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HomeMy WebLinkAbout4588z) F APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning ��O�gUFFO(,�coGy 0 y 2 BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JULY 23, 1998 Appl. No. 4588 - MICHAEL PISACANO. PROPERTY LOCATION: 865 Leeward Drive, Southold; 1000-79-7-25. DATE OF PUBLIC HEARING: July 23, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: This property is located on the northerly side of Leeward Drive, Southold, and contains a total area of 40,205+- sq. ft. The survey map submitted under this application shows that the subject premises is improved with an existing foundation, constructed recently under Building Permit No. 24636, in a new dwelling project. BASIS OF APPEAL: Article IIIA, Section 100-30A.3, based upon the Building Inspector's June 15, 1998 Notice of Disapproval for permission to reduce front yard setback from 50 feet to approximately 48.5 feet, for the "as built" dwelling foundation. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant is requesting the location of the existing foundation which is located as shown on the April 6, 1998 survey prepared by Anthony W. Lewandowski, L.S. at 48.5 feet from the front property line. Approximately 17 inches of proposed porch area is the relief requested. REASONS FOR BOARD ACTION: 1. Grant of an area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because a decrease of 17 inches from the code -required 50 foot front yard setback to 48.5 feet will not affect surrounding properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the foundation has been constructed and applicant has testified that it would be extremely costly to rip up the foundation and reconstruct it to cut back 17 inches. 3. The requested area variance is not substantial and represents a three -percent reduction from the code -required 50 ft, front yard setback. v Page 2 - ZBA Appl. No. 4588 Re: 1000-79-7-25 (Pisacano) Regular Meeting of July 23, 1998 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the relief sought is minuscule. 5. The situation has been self-created. 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 Tortora, seconded by Member Dinizio, it was RESOLVED, to APPROVE the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. his Re n was my adopted (5-0). AS400/Actions. all/79-7-25 GERARD P. GOEHRINGER, C Approved for Filing 7/25/98 f THE I eyI i Town Clark, 'ToJm c.'_u:hold Page 6 - Legal Notice"' Hearings for July 23,`1998 Southold Town Board of Appeals LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY 23, 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 SOUTHOLDTOWN BOARD OF APPEALS, at the Southold 'Town Hall, '53095 Main Road, Southold, New York 11971, on THURSDAY, JULY 23, 1998 at the times noted below (or as soon thereafter as possible): 6:55 p.m. Appl. No. 4588 - MICHAEL PISACANO. This is a request for a Variance under Article IIIA, Section 100-30A.3, based upon the Building Inspector's June 15, 1998 Notice of Disapproval for permission to reduce ,front yard setback from 50 feet to approximately 48.5 feet, for the "as built" dwelling foundation at 865 Leeward Drive, Southold; 1000-79-7-25. 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 files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: June 22, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman 53095 Main Road Southold, NY 11971 516-765-1809 Fax 765-9064 r FORM NO. s. TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, H.Y. ,}E NOTICE OF DISAPPROVAL DATE: June 15, 1998 ToMichael Pisacano -(A/C Robert Olsen) ..E,Q.AWE. 1931 ......................... Southold,, -New York 11971' PLEASE. TAKE NOTICE that your application datedDecember. .29 19.97._. Tor permit to 'construct new.singlefamily dwelling.. - ,,,at Location of Property B65 Leeward'... ................................Southold House No. Street Hamlet Countk-Tam Map No. 1000 — Section ..79 ....... BLOCK .- .. LOT . 25 Subdivision ............................... Filed Map No. ...... Lot No. F f" is returned herewith and disapproved on the following grounds .......................... Under Article IIIA, Section 100-30A.3 of the Bulk and Parking Schedule, in an R-40 Zone minimum front yard setback is 50 feet. Setback of under construction --- ....................................................... ......... ....... as built foundation is at 48.5 feet . ' ---••--••............................ ...... ... fP.. .`x.. ......... ............ BUILDING INSPECT RV 1/80 ti �yalj FORF1.. NO. TONIN OF SOUTHOLD BUILDING DEPARTMENT DEC 2 9 TOWN HALL SOUTHOLD, N.Y. 11971 TEL: 765-1802 .,a BLDG.DEPT. TOWN F SOU OLD Rll OF HEALTH �aE.. � 3TS .OF -PLANS r. ...... SURVEY CHECK .... SEPTIC FORM ................... NOTIFY:yJ/ CALL._._7(0�.O.��.: Exanined.�"" / ! Q ., 19.... MAIL 10 �iJ . c� Li t Approved. ,%., l9 .:. Permit NO. -L�O3Y' .... ' ......... Disapproveda/c ....:. . :... .. ................................... ........... .. (building Inspector) A .I.ICA1'ION FOR BUILDING_ PERMIT Date,. N.Khr.., 19.9 INSTRUCTIONS a, 'Ibis application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wi 3 sets of plans, accurate plot plan to scale. Fee accordingto schedule. b. Plot plansiwping location of lot and of buildings on premises, relationship to adjoiningpremises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application_. :. c. the work covered by this application may not be cammnced before issuance of Building Permit.. d. Upon approval of this application; the Building Inspector will issue a Building Permit tothe 'applicant. . Such 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY 116DE to the Building Department for the issuance of a Building Permit pursuant to the isuilding Zone Ordinance of the Town of Southold, Suffolk County, New. York, and other applicable Laws, ordinancesor Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. Tile applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations,. and to admit authorized inspectors on premises and in building for necessa inspections. ................. (Signature of applicant„ or name, if a corporation) Sovrc!c ......112:7,/.. (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, phmber or builde IrIc............................................................... +� / Name of owner of premises ....`Z�'r'�£c� .....CJt'•' '£ld+' . k ` 1 . .... ............. ! ......... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. T (Nang and title of corporate officer) Builders License No. Plumbers License No . ............ . ........... Y, t le- PL,00-,P�,,J Electricians License No. ....... V 0 ...........:.:'li'r2� LE� L Other Trade's License No. L Location of land. on which proposed work will. be done.... � ... u✓`f•" O� ......... .................. ........................... lkxise Number Street Hamlet / - County Tax Map No. 1000 Section ......f .%....... Block . ...Q..?....... Lot vZ C._.. . 440. cdN .P (�C(L�9.✓H...d�U/e�✓Filed Map No. .......... �" Subdivision .......... --. Int �.�......_..... (Name) 2. State existing use. and occupancy of premises and intended ' use and occupancy of proposed construction: a. Existing use and occupancy ... vft�� ..4e{!!'I!!V...... ...................................... .. .._:. b. Intended use and occupancy ............... ... .............. _ .. ......... . 1 15_ NtCure of work (dredtwluidr. applicable) New Building X ..... AdditionAlteration,. 1,;,,,,1'r a? Repair ............ Rarrnral ............. Detrol .ition ............. Other Work .. .....f ...................... (Deserrpt) , s. Estimated Cos, �.1 �.D!0�....... fee (to be paid on filing, this..applicatiody "- If drilling, rnniner of dwelling runts _.......... timber of dwelling units on eadr..floor .. ----' Ifgarage, rxnber of cars ..... C> ........................ If lousiness, comrercial or mired occupancy, specify nature and extent of eadu type of use ...................... Dhrensiorns of existing structures, if any: Front ........ Rear ..... ....... Depth r.................. lleigtrt ............ mb Nuer of Stories .................. Dimensions of same structure with alterations or additions: Front ....... : n ..... Rear . ........... IkpLh ................:... height ..... .:............. llurber o€ Stories... Dimensions of entire new construction: Front ................ Rear ............... Depth .......1 lleigint IW)er of Stories ... r Size of lot: RYorut .....1. 7, .... Rear .... 7U.1........ Depth %.lam.... C....l... ... .. Date of Purchase 1.� a:�.�.� ...... Name of Former Owner !f.-. .. . . . dlS rFsJ ..................... Zone or use district in uhidn premises are situated ...................................... .Does proposed construction violate any zoning law, ordinance or regulation: .............. Will lot be regraded .................... Will excess fill be removed from premises: US tiD Nanes of owner of premises �...YC/.�.................... Address ............. Phone No. .............._.. tame of Architect !'l%!.:' -L- L(� r'YI.�JY�!.` Address V(w ...�............ Phone No. /.•1. ... N:me of Contractor ..fir -FI. ...................... Mklress ............ ................... Phone No. .............. Is this property within 300 feet of atidal wetland? * YfS No .... ,/...'.. IF YES, SO(MnD 1U,1N'"IHIISIMS PERMPPMY BE M- DIEM. ,...... PLOT DIAGRAM-. - LocaLe clearly.. and distinctly all buildings, klrether existing or proposed, and indicate all set -back dimens}ons fmm property lines. Give street and block mvber or description according. to deed, and slow street names and indicate whether interior or corner lot.' SIME IA' N --,W YORK,,{/ (IAINIY OC . C-d-Eo'„�........(•S. .c.....being duly sono, deposes arxlsays . that 6e is Use appl.icalrt (Name of individual signing contract) above reamed, Ile is Lhe ........ ..... :.�. ....... .............. ........ .... rtracLor agent, corporate officer, etc.) of .said owner or ,.and is duty 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 beat of his knowledge and belief; nod " that the work will be performed in the manner seC forth in the application filed therewith. &corn to before this -ti.. . �.:. .Tay E Notary lilicr.-........ 41g,matore of Applicant) �i C4�.J�ZS 115, 5� /a-.•ot'� nes, rsv c..& TOWN OF SOUT11OLD., NEW YORK APPEAL FROM DECISION OF-DUILD111IG INSPECTOR APPS L 1.10, /���e DAT TO TI IE ZONIN BOARD OF AWEALS TOWN OT SOUTHOLD N Y Q �{ /Q 1, (We) ..... k.Cr/!.1erL jSFt 9T;�.,:...... ot .........�6 � .. .a..:.!�L ........ / Jdarne of Appellant S--tttr��eet orad h(unober /L� .,l ...... .........HEREBY APPEAL TO Municipality State. THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPEC'T'OR ON . APPLICATION FOR PERMIT NO -.62-Y61.6 ............ DATED ...................................................... WHEREBY TilE BUILDING INSPECTOR DENIED TO ...1..../.. ............... Name of Applicant for permit ., Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY - ��' '....A4/t- kv �:� ........................ Street /UIlei % Use District on Zoning As(op District 1000 Section` q Block 7 Lot�� _... _........_._ _ .. Current Gamer— Mop No. Lot No. Prins Ownera� O�?� 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-7�,4 Section /400 3(-, 6 r 3 _�- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( A VARIANCE to tl+e Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Cow Chop, 62 Cons, Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hos) (has nol) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for a vorionce and was mode fn Appeal No. ................................ Dated ............... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ('tom" A VOrionce to the Zoning Ordinance is requested for the reason that -7p2 q? s� J F3.2 10, N'-0 C' Foran Ztli (Contia?ue on other side) - !A• ILL"4 OF SOUTHOLD PROPERT;�Y E C�►RD� —2-L TOWN , _z STREET 6 VILLAGE „ ` ISTr n .a SUB, '1 LOT YNER N E ( . RMER OWNER S W. TYP O BUILDING CY zle AJetl Sir VL � FARM COMM. CB NMICS. MktLValve ' AND IMP, TOTAL DATE REMARKS ✓ AL J'k S L4 7.3-` filar . ry 14 7ellIZ MC i t n x elf i FRONTAGE ON WATER able FRONTAGE* ON ROAD:. Aland idawkwtd DEPTH x �;,J'+ �w_ v"4 't ' ', » Plot BULKHEAD a I JLW IV '19 'y . J 4r\j IN v, m O-T7,L Y' Off' BOARD OFAPPEALS (ill 6) 765-1809 ZBA tel. 76.5-9071, fax Mr. Michael Pisacano P.O. Box 1931 Southold, NY 11971 Re: Appl. No. 9588 - Variance Determination Dear Mr. Pisacano: Southold Tocsn Hall 5.09.5 Main Road Southold, NY 11971 July 27, 1998 Enclosed please find a copy of the Appeals Board's determination rendered at our July23, 1998 Meeting. A copy of this variance determination was transmitted early this morning to the Building Department for their update regarding the pending building permit application. Encl. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc w/encl: Building Department Original filed with Town Clerk's Office Act;c» ltr.S ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----------------------------------------x Yrt the Matter of the Application of (Names of Applicants) Parcel ID #1000- - -------------------------------------------- x AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I,//�(�'I/7� 1f,9�/�vv residing at ( ) , New York, being duly sworn, depose and say that: On the day of , 19 I'k, I personally mailed at the United States Post Office in 70U{ w0 , 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 he current assessment roll verified from the official records on file with the (Assessors, or ( ) County Real Property Office (Q9for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn tobef2fe me is 2�Q day of 1 I? Public) ROBERT 1. SCOTT. JR. Notary Public, Stats of New York Qualified in Suffolk Counq No, SC472500,9 Than Expires May 311 PLEASE list, on the back of this Affidai it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ------------------------------------------ x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - --------------------------------- x 000 - ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Ad,( �iS��"`' 0 residing at T- P - � o K l °( 3 SCUA C/L 13 , New York, being duly sworn, depose and say that: On the,.21" day ofJ c� L-`( , 19 I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date w iwn to be ( ignat re) Sworn to before me this 2--cR day of/XzZD , 19 Q$ . otary Public) ROBERT 1. SCOTT. JR. "" I Public„ Stag of New York Qualified in Suffolk County fro. OISC4725001 *near the entrance or drivovay entrance of my property, as the area most visible to passersby. OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ June 22, 1998 Re: Application Notice Requirements Hearing Date: Thursday, July 23, 1998 Dear For your review and transmittals, please find enclosed a copy of the Legal Notice regarding your application. Our department will publish the Notice in next week's issue of the L.I. Traveler newspaper. Pursuant to the provisions of Chapter 58 of the Southold Town Code, notice of your application and hearing must now 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 location and/or use of the property or new construction. Please send the notices by 7/3. Owners of vacant property and other properties, surrounding your project, along all sides and abutting the boundaries of the subject lot are those as listed on the assessment rolls. A copy of Chapter 58 is enclosed for your reference. Please alsoppost the enclosed sign on your property at ten (10) feet, or closer, to the front property line, facing the street by 7/15. The sign must remain for a period of not less than seven (7) days). Once the sign is placed, please complete and return the Affidavit of Posting to us. If another sign is needed, please let us know. When the Certified Mailings have been sent, please furnish your Affidavit of Mailing to us as soon as possible, together with white certified mail receipts postmarked by the post office. Once the green/signature cards are returned to you by the post office, please file them with us. These will all be made a part of your permanent file as proof of service under Chapter 58. In the event there is any - signature card that was not returned to you, please confirm the same at the public hearing for an update and record purposes. Thank you. Very truly yours, Enclosures Office of the ZBA applicant.ln.dcc I § 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 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 complete, 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: 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 properly which abuts and every property whir* Is across Cram any public or private street 168-1 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 of the initial public hearing on the application and addressed to the owners at the addre es listed rror nt aha 1 on the local assessment roll. The applicant file an affidavit that s/he has compiled with this provision. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK x In the Matter of the Application of (Names of Applicants) Parcel ID #1000- _--_,-_-_- ---------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, . residing at AFFIDAVIT OF MAILINGS , New York, being duly sworn, depose and say that: On the day of ,19_, I personally mailed at the United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me this day of (Notary Public) PLEASE list, on the back of this Affidai�it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were nailed Thank you. ti ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----------------- __--_-----------x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at AFFIDAVIT OF POSTING , New York, being duly sworn, depose and say that: On the day of ,19_ , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this day of '19. (Notary Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. LEGAL NOTICE �`: SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JULY.23; `1998: NOTICE" IS' HEREBY GIVEN, pursuant to $ectipn 267 of the Town Law and the Code of the Town of Southold, the fol- lowing applications will be held for public hearings by the •7:00pm. Appl: No. 4582- ALI YUASIOGLU. Con- tract Vendee: oonok �Kim- Owners: •,xROBERT"�'AND ,ETHEL SCROEDE&- App1i- Dant i$ requesting.an laterpreta= tion to-14verse.., Building Insppector's April _I, 1998 Notice of DisappT 1 in; which appli- cant•applie �o.11se,premis4S,aa- an automcc}tjj}le se>tv><ce. station with Ras piunpi;d.*f the Bliild- Southold, New York 1197 t, on pu DAY' JULY 23 1998 at ,int e tunes note a ow (oras soon sit thereafter as possible). 6:30 p.m. Appl• AUDREY G EDWARD & is us a request or aL pec Exception under the J Zoning Ordinance, Article III, Section 100-31B-13 to establish ti Accessory Apartment Use in b conjunctionwith residency of the owner; all in the principal build- O ing of the owner -applicants'. Lo- p cation of Property: 260 Cedar Road (at intersection with Sum- mitRoadj,4outhold, NY; .1000- e 78-9-29 (Bayside Terrace). 6:35 p.m. Apppp1. No. 4581 - JOSEPH LEBKUECHER. This ' is a request or a Variance based upon the,Building Inspector's March.4,.1998 Notice of Disap- proval: regarding the proposed construction :of a retaining wall up to 20 feet in height. The rea- sons of digapproyalis. that,"the pproposed ,retaining wall being located,in.the Front yard in the A-C.Disfrict"is not permitted to be.higher, than:A;ft:, Article XXIII, Section 100.231-A. Lo- cation ° ofi Eraperty: 935 Franklinville Roadi &%urel; 1000-125-2=2:2�pp�p 6:40 p.m.`ANI I NMARiA BRETT A MELLINGER. ;Thus is arequest or a Variance under Article 11I, Section 100-30A.3, based upon the Building Inspectors May 21, 1998 Notice of Disapproval for a building;permit to>construct deck addition and, attaching the existing accessory pergola with . its existing side•yard setback fat less, than, 15 'ft. necessary for• a rincipal building Location 'of property 440 Midland Parkway, Southoldpp;1000-8pp8pp-2-12.1. No 4585- ISKENDEI'k" EM* AND AN- GELICA BENGOLEA. This is a request based upon the Build- ing Inspector's May 21, 1998 Notice of Disapproval fora Vari- ance under Article XXIII, Sec- tion 100-239.41 for a deck ad- dition and alteration which will .be located within 75 , feet of. a bulkhead adjacent to a tidal wa- ter body (Gardiners Bay), at 680 South Lane, East Marion; 1000- 38-6-7. The subject property is nonconforming in size and is lo- cated in the R-40 Low -Density Residential Zone District. 6:50 pp . Apppp�l. No.' 4586 - -LISA McELROY. This is a request. -based upon the Build ing Ins es July 22,1997 No- tice: o Disapproval for a build- ing permit regarding an "as built" sw coming pool which is not la " cated in the required rear. yard pursuant to Article IIIA, Section 100-30A4. Location of Prop- erty: 2565 Long Creek Drive, ,Southold; 1000-52-8-2. 6:55 p.m. Appl. No. 4588 - MICHAEL PISACANO. This is a request for a variance under Article IIIA, Section 100-30A.3, based,; upon the Building Inspector's: -June 15, 1998,No- tice of Disapproval for permis- sion to reduce front yard setback from 50 feet to appproximatelyy 48.5 feet, for the "as built'. dwell- ing foundation at 865 Leeward Drive, Southold; 1000-79-7-�5. use in tion of property: 43$0 Route25, reenport (near, East Marion); 000-35-5-4.;' ` 7:25 pp m.-1Apppl.' No. 4587. - )HN DVJYER. Applicant is requting a- anance under Ar- escle XXIV, Section 100-244, ased upon the •Building Inspectors May 5, 1998 Notice f Disapproval =which;disap- roved an application for a per- mit to construct. addition to dwellingg .for .the Feasonthat it ncroaches on the combined side yard setbacks. Locationaf Prop- erty: . 2625 Bay Shore Road, Greenport, -NY; ,Parcell.#1000- 7:30 p.m AppppL No.+ 4544- ARTINROSEN .(OWNER: M Boo er an aro.). =Location of Property:11-780 Sound?►venue, Mattitucic; County,arcel #1QU0 141-3-44: is a continuation of •public hearing regarding applicant's request for' an Inter- pretation 6 garding'6 proposed tower structure m flus L O Tight - Industrial -office Zone` District, and/or Variances based upon the Bpilding.Ipspector's February 18;' 1998 Notice of Disapproval, disapproving building permit application, to construct a. tower fortelecommunications use;'for the followiiig,reasons:. 1) the proposed telecompiu-. nications tower being located on a non -conforming lot in an'LI District is not permitted accord- iqg to Section LQO-16SB;. 2) the:, pr9posed,tower:being the principal i}se on the lot is re - i giiired to' have: a rgar yard. set- backof 70 feet pursuant to Art. XIV, 100-142; 3), tha proposed .tower is re- quired to be Iocatei atleast one - hundred (100) feet li4m wr the 4e est dwelling unit pursuant tb Ar- ticle X Ii,ectioi�-;LpO- 162C.3.:'' The Beard of Appeals will at said time andplace hear any and all per- sons or representatives desiring to be heard in the above applications or to submit written state- men=ore the end of each hear - mg, The hearing will not stait.ear- lier than desigilated• The ?iles atle available for review g O n h a e uuestio s, pl ase do not heli have questions, p tate to call 765-1.809. Dated: June 22' 1998 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS - ' GERARDP.,GOEHRINGER, Chairman ` 1X-7/2/98(21 r) 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 weeks ......................... successively, commend on the ....z....•••••••• day of ........... Sworn to before me'i,s.......................day of ye ................ ., 9 ............I.C;o............................... .......... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No - 4806846 Qualified in Suffolk i;ou Commission FxWres B S/ 94? Aki PNCE - I P ineN 5e+bltoK ReducribAJ 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: MICNREL iqC1q1V6 DATE OF PUBLIC HEARING: =00 .m. TNUfSa, SULV 13, 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 BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 it :FfD1r yprf. 6 Ud"A) C f U M D KI" 0 I C� +� 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 FROM: Elizabeth A. Neville DATED: June 18, 1998 RE: Zoning Appeal No. 4588 - Michael Pisacano Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No: 4588 - Michael Pisacano - application for a variance. Also included is a copy of property record card, Notice of Disapproval with application attatched, copy of survey, Transactional Disclosure Form and Z.B.A. Questionnaire. 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: 1 , /) , C7 _ " HQ (L - t+ (,-L) I`rh t _j 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: '�)olZt - f&7.0 A>r7 A- iA-e-1PjcF_`f.1 �J Pc"A-3F � 3. The amount of relief requested is not substantial BECAUSE 37z/- 1S' oftfu1 17 "/ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE A) 0 WE-T--uq,&n(� I N (}(L'" #1- 5. Has he 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. STATE OF NEW YORK) COUNTY OF SUFFOLK) (Applicant) Agent must attach written consent from owner. -7� �y Sworn to before me this 17 day of NZ0467_ 19 5� LINDA F. KOWALSKI Notary Public, State of NSW Ywk Notary Pub l i c Na 624624771 Qualified in Suffolk County Commission Expires Nov. 30.19 zx .lx, lorzt• Jar/temD I. Nature of work (dreck sibidr applicable): New Building .. ..... Addition ....... 1j( .:�lte atiV Repair ............ Removal ............. Demolition ............ Other Work........:i....................'.. (Descri) �.d.�.. ',................. i .... i 4. Estimated Cost . ...j ........ fee ........................... i (to be paid on filing this. application) 5. If dwelling, nnber of dwelling units timber of chaelling units on each. floor. ................ • 1Y Ifgarage, mnber of cars ..... D 14)! r ......................... 5. IE business, commercial or mixed occupancy, specify nature and extent of eadi type of use ...................... 7. Dimensions of existing structures, if any: Front ..... :"77777.... Rear ... =....... Depth ................. height .......... ............ timber of Stories ...................... Dimensions of sane structure with alterations or additions: Front .......:7 .. Rear .:- ........... Depth .................... lieiglit ..... :':............. timber of Stories .-rte ..... B. Dimensimm of entire new construction: Front ................ Rear ............... Depth .......�:�"�. lieigfit ......................... Number of Stories ...q1'j ........... S 7� 7V./ ���,L�a......�Q?� 9. Size of lot: Front' .....! .... Rear ....�1 ....... Depth 10. -,adz 0� Date of Rrrdua.4e �.. a:� �.9�...... Name of Former Owner ................... II. Zone or use district in whidt premises are situated .. ��J1? �e....................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: .. 6 ................. 13. Will lot be regraded .................... Will excess fill be removed from premises: YES e 14. Names of Owner of premises.,.c,.��.�%�.................... Address..............�................... Nxone No. ....►......y........ Name of Architect .iii:' -1... !m�� ..... Address�1� .": .L .......... Mone No. Name of Contractor �(rf! ..................... Address ...............................Phone No. .............. 15. Is this property within 300 feet of a tidal wetland? * YC -S .......... Na ... ,1..... *1F YES, S(AMjjD M%N 7BlISrEES PElatrr MAY BE MVIR[M. PIAT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate Miedwr interior or corner lot. SfAll's a. N;w Yaw, Ak SS (XJIiNIY (7Cezwl �yJ /� .. �r� " `� .......beir dul swonr de x)ses aril sa s LhaL' he is dw a 1 ismL y 1 y rrr> Mme of individual signing contract) alxbve named, Ileis Lhe ...... ......' ........,.5................................................................ mbtracLoragent, corporate officer, etc.) of said cumber or , and is duly audiori zed to perform or have performed Lire said work arxl Lo m oke and file Lit ia applicati(xi; that all statement's contained in this application are tn)e Lo the best of his knowledge aixl lx?l.ief; aixl that Lhe work will be performed in the mxrnoer set forth in Lhe application filed therewith. Sworn Lo be. me this .... p, ay E .. ...19 . . Notary R lic .? ......... .. ........ . (Signature of Applicant) tri � ]\1!1%11 I 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: (Sep`���hee�,sma�b� 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 of "conditions" of sale.) C. Are there a=y proposals to change = alter ].amd contours? { } Yes {LLNo: 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 bet een 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 construction at or below five feet above mean sea level? AJ d (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? Via% If none exist, please state "none." G. Do you have any construe on 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 any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel and proposed use SIXCotF : t� Authorized tigbature and Date 3/87, 10/901k nteres to to YOUR NAHS: APPLICANT TRANSACTIONAL DISCLOSURE FORM uthold's Code of Ethics prohibits conflicts of e part of town officers and em to ees, The s form is to provide information which can Of possible conflicts of interest and allow Lever action is necessary to avoid same. /f, 4 6, 4 - Xv6 ��`lCi�2•e 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'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 vith any officer or employee of.the Tovn of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the tovn officer or employee has even a partial ownership of (or employment by) a corporation in vhich the tovn officer or employee ovns more than 5% of bite shares.. 7 YES NO P— If you answered "YES,".complete bite 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 (tile 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); C) an officer, director, partner, or employee of the applicant? or D) the actual applicant. DESCRIPTION OF RELATIONSTTIP Submitted this 1,F"' day ofJ- A99P Signature Pr i n L• name A 3 84r 44 SANk ?�4A 1.) 38 A All) 7 .19. ... 13 34 • 33 so Ell Is, Y YA to.. 014 f 31 SEE 9cZ. No, 0.0 -as 30 All)IX, S. 84 -to IS, M, 31 1 AW 22-1 4 1 A 16 01.1 IM .2 - I I lAft) St., W 10 Z. 63 " RN ti! le C00 e1 INeI A 14 Al. 11 1u NePxt IR 20.. Ate C, 0 0 4.1 A.) IW "Al'I I E 1*0 •4 53 54 .NF IS S:l' A. "IAN, SEE SEC FOR PRRCEL NO A., 2O 5081 N A -C -00 LA Is 49 10 AW 1. AW ..W 2,IS .1 so 14 aqSN.1 .a01;0 I.IC I.NCE, No. 3S Ad W S / Nxo *O A. _T F.T_ SEE SEC wo'.. SEC. -0 —Z—L 11 LINE S41 SE C. 0-- -0 - oo� -0 -010 ATCN Ll SEE SEC x0 C.. IC. Al ATC. 11"t p6 SCROOL SOUTHOLD uRnl _R KEY PAP COUNTY OF SUFFOLK -07 Real Property Tax Service Agency rILLA" OF — 1000 E777 Ri­k= New Y.! . k ANA