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'APPEALS BOARD MEMBERS .
Ruth D, Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
.
Mailine 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
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
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FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 11, 2006
ZB File No. 5876 - RALPH and CAROLYN SINOPOLI
Property Location: 315 Park Avenue, South old
CTM 56-1-2,2
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 FACTSIDESCRIPTION: the property is 40,017 square feet in size with 249.50 feet along Park
Avenue and is improved with a two-story frame house, accessory garage and small shed, as shown on the
February 27, 2006 survey, amended March 8, 2006 by Peconic Surveyors, P.C, The garage is 87 feet from
the southerly side property line (Town Recharge Area), and 35,6 feet from open space land to the west.
BASIS OF APPLICATION: Zoning Code Section 100-30A.3, based on the Building Inspector's November 14,
2005 Notice of Disapproval concerning a proposed addition with alterations, connecting the existing dwelling
and detached garage. The reason for denying the building permit application is the principal building will have
a setback at less than the code required 50 feet from the rear lot line.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 27, 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 applicants wish to place a single-story addition between the
existing dwelling and the detached garage, The buildings will become one as a principal building at 35.6 feet
from the rear property line, the existing setback of the garage.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a
detriment to nearby properties. The addition is less than 300 square feet and connects approximately 7 feet of
enclosed space to the existing garage. The addition for the connection will be almost unnoticeable from
adjacent land areas.
2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to
pursue, other than an area variance. The 22' x 24' accessory garage was built in 1997 under Building Permit
No, 24538..Z. The connection is only seven feet wide (extending 20 feet or more in length).
Page2-May11.2006 .
ZB File No. 5876 - R. and C. Sin"-
CTM Pareel No. 56-1-2.2
.
3. The variance granted herein is not substantial.
4. The difficulty has been self-created. The buildings have existed at the property for many years in their
present location.
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 Goehringer. seconded by Member Simon. and
duly carried. to
GRANT the variance as applied for. as shown on the February 27. 2006 survey. amended March 8,
2006 by Peconic Surveyors. P.C. with applicant's notations. and on the Penny Lumber diagrams dated
September 21. 2005. subject to the condition that any future expansion of the home garage shall not
reduce the rear yard setback further (to be planned toward the southerly property line which is
adjacent to the Town recharge area).
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 Goehringer, Dinizio, Simon, and Weisman. (Chairwoman Oliva was
absent.) This Resolution was duly adopted (4-0).
Q.Ii.. eg. r}S)l1i cr,
Ruth D. Oliva, Chairwoman 6/14/06
Approved for Filing
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AREA-40,017 SO. FT.
'LOT NUMBERS REFER TO .SUBDIVISION MAP OF LONG
POND ESTA TES SECTION ONE" FlLED'IN THE SUFFOLK
COUNTY CLERK'S OFFICE ON DECEMBER 27, 1985 AS
/ FILE NO. 8037.
ANY AL TERA nON OR ADDtnON TO THIS SURVEY IS A \o10LA nON
OF ~CTlON 72090F THE NEW YORK STA TE EDUCA TlON LA W.
EXCEPT AS PER SEcnON 7209-SUBDMSION 2. ALL CERTlFlCA nONS
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
MlOSE SIGNA TURE APPEARS HEREON,
RE~E""ED
MAR 2 0 2006
ZONING BOARD OF APPEA~S
SURVEY OF PROPERTY
AT SOUTHOLD
TOWN OF SOUTHOLD
SUFPOLK COUNTY, N. 1':
1000-56-01-2.2
SCALE: 1"-30'
OCT08ER 20, 2005
FeB. 27,2006 .
MAR. 8, 2006 !PROP. ADDITION!
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LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 27, 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. APRIL 27. 2006:
9:45 A.M. RALPH and CAROLYN SINOPOLI #5876. Request for a Variance under Section 100-
30A.3, based on the Building Inspector's November 14, 2005 Notice of Disapproval, concerning
a proposed addition with alterations, connecting the existing dwelling and detached garage,
resulting in a principal building area with a setback at less than the code required 50 feet from
the rear lot line, at 315 Park Avenue, Southold; CTM 56-1-2.2.
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: April 10, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
.,
f"
FORM NO.3
.
TOWN OF SOUTBOLD
BUILDING DEPARTMENT
SOUTHOLD, NY
0- 8 7 h
TO:
NOTICE OF DISAPPROVAL
(y
( t,,:l~r ) /' ."" ~cJ.?k )-) DATE: November 14, 2005
kich~ddfo & Carolyn Sinopoli /
315 ParkAve~
Southold, NY 11971
Please take notice that your application dated September 30, 2005
For permit for additions and alterations to an existing single familv dwelling at
Location of property: 315 Park Avenue, Southold, NY
County Tax Map No. 1000 - Section 56
Block~
Lot 2.2
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a conforming building on a conforming 40,017 SQuare foot parcel
in R-40 District. is not permitted pursuant to Article IIIA Section 100-30A.3" which states:
"No building or premises shall be used and no building or part thereof shall be erected or
altered in the Low-Densitv R-40 District unless the same conforms to the reQuirements ofthe
Bulk Schedule and of the Parking Schedule with the same force and effect as if such
regulations were set forth herein full. "
Bulk schedule reQuires a minimum rear vard setback of 50 feet. The proposed addition, connecting the
principal dwelling to an existin~ conforming accessory garage. will result in a +/- 35.6 foot rear vard
setback.
Cc: File, ZBA
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APPLICATION TO THE SOUTHOLD TOWN BOARD 0
~Filed By: f.,
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Dffke Notes:
Fe.: $
r . For Office Use Only
lSLh IJ-~.J.;. Date Assigned/Assignment No.
RECEnreo
APPEALS ..
MA
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ZONING BOARD OF PPEAlS
Parcel Location: House No.;V~Street /~rk 4t/~ #4 L Hamlet ~.... ~ I b
SCTM 1000 Section"':;? B1ock-LLot(s) :Z.A.. Lot Size Ilkn T Zone District R -40
Mailing "<- /5' d / A-
Address: --' rnr Ie.. // V!-
Telephone: (t, ;, /) 7 t ;;- t zj t
I (WE) APPEAL THE Wij.ITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: //.//7!./tJ S-
APPlicant/owner(s):-f2t,~" 1- ~/;--v' ~ )\N~.h j;
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NOTE: If applicant is not the owner, slale if applicant is owner's attorney, agent, arr:hitect, builder, contract ycndee, etc.
Anthorized Representative:
Address:
Telephone:
Please specify who you wish correspondence to be mailed to, from the ahove listed names:
)2f\ApplicantJOwner(s) 0 Authorized Representative 0 Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED // P'/~S-
FOR:
.
'!( Buiiding Permit
o Certificate of Occnpancy D Pre-Certificate of Occupancy
o Change of Use
o Permit for As-Built Construction
o
Other:
ProvIsion of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning OrdinaR-ce by nnmbers. Do not quote the code.
Article~ n Section 100- ~ Suhsection
Type of Appeal. An Appeal is made for:
!)(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.
D Interpretation of the Town Code, Article Section
D Reversal or Other
A prior appeal D has)(has not been made with respect to this property UNDER Appeal
No,__Year
J
.
.
Page 2 of 3 . Appeal Appllcatfon
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 propertfes, If granted, because: /V" C /T4"'?' 7C €'.>C/s:;:;V7
S,(-v.c/lA.]2,. t:Jt~ 'j-i.t""J t:L C otJ/Vf.e-;;"", of "AI?,.,..."../ S,rr.-tc:....7\.-(1!..L./7d
311,r~t. . NO c^'-f.'V,~ ~,-.J ~I~f. HE,.,,...T IJF ~/P.r- S7,.....c,lw.Jt.~ VE. M41A/. 4rGAr>f-qL:)
(2) The benefit sought by the applicant CANNOT be achieved by some method f6aslble for lhe
applicant to pursue, other than an area v~rlance, because:, G,p-~ ~ t's /,/''' ~)O s:;;.:v.;
A..Jt:> ~'" Cd"'\f"~"IC.'- ""~ ~,,~~. M+.'V ~r'<~"Lj.,. ~;sJ/"',\ /!WI>.;.J . /
Qp""r.{'<tNC~ ......rtlt C"l).{,.. I"IER.L CrJ'V1J"GD...; IS 4LLM~;S S",,,,,,--;f;-
(3) The amount of relief requested Is not substanllal because: 7' ~
/'"UL C"''''NE<=''<HOJ o~/H"'1 'Ii. )/J.J'~~. 4// ~"'~ "'::;00/"-5 V~;.I&~';S of
l/d1H u..VC.(iWlof)> \
(4) The variance will NOrhave an adverse effect or Impact on the physical or environmental
conditions In the nelghborh~ or district because: "l-LL LY-~':.-~? rcp",c04/'f ~~:;,
1""''''''< r """I> c"....s,'~/Ar,. ~"- C"''''IV''<'T~".I o,c A<:o.q;{:. fo ~ S77'/-Jr:;).., (;,y;
(5) Has the variance been self-created? ( ) Yes, or (l() No. If not, Is the c6nstru':ttfon
existing, as bunt? ( ) Yes, or CX> No.
( ) Check this box and complete PART B, Questions OR next page to apply USE VARIANCE
STANDARDS. (Please consult your altomey.) erwls Ie se to the sl ature a d
notary area below.
~.Af1I to before me this
I'/, rc9~y ot!!L..~~
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(Notary Public) !
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Slg f Appellant or Authorized Agent
(Agent must submit Authorization from Owner)
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PROJECT DESCRIPTION
(Please include with Z.O.A. Application)
App"-" t"'~,( ~;: ~.J s:'t'OO. i ,
Owners: ~1::{ _1-.. CAr ~ S'-'i"n/' ( (S:~~
I, If bniltlinl! is existiru! and alterations/additions/renovations are {lrODOsed:
A. Please give the di~s!ons and.overall sq1Jllfe footage; of ~~ bevond existiru! buildinll::
Dimensionslsize:*O )( rQ + uJ. X ~ J == .;.. SQ, ~
Square footage: . . ';;;U;c;. oS <ll F=r-
B. ""'" "" .. _ .... ""'" ""- of~ """"'" """"'"'" _ whioo do"",
extend bevond the existinll: buildim!: AI A_
Dimensions/size: rr
Square footage: fV
If a sign is proposed, please:
A. Give dimensions of existing sign with photograph or sketch with details.
B. Give dimensions of new sign.
C. Is the new sign replacing an existing sign? Yes _ No _' If so, please explain:
. I
II. If land is vacant:
N. Please give dimensions and overall square footage of new construction:
^--- Dimension/size:
n Square footage:
Height:
III, Purpose and use of new construction requested in this application: I!~S,t:> Z-,v~ /A.f4-G€
. I't~ ;],.12 ';=;--'1 r C u I'N.eMot; -VL ~ '" P /IN /J-'/"I/J<' /;I~ C; 1r"J"S.. ?;;
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IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty
in m. eetin!!.!b-e code requirement(s): /'" ,/ ./_
~.. ;:s...-~~ I;;'~'f, 'J /~SS ~ =
r---r F,..,m. B.:,=_~1!:' .'
V. Please submit seven (7) photos/sets after staking comers of the proposed new construction.
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1000 - SG- Y -:2. ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET ''2, / VILLAGE DIST. SUB.
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TOWN OF SOumOLD ......
BUILDING DEPARTMEn..
TOWN HALL
SOumOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.netlSouthold!
B~G PERMIT APPLICATION CHECKLl
~ you have or need the following, before applyiJ
Board of Health
-- 4 sets of Building Plans
Planning Board approval
.- Survey
/60'" Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
PERMIT NO.
EXlImined
Approved
Disapproved ale
,20_
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Expiration
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APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
Date '1-.30
,20o-s-
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 ofIot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The worlc 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
sha1l b.e kept on the premises available for inspection throughout the work.
. e. No building sha1l be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issu. 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 atpendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBy MADE to the Building Pepartment for the issuance of a Building Permit pursuant to the
BuiIdingZone Ordinance of the Town of Southold, S1IffoIk 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, orrlim",ces, building code, housing code, and regulations, and to admit
authorized inspe<:tors on premises and in building for necessary inspections.
en... ~ 11. JL'9'-t. .
( lure of applicant or name, if a corporation)
.:3kr"aef' /J,;p <CuU,D~rIc lUll 11'171
('flS~lfOl9") (Mailingaddressofapp cant)
State whether applicant ~~ lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
NameofownerofPremisesQ~rh A ~ (lnm'~" a ~/NDl>o II"
(As on th tax roll or latest deM)
If applicant is a coIpOratiou, signature of duly authorized officer
(Name and title of coIpOrate officer)
I
. . ..
2. State existing use and occutCY of premises and intensIed use and occupailcy of proposed construction:
a. Existing use and occupancy 1'.nnJ. f2arY\,/" '
~ "J
b. Intended use and OCcupancy no (l.h/1n1~
3. Nature ofworl<: (check which applicable): New Building
Repair Removal Demolition
Addition ."
Other Work
Alteration
(Description) .
4. Estimated Cost '15,Gbo"
Fee
(To be paid onfiIing this application)
5. If dwelling, nwnber of dwelling units 1 Nwnber of dwelling units Qn each floor ..
If garage. number of cars a.. (.~~..~)
6. Ifbusiness, commercial or mixed occupancy, specify nature' and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height ;) (p Number of Stories :J....
Rear
Depth
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stones
, {f"
8. 'Dimensions of entire new construction: Front
Height Number of Stories
Rear
Depth
9. Size ofIot: Front
.
Rear
Depth
10. Date of Purchase
Name of Former Owner
11. Zone or use district in which premises are situated r.-.",,J .",~
12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO .,/
13. Will lot be re-graded? YES_ NO -L Will excess fiI1 be removed from premises? YES_NO_
14 ~=S~:;;<lrlo,iI'~":.~~E:"'f;~~~"
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 of a tidal wetland? '" YES NO_
'" IF YES, D.E.C. PERMITs MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundatio.n plan and distances to property lines.
17. Ifelevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF~folK...)
G {lv, I~ G SIn DPo /,' being duly sworn, deposes and says that (s)he is the applicant
(Name of" dividual signing contract) above named,
:S)He is the