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HomeMy WebLinkAbout6640 6 d� r2abb�t t� � t5 (�6 40 �.o nsf�t c c �c sl fie d,w)el l ink, pe,0-4,,da �( S Si ngl f S-l" ya, z( s !vim{ stile y,: �l <eA&,ek fofiu l9 rf xX i Sufi M a So - BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northtbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18, 2013 ZBA FILE: 6640 NAME OF APPLICANT: Richard Frizzi SCTM# 1000-31-18-15 APR" 2 3 2013' 5offihold Town Clerk PROPERTY LOCATION: 680 Rabbit Lane (Private Road) (adj. to Gardiners Bay), East Marion, NY 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 19, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 25, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP, EXCEPT for the Proposed Patio being proposed in the CEHA which is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, the applicant has agreed to reduce the size of the proposed patio to less than 200 square feet, thus making it consistent with the LWRP policy. PROPERTY FACTS/DESCRIPTION: Subject parcel is a non-conforming 3,596 square foot lot in the R-40 zone district. It is improved with a 1 story frame house with attached deck (storm damaged) and an accessory frame garage. It has 27.40 feet of frontage on Rabbit Lane (Private Road), 103.60 feet along the northern property line, 40.96 feet on Gardiners Bay and 113.45 feet along the southern property line as shown on the survey dated January 14, 2013 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variances from Article XXIll Section 280-124 and Article XXll Section 280-116B and the Building Inspector's March 1, 2013 Notice of Disapproval based on an application for building permit for construction ora new single family dwelling: 1) less than the code required minimum single side yard setback of 10 feet, 2) less than the code required minimum combined side yard setback of 25 feet, 3) less than the code required minimum rear yard setback of 35 feet, 4) more than the code permitted maximum lot coverage of 20%, 5) less than the code permitted bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variances to demolish and reconstruct a new single family dwelling with a rear yard setback of 28 feet where the code requires 35 feet, a single side yard setback of 6 feet where the code requires 10 feet, a combined side yard setback of 16 feet where the requires 25 feet and lot Page2of3 April 18,2013 ZBA Fi[c#6640 - Frizzi coverage of 29% where the code permits a maximum of 20%. Additionally, the applicant is proposing a 17 foot setback from the bulkhead where the code requires 75 feet. ADDITIONAL INFORMATION: The applicant proposes to build a new two story dwelling to replace the one- story dwelling that was destroyed by hurricane Sandy in October of 2012. This Board asked for comments from the Southold Town Trustees and in a memo dated April 3, 2013, the Trustees stated that the proposed on-grade patio located within the CEHA is not to exceed 200 square feet as per Chapter 111-Town of Southold Coastal Erosion Hazard Area Law; and it needs to be constructed with pervious material in its entirety to prevent storm-water runoffand erosion. An e-mail was received from an adjoining neighbor with concerns. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 4, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. Town Law §267-b(3){b){1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of pre-existing non-conforming waterfront parcels with dwellings and accessory structures, all of which have multiple non-conformities, similar to the subject parcel and to what the applicant proposes. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The pre-existing non-conforming subject parcel is narrow and shallow with a pre-existing non-conforming accessory structure located in the front yard which eliminates any location where a dwelling may be proposed and not require area variances. 3. Town Law ,~267-b(3)(b)(3). The five area variances granted herein are mathematically substantial. 1) The proposed rear yard setback of 28 feet represents a 20% relief from the code required 35 feet. This substantiality is mitigated when considering the proposed rear yard setback will be in more conformance with the code than that of the previous pre-existing rear yard setback of 15+/- feet. 2) The proposed side yard setback of 6 feet represents a 40% relief from the code required 10 feet. This substantiality is mitigated when considering the proposed side yard setback will be in more conformance with the code than that of the previous pre-existing side yard setback of 4.5 feet. 3) The proposed combined side yard setback of 16 feet represents a 36% relief from the code required 25 feet. This substantiality is mitigated when considering the proposed combined side yard setback will be in more conformance with the code than that of the previous pre-existing combined side yard setback of 9.2+/- feet. 4) The proposed bulkhead setback of 17+/- feet represents a 77% relief from the code required 75 feet. This substantiality is mitigated when considering the proposed bulkhead setback will be in more conformance with the code than that of the previous pre-existing bulkhead setback of 7.5+/- feet. 5) The proposed lot coverage of 29% represents a 45% relief from the code permitted maximum of 20%. This substantiality is mitigated when considering the proposed lot coverage will be in more conformance with the code than that of the previous pre-existing lot coverage of 36%. 4. Town Law §267-b(3)(b)(4) 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. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and additionally, the applicant installed a new bulkhead. 5. Town Law §267-b(3)(b)(5}. The difficulty has not been self-created. The hurricane destroyed the pre-existing non-conforming dwelling. Page 3 of 3 - April 18, 2013 ZBA File#6640 - Frizzi SCTM: 1000-31-18-15 6. Town Law §267-b Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing a new dwelling, 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT~ the variances as applied for, and shown on the architectural drawing prepared by Angel B. Chomo, R.A., sheet No. SK/1, dated 2-14-13, last revised 3-4-13, and the survey prepared by John T. Metzger, L.S., dated January 14, 2013. Subject to the following condition: CONDITIONS: 1. The proposed patio in the Coastal Erosion Hazard Area shall be less than 200 square feet and be constructed with pervious materials, so as to mitigate storm water runoff and erosion. That the above conditions b ..... e wrttten into the Butldtng Inspector s Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the BuiMing Department ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as' alterations, extensions, or demolitions, 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. ['ote of the Board: Ayes: Members: 14/eisman (Chairperson), Goehringer, Horning, Schneider. This Resolution was duly adopted (4-0) Leslie Kanes Weism~n~, Chairperson Approved for filing ~ ~-o~ /2013 F,,m66ft" fame SURVEY OF PROPERTY N A T EAST MARION U�40 TOWN OF SO UTHOLD RECFI ,ED SUFFOLK COUNTY, N. Y. MAR 06 2Wl' 1000-31-18-15 ROARD OF APPEALS SCALE.- 12= 2V JANUARY 14, 2013 0�91 � 4 FINAL MAP REVIEWED BY ZBI SEE DECISION # DATED 1. 1 6 v� •�.`�� ��� e �• ti 4 A � ti qy %pl cp A � eg�� Ica OlOk I v a `V WETLANDS A T MHWM. AS PER BRUCE ANDERSON OF SUFFOLK ENVIRONMENTAL CONSULTING INC. JAN. 16, 2013 ELEVATIONS ARE REFERENCED TO NAVD.'88 COASTAL EROSION HAZARD LINE FROI[ YAP PHOTO Z 48—BW-W FLOOD ZONES TAKEN FROM FIRM YAP Na 36103CO177H REVISED SEPT. 24 2" r AREA= 3,.596 SO FT. (TO TIE LINE) ANY ALTERA77ON OR ADDIT70N TO THIS SURVEY IS A KOLA77ON i e OF SECTION 72090F THE NEW YORK STATE EDUCAT70N LAW. N. Y.S. LIC. NO. 49618 EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2 ALL CERTIFICATIONS S, P.C. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF fi 7 FAX (631) 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P TRAVELER 1230 R STR WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 19971 113-101 RECEIVED ANGEL B. CHORNO , ARCHITECT MAR 11 2013 51020 Main Road Southold, NY 11971 BOARD OF APPEALS Phone (631) 765-6530 Fax (631) 765-4643 M Southold Town Zoning Board of Appeals FINAL MAP Southold Town Hall REVIEWED BY ZBA P.O. Box 1179 Southold, NY 11971 SEE DECISION # WLP DATED 1' ILL I 2 Re: Richard Frizzi Premises: 680 Rabbit Lane, Eas SCTM # 1000-31-18-15 Dear Ms. Weisman and Board members: The lot size to the tie line is 3,596 square feet. I deducted 400 sq. ft. for the area between the tie line and the bulkhead line which leaves 3,196 sq. ft. of buildable area. The lot coverage calculations based on 3,196 sq. ft. is as follows: Existing house &garage 1,163 sq ft divided by 3,196 sq. ft. The existing lot coverage is 36% The proposed house &garage 922 sq feet divided by 3,196 sq. ft. The proposed lot coverage is 29% The lot coverage has been reduced by 7%. If you have any questions, please give me a call. Thank you. Very truly yours, Angel B. Chorno i t zos�N/Aaz4W L/r/E \ RECEIVED MAR 06 2013 BOARD OFApPEALS IIF 11 17- - _- FWAL MAP I - - -- - - REVIEWED BY ZBA SEE DECISION # DATED__q / L / 01 oN I et 2-0 I _ I a 1 --- - - - I I Q 6X8 u \I to I - � y /_ f M,9`ZZAA/11"/E 32 7sF f:s ,P 0,3 $f I i6=USA 576 s� _ mow. r �vA6G Sates `' F cv 9� Z sa — zs6 % 11) (CIL / I /8 91.. sr -roe.rsfja== 1000-31-18-15 DATE: 2-14-13 FRIZZI RESIDEN4E . 'S•�� e °"°y RABBIT LANE. N East Marion - Town of §outhold 9TF Q/s,eq'•yo NY �c�� pF NEN Sow CHORNO ASSOCIATES architects. SOUTHOLD, NEW YO K James F.King,President QF soar Town Hall Annex Bob Ghosio,Jr.,Vice-President �� �" y 54375 Main Road h `p P.O. Box 1179 Dave Bergen ./. # Southold, New York 11971-0959 John Bredemeyer H *a- Michael J. Domino • p Telephone (631) 765-1892 Fax COUNM BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RFc'6jveD OR Memo eogRb zol a'4 �Fgp Date: April 3,2013 pFg`S To: Leslie Kanes Weisman,Chairperson Board of Zoning Appeals From: Board of Trustees RE: Variance application,Frizzi#6640 Comment: As requested, The Board of Trustees has reviewed the documentation submitted by the Board of Zoning Appeals on the above noted application. The Board has agreed that the newly proposed on-grade patio that is located within the Coastal Erosion Hazard Area is not to exceed 200 square feet, as per Chapter 111-Town of Southold Coastal Erosion Hazard Area Law; and it needs to be constructed with pervious material in its entirety to prevent storm-water runoff and erosion. Southold Town Board of Trustees JFK/amn OFFICE LOCATION: so MAILING ADDRESS: Town Hall Annex P.O. Box 1179 N 54375 State Route 25 .If, Southold, NY 11971 T (cor. Main Rd. &Youngs Ave.) CO Southold, NY 11971 a G @ Telephone: 631 765-1938 \S'� O �� Fax: 631 765-3136 �'�COUNTY,N� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD / / 40 RECEIVED MEMORANDUM MAR 26 2013 BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: March 25, 2013 Re: Coastal Consistency Review for ZBA File Ref. Frizzi, R. #6640 SCTM#1000-31-18-15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standard and therefore is CONSISTENT with the below listed LWRP policy: Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: d. sites where relocation of an existing structure is not practical Due to the size of the parcel, the relocation of the structure outside of the hazard zone is not practicable. I r 0 9 .4 V(oy-b However, the proposed patio (dimensions greater than 200 sq. ft.) is located within the CEHA and is INCONSISTENT with Policy 4.1 and therefore, INCONSISTENT with the LWRP. The location of the proposed patio is within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the beach. All development is prohibited on a beach pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a beach may include "open timber piles or other similar open work supports with a top surface area of less than 200 square feet." Therefore, the patio, as proposed, is prohibited on the beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. § 111-12. Beach area. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach,- docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting, and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney �� j j V �L?ttAlwg ) 0 0 190 COUNTY OF SUFFOLK r RECEIVED LIAR 2 2 2013 BOARD OF APPEALS 1 Steven Bellone SUFF OLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning �\ Deputy County Executive and Commissioner and Environment March 19, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Lavecchia, J & L 6634 Mattituck Plaza, LLC 6635 Einezig, Steven & Yvette 6637 Frizz; Residence 6640 Mantikas, Michael 6641 Finora, Robert 6642 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI In P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 111 (631)853-5191 FORM NO. 3 I(/r / / C O TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT MAR 6 2013 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: March 1, 2013 TO: Patricia Moore(Frizzi) 51020 Main Road Southold, NY 11971 Please take notice that your application dated February 22, 2013 For permit to construct a single family dwelling at Location of property: 680 Rabbit Lane, East Marion, NY County Tax Map No. 1000 - Section 31 Block 18 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming on this non-conforming 3,596 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124 which states that, on lots measuring less than 20,000 square feet in total size, the minimum rear yard setback is 35 feet, the minimum single side yard setback is 10 feet, the minimum combined side yard setback is 25 feet, and the maximum lot coverage is s 20 percent. Following the proposed construction, the dwelling will have a rear yard setback of 28 feet, a single side yard setback of 6 feet, a total side yard setback of 16 feet, and a total lot coverage of.0,7 percent. In addition, the proposed additions and alterations are not permitted pursuant to Article XXII Section 280-11613, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction notes a setback of+/- 17 feet toQexistinglkhe Authoriz Signature Cc: File, ZBA • RECEIVED / / / MAR 0 6 2013 b ee:$ Filed By: Assignment No. BOA I D OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 680 Street Rabbit Lane Hamlet East Marion SCTM 1000 Section 31 Block 18 Lot(s) 15 Lot Size 3,596 sa.ft. Zone RR^40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED A 2 v „2013 BASED ON MAP dated Jganuary 14,2013 Applicant(s)/Owner(s): Richard Frizzi Mailing Address: 915 Panama Court,Apt. B3,Marco Island Florida Telephone: c/o Pat Moore 765-4330 Fax#: 765-4663 Email: pcmoore(ii).mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X) Owner,or ( )Other: _ Agents Address: 51020 Main Road,Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: pcmoore(a,mooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED January 14, 2013 and DENIED AN APPLICATION DATED February 22,2013 FOR: E Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction OOther: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1.Article XXIH Section 280-124 minimum rear yard,side yard,combined side yard and lot coverage 2.Article XXII 280-116(B)setback from bulkhead Type of Appeal. An Appeal is made for: S A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other JA prior appeal, X has 99W been made at any time with respect to this property,except UNDER (Please be sure to research before completing this question or call our office for assistance.) 0 • RECEIVED / 6 `l 0 MAR 0 G 201310 Name of Owner: Richard Frizzi ZBA File# 4 �Iqs$� BOARD OFAppEALS REASONS FOR APPEAL(additionl sheets may be used with Preparer's signature): 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: The existing house was damaged by hurricane Sandy and a new house is proposed further landward than the existing house from the bulkhead and landward of the Coastal Erosion Hazard Zone. The storm destroyed the protective bulkhead to the waterfront homes in this neighborhood,causing significant damage to the community on Rabbit Lane. Rather than try to restore the existing home,which some property owners on the block are doing,Mr.Frizzi will construct a small home which will be elevated against future flooding. As Rabbit Lane is redeveloped the existing homes are becoming flood compliant. The existing home is 4.5 from the westerly property line,4.7 from the easterly property line,less than 10 feet to the bulkhead(which is under re-construction)and within the Coastal Erosion Hazard Area. Only the front yard of the existing structure is conforming. The proposed house will be 10 feet from the westerly side yard which is the unobstructed side of the house. The east side is 6 feet from the easterly property line. The existing accessory building already blocks the east side of the property,therefore the setbacks are greater on the west side in order to maintain a greater access. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: The property is preexisting nonconforming,as are all the lots on Rabbit Lane. The proposed house was designed to be the minimal size of a"habitable dwelling"(minimum is 850 sq.ft.). The Frizzi family never intended to replace the existing house, Mr. Frizzi has very fond memories with his deceased wife and children enjoying their home,the new house is a matter of necessity due to the Hurricane. (3) The amount of relief requested is not substantial because: The lot is only 3,596 sq. ft.to the MHWM and the Coastal Erosion Hazard Line bisects the property,affecting one third of the buildable square footage of the lot. The lot narrows to 27.40 feet along the road,with 40.96 linear width along the water. The proposed house respects the environmental constraints of the property and maximizes the setbacks to the extent practical. The house remains small but in character with the surrounding neighborhood. The existing house and surrounding homes were developed with closer setbacks. See attached Google Earth map with the development of the surrounding neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house will be raised to FEMA compliance in order to prevent future storm damage. The bulkhead is being replaced. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No The Hurricane damaged the existing house and the proposed house will be more conforming to zoning. The lot is pre-existing nonconforming as to set backs. Are there Covenants and Restrictions concerning this land: X None aoolicable. Yes(pieasefurnish copy). 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. Check this box O IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED • • RECEIVED MAR 0 6 2013 (pl USE VARIANCE SHEET.• (Please be sure to consult your attorney.) BOARD OF APPEALS J S re�of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn fore me this day o -c� BETSYA.PERMNS Notary Public, State of New York No.01 PE6130636 Qualified in Suffolk Cou .� Commission Expires July 18,nty - RECEIVED �6 n APPLICANT'S PROJECT DESCRIPTION MAR 06 202 (For ZBA Reference) BOARD OF APPEAL Applicant: Richard Frizzi Date Prepared:March 5,2013 I. For Demolition of Existing Building Areas Please describe areas being removed: storm damaged existing house will be demolished IL New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor: 16' x 36' (576 sq.ft.) Dimensions of new second floor- Dimensions of floor above second level : 16.6' x 21'6" 327s ft Height(from finished ground to top of ridge): 26' Is basement or lowest floor area being- on piles If yes, please provide height (above ground) @ 6' (FEMA requirement) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: one story dwelling below FEMA Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Proposed construction: New House 576 sqft Existing Garage 250sq.ft. Deck 45 sq.ft. Steps (required by code) 51 sq.ft. 922 sq.ft. (Includes steps) 25.6% Proposed increase of building coverage: existing house & garage 1,163 sq.ft. /3596 =32% Proposed 25.6% REDUCED 7.6% less lot coverage then existing Square footage of your lot: 3596 SF Percentage of coverage of your lot by building area: 25.6 % V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): bulkhead along Gardiners Bay Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED / / `(, 0 QUESTIONNAIRE MAR U G 2013 b FOR FILING WITH YOUR Z.B.A.APPLICATION BOARD OF OWNER: Richard Frizzi APPEALS CTM: 1000-31-18-15 A. Is the subject premises listed on the real estate market for sale? ❑Yes E No B. Are there any proposals to change or alter land contours? E No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? yes 2)Are these areas shown on the map submitted with this application? yes 3)Is the property bulkheaded between the wetlands area and the upland building area? yes 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: once ZBA variance is issued and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) 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 and describe: G. Do you or any co-owner also own other land close to this parcel?_no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel pre-existing nonconforming storm damaged dwelline and accessory building and proposed use new single family dwelling and existine accessory building {exam es- xisting: single-family; proposed: same with garage or pool,or other description.) Avdix3f ¢ed Signature and Date 2/05; 1/07 RECEIVED • �b 617.20 • MAR 0 6 201 Appendix C State Environmental Quality Review BOARD OFAPPEALS SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed b A Ncant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME A tCI,k 2 Zi 3. PROJECT LOCATION: Municipality —R,::;T yk A 0 County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) QA�(�tT LAQCI BAST I-1aU[ 00 sc-tt-c'. \ l7Cp - 'mil — I$ - IS 5. PROPOSED ACTION IS: New ❑ Expansion odification/alteration 6. DESCRIBE PROJECT BRIEFLY: CcXj ST(LLtC n LKJ or- St aJ&Le K6ct` ✓3u0cZ-" us 7. AMOUNT-OF I AND AFrcCTED: Initially _ oast Ultimately Z2 aews 8. WILL PROPOSED XCTION COMPLY WITH EXISTING ZONING OR 6THER EXISTING LAND USE RESTRICTIONS? ❑ Yes 19 No If No,describe briefly 9. WHAT I,S PRESENT LAND USE IN VICINITY OF PROJECT? IL�bdel Residential Industrial Commercial Agriculture Park/ForesNOpen Space Other Descri 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? D9Yes nNo If Yes,list agency(s)name and pennittapprovals: 1—/-V 5 lT 11. DOES ANY ASPECT'IN THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I] Ld Yes No if Yes,list agency(s)name and permiltapprovals: 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes 10 No I CERTIFY THAT THE INFORMAT PROVIDED OVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantisponsor name: C Date: 3- Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 0 0 RECEIVED to PART II- IMPACT ASSESSMENT To be completed by Lead Agency) MAR 0 6 2013 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review proceAQARD~' RVL$ Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 If No,a negative declaration may be superseded by another involved agency. Yes ❑ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantify,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as of tally adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: CS. Long term,short tern,cumulative,or other effects not Identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CIA)? Yes F1 No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural);(b)probability of occurring;(c)duration; (d)irreversibility;(a) geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse Impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined,based on the information and analysis above and any supporting documentation,thatthe proposed action WIL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination ,,arm or Lead Agency Date Print or I ype Name Or Responsible Officer in Lead Agency Title of Responsible O car S nature o espons ble cer in ea ency Signature of Preparer(if different from responsible o cer DECEIVED ' MAR 06 2013 AGRICULTURAL DATA STATEMENT $DAItDOFAPPEAiS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit;site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 300 feet of a farm operation located in agricultural district.All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the.General Municipal Law. 1) Name of Applicant: \;Q {(L\ C i A C M tot.Q! 2)Address of Applicant. '�,Da o, 3) Name of Land Owner(if 9kher than ya�pplicant) : 4)Address of Land Owner:' � rN1 l C s2��.t . f}Pfi (�2 LtAer,- la(avo FL 5)Description of Proposel Project:f _Q�al'I h �� Sir a� Q nGl lc� ee_ Q rFr>e�c,c filYt S \ L tl 6) Location of Prope y(road and map number . y A-) 7) Is the parcel within an agricultural district?;7 No ❑Yes If yes,Agricultural District Number 8)Is this parcel actively farmed?�No ❑Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public.computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. d. h Name and Address 1. 2. 3. w 4.�� 5. 8. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained;in advance, when requested from either the Office of the Planning Board at 765-1938 0 g Board of Appeals at 765-1809. Signature of Applicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed actionon their farm operation. Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and the clerk of the board to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 RECEIVED APPLICANT MAR 06 N13 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OFAPPEALs The Town of Southold's Code of Ethics prohibits conflicts of interest on the part 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 to avoid same YOUR NAME:_Patricia C.Moore Esq._and Richard Frizzi (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company,spouse, sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)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 beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Signature:_ Patricia C.Moo Print Name:- Richard Frizzi — �`/'/s` J' • • RECEIVEv MAR Og 2013 LWRP CONSISTENCY ASSESSMENT FORM 130ARD OFAPPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-31-18-15 OWNER:Richard Frizzi AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept._Building Dept. Board of Trustees X_ Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance . • RECEIVED / / '1 D MAR 0 6 2013 '! Nature and extent of actionmew single family dwelling BOARD OF APPEALS Location of action: 680 Rabbit Lane, East Marion Site acreage: 3,596 sq.ft. Present land use:existing storm damaged house Present zoning classification: rr=40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Richard Frizzi (b) Mailing address: P.O.Box 87 East Marion (c) Telephone number: Area Code (631 ) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable the lot is preexisting nonconforming. The setbacks of the new house are more consistent with the LWRP policies then the existing house and the maximum feasible given the size of the property and the CEHLine. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State. Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The proposed house will be in keeping with the surrounding homes Drainage will be provided which Drevents non-point source pollution the new house will be FEMA compliant to prevent future flooding and erosion REMW NATURAL COAST POLICIES MAR 0 6 2013 130ARD OF APPEA Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion4ee LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable The proposed new house will be protected from flooding or erosion The bulkhead is being replaced. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable all construction will conform to regulatory standards there is public water Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable new house will not adversely impact ecosystem. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use Standard building codes compliance prohibit degradation of air quality or emissions. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. _Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent ` / uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation ( b o criteria. RECEIVED Yes No X Not Applicable Residential use of property on establish lot will not adversely impact coastline. g MAR d 6 2013 Policy l l. Promote sustainable use of living marine resources in Long Island Sound, #1gARD OF APPEALS Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. _Yes No X Not Applicable , property is protected from encroachment into wetlands by existing bulkhead Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area is not developed for agriculture . Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 •TOWN OF SOUTHOLD, NEW YORK • p �� ACTION OF THE ZONING BOARD OF APPEALS DATE.....Janusry,10, 1958 Appeal No. 42 Dated December 28, 1957 RECEIVED ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD, MAR 06 2013 To Donald Cyriacks Appellan 40 Superior Road, Bellerose 26, N. Y. �DARDDFAPPEAL5 At a meeting of the Zoning Board of Appeals on January 9, 1958 the appeal was considered and the action indicated below was taken on your (E ) Request for variance due to lock of access to property ( ) Request for a special permit under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article.................... Section.................... Subsection................ paragraph.................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (a®Rams) produce undue hardship because road has been in existence for many years and would be difficult to alter. (b) The hardship created (is) (MXW) unique and (%0W (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because this is a private road and only means of access to property. W The variance (does) ft6eanat) observe the spirit of the Ordinance and (amohd) (would not) change the character of the district because the adjoining land is nearly all built up. and therefore, it was further determined that the requested variance (E )be granted( )be denied and that the previous decisions of the Building Inspector( )be confirmed (x) be reversed 3. Approval of Access is granted as is. It Is the understanding of the Board that Rabbit lene is not related to any official map or plan, now or in the future. Property: Sou+.y, Side Rabbit lens, Fast Marion, N. Y. ZONING BOARD OF APPEALS �� cb Grace B. Meyer, Secretary 6 rm Zn4 •FORM NO.4 • TOWN OF SOUTHOLD b BUILDING DEPARTMENT RECEIVE[, Office of the Building Inspector Town Hall Southold,N.Y. MAR 0 6 2013 Certificate Of Occupancy BOARD OF AppEALS No. .Z I II.6.9.. ... . . . . Date .. . .. . . Septf R"r. 3. . ... . . ... ... 1962. THIS CERTIFIES that the building It. .. . .. .(2).. . .. . ... . .. . . . . .. . ... .... . . ... .. . .. Location of Property .68D. . . ... .. . . . . . . . . . . .1i4CD14JF Ae ... . .. . ... .Eaat. rarion.. . Hoax Ho. Sower Herrder County Tax Map No. 1000 Section . . .031 . .. . .Block . . .3$..... .... .Lot ..9? ... . .. . Subdivision..X. . . . . . .. . .. . . . . . . . .. . . . . . . . .Filed Map No. .x.. ... .Lot No. .X ........ .. Requirements for a private one-family dwelling built prior to conforms substantially to the AffliQ"WR feF 8ailCiag4oxai64textefere-Filed irr lliis office-dated Certificate of Occupancy . . . .April.23. . . . .. .. , 1957.pursuant to which 8eilding•Permit No. .. Z11169...... . . .... dated . . .. .Se p.tember..3. . . . . . . . .. 19.82,was issued,and conforms to ad of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is ... . .. ... . . ..s. aEu5oA.31.9pe,-f�n111y,duel ling and one accessory storage building. .. ..... . . . .. ... ... . .. . The certificate is issued to . . . . _ . . . . Dgl0d, .Mt, C,yriecks .. . . . .. . . . . . . .. . .. . . . . . .. .. . /owner,/eaee.or tanarNl- of the aforesaid building. Suffolk County Department of Health Approval ..P/.r' . . . .. . . . . .. . ... . . . .. . . . ... . . . ... . .. . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . P/.0. . . . . . . . . . . . .. . .. . . . . .. . . . . . . .. . ... . . .. . .. .. . . .. . ... . . . . . .. .. . . .. . . .. . . . . . . . Building Inspector nw.1/at BUTAG DEPARTNENP • / TOWN OF SOUTHOLD, 14. Y. �/ D HOUSING CODE INSSP//ECTION REPORT RECEIVED Location ����� ,!'r!' l�Cr.�4 ���C2'✓L0�'1 �P Z��i (number & street Municipality MAR Subdivision // Map No. Lot(s) BOARD OF APPEALS Name of Owner(s) `�JLI'46 1..2 e"'141 Occupancy ?')u ,,,,.( type owner-tenan Admitted by: Dn""'i Accompanied by: Xey available_ -- Su££/o7lk Co. Tax No. .3 .S Source of request /�rn, Date 017 DOWELLING: Type of construction !� ' /stories / Foundation �'0=-1` (✓w Cellar Crawl space Total rooms, 1st. Fl !{t lei Wi 2nd. 1-1 — 3rd. Fl s Bathroom( ) Toilet room(s) Porch, type -- Deck, type P',,T n.rL evc, Patio, type_ Breezeway Garage rrUtility room -- Type H 1 Ile 1:4 o�»�. =harm Air — Hotwater Fireplace(s) No. Exits J Airconditioning Domestic hotwater Type heater 06c CRAG. Other ACCESSORY STRUCTURES: Carage, type const. Stora e, t �� c g type const. �Oe c swimming pool _- - Guest, type const. — -- Other i GLATICNS: Housing Code, Chapter 52 i.Ocation Description Art. Sec. iCrnr.-,_ .,.eC P (a :icmarks• ^ c� .I Inspected by: m , - <.a- Date o£ Insp. % r :{ — Time start (.j30 end 13 j FORM NO. 4 • RECEII%EE � TOWN OF SOUTHOLD �A� 06 ZO�� BUILDING DEPARTMENT Office of the Building Inspector BOARD OFAPP Town Hall EAl$ Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20391 Date DECEMBER 4 1991 THIS CERTIFIES that the building ALTERATION Location of Property 6BO RABBIT LANE EAST MARION N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 31 Block 18 Lot 15 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 20, 1989 pursuant to which Building Permit No. 18538-Z dated SEPTEMBER 22, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS TO EXISTING NON-HABITABLE ACCESSORY GARAGE The certificate is issued to RICHARD & ROSEMARY FRIZZI (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-025579 - NOVEMBER 14 1991 PLUMBERS CERTIFICATION DATED NOV. 26, 1991 - RICHARD FRIZZI Building Inspector Rev. 1/81 Form No. 6 RED EIVEO Tows OF SOUTHOLD BUILDING DEPARTMENT MAR 0 6 2013 TOWN HALL 765-1802 BOARD OF APPEALS APPLICATION FOR CERTIFICATE OF OCCUPANCY A. This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form) . 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. - B. For existing buildings (prior to April 9, 1957) non-conforming uses,. or buildings and "pre-existing" land uses: 1 . Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $5.00 over 5 years - $10.00 4. Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15..00,, Commercial $15.00 Date . . . . . . 9< . /_f. . . . . . . . . . . . . . . . . . . . . . . . . . . New Construction.. . . . . . . . . . Old Or Pre-existing Building. . . . . Location of Property. . . . . 9 � ?q. . . . . . . . .. . .. . 6,b,�„ . . . . . . . . . . . . . . . . . . . . . . . . House No. �J 1 / Street Hamlet Onwer or Owners of Property.. . . ��: °�,/ .�7�,5,C^,"`,'"^� Fn�;I,ZZI County Tax Map No 1000, Section. . . . . �. . . . . . .Block. . . . , �6 . . . . . . .Lot. . . . . . . Subdivision. . . . . . . . . . . .. .. .. . . . . . . . . . . . . . . . . .Filed Map. . . . . . . . . . . .Lot . . Permit No. . . r��g,Z, . .Date Of Permit. . . .9J. y. .Applicant. .if, „LJ Fr 1z ?,1 health Dept. Approval. . ... . . . . . . . . . . . . . . . . . . . . .Underwriters Approval. . . . . . . . . . . . . . . . . . . . . . . . . Planning Board Approval. . . . . . .. . . . . . . . . . . . . . . . . / Request for: Temporary Certificate. . . . . . . . . . . Final Certicate. . . .✓ Fee Submitted: $. . . . . . � C c. `l30 y/ e o z a o 3 APPLICANT TOWN OF OTHOLD RECEIVE® ZING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT \CJ�j ` Do you have or need the following,before applying? TOWN HALL MAR 06 2013 Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL:(631)765-1802 BOARD OF APPEALS Planning Board approval FAX:(631)765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form p N.Y.S.D.E.C. Examined 7 / 20 C I Trustees ontact: Approved ,20_ Mail to: Disapproved a/c r3 � v Phone: Expiration ,2 Buil mg Inspe for .! 1 FEB Z 2 2013 LICATION FOR BUILDING PERMIT JI U Date a'— Zl ,20 /3 Bill".oeri. INSTRUCTIONS y fit Solo60l0 a;-Thisa its on 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 Inc;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 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 9d Iations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature o applicanttp9�name if corporation) f3ro2o �}rC(/,f �cNa 56� io/d by //J'71 (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Name of owner of premises ,t iP1,ja1y,�p1 Tr,Z•L 1 (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. Locati n of land on wly�h groposed work will be done: r /S aC1Fir f /_one_ G s /lea too House Number Street Hamlet Y, County Tax Map No. 1000 Section 3/ Block /8 v Subdivision Filed Map No. y,':e-. (Name) _.._. ,o; r::...-_ ,. 2. State existing use and occupancy of premises an nded use and occupancy of proposed construction. L 6 D a. Existing use and occupancy C)kt&e ._ L RECEIVED b. Intended use and occupancy_ 3. Nature of work check which applicable):New Building_ MAR 0 6 2013 ( Addition Alteration Repair Removal Demolition Other Work (Description) BOARD OF APPEALS 4. Estimated Cost (2 3 oo�m c - Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars �- 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. IVIA 7. Dimensions of existing structures,if any:Front Rear C' Depth /0 3 Height Number of Stories / Dimensions of same structure with alterations or additions: Front Rear Depth oty- Height Number of Sto0jg i r b�irhrn 8. Dimensions of entire new construction:Front `�yo JW Rear�_Depthi36 Height o'26 ' Number off Storied /.aeozw .t, 9. Size of lot:Front a7 `f Rear—_ </o�94 Depth /O-3 10.Date of Purchase Name of Former Owner 11.Zone or use district in which premises are situated 12.Does proposed construction violate any zoning law,ordinance or regulation?YES NO 13. Will lot be re-graded?YES_NO LWill excess fill be removed from premises?YES_NO X 14.Names of Owner of premises RLRmrI El Wiz, Address Phone No. Name of Architect Address Phone No Name of Contractor Address- Phone No. 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES) NO *IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?*YES X 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 OF NEW YORK) SS: COUNTY OF �/`t Ca ,/✓e u a � z/y/• //O O 1 2 being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the �fp-yyv��- ( ontractor, gent,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. Sw m to before medp's � , 'Z day of Ne.FJ 203 2 Notary Public - Signature of Applicant .' BErSY A.PERKINS Notary Pubflo,State of New York No.01PE8130636 Qualifled In Suffolk CourtM_ Commission Expires July 18,_ RECEIVED MAR 06 2013 B Richard Frizzi OARD OFAPPEALS February 6, 2013 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Mrs. Moore: I, Richard Frizzi, as owner of property known as 680 Rabbit Lane, East Marion(sctm: 1000-31-18-15), 1 hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Board of Appeals, Board of Trustees,NYS DEC, Suffolk County Department of Health Services and any other agencies. Very truly yours, Richard Frizzi FRIZZI ` RABBIT LANE, EAST MARION �� j SCTM: 1000-31-18-15 (p VED MAR 06 2013 F30ARO OFAPPEALS ,I ........... cTj F, - a Aw „ R. - i . -, VF- _ :: FRIZZI RABBIT LANE, EAST MARION SCTM: 1000-31-18-15 _-. BOARD 77 x 1a M�FaMN IC IF�a 1i IIIIIII 1111�p11111\ �N�y ra y ain yi° huii' liiill,�riainie� � v ?1���� �a1 tk '� iqu,lll 1111i1 11gIq 11 ly � a by 44 IIIIgIhlOgq 1 v •••11 °Illr4ii Ir11411 ! \Nlll�i�ii,i�iu� a TOWN OF SOUTHOLD PROPERTY RECORD CARD A ` 4- OWNER STREET ,�r- VILLAGE DIST. SUB. LOT RFC 401- 't MAR 06 yn FORMER O NER N E ACR. BOARD 7 ChQrd 1 Mar OFgpP S W TYPE OF BUILDING / L211 VA;e .. RES. SEAS. L,�60 VL. F4M COMM. CB. MISC. Mkt. Value r D IMP. TOTAL DATE REMARKS 6 01 o d a D o 1 Qrz s ap / 3 a L-v 9 L-5zsl 32 -60k.) I-TOO Z()C3 ,' 3 30 �52.. 9 ,?01 - # - CE) +P @' ins aarac, - S,ao��, o� zr 800 z o A E QE/ ©oO� L I G C D, ON NEW 7C jc MAL'Lc W a A V FAR Acre Value Per Value' j 1300 ©o i 3 bo0o Ti e 1 Tillable 2 Tillable 3 _ 640 'M3 Woodland 3 D- `'/ O Swampland FRONTAGE ON WATER �_ 7 — Brushland FRONTAGE ON ROAD House Plot DEPTH �(� ^ ^ BULKHEAD Total DOCK ■■■■■■ ■■■■■■■■■■■■■■■■■■■ i , i ' •' ■■■■■■■ ■■■■■■■■■■■■■■■■■■■ ■■■■■ ■■■■■■■■■■■■■■■M■■M ■■■■■■ �MEN■ONE■MEN■■■■■■■■ �: � ■■■■■� ■A■■■■■■■■■■■■■■■■■ n , =ia :_ � ► ,�. _ ■■■NONE�■OIOME■MMOM■■■■■■■■■ ��■■■■■�■ ■Ebb■■■■■■■■■■■■■■■■ - ■■■■ ■■ ■■NI■■■■■■■■■■■■■■■■ ■■■■■■! ■■ICI■■■■■■■■MEMO■■■■ ■NONE EO■1 ■!■!■■■■■■■E ■■■■■■■ "emmo■■■■M■■■■■■■■■■ E■■■M■■ ■■■■■■■■■E■■■■■■MOO O■M■■■■ ■■■■O■■■■■■■■■■■■■ ®� Foundation Basement .. ®® Ext. Walls • . � i . w • Town of Southold • P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/08/13 Receipt#: 147260 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6640 $2,500.00 Check#: 452 Total Paid: $2,500.00 Name: Frizzi, Richard 915 Panama Court#b3 Marco Island, FL 34145 Internal ID:6640 Clerk ID: CAROLH o��gUFFO(,�co ELIZABETH A. NEVILLE,MMC h� Oy Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 W Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .Ll Fax(631) 765-6145 MARRIAGE OFFICER O! ����' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER * www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 8, 2013 RE: Zoning Appeal No. 6640 Transmitted herewith is Zoning Appeals No. 6640 of Patricia Moore for Richard Frizzi-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated March 1, 2013, Copy of Action of the Zoning Board of Appeals No. 42 Dated January 10, 1958, Copy of Certificate of Occupancy No. Z11169 for A Seasonal One-Family Dwelling and One Accessory Storage Building Dated September 3, 1982, Copy of Housing Code Inspection Report Dated September 2, 1982 Prepared by George H. Fisher, Copy of Certificate of Occupancy No. Z-20391 for Alterations of Existing Non- Habitable Accessory Garage Dated December 4, 1991, Copy of Application for Certificate of Occupancy Dated September 11, 1991, Copy of Application for Building Permit Dated February 21, 2013, Authorization Letter from Richard Frizzi to Patricia Moore to Represent Him in this Matter, Three Photos of Property as it Exists, Two Pages of Property Record Card, Copy of Survey Showing Property as it Exist Dated January 14, 2013 Prepared by Peconic Surveyors, Plans Showing Elevations, Floor Plans Site Information Dated February 14, 2013 Prepared by Chorno Associates, • Page 1 of 1 Toth, Vicki From: Joseph Chernushka [Joseph_Chernushka@nationaldistribution.com] R Sent: Wednesday, April 03, 2013 1:36 PM �CFrVF� To: Toth, Vicki APR Cc: jchernvs@optonline.net eO '� ?0 Y Subject: [New Sender-] - Richard Frizzi#6640 request for variances April 4, 2013 meeting Poop Attn: Leslie Kanes Weisman, Chairperson Apot_ Zoning Board of Appeals One of our concerns regarding the Frizzi property is where the septic system will be located . Will it be in the current location or a new location? It is difficult for us to comment on building location & "set backs" not knowing where the septic system will be located &what ramifications may come in to play if a totally new system is required. Would it be allowed between our houses? Another concern is, with our houses very close to each other, how will our property be protected from damage during demolition and construction ? Frizzi's are great neighbors and we hope this project goes forward smoothly for them. Regards, Joseph and Joanna Chernushka 640 Rabbit Lane East Marion, NV 11939 4/3/2013 BOARD MEMBERS • 0 Southold Town Hall Leslie Kanes Weisman,Chairperson O�Q►OF so�ryo 53095 Main Road•P.O.Box 1179 l �O Southold,NY11971-0959 rt �t Office Location: George Hornimin Gerard Go n ger H Town Annex/First Floor,Capital One Bank g `,�. • �O 54375 Main Road(at Youngs Avenue) Ken Schneider CO Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO Date: March 26, 2013 To: Jim King, President Board of Trustees From: Leslie Kanes Weisman, Chairperson Board of Zoning Appeals RE: Variance application, Frizzi #6640 Comment: The Zoning Board is requesting comments from the Town Trustees on the above noted application. The hearing is scheduled for April 4, 2013. Attached is a copy of the complete application,please review and forward your comments to our office at your earliest convenience. Thank you. BOARD MEMBERS 0 f Sour • Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�l 53095 Main Road• P.O. Box 1179 O Southold,NY11971-0959 Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing �� • �O 54375 Main Road(at Youngs Avenue) Ken Schneider COUNN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 4, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, APRIL 4, 2013: 2:15 P.M. - RICHARD FRIZZI #6640 - Request for Variances from Article XXIII Section 280- 124 and Article XXII Section 280-116B and the Building Inspector's March 1, 2013 Notice of Disapproval based on an application for building permit for construction of a new single family dwelling: 1) less than the code required minimum single side yard setback of 10 feet, 2) less than the code required minimum combined side yard setback of 25 feet, 3) less than the code required minimum rear yard setback of 35 feet, 4) more than the code permitted maximum lot coverage of 20%, 5) less than the code permitted bulkhead setback of 75 feet, located at: 680 Rabbit Lane (adj. to Gardiners Bay) East Marion, NY. SCTM#1000-31-18-15 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 contact our office at (631) 765-1809, or by email: Vicki.Toth(cDTown.Southold.ny.us Dated: March 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : FRIZZI , RICHARD # 6640 SCTM # : 1000-31 - 18- 15 VARIANCE: BULKHEAD SETBACK/YARD SETBACKS & LOT COVERAGE REQUEST: CONSTRUCT NEW SINGLE FAMILY DWELLING DATE : THURS . , APRIL 4 , 2013 2EM15 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK 1 -- ----- ------------------------------------------------------ In the Matter of the Application of L(' AFFIDAVIT RICHARD FRIZZI OF #6640 MAILING (Name of Applicant) CTM Parcel # 1000-31-18-15 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: Cl� On the I Jj of March, 2013, 1 personally mailed at the United States Post Office in Southold, 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 ( X ) 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 property. 1 � , (Signature) BETS KINS Sworn to before me this 9 T� day of March 2013 (�otary Public)Public) MARGARET C. RUTKOWSKI Nota,y Puo!ic, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, oZ�/S— • FRIZZI NEIGHBOR MAILING LIST SCTM: 1000-31-18-15 WM. E&A LEHMAN TRUST ro 120 CORSICA WAY xl KISSIMMEE FL 34759 � SCTM: 1000-31-18-16 ED BETSCH PO BOX 92 EAST MARION NY 11939 SCTM: 1000-31-17-16 JOSEPH &JOANNA CHERNUSHKA 845 BAY AVENUE EAST MARION NY 11939 I SCTM: 1000-18-20.1 G RECEIPT RECEIPT 71 Nt 2438 8090 DOW 0709 71042438 N90 WOO 0716 RECEIPT FROM: FROM: 7104 2438 8090 0000 0723 Moore Law Once Moore Law Office FROM: RE:frizzi zoa RE frizz:zDa Moore Law Office RE'.frizz;zCa SEND TO: SEND TO: WM,E 8 A LEHMAN TRUST EO BETSCH SEND TO: 120 CORSICA WAY PO BOX 92 JOSEPH 8 JOANNA CHERNUSHI KISSIMMEE FL 34759 EAST MARION NY 11939 845 BAY AVENUE EAST MARION NY 11939 FEES: FEES: Postage o45 Postage 0.46 FEES: Cetum Fed Y$�5 Certified Fee 295 Postage 0.46 RaWm g¢fe�N ��iT�5y7�.� Retum Receipt 2.35 CertRetl Fee 2.95 Resiri r/ � Restricted Retum Receipt_ 235 TOTA4'�( g•��v` TOTAL _ Restdaed;�Y , POS`rf X�RK�Tit�ATE i 1 ^ � TOTAL''''''/''0''',,,,,,///„/// $5`76 �' P POS K OR DA POS ARK OR I �� ,\� - MOORE LAW OFF <. Restricted Delivery? 3.Service Type �^ 51020 MAIN RO (Extra Fee) • CERTIFIED SOUTHOLD NY 11971 2. Article Number I - 7104 2438 8090 0000 0723 A.Signature: A • or A9ent1 IIIIII IIIIIIIIIIIIIIIIIIIIIII IIIIII II III I B. Receive By'. (Pease Print Clearly) 7104 2438 8090 0000 0723 I r I C.Date of Deliv 1. Article Adtlressetl To: I jD.Addressee'sAcidress mol mMFmmAEmssUj@dbysend&4 8O4 BA 5 B 8Y A VO AN N A C H E RNU SHK A VENUE Ak EAST MARION NY 11939 "- j SecenEary Atltlress I a e I A I Floer(Please Prinl Clearly) 3 F` x I Delivery Atltlresa . (EL I CITY -�� �-- ��- ��- Stale ZIP r 4 Cafe �. sue. 1 l y MOORE LAW OFFICE 4. Restricted Delivery? 3.Service Type ! I j I 51020 "MAIN ROAD (Extra Feel Yes CERTIFIED j SOUTHOLD NY 11971 2. Article Number j 7104 2438 8090 0000 0716 A. afore (oAddr lc or Agent) pllll IIIIIIIIIIIIillllllllll Iillllll III j `- B.Received B (Please Print Clearly) I y 7104 2438 8090 0000 0716 I 41S-Tsc jC.Date of Delivery 1. Article Addressed To: -3 13 ED BETSCH j D.Addressee's AddressrnDm.�e,Fmmnemas.Uswbyse1a.A PO BOX 92 j EAST MARION NY 11939 jSecantlary Rtltlress/Suile(Npt.I Flaor(Please Pnnt Clearly) j �Dellvery Atldrea 1 - ...__.....__......._...__-_... ZIP�d'coae ji cur i ZC c r a_ f J TOWN OF SOUTHOLD ZONING BOARD OF APPEALS / SOUTHOLD,NEW YORK �O AFFIDAVIT OF In the Matter of the Application of POSTING 7,(Z IZZ I (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- S I - ! 3-- COUNTY OF SUFFOLK) STATE OF NEW YORK) /� Y, �JCJSP.� �,' SID'i"eta residing at /� i r� 0 New York, being duly sworn, depose and say that: On the day of M al 64A-- , 2013 , 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 (10) 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 remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to b ,/ � cPUl3 gnature) Sworn to before me this Day of 1 '/�Y ',�," 1 201-3 BETSY A.PERKINS Notary Public,State of New York No.01PE6130636 y ) Qualified in Sutfolk Coul of Pu is Commission Expires July 18,X-43 * near the entrance or driveway entrance of my property, as the area most visible to passerby. 0 � (z j ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 11, 2013 Re: Town Code Chapter 55 —Public Notices for Thursday, April 4 , 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible AND not later than March 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 27th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 2, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Ix #11122 J STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 28th day of March. 2013. rincipal Clerk LEGAL NOTICE �..... _P1 this r day of r 2013. 11:15 A.M.-NICHOLAS and MARY — SOUTHOLD TOWN ANTONUCCI#6638-Request for Vari- ZONING BOARD OF APPEALS ante from Article XXIII Section 280-124 THURSDAY APRIL 4,2013 and the Building Inspector's February PUBLIC HEARINGS 21, 2013 Notice of Disapproval based j NOTICE IS HEREBY GIVEN,pur- on an application for building permit suant to Section 267 of the Town Law and for additions and alterations to existing Town Code Chapter 280(Zoning),Town I single family dwelling: 1) less than the of Southold,the following public hear- code required minimum front yard set- CHRISTINA VOLINSKI ings will be held by the SOUTHOLD back of 35 feet,lelated at TM Shipyard TOWN ZONING BOARD OF AP- Lane (corner Laudon Road) Southold, NOTARY PUBLIC-STATE OF NEW YORK PEALS O the Town Hall,Southold, Mein- NY SCCM#1000-644-M NO. 01 V06105050 Road, P.O. Box 117o Southold, New York 11971-0959, on TNURSDAY f liY PM. La's f-LaVEC- Qualified In Suffolk County y'MA.,I - RE4uect for Variance APRIL 4.M.- il_' My Commission Expires February 28. 2016 9d0 A.M.-KIMOGENOR POINT. from Article III Code Section 280-15 INC. (BINGHAM) - #6550 - Re- and the Building Inspector's January 23, AN-PJM.-JOHN SPHRO#66_'+rs•Be- 2013 Ndtice of_D oval based on an quest for Variances from Article XXID Opened per Board Resolution. Based appBcation foi, 1r1B1 `petmjt for au - Section 280-124 and Article III Section on [M1e Building Inspector's March S, the code required bulkhead setback of accessory in ground a pod,at: 75 feet,locate 280-15 and the Building Inspector's Febm- 2013 Notice of Disapproval based oe d at: 3055 Wells Avenue work performed is beyond the scope of 1) accessory in grounds Pool (adj. to Jockey Creek) Southold, NY. art'14,2013 Notice of Disapproval based the ZBA decision,l)deemed a demdi- is proposed in a location other than the SCPM#1000-704-11 w an application for building permit for tion and construction of new single fam- code required rear yard'located at:908 2:15 P.M. - RI CHARD FRIZZ, additions and alterations to existing single Private Road#2,(ake Birds Eye Road) family dwelling and to construct an ii ce ily dwelling,located at:50 Jackson Street 1 f16640-Request for Variances from Ar- cory shed:1)less than the code (adj.to Great Peconie Bay)New Suffolk, orient,NY.SLIM#1000.1?-2. .5 title XXIII Section 280-124 and Article required N. . `NY.SCTM#]000.1166 `PM. -24.1I'S . RATHF.�M� XXII Section 280.116B and the Build- rear yard setback of 50 feet for single fam- D)�#.S.M6639 - Request for Vari- in I 11y dwelling,2)accessory shed proposed in 15 A.M.-T Re-Opened per B SPURGE- arrces fm Article XXIII Section 280- i proctor's March 1,2013 Notice of Lion- - questfrV per Board Article m Disapproval based on an application location other than the code required rear �'.dingthe and Article III Section January and yard,loped at 340 Glenwood Road Cu- the-Request for Variance from Article for building permit for cng:1)less of a Sue,NY SCTM#1000-110-6-5 tlse Xuilding Inspector's January 22, tcho Inspector's Section sober 1 and the Updated 2013 Notice of Dsapproval based oo an new single family dwelling:1)less than The Board of Appeals will hear all Inspector's Octoberce f Di Updated the code required minimum sin a side March 5, 2013 Notice of Disapproval ' application for building permit for cos- Yazd setback of 10 feet,2)less than the persons or their representatives, desir- struction of a new single family dwell* ing to be heard at each hearing,and/or based de an application for building per- code required minimum combined side mil to demolish and construct new single and accessory a cod required min pool: yard setback of 25 feet,3 less than the before to submit written statements 1)less than the code required minimum ) before the conclusion of each hearing. family dwelling:])less than the code re- code required minimum rear yard set- g quired minimum rear yard setback of 35 front yard setback of 35 feet,2)less than back of 35 feet,4)more than the code Each hearing will not start earlier than the code required minimum rear yard designated above.Files are available for feet,located at:3145 Manhansel Avenue setback of 35 feet,3 more than the code permitted maximum lot coverage of 8 Gr10:45 A.M. - TM#1000.43-1-7 20°l0, 5) less than the code permitted review during regular business hours 10H .M. - F O TS C. and permitted maximum lot coverage of bulkhead setback of 75 feet,located at: and prior questions, sti day le the hearing If KATHLEEN M. FOLTS #6536 - Re- P of pr accessoryd inin-groundlocatin swimming 680 Rabbit Lane(adj.to Gardiners Bay) office you have contact our pool proposed in a location other than Opened per Board Resolution - Re- Past Marion,NY SCTM#lIXq-31-18-15 the code required rear yard,located at Vicki Toth@Town Southold us quest for Variance from Article XXII, 2.40 P.M. - ROBERT and DEANA +BY 300 Fiddler Lane(comer Meadow Lane) Daled:March 11,2013 Code Section February 1 and the Building FINORA f16642-Request for Variance Greenport,NY.SCI'M#1000-36-2-10 ZONING BOARD OF APPEALS Inspector's February 11,2013,Notice of from Article III Code Section 280-15 LESLIE KANES WEISMAN,CHAIR- 1:5b PM -STEVEN and YVETTE Disapproval based on a building permit and the Building Inspector's February EINCZIG#6637-Request for Variance PERSON application for demolition and constmc- e 15,2013 Notice of Disapproval based on Article XXII Section sJanua (B) and BY:Vicki Toth lion than a new single family dwelling,at: the Building Inspector's January a Zap- an application for building permit to con- 54375 Main Road(Office Loration) less than the code required riprap set- struts accessory building,at: accessory back of 75 feet,located at:90 Oak Street Notice of Disapproval based on de ap- building is proposed in a location other 53095 Main Road(Mailing/USPS) (Harbor Lane) (adj. to East Creek lition an for building permit for demo- than the code required rear yard,located P.O.Box 1179 a/k/a Eugene's Creek) Cutchogue, NY. hvon and reconstruction of an existing at:165 Orchard Street New Suffolk,NY. Southold,NY 11971-0959 errseal nrn 116 t � single family dwelling at; 1) less than SCTM#1 O(If1-117-S-e4 11122-lT 3/28 BOARD MEMBERS 0 0 Southold Town Hall Leslie Kanes Weisman,Chairperson so 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer u, Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider Mum� Southold,NY 11971 http://southoldtown.noithfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 March 7, 2013 Mark Terry, Principal Planner MAR — g 2013 LWRP Coordinator Planning Board Office Southold town Town of Southold Planning Board Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6640 FRIZZI, R. 1000-31-18-15 Dear Mark: We have received an application to construct a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-513 is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Lesl' K. eis an Cha s By: Office Location: O�a�F $0�jy0 Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) # P.O. Box 1179 Southold, NY 11971 CORVICSouthold,NY 11971-0959 y�OUNiV, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 March 7, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6640 Owner/Applicant : FRIZZI, R. Action Requested: Construct a single family dwelling, setbacks, lot coverage and bulkhead setback. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie . Weisman ZBA irperson By: Encls. :A k - BOARD MEMBERS tF sou Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 l� l� Office Location: Gerard P.Goehringer co Town Annex/First Floor,Capital One Bank George Horning A • �O 54375 Main Road(at Youngs Avenue) Ken Schneider �yCOUNTY Southold,NY 11971 http://southoldtown.nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809• Fax (631)765-9064 April 19, 2013 Patricia Moore, Esq. 51020 Main Road Southold,NY 11971 RE: ZBA Application#6640 -Frizzi Dear Ms. Moore: Transmitted for your records is a copy of the Board's April 18, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. 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