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4795
APPEALS BOARD MEMBERS �, sOF ` Southold Town Hall Gerd P. Goehringer, Chairman • ' G'y<• 53095 Main Road James Dinizio, Jr. y - P.O. Box 1179 Lydia A. Tortorat Southold, New York 11971 Lora S. Collins 064 George Horning ` yepl i ,1 Tellephone (516) 765-1809 ZBA Fax (516) ogi BOARD OF APPE s gZECEIVED AND FILED E TOWN OF SOUTHO i D THE SOUTHOLD TOWN CLL:__ FINDINGS, DELIBERATIONS AND D: : : 4114 IONLila l!ooj. •; ti Lia MEETING OF APRIL 19, 2 100 �• (/C7 '/ Appl. No. 4795 - CHARLES BRIENZA 1000-15-9-1.5 Location of Property: 1240 Latham Lane, Orient Town Clerk, Town of Southold Date of Public Hearing: April 6, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 41,346 sq. ft. waterfront parcel located on the Long Island Sound. The lot has 135 ft. frontage along the north side of Latham Lane and lot depth along the east/southeast side of 193.38 ft. The property is unimproved and a rock wall exists at the northeast corner (along the stone beach) as shown on the February 10, 2000 site plan prepared by Fairweather-Brown Design Associates. BASIS OF APPEAL - Building Inspector's Notice of Disapproval dated January 20, 2000, denying an application for a permit to build a dwelling because it will be setback less than 100 feet of the bluff (rock wall) as required by Code Section 100-239.4A(1). RELIEF REQUESTED: Applicant requests a variance authorizing a dwelling with deck areas in a location 102 feet from the mean high water line and 60+-feet from the bank (near rock wall). REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties because building envelope as proposed is in keeping with the neighboring home locations in reference to the distance from the mean highwater line as approved by the Town Trustees. (2) The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than a variance because compliance with the code would render the lot unbuildable and moving the envelope would require further variances. (3) The amount of relief requested is not substantial. (4) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. 'Page 2 - April 19, 2000 ZBA Appl. No. 4795 - C. Brienza `"Re: 1000-15-9-1.5 RESOLUTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance requested. VOTE OF THE BOARD: AYES: Members Goehringer anr•inizio, and T.• .ra. (Members Horning and Collins were absent.) T .. -esolution -s d ..o. • — -GERARD P. GOEHRI ER CHAIRMAN 4/20/00 ' 2l� .- efl-i' e-) t 1) © IE OW 1 NOTICE OF MAR 2 4 PUBLIC HEARINGS IMO SOUTHOLD TOWN BOARD OF APPEALS STATE OF NEW YORK) THURSDAY,APRIL 0,l )SS NOTICE HEREBY'ate' COUNTY OFSUF,F,O� pursuant to Section 267 of the Town (�� Law and Chapter 100(Zoning),Code jQa/\ ( Il IS of Mattituck, in said of thebwn of Southolhthe follow- ing ollo -ing applicationiwill be Held for pub- county, being duly sworn, says that he/she is tic hearings by the SOUTHOLD Principal clerk of THE SUFFOLK TIMES, a weekly I TOWN BOARD OF,APPEALS at the Town Hall, 53045 Main Road, newspaper, published at Mattituck, in the Town of Southold -New York 14971, on Southold, County of Suffolk and State of New York, THURSDAY,APRIL,i,2000 at the tunes noted below. - `- and that the Notice of which the annexed is a printed 615pm Appl No 4798--JOHN copy, has been regularly publi hed in said Newspaper and LINDA KOWAISKI This is a once each week for Wee SUCCAS- request-for a Special option to ,r ^ estabhsh Accessory -Bed and sof I@� 1 ng on the �t day Breakfast use in,conjunction with 20 l l() owners'residence provided Articlelele III, Sectionn 100-30BB(14)4) of of Ilk U)J11/411-K-4,1 the Zoning Code Location of 4 1 r Property :930 tole Jule Lane, incipal Clerk I Mattituck, NY, County Tax Map • Parcel 1000-1-14-12-13'7--- - 6 20 p m Appl- No 4793 — 1 THOMAS TAYLOR Thu'u a Sworn to before me this (93 pp mon I request for-Variances under Article day of A Ir trc ` 20 00 "XIV,Section 10Q-244B and Article Ill-A,Section-100-30A 4,based upon t s Fe Q. STMAT WEBER 'the Building_ d New Yolk 7.2000 Notice offDisaappproval P y building permit application to locate Wald Int3451Couty(a) a proposedaddition to-dwelhng+ Dios)et�D 13,f� °° 1 rwith reduction in the existing � \ 'nonconforming side`yards,and(b)to= NvMti T. W 1 to ate northerly portion of garage ,partly,in a side yard Location of :Property. 2755 Westphalia Road, ,Mattituck, NY, County Taxp r ',Parcel21000-114-10-20,plBudding t s Mardi 2,2000 100-30A(13) and Article T I, 625 p C AJOSEPHINE 4780 Notice-of l and an apph- -Section 100-239(A)(2), based upon LAWRENCE' and_ �'a � 2 PEARLSIEIN Continuation from I cabortfor a building permit to locate the Bwldt-ng Departmbnt's °two 11 march Z2000 u �fora i a proposed pool at less-than 100 feet Notices of_,Disapproval dated t of stied location at 2225 North Sea from the lop-(orcrest)oofthe-bluff at - January-24;2000 and an application I Drive,Southold,1000-54-4-23) 160 The Strand, Pebble Beach Lot -'for a building permit to locate a pro- 6,35 pm No 4802 — RQRERT No 137, East MartotrNY..Parcel 'posed deck addition to dwelling and ANDREA MOHR. This is.a 1000-21-5-7 f which will exceed the 210%kit cover- request for a Variance-wider Article 6 N p m Appl No 4795 -- - age limitation of the Code and locat- 1, III,Section 106-31A and 100-31C(1) "CHARLES-BRIENZA4'Thia'is it 'ed'at lest Than 100 feet Thorn the tpp ` based upon ' "the 2- Building : fegtl est for l nahce Article of,the bluff'of-bank,off the Long ]tndea[ Department's Febttiary 29 2000L 5 )15011,Section f00-2-19 4-_AW,-- ea bd Islalra-Sound'Location of Notice of,Disapproval and an ap_ upon-the,,Buildi g.'Department'>a 55585 Countty-Road 48 a -plicat on orh`bnildu1g pernut tame, diary 20. 2000- Notice ,of Rbad),Oreettport,'FCounty''nix Map struct a stora_ge'building.related to IDisappr l and au appllcatiln fora i, Parcel No,10Q0-44-1-13 apphc5nt-owners' proposed_agncul- budding permit to locate a new sin- - 7.05 pm'-Ajipl No'4800—JEF- 1, turaliuse St the property Location of gle-famdf dwelling at less than lop FREYGRiREEN'Thisas artequest for Propeftr' 630 Wabbsso Street, 1 feerfroin the bank (Of bluff of-the = a Variance—under Article loam, Southold,-.NY, l No 1000-78-3` Long island_Svdnd Location of Section 1004239 41k-based upon the 64' �p `f'd ' ` 1 End, alsq )cno n as-1240 Latham a-Nottcegf psapprovthe'map of Lands Btulding- al-agd-attaPpli- ' March 2,2060 Re6identp i Lane,Onent,County,lI ep Parcel- -ration for a-building petatrt to locate b 40 p m,, lE,ppl, N4 �Ol y { 1000-15-9- .� - -.- ti, deck"4,ks,lhan 75 feet ko_n 'the NANCY WEe un This tics 6.55 f No 4710--JOHN 1 existing bulkhead at 480 foF a variance undb'r Attack XXIII� � '� Seetion 11 1-219;4A,basedtrpon,lth r'LIfOS Thus ,a segues* fora _-,1 ,,�. 8,�eg1 , ag t - Varteucb ifider Arbele IIIA;Seet�at r / LLE GALS.•. 740 pm Appl No 4799 - E previous page ASR CADDIS Applicant re- ' under Article. Williamsburg Drive, Southold, NY, quests �XIII, Section w 100-239 4B and Parcel No 1000-78-5-10 Article X}CIV, Section 100-242A, 7 15 p m _Appl No 4794 — based upon the Building Inspector% MARK LAMPL This is a request for February 29 ,2000 Notice of 'X XIII,Variance under Article XIII, ' , Disapproval and n application for a Section 100 239 4A(1) based upon building permit,to locate proposed the Building Department's January i dwelling addition The proposed 25,2000 Notice of\Disapproval and i addition willbe less than 75'feet from an application for a building-permit the bulkheadand will'haveside yards to locate a proposed swfrnming pool at less titan the existing.,14'9" non- at less than the existing 66±ft,non- conformity Lotatiop of Property. conformmg setback from the bluff of 7020 Great Peconic Bay Boulevard, the Long Island Sound (Section 100- Laurel,NY,County Thx Map Parcel 239 4A of the Zoning Code provides No 1000-126-11-6 for a minimum setback landward of 7 50 p m App) N6 4796—RON existing principal dwelling,'or a mm- and SUSAN MELAMUD This is a imiun of 100 feet from the top of the request for a Variance under Article bluff)Location of Property Lot 127 III,Section-100-33, based upon the on the Map of Pebble Beach, also Budding Department's February'l 1, known as 910 The Strand Way,East 2000 Notice Of Disapproval and an Marion,NY,County Tax Map Parcel ,application-fpr a blitldutg permit to 1000-30-2-8t , locate an accessory in-ground,swun- JAMES MESKOOUURI IS&ore This is 3 thanthepool required deck in yard ar ea other ion a request for Relief from Condition ' �86 Lok tion No 2 of Appl No 3951 and Appl No 25) tat 8603 Minh Road MR 3957 to allow a proposed roof with I .Parcel i000-f7 5.5yH ropy structure over existing deck 8 00,ii m t Appl -No' 4799--, The prior Conditions relating-to the , l RIT lIANt N BRAMSON This is existing de& were based on Variances_under Article XXIII, request for a Variance under Article Section 100-239 4A(]) and A XXIII,Section 100-239 4B,based-on XXIV,Section 100-244,fora reduced `the Building Department's February setback from the top of the sound 29,2000 Notice of Disapproval and bluff and for lot coverage exceeding _an application for a building permit 20% The Building Department's to locate a proposed addition to Notice'bf Disapproval dated January existing dwelling The proposed adfli- , 25,2000„as amended March-$ 2000 hon will be less than 75 feet from the for 1300 Sound Beach Drive, bulkhead Location of Property Mattituck,NY,Parce11000-106-1-39 12402 Main Road,East Marion,NY, 730 p m Appl No 48117 -- P 1000-3144-4.5 CHRIS MESKOURIS3&cors This,is { The Board of Appeals will at the a request for Relief from Condition above time and place hear all persons No 2 of Appl No.3951 and Appl-No or their representative desiring to be 3957 to,allow a proposed roof with heard or to thehet written state ropy structure over existing deck- ed) (before hearing is start eaid- The prior Conditions relating to the ed) Each bearing will not eadi-� existing deck were based on er than designated.V&A are available r1 Variances under Article XXIII, for review during regular Town Hall, Section 400-239 4A(1) and Article business hours(8-4 Q m)- - XXIV,Section d00-244,for a reduced Dated March 13„2000 setback from the top of the sound By Order of the bluff and for lot coverage exceeding SUd t old.To is 20% The Building Departn{ent's Board of Appeals Notice of Disappr6val,dated January 5309,5 Main Road 25 2000'regarding Property at 1350 Southold,NY 11971-0959 , Sound Beach,Drive Mattituck,NY; ' (631)765-1809 ,Parcel No 1000-1064.36 1290-1TM23 itu , 8 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date: January 20, 2000 To: Charles & Barbara Brienza 1240 Latham Lane Orient,New York 11957 PLEASE TAKE NOTICE that your application dated December 6. 1999 For permit to Construct a new single family dwelling at Location of Property 1240 Latham Lane Orient, New York 11957 House No. Street Hamlet County Tax Map No. District 1000 - Section 15 - Block 09 Lot 1:5 Is returned herewith and disapproved on the following grounds: Under Article XXIII.Section 100-239.4'.A(1). All buildings located on lots adjacent I to sounds and upon which there exists a bluff of bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank. The proposed single family dwelling is approximately sixty(60') feet from the top of the existing bluff 41" iiilf"/ Ilk 4 0/ gedisS James.A. Rich"er, '.A. Building Department 9. Nature or work kd pAigi ppc )A&41- Naw Building Are Additi( Alteration Repair ......... Reaova"lm Derolition other work '' 0. .�s ; 5 1 ':i; (Description) 4. Estimated Cost .4 O6.00 fee (to be paid on filing this application) 5. if dwelling, timber of dwelling units Sieber of dwelling units on each floor 02-4 Ifgarage,. rurber of cars 6. If business, cxuuercial or mixed occupancy, specify nature and extent of each type of use 7.. Dimensions of existing structures, if any: Front................. Rear - Depth ..-.-- De ight �Deight Sieber of Stories Dimensions of same structure with alterations or additions: Front Rear. Depth Height Skeirer of Storiesif p Y�.j... ... 8. Dimensions of: entire newconstruction: Front /��' Rear ...JJ 7. De th is Height. �'�` Leber of Stories I 9. Size of lot: Front ./$5;° i Rear dhu' .7 Depth ..: 1 s,lr� cu' 10. Date of Purchase '91 -441.7 .. Nam of Fonier pCWner .. I. Zone or use district in which premises are situated .? denZlcaQ 12. Does proposed construction.vi /16�olate,any zoning law, ordinance or regulation: 13. Will lot be regraded �' Will excess fill be removed from premises: YES I �5 q • 14. , Nares of Owner of premises .0f21eo,AA.�-.— Address h eed/ichans/s L�. �/ l No.6,71-:..1.9. Name of Architect o1e4'f �ea)n Address /o. ofrie5y! treen � more No./-1.27::€12 Nate of Contractor Address Phone No• 15. Is this property within 300 feet of a tidal wetland? *YES 7 N0 *IF YES, SQlfflD flfl TROSIFLS.PERCY MAY BE IdXJlI4D.. J.em20 ,,,c 4/4 ) L/u/i3 A/(Tic A.l t877 WEA: PLOT DIAGRAM locate clearly and distinctly all buildings, wether existing or proposed, and indicate all set-back dimensions Iran property lines. Give street and block ruder or description according to deed, and show street names and indicate whether interior or corner lot: • Srn'!T OF N3JCT SS CORM OF .. /�'n r X. /12/9R'riA/ beingdulysworn, dePoses aril tJ/ po saysChay''"c is the applicant (Name of individual signing contract) above/ named, f 'is Che ........... ..., (Conti for ages 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 slaterents contained in this application are true to the best of his knowledge and belief; and that the work will he performed in the manner set forth in the application filed therewith. Sworn to before me this -l/A.-ed day of L21.Y.144:?.c19 f`y f Alt , Notary Public .. Xs :,� ` /, na�4� igof Applicant) Notary Publ c State of New York No.4822563,Suffolk County Term Expires December 31,1&J�%cz —.r � • �JJ` BOARD •./ man • • FORM NTj(1 i `� i }' S j LAMS TOWN OF SOU $b SUY , l BUILDING DTPA NT_-�—.--�HEC_K tii /f TOWN TOWN HALL SEPTTC`-FORM SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL 1/7 7- 975:4—) Examined , 19.... MAIL TO• Approved 19.... Permit No. Disapproved a/c 56TOAGt To 109 at $GUFF (Building Inspector) -9 1999 APPLICATION FOR BUILDING PERMIT �9 Date 16:2-A19!/. INSTRUCTIONS a. This application mast be•rngiletely filled in by typewriter or in ink and submitted to the Building Inspector a 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan sharing location of lot and of buildings on premises, relationship to adjoining prenises or public. streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be camenced 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. APPLICATIIN IS IFIOM MAIL+ to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk Cainty, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for remval or demolition, as herein described. The applicant agrees to canply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors On premises and in buildi ,_ for - - ,inspections. i. .;... :L • ..... (Signature•. % applicant, orr'�=•nate, if a corporation) (Mailing address o licant) • State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build ss Name of oer of premises welf-icterrvrac /enza (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) • Builders License No. • ;Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done 0 441'Hhrm W �.U.Evr House Number Street Hamlet- County amletCo my Tax Map No. 1000 Section /'f Block 1'9 Lot is 6-- Subdivision Subdivision Filed Nap No. Lot (Name) 2. - State existing use and:occupancy•of premises and intended use and L. of sed construction: • a. Existing use and occupancy un IeV2i:;,' ' //(-fil /f b: Intended use and occupancy *-271e- le1''�ielenee-^ /8/06 '=L�d 1i . FEB ` Ji) rI `I 41007 • di fettling TOWN OF SOUTHOLD, NEW YORK• CC 2a ne APPEAL FROM DECISION OF BUILDING: INSPECTOR APPEAL NO. FEB DATE *ev town aelit I'O TI IE ZONJNC:r BOARD �F APPEALS TOWN Or SOUTI10lD, N. Y tJni y /7�tYRTi 02 ®7rp�2.TOWS! � � I, (We) . .. /�l.R �tl>ie�C. s P�?L .�' ;si f &&,B 42.9//v''C .. . . .... .. ....... Nome of Appellant Street and Number HEREBY APPEAL TO / Municipality Soto THE ZONING BOARD.OF APPEALS FROM TIME DECISION OF TILE BUILDING INSPPECIOR ON APPLICATION FOR PERMIT-PFO.' DATED c.SRv x49..[.. WHEREBY THE BUILDING/VINSPECTOR DENIED TO by )!L /t°,S_ ,'jtrCt_---OyItnza Acme of Applicant for permit of of I -� 049-77/13/17 a47OA/�ii1r A Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( 1/)' Pamirib 3(1//;7) 1. LOCATION OF THE PROPERTY /O//o /977.1/m . N� i2is/t%T�/�tSl/exghi . .... ........... Street /(amlet / use District' on Zoninj Mop District 1000 Section /581ockLot/,'Current Owner /ill/Z Mop No. •Lot No. Prior Owner 2. PROVISION (S) OP THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not dote the Ordinance.) Article )(tai Section l00 -°131, 9/A-.0re 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate, box) ( 'X A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 (. ) 4. PREVIOUS APPEAL A previous appeal (has (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 ( ) request for a variance - and was mode in Appeal No. Doted REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 (14"- A Variance to the Zoning Ordinance )OU//. SEC 270Al /00 -c 3 e i^6.) aw rob- is requested for the reason that (i /n`e- MeoPose-b. Si,N6'� ,trrn/Ly' wEzz 'o / /S ie-lie Q0)c/727d9 71E:4 64eea Ann -74„o —{ fl e ey/stn y atur-i", A-5-E Sce 4 7—cf✓-2J Fonn Ztli (Continue on other side) . REASONS FOR AREA VARIANCE ONLY (to be completed by aQplicant) : Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures. ) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than anarea • 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) r ) Agent m - attach written consent from owner. - kr a?eer0 Sworn to before me this /1 day of /a. LOMA F.KOWALSKI Notary Public,State-of New York C:5,24,9-76-Vfl /r/c/ —ix2/—( No.62-4624771 Notary Public - Qualified in Sack County Cornusion Expires rem 30,182W° vv*Iewww:vvvvvvvv wet txtlkiform.varemp 9 V i The premises consists of 41,376.64 square feet(0.95 acre)and is located on th Y ;, waterside at 1240 Latham Lane, Orient. The proposed Single Family Residence and Garage would constitute lot coverage of 8.1%. It is presently an undeveloped plot between two existing residences. The neighbor to the south has constructed a revetement at the"coastal erosion line"and it crosses onto the Brienza property+ 15 feet. The Brierwas had applied to bath the Trustees and to the DEC to continue the pre-existing revetement an additional ±40 feet in the area described by the Building Department as a"Bluff' The extension was approved by the Trustees (Letter marked C) and denied by the DEC. (Marked D) In their letter 1 "The excavation needed to install a revelment will unsteady approximately 1,000 square fee ft a beach that is not exhibiting the characteristics of erosion but is accreting at this time." Also enclosed please find the letter of non jurisdiction from the trustees dated 12/15/98 (marked B)with the original survey by Joseph Ingegno,dated 11/24/97 that was used for this application. (Marked A) On the Topographical survey(Exhibit A)(ignoring the footprint shown) it is clearly shown that the"Bluff'as mentioned in the Building Department denial of this application is + 35' long at the south end abutting the neighbor's revetement while the elevation at the"coastal erosion line" is between 8' and 9' with the beach being listed as elevation 5'. This"Bluff'is therefore no taller than 8' for±35' of the line and±3' taller than the beach for the remainder of the+220 Coastal Hazard Line. This CHL is+ 45' inland of the Mean High Water Mark at the "Bluff Line" widens to +70' from the MHWM at the gradual slope end. The revised application for this one family residence is±103' from the Mean High Water Mark. The Application to build on this properly at this Location is in keeping with the rest of the community and in particular with the immediate neighbors,and is to the best of our knowledge granting this variance will NOT have and adverse effect or impacton the physical or environmental conditions in the neighborhood i 0011M ir (OA Brienza ZBA Application Continued 1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties,if granted because: the building envelope as it is proposed is in keeping with the neighboring home locations in reference to the distance from Mean High Water Line,as approved by the Town Trustees and as advised and awaiting approval by the DEC. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area(setback)variance because: it is within the normal building envelope and moving the residence closer to the road would violate the front yard set back requirements, and compliance with the code as interpreted by the building department wool render the lot unbuildable. 3. The amount of relief requested is not substantial because: Placement is fairly well dictated by NEMA regulations and town set back requirements, and the elevation of the "bluff' is only' higher than the beach for a short distance at the Coastal Erosion Hazard Line. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood because: The proposed building envelope meets or exceeds all requirements of most agencies and those of the surrounding properties. The Rock Toe Wall was suggested by the DEC in lieu of the requested continuation of the Revetement as built by the neighbor to the south as it will have a much less harmful effect on the shoreline as they feel there is no evidence of erosion. 5. The alleged difficulty has not been self created as the owners could not anticipate that the rise in question would be considered a"bluff'. The proposed residence is not excessively large or high in profile, and falls below the allowable percentage of lot coverage. 6. This is the minimum that is necessary and adequate, and at the same time and protects poses no threat to the character of the neighborhood or health, safety and welfare of the community. 1 k •' vQ © - /r_ cy __� ;,- TOWN OF SOUTHOLD PROPERTY RECORD CARD A WNER STREET /940 VILLAGE DIST. ' SUB. LOT • 1. `. tIPS 4./`i /4i.1-C��. ✓1 e r... d ! PI <_. 4,2, a n ��/tC.t�,c.iK L ,7S C.,r•c,� -,. `✓1 4. 1 L. . ER OW��NyEIQ ✓r,5{' Ph{r((Qrlt4na N E ACR. I I� r1 0.8hrhit, l /er (eust °7( i / a1 ie sir r-9{0 v- i'{0v- g.)t A (=UT?a S W TYPE OF BUILDING ''.airs' 2' Dil ,cC Lac-2 # , SEAS. (VL. 3'/j FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS / , 4a °a t" 1 Y 2.1 �lJ I alp .. AJ a 9 ai T0 Ai-, I 873 6 j • ° o3 n / 73 /t 7179 So1-1 Goo C, BR0u • r, a No, M1L.LE L Ill (iC7d %fJCJ6) X1 /,9 21/? , 1 1_ lQ=3fC , 7 � (i1(nyr.:-ITrcF y !',•,. 2co 4760 / _ 03776 ,-7/ x)9- _ L1/71/( _ll - MIIle r 7aS* -644iger AIc- _Il19f9q- L. los //0o2/ - Mr//erfa 3ric/1a %2 ,r7* )4co O' ,4 . y//9/tl—L 11(16 /p // 11117401-- Sr?nzct Vz,. , nfm/q vc7o 1 J4 17oft/ 029 ' 93€) e 770 65944 ey�9 ft2 fe1n' /1 s d ble FRONTAGE ON WATER 6,,, „land FRONTAGE ON ROAD /70 =dowiand DEPTH 69ve 1,-4, ,e az 44 d - Plot BULKHEAD I - 1-1-1-1-... _1-.1-_1-1- NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 4, 2001 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard at a public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 4, 2001, at the time noted below (or as soon thereafter as possible): 7:35 p.m. Appl. No. 4895 — CHARLES BRIENZA. This is a request for a Variance under Article XXIV, Section 100-2446 based on the Building Department's October 26, 2000 Notice of Disapproval regarding building permit (#26678Z) for a portion of dwelling at less than 50 feet from the front property line. Location of Property: 1240 Latham Lane, Orient; Parcel 1000-15-9-1.5. The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the hearing is concluded). This 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 (631) 765-1809. Dated: December 15, 2000. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FORM NO. 3 H ii TOWN OF SOUTHOLD 11 I OCT 3 j 2000 BUILDING DEPARTMENT ��L I 1 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE; October 26, 2000 TO Amy Martin NC Brienza PO Box 521 Greenport NY 11944 Please take notice that your application dated April 4, 2000 For permit to construct one family dwelling (Peimit#26678Z) at Location of property 1240 Latham La. Orient County Tax Map No. 1000 - Section 15 Block 9 Lot 1.5 Subdivision Filed Map# Lot# Is returned herewith and disapproved on the following grounds proposed construction on lot, +1- 41,376 square feet not permitted pursuant to Article XXIV Section 100-244B which requires a minimum front yard setback of 50 (fifty) feet, second survey of construction indicates an encroachment of+/-4 feet into required front yard. Authorize@'Sl ature ) a_RD OF HEALTH .. FORM NO. I 3 SETS OF PLANS TOWN OF SOUTHOLD SURVEY BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM SOUTHOLD, N.Y. 11971 TEL: 765-1802 NOTIFY: CALL #77- �/9'257.1—) Examined_ /, �y/, , rt MAIL TO. ' . ., /, - Permit No. al1/27 lyi.. .,, •Laic 5V1eAGK TO TOP Ot SLVFF ��- rr ' - (Building : •- ••� --91999 APPLICATION FOR BUILDING PERMIT Date' 4 /6,/i2{ 19 . . �; � INSTRUCTIONS a. This application must'be completely filled in by typewriter or in ink and suhnitted to the Building Inspector m 3 sets of plans, accurate plot plan to scale. Fee according to schedule: b. Plot plan slowing 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 camenced 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 praxises available for inspection thraiicxit the work e. lb 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. APPLICATIOY IS REMY MALE 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, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildi for -.� • inspections. /11 / (Signature 4% applicant, or on, if a corporation) to, ( 5-01i rr (Mailing address o licant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build Ere i 4ti/K) Name of owner of premises 0--Aa-r/e5 ` eit-yd a, /eoz c._ (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builders License No: Plumbers License No. Electricians License lb. Other Trade's License lb. I. location of land onwhich proposed work will be done r,g,nn Alse D.e..EA/r House"Number Street p Hamlet Co my Tax Map No. 1000 . Section � Bink o / lot l•Subdivision Filed Map No. Lot (Name) 2. State existing use and wry ry of premises and intended use and occupancy ofIo °sed construction: a. Existing use and occupancy �n devtb e �(J//Ce�,c.t l b. Intended use and oto panty . i,nGf `L i 4,1 X es,denL°€_ 3. mature of work (check whit: ap-= cable): New Building Y Addis%-a Alteration Repair Removal .,. Demolition Other . rk ' (Description) 4. Estimated Cost ./70.4)i 0.4))i Dud fee (to be paid on filing this application) 5. If dwelling, rwber of dwelling units ...../....... timber of dwelling units on each floor If garage, nurber of cars 6. If business, ccmlercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures, if any: Front... .:: .: . ........ Rear ...:.. Depth ..- .c Height 4a Number of Stories Dimensions of sane structure with alterations or additions: Front Rear Depth Height Nastier of Stories ,!� 8. Dimensions of entire new construction: Front 11'T Rear ...�,T Depth .A/i Height ale Number of Stories P r � 9. Size of lot: Front .r��35;0 1 Rear vebe, 5 Depth ._ /. A ova- 10. Date of Purchase �,c 1 '98 7 Nate of Forner Omer II. Zone or use district in which praxises are situated ...e... .49112.1-( 12. Does proposed construction violate,any/(� zoning lar, ordinance or regulation: �o 13.. Will lot be rtgraded in; Will excess fill be removed from` premises: j y �j 14. Maes of Owner of praxises . iesero .r:............ Address 2's ,eek 4Jecds 'At' ft&No.y?7J o j9'� �obe+ ' flta n Address A ... ..... Naze of Architect �O. 52/.�✓e2n .Phone No.�7F.7?..1.�' Nateof Contractor Address Phone No. 15. Is this property within 300 feet of a tidal wetland? * YES / NJ *IF YES, SOIJINDID itM TRUSTEES PERMIT NAY BE REQUIRED. 4e/ice DF A"64 `/uie/SA/c r, ,94,Tificiiez PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions 1 frau property lines. Give street and block camber or description according to deed, and show street names and indicate whether interior orcorner lot. -- itYrrO9CiviLd> srAmE OF NW tN , MUM OF .‘' a-- Lj ss iyp Hiker/,ti/ being duly swum, deposes and says tha is the applicant (Nare of individual signing contract) above nat ed, ethe (Contr tor ager corporate officer, etc.) of said wrier or owners, and is duly authorized to perform or have performed the,said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before we this --7 it f't �p 1 `I day of 1ly�4 /YY- "C-}9 Q,'C /I� / Notary Public . X:4 r-. �- "' - , ' /� , '/ ignal of Applicant) LINDA J.COOPER Notary Public,State of New Tart No.4822563;Suffolk County Term Expires December 31,1-W- Lcc) 1 1 95' 15:41 031765 4 ZONiNGAPBE&SECARD FAGS 23 3f26t"5 5 " ' ...jr %?V 0 � signed No. 1 /' or Office Use Only: Fee$ TOWN OF SOUTHOLD,NEW TO APPEAL FROM DECISION OF,BUILDING INSPECTOR 24 Zopa DATE OF BUILDING INSPECTOR''S DECISION APPEALED: t I TO THE ZONING BOARD OF APPEALS. I(We).irr 7.4 'rl .- I l (Ap eitont) 4,6 of,9., -W 'k Wc©45 .. � l (fel ti 67/-0995- a, } ,.... .... HEREBY At�PEAI THE DECISION OFTflUlLD1NG }N PECTOR DATED °C Zrkr x ° WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED.A+. 2e0a••••FOR: ( ) Permit to Build ( ) Permit for Occupancy ( ) Permit to Ua ( ) Permit for As-Built Vice (Other. ...Ted-hoz-410t r T. Location of Property iA.�® a 77th `✓'�-IV&j �r Zone /- District 1000 Section.-.l. ;Blockh Lot(s) / S Current Owner,..3gl.�N.ZI.d'.,.. 2. Provision of the Zoning Ordinance Appealed. (indicate Article, Section, Subsection and paragraph of Zoning Ordnance by numbers Do not quote the law.) Article Section 100• ......,...Sub•Section 3. Dips pe of Appeal: Appeal,is made herewith for: (✓)A Variance to the Zoning Ordinance or Zoning Map ( )A Variance due to lack of access as required by New York Town Law Chap.42,Cons. Laws Art. 16,Section 280-A ( }interpretation of Article Section 100- ( ) Reversal or Other 4. Previous Appeal. A previous appeal(has not) been made with respect to this property or with respect to this decision o e Building inspector(Appeal#...... Year ' . m ' REASON)FOR APPEAL(Additional sheets may be used with applicant's slanaturel: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: Y .tea✓ (2) Thebenefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance, because: a -e. ..r.-aJ./.*-/-cf-ev e, ed_et n- a'i -f- i 13 j aK vice i5r a ,rictr..„,,, ; `c-Le_hz . (3) The amount of relief requested is not substantial because .....-c D-aJ f- e.- r rzvv r. act ?f,-e i-e.€-j .. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district because: (7:2,-;-3,.. x ye-ea` ..e.1e-iJ (5) Has thealleged difficulty been self-created? ( )Yes, or ( No. - '°' (eite. .-d_., %s r Geer 4-1 ,ix / tti <; vx- .A2u-W-e,7 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. ( )Check this box it USE VARIANCE STANDA are co d -nd attached. / / Swarto before me this `-"(Signatur of Appellant or Authorized Agent) .50 day of ,...Q PZ.. ....., 20 (Agent ust submit Authorization from Owner) /iri 4 (Lt/a- L Notary r talc ZEA App 06/00 — iri©&OVie I-kil i 8 an 0 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. , NOTICE OF DISAPPROVAL Date January 20, 2000 To• Charles &Barbara Bnenza 1240 Latham Lane Orient,New York 11957 PLEASE TAKE NOTICE that your application dated December 6, 1999 For permit to Construct a new single family dwelling at Location of Property HW12o N. Latbsam Lane Oft. New York 11957 County Tax Map No District 1000 - Section 15 - Block 09 - Lot 1 5 Is returned herewith and disapproved on the following grounds Under Article XXIII, Section 100-239 4 A (1), All buildings located on lots adjacent to sounds and upon which there exists a bluff of bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank The proposed single family dwelling is approximately sixty (60') feet from the top of the existing bluff L ,/ . I' fes . antes • . ' ci -er, -1 • Building Department 3 Nature of work Ui eck�w�lhic h`app ble): New Building V Additi itlteration . .. . Repair ..... ... . Rauvval Demolition .... ....... Other wan( ... .. ..... .�.... ... r i (Description) .. 4 Estmmated Cost .6Y.Q4OO fee (to be paid on filing this application) 5 If dwelling, number of dwelling units / Number of duelling units on each floor .. ... . . .. If garage, cumber of cars 6. If business, ccumercial or mixed occupancy, specify nature and extent of each type of use 7 Dimensions of existing structures, if any: Front....... .. ..... Rear ...... Depth ....... Height limber of Stories Dimensions of same structure with alterations or additions: Front Rear Depth ... .. Height Number of Stories 'L / .. JT .!4 1 8. Dhuiensions of entire new construction: Front ....U/4 Rear . I Depth dr) ,, ...dHeight ' Number of Stones 9. Size of lot: Front ........ Rear '34'171/' 5 Depth .. �..gt.IM`r-t' 10. Date of Purchase . q �� "Al Name of Former . F��7 Opw�n�er� ., I I. Zone or use district in which premises are situated .t� 10 ,,/ 12 Does proposed construction viyl'ate,any zoning law, ordinance or regulation: f'� 13 Will lot be regraded ./m" Will excess fill be removed from premises: YES • 14. Names of Owner of premises .L1/elc!i r Address Zo 41"ei t4onds 2. 61 .]�No.‘l - (21.�9�5 Name of Architect .fb �on Address le'. 0°1 57/ CJ/Ge4 Phone No./7!2?.9' % Name of Contractor Address ` jl' Ilione No• 15 Is this property within 300 feet of a tidal wetland? * YES / 143 *IF YES, S U11UD TUN 'IMBUES PERM' MAY HE REQUIRED. 2(,-17p f /1 641 J0/ei3/o/G T/0 til 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 number or description according to deed, and show street names and indicate whether interior or corner lot. /-rr/si/d SEALS IF IfMZ SS .aourrlY of . 44-1477y . . . ••/I�A,Pr/'� .... being duly sworn, deposes and says tha is the applicant (Nome of individual signing contract) above named, ‘24AL,t- it; 0 (Cootr ,for corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application, that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . day of ��c`.'.419..�'. .. Notary Public .. .X t c. - / J COOPER ...igna of Applicant) UNDANotorY Publto,State of New York No 4e221583.Suffo&County Term Expires December 31,1 D799e F BOARD •4 ALTS FORM NO 1 f1 l S TOWN OF SOI NI , 'Y' BUILDING DEPA TMENT mot TOWN HALL SB' $RM SOUTHOLD, H.Y. 11971 TEL: 765-1802 NOTIFY: CALL q7 7- VS — R nod , 19.... MAIL TO Approved , 19.... Permit Ho. Disapproved a/c Xl ibA a is "To To P b# 81-U FF 4c r - _ --, I , ' (Building Inspector) Q — 9 APPLICATION FOR BUILDING PERMIT Date 160' . 19 L_ INSTRUCTIONS a. This application est be completely filled in by typewriter or in ink and suhnitted to the Building Inspectors 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on prenises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property uust be drain on the diagram Which is part of this application. c. The work covered by this application may not be cocooned before issuance of Building Permit. d. Upon approval of this application, the Building Inspector wall 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 =EBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Ran of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on parses and in builds..: for ::: inspections. 40111 . 1 (Siggpature .0 applicant, or name, if a corporation) "04044 40V (Mailing address of.. scant) State Whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plrnber or build Name of owner of premises ....0-t 2 /G 5 O (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builders License No. Phmbers License No. Electricians License No. Other Trade's License No. 1. Location of land on shish proposed work will be done .L, -r'N fr m wz- 63e/ -A/r .. House Number Street Haslet County Tax Map No. 1000 Section Bloom ©9 lit /, 5- Subdivision Filed Map No. L t (Na ) 2. State existing use and occupancy of presses and intended use and of construction: Existing a. use and occupancy GNi jet/Coloe� k o b. Intended use and occupancy ....j %/e, �` rw 1\j_ [Sg (J W /8`00 dao . _ FES 8 0 -t-oo' �79�' RECEIVED TOWN OF SOUTIHOLD, NEW YORK FEB 2a 2000 APPEAL I ROM DECISION OF BUILDING INSPECTOR APPEAL NO town * DATE .--. TO TIIE ZONING BQA D APPEALS TOWN 1COL OF SOUTD, N. Y. • I, (We) ����i��'%y�f.Z/IJ�.� � ls. . . , . .•• „c�'.�5, .....�.�.�......r:.��.!»�+....o.S7L Nome of Appellant Street and Number ....».. .. •• »... /Y .............HEREBY APPEAL TO Municipality ici Sick, THE ZONING BOARD OF APPEALS FROM TIIE DECISION OF TIIE BUILDING INSPECIOR ON . SPY APPLICATION FOR PERMIT-�Me— ' "' "' DATED ""•• 'j 1 g.1 WHEREBY THE BUILDING INSPECTOR DENIED TO ahRAle.s ey.„/.tko, Nome of Applicant fort permit of ic - .49--r/1/9/79 vC 1j�'("E ( ie/ T S /► y . . .. . r».Mtreet, NanMd Number•.»••»•M•»»»»••»»»• Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( v)� Pe-gm/r /L 2) � . "a ( e 4 /•..U O strict on&or nr• ES/ Aght 1 LOCATION OF THE PROPERTY Street I District 1200 Section 1!S Block �lot /, 'Current Owner /�/1/Z .»»....•_ . N Lot o. Mop No • Prior Owner 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not dote the Ordinance ) Article )CEC/// Section ( O° —.131, SL AO 3 TYPE OF APPEAL Appeal is mode herewith for (please check appropriate\box) ( v) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chop 62 Cons Laws Art 16 Sec 280A Subsection 3 ( ) 4 PREVIOUS APPEAL A previous appeal (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 ( ) request for a variance and wos made in Appeal No Doted w•••• .•..»•..• .. . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 �//// SST/O� /� �a 3 A6-) (yr A Variance to the Zoning Ordinance j �.D/NU Dir ' Divw L Sr Te.s cr ( ) r t �v/ ,PoposEb 5/4/6-ce- yr)i Ly W ELLl Is requested For the reason that �s /9- Pf))4ok/77)/97 -,(.7 66 0-17efAeSLis �y 61-VP 4 77-7)-C oL .� - Form Znt (Continue on other side) REASONS FOR AREA VARIANCE ONLY (to be completed by applicant) : Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures. ) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: 2 . The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: 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) (..plic. , ) Agent m attach written consent from owner. y 4 Sworn to before me this /1 day of 7��_ LINDA r KOWALSKI , {rotary Public,Statr of New York C75)4, No 52-4524771 Notary Puo l c Quahfrod In Suffolk County Commisston Expires Nov 30,le Z.xtlk/f orm.va: emp l 1 . kraftSEB # gam �pP . _mg z�-� , The premises consists of 41,376 64 square feet(0 95 acre) and is located on th, ..= i „ waterside at 1240 Latham Lane, Orient The proposed Single Family Residence and Garage would constitute lot coverage of 8 1% It is presently an undeveloped plot between two existing residences The neighbor to the south has constructed a revetement at the "coastal erosion line" and it crosses onto the Bnenza property+15 feet The Bnenzas had applied to both the Trustees and to the DEC to continue the pre-existing revetement an additional ±40 feet m the area described by the Building Department as a`Bluff' The extension was approved by the Trustees (Letter marked C) and demed by the DEC (Marked D) In their letter " e excavation needed to install a revetment will unsteady approximately 1,000 square feet of beach that is not exhibiting the characteristics of erosion but is accreting at this time." Also enclosed please find the letter of non jurisdiction from the trustees dated 12/15/98 (marked B)with the original survey by Joseph Ingegno,dated 11/24/97 that was used for this application (Marked A) On the Topographical survey(Exhibit A)(ignoring the footprint shown) it is clearly shown that the"Bluff" as mentioned in the Building Department demal of this application is + 35' long at the south end abutting the neighbor's revetement while the elevation at the "coastal erosion line" is between 8' and 9' with the beach being listed as elevation 5' This`Bluff' is therefore no taller than 8' for±35' of the line and±3' taller than the beach for the remainder of the±220 Coastal Hazard Line This CHL is+ 45' inland of the Mean High Water Mark at the"Bluff Lme" widens to ±70' from the MHWM at the gradual slope end The revised application for this one family residence is+103' from the Mean High Water Mark The Application to build on this property at this Location is m keeping with the rest of the community and m particular with the immediate neighbors, and is to the best of our knowledge granting this variance will NOT have and adverse effect or impact,on the physical or environmental conditions in the neighborhood 19-41) c'120-1(1 Bnenza ZBA Application Continued 1 An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties, if granted because the building envelope as it is proposed is m keeping with the neighboring home locations m reference to the distance from Mean High Water Lme, as approved by the Town Trustees and as advised and awaiting approval by the DEC 2 The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area(setback)variance because it is within the normal building envelope and moving the residence closer to the road would violate the front yard set back requirements, and compliance with the code as interpreted by the building department woul render the lot unbuildable 3 The amount of relief requested is not substantial because Placement is fairly well dictated by FEMA regulations and town set back requirements, and the elevation of the "bluff'is only' higher than the beach for a short distance at the Coastal Erosion Hazard Lme 4 The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood because The proposed building envelope meets or exceeds all requirements of most agencies and those of the surrounding properties The Rock Toe Wall was suggested by the DEC in lieu of the requested continuation of the Revetement as built by the neighbor to the south,as it will have a much less harmful effect on the shoreline as they feel there is no evidence of erosion 5 The alleged difficulty has not been self created as the owners could not anticipate that the rise m question would be considered a"bluff' The proposed residence is not excessively large or high m profile, and falls below the allowable percentage of lot coverage 6 This is the mimmum that is necessary and adequate, and at the same time and protects poses no threat to the character of the neighborhood or health, safety and welfare of the commumty „ I TOWN OF ,,.'.1 ' A- /s a a a _ /,___2, _ / _�_ SOUTHOLD PROPERTY RECORD CARD I NER SET l 40 VILLAGE DIST SUB LOT sy/ des eQ,' erizctZ�s:' ER E 'f�-�rr��Mrl(Q�'�aM N d f /j a. : � �d n e ��Z C.� � ,X r.<.�-�c� _--C:� t ��� '1 '411ohn {)f r Her' .St ff I E ACR 7c- bmq-y W TYPE OF BUILDING / ��' SEAS VL 3 / FARM COMM CB MICS Mkt Value 11 LAND IMP TOTAL DATE REMARKS / r/ a li �/ /�\.. j-Q/V r Y , i's'A rra 1f f fd /,ly To s utuulbeht o n = _ , 5/.//7 ? // 7/79 soLz ,f,5-- -000 , 13IP4 / i. 8936 D r1 1 ' . M pN 11. / No, TT, M,�� r�° i�p %a a� / .-22./2 `1 .a/6j6 T- 1_ a ,1 :r,c;c)-, - Mil( . - �.-4 ,- Arra _, cm700 4700 / /,Z3/ ig)q4 — 1- 1/71/f 311 - N1, (4e ,- I Turf 17) M 1 ll r Ai) c- I' ' - L /16 /- ,2 - , / , Br r Y2 ..• , , /i9/ _L /l wq p,.?// - ill,/4-r 6 / rier) Yz. r hi- >$/14,--60-0 ? 4( A 17d ff, el9 -Q' z=-. VIde i__4_ 7__7‘2_ 6 7'o66 = A saki_ /2r/ d e. )”' e FRONTAGE ON WATER g6 fil :"land FRONTAGE ON ROAD /70 ' •4. • V ff 02 4 land DEPTH 01,e V' ) D Plot BULKHEAD COLOR TRIM Li i M Bldg ;} Extension ,I Extension Extension ;s Foundation Both Dinette Porch Basement Floors K porch Ext Walls Interior Finish LR Breezeway Fire Place Heat DR Garage Type Roof Rooms 1st Floor BR Patio Recreation Room Rooms 2nd Floor FIN B 0 B Dormer Dnveway Total FOR BOARD AND STAFF USE Updated New Information 3//�f/0 a �-/�Le o /2n a_ to- Zc--c p d r NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,APRIL 6, 2000 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public heanng by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY. APRIL 6, 2000 at the time noted below (or as soon thereafter is possible) 6 50 p m Appl No 4795 -CHARLES BRIENZA This is a request for a Vanance under Article XXIII, Section 100-239 4A(1), based upon the Building Department's January 20, 2000 Notice of Disapproval and an application for a building permit to locate a new single-family dwelling at less than 100 feet from the bank (or bluff) of the Long Island Sound Location of Property Lot 5 on the Map of Lands End, also known as 1240 Latham Lane, Orient, County Tax Map Parcel 1000-15-9-1 5 The Board of Appeals will at the above time and place hear all persons or their representative desiring to be heard or to submit written statements (before the heanng is concluded) 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 (631) 765-1809 Dated March 11 2000 GERARD P GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road Southold, NY 11971 Y_ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD NEW YORK ------- --------- x In the Matter of the Application of AFFIDAVIT 7)7.,(2-- OF SIGN (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- /5 - e31 - / s -- --------- -------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 14,x,t,/ et residing at 2/ •--523±-1)1F i(c-e-121'" , New York, being duly sworn, depose and say that On the a day of d-1-.1 , 2000, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or nght-of-way (dnveway entrance) -facing the street or facing each street or right-of-way entrance,* and that 1 I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject heanng date, which heanng date was shown to be -,71/6/o o a 4•11 .n .- iature)) S •,+ •• to bef me is b •ay of , I00 L. VGDONE / �� !� �� VERONICA F.NOTARY PU M aft off Now 1idc A Ho.52-4661406 (Notary Pu•lic) cam, Dec. 3)In 5offollt aao0) *near the entrance or dnveway entrance of my property, as the area most visible to passersby :.,,,, RIENzA c :!. .!:.i, ARLE S /, 1.: ip,i #4795 V A:: 1. „ .: iiil: AN i. i, ,, .1 CE :1 .• ,7 A t. Id • ,. .. a• 1 i :. L4Harnkr.. ` ., 0 •1'� •'; ::� • .. ori :;:: ;�M Vii. +'i •i ;; . •'q:!:; iII•ii`: it .: !,., SWI, ACID FROM THE Ti , OF SOUND : ANK (BLUFF i , 1...i.• I 5opmT , :., S• 6 : 50PM 6, 2000 L. Z 458 662 107 us Postal Service Receipt for Certified MEW No Insurance Coverage Provided ZONING BOARD OF APPEALS I Do not use for International Mail(See reverse) TOWN OF SOUTHOLD NEW YORK I /bnllJ ) , 7;A) ---- ---- ------_--------------x fro eid , k-f In the Matter of the Application of ZIP Code & Postage $ 3 (Nam Applicants) Certified Fee �° CTM Parcel #1000- /S - - / j �ry� x Restncted Delivery Fee Retun Receipt Showng to Z)� COUNTY OF SUFFOLK) Reba— Whom�oata L • Date,&. <?+,, STATE OF NEW YORK) o 2 •,• Date)j 14 I, k /nAR-TM/ resldlni , New York, being duly swon-'r uGJUJe to say On the 0.??4"/day of , 2000, I personally mailed at the United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES ED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shownthe current assessment roll venfied from the official records on file with the (v"Assessors, or ( ) County Real Property Office , , for every property which abuts and is across a public or pnvate street, or vehicular right-of- way of record, surrounding the applicant's p ••-rty / 1 ignature) Sworn to before me this INDAF KOwAt.S10 Notary Nem York 3/-`Iday of /24/1 -f , 2000132-4State 524n1 Cala-lifted Qualifted In Suffolk County 0/i7e2in L t/Q�O -C Cornmtss on Expires Nov 90,7 �000 (Notary P lic) 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 FAIRWEA'{ n IER—BROWN DESIGN ASSO( ITES, INC. P 0.Box 521 413 Main Street—Greenport, New York 11944 Phone(631) 477-9752 Fax(631) 477-0973 March 29,2000 List of Neighboring Property owners to Bnenza 1000-15-09-1 5 1000-15-09-14 Andrew Martin 450 North End Ave Apt 18 A New York,N Y 10282 1000-15-09-1 6 Aromades,Nikoloas &Maria 20 Oakfield St James,New York 11780 1000-15-09-1 23 Koehler,Frederick W &Another 376 Fulton Street Farmingdale,New York 11735 NYSRPS ASSESSMENT INQUIRY DATE : 04/03/2000 47'3889 SOUTHOLD SCHOOL OYSTER PONDS SCF ROLL SEC TAXABLE 'RCLS 311 RES VAC LAND TOTAL RES SITE 15 .-9-1 .23 TOTAL COM SITE 1125 LATHAM LA ACCT NO 45 = OWNER & MAILING INFO === 1=MISC I ASSESSMENT DATA KOEHLER FREDERICK W & ANO IRS-SS 1 **CURRENT** RES PERCENT 376 FULTON STREET 1 1 'LAND 1,400 **TAXABLE** FARMINGDALE NY 11735 1 BANK 'TOTAL 1,400 COUNTY 1,400 **PRIOR** TOWN 1,400 'LAND 1,400 SCHOOL 1,400 1 !TOTAL 1,400 ==DIMENSIONS === 1 ---- --- SALES INFORMATION ACRES .97 ( BOOK 5 SALE DATE 00/00/00 ' PAGE 00030 PR OWNER TOTAL EXEMPTIONS 0 1TOTAL SPECIAL DISTRICTS 6 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 'FD025 1PK065 IOM060 IWW020 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75 . 10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU 14_03 ei{liyuak_)fuyt '1-41-11/4--*s-Q-0 7112--c_flas r, - . LW �3�'?`✓J . T ti! I 1 ` t G _ 1 ekA_D fit' COUNTY OF SUFFOLK off Sc`ti MAY ` 5 a ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M JONES AIC P DEPARTMENT OF PLANNING DIRECTOR OF PLANNING April 28, 2000 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community unpact(s) A decision of local determination should not be construed as either an approval or a disapproval Applicant(s) Municipal File Number(s) Taylor, Thomas 4793 Lampl, Mark* 4794 ,--Icienza, Charles 4795 Xikis, John 4797 Bramson, Ruthann 4799 Green, Jeffrey 4800 *Alternative relief appears warranted Very truly yours, Stephen M Jones Director of Planning S/s Gerald G Newman Chief Planner GGN cc G 1CCHORNYIZONINGQONMG1WORKING\LD20001APR\SD4793 APR LOCATION MAIUNG ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6100 ■ (5 16) 853 5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE NY I 1788-0099 TELECOPIER(5 16) 853 4044 1 P oFFOLi- 0 yam: BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Ar3ainistrative Code, The Board of Appeals of the Town of to the Suffolk County P Mold, New York, hereby refers the following �xJ Commission: XX Variance from the Zoning Code, Article XXIII , Section 100-239 4A(1) Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No 4795 Applicant. Charles Brienza Location of Affected Land 1240 Latham Lane, Orient County Tax Map Item No . . 1000- 15-9-1 5 Within 500 feet of Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments : Applicant is requesting permission to locate a new single- family dwelling at less than 100 ft from the bluff opies of own file and related documents enclosed for your review. Dated April 25, 2000 APPEALS BOARD MEMBI VFFOLA, �•0 ��0 CD Southold Town Hg Gerard P Goehringer, Chairman ,���� Gyp 53095 Main Road James Dammo, Jr y - P O Box 1179 \ •Lydia A Tortora • v- T i Southold, New York 11S Lora S Collins N- ���� ZBA Fax (516) 765-906 George Horning Ol �O � Telephone (516) 765-180 BOARD OF APPEALS TOWN OF SOUTHOLD April 24, 2000 Mr Robert I Brown Fairweather-Brown Design Assoc 413 Main St P O Box 521 Greenport, NY 11944 Re Variance Appl No 4795 - Charles Brienza (Bluff Setback) Dear Mr Brown Enclosed is a copy of the Appeals Board determination rendered at its Apnl 19, 2000 public meeting As a reminder, please return to the Building Department regarding the next step in the building permit application process A copy of the Board's determination was furnished to Georgia of the Building Department on Friday afternoon Very truly yours, Linda Kowalski Enclosure Copy of Decision to Building Department TRANSMITTAL MEMO Iced TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: SUBJECT: File Update - Hearing Calendar of +4,6 2606 ----06A40:1(1,60 With reference to the above application, please find attached the following new Information added to the official ZBA office file: 1thAff /27 Ze34 Comments: Number of Pages Attached: C NMNDOWSIDESKTOPIZBA FOLDERSIZBAIZBA MEMBERS FROM STAFF\TrMemo doo JTHOLD TOWN BOARD OF APPEALS 631-765-1809 Fax 765-9064 facsimile transmittal T°4-1,v- ed-Cte Fax 977- 773 From ZBA Office Date '0274-W86- 4!/6/0 Re d„.„;___„,,, Pages )10t2 -1-V.7-CA-1 jez&A.J,te, dy-0-610-e-zr- EI.6pdate 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle pi-t1 (r COUNTY OF SUFFOLK (O I ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J McMahon CONSERVA3ION2DISTRICT EN© wig DISTRICT )727iN2315 FAX (6160 APR - 5 2000 4/03/2000 Gerard P Goehnnger Southold Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971 Re Bnenza dwelling at 104 feet to mean high water/Long Island Sound Dear Mr Goehnnger We have recently completed an evaluation at the above referenced property as per your request Dunng the evaluation we noted that the property had recently been cleared of vegetation with the exception of a small area in the front of the property, and along the beachfront/bluff face Removal of vegetation along beachfronts/bluff faces may enhance erosional scenanos in these areas As a result, you may want to limit the removal of native plants from this zone According to the United States Department of Agnculture's soil survey for Suffolk County, the dominant soils types for this area are Beaches (bc) and Haven Loam (HaA) Beaches soil are made up of sandy, gravelly, and/or cobbley deposits between the mean water elevation and the escarpments or bluffs These soils along the eastern Long Island Sound tend to have higher percentages of gravel and cobbles Haven loam soils are made of varying percentages of sands, silts, and clays typically with less than 52 percent of sands The hazards of erosion on the soils types are moderate and slight, respectively Therefore, you may want to review an erosion and sediment control plan before construction of this dwelling begins The groundwater elevation for these soils and this site range from 3 feet to 7 feet below existing grades This high groundwater elevation may present a problem for subgrade structures and piping Therefore, RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 you may want to review a more detailed plan of the structure before construction It was also noted that the property to the east had installed a rip rap seawalVtoe stabilizer This type of stabilization on the beachfront/bluff face may enhance erosional activities in areas adjacent to it An erosional feature, which may be the result of this adjacent stabilizer, was noted during the evaluation The feature is an overhanging lip of vegetation with bluff face soils washed out beneath it Consequently, you may wish to contact Jay Tanski at New York State Sea Grant Extension Service for more information regarding rip rap seawalls/toe stabilization and the NYSDEC for permitting prior to construction I would like to thank you for requesting the comments of the Suffolk County Soil and Water Conservation District Sincerely, /Joseph W Gabrinowitz Soil District Technician 2 you may want to review a more detailed plan of the structure before construction It was also noted that the property to the east had installed a np rap seawalVtoe stabilizer This type of stabilization on the beachfront/bluff face may enhance erosional activities in areas adjacent to rt An erosional feature, which may be the result of this adjacent stabilizer, was noted dunng the evaluation The feature is an overhanging lip of vegetation with bluff face soils washed out beneath it Consequently, you may wish to contact Jay Tanski at New York State Sea Grant Extension Service for more information regarding np rap seawalls/toe stabilization and the NYSDEC for permitting pnor to construction I would like to thank you for requesting the comments of the Suffolk County Soil and Water Conservation District Sincerely, /Joseph W Gabnnowitz Soil District Technician 2 N ,J fp,. COUNTY OF SUFFOLK - �� V t'a F ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE SOIL AND WATER Thomas J McMahon CONSERVATION DISTRICTlE© rEOWRip DISTRICT MANGER FAX (631)727-3160 (631)727-2315 APR - 5 4/03/2000 Gerard P Goehnnger Southold Town Hall 53095 Main Road PO Box 1179 Southold, New York 11971 Re Bnenza dwelling at 104 feet to mean high water/Long Island Sound Dear Mr Goehnnger We have recently completed an evaluation at the above referenced property as per your request Dunng the evaluation we noted that the property had recently been cleared of vegetation with the exception of a small area in the front of the property, and along the beachfront/bluff face Removal of vegetation along beachfronts/bluff faces may enhance erosional scenanos in these areas As a result, you may want to limit the removal of native plants from this zone According to the United States Department of Agnculture's soil survey for Suffolk County, the dominant soils types for this area are Beaches (bc) and Haven Loam (HaA) Beaches soil are made up of sandy, gravelly, and/or cobbley deposits between the mean water elevation and the escarpments or bluffs These soils along the eastern Long Island Sound tend to have higher percentages of gravel and cobbles Haven loam soils are made of varying percentages of sands, silts, and clays typically with less than 52 percent of sands The hazards of erosion on the soils types are moderate and slight, respectively Therefore, you may want to review an erosion and sediment control plan before construction of this dwelling begins The groundwater elevation for these soils and this site range from 3 feet to 7 feet below existing grades This high groundwater elevation may present a problem for subgrade structures and piping Therefore, RIVERHEAD COUNTY CENTER 300 CENTER DRIVE, ROOM N-210 RIVERHEAD, NY 11901 you may want to review a more detailed plan of the structure before construction It was also noted that the property to the east had installed a np rap seawalUtoe stabilizer This type of stabilization on the beachfront/bluff face may enhance erosional activities in areas adjacent to it An erosional feature, which may be the result of this adjacent stabilizer, was noted dunng the evaluation The feature is an overhanging lip of vegetation with bluff face soils washed out beneath it Consequently, you may wish to contact Jay Tanski at New York State Sea Grant Extension Service for more information regarding np rap seawalls/toe stabilization and the NYSDEC for permitting pnor to construction I would like to thank you for requesting the comments of the Suffolk County Soil and Water Conservation District Sincerely, irI /Joseph W Gabnnowitz Soil Distnct Technician 2 ',_ APPEALS BOARD MEMBER: 01 g�FF04 \0 06 Southold Town Hall 53095 Maui Road Gerard P Goehrmger, Chairman James Duuzio,Jr y P O Box 1179 Lydia A Tortora . v- r �` Southold,New York 11971 Lora S Collms �y *- ZBA Fax(516)765-9064 George Horning =7491 * 40,0I Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 15, 2000 Suffolk County Soil &Water Conservation District County Center, Room N-210 Riverhead, NY 11901-2100 Re Projects in Areas Adjacent to LI Sound - Weber, Lampl, Melamud, Bnenza Gentlemen We have received the above applications requesting vanances for new construction, proposed in areas adjacent to the L I Sound bluff or bank, Town of Southold Copies of each project sketch are attached together with the County Tax Map of the area The construction proposed for each project is noted below Lampl swimmingpool at 65+-ft from bluff Weber swimmingpool at 63+-ft from bluff Brienza dwelling att104' to mean high water/LI Sound Melamud swimming pool in a side yard adjacent to the LI Sound Would you please provide evaluations relative to the proposed construction activities, identifying existing soil conditions and providing suggestions to reduce any possible affect on adjacent soil and water areas The public heanngs will be held April 6th, however, if more time is necessary, please let us know and we will ask the applicants for an extension to keep the record open, pending receipt of your evaluations Thank you Yours very truly, GERARD P GOEHRINGER Enclosures CHAIRMAN sig'g‘IFFO4.; ELIZABETH A NEVILLE ����.Z ;;r .. �G Town Hall, 53095 Main Road ; TOWN CLERK o {""pte: ='r P O Box 1179 t v4 . Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; `, • Fax (516) 766-1825 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ` =' '' O' 1i/ Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER ':17491S APIP°���' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO• Southold Town Zoning Board of Appeals FROM: Elizabeth A Neville DATED February 22, 2000 RE Zoning Appeal No 4795 Transmitted herewith is Zoning Board Of Appeals Application #4795 - Charles E Barbara Brienza. Also included are Z.B.A Questionnaire, Applicant Transactional Disclosure Form, Notice of Disapproval, Application for Building Permit, copy of Survey, copy of Plans, Letter from New York State DEC dated January 27, 2000 and Letter from Board of Town Trustees dated December 15, 1998 FAIRWEATHER-BROWN DESIGN ASSOCIATES,INC. ^ 1 c ria v P.O.Box 521 U 413 Main Street MI24,1, 1 Greenport,N.Y. 11944 631-477-9752 (fax)631-477-0973 Transmittal Date: o�la,3/o 0 To: / Re: a( #'/I �� We are sending, enclosed,the following [ ] drawings [ ] specifications [ ] samples [ �-12' fit,tdeel-- 1 ' "C for your d.d.xuAitic --iv [muse [ ] approval [ ] information No Date Description Remarks By: I)),xi 7Atictyc cc: YSTEM • A L co co , <" \ oile- OXLM \ I N \ \\ \ S s N lel N N V N \ \ \N N egi X N i N N • N N \\ . • N , , : \ (..,fr'.. s i.r,et \ \\\\\ ...„, \ --, . ;„. -„,,,,, , , 2.) \ \ \ \-''\ ‹i'l IDICOO1 NOUSE 6 MO mu•MEWL MCA Al '' t%? 415 46 \ .9i 11'POO-CMT POMOCED COM:MTI(6o rnma j '‘, --' . 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OOP POI COPP TO OWLS SITUATED AT /C.1pp`444 zP '� .+. w f�` �' tk1 : ORIENT POINT """ '�' =er " TOWN OF SOUTHOLD ,. � a'� Z t �: �� 1 r.. ., SUFFOLK COUNTY, NEW YORK a i' PPPE O` S C TAX No 1000-15-09-1 5 I ti SCALE 1 =40 NOVEMBER 24 1997 � a--1 AREA - 41 376 64 sq ft (TO TK LOC) 0950 an SEPTIC TAMC (1) I \_ !'I I repo Opo LIE ran PCI A I A 4�1100Y M E 0 100.PILLOW _ ____ t:, ...—"-I._ .. 1 IAYC roc 4- .o..- Ofa CERTIFIED TO 2 CONTE$Mi.HMK A WOW Corloart STREWN L 3400 N AT 21 I-S. CHARLES MENU 3 :12.,Z1042434/%8E4 LLrtll4/ L Q=1LMIAO!.DVialwAwArnA IOW. I NAIL 4 ILL Kan SOIL WO SO MO AC WE a-16�C+P /. BARBARA FNt1EITZlk $ a A wR°r//`r 'M `sr wr T� ro° u 11101'A w rolawcc OF.1/n 1 AC FHM1G PODS ICK A A 10 A,.COW=PRAM WPC OME..D MOWE foal L I..NAI40 I wYA,L110E10 01171 FOR A 1 W 2'0018 I D.M. r r 2 1LA000 pass M[10 9[COMRVCII ILACJMO i1.ICPAIM 1030 Mal MO 3 All 00013/IML L D/moor ROA 4 A 18 W 01111A4 MICA LOAM /R I— ORTIICE Nor ALL ILC 1 ELEVATIONS ARE REFERENCEDTO NGV 0 1929 DATUM MI I Ar 09002[INTIM All ICED EXISTING ELEVATIONSNS AREARE SHOWN THUS ao EXISTING CONTOUR THUES ARE SHOWN S - TEST HOLE DATA 2 W SILT IN THE LEACHING POOL AREA IS FOUND R MUST BE (TEST HOLE DUG BY McDON4LD GEOSCIENCE ON NOVEMBER 11 199 EXCAVATED AID REPLACED WITH CLEAN SAND 3 MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1 000 GALLONS ���,�{r1 DEIN mom LOAM a 1 TANK LONG 4-r WIDE 6-r DEEP grime i 1 4 MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 9q H SDEWALL AREA / , 2 POOLS 6 DEEP 8 dta BRO11M Stir LOAM a PROPOSED EXPANSION POOL • A 4 • , PROPOSED LEACHING POOL A NOM FPO TO COURSE A • SAND 111M 10-20X WPM WA PROPOSED SEPTIC TANK • 4 PL000 ZONE INFORMATION TAKEN FROM FLOOD INSURANCE RATE MAP COMMUNITY-PANEL No 360613 0046 E . '4 ZONE VS (EL 13) AREAS OF 100-YEAR COASTAL FLOOD WITH VELOCITY (1MVE ACTION) BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED • • ZONE B AREAS BETIIEEM LIMITS OF THE 100-YEAR FLOOD AND 500 YEAR FLOOD 131 OR CERTAIN AREAS SUBJECT TO loo-YEAR FLOODING WLTH AVERAGE DEPTHS Emme LESS THAN ONE(12 FOOT OR WHERE THE CONTRIBUTING ORMNAGE AREA IS — LESS THAN ONE(1) SQUARE MALE OR AREAS PROTECTED BY LEVEES FROM .=� THE BASE FLOOD WWII 5 ZONING USE DISTRICT R-40 BROOM MAC TO CAWS = 122213 INTER� o-1Oi c o 17 5 68'37 40- C200 00 141220 00 8 P /0'�� F-ti V Q g Z 1_ W =i �.... —104 Q z 11 PRO MID-ACCOMMCE.RIM TIC 1E-IIIY 0MRo1®/A7LIATION 0R/000011 1..•• ,. FOR TILL 1LNYCYS AS r2INi01� TO 116 SAKI 5 A 110MDOR OF .IS AND AMOCO A10 ADOPT /MOM 7205 OF THE 1 $YORK STAB C - ST TM[Id COX SDA[LAND [DUWCII LAW Joseph A. Ingegno C>4a� •y•:;i< COPE OF TME RINALY WP ROI SUMO Land Surveyor > �` A ler L G �� �p H A I y TO 5(A YrILD 11S V ww % / Can TO SC Noloam M00011 SIVA n.1 LAI./ ONLY TO TLE POISON FOR SO 14 1K/RCY T / IS/RPARD A/D ON HS NOMI 70 TIC ^ `` • TILL C01511Aff OOI00110SAL AMC/MO T41.SI/YQ'+- SIDOAOIOIn - SO Moro - C011.bIC1,OR Layout 4 Me ,,.'� 4'13, ITODb E At10 14 THEWOWILL LW • 11 =ON GOITSICAPICAII ARC MW RWIODWLL PHONE (616)727-2060 Fa■ (516)722-5093 .,',� THE EIOF PONT OF WAYS OFFICES LOCATED AT Ii/LILAC ADDRESS IN-44... A ' EASE110114 a R1 ORD V Orn Union Square P 0 Boo 1931 ` N I S L1c N o 49688 A� sof SNOIFN AIL NOT GUARANTEED Aoobo5u. N..York 11831 fi..rk.ao N..York 11901 • New York State Department of Environmental Conservation Division of Environmental Permits Rm 121, Building 40-SUNY alik Stony Brook, New York 11790-2356 111111111111 Telephone (516) 444-0365 Facsimile 1516) 444-0360 NNW John P. Cahill Commissioner January 27, 2000 Amy K. Martin Fairweather-Brown Design Associates PO. Box 521 Greenport,N Y 11944 RE• Bnenza Property Latham Lane Orient, N.Y. NYSDEC ID #1-4738-02475/00001 Dear Ms Martin: The Department's technical staff visited the above mentioned property on 1/7/00 and provided the following comments We object to the project as proposed The excavation needed to install the revetment will unsteady approximately 1,000 square feet of beach that is not exhibiting the characteristics of erosion but is accreting at this time The construction of the proposed revetment will have an undue adverse impact on approximately 1,000 square feet of wildlife habitat consisting of sand and cobble beach which is utilized by shore birds for nesting and foraging and horseshoe crabs for spawning According to 6 NYCRR Part 661 9(b)(3) and Part 661 9(c)(3), the proposed activity must be reasonable and necessary taking into account reasonable alternatives and that the proposed activity will not have an undue adverse impact on the present and potential values of any adjacent or nearby tidal wetland for marine food production and wildlife habitat A reasonable alternative is the installation of toe armor along the beach/embankment interface A line of stone, five ton minimum, placed side by side across the entire property would be authorized for this site It has recently come to my attention that you have requested ajunsdictional mquuy for the above mentioned property for the construction of a single-family dwelling ultiple applications for proposed activities occurring at a single property are considered by this Department as a single action Therefore, the jurisdictional mquuy request for the proposed dwelling will be combined with the application for the proposed revetment. The Department's technical staff already field inspected the location of the proposed revetment, but now may have to revisit the site due to the junsdictional inquiry In the future, please make sure and include all proposed activities on a single property in one application The architect's plans for the proposed single-family dwelling differ from the proposed dwelling re shown on the survey Please have the surveyor revise the survey to show the correct structure so the Department's jurisdiction can be properly evaluated Upon receipt of four copies of revised plans showing the Department's preferred alternative, and two copies of a revised survey correctly showing the proposed dwelling, the review process will continue Sincerely, Oetiatir Matthew R. Pensla Encon Program Aide CC C Bnenza File Albert J Krupski,President OFFO(t Town Hall James King,Vice-President ���I ., ete 63096 Main Road �1 h`Z`Oy P 0 Box 1179 Henry Smith •� Southold,New York 11971 Artie Foster ars _ �/ Ken Pohwoda y �. ��� Telephone(616) 766-1892 V749.1 %O. , Fax(516) 765-1823 V BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 16, 1999 rE© E V E Ms. Amy Martin �� 2 Fairweather-Brown nu 413 Main Street _ Greenport, NY 11944 RE: CHARLES & BARBARA BRIENZA SCTM#15-9-1.5 Dear Ms. Martin: The following action was taken by the Board of Town Trustees during its Regular Meeting held on Wednesday, December 15, 1999 regarding the above matter: WHEREAS, Amy Martin on behalf of CHARLES & BARBARA BRIENZA applied to the Southold Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 29, 1999, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on December 15, 1999, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety, and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approved the application of CHARLES & BARBARA BRIENZA to extend the rock revetment 40'. BE IT FURTHER RESOLVED, that this determination should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None Very truly yours, ate4.441 �� . Albert J. Krupski, Jr. President, Board of Trustees AJK/lms cc: DEC ACE Dept. of State B 7014-06,....\,,,,,,,, Town Hall �' 63096 Maui Road Albert J Krupski,President �'ti`Z` *.4F. . . y�` P 0 Boz 1179 c -irk.. ..' Southold,New James King,S�president ` h .,�;.�. •'",'���. _ � York 11971 Henry :7 ;. Ay 11 Artie Artie Foster ; O `F Telephone(618)78b-1892 Ken Poliwoda `�ydjlpl �aO���i Fax(518)785-1823 sgtto BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 15, 1998 Barbara & Charles Brienza 20 Laurel Woods Drive Oyster Bay NY 11771 RE: SCTM #15-9-1 .5 Dear Mr. & Mrs. Brienza, The Southold Town Board of Trustees reviewed the survey dated and received in our office on December 15, 1998, and determined that your proposal to construct a single family dwelling to be out of the Trustee Wetland jurisdiction, and Coastal Erosion Area. However, any activity within 75 ' of the Wetland line requires a permit from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, • 4 & ç Albert J. rupski, Jr. President, Board of Trustees AJK/djh cc. Bldg. Dept. C 11a F QUESTIONNAIRE 4450 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. ) I.i.' -I B. Is the subject premises listed on the real estate market for - sa1,4 or being shown to prospective buyers? { } Yes { V} No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there/ any proposals to change or alter land contours? { } Yes (J) No D. 1. Are there any areas which contAin wetland grasses? isio 2. Are the wetland areas shown on the map submitted witn this application? 48- Z 3 . Is the property bulkhea between the wetlands area and the upland building area? NO 4. If your property contain s wetlands or pond areas, nave you contacted the Office of the Town Trustees for its determination of jurisdiction? je-9 E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N/1' (If not applicable, state "N.A. " ) F. Are there any patios, concrete barriers, bulkheads or fences which evist and are not shown on the survey map that you are submitting? NOnIf none exist, please state "none." G. Do you have any cons on taking place at this time concerning your premises? fl If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do y°;� or any co-owner also awn other land close to this parcel? f1() If yes, please explain where or submit copies of deeds. I. Pleas list present use or operations conducted at this parcel NU Itand proposed use 'ml k V(�((�P�(_f � 1 4011, cizaiL70 4-hip o • ••r ,. Signature and Date 3/87, 10/901k APPLICANT TRANSACTIONAL DISCLOSURE FORH / 8`f / The Town of Southold ' s Code of Ethics prohibits conflicts o / Interest on the parL of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (_ t ( (Last name, firs; 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 i/ 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) ; a) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation) ; 0) an officer, director, partner, or employee of the applicant; or p) the actual applicant . DESCRIPTION OF RELATIONSHIP Submitted th _ of Signature I ��/ •'( 76)1t4g-sly, g �..�1 Print name ih , ELIZA—TH A NEVILLE, TOWN CLERK Town of Southold Southold, New York 11971 Phone 631-765-1800 PERMIT/RECEIPT #4795 Bnenza, Charles & Barbara 1240 Latham Ave Onent, N y 11957 Received $ 400 00 for Permits - <<TransactionType>> Application Fees on 02/22/2000 Thank you It has been our pleasure to serve you By /1Z CcZA,66 at - , �� •di (ti e iss ed) 1 I I I . ..- • . ; . . .. . „. . - - . . , . . ,-_ ,..•,- ,.. ...• . . . - • • • - , . i).- • .. 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