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HomeMy WebLinkAbout4710tiG7:001 --r, ✓C Pez F 6j�'✓'/9� a�•7io �,y. �/.zv/gp r 7%��yy cC®.mss reucT �7 E'eK w`G-AL o (xkFev fJP!',t� ,6rctiC/�Enb JE78 Rcr� y�9 �Q,QE'1>: iPE5 it/IATA'i Tl�-2i97 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 JULY 22, 1999 Appl. No. 4710 - JOSEPH FRAZZITTA 1000-92-1-6 STREET & LOCALITY: 1420 Inlet Way, Southold DATE OF PUBLIC HEARING: June 24, 1999 and July 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 BASIS OF APPLICATION: Applicant submitted an application to the Building Inspector on May 27, 1999 for a permit to construct a deck with gazebo to be located 25 feet from the bulkhead, as indicated on the survey map dated January 20, 1999 prepared by Warren A. Sambach, Sr., P.E. The Building Inspector disapproved the application on May 27, 1999 stating that the "proposed deck and gazebo being located on a lot in an R-40 Zone is required to have a setback 75 feet from the bulkhead pursuant to Article XXIII, Section 100-239.4B. Proposed deck and gazebo located +-25 feet (twenty five feet) from bulkhead as per plan dated January 20, 1999." APPLICANT'S REQUEST: On May 27, 1999 applicant filed a variance application with the Zoning Board of Appeals to locate a 14 ft. by 20 ft. deck with gazebo +-25 feet from a bulkhead, instead of the code -required 75 foot minimum setback. PROPERTY FACTS/ DESCRIPTION: The applicant's property consists of 21,772 sq. ft. in area with 121.04 ft. frontage along Inlet (private) Way, 179.20 feet along the easterly property line, 256.34 feet along the westerly property line, and 100.39 feet along mean high water mark, near the lower bulkhead. This lot is shown as Lot #97 on the 1927 Map of Cedar Beach. A single-family dwelling exists at the premises situate 56.7 feet from the front property line. 1. On June 24, 1999 the Zoning Board of Appeals commenced a public hearing on the matter. During the public hearing, Board Members raised concern that the application before it was identical in nature to a prior application (appeal), which was denied by the Board of Appeals. 2. Under the prior Appeal #4570, the Zoning Board of Appeals on June 11, 1998 denied applicant's request to locate a 14 ft. by 20 ft. deck with gazebo at a setback from the bulkhead of 26 feet at its closest point. The Board granted Alternative Relief to locate the deck with gazebo to be set back a minimum of 40 feet from the bulkhead at its closest point. 3. When asked at the June 24, 1999 public hearing if the gazebo -type deck was the identical structure reviewed by the Board in the prior application, applicant's Attorney testified: "It's the identical structure, but there's no further encroachment beyond the 25 feet." 4. The proposed variance request is approximately one -foot (25) feet greater than the 26 -foot variance denied by the Board on June 11, 1998 under Appeal #4570. or I Page 2 - July 22, 1999 a ZBA Appl. No. 4710 - Joseph Frazzitta Parcel 1000-92-1-6 at Southold 5. The June 24, 1999 hearing was recessed to allow the Board to consult with the Town Attorney and to further review the evidence submitted by the applicant, and to compare it with the prior Appeal #4570. 6. The hearing was reconvened on July 22, 1999 at which time the Zoning Board of Appeals concluded that: a) The two applications are identical. The May 27, 1999 variance application to locate a 14 foot by 20 foot deck with gazebo at a setback from the bulkhead of +-25 feet at its closest point is identical to Appeal #4570, dated June 11, 1998, in which the Zoning Board of Appeals denied applicant's request to locate the identical 14 ft. by 20 ft. gazebo with deck at a setback from the bulkhead of 26 feet at its closest point. b) In considering all testimony, documentation, evidence submitted by the applicant, and on the basis of all testimony and documentary evidence received and/or on file, that the Zoning Board of Appeals finds that no new fads or changed circumstances had been presented to warrant a New Hearing on this matter. c) Thus, the application, Appeal No. 4710, is barred by the doctrine of res judicata. 7. At the applicant's request, immediately thereafter the following Resolution was offered: Motion offered by Member Collins, seconded by Member Horning, to authorize a rehearing of the Joseph Frazzitta matter, Appl. No. 4570. VOTE OF THE BOARD: AYES: (none). NAYS: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORNING. This Resolution was DEFEATED ( ERARD P. GOEHRIN(SE For Filing about 8/30/99 :dECEIVED AND., FIT.5 D BY -K DATE d7 3 il f /0; 3a ert� Town Ci,i . NOTICE OF PUBLIC HEAP SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, thefollowingapplication 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, JUNE 24. 1999 at the time noted below (or as soon thereafter as possible): 9.05 p.m. Appl. No. 4710 - JOSEPH FRAZZITTA. A Variance is requested under Article XXIII, Section 100-239.4B to locate a proposed accessory building at less than the code requirement of 75 feet from the bulkhead, and at less than the 40 ft. setback condition provided under ZBA Appl. No 4570 dated June 23, 1998. Location of Property: 1420 Inlet Way, Southold, NY CTM Parcel 1000-92-1-6. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or 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.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski at (Q) - z .laaaed r% � - Pa gacg _uo �ulllaMP•FTl�t33•at$uls auo;ao; �E �i;laatea, Pas, ' 1 �1 gnea aoJ gtPVA 101 u! olljnsui (e) 4 I / �.... `so;taafoaduols t 215 Green FitII-Une, 'res Lot 1z3, Greealiort; STATE OF NEW YORK) =33=2-48. ,_ '= )SS:. i; Appl. , No. 4698 LIEBLEIN' ' - and COUNTY OF S7FQ jK) 'OND REALTY: Va of iyue `steel for lot area of 'Inn 'Lll� I ^ l (l f (.S Of 1VlattitLlCk, in Said f<., tot depth of 100= ft; 'less than 25 feet, land - county, being duly -sworn, says that he/she is at less -than 20%, and Principal clerk of THE SUFFOLK TIMES, a. ghvai iiigthis M. -District weekly newspaper, published at Mattituck, in haseduponanapp&ea- the Town of Southold, County of Suffolk and iuilding permmt'to-oon- storage, bndding-faciuty State of New York, and that :the Notice of which luilding- Departments '- the annexed is a printed copy, has been regu_- 1999 Notice of I citing- Article' XII, larly published in said Newspaper once each )-12t and--ma->d 2945 week for L weeks successively, aperty:�62S45and624j ];'Par'cets southold,�No. comme cing On. th 3 day rl and N Apps. No.; 4662 — Ofl � n .r...-. 1 9 RUSIFgV &c PAMELA . -Yatiance9 are request- ' rttcle III, Sections 100- 'and Article x)MI,Principal 235A(4based upon the _ Clerk::: in.. 1002 `WmQ nf is this,penaing sutsdivi- Sworn to before me this or, .lent lot width for each _ day of rcel A and B, for :one dwelling use on each cient lot area of, pro- ,-,: C ;. rent side yards for each celA and B; cienttotal side yards osed Parcel A and B; ;ed°'Parcel B —: with buvenientaccess,% Ise structure on Parcel Location - of 'Main .'�goad ind'Joc3ceyCreek. `1y.`'cr i'Parcel- t- No. 4710 -A Vari, 1'uvder_: At3icle 239;4BaYo looa.,;e.,. - 'Kbiii4imgatfless remeniof?Sfeet 'and aticss;than adtiouprovided - Noi '4570 -dated oetpre conrill cluding thi.bdidng. Each . heatutg ' snot start";eaiGer tliari designated ` Files are'.avaable for: review "during °regulaz Town Hall` •business hours (&4' PIT;: f,you' ,have questions, pleasf do n_ot heli, tat�to call (516) 765-1809,.., . . Dated May 26, .1999. BY ORDER OF:THE. . `..� -SOUTHOLD-TOWN . `BOARD OF:APPEALS..: GERARD E GOEHRINbFR By Linda CHAIRMAN H olRw 1725.1TJu3 - FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO Patricia C. Moore Esq. A/C Joseph Frazzitta 51020 Main Road Southold N.Y. 11971 Please take notice that your application dated May 27, 1999 DATE; May 27, 1999 For permit to Construct a deck with gazebo at Location of property 1420 Wet Way Southold N.Y. County Tax Map No. 1000 - Section 92, Block I Lot 6 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Proposed deck and gazebo being located on alot in an R-40 zone is required ti X)(II Section 100-239.4B . Proposed deck at as per plan dated January 20, 1999. Authorized Signature BOARD OF HEALTH ............... FORM NO. 1 3 SET$ OF PLANS ............... TOWN OF SOUTHOLD. SURVEY ........................ BUILDING DEPARTMENT CHECK TOWN HAM SEPTIC FORM ................... SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL .................. Examined., .=:�.? !..., 193J MAIL TO:.. ..... ...... .. Approved , 19.... Permit No. ................ ............................... Disapproveda/c.............. .................................. ................... ..J�. �:. �.('..... ........... . (Building Inspector) APPLICATION FOR BUILDING PERMIT �7 g Date. /(Gtti ......... 19 ✓.. INSTRUCTIONS o- y �,4jgi_ 41 application -,at be completely filled in by typewriter or in ink and submitted to the Building Inspector c rata€ plans, accurate plot plan to scale. Fee according to schedule. {Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public €� �y for press, and giving a detailed description of layout of property must be drawn an the diagram which is part of ication. .. , z Ttie work covered by this application may not be comenced before issuance of Building Permit. k y Upon;app¢nval of this application, the Building Inspector will issue a Building Permit to the applicant. Such : be,kept on the premises available for inspection throughout the work. 4lNd, huilding aball be occupied or used in whole or in part for any purpose whatever until a Certificate of shall have been granted by the Building Inspector. ,�j. CATIQi IS B6[S:BY HUE to the Building Department for the issuance of a Building Permit pursuant to the �onepOrdinance of the Town of Souttold, Suffolk County, New York, and other applicable Luras, Ordinances or the construction of buildings, additions or alterations, or for removal or demolition, as herein : Tine applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and H -us—, ''mid admit authorized inspectors on premises and in building for necessary inspections. ................................................ ng (Signature of applicant, or nave, if a corporation) lw�<a (Mailing address of applicant) Wither applicant is owner, lessee, agent, architect, engineer, "general contractor, electrician, pltnber or build tkpaN ..... ......., r.........................................................._............. 4 flrzaner of premises ........ ................:.......................................................... (as on the tax roll or latest deed) # I t is a cancorporation, s, i' �si goattne of duly authorized officer. r �ndatitle of corporate officer) iers License No . ......................... hers License No. triciaas License No. r Trade's License No . ................... �. tion of land an which proposed work will be done...."......................................................... ........................ ...................................! ......... ...._........................ Number SCiepet Uamlet ty Tax Map No. 1000 Section ... G4�......... Block .... Int visign ............................,.......... Filed Map No. '............... lot .............. (Name) e.existing use and occupancy of premises and intended use and occupancy of proposed construction: xistirg use and occupancy ......1 ! �P.-,.,� �ivo cj2c�c mended use and occupancy ............................................................................. n. tucr u. WtK tumult Mmtm eppiicmxe): tient building .......... Addition ....,--�... Alteration .......... Repair ............ Removal• .............. .,Demolition ............ Other Work ........................... (Description) Estimated Cost .......................... fee .............................................. (to be paid on filing this application) If dwelling, number of dwelling units ............ Number of dwelling units on each floor .......... Ifgarage, number of cars ...................................... If business, commercial or mixed occupancy, specify nature and extent of each type of use ...................... Dimensions of existing structures, if army: Front ................ Rear ............... Depth Height ......................... Number of Stories ...................... Dimensions of sane structure with alterations or additions: Front ............... Rear ............... Depth .................... Height .................... Number of Stories ............... Dimensions of entire new construction: Front ................ Rear ............... Depth .............. Height......................... Umber of Stories ..................... Sizeof lot: Front .................... Rear .................... Depth .................... Dateof Purchase ..................... Name of Former Owner ........................................ Tareor use district in which premises are situated............................................................... Does proposed construction violate any zoning law, ordinance or regulation: ........................ Will lot be regraded .................... Will excess fill be removed from premises: YES ND Names of Owner of premises ........................... Address .............................. Phone No. .............. Naeof Architect .................................... Address .............................. Phone No. .............. Name of Contractor ................................... Address ...............................Phone No. .............. is this property within 300 feet of a tidal wetland? * YM .......... NO .......... *D% YES, SOUIiIHD I= 1RDS=S PERM HAY BE K411M. PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing of proposed, and indicate all set -back dimensions, om property lines. Give street and block number or description according o deed, and show street names and indicate ether interior or corner lot. �e ,00," 4!� a /9 AIF, OF M51 YORK, ONIy OF ..:5 ...../.�..... ...........�.. . ...............being duly sworn, .deposes and says.. that be is the applicant am of individual signing contract) ove named, L is the ........C?. e/!.. ( tractor, agent, corporate officer, etc.) ' said owner or owners, and is duly authorized to perform or have, performed the said work and to make and file this mplicatio , that all statements contained in this application are true to the best of his kn arledge and`belief; and at the work will be perfonTed in the manner set forth in the application filed therewith. ;orn to before me this 9 7 .f."`...`....day of .. 1 • •t• ......19G..�... Notary Public cl�s L............ ................. (Signature of Applicant) LINDA F. KOwALSKf Notary ftfi%SIM of NewYaj;.: . No. 62-M4771 Oubi ftad in Suffoik Canty 2) ... Commission Expires Nov. 30, / 5, ,ter 41f TOWN OF SOUTI(OLD, NEW YORK APPErtL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. JQ DATE .......A' 0-- � .... TO TI IE ZONING BOARD OF APPEALS,. TOWN OF SOUTt TOLD, N. Y. ,� /'00 W 1999 P Joseph Frazzitta 1420 Inlet Way ' w Pik I, (We) ..... ..... .... ... .....of ......................................I .. Name of Appellant Street and Number Southold New York .... ......I. ......... . .. ........ ....... ..............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS PROM TI IE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO....................................I DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO J. Daly Home Improvement _ _...._........»..................................................... Name of Appficont for permit , of 52 Wilmarth Avenue Greenport NY .11944 StreatIand Number ............. .... Municipotlty ...................State.. ...... ..... ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Permit to construct 1. LOCATION OF THE PROPERTY .... 1420 Inle.t ..Way.,.. Southold . NY r-40 ........... District 1000 Section 92 Bioek l ... ... U...sa D........istric........o, It, n Zoning Map .—.-._......._..Current Owner Joseph Frazzitta Mop No. -Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of ilia Zoning Ordinance by number. Do not gltole the Ordinance.) Article XXIIi Section 100-239.4B 3. TYPE OF APPEAL Appeal is mode herewith (or (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons: laws Art. 16 Sec. 280A Subsection 3 d. PREVIOUS APPEAL A previous appeal (has) (txmtsmt) been mode with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for o special permit (X ) request for o variance and was made [n Appeal No. `'570 June 11, 1998 .. Dated......................r...,.................................... REASON FOR APPEAL ( ) -A Variance to Section 280A Subsection 3 ( X) A Variance to ilia Zoning Ordinonce Is requested for the reason thol Gazebo is placed to overlook bay on land which is stable and man made slope, set back from bulkhead sufficiently to not impair the magnificaent view of the Main house. TOWN OF SOUTHOLD PROPERTY RECORD CARD ' OWNER STREET % VILLAGE DISTRICT SUB, LOT A�1064b -F 1 FO ER OWNER N E ACREAGE r „ C tAa C.� I G CltlA S W TYPE OF BUILDING �-•- RES.Zw SEAS VL FARM COMM. I IND. I MIC C LAND IMP. TOTAL DATE REMARKS z9 p3 n /lam P h 32 l% ri 4d 3 06 > Y6D b xl L tI o- I _ 31-- . a ,- :_' <J a J J o c7 y. J r 8 q i - 113c� ST44 -V",4 ),'an o 4o Frctzz'�) _ 066 moo Pod coo'aP�ro3(,-— ., p._ Tillable T. - _ -- - - -- Tillable 2, _ Tillable, 3 Woodland Swampland Brushland` p House Plot — ti \ Z9 zr 2s 2ft COLOR TRIM M:Bid IlaK22 352 Foundation ° Bath Dinette Extension zt = 35 Jy, �n Ab Basement uuw` Floors Kit. kALWI . X2,2 SLAB Ext'n" n k VA -Extension 20)< 87 7 IO 79 8� /'Ap`� Ext. Walls '"�Pvtu .. 4l1 Interior Finish fl L. R. 11 Y25: 275 cro l�iZ. Fire Place m,, IrC Heat �i� D. R. e Patio Woodstove BR. Porch Dormer Fin. B. Deck _sxi c 7e sx, Cx =lto oni 2�' 22'� Attic 1 InFF q�eo --- Breezeway lip Rooms lst Floor Garage Vw�anl�- Driveway Rooms 2nd Floor O.B.. FFC 5 ��(`o9aMe..� 1eue1 Fo,e¢ p nomyd Pool APPE&LS BOARD MEMBERS', G and P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning O�oSUfFO(kC� CM - ti z y09 BOARD OF APPEA TOWN OF SOUTHO MINUTES THURSDAY, JUNE 24, 1 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516),765-9064 hone (516) 765-1809 OIVIVED RNID ME SOUTH FILED .8Y .� QLD TOviTrJ CLQ D 7 Jag ,�f�,� � T Ho , To i,,,l, Cl�rk t O Soufl;Old A Regular Meeting of the SOUTHOLD TOWN BOARD OF ASF Southold Town Hall, 53095 Main Road, Southold, New York 11971, on 1999 commencing at 6:35 p.m. , Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: A. Motion was made by Chairman Goehringer, seconded by Member. Collins, and duly carried, to declare the following projects as "Type II Actions"_ (no further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Briggman, #4707 - Nancy Wellin #4708 - Mark Lieb #4709 - T. Losee #4710 - J. Frazzitta. #4711 - C. Davids. Page 2 — Minutes Regular Meeting of June 24, 1999 Southold Town Board of Appeals J I C #4662 - P. Rushin & Motley. This Resolution was duly adopted (4-0). B. COORDINATION LETTERS: Mattituck Library - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to the July, 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Chapter 100, Article II, Section 100-26, for a substandard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent -house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution'was.duly adopted (4-0). IV. AGENDA ITEM: A. Motion was made by Member Tortora, seconded by Member Horning, and duly carried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). (10 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, �r. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 51020 Main Road Southold, NY 1 1971 Re: J. Frazritta Matter Dear Mrs. Moore: �O��SOFFO(kC C= G?� W Z BOARD OF APPEALS TOWN OF SOUTHOLD August 31, 1999 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 at our July 22, 1999 Meeting. Enclosure Very truly yours, GERARD P. QOEHRINGER CHAIRMAN //1 9( �r PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 16) E c [TERLl iJ 516) 765-46403 JUL - ! 1999 June 29, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Frezzitta Dear Chairman and Board members: Margaret Rutkowski Secretary I submit this letter in support of the application, please make this letter part of the record. Prior to submitting the Frezzitta application to the Board, I reviewed your file regarding appeal #4570 (decision dated June 23,1998). The application was made by the builder, Mr. Daly because Mr. Frezzitta was in the Hospital recovering from by-pass surgery. The application placed the proposed structure at 10 feet from the side yard. (The subject application has the gazebo at 15` from the side yard. ) Neither the proposed location of the structure, nor the Board's alternate location, was discussed at the public hearing. The publication notice described the application as "permission to construct deck addition with Gazebo at a setback of less than 75' from the bulkhead". However, the survey prepared by Peconic Surveyors did not properly locate the gazebo, the location of the structure was hand drawn on a copy of the survey with no setback from the bulkhead shown. The Ward Associates drawing had the following handwritten notation, "26' from bulkhead after Gazebo built". However, this drawing was not submitted until after the public hearing. Therefore, the proposed setback from the bulkhead was neither discussed on the record or the Board's alternate location given a forum for discussion by the applicant or any other interested party. Contrary to the Board's general policy to discuss alternatives with the applicant prior to a final decision, in this case the alternate location was unilaterally imposed by the Board. After reviewing the entire file, and the transcript of the hearing, we obtained a new notice of disapproval based on the Sambach drawings which placed the gazebo (no deck) at 25 feet from the bulkhead and I submitted a new application. The board should consider the 1999 Frezzitta application as a new application and approve the variance requested. However, if the Board believes that this application should be considered as a rehearing, I would respectfully request that the board review the record submitted at the June 24`h hearing and in light of the photos, setback of similar properties in the area, aerial photo, and lack of opposition to the project, vote to consider the application as a rehearing and proposed. For your assistance, the following procedure is required for a rehearing: application, as Town Law section 267-a (12) Rehearing. "A motion for the zoning board of appeals to hold a rehearing to review any order, decision or determination of the board not previously reheard may be made by any member of the board. A unanimous vote of all members of the board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby." TOWN § 267-a, Board of appeals procedure - Excerpt from page 164417 The 94 revisions to the statute have liberalized the ability of the board to reconsider variance applications. The cases sited in the McKinney's Statute regarding Res Judicata which Mrs. Tortora was quoting are pre -1994 cases. The first, and one of the only, decisions which analyzed the rehearing provision to Town Law 267-a since the 1994 amendments to Town Law is Ireland v. Zoning Board of Appeals of the Town of Queensburv,195 A.D.2d 155, 606 N.Y.S.2d 843 (3d Dept. 1994). In Ireland the Appellate Division noted that, " Reading the requirement of new facts or circumstances into a statute would effectively deprive the rehearing provision of its vitality, for the existence of changed facts or circumstances would justify a new application, rather than an application for rehearing, and a zoning board of appeals would not be bound by its prior determination." Ireland v Zoning -Board of Appeals of the Town of Queensbury, 195 A.D.2d 155, 606 N.Y.S.2d 843 (3d Dept. 1994) In Ireland the Court concluded that New facts or changed circumstances are not a necessary predicate for a zoning board of appeals to vote to rehear a matter and reverse its prior determination. We believed that the Frezzitta application presented new facts or changed circumstances. However if the board disagrees and believes that the only method to consider the Frezzitta application is by a rehearing, please proceed with the application as a rehearing. I hope that this letter will assist the board in finding in favor of Mr. Frezzitta whether as a new application or rehearing. Ve ours, tricia C. Moore cc: Mr. Frezzitta �o /YIW General Rule for all applications before the board:h�r� " In deciding whether to grant an area variance, a zoning board must engage in a balancing test, weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community. > (McKinney's Town Law § 267-b, subd. 3 ) Witzl v. Zoning Bd. of Appeals of Town of Berne, 681 N.Y.S.2d 634, (N.Y.A.D. 3 Dept. 1998) Frezzitta Application: In an application for an area variance for a covered patio the Deering Harbor Zoning Board of Appeals denial of a 40 foot variance was overturned by the 2nd Dept. Appellate Division. Petitioners' desired benefit to have a patio facing the water out weighed the Board's finding that it could be located elsewhere on the petitioners' property. Baker v. Brownlie, 670 N.Y.S.2d 216,248 A.D.2d 527, (N.Y.A.D. 2 Dept. 1998)-- Excerpt from page 670 N.Y.S.2d 218 In a variance application for setbacks from the dune, once the petitioners demonstrated the existence of practical difficulties as a result of the strict application of the dune setback requirement, the burden shifted to the Zoning Board to establish that the public health, safety and welfare would be served by upholding the denial of the variance . The practical difficulty application was under the pre -1994 amendments to Town Law 267. (see, > Matter of National Merritt v. Weist, 41 N.Y.2d 438, 443, 393 N.Y.S.2d 379, 361 N.E.2d 1028). Brous v. Planning Bd. of Village of Southampton, 594 N.Y.S.2d 816,191 A.D.2d 553, (N.Y.A.D. 2 Dept. 1993) Excerpt from page 594 N.Y.S.2d 818. Applicable to Rushin/Motley application In a Southampton case which applied the more restrictive law of area variances (prior to 267-b amendments to Town Law), is analogous to the Rushin/Motley application. The petitioners own a 9.9 -acre oceanfront parcel improved with, inter alia, a main house, a carriage house, and a one-story beach house, which they propose to subdivide into three lots, each lot containing one of the aforesaid structures. Simultaneously, the petitioners also applied for a variance from the 100 -foot dune setback requirement set forth in the Southampton Village Zoning Code (see, Southampton Village Zoning Code § 116-8[D][1] so as to construct a second story upon the beach house which was to become the principal residential dwelling on Lot 3. Once area variance applicant demonstrates existence of practical difficulties as result of strict application of existing zoning requirements, burden shifts to zoning board to establish that public health, safety and welfare would be served by upholding denial of variance. Blanket prohibition on expansion of beach house in its present location as condition to approval of area variance for proposed subdivision of beach front property was unreasonable where beach house could not be used as primary residence in current condition and blanket prohibition failed to seek to ameliorate any demonstrable adverse effects attributable to proposed use of land. Brous v. Planning Bd. of Village of Southampton, 594 N.Y.S.2d 816, 191 A.D.2d 553„ (N.Y.A.D. 2 Dept. 1993) Lj II II E L e: VA Tj;� �J L5,' V4v,,L, .,� e j 0 5 C- 17.Q FT A Z 2 1 'r -r.4 IN LE'T_ K/,4 Y ,')r,')VD4t?Lp kly 11 571 QPOFessoy WARREN 6..6SAMB.ACH gpq P.O.ane, .U.Nx 033 7675- CUTCHOGUE NEW IYORK fjgK�'�, DATE; lu zo, ic)gg t!EVS,, Lk CALp ey: --P,7) J12v m g: 5g g I.eALr--: 145 Squjjij C)W&Wv-, Or 77 17 2+v 12 CCA Q pl_cl--FLooe- OoLTEO TO PJLC- V W y VILE FOM 0A7102 PL..AH 1 G' EQ i Y � -LgC�R j7 LA N E E_ l• XLL LO AT ZA C"rV74, To V1 5 1 'r OL'= :51 Tr--, 04 EFr-C EXiSrI�1� GO)JDlT1vsJS ; WMEPE PILE -g Foe- 6'AzEPJ-O IEE. TO PF--- INsTAttEv A/J0 i3E FO 4 SAM E. 2, PIES TO &E LCA 1(72. IV BUTT WITI-1 MIN ID) UM OF G° pvu17 3, LUNE E.2 TOBDE- (,6—A SP206F, PINE, RV- 4 IR4. ALL Pbcx-TS TD Be 6AlVAXJ17EF->, II I l II 14 f/I 13E RE5 POW S L C- LL -V f z till -o" I III WEST. -ST E L r= VA T I *sv + 2vi, �l L r= FP. W. WTI WJ L4 I 2 AT ZA CrOV-S To V1517- Oft 51Te-. eJ4EdV-'C-,Yf'5T- I". 4,� COX I TIO AS E pr)Lr2t) Foe- IA -ZF j!2o AlM `Tb 6y iNSTA LL6v'AAIV S TO 6E- e -CA !C .L 5VTT W i TW A41 N I M D. M 4)F- Po Tt)tperr (,e -A 6PUCO, PINIE, RIZ A-46 bM-rS 1V 5E 4z).4tVA*JIZF-,C4 I I I I ! WEST E L 5, A. PATMCIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel, (516) 7654330 Fax: (516) 765-4643 Margaret Rutkowski Secretary August 11, 1999 Southold Town Zoning Board of Appeals Gerard P. Cochringer, Chairman Southold '"own }mall 53095 Iain Road Southold, NY 11971 Re: Frezzitta Year Chairman and Board members: As of this date I have not received a copy of the boards decision with respect to application no,4710, however, 1 discussed with Mi. Frezzitta tlae board's comments at the July 22, 1999 meeting. Mr, Frezzitta has asked me to convey to you a compromise location fnr the P7,ebo, he would request that the board permit him to place the gazebo at 30 feet froze. Ims bul`ichead. Please consider this request and we can discuss it with the board at the Wednesday August 18, 1999 meeting. Very truly yours, ouciaMoore cc: Mr. Frezzit{a czc �' �_. �leol X 16 ZO 39Vd 3HOOW S30I_dA0MVI 5'V9999L.9T9 T(3,7T F3E.6T.1TT /99 . . W_ A. PATRICIA. C. 1V OOR3E Attorney at Law 51020 Main Road Southold, New York 11571 Tal: (516) 765-4330 Fax: (5T6) 765-4643 The pages comprising this facsimile transmission contain confidential information from Patricia C. Moore. This information is intended solely for %%se by the individual eriti-1-?y named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to yo'a- RE:. �w DAT Z : I l —�--.. TOTAL NUMBER OF PAGES INCLUDING COVER ,SHEET IF TPANSMISS JOIN iS FAt3I.TY 4R IDTLOMPLETE, PLERSE CALL BACK AS 50014 AS POSSIBLE. CLIENT NAME: OPERATQR: M 3 d 3'JDDW fi30IA.:10 Mt11 r °7S'3L9Ty TES:ZT 666T/LT/82 r_ a ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER r' 1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 FROM: ELIZABETH A. NEVILLE, SOUTHOLD TOWN CLERK RE: ZONINWAPEA APPLICATION #4710 - Joseph Frazzitta DATED: May Transmitted is an application of Joseph Frazzitta, together with Southold Town Building Department Notice of Disapproval, ZBA Findings at their June 11, 1998, Disclosure Form, Letter of authorization naming Patricia C. Moore as agent, Transactional Disclosure Form., tax map of property, Plot Plan and Floor plan of proposed gazebo. Elizabeth A. Neville Southold Town Clerk PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11^" Tel: (516) 765-4330 Fax: (516) 765-4643 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Joseph Frazzitta 1420 Inlet Way Southold, NY 11971 Dear Chairman and Board members: r Enclosed please find variance application to locate accessory structure within 75 feet of a bulkhead. Also enclosed are the following: 1. 2. 3. 4. 5. 6. Tax map with location of parcel Questionnaire Authorization form Transactional Disclosure form Disclosure original and 5 copies of Warren Sambach, P.E. Fee in the amount of plot plan prepared by Notice of disapproval with previous ZBA decision If you need anything else please do not hesitate to contact me. Very truly yours, yours, Patricia C. Moore cc: Mr. Frezzitta CC -v /z X . . Reason for Appeal Continued Zoning Board of Appeals re: Frazzitta Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b -3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. This property is isolated from the adjacent properties by the vegetation. The proposed gazebo will not be seen through the thick vegetation by the neighbor to the east, and will also be obstructed from view to the neighbor to the west. The westerly neighbor has an additional 25 feet of land created by man made fill to his bulkhead, while the subject property is sloped rather than filled with a man made slope. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed gazebo is very important to the applicant and an amenity which will provide to their family a relaxing, and peaceful place to sit and enjoy the views of the bay. It is a little over 280 square feet, placed on piles, and a very minor accessory structure. The placement of the gazebo is to the side so as to not impact the views of the house and over the man made slope to keep the structure out of the way from the limited grass area. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. This structure is under 300 square feet and landward of a bulkhead which is protected by several feet of beach area and a jetty. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. This is considered a minor structure, the equivalent of a shed, and commonly located along the Bay. Warren A. Sambach Sr. has designed the gazebo to assure stability, is placed on piles, and on a very stable vegetated man made slope. The Gazebo is placed on piles and elevated to preserve the vegetation on the slope. 5. The alleged difficulty was not self-created. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The location of this gazebo is extremely important to Mr. Frazzitta, will have no impact on the character of the neighborhood, and will be placed on the property with sensitivity to the conditions of his property. We respectfully request that, the appeal be granted, together with any further relief that is deemed necessary and reasonable. signature State of New York ) ) ss County of Suffolk ) � Sworn to this ayG�"( J Iff/ 91e2of New York A County ©--a- 7� o CPO+ we`� 15 0//V 0 T A FNp w WW ", 001 w 'A ?rl 70� I h% oer. br. sc+nocy /oarr, o.� 0-') OL µro•#e r in br. wc+.le� �� br. pipe �o coo_r'se 5anc� QO o '-o �Rx rr E of v S zor The water supply and sewage disposal 1 i systems for this residence will conform y�� to the slandqrds of The Suffolk County 20• Department of Health Services, rti•c/r / rr�? . FRAME �20 S7 20 ro,5. >i BLDG, e. 32. F • ` �� N SUFFOLK. COUNTY DEPARTMENT OF HEALTH SERVICES �/ ti 'rte hse FOR APPROVAL OF CONSTRUCTION ONLY 92-SO-31DATE NS S. REF. NO. "~ Zor APRRCIVED - - a ZOP v6l�' 0, vOIVD _ o 2 ` REErrY 20_- _ t �Lygr'uRS CERTIFIED Too JOSEPH FRAZZI T TA roe /NE 44 --__ — _Rse Y' ^ Oil ._ _ MAUREEN FRAZZITTA 39' wA rFR /V 7B. Mme= 39' 23„ LE cc - 7Z 1�J -7Z D F ,o SUR VE Y OF MAY 2 e1999 N/C PROPERTY Y) CEDARAT BEACH - TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 92 - 01 - 06 AREA = 21,772 sq. ft. (TO. TIE LINE) , Scale 1" = 30' V".. Aug. 16, 1990 June 5,1995 (storage & shower) Dec. 2, 1992 (foundation) JUNE 61995 (Shower) Feb. 17, 1994 (final) Prepared in accordance with the minimerm The local%ns o/ wells and cesspools standards for title surveys as established by the UA-L.S. and a roved and adopted shown hereon are from Ileld observations !`! for such use br The New York State Land `' and or from data obtained from others. ' °�-r. Title Association LOT NUMBERS SHOWN 11 THUS REFER TO MAP NO. 1 of EDWIN H. BROWN , Y.S. LIC. NO. 49618 ! O N FILED JAIL ?7, r'�j ,s/� 1926 AS MAP No. 602 AND LOT NUAWERS SHOWN e? THUS REFER TO MAP of CEDAR BEACH,MORS, P. C. PARK FILED OEC. 20, 19?7 AS MAP NO., 90 BOTH W THE OFF/CE OF THE SUFFOLK COUNTY CLERK.. P. O. BOX 9090 CONTOUR LINES ARE TAKEN FROM .?HE FIVE- EASTERN TOWNS ' MAIN ROAD TOPOGRAPHIC MAPS SOUTHO� D, N. Y. 11971 DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Joseph Frazzitta. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Joseph Frezzitta before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: May 24, 1999 gt lh4 0 L -�� WilliarJD. Moore Joseph Frezzitta 279 Cherry Place East Meadow, NY 11554 Town of Southold all boards Re: Application for PermitsNariances 1420 Inlet Way Southold, NY 11971 SCTM# 1000-092-1-06 Dear Sir or Madam: Joseph Frezzitta and my wife, Maureen, hereby authorize Patricia C. Moore Esq., as my agent, to make an application to the Zoning Board of Appeals with regard to the above property. Ve truly yours, Jose Fr,4=1a TRANSACTIONAL DISCLOSURE FORN f 1 the Town of Southold's Code of E-__ ce rohibits conflicts of a ,,an ^FFieara and Pmnloyees. The lent the town of pos.ihica conflicts of interest and alio t to take whatever action is necessary to avoid same. Joseph Frazzitta YOUR NAME: (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 X 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.. X YES NO If you answered "YES,".complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation)l 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 NIP- Submitted this day of�199 Signatur Jo eph Fra zitta nt name QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests. (Separate sheet may be attached.) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes {x } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {x} No D. 1. Are there any areas which contain wetland grasses? no- Bay 2. Are the wetland areas shown on the map submitted with. this application? High water mark 3. Is the property bulkh ded betwoeen the wetlands area and the upland building area. 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trus:ees for L"Ls determination of jurisdiction? no E. Is there a depression or sloping elevation near the area of ed constructilf Vat or below state eabove mean sea level?not applicable F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitf"i ng? ye_ s _ If none exist, please state "none." shed G. Do you have any construction taking place at this time concerning your premises? no If'yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list,dpresent use or operations conducted at this parcel rest ence proposed use residencial accessory gaze an A rized Signature and Date Patricia C. Moore 3/87, 10/901k CEDAR BEACH HARBOR. L/L Ll i'R4 2 Z / 7--7A 9 0/� -00- of 1.2 AW i'R4 2 Z / 7--7A 9 0/� -00- CEDAR ALM CEDAR BEACH -1 HARBOR t i XV HOG NECK S'F SFC tlO. ill �.e/9zz/ 7-7� Legal Notices for June 24, 1999 Hearings to the following on 5/27: Mr. Curtis Davids Box 560 Greenport, NY 11944 Eugene Barnosky, LLP 534 Broadhollow Rd, CS 9034 Melville, NY 11747-2309 Daniel Mooney, Esq. Box 702 Mattituck, NY 11952 Mr. Raymond Mitchell 1875 Hiawathas Path Southold, NY 11971 Mr. and Mrs. Fred Milner 870 Bray Ave. Laurel, NY 11948 Elizabeth Thompson, Architect 270 Lafayette St. Suite 1303 New York, NY 10012 Mr. and Mrs. James Hunter 11227 Soundview Ave. Southold, NY 11971 McCarthy Management 46520 C.R. 48, Southold Bay Creek Builders Box 602, Cutchogue 11935 Garrett Strang, Architect Box 1412, Southold 11971 Patricia Moore, Esq. 51020 Main Rd, Southold Catherine Mesiano, Inc. 12 Mill Pond La, East Moriches, NY 11940 Faxed to Chairman 5/26 Faxed to Suffolk Times 5/27/99 Signs and Notices mailed out on 5/27 Faxed to media (courtesy copies) by 5/27 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski June 8, 1999 RE: Joseph Frazzitta Application Hearing Date: June 24, 1999 Dear Linda: Enclosed please find Affidavit of Mailing with Certified Mail Receipts and Affidavit of Posting for the above referenced matter. Very truly yours, ATRICIA C. MOORE PCM/kk Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------- —------- ----- -------------------------- -------- x In the Matter of the Application of JoseDh Frazzitta (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 92 - 1 - 6 -----------------------------------------------------------x AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK)) residing at Terry Lane Southold , New York, being duly sworn, depose and say that: On the -G day of Jalv ,19J�I personally placed the Town's official Poster, with the date of hearing and natuf'e of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for -seven days prior to the date of the subject hearing date, which Bear' date was shown to be 74 Tune 99 (Signature) Swpjrn to before me this q7 day of .Y `1'ICI 1901 WROOZC. RMOWM q- &WO � ,4S9taatt�8 New Yak (lVotary Public)W�a��►.A0 *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Joseph Frazzitta (Names of Applicants) Parcel ID#1000- 92-1-6 X COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, Margaret Rutkowski residing at Theresa Drive Mattituck, New York, being duly sworn, depose and say that: On the ,' R day of June , 19 99 , I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the () Assessors, or () County Real Property Office Southold NY, 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. Sworn to before me this 3 qday of June , 1999. TN—otary Public) (Signature) Margaret Rutkowski PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4661668 Commission Expires June 16, a r-,> PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed Thank you. 0 , -P Frezzitta SCTM 1000-92-1-6 t Z 402 780 136 US Postal Service Receipt for Certified mail No Insurance Coverage Provided. Do not use for International Mail See reverse S nt to oebert Dennis May & Ors r et & Number + Perry Avenue pqqt 5ayviaie1el, NY 11709-26 7 Postage $ NAME Certified Fee ® z, �® M1 Fee .71-24) Virginia Olga Lee & Jane E. Preston Southold, NY 11971 UNITED STATES POSTAL SERVI a ......__....;�--_.._. ^ • Print you JPM. < 8 JUN N ie a dress and Z Patricia C. Moore, Esq.,-- 51020 'fain--: ;�;1 Southold, NY 11971 Frazzetta `'� l:rliitrl��jr�rrittr�r�r�it�ta�tt�rrrfeiir�(rcer�l�«rlrrr�r�t - 000-92-1-5 000-92-1-7 000-92-1-4 Special Robert Dennis May Rest and Others LO ed DE eto i & Q Relu eceipt, Date, & d 0 TOTAL P Robert Kaplan & ;.cw postmark or I Barbara Ann as Trustee" '�``€ a Fee .71-24) Virginia Olga Lee & Jane E. Preston Southold, NY 11971 UNITED STATES POSTAL SERVI a ......__....;�--_.._. ^ • Print you JPM. < 8 JUN N ie a dress and Z Patricia C. Moore, Esq.,-- 51020 'fain--: ;�;1 Southold, NY 11971 Frazzetta `'� l:rliitrl��jr�rrittr�r�r�it�ta�tt�rrrfeiir�(rcer�l�«rlrrr�r�t - 000-92-1-5 000-92-1-7 000-92-1-4 (516) 765-1809 OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 fax 765-9064 May 27, 1999 Re: Chapter 58— Public Notice for Thursday, June 24, 1999 Hearing (Frazzitta) De4rpu licant: 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 6/17/99. 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 P.S. Please provide a new Notice of Disapproval for the relief being Enclosures requested in this 'new application. This requirement has not been changed under the.rules of procedure. Thank you. L f /J (516) 765-1809 OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 fax 765-9064 May 27, 1999 Re: Chapter 58— Public Notice for Thursday, June 24, 1999 Hearing (Frazzitta) De4rpu licant: 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 6/17/99. 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 P.S. Please provide a new Notice of Disapproval for the relief being Enclosures requested in this 'new application. This requirement has not been changed under the.rules of procedure. Thank you. ,?PEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr., Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 118 ZBA Fax (516) 765-90( Telephone (516) 765-18 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JUNE 23, 1998 Appl. No. 4570 - JOSEPH FRAZZITTA PARCEL 1000-92-1=6 STREET & LOCALITY: 1420 INLET WAY, SOUTHOLD DATE OF PUBLIC HEARING: JUNE 11, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above -identified property is located on the south side of Inlet Way, Southold, and contains a total lot area of 21,772 sq. ft. to a tie line along Little Peconic Bay. The February 17, 1994 survey map submitted under this application shows that the subject premises is improved with a two-story frame house and bulkheaded along Little Peconic Bay. BASIS OF APPEAL: Building Inspector's February 11, 1998 Notice of Disapproval which states that "the proposed deck and gazebo ... is required to be set back 75 feet from the bulkhead pursuant to Article XXIII, Section 100-239.4B." AREA VARIANCE RELIEF REQUESTED BY APPLICANT • The variance requested by applicant is to locate a "gazebo -type deck" addition of a total size of 20. ft. by 14 'ft. at a setback from the bulkhead of approximately 26 feet at the closest point. The distance from the side property line is shown to be between 9.7 feet and 15 feet. REASONS FOR BOARD ACTION: Applicant proposes to place the "gazebo -type deck at the edge of the bluff overlooking the bay, supported on the southerly side by pilings. . On the basis of testimony presented and personal inspection, the Board makes the following findings: (1) The deck built onto the house is approximately 85 feet from the bulkhead. Thus, in order to have the benefit of a detached deck, removed from the house, applicant needs a variance from the Code's bulkhead setback requirement of 75 feet. Page 2 - Appl. No.,, i0 ZBA Meeting of June 23, 1998 Parcel 1000-92-1-6 (Frazzitta) (2) The difficulty from which applicant seeks relief is self-created, and , alternative locations for the deck are readily available. (3) In order to avoid any adverse effect or impact on physical or environmental conditions, the entire deck must be placed landward of the edge of the bluff. (4) A 14 ft. by 20 ft. deck located landward of the edge of the bluff will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board concludes that the following actions' are the minimum necessary 'and adequate to enable applicant to obtain the benefit of a detached deck while also preserving the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to DENY the variance as applied for, and to GRANT as alternative relief a variance allowing construction of the proposed 20 ft. by 14 ft. deck in a location where such deck: 1. Shall be set back at least 40 feet from the bulkhead at its closest point and a minimum of 10 ft. from the side line; 2. Shall in no way extend over the edge of the. bluff; 3. Shall be built aesthetically as proposed, without possible plumbing or other type of facilities or use in the future. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TT!-,.T1A TTT A T�7Tl I T T TTTC / y� + I 10111. N1114 AND 'IiOLL.LN"S. (Nlezmber Tor Lora as a seiit, uurin g this vote.) This Resolution was duly ADOPTED (4-0) . 92-1-6 (Frazzitta) CRARD P. GOEHRINGE CHAI AN 0 APPEALS.BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert'A. Villa Lydia A. Tortora o�oS�FFoc,��,G� yam► o =4 CIO x BOARD OF APPEALS TOWN OF SOUTHOLD `/rev Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823. Telephone (516) 765-1809 Appl. #4436 ACTION OF THE BOARD OF APPEALS November 14, 1996 APPLICANTS: JOSEPH & MAUREEN FRAZZITTA LOCATION OF PROPERTY: 1420 Inlet Way, Southold, Cedar Beach Park, Lot #97, filed in 1927. COUNTY TAX MAP DISTRICT 1000, SECTION 92, BLOCK 1, LOT 6. BASIS OF ACTION: Article XXIII, Section 100-239.4B, and Article XXIV, Section 100-244 of the Zoning Code for proposed shower/storage room addition at less than 75 feet from the bulkhead and which does not meet the minimum required total side yards. Code requires 75 ft. from bulkhead and total of both side yards at not less than 35 feet. FINDINGS OF FACT: Property is 121.04 ft. along Inlet Way (private), 179.20 ft. along the easterly side property line, 256.24 ft. along the westerly side line, and 100.39 ft. along. mean. high water mark, near the ,lower bulkhead. Total size of property is 21,772 sf, and is shown on the Map of Cedar Beach (1927) as Lot #97. The existing dwelling with proposed deck is proposed to conform at 75 feet (or more) from the lower of the two bulkheads. It is apparent that the Building Inspector issued the March 29, 1996 Action of Disapproval based upon the closer 'bulkhead at the top of the wooden stairs and landing, instead of the lower bulkhead since the lower bulkhead was further away. REASONS: The setback is conforming at 75 feet or more from the lower bulkhead near the high water mark. MOTION MADE BY: J. Dinizio, SECONDED BY: L. Tortora ACTION/ RESOLUTION ADOPTED: Granted as applied. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted, 5-0. ZBA:lk T -Z ` T !' E D BY Town ::.1 _:=- i Approved for filing ag prepap6d Gerard P. Goehringer, Chai man ),e,e)le" VARigNcE•'-7�ECK W/G'AZE.EO--,L��YHEf1p T6'%\ NOTICE OF. H�EARINIIIG- 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: DATE OF PUBLIC HEARING: i gas' If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD o (516) 765-1809 /�fao 1,vLEr N/A�; So�T�1o� BOARD O)F APPEALS � " THURSDAY; JULY_,M L499 '`NOTICE' IS. HEREBY GIVEN, pursuant to Section 267 of the Town Law'and.the Code of, the Town of Southold; the'6116wing4lpplications' will be held for 'public.hearings by the SOUTHOLD TOWN BOARD j OF AP,PEALS;; at the Southold Town Hall, 53095 `'Main Road, tSouthold,'- New' -York 11971, on THURSDAY, JULY 22, L999 at the -times notedbelow (or as soon there- from 6124) Appl. "Not°4698''`="l',F""'bbilding; and WILLIAM: LIEBLEIN- and.. Appl-:,No:4721,for `a-Variance ' r -BUDD'S POND AEAI.TY.. Vari: � =: ances foraotsize; proposed rear yard uhdei ArticleA, S_ _71' `1 ,, ' ; Bulk Schedule, to dwelling - ;allow: :an at buildinP he_ i_eht at 62845, --'' •'i use; in'conjunaioA1with a permit-, I ' `<and 62945 1\llainyRoad,v Southold; - ted'busme' ss: use ori- ttiis,.23,396f ,A 56 4 11?,andt•13.2: _Zone;' M=II _ -:Marin6 istrict:' . _ , sq,"tf parcelbased upon a Notice of Disapproval dated'June 14, 5:55 :p.m. Appl. No. 4727' — STANLEY PAWLOWSKI. This is a 1999 which states: - STATE OF NEW YORK) "Proposed project "is . in a B •request. for Variance under Article IhI, " 100-30A.3, ' Bulk, _ Zone,.one-family dwelling use - - )SS: .-Section Schedule, based 'upon :a Notice of requested:.' ng that has l sting - - nonconforming that has lost its CO OF SUFFOLK) Disapproval issued: with re to lot coverage in excess of code limita- ; status" pursuant to' Article XXIV, Section 100-241G which — l /l_J (� (f S of Mattituek, in Said tion for a proposed accessory-stor- age 'at 1785 Crown Land - states:..: Whenever a noncon- 00unty, being duly sworn, says that he/she is -or ,building - Ladg, -Cutchogue; Parcel 1000-102- . forming use of a building Principal premises has been discontin- P clerk of THE SUFFOLK TEWES, a p.m.' -.4714 — ued for a period of more than weekly newspaper, published at Mattituck, in two - -.-years-, has been _ BE JO E ROBERT and JOYCE BARRY; , • • ; the Town Of Southold, County of Suffolk and ed changed to a -higher classifica, he '. ;' j This.; is ,a.'.request : foi'a'.. Variance ,_ ue under: •Article-'III=A; Section""100- - ' tion • of to•.a conforming use, . -, State Of New York, and that the Notice Of which 'anything irilhis Article to the ='30A4 based upon a Notice -of Dis- apop'ose issued June 9 for contrary notwithstanding, the the annexed is a printed copy, has been regu- the ., --of ro osed�% ilocafion . �of. , a 'new, � •' P P ;• nonconf'&m re Ise shall � � ` '' such -early published in said Newspaper once each building'or premises .shall no detached two. -tar garagein an area "other than 'the required rear yard. ,-longer be -permitted unless a,.: week for � weeks S CCeSS1Vel variance'theiefor•-shall have y+ Location of.--Property:,.-875 West "Cove;goad;-;C utchogue,iNY:Parcel keen granted_ by the Board of, )omme ;. Appeals One r S Ci1�g On the I day fainily,dwelling% pf 1000-111=3=18„=i =k+...'_<;°..''?, .` ”=';< :'iise-'isa`'current7y"a'§pecial`^`' 19 .6:10 - p.m.'Appl No, 4713.=E and � Exception use in the B Zone L. MARKHAM. •This -is a .request ; = for Variances under Article XXIV (Section 100-10113-5). Pursuant to Article. X, Section- 100-102, (� (Section 100-244 based upon a Notice of Disapproval issued ' , "- Bulk Schedule requires 30,000 -, Principal Clerk 'per: March :.15, sq. ft° business use, one- ;,;1999 for the proposed location.of a f new addition to' dwelling 'with• an : "` family, dwelling use listed as ":.. Sworn r i ' at .,- ,N/A - to before me this . apt r(y side yard less- than the . existing eight: feet and combined" - . 6:55 p.m:. Appl. No. 4719 — _ layOf "JOSEP.H 'arid' -GLORIA '-YAC. ' '� a:�at Gess t -than. 25 feet.:. CARINO: =This. is a request for . hocation of ;Psr- prdty:'. 875 ;Mason ,; : Drive, Cutciiogue, NY ParceI.1000- :: -Variance' under Article II1, Section-==(�7 �dl2n-,� MARY DIANA FOSTER 100-33, based, "/ PIflTbRY PUEiI ' upon. a- Notice of iC, STATE OF NRt4 YORK May 24;' 1999• NO. 52-4655242, SEIFFOLIC i'OiiidTY -=--6:15-p.m:ApplsNor4715'°—GRE=`` '`(and`.building:-permit application 4�,,pre�tisessishaU no�opga-Ga=pe%; ;0?vlll°iiSS10N EXP iRES;',L1cuS73?, 1995 GORY''• MICHELIS.; - This," is a : -Variance - dated March 31;1999) to construct a..,emitted unlessavaria&c Therefor -request foi a under Article ;proposed acce�sory shed in an are ,shall hav-e,:begn ganted•=by the f III, Section 100-33,;based upon the other than'the''reaui;ed rear'yard.,,;;.Boatd'pfAppeals." ;,;`_':: .;-June 8,'1999 Notice of Disapproval '"'Location `that of Yroperty:;,21605rMain`` ocation`0[ ,rod eity: 13650 -'Win::_•, :.,which states _the: proposed ilL .: �:Road;'Gutchogue; NY,Parcel 10000.;x ;Road,.Mattituck;�NY�County;Tax :groLRd pool with deck.is requested;.':: 1Q$-3=11.. Map`Parce1,1000-114 14=243:Zone side and 'rather than the Y - -, » •.7:10, p.m:`. • APPI. No. 4722 Disirict::Haitilet,Business::: `.required' rear�vard:' Location . of , Property:- 430 • Salt- Marsh Lane, :;'' `CHRIS . -and DENISE HATTON. j 8:20 � p.m. App1.'96.47i6t:T:- This' is a request •by the, applicants- :.!-' ANGELL. This. is, a- request for: a Peconic, NY Parcel 1000-68-3-13.' ; •c -'owners of the existing:,single-fainily. • Variance under Article,"=XXIII, ., 6:20 p.m. Appl. -No.; 4716 —^'-,,;dwelling for approval-• of an Section400=239:413; eised�upon'the: STANLEYRUTKOWSKI.Tliisisa cessoa Apartment,'by:Special Ex-.. June 9,,,'1999 Notice of'Disapproval, "request fora; Variance; under Article ception as• :provided, under Article ; for a proposed'deck addition, for the; , III, Section :100=33,7 b sed upon a • .IIIA; "Section 100-30A.2(Bl), and - ,reason that the deck is',�ioposed at ',:June 8,;1999.Notice-of.Disapproval L::•"Article'III,.Section:100-31(B13)'as ': less than 75 feet'from,the,bulkhead: which; Stites. .ahat„the-; propo$ed ;:,- an, accessory toa'heir+principal res- at 305 Gull Pond.Laiie�'GreenporG- .'' �a' cco b uildin is:'requested in a -,idence; .at • 430.' Grigonis • Path, Parcel 1000-35-4-2$25; -also;kriowa pont'yard rather than the'reg sir d '=`•Southold, NY County Parcel No. as Lot 10, Map'of,Foidhain ;Ades,. ' ' rear:'yard. Location -of, Property:.' -' 100040-378; also identified as Lot tib Section One.. 5705 Main Road, East Marion, NY,:..:, on the map of Harvest Homes: 8:25 •p?iir5 (Coii�inued' Hearing j Parcel:1000 35-2=16.1;:, •,. ; ; _ •.;,-`_ s Estates= Section;I,;',>, , ,z>.-. ;:. f;. p.m App.' No: ;4717=•='- 7:20 '-s!pim: '?:(Continued' °from,Y° • from 6/24/99):.App1.'No..,4710: JOSEPH FRAZZITTA: `.:;:: • -, "ANTHONY . and,:._ CHERYL -'2:5'12010) Appl. No. 4674 = The Board:of Appeals will at"said SCLAF NI. This is a request for a : = Variance.diikeei"Article-II1 ;Section STEPHEN FRIEDMANN. This is time -and `place':hear all''persons or: a request,-::for'a.• Variance. under iheirrepresenfatives desi-ng'to_`6d, i.. ...;:]00-33A(1),based'uponanApril,29,. =-•Article- XXIV,(Section=•100-244B, heard regarding the above appGc4,, 'upon. • ;1999. 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