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4733
APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��gpFFO(� tirft x • BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 18, 1999 Appl. No. 4733 - VITO & JULIE CARNAVALE 1000-50-1-7 STREET & LOCATION: 1500 Hyatt (Private) Road, Southold DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 40,894.89 sq. ft. in area with 104.12 ft. frontage along Hyatt Road at Horton's Point, Southold. The lot is improved with a single-family, two-story frame house and wood platform -stairs leading to the L.I. Sound as shown on the survey updated by Joseph A. Ingegno on May 11, 1999. BASIS OF APPLICATION: Building Inspector's July 7, 1999 Notice of Disapproval citing Article XXIII, Section 100-239.4A of the Zoning Code with respect to a proposed six ft. extension for a porch at the west side of the dwelling with views of the L.I. Sound. The Zoning Code requires a minimum 100 ft. setback from the top of the bluff. The applicant's existing setback is 31 feet at its closest feet and a setback of 25 feet is proposed for the six -ft. porch extension. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 25 ft. setback from the top of the bluff (15 ft. from the Coastal Zone Hazard Line), for construction of a six (6) ft. extension for one-story height reconstruction (to allow a new enclosed porch at the west side of the dwelling). (No other areas are noted in the Notice of Disapproval, which is the basis of applicants' request.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the six ft. extension is proposed to be constructed over an existing concrete area, and limited to one-story height. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because a major part of the dwelling already exists within the 100 ft. setback range. 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that the proposed deck extension would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or Page 2 - August 18, 1999 ZBA Appl. No. 4733 - Vito and Julie Carnavale Parcel 1000-50-1-7 at Southold district (see recommendations of the Suffolk County Soil & Water Conservation District). 5. The difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new one-story porch, while preserving and protecting 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 HORNING. This Resolution was duly adopted AND GERARD P. GOEHRINGEF CHAIRMAN For Filing about 8/24/99 RECEIVED AND FILED BY THE SOUTHOLD TOW14 CL_Trii DA P1 Town Clerk, Town of Southold C ,-. \4 I NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS WEDNESDAY, AUGUST 18, 1999 NOTICE ISI HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on WEDNESDAY. AUGUST 18. 1999 at the time noted below (or as soon thereafter is possible): 6:55 pm. App(. No. 4733 - VITO CARNEVALE. This is a request for a Variance under Article XXIII, Section 100-239.4A based upon the Building Department's July 7, 1999 Notice of Disapproval regarding a porch addition at less than 100 feet from the top of the sound bluff. Location of Property: 1500 Hyatt Road, Southold, NY; County Tax Map Parcel #1000-50-1-7. The Board of Appeals will at same time and place hear any and all persons or representatives desiring, to be heard in the above application or to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regula6Z • Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 2, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By L. Kowalski FORM.NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF'DISAPPROVAL DATE; July 7. 1999 TO Vito & Julie Carnevale PO Box 1222 Southold N.Y. 11971 Please take notice that your, application dated June 1, 1999 For permit to Construct a porch addition at Location of property 1500 Hyatt Road; Southold County Tax Map No. 1000 -Section 50 Block 1 Lot 7 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds; Pursuant to Article XXIII Section Authorized Signature BOARD -OF HEALTH ... FORM NO. 1 3 SETS OF PLANS ............... TOWN OF SOUTHOLD SURVEY ........................ BUILDING DEPARTMENT CHECK ......................... TOWN HALL SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL:,765-1802 NOTIFY, CALL Examined......... ........ 19.... y MAIL TO: .................... Approved.................. 19 - Permit No .... ...... tt J� .... ..� p Disapproved a/c................ ..(Building Inspector) APPLICATION FOR BUILDING PERMIT ppq BLDG.;DEPT. Date..( �. ....... ,19 J./. . 14,-,40F SOUTNCiLO INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector w 3 sets .of, plans, accurate plot plan to scale. Pee according to schedule. b.. Piot Plan 'shoving location of lot and of buildings on premises, relationship to adjoining premises or public streets of areas; and giving a detailed description of layout of property most be drawn on the diagram which is part of this application: c. Tile 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 permit stall be.kept on the premisesavailable for inspection throughout the work. lb.build rg 4a11 be occupied or used in whole or in part for any purpose wLatever until a Certificate of Occupani shall have beengranted by the Building Inspector. OPMQUICrI'IS HEREBY MAIL+ to the Building Department for the issuance of a Building Permit pursuant to the Burldl* Z mefOrdinance of the Town of Southold, Suffolk County, New York, and other applicable Lavas, Ordinances or Regulatjions, for the construction of buildings, additions or alterations, or --for removal or demolition, as herein d�se:ii '. TQe applrrsot agrees to comp *with all applicable iasis, ordina res, ildirg ,housing code, and regulations, and to admit authorized inspectors on premises and in building fo s spections. (Signature of applicant, or name, icorporation) po..0.?).(...!;?12Z... 154nq �oz (Mailing address of applicant) State Whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builds dulF,e............................................................................................ ... Name of owner of premises ... ........................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ......................................................... (Name and title of corporate officer) Builders License No . ......................... _..Plumbers .License, No. ........................... Electricians License No . ..................... Other Trade's License No . .................... I . Location of land on which proposed work will be done ...... 1.sO0 If �OfJ� ........................ ovT#ocDN-Y- I f R r l ............)............................................................................................... House Number Street County, Tax Map No. 1000 Section ....:?. p....... Black A........... Int ... 0 ......... Subdivision ....................................... Filed Map No................ lot ............... (Name) roFIASMW .A 3v;JJcAM 2. .State existingUse and .1 � & 1 h�?^� `' occupancy of premises and intended use occupax�`�,'r, �li,1�t. a. Existing use and occupancy......... 9c5!a 1 Cr...... O L �jF.nib15,ibkrnJ r.s,it'. Z� �,K y, if�%..i R3i2ZllRnHl.�l b. Intended use and occupancy ........ ?ES ID ..e �O PSN a2y .., 1. i.,iume ui �.w kUw MmmUm appmicaume/: new mullaing .......... Imition ..I....... Alteration .........,.r. '--t RepaiRepair r •........... Removal ....... Demolition ............ Other Work ................................ (Description) w i. Estimated Cost . rI 00.0 a„-„ ,, fee .... .'�.'5-, ................................ (to be paid on filing this application) i• If dwelling, number of dwelling chits ..-: .•... Number of dwelling units on each floor ................ Ifgarage, number of cars ....................................... i. If business, commercial or mind occupancy, specify nature and extent of each type of use ...................... Dimensions of existing structures, if any: Front. . �• l'e....... Rear �Z•.3..... Depth Df 2. lleight ...... 9��,`............... Umber of Stories ..............•........ Dimensions of same structure with alterat+4r* or additions: Front .... .. Rear Depth ...... ..... Height .......... Number of Stories 3 S'/ ¢ l� „ F.a ... f. Dimensions of entire new construction. Front ...........�.•.. Fear ....�Lw:........ Depth . �'... Height ..2.,F . ................. Number of Stories .................. I 35-- 1. Size of lot: Front Il .....•.. Rear ! ©D. 33....... Depth ..................__..._, 10. Date of Purchase . QC1-4�? lgrf7 Name of Former Owner XQ(t45. S�.YRQo!l.Los......... 11, lore or use district in which premises are situated -S_C .?fhX,NO. %Oma - -b 1-O :', 12. Does proposed construction violate any zoning law, ordinance or regulation: •............•....._.... 13. Will lot be regraded .......LI/Q.......... Will excess fill be removed from premises: YES EA ; 14. Names of Owner of premises Y»?tS.4k!F..�'9eJ?Ek�tiEAdaress ...15tX?•,JI I/47r{to4D.._. Ptwre No. �ia.7T'tto�� Name of Architect .................................... Address .............................. Phone No............... Name of Contractor ................................... Address ..... ...........Phone No. .............. 15. Is this property within 300 feet of a tidal wetland? * YES . �....... NO .......... *rF YES, SWHM TM 1id1SMKS MtffT MAY BE ROWIRI D. PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or proposed, and indicate 211 set -buck dimensions: Eram property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. aroD 8 e Y 'P” t¢ I.ruE'7'5 , CPO F -e( -F CTq- b0oo-Sv-ot-o7 CIO-" Loi) '�-n .:>°c Pd +CA1E OF NW YS7RK, SS SE fi/�y UVIY OF ... fr=o LIQ....... ..•..... V rO......G �!�F,✓,ALF -_54 �??�+�YfX heirg duly sworn, deposes and says that he is the applicant Name of individual signing contract). Bove named, - -f¢� leisthe ....... 6U%N .<�................ ................. •.........................,...,................. (Contractor, agent, corporate officer, etc.) ,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application, are true to the best of bis knowledge -arid belief; -acid ` list the work will be performed in, the manner set forth in the application filed therewith - worn to before me this ..day ofN� ..19.!..r.... Notary Public ..• ..... / ...*** ........... MADELINE A. LOMBARDI (Signature of. Applicant) Notary Public, State Of Now Yadt No. 01 L04751599 Aualified in Nassau County o - commission Expires December 3l. �/ � qy K I V� In xink i 4 c +CA1E OF NW YS7RK, SS SE fi/�y UVIY OF ... fr=o LIQ....... ..•..... V rO......G �!�F,✓,ALF -_54 �??�+�YfX heirg duly sworn, deposes and says that he is the applicant Name of individual signing contract). Bove named, - -f¢� leisthe ....... 6U%N .<�................ ................. •.........................,...,................. (Contractor, agent, corporate officer, etc.) ,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application, are true to the best of bis knowledge -arid belief; -acid ` list the work will be performed in, the manner set forth in the application filed therewith - worn to before me this ..day ofN� ..19.!..r.... Notary Public ..• ..... / ...*** ........... MADELINE A. LOMBARDI (Signature of. Applicant) Notary Public, State Of Now Yadt No. 01 L04751599 Aualified in Nassau County o - commission Expires December 3l. �/ TOWN OF SOUTHOLDiPAMR10% JUL 2 0 1999 APPEAL FROM DECISION OF BUILDING INSPECTOR aA1pPP &LNO. V'73 3 Town Clerk Southold DATE .� TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ........ of Ilre ...P(.......... . . . .......... ...0. Name of Appellont Street and Number ......... ...... .......................... ............ HEREBY APPEAL TO Ity St THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLItAtION, FO, ................. DATED ............................... ...................... ) 1,5 3 16 'R WHEREBY THE �aUrlLbi�N'G,,'t4SPt:C,,TO�R'�DENIED TO 76 '3/7— 06315 ............. of PERMIT TO L PERMIT FOR Name of Applicant for permit ............. I /V/1 Street irid'. umber' Municipality State -qYPA NCY 1. LOCATION OF THE PROP ERTY .... 6rr�O{ ... Street District on Zoning Map ,District 1000 Sections -0 Block I Lot .1—Current Owner rim Mop No Lot No. Prior Owner ALO�aos 've)(0?vLoas 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 section .3 TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (y°) . ) A VARIANCE to the Zoning Ordinance or Zoning Mop ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A,Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)has no been mode with respect to this decision E� of the Building Inspector or with respect to this property. Such appeal was request for a special permit request fora variance and was made in Appeal No . ................................ Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that WVU0 A MPA Form zB1 (Continue on other side) 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:. 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:oc�ioAl ®F 1j0WI 3. The amount of relief requested is not substantial BECAUSE lJ,5- Ayeo— 0411 1 o%0?e61A45 6 F1_' & srvn/ '%e �1X17&'C Y) d&4411YC - 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in theneighborhoodor district BECAUSE T 7S o 5. Has the alleged difficulty been self-created? ( ) Yes. (X) 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) - must attach written consent from owner. Sworn to before me this IS'14- day of / ,-19 9q Notary Publi Ott**rr tt**** *t**SHARONA.QUNN txtik/form.var/temp No 62QU&ii "44 int Qualified in Suffolk GcWdyo20 pp COn�e MXM Expires Jona IH, .'Z4,wo dn'f77- X000 i earARVae"I& ' 1 qq j j U fJ'Tf�� f ' i��l Id OFSI�IIJTHOLD PRVP�K I : Kt%ov+rs.�+' %004 w SILLAGE DISTRICT SUB. LOTJ ER I v I e STREET 50 /p oulo ��� M-` ✓DS ___ E ACREAGE / �O MER OWNER N S W r TYPE OF BUILDING J VL ARM COMM. IND. � CB. � MISC. RES. ^' v SEAS. _ DATE REMARKS xs� LAND IMP.TOTAL Garro a23o0 ©p -duo A'• 84va s 9 9_ ��,,g 4���s o° ,sa� N los is I 7-- L JA r'neu?L��37 71 / ! BUILDING CONDITION AGE NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 _— Tillable, 3 Woodland Total t Bldg. . f X i'. A Foundation C—i6Bath ' t Bldg. . f X p p A Foundation C—i6Bath ' xtension X , 3 3 Basement f L Floors pi,y xtension pF.xt. r o Walls Interior Finish w7aa_ xtension Fire Place Heat p Porch Attic_ -- Porch Rooms lst Floor reezeway Potio Rooms 2nd Floor arage 2L n.t Driveway . B. SOIL AND WATER CONSERVATION DISTRICT FAX:(516)727-3160 COUNTY OF SUFFOLK ti h A ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 August 17, 1999 Dear Mr. Goehringer: Thomas J. McMahon DISTRICT MANAGER (516) 727-2315 We have completed a site inspection of the parcel known as the Carnavale/ Porch Addition located at 1500 Hyatt Road in Southold. The bluff face is very heavily vegetated over the entire slope. At the toe of the bluff, there is no toe stabilization present and it appears that none is required, high tide does not appear to reach the toe. Most of the beach is gravel and numerous glacial erratics are present below the high tide line. No toe stabilization is present to either side of the subject property also. Land above the bluff face appears to slope away from the bluff. There is no evidence of overbank runoff. The house roof runoff is directed into downspouts that lead into drywelis. The addition of a wrap around porch over the existing concrete patio will not increase the amount of runoff presently being discharged to the ground surface. Our only recommendation at this time would be to cut back or top the existing trees that aye on the bluff face. Sincerely, Ala Paul TeNyenhuis, Senior District Technician, Suffolk County SWCD RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 TOi of SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Hall - Receipt M 56487 Southold, New York 11971 Date.......?1........................................... Receivedof ...... blu.& ...... ..................................................................... . ..... ....... 7:Z,? -P ............................................................................................................................................................. rs For....."1 .... W- I ................................................................................................................................................................................................................ Fee for Fee for EJ Sign LJ Flood Development Pmt. Q Cash a—Check 7F? $ ................................ Fee for Fee for Certificate Q Building Permit L) of Occupancy 121-10620 .............C ..... ........ . ........ .............................................. ....................... iuilding .............. Department 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.). . Vliz B. Is the subject premises listed 'on the real estate market for sale or being shown to prospective buyers? { } Yes {,%4''} No. (If Yes,. please attach copy of "conditions" of sale.) C. Are there any proposals tochange or alter land contours? { } Yes D(I No D. 1. Are there any areas which contain wetland grasses? /(02. 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? Ar 4. If your property contains wetlands or pond areas, have you contacted the Office of the T_oW S Trustees for its determina`��/ .ian 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? Aro (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? ffA', If none exist, please state "none." G. Do you have any construction'taking place at this time concerning your premises? ,/i' 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. e_ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel o����' and proposed use �Me 3/87, 16/9Qlk Town of rest on alert the town it to take wha APPLICANT 2RANSACTIONAL DISCLOSURE uthold's Cod e part of to s form is to of possible tever action f Ethics prohibits conflicts of officers and employees. The ovide information which can nflicts of interest and allow, necessary to avoid same. YOUR NAME: /VEcIHt4- "'V /J(�Ll (Last name, first name, middle i you are applying in the name of other entity, such as a company. the other person's or company's nitial, unless someone else or If so, indicate 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 V 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 prIovided . 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 RELATIONSHIP ' o/tQUM t0»�N02OU60 �►�i►s E*MS jum trkw. z> Submitted this. !� -day of Jam/✓199 A A/ Signature ,,,"Print name r Albert J. Krupski, President James King, Vice -President Henry Smith Artie Foster Ken Poliwoda BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DETERMINATION OF NON -JURISDICTION DATE: May 14, 1999 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1882 Fax (516) 765-1823 AGENT: APPLICANT: Vito & Julie Carnevale ADDRESS: ADDRESS: 1500 Hyatt Rd. Southold, NY 11971 PHONE: PHONE: 765-3768 RE: SCTM# 1000-50-01-07 The Southold Town Board of Trustees reviewed the survey dated and received in our office on 5/14/99 and determined that your proposal to Construct an open porch behind the Coastal Erosion Line as indicated on survey dated May 11, 1999. i4 -HO to be out of the Trustee Wetland Jurisdiction under Chapter 97. However, any activity within 75' of the Wetland line requires a permit from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/lms TO: kt- . . . . . . ..... TIM D OF APPEALS rold Town Hall 9, 53095 Main Road ,old, NY ILIL971 TO CARNEVALE YATT RD., -D, NY 11971 50 rt TO: kt- . . . . . . ..... TIM D OF APPEALS rold Town Hall 9, 53095 Main Road ,old, NY ILIL971 TO CARNEVALE YATT RD., -D, NY 11971 50 TO: kt- . . . . . . ..... TIM D OF APPEALS rold Town Hall 9, 53095 Main Road ,old, NY ILIL971 TO CARNEVALE YATT RD., -D, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ------------------------------------------------x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- ----------------------------------------- ----x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, �l� U �%aresiding at (/1100 , New York, being duly sworn, depose and say that: On the day-olF-7o 1914' 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 ight-ofway - 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 hearin date w s -s mwn to be (Signature) Sworn to before me this Q G� ? day of/ l ,197 /. (Notary Public) SHARON A. QUINN NotaryNo.02QU6007744 State of New York Qualified in Suffolk County Commission Expires June 15, .zwo *near the entrance or driveway entrance of my property, as the area most visible to passersby. ti -- 11 - t ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ------------------------------------------ X In the Matter of the Application of V/TO (Names of Applicants) Parcel ID #1000- 50- Ci t - 07 ---------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at � 99fRI s AFFIDAVIT OF MAILINGS York, being duly sworn, depose and say that: AUG 0 9 1999 1 he ?"d y of 1,44-v C,191��, I personally mailed at the United States P i e _z�57oy7'h4oL)>_, New York, by CERTIFIED MAIL, ' RETURN e T REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown o he current assessment roll verified from the official records on file with the (` IAssessors, or () County . Real Property Office :5ip v L , for every property which abuts and is across a public or pri ate street, or vehicular right-of-way of record, surrounding the applicant's property. (signature) Sworn to before me thy/ q %ay of /�� `'fir// '1911 ` SHARON A. QUINN A� Notary Public, State of New YOtk No. 02QU6007744 Qualified in Suffolk County (Notary Public) Commission Expires June 15, �p O PLEASE list, on the back of this Aff dai�it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. 16 7 —/ leo 19- r) 4--lyl //9' -7/ llo,emp.VY 0 Y, /g 7/ /YR .4 Ye's J� ,��L�� y ��T -56 0, 2-3 -5,007-moz-l) Ally I/V 71 .41 PUBLIC HEARINGS, ; - - SOUTHO[:D tOWN ILSBOARDOFAPPEALS 730 ap,m.;" _MATTITUCK n f� BRARY..Requests regarding prop- 1; ll�- WEDNESDAY,!.-',` •= xi • , ert Located _af X13900, Mein°%Itoa r :::AUGUST.18,:1995►''";'_: J y.- 't IVO'i'iCH;IS:FiEREBY,GIVEN;':: q�''(S.R25)';�Vlettituck;,N•Y;Pa;cel:Nos'='(; ursnatitto:Section, " -" '> o0011411=2.for the•followirig:; ."; STATE OF NEW YORK) 267,"of tlie;Tow Law and"tha:,Code';of the.;Town%of' „r;'r_`Exce ti0u'=yndet',eAriiclei!II,{ ) SS' -Southold,,the,followingapplications=,,SecFion;:100-7.1b(4)::to<�zpaad` = wiU be,aald;for public'tiearings'by _ 'libtary;use, (addition): a:-%.;, %_�'._ COUNT' OF ,S FOLK) i' the §OUTiiOLD TOWN,BOARD °- .. ' PP " A L- No: 4729` : Variance I ` Of Mattituck, in said ;APP)rAIS at ;the down Hall; .: �53095iMain„Road;'Southold;;NY' under Article`,VII; Section 100 72 re 'rdid ortlon.„ot"addition-' �a� COLlrl ty, being duly sworn, says that he/she is EDNESDAY-'• ALT_ . -whiehl,,,R be; less.-.41111 a.;>': 11 the,ensteAypropertyline. " , Principal clerk of THE SUFFOLK TIlVIES, a ,.> -��- •' . •-,belo,' (or.assoon.thereatei°aspos� is .,7:45p,m:Appl.No;4731”--808-: weekly newspaper, published at Mattituek, i11 Bible :.' BIE ZORN:;Thts is'a. r'equest fora, Variance• unde# Article.:VII; Section the Town Of Southold, County of Suffolk and RONALD BURK.,Thzs.►s a•cequest . 100=82; based_ . _ a the June 24,1999' for a Variance under: Article XXIV, f 4 State of New York, and that the Notice of which ; , Notice of Uisappioyal:regarding:aa . Section; i0o;244;. based.'upgn the".,' k -•applicaiionforabuilding:permit.ao-' has been reguI.- the annexed is a printed copy, Building D.eparfinegt's,Juse�S;_1999' Notice'of?Dise r`ovai. r'egar'ding a,.• , pP,..., ,: ;move and attaciAe:,ruatn•tiuilding`'',, "�buildIn 'i(tiarn);: ' larl published in said Newspaper once each y ,, small Agck ;eidension witb',tiof !? -wi11"' 'lot colerage Bao air.>gccesso ry`' g under'Articl¢; VIII„Sectioriil00=62,` Week for weeks successively, ,which'eed F y; , !' _limitations:.Lobation',"of; Property:.; ; new coniZr tion`wiil create a single"" With a;�single-family.as a ; ; commencing Ori the (� day i` 145 Hicko Road;;; Southold;;''-=":'structur , t ry,. :; principal use`and building, at'a'set- ', 's LCL (� L{ S L 19 Caunty.Taii Map;Parcel�#1000-54-9=' • I;.southerly Appl,`;No: ". back:Aess jhan' ;20 ifCrsfrom %the" property line: Location of Of i i 6:35" .iri.: •4734--,.; REG(!l!ij1LD;;MINOR: This is a • i...Green f requestfor,a;yariance under.Article:=' Pi periy:;475`Main'Road (S.R.25), ort;= NY;' Count Tax Map'-.1 p P:. :'Parcel Principal Clerk .i `-III=A;°'Section; . I00-30,A.4-"(and 1 ,, #1000=35'j'-22: Zon¢ Limited ' t ,Business:(LB):�-.�'�.�+:�-,�:1� �.: >s, • , �'z i �. ,Sectionv,100=33) Based' upon the?�r I Building Department's'July,15, 1949' . ;..>835.g.m""iAppl No.:4699'� LISA ��' JEROME `` 'r< Notice: of - Disa roval're ardin 'a ' PP g g , • {HARDWARE"` STORE);:=Variatices••are requested`" ;' Sworn to befor e this i double; accessory.;shed •structure, in':' .. ". irithq :. under A ideX;:Section 100-102 to da Of 19 9G% y the side yard; (and'paitly front . j ''kyard) f "at' 360 Stephenson-' Road`. Orient, NY; -"Y p MARY DIANA FOSTER ? ; locate::a -pro osed additionwith.;" : reduced:rear ."attd': froitt``.yard"set= '. �j t PUBLIC, STATE OF NEW YORK (Private .Road .#1), ... Count Tax ad Parcel' #.1000-54 9?, ax County, P. -' ba ks; and under Aiticle X :Section � e `. `� ,t NOTARY NO.52-4655242, SUFFOLK COUNTY , 10d403C,jfor's8'. ro osedr sddition wit6eztendedfrootage;gieaterthan r COiti4RflISSIUN[XPIR(:SAUaUST31,20d1 =6:40 p:mrAppl. Nor 4730 =CAR-= • DONLIN:•�'his is a;request.for , the,. Code limitation of shay linear- "B". --OLE a' Vaiiance�: under.,Artiole` III-A;' = ° '; feet in: theGeneral Business' Zone•District.,Tbis, request is: 6ased';;: Section 100.30A:3-and"Section 100= 244B based 'upon;` the ;Building. ;b •. -. ; upon,ari `application -for a building '- '.' De artment's.May 6 1999 Notice of {.,,; l?-- . + -- - - = permit;,. ;and_ the Building .Department's "F:pril 5;1999;,Notice Disapproval iegarding•a;:carport-;. of; 413isapproval,•:4Location'''of' .'� A additiott� tow'', , nib oedi's!de_ .; Code.zequiremeitt - r•' Properfy: Hart%%Hardware. Store, 50000 Main -Road and Jockey Creek - _ ..yards.aiItss,than at;',910'-`;Neiv:;Snffolk::Ayenue,,•: Drive; Southold, NY; Parcel #1000=' -. Mattituck, NY;"Parcel #IM-11412- 6:45,'p:.nI Appl. No:,4732=:— _70-5-6.2 �^,'' 8:30 pan:'App1: No.~-4724• zC,wRICHAIiD OTOOLE.::This:is:a ;JOEL'-,AND:'MAXINE:.HIRSCH., i.,reiluesf':for'a';Variance under':Article :,'.' `�'XXIII`fSection'":100-239..4B;`liased ' :Continuation 'from' "July"22;' 1999 ' -hearing-calendar.) This;is:a'request;. the;=Building: Department's ' for Variaiii es'tiased oii'the June 34;', i July° ;.1999;Notiee'dPl3is' rovai 1 ` app _ ' 1999";Notice' of .Disappi6%;il''for, a s regarding:a;pooi.in:arealyard_Ioca- proposed "gle-famiIj f'dweUing-. ;,tion; ht-less thbu;75'[eeE'from.tlie. existing= �tilkliedd: Locatiom_- ' ,withrespect`to: (a)•insuftiaeat the`top of.'the.L.I. $Qypd , "' f'; ^Pro ert' s2280'•' Ole age, Y , [(:at less thati`100 )eeNat its'clos- �"es(poiht1k(b)ins"idcien_d6ard :Matttitu&, NY; Parcels#1000-122-4= ,? at less ,than,20 feet-'on' one`sW;; c) z -444.47331—VII ` f-lniifficient'total`c'ombined'sides at CARNEYALE Ihis'ts a request fora' °less itt'an:45 :feet..(d) building heiebt „ a.•Variancevunder Articles XX[II; 6016-45 ft instead of the code:limi- Section;100.239.4'A.:based�40on.the-'? • .�tiop`; of. 35=feetr'.Location of c ent's-lul '1:-1999: i,.Building?Departm . y.' PRig eity'.Noith: Side.; of••";Private:, " Not ice:rtif:Disapproval. egardiog'a.:: =ot�;Way.;'(IIII e,, Road #11Y:. rch:additlon'atleseahan 100-feet ?''exte4"�ing`'.ofVt1ie: North 'side of ..-.,from . iopsof'blufFor-baiik.6f.,Lbng�;' ' Sound'-,,, venutr;:�:Mattituck: - NY; 'y: ` ,Island Sound ;[:ocation'of Propert ; -Parcel'#1000412.4112.°�`%"=" ','1500 t Hyatt,-;, Road,';Southold, s.NY-,<' of Appeals' will at ' same time'an place:hpar ariy and all. • p. pp Ndb:4735-_—:'T : �d.,, persons, or:representativ_es .desiring i MICHAEi,:S FEDELE's This=; is a.: : "to tiel�eard'ia the'atio've applications g ;request,_fof;'a,Lot Waiver atnd'er ? . ,'or,-''#o- s61imi(.written 'statements. 'i: Article Section?1002o-basedri .. :beforeutliehearing:'iseoncluded:; : upon.: theI 136ilding'- Department'i �;'Miy;26,1999 :??Each``heariag will not "`start `•earlier;, Notice of Disapproval'' thanAesignatod:.Files 'are available regarding ;•lot;-'referred;to as'. j' };for reviyw�dunng regular Toyvn--Hall ? I'- Fanning Road; New!Suffolli; Count - ,business hours (8 4—'p.m,) , If you `- Tax Map Parcel.• #1000 117 have. questiods;-please dp not'hesi- `;"mergedputsuanffoSection'100-25A,:'' tate.to call 765-1809.,' f' '` �•� : ' • „ _ �;.=with'.an'adjoining_parcel referred to -L Dated `Augtist'.1,1999: VS., 625 New'Suffblk;`'= .'.ta _' -=:,.; BYORD)rROFTHE§ Parcel #1000-117-4=23: w: ` SO .: UTHOLD TOWN• NY; . 1', 7:10• p:m: 'App1: ;. No:";'4737. = 1.;.BOARD `OF APPEALS;; ELYSE:BORAK.This,is',a;request.';, -"'"GERARD-P.`GOEHRIKOER, `' `.t �• for'a'Nariance:underArticle XXIV,-- s'A:� = • •'-' ?.:' CHAIRMAN; Section.100=2446asedupon:th e7uly'`i- ;t'; .' °: %,'Byi:Kowalski, ';`1805= OFFICE OF ZONING BOAR® OFAPPEAL5 53095 Main Road Southo/d, NY 11971 (516) 765-1809 fax 765-9064 August 2, 1999 Re: Chapter 58 — Public Notice for Wednesday, August 18, 1999 Hearing Dear Applicant: 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. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards' are, returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 8/10/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day -of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures PoRdY PtODW w -rM H 100' oFac.csPF 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: u� '(0"b k suub CRR N E* VA L E DATE OF PUBLIC HEARING: woo Pru(r [Ir M 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 • 160o 14 PA -TT A -D TOWN OF SOUTHOLD e (516) 765-1809 Sb uTfFo Lb L --,larch 22, 1979 •SOUTHOLD TOWN BOARD APPEALS -17- PUBLIC HEARING: Appeal No. 2526 —Upon application of Kodros Spyropoulos, 40-28 82nd Street, Jackson Heights, New York, for a. variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to -construct a deck in the.side yard area. Lo- cation of property: Private Road'(Hyatt Road), Southold, New York, bounded on the north by Long Island Sound; east by Reise; south by Private Road (Hyatt Road); west by Wurtz. The Chairman opened the hearing by reading the application for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its.publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a statement from the Town Clerk that notification'by certified mail had been made to: Mr. Michael Reise and Mr. W. Wurtz. Fee paid $15.00. THE CHAIRMAN: Is there anyone who wishes to speak for this appli-. cation? RUDOLPH BRUER: On behalf .of the applicant. I wish to say before I start that I did not prepare the application. I was retained two days ago. I have been to Dr. Spyropoulos' this afternoon and observed the condition and,it is a deck which the applicant.would like to keep. Apparently he started to construct it, the Building Inspector was informed of it because he did not have a permit, he went for the buildinc_ permit and the Inspector informed him that he -could not have the permit because he needed a variance. This all started last spring. He is a'doctor and does not get out here that often.' I think the deck helps the premises. It is -not the prettiest deck'I have ever seen. It does enhance the approach -to the'sound and the exit way from the side door. I think it is logical in the way it is sitting there. it creates a larger area to serve the rear yard, and we respectfully request that the application be granted. THE CHAIRMAN: Were you ever able to`figure out why this was denied. An accessory structure is normally permitted in the rear yard.. I think the tecnical rear yard is toward the sound. The place where this deck was useful is in the adjoining side yard. How close does this come to his lot line? We do not have -a survey, and it was hard to see when we were there. MR. BRUER: I. think there is a hedge that is the property line. Some bushes. I think it is close to the side yard line. .I don't believe that it goes over into the ne'ighbor's yard. MICHAEL REISE: Sir, I am the owner of the other property, and I know where the lot line is. It is about 4 feet from the deck. The side line is where the woods begin. We own, of course, down to the water. We have never.develo.ped that corner. We just let it grow wild. THE CHAIRMAN:. Your house is to the east? MR. REISE: To the south. When McCabe had that property. It was all sodded and mowed regularly. It has been kept that way ever since. Just like we have kept our woods. The deck is about 4 feet from the lloelo/t ! - SOUTHOLD TOWN BOAT DF APPEALS -18- beginning of the lawn. March 22, 1979. THE CHAIRMAN: What I was going to explain to Mr. Bruer was that an accessory building is generally permitted in the rear yard. Nor- mally we like to stay about 3 feet from a property line. This is a different type of variant. Mr. Reise,-do you have any plans for that side area along that property?_ MR. REISE: Yes, we do. This summer we hope to begin developing the whole stretch there. Part of it has been cleared by our house. But the woods will take a little time and a little money. We want to make it into a garden area. 'Up on the bluff, we already have a rose garden. At the. moment the intervening area has nothing but poison ivy and cherry trees. Real Long Island horticulture if you please. THE CHAIRMAN: There are some beautiful holly trees on the doctor's property. MR.. DOUGLASS: Sure. MR. TUTHILL: Mr..Reise, are you opposing this application? MR. REISE: Yes.. THE CHAIRMAN:- An accessory building.is allowed in the rear yard subjectto the following conditions: (a) Such building shall not exceed 18 feet in height; (b)' Such buildings shall be set back not less than 3 feet from any lot line; (c) All such buildings in the aggregate shall occupy not more than 40 percent of the area of.the required rear yard. Do 'you have anything more to add, Mr. Bruer. SIR, BRUER: I.think it makes sense as ,far as the doctor's property goes. I don't know if Mr. Reise is the neighbor who reported Dr. Spyropoulos to the building department. One of the neighbors.did. It seems to me that with respect to this.'application it suits this property better than not having it there. The way the property rolls this is proper and should be,granted. I don't think that it hinders the neighbors property. THE CHAIRMAN: Is there anyone present who wishes to speak against this application?' MICHAEL REISE. I looked at the application, and I will just go --down the reasons.if you don't mind. Some of this will be.personal opinion -.- THE CHAIRMAN: You mean why he asked for it? MR. BRUER: It was my understanding that at one time Dr. Spyropoulos hada mason structure around the tree,, but he was advised that he would strangle the tree if he left it there. So to save the tree he took doT•,- SOUTHOLD TOWN BOARD; ' ? APPEALS _19- , 'Karch 22, 1979 the masonry structure and replaced -it with the deck. The tree -supposedly can breathe -as there is enough room between the deck and the tree: That is what he means. MR. REISE: The tree which is about 12 inches in diameter comes up through the middle of the deck. At that point the deck is about 6 inches off the ground. THE CHAIRMAN: The deck runs from north to south. The south end of it may be 3 or 4 feet off the ground. MR. REISE: It is probably more than 6 feet from the ground. MR. GRIGONIS: It looks like is about -six feet. MR. BRUER: You can count the blocks in,.that picture. MR. REISE: It is quite high off the ground. MR. BRUER: There is quite a fall off in that area, which makes it logical to have it there. MR. GRIGONIS: The only thing is he should have some type of railing. around it.' THE CHAIRMAN: You cannot really tell if.there are 4 or 5 courses there. Maybe it is six. MR. REISE: It is at least waist high. I would not want to.step off it into the hollow. MR. BRUER: When he says it would be left unaesthetic if he did not have the'deck there, I think it means the deck enhances the yard. 'MR. REISE: I would just like to pick up the points the doctor made one by one. First of all with respect to leaving the tree unprotected. There aren't that many.good trees. up there. He has about 5 or 6 good big, old pines. We have a few large locusts. To do anything which might hurt a tree, I think is out of line. I have gotten two different horticultural opinions today on what would happen to a tree if you built a platform around it. One said, I would not do it if I could get away without doing it. The other said, absolutely not. It would kill the tree, eventually. He did not say the deck would kill the tree right away. By putting the platform around the tree, you are cutting off water inside the drip line. Now the only real water -this tree can get is through this open space. Thisis a great big, tremen- dous tree that needs more water than it is going to get through this space. THE CHAIRMAN: Speaking of the hardship to the tree, weren't those boards spaced a little. It wasn't a solid deck. MR. REISE: Deck boards 3 inch by 9 or 10 inch planks. They are not SOUTHOLD TOWN BOAR )F APPEALS -20- March 22, 1979 spaced that much. THE CHAIRMAN: 'I think that 80 to 90 percent of the water could get to the tree. MR. REISE: As.far as"leaving the tree unprotected is'concerned. I assume that he means no one could hit it -with a lawn mower. They nxow the lawn quite often. You would have to crawl under the darn thing to do that. Pine tree branches would hurt you. As far as making the area hazardous is concerned. His slope and my slope are identical. That particular slope runs right along and down into Lindenmayers. I have been up and down my slope maybe 100 times with a heavy wheelbarrow full of topsoil. I am no Hercules. I can get the wheelbarrow up there all right: I.do'not think it is hazardous. THE CHAIRMAN: One of the oddities of this application is that where he started at ground level, he did not have a structure, but where he finished he did -because it is above ground level. MR. REISE: That's right because he had to hold the end up. As far as the unique hardship is concerned, he has a steep condition next to the main traffic area, mainly from the kitchen to outdoors, that is not quite so. He has an 8 to 10 foot cement deck attached to the passageway out of his kitchen door. In other words from his house to ground is probably 12 feet. That is where that wooden deck begins. I don't see how that is hazardous. The last question of no impact to the environment. I cannot buy that. First of all this is a very sloppy construction job. If you look at the way the boards are cut off. Facing my property they are just cut off. as if someone just went along with a chain saw and cut, cut, cut. It is pretty unsightly job. THE CHAIRMAN: That is an interesting. objection. One that we have not run across very much. MR. REISE: I don't mean to be -picky. This is far away from our house, but we have a deck on the back -of our house and we overlook this area. THE CHAIRMAN: When you speak of developing the area behind.your house, what do you.mean by that? MR. REISE: Clearing the underbrush. Planting part of it grass and flower beds. My wife picked a piece out of HOUSE AND GARDENS which will probably take me 5 -years to do. THE CHAIRMAN: I personally cannot buy your objection. I can see why you feel that way, but I don't think it is serious enough or that the Board can deny the application for the reasons you stated. Is there anyone else who would like to speak against this application? 'y•SC7UTHOLD TOWN BOARS -? APPEALS -21- March 22, 1979 MR. TUTHILL: I was interested in the comments this gentleman had here. Frankly, I was going to ask him what objection did he have?- I guess I am thinking along the same lines as Bob is. The reasons he gives for his application is one thing. Of what I can see of it, I can't see where it is going to hurt anybody. It may well be beneficial, as the applicant states. I am not about to go into horticulture. MR. REISE: As I told you when I -made my objections, they were mainly personal opinion. It's tough to argue against a thing like this with personal opinion when you fellows are sitting there with the law. I don't know the law. The only law I know is that it is way too close to the lot line. It is in the wrong area, and more- over the work was completed. MR. GRIGONIS: We had no way of telling where the line is. THE CHAIRMAN: This gentlemen would be the source on that subject. MR. GRIGONIS: It was probably in all that underbrush: After investigation and inspection the Board finds that the appli- cant wishes permission to construct a deck in the side yard -area. The deck has been completed at this time. The deck is not considered a structure where it starts, but is held up by several courses of cement blocks which places the deck above ground level. The Board generally agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, that Kodros Spyropoulos, 40-28 82nd Street, Jackson Heights, New York, be GRANTED permission to construct a deck in the side yard area as requested. Location of property: Private Road (Hyatt Road), Southold, New York, bounded on the north by Long Island Sound; east by Reise; south by Private Road (Hyatt Road); west by Wurtz. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and.Douglass. attorney, Abigail A. o the right-of-way to their DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals T COUNTY OF SUFFOLK. ROBERTJ. GAFF.1'111 SUFFOLK COUNTY IXEC VE J�¢i i� � TEljl-,EN; .JONES, A.I.C. P. ���" �IRECTOR OF PLANNING Septem er ; Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s)' Municipal File Number(s) Mattituck Library Mattituck Library Zar rn, Bobbi navale, Vito & Julie Minor, Reginald & Sheila Borak, Elyse Tapp (Robert) & Ellis (Nicholas) GGN:cc G:ICCHORNYIZONINGIZON INGIWORKINGILDSIS EPTISD4725. S EP 4725SE 4729 4731 4733 4734 4737 4738 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 47H FLOOR ■ P. O. BOX 6 100 ■ (5 16) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 (1-516) 765-1809 tel. SxJFFOQcoG y Z BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccnmission: XX Variance from the Zoning Code, Article XXIII , Section 100-239..4A Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal N o : 4733 Applicant : Vito and Julie Carnavale Location of Affected Land: 1500 Hyatt (Private) Rd., Southold, NY County Tax Map Item No.: 10 00 - 50-1-7 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land, Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing.or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.. to construct enclosed porch addition within 100 ft. of bluff Copies of Town file and related documents enclosed for your review. Dated: August 26, 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. Vito Carnevale P.O. Box 1222 Southold, NY 11971 BOARD OF APPEALS TOWN OF SOUTHOLD August 20, 1999 Re: Variance Appl. No. 4733 (Six -Ft. Extension) Dear Mr. and Mrs. Carnevale: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination rendered August 18, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of a building permit before commencing construction activities. A copy of this written determination has been transmitted to the Building Department for placement in your pending request for a building permit, and department update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department Town Trustees' Office Decision filed 8/20 _641 6r 3�,Lo/ I APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o��g�fFO��c j� Gyp o - C* Z %�5y BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF AUGUST 18, 1999 Appl. No. 4733 - VITO & JULIE CARNAVALE 1000-50-1-7 STREET & LOCATION: 1500 Hyatt (Private) Road, Southold DATE OF PUBLIC HEARING: August 18, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicants' property consists of 40,894.89 sq. ft. in area with 104.12 ft. frontage along Hyatt Road at Horton's Point, Southold. The lot is improved with a single-family, two-story frame house and wood platform -stairs leading to the L.I. Sound as shown on the survey updated by Joseph A. Ingegno on May 11, 1999. BASIS cDF APPLICATION: Building Inspector's July 7, 1999 Notice of Disapproval citing Article XXIII, Section 100-239.4A of the Zoning Code with respect to a proposed six ft. extension for a porch at the west side of the dwelling with views of the L.I. Sound. The Zoning Code requires a minimum 100 ft. setback from the top of the bluff. The applicant's existing setback is 31 feet at its closest feet and a setback of 25 feet is proposed for the six -ft. porch extension. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a 25 ft. setback from the top of the bluff (15 ft. from the Coastal Zone Hazard Line), for construction of a six (6) ft. extension for one-story height reconstruction (to allow a new enclosed porch at the west side of the dwelling). (No other areas are noted in the Notice of Disapproval, which is the basis of applicants' request.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the six ft. extension is proposed to be constructed over an existing concrete area, and limited to one-story height. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because a major part of the dwelling already exists within the 100 ft. setback range. , 3. The requested area variance is not substantial. 4. No evidence has been submitted to show that the proposed deck extension would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or Page 2 - August 18, 1999 ZBA Appl. No. 4733 - Vito and Julie Carnavale Parcel 1000-50-1-7 at Southold district (see recommendations of the Suffolk County Soil .& Water Conservation District). 5. The difficulty has.not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new one-story porch, while preserving and protecting 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 GOEH HORNING. This Resolution was duly adopted (5-0� GERARD P. GOEHRINGEF CHAIRMAN For Filing about 8/24/99 NS AND SOIL AND WATER CONSERVATION DISTRICT FAX:(516)727-3160 COUNTY OF SUFFOLK Gerard P. Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 August 17, 1999 Dear Mr. Goehringer: ROBERT J.-GAFFNEY SUFFOLK COUNTY EXECUTIVE Thomas J. McMahon DISTRICT MANAGER (516)727-2315 We have completed a site inspection of the parcel known as the Carnavale/ Porch Addition located at 1500 Hyatt Road in Southold.... - The bluff face is very heavily vegetated over the entire slope. At the toe of the bluff, there is no toe stabilization present and it appears that none is required, high tide does not appear to reach the toe. Most of the beach is gravel and numerous glacial erratics are present below the high tide line. No toe stabilization is present to either side of the subject property also. Land above the bluff face appears to slope away from the bluff. There is no evidence of overbank runoff. The house roof runoff is directed into'downspouts that lead into drywells. The addition of a wrap around porch over the existing concrete patio will not increase the amount of runoff presently being discharged to the ground surface. Our only recommendation at this time would be to cut back or top the existing trees that are on the bluff face. Sincerely, PeAA-e 4. �c 41 --- Paul TeNyenhuis,, Senior -District Technician, Suffolk County SWCD RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 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: July 20, 1999 RE: Zoning Appeal No. 4733 - Vito Carnivale Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4733 - Vito Carnivale. Also included are Applicant Transactional Disclosure Form, Z.B.A. Questionnaire, Notice Of Disapproval with Application For Building Permit attached, Receipt #56487 for twenty five dollars dated July 7, 1999, copy of Property Record Card, Survey, Plans and Determination of Non -Jurisdiction dated May 14, 1999. ELIZABETH A. NEVILLE, TOWN CLERK RECEIPT . 074683 Town of Southold Southold, New York 11971 �U Phone: 516-765-180 DATE 1 V g RECEIVED OF: � %� $ FOR—Z—_16 A� p � 0 7� � 7ZZ ❑ CASH CHECK f BY:_� -eloo. oy VTO: FROM: DATE: SUBJECT: ZBA Chairman and embers ZBA Office Staff Ua '/d,/ � Filetpdate With reference to the above application, please find attached the following new information added to the official ZBA office file: -----------�1 _6Q --------------------- --------------------------------------------------------- Comments: ----------------------------------------------------- Number of Pages Attached: I ,—c. -,or< C" *, 43 9/7 0 3/' AUG 1999 " nc,-LU"rt,...c c � .........e ........... I _ . - ...... — _-_ . - - - _ _ 5iA'aT3�t?DS FGR TTRi SUpvEYS AS ESTtPJSH'D BY THE LI.A LS. AND APPq.N`-D AND AD TED FOR SUCH USc BY THE NEW YORK STATE LAND TITLE ASSOCAMN. cN a INCc C� 4S." '0 • eta �•r� } / :)3 .Y.S. Lac. No. 49668 7 �4 y0 ,y.. y♦♦♦♦� r 6 4.S0 0 .. ��• 0 cYr 0 w� `o c_ 4v ' 'wry 1 �! fQ*Nf' - 1 At / z`T �3s i AUL .:.Y.- C44z A( q 3 64..50-00., 000, o�Sf c c JoS �J6 41$1 R^ 1 08 /0. OL L \ •j . ill f�� 46) Or s; \ %?• � 5p / Gp i , UNATHOR•.ZED ALTERATION OR AD0MON TO THS SUWEY IS A VIOLAT", OE SFC'nON 7209 OF THE NEW YOR.t( STATE EDUCATION LAS'. COBS OF TFM St R - WP NST 8' P'4f,, THE LAPD SUETsE 'S Iv"<G13 SEAL OR Ev'n',51-0 SEAL. SWLL NOT PE CONS'DEJPED TO £S A VAM TRA COPY. CF?'TrCATjC*M If*1CATM HET2EON S�OLL RUN C'r Y TO TRE F E?`:oN FDR w,+3,A T� St. WEY IS F*oaR`D, AN:O Ord N'S E*f'HALF TO THE T11E COQ+PP!Y. GOrER* 1'"Tt AL ArENCY AW) LT,'NO140 i*. ^iU' GTI LF'ED M7lp`.CN, pr) ICI IHE r' "v'�`ES CF THE LEN:),NC FNS1'- T.7TiCN. Aq�: 1."J', Tr k<• `ER `' E. EXTSTAwE CF R'C+TT OF WAYS A":7/C0. EAS'kr*;TS OF Fr=71, IF •� c��-� $ �'is � i� i • � L ,..'; ��.� 4�'� 5i V T "e Svrrrrs SL'hAay: �i3 — S h^ P Jrs — Cenr` uct an Lc!twt P;4^'•,= 516)727-2^r'.} . Fcx (516)7221-5013 Com;^"C {C 'r'7 AT SURVEY OF PROPERTY WILI:4� ADD= 0-3 Un*-- P.D. E^x 1531 t:^w Yc". 71531_ SITUATED AT P've-hecd, N^•r York 11x•^1 7 �4 y0 ,y.. y♦♦♦♦� r 6 4.S0 0 .. ��• 0 cYr 0 w� `o c_ 4v ' 'wry 1 �! fQ*Nf' - 1 At / z`T �3s i AUL .:.Y.- C44z A( q 3 64..50-00., 000, o�Sf c c JoS �J6 41$1 R^ 1 08 /0. OL L \ •j . ill f�� 46) Or s; \ %?• � 5p / Gp i , UNATHOR•.ZED ALTERATION OR AD0MON TO THS SUWEY IS A VIOLAT", OE SFC'nON 7209 OF THE NEW YOR.t( STATE EDUCATION LAS'. COBS OF TFM St R - WP NST 8' P'4f,, THE LAPD SUETsE 'S Iv"<G13 SEAL OR Ev'n',51-0 SEAL. SWLL NOT PE CONS'DEJPED TO £S A VAM TRA COPY. CF?'TrCATjC*M If*1CATM HET2EON S�OLL RUN C'r Y TO TRE F E?`:oN FDR w,+3,A T� St. WEY IS F*oaR`D, AN:O Ord N'S E*f'HALF TO THE T11E COQ+PP!Y. GOrER* 1'"Tt AL ArENCY AW) LT,'NO140 i*. ^iU' GTI LF'ED M7lp`.CN, pr) ICI IHE r' "v'�`ES CF THE LEN:),NC FNS1'- T.7TiCN. Aq�: 1."J', Tr k<• `ER `' E. EXTSTAwE CF R'C+TT OF WAYS A":7/C0. EAS'kr*;TS OF Fr=71, IF 0 W CERTIFIED TO: VITO CARNEVALE b JULIE CARNEVALE ti �O a W •S 0 0/F s Nq�d f9 =s+ SOUND VIE1!17" AVENUE i I —:51116-1 V w SURVEY OF PROPERTY a SITUATED AT = HORTON POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-50-01 —07 o� SCALE 1 "=30' 9 DECEMBER 5, 1997 Q Is MAY 11, 1999 ADDED COASTAL EROSION HAZARD LINE .� v AREA = 40,894.89 sq. ft. (To TIF Ur40 0.939 ac. o b 0 W CERTIFIED TO: VITO CARNEVALE b JULIE CARNEVALE ti �O a W •S 0 0/F s Nq�d f9 =s+ SOUND VIE1!17" AVENUE i I —:51116-1 117D� �/l/L/E Cl�,f�/�E�/�iLZ / 50 0 H>'�4 T7- S007-IYOZZ),, N. Y REMOVE EXISTING SOFFIT BUILD OVER EXISTING SHED ROOF �• �. G,lILU1I. 466- DE -R -Z EXISTING 'WALL v -7'14-�7'-7 -,-ice■ii{{�iii�i{ii�ii�{t �� 15' 10 1/2 1'-6 1/4•— TYPICAL ROOF RAFTER DETAIL 2x8 DF ROOF RAFTERS (16' OC. TYP) 6' ALUM FLASHING (TYP 3 -SIDES) 2x8 DF PLATE (TYP) (3 -SIDES) 2x8 HIP RIDGE (TYP 2 -INTERSECTIONS) 2x8 HIP RAFTER (TYP 2 INTERSECTIONS) PORCH ROOF 15' PITCH 30 YEAR ASPHALT SHINGLES 30st FELT CDX PLY(2ND LAYER) 3/4' T&G FIR (1ST LAYER) 'REF DOUBLE 2x8 DF HEADER (TYP) (3 SIDES) 1x6 PRIMED PINE FASCIA BOARD _ (TYP 3 -SIDES) - 6 ALUM COMMERCIAL GUTTER (TYP 3 -SIDES) (�1-17�-I/ 7t' Z)'e,->74/eLLS� 4x4 FIR POST (TYP) 5/4X6 DECKING (TYP) .p / / ^ DOUBLE 2x8 CCA HEADER / (TYP 3 SIDES) 2x8 CCA RIM JOIST 7'-5 7'-S (TYP 3 SIDES) �V 8' 0 CONCRETE PILLARS —' EMEED STEEL JOIST BRACKETS ' TOP OF LEDGER TO TOP I T 5 I I I I c I I I I III �I I I 1 f ri I I I OF RAFTER PLATE I>rE'Y6S/ZL CONCRETE SLAB wJ i i' , EXISTING I I!( I I I _.II (3 -SIDES) III III III -I-II II _SII I, I I I t ! ( I1'-4' FINISHED HEIGHT 1'0TY I I I I I I I I I I( I I( I I I OUBLE 2x8 HEADER FROM EXISTING SLAB 3' BELOW GRADE TY EMBED CONCRETE PILLARS (7) JOIST BRACKETS 7�6 0.C' ) (x' CCA DECK JOISTS 4 NORTH S/IIS _ ITYt' (16 O.C. TYP) I f I I I I 11 7'2 0, C. r7�I�, CSIDES LEDGER EBOARD TYP 3 N RTH RN6' ALUM FLASHING (UNDER SIDING/DECK BOARDS) I I I I (PROPOSED) P O S U R E TYPICAL FULL PERIMETER VOTYPT WESTERN EXPOSURE 3' BELOW GRADE TY (PROPOSED) lA 1-111 LEXISTING I I I=1 I I S -I 11=1 I II I II i -1 11=1 I I-1 111 11=1 11=1 11=1 11= NORTHERN EXPOSURE +' _.•: a L .::.J r. ♦ � _ . Y - I S II 11 EXISTING CONCRETE SLAB (3 -SIDES) WESTERN EXPOSURE (EXISTING) —(3 -SIDES) - (V) 506J771 -51,n - 8'io 11, 01C. Kryp) - to -f+uctc ( /-/, , SOUTHERN EXPOSURE <PROPOSED) RTICO OVER EXISTING ONT ENTRANCE DOOR X8 DF RIDGE MARI) 8 DF ROOF RAFTERS 8 PRIMED PINE FASCIA 6 PRIMED PINE FASCIA ' ALUM. COMMERCIAL GUTTER OUBLE 2x8 DF HEADER (TYP) J2 7 7/8 PORTICO RAFTER DETAIL FXISrING rr t / z r z 111 III � SII III _II I _III_ EXISTING CONCRETE SLAB (3 -SIDES) SOUTHERN EXPOSURE (EXISTING)