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Home My WebLink About4566i APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��gOFFO(KCp� o y` W x W • BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 14, 1998 Appl. No. 4566 - FRANK BERTETTO PARCEL 1000-47-2-18 STREET & LOCALITY: 695 SHORE DRIVE, GREENPORT DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property fronts along the easterly side of shore Drive, Greenport, Town of Southold, and contains a total area of 9375 sq. ft. The April 25, 1998 survey prepared by Anthony W. Lewan- dowski, L.S. shows that the subject premises is improved with a one-story frame house. BASIS OF APPEAL: Building Inspector's April 7, 1998 Notice of Disapproval which reads as follows: "The "as built" garage addition, being located on a non -conforming lot under 20,000 sq. ft. in an R-40 Zone, is required to have side yard setbacks of 10 feet and cumulative of 25 feet pursuant to Article XXIV 100-244B. Building Permit #24632Z was issued for the garage addition based on a survey submitted dated June 13, 1961...." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 16 ft. by 26 ft. attached garage addition. The setback is proposed at 11'3" from the side property line, and the cumulative total of both sides yards is proposed at approximately 21'4" for both sides. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because garages are a customary use in residential areas. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the fact that the applicant has already built the foundation of the garage relying on a building permit issued by the building inspector. (3) The requested area variance is not substantial, representing a reduction of approximately 22% of the required setback from the side yard and approximately 15% of the total side yard requirements (for approximately 4-1/2 ft. total reduction). Page 2 - May 14, 1998 Appl. #4566 - 1000-47-2-18 (Bertetto) Southold Town Board of Appeals (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The situation has not been self-created because the applicant built the foundation relying on the building permit issued by the building inspector. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS, AND HORNING. (Member Tortora abstained because she wants written reasons for action prepared before voting.) This RESOLUTION WAS DULY ADOPTED -44-0. with _z x_ gtevAinnl. ....... . .. _. , ' , Approved for Filing 5/18/98 ******************************** AS400 / txtlk /actions. all/47-2-18 RECEIVED AND I LLED BY 1 :L SOU 1.ILID DATE ®S��y�� 7HCUR �CioaijGC. Town Clerk, Town of Sout_:old N01 -35-1- on al fora to on with. an I setback at 1090 Gold gue; 1000. No. 4566- 0. Vari- .XlV' Seo� d up" the a April 7, )proval for Pending building permit No. 246322 was issued 2/3/98. Lo- cation of Property.- 695 Shore Drive, Greenport; 1000-47.2- COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for .......................................... .......... I ............... weeks successively, co mencing on the .'5 D 'o ............. 'U- �+' ............ *A .......... ............ ........... . ... ........................ ......... I .. .. .... Sworn to before me this......... I - - ,......:day of ....................... a P.4'4�. q'4> .... .. ............................... . 19 ... /.2 ............ ..... Notary Public BARBARA k SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk I Commission Expires 13-11V i FORMN0.3 TOWN OF SOUTHOLD BUILDING DEPARTMEM TOWN HALL SOUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 24632 Date ..... FE.P.RV.)#3Y.......................:.......... 19...9.[3.... Pertnisslon is hereby granted to: FRRNK,, $EFtTETTO........... NA...ST..........................:....... AST,13R:i.Aa:N.Y...d.j LQ:S............................. to.......... GQNS.TR?U.GT...A..GAEiAG ..............A:WA...FQR....................., ................................ .............. ......................... ................... .................................... .. at premises located at ........, 645„ SHORE DR Sf2EENPORT,;,, ................................... County Tax Map No.._. 23889..... Section ...047 :............ Block .....0002........ Lot No. 018............... Pursuant to application dated ... DECEM9EF 29 ...... 19.... 97 ...,, and . ................. . approved by the Building Inspector. Fee $........5.00 ............... ...................... ding Inspectorr Rev. 6/30/80 APR 7 1998 I fooP TOWN. OF SOUT11OLD, .NEW Yo RX APPEAL FROM DECISION OF BUILDING INSPECTOR �S AFtPEAL t®•lO. DATE ...1 Sd(�.`.�...J..y.k.l 1... TO TI IE ZONING BOARD OF PPEALS TOWN OF SOUTIIOLD N. Y. p� L9S 4D I, (We) ....�.fi®1..®.1.:ikl .. ........ ...of ...,., .,.......:eli*SL�1�...SJ().. as.1 e5s Name of Appellant Street and Number ... � j ............................ 11 ..........HEREBY APPEAL TO �L . Munict �ality State THE ZONING BOARD OF APPEALS FROM TTIIIE DECISION OF TI IL BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..... fie„?.� ...,... DATED ..... ..!...... ... ZIP(/ r YY WHEREBY THE BUILDING INSPECTOR DENIED TO U .._...... ....... r_ s� ............... Nome of Applicant for permit �j of ............ �9 ....LI L%....'t?(!"i'1..........C:.�z t� .......... ... � .................. Street and Number Municipality State. ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY............... tID.h pf.tLA&t...il:,( v. ....... Street /hamlet / Use, se istrict on Zoning Mop District 1000 Sectian� Block Lot ......_ ......._ .... ..._... .....111..Cnrt•ent Darner Mop No. �� Lot No 2 Prior Ownet y j� J --r-- 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance - Article 1D--44XXI0ectiott 19Q — ;-uE'-/ JS 3TYPE OF APPEAL Appeal is made herewith for (Tease check appropriate box) (J) AVARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (Stale of New York Town Law Chap, 62 Cons, tows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ) (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Suchappeal Was ( ).request for a special permit ( ) request for a variance andwas made in Appeal No . ................................ Doted ............................. r........................................ FOR APPEAL ( A Variance to Section 280A Subsection 3 V( ) A Variance to the Zoning Ordinance is requested for the reason that e� ' k '��A � l -A a �� fiF4 �� o tib Foran znd (Continue on other side) TOWN OF SOUTHOLD �- BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To Frank Bertetto P.O .Box 134 Greenport, New York ,1 194 _ . • _ _ _ _ _ . DATE:April 7, 1998 gu s: a- -a21 2- `F 2 & -3 5a.1'- • - 1-717Y-a`79g��yr 4' r76DY� \j2., J s-' 0,3kr ,'& /110 PLEASE TARE NOTICE that your application dated .December 29 19.97 for permit to construct a garage addrt on "as built" .......................................... Location of Property ,.•.695. Shore' ........... Drive Greenport ••.............. House No. Street Hamlet County'TaxMap No. .1000 - Section ..47....... BLOCK ..2 -------- .LOT j$ ........... Subdivision ------------------------------- Filed Map No. Lot No. ....... is returned herewith and disapproved on the following grounds ........... The it built"_garage_additiont_being_located-on anon -conforming lot under 20,000 ......... . feet;in an 8-40.Zone, is required to have side yard setbacks of 10 feet and cumulative ....................... 9f,2Sfeet_iaursuant to Article &%IV 100-244B. Building_Petmit.#24632-Z was issued . .......... ,_for,.the garage_addition based on a survey submitted dated June 13, 1961. •• ................... _ Action required bthe_Zoning Board of Appeals. •••.. ..................... .e..........._......._.._...I......................... . RV 1/80 %C'SED LAIVO LE k 2t 1,4VI-110,41t-' ol fi Z-W,42e ' �14Ill W 11,1 1.1 1,4VI-110,41t-' MAY �14Ill W 11,1 1.1 ?' Y�l��p i rrrr�ad triT�' �� 1 a%�%s�� .F p��$��'I� ��}��i��,r+��+tAFr�� ` �. � 9 �t�rr��t r )��k k rry�' is �` r a .'ia� � a t �� t� a �:nPtsQ�F`' l�s�"!�i r f i, ,i� � •, i �. �1 �$ [7 °a NNpt � d:l �Lr .�. OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 ............................................................... April 20,-1998 Re: ZBA Application Hearing Date: May 14, 1998 Dear Applicant: For your records, please find- enclosed a copy of the Legal Notice which will be published by our office in the current issue of the L.I. Traveler newspaper. Under. the requirements of Chapter 58 of Town Law, we are requesting that notice of this hearing be. sent by certified mail, return receipt requested, to the all- surrounding property owners together with a copy of a map or sketch describing the setbacks and building (s) These mailings must be postmarked by 5/1 and -be forwarded to all owners of vacant or.improved land across streets and along all sides abutting the boundaries of the subject lot. , Please also post the enclosed sign in the location provided by Ch. 58 of the Code (i.e., within -ten (10) feet of, the front property line facing the street, for a period of not less than seven (7) days). The sign may not be .posted later than 5/6. (If the sign is torn or removed due to adverse weather conditions, let us know and another sign will be provided.) After the -above has been done, please furnish- a completed, notarized Affidavit of Mailing/Posting with the white certified mail receipts (postmarked by the post office) for our. file prior to the hearing date. The return receipt green cards may be returned at the hearing after they have been returned to you. If you have questions, please feel free to call. Very truly yours, Office of the ZBA Enclosures applicant.ln.doc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James vinizio, Jr. Lydia A. Tortora George Horning Lora S. Collins Mr.frank Bertetto Box 134 Greenport, NY 11944 � Z oy�Ol �ao� BOARD OF APPEALS TOWN OF SOUTHOLD May 18, 1998 Re: Appl. #4566 - Variance for Garage Location Dear Mr. Bertetto: Southold Town Miall 53095 Main Road i P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 i Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination adopted at a Meeting held May 14, 1998, at which you were present. We are furnishing the Building Department with a copy for their open permit application file. You may wish to contact the Building Department directly at 765-1802 as a follow-up to this variance decision, asking that your application for a building permit be reactivated under the permit -review process. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Attachment (ZBA Decision) Original Decision filed with Town Clerk's Office Copies transmitted to: Building Inspectors' Office FOLLOW-UP and UPDA'rls FOR YOUR RECORD: TO*: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: Z�� /� , 199S Attached is an original) ( copy) of %AJ (hew .information added o e original Tpwn ZBK file) re: Pending Application of � !- Other Comments: . # of: Pages Attached: Z Placed in Members' office mail boxes for update on L///t /9% by XtC, --------------- Board.Trans Robert Bassolino R. A. Architect 28-55 214th PLACE - BAYSIDE, NY 11360 - mmKommM718-225-9161 �' N Iii�l,C� ��•��o cs � �EPP,� �5 4- P -W T, N 'f 0 �. - �� MAP UF.., ... t, � . •. -+ • , , - .. AT GRrFNPOR.T �HoREs `1"owN of Sov-rNo�a, N.Y. Scale 40'= 1'� Guc�ircxtitQed i -o -tkG Ti•+1 e GUdraOe-e- CoWlydt+y as surYCljocl JuH-d 13,.19re1_ awl, e sed Siit�v� ors 1. Lot "Uttibero shpwti ye4eY }o map of GreeripoyA Stioy-es --- Sec-tio" I ") filed il, +lie Suffolk Couh+4 Clerk's office ds Map Ns'-' IZS9. 2 UNDERWRITERS CERTIFICATE HR FIRE REQUIRED PROVIDE'/ BATED erpARATinN TO PART. 717.3 (f)'(1) OF N.Y. STATE BUILDING _CODE. , Lo S S� CQ� Uo NS-TCri: N � V� r.��R of G•� � Ac:� � , r FLwA,t%4 OCCUPANCY OR �►PPOovED As NOTED USE IS UNLAWFUL F`r*15.6v BY: ROUT CERTIFICATE. NonFy BUI ING DEPARTMENT AT 0 FANCY FOLLOWING INSPECTIONS: 765-1802 9 AM TO 4 PM FOR THE _ +tZw✓I`i J7' � t't.As;� p4 k i'"�`tf f��..i-) S• . 1 FOUND 0!f : TWO REQUIRED 0 I ! -p \ FOR POU IED CONCRETE 2. ROUGH 'FRAMING 8. P NG � 3. INSULA N :"_: Y. N 4. FINAL -CONSTRUCTION MUST L BE COM LE FOR T;:O.'i CON UCT.ION -SHALL MEET - $UtG.. DIN ��LE O 0 REMENTS OF THE. N.Y. STATE- CO STIJUCTiON.-A ENERGY R CODES. RESPONSIBLE' FOR DESIGN 0 CONSTRU4'ION ERRORS (CJI ►1_y 16' afi ...� ............. _ r.e.....,.� T 1 " ,�tiFtED qkC � 1 ' e.3s ti% LOQ L., ��-a' * r'� K44- D 15 TA4JGf LOT L P K, ' F*=4?: iI o y . SSa tZ7' Wil'(_ Vj 44 I, it AP , M (14 = ll_- I FAc '. pF o. STAGE -- ._ rl,642G'H,{T S• GT: nAT ; ^ ` _ ► .: ' .. _2- a S-75 � 2 a.-�-pr.. , .�r51 W r r 3�co -75 2, M .mow � �w�••�'•+ � vwaa..a OCCUPANCY OR �►PPOovED As NOTED USE IS UNLAWFUL F`r*15.6v BY: ROUT CERTIFICATE. NonFy BUI ING DEPARTMENT AT 0 FANCY FOLLOWING INSPECTIONS: 765-1802 9 AM TO 4 PM FOR THE _ +tZw✓I`i J7' � t't.As;� p4 k i'"�`tf f��..i-) S• . 1 FOUND 0!f : TWO REQUIRED 0 I ! -p \ FOR POU IED CONCRETE 2. ROUGH 'FRAMING 8. P NG � 3. INSULA N :"_: Y. N 4. FINAL -CONSTRUCTION MUST L BE COM LE FOR T;:O.'i CON UCT.ION -SHALL MEET - $UtG.. DIN ��LE O 0 REMENTS OF THE. N.Y. STATE- CO STIJUCTiON.-A ENERGY R CODES. RESPONSIBLE' FOR DESIGN 0 CONSTRU4'ION ERRORS (CJI ►1_y 16' afi ...� ............. _ r.e.....,.� T 1 " ,�tiFtED qkC � 1 ' e.3s ti% LOQ L., ��-a' * r'� K44- D 15 TA4JGf LOT L P K, ' F*=4?: iI o y . SSa tZ7' Wil'(_ Vj 44 I, it AP , M (14 = ll_- I FAc '. pF o. STAGE -- ._ rl,642G'H,{T S• GT: nAT ; ^ ` _ ► .: ' .. _2- a S-75 � 2 a.-�-pr.. , .�r51 W r r 3�co F BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of (� (Name of Applicants )------ -- --------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, T-tz�� tD414 AFFIDAVIT OF MAILING AND POSTING li ltf MAY 51998 residing at � � � ,� NVWW rA l New York, being duly sworn, depose and say that: 1) On the y Sl day of 1998 , I personally mailed, by certified mail, return receipt requested, a 'true copy of the attached Legal Notice, addressed to each of the following named t persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested (attach post office receipts here) : Name of Surrounding Property Owner Mailing Address it 2) On the day of 199, I personaeposted the subject property iden ed as Distri ('A 1000, Section 4 , Block. r_, Lot 10 _, by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has remained in place for seven full d prior to the subject hearing date, which is M1 1998. Sworn to before me this(signature) - o?nd--day of ` 199F. CR YSTALRJ �q 6_ A . ftyPi� o. Sm NGvaYetk- Nota Public { i� **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments J noted where applicable.) § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is a molete,. . the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving, of notice: i-- r--* A. By causing a notice giving the' time, date; place and nature of the hearing to be published . in the. official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The .sign shall be set back not more than. ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven_ (7) days immediately preceding the date of, the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision.. C. By requiring the applicant to send notice to the owners of record of every property which abuts and. every property which is across from any public or private street § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such .,'.,-:_notice shall be made by certified mail, return receipt -requested, posted at least seven (7) days prior to the date i:f the initial�rpublic�;'hearing on the application and address ' tI" ',e'owi is at:the addresses listed for them on the localLasse.Rsmentroll. The applicant or agent.shall Me an"'affidavit=>Ftlai, s/he; has complied with this provision. •CRs 8&jP47G0*AASX* NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: �.2nv,(� �E�eTETTd DATE OF PUBLIC HEARING: ��s•. �IyY�t; �99P G3e P�'. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD o (516) 765-1809 ✓AR�A�NCE� ��bE �A� �S�T89��CS NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 14, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law, and the Code of the Town of Southold, the following applications will . be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York ;11971, on THURSDAY, MAY 14, 1998 at the time noted below (or as soon thereafter as possible) : { 6:45 'p.m. Appl. .No. 4565 - STEVEN ZUHOSKI. Variance under Article XXIV, Section 100-244, based upon the Building Inspector's March 30, 1998 Notice of Disapproval, for a proposed garage addition with s an insufficient side yard setback at property known as 1090 Gold Spur Street, Cutchogue; 1000-95-4-18.12. 6:50 p.m. Appl. No. 4566 = FRANK BER.TETTO,. Variance under Article XXIV, Section 100-244B, based upon the Building Inspector's April; 7; , - 1998 Notice of Disapproval for an "as' built" garage ,addition. Pending building permit- No. 24632Z was issued 2/3/98.. Location of Property: 695 Shore Drive, Greenport; 1000-47-2-18. 6:55 p.m. Appl. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P. Variance under Article III, Section 100-33, based upon the February 10, 1998 Notice of Disapproval issued by the Building Inspector, to locate- a proposed accessory garage in an R-80 Zone District in an area other a Page 2 - Legal Notic Hearings for May 14, 1998 Southold Town Board of Appeals than the required rear yard. Location of Property: Along the easterly Side of South Harbor Road (also extending near the end of Grange Road) , Southold; 1000-75-4-22.6 (formerly parcel of 22.4) . 7:00 p.m. Carryover Hearings from March 23, 1998: T. PETIKAS. Proposed two-family use on a 21,000+- sq. ft. parcel in this R-40 Residential Zone District. Location of Property: Corner of the Westerly Side of Sound Road and the Northerly Side of North Road (C. R. 48) (a/k/a Northerly End of Main Street), Greenport; 1000-35-1-8, which requires approval from the Board of Appeals for Ahe following: a) Special Exception' Application No. 4525 as provided by Article III -A, Section 100-30A.2 for a two-family use/occupancy; and b ) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwelling use in this R-40 Zone District; and c) fence in excess of four -ft. height limitation within or along front yard areas, based upon the building inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. 7:10 p.m. Appl. No. 4560 - ROBERT AND . ANN SHANK. (Carryover hearing from April 16, 1998 for continuation) . 820 Fisherman's Beach Road, Cutchogue; 1000-111-1-19.1. ,7:25 p.m. Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY. This is a request for a variance based upon the Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: Page,.3 - Legal Notic, Hearings for May 14, 1998 Southold Town Board of Appeals "...I) the proposed structure being located in an LIO District is permitted to have a maximum of 60 feet of -frontage on, one street. The proposed building is approximately 115 feet facing Rt. 25, Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1/2 feet. in height, pursuant to 100-231B ...." Location of Property: 74610 and . 74500 Main Road, Greenport,, NY; 1000-46-1--1 and 2.1, combined as, a single lot. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hall business hours (8-4 If you -have questions, please do not hesitate to call 765-1809. Dated: April 20; 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman by Linda Kowalski 7•:10 p.m. 'Carryover Hearing from March 23, 1998: RIVERHEAD BUILDING SUPPLY CO.'' ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONING APPEAL APPLICATION #4566 DATED: April 7, 1998 Transmitted is an application of Frank Bertetto, together with Transactional Disclosure Form, Questionnaire for filing with ZBA application, Reasons for Area Variance form, Building Permit dated February 3, 1998 and Notice of Disapproval from Southold Town Building Department dated April 7, 1998 and survey of property with proposed project noted. •i. Rey' f r Elizabeth A. Neville Southold Town Clerk REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE. f ` • MM CW 1") ( , 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 VIVA k1% VA 1�6\ 14 wV7 3. The amount of relief requested is not'substantial BECAUSE m,Urtk fTAP IQ\ ftAl 6t \\,*o W 311 6fv\ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE, 5. Has the alleged difficulty been self-created? Yes. No. 6. 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. "$S` STATE OF NEW YORK) COUNTY OF SUFFOLK) (Applic Agent m Sworn to before me this -7 day of 7 X X* X X X X X X X X X X Z Z Z X Z �:ctls; fcr�r. rar,•'temp attach written consent from owner. 19 9 Notary Public Nof_ry Public, 'elate of lVew York N0.4961364 Quelific-d ire Su f:alk i'ountyCommission ENPires Nlay 2.2, 19 J APPLICANT TRANSACTIONAL. DISCLOSURE FORM 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: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, sucli as a company. If so, indicate the other person's or company's name.) . NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If• "Other," name the activity.) 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 If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe'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 noncorporate entity (when the applicant is. not a corporation)t . C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Submitted thi day of ft 199 Signature PrtnL• naine % �1�.0nk6 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for = sale -or being shown to prospective buyers? { } Yes ®} No. (1f Yes, please attach copy cLf "conditianS" of sale.) C. Are there any 7roposal.s tm change = alter land contours? { } Yes 04No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed �Qnstruction at or below five feet above mean sea level? 1`110 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist an are not son 'the he survey map that you are submitting? If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? th If yes, please explain where or submit copies of deeds. I. Please li t pr ent use or operations conducted at this parcel 0 ��owrr and Proposed use �� y}w� WIT, ZZ&STIF _ Autnoriz Signaturen- na ate 3/87, 10/901k 9 it I " 9 L) L '25 61 L F_ F7 Sc -AL F_ k,,r 11 = I -,-<> 11 tz P _ t i-_-- p tz 44 lH P-4-4z- PY wrrp t�;�w H rz L�t_ tA T., -7 AZ t7-eA-. I 1-��Jzwwa::�z ia L��_z V-11 H J T lz� �Z_ I ce z4- 4:1i -r4 � � � ' `! /`{ �:= ,��,� G -'' '�-; t'x.� i . _ •�_ _ W"�-=-L� $,.� G,%�=1�; �•� �•''".� � Cc. 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