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Home My WebLink About5279 .. APPEALS BOARD MEMBERS . . Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Horning Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS _ TOWN OF SOUTHOLD RECEIVED ,./</- FINDINGS, DELIBERATIONS AND DETERMINATION ?'. ',s-o 11m MEETING OF APRIL 3, 2003 (~~.A {j ~. Appl. No. 5279 - Theodore Martz. Contract Vendee (Owner: Veronica Dlilifino) Property Location: 55 Seventh Street, Laurel; Parcel 1000-126-1-18. Soulhold Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 7,500 sq. ft. parcel is vacant and has a frontage of 50 feet along the west side of Bray Avenue and 150 feet along the south side of Seventh Street. The property is also shown as Lot 28 on the Map of George Tuthill, Section One. BASIS OF APPLICATION: Building Department's October 18, 2002 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit to construct a new dwelling for the reason that the lot coverage for building area will exceed the code's 20% of the lot area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board tinds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a new dwelling with attached garage as shown on the September 16, 2002 survey map prepared by Kenneth M. Woychuk, L.S. Also proposed as sketched on a copy of the survey map by the applicant are a front stoop and rear stoop, each less than 5' x 6' in size. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief as set forth below will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The code requirement is 35 feet for each the front and rear yard for a total of 70 (combined), and the lot has a frontage of only 50 feet along the town street (Bray Avenue). Page 2 - April 3, 2003 Appl. No. 5279 - Theodore MartzlVeronica Delfino 1216-1-18 at Mattituck . . 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The relief requested is substantial. The grant of alternative relief is similar in size, style and location of residences existing in the area. 4. The difficulty is not self-created. 5. No evidence has been submitted to suggest that the grant of alternative relief for a proposed dwelling with attached garage will have an adverse impact on physical or environmental conditions in the neighborhood. The new construction and final grading will be designed to provide for containment of any storm water runoff on site. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling with attached garage, 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 Chairwoman Tortora, seconded by Member Orlando, and duly carried, to DENY the relief reauested for 21.3% lot coverage, and GRANT Alternative Relief allowina a total lot coveraae of 20.8%. and with the followina CONDITIONS: a) Setbacks for the 40' x 25' dwelling shall not be closer than 12.5 feet from the front (north) property line and 12.5 feet from the rear (south) property line; b) Setbacks for the 24' x 23' attached garage shall not be closer than 14.5 feet from the front property line and 12.5 feet from the rear (south) property line, and at a maximum height of 28 feet to the top of the ridge; c) The height of the dwelling and garage shall not exceed 28 ft. to the top of the ridge. 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 . Page 3 - April 3, 2003 Appl. No. 5279 - Theodore MartzlVeronica Delfino 1216-1-18 at Mattituck . . features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Horning of Fishers Island.) This Resolution was duly adopted (4-0). . . OFFICE OF . ZONING BOARD OF APPEALS 53095 Main Road . Southold, NY 11971 Email addresses: Linda.Kowalski(ajTown.Southold.nv.us or Paula.Quintieri(ajTown.Southold.nv.us Jessica.Bol!er(ajTown.Southold.nv.us (631) 765-1809 http://southoldtown.northfork.n et fax (631) 765-1823 (alt. 9064) rc. \l ~ 1 g- ~f9SI COVER SHEET FOR TRANSMITTAL ATTN: ~ lr;lfi.l/Jd) DATE: 0/ I j /2003 REF: '7n ()),-1 if :'-d. 7/ MESSAGE: .3 - DtLrR ~J:"UYLJ h:, /J-n-~ U () t~ d~) :h .I3.JJ lPxl~~- ,,;U~...uL~FY ~ Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. ~ ;t~ 1< Pages to follow: ---2!!.... 4I'ANSMISSION VERIFICATION REPORT TIME 05/13/2003 12:05 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 05/13 12:03 8788951 00:02:19 04 OK STANDARD .......... DWELLING W'7PUBLlC WATER "-.. -,,- " '" '" \ \ \ \ ~ 'I ........ S.C. T.lA. NO. DISTRICT: 1000 /"'"' SEC~ '26 /' BLOCK: I LOT(S): 18 / / I I 1 1 l @ DWELLING W jWELL 100' WEll @ VACANT / I / / I 09-06-02 BY: IIcllONAlD G(OSC!ENc( I I \ \ \ \ \ \ \ __ SEVENTH (25') . . cl.-2t.Q 15' DIRT ROAD O~Ii''''CAo --.;:: W11?:s NO WAlER 17' CL 30.1 N69013'10"E Q EL 30.3 LOT 27 ~ o o o 10 DWELLING WjPUBLlC WATER lOa' \'U<S s \~ C ~l:.\..~\t~.J>' ~~~\s GARAGE GF(32.5) 0\- fL(32.D) -T EL 32.2 ~ I r:: 29 yo- STREET Cl 28.2 \ Cl 27.2 CL 25.9 El 26.6 W.lA. ~ OU. . EL 29.6 oj:Ii; ~ ) g f EL 30. / E~2.b) ~Ok ~ -- l 40.0' PROPOSED 2 STY. FRM DWELLING W/CElLAR FFl(34.5) o ui C"I tJ 4' wll?EFENCE x--ZJ'N (TO BE REMOVED) z., EL 29.~ 01 o . o El 28.8 0 ~ 869013'10"W AREA: 7.50~SQ.FT. OR 0.17 ACRES ASSUMED eLEVATION DATUM: ____~______ UNAIJTHORJZro /oL1FRAlION OR ADO/1/ON TO THIS SlIRIE:Y IS A \OO!.A1/ON OF SCClION 7209 OF 1/fC NEW YORK STA7F CDI1CA1/ON LAII( COPfCS OF THIS SlJRIE:Y IIAP NOT ~ 1/fC LAND SlIRIt"l'tW'S DI8OSSEO SC/oL SHAU. NOT BE CONSIOCREO TO BE A VALlO T1WE: C(lOY. GVARAN1F:f:S 1NlJICATCJ) HCRt:ON SHALL RUN ONLY TO 1/fC PCRSON FOR IIHOII 1/fC SlIRIE:Y IS PRCPAREO AND ON HIS BEHALF TO 1/fC 1I7lE COMPANY, GOIE:I/NII[NTAL ACENCY AND LENOING INSlITlJ1/ON USTCJ) HCRt:ON, AND TO 1/fC ASSIGNffS OF THE LCNOING INSlITlJlION, GVARAN1F:f:S ARC NOT TRANSFCRABLC. 1/fC OFtSCTS OR DIlICNSIONS SHOIJtN HCRCON FROM 1/fC PROPERTY LINES TO THE STRIICTlJRf:S ARC FOR A SPCCIF/C PlIRPOSC ANO IJSC 1HCRCFORC 1/fCY ARt: NOT 1N7FNOCD TO IIONWCNT 1/fC PROPCRTY LINES OR TO GVIOC 1/fC CRCC1/ON OF FCNCCS. ADO/1/ONAL STRIlCT/JRCS OR AND 07HCR WPROVEllCNTS. EASCIIENTS AND/tIR SUBSlJRFACC STRIIMlJRCS Rt:COROCO OR IJNRCCOROCO ARt: NOT GVARANTrrO IINlESS PHYSK:AL/.Y ClAOCNT ON 1/fC PRClI/SCS AT 1/fC lIME OF SlJRIE:Y SUR\lEY OF: LOT 28 CERTIFIED TO: THEODORE MARTZ; MAP OF: GEORGE T. TUTHIll SEC. 1 ALED: JAN. IS, 1929 SITUATED AT: MATT/TUCK TOWN OF: SOUTHOlD SUFFOLK COUNTY, NEW YORK PJ1.t/< ALE' 22-138 SCALE: 1"=20' DATE: SEPT. 16, 2002 N. Y. 5. UC NO. 50227 KENNETH Il. lfOYCHUK L.S. Land Sune71nc and Deaf&n P.O. Box 3, l(alUlnck. New York, 11852 PROIIK IIISI) _-11IIlI FAX (IISI) _-11IIlI ....a....... 11M ,..... ., lellwL I. R.....-v .00' DWELLiNG W/PUBjIC WATER ;0' r-- / DWELLING W /WELL / IN FRONT YARD 50' DWELLING WjPUBLlC WATER 50' Cl 25.14 DWELLING W /WELL o w ~~ :::>~ CL 25.42 ~~ :;>f? ~I ""I- - :z .If) W .::!; -t~W p> ~ ~I- ~-J :? Cl. Cl 25.51 a:t~ I ~ DWELLING W jWELl . DWELLING W jWELL .... u I~ a: .~ .~ I'" ~ I:S .. t1 ~ :!::J1};: THE WA IER SUPPL Y. ilEUS AND CESSPOOL LOCA TlONS SHDIlN ARE FROM FIELD OBSERVA TlONS AND OR DA TA OBTAINED FROM OTHERS. . . . . FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: October 18. 2002 TO: Carl Delfino 55 Seventh Street Laurel, NY 11948 Please take notice that your application dated October 15. 2002 For permit to construct a new single familv dwelling at Location of property: 55 Seventh Street. Laurel. NY County Tax Map No. 1000 - Section 126 Blockl.. LotlS. Is returned herewith and disapproved on the following grounds: The proposed construction. on lot +/- 7.500 square feet. is not permitted pursuant to Article XXN Section 100-244B. which states that parcels. measuring less than 20.000 square feet in size. require a front vard setback of35 feet and a maximum lot coverage of20 percent. Plans note a proposed front ard setback of +/- 12.5 feet and a maximum lot covera e - 21 ercem:---. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Departmeut. Cc: ZBA, File - 2 TOWN OF SOUTHOLD - BUlJ"DING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.net/Southoldl .. ~ . .. BUILDIN~ APPLICATION CHECKLIST D_ve or need the following, before applying? Board of Health 3 sets ofBuilding Plans PJanning Board approval Survey Check Septic Fonn N.Y.S.D.E.C. Trustees contact:mtiERINE MESIANO, INC. --.1lMll.L POND LANE P~!l' .. PERMIT NO. '. Examined Approved Disapproved ale ~ /. 20~~ O 'I.rL&,-~ n ~;! r:: In.n . ~I ~.,~.h~lnl n' : l, ! ~ I ri ! ; nrl- 1 6 200e Ii';! ,. :.., ,.J'., ;'!.I ,I !fit, ;'-~' 20 I '~~".;' ..........."...-..."..'(J(...: , -+::::_.., i:' -.<,', , ";",' < ,,: Buildiiig Inspector Expiration 97'?-'iJ95/ 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 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c, The work covered by this application may not be connnenced before issuance of Building Permit. d. Upon approval of this application, the Building>- hlsjlector 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 connnenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of 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/? ___ . J1/J. ~~6""1_ -ll{u.l.JI~ (Signature of applicant or name, if a cOlporation) 101. fJI.dL jJ~ 1... f: /Jt.,u<.~Jt. (Mailing address of applicant) /19'/ ~ . State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Hjem:l Name of owner of premises \j Ut".)V\;t"L.L -oe\ ~V\Il (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) DEG -, r '- Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. (55 1#1 5tYA) IJ1B f1jjy~ Hamlet I. Location of land on which !lroposed work will be done: _ I:!l.L A- Y !1-yt- House Number Street County Tax Map No. 1000 Section Subdivision J .:L6 Block I Filed Map No. Lot If Lot (Name) .. ,.~ .. . 2. State existing use and occupancY"O'Priremises and i~tend'tld us~and occupancy of proposed construction: a. Existing use and occupancy 1111 (. . b. Intended use and occupancy ;S t= IL 3. Nature of work (check which applicable): New Building '/.. Repair Removal Demolition Addition Other Work Alteration (Description) 4. Estimated Cost 5. If dwelling, number of dwelling units J If garage, number of cars . 2. Fee (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. bimensions of entire new construction: Front ~ 5 Rear c;;t 5 Depth /, t.f Height . Number of Stories 9. Size oflot: Front 50 Rear ,50 Depth 1St> 10. Date of Purchase Name of Former Owner II. Zone or use district in which premises are situated I< . "640 12. Does proposed construction violate any zoning law, ordinance or regulation? YES L NO_ 13. Will lot be re-graded? YES_NO L Will excess fill be removed from premises? YES_NO_ Phone No. Phone No Phone No. Address Address Address 14. Names of Owner ofprernises Name of Architect Name of Contractor 15 a. Is this property within 100 feet ofa tidal wetland or a freshwater wetland? *YES_NO X- * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES_NO---A- * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. . 17. If eleyation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) ss: being duly sworn, deposes and says that (s)he is the applicant (N e of individual ~g contract) above ruinied,' . (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. ~~=,~ JOYCE M. WILKINS Note" Public. S- of NewYori; No. 4952246. Suffolk County Term expires June 12. ;;"0 0-3 APPEALS BOARD MEMBERS . . Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing ...... " Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (63i)' 765-9064' .". Telephone (631) 765-1809 bttp://soutboldtown.nortbfork.net BOARD OFAPrEALS TOWN OF SOUTHOLD May 14, 2003 Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 Re: Appl. NO.5279 - Martz Dear Cathy: Enclosed please find a copy of the Board's determination regarding the above-noted application. Please be sure to follow-up with the Building Department for the next step in the zoning review and application process. Before commencing construction activities, a building permit and possibly other agency approvals are necessary. An extra COPy of this determination should be made available (if requested) at the Building Department when submitting final drawings and any other required documentation. This will assist their office during final reviews. Thank you. Very truly yours, Linda Kowalski Enclosure Extra Copy delivered to: Building Department , . Theodore C. Martz, Jr. " Building Contractor 145 Ryerson Avenue Manorville. NY 11949 (631) 878-8443 December 2, 2002 via: Fax Message to: (631)-878-8951 Cathy Mesiano RE: Southold Town ZBA Application- DelFino I made the appropriate number of copies and submiited the package to the ZBA this morning. They advised me that the fee is incorrect, it should be $550.00 instead of $600.00 ( they will refund the difference). They also advised we will need a siftgle and separate search and I have ordered same today. For the hearing they will need the calculation as to how the lot coverage was determined which is as foUows: Total lot,area is 7,500 sq. ft. House 40 'XZ5' = Garage 24'x25' = 1,000 sq. ft. 600 sq. ft. Total sq. ft. 1,600 sq. ft. 1,600 sq. ft. divided by 7,500 sq. ft. = 21.3% coverage. Thanks, ,.';~ ... ...~' ,/ / // .'// 'heOdore C. Martz, Jr.. Building Contractor 145 Ryerson Avenue Manorville, NY 11949 (631) 878-8443 February 20, 2003 FEB2 I Town of Southold Board of Zoning Appeals 53095 Main Road Southold, New York 11971 RE: Martz # 5279 To the most practical extent I am enclosing the additional information that you have requested on February 11th (see attached). Please note the attached request to the surveyor to indicate the protrusion of the stoop and steps and please further note that I have attached a map showing those protrusions and the dimensions thereof including the distance to the property lines. The plans as attached are a modification of a previously built home in Mattituck that my customer, the eventual purchaser of the land and home has chosen with the modifications indicated, which is basically the addition of an attached two car garage at the right elevation. The one item not indicated is that the plan will be built reversed so as to provide the bedroom area at the left elevation, thereby allowing access from the garage to the kitchen area. My customer is reluctant to proceed with further work on a formal set of building plans from the architect until such time as the Board has rendered a decision with regard to the variances requested. Please contact me or Cathy Mesiano should further information be required or if any questions should need to be addressed. Cc: Cathy Mesiano ( enclosures) Q~f~1f~~~~ ~L.ql bdJ./bO~~bltj. ---- LUNINGAPPEALSBOARD : PAGE 01 ~t, Ot=FICE OF . BOARD OF APPEALS Southold Town H." UO,~ M.ln Road Southold, NY 11e71 781.1809 t.I.... 785-8084 ZBA f.x, ~"U.Ub.,l.J.J."'UJ.;'U.AAUU UU.l..t.~J.1J..UUJ. I J..lJ .I;-lAA.UUIJ. t. t,lJ,Jl .. .. ,1..<<, . -, Fit l.ed. i 71 ~5" If''f5 REPL. Y FORM D.te<l:~ TO: u.r ~ E.Z()J [ (V1t'S, I {flU 0 ;2 ~ : ~ <:# 5;;J7q ( ~our application Is Incomplete for tile reasons noted below. (. ) It Is reQuested that the following be forwarded as soon as possible (within about 7 days, if feeaible), The advertising deadline Is 22 dllYS before the meeting date and the Information Is necessary for review and advertising purposes. Y w II h. .._. J Ihlli.r~. ..._tlsR lIy fill It 7ii 91181, h....T'.rF. phoue send the orillln:~l mill!. Thank you. ( ) The app..J was not flied within 60 days of the decision of the Building Inspector. (1' Mlsslnlillnform.tlon. ple.s. I" mlsllnlllnform.tlon cheooked below. Pilla.. submit all the dooumentatlon.tollether with Inform.tlon noted below. If you have .ny qll8atlonl, plea.. ca. U8 at 7811.181l8. Thank you. Information ntau..ted: ( ) Notice of Olupprovallssued by tha Building Inapeetor. aftar hl~her review of this partiCUlar proJect m.p. . ( ) Check payablll to the Town of SouthoJd totaUnll . ( ) Slgnlture and notary public Inform.tlon Ire IlIldR. ( ) An oltglnlllnd Ilx prlntl of the map _re not Included. (Preparer'1 n.ml Ind da. of preparation to be shown.) . ( I Sdlaoks must bl Ihewn for thl. IUbjlct building to III property 11",,1, with preparer's nlme. , /" OR IG-lAJAc.. II" (rj. Six (ll) seta of . ilia ..V shcwlnll the doo"" number of Itort.., and Iverage helllht Ifromnltu...lllrade). PLI'tAJ lSHiJu.;llJj e-Ievuit>A)S .4AlA ""'~~~/~n , . -r,e..T"-'J.S. ( ) Ownill'lhip Slllrch back to April 23, 1987 for the IUbJRt parcel and III Idjolnlng plrcell, oertlfte<l by I tltlllnlurance company, Ind Inlurlng m. Town for $25,000., ( ) Copla of III CUlftl1t deeda and tax blNl of the paraell blok to_, C,(Qther: oQrG-rJJPr<- t (.., ~()Q.IJf...Y.s .J.AL1J11 o...u . sf~fS PNJ) ~OOP5 ~~ eT1l1!or" V>'Y' kt.4d'~N DflIJH\eL- eJ-S" ~ ,.41 -ft,D'7IfJ-"'(:> iF I'/'D ",,,see, (oe 1..e:#4te, a.ssu..e;"1 Nb "~H- cJ..",,,t6 1IoIte. t.u . - . P~PoJ'~d ) . ("-nt~~~~) ~'fat, 1~~,lll/~,~~ , '( I / , ~ I. v' ~J.:41 b~l '90~~b4 LUNlNGAf'PEALSEOARD : PAGE 02 v .SOVTHOLD TOWN BOARD OF APP'Ut.'L' Pboae: 631-7""1111P Fu: QMBU23 (or lit. Fu llG6t) lNSTRUCTlO~ J'OR VARIANCE APPLI~TION8 PIeue .ubmIt __ (7) eollated.1Ca aftlae foDowlDr. by I11III or hllld deIlftrr. 1. NOTICE or DISAPPROVAL frOlll tile BlIIIdIIq JIIIptdor daIId ~ die Jut 60 day.. to"" with copla or penait eppIIcaUoal1t. Q1fJl't JWOJId /$ _did wllkll dIiuIgfJ ft, wrk".u NIkf....tt wlII N --u:r for you to obtain I _ or mended eII'lpproval bued 011 tile DeW or _mded ploD. (BuUdla.DeIII11meDt 765-1802). 2. ~I~ TiON typed or "Illy writtea, alpcd b)' tile property oWller IOd aotubed. wltlllafonnldw colD)llctecl OR the oUodlecI fol'lllo .. If applielll! I. 1101111 owoer, pleue fuml.h written c_t for you to Iian IIId .ubmit t1a1l .ppUcadOll. b. ",...IM prepared to add... tbe IlIIIdudl of To_ L_ applicable to )'Olll' typI of applicadoa. (Altadled 11'8 "..... vari_ ItIIldardl" or . _ vllilllce ItllldardI for RfereIlce.) 3. If )'0111' project" olber tIwI I.back or lot be vlliMlQ, p..... complete die utached mort ENVqlONMENTAL ASSESSMENT IORM. ~ Z.B.A. OllKSTlONNAJRL to be CII-...... ..d --- 5. S.....h oIBUlLDlNG OR 1IL00R PLAM wkh beIPt of... Iltrudllre, Ioclldon of erRrIIICe doorl. lie. (nnr coulructi.. projectl). Ci. On""'" SURVEY Ibowl... IIll111lacb of alldnallld propoled Itrucbnv, pMlOl, drIVCW171, wetland _, lquare roota.. llIId d\meaIiODl of lot, dinlellllolll 0' new coallructi.... fences, tmW, overhup. chba..,l, MCo (If your project Involves totoIlol cover... at naore IhIa 20% of !be ..... of the lot, pie... proWlo lot ... llIId llIe of all bulld1a,Ireu.) 7. For NEW .._......Inouo n1a-ll'LAG 01lll1de conen fet ...... bupediOIll II _rIy 0 p..llble. (-Photovllpbl 0' Baaed COllltructioa _ to N IObmltted for the he..... - or before if polllb...) IIwet1l11d1 an nearby, pleue &ive diltlllle. between new propolCd collltructlon ud narest' wetlud arol. s. rllIlIIl fee CHECK (n(lll.refuadob\e) p.yoble to "SOUTHOLD TOWN CLERK." (Lilt of feel il eIIcloled. Request. for refuudo IllaJ be made prior to the advertiMCI dote.) After the Board lIu ..mewed the .pplleaUoo .ad caludared ~oar appUcatloa for a publk beariDC. we will eonllrmlhe date, pllce .nd time of tbe lIearllllt Ind pronde . letter for JOIIr UIe reprdlJla notice steps 10 R1l'l'011ftdlnc O1I'ne,e. . If/l~'/ PlelflM: note: 'urther changel, afler ,ubmittinll the abo,'e Information, mu!t be placed In wrltinll to the Boord.f All".'" clarify!..th_ chOl'Ne.. Change. m.y al.. require a new Notice of Dj,.pI'ro..1 to add".. the .IIanae.. If ,uu are not Mlr., plelle cenlatl th. Appeala Office stiff at 765-1809, or pi.... chtck dirutly wllh Bulldlo~ D.partment (76S-1802), Thank you. ZBA ORIGINAL rorlll$ must ~ illcluded wilh a cover letler mdicalina tbe name, telephone number, and address oflh. contatt person for our deparlment correspondence and follow- lip): 'To AppUcanb: Senlc. of . copy ~r thb ,ppcII .pplication upon the BuUdlni Department I, necestary under New York Hwn Law. Pleat. Include a statement with your cover letter ind!cllinl wb"" a COpy of tbe appeal a,'pllc;li~n I" as nlalled or delivered 10 Ihe Building Department. Thank YOll, F./'fecllve' S.,'t.m~cl' .""1 . . THEOOORE C. MARTZ JR. BUILDING CONTRACfOR 14S RYUISON AVENVE MANORVILU. NEW YORK 11,..' TUEll'AX-(631).l1'7N443 CELLULAR- (516)-343-7143 PAGER-(63t)-373-6171 D~TE: February 19, 2003 Via: FAX MESSAGE TO: (631)-298-1588 Kenneth M. woychuk, L.S. Ken ATT: REI Your survey 22-138 ( attached ) SCTM# 1000-126-01-18 55 7th st., Laurel, NY NO. 0' PAGIES: (2) 'TIle Town of Southo1d Zoning Board has requested that the survey as described above be aJIIllended to indicate the protrusion of any stoops and steps. Please ammend as shown: Front stoop to be concrete 5'xll' overall including (1) step. Rear steps to be CCA 5' x2' overall. Please send aJIIllended copies as soon as possible. Thanks , VACANT LOT 27 ING WATER \'\)(;:) s \~ -C -.,,It.\..;~O'' \'""\S ) __ SEVENTH (25') c~ IS' DIRT ROAD OVCRH. ~'NJRcS N69013'10"E 0 o~ o..~ 0_ Q:Q: 0..0 U.P. CL 30.1 EL 30.3 ~ Q Q . Q 10 LOT 28 -0 EL 32.0 EL 32.2 @ EL( 32.0) 10' S.T. MIN 24.0' GARAGE GF(.32.5) 19'N * !L(32.0) * DWELLING W /WELl 100' '\ \ \ \ \ STREET Cl 28.2 -- EL 30.8 Ii) C\j ~ 40.0' PROPOSED 2 S1Y. FRM DWELLING W/CElLAR FFl(.34.5) 4' W~[ FENCE ~ --L! 'N (TO BE REMOVEO M q El 29.9 Ii) c...; ~ I r:: 29 cLEVA1ION aATUlI: __~~~MED________ S69013'10"W \ CL 27.2 EL(32.b) -- ;; o to <'l WEll @ CL 25.9 EL 26.6 W.M. C/) I\) QU. . EL 29.6 ojio; <J:l ol' Q t:J 40.0' !PROPOSEO WATER SE~CE El~2.0) / 1 0.00' DWELL~G W/PUBjIC WATER "n' Cl ~ Q El 28.8 Q ~ I Cl 25.14 a W . ~~ ~~ Cl 25.42 ~~ >~ tt:' :--~ Ii)W '~ ~~ ~ ~1- ~~ ~a. Cl 25.. ~~ I ~ .... " . " r~__________ II II rl------------ I I I I I I I I I I I I iO () Z --l m < }> --l () z I I I I I ,j----------- . ~ ~- , .+ 'i le::381 . )> .' ~ ',..n________ ~ m m r m < )> -i I I I I I I I I I I I I ,}_nn_____ II II Lr---------- () z . . DOl II ,. .._.1 B E3 . . m '1----------- ." -\ VI \J CD m m r---------- r I I I m I I I < II I ...---------- II II )> II II II -\ l}---------- C) ill z (j) J: r-r---------- I -\ I I I I I VI I I I I I I I II II m II I I m r m I < I I I )> I I I I -\ I LJ----------- C) . . . ~-~---'_.- ~...-.__..._-- "'~ 6.... 10'-5112" ",. """" 1---- I I 1 I ~ ~.... ~ ~ . KITt'"..Hf:N .. .l2IIEI:lI:: . ~ .... (2)2"xlO'lCllIl t5J'Z'.IC.."POSTSotr"f?) ""'",. 0, ~ ~ ~ ~ ~ I ~ ~ : l! LIVING ROOM . .. . h l I7.IrxlO"tC'R (2)00<0 '.Go """" ..... ~ ......",. . ~ RFORnt?M .. . h ~ ~~~ R 1 L ~ ~ FlI'DROOM . .. . h l'2.IrxlO"tt:lft (2)00<0 T~ 10'1"" 24' 12'10",. T~ "'~ F FLOOR bI+' P LAN R S T . . . m (\ () z \J 25"" ".-+. I,.... fOl """ --------- ----- I I I I ~ I I I ~ I , OJ ~ , ~ I ~ , , I ~ ] , Ii ] .. , ~ , It I , I ] ] ;rxtl"-..-o.c..c..J. , . 2"x......O'C'lIUl. , I , =====::1 G? c;:;= ~ ~ " " ~ ~ I, " Ii . ~ I> \ I , , , ] G=:=:::~ ~ ~ ..; I , , , I ~ ~ I , , , , ~ Ii - I I , , , E:= I- ~ II ~ '" Ii t ~ ----- -------- 6'-5114" ,...,. ....2",... "'-IV'" ..... 25"" ~ r ~ -.-- ow_ '11 11- r~ () () iU \J r )> z 'heOdore C. Martz, Jr.- Building Contractor 145 Ryerson Avenue Manorville, NY 11949 (631) 878-8443 December 30, 2002 JAN-2 :If' 6-:;'? / (tf'R-/'1-t4j '03 f'1/6cd. Town of Southo1d Board of zoning Appeals Southo1d Town Hall Main Road Southo1d, New York 11971 RE: ZBA Application filed on December 2, 2002 SCTM# 1000-126-1-18 55 7th St., Mattituck, NY A variance selllrch covering the above premises is attached. --- ce: Catherine Mesiano, Inc. . . November 26, 2002 CATHERINE MESIANO. INC. 12 MILL POND LANE EAST MORICHES. NY 11940~. 631-878-8951 {jl ~\1V'V ' Zoning Board of Appeals Gerard P.Goehringer, Chairman Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Therdore Martz 55 Seventh Street, Mattituck SCTM # 1000-126-1-18 Dear Mr. Goehringer: I am the agent for the above referenced applicant. Mr. Martz is seeking relief from Article XXIV Section 100-44B of the Zoning Code. Because the subject site is a 50' comer lot, no building envelope exists if all required setbacks are maintained. Enclosed please find the original and six copies of the following: 1. Notice of Disapproval dated October 18, 2002 2. Application. 3. Owner's consent. 4. Z.BA Questionnaire. 5. Short EAF. 6. Transactional Disclosure Form. Also enclosed is Mr. Martz's check # 4106 in the amount of $600.00 for the application fee and seven original surveys. We respectfully request that this matter be scheduled for the earliest available hearing date. Should you require any additional information, please do not hesitate to contact me. V7;;:~.. iJk Catherine Mesiano, President Enclosures Theodore C. Martz, t. Building Contractor 145 Ryerson Avenue Manorville. NY 11949 (631) 878-8443 December 2, 2002 via: Fax Message to: (631)-878-8951 Cathy Mesiano RE: Southold Town ZBA Application- DelFino I made the appropriate number of copies and submiited the package to the ZM this lOOming. They advised me that the fee is incorrect, it should be $550.00 instead of $600.00 ( they will refund the difference). They also advised we will need a siftgle and separate search and I have ordered same today. For the hearing they will need the calculation as to how the lot coverage was determined which is as foHows: Total lotcarea is 7,500 sq. ft. House 40' x25' = Garage 24'x25' = 1,000 sq. ft. 600 sq. ft. Total sq. ft. 1,600 sq. ft. 1,600 sq. ft. divided by 7,500 sq. ft. = 21.3% coverage. Thanks, r_ 0 d-'t'f?.-'S{lL-\, \I . '-f 3' s --I -tV )UY~J 01 ~ ()jO ' ~ o-b.1l. '/;e" . r .' c"" ',C' /.... / ,// / . . stewart L::title insurance company . - w MARGARET T. LING 300 East 42nd Street Counsel 10th Floor New York, NY 10017 212-922-0050 212-983-1133 fax 800-433-0014 mling@stewart.com NYSE: STC VARIANCE SEARCH *************** TITLE NO.: C3924-02S Stewart Title Insurance Company hereby certifies to the Town of Brookhaven, Suffolk County, New York, that it has caused a search for conveyances only in the Office of the Clerk of the County of Suffolk against the premises herein set forth from 1954 to date and the results are as shown on the sheets hereto annexed and made a part hereof. The liability of this company under this certification is limited to the amount of fees paid. .d::~"Q SWORN TO BEFORE ME THIS l~DAY OF DECEMBER, 2002 JAMES G. HYLAND Notary Public, State of New York No. 30-4857982 Qualified in S'_IHolk County Commission Explres~, ~1?:2{~0 NOTARY PUBLIC . . TITLE NO. : C3924-02S 100.00 - 126.000 - 01.00 - 018.000 SUBJECT PREMISES JOYCE T. ARNOLD DATED: 11/16/53 TO REC'D: 1/7 /54 KATHLEEN BAYLIS TUTHILL LIBER: 3636 PAGE: 93 KATHARINE BAYLIS TUTHILL DATED: 11/8/57 TO REC'D: 10/15/59 CARL J. DEL FINO AND LIBER: 4708 VERONICA DEL FINO, HIS WIFE PAGE: 564 LAST DEED OF RECORD ~7~ Sworn ttt day to befo of DECE NOTARY PUBLIC JAMES G. H N Notary PubliC, State N York No. 30-485798 Qualified in Suffolk County Commission Expires ~ ?(~ . . TITLE NO. : C3924-02S 0100.00 - 126.00 - 01.00 - 008.000 PREMISES ADJOINING WEST JOYCE T ARNOLD DATED: 11/16/53 TO REC'D: 1/7/54 KATHLEEN BAYLIS TUTHILL LIBER: 3636 PAGE: 93 KATHLEEN BAYLIS TUTHILL DATED: 1/29/71 TO REC'D: 2/2/71 ROBERT FINORA LIBER: 6879 ANNA FINORA PAGE: 32 ROBERT FINORA DATED: 3/4/94 ANNA FINORA REC'D: 3/28/94 TO LIBER: 11670 MARY J. FINORA PAGE: 130 LAST DEED OF RECORD d:~ sborn to before me [,day of DECEMBE , NOTARY PUBLIC JAMES G HYLAND k Notary Public, State of Ne 0 No 30-4857982 Qualified In Suffolk County Commlsslon Ex-pIres A~, 11u/~ . . TIa.'LE NO. : C3924-02S 1000.00 - 126.00 - 01.00 - 017.000 PREMISES ADJOINING SOUTH GERARD P. GOEHRINGER TO GERARD P. GOEHRINGER BARBARA J. GOEHRINGER DATED: 11/16/53 REC'D: 1/7 /54 LIBER: 3636 PAGE: 93 DATED: 2/28/58 REC'D: 2/18/65 LIBER: 5702 PAGE: 576 DATED: 8/22/66 REC'D: 9/1/66 LIBER: 6024 PAGE: 371 DATED: 7/31/84 REC'D: 8/29/84 LIBER: 9630 PAGE: 503 DATED: 1/13/92 REC'D: 1/22/92 LIBER: 10405 PAGE : 308 JOYCE T. ARNOLD TO KATHLEEN BAYLIS TUTHILL KATHLEEN BAYLIS TUTHILL TO KENNETH MYERS IRENE MYERS KENNETH MYERS IRENE MYERS TO LOKEN ENTERPRISES INC. LOKEN ENTERPRISES INC. TO GERARD P. GOEHRINGER (CONTINUED) C6LCi Sworn to before me this I~day of DECEMB JAMES G HY 0 Notary Public, State7og8 eW No. 30-485 Qualified in Suffolk C CommIsSIon ExpIres A~, ~Mli; NOTARY PUBLIC . . TIoTLE NO. : C3924-02S 1000.00 - 126.00 - 01.00 - Oi7.000 (CONTINUED) - PREMISES ADJOINING SOUTH GERARD P. GOEHRINGER BARBARA J. GOEHRINGER TO CATHERINE A. KRESHON DATED: REC'D: LIBER: PAGE: 8/14/00 9/13/00 12070 243 LAST DEED OF RECORD /~ . w!~E~I~ Sworn to before me this \~ay of DECEMB JAMES G. HY Notary Public, State of N No 30A857982 Qualified in Suffolk County Commission Ex.plres ~ NOTARY PUBLIC ?l~ . . TITLE NO. : C3924-02S 1000.00 - 126.00 - 01.00 PREMISES TO THE NORTH SEVENTH STREET, LAUREL ~~~ MJliRGAR T LING, SQ. Sworn to before me this t qctay of NOTARY PUBLIC JAMES G. HYLANO P blic State of New Yo,\( Notary ~o 30_4B579B2 Qualified in Suffoik CountY commission Ex.pire~- ?'/"l#/a, . . TI'tLE NO. : C3924-02S 1000.00 - 126.00 - 01.00 PREMISES TO THE EAST BAY AVENUE, LAUREL tf:.~ L~SQ Sworn to before me this l~day of JAMES G. HvLAN Notary Public, StaBt5e7~8ie No 30-4 Qualif~ed!n S~J~~ountV CommIsSion Expires ~l " ~I~ NOTARY PUBLIC ~ ~ ~ .. --- ........ . . ............ DWELLING W)<PUBLlC WATER "- -""-- ""- "- '\ \ \ \ \ /' SECTI,9N! .126 ,/ S.C. T.lA. NO. DISTRICT: 7000 LOT(S): 18 BLOCK: . / / VACANT DWELLING W /WELL 100' @ WELL @ / / / / I I I \ \ \ \ \ \ \ DWELLING W/WELL CL 25.14 _SEVENTH . . cl...22:fI 15' DIRT ROAD OVERHEAD -;:.:;: I17RES STREET CL 28.2 (25') \ CL 27.2 NO WATER 17' CL 25.9 CL 30.1 09-06-02 BY: "'cOONAlO GEOSCIENCE a w ~~ :::>~ CL 25.42 ~~ >e ~I "f-- - Z U1W ':::i: --I~ W ~> it ~f-- ~-' ~ Q CL 25.51 ~? I ~ N69013'10"E 0.00' - 1 a EL 26.6 W..... tI) ~ OU. EL 29.6 .j::i; 0) CJ1 o - tzi EL 30.3 03: Q.~ 0_ Cl::Cl:: Q.a - o o . o \Q - EL(32.b) EL(32.0) 10' MIN LOT 27 S.T. 24.0' GARAGE GF(,32.5) 40.0 PROPOSED 2 STY. FRM DWELLING W/CELLAR FFl(,34.5) DWELLING W/WELL DWELLING W/PUBLlC WATER lOa' \<::J<::J' s \~ --.I(.\..~~(.l>- ~~~\S l' o to (',j 40.0' /PROPOSEO WATER SEmnCE EL~2.0) o EL 32.0 19'N LOT 28 + fL(32.0) + 01 o . o EL 28.8 0 4' w/'R[ FENCE x ---L1'N (TO BE REMOVED) U1 (',j / EL 32.2 EL 29.9 ~ 'f, I r:T 29 ELEVATION DATUM: __~UMED_______ S69013'10"W 1 0.00' DWELL~G W/PUBjIC WATER ;0' 7-- / DWELLING W /WELL / IN FRONT YARD 50' DWELLING W /WELL AREA: 7.50~SQ.FI'. OR 0.17 ACRES l.U u .50 l~ Q; ~ .~ I~ VI i3 UNI4UTHORIZEJ) AL TERA nON OR ADDITION TO THIS SUR~Y IS A WOt.14 nON OF seCTION 7209 OF THE NEW l'ORK STATE EDUCA nON LA w. COPIES OF THIS SUR\E'Y MAP NOT BEARING THE LAND SIJR\Fl'tW:S EIIBOSSED SEAL SHALL NOT BE GONSIOERED TO BE A VAUD TRUE COPY. GUARAN1f:ES INDlCA1f:D HEREON SHAll RUN ONL y ro THE PERSON FOR WHOM THE SURYE'Y IS PREPARED AND ON HIS BeHALF TO THE TITLE COMPANY. GOVERNMENTAL ACCNCY AND LENDING INSTITUTION USTFD HER€ON. AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTffS ARE NOT TRANSFERABLE. THE OFFSETS OR OIUENSlONS SHOWN HEREON FROItI THE PROPERrr UNES TO THE S7RUCTURES ME FOR A SPEC1f7C PURPOSe AND use THEREFORE THEY ME NOT INTENDED TO MONUMENT THE PROPERTY UNES OR TO GUIDE THE: ERECTION OF FENCES. ADDITIONAL STRUCTURES OR AND OTHER IIIPROvntENTS. EASEMENTS AND/OR SUBSURFACE STRUtmlRES RECORDEO OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSlCALL Y EVIDENT ON THE PREIllSES A T THE TIllE OF SUR\FY S1JRVEY OF: LOT 28 CERTIFIED TO: THEODORE MARTZ; WAP OF: GEORGE T. TUTHIll SEC. 1 FlLED: JAN. IS, 1929 SITUATED AT: MATT/TUCK TOWN OF: SOUTHOlD SUFFOLK COUNTY, NEW YORK DWELLING W/PUBLlC WATER 50' KENNETH II. lI'OYCHUK L,S, LaDd Surveyioc aDd DesigD .0. Box 3, lIattituck, New York, 11952 PHONB ''''') ...-,... FAX ,...,) ...-,... .....t.alo.. Ute nc..... 01 Ioberl I. H....... p#~. THE WA TER SUPPL 1'; WELLS AND CESSPOOL LOCA nONS SHOWN ARE FROM FIELD OBSERVA nONS AND OR DA TA OBTAINED FROM OTHERS. FlLE I 22-1.38 SCALE: 1"=20' DATE:SEPT. 16, 2002 N. 'f. S. uc trwO. 50227 .. . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: December 4,2002 RE: Zoning Appeal No. 5279 Transmitted herewith is Zoning Appeal No. 5279 of Theodore Martz contract vendee of Veronica Delfino for a variance. Also included is: letter of transmittal from Catherine Mesiano, dated November 26, 2002; letters of authorization; ZBA Questionnaire; Short Environmental Assessment Form; Applicant Transactional Disclosure Form; survey; Notice of Disapproval dated October 18, 2002 with building permit application and survey attached. For OIRce Use Only: ....$~ d Appl. No. OIRce Notes: C-t<tllflo" . ~e..I: (~.j{...:. fX;~J A:;' () +C DEe ~ 2 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee:S55D;. FDedBy: /fj11. ~ .., ~ J 0fIIee Not..: 37), "" FOI' Offia Use Only Dote A.s1gDed1A..fp.....t No. ,. Parcel Locallon: House NO.~Slreet S~" ~n.f'" $f.. Hamlet~ SCTM 1000 Sectlon.l1.Lmock--.!-Lot(s) ,ir Lot Slze~ Zone District R- '1-0 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: l">o(.&..ab~.. Ii I 2001- AppUcantlOwner(s):~he..od.of~ M.c..d~ I ron-h--J'.d v",~Au 9f Ve.ronlc./Lb.Jr..;, Mailing Address: \ q 5 R '1 ~~O" A 'Ie . MI'l. -^^" v" I Il.c.-JJ 'I U9.ft Telephone:j,2af-? li. i''il.l3 NOTE: H ....litut is Bat the owna', state If applk:aal is .WDCI'" attel'lle)',"'''.arcbikct. .....cr, eentnet veadee, de. Anthorlzed Representative: C o..."t.h,. ~ I ~ ~ M ~ La "0, 1 n( . Addrel8:---11..Jv\ ill P D nd lr..... E-..-M 0 R.Lu.1 JE:... . tJ" 1 L q q 0 Telephone:_1o 3 I - )( 1 l/- ~ 'i 5, Please specify who you wish correspondence to be mailed to, from the above listed names: D AppUcantlOwner(s) IlCAuthorlzed RepresentatIve D Otller: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~:-fb~:z.. ~ Building Permit D Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction D Other: Provision of the Zoning OrdInance Appealed. Indicate Article, SectIon, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. '12 ArtIcle X)( 1\' Section l00-.:;)l.I4 Subsection D Type of Appeal An Appeal is made for: III A Variance to the Zoning Code or Zoning Map. D A Variance due to lack of acceu reqnired by New York Town Law-Section 280-A. o Interpretation of the Town Code, Article Section D Reversal or Other A prior appesl D bas ~ not been made with respect to this property UNDER Appeal No. _Year . .. .. REASON FOR j.\PPEAL A Variance to the Zoning Ordinance is requested for the reason that 1. An undesirable change will NOT be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted because: THE PROPOSED DWELLING CONFORMS TO THE SIZE, STYLE AND SETBACKS OF OTHER EXISTING RESIDENCES IN THE NEIGHBORHOOD. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than the area variance because: THE SUBJECT PROPERTY IS A PRE-EXISTING NON-CONFORMING LOT. THE SIZE OF THE PROPOSED DWELLING IS CONSISTENT WITH THAT OF OTHER HOMES IN THE NEIGHBORHOOD. 3. The amount of relief requested is not substantial because: THE REQUESTED RELIEF WILL RESULT IN THE CONSTRUCTION OF A HOUSE THAT IS CONSISTENT WITH THE SIZE AND STYLE OF THOSE IN THE NEIGHBORHOOD AND THAT MAINTAINS A SETBACK SIMILAR TO NEIGHBORING HOMES. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ANY STORMWATER RUN-OFF WILL BE CONTAINED ON-SITE. NO NOXIOUS ODORS, NOISE OR LIGHT WILL BE GENERATED AS A RESULT OF THE PROPOSED ACTIVITY. 5. Has the variance been self-created? ( ) Yes (X) No. If not, is the construction existing, as built? ? ( ) Yes (X) No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. ~"I"'.- YJJ; 1"'-' ~"':. I . !?p_ Catherine Mesiano, Inc., Agent for Theodore C. Martz (contract vendee) Di.e -. i ... . Page 2 of 3 - Appeal ApplicaHon Part A: AREA VARIANCE REASONS (attach exlra sheet as needed): .s e ~ c~..'H. c...c.h -e J (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment to nearby properHes, If granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested Is not substanHal because: (4) The variance will NOT have an adverse effect or Impact on the physical or environmental condlllons In the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, Is the construcllon exlsllng, as built? ( ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meellng the code requirements: (attach extra sheet as needed) This Is the MINIMUM that Is necessary and adequate, and at the same lime preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART 8, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney. th rw Ie roceed to the sl nature and notarv area below. S-h /;. 0 I /Va- ~ fL C=<.J:;-~ (//S..., ./ SwZ.:.:to before me thls..2? /-h day of tf/.9.0.':~<f.:,;..., 2002:- c--:> '??~_ ... (Notary Public) DAVID A.~" 'fGIk NoIt'.IY Public, State of NeW..... Qualified In Suflolk C::t' ~_._!.::~,,~~1~~.3 Ignature of Appellant or Authorized Agent (Agent must submit Authorlzallon from Owner) -A. ZBA App 9/341102 . . . ~ Page 3 of 3 . Appeal Application Part 8: REASONS FOR USE VARIANCE (If reauested): For Ea and Every Permltled Use under the Zoning Regulations for the Particular District Where the proje Is Located (please consult your attorney before completing): 1. Applicant annot realize a reasonable return for each and every permitted use under the zoning regulatl s for the particular district where the property Is located, demonstrated by competent flnan I evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a sep ate sheet). 2. The alleged hardship elating to the property Is unique because: 3. The alleged hardship does ot apply to a substantial portion of the district or neighborhood because: 4. The request wDl not alter the essen I character of the neighborhood because: 5. The alleged hardship has not been self-c ated because: 6. This Is the minimum relief necessary, whDe at th ame time preserving and protecting the character of the neighborhood, and the health, sate and welfare of the community. (Please explain on a separate sheet If necessary.) 7. The spirit of the ordinance will be observed, public safety d welfare wDl be secured, and substantial justice wDl be done because: (Please explain on a se rate sheet If necessary.) ( V) Check this box and camplete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. D1ease Droceed to the slanature and notarv area below. S/'- ~ ,,": .ue....- ~~/- Co'-'-~Z ~/~u://.... ,4( SI ature of Appellant or Authorized Agent Sworn b,efpre ":Ie thls.;:z 7 (Agent must submit Authorization from Owner) d~~;..,!.~~~ . (Notary Public) ~_'fQllL ZBAApp9/JOID% oA~Stateot~ ~\IIS11~", .,tV:?> l\'6lJo ~O\ _w:;:;;;.o DEe - ;: ()ll1lI"'\lI~"""-~ .. .. November 26, 2002 .. CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 631-878-8951 OEC-:2 ? Zoning Board of Appeals Gerard P.Goehringer, Chairman Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Therdore Martz 55 Seventh Street, Mattituck SCTM # 1000-126-1-18 Dear Mr. Goehringer: /'" Lt-.....C(t"c j lei' c4c... I am the agent for the above referenced applicant. Mr. Martz is seeking relief from Article XXIV Section 100-44B of the Zoning Code. Because the subject site is a 50' corner lot, no building envelope exists if all required setbacks are maintained. Enclosed please find the original and six copies of the following: 1. Notice of Disapproval dated October 18, 2002 2. Application. 3. Owner's consent. 4. Z.B.A. Questionnaire. 5. Short EAF. 6. Transactional Disclosure Form. Also enclosed is Mr. Martz's check # 4106 in the amount of $600.00 for the application fee and seven original surveys. We respectfully request that this matter be scheduled for the earliest available hearing date. Should you require any additional information, please do not hesitate to contact me. Very truly yours, f~ iJk Catherine Mesiano, President Enclosures ~eOdore C. Martz, Jr'l" Building Contractor 145 Ryerson Avenue Manorville, NY 11949 (631) 878-8443 0EC4l2 2 November 14, 2002 Town of Southold Board of Zoning Appeals Main Road Southold, New York 11971 RE: Land of Veronica DelFino @ 55 7th St., Laurel, New York SCTM# 1000-126-01-18 As contract vendee, I hereby authorize Cathy Mesiano to act as my representative in presenting the above matter for variance requests. / Sincere Theodore .. . SELLER/OWNER: Veronica DelFino PURCHASER/APPLICANT: Theodore Martz, Jr. PREMISES: 55 7th Street, Laurel, NY Tax Map: 1000; 126; 1; 18 I, Veronica DelFino, the owner ofthellbove described property, hereby authorize Theodore Martz, Jr. to make an application to the Town of Southold for a variance on said lot. 1 ~ eronica DelFino Sworn to before me this 9 r A Notary Publi JOSEPH MONACO, JR. Notary Public. 310te of New York No. Q\!'yC1SOVi213 Quel~iad In i'~f(d\X County ~ Commission Expires Nov. 16. 2 ~ QUESTIONNAIRE FOR FILING WITH YOUR Z,B.A. APPLICATION . . A. Is the subject premises listed on the real estate marl<et for sale? DYes I:8:INo B. Are there any proposals to change or alter land contours? DYes I:8:INo C. I) Are there any areas that contain wetland grasses?NO 2) Are the wetland areas shown on the map submitted with this application?NI A 3) Is the property bulkheaded between the wetlands area and the upland building area?NI A 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? NI A D, Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/A (If slope is over 5' e\., state "nla",) E, Are there any patios, concrete baniers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? NONE (If none exist, please state "none",) F, Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. (If construction is "as built" without a permit, please state when construction was built, and relevant information: G, Do you or any co-owner also own other land close to this parcel? NO explain If yes, please where or submit copies of deeds, H. Please list present use or operations conducted at this parcel VACANT and proposed use SINGLE FAMILY DWELLING (please indicate if the same, or how it is proposed if different), ta~i 7J~~~ Authorized Signature and Date 11/21, If) z. , , ZBA Fanns_QUESTIONNAIRE.doc 1002 oe:~2 PROJECT ID NUMBER Ie STATE ENVIRONMENTAL QUALllY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 617.20 APPENDIX C . SEQR PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 2. PROJECT NAME THEODORE MARTZ 55 SEVENTH STREET 3.PROJECT LOCATION: MATTITUCK SUFFOLK Municipality Coonty 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map SIW CORNER BRAY AVENUE AND SEVENTH STREET 5. IS PROPOSED ACTION: o New o Expansion o Modification I alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCTION OF A 25' X 40' ~STY FRAME DWELLING WITH ATTACHED 24' X 25' GARAGE AND FULL BASEMENT 7. AMOUNT OF LAND AFFECTED: Initially .17 acres Ultimately .17 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? DYes ~NO If no, describe briefly: UNABLE TO MAINTAIN REQUIRED FRONT YARD SETBACK AND LOT COVERAGE 9. WHAT IS PRESENT LAND USE IN VICINllY OF PROJECT? (Choose as many as apply.) o Residential o Industrial D Commercial DAgricu,ture D Park I Forest I Open Space o Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~Yes 01'10 If yes, list agency name and pennit I approval: SCHD SOUTHOLD ZBA & BUILDING DEPT. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes ~NO If yes, list agency name and pennit I approval: 1~ A EfIULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / i) lOr N~';" CA~HER~~SIANO, INC. Date: November 26, 2002 Sionature I 7'" . "~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Fonn before proceeding with this assessment DEe -. ;:: Arl'Lt~AN'l' TRANSACTIONAL DISCLOSURB FORM . . . The Town of S~u~hold's code of ~bhics ~rohibibs conflicts at interest on the parb of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary bo avoid same. YOUR NAMB lor Last name. f rst name, you are applying in the other entity, such ~s a company. If so, indicate the other person's or company's name.) ',~..: _ ;.,~:.!.;~):t.::.:/.;t~'''':~;':.f,',;{'''i~: NATURB ot Al'l'LI~ATI0NI (Check all bhab applY.) Tax grievance Variance ~ 'f change of zone ^p.PIj~al of piat . Exe~ption from plat or official map other (If "other," name the activity.) ,j. '..,.. Do you persona11y (or through your co~pany. spouse, sibling, parent, or child) have a relationship vith any officer or employee of the Town of Southold1 "RelationShip" includes by blood, marriage, or business interesb. "Dusiness interest" ~ean8 a busineBs, including a partnership, in vhich ~he tovn officer or employee has even a partial ownership of (or employment by) a corp,orabion in vhich the town of ricer or employee owns more than 5% of the shares. NO A- YES -;:.>\'.1'. If you ansvered .YES,N, complete the balance of ~htu form and date and sign where indicated. Name of person employed by the Town of Soubhold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer 0r employee. Eibher check bhe appropriate line ~) through D) and/or. deecribe in the space provided. The town officer or employee or his or her ~POUSg, sibling, parent, or child is (check all hhat app1Y)l , h) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant' is a corporation), B) the legal or b~neficial owner of any inherest in a noncorporate'entlty (when bhe app1icanh is nob a corporation), C) an orficer, direchor, p~rhnsrl or emplbyee, at hhe applicant I or D) the ~ctual applicant. , ,. . ' -"I- ...: 'j' .;,~~ \ ,', DESCRIPTIOM 01." ItEL^TIOMSIIlP , '..'.." ,... . .<'.....'1 '", .~ ,. I.' ' .. ,'-. ,... ...;......~~..,,;.......r.'.';.J\!.;. DEC-i: sublntbted signahure ' " . " ,~. -;',: ," :,,' .... ,'" ;i:,',~' ,..;':',1 ..;~;.~::~ . 'Prinb nams"," .', '. ' ! .", ." ,".."t'ft'\;'. , ,:,,'IA'.;~;;~li~g:(~I;_,' ~';.'i' ~~~;~~.. .,Ul;,..., . . ._:~:l',,~,,: ~"';_,'.~:~-._ ..;w:.~.." ,\~'~/:~,".';f_L\\: ..~: :': ...... .. '.' ~," ',.f (to", t\. . ,....'~..,....;"..~.......;;Ji;i:, . '.\~" "~'~/~:'" , ",lr"<,l " _; ..~~~..:i,~. DWELLING WjPUBLlC WATER 100' \~<;j S \~ ~ -.It:.\..~~t:.~ ~'\~\S UNAVTHORIZCD IILTCRATION OR ADDITION TO 7HlS SlIR\E"Y IS A \fO/.ATlON OF SCCTlON 7209 OF THE NEW YGWK STAll: ElJIJCATION LAII( COPIES OF 7HlS 5lJR\E"Y IIAP NOT 8EARtNC THC LAND SlIRIOQ'l'S ClIBOSSCO SCIIL SHIILL NOT Sf: CONSIOEREO TO Sf: A VALlO 1IWC copy. GlJARAN1l:ES /NDICATCO HEReON SHIILL RVN ONLY TO THE PCRSON FOR 'M/OII THC SlJR\E"Y IS PRCPARCD AND ON HlS BEHALF TO THC TITLE COI/PANY; GO\E"RNAl/[NTAL ACCNCY AND LCNOINC INSTlTVTlON USTCO HEReON, AND TO THC ASSIGNffS OF THC I..ENOING INSTlTVTlON, GlJARAN1l:ES ARC NOT TRANSFFRABLE. THE OFf'SCTS OR OIAIENSIONS SHOWN HEReON FROII THC PROPCRTY UNCS TO THE STRVC1IJRCS ARC FOR A SPECJF1C PlJRPOSC ANO VSC 1IIERCFORC THEY ARC NOT INIl:NOEO TO lIONIJIIENT THC PI/OPERTY LINCS OR TO GIJIOC THE DlECTION OF FFNCES, ADDITIONAL STRVCTlJRCS OR AND OTHER MIPRO\E"IIf}/TS. EASCIIENTS AND/OR SlJSSVRrACE: STRVIIfIJRES ReCORDEO OR VNRCCOROCO ARC NOT GlJARANTffO IJN/LSS PHYS/CIILLY EVIDENT ON THC PRaIISCS AT THE 1IME: OF SlJR\E"Y SURVEY 01': LOT 28 CERTIFIED TO: THEODORE MARTZ; MAP Of: GEORGE T. TUTHILL SEC. 1 flLEO: JAN. 15, 1929 SlTUATEO AT: MATT/TUCK TOlWl 01': SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.lA. NO. DISTRICT: 1000 /" SECn,9N! 126 /' /' / / / / / I 09-06-02 ffY: AlcllONALD CE!lSCIENCf I I \ \ \ \ \ \ \ NO WATER 17' AREA: 7.50~SQ.FT. OR 0.17 ACRES fiLE' 22-138 SCALE: 1"=20' OATE:SEPT. 16, 2002 - . ....... BLOCK: I LOT(S): 18 "-.. DWELl!ING W/'PUBLlC WATER "- -,,- " "" '\ \ \ \ \ VACANT @ DWElliNG W/WELL 100' STREET CL 28.2 _SEVENTH . . C~ IS' DIRT ROAD O\f:RHE"AD -.;;;:: WIRes (25') \ CL 27.2 CL 30.1 EL 30.3 N69013'10"E 0 ~~ f EL 30. 1O 0_ 0:0: C'I a-o ~ 24.0' 40.0' GARAGE PROPOSED GF(32.S) 2 STY. FRM 0 DWELLING ui C'I WjCELLAR FFL(34.S) 0.0' t P~i-SEO . L~i LOT 27 . o .0 . o IC:l El(32.0) 10' MIN / E~2.b) i!=: . 19'N El 32.2 ~ I r:: 29 + !l(32.0) .. 4' iv/kEF'ENCF: x-L!'N (To 8F: RF:MOVE:O) Z-, El 29..g/ 869013'10"W .00' ASSUMF:O ELEVATION OATl/l/: ___________ DWELL.fNG WjPU!3J'C WATER JO' r-- / DWELLING W /WELL / IN FRONT YARD 50' ~I1(M DWELLING WjPUBLlC WATER 50' N. 'I'. 5. UC NO. 50227 KENNETH K. WOYCHUX L.S. Laud SUrre71DC aud Deslp P.O, Bolt 3, lIalUluck, Ne.. York, 111162 PHONI leal) III-I'" PAX leal) III-I'" ..&a'-'-.... UM ......... ., 1oNr\ I. .........,. EL 26.6 W.M. ~ QU. . F:L 29.6 oj:lo; O:l ) g .. WEll @ - y 11' SF:RVICE 01 o . o El 28.8 0 ~ CL 25.9 Cl 25.14 DWELLING W/WELL ~ tri Cl W ~~ ~~ Cl 25.42 ~~ :;>1- fd:1 ---.1- - ;Z .1OW .~ ~~ ~ ~I- ~-' ~ Q.. Cl 25.51 lXt~ I ~ DWELLING W jWELL DWELLING W /WELL . .lU 'u .~ Illl 0:: . I!! 'I! I~ !!! 1:5 c.. ~f1+f~/U/ ~Gu1I. c..dc....J~ THF: WA TE:R SUPPL Y. Kf'LLS AND CESSPOOL LaCA TlONS SHOWN ARF: FROM FIELD DBSERVA TIONS ANO OR DATA DBTAINF:D FROM OTHF:RS. ~ ~ J . OFFICE OF ... , . If ~\ \\'\1 r 1 BOARD OF APPEAL"'" Ir- \ ()-L 1-' . \(). I' \~ 'J Southold Town Hall - \ /. L o.~ \1~ ",<~ 53095 Main Roa.d oJ; ~. ~~ ? Southold, NY 11971 \f' J::~__~_~:1.~~~.t~I;___~~****_!~~;~.~~~~~!~~;uu. .,........, F4 xed ? 7; -8" l.fLf 3 REPLY FORM Dated:~ TO: U--r~v2()J( (Yl2S I !t-/Uo;2~: rnA-KrZ -=#-5d7q ( ~our application is incomplete for the reasons noted below. (. ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. Va J, r~. .._. d tI,e i1,fllll"lltiell Ily fall at 7ii- 99!; I, l.li'A'Q'J8r, please send the originalsbv mail. Thank you. -.se;rs ' (f The appeal was not flied within 60 days of the decision of the Building Inspector. ( ) Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please cail us at 765-1809. Thank you. Information reauested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this particular project map. ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) . ( ) Setbacks must be shown for the. subject building to all property lines, with preparer's name. / OP.IG--lAJAl r (/) Six (6) sets of a G118E1F\? showing the doors, number of s~ories, and average height (from naturai grade), (JUtlJ SHuwllVj eleVt1.:l-uM).S. ~"'tl R.O~~/';.e;:J~J') J:>l?-Ttt.1 J.S . ( ) Ownership Search back to April 23, 1957 foi' the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for $25,000. ( ) Copies of ail current deeds and tax bills of the parcels back to _' ((Other: O(2I&-uJfH t-~ "f.,(){LlIrVS sLA-UJ'1, O-LI, sf.ep-S{1r0 IJ .::s-fbDPS () A- () rh e.r V'Y -IrudlDtu h €1j b-II cL 02!: I " tp if, I -Jot) +I',R.J /1 r ~ iF 1/'1"0 1'0'> e 1) . {De. l..eH.eR.. assu,cin7 Nt:> (Jlj,e-r cJ,tl-?1'l<s free.. ProPDsed) . (GnI~~~~) ~ rflJU. ,. if '. II ;' ~ vi , . . . SOUmOLD TOWN BOARD OF APPEALS Phone: 631-765-1809 Fax: 631-765-1823 (or alt. Fax 9064) INSTRUCTIO~S FOR VARIANCE APPLICATIONS Please submit seven (7) collated sets of the following, by mail or hand delivery. 1. NOTICE OF DISAPPROVAL from the BuUding Ioapeetor dated witJlin the last 60 days, together with copies of permit app6cation file. q)our project is amended which changes the variance relief area, it will be neeessary for you to obtain a new or amended disapproval based on the new or amended plan. (BuDding Department 765-1802). 2. APPLICATION typed or neatly written, signed by the property owner and notarized, with information completed on the attached form. a. If applicant is not an owner, please furnish written consent for you to sign and submit this application. b. Please be prepared to address the standards of Town Law applicable. to your type of application. (Attached are "area variance standards" or use variance standards for reference.) 3. If your project is other than a setback or lot line variance, please complete the attached short ENVIRONMENTAL ASSESSMENT FORM. O Z.B.A. OUESTIONNAIRE. to be comDleted and simed. 5. Sketch of BUILDING OR FLOOR PLAN with height of new structure, location of entrance doors, etc. (new construction projects). 6. Orilrinal SURVEY showing all setbacks of existing and proposed structures, patios, driveways, wetland areas, square footage and dimensions of lot, dimensions of new construction, fences, tanks, overhangs, chimneys, etc. (If your project involves total lot coverage at more than 20% of the area of the lot, please provide lot size and size of all building areas.) 7. For NEW constructions. Dlease FLAG outside corners for on-site inspections as early as possible. ("Photographs of flagged construction areas to be submitted for the hearing - or before if possible.) If wetlands are nearby, please give distance between new proposed construction and nearest wetland grass. 8. Filina fee CHECK (non-refundable) payable to "SOUTHOLD TOWN CLERK.>> (List of fees is enclosed. Requests for refunds may be made prior to the advertised date.) After the Board has reviewed the application and calendared your application for a public hearing, we will confirm the date, place and time of the hearing, and provide a letter for your use regarding notice steps to surrounding owners. . ~...' If' /lfV I Please note: Further (.'hang{~s, aftcr suhmitting the aho\'c information, must he placed in ,"riting to the Board of Appeals clarifying the changes. Changes may also reqnire a new Notice of Disapproval to address the changes. If you are not sure, please contact the Appeals Office staff at 765-1809, 01' please check directly with Building Department (765-1802). Thank you. ZBA ORIGINAL forms must be included with a cover letter indicating the name, telephone number, and address of the contact person for our department correspondence and follow- up): To Applicants: Service of a copy of this appeal application upon the Building Department is necessary under New YOI'I< Town Law. Please inclnde a statement with your cover letter indicating when a copy of the appeal application was mailed 01' delivered to the Building Department. Thank you. Effective: Septemller 200 I . . ~ANSMISSION VERIFICATION REPO~ TIME 02/11/2003 11:49 DATE, TIME FAX NO. /NAME DURATION PAGE(S) RESULT MODE 02/11 11:47 8788443 00:01:34 02 OK STANDARD . ~RANSMISSION VERIFICATION REPORT TIME 02/11/2003 13:49 DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/11 13: 48 8788951 00:01:32 02 01< STANDARD Date: 12/03/02 Transaction(s): 'Town Of South old P.O Box 1179 Southold, NY 11971 . * * * RECEIPT * * * Receipt#: 1 Application Fees Check#:4106 Name: Martz Jr., Theodore 145 Ryerson Ave. Manorville, NY 11949 Clerk 10: L1NDAC Total Paid: 4106 Subtotal $600.00 $600.00 IntemallD: 64359 \/ L'\ j QD"J~ V~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER .' . 2. 6.fi- Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 485 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2003: RESOLVED that the Town Board ofthe Town of Southold hereby l!rants a overpayment refund of $50.00 to Mr Theodore Martz. Jr.. as he has overpaid the application fee for a variance before the Zoning Board of Appeals PRtL~Q.q,~tJ.. Elizabeth A. Neville Southold Town Clerk AUG 1 5 2003 .1 . . APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 hllp:llsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: SUBJECT: Elizabeth Neville, Town Clerk Lydia A. Tortora, ZBA Chairwoman May 27, 2003 Request for Refund - Appl. #5279 (Martz) The applicant submitted a $600 check for processing of his variance requests instead of $550. At that time the applicant preferred to have a refund returned and getting an assigned file number, rather than replacing the check. It is recommended that a refund of the $50 overpayment be forwarded to Mr. Theodore Martz, Jr. (Copies of the Town Clerk receipt and Appeal Application form are attached for reference, if needed.) Thank you. Encls. cc: Accounting Department . . Page 52 March 20, 2003 South old Town Board of Appeals Regular Meeting Public Hearing 2:06 p.m. Theodore Martz, Contract Vendee (Owner: Veronica Delfino) #5279 - Applicant requests a Variance under Section I 00-244B based on the Building Department's October 18, 2002 Notice of Disapproval. Applicant proposes a new dwelling with a lot coverage over the code's 20% limitation, at 55 Seventh Street, Laurel; Parcel 1000-126-1-18. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? CATHRINE MESIANO: My name is Cathy Mesiano and I'm here on behalf of Mr. Martz who is the contract vendee for the subject property as you know we have an application before you for relief the subject property is a comer lot located at Bray Ave. the westerly side of Bray Ave and the southerly side ooth Avenue in Mattituck. The property is a SOx ISO comer lot the zoning requires a front yard setback of35' sideyard setback of 10 and a combined of25 and a rear yard of35'. Given the dimensions of the property and the fact that it is on a comer it is impossible to adhere to the code requirements when constructing a basic minimal size house. Weare proposing to construct a 25x40 2 story frame dwelling with an attached 24x25 garage. We are requesting relief from the front yard setback requirement so as to be able to accommodate the 25' depth of the house. We are able to provide 2 12 y,' yards the 12 W front yard on 7th street and a 12 W side yard on the one interior lot line. That basically outlines the proposal - I'd be happy to answer any questions you might have. CHAIRWOMAN: Do you have the green cards? MS. MESIANO: I submitted everything I have to Linda the other day when I came in a couple of days ago. I submitted my affidavits of posting several days ago and everything I had in my possession I submitted at that time. CHAIRWOMAN: 12.5 front yard from 7'h Street and 40' from Bray. And the lot coverage is 21.3%. Let's see what happens. Is there anyone else in the audience who would like to speak for or against the application? CATHY CRESHON: I'm Cathy Creshon and I live south of the property in question and I strongly oppose the variance they've requested and when I purchased my home 2 years ago I was assured at that time by a member of the Board of Appeals that the neighboring wooded lot was a non-buildable lot due to code restrictions in place and on March 6th, I received my certified letter stating of this meeting that the new owners were requesting to not only build on this lot, but build a 2-story structure of according to my calculations 3200 sq. ft. This is almost 4 times the size of my 900 sq. ft. home. Not only does the proposed structure exceed the 20% building footprint, but it's also a full 2 stories high and I know of no other homes in the neighborhood that even come close to this size on that size lot. CHAIRWOMAN: Ms. Creshon where is your house? Page 52 of 96 . . Page 53 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. CRESHON: I'm on 770 Bray Ave. south of this property. CHAIRWOMAN: Lot 17 is it? MS. CRESHON: Yes. Since receiving the letter I spoke to the Building Department who relayed the restrictions previously mentioned of the setback of35' on each street side and I not only feel this or any structure will decrease my property value it is not in keeping with the other structures in the neighborhood and I strongly request that in a town that prides itself on open space that this building not be put through. It was my understanding that the current zoning regulations were set up to protect property owners from being overpowered from this kind of aggressive building and it's for this reason I must strongly urge the ZBA to reject this or any proposal variance to adhere to the laws set up for the current taxpayer. This lot should remain as is a non-buildable lot. CHAIRWOMAN: How long have you lived on the lot next to this lot? MS. CRESHON: 2 and a half years. CHAIRWOMAN: Most of the lots are quite narrow along there. MS. CRESHON: Just to the lot south of me the lots are double sized. CHAIRWOMAN: There are probably 100 on the north end of Bray Ave. and then 50 down to 6th street, then roughly - MEMBER HORNING: It is a tiny lot. I don't see how they could build something without having a variance and I might ask another question. When was the lot created? MS. MESIANO: The lot was created - I can check my file. I can tell you we have a single and separate search and it does meet the standards for single and separate back to the required point and time and that search has been submitted to the board and let me just check and see if I have that information. This is an old filed map filed 1929. And as I mentioned there is a single and separate search on the property so it does conform to the standard set forth in the current building code as Mr. Horning mentioned and I'd like to reiterate the lot does have constraints because it is on a comer but the lot is no different in area then Ms. Creshon's lot, it's the same size and dimension - the difference being that hers is not a comer lot. CHAIRWOMAN: What's the height on this structure? MR. MARTZ: It's a cape style house the approximate square footage is 1600 sq. ft. if the upstairs is finished in the future. Page 53 of 96 . . Page 54 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: That's 16 with the upstairs where the gable ends? MS. MESIANO: The gable ends would be facing the road and the west. To the ridge would be 28'. CHAIRWOMAN: Would you accept a height limitation of28 to the ridge, not including chimneys? The reason I'm asking is because it is a small lot, it is a narrow lot, but it does have constraints and to the degree the variance is requested is substantial and if it's going to be a 35' high house the impact to the neighbor is much larger. MS. MESIANO: We're not proposing that. CHAIRWOMAN: I think the board recognizes the limitations of the lot - on the other hand, I think we need to think about mitigating the impact of the adjoining neighbor. MS. MESIANO: That's why we are proposing a cape style, not a full 2-story house. We are doing this as minimally as possible a 25x40' house is not an excessive footprint for this structure. I don't know where Ms. Creshon derived the 3200 sq. ft. area that she spoke of because we don't propose anything near that. CHAIRWOMAN: This is 2 stories, not 2 Y, correct? MS. MESIANO: It's less, it's a cape style house which would not give you a full 2nd story if we have a 25x40 that's a 1000 sq. ft. footprint for the first floor of the house and the additional 600' comprises the 2nd story. Please note that there is an attached garage proposed. Oh we are not proposing full living space at this time. Yes 28' limitation is fine and it's 2 stories or less. MEMBER HORNING: Does the garage have the same roofline? MS. MESIANO: Yes. MEMBER HORNING: Do you propose storage above the garage? MR. MARTZ: No storage over the garage, it will be open to the peak. It will only be sheet rocked 5' out to the roof and sidewalls so the rest will be open to the ridge. MEMBER ORLANDO: Is this a spec house? MS. MESIANO: This house is being built for this young gentleman, I'd like to just present, this is Brian Hass and Mr. Hass is going to be the owner of the house after Mr. Martz constructs it for him. Mr. Martz is the contract vendee, but Mr. Hass will uItimately be the owner of the house and if you'd like him to speak, he'd be more than happy to answer any questions. Page 54 of 96 . . Page 55 March 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER ORLANDO: Not at this time. In proportion to the house, the 2-car garage seems a bit excessive, can you live with a I V, car garage? It would be approximately 20' instead of24'. MS. MESIANO: We could give up a total of about 2' off the garage, that would knock it down by 50 sq. ft., but we'd like to be able to maintain the 2 car use because we don't want to be in a position of having to put a shed up at some time. With a shed we could put up to 100 sq. ft. on the property without a building permit and we could eliminate the need for that if we could maintain a 2-car garage. We could give up 2' on the depth of the garage, still have a usable garage and that would bring it down by 50 sq. ft. CHAIRWOMAN: That would be what 22x25? MS. MESIANO: Yes. The depth would be 22, the width would be 25. MEMBER ORLANDO: You could fit 2 cars in a I Y, car garage depending on the size ofthe cars if you're talking SUV's you're correct. If you're talking 2 compact cars, you could. MS. MESIANO: I'm also talking about when you have a young family you have all of those large plastic things that end up in the yard and it's nice to be able to put those things away. You'd have to have an outside entrance to your basement because you're not going to be able to put anything down if you have a riding lawn mower any other large lawn equipment, if it comes down to that, we'll consider that but I don't think what we are asking for is excessive given that other properties in the area do have garages, detached garages, we are not asking for something that's out of character for the neighborhood. If we were to reduce the size of the garage and then have the need for a shed, we'd be back to the building department in a year to put up a 12xl2 shed or not at all to put up a lOx I 0 shed. Ifit's that or nothing, we'll take that, but I don't think that it's a major point. We're not going full height, it's on the inside section of the property. MEMBER ORLANDO: My other point is it will bring you down below 20% - one less vanance. MS. MESIANO: Is the I % that crucial? MEMBER ORLANDO: It's a concession. There's multiple variances you're asking for. MS. MESIANO: And we've given a concession in reducing the height of the house that we're entitled to. We're limiting the potential- MEMBER ORLANDO: I don't think you reduced it- MS. MESIANO: No, we're limiting the potential to - it could go to 35, could it not? Page 55 of 96 . . Page 56 March 20, 2003 South old Town Board of Appeals Regular Meeting Public Hearing MEMBER ORLANDO: Not this design. MS. MESIANO: Not this design, but we came in with a minimal design. We didn't come in with a maximum design, we came in with a minimal, reasonable size structure so as not to start at 115% and work our way down. We came in straight forward hoping to get the benefit of having approached you in that way. I'd rather not reduce the size of the garage down to I & y, if I did not have to. MEMBER OLlY A: But you could live with a 22x25. MS. MESIANO: Let's look at the survey. MEMBER ORLANDO: You're not reducing depth, you're reducing width. MS. MESIANO: I'd rather reduce the depth. I think reducing the depth would be wiser because it would give us a deeper driveway. CHAIRWOMAN: You're talking about, that would be- MEMBER ORLANDO: Reducing the depth, wouldn't that be more expensive to build then, you're changing the ridgeline. Isn't the ridgeline now continuous? CHAIRWOMAN: That makes sense because that would give you another just a tad more on the driveway and if you drop that ridgeline it would give much more of a visual impact. MEMBER OLlY A: The garage would be at 24 and 23? CHAIRWOMAN: Is there anyone else in the audience who would like to speak for or against the application? MS. CRESHON: Any houses with the garage detached or attached - the lot sizes are twice the size. MEMBER ORLANDO: Do you have a garage? MS. CRESHON: No my property is too narrow. MS. MESIANO: Seeking relief from the board would give this individual the potential to build a garage. CHAIRWOMAN: I'll make a motion closing the hearing reserving decision until later. Page 56 of 96 In the Matter of the Application of ~~lf!J; Regarding Posting of Sign upon Applicanfs Land Identified as 1000- /J- v - I - If . ftc:,\1'\~ .... x . AFFIDAVIT OF SIGN POSTING . , I ., " ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x COUNTY OF SUFFOLK} STATE OF NEW YORK} I, Ca;a,U1ne (Y) eS/CA...4 residing at ).1- rYI, II f (/...d L... r.yY]~ , New York, being duty sworn, depose and say that: On the 7 day of m~ .2003, I personally placed the Town's official Poster, with the date of hearing and nature of my application . noted thereon, securely upon my property, located ten.(1 O) feet or closer from the street or right-of-way (driveway entrance) ... facing the street or facing each street or right-of-way entrance;. and that I hereby confirm that the Poster has r prior to the date of the subject hearing date, (Signature) Sworn to before me this :;." day of ~ ,200.3 ~. Llu4U- ary Public} JOYCE M. WILKINS Notary Public. State of New York No. 4952246, Suffolk County TermElcpiresJunet2, :;J..t:)o~ .near the entrance or driveway entrance of mv property, as the area most visible to passersby. FROM IC MESJRNO INC. FRX NO. :631-878-8951 r. 20 2003 08:21RM P2 " , I .~ -I Ii .1 I ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD:NEW YORK x In the Matlllr of the AppHcation of ~ MIi~ (Name of AppIIcan Regarding PoetIng of SIgn ~ AppIi~s Land IdlIntIf\Ild 8S 1000- 1.;1 (, - I - /1 AFFIDAVIT! OF SIGN POSTING. : Ii x COUNTY OF SUFFOlK) STATE OF NEW YORK) I, CanVllli (V)t'SI"'-~ I t.yY1~ li , New York, being duly sworn. depose and say that: 'i , II Ii rnldlng lit IJ. m," f"....J 4 On the 7 day of fn~ . 200~ I personally placed the Town', olflc:illl Poster, wlIh the date 01 '-lng SId l'1lIIln of my alPP1ICatlon '. noted theleOl ~ .-:urely IJPO!'I my ptOplII'ly, \oc8ted ten'(1 0) feet or cloSer frontj the lire<< or right-Of-way (driYftay .....toe) . fllcIng tne IIreet or facll'G eac;tj street or right-of-way .,,!lance;. and that ' i ,I I hereby confirm th8t the Poster has remained in place for seven days, ' priOr to the dele of lhe dJjec:t hearing dille, which hMtlng dete w8111hown ~ be ~ ! (SigrmLn) , " I' i! Sworn to befor8 I1llIlhls day of , 200' i: ,i " :1 , ii (Notary Public) I I ...,... the entrance or driveway entrance of my property, 8' tie area moet villible ., to pa888l'8by. 'I I' ,I N tWice of HearM.g A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, Southold, concerning this property APPLICATION: MARTZ, T (CV) DELFINO, V (OWNER) TAX MAP #: 126-1-18 PROJECT: LOT COVERAGE VARIANCE DESCRIPTION: NEW DWELLING TIME & DATE: THURS. MAR. 20, 2003 1 :20 PM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8am and 3pm. ZONING BOARD - TOWN OF SOUTHOLD - 631-765-1809 ~/ . . LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 20, 2003 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 BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, March 20, 2003, at the time noted below (or as soon thereafter as possible): 1:20 p.m. Theodore Martz. Contract Vendee (Owner: Veronica Delfmo) #5279 - Applicant requests a Variance under Section 100-244B based on the Building Department's October 18,2002 Notice of Disapproval. Applicant proposes a new dwelling wit\a lot coverage over the code's 20% limitation, at 55 Seventh Street, Laurel; Parcel 1000-126-1-18. ~1a.d ptt-.P~_ The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: February 25,2003. Lydia A. Tortora, Chairwoman Board of Appeals . . . ~ 1~.-___ ZONING BOARD of APPEALS TOWN OF SOUTHOlD: NEW YORK ------------------------------------------------------)( In the Matter of the application of ~Ii~ CTM Parcel #1000 ------------------------------------------------------)( AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK I, Anne W. Hill residing at P.O. Box 1245 Center Moriches, New York, being duly sworn, depose and say that: On the 4th day of March 2003, I personally mailed at the United States Post Office in East Moriches , New York, by CERTIFIED MAil, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (~) Assessors or () County Real )Property Office , for every property which abuts and is across a public or private street, or vehicular Right-of-way of record, surrounding the applicant's~rty. I.... / ' ~1J Il}. ~ Signature l a....- "..- moRA" A. JlIl:OIA l IIoIaIf Public. Slate of Now.... No.01Nl6004066 QU<llifdmSuffolkCounlY . ._16,211 Please list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addressed for which notices were mailed. Thank you. . . . . Anne Fliss 715 Bray Ave. Laurel, NY 11948 1()()(). 1 26-2-<i Mary Finora 205 "f' Street Laurel, NY 11948 1000-126-1-8 Catherine Kreshon 770 Bray Ave. LaureL NY 11948 1()()()'126-1-17 Bertha Zimnaski 630 Bray Ave. Laurel, NY 11948 1000-126-1-19 Rich Magill 345 Bray Ave. Laurel, NY 11948 1000-126-1-7.4 1000- /:1(; _f. Ii> TOWN OF SOUTHOLD PROPERTY RECORD CARD /1-JY OWNER VILLAGE DISTRICT SUB. LOT"2-'T ~ 10~ /1 V ~.J-;;~ ACREAGE ./6 TYPE OF BUILDING E ,{o:;d~~ d ~t-~ S W RES. 311 SEAS. VL. 9 FARM COMM. IIND. I CB. I MISe. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~O / () 0 :;rnt Jl...JV u .. I I;, 0 /If / / , ! 300 300 / /17/7,)- +- AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD EO .~ /-17 G. .r ....)..11 - Tillf 1 BULKHEAD Tilla e 2 DOCK Tillable 3 Woodland Swampland B rush land Hause Plat Total / " . I , rl __~--L-j ! I , , I . 1-4- I ------.;..--- '---r--i , I R ' i ~, I i I i 1--1 I .: ! I . r-il I i~_ 1 I '-------T----+----' ~~ vi Bid F d' B h g. , I Qun atlon 1 at i I j I I i I I I :xtension , -+-+ Basement Floors I , 1 :xtension i Ext. Walls I Interior ~ I , , i il I I , .-- :xtension i j Fire Place Heat i I I I I I +-.. I ! . I I Parch I Roof Type I -+- I I I +- . I , Parch I Rooms 1 st Floor I I I i I n.. - -l Rooms 2nd Floor , Ireezeway I Patio ! , i I ;aroge : Driveway Dormer ---t- I , I - ! ! ). B. i I , i I i I I I j I I I i \