HomeMy WebLinkAbout5083 4'444
APPEALS BOARD MEMBERS ,•���S�ffO�,� =;
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s$ �s% Southold Town Hall
Gerard P. Goehringer, Chairman /110 �� 53095 Main Road
Lydia A.Tortora e4,
z P.O.Box 1179
George Horning
rft
Southold New York 11971-0959
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Ruth D. Oliva
Ot� ZBA Fax(631)765-9064
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Vincent Orlando 1 * Telephone(631) 765-1809
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BOARD OF APPEALS
TOWN OF SOUTHOLD
CORRECTED
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 2, 2002
Appl. No. 5083—ANTHONY CARNESI CTM 93.-1-6.2
Property Location: 3565 Cedar Beach Road, Southold
BASIS OF APPLICATION: Building Department's January 22, 2002 Notice of Disapproval,
amended January 25 and April 30, 2002, for the reason that applicant's (porch and open
deck) additions will increase the degree of non-conformance at less than 15 feet and 20
feet on the side yards, and less than 35 feet as a combined total.
AREA VARIANCE REQUESTED: Applicant's 5.8 ft. area of a porch and open deck
addition will be 16.3 feet from the side property line (to the north)'at its closest point, and
9.1 feet on the opposite (south) side, for total combined side yards of 25.4 feet
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 18, 2002, at
which time written and oral evidence was presented. Based upon all testimony,
documentation, personal inspection of the property and the neighborhood, and other
evidence, the Zoning Board finds the following facts to be true and relevant.
PROPERTY DESCRIPTION: The applicant's property is situated north of a 20 ft. access
way, extending off the north side of Cedar Beach Road, Southold. The property is
improved with a principal single-family dwelling and separate building. The lot contains
22,948 sq. ft. of lot area and has variable dimensions of 95 feet at its deepest (west) side,
49.65 feet along the Sound, a length of 420.72 feet on the south property line, and 415+-
feet on the north property line as confirmed on the November 14, 2001 survey prepared by
Stanley J. Isaksen, Jr., Land Surveyor.
REASONS FOR BOARD ACTION: IN ACCORDANCE WITH THE REVIEW STANDARDS
SET FORTH IN TOWN LAW 267B-3 "AREA VARIANCES," THE BOARD HAS
CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCE IS GRANTED,
AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE
OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND DETERMINES
THAT:
1. Grant of an area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties because the porch and open deck
addition to the principal dwelling, as built (existing), does not disrupt the side yard
configuration for a viable access and the home; the northerly side yard will remain open
and unobstructed. -
Page 2—May 2, 2002 -�
Appl. No. 5083—A. Carnesi
93.-1-6.2 at Southold
2. The benefit sought by applicant cannot be achieved by some method, feasible for
appellant to pursue, other than an area variance because the shape of the parcel is
irregular, creating a angled side property line, and a very long rear yard facing Peconic
Bay. The irregularities of the dimensions of the property creates an irregular side yard,
and the porch as attached is in a reasonable location to take advantage of the view
waterfront.
•
3. The requested area variance is not substantial. The variance requested is a 5.8+- ft.
reduction from the required 15 ft. minimum side yard.
4. Grant of the variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. No evidence was presented to
suggest that the physical or environmental conditions in the neighborhood would be
adversely impacted.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member
Orlando, it was
RESOLVED, to GRANT the variance as applied for, SUBJECT TO THE
FOLLOWING CONDITION:
That the deck remain open and unenclosed, except that the porch is permitted to
be screened in, but not converted to habitable living area.
This action does not authorize or condone any current or future use, setback or other .
feature of the subject property that violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
VOTE OF THE BOARD: Ayes: Members Goehringer (Chairman), Tortora, and Orlando.
(Members Oliva and Horning were absent.,) This Resolution was duly adopted,(3-0).
_ .r, o�
GERARD P. GOEHR NGER
May 23, 2002 (Corrected) s/a.5d/d2
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, APRIL 18, 2002
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 by the
SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New
York 11971, on THURSDAY, APRIL 18, 2002, at the time noted below (or as soon thereafter as
possible):
5:55 p.m. Appl. No. 5083 — ANTHONY CARNES!. This is a request for a Variance under
Section 100-242-A and 100-244B based on the Building Department's January 25, 2002
Amended Notice of Disapproval regarding applicant's building permit application for the
"as built" location of addition(s)/alterations, at 3565 Cedar Beach Road, Southold; Parcel
1000-93-1-6.2. The reasons stated in the Notice of Disapproval is that the "as built"
dwelling is less than 15 feet and 20 feet on the side yards, and has a total side yard of
less than 35 feet, and the proposed addition/alteration increases the degree of non-
conformance.
The Board of Appeals will hear all persons, or their representative, desiring to be heard
at the hearing, or desiring to submit written statements before the conclusion of this hearing.
This hearing will not start earlier than designated. Files are available for review during regular
Town Hall business days (8-3 p.m.). If you have questions, please do not hesitate to call (631)
765-1809.
Dated: April 3, 2002. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
i
` i %
FORM NO. 3
NOTICE OF DISAPPROVAL
1
i�� ' cc i i' �fDrA-TE;'January 22, 2002
r'--------'-_:7_d___ ---"It
- Pz! 1 AMENDED: 1/25/02
��� 3 fE i t;? 4/30/ 02
TO: Dario Agarabi A/C Carnesi i f i\ ,hid
1900 Youngs Avenue i_! \ �,�__�_ - -�.. 1
Southold,NY 11944 - -I
Please take notice that your application dated January 22, 2002
For permit to make additions and alterations to an existing single family dwelling at
Location of property: 3565 Cedar Beach Road, Southold
County Tax Map No. 1000 - Section 93 Block 1 Lot 6.2
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a non-conforming structure on a non-conforming lot in the R-
80 District is not permitted pursuant to Article XXIV Section 100-242A which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use,provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing,nonconforming single family dwelling,prior to the "as built" condition, had a single
side yard setback of 16.3 feet and a total side yard setback ofiie25.4 feet. The"as built"
condition notes a single side yard setback of 5.8 feet and a total side yard setback of 14.9 feet.
Therefore, the proposed addition/alteration is not permitted pursuant to Article XXVI Section 100-
244 which states that non-conforming lots between 20,000 and 39,999 square feet in total size,.
require a single side yard setback of fifteen feet and a total side yard setback of thirty-five feet.
Total lot coverage is+/- 8.688 percent.
/12
Authorized Si;
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CC: file, Z.B.A..
TOWN OF SOUTHOLD BUILDIN( •RMIl'APPLICATION CHECKLIST
BUILDING DEPARTMENT Do yc'u have or need the following,before applying
TOWN HALL
Board of Health
SOUTHOLD,NY 11971 3 sets of Building Plans
TEL: 765-1802 - Survey
PERMIT NO. Check
Septic Form
N.Y.S.D.E.C.
Trustees
Examined ,20 Contact:
Approved ,20 Mail to:
Disapproved a/c
Phone: •
Building Inspector
N N 5 LIR
a j 1 I i APPLICATION FOR BUILDING PERMIT
JAH 1 6 202 11.J
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Date— rta 15 , 200
• , .•"'T INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale.Fee according to schedule,
b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
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 a 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 what-so-ever until a Certificate of Occupanc
is issued by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or •
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
14)\-),
• (Signa u i f applicant or name,if a corporation)
GICO la)H6
(Mailing address of applicant)
•
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
,-A6&0.51
Name of owner of premises Akripowl le'.D1
(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. •
•
Electucians License No.
Other Trade's License No.
1. Locatici of land on which proposed work will be done:
357,5 D.- � ��. 5OopNc>L
House Number Street Hamlet
County Tax Map No, 1000 Section - Or) Block 01 Lot 06.?--
Subdivision Filed Map No. Lot
(Name)
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For Office Use Only: Fee$ Assigned No.,O1
TOWN OF SOUTHOLD,NEW YORK
4c. c�Z9/DZ`'n',A,cQc s�t� /��c®
APPEAL FROM DECISION OF BUILDING INSPECTOR .-
A 4. 1 ., ,e,- -
DATE OF BUILDING INSPECTORS DECISION APPEALED:
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TO THE ZONING BOARD OF APPEALS: I (We) H*rRRh1 . C� r?1 lUk1
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(Appellant) ��d�
Aritilf
of (Tel # '� )
HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR:
( ) Permit to Build
( ) Permit for Occupancy
( Permit to Use
( Permit for As-Built
( ) Other: "�,,,, Q,�
1. Location of Property "'> Zone I,""�.�_
District 1000 Section..f�'1'_?..Bldckdl„lot(s). (4•�--' Current Owner. , ..I:
�.`�'ifr:sA l
2. Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection
and paragraph of Zoning Ordnance by number . Do not quote the law.)
Article Jet. Section 100- .,,, Cr.Sub•Section ,
3. Type of Appeal. Appeal is made herewith for:
(I)A Variance to the Zoning Ordinance or Zoning Map -'51 O(ZI ✓vyZ,ALI
( )A Variance due to lack of access as required by New York Town Law
Chap. 62,Cons.Laws Art. 16,Section 280-A.
( )Interpretation of Article Section 100-
( )Reversal or Other:
4. Previous Appeal. A previous appeal (has (has not -eon made with respect to this
property or with respect to this decision of the :• -
= specter(Appeal# Year )
.MASONS FOR APPEA
(3dditlonal sheets may b�used with applicant's slarlature);
AREA VARIANCE REASONS:
(1) An undesirable ,.hange will not be produced in the CHARACTER of the neighborhood
or a detriment to n, rby properties,if granted,because:
I5T -c, fX.cc,_
541-4: t-i c it.4racs /Fire ks
(2) The benefit sougnt by the applicant CANNOT be achieved by some method feasible
for the applicant to pursue,other than an area variance, because:
'T►+e c-006 too48443 S I' r2 irAe
Let A lx;, AN. R�DN c A f s aa�v LR'e u JZ Cd- �ve'7'�C� ►ie»5F�
. (3) The amount of relief req..ested Is not subitan fa because: C kS
Des , T- thxtcgc 14 APiot H PIS Eager t I D c4-4 uh I`iNN!—
(4) The variance will NOT have an adverse effect or Impact on the physical ori`' '
environmental conditions in u:e neighborhood or district because:
t-i1 etc,R4'a,iXa ;-D✓,
• t-(A-0., I'4 '3q�cor.
' paid R.Q.L. d i ra 51%) C-4-4 20/-IC..
(5) Has the alleged difficulty been self-created? ( )Yes, or ( )No.
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 if USE VARIANCE STANDARDS'a a co/ pi- d - • attached.•r
Sworn to before ; e this Z.3''4 J A ;.
•; da (Sign Tture of Appel • t or Authorized Agent)
. ,�� �I,il. '= (Agent mustsubmit AuthorizationOwner)
„ _ .. Ii —+j, from O er)
IBA App,:'�Y.� �-I-
IA 1.HOUGH
=NOTARY PUB lC STATE OF NEW YORK
: NO.01-H06062183
QUALIFIED IN QUEENS COUNTY
. ' MY COMMISSION EXPIRES 07-30-20 p�
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TYPE OF BUILDING
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RES. SEAS. VL. :FARM 1COMM. CB. MISC. Mkt. Value
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AND IMP. TOTAL 1 DATE
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House Plot DEPTH! - , 47...o Av
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BAYVIEN (SOUTHOLD)
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
- S 651 SURVEYED FOR ANTHONY P. CARNESI
• 0
•
LO. 39 ,, 75' Jo' SCREENED E- PORCH i
'am k•-' •'-) 40' N/F ROMANELLI
-,„ 1 STOi fi-;---, S 20° .34' 40" E /
(I•J "..., WOOD 26 37.26'
,
41/6 FRAM `'' SHOWER
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GOING UP' / S 81 ° 49' 40 ' E
0 __\ 204, 0.6, STEPS , S 69° 32' 401 E
, CELL R 74
2F3 R0SA6Tm'OER 4i r yr:sfg
mom ,I.5 41.50' 00) 46. 71'
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ENT S 66* 49,
m-v- WOOD 79 B TEP --1.-
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V- BLDG. ucz, SCREENED
N 3a6' 4 8' Lt) IN
CR H / 00V aM
I 96.45
is WOOD 79' P° 7 7-
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CC N 7 ii. . .r„,L, 40" W ----12- ,.-),;) °' Al 66* 49, ky I c
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/- -. 1.5' , * 4c, • CD
5 76° 19' W V._
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AV o',-`' .._.. ___.,. --).>
,21.35' ,
- -z. SURVEYED 14 NOVEMBER, 2001 E
. N SCALE 1"=40'
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2
Tr) IN.),.. AREA= 22,948.660 SF
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,300. ? OR
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2' vs (.I8 0.527 ACRES
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AREA OF BUILDING,FOO7PRINT' - . ,. ••
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END FENCE
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,
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,671.10 SF. 4% OF TOTAL LOT AREA.
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_ FD _ _ . - - - - _ . _. , _ ____ . __ _ . _ __ __ _ -- -- — GUARANTEES INDICATED'HERE ON SHALL-RUN - -- ---- - 2.---ARE-A- OF 2 STORY BUILDING: — __ _ _ .
CMRE= 400.00' ONLY TO THE PERSON FOR WHOM THE SURVEY 1,322.7 SF. OR 5.764% OF TOTAL LOT AREA. , :, .
IS PREPARED, AND ON HIS BEHALF TO THE .
.
,
TITLE COMPANY, GOVERNMENTAL AGENCY, ' . . ' , .
.
LENDING INSTI TUTION, IF LISTED HEREON, AND TOTAL BUILDING COVERAGE: (BOTH) . ' ., ..- .
, .
_
CEDAR BEACH ROAD . TO 7HE.ASSIGNEES OF THE LENDING INS7ITUTION
GUARANTEES ARE NOT TRANSFERABLE TO
ADDITIONAL INSTITUTIONS OR'SUBSEQUENT OWNERS BUILDINGS (2), TOTAL SF, SURVEYED BY-,-
= 1,993.8,
BUILDINGS LOT COVERAGE . '
- - STANLEY 'j.-- 1SAKSEN, JR. ', -
TOTAL = 8.688% OF TOTAL LOT AREA P.O. BOX 29.4 ,`'
,
UNAUTHORIZED ALTERATION OR ADDITION TO THIS , -NEW-SUFFOLK:'-NY... 11956 '
,
' SURVEY IS A VIOLATION OF SECTION 7209 OF " 6,31`;- „34=758J5r -
. . .. . . .
THE NEW YORK STATE EDUCATION LAW - -
' ' ..-- .
, . . . .
. —
COPIES or ml SIJI?VEY MAP NOT BEARING . . --saff, ,' •' / ,
GUARANTEED TO . --- , NOT COPY BE CONSIDERED TO BE A VALID TRUE
- ,
ICENS 1,1 LAND,' /LVEYOR
2 30 APRIL 2002 ADD PERCENTAGE OF BUILDING COVERAGeNYS Llf."NO.''49, 7 . -
r ir . .
ANTHONY P. CARNESI 1 9 JANUARY 2002 ADD OFFSET OF' DECK TO PROP. LINE.
01R1086 ' -
-
- ,-,
JP" .t COUNTY OF SUFFOLK
fl.
ei•\ •;
ROBERT J GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
June 7, 2002
JON IN
I ,
I
Town of Southold ' -~
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s)submitted to the Suffolk County Planning Commission is/are considered
to be a matter for local determination as there appears to be no significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Walz, Roger&Leslie 4962
Floyd King Trust 5045
Laoudis, Theodore &Angela 5077
Laoudis, Thoedore &Angela 5078
Ahlers, Paul &Patricia 5082
. Carnesi, Anthony 5083
Kistner, John 5085
Wood, Joan 5087
Giacale, Louis & Sarah 5088
Bedell, John& Susan 5090
Young, Robert& Dorothy 5091
Arnold, Richard& Joan 5092
Edgewater III 5093
Buskard, Donald 5094
Gusmer Realty 5096
Sleckman, James & Cathy 5097
Ketterer, Gwyneth 5103
Blackley, James 5107
DiBlasi, Robert 5112
Edgewater III 5120
Custom Designer Homes, Inc. 5121
Ellis, Scott& Constance 5122
LOCATION MAILING ADDRESS
H LEE DENNISON BLDG. -4TH FLOOR ■ P 0. BOX 6100 ■ (5 16) 853-5190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER(5 16) 853-4044
June 7, 2002 :FOLK COUNTY PLANNING DEPAR. -:NT Page 2
Como, Joseph& Christina 5128
Youngman, Arline 5129
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G.Newman
Chief Planner
GGN:cc
G 1CCHORNY\ZONING\ZONING\WORKINGILD2002 JANU N1SD4962 JUN
LOCATION MAILING ADDRESS
H LEE DENNISON BLDG. -4T1-1 FLOOR • P. 0 BOX 6 100 is (5 1 6) 853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER(5 16) 853-4044
I��,��®OFFO`t4149
= ,
��itY Oy Town Hall 53095 Main Road
ELIZABETH A.NEVILLE � • d
TOWN CLERK ® P.O. Box 1179
Southold, New York 11971
REGISTRAR,OF VITAL STATISTICS
MARRIAGE OFFICER :®� � �I', Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER =_�®� -`a®'i� Fax
(631) 765-1800
FREEDOM OF INFORMATION OFFICER ,���� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A.Neville
DATED: January 31, 2002
RE: Zoning Appeal No. 5083
Transmitted herewith is Zoning Appeals No. 5083—Anthony Carnesi-Zoning Board of
Appeals application for variance. Also included is a notice of disapproval, ZBA questionnaire,
applicant transactional disclosure form, SEQR form, .survey, letter and receipt from Building
Department,notice of disapproval, an application for building permit.
•
APPEALS BOARD MEMBERS I0#,% o
Southold Town Hall
Gerard P. Goehringer, Chairman ��= \ 53095 Main Road
Lydia A.Tortora t y 2 P.O. Box 1179
George Horning
Southold,New York 11971-0959
�
$j \z, ZBA Fax(631) 765-9064
Ruth D. Oliva
j' ! �
s,/ ,
Vincent Orlando .. 1 4, �►�,� Telephone (631)765-1809
--,...•�''� http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 24, 2002
Mr. Dario Agarabi
DA Architecture
1900 Youngs Avenue
Southold, NY 11971
Re: Appl. No. 5083—Carnesi Variances
Dear Mr.Agarabi: _
Please find enclosed a copy of the corrected decision of the Board, rendered on May
2, 2002, concerning the above application. This replaces the previous copy that was
forwarded to you on May 17, 2002. We ask that you please discard the copy (noted as
#4775 in the May 17th letter—since it is not a valid copy).
If you have any questions,please feel free to call us. Thank you.
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to:
Building Department
Mr. Anthony Carnesi
e--
Page
Page 2—May 2, 2002
Appl. No. 5083—A. Carnes'
93.-1-6.2 at Southold
2. The benefit sought by applicant cannot be achieved by some method, feasible for
appellant to pursue, other than an area variance because the shape of the parcel is
irregular, creating a angled side property line, and a very long rear yard facing Peconic
Bay. The irregularities of the dimensions of the property creates an irregular side yard,
and the porch as attached is in a reasonable location to take advantage of the view
waterfront.
3. The requested area variance is not substantial. The variance requested is a 5.8+- ft.
reduction from the required 15 ft. minimum side yard.
4. Grant of the variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. No evidence was presented to
suggest that the physical or environmental conditions in the neighborhood would be
adversely impacted.
RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member
Orlando, it was
RESOLVED, to GRANT the variance as applied for, SUBJECT TO THE
FOLLOWING CONDITION:
That the deck remain open and unenclosed, except that the porch is permitted to
be screened in, but not converted to habitable living area.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that,violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
VOTE OF THE BOARD: Ayes: Members Goehringer (Chairman), Tortora, and Orlando.
(Members Oliva and Horning were absent.) This Resolution was duly adopted (3-0).
GERARD P. GOEHR NGER, CHAIR AN
May 23, 2002 (Corrected) -/050,Z
APPEALS BOARD MEMBERS SVFFOL4 '; .
/OP
co
• 53095Southo1d Town Main Road
Hall
Gerard P. Goehringer, Chairman � •
Lydia A. Tortorat y P.O. Box 1179
George Horning
r �' Southold,New York 11971-0959
�� e
Ruth D. Oliva y 0*.1 ZBA Fax (631)765-9064
Vincent Orlando =�e1 �►„.0 Telephone(631)765-1809
.....�''� http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
CORRECTED
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 2, 2002
Appl. No. 5083—ANTHONY CARNES! CTM 93.4.6.2
Property Location: 3565 Cedar Beach Road, Southold
BASIS OF APPLICATION: Building Department's January 22, 2002 Notice of Disapproval,
amended January 25 and April 30, 2002, for the reason that applicant's (porch and open
deck) additions will increase the degree of non-conformance at less than 15 feet and 20
feet on the side yards, and less than 35 feet as a combined total.
AREA VARIANCE REQUESTED: Applicant's 5.8 ft. area of a porch and open deck
addition will be 16.3 feet from the side property line (to the north) at its closest point, and
9.1 feet on the opposite'(south) side, for total combined side yards of 25.4 feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 18, 2002, at
which time written and oral evidence was presented. Based upon all testimony,
documentation, personal inspection of the property and the neighborhood, and other
evidence, the Zoning Board finds the following facts to be true and relevant.
PROPERTY DESCRIPTION: The applicant's property is situated north of a 20 ft. access
way, extending off the north side of Cedar Beach Road, Southold. The property is
improved with a principal single-family dwelling and separate building. The lot contains
22,948 sq. ft. of lot area and has variable dimensions of 95 feet at its deepest (west) side,
49.65 feet along the Sound, a length of 420.72 feet on the south property line, and 415+-
feet on the north property line as confirmed on the November 14, 2001 survey prepared by
Stanley J. lsaksen, Jr., Land Surveyor.
REASONS FOR BOARD ACTION: IN ACCORDANCE WITH THE REVIEW STANDARDS
SET FORTH IN TOWN LAW 267B-3 "AREA VARIANCES," THE BOARD HAS
CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCE IS GRANTED,
AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE
OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND DETERMINES
THAT:
1. Grant of an area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties because the porch and open deck
addition to the principal dwelling, as built (existing), does not disrupt the side yard
configuration for a viable access and the home; the northerly side yard will remain open
and unobstructed.
/ L
June 4, 2002
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. 0. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. — 5083 Carnesi
Action Requested: Total combined sideyards
Within 500 feet of: ( ) State or County Road
( X) Waterway (Bay, Sound or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Gerard P. Goehringer, Chairman
By:
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FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: January 22, 2002
AMENDED: 1/25/02
TO: Dario Agarabi A/C Carnesi
1900 Youngs Avenue
Southold,NY 11944
Please take notice that your application dated January 22, 2002
For permit to make additions and alterations to an existing single family dwelling at
Location of property: 3565 Cedar Beach Road, Southold
County Tax Map No. 1000 - Section 93 Block 1 Lot 6.2
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a non-conforming structure on a non-conforming lot in the R-
80 District is not permitted pursuant to Article XXIV Section 100-242A which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use,provided that such'
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing,nonconforming single family dwelling,prior to the"as built"condition, had a single
side yard setback of 16.3 feet and a total side yard setback of nine 25.4 feet. The"as built"
condition notes a single side yard setback of 5.8 feet and a total side yard setback of 14.9 feet.
Therefore, the proposed addition/alteration is not permitted pursuant to Article XXVI Section 100-
244 which states that non-conforming lots between 20,000 and 39,999 square feet in total size,
require a single side yard setback of fifteen feet and a total side yard setback of thirty-five feet.
Total lot cover. >,3•ercent.
IFErP
W Authorized Signature
CC: file, Z.B.A.
ber-vd.
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: January 22, 2002
TO: Dario Agarabi A/C Carnesi
1900 Youngs Avenue
Southold,NY 11971
Please take notice that your application dated January 22, 2001
For permit to make additions/alterations to an existing single family dwelling at
Location of property: 3536 Cedar Beach Road, Southold
County Tax Map No. 1000 - Section 93 Block 1 Lot 6.2
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a non-conforming structure on a non-conforming lot in the R-80
District is not permitted pursuant to Article XXIV Section 100-242A which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement
of a non-conforming building containing a conforming use, provided that such action does not
create any new non-conformance or increase the degree of non-conformance with regard to the
regulations pertaining to such buildings."
The existing non-conforming single family dwelling,prior to the"as built" construction, has a single
side yard setback of 16.3 feet and a total side yard setback of 25.4 feet. Following the"as built"
addition, plans note a single side yard setback of 5.8feet and 14.9 feet. Therefore, the proposed
addition/alteration is not permitted pursuant to Article XXVI Section 100-244 which states that non-
conforming lots between 20,000 and 39,999 square feet in total size, require a single side yard setback
of fifteen(15) feet and a total side yard setback of thirty-five(35) feet.
Total , cov•ra_e is 1:igg!AgliFit.
r
uthorized Signature
CC: file, Z.B.A.
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\RH— SURVEY OF
DESCRIBED PROPERTY
SI TUA TE
BA YVIEW (SOUTHOLD)
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
O S 65 75' 3 SCREPOENED SURVEYED FOR ANTHONY P. CARNESI
h 39 ,, 2O J
`5. 40, S 20° 34' 40" E N/F ROMANELLI
-, 1 sm 8
/
W N WOOD 2 6 37.26'
47 6 FRAM h SHOWER / 49' 40"
DWLG5 58' i S 81 ° E
,0 204• 06. STEPS 138 S 690 32' 40f E ,
• / GO/NG UP ,",1i�ii� ��3 01 46. 71
CELL R 4 1.50 0 S
3o s `5 ppl
R/GY ENT. 2 STORY \� WOOD �1 66-
\T- 49
•v-. * WOOD DECK O� O�� E
N FRAME 4.4 PLC /STEP / CIS
BLDG. F SCREENED =._
30 6 4 8' IN Q I ? 1�1 •
_ WOOD 7 9' PORCH�Q��ppQ 796 45' 7 T----
---k
DIRT
71
-73
( N 7... ° 44 40" W 1 :�:.�1 � � N 66° W oil 4,-(-I)
' 4,9' -7) Co TM 1000-093-01-06.2
IAF 1.5' ' O —
0 S76° 19' W .r. Xc�'3,N
21.35' tio� / p�c _1..,
SURVEYED 14 NOVEMBER, 2001
p ti Q SCALE 1"=40'
0 30
0
N IN.) AREA= 22,948.660 SF
OR
72' V 0.527 ACRES
O
CO 20w N/F ROMANELLI o
O z '
Q -
. -
In
Q
Z
I END FENCE
IP S 0.5'
FD
CM 77E= 400.00' GUARANTEES INDICATED HERE ON SHALL RUN - _
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
777LE COMPANY, GOVERNMENTAL AGENCY,
LENDING INSTITUTON, IF LISTED HEREON, AND
CEDAR BEACH ROAD
TO THE ASSIGNEES OF THE LENDING INSTITUTION SURVEYED BY
GUARANTEES ARE NOT TRANSFERABLE TO
ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS
STANLEY J. ISAKSEN, JR.
P.O. BOX 294
UNAUTHORIZED ALT ERA TION OR ADDITION TO THIS NEW SUFFOLK NY 119. 6
SURVEY IS A VIOLATION OF SECTION 7209 OF /j
' THE NEW YORK STATE EDUCATION LAW 631—X34-58 5 /
COPIES OF THIS .SURVEY MAP NOT BEARING jf' / / `� L��
1HE LAND SUR vi-IYORS EMBOSSED SEAL SHALL
GUARANTEED TO NOT BE CONSIDERED TO BE A VALID TRUE , LICE f E9 LAND 1 RVEYOR
COPY it •
ANTHONY P. CARNESI NYS LIC. NO. 49273
1. 9 JANUARY 2002 ADD OFFSET OF DECK TO PROP LINE.
01R1086
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: January 22, 2002
AMENDED: 1/25/02 2
TO: Dario Agarabi A/C Carnesi /-27-0
1900 Youngs Avenue 02:S-fed
Southold,NY 11944
Please take notice that your application dated January 22, 2002 6.1,tica-7
For permit to make additions and alterations to an existing single family dwelling at
Location of property: 3565 Cedar Beach Road, Southold
County Tax Map No. 1000 - Section 93 Block 1 Lot 6.2
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a non-conforming structure on a non-conforming lot in the R-
80 District is not permitted pursuant to Article XXIV Section 100-242A which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or
enlargement of a non-conforming building containing a conforming use,provided that such
action does not create any new non-conformance or increase the degree of non-conformance
with regard to the regulations pertaining to such buildings."
The existing, nonconforming single family dwelling,prior to the"as built" condition, had a single
side yard setback of 16.3 feet and a total side yard setback of nine 25.4 feet. The "as built"
condition notes a single side yard setback of 5.8 feet and a total side yard setback of 14.9 feet.
Therefore, the proposed addition/alteration is not permitted pursuant to Article XXVI Section 100-
244 which states that non-conforming lots between 20,000 and 39,999 square feet in total size,
re•uire_,_sin_le side yard setback of fifteen feet and a total side yard setback of thirty-five feet.
otal lot coverage is twe►ty 3percent.
Wuthorized ignature
CC: file, Z.B.A.
}
'� ,o�OS�EFO(,I-co
/ Gym
Town Hall,53095 Main Road . Fax(516)765-1823
P.O. Box 1179 Telephone (516)765-1802
Southold, New York 11971
II
•
OFFICE OF THE BUILDING INSPECTOR
TOWN OF SOUTHOLD
NOTICE TO APPLICANT
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A decision rendered by the Building Department may be appealed to the Zoning
Board of Appeals.
Should you require information on how to apply, please contact the ZBA via
telephone at 765-1809 or you may go to the ZBA office at Town Hall during
normal working hours. •
TOWN of SOUTHOLD
OFFICE OF BUILDING INSPECTOR
Receipt N? Town Hall
6 0 8 5 7 Southold, New York 11971
Date I ' 3
Rec-iv:i of .\1f
ti1'�Q m�,..........9„m�.,.n�.m.m..� ......,.w.... /100 Dollars
For 4 ...:. i:).) � C
Fee for
Fee for Fee for Fee for Certificate
❑ Sign ❑ Flood Development Pmt. ❑ Building Permit ❑ of Occupancy L l 4t/3
❑ Cash
Check 1 1 y
$
Building Department
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: January 22, 2002
TO: Dario Agarabi A/C Carnesi
1900 Youngs Avenue
Southold,NY 11971
Please take notice that your application dated January 22, 2001
For permit to make additions/alterations to an existing single family dwelling at
Location of property: 3536 Cedar Beach Road, Southold
County Tax Map No. 1000 - Section 93 Block 1 Lot 6.2
Is returned herewith and disapproved on the following grounds:
The proposed addition/alteration to a non-conforming structure on a non-conforming lot in the R-80
District is not permitted pursuant to Article XXIV Section 100-242A which states.,
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement
of a non-conforming building containing a conforming use,provided that such action does not
create any new non-conformance or increase the degree of non-conformance with regard to the
regulations pertaining to such buildings."
The existing non-conforming single family dwelling, prior to the "as built" construction, has a single
side yard setback of 16.3 feet and a total side yard setback of 25.4 feet. Following the"as built"
addition, plans note a single side yard setback of 5.8feet and 14.9 feet. Therefore, the proposed
addition/alteration is not permitted pursuant to Article XXVI Section 100-244 which states that non-
conforming lots between 20,000 and 39,999 square feet in total size, require a single side yard setback
of fifteen(15) feet and a total side yard setback of thirty-five(35) feet.
T. . lot co er.,e is 18 percen .
C
Authorized Signature
CC: file, Z.B.A.
01/23/2002 13:08 S =LTCd - PAGE 02
• QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPtICATTON
A. Please disclose the names of the owner(s) and any. other
individuals (and entities) having a financial i %erest in the
subject premises and a description of their interests:
(Separate sheet may be attached.)
4-`°x`1
B. Is the subject premises listed on the real estate market for
sa. e or being shown to prospective buyers? ( ) Yes
( ) No. (If Yes, please attach copy of "conditions" of tale.)
C. Are there/any proposals to change or alter land contours?
( } Yes• (✓} No
D. 1. Are there any areas which contain wetland grasses? ti
2. Are the wetland are shown on the map submitted with
this application? . 1
3. Is the property bulkheaded bet' een the wetlands area and
the upland building area? �l
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Tow Trustees for its
determination of jurisdiction?
E. Is there a depression or sloping elevation near the area of
proposednstruction at or below five feet above mean sea
level? (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
submitting? �j If none exist, please state "none."
G. Do you have any cons on taking place at this 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 you1or any co-owner also own other land close to this
parcel? If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conducted at this
parcel ^` 4N•_ and
proposed use fZry'ystx� At .
1,/Li
Au :.t .. Date
3/87, 10/901k
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
The Town of Soubhold ' s Code of Ethics prohibits conflicts of
interest on the part: 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: cootJe5) ) ikspkA0A DR-40 AWIW't 4r—
(Last name , first name , middle initial , unless
you are applying in the name of someone else or
other entity, such as a company . If so , indicate
the other person ' s or company ' s name. )
NATURE OF APPLICATION: (Check all that apply . )
Tax grievance
Variance
Change of zone
Approval of plat
Exemption from plat or official map
Other
( If "Other, " name the activity . )
Do you personally (or through your company, spouse, sibling,
parent, or child) have a relationship with any officer or
employee of the Town of Southold? "Relationship" includes
by blood, marriage, or business interest. "Business
interest" means a business, including a partnership, in
which the town officer or employee has even a partial
ownership of (or employment by) a corporation in which
the town officer or employee owns more than 5% of the
shares.
YES NO
If you answered "YES, " complete the balance of this form and
date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself ( the applicant )
and the town officer or employee. Either check the
appropriate line A) through D) and/or describe in the space
provided .
The town officer or employee or his or her spouse , sibling,
parent, or child is (check all that apply ) :
A) the owner of greater than 5% of the shares of the
corporate stock of the applicant (when the applicant
is a corporation) ;
B) the legal or beneficial owner of any interest in a
noncorporate entity (when the applicant is not a
corporation) ;
c) an officer, director , partner, or employee of the
applicants or
D) the actual applicant .
DESCRIPTION OF RELATIONSHIP
\^ 1
Submitted this �' day of
Signature ih
Print name `Zt(.›
}
14.16.4(?/871-Text 12
PROJECT 1.0.NUMBER 617.21Sao):
j - t.l
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1 APPLICANT/SPONSOR I 2. PROJECT NAME J_^nI'�S 1 n
�i�tlAotat C�,.t eSt —062(0 A6 i IJ c"i' M (Z65( 1.(1
a. PROJECT LOCATION: /4.6E4r
Municipality .1-Z40L- �e),` ,)
County •-L
4. PRECISE LOCATION(Street address and road Intersections,prominent landmarks,etc..or provide maps •
�oc Gam. . �,' ; �� ?tirlIVI
: POI Mme
wL. to 1
I _ S. IS PROPOSED ACTION:
0 New ❑Exoanslon I!!fModllicatIonlalteration
6. DESCRIBE PROJECT BRIEFLY:
S.b •IJt L I-
7.
- --
7. AMOUNT OF LANG AFFECTED:
Initially
acres Ultimately acres
a. WILL PROPOSED/4CTiON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes VI No If No.describe briefly
51 Ce.-- trier StiCILL^ViCtir161
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0
Aesidenllal 0 Industrial 0 Commercial 0 Agriculture 0 ParklForesUOpen space Other
Describe:
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10. DOES ACTION INVOLVEA PERMIT APPROVAL.OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERA-
STATE OR LOCAL)?
Yes No If yes,list agency(s)and permil/approvals
11. COES ANY A�ECT OF THE ACTI.:V HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
Yes IX N' 11 Yes.list agency name and permit/approval
12. AS A RESULT OF ROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
❑Yes (6No
I CERTIFY THAT THE INFORMA N PR VIDE()ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
m
V oz._Applicant/sponsor name: Dare.
Signature: otz'"- AQI 1 - �S e1C-161-1-
L12 Avapk21.11
II the action Is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before procoeding-with this assessment
OVER
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TOWN OF SOUTHOLD BUB, 0 PERMIT APPLICATION CHECK:
B(TILDING DEPARTNIEN i • -iso you have or need the following,before app'
TOWN HALL BoardofHealth
SOUTHOLD,NY 11971 • 3 sets of Badding Plans
TEL: 765-1802 Survey
PERMIT NO. Check -
Septic Form
N Y.S.D.E.C.
• Trustees
Examined ,20 Contact
Approved ,20 Mail to:
Disapproved a/c
.Phone: •
Building Inspector
EE N 'fl 15)
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I i APPLICATION FOR BUILDING PERMIT
'1 : JAN 16 2002
Date-- 11-1 15 , 20 C
�,;i3 Cdor
INSTRUCTIONS •
I4; ri�'rye '� tj �
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector witl
sets of plans, accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets
areas, and waterways.
c. The work covered by this application may not be commencedbefore issuance of Building Permit.
d.Upon approval of this application,the Building Inspector.will issue a Building Permit to the applicant. Such a perp
shall be kept on the premises available for inspection throngJ,out the work.
e:No building shall be occupied or used in whole or in part for any purpose what-so-ever nntjl a Certificate of Occup:
is issued by the Building Inspector.
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APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursnanf to tht
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 building for necessary inspections.
' (Siy._ "f applicant or name,if a corporation)
cico i0 **S • AirCi
(Mailing address of applicant)
State whether applicant is owner,lessee, agent, architect, engineer, general contractor, electrician,plumber or builder
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Name of owner of premises A *aJ L-144--14e-5k
(as on the tax roll or latest deed)
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If applicant is a corporation, signature of duly authorized officer
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(Name and title of corporate officer)
Builders License'No.
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Plumbers License No. •
Electricians License No.
Other Trade's License No.
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1. Locatio,u of land on which proposed work will be done:
35Z=5 (Z.s • 500pioLA
House Number Street • • • Hamlet
County Tax Map No. 1000 Section - D'17 Block Ol • Lot .®fou 7.—
Subdivision Filed Map No. . • ' Lot
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: ' a.
a. Existing use and occupancy `�L`,t . � '
b. Intended use and occupancy 9,reAr=Amr1(liL, • -
Addition ✓
3. Nature of work.(check which applicable):New Building • Other Work „�� �-Alteration r�
Repair Removal Demolition
(Description)
v.,.,,`• Fee
4_ Estimated Cost (to be paid on filing this application)
5. If dwelling,number of dwelling units t Number of dwelling units on each floor
if garage, number of cars n
e
6. If business, commercial or mixed occupancy, specify A
nature and extent of each type of use. -
i
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7. Dimensions of existing structures,if any:Front .b( Rear W 1 - Depth . 3).L
Height Number of Stories 2
Dimensions of same structure with alterations or additions: Front • 1'M�r_2R ear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front t. J Rear Depth
Height Number of Stories •
`
9.. Size of lot:Front S.vi Rear ICI c6I Depth 141 /-
10. Date of Purchase Name of Former Owner W6 6-1k.; IL, AtACCOLL..
one or use district in which premises are situated K-40.... -)*.� O\s'(Y� i kl l�64- i\--, r'2
11. Z At, .
12. Does proposed construction violate any zoning law, ordinance or regulation: '
13.Will lot be re-graded N1 . • Will excess fill be removed.from premises: YES 0
14.Names of Owner of premises At,eul i i i Address SSz_ C,G. CL. Phone No.
Name.of Architect . Address Phone No
Name of Contractor Address Phone No:
15. Is this property within 100 feet of a tidal wetland? *YES • ✓ NO
• IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED
16. Provide survey,to scale,with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below,must provide topographical data on.survey,
STATE OF NEW YORK)
SS:
COUNTY OF )
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Lt e being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)He is the Abroger ' . .
(Contractor,Agent,Corporate Officer,etc.)'
of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn tore me • '
iY¢ `'�^'� dray of 20 4't ' 1
.f) -(k-fut, 0 a)L( 1-4. .
• o
,. .
Notary Public • i•igaatare of Applicant
HELENE D.HORNE '
Notary P Noc4State of 9513 New York
Qualified in Suffolk CoesE
Commission Expires May 22. 0_5
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SURVEY OF
DESCRIBED PROPERTY
SITUATE
BAYVIEW (SOUTHOLD)
2,---- _
. TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
S65 //> SURVEYED FOR ANTHONY P. CARNES/
1 39 •, SSCREENED
JO' - PORCH
205 tars 705. 40' S 20° 34' 40" E N/F ROMANELLI
1 STOj �� /
N WOOD 2 6' 37.26'
416 FRAM h SHOWER
DWLGS .^ S 81 ° 49' 40" E
20 4 °6 GO/NG UP 13 6 5.8� 3 �S 69° 32' 4 E 46. 79'
.� mmom \41.50001
d 20' / CELL ENT R 230.6' to STORY 1WOOD
�h ���� S 66°
d` R/, d- WOOD 7'-' DECK 49' E
N FRAME4 4 FPLC�)STEP O)\F/�C (J
Ci- BLDG. lb/ SCREENED 'I, _ _
30 6 2 V-71
WOOD 7.9 PORCH 00� 0O I 196
DIRT
F��� 45 m
I " D
N 76 '144' 40" W -72N-0-4,,,9v. �• N 66° 49' W l Cr)o TM 1000-093-01-06.2
!zF 15'
S76° 19' W o� / ��, X0-1N 7-
21.35' ti �� Z SURVEYED 14 NOVEMBER, 2001
ti = Q SCALE 1"=40'
tri 0 3OO 7 Ti., Iv AREA=R 22,948.660 SF
O 2 v. r.
(.n 0.527 ACRES -
o
Cr 1
m ROW N/F ROMANELLI o
W W
Cr) N , -
O z
rn
I END FENCE
!P S 0.5'
FD
CM JJE= 400.00 __ GUARANTEES INDICATED HERE ON SHALL RUN .
ONL Y TO THE PERSON FOR WHOM THE SURVEY -
IS PREPARED, AND ON HIS BEHALF TO THE
//-�4 TITLE COMPANY, GOVERNMENTAL AGENCY
CEDAR BEACH L/L-/ I / l ROAD LENDING INSTITUTION, IF LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTITUTION SURVEYED BY
GUARANTEES ARE NOT TRANSFERABLE TO •
ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS - STANLEY J. ISAKSEN, JR.
P.O. BOX 294
UNAUTHORIZED AL TERATION OR ADDITION TO THIS NEW SUFFOLK NY 11956
SURVEY IS A VIOLATION OF SECTION 7209 OF 631-734-5815
THE NEW YORK STATE EDUCATION LAW
COPIES OF TI-OS SURVEY MAP NOT BEARING �,\ / / i : dr
THE LAND SURVEYORS EMBOSSED SEAL SIIALL
GUARANTEED TO NOT BE CON,.IDERED TO BE A VALID TRUE ICEN'%•, LAND S "VEYOR
ANTHONY P. CARNES! COPY ' NYS L C. NO., 494 /3
1. 9 JANUAR 1 92 ADD OFFSET OF DECK TO PROP. L O 1 R 1086
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 01/31/02 Receipt#: 1146
Transaction(s): Subtotal
1 Application Fees $150.00
Check#: 1146 Total Paid: $150.00
Name: Carnesi,Anthony
Cedar Beach Road
Southold, NY 11971
Clerk ID: LYNDAB Internal ID:48824
� � ` \�
LEGAL NOTICE- 1 ,
= NOTICE OF PUBLIC HEARINGS '
SOUTHOLD TOWN BOARD OF
a STATE OF NEW YORK)
APPEALS of Disapproval. Applicant is proposing i
-THURSDAY,APRIL 18,2002 to construct additions and alterations to )SS:
NOTICE IS HEREBY GIVEN,pur- dwelling which will be less than 50 feet C'2 F UFFOL
scam httSect100n 267 of the Town Law from the front property line, 0-_t 375 _ / ��
i and Chapter 100(Zonin )
g),Code of the W v��� Asrx,/ -,�t of Mattituck, in Said .
I Town of Southold,the followin appli- amp i ay,Southold; Parcel 1000
cations will, be heard by p the 87 7 p0 p m.Appl.No combined a e lot) county
, ming duly sworn, says that he/she is Principal
SOUTHOLD TOWN BOARD OF S.and DOROTHY YOUNG. This-43-T-1 ia clerk of THE SUFFOLK TIMES,a weekly newspaper p
APPEALS at the Town Hall, 53095 request for a Variance under Section fished at Mattituck, in the Town Of Southold, County Of
Main Road,Southold,-New York 11971, 100-33, based •on the Building
ub-
on THURSDAY,APRIL so,2002 the as the Department's February 4, 2002 Notice Suffolk and State of NeW York,and that the Notice of which f
times noted below(or as soon thereafter of Pisa royal. Applicants ro ose a
as.possible); PP PP P P the annexed is a printed copy, has been regularly pub-
new accessory garage as a replacement
5G0T.m. Appl.Co.50u5 i nfroFLOYDm with enlargement at less than ten feet I fished in said Newspaper once each week
KING TRUST., (Continuation from from the closest •lot line,at 62615 North
requestyed
10, applicant).2002 HnCalendar as Road,Greenport; Parcel 1000-40-1-8. for Weeks SUCCeSSfVeI , commencing
requested by 7:05 p.m. Appl.No.5092-R.AND On
5:45 p.m. Appl. No. 5082 -PAUL J. ARNOLD. This is a request fora p the day
A Bance This is a request for a Variaence under Section 100-239.4B, Of � �K"�' 20�0�
J 100-30A.4, baseda Section he 33C_and based on the Building Inspector's
;% rtment on the Building - January 14,2002 Notice •of Disapproval.
Department's January 8,20• Notice of Applicant is proposing to construct a
Disapproval,regarding •applicant's plan rear deck addition with a setback at less `I
!/ to locate an.accessory storage building than 75 feet from a wood retaining wall, rineipal Clerk
I/ with a setback at less than five feet from at 2105 Bay Shore Road, Greenport;
the property5line: Parcel 1000-53-4-13. SWOm to I)ef;e me this �t�
5:55 p.m. Appl.No.5083-ues ANTHO 7:10 p:m. Appl.No.5093-ED Fs-10.
NY CARNESI. This is a r cast fora WATER III. This�s-P��' lr]a of
Variance under Section 100242-A and - Vahan'' 0ktSed on the Building yI/ Is 20��
100-244B based- on the But
Departmentt's_Janu�n Department's Amended February 27, i
Amended Notice of Disapproval regard- 2002 Notice
of Disapprk lighting,. Applicant / ®"r✓ �s'l e_ ,
" ing applicant's bgilding`pertnit applica- proposes: OP LAURA E. BONDARCHUK i(,lt,�
-tion for the"as built-loc ion of addi- hibited use, for a proposed accessory Notary Public, State of New York
Cedar No 01606067958
tions)/Southold; arc l 3565 00-93 1-6ch privatescourt
court over
the structure, and (2) qualified in Suffolk County}
li
Road, Southold;Parcel 1000 93-1-6.2. tennis court fencing over the height lim
The reasons stated in the Notice of itation of the code for an accessory pri- My lifted 1S8IAn El Coe Dec.24,2A���
Disapproval •is that the "as built" vate tennis court. Location of property: 1
dwelling is less`than 15 feet and 20 feet Route 48 a/k/a Middle Road,Greenport; 1
on the side yards, and has a total side 1000-40-1-21. l No. -DON
yard of less than 35 feet,and the pro- 7:25 p.m. Appl.
Nohis is a 5094-Dt Nr
posed addition/alteration increases the A DBU Variance under
Section 1 re u basedst for '
i degree of non-conformance.
6:00 p.m. Appl. No. 5084 - 640 on the Building Inspector's February 1,
CHURCH ST,LLC. This is a request 2002 Notice of Disapproval,regarding
for a Variance under Sections 100- the location of a structure,ooed at a spry
,143.A and 100-142, based on the swimming pool
2705
Building Department's January 10, Gillette Drive, East Marion; Parcel '
2002 Notice of Disapproval. Applicant , 1000-38-3-21.1.
' is proposing to construct a new building • 7:30 p.m. Appl.
Nso a request foS-
. located in the Light-Industrial Zone MAR REALTY.
a
1 District,_with a:building frontage Variance under Section 100-244BbbNs
(width)greater than•60 ft.long,and at on th20e
ing ng Department'sof Difor the \
less than 70 feet from the rear property
new rooms,as owner resident occupying this
line, at 640 Church Lane, Cutchogue; location40 fromaboth frontlproperty lines,at dwelling.
100:15 p. 11.1. ells p.m. Appl.No.5068-CHRIS- 2
6:15 Appl.No. -JOHN 380 Marina Lane,East Marion; Parcel TINE AND GLENN DAWSON, 1---
re
r 2
and CYNTHIA KISTMER.ianceu This is a 1000-35-8-5.14.
request for a Variance under Section 7:40 p.m. Appl.No.5097-J.AND regarding a request for a Certificate of 1
This is a request for a Occupancy for two single-family tesi-
100 33, based ori the .Building C.SLECKInder denial structures located at 150
Department's November 20, 2001 Variance under Section 100 ding and Broadwaters Road, Cutchogue; Parcel /
Notice of Disapproval regarding appli- 100-244B, based on the Building 1 1Q4-10 8. Applicants:(1)request
cant's"as built"location of an accesso; Inspector's January 28,82002 Notice-of an 0-104Interpretatiori of Section 100 2410 '
ry storage building in an area other than Disapproval re ardig the reconstruc- -and 100-242A of the Code;-and_
the required rear yard, at 300 Holden_ tion of the dwellin with addition(s). (2)Appeal for a Variance Zoningor other relief,-1 �,'
Avenue,Mattituck;Parcel 1000-110-2- The proposed" suilt at lesstion with than 10 feet on regarding the Building Department's
9.
6:25 p.m. Appl.No. 5086-JOHN one side yard and less than the mini- Notice of Disapproval dated December14, 2001, which' states that an
AND KATHLEEN AHEARN. This is a muni 25 feet total for both sides,at 150 Accessory, cottage' n
request for a Variance under Sections Oak Avenue,Southold;Parce11000-77- Accessory, nonconforminge basedupon the t age'is
g
{ 100-242A and 100-244B,0ntbased o14,the 2-5. non-ha1 No. 5121 - CUS- Inspector's Housing Code Inspection
Building Department's January 14, 7:50'p.m. Appl. INC Thispepursuant to
ave Notice to Disapproval. Applicants TOM is request for DESIGNER
Variance HOMES,
Section Reportce oXXIV,Section 100-2410,which
havenrequested a building states:
construction of a rear deck addition 100-32 based on the Building a nonconforming use of a 1
which does not meet the side yard Department's March 4, the002 Notice"as built"obuildingWhenever remisnc has disse of a
requirement of 10 feet on one side and •Disapproval, regardingg bud for ora period a more beend two(2) '
15 feet on the other side, and which location of a proposed new dwelling,at yearsor haspchanged than higher
exceeds the 20 percent lot coverage lim- less than 50 feet from a front property Main classification beenoto c a conforming ash use,
itation of the code. Location of line facing a Road,Greenport;Parcel 1000-3t x51-5-5.1. . anything in this Article to the contrary
Property: 480 3.Dawn Drive,Greenport; 7:55 p.m.Appl No.5129-ARLENE -notwithstanding,the nonconforming use i
1000 35-5-13. requestof such building or premises shall no -;
6:35 p.m. Appl.No. 5087 -JOAN • YOUNGMAN.,This is a fora
WOODlonger be. This is a request for a Variance Variance under Section 100-33C,basedpermitted unless a variance
bythe
under Section 100-244B based on the . on the Building Department's February therefod r-shall have been granted
Building Department's December '20," 22, 20022 Notice of Disapproval, 8x35 f Appeals. L- ; .IS.
2001 Notice of Disapproval. Applicant requestingrelief from t e No.set asks - 8:3. p. . Appl.No.5077 and ii 597:-
is proposing to construct additions/alter- restricted under ZBA Appeal (Continuation from . , ch 21,2002
to a 'anonconformingttl o accessorygry dated bOctoldinr g 2001,The for
builtcloca- HearingsCalent• `or ad,r.,-�al infor-
building, with 'a total lot, coverage ry garage buildingis less than illation �.�• •pplicant.)
exceeding the code limitation of 20 per- tion of the garage
cent. -Location of Property: 8910 10 feet from the side property line and Board of Appeals will hear all
Peconic Bay Boulevard,Laurel Parcel line, aless titsOfeet closesstpoints m the froLocation of to be heard at each hearingersons,or their ,or desiring
12 6:45 p.m. Appl.No.5089-'GARY Property: 1010 Salt Marsh Lane, to submit written statements before the
'AND JOANNA CAMPO. This is a • Peconic; Parcel 1OQ0-68-3-6. conclusion of the hearing. Each hearing •
I request for a Variance under Section 8:00 p.m.Appl.No.5075-DIANNE will not start earlier than the time desig-
6 Department's
based-anon the2 Building
DANEK. This is a request for a Special nated above. - Files,are available for
4�'i • Department's January 31,2002 Notice Exception permit under Zoning Code review yuring`remulari Town Hall ques-
(` of Disapproval.Applicant is proposing Section 100-31B-14,to establish a Bed ness days(8-3 p.m.). y
I to construct an addition at less than 35 .and Breakfast Use as an accessory to the tions,please do not hesitate to call(631)
1 feet from the rear property line,at 650 applicant-owner's single-family 765-1809.
Three Waters L''ane, Orient; Parcel , dwelling use at 290 Private Road 432, Dated:G arch 2D 9, 002. GER,
i1000-15-6-24 also referred'to as.Great Pond,Way, - CHAIRMAN '
' 6:50 p.m. Appl.No. 5090-JOHN Minor Subdivision of_ Community SOUpHOLD TOWN
AND SUSAN BEDELL. This is a Development Agency Lot#3,Southold; BOARD OF APPEALS
Parcel 1000-59-9-10.3. Applicant pro- • Town Hall 4
request for a Variance underheBuilSectding
poses lodging for up to four(4)guests 53095 Main Road
100.2trne based on the Building d a maximum of two(2)guest B&B
Department's January 25, 2002'Notice
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD.NEW YORK
- x
In the Matter of the Application of
AFFIDAVIT
ANLT-10 C 0,E5 1 OF
(Name f Applicants) MAILINGS
CTM Parcel #1000- Q3 - ; -
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, 1 . t > f �YL� residing at lct(O �C�l �s kVc_
, New York, being duly sworn, depose and say that:
, On the f 0 day of Pckt , 2002-1 personally mailed at the
United States Post Office in , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the official records on file with the ( ) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the a%'cant's pro ert
( ignature)
Sworn to be ore mQ this
/0 da; of , 200D.
I ,� f1 JOYCE M.WILKINS
�'L._. �/Vk`�i�-- Nork
N®4952246,State of Cour y
�' YY
4ary Public) Term Expires June 12, 91_60�
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.
I(kU r'.-C1.5 1 � 5:k 14 f
((X1 7,1 — r,a,NtIAA
two —93 l — C,3 — 2cy� c,ti\
s
A
ZONING BOARD OF APPEALS .
TOWN OF SOUTHOLD:NEW YORK
x
In the Matter of the Application of
AFFIDAVIT
.4 ° CD t SX OF SIGN
Name df Applicant) POSTING
Regarding Posting of Sign upon
Applica is Land Identified a
1000- U1') - 1 - G,
---- —x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, DAGO -NAVA& residing at l j(io 10,1065
-Ackk,
i v1 , New York, being duly sworn, depose and say that:
On the 'Q day of ke-AL. , 2002, 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 right-of-way (driveway entrance) -facing the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has remained in place for seven days
prior to the date of the subject hearing date, n ' h hea no daf. was shown to be
Sig .;ire)
Sworn to before me this
/0 day of ark—P, 200
✓( JOYCE M.WILKINS
Notary Public,State®f New York
'i ( otary Public) No.4952246,Suffolk County
Term Expires June 12, Cc
*near the entrance or driveway entrance of my property, as the area most visible
to passersby.
ftl
Chapter 58, NOTICE OF PUBLIC HEARING
[HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995
as L.L. No. 25-1995. Amendments noted where applicable.]
§ 58-1. Providing notice of public hearings.
Whenever the Code calls for a public hearing, this section shall apply. Upon
determining that an application is complete, the board or commission
reviewing the same shall fix a time and place for a public hearing thereon.
The board or commission reviewing an application shall provide for the
giving of notice:
A. By causing a notice giving the time, date, place and nature of the
hearing to be published in the official newspaper within the period prescribed
by law.
B. By requiring the applicant to erect the sign provided by the town,
which shall be prominently displayed on the premises facing each public or
private street which the property involved in the application abuts, giving
notice of the application, the nature of the approval sought thereby and the
time and place of the public hearing thereon. The sign shall be set back not
more than ten (10) feet from the property line. The sign shall be displayed for
a period of not less than seven (7) days immediately preceding the date of
the public hearing. The applicant or his/her agent shall file an affidavit that
s/he has complied with this provision.
C. By requiring the applicant to send notice to the owners of record of
every property which abuts and every property which is across from any
public or private street from the property included in the application. Such
notice shall be made by certified mail, return receipt requested, posted at
least seven (7) days prior to the date of the initial public hearing on the
application and addressed to the owners at the addresses listed for them on
the local assessment roll. The applicant or agent shall file an affidavit that
s/he has complied with this provision.
OFFICE OF
da ZONING BOARD OF APPEAL
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Email: Linda.KowalskinTown.Southold.ny.us or
Paula.Quintieri@Town.Southold.ny.us
(631) 765-1809 fax (631) 765-9064
, April 3, 2002
Re: Chapter 58 — Public Notice for Thursday, April 18, 2002 Hearing
Dear Sir or Madam:
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 now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with the above sketch or survey showing the new construction area, or details of
your request, by Wedneday, April 10th, 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.
When picking up the sign, a $15 check will be requested for each metal stand as a deposit (if
needed). There is no cost for a poster without a stand. Please post the Town's official
poster/sign no later than April 1lth. Securely place the sign on your property facing the street, no
more than 10 feet from the front property line bordering the street. (If you border more than one
street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain
in place for at least seven (7) days, and should remain posted through the day of the hearing. If
you need a replacement sign, please contact us.
By April 16th, please either fax or deliver to our office your Affidavit of Mailing (form enclosed)
with parcel numbers noted for each, and return it with the white receipts postmarked by the Post
Office The original Affidavit is due not later than the date of the hearing. Also, when the green
signature cards are returned to you by the Post Office, please mail or deliver them to us before the
hearing, if possible. If any signature card is not returned, please advise the Board at the hearing.
These will be kept in the permanent record as proof of all Notices.
By April 18th, and after the signs have been in place for seven (7) days, please submit your signed
Affidavit of Posting to our office. A copy may be faxed to us, with the original furnished during the
hearing
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures Zoning Appeals Board and Staff
P.S. Please pick up the poster sign between Monday and Wednesday, April 9th_11th between 8-12, or
1:30-4. Thank you.
cowai
Southold Town Board of Appeals -7- august 19, 1971
(The Bo -rd and Mr. Harrington discussed self-locking ga es,
2" square mese, fencing and stockade fencing. )
MR. HARRIN ".GN: We built a basketball court. We .-ve about
8 feet between th- court and the pool.
THE CHAIRMAN: ` s there anyone present who wis _es to speak
against this appl .cat .=n?
After investigation and inspection the B. rd finds that
applicant requests permis• ion to locate accesory structure (pool)
in front yard area of prop.,• ty located on ' ne north side of
Carrington Road, Cutch:Ogue, ew York. T." Board finds that
previous construction before - oning did _ot provide for adequate
room for accessory pool in sid= or re- yard. The house is set
back 36 feet from the properly ,tne. The--property is only 60 feet
deep at Carrington and Haywater lo= s. The sw .mming' pool will
be set in front of the garage and sill. be 17 feet back from the
property line. This area of the .•ro.ertj has l42 foot depth.
The Board agrees with the reas• ing f the applicant.
The Board finds that s act applisation of the Ordinance
would produce practical d .% iculties or '. .necessary hardship;
the hardship created is _ique and would of be shared by all
properties alike in the mmediate vicinitt of this property and
in the same use distri t; and the variance sill not change the
character of the neigborhood and will obser e the spirit of the
Ordinance.
On motion by .ter. Bergen, seconded by Mr. G •igonis, it was
RESOLVED, oy Harrington., Carrington Road, G tchogue, New
Yo , be GRA:DILI permission to locate accessory st.:ucture (pool)
in front yar. area of propefty located on the north side of
Carrington 'oad, Cutcbogue, New York, subject to the following
conditions
No ,,ortion of the swimming pool structure, includi•_ fence,
sh- 2 be closer than 35 feet to Carrington Road.
I nimum size of fence shall be L. feet.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, :ti.ise,
Gr`gonis.
PUBLIC HEARING: Appeal No. 1453 - 8:30 P.M. ( ` S.T.), upon
application of Gene Heacock, Cedar Beach Road., Southold, New York,
for a variance in accordance with the Zoning Ordinance, article
III, Section 303, and Article X, Sections 1000A & 1000B, for
permission to occupy undersize second dwelling on lot with
Southold Town Board Appeals -8- A :_e st 19, 1971
insufficient area, upon Order to Remedy Violation from the
Building Inspector for using unauthorized second dwelling on
premises. . Location of property: north side of Cedar Beach
Road, Southold, Kew York, bounded north by A. Weymouth, asst
by Peconic Bay, south by Cedar Beach Road, west by Gasper
Pisacano. Fee paid 0.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavit attesting to
its publication in the offi.oial newspapers, and notice to the
applicant. (The Chairman also read letter addressed to the
Building Inspector from Mr. Pete Weymouth) .
THE CHAIRMAN: Is there anyone present who wishes to speak
for this application?
(There was no response.)
TBE OBAIRNI: Is there anyone present who wishes to speak
against this application?
. FETE M HWTH: I live adjacent to the Heacock property,
to the north. The statement was made that it would not change
the surrounding area. If you convert a garage into a house, cars
will be parked outside. . They don!t have enough land there. If
something like this starts, you will have everyone living in his
garage.
TIS ON..AIREAN: Mrs. Heaeock said she would withdraw. Does
anyoneelse wish to speak against this application?
(There was no response. )
TBE CHAIRMAN: The big house was rented to, a doctor whose
daughter had an_operation. Ere. Heacook did not want to pat
him out while the child was still recuperating. When the appeal
takes effect, as of this moment, Mrs. Heacook will be breaking
the law, but I imagine they have already moved out of the garage.
After investigation and inspection the Board finds that
applicant requests permission to occupy undersized second
dwelling ori lot with insufficient area; upon Order to Remedy
Violation from the Building Inspector for using unauthorized
second dwelling on premises at north side of Cedar Beach Road,
Southold, New York. The Board finds, as stated by the Building
Inspector, that two families have been living in garage with
less than 85O sq. ft. , no 0.0. , the garage has a kitchen, and
is- a second dwelling on the premises. -
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary hardship;
the hardship created is not unique and would be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will change the
character of the neighborhood and will not observe the spirit of
the Ordinance.
Southold Town Board öf Appeals -9- -August 19, 1971
On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was
RESOLVED, Gene Heacock, Cedar Beach Road, Southold, New York,
be DENIED-permission to occupy undersized second dwelling on lot
with insufficient area; upon Order to Remedy Violation from the
Building Inspector for using unauthorized second dwelling on
premises. Location of property: north side of Cedar Beach Road,
Southold, New York.
Vote of the Board: Ayes:- Messrs; Gillispie, Bergen, Hulse,
Grigonis.
u: IC HEARING: Appeal No. -1454 - B:40 P. I. (E.S.T ), upon
applipati• of_Daniel B. &- Elizabeth M. Dons, 240-61 De Pew
Avenue, Dour, aston, New York, for a variance in accord-.. ce with
the Zoning Or*. nance, Article III, Section 303, for p= mission
to occupy exist' g dwelling on lot with insufficient area.
Location of grope •ty: north & east side of Birch Df ive, south by
Mary- B. Mansell, w: t by Venteau Corp. Fee paid 5.00.
The Chairman open:d the hearing by readi- : the applieastion
for a variance, legal n• ice of hearing, aff'davit attesting to
its publication in the of .icial newspapers and notice to the
applicant.
THE =MEAN: Is there -. _gone pre ent who wishes to speak
for this application?
RICHARD CRON, EE44.: I am re - =setting Daniel B. & Elizabeth
M. Lyons. I make reference to the act that ,there was a variance
granted in 1957.
The Chairman read from mi rtes of - =,ane 27, 1957, Appeal No. 5,
Venteau Construction Corporat' on. •
1971
For the record:. Appl" ation dated Au: st43rd amended to read
"June, 1957x, not "June l' .7".
THE CHAIRMAN: I w 11 summarize the backgound of this appeal.
The Venteau Construct on Corp. apparently got a*proval of a block
with small lots from :,he Town Board and they dev� loped the houses
on Peconic Bay Blvd , and they built one more hou, •e on the corner
of Birch Road in beck of the first block of houses These back
lots were the sa k, width as the front lots. They c-ne here to
ask if they coin ' continue building. Apparently, i. 1957, just
after zoning h-d gone in, her. Rosenberg was willing t* compromise
on 1001 x 901 which was still under the 12,500 sq. ft. which
existed fro- then until now. No more was heard from th's property
until Nov- ,ber, 1970, at which time John Venteau sold to- Alfred 3.
Aron. }G . iron kept the property with the house on it, approxi--
mately 90 to 95 feet in length and 75 feet in width, for a little
over six months, and then sold it to Daniel Lyons. This came to
our attention at the last meeting when we discussed it at length.
I •ffered to see the Town Counsellor to ask if there was any
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"'%w,/44° Telephone SO 5-2660
APPEAL BOARD
MEMBERS
Robert W. Giliispie, Jr., Chairmen
Robert Bergen
H.,rbe"t Porartibecg
Charles Gregonis, Jr.
Serge Doyen, Jr.
Fred Hulse, Jr.
MINUTES
SOUTHOLD TOWN BOARD OF APPEALS
June '25,, 1964
-A. regular meeting of the Southold Town Board of'Appeals was
held •7:30 P.M. ,, Thursday, June 25, 1964, at the Town Office, Main
Road, Southold, New York.
There were present: Messrs.' Robert-W. Gillispie, Jr. , Chairman,
Robert Bergen, Fred Hulse, Jr.
Absent: Charles Grigonis, Jr. , and Serge Doyen, Jr.
Mr. Henry W. Flaack, of J.C.P. Contracting Corp. appeared before
the Board for an informal discussion. He wishes to put a tempofary
contractors yard for state highway improvement work on the corner of
Ackerly Pond Lane. The Board advised him to fill out an application
for a variancd..
PUBLIC HEARING: Appeal No. 671 - 7:30 P.M. (E.U.S.T. ), upon the amended
" application of R.G. Terry, Esq. , Southold, New -York, a/c Charlotte K.
Gittinger, 3 Forest Drive, Springfield, New Jersey, for a variance and
recognition of access in accordance with the- Zoning Ordinance, Article Inc
Sections 303, 304, 307, 308,,- Article's, Section 1000a, and the ,State of
New York Town Law, Section 280A, for permission to divide lots with in-
sufficient frontage, and for approval of access. Location of property:
north side Cedar Beach Road, bounded north by land of 'applicant, east by
Bay, south by land of applicant, west by land of applicant. Fee paid $5.00.
Southold Town Board of-Apper1s -2- June 25,, 19b
The-Chairman reopened the hearing by reading the amended
application ^for a variance and recognition of access, legal
notice of hearing, affidavit attesting to its publication in
the official newspaper,, and notice to the applicant.
The Chairman reviewed the facts of the case as they were
presented June 11, 1964.
GEORGE-McMANN,JR.-,ESQ.: Before any further testimony be given
on behalf of this petition,,. I would like to make a motion that the
petition be dismissed from this Board. This Board does not have
the power to give permission to divide lots. This petition does
not come under the jurisdiction of the Board of-Appeals as per
Section 335 of the Real Property Law.
(George McMann,Esq. read part of this section which stated
in part that when an owner or agent subdivides real property into
lots,, plots,, blocks,, or sites, with or without streetslfor• the
purpose of offering such lots, plots, blocks,, or sites for sale
to the public, regardless of how they are conveyed, to file or
cause to be filed in the office of the county clerk of Suffolk
County a map thereof together with a certificate of the surveyor
endorsed on the face of such map certifying same to have made
from an actual survey of the property and the date of the com-
pletetion of the survey. )
• i
THE-CHAIRMAN: The map hasn't been filed in. the' County-Clerk's
Office?
GEORGE McMANN,JR. ,ESQ.: No it hasn't been filed. The relief
in this petition should be in the Planning Board and not in the
Board of- Appeals. This Board lacks jurisdiction in this petition.
To divide property you must file a map in the- County Clerk's office,
and it has to be submitted to the' Planning Board, not the- Zoning
Board:
THE CHAIRMAN: We have recently obtain a ruling to act on
cases such as this one. We handle up to 4 lots being divided,
and this petition would come under us.
GEORGE McMrANN,JR. ,ESQ. : I still ask- that this petition be
dismissed, this Board has no power of grant, it.
THE'CHAIRMAN: I will have to deny your motion. I think this
Board is acting properly in giving this application relief in this
situation.
A
Southold Town Board of Appea1.:'s -3- June 25, 196-)
IThete was a great deal of discussion' about how,-many lots the
Board of Appeals can act- on. R. Terry,Esq. advised the Board could
act on an application up to 4 lots. - - George McMann,Esq. felt that
such action was in violation of -the Real Property Law)
THE CHAIRMAN: Is there any other legal agrument to be presented why
this application g-hotalanEtbe granted?
R.G0 TERRY,ESQ.: . I don't want to prolong the matter. I would
ask that the Board give favorable' censideration to this application.
THE CHAIRMAN: ,Are there any-other questions?
HOWARD SCHWARTING; Member of,-Civic Association: The application
has sections 304, 307, 308, which permits to vary the side line and
the the lot lines. If this continues• to be the case' of the Board
of'Appeals to rule on cases like this, I think the-Civic Association
is going to, take, some steps on this. If this continues there is
going to- be a serious situation in regard to sewage control and in
the regulations set up by the Town. Ordinance. Here you say that
the Town Ordinance was brougljt into effect April 28, 1958 to provide
for 'the health,.saftey, and welfare morals of the Town, and if you
cut up property like this it will effect the property-rights of the
people who are coming out here.,'to buy:land. This whole thing should
have set standard side lines, 'and rear lines. There are over 60
amendments to this Ordinance:,,.,.
THE CHAIRMAN: I have nothing to do with the amendments.
HOWARD' SCHWARTING: I know this Ordinance should be rewritten.
THE CHAIRMAN: Every-Ordinance has to adopt itself as it goes
on. - What was true 100 years ago isn't true today. What happen
10 years ago isn't true today. Three houses were bought prior to
the- Zoning Ordinance. The total property between these houses and
the lot is 2% acres or• something like that. The purpose of this
Board is to relieve hardship. Don't you think it's a' hardship to
sell three houses on ,one piece of land?
HOWARD SXHWARTING: I would try to sell the whole thing as
one parcel of land.
THE CHAIRMAN: They have tryed to sell it for 5 years as one
parcel.
Southold Town Board of Appeo.�s -4- June 25, 19L'
HOWARD SCHWARTING: What is going to be the number of square
feet- that is allowed. - Can you just divide any lot3
HOWARD .TERRY,Building Inspector: You would still have to get
an application for 'a variance.
• HOWARD SCHWARTING: Would it be part of the record?
THE CHAIRMAN: It is part of the record right now.
HOWARD SCHWARTING:What is the frontage?
(The Chairman explained the baundries of each lot and what
the area and frontage was. )
TIDE- CHAIRMAN: I beleive they alli have beach rights also, is that
correct?
R.. TERRY,ESQ®:' Yes;, each one has beach rights.
HOWARD SCHWARTING: What is going; to happen by cutting up these
lots. What:s going to happen in the future?
THE'CHAIRMAN: You are off t1-i.e subject. This permission is
asked to give single title to the property.
HOWARD SCHWARTING: I agree,,• as long as it doesn$t conflit with
zoning. People come out here, buy land, and build modern houses
on it. Retired people like me and yourself. What's going to
stop someone from coming in the future and changingihis into a two
family dwelling?
THE'CHAIR14A'N': I am not sure that legally-you can do that,
•
MR. WETMORE: They are just-talking about the sale of the
house, but we have the property to sell also.
MR. HULSE: Mrs. Gittinger will not sell unless this variance
is granted. He won'3t buy that unless this variance is granted.
'GEORGE MCMANN,JR. ,ESQ.: She could sell this as one piece if
she wanted to$, so there is no hardship.
THE'CHAIRMAN: The thing that delayed this hearing is that you
said this Board does not have power to subdivide property.
- - - - -
, Southold Town Board of Appea:Cs -5- June 25, 196--.
GEORGE MCMANN,JR. ,ESQ.: So she still doesn't need this
variance.
THE 'CHAIRMAN: To sell these three houses she needs this
variance. The buyer won't buy unless this variance is granted.
GEORGE McMANN,JR. ,ESQ.: He doesn't need a variance now, he
needs it in the future.
THE'CHAIRMAN: He wants to be in the position so that if' a
chance comes to sell these lots they will be in separate ownership.
He has to look into the future.
GEORGE MCMANN,JR.ESQ.: He doesn't have the hardship until the
time he has to sell.
MR. BERGEN: He won't buy these lots unless they are divided
into separate l+ s.
THE CHAIRMAN: The lots and houses have always been there.
Nothing is going to be changed, everthing will remain exactly
the way it has always been.
ROG.TERRY,ESQ.: Unless there is anything further against this
application, -I will again ask that the Board give favorable consider-
ation to this application.
THE CHAIRMAN: Is there anything else to be said against this
application?
(There was no response.)
THE CHAIRMAN: i agree with the reasoning in the application.
After investigation and inspection the Board finds that-Charlotte
Gittinger wishes to obtain permission to divide lots and to obtain
approval of access. The Board finds that the best- solution to this
is the division by Otto Van Tuyl, as shown on a survey revised June
18, 1964. The final dividing lines should be as shown on the
survey by Otto Van Tuyl,, revised June 24, 1964.
The Board finds that the applicant has tried for five years to
sell these three houses located on one single lot. The applicant
now has a buyer for these houses, however the lots bmust be divided
before the sale will take place. This variance is necessary to
comply with the requirements of the Zoning Ordinance of the Town of
Southold. The Board knows of no other way to divide this property
without causing a unique and unnecessary hardship. This variance
ousesnaxnia jotsc iaveea.Lwayshmeentteher°e and wa L remain hee same the
-- ---I f--- i -
Southold Town Board of'Appeal.-s -6 June 25, 196 --'
{
These conditions were all created before zoning came into effect, and
there was no- futtre insight of zoning. The Board also finds that
the access requested is accessible to ,fire trucks and other emergency
equipment.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the hardship
created is unique and would not be shared by all properties alike in
the immediate vicintiy of this property and in the same use district;
and the variance does observe the spirit of the Ordinance and will o
not change the character of the district.
On motion by Mr. Gillispie„ seconded by Mr. Bergen, it was
RESOLVED•-that R.G. Terry,Esq., Southold,, New York, a/c Charlotte
K. Gittinger, 3 Forest-Drive, -Springfield, New- Jersey, be granted
permission to divide lots with insufficient frontage and be granted
approval of access. The lots shall be divided as shown on the
survey by Otto Van Tuyl, revised June .24, 1964.
Vote. of the Board: Ayes: Mr. Gillispie, Mr. Bergen, Mr. Hulse.
PUBLIC HEARING: Appeal No.'\,673 - 7:40- P.M. (E.D.S.T. ) , upon the
amended application of Herbert W. Wells, Jr.,=- Southold, New York,•
a/c Vail Brothers, Inc.,• Main Road& Peconic, New York,; for a special
exception in accordance with the. Zoning Ordinance, Article N, Section
400, Subsection 9,, for permission to install a parking lot to sell
used and new cars. Location, of property: north side Route 25, Peconic,.
New York,, bounded north by land now or formerly of-A. Cierach& east
by land now or formerly of A. Cierach,, south by Main Road, west by
other land of applicant. Fee paid $5.00.
The Chairman opened the hearing by reading application for
special exception, legal notice of hearing, affidavit attesting
to its publication in the official newspaper, and notice to the
applicant.
THE CHAIRMAN: Is there anyone present who wishes to speak in
favor of this application?
HERBERTEWELLS,JR.: •I hope that the Board will approve the
application.
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