard setback of +/ - 17 feet. Southold Town Planning Board approval will also be required for this proiect. Note to Applicant: Any change or deviation to the above referenced application, may require further r' y t~old Town, Building Department. /~-- Authorized Signature CC: file, Z.B.A., Planning Board " . e APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP Fee: $ Filed By: Office Notes: For Office Use Only Date Assigned/Assignment No. ZONIN~~;!l2~"~.n._OF APPE:~ ~~J;tr Parcel Location: House No. 1410 Street Peconic Bav Boulevard Hamlet Mattituck SCTM 1000 Section 145 Block2 Lot(s) 17.2 & 17.1 Lot Size (existing 17.2) 22.457 s.f. If flag relocated to east side of prooertv - 22.257 If flag made as right-of-wav for 17.1 - 26.344 Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12/12/05 . Applicant/Owner(s): Thomas Perillo Mailing Address: 87 Old Country Road. Melville. NY 11747 Telephone: 692-8147 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Patricia C. Moore ESQ. Address: 51020 Main Road. Southold NY 11971 Telephone: 631-765-4330 fax: 631-765-4663 Please specify who you wish correspondence to be mailed to, from the above listed names: o Applicant/Owner(s) KI Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 12/12/05 FOR: IKI Building Permit (if access relocated then existing house requires varianc~ o Certificate of Occupancy 0 Pre-Certificate of Occupancy \ o Change of Use V ' o Permit for As-Built Construction lob d-')~ 111 o 1 --=r Jt' '11~(, Other:Amend location of access to 17.2 as required in Anoeal No."25827/26179 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IlIA Section 100-30 Subsection A3 Type of Appeal. An Appeal is made for: o A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. o Interpretation ofthe Town Code, Article_ Section III Reversal or Other Amend ZBA decision No. 2582 dated Julv 26. 1979 A prior appeal II has 0 has not been made with respect to this property UNDER Appeal No. 2582 Year 1979. ", . e Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: In 1979 (Appeal 2582) the Zoning Board granted a variance for insufficient area and width and access in order to complete a lot line change. The applicant, Perillo, thereafter constructed his house and has lived in this house for the past 26 years. The applicant wishes to build a garage on the west side of his property. A garage either in the rear or on the east side would block the water view of his parcel as well as his neighbor's parcel to the east (Bums). In order to locate the garage on the west side he must ask the ZBA to relocate the access for the rear lot to the east side. The access can be either a IS' right-of-way or a flag. Either is acceptable to the owner. The driveways for the front and rear parcel would be shared: the existing driveway would stay in it's present location and the driveway to the rear lot would use the same access. The relocated right-of-way would be adjacent to another existing right-of-way (shown on the survey as existing park & playground). The existing house, as built, will require side yard variances because the relocated right-of-way or flag will result in the house to be to the new setback. No change will be caused to the actual use of the dwelling. No further alterations to the east side ofthe house would be permitted. (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 views of the house would be altered by placing a garage in the back yard. The neighboring homes share common rear open space views, the character ofthe established neighborhood would be adversely affected by building a garage which is conforming to zoning. The location of the existing access creates a problem to the owner. The house will be no closer to the neighbor then already exists. The driveway remains where it is already developed. (3) The amount of relief requested is not substantial because: In 1979 the Planning Board recommended that the access be located on the west side, however, because the ZBA had placed it on the east side, at the owner's request, the Planning board could not change it. After many years living on the property, the owner believes that the Planning Board was correct. Relocating the access to the east side of the property enables the owner to place a garage in the rear yard where it does not block the water view for his home or his neighbor's home. The garage on the west side of the property will be in line with his westerly neighbor's garage. The development of the neighborhood which has preserved the waterfront views will be preserved for as long as the waterfront property remains undeveloped. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: - , . - No overall change will be made to the property- if the access remains as a flag, the exchange in location will not affect the overall size of the property. If the access is made a right-of-way, then the area of the right of way is added to the Perillo's improved lot and the buildable area of the waterfront lot remains the same (ROW area is not included in waterfront lot area calculation under current code). There is no net change to the existing properties. (5) Has the variance been self-created? (X )Yes, or ( )No. lfnot, is the construction existing, as built? ( )Yes, or ( )No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The proposed garage on the west side of the property necessitates this request. The garage could be located on the east side but it would adversely impact the easterly neighbor. Mr. Perillo and his neighbor have known each other for many years. It would not be a "neighborly" thing to do (change the character and historic development of the neighborhood) even though it would comply with the zoning ordinance. . . This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character ofthe neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TT ACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) S~~L;:;;ila:~rA~rized Agent (Agent must submit written Authorization from Owner) Sworn to before me this / day of ;;2 '1-7 ' 20 012. . .- ~;:3'::-/f l.1IIetaiy Public PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861 ~!lll'll' Commission Expires June 16;~ REMARKS "Mts. _____ 9/917;- z;; eAt;' &NcJ"RlS,tI' hkei/,6e.is k./ . "p", f; ;S;.z. (#j, ~P()j I//,.,~ .I'o//;"- t?tJ;p 1<tm)eIsA, f. renll. .~'>< j; 1/.~? - ~ :::7 ~l;/l/tJft. ,~ - Devno flL:k...a:I;o.~ ~ Y AdcL lU-. ,jDec!.~' ~>Cl~_~.'~ --rbJ~~+-A//i.. w~~ ~.,..~ e."'- \l) , ''2{ued,..-. ",' C ""-/ , e TOWN OF SOUTHOLD PRoPERTY RECO.~CARD ID ,/Ie. U ~,-1fi ~h ," - - STREET VILLAGE DIST. SUB. 7: Per-ilia FORMER OWNER '.le ... Is Ie , 9'- fJroS. // / O~Sl TYPE OF BUILDING S ~ , "i RES~ ,/ J./O LAND SEAS. VL FA~ COMM, CB, MISC, Mkt, Value IMP, TOTAL DATE 100 'tillable 2 Tifl9ble 3 Woodland - .J .1 ~ " , Swampland Brushland FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD 'CJ/ House Plot rotal DOCK A '._6 ./ LOT ,,,,,",I": c- . '~~:. I .. v 1\ Irl € . ~ I.... If ~c Is . ~ .. J j, I . P" : I ~ " . I t: ~~ ~ 1,1 ~ . 1 1 - . - . ~ , 12 ~ J 10 , . I' t. , J'-' \ ~ ~ 0<1 . 2j qc; . .. . I. C!4 VJI..-..~ . Bldg. ~Xl\ .. 2..2- S~ Foundation Bath 3 Dinette '4-'l-~' 2(,':- 125"'1- S Extension '3'l.~ _ '8z.. Basement Floors 0.~. Kit ..; ~ Ext nsion 2/(P 3~ alO Ext. Walls C\.d ~ Interior Finish ~ L.A. /" .,. ... Extension. . Fire Place Yes Heat '1lQ.. D.A. .I1~ t.Jt ~ 5(, 4~ .a6~ Woodstove ~~ '1 ,g) "\" Dormer Fin. B. ~ te./f- I ,7.S" II~ Attic ., /It...... tl~ Rooms 1st Floor Garage 6~ ,2'; Driveway Rooms 2nd Floor 3B~ Z. O.B.. Pool /--.. -- j>\ '0 ~\G ~dl ~ r,l G'?' SUFFOLK CD COUNTY OF rvlce Agency NOTICE G)Reol Property ~~; ~. e. N Y U9 ., .~""" ",."'00. "" 00 It """t, i:ont:;". m,;. _ 00"" ":'""~~",,:~~ ,,,,,,"'. "'''"~'';, '" 'oo,~ ~ :::;,,,. . _ . ,::,'" "'"'"' "", ." "'"":';:;",, '" '~' :':~ I! " ,~."' ~m Mn" ,,-, .~~, '.. !Ii -.,.- ~.,""""',. ;;.~' ::" ::;;:, :::::"'.:"~,."",,,..,, _- '- 'fs 111__.1_ .,- ~,tTl<' 1I.... '.. .n.~ ~ II . .<. . ::=:=::.-.. OL..~-=-_g--.. =-::="::".w'-"~~'~~="'''~'_~~ , . i' TOWN OF SOUTHOLD "I.. ~ BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 > TEL: (631) 765-1802 i FAX: (631) 765-9502 www.northfork.net/Southold! 7 2005 '.j . BUILDING P~IT APPLICATION CHECKLIST Do yo.e or need the following, before applying? Board ofRealth 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: . >.' ~: I .._._~J-c2_ .1 PERMIT NO. ~. ,20_ ,20 ILIIZ-f-i - Examined Approved Disapproved alc Mail to: Expiration ,20_ Phone: APPLICATION FOR BUILDING PERMIT Date ,20_ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location oflot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICA nON IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of South old, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ (Signature of applicant or narne, if a corporation) ot-ou:> ~!ZQ S--~t?A/ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ~~. Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (N ame and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location of lan~ which ?ropose work ~t;/:one: House Number Street frla.(:tt k- Hamlet County Tax Map No.1 000 Section / 'IS- Subdivision Block~ ~ Filed Map No. Lot /7- ..z Lot (Name) > r _T 2. State exis~n~ use and occupancy_ .premises and intended use and OCC~p& ofJ>:oposed construction: ) a. EXlstinguseandoccupancy ~ . /q~ahEn-. 7 ffe(:J (.ct:.!j /~I-~ b. Intendeduseandoccupancy ~ - ......A__Z;L. /~".........,.-.. ? Y"d 3. Nature of work (check which applicable): New Building Repair Removal Demolition Addition Other Work Alteration (Description) 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front Rear Depth 10. Date of Purchase Name of Fonner Owner 11. Zone ~r use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO_ 13. Will lot be re-graded? YES _ NO_Will excess fill be removed from premises? YES_NO_ Phone No. Phone No Phone No. Address Address Address 14. Names of Owner of premises Name of Architect Name of Contractor 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES _NO _ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ofa tidal wetland? * YES_ NO_ * IF YES, DEC. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) ~ SS: COUNTY OF iff.~ ) ~(_ c $ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this jJ ~ '7 day of p( 20~ ~~ . .......-.---...-...:"'!i .~a&;i'C' .'. . ". ......1'''' . .~. Ii ~". "'~ -~~--,.,',...,.,.-. ,<;oc,:,;;....-.-'.'" .:,.;..,~..",.,..,.....,._....". ,.,_.".-~."----.-'-~"". ' . ...~j __u_"__ r,~,!,pp,-... 1\ '. :::?;h~~'~~~~~!!;"J ",~ " '. -., '" r, J, tl~. 01C050178~' 'I i .. ~ :~I.illed in Suffolk Calmly: d, ':SlonE'Plress'PtlJ'~1 U.~_,.,.-.. 'i-......, .,..-\;.,1,.",., .t ..,'........."',_._._..~,----.~ "',..... .~;. ...;.. ; ,~ .~, " [t'~r \/IWv.- /~ \ STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING September 20, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 SEP .2 2 (v06 Dear Ms. Oliva: 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 oflocal determination should not be construed as either an approval or disapproval. Applicant(s) Manos, Peter & Arlene Klein, Geri Armine Curran, James Neumann, James Olvasid Realty' Fischer, Daniel Aliano, Nicholas" Hajek, Frank & Rose Miritello, Stephanie Chapman, John 343 East 18 LLC (Lowry) Sweeney, Jim & Susan Ward, Richard & Susan Estate of Glenn Boocock Kennedy, Sheila Galizia, Henry Baner, John & Denise Perillo, Thomas'" Fitzpatrick, Thomas & Mary Romanelli Brothers Perry, Richard & Kim Pollio, Anne Ekster, Lawrence & Ann Deegan, Francis & Nancy Bissett, James III Sutton, Alexander & Tracy Sullivan, Robert & Jackie Municipal File Number(s) 5730 5793 & 5853 5795 5822 5828 5833 5846 5847 5849 5857 5860 5865 5867 5868 5870 5871 " 5874 '\. 5879 5880 5882 5886 5889 5891 5892 5894 5898 5902 LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHW A Y . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER (631) 853-4044