HomeMy WebLinkAbout46919 ♦ , A
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
REGULAR MEETING
MAY 20, 1999
Appl. No. 4691 - CELESTE THEOPHILOS PARCEL: 1000-51-4-9
STREET & LOCALITY: 20465 Sound View Avenue, Southold
DATE OF PUBLIC HEARING: May 20, 1999
FINDINGS OF FACT
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total lot area of 19,276
sq. ft. (to a tie line) with 75.51 ft. frontage along Sound View Avenue, and a lot depth of 257.47+ -
feet, Southold. The March 31, 1999 survey shows an existing one-story dwelling with the "as
built" deck and stairway to a concrete deck at the beach. The dwelling with the "as built" deck is
21+- feet from the top of the bank at its closest point.
BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated
April 1, 1999 citing Article XXIII, Section 100-239.4A(1) for the reason that the Code requires a
minimum setback of 100 feet from the top of a bluff or bank of the Long Island Sound. No other
variance has been requested through this building permit/appeal process.
AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for a portion of the "as
built" deck at 21+- feet from the top of the Sound bank, and for a proposed second -story balcony
addition over the deck, a small portion of which will be 27+- feet from the top of the Sound bank.
REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public
hearing and other evidence, the Board finds the following facts to be true and relevant:
1) Grant of the area variance will not produce an undesirable change in character of neighborhood
or a detriment to nearby properties because the variance is minor, relating to only a small portion
of the "as built" deck and proposed balcony addition, which replaced a former porch (existing in
May 1976).
2) The benefit sought by the applicant cannot be achieved by some method, feasible for
applicant to pursue, other than an area variance.
3) The requested area variance is not substantial, representing a very small section of the
proposed balcony addition over the "as built" deck area.
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 a porch existed for
many years prior to its replacement in the late 1970s by the "as built" deck, and there are no
visible changes that show a setback closer than the preexisting nonconformity (porch and "as
Page 2 — May 20, 1999
ZBA Appl. No. 4691 - C. Theophilos
Parcel ID 1000-51-4-9
built' deck which existed for 20 years or more).
5) The alleged difficulty has not been self-created because the 100 ft. setback requirement was
not a Code provision in the late 1970s.
In considering this application, the Board finds that a variance to allow construction of the
proposed balcony addition over the deck, "as built' is the minimum necessary and adequate, and
at the same time will preserve and protect the character of the neighborhood, and the health,
safety, welfare of the community.
RESOLUTIONJACTION: On motion by Member Dinizio, seconded by Member Tortora, it was
RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS:
1. Applicant to follow the guidelines and recommendations of the Suffolk County
Soil and Water Conservation District noted in its letter to the ZBA dated April 30, 1999 for storm
drain(s) and downspouts to direct rainwater runoff towards the road (instead of the bluff); and
2. The both the first -story and second -story decks shall remain open, except for the requested
balcony areas.
VOTE OF THE BOARD: AYES: MEMBERS GOEHRIN ZIO, T TORR, HORNING.
(Member Collins was absent.) This Resolution was di
adopte ///z�
(4-0).
GERARD P. GOEHRINGER
CHAIRMAN
For Filing about 5/zjo�/99
RECEIVED AND FILED By
THE SOUTHOLD TOWU CLta
DATTEy 5/ayJ95 SOUR to : 21z,
Town Clerk, Town of
a''1 ''ante underArticle X, Section
1 yL base6tpon the October 20
1 Notice of Disapproval for a
permit -to use'. part of an existing
dwelling, disapproved In this .B
Business Zorie.District fora Gift
Shop for the =reason that an addi-
tional use (CQr a gift shop) is pro-
posed on art5nsufficientiat area of
51, sq. tY'{in conjunction witha
principal dwelling use). Location of
Property 32520 C.R. 4$, `Peconic,
NY; 1000 Z4`-0�J. -
6 -:55 p tiul'App1- No'. 4687-
PRISCILLA ,STEELE., This is a
request for:n.Lot _Waiver. under
AtticII Section 100-26, regarding
a soand$r'dd` lot known as 275
Village Land;{vvest side), at Matti -
tuck, N1,t, d approximately
122.feet nortll•pf the Main Road.
The March;22; 5999 Notice'of Dis-
approval sthat the Zoning
Code Anc�l°tII, Section 100-25
merges tlu rth an adjacent lot
to the we fronts along the
Main Roadr Med as 1000-114-
06-03. Thefo",p'rvhich ia'the subject of
this -%iu_er•`�'iestisatlentifted qu
}t,P (`nl\nM1Y-.l Ma -u -ea tllM '11.I.0
$555 Pm Ap�3 — L.
TRAPIDO Thtfs'Isg i yequest for a
Variance be
1,
1, 1998 N0 &c ', ¢f I`3issappproval,
ArticlX , Sectlgn 1003rWB for
a per`e to, to cotts�t'tctC�"r addition
(deck and existing-jong'esbu>iding)
which wdl had tive side
yard total of lest eet; at 265
Ca on NY;
Parcel: 1000-111 „
8:05 pmAp'p No 4694 -
BARRY SHAT s is a re-
quest for a Va,n er Article
XXIII,.based
upon the March" otiee of
Disapproval for Perm x to con-
struct deck whtoli,%sg r, "'d within.
75 feet of exist*togf ' ' -, at 625.
Wood Lane, Pe.'" • , .Parcel
1000-86-6-1
8:15 p.m. App .`„;�t672 —
DOUGLAS Ai+l a SE: A
Variance IST '" " Article
XXIV, Sectio0x. ed upon
the Decembei. btice of
DisapproL wh' lhat the.
propinsed the
;zmga "Do ltp..Zn-;Pergzpphcation to
mos vert��i ril for retail)
7:05 p m a' Ppl.' Nb 4688 �—
ow maple La
01-M
Sbuthol
MARILYNk�R'UMET•' This is a
8:20 P'=7
fgr�tltereyaslrt that�tetail sales and a
iequestfona aiiance.under Article '
JOHNWAN
MARIE
XXIV, Se $l W"-100-244„tiased upon
is requested f
use m this A -C Zone: Location of
the March:$2,.. 1999 Notice of ..
front yard;):
the Ma
Disapproval for a permit to con-
Section 100-:
":6:45 p.m.,. Appl. No. 4656 —
structwitIt insufficient
Iaanary 29.
front y1
front and yard . settiacks. Lo-
Disapproval..
4msr
cation of Pliogefty: This:is a corner
190 Osseo .4t
lot locatedyuthe east side of Beebe
87-320.
Drive and th?sonth side of Wilson
8:35 p.m::
Road, CutchpPe, NY; Parcel 1000-
STEPHEN' --
103.9-4..:::'
(Continuatior
7:15 pm.'Appl.'No. 4689 —h4
g). Vat
MERLO>`� IS'A "WE WIG
side
yards RaGIN.
Thisraa , quest fora Variance "
-23O,eDeep�I-]
under. Anc�le1,XXI1 Section 100
10(0-123-U 4
232B,.b'ased2upon: the January21,
&30 p.nL
1999 Nottc"e; o€. Disapproval, for
MICHAEL,.
approval of€toml height of "as built”
ZUI OSKL -1
-
berm'. aloru" infront yards at
Variance tin
INGS
-10940 Matioad,East Marion, NY;
Section 10043
)WN:
I, -3I-1'Nr+'$3:` ',
locat'e dwelGi
'SALS
`7:25 paf„Appl. No.`4690 —
istiagbam,hii
20,1999
LOUISE 12%CHARDS: This is a
26461 main.,,F
1Y GIVEN,
of the Towne
request for a_ Variance Article
XXIV. SCCA 100-244 based
Parcel 1000 -It
8:50.
he Town of
upon
the Maid$ 1999 -^Notice of
p.m�
WILLIAM J
applications
DSsapproy dor permission to con-
request for al
hearings by.
strut[ ansa ' ' whichwill have an
XXIU Section
N BOARD
t fficien yaril:scabacki in
Marh:Pe
February i
D Southold
rt, at Lane,
Disapprovalf
fain Road,
7j'fattituck '000-143=2-24.
':
new dwelling;
11971_09'
7:35 Appl. "Nn. 4691 —
proposed m4
1999 at the.
CELE OPHILOS. This is
the sftnnt prof
soon there-
a; request .F all Va>•iance under
Aogtl, GreenF
Article;, �I, $ection 100-
4,4=5=20. -
585— VIN-
239AA(1;),. d updu'the April, `
The Board..
s a request
1999 No Disapproval, for a
time and place
Doing Code
permit totrcagstruct -second-story '-
sons or repre
II, Section
addition w h y4 ft- balcony and "as
be heard is ti
he October
bailt" rrstpgr deck (most of ex.
or ,to submit
hsapproval
isting deck'.ieplaced a former
before conclig
991 regard-
porch), all,(orated withia 100 feet
hearing wilth,
;zmga "Do ltp..Zn-;Pergzpphcation to
mos vert��i ril for retail)
YOM to
at` 20,5
N W;{t]untCuo4 with applicant%-
Sbuthol
,dsS[udioattd Gallery; disapproved
. 7:45
fgr�tltereyaslrt that�tetail sales and a
CHRIS
%allery fot"''pubhc; viewing inthe
MARIE
aNcessory d' not a permuted
quest fc
use m this A -C Zone: Location of
IIIA, Se
i ,operty:10Q,5ound=Avenue, Matti- -
the Ma
ituk, NY,•:Parcel ID 1000-120-3-1.
Ltisappr
":6:45 p.m.,. Appl. No. 4656 —
struct al
ANDREA - AND STACEY
front y1
—
requirec
1-51 49.
business, hoe
il. No. 4692 -
hay questic
AND HEIDE- ,
talocall (£
4N. 'Ails is a re-
: Date&Miry'•'
ice under Article
il
10Akbased upon
'
1999 -Notice- of
B
I Permit- to con-
GERA]
rhoto9pooi in a
-
rather than the
at 6305 Horton's
1699-lTMy6
ice
is
A,
a
of
t674 =
,w -
-DINE
it for a
III -A,
unit to
Preex-
yard at
te, NY;
595 —
his is a
Article i of Mattituck, in sail
on the —
ee of z, says that he/she i
locate
'hicli is - SUFFOLK TIMES,
.
d from shed at Mattituck, v
11000-
000-- :ounty of Suffolk an,
at said lat the Notice of whit.'
an per- . copy, has been regu
ting to
cations Newspaper once eac
:menta weeks suCcessiveli
;. Each ++� da
3l than _
ale for
a Hail
If you
it W
lies.'-
Principal Clerk
FTHE
;OWN
IT—
_19--�5
r MARY DIANA FOSTER
40A R? E USLIC, STATE OF Fa Y v
NO.5942 SUFFOLK GOUT
(:i:s ifS51e,liiPIKESAUGUST33,
e
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
To: Theophilos Celeste
23-22 30TH Road
Astoria, New York 11102
Date: April 1, 1999
PLEASE TAKE NOTICE that your application dated March 10 1999
For permit to Construct a new 28'-8" x 28'-8" second story addition with
4' x 24' balcony and "As -Built" first floor deck for an existing single family dwelling at
Location of Property 20365 Soundview Avenue Southold New York 11971
ous o. e[ e
County Tax Map No. District 1000 - Section 51 - Block 4 - Lot 9
Subdivision: Filed Map No. Lot No.
Is returned herewith and disapproved on the following grounds: The existing 12' x 24' deck
on the north side of the existing dwelling is new and was constructed without a building
permit and has no current C.O. The contractor responsible for the deck indicated that
decks did not exist & no decks were removed prior to construction of the "As -Built" deck
Under article XXII1 Section 100-23.9.4.A(l).. All buildings located on lots adiacent to
sounds and upon which there exists a bluff or bank landward of the shore or beach
shall bea: set back not fewer than one hundred (100) feet from the ton of such bank.
The existing setback of the dwelling is approximateltesty three (33') feet from top of
bank as shown on survey prepared by John T. Metzger dated 3/31/99.
The existing "As -Built" deck is twenty one (21') feet from top of bank
The proposed second story addition w/ balcony is twenty seven (27') from top of bank
A!9tr"U..............
i I `�✓ ''�"uRD OF HEALTH
0. 1' PETS OF PLANS .......... . ... .
BUILDING DEP THOLD CHECK ........................
RRR TOWN OFRSOU
DEPARTMENT CHECK .........................
Tp S D .DEK. TOWN HALL SEPTIC FORM ...................
SOUTHOLD, N.Y. 11971
TEL: 765-1802 NOTIFY: 2 7
CALL
Examined................... 19.... MAIL TO*..................
Approved.._ .... 19 Permit No. ..:............. ....
7���, ../9y...f
Disapproved arc. ............. ..................................
_ ........
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
.Date... 3 ' ...... 19.9.!GG
INSTRUCTIONS
a. 'This application mist be completely filled in by typewriter or in ink and submitted to the Building Inspector e
3 sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Piot plan showing location of lot and of buildings on premises, relationship.to adjoining premises or public
streets or areas, and giving a -detailed description of layout of property mist be drawn on the diagram which is part of
this application. ' .
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such
permit shall be.kept on the premises available for inspection throughout the work. -
e..No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of
Occupancy shall have been granted by the Building Inspector.
APPLICATION IS UEREBY MADE to the Building Department for the issuance of abuilding .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.. Tbe applicant agrees to comply with all applicable laws, ordinances, building code, ,housing code:, and
regulations, and to admit authorized inspectors on premises and in building for necessary inspections.,
.....................................................
(S' Lure of applicant name, if a corporation)
i
irg address ofp li t
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, p umber or buil(e
Ae: -?I..................................
.....
Nate of owner of premises r .44i%..G .�0 S
................................................
(as on the tax roll or latest deed)
J'
If applicant is a corporation, signature of duly authorized officer.
.........................................................
(Name and title of corporate officer)
a�C.Builders License No. .. .. A.
Plumbers License No. !.:\.1�Lc'`�
#
Electricians License No. tl&.V-.5...
Other Trade's License No .....................
1. c�Loc�a*�tion of lard co which proposed work will be done..: -y (/� �[. /!.�. 4!.1.f.tom... �G 1 �4 ZY.
��........: ��.................................................................................................
House Nmber Street` , � Hamlet 13 r C
County Tax Map No. 1000 Section .,..[........ Block .....`�z`......... Lot
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...�i1L!i-.r[r.t .
b. Intemded'use and occupancy ....OLi�..rn.
3. Nature of work (check rdhich applicable): New Building .......... Addition`•! ._Alteration
...._.:
Repair............ Rmwal ............. Demolition ............ Other Work ...... . .........:::'t ,s;.......
(Description)-:
4. Estimated Cost..... ?� ........... fee ...........
: ..... S�
(to be paid on filing this application)
5. If ckxll i
nhg, number of dwelling limits ............ timber of dwelling units on each floor
If garage, number of cars ......................................
6.. If business, commercial or nixed occupancy, specify nature. and extent of each type of use........ ...............
7. Dimensions of existing structures, if any: Front.. ✓ .... Rear...
.Depth .................
Height ..... ...:. :...... timber of Stories .....C1.Ji!.�.........
Dimensions of same structure with alteratiops or additions: Front Rear �/Q .....
Depth ...`�..R..�._:r.6i.�.. }Leight ....'.-�% ..'#-,Q�.�._ Nmber of Stories ..2............
8. Dimensions of entire new construction: Front . l- c..G ...... Rear Depth .....
Height .,-Z`/ .. 71 _......... timber of Stories .... .............
9. Size of lot: Front. 7.6.. .%......... Rear ...7. eJ . . / ........ Depth �.�.�.�.,2:�.. C:.....
10. Date of Purchase ..................... Hame,of Former Owner R.TE/�.Lnc ..�i✓Lf r.���fL-f S
11. Zone or use district in which premises are situated..............................................................
12. Does. proposed construction violate any. zoning law, ordinance or regulation:: ... 11.O --ft.-............
13. Will lot be regraded ...Al .Q...._....... Will excess fill be removed from premises: YES �t
14. Names of Owner of premises Ccs 5�p Address ..Q5. ....... Phare Ho. ..
Name of. Architect.... Address ..- --.. HxW No. -1z7 rl.%5 ..
Name of Contractor .. .............a................ Address ............................... No. .......
........... .......
15. Is this property within 300 feet of a tidal wetland? * YES .2'-1 ..... No ...,.......
*IF YES, SWMD 20[,31 T131S1FLS PERMIT MAY BE RE¢l1RED.
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions
from property lines. Give street and block amber or description according to deed; and show street names and indicJte
whether interior or comer lot. I-_._
C / F fd "'X
ir New S4 /�
1/L
Sl'K.D? 0P NW YORK,
SS
awly OF .......................
..........................................................being, duly sworn, deposes and says: that he is the applicant
( of individual signing contract)
aliove , �/ �) Al
I isLbe `. .. <°.-# .rl.'.t7•. _..........'/-.`.,o��................................
(Codtractor�agent, corporate officer, etc`) U
of said owner or owners,and isrduly authorized to perform or have performed the.., said cork aW to make, and tile.thi.a
application; that all atate ants contained in this application are true to the best of his knowledge and belief; and
that the work will be performed in the manner set forth in the application filed therewith.
Sworn to before mg this nS
...... 1.1�........day of . LY. •
j
,('n/ i f
Notary Public ... '... ....... �•.. '..•...... '
PSLENE 0. MRNE
Notary Public, State of New York t Lure o Appl is t
No.4951364
Qualified in Suffolk County <>O
Commission Expires May 22, 19
YV
Hi�'�ig :,j'i liA' F�<+w�'EA /.,,, `�,.,✓ �� 2z�$'
i 5 1,9 "
town Cleric Suuihold
TOWN OF SOUTNOLD, NEW YORK
APPEAL FROM DECISION OF .BUILDING INSPECTOR APPEAL NO.
DATE..............................
(i s ZONING BOARD
RD OF APPEALS, 70 OF AOU71IOLb, N. Y. (30
Q (We) ....Q. ..e�..<dl.e.:. G mss, of .. Gce.1�tZ, la P.? ...4Ll..%.4........
orne of Appellant Street and Number
i ....... ......I FIEREBY APPEAL TO b l
Municipality
tato
THE ZONING BOARD OF APPEALS FROM Ti IE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ............................... DATED ....11.,/,e( ..LA.��'7...
WHEREBY THE BUILDING INSPECTOR DENIED YO
.� ...-
Name of Applicant for permit
of Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTYry�O C
Street /i ai4M1t �' I' Use¢. `District' on Zoning Map
District 1000 Section Block Lot
........ .._....... ... Owner et
Mop No. Lot No. Prior Ow.nerf'
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub.
section and Paragraph of the Zoning Ordinance by number. Do not gyrote the Ordinance.)
Article,; / pt" Section r
3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box)
(^7 A VARIANCE to the Zoning Ordinance or Zoning Map
( ) 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 (hos) (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
(Al request for a vorionce
and was mode in Appeal No.................................Dated.............................n................................
REASON FOR APPEAL
( D A Variance to Section 280A Subsection 3
( A Variance to the Zoning Ordinance
Is requested for the reason that
conn ztn_ (Cnntinue on other side)
!S
REASONS FOR AREA; VARIANCE ONLY (to be completed by applicant):
Do not use these standards for "use'variande" or "special '
exception." (Also attach sheets if necessary, with signatures.)
QtAn undesirable change will NOT be produced in the character of
e neighborhood or a detriment to nearby properties, if granted
BECAUSE:—,, a'e'e'a La %,e,/v '?
2. The benefit sought, by theapplicant CANN4Fl be achieved.,blr some
thod, feasible for the applicant,to pursue, other than an area
variance BECAUSE:
�3u> �j
3. The amount of relief requested ails: not. substant' al BECAUSE
4. The variance will NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or istrict
BECAUSE tL'y /U"a CIA
N
5. Has the alleged difficulty been self-created?
( ) Yes.
( No.
6. This is the minimum that is necessary and ad.quate, 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
txtlkJ forat.•rarJtemt?
(Ap t ant)
Agentmust attach writtenent from owner.
s qday of L �, 19
—77 Notasv`Public
LINDA A KowALSIT
Notary Public, State of NewYork
Na 52.4524M
(jualified in Suffolk iorsty B
L'ommassion Expires Nov. 30,
*-v _ �c
jQ TOWN OF SOUTHOLD` , OPERTY RECORD CAR[
») A/ - V.2
OWNER
STREET % t ,
VILLAGE
DISTRICT
SUB:
LOT
i
FORMER OWNERC nanpustlpaufo9
�iJCh J S_
��s -
E
ACREAG
I ' �V'�
W
D
TYPE OF BUILDING
LDNG
„r
"'`' �
RES. y��
SEAS.
VL
FARM
COMM.
MIND.,
CB.
I MISC.
LAND
IMP.
TOTAL
DATE
REMARKS —
to
X241'
oa-n`fir'
_n
�-p1 _lz_�_84-L/v48
a8o melee stoTGro r10ga!�n zo
`': tx �a'V
.��d"[a
S
~u'V —..
J •z.�o
� �19o�_L ll�O�� �UBk-Th�DOlLLIQs.�.��.' �-+-��ac�s�O�u los
a YL v
3 s �o
tr
u
i.� j (r
r Lqq-L 11,4q'1,oqM-Ao0U/os ihevohilvs Nic
AGE
BUILDING
CONDITION
G� --
I�EW
NORMAL
BELOW
ABOVE
F m
Acre
Value Per
Acre
Value
Tillable 1_
Tillable 2
Tillable, 3
Woodland
— --—.--.�----
Swampland
Brushland
_---------
s
House lot'
Total
-
a
— 'rr7�e�a=.h;�'4`f'�,r r��l(l t \\�����✓A /— ��
M. Bldg.
Extension
Extension
Extension
z3 = z7�
�s31 3.z51 3 `
La,e
�/ --- -- -- /UG
13216.
Foundation
$asement
Floors
Ext. Walls>��
�� S �i �zlrierior Finish
1L�..--
Fire Place
Heat
A( c) — b i
Porch
Attic
Porch
Rooms 1st Floor
Patio _— —
Rooms 2nd Floor
Driveway
-.. ----
i
{MtA-Vgt'X'"$w
)POT U, 11
?9'4,,x..
�,
Lt'E M.M.W.M
M.
004 .y..-
Y
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
COUNTY OF SUFFOLK
2, 1999
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)
Lang, John and Deobrah
4673
Palumbo, Albert*
4676
Scare, Stephen
4677
Grumet, Marilyn
4688
Theophilos, Celeste*
4691
Price, William H.
4695
Zuboski, Michael (and L. Saunders)
4700
*With the understanding that premises will be developed consistent with appropriate
mitigation measures, particularly as set forth by the Zoning Board of Appeals.
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN,cc
C:\111 CC\ZONING\ZONING\WORKING\LDS\JUN\SD4673.JUN
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR ® P. O. BOX 6 100 i (5 1 6) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044
BOARD OF APPEALS
TOWN OF SOUTHOLD
(1-516) 765-1809 tel.
(1-516) 765-9064 fax
r
Pursuant to Article XIV of the Suffolk County Administrative Code, The
Board of Appeals of the Town of Southold, New York, hereby refers. the following
to the Suffolk County Planning Cannission:
X Variance from the Zoning Code, Article X XII I Section 2 3 9.4. A (1)
Variance from Determination of Southold Town Building Inspector
Special Exception, Article Section
Special Permit
Appeal No: 4691 Applicant: Celeste Theophilos
Location of Affected Land: 20365 Soundview Avenue, Southold, N.Y.
County Tax Map Item No.: 1000- 51-4-9
Within 500 feet of:
Town or Village Boundary Line
_X Body of Water (Bay, Sound or Estuary) Long Island Sound
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 2nd story addition w.
balcony & "as built" deck.'Bluff setback.
Copies of Town file and related ocuments enc used for your review.
Bated: -6 /- 4-:6r-/ 1999
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
Mr. Joseph Diaz
48 Wilmarth Avenue
Greenport, NY 11944
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 24, 1999
Re: Appl. No. 4691 - Theophilos Variance Application
Dear Mr. Diaz:
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 May 20, 1999 meeting.
Please be sure to follow-up with the Building Department regarding the
next step for issuance of a building permit -and any other agency approvals that
may be necessary before commencing construction activities. A copy of this
determination has been furnished to the Building Department as a procedural
update (and placement in the building permit application file).
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to:
Building Department
Mrs. Celeste Theophilos
23-22 30th Road
Astoria, NY 11102
SOIL AND WATER
CONSERVATION DISTRICT
FAX:(516)727-3160
Gerard P. Goehringer, Chairman
Town of Southold Board of Appeals
P.O. Box 1179, 53905 Main Road
Southold, NY 11971
April 30, 1999
Dear Mr. Goehringer:
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
Thomas J. McMahon
p-� DISTRICT MANAGER
(516) 727-2315
V
MAY
We have made a site inspection at the home of Mrs. Celeste Theophilos, at 20365 Sound View Avenue
in Southold, your file number 4691.
The present status of the property shows that the house is currently being refurbished. There are no
gutters and down leaders on the house due to the stage of building at this point. Dry well entry points do
exist around the house, these should be reconnected when construction is done. The rear lawn area is
flat to gently sloping away from the bluff area. It will need to be reseeded after construction is
completed. Heavy vegetation exists along the upper half of the bluff face, including briars, weeds,
shrubs, and grasses. Along the lower half, the bluff face has a good stand of Beachgrass. One spot had
some sloughing due to recent heavy rains, according to Mr. Diaz. This will need to be replanted at the
proper time of the year. Toe stabilization along the toe of the bluff exists in the form of an old concrete
sea wall which appears to be in good repair. All surrounding properties also have hardening structures
protecting the toe of the slope. Recommendations for maintenance for the structures may be gotten from
Jay Tanski at New York Sea Grant Extension Service, phone 632-8730. Normal high tide appears to be
within several feet to the sea wall. The beach is somewhat steep and mostly gravel sized rock.
The addition of the balcony type deck won't have any additional effect on the bluff. Adding several feet
to the ground level deck also won't add any impact to the bluff face due to the grade being away from
the bluff, and so long as the grade isn't changed. It is important that the lawn area be repaired and the
down spouts be replaced into the dry well access points when construction is complete.
RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901
6
-2-
If you have any further questions, please contact us again.
Sincerely,
Paul A. TeNyenhuis
P.S. - The house address was not included in the material you sent our office. Please make sure
it is included in future site reviews, it makes it much easier to find the house.
APPEALS BOARD MEMBER;
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
April 26, 1999
Suffolk County Soil & Water
Conservation District
County Center - 2nd Fl. Room N-210
Riverhead, NY 11901-2100
Re: Our File No. 4691 - C. Theophilos Deck (Former Porch Area)
Gentlemen:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
We have an application in which a 5.8 ft. balcony extension is proposed over an
existing deck, which deck was built without a permit. A smaller porch area existed for many
years according to the builder -agent, Mr. Diaz. The proposed balcony extension is landward
of the north edge of the existing deck. Copies of the sketch and survey furnished to us is
enclosed for your use.
May I have your recommendations in this evaluation and variance process? Thank
you for your assistance now and in the past.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosures
cc: Mr. Joseph Diaz (for Mrs. Theophilos, owner)
-az YA "jn V 1
U-4
Iib 11 lN
1�Pi
6t�t Ao(�
P -A-00? "A�AOZ
66619 WV
X3130
I 601,slt, f\INV,4vvw -kL,,V
Fs,.Gl 66
;EIIIZAB ETH -H A. NIEVILLE
TOWN CLEIRK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
r-
OIFIFEC E ®Ila THE TOWN CLERK
TOWN OF SOUTHO]LD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: April 5, 1999
RE: Zoning Appeal No. 4691 - Celeste Theophilos
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 4691 -
Celeste Theophilos. Also included are Notice Of Disapproval, Application
For Building Permit, Applicant Transactional Disclosure Form, Z.B.A.
Questionnaire, copy of Property Map, copy of Survey and copy of Plans.
oUESTIONNAIRE
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®
(SepiMate shee may be attached.)
B. Is the subject premises listed on the real estate market for
-.sale or being shown to prospective buyers? { } Yes
{ No® (If Yes, please attach copy of "conditions" of sale.)
C. Are there any proposals to change or alter land contours?
{ } Yes {Z NO
D. 1. Are there any areas which contain wetland grasses?
2. Are the wetland areas shown on'the map submitted with
U31s application?
3. Is the property bulkheaded between the wetlands area and
the upland building area? '
4. If your proper�I cont w tlands or pond areas, have
you contacted the office of the Town Trus tees for its
determination of jurisdiction?
E. is there a depressioa or slopingelevation near the
area of
.- _ feet above mean sea
Rroposed construc�ion at or
,/- .
(if not applicable,
barriers,F. Are there any patios, concrete bulkheadsfenceswhich exist _.. are not shown on the
submitting? survey map that you are
- -
te 11none.12
G. Do you have any construction taking place at thi time
concerning your premises?,,
if yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land *
close to this
_ „ . - or submit
parcel? V6' If yes, please expl
of deeds.
1. Please list prey-
fir� -..
. __ -
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
-biR2 T
YOUR NAME-. eppo _
(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 a/
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
Submitted t, is day of 1 9 7
Signature
Print am
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
i
THURSDAY, MAY 20, 1999 at the time noted below (or as soon thereafter as possible):
7:35 p.m. Appl. No. 4691 - CELESTE THEOPHILOS. This is a request for a Variance
under Article XXIII., Section 100-239.4A(1), based upon the April 1, 1999 Notice of Disapproval,
for a permit to construct second -story addition with 4 ft. balcony and "as built" first floor
deck (most of existing deck replaced a former porch), all located within 100 feet from the
top of the L.I. Sound bluff at 20365 Soundview Avenue, Southold, NY; 1000-51-4-9.
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.rn,.). If you have questions,
please do not hesitate to call (516) 765-1809. j
Dated: May 3, 1999. BY ORDER OF THESOUTHOLID OWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
----------------------------------------x
Irt the Matter of the Application of
C-P-L-esOe,����0� �l6�eg
(Names of Applicants)
Parcel ID #1000-/ ---
----- -- — -- —x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
M
AFFIDAVIT
OF
MAILINGS
residing at 418 ('A74z-7A'1-4,.e 0
, New York, being duly sworn, depose and say that:
On the % day of4 ,19, I personally mailed at the United
States Post Office in 6S -e a , New York, by CERTIFIED MAIL,
RETURN RECEIPT REQ ESTED, a true copy of the attached Legal Notice in
prepaid envelopes addressed to current owners shown on a current assessment
roll verified from the official records on file with the Assessors, or ( ) County
Real Property Office , for every property which
abuts and is across a public or private street, or vehicular right-of-way of record,
surrounding the applicant's property.
(signature)
Sworn to before me this 99
day of , 192
(Notary ublic)
PLEASE list, on the back of this Affidai�it or on a sheet of paper, the lot numbers next
to the owner names and addresses for which notices were mailed
Thank you.
•:?,- n. r_;^:r'. :: rte',-- :;,-..-r = - - _ _ _ _ ! '
.:
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
Southold, the .following application will be held for public hearing by the SdUTHOL D TOWN
6oAR�
'OF -APPEALS, at the Southold T��,t�t Hall, 53095 [Main Road, Southold, New York 11971, on
T kiiE €�AY,.MAY10;_1939 at the time_notea-below (or as soon thereafter as possible):
y 7:�5 -p.m. Appl. No. -,4 91 -' CELES I E THEOPHILOS. This is a request for 'a Variance
under Article XXIII, -Section 100-239.4A(i), 'based` upon the April 1, 1999 Notice •of' Disapproval,
fora permit to construct second -stogy addii®n with 4 ft. balcony a�td "as i�a�rtt" first floor
}
decd: (mom of exiStin3 deck replaced a former porch), all located wit -1411-1 100 feet from the
top aE tine L.I. Sound bluff at 20365 Soundview Avenue; :Southold, NY; 1000-51-4-9.
The Board of Aimeals will at said time and plat- hear any and all persons a-
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,
pl4ac r)`7A5 :h? 'itatF t1J rwl! ( 1 F,1.7A5=131nQ
11 1
D6ted`;.May..3., 1999." :: Y .ORDER,QF THE.S.QUTHQ_ LD`O�NN
APPEALS,'7.
.'
1GERARD P. GOEHRINGER
CHAIRMAN
Linda Kowalski
i
NYSRPS ASSESSMENT INQUIR DATE 5/18/99
4738$9 SOUTHOLD SCHOOL SOUTHOLD SCHOO ROLL SEC TAXABLE
PRCLS 140 TRUCK CROPS TOTAL RES SITE
51.-3-4.3 TOTAL COM SITE
19110 SOUNDVIEW AVE ACCT NO 08
A�I,IZL� 2- INFO ===I=MISC �________ ______ ASSESSMENT DATA
ICKI WALTER/Ilf5• IRS -SS I **CURRENT** RES PERCENT
5535 OLD NORTH ROAD I1 BLAND 6,500 **TAXABLE**
SOUTHOLD NY 11971 BANK NOTAL 7,600 COUNTY 1,400
**PRIOR** TOWN 1,400
BLAND 6,500 SCHOOL 1,400
NOTAL 7,600
==DIMENSIONSINFORMATION
ACRES 26.00 IBOOK 10094 SALE DATE 00/00/00
PAGE 00365 PR OWNER
=======TOTAL EXEMPTIONS 1_____________�_= TOTAL SPECIAL DISTRICTS 4
CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE
41720 6,200 91 IFDO28
IPK070
IWWO20
ISW011
F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC
75.10- 03-017 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU
CA
d
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLMNEW YORK
----------------------- . -----------x
In the Matter of the Application of
AFFIDAVIT
/i S OF
(Name of Applicant) POSTING
Regarding Posting of Sign upon
Applicant's Land Identified as
1000=------------__--
-x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, Z --a • D ®A residing at VS Ge% L" .4
4
New York, being duly sworn, depose and say that:
A� ,19, I personally placed the Town's
On the 49 day of
official Poster, with the date of hearing and nature of my application, in a secure
position upon my property, located ten (10) feet or closer from the street or right-of-
way - facing the street or facing each street or right-of-way abutting this property;*
and that
I hereby confirm that the Poster has remained in place for seven days prior
to the dat of the subject hearing date, which ring date was shown to
(Signature)
Sworn to before me this
`46� day of. /y4- (,19 % 9-
*near the entrance or driveway entrance of my property, as the area most visible to
passersby.
OFFICE OF
ZONING BOARD OFAPPEALS
53095 Main Road
Southold, NY 11971
(516) 765-1809 fax 765-9064
May 3, 1999
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,
ZBA Office
Enclosures
•� 14[�l ��l �:I a�1:
U
2
i
FOR BOARD AND STAFF USE
New Information
5tu� - -
a7Yi tQ?A