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HomeMy WebLinkAbout4678Lfo 'u 6az J W. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning � O�OSUFFO(�-CO Gys ti x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 5, 1999 Appl. No. 4678 - VINCENT BASILICE 1000-53-6-8 STREET & LOCALITY: 3255 Bay Shore Road, Greenport DATE OF PUBLIC HEARING: April 22, 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: Applicant's property is located along the east side of Bay Shore Road, Greenport. A survey map of unknown date, prepared for prior owner Goodrich, shows 75 ft. lot width and 155 ft. lot depth to ordinary high water, for a total area of 11,625 sq. ft. However, the Building Inspector's disapproval is based on an area of 13,112 sq. ft. The property is improved with a principal single-family dwelling, set back 55+- feet at its closest point from the front property line, 17 feet from the southerly property line and 7+- foot setback from the northerly line. The current lot coverage is approximately 2172 sq. ft. BASIS OF APPEAL: Two Notices of Disapproval dated February 23, 1999 for raised brick patio areas in excess of 20% lot coverage limitation and less than 75 feet from the bulkhead, Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B. RELIEF REQUESTED: Applicant is requesting variances authorizing a raised brick patio area of 1102 sq. ft. according to the Building Inspector's calculations, and located 17 feet from the bulkhead at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The patio is partially constructed and consists of bricks set in sand within retaining walls of sand -filled decorative concrete blocks. The highest segment of the patio is almost 3 feet above grade, at the level of the floor of the house; the lowest segment is about 1 foot above grade. Applicant testified that he undertook the project in reliance on advice from a Town employee to the effect that no permit would be needed for a patio of bricks set in sand. However, after the work was underway, the Building Inspector's Office issued a stop order and disapprovals. (2) The Building Inspector calculates lot coverage without the patio as 16.6%; coverage would be greater if the smaller lot size referred to above were used. Applicant testified he wishes to build a large patio in order to suppress insects in his rear yard. Given the lot size and the size 176ge 2 — May 5, 1999 Re: 1000-53-6-8 ZBA Appl. No. 4678 - Basilice of the existing house, applicant needs a lot coverage variance in order to have any patio of the sort he envisions. (3) Because the house is only 53 feet from the bulkhead, applicant needs a setback variance in order to have any sort of above -grade patio at the rear of the house. (4) The neighborhood is characterized by small lots with a fairly high degree of lot coverage, and it is common for structures to be located less than 75 feet from bulkheads. Having in mind that it is in the interest of the neighborhood to avoid creating a greater sense of crowding or greater encroachments on the water views, the Board concludes that grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the amount of excess lot coverage is limited and the open water views enjoyed by applicant and his neighbors are protected. (5) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to construct the sort of patio he envisions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance as applied for, and to GRANT ALTERNATIVELY a variance authorizing construction of a non -permanent patio of bricks set in sand, which shall have a total area of no more than 925 sq. ft., shall be no less than 20 feet from the bulkhead at the closest point, and shall remain at all times unenclosed and open to the sky. VOTE OF THE BOARD: AYES: MEMBERS was Member Horning, of Fishers Island.)1 GERARD P. GOSH CHAIRMAN For Filing 5/11/99 DINIZIO, TORTORA, COLLINS. (Absent 05V_UlV409ted 4-0). RECEI TEED AND FILED BY THE SOUT11CLI) T0`171, i CLEPIK DATE / � /0 /0 '.3011e Town Clerk, Town ci ......................................................•.............................I NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 22,1999' NOTICE IS 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 Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 22,1999`at the time noted below (oras soon thereafter as possible): 6:55 p.m, Appy. No. 4678 - VINCENT AND LINDA BASILICE. Variances are requested under the Southold Town Zoning Code, Article XXIII, Section 100- 239.4B and Article IIIA, Section 100-30A.3, based upon two February 23, 1999 Notices of Disapproval which state that the proposed raised brick patio is less than 75 feet from bulkhead and will exceed 20% lot coverage. Location of Property: 3255 Bay Shore Road, Greenport, NY; County Parcel 1000-53-6-8. The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.xn.). If you have questia^.s, please do not .hesitate to call (516) , 765-1809. Dated: March 30, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ti �,uu A �aPe u WWI NO. J TOWN OF SOUTHOLD� BIIILDING DEPARTMENT IF,��rz SOUTHOLD. N.Y2 NOTICE OF DISAPPROVAL DATE: 2123/99 To •Vineen*,S Linda Basilice,_,,,_ „ __ „ _,_ .!?.W -2y .qqje Dr. _Dix.Hillsi NY 1174b .................... PLEASE TAKE NOTICE that your application dated ....February 5.__,,, 1999,,,, for permit to construct a raised brick patio,,,_ ,,,,__ „ „ „ at p .............. Location of Property 3255 Bapshore Road. rrI€€ 9rc .. ................ House No. Street Hamlet County Tax Map No. 1000 - Section ...53...... BLOCK .6......... LOT ..g.......... Subdivision ............................... Filed Map No. Lot No. is returned herewith and disapproved on the following grounds .that, the prgpgpg¢__,•_,. construction is within 75' of an existing bulkhead. Under Article %%III, Section ••••........................•••••••....••••............................................. 100-239.6B, where there exists a bulkhead, all construction shall be setback ........................................................................................ no less than 75' from bulkhead. ..................•••............•..........•••......................................... ............................. r............................ .......... �± 25% lot coverage) .........................................................................../......,.... . i .Y..... 1. ...... O BIIILDING INSPECTOR Michael J. Verity 17 t-� r,� RV 1/80 FORM. _N0. 3 ✓ TOWN OF SOUTHOLD ` BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL -#A � DATE: ..2(23(99 .............. To..Vincent & Linda Msilice 12 Wapdale Dr ......................... Dia.Sills..N�.11746................... PLEASE TARE NOTICE that your application dated XebMAry 5,......... 109_... for permit toconstruct ........................ a raised brick. patio ...... at Location of Property .3255.Ba�shore Road Greenport House No. Street Hamlet County Tax Map No. 1000 — Section ....53..... BLOCK .6......... LOT ............. Subdivision ............................... Filed Map No. .........Lot No. .... is returned herewith and disapproved on the following grounds that_the .................. proposed construction will exceed 202 lot coverage. Under Article IIIA, ...............................................'---....... .............._.............. Section 100-30A.3, lot coverage shall not exceed 202. The existing13,112 Sq. Ft lot .......................•...'-.........................................--'-•---.......... will exceed coverage by more or less 652 Sq. Ft. (See Attached Sheet) ......................................................... .............................. ........................................................ .............................. ......---•--.....-•---•--'•............................................................. ...... .......... . / ....... BUILDING INSPECTOR Michael J. Verity RV 1180 A& �� v Y Ile— FORM N0. I SETS OF PLANS ............... TOWN OF SOUTHOLD SURVEY ........................ UILDING DEPARTMENT CHECK .. FEB — 5 j TOWN HALL SEPTIC FORK ................... OUTHOLD, N.Y. 11971 BLnp.DEPT.TEL: 765-1802 NOTIFY: iOWNOP ULHO D CALL .................. Examined .................. 19.... MAIL TO: ... .................. Approved. 19... Permit .... �, ._ - Disapproved a/c ...... ... .. ... .. ..... F • (Building Inspector) APPLICATION FOR BUILDING PERMIT 'Date .... �� .�....., 19 �c'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 according to schedule. b. Plot plan showing location of lot and of buildings on promises, relationship :to adjoining premises or public streets or areas, and giving a detailed description of layout of property omr be drama on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such 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 UERM MICE to the Building Department, for the issuance -of a Building Permit pursuant to the Building Tone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances,, building code, housing code, and regu3ations, and to admit authorized inspectors on premises and in building for necessary inspections. .............................................. •..... (Signature of applicant, or name, if a corporation) ?.r s1 1`;111 yt1yit7Y( ........ ......... (Mail address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder t� tn1 Q .... ......................r......... ........................................................... Name of owner of premises .. u aUlC rt Jath �ice, FL SST ................................................... (as an 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. ................... �.i..... ... Other Trade's License No. ! h5 i . A. .. 1. Location of lad on which proposed work will be done.... .........ij ..................................... 7Street �� ilaoolet i ... �.�?....................... ........... ....... ....�... Canty Tax Map No. 1000 section ...... .... Block ................ Iot .... 3- ........ Subdivision ...................................... Filed Map.No................ lot ............... (Name) ' 2. State existing use and occupancy of premises and ' use and occupancy, of proposed construction: a. Existing use and occupancy ...... r... cc r ...��............................................ b. Intended use and occupancy ......... ..................................tJ_ t4 4)J)1 ;I, MA" rt f.. ............. W�� 3. Nature of work (check *ihich applicable): New Building .......... Addition :,. A1'teration Repair ............ Removal ............. Dmoolition ............ Other itio-rk f'trrG fiFs4/?4..C-JR4........._ +,c tion) �Jlq SO, 4. Estimated Cost .......0. t ...... fee .............................................. (to be paid on filing this application) 5. IE duelling, nusioer of dwelling units ............ limber of dwelling units on each floor ................ Ifgarage, cumber of cars ...................................... 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ...................... 7. Dimensions of existing structures, if a": Front.. S o .......... Rear -.r5."........... Depth ........- Height......................... Naber of Stories ..... j ............... Dimensions of sane structure with alterations or additions: Front ............... Rear ............... Depth.................... Height .................... Number of Stories ............... S. Dimensions of entire new construction: Front ................ Rear ............... Depth .............. Height ......................... Nuuber of Stories ....... T ...... ....... 9. Size of lot: Front ... Z ........... Rear .... 2 { ......... Depth ., f.S 5........... 10. Date of Purchase ..................... Nam of Former Owner ........................................ 11. Zooe or use district in which premises are situated? fR2n �{' �(1 �. 12. Does proposed construction violate any zoning law, ordinance or regulation: T:I: .......... 13. Will lot be regraded ...... N�qq� ..... ��Will excess fill be removed from premises: YES 14. Nares of Owner of premises V\�44 S :!.(X°f'/ .. Address ........... Rine No. 47?.......... Nae of Architect Address .............................. Rare No. ... ' . ��{f)t!d) S lA .Tut .. Address � �� f OK �S�ae L3. �.Phate No. Name of Contractor ... .... ........ ..........�. 15. Is this property within 300 feet of a tidal wetland? * YES ...1!..... M .......... *IF YES, SQD1)(ED TM TRIJIMMS PUMT FM M MQITTRED. PLOT DIAGRAM Locate clearly, and distinctly all buildings, wbether existing, or proposed, and indicate all set-bw-k dimensions from property lines. Give street and block number or description according to deed, and show street names and indiLate wiuether inferior or-wrnerlot, 'See 0. -C , srA1r•, or• "T;r 001ffilY OF' J. �..,�t iiiiiiVVV ,}.. ss !.!....................... being duly sworn, deposes and says that he is the applicant (Nam of individual signing contract) above narted, //�� lieis the .... Dwn.e-.r.................................................................................... d(contractor, agent, corporate officer, etc.) of said owner or -owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of. his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. I Sworn to�b/�fore me this f .........C......... y of h. 19..7. { .- Notary Public . �E-PROS$ ... Nob" Public, State of New York No.OIPR4992555 potlHied in Nassau Count, OOmmledon Expires Feb. 24, 1*Q'bw I�. .. �........... C�-� Lam... (Signature of Applicant) MAR 3 1699 Town Clerk S011thoid TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.� DATE TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y 1, (Wel ..h) o 5;�: C_Q_ .of ....... 5? for .. ?.t s4. � e Name of Appellant Street aril Number • � � n PP ................ .. . ..............HEREBY APPEAL TO f Municipality State THE ZONING BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO, .............................. DATED...... i �.1__43.9......................... WHEREBY THE BUILDING .INSPECTOR DENIED TO 'Name of Applicant for permit yy of Street and Numb r Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY S ........................... on Zoning Mop District 1000�Section6 3Block6 Lot Current Owner i c2d1�-rL nr�o s �I"cam _....... _. _. ......... Mop No. ®p o • Lot No. , Prior Oven e r _ Sat,2, -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 i'®® Section o�•S'3a ` ,8 i®O 3® 19 a 3 3. TYPE OF APPEAL, Appeal is mode herewith for (please check appropriate box) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous; appeal (has) ( ias no, been mode with respect to this decision of the Building Inspector or with respect Ic This proper y. Such oppeol' was ( ) request for a special permit ( ) request for o variance and was made in Appeal No.................................Doted.............................r........................................ REASON FOR APPEAL ( )A Variance to Section 280A Subsection. 3 (,,,)/A Variance to the Zoning Ordinance is requested for the reason that Form z111 (Continue on other side) REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards fol "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: (� „� Q�"�,kp +-} t'3""�"-" f s A_Cfa'Me�.BA �.C.2.,2.�� iv f:.-6n'+�•�w.M�� Z. The benefit sought by the applicant CANNOTbeachieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: 'Q 5 is k - �(c.� �' r-ao- 3. The amount of relief requested is not substantial BECAUSE it cna'r��O-..-..-� -�-b h2 'l 5Ew 4. The'variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 'Z)Jtc v� �- c.¢srr•.ri ov.. e.CC¢..��r� u.c�o4 cM. Co r.....nw�c1-I,-) , 5. Has the alleged difficulty been self-created? (>C) 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. 31 STATE OF NEW YORK) COUNTY OF SUFFOLK) Agent must attach written consent from owner. Sworn to before me this J,,,,j day of vac`- , 19 ,?9 . c liNDAJ.COOPER �xrl c/ f arae. *rarf temp Notary Public, state of NewYoc No. 4822563, Suffolk CWJMY ,00D `- _ Term l::x res l?e;-Smher 3%, ���'iOWN OF SOUTHOL[€` RTY C'RD VV OWNER STREET! ' VILLAGE DISTRICT SUB. LOT S 1 C/ u FORMER QWNERU � ( 1� y a l e e�l? N v e 2• Clam:' r 4 E ACREAGE 36-Z <Ak C (w7Qv�rIG S W �(TYPE OF BUILDING RES./O SEAS. VL. FARM COMM.I IND. CB. - MISC. I Est. Mk .Value LAND IMP• TOTAL DATE REMARKS ate- Ncfiv oa z_ ; 1 o 3 oa 00 ©o 30o a °- _ 97ocs ! 27 9cr r�N Gl L/'IY.?=s-z6� ? �noclrl eti �o ,S le°° j AGE BUILDING CONDITION LL q/6,-06 Nie/J IP P/l�eFSid�l�{ NEW NORMAL BELOW` p gpVE FRONTAGE ON WATER a o Farm y a p Acre Value Pei Adre �� Value FRONTAGE ON ROAD Tillable 1 BULKHEAD - ,-Tillable 2' DOCK— ---- Tillable, 3 t Woodland -- _ e 5 Swampland,, 113 L1f (n �y- Ci �PrsJ�O��f ✓✓in MIC Brushlond r« s ao L 117770 �"SLII 'rr) {p05/%1.42270nnn` �2 9�`� House Plot — �-�—_�t� a 5`�' AL-f�w.,��`i(orrT 4o- iQ %lo'C E�u�iS/ TwU i7/Okl Total A �haa.mauxuJy. .. Lrwra..snYrx'+W;ffPt..vvuP,vAwln.+vx.. M. Bldg. Extension ci3 X '� y`" 7 S!a Extension /Z (f % j Extension 111 v..�kol.rweua�-- v'fr >i Pon M. Bldg. Extension ci3 X '� y`" 7 S!a Extension /Z (f % j Extension 111 v..�kol.rweua�-- v'fr Pon L°dwL 4,�R Bath _ -- 6ass9e ( G9 2vN.is O. B. q q B'4 e - 8o � l U.Y.,wNn'kMrAY .�i „4,�,LG?�v �.. �3MrinKt+u: Pon L°dwL 4,�R Bath _ -- -- $ 25-71 B'asement loors Ext. Walls Vete°t t.r `interior Finish ------------ �� I — ---- Heat ---t1--�--Y P4 r ?Z. Fire Place I ta`1 �---- Porch -- Roof Type - — — — — Porch Rooms 1st Floor -- 2v — ¢�Z IQ5 Patio Rooms 2nd Floor — Driveway ¢ s Dormer r� '`9fi �1YPYYk*>Ae�*'N+Mse. e.aaYAenWtM'.r$ r��4n �� 'Lour 55 m is ci N.'66.09'fr. LL (w 1 ...t51L,vtvdl�`I y~._. ..-.• (i. psi t� �. t rtPfs s. 6 6• �9' vet. 55.a CL l MAP. CSF "pk<OPERTY o� •: I �:' � :� 5 URV EYED FQR Al ` H�JR::,1..... :. MA (!-�i L{� . GOODRICH Z ig A 7-- jeo z lqto - _-r- %1 4 lid Z ISI dam J APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 5, 1999 Appl. No. 4678 - VINCENT BASI LICE 1000-53-6-8 STREET & LOCALITY: 3255 Bay Shore Road, Greenport DATE OF PUBLIC HEARING: April 22, 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: Applicant's property is located along the east side of Bay Shore Road, Greenport. A survey map of unknown date, prepared for prior owner Goodrich, shows 75 ft. lot width and 155 ft. lot depth to ordinary high water, for a total area of 11,625 sq. ft. However, the Building Inspector's disapproval is based on an area of 13,112 sq. ft. The property is improved with a principal single-family dwelling, set back 55+- feet at its closest point from the front property line, 17 feet from the southerly property line and 7+- foot setback from the northerly line. The current lot coverage is approximately 2172 sq. ft. BASIS OF APPEAL: Two Notices of Disapproval dated February 23, 1999 for raised brick patio areas in excess of 20% lot coverage limitation and less than 75 feet from the bulkhead, Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B. RELIEF REQUESTED: Applicant is requesting variances authorizing a raised brick patio area of 1102 sq. ft. according to the Building Inspector's calculations, and located 17 feet from the bulkhead at its closest point. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The patio is partially constructed and consists of bricks set in sand within retaining walls of sand -filled decorative concrete blocks. The highest segment of the patio is almost 3 feet above grade, at the level of the- floor -of the house; the lowest segment is about 1 foot above grade. Applicant testified --that;he undertboK'the project in reliance on advice from a. Town employee to the effect that no permit would be needed for a patio of bricks set in sand. However, after the work was underway, the Building Inspector's Office- issued a stop order and disapprovals. (2) The Building Inspector calculates lot -coverage without the patio as. 16.6%; coverage would be greater if the smaller lot size referred to above were used. Applicant testified he wishes to build a large patio in order to suppress insects in his rear yard. Given the lot size and the size Page 2 — May 5, 1999 }; Re: 1000-53-6-8 ZBA Appl. No. 4678 - Basilice of the existing house, applicant needs a lot coverage variance in order to have any patio of the sort he envisions. (3) Because the house is only 53 feet from the bulkhead, applicant needs a setback variance in order to have any sort of above -grade patio at the rear of the house. (4) , The neighborhood is characterized by small lots with a fairly high degree of lot coverage, and it is common for structures to be located less than 75 feet from bulkheads. Having in mind that it is in the interest of the neighborhood to avoid creating a greater sense of crowding or greater encroachments_ on the water views, the Board concludes that grant of the relief set forth below will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties because the amount of excess lot coverage is limited and the open water views enjoyed by applicant and his neighbors are protected. (5) There are no factors present to suggest that grant of the relief set forth below will have an adverse effect or impact on physical or environmental conditions. (6) The grant of the relief set forth below is the minimum action necessary and adequate to enable applicant to construct the sort of patio he envisions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to DENY the variance as applied for, and to GRANT ALTERNATIVELY a variance authorizing construction of a non -permanent patio of bricks set in sand, which shall have a total area of no more than 925 sq. ft., shall be no less than 20 feet from the bulkhead at the closest point, and shall remain at all times unenclosed and open to the -sky. VOTE OF THE BOARD: AYES: MEMBERS was Member Horning, of Fishers Island.) _J GERARD P. CHAIRMAN ER, DINIZIO, TORTORA, COLLINS. (Absent 3n Was7-"u r OoDted 4-0). RECEIVED AND FILED 1P THE SOLTiHOLID TO;d,11 C PW�'.. DATE D r I l EOUR 10" 30 PV Town Clerk, 'town of. Southold COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE PHEN M. JONES, A.I.C.P. DEPARTMENT OF i� PLANNING I NING May 20, 1999 f /? SAY --------; �; ; IjLZ2 4 /9Z Town of Southold Zoning Board of Appeals 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. Applicants) Municipal File Number(s) Mortimer, Patrick 4636 Boyle, John 4655 Raynor, Frank SE4665 Henry L. Ferguson Museum, Inc. 4671 Hughes (Anthony) & Hulme (Susan) 4675 ,✓Rasilice, Vincent & Linda 4678 Rogers, Jon & Jacqueline 4679 Terry, Raymond & Barbara 4680 Hughes, Michael* SE4681 Campbell, Virginia 4683 Tully, Shawn* 4684 *With the understanding that premises will be developed consistent with appropriate mitigation measures, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GN:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 I \ 1 \ oil SI BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (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 Omission: X Variance from the Zoning Code, Article XXiiiSection 100-239.4B Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4678 Applicant: Vincent & Linda Basilice Location of Affected Land: 3255 Bayshore Road, Greenport, N.Y. 11935 County Tax Map Item No.: 1000- 53-6-8 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) Shelter Island 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 Raisa4 patio less than 75 feet-LOt coverage & Bulkhead setback Copies of Town file and related ocuments enc osed for your review. Dated: j2///, 1999 �icJ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. and Mrs. Vincent Basilice 12 Waydale Drive Dix Hills, NY 11746 BOARD OF APPEALS TOWN OF SOUTHOLD May 11, 1999 Re: Appl. No. 4678 - Variance for Patio Area Dear Mr. and Mrs. Basilice: 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 May 5, 1999 for Alternative Relief. Please be sure to follow-up with the Building Department (765-1802) with an amended construction plan to comply with the Board's limitation, in order that they may then issue a building permit (and later, a certificate of occupancy). A copy of this written determination has also been furnished to the Building Department for placement in its pending application file and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Decision filed 5/11 z . 6 o g C►Rp��Q_L����:._..._--- ��```�_?�'`� 1- -moi'' Ll r Vag .18 o sow" -fin-- A-4— 4 M m n � 7 i7 n n n i V ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER � p�pS�fFOLKC o - y 2 oy p�� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 3, 1999 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: Zoning Appeal No. 4678 - Vincent 8 Linda Basicile Transmitted herewith is Zoning Board Of Appeals Application 4678 - Vincent & Linda Basicile. Also included are Notice Of Disapproval, Applicant Transactional Disclosure Form, Z.B.A. Questionnaire, copy of Survey, Application For Building Permit and sketch of deck. MEMORANDUM TO: Town Clerk's Office MAR J 1999 FROM: ZBA Office lown Clerh soucnpld DATE: March 3, 1999 SUBI Variance for Linda and Vincent Basilice Appl. No. 4678 Please find attached additional $200 check received for the balance of the filing fee for both the bulkhead and lot coverage variance requests. The total collected for Appl. No. 4678 is $600.00 and is based on the drawing submitted only a few moments ago by Mrs. Basilice (this additional sketch was requested by our department because it was not part of the Building Department's construction application file). Thank you. APPLI, TRANSACTIONAL D OSURE FORH The Town of Southold's Code of Ethics prohibi interest on the part of town officers ana_ purpose of this form is to provide informa alert the town of possible conflicts of in it to take whatever action is necessary to Flic . T erest and allow avoid same. YOUR NAHE: �lr't6Q,-C Iy ,"I" C= - (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 K 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 K If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); . C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 3 day ofA,,'`1999 Signature C Print name L',&¢- C_ 13a'S , c_ 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.) +- 0 O ne r- ifl C n'y) Vq Q� B. Is the subject premises listed on the real estate market for =' sale or being shown to prospective buyers? ( } Yes ( Q No. (If Yes, please attach copy of "conditions" of sale.) c. Are there any proposals to change or alter land contours? ( } Yes 00 No D. 1. Are there any areas which contain wetland grasses? 00 . 2. Are the wetland areas �shown on the map submitted with this application? _ 3. Is the property bulkheaded between the wetlands area and the upland building area? NO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Truss— for its determination of jurisdiction? )moo _ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? )moo (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 submitt' i ng? On If none exist, please state "none . " G. Do you have any construction taking place at this time concerning your premises? V -)o 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? o If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel : C C9--- C s and oromosed use sICGL, Ca — WE 3/87, 10/90Ik ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of t*ici 0- (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 53 - 6 - a x AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, , InC _Iv z is e. residing at m J, New York, being duly sworn, depose and say that: On the I -.l day of AIVO ( ,19a�, 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 adatq of the subject hearing date, which hearing date was shown to be L) C (Signature) Sworn to before me this Af�h day of PP f1 , 19�. (Notary P lie DIANA GONZALEZ NOTARY PUBLIC, STATE OF NEW YORK NY COMMISSION EXPIRES 01-19-01 01G0f 18799 *near the entrance or driveway entrance o my property, as the area most visible to passersby. ® § 58-1 NOTICE OF PUBLIC ARING 158-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. Southold 12-27-1995. the .r No. 25- Board5. f the Town of l2-27-1 95 . as L 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 �ek,I,h°t more than ten e s sign shall be (10) feet from the property displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street § 58-1 SOUTHOLD CODE § 58-1 Included in the application. Such from the property certified mail, return receipt notice shall be made by prior to the date iequeated. Posted at least seven (°n days P itcaMon and or ttie Initial public hearing on the aPP Lh addressed to the owners at the addresm listed agent shall. em on the local assessment roil. The applicant P lic nted with this file an affidavit that S/he provision. r ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of �n���,^ (7� ►/lel h V � e- 0,_ 1 t [.- (Names of Applicants) Parcel ID #1000- 673 - - ------- ----------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS +5c -S '( I «2 residing at New York, being duly sworn, depose and say that: On the (�'l day of i" )P -L( ,19 q � , I personally mailed at the United States Post Office in New York, by CERTIFIED MAIL, RETURN RECEIPT REQtjgSTED, 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. (� c (signature) /dSw rn to bef re me this ay of • 1 MMMETHA STA7M f4OUAY PUBLIC. ft 0 S 6008 7 173Site of.New York . Suffolk Co�urt�y x' otary Public) ` Tenn ExPkes June -B, 205 PLEASE list, on the back of this Afftdm�it or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. C, � 'k oef rY1Q .-- P.O-�o� 2aS q44 3o7o r(�x�5��= Road 4:TC b ijj - NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS j THURSDAY, APRIL 22,1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Towl Law and the Code of the Town e Southold„ the following application will be held for public hearings o:' THURSDAY, APRIL 22, 1999 b the SOUTHOLD TOWN BOARI OF APPEALS, .at the Southold Town 'Hall, 53095 Main Roac Southold, New York 11971 at tli times noted below (or as soon them after as possible): 6:35 p.m. Appl. No. 4677 - SCACE. A' Variadce is request .under the Southold Town Zoni� code, Article XXIV, Section 100-2� to locate a proposed dwelling with setback -at less than 55 feet from t} (westerly) front property line. Tt1 subject property contains less than 79,999 sq. ft: in area and is defined as a corner lot with more than one front yard area under the Zoning Code. Location of Property: East End Road, Fishers Island, NY; County Parcel No. 1000-4-5-18. 6:40 p.m: Appl. No. 4672 — 12OUGLAS AND AMY ROSE. A Variance; is requested, -under the Southold Town Zoning Code,,Ar- ticle XXIV based upon the De- cember 3, 1998 Notice of Disap- proval which states that the pro- posed addition does not meet the requirements of Section 100-244 for a required 15 ft. side yaid setback. Location of Property: 500 Maple Lane, Southold, NY; County, -Parcel 1000-64-01-20. 6:45 p.m. Appl. No. 4673 '— JOHN LAN!G (HANS LANG). A Variance is requested under the Southold Town Zoning Code, Ar- ticle IIIA, Section 100-30A.4, based upon the January 28, 1999 Notice of Disapproval which states that the proposed shed is in the front yard area. Location of Property: 190 Osseo Avenue, Southold,. NY; Parcel 1000-87-3-20. 6:50 p.m. Appl. No. 4674' STEPHEN FRIEDMAN. A Vari- ance is requested, under the Southold Town Zoning Code, Ar- ticle XXIV, Section 100-244B, based upon the January 8, 1999 Notice of Disapproval which states that the proposed addition/alteration to an existing dwelling is less than 25 feet for total combined side yards. Loca- tion of Property: 2140 Deep Hole Drive, Mattituck, . NY; County Parcel 1000-123-04.4.1. 6:55 p.m. Appl. No. 4678 — VIN• CENT AND LINDA RASi1 (E, - variances are requested_under the " h boutnold Town Zoning Code, Article XXIII, Section 100 -239.4B - and Article IIIA, Section 100-30A.3, based upon two February 23, 1999 Notices of Disapproval which state that the proposed raised brick patio is fess than 75 feet from bulkhead and will exceed 20% lot coverage. Location of Property: 3255 Bay Shore Road, Greenport, NY; .County Parcel 1000-53-6-8. 7:00 p.m. Appl. No. 4680 — RAY- MOND AND BARBARA TERRY. A Variance is requested under the Southold Town Zoning Code, Article XXIII, Section 100- 239.4B, based upon the Notice of Disapproval which states that the deck is proposed to be located with- in 75 feet of existing bulkhead. Location of Property: 610 Jockey 1999 Notice of Disapproval which states that an addition is proposed at less than 100 feet from the top of the bluff of bank of the Long Island Sound. Location of Property: 2840 Stars Road, East Marion, NY; Parcel 1000-22-3,1. 7:40 P.M. Appl. No: 4682 — PETER AND MARILYN WIN T RS. A Variance is requested under the Southold Town Zoning: Code, Article III -A, Section 100- 30A.4 (ref. 100-33) based upon the December 29, 1998 Notice of Disapproval for the reason that (a portion ._of) the accessory inground swimming pool is in .the side yard area: Location of Property: 505 Custer Avenue, Southold, NY; Parcel 1000-7-9-24. 7:50 p.m. Appl. No. 4681 — MICHAE ` K. H11GHES and NORTH SHORE YACHT SALES. A Special Exception is requested under the Southold Town Zoning Code, Article XX, Section 100- '101B(12)`for permission for Tetail sales, display and service of boats and marine items, an authorized use in thii `B" General Business Zone District. Location of Property: 9605 Main Road (formerly Bergen Oil), Mattituck, NY Parcel 1000-122-6- 12. 7:52 p.m. Appl No. 4683 — VIR. GINIA CAMPBELL (by Patrick Kelly). A Variance is requested under the Southold Town Zoning Code, Article III -A, Section 100- 30A.3 and Article XXIII, Section. 100-239.4 based upon two February 26; 1999 Notices of Disapproval which state that the addition is pro- posed to be located at less than 75 feet from the bulkhead and will exceed the overall 20% lot coverage limitation. Location of•Property: 215 Harbor Lights Drive, Southold, NY; • Parce1"1000-71-2-6. 8:00 p.m. Appl. No. 4675 — ANTHONY H UHF and STT SAN HULME. A Variance is re- quested based upon the January 21, 1999 Notice of Disapproval which states that under Article XXIV, Section 100-244B, the required side yard for lots. with .59 acre is to be 15 ft. minimum and a total combined side yard of 35 feet. Location of Property: 1330 Salt Marsh Lane, Peconic, NY; County Parcel 1000- 68-03-03. 8:10 ' p.m. Appl. No. 4636 = PATRICK MORTIMER. A Vari- ance under Article XXIII, Section 100-239.4B -is requested for a deck addition, as shown on survey , ,mended by March 2, 1999 and'- atch 18; 1999, to be located at less S of Mattituck, in said Fn, says that he / she is SUFFOLK TIMES, a dished at Mattituck, in ICounty of Suffolk and that the Notice of which ed copy, has been regu- dNewspaper once each , weeks uccessively, the day 9� Principal Clerk Sworn to before me this day of 77----"" 19� 4ykDIAFOSTER NOTARY PUBLIC, STATE OF NEW YORK NO. 52-4655242, SUFFOLK COUNTY COMMISSION EXPIRES AUGUST 31,1977 - - ----------- UARinNcE•.�i�.s�..:.yac.lop FPO'04t Amb W10P.9GE NOTICE OF HEARING 1 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 RECOR.D: UNCENT+,CiNGA ,�AaiL�cE DATE OF PUBLIC HEARING: 7X&rze flP.tlL .i2, / 9 9 ! 4r 55,,.,,,, 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 3 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD 0 (516) 765-1809 Smt64r"3*y S,1P1a�2E /1.. (TieFEN1AoAT OFFICE OF ZONING BOAR® OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 April 1, 1999 Re: Chapter 58 — Public Notice for Thursday, April 22, 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 newspaper, the Town's official newspaper for 2/1999-2/2000. 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, 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 Hoard at the hearing. you must post the enclosed sign no later than. 4/14/99. 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 postpone your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office