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HomeMy WebLinkAbout44802 �? �oc, /i cx A RRT k?Gli LU[i.� /S�L�fl�rn,'T �:•�•ctT�A;P_.___ lO i' jS F% i ti 1-9-A,) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Xii�X Lydia A. Tortora Maureen C. Ostermann h�o�OgUFFOC,�-Cp8 y` N at W • BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JULY 24, 1997 Appl. No. 4480 - NICKIIART REALTY PARCEL 1000-52-2-13 STREET & LOCALITY: 53,100 C.K. 48, Southold DATE OF PUBLIC HEARING: July 10, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the southerly side of County Road 48 (a/k/a Middle Road, or North Road) and along the westerly side of a private right-of-way. This lot as exists contains a total lot area of 17,484 sq. ft., lot width of 193.88 feet along the northerly property line abutting C.R. 48, and lot depth of 90.18 (easterly property line) as shown on the map prepared by Warren A. Sambach, Sr., P.E. BASIS OF APPEAL: Building Inspector's Action of Disapproval issued September 18, 1996, and updated April 28, 1997, which reads as follows: 1. insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. Article IIIA, Chapter 100-30A.3. 2. insufficient front yard setback for a non -conforming lot - Article XXIV, 100-244B. Also, another Notice of Disapproval was issued June 23, 1997 (received July 3, 1997) indicating that Lot 42 requires a lot width of 150 feet in an R-40 Zone. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Reduced lot size for two proposed lots in this pending subdivision project at 17,484 sq. ft. each. The lot depth is shown at 90.18 feet for each lot, and lot width along C.R. 48 of 193.88 feet each. The future location of a new principal single-family dwelling shall be as established by code or Board of Appeals requirement. The proposed reduction in the front yard setbacks are as more particularly shown oil the Map prepared by Warren Sambach Sr., P.E. at 32 ft. to the north property line at its closest point, and 26'2" to the southerly front property line at its closest point. The Page 2 - July 24, 1997 Appl. #4480: 1000-52-2-13 (Nickhart Realty) Southold Town Board of Appeals natural buffer along the southerly and northeasterly property lines will remain intact and maintained. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties since the existing lot is two to three times the size of all existing lots in the immediate area except for Lot 2.1 with motel use. The division of the subject land into two lots of 17,000+- sq. ft. for each lot is larger than the following contiguous and adjacent lots: 052-2-8 of .33 ac; 52-2-7.3 of .22 ac; 52-2-7.5 of .13 ac; 52-2-6 of .12 ac; 52-2-5 of .13 ac; 52-2-4 of .13 ac; 52-2-3 of .12 ac; 52-2-2 of .13 ac; 52-2-1 of .12; 52-2-10.1 of .30 ac; 52-2-12.1 of .30 ac; 52-2-14 of .33; 52-2-15 of .26; 52-2-39 of .21 ac; 52-2-16 of .25 ac; 52-2-38 of .28 ac.; 52-2-17 of .09 ac; 52-2-18 of .10 ac; 52-2-19 of .11 ac. These two lots to be created will be approximately .44 of an acre. (2) The requested area variance is not substantial based upon the immediate lots, listed above, that are adjacent to the subject parcel because the subject land, when divided equally, is approximately .44 of an acre for each as created which is at least 20% to 25% greater than most of the parcels in the immediate area. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since the two lots will be the last in the immediate area that would be improved with a principal building out of approxi- mately nineteen (19) parcels in the immediate area already built upon. (4) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community since the applicant is required under this variance application not to create curb cuts along County Road 48 and must utilize the existing internal roadway for ingress and egress to newly created parcels. It is the opinion of the majority of this Board that by also utilizing the internal roadway, the health, safety, and welfare of the community will be protected. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief requested WITH THE CONDITION that there be no direct access, curb cuts or driveways from or to Page 3 - July 24, 1997 Appl. #4480: 1000-52-2-13 (Nickhart Realty) Southold Town Board of Appeals County Road 48 from the parcels. VOTE OF THE BOARD: AYES: MEMBER DOYEN CHAIRMAN GOEHRINGER MEMBER DINIZIO. NAYS: MEMI3ER TORTORA stating that the percentage of the variance is substantial, and MEMBER OSTERMANN stating that the spirit of the zoning ordinance should be upheld by the present code requirement and not have overdevelopment. This resolution was d Actions. all/ 52-2-13 MEM INU UPJULY 24, 199Y APPROVED FOR FILING RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 71a9�i7 HOUR a'O°1:°? Town Clerk, Town of Southold BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider October 21, 2014 Patricia Moore, Atty. 51020 Main Road Southold, NY 11971 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA#4480 — Nickart Realty Dear Ms. Moore: I have reviewed your letter dated October 16, 2014 requesting a de minimus determination in the above referenced ZBA decision. Your proposal is to expand the footprint of the proposed residences beyond the size noted on the survey associated with the original 1997 variance relief. You propose to meet setbacks as shown on the Planning Board approved subdivision survey dated February 10, 1998, last revised November 22, 2013 prepared by John Metzger, LLS. Based upon the information provided above, I have determined that your requested modification is de minimus in nature because no additional nonconformity beyond the relief granted will be created, and the intent of the original ZBA decision will not be altered. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit. If you have any questions, please call the office. Si c e , Leslie Kanes Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector Patricia C. Moore Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Leslie Weisman, Chairperson of Zoning Board of Appeals Southold Town Hall Annex Main Road Southold, NY 11971 By Hand Re: Nickart Realty SCTM1000-52 2-13.1 & 13.2 Dear Leslie: F� EIVED BC)PRO OF APPEALS October 16, 2014 This letter is written to explain the history of a two lot subdivision which was the subject of a 1997 Zoning Board Appeal [copy of decision enclosed] and subsequent Planning Board approval. Verbally, Mike Verity claims that there is a "discrepancy" between the Zoning Board approval and the Planning Board subdivision, therefore he will not issue the building permits. ' There is no discrepancy. It is our understanding that the building department would like your informal confirmation that the permits can be issued as is more fully explained below. ' Mike Verity's claimed discrepancy is that the owner has an application for a building permit which applies conforming side yard setbacks. The building inspector has unilaterally placed an additional condition on the zoning board decision limiting the building envelope to the "proposed one family residence" drawn by Warren Sambach. The zoning board decision has only one condition, no access onto CR48. There is no condition that the house size be limited (code allows 20%) or that particular side yard setbacks be applied. (Code allows 15' side yard). Page 1 of 4 Re: Nickart Realty SCTM: 1000-52-303.1 & 13.2 October 16, 2014 In 1996 the property owner sought permission to subdivide the property into two lots and to establish the front yard setbacks for these lotsz. The Southold Town Building Department issued a Notice of Disapproval stating [1] that the proposed lots were of insufficient size in area and depth, and [2] that the proposed front yard setbacks requested by the owner were non-conforrming. The owners made the necessary variance applications to the Southold Town Zoning Board. In appeal No. 4480 dated July 10, 1997, the Zoning Board of Appeals addressed the notice of disapproval which identified the following: 1. Insufficient lot area and depth in an R-40 zone. The Zoning Board granted this variance'. 2. Insufficient front yard setback for a nonconforming lot from the northerly property line (CR48) and from the southerly property line (private road). The zoning board granted variances for nonconforming front yard setbacks of 32' to CR 48 and 267" to the private road for each lot. [The front yard setback to Beverly Road was not addressed because it was and continues to be conforming and the side yard setbacks were not addressed because they would be conforming.] In fact, the Zoning Board expressly stated that "the future location of a new principal single-family dwelling shall be established by code or Board of Appeals requirement." In other words, with the exception of the front yard setbacks, no other variances were needed and the house location would be governed by the town code or future zoning board action if additional variances were requested. ' The lots have two road frontages [Route 48 and Old Cove Blvd.] and thus there were two front yard setbacks for each lot granted by the zoning board of appeals—specifically 32 feet and 26.2 feet for each lot. ' The stated reason that the variances were granted is that "the proposed lots were two or three times the size of all existing lots in the immediate area" Page 2 of 4 Re: Nickart Realty SCTM: 1000-52-&13.1 & 13.2 October 16, 2014 The Zoning Board did impose one condition in its decision. The only condition which is clear and unambiguous is that "there be no direct access, curb cuts or driveways from or to County Road 48 from the parcels".4 Generally, conditions are attached to ensure that the variance granted will have a minimum intrusive impact on the neighborhood and the zoning ordinance. 3 Rathkopfs The Law of Zoning and Planning § 58:23 (4th ed.). The only condition in Appeal 4480 was that access onto CR 48 would be prohibited. . The zoning ordinance provides for lot coverage and setbacks. Therefore the Zoning Board imposed only one condition, no curb cut onto CR 48. Thereafter, the planning board approved a subdivision map, filed with the Suffolk County Clerk as No 11952 which included the building envelopes. The Planning Board required the maps to include the Zoning Board approved setbacks to CR 48 and the private road Old Cove Boulevard, with the conforming front yard from Beverly Road (35'). The building envelope shows the minimum required conforming "side yard" setbacks(15'). In 16 years of subdivision review there was no question that, other than the variances granted by the Zoning Board in 1997, the applicable building envelope would be as required in the Zoning Ordinance. The effect of a variance is to give a landowner a license or permit to use his property in a manner otherwise violative of the zoning ordinance. The owner must comply with all other requirements of law, including the zoning ordinance and building codes and, in particular, the decision granting the variance. 3 Rathkopf's The Law of Zoning and Planning § 58:23 (4th ed.) a Since a zoning law or ordinance is in derogation of the owner's common law rights in the use of his land, most state courts hold that ordinance provisions will be construed in favor of the free use of land. Where doubt exists as to the meaning of zoning restrictions, courts hold that such restrictions will be strictly construed in favor of the landowner. Similarly, where doubt exists as to the meaning of permissive zoning provisions, courts also hold that such provisions will be liberally construed in favor of the landowner. City of New York v. Hommes, 94 N.Y.2d 267, 272-273, 702 N.Y.S.2d 576, 724 N.E.2d 368 (1999). Page 3 of 4 Re: Nickart Realty SCTM: 1000-52-&13.1 & 13.2 October 16, 2014 The Zoning Board in their decision stated this basic principal of zoning "the future location of a new principal single-family dwelling shall be as established by code (i.e. conforming to the zoning ordinance) or Board of Appeals requirement. The Zoning Board approved 32' to the north property line and 262" to the south property line. Other than these two nonconforming setbacks, all other setbacks are applied and comply to the zoning ordinance. After 16 years of processing the Nickart subdivision application, the building inspector is now refusing to issue a building permit for the two lots that were approved by both the Town's Zoning board and the Appellate Division after extensive litigation, and finally, the Town's Planning Board. The proposed building permits are permitted, as of right, and they must be issued without further delay. Thank you for your immediate attention to this matter. Very truly urs, .___._.._ Patricia C. Moore PCM/mr Encl. c: Martin Finnegan, Esq., Town Attorney Michael Verity, Chief Building Inspector Page 4 of 4 MIDDLE ROAD (C. R. 48) i 7.76' N. 81'3910' E. 38' % J • u 193.88' 173.67' © P' � 20.01' 'Y Qq[p CEiIRs �© 15• Vegefoled Buller id / - � RTANNs TALL RTAIM IAt1. � LOr I' fp M PLANTED °- ; o. m a xANTED w w w w LOT I S < z �I w ea 1r -Y• n �u n VI IL SUNSET PONT o $ I Ilv /P /P/P/P 5 to PROPOSED HOUSE I �I m -i C PROPOSED HOUSE ROOF RUNOFFm xoy �T s !p ly .^ N, IP OP4 oT! !p �oo E E I 0 O LOT 1-!)9219./1. p - I _ 3 e O D 3051 • ! = O.l l 303 cull, m i. p D Q x i o n19rJses Ponc srsmI WALL PRorosEJ Porn PrsrEr rALL o O $ 705/28.7 I! IF. 0. A� PROVAE 6 AS. 6'9 2' 09ep P Aw Q(AM/tQ ARA LOr 2 P 619rfe' I. T AfMD 6EARANCE ARA rR1M' S N•39fe' v _I7P.M' L pT -792 sl. s. — — _ . fRrNt+l IrUN lA(AI' I PJM• • I �. 303 cull. 3051- 705/28.• !i VF. o O fr' LNf IlS1.T PRVIOE 6 CWS. 8'9 2' OAAp p r91Ar 1Y�• lll7l —O 1Mtw s OI WI NIOI �-O� p YR IrIP 9...r S. 61.5970- W. .• A"OLD COVE BOULEVARD" STAG HTlA. M. TACR8IS I PH/LPPIDES LIVING TRUST - N/ IF !. FE ER l PRIVATE ROAD) BEE HIVE DEVELOPMLNT CORP. I I.I I SANITARY WALL AND VEGETATED BIFFEA I D>wra�I& - MAY EXTEND INTO RI'"T OF KAY AS WIDENED ON SLVJECT PARCELS, LOT / P LOT 2 i - P 4-`D OF NEyVF MAP OF PART OF y'O aT. MEIZO0�. STREET TRU FRED CMARI TOTAL AREA - 34,896 PG.R. OLD COVE BOULEVARD AS WIDENED AND IMPROVEMENT PLAN A T SOUTHOL D LOT I AREA= 17,438 s9.ff. NOTE- DE AL OF FRENCH GRAN - REFER TO LOT 2 AREA- I7438 P9.lr. APPROVED BY OWN OF SOUTHOLD /? o DRANACE PLAN DATED (/26709 1 W� AREA OF VEGETA7FD B4PFER5 AREA OF PMVA TF ROADS • 318/ ay R. PLANNING BOARD SU FOLK COUNTY N.Y.JAN 312T4 7,, • '0.'"a 's L iERATprr M AopTIJV ro rrPs stRVFr !s • v101.A nw JN% ll. -SA�B( yr1.,lL •SOK " 11708 1 _ Yrs/ c N a 5£CTpN >P09 a rrc rc. mint STA rC Ef11MA rA: uv. IS' VEGEATED BUFFER - - 3111 a9.n. TOWN OF SOUTHOLD 1000 52 - 02 !3 x r N.Y.S. LNJ. NO. 1 .� EXWT AS ItT aEtT(sv )Poo-aAKPvrsfav L Au [DrIF1cAIAl15 SEPTIC WALLED ENOL OSLpES - 3989 rµµll. Scale, l ' = 20' rnFW .IRC VALD Fa THs (IAP AIO Cass ncm( oM. r 5' ROAD CLEAAENCE AREA - 2111 r1./l. n CC1MC YORS, P.C. `? F PAO IUP (N fOCS PEAR rK AIIESSFD SGL a 11E SUIKYW IO' VEGETATED BUFFER • 600 spff DATE I / _C Q/� Oct. 22 2009 �40r a5os t: A 01 785 - 3020 FIX 16-11 763 - 17 W T 3. PrSISC .9iW4 TUK AFPE ns rEMaL 1 0' VEGETATED BUFFER 800 rp/I !!! NOV. 9, 2009 (REVISIONS/ EPSIOM� IZ0. JO �RAVELER STREET 117M p•lI, VEGE iATEO rl- r f� rTn NOV. l6, 2009 /n ANau1 ` SWTIgLD, NY. /1971 10000% R)UT is AMM MW AMIDXE I ROAD C.R. 48 EL � 193 88' 7' !a0 reiori,A+y + 1 w LOT 1 " { E ►°iw 4 i �_ IEMIE y ► I ST r- w Q PROPOSED EL EVA TION EL. 9U TV ►a0 — L Io+dw D EUM6 Ik► IA OL 12 EL R Proposed grads EL 0,2 rw iL ►o �- LE: 9.4 _ = rOAO ML - -- - r E�i7)Mr R "MTAN( IE a7 LE: 8.3 81► raft Ot MATER ff- A7 - - - — CDYlER L R - 3 POOL rod R CLk/1BTiER VVPra NEM Rorp�o ru E amu s rows Pis 20' CaY rz sarnr Off sAeDFIRt�cAST POOLS TO FAM Sr w -%% O O �O�LL Ol1N ! re am 010 AGLOW PxLS NUN 3' COLLAR POW. ! w rP ►ao LOT 2 a 193 88 o Q, r 193 `- r INAL rLA T !!t" water &" w w � FOR THE ..No 0 OCD COVE DMEVARD (private raid J , I SUBDI VISION KEY MAP FOR SCALE: 1`600' = I rP%CAL PLOT PLAN N/CKAR T REALTY CORP. o - ELEVATrvN "" EL. 7.4 - E;WTM ELEVATION vowm** A T SOUTHOLD SCALE* I' - 60' �E F OR 0 20 � Are) +�P tC' 000 ,I►s'�- O O 4'� % 1� 0 d.. TEST 9oRIV6 PALE BIL FM TO AEA SAND SP. NDK LOAMY SANSM � � To W PATER N BIR FIE AE 7 SAAV SP PATER Av 004INIIC CLAY av WATER III BILOW FAIE TO COAOW SAND SW O r r 4• Xr 49 •N�Aeat frPecfr 9' /7 TEST BQRiIKrr ar AM= SAID A LOAM A= SAAAV AROWN FSE TO M. LOAMY SAID SII FIE TO AEA SAND SP WA TER N PALE At FYN TO AEA SAID sr' WATER N OR 806 WATER AY BROW FOWE TO COARSE SAAR SW eo�sr OL . *9hesf Fx,o e&4ea 6f'o�4-. Woof c r » = WATER SERVICE FLOOD ZOAIE, AE ( el. 101 FROM FIRM MAP NO. 36103C008 G ELEVATIONS ARE REFERENCED TO N.G. V.D. . 0CP TOWN OF SOU THOLE SUFFOLK COUNTY, N. Y. r. 1000-52-02-13 *J"OVW 100 0 100 200 300k =r:_ 00 fvw ik 0# AV WXQ Scale 1 " = 100' FEB. 10, 1998 SEPT. 13, 2000 f revision MARCH 27 2001 l revision) -- - - 14AR0-1 9. 90OL (/eV1f10 l NOV. 30, 2006 !revisions) April i, 2008 (revisions) JULY 31, 2008 (ADDITIONS) MOV. Wo ROi3 &UVrffM TOTAL KEY E. EXPANSION POOL LP LEACHING POOL ST SEPTIC TANK WS WATER SERVICE W WA TER MAIN EL EXISTING EL EVA TION Q PROPOSED EL EVA TION EL. 9U TV ►a0 — L Io+dw D EUM6 Ik► IA OL 12 EL R Proposed grads EL 0,2 rw iL ►o �- LE: 9.4 _ = rOAO ML - -- - r E�i7)Mr R "MTAN( IE a7 LE: 8.3 81► raft Ot MATER ff- A7 - - - — CDYlER L R - 3 POOL rod R CLk/1BTiER VVPra NEM Rorp�o ru E amu s rows Pis 20' CaY rz sarnr Off sAeDFIRt�cAST POOLS TO FAM Sr w -%% O O �O�LL Ol1N ! re am 010 AGLOW PxLS NUN 3' COLLAR POW. ! w rP ►ao LOT 2 a 193 88 o Q, r 193 `- r INAL rLA T !!t" water &" w w � FOR THE ..No 0 OCD COVE DMEVARD (private raid J , I SUBDI VISION KEY MAP FOR SCALE: 1`600' = I rP%CAL PLOT PLAN N/CKAR T REALTY CORP. o - ELEVATrvN "" EL. 7.4 - E;WTM ELEVATION vowm** A T SOUTHOLD SCALE* I' - 60' �E F OR 0 20 � Are) +�P tC' 000 ,I►s'�- O O 4'� % 1� 0 d.. TEST 9oRIV6 PALE BIL FM TO AEA SAND SP. NDK LOAMY SANSM � � To W PATER N BIR FIE AE 7 SAAV SP PATER Av 004INIIC CLAY av WATER III BILOW FAIE TO COAOW SAND SW O r r 4• Xr 49 •N�Aeat frPecfr 9' /7 TEST BQRiIKrr ar AM= SAID A LOAM A= SAAAV AROWN FSE TO M. LOAMY SAID SII FIE TO AEA SAND SP WA TER N PALE At FYN TO AEA SAID sr' WATER N OR 806 WATER AY BROW FOWE TO COARSE SAAR SW eo�sr OL . *9hesf Fx,o e&4ea 6f'o�4-. Woof c r » = WATER SERVICE FLOOD ZOAIE, AE ( el. 101 FROM FIRM MAP NO. 36103C008 G ELEVATIONS ARE REFERENCED TO N.G. V.D. . 0CP TOWN OF SOU THOLE SUFFOLK COUNTY, N. Y. r. 1000-52-02-13 *J"OVW 100 0 100 200 300k =r:_ 00 fvw ik 0# AV WXQ Scale 1 " = 100' FEB. 10, 1998 SEPT. 13, 2000 f revision MARCH 27 2001 l revision) -- - - 14AR0-1 9. 90OL (/eV1f10 l NOV. 30, 2006 !revisions) April i, 2008 (revisions) JULY 31, 2008 (ADDITIONS) MOV. Wo ROi3 &UVrffM TOTAL AREA = 34,896 sq. ft. TOTAL NO. OF LOTS = 2 - AREA LOT 1 = 17.438 sq. ft. AREA LOT 2 = 17.438 sq. ft. ZONING DISiRICT R40 LIMITS OF CLEARING = 60% SUfFdJC COON A2/PPAUQE, NT � HEALTH SERI?fES This is to certify that the proposed Realty Subdivision orD710t, opmen for in the with a total of was approved on the above date. Water Supplies and Sewage Disposal Facilities must conform to construction standards in effect at the time of construction and are subject to esperate permits pursuant to those standards. This approval shall be valid only If the realty subdivion/development map is duly filed with the County perk within e year of this date. Consent is hereby given for the fling of this map on which this endorsement appears in the Office of the County Clerk in accordance with provisions of the Public Health Law and the Suffolk County Sanitary Code. 119 5 z #FILE No. 16 9 0 i #ABS, No. FILED A P x U 1 Oi APR - _ Judith A. Parllca� 4 CLERK OF St) FOLK l HEREBY CERTIFY THA T THE WA TER SUPPL Y(S) AMD/OR SEWAGE DISPOSAL SYSTEM(SI FOR MIS PROJECT WERE DEMNED BY ME OR LWER MY E?MIECTION. BASED ON UPON A CAR FLC AND rhVROUGIH STLVY QP T1f SOR. SITE AND WOUND WATER CONDI ALL LOTS AS COIF' TO TW &;JF LK Cgf�INTY DEPARTMENT ALTH SERVICES CCS T1AN 1TANDARDS Al EFFECT AS OF THIS DATE. MICHAEL D. MAPES N. Y.& P.E. LIC, NO. 70501 OWNER: NKCKART REALITY CORP. 775 BROOKLYN AVENUE BALDVNN. NY 11510 THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION j OF APPROVAL DATED BY CHAIRMAN PLANNING BOARD HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM ACTUAL SURVEYS COMPLETED 12/1/07. THAT ALL MOIAMOM SHOWN THUS * ACTUALLY EXOT AND THEN( POSITIONS ARE CORRECTLY SHOWN AND ALL DWNSIONAL AND OEODETIC DETAILS ARE CORRECT. /lZ , . P _1fffl?r0_­0 ANY ALTERATION OR D/TION TO THINS SURVEY IS A VIOLATION PECONIC SURVEYORS, P.C. OF SECTION 7209 OF NEW YORK STATE EDUCATION LAW. (631) 765 – 5020 FAX (631) 765 - 1797 EXCEPT AS PER SECTION 7209-SUBDIiVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THiS MAP AND COPIES THEREOF ONLY IF P. 0. BOX 909 SAID MAP OR COPIES BEAR THE iMPRtESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. Sheet- / o f ' 3 SOUTHOLD, N.Y. 11971 97-2-90 I T1 pp APPEALS BOARD MEMBERS i9; Y erard P. Goehringer, Chairman ESerge Doyen ames Dinizio, Jr. Lydia A. Tortom Maureen C. Ostermann Final 6/2 NOTICE OF HEARINGS For Publication SOUTHOLD TOWN BOARD OF APPEALS THURSDAY. JUNE 19, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 19, 1997 at the time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4475 MARY FISCHETTI (carryover). 6:55 p.m. Appl. No. 4483 - ANDREAS VASSILIOU. Request for a Variance under Article III -A, Section 100-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential. 7:05 p.m. Appl. No. 4482 CHURCH OF GOD IN CHRIST. Request for a Variance under Article XX, Section 100-205 based upon the April 30, 1997 Action of Disapproval issued by the Building Inspector for permis- sion to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue. Parcel #1000-101-1-10. Zone District: Agricultural -Conservation. �OguFFO(t Southold Town Hall 53095 Main Road P.O. Box 1179 _ Southold, New York 11971 ®y ® Fax(516)765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Final 6/2 NOTICE OF HEARINGS For Publication SOUTHOLD TOWN BOARD OF APPEALS THURSDAY. JUNE 19, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 19, 1997 at the time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4475 MARY FISCHETTI (carryover). 6:55 p.m. Appl. No. 4483 - ANDREAS VASSILIOU. Request for a Variance under Article III -A, Section 100-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential. 7:05 p.m. Appl. No. 4482 CHURCH OF GOD IN CHRIST. Request for a Variance under Article XX, Section 100-205 based upon the April 30, 1997 Action of Disapproval issued by the Building Inspector for permis- sion to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue. Parcel #1000-101-1-10. Zone District: Agricultural -Conservation. Page 2 of 3 - Legal Nvace Southold Town Board of Appeals Regular Meeting of June 19, 1997 7:10 p.m. Appl. No. 4488 - LAWRENCE AND JOSEPHINE PEARLSTEIN. Request for a Variance under Article XXIV, Section 100-244B for permission to construct addition, a portion of which will not meet the minimum required front yard setback at premises known as 2225 North Sea Drive, Southold; Parcel #1000-54-4-23. Zone: R-40 Residential. 7:20 p.m. Appl. No. 4484 - PAULETTE SATUR MUELLER and EBERHARD MUELLER. This application is based upon the April 28, 1997 Action of Disapproval by the Building Inspector. Variances are requested under Article III, Section 100-33 for approval of the location of a new dwelling to the rear (behind) existing accessory buildings, leaving a front yard location for the accessory buildings. Location of Property: 3705 Alvah's Lane, Cutchogue; County Parcel #1000- 101-2-24.5. Zone District: Agricultural -Conservation. 7:35 p.m. Appl. No. 4480 - NICKHART REALTY. This application is based upon the September 18, 1996, updated April 28, 1997 Action of Disapproval by the Building Inspector which states: "...1) Insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. Article III -A, Section 100-30A.3, 2) Insufficient front yard setback for a non -conforming lot - Article XXIV, Section 100-244B ...." Location of Property: 53400 County Road 48, Southold, NY. County Parcel #1000-52- 2-13. Zone District: R-40 Residential. (Also, proposed two parcels contain insufficient lot width; code requirement is 150 ft. for each lot created.) Page 3 of 3 - Legal Nloa e Southold Town Board of Appeals Regular Meeting of June 19, 1997 7:55 p.m. Appl. No. 4487 - DONALD AND PATRICIA FEILER (Owner: Homan Realty) . This is a request for a Special Exception under Article VII for conversion of building from single-family to "business and professional offices" as provided by Section 100-71B, subsection 2. Zone District: Residential -Office (RO). Location of Property: 11725 Main Road, Mattituck; County Parcel No. 1000-141-4-40. 8:00 p.m. Appl. No. 4469 - RAYMOND FEDYNAK. (Carryover) 8:15 p.m. Appl. No. 4489 DOUGLAS W. McGAHAN (Owner: Evelyn Fleet). Applicant is requesting a Waiver under Article II, Section 100-26, for nonconforming lot identified as 1000-103-07-11, which adjoins nonconforming lot 1000-103-07-12, under Article II, Section 100-26. The lots in question were created by a deed dated 2/1/1923, and dated 10/26/1964; under Section 100-25 the lots in question are nonconforming and have merged because they have been held in common ownership at some time after July 1, 1983." Location of Property: Stillwater Avenue, Cutchogue, NY; also shown as Lots 7 and 8 on the Map of Green Acres filed in the Suffolk County Clerk's Office November 3, 1971. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours, and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: June 2, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski VA FORM NO. 3 TOIVN OF SOUTHOLn BUILDING DEPARThtLNT 3EF TOWN CLERK'S OFFICE SOUTUOLD, N.Y. w x } ? NOTICE OF DISAPPROVAL r Date • _ September. 18, ... ....... 19 96... ba" To Warren A. Sambach, Sr. a/c Nickart Realty Corp. 4101 Cog Lane - P.O. Bos 1033 _. Jf Catchogue, N.Y. 11935 73. 67z117.Z% PLEASE TAKE NOTICE that your application dated UG0ST;23z ... . .. ......... 19 for permit SUBDIVIDE AN EXISTING LOT & BUILD A SINGLE FAMILY DWELLING . .................................................at Location of Property .. 53400. COUBT.7 ROAD 448 SOUTHOLD, N.Y. .............. S . ..................:..........Haml.e House Plo. heet et County Tax Map No. 1000 Section ... 5?......... Block ....2......... Lot ...13 ........ . Subdivision :................ Filed Map No. ................ Lot No. is returned herewith and disapproved on the Following grounds ..................... .. 1. Insufficient lot area and depth in an R-40 Zone. A Lot is required to have an area of 40,000 sq. £t. and is required to have a depth of 175 feet. Article III _A Chapt. 100-30 A.3. ................ .......... I.................. •...... 2. Insufficient front yard setback for a non -conforming lot - Article XXIV ..... ................... ........................................... Chapter 100-244 B. Action required by the Zoning Board of Appeals. Also subject to Planning .................................................... Board Approval. n ......... . iid ng Ir.saeccor GARY J. FISH. RV 1/g0 u FORM N0. I TOWN OF SOrITDOTA) IMILDI.NG DRPAR'IFRiNT TOWN HALT. SOUHOLD, N.X. 11971 TKI.: 765-1807. Ti"ni ref I .................. 19.... . Appmve<1 ....... 19 Pe/ry�nIt No ..........I...... Disapproved a/c ... s?J , .�. ,..'. A r/.-y.�,!.e-f) t5i� 15 0 1J j5 F)1 (Building Inspector) Al'PLl OAI70N FOR RUJ.hD i,NG PERM T'1' INSTRUCTIONS RIM,M) OF IUiACfll ...:........... I Ts OF PLANS ............... sirRvFY CIIRCR ...:........... SEPTIC FORM ................... NOTIFY: CAI,L 516. 734-7492 MAIL TO: W A SAMBACH SR. 7675 -,COX_ -LANE P 0 BOX 10-- CUTCHOGUE NY 11935 i tiFs7 nn deme IM Neu A - Date a. '11risapplication roast be roll1plelely Gilled in by Lylxaariter or in ink arxl submitted to the @wilding fn.^.actor with 3 sets of Plans, accurate plot plan to scale. Fee according to sche(kile. b. Plot plan sluowing location of lot in(] of Imildings on premises, relationship to xljokning premises or 1tfilSe streets or areas, arxl giving a detailed description of layo t of property rust be drown no the diy;r-em which is lmrr of this application. C.- 'Ria- workcavercxl fry this applieaLion Wray not be emr±teuxred before issuance of fluilding Permit. CL Ulfm algrroval of this application, the Itoilding Inspector will irsue a Ruilding Permit to I:he applicant.. Sash Ix+rmil: shall lx-� kept on Llne preunises available for inspection throfig)iout the nark. P.. Aka Ixuildingshal.l be occupied or meed in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Roild'ung Inspector. APPI:1GNPON IS lff,1URY MAIAi to the Mlilding 1?eluartment For the issuance or a Miildine Permit pursuant to [lie Ihiilding 7[me Ordinance of the Town of Southold, Suffolk County, New York, awl other applicable laws, Ordinances or Relndati(ms, for the corstnation of Inildings, additions or alterations, or for reuwal. or (k'molition, as herein describp(L Ilie applicant agrees to comply with all. appilicabl,e Jaws, ordinance.^„ lnilding code, iicinsin,, Cale, auxl regulations, and to admit autlarized inspectors on premises and in lmildi.rwg+ for necessary inspections (Signature of. applicant, or name, if a corporation) 76.7.5 OG.XLANE P_.0. BOX 1033 CUTCHOGUE .......................... ... ., (t&uiJ.iiug a(klress of applicant) ,1193 State whether applicant is owner, lessee, agent, architect, engineer, general, contractor, electrician, plumber or milder. ................. 7 ----- ................................ ..---....::.........,._ Naxen of owner of premises •NICKART. REALTY CORP. - .......--•...................:............••---................................. ...... (as ern taxa t<-ux roll. or InLest deed)' If applicant is a corlaralAm, S,iFmture of ()'fly ao0mri7:cxl officer. (Name nuxl title of corporate officer) MiUders License rin. .TO_ BE- SELECTED- rr Pl.0*Rmrs license No. ......................... Electrician License No. n n OLher rrixle's License No. .........:.......... SOUTHSIDE OF ROUTE $* 283.88' EAST OF CAROLE 1. Location of ]am] on which proposed work will lue(kxpe. ............ ......... ............. ...................••••Ri3AD ... 53500 ROUTE 48 SOUTHOLD 11971 ................................... ..... ..... .........:.. Noose Nunber Street Iiapilet Oxunt.y Tax Mpp No, Rol fect.i.(nu Q,52-:-„---.-- Ml k 2 lot 13, 1. S(Qxlivisian......• ............................... Filed M•np No- -•....... .... Lot ............... 7- Slate existing use arxl occupancy of. premises and inteaked Use arxl occupancy of proposed crst_ructior: VACANT a- Existiry Use aaJ occupancy----•-......•..........................•----..............I.................. b. lnlclxksl osc and occuponcy ONE FAMILY RESIDENCE ........................... f S. tLIl wd: of cx>lk (dk:dc wlhldh al,l(Icable): Dk:w Ikn ldlug . X ...,... u .. Adklitah .......... Alteration ....... ... 14:1>aIr ............ ltalrrval ............. Ika>nl iLiah------ ,----- Other Work .... ,...... ..-..........:..------- (Desc-rips iar) $125,000.00 [I Esl.ilatell ('.list Fee -...,-....— ................................ (to lie Maid (xr filing this application) 13. IP rAxaljog, hxnl>er of rkaell iug uolis ONE- -- -. -. Ik ni>er of dh,el l ing ori is dw each floor ................ Ilgarage, nnlxer of cars TWO (I_ If Ixhsiness, counercial or mixed oc:cupanc:y, specify acture ahxl extent of each type of use..... _ ............... 7. 11imensirxls of existing strnrYnres, if any: moot ................. Rear .......... Depth lkdjgiu ............. I"A>ev of Si ories ...... .,,-------, D imeusitws of s.re sLiciCtore with alteralin>s or i¢klirions: Front ............... Rear ............... Depth ll ...., N.id>er of Stories ............ It- DiueosiOosOil Lot, irelleGldx$hstnlction: FlOOL 4.91611---..-... Rear .496'-',...-.Ike11th28°:}.,& 31'3° lie igth L.'...24 ,.... `...... N.11>er of Stories ....TWO ............. 193.88 193:.88 9o.1sa , 9. Size of lot: F`1001.... ......, Rear .................... 0eptir ........,.... '. ` IO, Iklle of hcrchasc'1,-21-82 -------- Ilelh¢_ of Forati:r QwnerHELMUT SSS ............................ ........ I I.. 7AIoe or use district ill udrid k prc+aises are situa[ell . R -.9Q. 12. Ik>es pralwse( coostrucLion violate ally zrxring lens, ordinance nr regrilat-ion: .. YES .............. 1.) hill lot 1>e regrarler'l .....X . Willew-ess rill 1>e ralnved f-ron plallises: YES 1111 14. fst" of owlxs of prenisesNICKART REALTY CORPAI&,s,775-_F%YNN AVE_._• X516-867-7500 .-....... t'Ihone U). ............. BALDWIN NY 11510 N:olr_ or nrdlhitecLWARREN A. SAMBACH SR. hrklrese .., f{rorx. 11>73...... • ......._--...--�- -�- 7675 COX'I;ANE--�•- ..... N:ue, of rixttractor ,.... AdklressCUTCH.QUE. NY. .• .............I3 rodx t1o. Li. is this prolherty within "M feet of a tidal r.etlaM'? * YES -.. ...... fYl .-.....:.. *1F YES, falli H)'IIXN-IlllISN71?S lMit?hflT k1AY BG RLY)ItlITI), PLOT D7nceAWl locale clearly all( distinctly all Ixrildiags, Acether existing -or proposed, will indicate allset-bacic dimensions frcxo prolx:rty limes. Give street aniblack rxrdrer or descriptiar according to deed,,ard slrc street oases will inlical:e tArether interior or corner lot. fll t V ObE g E)At> G R. 4$ Al 293. bit 193.8$1 a 0. M ONd f1 Cit L-/ V®� J � IZESlDEi1tE N 0 4c7..ot 49! 6>. 193. Bit' !MVIE OF It -,W YOLK, SS (1xliilY ti _ UFTOLK WARREN A._SAMBACH SR..ix:in ...... ....... ....:. .........- t, dui• y suoru, (hawses and says that he is thr- apps wait. (N:nxe of ihdividllal sigoiug Co(tract) Ax>ve oared, III!is the .. ,'.... _-;,EEM.INEER. --------------------- .............. ,,.......................... ((butractor, agent, corlwrat'e officer, el.c.) of raid drax;r or (imers, aid is duly authorized to lxer'fonu or have 1>erfouhed the said w)'k alkl Lo nchke .aril file this appliCaL ion; that all statareuts contained in Ilhis application tyre Little to the best of his kdxnalelge. and (relief; and that. the work will IIe l>erl'oadcvl. in the imunwr set forth in the appsicat iou filed therewith. :A,xxn to before lie this ....,:�� :: /L:ci=...day of Lx. z?:'.I'J96..... tk,till y l'uhlic 6f-a-;----...- LINDA.). COOPER Notary Public, State of New York No. 4822563, Suffolk County Term Expires December 31,1 B i`�iA,lae.l,l�. �JG ��• (Sigualm-e of Appl icaut) TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE.............................. TO THE ZONING BOARD OF APPEALS., TOWN OF SOUTHOLD, N. Y. Warren...A.....Sambach...Sr.................. of�.�75„Cox..Lade.....J':.0.....Rox..1A33........... Name of Appellant Street and Number Cutchog.Ae.................................................................. NY..11.93.5:......... HEREBY APPEAL TO Municipality - State T) IE ZONING BOARD. OF APPEALS, FROM THE DECISION; OF Tl -IE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED September 18 1996 .. C1�o,. � P /4y9 r,Qe2o. l F 199�� WHEREBY THE. BUILDING INSPECTOR DENIED/TO Warren A. Sambach Sr a/c Nickart ..Realty Corp. ............•................................................................ Name of Applicant for permit of 7615 Cox Lane P:O.'Box 1033' Cutchogue NY 11935 _................................................................................................................................ Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY53400,,,County,,,Road„48„Southold NY 11971 R-40 ...................................I......I........... Street /Hamlet f Use District on Zoning Map District 1000 Section52 Block 2 Lot 13.Owner Nickart Realty Corp. _._...._ ..............._....._..�......._.................._.Current Mop No. Lot No. Prior Owner Helmut Hass 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IIIA & Section 100-30 A.3 XXIV 100-244B 3. TYPE OF APPEAL"Appeal is made herewith for (please -check appropriate box) ( A A VARIANCE to the Zoning Ordinance or Zoning Mop C ) A VARIANCE due to lack of access (State of New York Town Low Chap, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was mode in Appeal No. Doted REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that the Zpning Code adopted in April 23, 1957fproperty was zoned "A" residential. Plans were filed in 1961 for construction of three (3) dwellings and permits 1364, 1365 and 1366 were issued April 21, 1966 but nevbr constructed. The present R-40 Zoning doesnot conform to existing properties surrounding the property in question. The present owners wish to construct two (2) one family dwellings on the vacant 'uncultivated land: Fonn zat (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because'the existing size of the' property does not conform to the R-40 zone and could not be developed without a variances 2. The hardship created is UNIQUE and isxwKshored by oil properties alike in the immediate vicinity of this property and in this use district because adjoining properties had residences built on smaller size property when the zoning was less restrictive. Some of the dwellings in the area have been altered with additions dimensions in the'horizontal as well as the vertical direction. Had the property „been dev,e,loped,,,with,,three houses there would not be .an appeal for,the. construction of two -houses. The alleged difficulty was not .self-created but was not considered when there was a zone change. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other dwellings in the bicinity on unsufficient lot sizes that encroach on front and side yards and exceed the area of the property to be occupied. The area is residential with a motel to the west of the property and the Town Beach across route 48, and the variance would not change the character of the neighborhood. The property is overgrown with weeds and shrubs and when developed will add to the landscaping of the area and the town. If the vari,ance.Were to be granted,.there ,yrould not be any detriment to the health, safety and general welfare of the neighborhood or the community. STATE OF NEW YORK I ) ss COUNTY OF SUFFOLK ) Signature J Sworn to this ...........�. ..............:.....:... day of ............. :......... APRIL..................... 19 97 Ei_i%APrs : H ANN' NEViLLE Notary F,:b c, S=tate of K f York N c. , 812 CS Su; o&k Cosi +. - v t o- up..3; t9 0 RECEIVE[) 'MAY 1. 1997 `��• ` �/o G� /fir, f� � Town Clerk SD&old TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. L7L 0 DATE .... 077 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, �! ?a3xi ox1..A.....Sam6ach..sr..................of 76,75„ Cox„Lane.....F:.Q.,... aom..1D.33........... Name of Appellant. Street and Number Cutchogue.................................................................. NL.11.9`1......... .HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ................................... DATED September 18 1996�u WHEREBY THE BUILDING INSPECTOR DENIED TO Warren A. Sambach Sr a/c Nickart Realty Corp. ............ _-------..................................................... Name of Applicant for permit of 7675 Cox Lane P.O. Box 1033 Cutchogue NY 11935 _.........-et ............ber................................................................Stat......................... Street and Number Municipality State (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ). LOCATION OF THE PROPERTY53400,,;County. Roa ,.48 ... .. Southold NY 11971 R-40 ........................................... . Street /Hamlet / Use District on Zoning Map District 1000 Section52 Block 2 Lot 13 Nickart Realty Cor .._----- ...._-_------- _.._.._....._.,........__._-_.........._...Current Owner Y P• Mop No. I Lot No. Prior Owner Helmut Hass 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article IIIA & Section 100-30 A.3 XXIV 100-244B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( A VARIANCE to the Zoning Ordinance or Zoning Map _ ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 A. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No . ...............................Dated............................. r ... ..................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance - is requested for the reason thatthe Zpning Code adopted in April 23, 1957 property was zoned "A” residential. Plans were filed in 1961 for construction of three (3) dwellings and permits 1364, 1365 and 1366 were issued April 21, 1966 but never constructed. The present R-40 Zoning doesnot conform to existing properties surrounding the property in question. The present owners wish to construct two (2) one family dwellings on the vacant uncultivated land. . Form ZBt (Continue on other side) i REASON FOR APPEAL Continued r 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the existing size of the property does not conform to the R-40 zone and could not be developed without a variance. 2. The hardship created is UNIQUE and isxogmshared by all properties alike in the immediate vicinity of this property and in this use district because adjoining properties had residences built on smaller size property when the Zoning was less restrictive. Some of the dwellings in the area have been altered with additions dimensions in the'horizontal as well as the vertical direction. Had the property, been developed with three houses there would not be an appeal for the construction of two houses. The alleged difficulty was not.self-created but was not considered when there was a zone change. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are other dwellings in the bicinity on unsufficient lot sizes that encroach on front and side yards and exceed the area of the property to be occupied. The area is residential with a motel to the west of the property and the Town Beach across route 48, and the variance would not chance the character of the neighborhood. The property is over grown with weeds and shrubs and when developed will add to the landscaping of the area and the town. If the variance were to be granted there would not be any detriment to the health, safety and general welfare of the neighborhood or the community. STATE OF NEW YORK ) VLJ' ) ss ............................... .............................................. COUNTY OF SUFFOLK ) Signature . Sworn to this .........`)..................... day of. ...................APRIL..................... 19 97 x Notary Public . Ear ANN NEVE L;. C3'OWN . OF SOUT'HOLF ' P ®PERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT �-/� ., FORMER OWNER ^ N(] , " E ; !ACREAGE ` ((L S 11L.^ TYPE OF BUILDING RES_ SEAS. VL 3�� FARM COMM: IND. I CB. I MISC. Est. Mkt. Value I -AND — IMP. TOTAL DATE — ` REMARKS J90 0 `—/��—�— -(ii „dry ►'vtr�m,--- -- w - AGE NEW BUILDING CONDITION —`—^ KJx �a � z � Gt—". NORMAL BELOW ABOVE FRONTAGE ON WATER 8— — Farm i Acre Value Per Acre u Value FRONTAGE ON ROADC/(// Tillable 1 — BULKHEAD Tillable 2 Tillable 3 DOCK ----- Woodland--------- Swampland--------- --- Brushland -- — -- _.--��--—---.--------- - -louse Plot FotoI —! — _--- c---`^--- DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE August 4, 1997 Applicant: Nickhart Realty Municipal File No.: #4480 S.C.P.D. File No.: SD -97-14 STEPHEN M. JONES, A.I.C.P. DIRE6T.OR OF PLANNING AU6 ~ 61997 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Comment.- With omment: With the understanding that there will be no direct vehicular access via County Road 48. 11 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\WPWIN60\WPDOCS\ZONiNG\WORKING\LDS\AUG\SD97-14.AUG \ 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 ■ FAX (516) 853-4044 / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. XbMibc Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XIV of the Suffolk County Administrative Code, The . Board of Ampeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article IIIA Section 100-30A.3 and Article XXIV Section 100-2446 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit -, Appeal No:4480 Applicant: Nickhart Realty Location of Affected Land: 53400 C.R. 48, Southold, NY County Tax Map Item No.: 1000- 52-2-13 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to sub -divide and build with insufficient lot area and depth, insufficient front yard setback and Lot #2 requires a lot width of 150 ft. Copies of Town file and related documents enclosed for your review. Dated: July 31, 1997 APPEALS BOARD MEMBEF Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann Mr. Warren Sambach, Sr. 7675 Cox Lane P.O. Box 1033 Cutchogue, NY 11935 `a _ BOARD OF APPEALS TOWN OF SOUTHOLD July 29, 1997 Re: Appl . #4480 Nickhart Realty ( Variance ) Dear Mr. Sambach: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's three-page determination rendered at its July 24, 1997 meeting. A copy has today been forwarded to the Planning Board and Building Inspector's Offices for their files and update. Very truly yours, Linda, Kowalski Enclosure Copies of Decision also given to: planning Board Office Building Department Office N 4 , APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JULY 24, 1997 Appl. No. 4480 - NICKHART REALTY PARCEL 1000-52-2-13 STREET & LOCALITY: 53400 C.R. 48, Southold DATE OF PUBLIC 11EARING: July 10, 1997 FINDINGS (PROPERTY FACTS) : DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the southerly side of County Road 48 (a/k/a Middle Road, or North Road) and along the westerly side of a private right-of-way. This lot as exists contains a total lot area of 17,484 sq. ft. , lot width of 193.88 feet along the northerly property line abutting C.R. 48, and lot depth of 90,.18 (easterly property line) as shown on the map prepared by Warren A. Sambach, Sr., P.E. BASIS OF APPEAL: Building Inspector's Action of Disapproval issued September 18, 1996, and updated April 28, 1997, which reads as follows: 1. insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. Article IIIA, Chapter 100-30A.3. 2. insufficient front yard setback for a non -conforming lot - Article XXIV, 100-244B. Also, another Notice of Disapproval was issued June 23, 1997 (received July 3, 1997) indicating that Lot #2 requires a lot width of 150 feet in an R-40 Zone. AREA VARIANCE RELIED REQUESTED BY APPLICANT: Reduced lot size for two proposed lots in this pending subdivision project at 17,484 sq. ft. each. The lot depth is shown at 90.18 feet for each lot, and lot width along C.R. 48 of 193.88 feet each. The future location of a new principal single-family dwelling shall be as established by code or Board of Appeals requirement. The proposed reduction in the front yard setbacks are as more particularly shown on the Map prepared by Warren Sambach Sr., P.E. at 32 ft. to the north property line at its closest point, and 2612" to the southerly front property line at its closest point. The F Page 2 - July 24, 1 Appl. #4480: 1000-52-2-13 (Nickhart Realty) Southold Town Board of Appeals natural buffer along the southerly and northeasterly property lines will remain intact and maintained. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties since the existing lot is two to three times the size of all existing lots in the immediate area except for Lot 2.1 with motel use. The division of the subject land into two lots of 17,000+- sq. ft. for each lot is larger than the following contiguous and adjacent lots: 052-2-8 of .33 ac; 52-2-7.3 of .22 ac; 52-2-7.5 of .13 ac; 52-2-6 of .12 ac; 52-2-5 of .13 ac; 52-2-4 of .13 ac; 52-2-3 of .12 ac; 52-2-2 of .13 ac; 52-2-1 of .12; 52-2-10.1 of .30 ac; 52-2-12.1 of .30 ac; 52-2-14 of .33; 52-2-15 of .26; 52-2-39 of .21 ac; 52-2-16 of .25 ac; 52-2-38 of .28 ac.; 52-2-17 of .09 ac; 52-2-18 of .10 ac; 52-2-19 of .11 ac. These two lots to be created will be approximately .44 of an acre. (2) The requested area variance is not substantial based upon the immediate lots, listed above, that are adjacent to the subject parcel because the subject land, when divided equally; is approximately .44 of an acre for each as created which is at least 20% to 25% greater than most of the parcels in the immediate area. (3) The proposed 'variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since the two lots will be the last in the immediate area that would be improved with a principal building out of approxi- mately nineteen (19) parcels in the immediate area already built upon. (4) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety,. welfare of the community since the applicant is required under this variance application not to create curb cuts along County Road 48 and must utilize the existing internal roadway for ingress and egress to newly created parcels. It is the opinion of the majority of this Board that by also utilizing the internal roadway, the health, safety, and welfare of the community will be protected. RESOLUTION/ ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief requested WITH THE CONDITION that there be no direct access, curb cuts or driveways from or to Page 3 - July 24, 1___ Appl. #4480: 1000-52-2-13 (Nickhart Realty) Southold Town Board of Appeals County Road 48 from the parcels. VOTE OF THE BOARD: AYES: MEMBER DOYEN CHAIRMAN GOEHRINGER MEMBER DINIZIO. NAYS: MEMBER TORTORA stating that the percentage of the variance is substantial, and MEMBER OSTERMANN stating that the spirit of the zoning ordinance should be upheld by the present code requirement and not have overdevelopment. This resolution was d 1V1h 11N(.i Ur' JULY 24, IJ )'/ APPROVED FOR FILING �M��kM>c>;cM�>c�fixMM�M�Mx�kM Actions. all/52-2-13 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 7 Z!_ q7 HOUR Town Clerk, Town of Southold File No: 7995 WARREN A. SAMBACH, SR. _ CONSULTING ENGINEERS • PLANNERS 7675 COX LANE • P.O. BOX 1033 ��J CLITCHOGLIE, NY 1'1~ � a �:.! S (516)734-7492 �1. 'Mid. 51991 July 14 1997 Gerard P. Goehringer, Chairman _ Board of Appeals Town of Southold Southold Town Hall 53095 Main Road P.O. Box 1179 Southold NY 11971 Re: Application No. 4480 Nickart Realty Inc. Mr. Goehringer: The property owners of lots 17, 14,36, 15 and 39 along Beverly Road have easements from North Road to Hashamomuck Pond. Lots 18, 19 and 16 which do not border -on Beverly Road also have easements to Hashamomuck Pond. The property in question also has a easement to Beverly Road. According to Old Timers, there was a pier at the end of Beverly_Road'im Hashamomuck Pond for the use of residences. Sincerely, nn Warren A. Sambach Sr. P.E. was:df cc: Nickart Realty SEF SFC NA 051N 1 hWTdi—� �j\� • + .n r, �'�. �,o .cam , 4.`C�'• i °, dP ® a • r ` 'a �1 t 3°b' J lo, .1 "O. .� •ate �� ._ N w '°: r � ' , •.. 10 r +� Ile / _ •!• •!r d� ,lo. lr�� r OZ J6 .� ICP ra to hrt •'tA o ' KA is •�� w rte. V �7 0 l`00 Fop -.. ro cot -17 c' 4 � ato/ y e. IP S" c V 4 CP n d► .�e VV y ... r i r..>• r-.- nw r,w• w „a o,.a — - t....,.o w.. cOMMIT 10" LAWM WPM tiltlllMt THti 1111T[!lY�1lT • T!P' I11f4liMittRlllOtt� M �'/ LwMITOf OMLY I138t�257 -- eighty- two L1N 1iif3 f it n�eSte 21st dq of January nineteen htmdted end O[� • lc7`7JfJ - ) BETWEEN Helmut Hass, a/k/a .Helmut -a Hass, residing Now York party of the first part, and Office Nickart Realty Corp - a domestic rorporation having its and principal place of business at ANze4ttfl. Baldwin, NY 11510 party of the second part, WrrNMETK that the party of the first part, in considers:ion of ----------doaars. TEN ($10.00) DOL:I+RS------------- of the LTni*-a States. and other good and valuable consideration ped U«•fulmoney of the second part, the heirs or by the party of the second part, does hereby grant and release unto the party t$ successors and assigns of the party of the second part forever, j I _ situate, piece or _ J A1,]. that Derain plot, p parcel of land, uof Suffolk and State of New f - thold County 1% Ilying and being in the Town o JO York, bounded and described as follows: BEGINNING at a point formed by the intersection the southerly line O 7f riddle ::tad (Korth road Co. 48, fr-1y Co. Rd. 27) and the easterly 8 side of a ].0 foot F vats rtad kno,+n as Beverly road, said point also U 1 being distant 880 th feet westerly when measuredBayberry Lane,ssaidepointrly 1 ` of :fiddle koad, from the westerly side of herein described: i being the northeasterly corner of the promises being G THENCE south bit 59' 10„ west along the souther --y line of the Piddle goad, 387.76 feet to a r •jint: int in the pwter }� TIir-wCE south 310 40' 50" east. 90.18 feet to a Po y line of a 20 feet private road known as Old Cove Blvdt fp i along the center line Lf old dove Q T16 Cg north 610 54' 10" east, Boulevard and parallelith the ad ksouthewn rly yevline oRoaddtoeaRpoint3on.the v reset tyrough said private easterly aide them j est along the easterly side of Beverly Road THENCE: north 310 40' SO" w 90-18 feet to Middle Road at the point of place of BEGINNING. 4A a 18G56 „ f REAL M FEB s 1t � ' v 4 L___ i 1� �I +N,I' Mg�.� ;I Lecig swE2% SUBJECT to the rights of others to pass and repass for ingress and ivate roads known as Beverly Road and Old Cove Blvd. egress over pr ;TOGEMER with .-n easement of right of way for the purpose Of ingress and egress over the private roads known as old cove Blvd. and Carole Road; might show. and to SUBJECT to any state of facts an accurate survey covenants, restrictions, easements, agreements and zoning r�leasat- tions of record, specifically the Long Island Lighthegs�herly 10 went, L. 4333 cp 257 and L. 6158 cp 81, affecting feet of Old Cove alvd. and the easterly 10 feet of the prrise's (tom easterly 10 feet of Beverly Road).and easement to lay and maintain a water line, L. 8936 cp 199. of three deeds to BEING and intended to be/'WEW premises in each the party of the first part Made 'f William A. Richmond. at ux, r& corded the Suffolk county Cleii[ s office in libers (1) 359E cp corin J �cor the cp 293, and (3) 3634 cp 'O{ ►J Jt twin+ alf rWd. tide and interest, it aey, of die party of the frac part is sed a any streets std roads abuWn the above described prernises to the center lines thereof, TOC.ETH t with the appurtenances and all the estate and rights of the party of the urn pu: a z: d rc said pranises, To HAVE AND TO HOLD the premises herein granted a='o the piny of the second part, t`.e Fcrs Cr successors ant assigns of the party of the seconc: part forever. SUFFOLK ISI STATS -Or MSW T PoRL COVKTT OP ()n the )Is t day of JAn" Y 19 82 , before tux personally e..nC FiA irLOW1W i� ellltut Hass R'k- N to me known to be the individual described in and who executed the foregoing instrument, and acknowledged &-It he executed the same. Jltlt� / STA71 Cr MSM YOU, COUNTY Or SSI On the day of 19 , before me personZ.11y came to me k +own, who, being by me drily sworn, did depose and sad• that he resides at No. that he is the of the corporation described it and which executed the foregoing instrument: that he ,ncw-s the seal of said corporation; that the seal int was ed to said instrument is such corporate 50 afExaf b+ order of the board of directors of said corpora - ti --n. and that he signed h name thereto by like order. tRar"p�in and $alt Ottd WITH CAnE--NANT AGAi\3T GRA.%Toas ACTS Helmut Hass TO Nide Paleos STAMMMS row a asw ME, MSS M VM ISMs/IMts Oirs+i111as/ +y T. S. ^MRACT COMORATION 350 OLD COUNTRY ROAD GARDEN CITY, NEW YORK 115M Nassau 2494OW SwHea - 273M0 STATE Or MITI TORE C"X" Or SII On the day of 19 , before me Personally came to me known to bee individual rcundescribed in and who t, and aclmowledged that executed the foregoing instrument. executed the same. STATE Or NEW TOS/, CONKST O/ WI On "Ie day of 19 , before me pens -..ally name in insttnmeat, with the subscribing witness to the foregoing whom I am personally acquainted, who, being by me drily sworn, did depose and ay that be :es;des at Na that he knows to be the indi-ridosl described in and who executed the foregoing insburnent; that he, said Subscribing witness, was Present and saw execute the same. 2 ---Id that he, said witness, at the same time subscribed h Dame as witness thereto- -!IST ICOU sicnoN 52 uocc 2 LOT 13 c0UNTY on TOWN southold 11110111110 - ass+wo q saw - Tboaas J. Lukas, Esq. 32-21 aroadway Lor@ Island City. NY 11106 212-728-2772 or w.. y;� l BOARD OF APPEALS:TOWN OF SOUTH OLD -----------------------------------x In the Matter of the Application Of' NICKART REALTY CORP. (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING AND POSTING COUNTY OF SUFFOLK) - STATE OF NEW YORK) I, Warren A. Samba(3hresiding at 7675 Cox Lane, Cutchogue NY 11935 New York, being duly sworn, depose and say that: 1) On the � day of JUNE , 1997 , I personally mailed., by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment - rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing Address MERIDITH BRADY 9933 Park West Walk, Charlotte, NY 28269 JOHN PHILLIPPEDES 35 Avalon Road.., Garden City, NY 11530 STACHTRARIS ACHELLIS 159 New Hyde Park Road, Garden City, NY 11530 George Sanitos 73-14 21 Street, Jackson Heights, NY 11370 Cauleys Southold Beach Motel Inc. 333 Houston Avenue, Mineola NY 11501 Gloria Paets 53750 North Road, Southold, NY.11971 Irvinq & Virginia Feder 8750 S. Ocean Drive, #1634, Jensen Beach, F1. 34957 and, 2) On the 5 2(o day of June , 1997, I personally posted the subject property identified as District 1000, Section 052"-) , Block 2 , Lot Pcl 13 , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing• the right-of-way, and that I have checked to be sure the poster has remained in place for seven full days prior to the subject hearing date, which is XliX.. JULY 10, 1997. Y(� -a " Sworn to before me this (signature) %"`- day of , 1997. 0 LINDA j. COOPER ��o- , Notary Public, State of Noir York N®. 4=563, Suffolk County 8 otary ublic Term Expires December 31,19 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N -Y. AMENDMENT NOTICE OF DISAPPROVAL WARREN A. SANBACH, SR. A/C NICKART REALTY CORP. To---------------------------------------- 4101 COX LANE - P.O. BOX 1033 ........................................ CUTCHOGUE, N.Y. 11935 ---------------------------------------- 1 JUL 1997 � DATE : .JUNE .2-1,. . U9.? . . ........... . PLEASE TAKE NOTICE that your application dated ..j�UGUST.23......... 19-96 -- for permit to _.SOBDIVIDE_AN_EXISTING_LOT_�_BUILD_A_SINGLE_FAMILY_DWELLING.____ at Location of Property - --53400.00UM_9QAP t`4$ ............... $01M_0?J?3 .N _Y:.. _ .... . House No. Street Hamlet County Tax Map No. 1000 - Section .... 52 BLOCK .....?..... LOT ---- 13__-____ Subdivision ............................... Filed Map No. .........Lot No. ....... -q�' is returned 'Herewith and disapproved on the following grounds-LOT_#2_BEING- LOCATED. IN_ AN R-40 ZONE IS REQUIRED TO HAVE A LOT WIDTH OF 150 FEET. ............................................................................................ ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ............................................................................................ BU L ING INSPECTOR GARY J. FISH RV 1/80 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen_. JamesDiniziOe 7r. Lydia A. lbrtora Maureen C . Ostermrann BOARD OF APPEALS TOWN OF SOUTHOLD June 23, 1887 Re: New Application - Nickhart Re&lty (Variances) Southold 7bwa Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Attached for mailing by you, certified mail, return receipt (green signature cards), is a copy of the Legal Notice regarding your application and hearing. The Legal Notice confirms a brief description of your request, the hearing 'date, bane and place. At least ten M0 days prior to the hearingL please Bend a COPY, certified mail -return receipt requested, of this Legal Notice to all surrounding property owners and owners across any street or right-of-way. A cover letter with your name and telephone number should be included, together with a copy of the map outlining your new construction, before mailing. Also enclosed is a rign to be posted on your property within 10 feet from the front.property line, and for a period of seven (7) ggys. or longer at your choice. The sign must face the traveled road or town street. After . the above has been done, please REdM the. enclosed Affidavit of Posting and Mailing before a notary public and return it to our Office (notlater than the hearing time), and attach the following: a) postmarked mail recei is (which show -the neighbors names, addresses and post office location when mailed); b) return green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If you have any questions, please feel free to call us. Enclosures very truly yours, Linda Kowalski MaryAnn Cybulslzi Lucia. Farrell P.. S.. Also enclosed is a si n. for posting at .the property, in res onse to our referral for comments. le��g.97/1®t e� and letter from P.B. G W LANNING BOARD MEMBERS-- ®��SVFfOi JCOG RICHARD G. WARD may` �fifi1 �� N - o C� GEORGE RITCHIE LATHAM, JR. y 2 BENNETT ORLOWSKI, JR. p WILLIAM J. CREMERS �� KENNETH L. EDWARDS PLANNING BOARD OFFIC TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Bennett Orlowski, Jr., Chairman "Al/ 405 RE: Proposed Minor Subdivision for Nickart Realty Corp. SCTM# 1000-52-13 DATE: June 12, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 JUN 1, F2 .- - The Planning Board reviewed the above mentioned file in response to your June 6, 1997 request for comments. The subject parcel is located in the R-40 Zoning District which requires a minimum of 40,000 square feet. The total area of the parcel is 34,891.56 square feet, which is less than that required in the R-40 Zoning District. The Planning Board is not in favor of creating lots which are less than the minimum zoning requirements. In addition, the subject parcel is within 300' of L.I. Sound and more importantly, within 100' of Hashamomuck Creek. This -creek is the Town's most productive shellfishery. It has been designated by the Board of Trustees as a .local Critical Environmental Area. Although public water is available at this site, sewage treatment is not; therefore the subdivision of this property sets the stage for increased infiltration of septic waste and nitrogen into the head of Hashamomuck Creek. Although the subject parcel is within close proximity to several lots even smaller than the two proposed 17,449 square foot lots, the precedent this case would set if so granted, would be significant. The R-40 zoning designation would be rendered meaningless, thus opening the door to continuing subdivision of much of the partially developed waterfront or near waterfront property into the smallest common denominator. This could have serious cumulative impacts that are likely to be deleterious to the water quality of the Peconic Estuary and the tidal creeks that feed into it. Please contact this office if you require any additional information. enc. cc: Board of Trustees nn� APPEALS BOj� MBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann COORDINATION REQUEST BOARD OF APPEALS TOWN OF SOUTHOLD TO: Planning Board FROM: Zoning Board of Appeals DATE: June 6, 1997 SUBJECT: Projects Pending Review and Approvals with PB Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 This will confirm that the following projects are presently on file, and coordination comments are requested to be made a part of the permanent ZBA file, on or before June 18th, if possible. Thank you. Nickhart Realty by Warren Sambach, Sr. - lot size variances in an R-40 Zone District, CR 48, Southold. Donald and Patricia Feiler - special exception for business offices. RO Zone District, Route 25, Mattituck. P• - �Z:) , File No: 7995 J • WARREN A. SAMBACH; SR. I 4A CONSULTING ENGINEERS • PLANNERS 7675 COX LANE • P.O. BOX 1033 CLITCHOGUIE, NY 11935 (516) 734-74 RID June 10 1997 IE0 Southold Town Board of Appeals Town Hall .P.-6- Box 1170 53095 Main Road Southold NY 11971 Town Board of Appeals: I respectfully request a postponement of Application No. 4480 - Nickart Realty Inc. Kindly let me know the date of the next hearing. S ncer� ly Warren A. Sambach Sr. P.E. wag c df WARREN A. SAMBACH, SR. CONSULTING ENGINEERS • PLANNERS 7675 COX LANE • P.O. BOX 1033 CUTCHOC (516) May 29 1997 File No: 7995 Board of Appeals `--- Town of Southold Southold Town Hall P.O. Box 1179 Southold NY 11971 Re: Nickart Realty Corp. (52-2-13) Board of Appeals: The proposed sub -.division of property into two (2) lots will have a road frontage of 193.88' with a depth of 89.68' for a total of 17,484 square feet per lot. The proposed residence of 1,435 square feet will occupy 8.2/ of the lot which is less than 20/ allowed. The proposed front yard will be 32.' with a rear yard of 26'21'. The front yard set -back will be more than the present residences to the east of the property on lots 17, 18 and 19. A new Notice of Disapproval from the Building Department is enclosed showing disapproval -for rear yard set -back requirements under Artice XXIV, Section 100-244B. The proposed sub -division road frontage of 193.88' exceeds the 150' required for a R-40 zone. The adjoining properties to the south between Old Cove Boulevard and Old Cove, as well as the properties to the west and east do not conform to a R-40 zone. The water main at the northeasterly corner of the premises is located 35' from the easterly property line. Location of vehicular rights of way are shown 20' wide. Page 2 May 29 1997 Applications and preliminary map have been submitted to the Planning Board for driveway and sub -division of the property and await the decision of the Board of Appeals. Sincerely, e - Warren A. Sambach Sr. P.E. was:df encl cc: Nickart Realty Corp. 0OUTHOLD TOWN BEACH'° �a MIDDLE ROAD C.A. 48 ' �0 -- p . Al Atrvll To ' E•4v rar-i� L �!3t d� E.S''.� 34� 2° ! , , :.._x ,� v - .: D I:6 T -R I',C'T : T:0:0-0 - rr, ©=S_ECT;kOt+1:', (�.' .. F� a; , 1 i �,'.Q, i�-+_.y� � �.�-._..... / } R.S •-"_ri.'_ D% � PQ ( ''�V�LO'�YI:r\moi',^G' - ' __. - T LEONARD . =O, 2'0"Inti j i J-'.._ - Q - _ 'LOT.--. 1,3-..(.p;art) - , %, .571 ) 1! 1 1 9 laF,S.D.ENCE`` L9 o� �., M --y 1•' ( Q Q- '' a' a. a N o b ( .RE.S D'EN.CE- ,, : �1 L -J 2L w 413\ W fNDU Q0de 0ra-T---_---I'm _?.��'c5'r ` _ ! A O. �' I111 Sc �t7_ 14,5 �Qk 7 _ is .l `T,1i'1JJ 4r ��• xqzj*: LG, >L�• U, %�' ', D C •O�V E (p r v a t e) 8 U E V { f t a a� _ _. FI— - - QDGg D1~? EAWATEz 9` r�. -.-,.-.�-g-3r-�- ' fr 1I � �`w:�>•_� IA!. --�H Ofii1M 139 SACHHHTlARIS A MNIS ! FEDER FiEDLER'1:, f 1.2 a. i OLD COVE SiT'E P'LAIV �oST r C- i-&\( a- 12.-Q, : (UWVVM Hl�(7wrflc- TO '1Zk'h��ilk LOCATION MAP HhNd 7.` 5 BROOKLYN-jAVENUE BALDWIN NY 11510 5.3400 ROUTE 48 SOUTHOLD' . NY 11971 • ;MARREN a' :`:CiT`CHOGtJEN119359 N3 J . 1.1x17' FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: ?1_7� 5` , 1997 //! OD a Attached is an(original (copy) of (new information adde o e original Town `/,BA file) re: Pending Application of/ d,7� 6n-64) &IZi'l /&� Other Comments: # of Pages Attached: ) Placed in Members' office mail boxes for update on 4/,5/97 by -------------------- Board. Trans WARREN A. SAMBACH, SR. CONSULTING ENGINEERS • PLANNERS File No: 7995 7675 COX LANE • P.O. BOX 1033 CUTCHOGUE, NY 11935 (516) 734-7492. _ ", �• ' 3 May 29 1997 Board of Appeals Town of Southold Southold Town Hall P.O. Box 1179 Southold NY 11971 Re: Nickart Realty Corp. (52-2-13) Board of Appeals: The proposed sub -division of property into two (2) lots will have a road frontaae of 193.88' with a depth of 89.68' for a total of 17,484 scuare feet per lot. The proposed residence of 1,435 square feet will occupy 8.2% of the lot which is less than 20% allowed. The proposed front yard will be 32' with a rear yard of 2612". The front vard set -back will be more than the present residences to the east of the property on lots 17, 18 and 19. A new Notice of Disapproval from the Building Department is enclosed showing disapproval for rear yard set -back requirements under Artice XXIV, Section 100-244B. The proposed sub -division road frontage of 193.88' exceeds the 150' required for a R-40 zone. The adjoining properties to the south between Old Cove Boulevard and Old Cove, as well as the properties to the west and east do not conform to a R-40 zone. The water main at the northeasterly corner of the premises is located 35' from the easterly property line. Location of vehicular rights of way are shown 20' wide. Pace 2 May 29 1997 Applications and preliminary map have been submitted to the Planning Board for driveway and sub -division of the property and await the decision of the Board of Appeals. Sincerely, Warren A. Sambach Sr. P.E. was: df encl cc: Nickart Realty Corp. /?V ti "TCM KE A:C H.' :MIODLE' A0XD C. A. 48 IMA To "DIS -CT:i 1:0700 TIM 52'' • oo -70) 7 J -!I zI L LOT (oar A) LEONARD n pn.. E; -SED- MDEN.CE`,' L 'U ni> \9 �Cv,s-L0,0 0OU54R 5VZ6� 14- 5-s Pt -,P P- IT Ob LOT 4�0 _Z4 i 4 7 Cil&Z 9-040 /-544AV vate) SOMLEVAPD', J 0 VE p L - T -o- 12 - g g,az- p 1 r--rWATF-V- CF.,06or P1 OT SAC'KHHTIARISU, _4 0, "M AN] FEDER •FIEDLER ul COVE .COVE FL04).O PLAW ZC�X Ab Toez,--S'�- To i2epipw �HI�04;E TO 9-FP)14hxj JUNA1971 - _.+ v L 01CA T1 ON, —MA -P O?. T•: R 775 R 0 "AVENGEi -B IN NT.' '111510 53400 RQVTR48 So MY 1.1:971..'.,' .P. R �R }.WARREN: S C6 i, Aisjjto+-f b:U.GTK9 t4 xtl A, IV. s -E: cAt "1" 40' - _.+ v L 01CA T1 ON, —MA -P O?. T•: R 775 R 0 "AVENGEi -B IN NT.' '111510 53400 RQVTR48 So MY 1.1:971..'.,' .P. R �R }.WARREN: S C6 i, Aisjjto+-f b:U.GTK9 t4 xtl APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman AT Serge Doyen James Dinizio, Jr. Roti 3 XX Lydia A. Tortora Maureen C. Osterman Mr. Warren Sambach, Sr. 7675 Cox Lane Cutchogue, NY 11935 BOARD OF APPEALS TOWN OF SOUTHOLD May 12, 1997 Re: Variances for ffichart Realty (52-2-13) Dear Mr. Sambach This will confirm that board members /have recently filed application. At this time, it will be you to submit the following, and once submitted, would be calendared by resolution at a future meeting: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 reviewed your necessary for the application _� a) each proposed lot size: road frontage and lot area. The f.1nti o size give is for the substandard lot as it exists. The proposed a changes are also required to determine the percentage of relief ij requested in each category and comparisons in the area. b) the building envelope of the proposed residence does not appear to meet the setbacks from the southerly property line. Please either obtain a corrected disapproval from the Building � e Inspector, or revise the map to show conformity. If a new Notice of Disapproval is obtained, please confirm with us in writing the - additional variances being requested for the application record. Please check with the Building Department as to the requirements, or refer to the zoning R-40 bulk area schedule. -y, , 19 - q e' o,� Ca-�-�.e.P,ed ) 6K LD L,,c) the notice of disapproval does not refer to the substandard nature of the new road frontages. d) there appears to be a water main and connections at the northeasterly corner of the premises. Please show the location of jtQ.�j the water main on the survey map and the distance from the owner's PO-- deeded lot line. e) please show the deeded lot lines with a solid line and also P show the location of all vehicular rights-of-way lines. f) please confirm in writing whether the applicant has submitted a preliminary map to the Planning Board for consideration W, 1 Page 2 - May 12, 1 To: Mr. Warren Sambach, Sr. Re: Richart Realty Variances 1000-52-2-13 L �1� and possible driveway locations. If not, please confirm the ®� entrances and on-site location of parking of vehicles for both lots. 1 g) seven (7) prints of a map, as updated or modified. Please also be aware that this property is located in a V -Flood Q Zone and is subject to the Coastal Zone Management Zone regulations r for floodways . Once the above information has been received at paragraphs (a) through (f), the Board will again review the file, and consider a date for a public hearing. ' Very LP.Goehriftger, , Ge Chairman cc: ZBA Members D E S C R I P T I O N O F P I C T U R E S Picture No: 1 Looking East, property begins at end of stockade broken fence, right side of picture. Picture No: 2 Looking southwesterly, property begins at left side of picture. Picture No: 3 Southwest corner of Rte 48 & Beverly Road. Picture No: 4 Looking east along private road. Property begins at stockade fence left side of picture. Picture No: 5 Looking north, halfway down the property from the private road. Picture No: 6 Looking northwest from the corner of Beverly Road & Private Road. Picture No: 7 Looking north at Southeast corner of property, Beverly Road & Private Road. Nickart Realty Inc. 775 Brooklyn Avenue Baldwin NY 11510 13 Picture No: 1 Picture No: 2 NICKART REALTY INC. JOB NO: 7895 SOUTHOLD NY 11971 Page No: I Picture No: 3 Picture No: 4 NICKART REALTY INC. SOUTHOLD NY 11971 JOB NO: 7895 Page No: '� It Picture No: 7 NICKART REALTY INC. 1 JOB NO: 7895 SOUTHOLD NY 11971 1 Page No: 4- NOTI ,- SOUTHOLD TOWN BOARD OF APPEALS, THURSDAY; JULY 10;1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public. hearings by the SOUTHOLD _TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095. Main "Road, Southold, • New :York -.:11971;-. on. ' THURSDAY, JULY 10;1997 at the times noted below (or as soon there- afteras •possible): 6:50 p.m. Appl. No`: 4494 AN= ` TONIO PIRAINO:11&.application is based upon: the Building•Inspec- tor's lune ::1997: iAction...of Disip- 'proval,-for.. a.Variance;unBerArtick III; Sectioi-106M,1 Bulk`3chedule, ` I 4or permission to place new dwelling with:insufficient: front:=yard:"setback from: right-of-way which, :passes through, center of . applicant's prop= " eery, and for reduced'rear+yard s'et back. -,tion of Property: 3637 Right.. -ty off the west side of Cox luetic Road, Mattituck; 1000- 113-3-23. Zone: R-80. 6:55 p.m. Appl: No. 4493 — ANDREW r.EXMRL - This ap- plication is based upon the Building Insp&Aor's June 2, 1997 Action of Disapproval; - for • a- Variance under Article BI -A, Section 100-30A.3. of the Bulk Schedule, for permission to place new dwelling with an -insuffi- cient rear yard setback. Zone: R-40 Zone. Location of Property: 1720 Anowhead^ Iane'y:(west side),' 7:15 p:m._'Ap0L: Nw'4492 - =- WALTER KLEII�I::This appW�tiom c_is based:capon:"the<Btir7dnog•Inspec-. tom's May;28;.1997•anof,Disap= pro"4. orlw'IdiggPermvsin`tlie�`a4- buile'_, nstru'ction=of=.accrasorli w garage in: ati area:othertha$ the:te- ._. 4 STATE OF NE . DRS) SS: C UN OF OLS) per of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy, has been.regular- ly published in said Newspaper once each week for 1 weeks successively,commencing on the_.aday of %19 (17 r_wuu.m•;uu�� �.uuaa�ynnat�ci:_,; . • back fmm pm'ate riglif-0f way (east;:=x t�y� �9 ply--1ine).amid'esc�sstve_Lu _ 3� .;coverage at 3235: MentiansetAveaae;-`: / Gieenpart,; NY;'cl000 43=1-t _Code?. / : �O Principal Clerk Provisions: Article:Ill;Ar>Sectibmi:t_ 1-• 100=30A3 and I0()_30A.4 _Zone: R= 40. Property size: 6821`sq:fG'; 725 p.m. Appl:; Na 4481) ;-L ��v NICKeART- = REALTY.- Sworn to efore me this (carryover}; -" _- +_ ~ dap of 19?7 40 p.m:' Appl. No. -:4480 7: -: RICHARD and TID�SA r - ANO. This application is based the April -19; 19W Action of D 5 MARY �JI;,I�A FOSTER P Y �gInspx-a , .. ). hap NOTARY DUBLIC STATE OF � EW YORK al issued b the Buil ' b Chapter 46; Section. 46 -ISA: 3�r. i • , tor; for. Variance. under AriicTe� new -construction. .10. 52-46555242, SUFFOL2(COUidTi r 7CXIV Sectio i00-244CamdSectio�= ' rovements shall -be elevated on pii-- COisii� MION EiPIRES AU(,UST 31, i9`' 100-33 for "permission"_ to ,, :: ings, ,columns or sheae.walls such. .locate' accessory garage building in a ftCmt`. - that the'botiom of the lowest horizon=' yard to less than the required 40'ft' ~tat structural members supporting"the- front yard. • setback provided � _by _ lowest elevated floor is elevated to or=" Article' 111,• Section 100-33C atid-Ar= above the level of the -base flood so as -' title XMV,' ,Section• 100-244B "pei..` "not to impede the flow -`of water.. taining to waterfront lots of less than Note: Building. Peimit;No. 22965 40,000. sq. ft. in :size Zone: -1140. dated-. Augusts 24; 1995=" authorized= Location -,.of. Property . 600 Beetle.= . applicant "...to renovate andalter, an. Drive:.Cutchogue;-NY;-County.Par-'` existing single-family:dwelling:.as., cel 1000-974-n5;, also.koawn: as Lot: , , applied. for:: " Locad6i.. of- Property: #29, Moose. Cove Subdivision Map.-' '' ._ :58365:: C.R_ : 48; Greenport,: New 7:50. p.m..Applications of ARTO - - York;1000- 442-13. This parcel con- KHRI EEAn -.for'- variance.; relief, - ,' tains a total lot area of 2125=sq; fL: based upon the April 28,1997Action ;.. The Board ofAppeils-will at said . of DisapprovaL of the Building; ln-,. ,time'and place hear ,iny-and•all per-. . spector m which` applicant. was do- : "' sons or. representatives desiring to be 1 nied -a building permit to,• coutimit _. :'heard`-iu=the atiove•appli6agans. Thi " ;constmction� for the_ following'mea- above hearings .will not start.before .-� sons the times designated.., Each, file is- i a) Article xmvl,�Section:.=106=, available for'review�duAng-regular. ' : 242B(1)I: a nonconforming. budding business . hours,.- and'=written. com- oontaining a "conforming: ue. which- meats may be• submitted before that -has been; damaged. by fire or other.: -hearing is concluded. If. you• have, causes•to the extent ofmore than fifty.. - questions, please do- not hesitate to (5Q%) pe=nGof,iis•fair-value shall. ca11765-1809. . not be repaired or rebuilt"unless•such Dated: June 21, 1997: J building is made subtostantially con- -, BY ORDER OF THE SOUTHOL.D form to the height and'yard.require- - TOWN:BOARD OFAPPEALS menta of the Bulk Schedule (see Sec- : " - -' GERARD.P. GOEHRINGEIt, I tion 100-244B Yoneonforming .Lots — Bulk Scheduled By Linda Kawalslo 1044-1TJu26-. -- SOUTHOLD TOWN BOARD OFAPPEALS THURSDAY, JUNE 19,1997, NOTICE IS HEREBY GIVEN, put- suant to Section 267 of the Town _Law ' and the Code of the Town of Southold, the following applications will be held for public hearings by ; the., SOUTHOLD',TOWN BOARD OF - APPEALS, -at the'Southold Town Hall; 53095 Main Road; Southold„New York 11971; on • THURSDAY,' JUNE 19, 11. 1997 at the time noted below (or as. soon thereafter as possible): 6:45 p.m. Appl. No. 4475 - MARY FISCHETTI (carryover). 6:55 p.m. Appl. No. 4483 — AN DREAS VASSILIOU. Request for it Variance under Article III=A, Section 100-30A.4 based upon the March 21, _ 1997 Action of Disapproval issued by the Building Inspector for permission to. locate an accessory _gazebo'in a front yard area at premises known as 580 Inlet Drive, Mattituck,.NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential. 7:05 p.m. 'Appl. No.. 4482 — CHURCH • OF GOD IN 'CHRIST. Request for ' a Variance under. Article ,-.XX,,, Section >100-205,based,•"upon .the`, April 30, 1997 Action of Disapproval` issued by the Building Inspector for permission to locate a new ground sign in excess of the size requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue. Parcel #1000-101-1-10. Zone. District: Agricultural-. Conservation. ' ` 7:10 p.m. • Appl.`' Nd.: 4488: LAWRENCE and JOSEPHINE PEARLSTEIN. Request for a Variance under Article XXIV, Section 100-244B for permission to construct addition, a portion of which will not meet the min- imum requited front yard setback at. premises known as 2225 North Sea Drive, Southold; Parcel #1000-54-4-23 ...` , Waiver under Article D, Section 100-26, Zone: R40 Residential. -• �— ,'' for nonconforming lot identified as 7:20 p:m. Appl. No. 4484 • 1000-103-07-11,' which adjoins non- PAULETTE . SATUR' MUELLER , conforming lot 1000-103-07-12, under and EBERHARD MUELLER. ;This Article II; Section 100-26. application is based upon the April 28, The lots in question were created by " 1997 Action of Disapproval.by the a. deed dated 2/1/1923, and dated Building Inspector. Variances are 1()/26/1964; under Section 100-25 the requested under Article III; Section :: lots in question are. nonconforming and 100-33 for approval of the location of a ; : have merged because, they' have been new dwelling to.the rear (behind) exist-„ `: held In 'common ownership, at some ing accessory buildings; leaving a front' ` time after July"1,,1983." Location of ' yard location for the accessory build- Property: Stfllwater . Avenue, ings. Location of Property: 3705 LSttchogue, NY; also shown as Lots 7 Alvah's Lane, Cutchogue; County and 8 on the Map of Green Acres filed Parcel #1000-101-2-24.5. Zone Dis- ,,. in, the Suffolk County: Clerk's Office tricti Agricultural -Conservation. No"vember 3, 1971:: 7:35 p.m. Appl. No. 4480 _ NICK- ' . ' • The • Board of Appeals will at said HART REALTY. This application is'- time and place hear any a6d all persons based upon the September 18, 1996, or representatives desiring to be heard updated April 28, 1997 Action of in the .above applications. -The •above Disapproval by the Buildieg'lnspectoi }ieeiidgs°.wilihnot siitrf liefoie the time which states: "...1) insufficient lot area"';' designated. Eacli file' is available for ' and depth in an R-40 Zone. A lot is .., = , review during regular business hours, j required to have an area of 40,000 sq. ft.', ;, and written comments may be submit= and is required to have a depth of 175 ted "before that hearing is concluded. If feet.,Article III -A, Section 100-30A.3, ' • 'you have questions, please do not hesi- 2) Insufficient front yard setback fora ' late to call 765-1809. non -conforming lot — Article XXIV, " .' Dated: June 2;1997: Section 100-244B ...” 'Location IoU' , ; ,,. , BY ORDER OF THE SOUTHOLD• Property: 53400 County Road 48, ,•; TOWN BOARD OF APPEALS STATE OF NEW YORK) ) SS: C FI�Y�OF SUFFOLK — of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly publ shed in said Newspaper once each week for weeksly, ¢yommencing on the day o= 1'�. cly)\ Principal Clerk Southold, NY. County Parcel #1000-52--- ` ' GERARD P. GOEHRING$R, 2-13. Zone District: R-40 Residential— c ; , C6ainitan (Also, proposed two parcels contal>S �c'c-, 'By��nda Kowalski I `ry � L Sworn to fore me this , insufficient lot width; code requirement 1017-1TJu5`- =- == day of 19 7 is 150 ft. for each lot created.) 7:55 p.m. Appl. No. 4487 — DON- ALD and 'PATRICIA FEILE i 1 i t �� + MARY DIANA FOSTER NOTARY PUBLIC STATE OF NEW YORK (Owner: Homan Realty). This is �h ,t 1 ��' NO, 52-655242, SUFFOLK COUNTY request for a Special Exception and " Article VII for conversion"df builds g • I..._.......... ]` �i! G: 1 ���z,� ;�,, i /•�f CorAMISSION EXPIRES AUGUST 31, 19�j 7 from single-family to "business a d professional offices",as provided by . : Section 100-71B, subsection 2. Zone, District: Residential -Office Location of Property: 117525 Main Road, .Mattituck; County Parcel. No. 1000-141-440. 8:00 p.m. Appl. No. 4469 — RAY-' MOND FEDYNAK. (Carryover) 8:15 p.m. Appl. No. 4489 — DOU- GLAS W. McGAHAN (Owner: Evelyn Fleet). Applicant is requesting a DoT 5 i 2 -ES + Se T BA( -Ks (VAf 6I06etS NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a_ public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53®95 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: NICKHAtr R C --14L Y DATE OF PUBLIC WEARING: h U CS -3 TLA A E t Q, I qq *-01 1`,3; P-m,- If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day. of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD (516) 765-1809 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. Lydia A. Tortora Maureen C. Ostermann Re: New Application Dear z't-,-a'o ej-J) BOARD OF APPEALS TOWN OF SOUTHOLD May 28, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Attached for mailing by you, certified mail, return receipt (green signature cards) , is a copy of the Legal Notice regarding your application and hearing. The Legal Notice confirms a brief description of your request, the hearing date, time and place. At least ten (10) days prior to the hearing, please send a copy, certified mail -return receipt requested, of this Legal Notice to all surrounding property owners and owners across any street or right-of-way. It_ is suggested that you include a cover letter giving your name and telephone number and a copy of the map showing your proposed project. Also enclosed is a sign for you to post on your property within 10 feet from the front property line, for a period of seven (7) days, or longer at your choice. The sign must face the traveled road or town street. Please sign the enclosed Affidavit of Posting and Mailing before a notary _ public and return it to our office (not later than the hearing time), and attach the following: a) postmarked mail receipts (which show the neighbors names, addresses and post office location when mailed) ; b) return green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If you have any questions, please feel free to call us. Very truly yours, Linda Kowalski MaryAnn Cybulski Enclosures P. S. An extra copy of the standards of law is attached for your use at the hearing. lnag.97/letteif APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 19, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JUNE 19, 1997 at the times noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4475 - MARY FISCHETTI (carryover). 6:55 p.m. Appl. No. 4483 - ANDREAS VASSILIOU. Request for a Variance under Article III -A, Section 1.00-30A.4 based upon the March 21, 1997 Action of Disapproval issued by the Building Inspector for permission to locate an accessory gazebo in a front yard area at premises known as 580 Inlet Drive, Mattituck, NY; Parcel ID #1000-106-2-1. Zone: R-40 Residential. 7:05 p.m. Appl . No. 4482 - CHURCH OF GOD IN CHRIST. Request for a Variance under Article XX, Section 100-205 based upon the April 30, 1997 Action of Disapproval issued by the Building Inspector for permis- sion to locate a new ground sign in excess of the size, requirements of the code. Location of Property: 15625 C.R. 48, Cutchogue . Parcel #1000-101-1-10. Zone District: Agricultural -Conservation. t y Page 2 of 3 - Legal _ . --ice Southold Town Board of Appeals Regular Meeting of June 19, 1997 7:10 p . m . Appl . No. 4488 - LAWRENCE AND JOSEPHINE PEARLSTEIN. Request for a Variance under Article XXIV, Section 100-244B for permission to construct addition, a portion of which will not meet the minimum required front yard setback at premises known as 2225 North Sea Drive, Southold; County Parcel #1000-54-4-23. Zone District: R-40 Residential. J 7:20 p.m. Appl . No. 4484 - PAULETTE SATUR MUELLER and EBERHARD MUELLER. This application is based upon the April 28, 1997 Action of Disapproval by the Building Inspector. Variances are requested under Article III, Section 100-33 for approval of the location of a new dwelling to the rear (behind) existing accessory buildings, leaving a front yard location for the accessory buildings. Location of Property: 3705 Alvah's Lane, Cutchogue; County Parcel #.1000- 101-2-24.5. Zone District: Agricultural -Conservation. 7:35 p.m. Appl . No. 4480 - NICKHART REALTY. This application is based upon the September 18, 1996, updated April 28, 1997 Action of Disapproval by the Building Inspector which states: "...1) Insufficient lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. Article III -A, Section 100-30A.3, 2) Insufficient front yard setback for a non -conforming lot - Article XXIV, Section 100-244B .... " ' Location of Property: 53400 County Road 48, Southold, NY. County Parcel #1000-52- 2-13. Zone District: R-40 Residential. (Also, proposed two parcels contain insufficient lot depth; e —�hFW Page 3 of 3 - Legal IN ;e Southold Town Board or Appeals Regular Meeting of June 19, 1997 p�oesec-pedes e�}- -rear--y f—fu1-u-re' —ccvv-cTrrrr� ... , 7:55 p.m. Appl. No. 4487 - DONALD AND PATRICIA FEILER (Owner: Homan Realty) . This is a request for a Special Exception under Article VII for conversion of building from single-family to "business and professional offices" as provided by Section 100-71B, subsection 2. Zone District: Residential -Office (RO) . Location of Property: 11725 Main Road, Mattituck; County Parcel No. 1000-141-4-40. 8:00 p.m. Appl. No. 4469 - RAYMOND FEDYNAK. ( Carryover) 8:15 p. m. Appl. No . 4489 - DOUGLAS W. McGAHAN (Owner: Evelyn Fleet) . Applicant is requesting a Waiver under Article II, Section 100-26, for nonconforming lot identified as 1000-103-07-11, which adjoins nonconforming lot 1000-103-07-12, under Article II, Section 100-26. The lots in question were created by a deed dated 2/l/1923, and dated 10/26/1964; under Section 100-25 the lots in question are nonconforming and have merged because they have been held in common ownership at some time after July 1, 1983." Location of Property: Stillwater Avenue, Cutchogue, NY; also shown as Lots 7 and 8 on the Map of Green Acres filed in the Suffolk County Clerk's Office November 3, 1971. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for. reviews during regular business hours, and written comments may be submitted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: May 29, 1997. BY ORDER OF THE SOUTHOLD TOWN. BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. R O�'�XX Lydia A. Tortora Maureen C. Osterman Mr. Warren Sambach, Sr. 7675 Cox Lane Cutchogue, NY 11935 r�p FOZ r � Cn BOARD OF APPEALS TOWN OF SOUTHOLD May 12, 1997 Re: Variances for Richart Realty (52-2-13) Dear Mr. Sambach: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 This will confirm that board members/thave reviewed your recently filed application. At this time, it will be necessary for you to submit the following, and once submitted, the application would be calendared by resolution at a future meeting: a) each proposed lot size: road frontage and lot area. The size give is for the substandard lot as it exists. The proposed changes are also required to determine the percentage of relief requested in each category and comparisons in the area. b) the building envelope of the proposed residence does not appear to meet the setbacks from the southerly property line. Please either obtain a corrected disapproval from the Building Inspector, or revise the map to show conformity. If a new Notice of Disapproval is obtained, please confirm with us in writing the additional variances being requested for the application record. Please check with the Building Department as to the requirements, or refer to the zoning R-40 bulk area schedule. c) the notice of disapproval does not refer to the substandard nature of the new road frontages. d) there appears to be a water main and connections at the northeasterly corner of the premises. Please show the location of the water main on the survey map and the distance from the owner's deeded lot line. e) please show the deeded lot lines with a solid line and also show the location of all vehicular rights-of-way lines. f) please confirm in writing whether the applicant has submitted a preliminary map to the Planning Board for consideration Page 2 - May 12, 1c To: Mr. Warren Sambach, Sr. Re: Richart Realty Variances 1000-52-2-13 and possible driveway locations. If not, please confirm the entrances and on-site location of parking of vehicles for both lots. g) seven (7) prints of a map, as updated or modified. Please also be aware that this property is located in a V -Flood Zone and is subject to the Coastal Zone Management Zone regulations for floodways. Once the above information has been received at paragraphs (a) through (f), the Board will again review the file, and consider a date for a public hearing. Very tru yours, .'Ge rd P. GoehriAger, Chairman cc: ZBA Members APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen - James Dinizio, Jr. IKA(Aoc Lydia A. Tortora Maureen C. Osteinann .✓fYL�� 4FFOI,rc�G yr► C* cc Z BOARD OF APPEALS TOWN OF SOUTHOLD S.E.¢.R.A. TYPE II ACTION DECLARATION Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 June 19, 1997 Appeal No- 4480 Project/Applicants:. Nickhart Realty County Tax Map No. 100Q- 52-2-13 Location of Project: 53400 CR 48, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Sub -divide lot - insufficient 'lot area and depth in an R-40 Zone and also insufficient front yard setback for a non -conforming lot This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Qualitv Review Act of the Environmental Conservation Law and Local Law 4744-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR. Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Depart-ment may not bean involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)3, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA,project file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4480 DATE: MAY 1, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted is an application for a variance submitted by Warren A. Sambach on behalf of NICKART REALTY CORP. together with Zoning Board of Appeals Questionnaire; Short Environmental ® Assessment Form; Notice of Disapproval from the Building Department; survey; and other relevant documents. Judith T. Terry Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NICKART REALTY CORP. to the Board of Appeals of the Town of Southold 1-1061 YOU ARE HEREBY GIVEN NOTICE: t NOTICE TO ADJACENT PROPERTY OWNER a,6 1 V AZ 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 53400 County Road 48 SWC Corner Beverly Road Southold NY 11971 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 4 That by such Petition, the undersigned will request the following relief: subdivision for two (2) lots for building two one family redidences 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section_ 100-30—A3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such" hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRJL 2- 6) 1 q V Warren A. Sambach for Petitioner Owners'Names: NICKART REALTY CORP. Post Office Address 7675 Cox Lane PO 1033 Cutchogue NY 11935 Tel. No. ( 516 ) 734-7492 [Copy of sketch or plan showing proposal t,o b.e attached for convenience purposes.] PROOF; OF MAILING OF NOTICE ATTACH CER-'IFIED MAIL RECEIPTS NAME ADDRESS Cauleys Southold Beach Motel Inc. Starlitraris Achelles John Philleppides Irving & Virginia Feder Meredith Brady George Sanitos Paetz P 426 745 880 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not USA fnr Inf-s;..­ .._.. , 333 Houston Avenue Williston•Park NY 11596 159 New Hyde Park Road Garden City NY 11530 35 AValon Road Garden City NY 11530 8750 S. Ocean Drive 1634 Jensen Beach, Fla 34957 9933 Park Walk West Charlotte NC 28269 73-14 21 Street Jackson heights NY 11370 53750 North Road Southold NY 11971 residing at 255 Dogwood. Lane East Marion NY 11939 'being duly sworn, deposes and says that on the 1 St day of May , 19 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 1st d of May 119 97 Notary Public JOYCE M. WILKINS Notary Public, State of New York No. 4952245, Suffolk County Tenn Expires June 12,19= (This side does not have to be completed on form transmitted to adjoining property owners.) The N.Y.S. Environmental Qualitv Review Act requires submission Of this form, and an enviro-amencal review will oe a:ade Ly this L)oard before any action is taken. SHORT ENVI CLMENTAL ASSESSi1ENT FORf4 INSTRUCTIONS: (a) In order to answer the questions in this short EAE it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If anv question has been answered Yes the project may be sig- nificant and completed Environmental assessment Fora is necessarv. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment ; 1. Will project result in a large physical change to the project site or physicall_v'alter more than 10 acres of land? _Yes : X N0 2. Will -_here be a major change to, any unique or unusual land form on the site? _Yes -yo 3. Will project alter or have a large effect on an existing body of water? Yes X Vo 4. Will project have a potentially large impact on groundwater qualitv? _Yes X No 5. Will project signi_�icantly effect drainage flaw X on adjacent sites? Yes No o'. Will project affect any threatened or endangered Plant or animal species? _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X "No S. Will project have a major effect on visual char- acter of the commun.it_! or scenic views or vistas X known to be important to the community? _Yes No 9. Will project adversely impact anv site or struct- ure of historic, pre -historic, or paleontological importance or any site designated as a critical envircnmental area by a lccal_agencv? Yes- XNo 10. Will project have a major effect on existing or future recreational opportunities? _Yes XNo 11. will Project result in major traffic problems or cause a major effect to existing transportaticn systems? _Yes XNo 12, will project regularly cause objectionable odors, _ noise, glare, vibraticn, or electrical disturb- ance as a result of _he project's eperat=on? _yeS Xvo 13. Will project have any impact on public health or safetJ? _Yes X No 14, will project affect the existing communit bV directly causing a growth in permanent popula- tion of more than S percent over a one-year , cericd or have __es X No a majornegat_ve er=ect on _he charactar of the community or neighborhood? h, _s ta.._e public controversy ccncer pro j ec �? .._.^.g te . —des X Vo �. NICKART REALTY CORP APRIL 16 1997 QUA1C2^iA1 R E FOc TL,I�iG WI^_"' :'CUr�. Z.B.A. aPPLIc:,TIori I 1 • 1, IF I 61 I i . . ,. a A. Please disclose the names of the owners) and an -v ot:.er individuals (and entities) having a financial interest in the subject premises and a descr'_ption of their interests: (Separate sheet may be attached.) NICK GALVALAS NICK PALWOS B. Is the subject premises listed on the real estate market ror sale or being shown to prospective buvers? { } Yes { X }' No.. - (-If `Tes, —atyar-n =py as "Condi`' nr.e" of sale-) C. Arehere a= 6po5als ge' r alter l -n { } Yes {X} No (Just kandscaoing) D. I. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted wit: this application? N/A 3. Is the prope�t� bul:�headed between the wetlanr�s area a:'d. r the amland Eui_d 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area cif proposed.const=uction at or below five feet above mean sea level? .A. (If act applicable, state.','N.A. F. Are there any patios, concrete barriers, bulkheads or fe^.cns which exist .and are not shown on the survey map that you ars submitting? NONE If none exist, please state "zone.'' G. Do you have any construction taking place at this time concerning your premises? NO If ?es, please suh^it.a ccc_ Of .your buildinc permit and .nap as approved by the De�artzient. If none, please state. T.?. Do you or any cc -owner also own other land close = this parcel? NO If _res, please e xplail where or sut::it of deeds. - =. please list present use cr cperat'_cns conducted at this parcal VACANT and prcpcszd use TWO (2 ONE FAMILY RESIDENCES — dAMO go 4-1& -q7 y � FOf7M NO. 7 TOWN OF SOUTHOLD SEP 18 Igg6 BUILDING DEPARTMENT SEP TOIVN CLERK'S OFFICE SOUTI-IOLD, N.Y. NOTICE OF DISAPPROVAL Date , , September 18,... _ . 19 .96 . . To Warren A. Sambach, Sr. a/c Nickart Realty Corp. 4101 Cox Lane - P.O. Boz 1033 Cutchogue, N.Y. 11935 PLEASE TAKE NOTICE that your application dated 1 19.96 for permit to SUBDIVIDE AN EXISTING LOT & BUILD A SINGLE FAMILY DWELLING .. .. ................................................at Location of Property 53400 COUN`1R ROAD #48 SOUTHOLD, N.Y. House No. .......... Street .......................Hamlet* County Tax Map No. 1000 Section ... 5?.......... Block ....2 ......... Lot ... 13_: Subdivision ................. Filed Map No. ................ Lot No. .................. is returned Herewith and disapproved On the following grounds ............................... ............... 1: Insufficient lot area and depth in an R-40 Zone. A Lot is required to have an ..................................................... area of 40,000 sq. ft. and is required to have a depth of 175 feet: Article III A Chapt: 100-30 A.3.............................................................. 2. .Insufficient front yard setbackfor anon, conforming lot = . Article •XXIV . -.. • - Chapter 100. . .. 244B. . ................................................ Action required .by the Zoning Board. of Appeals. Also subject to Planning Board Approval. .................................... . ..........•....................................................... �• ldn7__I�s_ pector GARY J. FISH I RV 1/80 FORM NO. TOWN OF . SOUT1101,D T1UT.i,DTNG DEPAR'T'MENT TOWN IiAIT. SOUTIiOLT), N.X. 11971 TiiT..: 765-1802 - 1:x:I14DO(i.................. 19.... Amrruve(I........... .. .. 19.... Perini.t Noi ........_....... ...................................................... ROARO OF 11iiA1.:1'll ...... . . . ... . . . 3 SiiTS) Or IJ ANS .. . .... . ... . .. . S () R V I? Y _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CURCR SIiP-T'IC FORM ------------------- NOTT FY : CAI,i 516-734-7492 MALI, T'O:K-A: SAMBACH SR: 7§:7 5_ ,COX• _LANE . P . 0 .. •BOX_ _10 3 CUTCHOGUE NY 11935 rr - — _•------------------------------- it S 11 N UU IS �`L � (Rui.lding Inspector) I !� y y� APPLICATION FOR 1111JI INC PERMIT to . Dat-eAUG ........ lo -96. -„.,.."l.r?; h..;.Z•"��,-"fC !;� TNS-TRl1C-1'TONS a_ 'Ibis a1r[)Lic3ticn rn)-^.t Ire calq)letel.y .filled in try tylvwri ter or in ink mxl stibmiLt:ed to the TltriWing lnslxcl.or 14101 :1 sets of plans, accurate plot plan to scale- Fee according to schedule. %h. Plot plan ;,)rowing location of lot: 31x1 of Imildirrgs (nl prcudses, relationship to nd-joining premises or lxrbl.ic sl:reet:s or areas, arxl giving n detailed description of laymrt of property mist ire drT-7tr on the diagram vAdd) is part of This alnrlication. c- the w(rrlc cwere(1 try tlr.is appl.icaLicm rrzy not: ire arninenced before issuance of Building Permit. d_ ipon alr[)ruval. of Lhis application, the iN10ding inslrecLor will. issue a Wilding Permit to Idle applicant. Stich permit shall be kept Oil the premises :available for inspection d,r(xlglrouL the work. e- No Tnlilding :ball be occupied or tired in whole or in IknrL for any purlxrse whatever until a Cpr.tificate of Occuparx_y shall. have been granted by the Building TnspecLor. APPLI(:A ION 'TS 111sTai,1TY WIE to tl,e ikrilding Deparb»enL for the issuance of a Wilding Pen -nit ptarsnant to Lhe Wilding, Zcxx- Ordi.narx.e of the 'T'otan of SmLhold, Suffolk C(xrnLy, New York, and other. applicable I jws, Ordinances or. ReguiaLions, for the console-lJrn of ix)ildings, additions or alterations, or for rernoval or demolition, as herein describe.d. The applicant- agrees to comply with all. applicable laws, ordinances, Imilding code, ixajsing code, and rel;rrlations, axl to adiiit aullrorized inspectors on premises aril in lxr�ij.(ling for necessary inspections. PAL L �.t EQ _ �CQ�.. Z ...... . (Signature of: nppl.icanL, or. nam, if a corlx)ration) 7675 OGXLANE P.O. BOX 1033 CUTCHOGUE (PL•ail.iirg address of: al�lil.icanL) 11 , State talrether, aiplicant is owner, lessee, ligellL, architect, eng.tneer, general. crnatr3ctor., el.ectrici.an, pltrrirer. or Ixrilder. ............... FiIVG l u R..._._._.:.......__.._.__...._........._:_:...._.......... .................................. Mw of miner of premises .NICKART REALTY CORP.'...... ...... ...•-•...._.. .. .. (as on the tax ml or 1nLest deed)' If alrl)I icant: is 3 corporation, sigrviLure of duly malloriz(:d officer_ ......................................................... e e (R-Y,xt mxl L-iLl.e of corporate officer) Tluilders license No. -TO BE•.SELECTED It if n Philirers T.icense- No. ......................... i-0 ectricians license No . ..................... Other Tr:xle's License No . ............ .. . . . .... . SOUTHSIDE OF ROUTE $* 283.88' EAST OF CAROLE I,ocat.ioo of l.arxl. cm which proposed work wi 1.1 Ix-- d(nre. ...... . ................ . ................ . .. . . ... . . . . .....Rf]AD 53500 ROUTE 48 SOUTHOLD 11971 __________________•----...._...._..------____..__..__......_.._..........._........_........... Ik)trsc NxTber Street TTarrileL (kn)rrty •i:.x Mrrp No_ I(XX) Sect i(x, . Q.5? ..._ .... _ .. _ )fl oek . - . 2 - - _ _ ..... _ _ 1,ot 1.3...1 ........ _ - Stdxlivision ...................................... File(1 Kip No_ ............... Iot ............... Kam) State existing Use aril occtrTkrrxy of prc?ni ser aril intprxled rise and occupow-y of prol)crsed cmistmctiou! _ a. Existing use 3tXJ m-111<rrx7y......VACANT ....................................................................... h_ inlcrx1111 ONE FAMILY RESIDENCE IJ!;(! 31x1 (x:culxrrx-y -• .................................................. ). Kituce of tmilc (dkeck taaicli al,plicahle): iknj Ikiildiog AcklitLoci Alteration .... Itr:juiir. ............ Ittzirwal Iki,tnlilion Other 1,kiilc (Ikacript:icm $125,000.00 ) 4. E'sLinkilL'd (osl- ......................... fee (to lie j,aid oo filing this appi i(,aLioo) 5. If (h.xel I iog, ixiil,er of tLell ing uoiLs ONE............ NE___,_. Umber of ch,,el l ing rani Ls oil ear: l floor ........... . ... . if garage, ir<nlier of cars . TWO ... ............................ ii. if Ixasitiess, cxtnmercial or mixed occulia(Icy, sl)ecifY nature aikl exLenL of each Lype of use ...................... ). Dia,ensions of: existing sLrov[.Lires, if ally: Ffool:................ )(ear I)ept11 ................. Ik:i&L N,ni,er of Stories Uhciensions of same SCrtk:Lure with alteraLicxts or additions. FrooL ............... Rear ............... Ikep(II IL-il4it Uxilxer of Stories ............... 4.9.1.6." 491611 tl. Illnc:nsl<xis of enure ixew ccxisl'rtk:L icni: L'rcxtL" . ....... . . . Itcaar 24' TWO lie ijort: ......................... N,ilier (if Stories ..................... 9. Size of lot:: I�'rcxtl 1.93:88 ' 193. 88 Depth _..90:1.8 �_........ Rear' IO_ Nice of: l'orchasel-21-82........... 11a11ne of Fortier (141ker HELMUT )?iSS II. Z(xie or use district: 'ill wlddi premises are sittiared R-40-,,,,,__,._.„-„__„ ............................... .. 12. Ik)es proposeil coostrtka.ion violate ally z0oing law, ordiciaoCe or regulal.ion: .. YES 13- Wi 1I lot lie regrack:d ..... .............. Will excess fill he reinved fr(-xn prclnises: YES U) NICKART REALTY CORP 775-B)g,YN AVE 516-867-7500 111. NYnes of (Xaiier of prcyuises .. .. .... _ .. _ A . _ .. _ C. _ . _ Address ... AU ............. 11loty! flo. ............. WARREN A. SAMBACH SR. BALDWIN NY 11510 1larir� of ArchilecL.................................... Acklress76`75 - COX ' LANE "'• 1'lioite tk�734-7492 """'•' Mine of ( oncracLor . . . . . . .. . . . ... Acklres,CUTQH.GUE NY ................ 11ioate No. ... _ ...... _ . . is this properLy within 3(X) feet: of it tidal weclaix]? A YES NO .......... All ylS, S(1[Tlll()11) 'ICXJN "11t11S111:S 17:Ithfl'1' tIAY lfl; 14.01' I)TAGRAPI Irx:ate clearly acrd disLinct:ly all Imildings, xAielher exist:iog or proposed, alkl iixlicaee all set—hack dimensions f -coin property lines. Give streeL and block milder or description accoreling to cleed,,aakl shoo st.reeL navies aixl ilklicate %,Awlliev interior or corner IOL. Al 205, V8` lett , 3412,, Q Q! w - a ONe'nity J i2cst m4cgt N o 49i-?o_T_T" V N N sM111" (x 18?4 Y(x(K, SS UXINIY ( .. SUFFOLK WARREN A. SAMBACH SR . _. _ _ _ _ . . . ...... .......Ixeinj; duly :wc,rn, dc:lxse:i a,xl sarya: that Ike is Like appl icaul (Naw of; iodiviclual sij;niug cootra('C) alx,ve n<'nied, lk! hi [lie ....................EGINEER ........... .............. ...................................................... (Cc)otrac:Lor, agent, cor'poraire ofTicer, el.c.) of said (7,4c,cer or millers, and is duly authorized Lo lx!rfonu or have perfoni,ed lite said work will Lo mike aixl fill: Ihi:a appl icaLioo; that all. stat(31enLs contained in Lllis appl icat ion are Lrt,e Lo [lie hest of his knowledge and b(d ie!f, aixl that. the work will lie l,erfoww-A in the uramw_r set forth ill Ule fli)I.ical:ion I`ilct(l therewidt. % ;a -mill to before ❑r! this �? ...day of: Lr.c.�.� r 1996.... . Rlt.ary l'iihl is ... to_C?:: _ � is :.. - _ _ .... . (Signature of Applicant.) // LINDA .J. COOPER Notary Public, State of New York No. 4822563, Suffolk County ,) --� 'term Expires December 31, 19 SOUTHOLD TOWN BEACH' MIDDLE ROAD C.R. 48 g �• �r<'j' �1 •li DISTRICT: 1000 J 514 'S•ECT1-0N:,0'52 BLOCK 2._ - ® LEONARD LOT: 13 tib; -PROPOSED, ((3 a 1' t v f PRO Z) SED ,` RESDENCE ` �` O. tr ! o ' RESIDENCE w — r d i ,. _.., N j r'vea t CIA ')LD COVE V + 5®• - BOULEVARD i f - O �AlWA7E� SF' wzPt� _ Q __—__ _- _ .. _S_ •`- SACHHHTIARIS ' -a MANIS FEDERFIEDLER W-.t.�._.,... Al, --r •- ... LOCATION MAP;..{ OLD COVE S IT E P L AN SCALE: 1"=40' Q!f3SE LOT .CHANGE '} r R R'EA. M. iC CORP.'. 775' '.BROOKLYN AVENUE"'' y Fac BALDWIN NY 11510 _ 53.400 `ROUTE 48' o : SOOTIIOLD Ni 11971.1 WARREN A. ,SAMBAC14 SR. 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