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APPEALS BOARD MEMBERS
Ruth D. Oliva
Gerard P. Goehringer
James Dinizio, Jr. Chairman
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809. Fax (631) 765-9064
. Mailin~ 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
REceIveD
q~ 3"~Sr'M.
JAN 1 9 2007
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SO~fi;:d~owrr (Ierl
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 11, 2007
ZB File No. 5946 - Lee and Marie Beninati
Properly Location: 855 Oakwood Court, Southold CTM 90-4-14
SEQA 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 further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's 24,704 sq. ft. non-conforming parcel in an R-
40 District with 60 feet along Oak Wood Drive, is improved with an existing two-story, single family
dwelling with deck and frame shed as indicated on survey dated 5/20/92 revised 11/8/06 prepared
by John T, Metzger, Land Surveyor.
BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building
Inspector's June 30, 2006 Notice of Disapproval concerning a proposed addition and alterations to
the existing single family dwelling within 15 feet of the southerly side yard.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required
under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County
Department of Planning reply dated December 15, 2006 states that the application is considered a
matter for local determination as there appears to be no significant county-wide or inter-community
impact.
LWRP: TOWN CODE CHAPTER 268: The applicants are requesting an addition on the southwest
side of the existing dwelling, creating a new side yard set back at less than the Zoning Code,
Chapter 280, 15 feet minimum requirement. A Determination of Inconsistency was recommended in
a letter dated November 29, 2006 by LWRP Coordinator Mark Terry for this proposed garage. The
applicant has offered a landscape plan for extension erosion control, gutters, downspouts and sub-
surface drywell installatiOns to control storm water runoff from the impervious surfaces. These noted
recommended conditions for approval have been considered by the Board. The grant of this
variance is conditioned on these or similar requirements. It is not unreasonable to build an addition
on the landward side of the dwelling since there is no other land area available that would provide a
greater reasonable degree of conformity with the Zoning regulations, as well as the LWRP.
Page 2 - January 11, 2007 .
ZB File No. 5946 - Lee and Marie Beninati
CTM No. 90-4-14
.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on December 28, 2006, at
which time written and oral evidence were presented. Based upon all testimony, documentation,
personal inspection of the property, and other evidence, the Zoning Board finds the fOllowing facts to
be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicant seeks a variance to allow a reduction of
the side yard setback in order to construct an attached garage to the existing two-story dwelling, and
with a second-floor deck at a minimum of seven feet from the easterly property line. The minimum
side yard setback required by the code for a property of this size is 15 feet.
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 proposed garage, adequately screened, will
not intrude on the neighbors' privacy.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the
applicants to pursue, other than an area variance. There is no other suitable area on the property
for the garage. The lot is irregularly shaped and has wetlands on three sides. Siting of the garage
elsewhere would place it closer to wetlands. The proposed site is the only place on the property that
would not require regrading.
3. The variance granted herein is substantial.
4. The difficulty has been self-created since the existing dwelling is nonconforming with a seven ft.
setback from the property line.
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 a garage 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 Simon, seconded by Member
Oliva, and duly carried, to
GRANT the variance as applied for, as shown on the survey dated 5/20/92 revised 11/8/06
by John T. Metzger, and elevation diagrams prepared by Bade, Stageberg Cox, Architects
received 10/25/06, subject to the following conditions:
\
Page 3 - January 11, 2007 .
ZB File No. 5946 - Lee and Marie Beninati
CTM No. 90-4-14
.
1. The setback for the proposed second floor deck at the rear of the garage shall be cut
back so it does not exceed that required for the garage at a minimum of seven feet from the
property line.
2. Gutters, downspouts, and sub-surface drywells shall be installed to control rain and storm
water run-off as required by the Building Inspector.
3. There shall be erosion and sediment controls (hay bales, silt fencing) during construction
activities to protect the wetland system as required by the Town Trustees.
4. Appropriate vegetation shall be put in place and maintained to prevent erosion as per site
plan and hand notations on map, Page AOO-10f 6/01/06 prepared by Bade Stageberg Cox,
Architects.
These conditions shall be written into the Building Inspector's Certificate of Occupancy, when
issued.
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.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman.
This Resolution was duly adopted (5-0). Q, '
mes Dinizio Jr., Chair
Approved for Filing
AREA=24J7e4 SF,
TO TIE LINES
N
SURVEY OF PROPERTY
AT SOUTHOLD
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
1000-90-04-17
SCALE: 1 "=30'
MAY 20, 2002
JUNE 29, 20.0.4
No.V. 2, 20.0.4 (REVISED)
o.CTo.BER 21, 20.0.5 (To.Po. &: WETLAND FLAGS)
FEB. 23, 20.0.6 (EXISnNG SEPnC SYSTEM)
JUL Y 13, 20.0.6 (FLOo.D Zo.NE)
SEPTEMBER 1, 20.0.6 (PRo.Po.SED ADDlno.NS)
No.VEMBER 3, 20.0.6 (WETLAND AREA)
Nav. 8, 20.0.6 ILaT CaVERAGE REVIt:EDJ
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FLOOD ZONE AE (el. 8)
FIRM 36103C0167 5;'04;'98
COASTAL BARRIER IDENTIFIED 1991 OR LA TER
ANY AllUMTllW (If AIlf)lJ](W TV THIS St.RVEY IS A VIQ..ATlm
rT SCCT1CW 72fJ9 CF M 1€\1 'I'tR( STATE EZl.CATIC:N LA\/.
DCCCPT AS PER SCCT104 7289-Sl.IBD1VlS1lW 2. AU. cumrlCATICHS
J.EfUW N€ VILlI) FCff 1HCS H/IP IWD Cf.PlES JJ-ERECF eN.. Y IF
S4lD ,." CR CCPlES BUR TIE ~~ SEAL. (T nE ~
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L.A.NDWARD EDGE OF nDM VrETLANDS AS DELINEA TED
BY SUFFOU< ENYIRONMENTAL. CONSULT1NG, INC. ON
SEPTEMBER 1Y, 200S
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L.OT 73
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AREA OF WETLANDS=3.397 SQ. FT.
.=WETLAND FLAG
Elevatians referenced to. N.G. V.D.
LOT NUMBERS REFER TO 'MAP OF CEDAR
BEACH PARK' FILED IN THE SUFFOLK
COUNTY CLERK'S OFFICE ON DEe. 2fJ, 1927
AS MAP NO. 9fJ.
LOT COVERAGE
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EXISTING - HOUSE /442 sf[ fI/24,704 a 5.8%
DECK /222 sq.II./241704<< 5.0%
SUED 101 sq.II./14,7CJ4 - 0.4%
1/.2 %
A T COMPLETION
HOUSE 2182~q'(/l24, 704 - 8.8%
DECK /056 s'1.f1/24,J04 - 4.3 %
SHED 101 s'1'(/./24,r04 = 0.4%
POOL 280 s'1'(/.l24,704 = 1.1%
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LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, DECEMBER 28, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280
(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. DECEMBER 28. 2006:
9:35 A.M. LEE AND MARIE BENINATI #5946. Request for a Variance under Section 280-124,
based on the Building Inspector's June 30, 2006 Notice of Disapproval concerning a proposed
addition and alterations to the existing single-family dwelling within 15 feet of the southerly
side yard, at 855 Oakwood Drive, Southold; CTM Parcel # 90-4-17.
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 and prior to the day of the hearing If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: December 4, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
.
.
#8154
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Candice Schott of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk ofTHE SUFFOLK TIMES, a weekly
newspaper, published at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, and that the Notice of which the annexed is a printed
copy, has been regularly published in said Newspaper once each week for
1 week(s), successively, commencing on the 21 st day of December.
2006.
~& y",:bf
- Principal Clerk
Sworn to before me this
2006
a,~
day of
t~,
Oit )tr3hVt UJ lV)L t
CHRISp~,it'. VCUNSKI
NOTARY PUBLIC.: ii"r Of NEW YORK
No. (\1.:\IOf.t 1 or;nso
Qualified Jr. ;';!"~:H~ County
, E . ",", ,,"rH\' 28 2008
CommIssion )(~ ,r,.;,. 0 " ._' u_. .
/-~~ r
flfu;,
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LEGALS...
From page 108
LEGAL NOTICE
SOUmOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY, DECEMBER 28,2OOIi
PUBUC HEAIUNGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law
and Chapter 280 (Zoning), Code of the
Town of Southald, the following public
hearings will be held by the SOUTH-
OLD TOWN ZONING BOARD OF
APPEALS at the. Town Hall, 53095
Main Road, P.O. Box 1179, Southold,
New York 11971~0959,on THURSDAY,
DECEMBER 28, 2006:
9:35 A.M. JOAN D. and HAROLD
J. KIEFER #5960. Request for a Vari-
ance under Section 280-116, based on
the Building Inspector's July 14, 2006
Notice of Disapproval concerning a
proposed deck addition at less than the
code-required 100 ft. minimum from
top of bluff adjacent to the Long Island
Sound, at 1115 Terry Lane, Orient; CI'M
Parcel 1000-14-3-3.
9:40 AM. KEVIN and LESLEY
MILOWSKI #5987. Request for a Vari-
ance under Section 280-14, based on
the Building Inspector's September: 15,
2006 Notice of Disapproval concern-
ing a proposed addition to the existing
single family dwelling at less than the
code-required minimum 60 feet from
the front yard lot line, at 1371 Cox Neck
Road, Mattituck; CTM 113-7-19.8.
9:45 A.M. LEE AND MARIE BE-
NINATI #5946. Request for a Variance
under Section 280-124, based on the
Building Inspector's June 30, 2006 No-
tice of Disapproval concerning a pro-
posed addition and alterations to the
existing single-family dwelling within
15 feet of the southerly side yard, at 855
Oakwood Drive, Southold; crM Parcel
#90-4-17.
9:50 A.M. ALBERT AND BAR-
BARA REffiUNG #5988. Request
for Variances under Sections 280-122
and 280-124, based on the Building
Inspector's November 14, 2006 Notice
of Disapproval concerning a proposed
new dwelling, after recent demolition,
for the reason that the new construc-
tion was not written under Building
Permit No. 32123-Z or under Variance
granted under ZBA #5775 concerning
additions to the existing dwelling. The
new construction will constitute an in-
crease in the dea;ree of nonconformance
located at less than 35 feet from the rear
property line and less than 75 feet to
the bulkhead, at 75 Island View Drive,
Greenport; CTM Parcel1000-57-2-32.
10:05 A.M. MAGGI-MEG REED
and MICHAEL SCHUBERT #5980.
Request for a Variance under Sections
280-15 and 280-124, based on the Build-
ing Inspector's August 15, 2006 Notice
of Disapproval concerning shed con-
struction located at less than the 35 ft.
minimum front yard setback allowed
under Building Permit No. 31292-Z dat-
ed July 19,2005 and ZBA #5708 issued
June 9, 2005. Location of Property: 935
Private Rd #3, East Marion; CTM Par-
cellOOO-21-1-2.
10:15 A.M. MARYANN MEARS, et
at. #5984. Request for a Variance un-
der Section 280-14, based on the Build-
ing Inspector's August 11,2006 Notice
of Disapproval concerning a proposed
deck addition at less than the code re-
quired minimum of 10 feet on a single
side yard and 15 ft. minimum on the re-
maining side yard, at 1050 Dean Drive,
Cutchogue;CTM Parcel 1000-116-5-12.
10:25 A.M. KATHLEEN BOWER
#5981. Request for a Variance under
Section 280-15, based on the Building
Inspector's September 19, 2006 Notice
of Disapproval concerning an as-built
accessory shed located in a yard other
than the code-required rear yard, at
12710 Soundview Avenue and corner of
Horton's Lane, Southold; CfM Parcel
1000-54-7-1.3.
10:35 A.M. NO FO PROPERTIES
LLC, MARK GORDON, ELLIE
GORDON #5983. Request for a Vari-
ance under Section 280-116, based on
an application for a building permit and
the Building Inspector's August 21,2006
Notice of Disapproval concerning pro-
posed additions and alterations to the
existing dwelling at less than 100 feet
from the top of the bluff adjacent to the
Long Island Sound, at 1150 Northview
Drive, Orient; CTM 1000-13-1-1.
10:40 A.M. MICHAEL LIEGEY
#5979. Request for a Variance under
Section 28O~15, based on the Building
Inspector's February 15,2006 Notice of
Disapproval, amended October 18,2006
concerning a proposed accessory garage
in an area other than the code-required
rear yard, at 105 Town Creek Lane,
SouthoId; Parcel 1000-64.-1-9.1.
The Board of Appeals will hear all
persons, or their representatives, desir-
ing to be heard at each hearing. and/or
dcsirina to submit written statements
before the conclusion of each hear-
ing. Each hearing will not start earlier
than designated above. Files are avail-
able for review during regular busi-
ness hours and prior to the day of the
hearing If you have questions, please
do not hesitate to contact our office
at (631) 765-1809, or by email: Lin~a.
Kowalski@Town.Southold.ny.us.
Dated: December 14, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLlY A,
CHAIRWOMAN
8154-1T 12/21
.
--
.
.
,.
Ai- 5?14>
.FORM NO.3
NOTICE OF DISAPPROVAL
DATE: June 30, 2006
TO: Catherine Mesiano Inc. alc Beninati
12 Mill Pond Lane
East Moriches, NY 11940-1222
Please take notice that your application dated June 26,2006
For to construct additions and alterations to an existing single family dwelling at
Location of property 855 Oakwood Court, Southold, NY 11971
County Tax Map No. 1000 - Section 90
Block-.1
Lot-1]
Is returned herewith and disapproved on the following grounds:
The proposed construction, on this non-conforming 24,704 square foot parcel in the R-40 District, is
not permitted pursuant to Article XXVI, Section 100-244, which states that non-conforming lots,
measuring between 20,000 and 39,999 square feet in total size, require a minimum single side yard
setback of 15 feet.
Following the proposed additions and alterations, the single family dwelling will have a single side
ard setback of? feet.
"
CC: file, Z.B.A.
Note to Applicant: Any change or deviation to the above referenced application may require
additional review from the South old Town Building Department,
.
.
Fee: $ </00 Filed By:
Office
Notes:
Date Assigned/Assignment No.
,
<.
"
0(,
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Parcel Location: House No. 855
Street OAK WOOD DRIVE Hamlet SOUTH OLD
SCTM 1000 Section 90 Block...!.,.Lot(s)-1LLot Size .57 Zone District R-40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: JUNE 30. 2006
Owner as Applicant: LEE I. BENINATI & MARIE D. BENINATI
Mailing Address: P .O.BOX 235 SOUTHOLD. NY 11971
Telephone: 765-5333 Fax:
NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder,
contract vendee, etc.
Authorized Representative:
CATHERINE MESIANO. INC.
Address: 12 MILL POND LANE. EAST MORICHES. NY 11940
Telephone: 631-878-8951
CELL: 631-553-3992
Fax:
631-878-8951
Please specify who you wish correspondence to be mailed to, from the above listed names:
D Applicant/Owner(s) X Authorized Representative D D Other:
WHEREBY TIlE BUILDING INSPECTOR DENIED AN APPLICATION DATED 6/26/2006
FOR:
~ Building Permit
D Certificate of Occupancy D D Pre-Certificate of Occupancy
D Change of Use
D 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.
Article XXVI Section 100- 244 Subsection
Type of Appeal. An Appeal is made for:
X A Variance to the Zoning Code or Zoning Map.
D A Variance due to lack of access required by New York Town Law-Section 2S0-A.
D Interpretation of the Town Code, Article Section
D Reversal or Other
A prior appeal D D has D D has not been made with respect to this property UNDER Appeal
No. 1899 Year 1974 .
.
Page 2 of 3 . Appeal Application
.
Part A: AREA VARIANCE REASONS
(1.) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties, if granted, because:
a The use and utility of the property will not change
a The occupancy of the property will remain as a single family dwelling
a There will be no change in density in the neighborhood
(2.) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
a There is no other more suitable area on the site to propose the garage
a Any alternate site would place the proposed garage closer to the wetlands
(3.) The amount of relief requested is not substantial because:
a The area of the variance requested is approx. 240 square feet, .01 acres
(4.) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district because:
a Drywells will be installed to contain stormwater run-off.
a Areas that have eroded will be restored and revegetated
a Appropriate erosion control will be implemented during construction
Has the variance been self-created? ( ) Yes, or (X ) No. If not, is the construction
existing, as built? ( ) Yes, or (X ) No.
Additional information about the surrounding topography and building areas that relate to
the difficulty in meeting the code requirements:
a The subject property is surrounded by wetlands.
a There is no area on the lot that meets the wetlands setback requirements.
a The proposed garage has been sited so as to maintain the exiting wetland
setbacks.
This is the MINIMUM that is necessary and adequate, and at the same time preserves and
protects the character of the neighborhood and the he Ith, safety, and welfare of the
community. JL
' ,
~
Sworn to before tte.:ht.
~ 1 day OC.~~2006.
~~
( tary ublic)
JAYNE P. MARTIN
Notary Public, state of New YOlk
No. m8235
Qualmed " Suffolk Counll'
Commission ExpIres Jan. 31~ 7
CATHERINE MESIANO, INC.
12 MILL POND LANE
1=. MORICHES, NY 11940-1222
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SOUTHOlO
SECTION NO
fOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY ~1971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.net/Southold/
BUILDIN~ APPLICATION CHECKLIST
. Do -"ve or need the following. before applying?
Board of Health
3 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact: fi
Mail to: L, m e.s 14-1'1 ~ J Al<:-
. J.;J M'/I POlY} L. C. }1~/l.(:fk'j
Phone: 'b3/~ S J7. ~9.5/ ;J y
CATHERINE MESIANO, 'NC.' I':rq"
,--.------'.- 'MIll POND LANE
il'i}JL r: E. MORICHES, NY 11940-1222
i iU ,}UN 217 : , ~..I APPLICATION FOR BUILDING PERMIT
L---.-----~..J
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T v/ ,-,.~':--Js;:i~J~OLD
.
PERMIT NO.
Examined
,20_
Expiration
,20
Approved
g t,6 /:.,0_
I t
Disapproved ale
Date
h /':2I4/tJ.h
I
,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 commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit.
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zouing amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICA nON IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, 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
~iliori"" '~,~m. ~ 1""""= "'" '0 bW'"", fm .oc=wy lmp,";=.~ . ~
':t4/4'" , II ~
(Signature of applicant or name; if a corporation)
j:C" "f)
ailing address of applicant)
12 MIL. Pi 11\1' ; \ ~Iljt
ant is owner, lessee, agent, architect, engineer, general TOIltifCtor, electricjll1l1 ~l1222 builder
t. IV! ...., l'i 1 l'~
Name of owner of premises
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
is 5..5 0 !+oIf(WOG'f} (".
House Number Street
So t..l"tt\--t, I...l)
Hamlet
County Tax Map No. 1000 Section
Subdivision
q()
(Name)
2. State existing use and occupanc_premises 'and.ijltended se and opcup
a. Existing use and occupancy / tl!! , fy
J
b. Intended use and occupancy
.::54 rn ,. .
-'
("II ,r;u/..L. ~ +
Addition . X
Other Work
/G jJ
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
Alteration
(Description)
4. Estimated Cost
Fee
5. If dwelling, number of dwelling units
If garage, number of cars .j
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front 4 '? ' ~ Rear
Height -t: ')..g I Number of Stories I' ;.
Depth 3 5 I J r'I':.J
.
Dimensions of same structure with alterations or additions: Front 1 '3
Depth Height ~ '3 5 i Number of Stories
Rear It; '--
~
8. Dimensions of entire new construction: Front
Height Number of Stories
J_ r" I + 0'7'
~ L/ Rear-L~ Irf~.J
Rear
Depth
9. Size oflot: Front
Depth
~ t 4-. 31'
10. Date ofpurchase :;L. 00 '5
Name of Former Owner
11. Zone or use district in which premises are situated _R. - +6
12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO_
13. Will lot be re-graded? YES_NO ~ Will excess fill be removed from premises? YES_NO ~
14. Names of Owner ofI2remises --P'el\\n aJ;
Name of Architect cJ. ~~...bu5
Name of Contractor
Phone No.7 ~ 5 :> ~ '! ?
Phone No ::ll.;t ;J..c.{,? (, 03
Phone No.
Address
Address
Address
15 a. Is this property within 100 feetofa 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 L NO_
* 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 elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OFNEW YORK)
SS:
COUNTY OF~A1h
C .4-t-l.Ir-HLl ^,,'f' M s,") (A- tVO being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the Ll_ L
~~ Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make !'lld file this application;
that ail 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.
e me t1.'s r I
daYOf~D~
Notary Public
---
Signature of Applicant
.,ar'" .
~~-
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I_C.)?UfU,..",.D(~ ~
/ -I-W~ s;..n~
~PLANNING BOARD MEMBERS
7 ,,\ !' JERIL YN B. WOODHOUSE
, ,V Chair
\ ~I
./\ \. "
". ~J/
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
.
MAIliNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Aonex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
To:
Ruth Oliva, Chair
Town of South old Zoning Board of Appeals
RECEIVED
DEe 1 2006
~: /J./dfjbb /J.
ZONING BOARD OF APPEALS
From:
Mark Terry,
Senior Environmental Planner
L WRP Coordinator
Date: November 29, 2006
Re: Proposed Wedand Pennit for Lee and Marie Beninati
SCTM#1000-90-4-l7
The proposed action has been reviewed to Chapter 275, Waterfront Consistency Review of the Town of South old
Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the
information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the
records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted
following Policy Standards and therefore is INCONSISTENT with the LWRP.
Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction
1. Comply with Trustee regulations and recommendations as set forth in Trustee pennit
conditions.
The orooosed setback of the ura!!e to the wetland svstem is 51.5 feet. The orooosed setback of the 0001 to
the wetland svstem is 66.7 feet: a minimum seoaration distance of 100' is reauired oursuant to Chaoter 275.
Please reauire that the aoolicant amend the aoolication to meet the above oolicv to the !!reatest extent
Dossible.
Additionallv. if the action is aooroved and to further Policv 5: Protect and Imorove Water Oualitv in the
Town of Southold:
1. Reauire a sub-surface drvwell for the drainin!! of the 0001.
2. Reauire erosion and sediment controls (havbales. silt fenciull) durin!! construction activities to
orotect the wetland system.
3. Reauire !!utters. downsoouts and sub-surface drvwells to control stormwater runoff from all
imoervious surfaces.
Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written
detemrination regarding the consistency of the proposed action.
Cc: Jim King, President Town of South old Board of Trustees
f\ ~ ~;;. .
\ t ,) i BECEIVED
. DEe 2 0 2006
..
COUNTY OF SUFFOLK
'\ 2()N;t'-iC~
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STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
December 15,2006
Ms. Ruth Oliva, Chair
Town of South old ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Ms. Oliva:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant(s)
Municipal File Number(s)
Catherine Mesiano Inc.lBeninati
Kiefer, Joan
Reed, Maggi-Meg
NOFO Properties
Mears, Mary Ann
Meryl Kramer/Reibling
Peconic Building Solutions/Leigey
5946
5960
5980
5983
5984
5988
5979
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/s Christopher S. Wrede
Environmental Planner
CSW:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAiliNG ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788.Q099
.
(631) 853.5190
TELECOPIER (631) 853.4044
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