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HomeMy WebLinkAbout4870..... ~ARF-, -.~D~TO R.O.W. North Side Main Rd., Orient ~1 / 13 / 83 CA-approval of alternative access over rights-of-way. 13-2-4 construct a accy. 7/8/85 #3381 Permission to building in front yard. /5 9-~-%4.North Side Main Rd., Orient ~Jf~ 10/21/82 approval of access pursuant to N.Y. Towr[ Law. 13-2-4 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ~ REGULAR MEETING OF MAY 3, 2001 /~ · Appl. No. '-~ DR. VALLO BENJAMIN 1000-13-2-4 STREET & LOCALITY: 29315 Main Road, Odent DATE OF PUBLIC HEARING: May 3, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situated on a pdvate right-of-way which extends off the north side of State Route 25 (Main Road) in Orient. The lot is 3.036 acres and is improved with a single-family dwelling as shown on the survey updated October 16, 1999 prepared by Joseph A. Ingegno, L.S. The dwelling is situated 43.5 feet from the top of the bluff 43 feet from the west (side) property line, 1185 feet from the east side line, and at least 300 feet from the front property line (driveway entrance area). BASIS OF APPLICATION: Rehearing Request and Resolution Adopted by the Zonipg Board of Appeals of November 16, 2000 and April 17, 2001, related to prior Appeal No. 4786 and the Building Inspector's February 2, 2000 Notice of Disapproval which states that under Section 100-32 of the Zoning Code, a minimum side yard setback is required at 20 feet for the "as built" pool and deck construction. AREA VARIANCE RELIEF REQUESTED: Applicant requests a vadance for a small portion of an as- built deck construction around the as-built swimmingpool. The southwest corner shows a setback of 16 feet between the deck and the westerly side property line. All remaining portions of the deck meet the minimum 20 ft., setback required by code. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the applicant currently owns the adjacent property and has agreed to grant an easement to give the appearance of the conformity with the setbacks. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the pool and deck already exist. 3. The requested area variance is not substantial, representing a 4x15+- ft. area at one comer section of the deck. 4. There is no evidence that grant of the vadance will have an adverse effect or impact on the contiguous property to the west. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was Page 2 - May 3 20_01 ZBA AppI. No. ~l~p~ V. Benjamin 1000-13-2-4 at Orient RESOLVED, to APPROVE the variance as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: Applicant shall provide a written easement, in legal form, recorded in the Office of the Town Clerk, over this lot, which easement will state provisions for planting of evergreens or similar trees staggered on the west side of the pool as a continuous landscaped buffer of staggered trees, with a copy of this easement furnished to the ZBA for filing and permanent recordkeepin,q; and Applicant and future owners shall continuously maintain the landscaped buffer of ever,qreen or s m ar tree p ant n.qs on the west side of the pool/deck area. VOTE OF THE BOARD: AYES: Members Goehri~), Dipi~qlJTT6~a~a~ Horning. This Resolution was duly adopted (4-0), I E SURVEY OF PROPERTY SITUATED AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-1,3-02-04 SCALE 1 "=40' AUGUST 14, 1998 SEPTEMBER 8, 1999 ADDED PROPOSED GARAGE OCTOBER 16, 1999 LOCATED TOP OF BLUFF AREA = 132,261.84 sq. ff. Cro T~E UNE) 3.038 ac. N.Y.S. Lie. No, 49868 Joseph A. Ingegno Land Surveyor DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECLmVE THOMAS ISLES, AICP June 4, 2001 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 Conunission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-cormnunity impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Benjamin, Vallo Tirado, Leonard Alessi, Leo & Virginia Kerbs, Jon C. Cantone, Grace Schriber (Joh & Ross (Jane) Leddy, John Hokanson, Richard Soto, John Corrazini, Paul Kontokosta, E.M. Cichanowicz, Frank Gallagher, Eileen Tirado, Leonard Kohs, Daniel and Mary Alice Wilke, William 4786 4913 4922 4926A 4929 4930 4931 4932 4933 4934 4935 4940 4941 4946 4947 4951 Very truly yours, Thomas Isles Director of Planning LOCA~ON N LEE DENNISON BLDG- 4tH FLOOR lO0 VETERANS MEMORIAL HIGHWAY S/s Gerald G. Newman HAILING ADDRESS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 To: Suffolk County Department of Planning Pursuant to Article XlV of the Suffolk County Administrative Code, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Department of Planning: Appl. #4931 - John Ledd¥/Front yard setback variance for an addition: Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) Cutchogue Harbor Appl. #4922 - Leo & Virginia Alessi/Front yard variance for garage Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) Cedar Beach Harbor Appl. #4946 - Leonardo Tirado/Denial of Fence Height Variance, Cutcho.qu~, Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) Little Peconic Bay ( ) Boundary of Existing or Proposed County, State, Federal land. Appl. #4913 - Leonardo Tirado/Frontyard variance for pool at Cutcho.que. Within 500 feet of: (X) Little Peconic Bay. Appl. #4934 - Paul J. Corazzini/Rear yard variance for new building. Within 500 feet of: ( X ) State or County Road S.R. 25, Greenport ( ) Waterway (Bay, Sound, or Estuary) Appl. #4932 - Richard Hokanson/Lot coverage variance for porch (new dwelling), Southold. Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) Appl. #4933 - John Soto/Front yard variance for swimming pool at Cutcho,qu~.. Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) Appl. #-4929 - Grace Cantone/Frontyard variance for addition at Mattituck. Within 500 feet of a Waterway (Bay, Sound, or Estuary) Page 2 - May 14, 2001 To: Suffolk County Dept. of Planning Re: Suffolk County Charter Referrals Appl. #,4935 - E. M. Kontokosta/Bluff setback variance for pool at Greenport. Within 500 feet of L.I. Sound. Appl. #4930 - J. Schriber/J. Ross/Front yard variance for addition and pergola. Within 500 feet of Cutchogue Harbor, New Suffolk. Appl. #.4947 - Daniel Kohs. Side yard variance for addition at Southold. Within 500 feet of Waterway at Laughing Waters. Appl. #4941 - E. Galla.qher. Front yard variances for addition at Southold. Within 500 feet of Waterway at Laughing Waters. Appl. #4940 - Frank Cichanowicz. Side yard variance for pool location. Within 500 feet of Waterway at Hall's Creek, Mattituck. Appl. #4951 - W. Wilke. Bulkhead setback variance for deck addition. Within 500 feet of Waterway at Jockey Creek, Southold. Ap/~pLpl. ~870 - V. Benjamin. Si~yard variance for as built deck. t,,.~thin 500 feet of Ll..~3und~, Orient. (Previous denial under #4786 (3~2~00). Copies of related documents are enclosed for your review and file. If any additional information or documentation is necessary, please call us at 765-1809. Thank you. Dated: May 14, 2001. Gerard P. Goehringer, Chairman By: TO Vallo Benjamin 530 1~ St Suite 7W New York NY 10016 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. UPDATED NOTICE OF DISAPPROVAL DATE; August 25, 2000 Please take notice that your application for amendment to your permit dated Jan 14 2000 For permit to construct a deck addition at Location of property 29315 Main Rd. Orient NY County Tax Map No. 1000 - Section 13 Block 2 Lot 4 Subdivision Filed Map # Lot # Is returned herewith and disapproved on the following grounds Proposed addition to deck not permitted pursuant to Article III Section 100-32 which states.... No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking ScheduleEN incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. Bulk schedule requires a minimum side yard setback of 20 (twenW) feet. Pronosed side yard setback is +/- 15 (fi~een feet). TOWtl OF $OtITIIOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPF~L HO. DATE ............ 1'O TI IE ZONING BOARD OF ^PPEAkS. TOWN OF SOUTI-IOLD, N. Y. Vallo Benjamin Main Road, Orient I, (We) ....... N~,ne of Appellont Street and Humber Southold ...... .~.~. ............... HEREBY APPEAL TO ........................ Municipality State THE ZOI,ilNG BOARD OF ^PPEALS FROM TI IE DECISION OF '~'IE BUILDING INSPECI'OR ON APPLICATION FOR pERMIT NO ..................................... DATED ...................................................... WHEREBY TI'IR BUILDING INSPECTOR DENIED '~O Vallo Benjamin Name al~ Applicant for permit of Main Road, Orient NY Street and Number AAunlclpolity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ' " (x) Building Permit (as amended) .. I. LOCATION OF THE PROPERTY ...~.9.~.~...~,~,n..~[~...(~n.~ ........... ~=~.~',..": ...... : ...... Street /llamlel; / Use District' on Z. or,ng /~op Distrtc~ 1000 Section 13Block 2 Lo~ 4 ..... ~ 'Vallo Benjamin _ __ ........ ~,.Cm,=-~ O~.ner " ............................. · Lot No. r O~ne~.t~ Mop No. Prt o 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of Ihe Zoning O(dlnance by number. Do not qpole Ihe Ordinance.) Article IV Sect. ion 100-32 3. TYPE OF APPEAL Appeal Is made I~erewith for (please check appropriate box) ( ~ A VARIANCE tc~ the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (Stole olr New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ) ( 4. PREVIOUS APPEAL A previous appeal (has) (MiJc~A~ been mode wllh respect to this declslo~ o~ Ihe Building Inspector or with respect Io this property.... S,ch appeal was ( ) requesl for a special permit { X) request for a variance Appeal No 4786 Appeal No 4786 . March 2, ~2000 end wo~ made In Appea! No ................................ .Dated ............................. , ........................................ - REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance lo the Zoning Ordinance (~ Variance for side yard setback Is requesled trot the reason thai pool and dec~ constructed without a variance, additional 4 f~et on corner of ~ec.k will provide a reasonable area for access aro6nd pool. Form ZlJI ' (Cantln.,,fe on other side) REASONS FOR AREA VARIANCE ONLY(to be completed by applicant) Do not use these standards for "use va~iance' or #s~ecial exception.' (Also attach sheets if' nec~ssa~, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby prope~ties, if granted BECAUSE: 2. The benefit sought by the applicant CA~o~ be achieved b~ some method, feasible for the applicant to pm:sue, other than an a~ea 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 environ~ental conditions in the neighborhood or district BECAUSE ' Has the alleged difficulty been self-created? ( ) Yes. ( ) 6. This is the minimum that is necessary and' adequate, and at ~he ~?me_tl??. pres'.er~.e and protect the character of the neighborhood and one neal~n, sa~e=¥ and welfare of the community. STATE OF NEW YORK) COUIITY OF SUFFOLK) Sworn to before me this (Applicant) Agent must at~ach written consent from owaer. day of , 2000 Notsr~ Public · .- . :x'clk/form.va=/t~ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a .financial interest in the subject premises and a description of their interests: {Separate sheet may be attached.) B. Is the subject pr~m~ses listed on the real estate market for sale or being shown to prospective buyers? { } Yes { x} No. (If Yes, please attach copy of ,'conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {x} No Bluffs D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulki~eaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above meson 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? N~ ~ e If none exist, please state "none." G. Do you have any construction t~%~ ng place at this time concerning your pr~mises? ¥~ if yes, please submit a copy of yotLr building per, it and map as approved by the Building Department. if none, please state- H. Do you or any co-owner also own other land close to this parcel? 7~5 If yes, please~exp~a~i~-where or submit copies of deeds. ~,%\ ~5~ ~%-rCc~ ~c3~°~ I. ~e last present use or operations ..onductad at this Authoriza/d Sign~e a~d Da ....... : Reason for Appeal Zoning Board of Appeals re: Vallo Benjamin Continued Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The property is isolated from surrounding properties. The adjacent property is vacant and pending subdivision approval. The Adjacent property known as Hill Crest Section II will be two acre lots, with two, three acre, waterfront lots. Doctor Benjamin has purchase the adjacent property. Due to the topography of the adjacent parcel in Hill Crest Estates Section II the building envelope for the adjacent lot will be on the westerly side of the lot and away from the subject property. 2. The benefit sought by the applicant achieved by some method, feasible for the pursue, other than an area variance. can not be applicant to The applicant has considered several alternatives. The first alternative is to acquire from the adjacent parcel the additional 4 feet to avoid a variance through a lot line change. However, in order to obtain 4 feet, the Planning Board would require the lot line to be 4 feet by the entire length of the property (584 feet), this would result in significant loss of property to the adjacent parcel. Not only affecting the adjacent parcel but also impacting the parcel to the south (lot #7) at Hill Crest Estates Section II. Lot #7 of Hill Crest Estates Section II must remain 2 acres in size in order to comply with Health Department regulations and a lot line change insufficient desirable to Several alternatives Board with respect recommendation is to four feet is a less change adding 2,336 would result in a more irregular lot with lot size. The lot line alternative is less the applicant and the Planning Board. have been presented to the Planning to the lot line change and their seek a variance. A variance of drastic alternative than a lot line square feet of property, of which only the area around the deck is necessary. The deck and pool have been constructed, the only variance is for an additional 4 feet at its closest point in order to provide comfortable walking and siting area on the easterly side of the pool. The pool is located at the greatest length from the bluff. The pool could not be located on the easterly side of the house because the underground garage entrance is on the easterly side of the house. In addition the bluff cuts into the property on the easterly side and the topography of the property slopes downward. The pool was not desirable at the front of the house in both design and aesthetics. The front yard has a circular driveway and slopes steeply downward. The existing waterfront deck will be integrated into the pool and deck creating a desirable design and enhancing the value of the property. The placement of the pool on the property is the logical location for a pool. A pool in the front yard would be very undesirable to the applicant, and detract from the design and function of the house. In addition, the applicant discussed with the Building department designing the pool in such a way as to be considered an accessory structure rather than as an extension of the principal structure, however the applicant would still require a variance to place an accessory structure in the '~side yard". Therefore this alternative, while considered, would not obviate the need for a variance. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. While the parcel is very large (132,000 sq.ft.) the property is constrained by the existing location of the house on the Bluff, the topographic conditions of the property and the irregular crest of the Bluff. The area of the parcel which can be developed is approximately 200 by 175 (35,000 sq.ft.) or only one acre. The standard setbacks for a one acre parcel are 15 feet. A 15 foot setback is commonly used in more developed areas and for nonconforming lots. The reduced setback will not impact the adjacent property. Moreover there was no objection to the proposed pool addition. In addition, the parcel is irregular with the front yard width being 175 feet and widening where the house is located to approximately 250 feet. The shape of the property requires a small variance for the front of the deck from four feet to no variance at all for the rear of the deck. Building a conforming deck would result in a architecturally nonconforming design given the very square architectural design of the house and deck. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The pool and deck will maintain the existing setback of the house and placed on the lot where the set back of the bluff increases. 5. The alleged difficulty was not self-created. Doctor Benjamin did not build the house, the house was constructed in 1987. The pool is reasonable in size given the value of the property. The decking around the pool is elevated off the ground and must be large enough to provide reasonable access and seating around the pool. Without the additional four feet the westerly side of the pool has only three feet, three feet is inadequate for comfortable sitting area. The open deck area along the easterly side of the pool is small, the second story deck covers the lower deck and the additional four feet provides desirable open deck area. 6. The variance requested is the minimum practicable given the personal benefits anticipated by variance the applicant. Several alternatives were considered and the four foot variance at the closest point of the deck to the side yard was the most practicable given the personal benefits anticipated by the applicant. We respectfully together with any necessary and reasonable. signature request that the appeal be granted, further relief that is deemed State of New York )ss County of Suffolk Sworn to this /o~Fday~ Notary Public Nota~' Public, State of N~w York Suffolk CountV - NO. ~xllmission Expires d~ PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary September 12, 2000 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Dr. Vallo Benjamin Appeal No. 4786 1000-13-2-4 Dear Chairman and Board members: We respectfully request that the Board grant the applicant a rehearing for the above appeal. Dr. Benjamin has purchased the adjacent Reese Property known as Hill Crest Estates Section II. This significant change of circumstances should be considered in granting Dr. Benjamin a rehearing of the variance. In b~u of a rehearing, we had presented a lot-line change alternative to the Planning Board. However, a lot line change appeared to the Planning Board as an extreme measure to obtain a four foot variance. The preferred solution is a variance. Doctor Benjamin respectfully requests the Board grant him an opportunity to appear with his Architect and his Attorney. He was not aware of the Board's procedures, his Architect was unavailable and he did not realize that he should have consulted with an attorney. The applicant wishes to have the opportunity to discuss the feasibility of alternatives, and to have his architect and attorney present. Enclosed please find an application, as amended, which sets forth the standards of a variance and the numerous alternatives considered, in addition, the application sets forth several facts which Doctor Benjamin should have presented to the board. Also enclosed is my client's check, please advise us of the appropriate fee. We thank you in advance for your anticipated cooperation and courtesies. Very ~r~y ¥0~urs, ~atricia C. Moore cc: Dr. Benjamin APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD November 8, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Request for Rehearing - Dr. V. Benjamin (Assigned File #4870) Dear Mrs. Moore: This will confirm that a preliminary conference has been scheduled for November 16, 2000 at 7:40 p.m We understand that Planner Craig Turner has brought the Planning Board's October 17, 2000 Memo to your attention. If there is any change for the above conference date, please let us know. Thank you. Very truly yours, Gerard P. Goehringer Chairman Enclosure (copy of PB Reply) PLANNING BOARD MEMBE~ BENNETT ORLOWSKI, JR. ~v) Chairman / /~i\\-~ WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: DATE: Zoning Board of Appeals Craig Turner, Planner Request for Variance for Dr. Vallo Benjamin SCTM # 1000-13-2-4 October 17, 2000 The Planning Board feels that a lot-line change is the preferred method of solving Dr. Benjamin's problem. This was discussed at one of our work sessions at length and the Planning Board was expecting a lot-line change to be part of the next set of maps for the Hillcrest Estates Sec. 2 subdivision. The Board recommends that the Zoning Board deny the second request for a variance. This matter can best be handled as part of the subdivision process. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. ~'dia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 MEMORANDUM TO: FROM: DATE: SUB J: Chairman and Members of the Planning Board ZBA October 10, 2000 Benjamin Property 1000-13-2-8.2 and adjoining Lot 4 Recently, we received a letter from Dr. Benjamin's attorney, Patricia Moore, who indicates that either she or Dr. Benjamin discussed a "lot line change request with the Planning Board as an alternative" to the ZBA's denial of a variance. It was also indicated in Ms. Moore's letter to the ZBA that the Planning Board thought a lot line change should not be submitted and a variance should be the solution to the setback issue. A copy of Ms. Moore's September 12, 2000 letter to the ZBA is attached. Would you please confirm whether the lot line change application was reviewed and the outcome of that review. Thank you. Enclosures: (2) b~-o DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of ~/~LL~ ~o4~/t]tA/. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practitioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: William ~.. Moore Al'Pi, JCANT 'i'll A N .'; A(YI'I (iN A I. I) [.qC I,O.q tJIt R The Town of Southold's Code of Ethics prohibits conflicts i, nteree.t, oIl the part of towel offioers and employees. Tho purpose og this gorm Is to provid~ iugornmtion wi{ich can ig to take whatever actiou is ~lecessary to avoid same. YOUI{ NAHK~ Valle Benjamin (Last name, filet .a.me, middle imm[till, u.leae' you are applyiu.g tn the .am~ of someone el~e or other e.tity, 6ueh a~ a company. Iff eof i.di~nte the other pereoll'a or Ool. pany'a name.) NATURR OF API'I01CA'rlONz (ChRclc all that apply. ) Warts.ce X Change dE zone Approval og plat ()tiler (la "Other," Ilalll8 tile activity.) employee of the Torn ug Southot(ll "ReIat[on~hlp" [q~[il(ieR vhich ~lie ~ovn o~teer or empJ.()~ee lln~ even u pac~tflt offnecqhLp dE (dC oml)loymeli~ b~) ~ cocj)oca~ton ~li vhteh Ule ~oun o~tee~ dC employee ovn8 mote Lhali 5~ o~ Ule If you answered 'YES,' ~omplete time balance of thlB form alto date and Bfgn vhere indicated. Name of person employed by tile Town of Southold Title or position sE that person Describe tile retabLe.ship between yourself (time applies,t) altd bite towlt officer or employee. Either cheok bite appropriate line A) through D) a.d/or describe in the apace provided. Tile town officer o.r employee or his or her spouse, eibliug, palest, or child la (check alt that spply)~ A) tile ow.er of greater the. 5% of the shares cE the corporate stock Of time appiica.t (whgll the applicant is a oorporatto.)= B) the legal or benefLciat owner of a.y interest in a noncorporate entity (whe. the appfica.t [e .ob a corporation) l C) an officer, director, partner, or employee of the appltcant I or __.D) tho actual applicant. DESCRIPTION OF I{ICLATIONSIIII' TOWN OF SOUTH4~D PIK)PERTY RECORD CARD ~VNER~ / ~ ~ c~ 3 / ~- VILLAGE DIST. SUB. LOT ,/~/ . 3~E~ O~NE~). ~ E ~~ ;. ~ S~S. VL ,FARM COMM. CB. MISC. Mkt. Volu~ A~ ~cre Vaue Per "Val~e I' ~ ~/~ ' lable 3 I ~ ~ ~ ~t~ ~ ampland FRONTAGE ON WATER ~ f--~.-~:--.-. ~Z~ , ~. use Plot DEPTH I ~Q,~., ~ ~ / roi ~ 0 J 0 DOCK t' ICOLOR 1 TRIM i M. Bldg. //~- ~(,~'~-~ = / 74 ~ ~00 /~. ~ ~ Foundation C,,~ Bath ~ Dine,e ~tension J ' / Basement ~,~ :l~rs ~ K' / E~ension ' Ext. Walls C ~c/~ Interior Finish Fire Place / ,-~, 4eat ~ DR' / Extension Po~h~ ('2~__~ 400 RecreationRoo~ Rooms2ndFl~[ ~0~ Dormer Breezeway Driveway Garage~ ZONING BOARD OF APPEALS 55095 Ma/n Road Southo/d, NY 11971 (631) 765-1809 fax (631) 765-9064 April 9, 2001 Re: Chapter 58 - Public Notice for Thursday, May 3, 2001 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing the 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, on Monday, April 23rd, or sooner, including a copy of a map showing your project area, to al_] 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 foreach metal stand as a deposit. If you already have a sign and stand and only need the laminated printout for the face of the sign, an additional deposit is not necessary and we can mail or fax it to you. Please post the Town's official poster/si.qn no later than April 25, 2001. 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 furnished for each 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 May 1st, please submit to our office your Affidavit of Mailing (copy enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us (but not later than the date of the hearing). If any signature card is not returned, please advise the Board at the hearing. On or about May 3, 2001, and after the signs have been in place for seven (7) days, please submit your Affidavit of Posting! to our office. These will kept in the permanent record. (If the metal stands are returned to our office, your deposit will be returned.) If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, ZBA Board Members and Staff Enclosures 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. STATE OF NEW YORK) )SS: ~/~NTY OF SUFFOLK) .~t"~j ~ of Mattituck, in said c~u-~ty, ~:~ing duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, e weeldy newspaper, pub- lished at Maltituck, in the Town of Southold, County of Suffolk and State of New Yerk, and that the Notice of which the annexed is a printed copy, has been regularly pub- lished in said Newspaper once each week for I weeks successively, commencing on the ~--{~ day CHRISTINA T. WEBER ~9~ar~ Public, State of New No. 01WE6034554 Cualilied in ~uff0~ Colby , Swom to before me this day of ~r~Lt~ 20 Page 24, May 3, 2001 ZBA HEARINGS CHAIRMAN: Oh, definitely. We're going to knock that 33% down. MEMBER TORTORA: We're talking about landscaping to help both the neighbors there. JOHN FITZGERALD: And the drainage. We'll give you plans. MEMBER TORTORA: You might want to talk to Mr. Fitzgerald. CHAIRMAN: Mr. Fitzgerald, we don't care if there are storm drains inside of the tennis court, but the draining has to be addressed. Okay, because no land is flat, even though it looks flat, it's not. So there is going to be some elevation factors there. Reminds me of in Mattituck, up by the sound. Which though was flat, but ended up not to be flat. Trust me. Okay. Thank you sir. Anybody else like to speak. Seeing no hands I make a motion to reserve I'm recessing the heating until June 7th. SEE MINUTES FOR RESOLUTION CHAIRMAN: We're taking about a three-minute break, just to get some water. We'll be right back. 7:53 p.m. REHEARING of prior denial under Appl. No. 4786: New Appl. No. 4870 - DR. VALLe BENJAMIN. This is a reheating, for a Variance under Article III, Section 100-33 based on the Building Department's August 25, 2000 Notice of Disapproval, and ZBA Denial No. 4786 to locate a proposed deck addition with a side yard at less than 20 feet. 29315 Main Road, Orient; 1000-13-2-4. PAT MOORE: First, 1 would like to thank the Board tbr giving Dr. Benjamin an opportunity to have me appear on his behalf. He, unfortunately, couldn't be here. He's in the City. His architect had all intentions of being here, and he just had major surgery. So, I'm here alone. But I did have the benefit of discussions with everyone. The one thing that, apparently, did not come out last time tie was here, was that he was, at that time, contract vendee for the 23 acres adjacent property. Since then, he's closed and he is now the owner of that piece. Approximately the sub-division, the adjacent piecc, assuming it gets dcvcloped the way it's been proposed, is going to be a 3-acre parcel. So, there will be, he is the owner next door, he sun'ounds this property except fi)r the easterly side, which is set back quite far and it's quite vegctaled. It is not the side where the decking around the pool is placed. If yon'vt gotten a chance to see thc property since the last time you x~cre out there most receotly, you can sec he's done a great deal of landscaping. The 23 acres that's being cleared, it's going to be a vineyard, and all of thc trees that are bcmg removed fi'Oln the vineyard aud actual[5 planted, relocatcd up to the edge of the property. So there's a great deal of activity oxcr there, with all intcntions of 1raking his property.just a beautiful private setting. The iluportal~ce of the design. I start witl~ thc facl th~l thc house was ctmstructed in 1987. Tt~c t~wner, al the time. was Ann Page 25, May 3, 2001 ZBA HEARINGS · The architectural design of this house is very unique. The architect who happens to be a former chairman of the Pratt Institute. It's a very distinguished architect. The architectural style is module. It's based on proportions. The pool addition and deck, to maintain the architectural integrity of the house, had to be of a certain size and square shaped and so on, it's what we see today. The difference between the variance request is four feet. It's not four feet along the entire length of the property, but only, since the house is on an angle, it's only a small portion of the property. The alternative was the lot line change, which we did submit the Plarming Board, we didn't submit the lot line change, we discussed with the Planning Board. And talked about the alternative lines that could be created and the Planning Board kept coming back with a line that would have taken 2,336 sq. ft. away from the adjacent property, in order to make this property conforming. They did not like the idea we came up with how we have an ability to do a lot line change, that would really be insignificant. We would not be able to notice it was a 3-acre adjacent parcel, nobody would know. But the Planning Board didn't like it they wanted to see a straight angle out, and it was such an extreme measure that, that's why we are before you today. As I mentioned in my written submission, the parcel itself is only, the buildable portion is about 1 acre, even though it maintains the setback restrictions of a larger size parcel because of the actual acreage from the sound to the property line. What is useable is only 1 acre and it really does, when you only have one acre the setbacks under the code make sense. But they are difficult to apply to a large parcel that is encumbered by wetlands or bluff, or whatever the topographic conditions are. So, for that reason, preserving the architectural integrity of the house, we wouldn't request the small variance to allow the decking which has to remain. Keeping in mind that this property would have to be fenced and we could have requested several applications for fence variances, there could've been a fence that ran along the property line, by code, 6 x/2 feet, and that is so much more intrusive to any adjacent property. What's there, and what's in place is certainly non-intrusive. It's in character with the design and the character of this property, which right now, there is no character to the area, this is the only house. And, Dr. Benjamin, we hope come several months from now, will have the opportunity to then build another house on the 3-arcre parcel, which will be sufficiently set back from this house, so everyone has privacy. Do you have any questions? CHAIRMAN: I don't have any questions, because I didn't object to it in the begilming. PAT MOORE: Okay. CHAIRMAN: So we'll start with Mr. Dinizio. Mrs. l'ortora? MEMBER TORTORA: What's the si×c of the pool? Is it the same size as befi)re? PAT MOORE: Yes, everything is idenlical. 19.8 x CHAIRMAN: It's a 19-foot area x 4/). PAT MOORE: 19.8 x 40 is thc intem:d dilnensions Thc exterior, the perimeter is 21 x 40. Page 26, May 3, 2001 ZBA HEARINGS MEMBER TORTORA: Okay, so it's essentially the same plan. MEMBER HORNING: It's all as-built? PAT MOORE: Yes, it's as-built. Keeping in mind that you didn't have the benefit of knowing, and unfortunately, he is a very private person, didn't let you know that he owned the 23 acre~ that is the only affected property owner to this property, while he was contract vendee at the time. Had he let the Board know that, I think that the Board certainly would have considered differently, in all fairness to this Board. CHAIRMAN: Mr. Homing? MEMBER HORN1NG: What is the difference between what we decided on in March 2000, and what's before us right now? Is there any difference at all? PAT MOORE: The plan is the same. The difference is the circumstances, which is what he is the owner of the 23 acres adjacent property. Which is the adjacent property line for the variance. I mean, keeping in mind, this is a 4-foot variance, for a 20-foot setback. Requesting 16 feet, and no the entire length because as you go towards the length of the pool it could be 20. So you're conforming, it's on a triangle, I'm not really good geometry, but this is the angle, here's the pool, so you're non-conforming on one end and quite conforming on the other. MEMBER HORN1NG: Well he owns that adjacent property now, but he may not own it tomorrow, he might sell it. PAT MOORE: That is tree, but then the person buying will certainly see the pool and know that it's there and it will be something that the person accepts. Plus the fact that the owner of the 3 acre parcel will have quite a large building envelope to work with and probably will not be building right on top of the owner of the house. He would need some privacy. CHAIRMAN: Miss Moore when you refer to a 3-acre parcel, you're referring to a parcel that's going to bc created out of this 22.2. PAT MOORE: It is potential, correct, right now it is 23 acres adjacent to this is 7 acres. It is proposed for txvo lots along the sound. What he ultimately gets, 1 don't know. 13ul right now it's proposed fi)r two lots. Each of those lots bcing, the closest one 3 acres and the onelo thc xvcst o/'it 3.3, I'm sorry, 3.8 acres. MI{MBER ktORNING: ('(mid you give us a brief history of thc developn~cnl of that area? l know that sonaconc previously had been buying it. Thought they xxcre making sub-division ot'somc kind m~d that botlomed up. Page 27, May 3, 2001 ZBA HEARINGS PAT MOORE: We here about Mr. Reise. Mr. Reise has owned a lot of properties in Southold, went through. They had gone through an extension sub-division process, went through preliminary approval and then got stuck because of water quality problems. Towards the end he dealt with Hillcrest section one and Hillcrest section 2. Only got approval for one, built on all the roads for 2 that never got approval. So when he bought the piece, the roads everything is in there. But now we're dealing with different development schemes that used to be one-acre lots, now they are two and three acre lots at best. MEMBER HORNING: I saw him today; he told ~ne he's going to have a 20-acre vineyard. PAT MOORE: Yes as a matter of fhct he's doing that right now. MEMBER HORN1NG: Thank you. PAT MOORE: If the Board wishes, Dr. Benjamin is willing to grant to the adjacent parcel, the adjacent parcel could be granted a 10 foot buffer, a non-disturbance buffer. To keep the difference between the present Dr. Benjamin house and the developable piece. So when the potentially 3-acre parcel parcel gets developed, no structures. When you have such a large acreage, I think people generally tend not build it next. CHAIRMAN: You really can't tell though, because you don't know holes are on that piece of property and so on and so forth. You want to give us a length on that of what that buffer would be that you. PAT MOORE: It would probably be, should be the length of the adjacent line, wherever that line is ultimately by the Planning Board. It's something he offered, I'm not sure that it's really something that is, I don't think it's necessary. MEMBER DINIZIO: No, it's not necessary, but, I didn't go against it before, but there's no reason why, if you're willing to do that. PAT MOORE: He is willing to do/hat. If that makes the Board happy. MEMBER D1NIZIO: ,lust give tls a description. PAT MOOR E: [~ would just he a 10-t~)ot bl.lf]'cl along thc ad.jaccnt the common property lme. CHAIIUxlAN: (icl tlsaligurc PAT MOORE: I don'l knmv lhc figure 3'ct, hccaasc I don'l know whal the linc is. MEMBEI>, DINIZI(): h't~t~ g(~ b3 his Iol line: I don't ~cally care what goes beyond. Page 28, May 3,2001 ZBA HEARiNGS CHAIRMAN: We can give you that tonight. 522 plus 118. PAT MOORE: That's the common property line now, but it actually would be, if the sub-division comes out the way we want it, it's going to be two properties, two lots. It doesn't make sense for us to do the southerly lot because it's all vegetated. MEMBER D1NIZIO: How about tight to the front of the house. PAT MOORE: Okay, that's fine then. That makes it easier. Along the length of the house. CHAIRMAN: To the survey (inaudible) Of all improvements on the property. PAT MOORE: That's fine. CHAIRMAN: Thank you Miss Moore. Is there anybody else that would like to speak in favor or against this application? Seeing no hands I make a motion closing the heating reserving decision. SEE MINUTES FOR RESOLUTION 8:07 p.m. Apph No 4948 - GEORGE L. PENNY, 1NC. Request for a Variance under Article XXIV, Section 100-243A, based on the Building Depamnent's March 20, 2001 Notice of Disapprovah Applicant is proposing a new commercial storage building which will be less than twenty (20) feet from the side property line, and a new storage building at less than 100 feet from the front property line. Section 100-243 provides that an action not create any new noncontbnnance or increase the dcgree of nonconformance with regard to the regulations pertaining to such buildings. Zone DistPict: Light Industrial (LI). Locatioo: Kerwin Boulevard, Greenport; 1000-53-2-25.1, 27.1, 21, 22 (combined areas). CHAIRMAN: Mr. Penny, how are you'? GEORGE PENNY: Fine thank you, how ape you? CHAIRMAN: What would you like to tell us'? Why_ x'~e~c .... xou.' demed.· ', 9 GEORGE PI!NNY: I don't know, I shouldn't have hcen. I have a nonconlk3rmmg situation, whirl] ah'cady exists in Greenport which is the old Rempc Fish Market xx hich we boughl in 1989. I'm finally getting to use that p(,lzon of thc propert3. One of lbo lhings (immdib[c) since wc bought it is lhat building is lhirly unlcasonablc, exccpl fi~r thc filet that Ihcrc is a raised COllCrctc portion ol'it which makes it ideal fi*r a platlkmn loadin~ On traclor-l~ailcrs; tmloading and offloading oftracttu-trailers. So I would like to retain part of thc fi,undation, which ah-cady exists there, fi,r a number o~' reasons. Number one. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 3, 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 headng by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 3, 2001, at the time noted below (or as soon thereafter as possible): 7:15 p.m. Appl. No. 4870 - DR. VALLO BENJAMIN. This is a request for a Variance under Article III, Section 100-32 based upon the Building Department's August 25, 2000 Notice of Disapproval, and ZBA Decision No. 4786. to locate a proposed deck addition with a side yard at less than 20 feet. Location of Property: 29315 Main Road, Orient, NY; County Parcel No. 1000- 13-2-4. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit wdtten statements before the conclusion of the above headng. 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: April 19, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 DR. VALLO BENJAMIN DECK ADD. SIDE YARD S I BACK 1000-13-2-4 MAY 3RD 6:50 P.M. DEPARTMENTAL MEMO RECEIVED SEP 1 8 2000 TO: Town Clerk's Office FROM: Jerry Goehringer, ZBA Chairman DATE: ~ep~. t~ ~ooo SUBJECT: Assignment of Project Number of Southold Town Cte~ According to the ZBA adopted rules of procedure, please assign Number 9~?~ to the above-referenced new submission. While the documentation may not be in complete form, it is assigned a number for the purpose of commencing reviews. The documentation has not as of today been accepted as a complete file by the assigned member. A $/y't>. ~'~heck is attached (which is required by your office for assignment of a project number). This number was assigned by our office on ?//~/~ (Projects are assigned chronologically.) Thank you. Attachment Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/18/00 Transaction(s): Application Fees Receipt#: 2300 Subtotal $150.00 Check#: 2300 Total Paid: $150.00 Name: Benjamin, Vallo Main Rd. Qrient, N.y. 11957 Clerk ID: LYNDAB internal ID: 18047 04/28/2881 i 18:49 6317659864 ZONINGAPPEALSBOARD : ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Vallo Benjamin (Name of Applicants) s CTM Parcel #1000- i3 02 4 PAGE AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Geraldine Haines residing at Front Street, Greenport , New York, being duly sworn, depose and say that: On the 25th day of April , 200i, I personally mailed at the Uni~,ed States Post Office in Southold , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in 'prepaid envelopes addressed to current owners shown on the current assessment mil verified from the official records on file with the (xi Assessors, or ( ) County Real Property Office 'Southold, NY , for every .property which abuts and is across a public or private street, or vehicular right-of-. way of record, surrounding the applicant's pr~oerty. / · Comlj~lete items 1, 2, and 3. Also complete item )~ if Restricted Delivery is desired. · Print~your name and address on the reverse so that we can return the c~rd to you. · Attach this card to the back of the mailpiece, Received by (Please Prior Clearly) rl, [] Agent [] Addressee eddressdifferentffornitem 17 [] Yes enter delivery address below: [] No 3. Service Type I' Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes Receipt 102595-00-M-0952 the lot numbers mailed. Thank 1000-13-2-7.9 Ms. Julia Erlich and Mr. Denis Maksymowicz P.O. Box 214 Orient, NY 11957 10:49 6317659064 ZONINGAPPEALSBOARD : PAGE 85 ZONING BOARD OF APPEALS .... TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Vallo Benj amiq (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ~1000- 13 02 - COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at .7~y z~?r~E , New York, being duly swom, depose and say that: , On the '~.2'~ day of ~' . 200/, I personally pl~d the Town s offidal Poster, with the ~ate of headng 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 r~f'ig place_fg.r seven days prior to the date of the subject hearing d.et~i' whi~~ was shown to be ~- / (Signature) Sworn to before me this ~. 5-te day of~?,cic- , 200'/. ( ' (Notary Public) i~EI' C. [~_. ~O~eS~.~.,~ ~ publl~, s~e ~ .-- *near the en~an~ or driveway' entran~r~y prope~y, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary April 25, 2001 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms. Julia Erlich and Mr. Denis Maksymowicz P.O. Box 214 Orient, NY 11957 Re: Vallo Benjamin 29315 Main Road, Orient, SCTM# 1000-13-2-4 NY Dear Ms. Erlich and Mr. Maksymowicz: I represent Vallo Benjamin with regard to his property located at 29315 Main Road, Orient, New York. He is requesting a variance to widen his swimming pool deck four feet. Enclosed is the Notice of Hearing and a survey of the premises showing the proposed deck addition. The hearing on this matter has been scheduled for Thursday, May 3, 2001 at 7:15 pm at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Very truly yours, PCM/mr Encls. Patricia C. Moore ~SS MAIN ROAO ~,0, SOX NOTICE Of PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 3, 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, MAY 3, 2001,, at the time noted below (or as soon thereafter as possible): 7:15 p.m. Appl. No. 4870 - DR, VALLO BENJAMIN. This is a request for a Variance under Article II1, Section 100-32 based upon the Building Department's August 25, 2000 Notice of Disapproval, and ZBA Decision No. 4786. to locate a proposed deck addition with a side yard at less than 20 feet. Location of Property: 29315 Main Road, Orient, NY; County Parcel No. 1000- 13-2-4, 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 the above hearing. This hearing will not start eadier 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: Apd119, 2001. GERARD P. GOEHRINGER, CHAIRMAN SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O, Box 1179 Southold~NY 11971-0959 ! (~ -o PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 April 26, 2001 Southold Town Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski RE: Vallo Benjammn application Hearing Date: May 3, 2001 PCM/mr Encls. Dear Linda: Enclosed please find Affidavit of Mailing with Certified Mail Receipt and Affidavit of Posting for the above referenced matter. Very truly yours, Patricia C. Moore AI~PEAL~ BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-906x Telephone (631) 765-18(0 October 17, 2000 Fax 765-4643 and Regular Mail Patricia C. Moore, Esq. 51020 Main Road Southotd, NY 11971 Re: Dr. V. Benjamin - Request for Rehearing 'PM'- Dear Mr~scf~foore: This will confirm that the Board is requesting a preliminary conference to hear the reasons for a rehearing of the previous variance determination (denial). The conference is scheduled for the meeting of Thursday, November 16, 2000 at approximately 6:30 p.m. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD May 11,2001 Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Appl. No. 4870 - Benjamin (Side Yard Variance) Dear Mrs. Moore: Enclosed please find a copy of the Appeals Board's determination rendered at our May 3, 2001 Meeting. A copy of this decision was furnished earlier today to the Building Department for record-keeping purposes. Please be sure to proceed with the next step and also check with the Building Department to determine if your building permit application is now complete (tel. 631-765-1802). As you may know, issuance of a building permit is required before commencing construction activities. Thank you. Very truly yours, GG:Ik Enclosure 5/11/01 Copy of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631 ) 765-1809 May 25, 2001 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P.O. 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. 4870 - Owner or Applicant: Vallo Benjamin Action Requested: Deck, side yard setback approved 29315 Main Rd, Orient Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, ~r 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, Enclosures Gerard P. Goehringer, Chairman By: APPEALS I~OARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MARCH 2, 2000 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4786 - DR. VALLO BENJAMIN 1000-13-2-4 STREET & LOCALITY: 29315 Main Road, Orient DATE OF PUBLIC HEARING: March 2, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is situate on a pdvate right-of-way which extends off the north side of State Route 25 (Main Road) in Odent. The lot is 3.036 acres and is improved with a single-family dwelling as shown on the survey updated October 16, 1999 prepared by Joseph A. Ingegno, L.S. The dwelling is situated 43.5 feet from the top of the bluff 43 feet from the west (side) property line, 118.5 feet from the east side line, and at least 300 feet from the front property line (driveway entrance area). BASIS OF APPLICATION: Building Inspector's February 2, 2000 Notice of Disapproval which states that under Section 100-32 of the Zoning Code, a minimum side yard is required at 20 feet, and applicant is proposing a side setback at 15+- feet at one corner of the deck addition, as applied. AREA VARIANCE RELIEF REQUESTED: Applicant proposes to attach a 20 x 40 ft. swimming pool to the west side of the house, surrounded by decking and forming an integral part of the house. To accommodate the project, the applicant requests a variance authorizing a side yard setback of less than 20 feet. The Notice of Disapproval states that the proposed side yard is +/- 15 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: The Code's setback requirements are intended to protect neighbors from encroachments. The setback requirements remain relevant in all cases, even though in this case the land west of applicant's property is vacant since it may be developed in the future. Section 267-b(3) of New York Town Law directs this Board (a) to consider whether the benefit sought by the applicant can be achieved by some feasible method not requiring an area variance, and (b) if it grants a variance, to grant the minimum vadance necessary and adequate. Applicant plans to attach to his house a relatively la~ge swimming pool with ample decks. In testimony, applicant stated that he had rejected the alternative of narrowing the pool and/or the decks, and that he had preferred to seek the vadance he is requesting here. For this reason, the Board finds that applicant's difficulty is self-created. 3. This Board finds that applicant can achieve the benefit sought, that is, a substantial-sized pool attached to the house, by making modest changes in the design. Thus, there is available a Page - March 2, 200~1' Z~A Appl. No. 4786 - V~lo Benjamin Re: 1000-13-2-4 feasible method not requiring an area variance. RESOLUTION/ACTION: On motion by Member Collins, seconded by Member Dinizio, it was RESOLVED, to DENY the variance as applied for. VOTE OF THE BOARD: AYES: Members Dinizio, Tot[ora, Collins, and Homing. NAY: Chairman Goehringer (suggesting an 18 ft. setback as an alternative). This Resolution was duly adopted (4-1). DEPARTMENTAL MEMO TO: Town Clerk's Office FROM: Jerry Goehringer, ZBA Chairman DATE: 5-e?T. /~ ~a~) SUBJECT: Assignment of Project Number of According to the ZBA adopted rules of procedure, please assign Number qfC6 to the above-referenced new submission. While the documentation may not be in complete form, it is assigned a number for the purpose of commencing reviews. The documentation has not as of today been accepted as a complete file by the assigned member. A $ / ~o. ~heck is attached (which is required by your office for assignment of a prpject number). This number was assigned by our office on ~//.~/oD . (Projects are assigned chronologically.) t / Thank you. Attachment $0~