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HomeMy WebLinkAbout4693NSM -Fr s,e - �A D<cl' " A 6 • r ,APPEALS BOARD MEMBERS �FfO(kco Southold Town Hall ,S Gerard P. Goehringer, Chairman Gym 53095 Main Road James Dinizio,Jr. � =� P.O.Box 1179 Lydia A.Tortora %k Southold,New York 11971 Lora S. Collins y o�� ZBA Fax(516)765-9064 George Horning ��l �a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 711999 Appl. No. 4693 - LEONARD TRAPIDO _ STREET&LOCALITY: 205 Carrington Road, Cutchogue 1000-111-4l �] DATE OF PUBLIC HEARING: May 20, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located at the south side of Carrington Road, Cutchogue, and is referred to as Lot 395 on the Map of Nassau Point Properties, Section D. The property is approximately 25,250 sq. ft. in area with 120.88 ft. along Carrington Road, with a lot depth of 240+- feet. The parcel is improved with a single-family dwelling located 78 feet from the front property line. A previous determination was rendered by the Board of Appeals on May 23, 1974 under Appl. #1900 granting a variance with side yards at 15 feet and 10 feet, with the exception of a "false wall area which shall be no thicker than one foot." The present setbacks of the dwelling with side yards of 7.5 feet and 15 feet do not conform to the previous setbacks. BASIS OF APPLICATION: Building Inspector's December 1, 1998 Notice of Disapproval citing Section 100-244B with respect to an "as built" deck located on a nonconforming lot of 25,352 sq. ft. with less than the required cumulative side yard setbacks of 35 feet (total). The setbacks are requested at 7.5 feet and 15 feet for an "as built"storage building and wood deck. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting an open, unroofed deck at the north end of the dwelling, having dimensions of: 11 ft. at one end and 24 feet at the opposite end, to a maximum width of 24'6". The proposed setbacks are; (a) 11 ft. from the bulkhead to the deck steps at the northeasterly corner; (b) 21'7"+- from the bulkhead to the deck steps at the northwesterly corner. No encroachment into the side yards is proposed for the deck addition. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the shed is for storage purposes and is at one-story height, and the "as built" deck is not a fully enclosed building, and will remain open Page 2 - June 7, 1999 Appl. No. 4693 - L. Trapido 1000-111-11-27 at Cutchogue and unroofed as a deck. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the dwelling has been in its nonconforming location for more than 40 years. (3) The requested area variance is not substantial, representing a reduction of 2.5 feet at the westerly side yard setback, and 2.5 ft. reduction in the cumulative side yard total. (4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the variance is for an open, unroofed deck with easy access from the dwelling, for enjoyment of the out-of-doors without leaving the house, and an "as built' shed for storage purposes. (5) The alleged difficulty has not been self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a storage shed and open deck addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further reductions in either side yard; 2. That the deck remain `open to the sky" and unroofed, as applied. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning. This Resolution was duly ADOPTED by unanimous (4-0) vote of the Board. ,� GERARD P. GOEHRI E CHAIRMAN For Filing about 6/10/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE6/,/ 019 57 HOUR/ o PM oryl.../..s�/% Town Clem. Tour_ i of Mattituck, in sail a, says that he/she i SUFFOLK TIMES,, shed at Mattituck, t `ounty of Suffolk an, iat the Notice of whit) copy, has been regu Newspaper once eac. weeks sucessivel, -� +►� o _da Principal Clerk /0 ma 19� 7- A4ARY DIANA FOSTER XINDTARY PUBLIC, STATE OF NEW Y NO, 52-4655242, SUFFOLK CM CDv�;v°ISSION EXPIRES AUGUST 31, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: December 1, 1998 To Mr. Leonard Trapido 205 Carrington Road. ................... Cutchop�ue, New York , 11935. 1622......... PLEASE TAKE NOTICE that your application dated September 28 _ t9. 98 for permit to construct a. deck addition .......... ........ at Location of Property 205 Carrington Road Cutchogue ................... House No. Street Hamlet County Tax Map No. 1000 - Section ... M..... BLOCK A! ........ LOT .27.......... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds the_'_as bu;l[^ deck__,__.___, addition being located on a non -conforming lot of approximately 25.352 so_ £t. in an R-40 Zone is required to have a cumulative side yard setback of 35'. Pursuant to _Article.%%IV?_Section100-244B:.._..._._.................................................. BIII)I' . PECTOR RV 1/80 FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 111971 TEL: 765-1802 Fxmmined.................. 19.... , Approved...._ ............. 19.... Permit No. ..,............. Disapproved a/c .. '-"1OARD OF HEALTH ... SETS OF PLANS ............... SURVEY ........................ CHECK ......................... SEPTIC FORK ................... NOTIFY: CALL.................. MAIL TO :.................... I�Ut L4 ,O (Building Inspector) !! APPLICATION FOR BUILDING PERMIT Es #. ....._... Date.. ..... .,19.... INSTRUCTIONS SLOG. D£Ytr rV,Z F SOLD a, is app Ica completely filled in by typewriter or in ink and submitted to the Building Inspector wi 3 sets of plans, accurate plot p to scale. Fee according to schedule. b. Plot plan stowing location of lot and of buildings on premises, relationship .to adjoining premises or public streets or a•>as, and giving a detailed description of layout of property mmst.be drawn on the diagram Which is part of this application. c. Tbework 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 througiout 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 ABY MADE to the Building Department for the issuance of'a Building Permit pursuant to the Building Zone 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, ordinaon-a, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buil Ing for necessary Inspections. ....... ............................. (Signature of applican , or name, if a corur.,ration) m �s:2}p (Mailing address of applicant) State 4h-ther applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ................. ........ .............................. )20� Name of owner of premises J. .............:............... (as on the tax roll or latest deed) Ll If applicant is a corporation, signature of duly authorized officer. m ... .................•................................. (Name and title of corporate officer) Builders License No .......................... Plumbers License No . ......................... Electricians License No. Other Trade's License No . .................... RIP 1. location of land on which proposed work will be done... ..(=¢K :.... ..............Si :.... .. .%z... ............. �® t.. House timber Street � hamlet County Taos Kap No. 1000 Section .. //................ lot ................ .� //— >) 7 .... Brock Subdivision ...................................... Filed Map.No. ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy..[��./.�.'..... .................. ........................................ b. Intended use and occupancy ............................................................................. 3. Nature of work (check which applicable): New Building .......... Addition ..T a atioH' ':........ floe' Repair ............ Removal ............. Demolition ............ Other Work .. ` .... ........_. 4. Estimated Cost ......................... fee .............................................. (to be paid on filing this application) 5. if dwelling,. nuiber of dwelling units.............. Number of dwelling units on each floor ................. Ifgarage, number of cars. ...................................... 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use ...................... 7. Dimensions of existing structures, if any: Front................ Rear ............... Depth ................. PLOT DIAGRAM: o'cate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions fran property linesdive street and block number or description according'to deed, and show street names and 'indicate whether interior or corner lot. �w1 STA1E OEY/JORK �,�} CODtI /.gj31h//4JKa�/4'�/`-'.... �7 ( o individual signing tract-) hove named V. MARGARET DAMIANO 2 W:n caw�asron�sweEn CC63696.6 My caMMlsslora FOF FV MAR. 18 2066 ..........being duly sworn, deposes and says that he is the applicant a , j itis the ......I/.....!............................................................................. (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 belie€;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this �1.1.......dam Notary ...................................... (signature of Applicant) height.......................... Number of Stories ...................... Dimensions of same structure with alterations or additions: Front Rear ............... Depth..................... Height .................... Number of Stories; ..........,.... 8. Dimensions of entire new construction: Front ............... Rear ............... Depth .............. Height.. ...... Number of Stories t 9. Size of lot:. Front .................... Rear .................... Depth ................... 10. Date of Purchase ..................... Nae of Former Owner ........................................ 11. Zone or use district in which premises are situated.............................................................. 12. ' Does proposed construction violate any zoning law, ordinance or regulation: ........................ 13. Will lot be regraded ................... Will a:ocess fill be removed from premises: YES NO 14. Names of Owner of premises ........................... Address .............................. Phone No. .............. Name of Architect .................................... Address .............................. Phone No. ............. Nameof Contractor ................................... Address ...............................Phone No. ............. 15. Is this property within 300 feet of a tidal wetland? *'YES ......... NO .......... *IF YES, SOMA .D Tom lMWEES FMNIT HAY BC WPIiED. PLOT DIAGRAM: o'cate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions fran property linesdive street and block number or description according'to deed, and show street names and 'indicate whether interior or corner lot. �w1 STA1E OEY/JORK �,�} CODtI /.gj31h//4JKa�/4'�/`-'.... �7 ( o individual signing tract-) hove named V. MARGARET DAMIANO 2 W:n caw�asron�sweEn CC63696.6 My caMMlsslora FOF FV MAR. 18 2066 ..........being duly sworn, deposes and says that he is the applicant a , j itis the ......I/.....!............................................................................. (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 belie€;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this �1.1.......dam Notary ...................................... (signature of Applicant) APP 7 1999 9�NA &&ergs Sauthaid TOWN OF SOU7NOL YORKAPPI ,I APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL t•/ i DATE ...... .. ......... 1'O T,I IE hZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. S 110-8iB -,Ry 51 1. Im o eA??,i? $ftP.ja ..... .r Nome of Appellant Street and Number . �TGFfOErUt .............................................. IV../.... .....»...HEREBY APPEAL TO ............ . Municipality State T1 iE ZONING BOARD 'OF APPEALS FROM TI IF DECISION OF TI -1111 BUILDING 1NSPECI'011 ON APPLICATION FOR PERMIT NO ..................................... DATED ..,................................................... WHEREBY Ti -IE BUILDING INSPECTOR DENIED TO ................................ Nome of Applicant for permit of .ten_,.. -.—.O __ �1. _..__ AI%/ Street and Number Munich ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Pex ,� Az* Con5irL J C, ciea 0_�&410r� LOCATION OF THE PROPERTY ...0..5..,C A (L2(N4 TQn Street Tam), District 1000 Section' I I IBlockI f Lot aI Current Owner I— e.ON. — .... ...:. _............. _ Mop No.,P„ P 'Lot No' 39-5 Prior Oriner , "n.o "N".5An,nrr.Sec., State on Zoning Map 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.) ArticleXXI li Section 100 - a.448 3. STYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (V/) 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. Lows Art. 16 Sec. 280A Subsection 3 (. ) 4. PREVIOUS APPEAL A previous appeal -Shesi has not been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( 1 request for o special permit ( ) request for a vorionce andwas made in Appeal No.................................Dated............................. r........................................ REASON FOR APPEAL ( �) A Variance to Section 280A Subsection 3 ( VI A Variance to the Zoning Ordinance Is requested for the reason that Form zni (Continue on other side) REASONS FOR AREA Do not use thesestandards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: 2. ;The benefit 'sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, btherthan an area variance BECAUSE: 3. The amount of relief requested is not'substantial BECAUSE 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5. Has the alleged difficulty been self-created? ( ✓ ) Yes. ( ) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) Sworn to before me this 2 X S f S X X S S S S S Y XX S X S S x l c �orat.v temp (Applicant) Agent must attach written consent from owner. day of , 19 Note Ate./ A Varian=ce to the fang Ordinance is, refines#ed for the reason that a deck .addition was constructed approximately 15 years ago es' in a side; and of 7.5`, with a curnmdative sideyarc's of 22.5 -The minimum per the emTerit. zoning rode is 15' and 35`. I yin undestrable grange wttl NOT be proelnee(I the rharaot_r of sfte neighborhood or a detriment to nearby properties, iff granted BECAUSE: the dock was consLructO appmxmr4tely 15 years ago. The plants and other „awrall vege%ation abscl.tres inuch of the deck. 2. the benefit so ffit by the applie#W CANNOT be achieved by some m i d; feasible for the itppli int to pursueother than the area Variance BEiCAU e Ole rciimeeval of the deck would result m the heed for a substatitial ansount of X11 in order to make the side yard usable, due to the slope of the pro e� �y. 3. The amount of rel=e€ requested is not substantial BECAUSE fie portion e'9f the deck net in compliance is ^a tide. ice& removal of the deck worlld result in a side y=ard of only 14':(ate total a€2°') 4. The variance Will NOT have an adverse effeet or impact an the physical or caavzr 4311emental condd'aionns in talr neighborhood or district BECAUSE the use of the deck allows the homeat mer to us-- and e?xfly his yard without the necessity of a mubstantaal' qua , ity of Fill to c al flftvr ., 4 a t teary a ice, Sa-' a.;.a, =u cby crea..r a s u- istarba= to the natural env ro=- nent. Has the alleged diffic 'ty been se --created'": X ; Yes. No. 6e this is the rniar?uum that is necessary and adequate and at the same timme preserve and. protect the character of the neighborhood and the health, safety and welfare of the emmunity4 ST ATE OF'N-EW YORK � CV{, N F OF SI FFMI KI _ e"it`i}iltva13t r"ceem crust attach a -niter wnsern dont owner. Sworn to wore =~ne this 7 day of, Argil, 49 9 LINDA F.KOWALSKI Nary public. SM of NaxYorkrr� No. ra-4524771 Notary o ., 00WMWinSui`.olkiourtY�„,,,) sudsy s u rf agnaofssion �Eres Nov.30.' i fllable FRONTAGE ON WATER (r�odland FRONTAGE ON ROAD lead)wlald DEPTH base PWk BULKHEAD ..S G A. TOWN OF SOUTHOLD PROPERTY REC CAPD 2% 0/9Z e)1O" c_Do& - aA-Qdd, cr,C "..ORD .�. OWNER STREET ^, VILLAGE D15T. SUB.LOT + p J. ik f'UN I40'a..4, � 7�.-b uL' u 4 D 'r fUdJS'bU )'''dinj"�,`�GII l -a A r .1nS f�i L FORMER OWNER N E ACR. J�Z t_ �' � S W TYPE OF BUILDING wrRES. oZ � SEAS. VL. FARM COMM. CB. MICS. Mkt. Value '. LAND IMP. TOTAL DATE REMARKS CZZ i/f n i fllable FRONTAGE ON WATER (r�odland FRONTAGE ON ROAD lead)wlald DEPTH base PWk BULKHEAD ..S G A. {� J,,e b�il 13o,.D A11Z/' ;r 0/9Z e)1O" c_Do& - aA-Qdd, cr,C 1 E?(i a F4' t_ 1 i fllable FRONTAGE ON WATER (r�odland FRONTAGE ON ROAD lead)wlald DEPTH base PWk BULKHEAD 0 09 M. Bide. / A x / 2 - S Extension ' Bath S s./ Extensiapr X%2 - Extans�� / 6 K A 3 tf/y d�Ec K. y. rK i y — Pak,,, 1)EcKx0p _ x/00. AMR9 zb a08 Breezeway G % Z6 /5=ia DR. Gorepe vU _ / 2 d Patio Rooms 1st Floor O.B. Tp�al FIN. B Bath Dinette tFou.ndation ent rl,y f f Floors D y K K. y. allsSo-; ! Interior Finish S ,, p- > R• Fire Place e Heat DR. Type Roof Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B c o Dormer Driveway 14 t l L- t Vk tea. G£ 3 � J .yJ. LEtt.,q 9G �i ( °FIV wYoP V] G.naum_ zac Wlerauon or addition `.yl �•��+/!—ZS ZSU %•%- ~ to this survey is a Ndiationof (� Section 7208 of it* New York State Q 9 Education Law. Copt aotlhlasueeyaai0^at, ,\ V the and aavrpraiVoM abler `D �. amhaavadaaYMul mtMmiaWKw V to ba t vHdttwelq D GualaMaaa YMOMN11MMn a1 d w ` only b M ywaon brrlwttt BMMMy. C is .d .wmHsertw,.a aaa ootnpatry_9aemmraY and to to Yttdattiotl hbd lNraee ivokawL camera we rte"" �. �. to additional Insunfionaor autiwWwa 57/0�•�o�rs/ /QZ. �97 owners.LOT 7 ,l U' / Qi' b � 3aei✓EYfo e LEGWi9�C05rS'//.�LEf�T.QAP/Ol7 4A*7;(-o%oUY W-71FJ 4WAIR�& LrRNO :0,61wPe7le ¢ Lo>• 39,5/t1�Po�yil�SS•y/J.davN7.�.eCWE.2TE1✓. �c:IJ - �IJX�B �ocoria�si.Ca/r✓�acrid�, �i.�yoc/rCc�wrr;./rl.Y. !�/n'�ON•Y./�7/ DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SU.FFOLK— ROBERT J GAFFNEY L_ SUFFOLK COUNTY EXECU11VE August 18, 1.999 iz. i STEPHEN M. JONES, A.I.C'.P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections'A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Rushin (Patricia) & Motley (Pamela) 4662 Friedman, Stephen 4674 ,A/Trapido, Leonard 4693 Mackham, Linda Duffy 4713 Barry, Robert & Joyce 4714 Michelis, Gregory 4715 Rutkowski, Stanley 4716 Sclafani, Anthony & Cheryl* 4717 Yaccarino, Joseph 4719 Von Eiff, William 4720 Von Eiff, William 4721 Angell, Theodore 4726 *With the understanding that premises will be encumbered by appropriate restrictions, particularly' as set forth by the Z.B.A. Vent' truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1-1768-0099, TELECOPIER'(5 1 6) 853-4044 I � , 0 cc - i 41- °J�®1 �a0 (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County A ninistrati:ve Code, The Board of Appeals of the Tam of Southold, New York, hereby refers the following to the Suffolk County Planning Conmssione X Variance from the Zoning Code, Article XXIV Section 100- i 244B Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No_: .4693 Applicant: Leonard Trapido Location of A,ffec,ted Land® 205 Carrington Road, Cutchogue, N.Y. 11935-1E County Tax Map Item No.: 1000- 111-11-27 - Within 500 feet of: X 'Town or Village Boundary Line Body of',Water (Bay,, Sound or Estuary) State or County Road, Parkway., Highway, Thruway Boundary of Existing or Proposed County,. State or Federally Owned Land Boundary of Existing or Proposed County, State, or Federal Park or other Recreation' Area Existing or Proposed Right -of -Way -of any Stream or Drainage Channel Owned by the County or for which the County has established Channel, Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission, to deck additinL, n'onconforminq lot -total sideyards, Copies of Town file ana related ocuments enc used for your review® Dated: �� G _ 1999 4 1 APPEALS E®ART) MEMBERS Gerard P. Goehringer, Chairman ®� James Dinizio, Jr. g Lydia A. 'T'ortora Lora S. Collins George Homing ]BOARD OF APPEALS TOWN OF SOUTH[O]LD June 10, 1999 Fax Transmission 878-8951 Mrs. Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 Re: Ap I. No. 4693 - Trapido Variance Dear Mr esiano: Southold 'Town Mall 53095 lain Road P.O. Eox 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 Meeting held June 7, 1999. Please be sure to contact the Building Department (765-1802) regarding issuance of a building permit (if applicable), and certificate of occupancy at the final phase. 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 CHAIRMAM�IVICi 7�G2G� By Linda Enclosure Copy of Decision to: Building Department Decision filed 6/10 Page 2 - June 7, 1999 y Appl. No. 4693 - L. Trapido 1000-111-11-27 at Cutchogue and unroofed as a deck. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the dwelling has been in its nonconforming location for more than 4.0 years. (3) The requested area variance is not substantial, representing a reduction of 2.5 feet at the westerly side yard setback, and 2.5'ft..reduction, in the cumulative side yard total. (4) There is no evidence that the grant. of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the variance is for an open, unroofed deck with easy access .from the dwelling, for enjoyment of the out-of-doors without leaving the house, -and- an "as built" shed for storage purposes. (5) The alleged difficulty has not been self-created-. In considering this application, the .Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a storage shed and open deck addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On,motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no further reductions. in either side yard; 2. That the deck remain "'open to the sky" and unroofed, as applied. Vote of the Board: Ayes: Goehringer, Dinizio, Tortora, Horning. This Resolution was duly ADOPTED by unanimous (4-0) vote of the Board. GERARD P. GOEHRI ER CHAIRMAN - For Filing about 6/10/99 RECEIVP.,D AND, MD BY SOUTHOLD TOWN CLM: �. HOUR, Town r of • d i 'r sr o .v 7 .39 mar lI V, Na Coe!; 04-0 !A- Co.4t,cne7c roo7lAo 7 I Y2,14 ell E LHZABETEH A. N EVIL L1E TOWN CIL]E]EK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OIFIEIICIE OIF THE T®WT CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 7, 1999 RE: Zoning Appeal No. 4693 - Leonard Trapido Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4693 - Leonard Trapido. Also included are Notice Of Disapproval, Application For Building Permit, Applicant Transactional Disclosure Form, Z.B.A. Questionnaire, copy of Survey, and copy of Letter of Authorization. - CATHERINE MESIANO, INC.,'l Licensed Real Estate Broker Real Estate Consultant V April 6, 199-9 Southold Town Board u Main Road Southold, NY 11971 Re: Leonard T-rapido 205 Carrington Road, C=utehdgue Gentlemen, Fhave been authorized by Mr. Leonard Trapido to submit an application on his behalf for a-side..yard variance. ?kir. Trapido is seeking a Certificate of Occupancy for a deck which was constructed approximately 15 years ago, and has learned that the structure is not in conformity with the required setbacks__ Enclosed please find the following in connection with the above referenced variance applicationi, l:. Notice of Dispproval. 2. Application. 3. Consent. 4. Z.B.A. ytiestiom--faire. 5. Survey. 6. Filing lee in the amount of a 150.00. Thank you for your consideration. very truly yours, d Catherine A. Mesiano, President Enclosures 12 Mill Pond Lane • East Moriches, New York 11940 . 516.878.8951 CONSENT Re: SCTM# 1060-111-11-27 205 Carrington Road, Cutchogue, NY 1, Leonard Trapido, owner of the above referenced property, authorize Catherine Mesiano tomake_ applica.ion to the_ Southold. Town Board, of Zoning -Appeals for a_variance_ �- C oL 0�e4 Dated: February / 1999 Leonard Trapido - I "=;;�. APPLICANT TRANSACTIONAL DISCLOSURE .,:,AM YOUR NAME: -fRRPobo,• I— 0PJA-.`0 (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete 'the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A.) the owner of greater than 5% of the shares of the corporate stock .of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submittedtti�yfday of 199 Signature Print name Li56njoq2D QUESTIONNAIRE FOR FILING WITH YOUR Z.S.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.) L Co 1J AVO 1-9, 8 Pa`oda Oct r1e-e, B. Is the subject preml.ses listed on the real estate market for -- sale or being shown to prospective buyers? [)-I Yes { ?} No. (If Yes, please attach copy of "conditions" of sale®) C. Are there any proposals to change or alter land contours? { } Yes (/'I() No D. 1. Are there any areas which contain wetland grasses? n6 2. Are the wetland areas shown on the map submitted with th, s application? 3• Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wet ands or pond areas, have you contacted the Office of the Town Trustees for its determination of 'jurisdiction? c E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n, a, (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? noinC If none exist, please state "none." G. Do you have any _ place at this concerning -s? T\ 0 * If yes, please submit _ copy of your building permit and map as approved by the Building Department. If none, please state. C_� H. Do you or any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. I• Please list present use or operations conducted at this parcel sinal e- frr,.rn.1 V and proposed use �Qk_rf 3/87, 10/901k NOTICE OF PUBLIC HEARING, SOUTHOLD TOWN BOARD OF APPEALS ,THURSDAY, MAY 20, 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, MAY 20, 1999 at the time noted below (or as soon thereafter as possible): 7:55 p.m. Appl. No. 4693 - L. 'TRAPIDO. This is a request for a Variance based upon .the December 1, 1998 Notice of Disapproval, Article MV, Section 100-244B for a permit to construct an addition (deck and existing storage building) which will have a cumulative side yard total of less than 35 feet, at 205 Carrington Road, Cutchogue, NY; Parcel 1000-111-11-27. The Board of Appeals will at said time and place hear any, and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. The 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:-May3, 1999. _ V..T BY -ORDER OF THE SOUTHOLD OWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Ab r PC ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEWYORK In the Matter of the Application of (Name of Applicant Regarding Posting of Sign upon Applicants Land identified as 1000- 11k - 99 - 2 7 COUNTY OF SUFFOLK) STATE OF NEW YO AFFIDAVIT OF POSTING MAY 1 71999 , r I, M e5 ta_,.> residing at 12 IM " I PO n. d L`- 6. (Yi.O (L lC,i-( cry New York, being duly sworn, depose and say that: On the 9 Z day of M"- ,19_�Ij, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position uponWOK(peky, located -ten (10) feet or cl®seu° 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 Tor seven slays pini®¢ to the date of the subject hearing date, whit a¢°ing date was slu iiJJt® be (Signature) • f Sworn to before ane this /.?'& day of A7 '19 /� Vii' �, / ,"• �, I f ;' ,ic 1%LBA'DA is KOW✓ALSKI Pub i5ca State Of Al so �®� NO -52477W 8iffied 1,nSuffolk Co� �a�aMiesi0n &Fires %,, S® ® *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 ----------------------------------------x In the Matter of the Application of AFFIDAVIT en �! cr�-cl J�LI 2LG y �'.A P/_ OF (Names of Applicants) MAILINGS Parcel ID #1000- /I d 11 -2T -------------_-_--------------_-----------x 1 MAY 1 71999 f COUNTY OF SUFFOLK) J! STATE OF NEW YORK) Ik —� ll residing at L6 �I'1vlLaclteS New York, being duly sworn, depose and say that: On the I I day of M" ,193, I personally mailed at the United States Post Office in (exj�e Mojr(-..,&_5 , 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 (ssessors, or ( ) County Real Property Office 'for every property which abuts and is across a public or private sweet, or vehicular right-of-way of record, surrounding the applicant's property./ (signature) Sworn to before me this ?-"lay of 19 ff (Notary Public) PLEASE list, on the back of this Affidai,it or on a sheet of/)aper, the lot numbers next to the owner nantes and addresses for which notices ivere mailed, Thank you. i------------- P 403 937 083 US Postal Service RLCWPt f(Orr CWtffied Mail No Insurance Coverage Provided. Do not use for Intematinnat nxnis IQ— . Is your RETURN ADDRESS completed'on the reverse side? o rn cn C -�g� a� ��om o X(� '° ppy� -n/ jn ;�.�; foo - v G) CD_ a ?o=ID W ICy 3 a m� 3NN� T- m m. n m Q) S20m fa' s am m y p - CCi co is (D O C a (D d N O y O N QO 41. ,may F ¢ w d T ;ri CD CD m (D 30 W ID CD l C.0 0)° �. 2 7 N (D (D O (J IG N� w 3 �i (, O (DD JC' aDal w d Co v ? A am m n �a 0❑❑❑Q w m3 CL � I W CSI y N � l/ ZCD �; y y r CD [D CD _ v► pga o_ m o 0 1 w o CD N m �1 cVT ❑ ❑ m �'� _. 0D vC O vo, y a m m C _ En 00 CD =w .N-. co Cl) m 0 CN ❑ ID ❑ a o m .a n ° m D CD y Q co rQD (D m Q 7 N (D C (D 2 m Q (D CDN CD. a a Thank you for using Return Receipt Service. 4) 111 -11 -Ito `b®0111-10-�.$ I S. Burk Carol Peters 55 Train St. Apt. 5611 .3130 Wunnewata Road �osevelt. island, NY 10044 Cutchogue, NY 11935 arnard & Jeanne Mair )x 61 atchogue, DIY 11935 1000 -111 -1 -It Frank & Rose Gatto 240 Carrington road Cutchogue, NY 11935 Wfiom &-Datep6We �o o Retum Receipt Sh hom Q Date, & Address dress W TOTAL Post Fees $ Postmark or A i l Restricted Delive ,Fee Return Recd o aQ Whom & Da ered Q Retum Recrei wing to Q Date, & Add 's Addres Q) TOTAL P e & FesC �= Postmark o J t° rn D Is your RETURN ADDRESS completed'on the reverse side? o rn cn C -�g� a� ��om o X(� '° ppy� -n/ jn ;�.�; foo - v G) CD_ a ?o=ID W ICy 3 a m� 3NN� T- m m. n m Q) S20m fa' s am m y p - CCi co is (D O C a (D d N O y O N QO 41. ,may F ¢ w d T ;ri CD CD m (D 30 W ID CD l C.0 0)° �. 2 7 N (D (D O (J IG N� w 3 �i (, O (DD JC' aDal w d Co v ? A am m n �a 0❑❑❑Q w m3 CL � I W CSI y N � l/ ZCD �; y y r CD [D CD _ v► pga o_ m o 0 1 w o CD N m �1 cVT ❑ ❑ m �'� _. 0D vC O vo, y a m m C _ En 00 CD =w .N-. co Cl) m 0 CN ❑ ID ❑ a o m .a n ° m D CD y Q co rQD (D m Q 7 N (D C (D 2 m Q (D CDN CD. a a Thank you for using Return Receipt Service. 4) 111 -11 -Ito `b®0111-10-�.$ I S. Burk Carol Peters 55 Train St. Apt. 5611 .3130 Wunnewata Road �osevelt. island, NY 10044 Cutchogue, NY 11935 arnard & Jeanne Mair )x 61 atchogue, DIY 11935 1000 -111 -1 -It Frank & Rose Gatto 240 Carrington road Cutchogue, NY 11935 Jill S. k Carol R. -1,f.9 555 Main St. Apt. 5611 3130 Wunnewata Road Roosevelt Island, IVY 10044 Cutchogue, NY, 11935 Bernard & Clair Jeanne • Cutchogue,1*1935 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 20, 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. MAY 20. 1999 at the time noted below (or as soon thereafter as possible): 7:55 p.m. Appl. No. 4693 - L. TRAPIDO. This Is a request for a Variance based upon the December 11 1998 Notice of Disapproval, Article XXIV, Section 100=244B for a permit to construct an addition (deck and existing storage'building) which will have a cumulative side yard total of less than 35 feet, at 205 Carrington Road, Cutchogue, NY; Parcel 1000-111-11-27. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or to submit written statements before concluding the hearing. The 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 3, 1999. BY ORDER OF THE SOUTHOLD OWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski OFFICE OF ZONING BOARD OFAPPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 Re: Chapter 58 — Public Notice for Thursday, May 20, 1999 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice, 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 5/12/99. 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, Enclosures NOTICE 1S HEREBY GIVEN that a public hearing will be he�d by tht SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southo�d, -New York, concerning this property. 0 OWNER(S) OF RECORDO Z EOWA 4eb 7omemA PID 0 If you have an interest in this project, you are invited to view the Town file(s) wh�ch are available for inspection pdor to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS e TOWN OF SOUTHOLD s (516) 765-1801 Updated FOR BOARD AND STAFF USE New Information - le Southold Town Board of Appeals -4- May 23, 1974 PUBLIC HEARING: Appeal No. 1900 - 7:40 P.M. (E.D.S.T.), upon application of Leonard Trapido, 117-01 Park Lane South, Kew Gardens, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition to dwelling with insufficient sideyard. Location of property: SIS Carrington Road, Lot 395, Nassau Point, Cutchogue, New York. Fee paid $15.00. ///- //- 02 % The Chairman opened the hearing by reading the applica- tion for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? MR. LEONARD TRAPIDO: I am here to speak for my applica- tion. THE CHAIRMAN: As I understand this application, you propose to put up a blank wall. MR. TRAPIDO: That's a first step. That would be the only violation that I plan. When I moved into Nassau•Point I was -very impressed with the area. I resented the fact that I had to take over property that was owned by birds and animals. That's why I built an all cedar house. I am in the luggage business; when there was a shortage of plastic, I was busy and neglected to keep pace with what happened to those two properties. The east side of my house was unfinished, that is a low part. The living room has a 25' ceiling. There are windows on the north and south side. They are very large windows. There are no windows on the east side because that's where the garage is supposed to be. This wall will be developed in the manner shown, -and within the 15 foot limitation I plan to put up another wall and then put a roof on. It would meet the zoning law. THE CHAIRMAN: How big a sideyard would you have? MR. TRAPIDO: The wall is 6" wide, it is more like a fence excepting that it is higher than a fence but, getting back to your question, I am left with 8' between the end of that wall and the adjoining property. THE CHAIRMAN: It means that you would have a total of 18 feet in sideyards. How far away is the adjoining house? Southold Town Board of Appeals -5- May 23, 1974 MR. TRAPIDO: The person who has the next house is behind my house and there is the width of a lot between where I want to build and Vanston Road. THE CHAIRMAN: Lot 394 is the one we are talking about. MR. TRAPIDO: Her marker is set back from the road such a distance that people get the idea there is a lot between us. THE CHAIRMAN: I think this is the first application we have had for a false wall. You intend to fill in? MR. TRAPIDO: At the point where I become 15 feet from the next property a real wall will go in. I can then have a garage. You can have 15 feet to the next property if you have 10 feet on the other side. THE CHAIRMAN: This is not an undersized lot by pre- existing Ordinance. Now, the sideyard requirements are 35 feet but that can be varied by the Building Inspector by 25%. THE CHAIRMAN: Does anyone else wish to speak for this application? t MRS. TRAPIDO: We have discussed this with the neighbor involved. Her house is built on the other street. She has a corner property so that her house is quite a bit beyond our house. This, actually, would face the width of the house. MR. TRAPIDO: We also spoke to the neighbor across the street. They thought it would be a good idea because that side of the house is raw. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Board finds that applicant requests permission to construct addition to dwelling with insufficient sideyard on the south side of Carrington Road, Lot No. 395, Nassau Point, Cutchogue. The Board finds that the east side of the house was originally planned for a garage addition but an over- sight was made in the excavation and the applicant feels that this wall would add a finished look. It will be a wall running at right angles to the adjacent property and will not block it off. The Board agrees with the reasoning of the applicant. Southold Town Board of Appeals -6- May 23, 1974 The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship® the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district® and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Grigonis, it was RESOLVED, Leonard Trapido, 117-01 Park Lane South, Kew Gardens, New York, be GRANTED permission to construct addition to dwelling with insufficient sideyard,on the south side of Carrington Road, Lot 395, Nassau Point, Cutchogue, New York, as applied for, subject to the following condition: That applicant maintain his sideyard to the extent of 15 feet with the exception of the false wall area; the false wall shall be no thicker than (1') one foot. Vote of the Board: Grigonis, Hulse. Ayes:- Messrs: Gillispie, Bergen, PUBLIC HEARING: Appeal No. 1901 - 7:50 P.M. (E.D. S. .), upon a lication of Paul and Jacqueline Kelly, 101 Wallace Street, F eport, New York, for a variance in acco ance with the Zoning O inance, Article III, Section 100- and Bulk Schedule for pe 'ssion to divide property h insufficient width and area. Lo tion of property: Private Road, W/S Camp Mineola Road, Mattituck, boon d north by Folly Beach Ltd., and Allen; e t by B. S er; south by Private Road; west by B. Hart. Fee aid 5,.00. The Chairman openedthe ear' g by reading the application for a variance, legal not' e of hear' g, affidavits attesting to its publication in e official news Pers, and notice to the applicant. THE C N: Is there anyone present who ishes to speak for -'this application? (There was no response.)