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HomeMy WebLinkAbout4452 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MARCH , 1997 Appl. No. 4452 - CHRISTINE RIVERA PARCEL ID: 1000-99-1-16 STREET & LOCALITY: 250 Sound Beach Drive, along along westerly side of Inlet Drive, Mattituck, NY DATES OF PUBLIC HEARINGS: Feb. 6, 1997, Feb. 25, 1997, and March 13, 1997 the RELIEF REQUESTED BY APPLICANT: AREA VARIANCE: On December 17, 1996 original request was to construct new dwelling addition and alteration; however, recent amendment of ZBA application as per survey dated March 11, 1997 applicant is requesting the location of new dwelling construction (rather than only an addition and alteration) due to recent advice she has obtained from Building Inspector(s) required Flood Management Laws for construction over 50% of value for this flood zone. This new dwelling construction is proposed at the minimum required 15 ft. sideyard from the westerly property line, and proposed 34.5 ft. front yard setback from the edge of steps to Sound Beach Road, and 34 feet from Inlet Drive (a dead end street). PROPERTY DESCRIPTION: This property is located in an R-40 Residential Zone District, being situate on the westerly side of Inlet Drive, and the northerly side of Sound Beach Drive, with frontage of 157.33 feet along a tie line along mean highwater mark of the Long Island Sound (Dec. 21, 1996). The size of the total lot area of this parcel is shown to be 39,996 on the March 11, 1997 survey, and is presently improved with a one-story ranch dwelling (single-family). BASIS OF APPEAL: January 14, 1997 Building Inspector's Action of Disapproval, which reads as follows: under Article III-A, Section 100-30A.3, "...proposed construction will have insufficient front yard setback for an R-40 Zone. With revised survey showing total property area as 39,996 sq. ft., 40 ft. setback is required .... " 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 because: a) Flood Management (FEMA) Law requires further elevation of dwelling and size of house will create a "tunnel" effect; Page 2 - Appl. #4452 Re: Christine Rivera Decision Rendered March 13, 1997 b) if applicant were required to meet code setbacks, the alternate would be to construct closer towards the Long Island Sound (fiood area), which is also not desirable to adjoining property; c) alternative would establish a different "line of vision"; d) all the same reasons given by applicant at the public hearings are hereby reiterated as if re-written in its entirety; e) this is the first dwelling which is required to be elevated at a height of 9 ft. from ground (and 10'5" first floor elev.), with reconstruction value over 50% of the existing house; f) as a corner lot, the easterly yard is deemed by the town zoning provisions to be a front yard rather than a side yard, when this would be defined side yard on an interior lot. g) the impact is minimized by the grant of alternative relief. 2. Board Member(s) find that the relief as alternatively granted is not substantial because houses in the area have similar setbacks (the house across the street has a 20 ft. front yard). 3. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: a) the new construction is an upgrade over the existing construction under the FEMA (flood law) regulations. b) setbacks on the westerly side are increased from 15 ft. to 20 ft.; c) to the east is acreage owned by operated by the Park District which buffers the subject property and the setbacks; d) not to grant otherwise could have extended the house closer towards the high water mark; 4. A majority of the board members find that the practical difficulties are self-created. 5. This is the mini~num variance necessary under the circumstances, and the health, safety, and welfare of the community will not be adversely affected by this location, is built in accordance with all laws and as alternatively granted herein. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, TO GRANT the following alternative relief: 1. Minimum setback from Inlet Drive shall be 29 feet to the property line; 2. Minimum setback from the westerly property line shall be 20 ft. which is the R-40 Setback requirement for lots 40,000 sq. ft. and over. Page 3 - Appl. #4452 Re: Christine Rivera Decision Rendered March 13, 1997 3. Minimum setback for proposed steps area from Sound Beach Drive shall be 34'5", as requested. 4. Any mechanical systems or structures shall be located on the easterly side of the house (or underneath). VOTE OF THE BOARD: AYES: Members Goehringer, Doyen, Dinizio, Villa and Tortora. This resolution was duly adopted. Approved for filing Also reviewed by Actions. zb/991-16 RECEIVED AND FILED BY TIiE SOUTHOLD TOWN CLERK DATE ~t~ .~ I~ ,7 HCJUR ~: ~ { Town Clerk, Town of Soulhold APP')ALS BO~RD MEMBERS Gerald P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A, Tortora 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 LEGAL NOTICE 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, FEBRUARY 6, 1997, as noted below: 6:45 p.m. North Shore Yacht Sales, Appl. #4458 - MICHAEL HUGHES This is a request for a special exception under Article X, Section 100-101, 11500 B12 for new and used boat sales at/Main Road, Mattituck, NY; Parcel #1000-122-3-6. Zone district: B Business. (Site owner: Harvey Bagshaw) 6:50 p.m. Appl. No. 4454 - SALVATORE and IRENE ARIOSTO· Based upon the 10/09/96 Action of Disapproval by the Building Inspector under Article III, Section 100-33, applicant is requesting to locate a storage building (as built) in the front yard area. Location of Property: 110 Selah Lane, Mattituck, NY; Parcel #1000-106-09-4.8. 6:55 p.m. Appl. No. 4457 -JAMES and DIANA MINOQUE. Based upon the 01/03/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 20% lot coverage at this premises. Location of Property: #1000-115-10-6. 7:00 p.m. Appl. No. 5650 New Suffolk Ave, Mattituck, NY; Parcel LOIS T. ANDERSON. Based upon the 12/16/96 Action of Disapproval by the Building Inspector under Article XXIII, Section Page 2 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals 100-239.4B, applicant is requesting to construct a deck addition to dwelling which will be less than the required 75' from the existing bulkhead. Location of Property: 2515 Calves Neck Road, Southold, NY; Parcel #1000-70-4-45.5. 7:05 p.m. Appl. #4456 FRANK and PATRICIA REILLY. Based upon the 01/06/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the premises. Location of Property: #1000-99-3-18. 7:15 p.m. Carryover ALAN SCHLESINGER. required 35' front yard for this residential 25 Eat Side Ave., Mattituck, NY; Parcel Hearing: Appl. No. 4410 GARY SACKS and Based upon the July 16, 1996 Notice of Disapproval from the Building Inspector, applicants request a Variance under Article XXIII, Section 100-239.4B for a proposed deck addition within 75 feet of bulkhead, at 125 Mesrobian Drive, Laurel, NY; Parcel #1000-145-4-7. 7:25 p.m. Appl. No. 4448 - MARIA ANDRIOPOULOS. Based upon the 11121196 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a vari, nce for the location of a portion of a proposed deck addition within 75 feet of an existing bulkhead at 1605 Westview Drive, Mattituck; County Parcel #1000-107-7-9. 7:30 p.m. Appl. No. 4452 - CHRISTINA RIVERA. Based upon the 1/14197, Action of Disapproval by the Building Inspector under Article IliA, Section 100-30A.3, applicant is requesting a variance for permission to locate a portion of a proposed addition to dwelHn~ for which a portion will Page 3 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals be located at less than the required 40 ft. front yard setback from Inlet Drive, and a small portion of steps less than the required 40 ft. front yard from Sound Beach Drive. Property Location: 250 Sound Beach Drive and Inlet Drive, Mattituek, NY; County Parcel #1000-99-1-16. Zone: R-40 Residential. This parcel consists of apprexira2tely 40,000 sf. in total area. 7:35 p.m. Appl. 12/0~/96 Action of No. 4451 - MARLIN JEAN PRAUS. Based upon the Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for approval of steps and deck construction, as built, near existing bulkhead at 2175 Nassau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. 7:40 p.m. Appl. No. 4453 EDWARD AND EVELYN HALPERT. Based upon the 11/18/96 Action of Disapproval by the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A, for the proposed alteration and second floor addition (expansion) of a nonconforming building which has contained a nonconforming (preexisting) living ,~nlt, separate and accessory to the nmln dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+/- acres. County Parcel No. 1000- 66-1-31. Zone: M-31. 8:00 p.m. Appl. No. 4455 - JOHN and CATHLEEN HARRISON. This is request for a waiver under Section 100-26, based upon the 11/14/96 Action of Disapproval by the Building Inspector. The Building Inspector has determined a merger under Article II, Section 100-24A because they have been held in common ownership at sometime after July 1, 1983. Page 4 - Legal Notice Regular Meeting - February 6, 1997 Southold Town Board of Appeals Property Location: 1225 & 1227 Pine Neck Road, Southold, NY. Parcel #1000-70-5-36&37. Zone: R-40. Size of lot when created less than 20,000 sf. 8:15 p.m. Appl. No. 4401 DAVID DEFRIEST, as Tenant. Carryover hearing, continued from 11/14/96, and from 12/12 per applicant's request. Use variance is requested for a car rental business concerning property located at 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for entire parcel. 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. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to cail 765-1809. Dated: January 21, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman X I'(.)WN ()F IHIIIJ)INf; I)Ei.AI(I ~II.:.NT '1 OWN CI,I!R IFS ,S()ll'l'll()hl). N Y. JAN I 4 I': FUIIM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.~ 765-1803 3 SETS OF PLA~IS SURVEY CIIECK SEPTIC FOIHI IIOT 1 PY J CALL HAIL TO~ · DEC (Bull.ding Inspector) ~ ., , :",! ~.J APPLICAT ON;FOR'BUILDING PERMIT ...... ' K Date .. ~. INSTII. UCTIONS a. Tiffs apphcatlon must bo completely ltl!ed hl by typewriter ( r In ink and submitted to the Building Ilispector, with sets 6f plans, accurai& plot plan 1~19, '~g3gaordlng to schedule. : ' b. Plot plan showlt]g Iocatlgn of lot and of buildb~gs on premises, relationship to adjoining premises or public shee or areas,'and giving a detailed descripllon of layout of property must be drawu on Ibc diagram .which is part of this app cation. c. The work coveted by thl~ application may not be commenced before issuance of Building Permit. d. Upon approval of this applicatiou, the Building Inspector will Issued a Building P~nnit to the applicant. Such peru shall be kept on the premises available for iuspeclion throughout the work, e. No building ~hall be occupied or used in whole or in part for any purpose whatever unlll a Certificate of Occupan shall have been granted by tho Building lnspecior. APPLICATION IS IIERE~ MADE to-the Building .Deparhnent for the issuance of a Building Permit pursuaut Io I lhdlding Zone Ordinance of the Towu of Southold, Snffolk Connty, Now York, m~d other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolitiou, as herein desc/ib~ The applicant agrees to comply with all applicable laws, ordinances, buildb~code, bousln8 code, and regulations, mid _ .. (Signature of applic~fl, or name, if a corporation) State whether applicant is owner, lessee, ageut, architect, engineer, geueral contractor, electrician, plumber or build .................................................... - ......... ' ' (as omi the tax roll or latest deed) If applicant is a corporati'on~ signature of duly authorized officer· (Name and title of corporate officer) Builder's License No .......................... l'h,,,iber's License No ..... /.~ ~.."J..~. ........... . Electr claus L ce ]se No ................ Oilier Trade's License No ...................... I. Locatiou of land on which proposed wolk will be done ............................................... 2.5'0 ~Oo/,Jl> I~,tg¢,,c.~ PP-~O~-~, tvlATT~TOc.¢<-/ N,~. Il IIouse Nulnber Street Ilamlet County Tax Map No. 1000 Section .............. Block .,. ~ } ,.,,, Lol' Subdivisio,, ~P~ ~PP ~~ Filed Map No. I (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use andoccnpancy....~/~ .............. ~ ~1~......~~. ........................ b. Intended Uso and occupancy ¢/~ &~ '-~/~ Exanlilled . ~:. ;I; . FORMNO.! 3 SE~S OF ?LAtlS TOWN OF SOUTHOLD SURVEY BUILDING DEPARTMENT ClIECK TOWN IIALL SEPTIC FORtl SOUTHOLD, N.Y. 11971 TELA 765-1803 IIOT 1 PY ~ CALL J'IA I L TO: .' . ' - . ' ~ . I , ~ DEC 5 ,',, o , ~} .~ ';". ~ '..~ .'~ .-. ;-~:~' [.~{ : . '(Building lusp~ctor) ~ ' · J~JJ'J~ ~ j=~ ~e?['. '}',] APPLICATION ~OR BUILDING PERM T ........ :~"~ ............... ,JJlJJ, J ~ /",::, ' [~ .~ ~ Dale .. ~.~., [. 'Fids ,gplicatlon must be ~o)'~j)l~tel~ fille~ l~i b~ ~ypewriler or in iuk ami submHted to [l~e BuildinS lnspeclor, wi sels o[ plaus accuraJ~ plot plan t~l~,"F~Ord Igto sc mdl e ; ' ' b. Plot plan showlll~ location o[ lo[ and o[ bulld~Bs on premises, ~elalionship lo adJoinin~ premises or public sir or areas,'aud ~iv~l~ a delailed descHptiou o[ layoul o[ properly must be drawn on Ihe diasranl which is parl o[ Ibis calion. c. I lie work covered by lhi~ appJicMJou may not be commenced be[ore Issuance o[ ~uddiu~ PemuL d. Upon approval o[ t ~ s appl caiion, the Buildlu8 luspeclor will Issued a Bulldtns PcnM[ to lite appllcmlL Such pe shall be kept on [h~ p[ellll9es available [o~ Jus~eclJou lh[ou~Jioul IJlo work. e. No bulldlu8 ~hall be occupied or used iu whole or iu parl for ~uy purpose whaJever ~nlJJ a CeHtficMe of Occupr shall have beau granted by lite Building Inspector. APPLICATION IS IIEREO~ MADE to ~lhe Buildiug Deparhneut for the Isvuance of a Building Permit pursuant to Buildiug Zone Otdluance of tile Town of Soutbold, 8u'ffo{k County, New Yo~k, m~d oilier applicable ~ws, Ordinauc~ Regulations, for the construction of buildings, addiiions or alterations, or for removal or demolition, as bereiu descril The applicant agrees to comply wilh ail applicable laws, ordinances, boildin~code, housing code and regulations . ~... ~. ~a.~... ~..'Y~ ~ ~ ............ -" (Signature of applic~t, or name, if a corporatiot0 ~.~.W~'. ..... ~.. . , .~ ..... (Mailing addreffs of applicant) State whether apl)licant is owuer, lessee, agent, architect, engineer, general contractor, electrician, plumber or bull. Name o,f ow,t~r of )rel!lJses ....... ' .................................... ' '" ' ' ' ":" ;' "" (aS On the tax roll or latest deed) If applicant is o corpo'ratJ'ol~; slguature of duly authorized 'Officer. (Name and title of corporate officer) Builder's License No .......................... Ph,mber's License No ..... ./.~..'7..~. ........... *Electricla,t's License No... ~ ~. ~.E. ............. . Other Trade's License No ...................... Location of laud on which proposed work will be done ............................................... :z.,~O ~OUND $~,,C.~ Pl~lO~) MA TT~TOoJc-/ tU,~. I l q&-~ House Number Street Handel , . CounlyTax~apNo. {000Se~liou .............. Blogk ,, D ..,.,,,. Lol;. Subdivision .~¢.r~ ~. t~P...~~. ~.., .... Filed Map No.16...7 &. ..... Lot ~) (Name) Slal~ exisling u9~ and occupancy of pr~lnJs~s and ilil~nded us~ and oc~upaucy of pioposed conslruclJon: ~. Existing us~ and ocm, pancy ~/~ ~/~ DEC 1 7 IW6 Town erk Sooted TOWII OF 5ouTItOLD, NEW YORK DATe .............................. IO File ZOIIIIIG HOAP, I) OF APPEALS, 1OWl-I OF SOLJTIIOLD, N, Y. /.. I (We) ..... Q~.~C~e ~Me~.a ....................... of ...~.Sg...~p.~,.B.e.~g~..Dz~.~e ....................... ..................... ~.~.~.~.~M~ ~. ..................................................... ~ ................... ItEREBY APPEL ll lE ZOklIIIG J)OAJL[)OF APPEALS FROM 'li lE i)ECISIOH OF Tile BUILDING INSPECTOR APPLICA'IIOI'I FOR PERMIT F~O ..................................... DATED ...................................................... WIIEREBY TIlE I~LJILDING LNSPEC-iOp, DENIED FO lqome of Applicant for permit of sl~/.A ............................................................................................................... ..... ~[reet and l'lumber Municipality Stole PElf. MIT '1'O USE PERMI~ FOR OCCUPANCY 250 Sound Beac'h D :j.ve, M.a, ttituck - .................................................................................... Sh'eet /HamleL / Use Dislrict on Zoning Mop I)istt'ic~ 100i) Section99 BlockOlt.ntl6 ~ - ~ .......................................... I, lll't'OIII, u~t,er Christine Rivera ~ 60'~q~06~ Prior 0v, ne,* Theo Delyanis (deceased f'ather of applicant) 2 PI~.OVISI(')II (S) OF THE ZOFIII',IG ORDIIqANCE APPEALED (Indicate the Article Section, aeolian or]d P¢lragroph of the Zoning Oi. diAlance by i/tlliibef. ~o flat quote the Ordinance.) Art_ :_=cle_:_~. ~ 5ect~ 0n Bulk Schedule for Residential Districts 3. TYPE OF APPEAL Appeal is made he,ewith ICl (please check appt-opriate box) (X) A VARIANCE Io the Zoning Ordinance or Zoning Map ( ) A V^RIANCF due to lack of access (Slate of blew York Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. pi~.EVIOUS APPEAL. A previous appeal (has) (has ,tot) been ,haole with respect to this decision of Ihe Building hlspector or wilh respect Io Ibis properly. Such'~pl)e~JI wos( ) request for o speciot permJl ( ) request for a variance and was made in Appea~ No ................................. Dated ............................. t ........................................ [~.EASON FOR APPEAl_ ( ) A Voriarice la Section 2BOA 5LJbSeclJoll (X) A V~Jriclnce lo Ihe Zoning C)rdinonce ( ) is requested for Ihe ,colson thor premises are located 'at northwest side of intersection of Sound Beach Road and Inlet Drive as a result of which Inlet Drive side is both a side yard and a front yard~ Applicant's Inlet'Drive setback is proposed at~~ ~eet which exceeds th~ yard requirement~l '~ ' ,.o,,,, FOR APPEAL I. STRICT APPLICATIOFI OF TIlE ORDINAr, icE would produce practical difficulties ar sory HARDSIIIP because Inlet Drive is functionally a parking field, not a street in the customary sense which would be improved with other residences each of which should be set back a certain and similar distance from the "street." 2. The hardship created is UNIQUE and is not shared by oll properties alike in the immediate vicinity of lhis property and in this use district because Applicant's residence is only structure on Inlet Drive." 3. The Variance would observe the spirit of the Ordinar, ce and WOULD NOT CIIANGE THE CIIARACTER OF THE DISTRICT because the eff.ect of granting the variance is to reduce otherwise permitted vertical scale or mass. STATE OF NEW YORK ) ) SS COUNTY OF SUFFOLK ) Sworn to Ihis 25th cloy ol NQ~ember 1996 ~THONY B. TOHILL Not~ry Public, Sm'a of No, 52.9350510 ~rOWN OF SOUTHOL~ PROPERTY RECORD CARD OWNER STREET N S VILLAGE E W DISTRICT SUB. Ccm-f. ACREAGE TYPE OF BUILDING RES. 2.~ SEAS. VL. FARM COMM. I IND. CB. :LAND IMP. TOTAL DATE REMARKS .27 d6 AGE NEW NORMAL .... ~ ~ ~ o Ii/,e ~l,:? BUILDING CONDITION LOT Farm Tillable BELOW ABOVE Value Per Acre Value Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total .ZT, J~ j z:,,./¢¢*~ ~ ~0 Ext Wails ~[~7/ ~J,~ , Interior Finish Fire Place He~ Extension We h ( Porch Attic Porch Rooms ]st Floor Breezeway Patio Rooms 2nd Floor G~roge /F? o~ ~ ~3d ....... ~ ._. 33~__ Driveway O.B. , DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE 2 51997 DIRECTOR OF PLANNING March 21, 1997 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s/ Municipal File Number(s) Rivera, Christine North Shore Yacht Sales 4452 4458SE Very tmly yours, Stephen M. Jones Director of Planning S/sGeraldG. Newman ChiefPlanner GGN:cc 220 RABRO DRIVE · P.O. BOX 6100 · HAUPPAUGE, LONG ISLAND, NY 11788-0099 · (516) 853-5190 · FAX {516) 853~,044 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dini~io, Jr. Robert A. Villa Lydia A. Tortora 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 XI~ of the Suffolk County Aclmi_vlisk~=~ive Code, T~ Bo&rd of _Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning C~xm~ssion: XX Variance from the Zoning Code, Article IIIA , Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4452 Applicant: Christine Rivera Location of Affected Land: 250 Sound Beach Rd., Mattituck, NY County Tax Map Item No.: 1000- 99-1-16 Within 500 feet of: XX ]omments: addition 'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport construct dwelling Applicant is requesting permission.to with a'lterati0ns with insufficient front yard setback Copies of Town file ano related qocumen:s encioseO for your review. Dated: March 20, 1997 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora 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 March 14, 1997 Mrs. Chrstina Rivera 22 Willetts Court Rockville Center, NY 11570 Re: Variance Application - Front Yard Setbacks Dear Mrs. Rivera: Please find enclosed a copy of the board's decision rendered at our March 13, 1997 Special Meeting. A copy has today also been furnished to the Building Inspector's Office as an update to their initial Action of Disapproval and for use in the pending building permit application file. Also, we are required to transmit a duplicate of your file to the Suffolk County Department of Planning, which agency has jurisdiction under the County Administrative Code for projects located within 500 feet of a County or State Road and most waterways. We have transmitted the file documentation to the County for review, and it is expected that the County will pass its determination back for a local (ZBA) level without requiring further steps. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department County Department of Planning FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: ~n~_~.~c~ /~l. , 1997 Attached is an (original) (copy) of ./~/~new information added to the original Town ZBA file) re: Pending Application of (~. Other Comments: (none) Attachment: (1) Placed in Members' office mail boxes for update on ,~]/~/97. Board. Trans -I- I ¢D'.o ~o,~ wJ'rd V~ C t ,9 ,N'(..J: ,? *' '-Io ,.-"Lo 0H-~6-~7 04:50 Jol~n T AA~'z.g~ LS. F~OM:PECONIC 5,~RVEYSR5 PC 518-785-17~7 TF~,78510~'3 ~PECONIC SURVEYORS, P.C.e P.O, Box 1230 Trovele~ Street 3outtlok~ N.Y. 11971 516-76,5-5~0 FAX 51~-765-1797 P88E;01 FAX GOVER SHEET TO: FROM: DATE: Numbs,; of page~, in¢ludin~ ~)hn [ A~tz~. LS. ~RUM;PE£ONiG CONIC SURVEYORS, P,C. P.O. Box gO~ 12~0 Traveler b'treet ~oufflol~, N.Y. 11971 516-765-EX~20 FAX 516-765-1797 FAX COVER SHEET RE: ;BS-2G-g7 04:~ ~ROM:PECONIC SL;~UEYOR~ PC S1~-7~S-17~7 T0:7~S1~ ~:~ '71 INV S 44 24 52 W 157.5~$ 5175,5!250 4'749,~65t7 70 FROM ANGLE D I BT NORTH EAST 'FO PT/PT INVERSE 5r<*O. 0o00.0 5.000 · 0OO,],') ~;~; ~ ~. ~ I ~F~'I --- - " - 50 INV S 5~ (A {)0 W ~C).~ ~t~44.58750 5i INV N ~8 O0 O0 W 2~0.51 5173,~12~0 4749.~6~1'7 70 70 INV N 4~ 2~ ~2 E 157.;~ 5~85.6~024 4~%a0.0~704 71 INV 8 2~ 56 20 ~ 2~2,~5 50~2.~.~452 5006,25916 54 RADIAL N 60 Ol ~0. DELTA 81 58 44 ~T ~ADIUS 25.00 TAN 21.72 L-ARC 55 · 77 RADIAL S ~7 5~ 5~ E 5019,70482 4~84, ~0247 54 CHORD S 2~ O~ C)~ ~ ~.DO 02-PG-~? 84:58 1:I~3M:PECONIC ~.'.JL:AJ?Y~R$ PC 518-7~-1797 = '~f~7~1~3 P~:~ . Di~ 5!22;0 ~./~; c~ '~:17 70 '71 INV ~ 44 .,4~ W 1 57.5:~ .......... FROM AI~,~E DI~T N ~h EAST 'FO PT / F'"I" ~;~.' '~ ~ i. ~ I ~R'I' .... .- 5000. 50 INV S -~,_ AA.. O0 W 90.:$~ 4944.58750 51 INV N :~8 O0 O0 W 2~0.51 5175.J.12~0 RADIAL Iq 60 Ol '40. DE~T~ 81 ~,8 ~4 RT RAD I LJ~; 25. O0 'FAN 21.72 L-ARC i}5.77 RADIAL S 5'7 59 5& E RP 54 CHORD S li O1 0].-' w 52 INV ~::: 71 25 .~6 NO CLOSURE [!i:(~:~OF{ Area = Transcript of Hearing February 6, 1997 ZBA Meeting Southold Town Board of Appeals 8:00 p.m. Appl. No. 4452 - Christina Rivers. Based upon the 1/14/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting a variance for permission to locate a portion of a proposed addition to dwelling for which a portion will be located at less than the required 40 ft. front yard setback from Inlet Drive, and a small portion of steps less than the required 40 ft. front yard from Sound Beach Drive. Property Location: 250 Sound Beach Drive and Inlet Drive, Mattituck, NY; County Parcel #1000-99-1-16. Zone R-40 Residential. This parcel consists of approx. 40,000 s.f. in total area. CHAIRMAN: I am reading from Castellano Assoc., Lmt. dated 2/29/96 drawing, issue date 3/2/96, and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. And you are Mrs. Rivera. }Iow are you? What would you like to tell us. CHRISTINA RIVERA: Good evening my name is Christina Rivera and I have lived at 250 Sound Beach Drive in Mattituck for nearly forty years now. My husband and~ I are planning to make this our permanent residence in the future and therefore we are seeking a building permit which requires an area variance. Since our property is located on a corner lot I'm an considered to have two front yards which require 40' setbacks. The setbacks which we are seeking are quite minimal. On Sound Beach Drive the setback will be 37' in order to accomodate the front entrance steps which are proposed as opposed to the required 40'. On Inlet Drive the setback will be 28.5'. The house has been specifically designed with the majority of the extension to be built on the easterly portion of the property. Since Inlet Drive is a dead end street which is virtualiy a parking lot now requiring a parking permit in order to park the Mattituck resident's cars in the area. I wouid like to stress that directly east of Inlet Drive there are no neighbors since this property now belongs to the Mattituck Park District. The addition which is being proposed as a single story structure which is conducive to 90% of the homes which are on both sides of Sound Beach Drive now. Again the extension which is proposed was designed specifically to be sensitive to the water view of our only neighbor to the west, directly to the west of us but also sensitive to the environment northward toward the Sound. In order to achieve the additon without a variance would require buiding not only a two story structure but would also require to buil.d on the westerly side by our neighbor and further north towards the Sound. As the house is plannned now the house would be set back approximately 185' from the mean high water mark. As the extension is now proposed we are seeking minimal setback allowances with virtually no impact upon the environment nor change in the character of the neighborhood. In light of my application we have both written and verbal support from our neighbors and I would like to thank the Board for their time and consideration in this matter. CHAIRMAN: Could just give me that, I also have the survey which I should have read into the record, could you just give me that figure from Sound Beach Road? RIVERA: Sound Beach Drive? It will be 37' setback as opposed to 40' which are required and that's to accomodate the entrance steps on Sound Beach. CHAIRMAN: Which are more than 30 sq. ft. or whatever the required amount is. I spent a long time on this plan. The scale got me for awhile but I think I've gotten that down. My question is Why are you leaving the existing house in place? Because you are going to be required to raise this to what level for FEMA? RIVERA: The flood level is a VH Zone which is 13' now, so it has to be z above the 13' level, the new space. CHAIRMAN: And the house is built at existing grade now? RIVERA: 10.5' CHAIRMAN: And you said, what 13'? RIVERA: Yes the flood zone is 13'. CHAIRMAN: So you are going to have to raise the new structure, additon approximately 3 plus feet. OK R. VILLA: The floor elevation will be more than that because that's the bottom of the rafters. CHAIRMAN: So we will assume 2'x10' RIVERA: 2'X12' but whatever. It's going to be 14' plus. CHAIRMAN: So what are you talking, 4' or 4.5'. R. VILLA: 4'1". CHAIRMAN: Alright so it's 49". You have an established setback. It's 6.8' on the westerly side, OK. The only thing that I do not agree with with the Building Inspector is I assume that's a gazebo or a hot tub. RIVERA: No, it's going to be an outdoor shower. Which has to be attached, it is our understanding from the building department, (attached) to the building structure. And it will be attached to the house. There is an existing outdoor shower now. CHAIRMAN: I have that presently at 10' from my scaling from the property line. RIVERA: The new proposed shower. We have agreed to move the proposed shower as far back as we feasibly can, toward the garage. CHAIRMAN: Because the code reads 15', OK. RIVERA: It is our understanding that we can build since it is a pre-existing garage and the setback is pre existing. CHAIRMAN: That is true. Even though you are adding on to that, the only thing that is pre-existing in my opinion, is the original house. SO the 6.8' is staying because the house is there. It's really the garage but it's attached to the house so it's part of the house, OK. The problem that I have is that you're going to have to hold to that 15'. RIVERA: Could I show you where that would be? We just stuck it there originally but we have agreed to move it as far back as feasible and attach it to the house. This was just put here as a walkway or breeze way to attach it to the house. CHAIRMAN: Is it going to be in the corner though? RIVERA: Yes we are going to move it as far back as possible. CHAIRMAN: Then without that little area, that, I don't know what that is, this area here, what is that? RIVERA: This is how we have to attach it to the house and it may be shorter or whatever it is but it will be as far back, as I told Ms. Moore, as far back as possible. CHAIRMAN: And will it be approximately 15' then? RIVERA: We will make it as close as possible. I have a pieture of it. Ms. Moore has a picture of it. CHAIRMAN: Is that going to be on pilings Ms. Rivera? RIVERA: No, that's going to be at ground level. It's basically something Like that (photo handed up). CHAIRMAN: OK So we're now talking 28.5' on Inlet Drive, 37' on Sound Beach Drive. L. TORTORA: What do you have on the Sound-3?'? CHAIRMAN: 37' RIVERA: 37' to the steps. CHAIRMAN: To the steps. RIVERA: The house is going to be further back, the steps will extend down. CHAIRMAN: We didn't deny it for the ... Yeah we did push on the steps, the required 4'. OK that's good. There was one other question. How is this new addition going to be heated or air conditioned? RIVERA: We have air conditioning in the house now. But it will be central air. CHAIRMAN: And where are the compressors going to be. RIVERA: We're moving the compressors over to Inlet Drive. CHAIRMAN: So let me just recap this. You have no problem with moving the shower area into that little alcove area and having it approximately 15', I don't care what it's attached to. I don't care if it's attached to the existing house ore the new deck. OK You have no specific problem with placing the compressors from the neigbors? RIVERA: No we have agreed to that. CHAIRMAN: OK Great, we'll go on to Mr. Villa. R. VILLA: You said this is going to be one story. I was just wondering why, well just looking at your elevations it looks like you're going to have cathedral ceilings or 10' high ceilings? RIVERA: The great room the living room is going to have approximately 12' ceiling. The dining area and the master bedroom will have a peak internally. I don't know what's considered cathedral but it's going to be higher than eight feet. R. VILLA: When you said it was going to be just one story you kind of caught me because if the first floor is 14'6" and they're saying the main roof measures 34'10".That's 20', high for a one story house. RIVERA: Well, because we're elevating on the pilings. R. VILLA: Yeah I know that, but I'm going from the first floor. From first floor elevation to 14'6", to the ridge is 34'10" that's over 20'. RIVERA: To the peak. That's only going to be in certzln areas of the house. CHAIRMAN: The original survey I had, I apologize Mrs. Rivera; I had 28', I had a 29' and then it was changed to 28'. L. TORTORA: I have 27' on the original survey I have. CHAIRMAN: Do you have a clean copy of this? RIVERA: We shrunk this out. This was done just recently by Peconic Surveyors. CHAIRMAN: But if you have the change on there, that's the problem. You have got 28'4". I have 28'. L. TORTORA: I have the same thing. On the original survey it was 27'. RIVERA: And we changed it, we changed the plans and we shrunk the house. L. TORTORA: The original surveyor's mark on there has been altered. RIVERA: And it was re surveyed. L. TORTORA: It's not indicated on the revised survey. I{IVERA: I think it says revised- something. L. TORTORA: It does but in other words this survey was revised January 10th, see I'm trying to establish where our lot lines are, yard distances here and yet you said you ~evised your plans but he didn't revise the surveyor's mark here. RIVERA: Peconic Surveyors did this. L. TORTORA: It doesn't indicate that. This is a handwritten alteration. CHAIRMAN: Will you do this for us Mrs. Rivera. We're not going to make a decision for approximately two weeks. L. TORTORA: That's the question. CHAIRMAN: Would you give us the correct distances from Sound View Dr. and the correct distances on the new clean map, all he has to do is just erase that and put the new ones in.. RIVERA: Sure no problem. CHAIRMAN: And show us the approximate location of the shower, where it's going to be located. He can white that out as he did before with the changes that were made. We appreciate that. Excuse me I apologize. L. TORTORA: You had indicated that this was 40,112sq. ft. and the revised survey is now 39,999sqo ft. RIVERA: We had it re surveyed. L. TORTORA: This of course has to do with the setback distances. On the revised survey your deeded line here is 221'on your westerly boundary line. RIVERA: Yes originally it was 221' we've accumulated a great deal of beach front over the years. L. TORTORA: Yeah, it's accreted quite a bit. So you're showing the new tie Hne? RIVERA: Yes. L. TORTORA: Are you going to claim that land? The accreted land. RIVERA: The original deed if I'm not mistaken reads to the mean high water mark more or less and they told me I needed to have the original deeded survey line on the map; which we went back and did. The house as I mentioned before sits 185' back from the new high water mark and with the old high water mark it is 117' back. L. TORTORA: So are you claiming the accreted lands by this survey? In other words whose lands are these? RIVERA: I assume they're ours. L. TORTORA: Well if they're your lands, then the deeded line would go to the mean high water mark. Correct. RIVERA: Correct,Yes, the new mean high water mark we're saying. L. TORTORA: Then it would no longer be 39,000 sq. ft. RIVERA: That is the new measurement to the mean high water mark, 39,000 If you take the measurements it came in to be I think 27or 28,000 from the old deeded high water mark. If you take 21' by however they measure it. RECESS FOR SCALE. L. TORTORA: I'm just trying to figure out if the square footage you have here is from the deeded line here or if it's to the tie water, high water mark. The only way I'd be able to do that is to, you know. RIVERA: I believe Peconic Surveyors goes to the mean high water mark, for the 39,000 figure. CHAIRMAN: Can I make a suggestion. Either you call Peconic Surveyors or Mrs. Rivera calls Peconic Sureveyors. Which ever way you want to deal with it we'll deal with it. I'm sure they will calculate it for you at that point. RIVERA: I'm quite sure it does because we figured it out before; it was drastically different to the old deed as opposed to the new deed, the new survey. CHAIRMAN: In some cases when you have accreted land the jurisdiction that holds the title to the accreted land may require you to get a quick claim deed to that accreted land before you actually have title to it. And it's usually done, it's done quick claim because what ever you have is there at that time and it could be gone tomorrow. I'm not expecting that to ever happen. We know what it was like in 1974 and we never want to see that happen again. I'm a member of the Mattituck Park Commission, an elected official and I assure you the beach in 1974 was quite a bit different. RIVERA: I know people lost their boat pads... CHAIRMAN: OK What else do you have Mrs. Tortora. L. TORTORA: Nothing CHAIRMAN: Mr Dinizio. J. DINIZIO: No I don't have any questions. CHAIRMAN: Mr. Doyen? S. DOYEN: No. CHAIRMAN: I guess we'll start any rebuttal or any other questions that go on and we'll call you back when we need you. Thank you very much. Anybody like to speak in favor, or any body like to speak against or question. PAT MOORE: From Mattituck. Neutral. I represent Dr. Schilder who owns the property the adjacent property directly to the west. His initial concerns, he came to me and reviewed the plan, and his initial concerns were that this is a substantial house being built on this property in an area that really we're talking about a buidable area of about 10,000 sq. ft. really within, south of the coastal erosion hazard line. So we're talking about a very tight area and for those who have gone out to see the property, you haven't all gone out, he is directly impacted by this substantial expansion. We talked about it. I tried to identify exactly what his concerns and problems were so that we would try to be reasonable, we would try to discuss our concerns and see if we couldn't come to certain compromises. Another concern, obviously that the doctor has is that they have a substantial improvement and if his neighbor to his west builds a substantial improvement, he's sandwiched between two significant structures that obviously impact his property; both light, air, and aesthetics and setbacks. His property is directly impacted. Certain things that Mrs. Rivera already pointed out to you that we did have agreement on; one thing was an air compressor which is presently on the west side of her property and within feet of the doctor's setback or property line will be relocated and we thank her for that cooperation because the noise has always been a sore point that with her improvements she's going to be relocating that compressor and then another whatever compressor she's going to need for the addition on the Inlet Drive side. And so we ask that you would please place that as a condition of your approval, so that we are sure that in the long run all promises are kept. Another issue that certainly was a sore point for us was the shower. Mr. Goehringer ponted out that the setback was a concern of the proposed shower. We did agree that if she is going to locate a shower on that side that she would relocate it to the far corner and she describes an octoganal structure which she gave you a picture of that. I would ask that the Board be very specific on the size because I've never gotten a good dimension of whether it's by sq. footage or perameters of what size we're talking about. I think we all believe we know what size. CHAIRMAN: It's usualiy squared off. Even though the six sides are in that box, it's usually squared off. P. MOORE: We haven't gotten a dimension, so if we could... CHAIRMAN: I took that off the survey today and met with the Town Attorney and I took that off as 8'x8'. P. MOORE: Is it, because that proposed outdoor shower. I'm not sure that at the time that was the structure you had chosen. So if you could be just specific because if it doesn't have to be 8'x8'.. CHAIRMAN: That's the reason why I'm asking her to incorporate the setbacks at the 28'4" and 37' on the clean copy of the survey and the repositioning of that shower area at 15'. C. RIVERA: We have no problem with setting it back. CHAIRMAN: And you'll do that for us. P. MOORE: And we thank you. That was very helpful. CHAIRMAN: And we'll condition the air conditioning compressors and whatever other systems that you put into this new addition. C. RIVERA: With regards to that, the air conditioning compressors will be placed on Inlet Drive. CHAIRMAN: Well how is the house going to be heated? C. RIVERA: Most likely baseboard. The utility room is going to be inside the new structure, which is required. CHAIRMAN: OK. C. RIVERA: So the furnace and what not will ... CHAIRMAN: At first floor or already at that 3rd feet. P. MOORE: We're not talking about an oil or ... CHAIRMAN: We're not talking about additional compressors other than for air conditioning. C. RIVERA: Right. Most likely base board, hot water heat at this point. P. MOORE: Two points which we could not come to agreement on and we raised and asked the Board about this. One thing was, there is fencing around the property and obviously she's confronted with zoning two front yards, both Inlet Drive and Sound Beach, but practically we're talking about waterfront property and the back end of the property is the equivalent, everybody there, the equivalent of their front yard, that's the view and that's what they want to preserve. When I stood at the back of the property and I looked, really where she, the furthest northerly line for her, which is toward the coastal erosion line of the existing house. When you look both to the east and to the west you see that there really is no house that has gone closer than that line. It's incredible that with all the additions, well all the structures that have ever been built, when you look down you have really a clear view of, from both sides of the property. And that was something that really upset the doctor and we have tried to accomodate her interest in building the house, but as you pointed out Mr. Villa it is going to be elevated quite high, there is going to be a proposed deck, and we want to make sure that that proposed deck is not enclosed. If it is .enclosed, she would have to come back to you, because we, at that point would have an opportunity to decide whether or not she has not gone beyond where we can accept a reasonable expansion and the effects on the property. So that was something we could not agree on, she would not consent to and I said well that's fine but I certainly would raise the issue and present it to you. The other issue was a four foot fence that presently is on the property. We asked her if she could please keep it to a four foot fence, she said yes and as far as, I'm alway a typical lawyer, I go- well if someone doesn't have a fence then they put ten feet shrubs, have we defeated the purpose. So my point was fence and or shrubs and when it came to shrubs we again had a disagreement. We could not come to an agreement. So those were issues that we asked the Board to consider when they're considering the overali expansion of this property which is significantly larger than any of the other properties in this area. It is somewhat out of character but again we have agreed that we would support this application because we do think, that we appreciate the fact that it is pushed away from the westerly property line which does impact the neighbor the most. And she has given certain concessions that again I think as good neighbors our goal is not to fight, not to end up in litigation but to try to continue to be good neighbors and accomodate each others needs. So those are the requests we have and the doctor is here if (to the doctor) do you want to add anything? DR. STANLEY SCHILDER: Well I'd like to have some reassurance that,(Neighbor on the westerly side). We want to be good neighbors but it's a shocking experience to see a structure of that size going up in the area. This structure will be at least one 50% or more larger than any other structure; there's nothing that big in the area. And I'd like to, it's a ridiculous statement, I'd like to know if that's the end of the building. Is that going to be it? Are we going to have any more? Don't shake your head, because we never know the future. CHAIRMAN: You have to address the Board. DR. SCHILDER: We'd like to know if this is the end of this construction. P. MOORE: I don't think anybody can anticipate that. I think what we want to do is preserve our rights that if there are future expansions we have a right to come back and oppose it. CHAIRMAN: That's always the case as long as there's disapprovais supporting those expansions. That's where the problem comes in. There may be as of rights situations where we can't deal with that aspect of it. But you know, to the best of our knowledge we'll do the best we can. DR. SCHILDER: Thank you. P. MOORE: For the record I'll just add, I have the letter that I sent to Mrs. Rivera and I highlighted number three which is the point that we couldn't come to complete agreement, in all fairness I said that I would point that out. And then again the gazebo, as soon as we can find out the dimensions, I think we'll sleep better at night. CHAIRMAN: Thank you. C. RIVERA: I just wanted to reassure the Board that the gazebo will be placed as far back as possible and will be set back 15', as much as we possibly can but we'll just redesign the gazebo to accomodate that 15' setback. We don't have a problem with that. CHAIRMAN: And before February 25th you can give us a clean copy of this with the setback. C. RIVERA: Absolutely. I'm sure Peconic (Surveryors) will be happy to drop it off tomorrow for you. B. VILLA: How does the building department look at the outdoor shower. Is that part of the structure. C. RIVERA: Yes as far as I know, they've addressed it as part of the structure, when we submit the plans. It's part of the structure. B. VILLA: Well if that's the case, then why isn't that up to elevation fourteen? C. RIVERA: They told us all we had to do for an outdoor shower was to attach it somehow to the existing building. They didn't ask that we elevate it at all. They just asked that we attach it. It's not living space. It's just an outdoor showere. It's not going to be living space. B. VILLA: I'd just like to get some clarification on it, that's all. CHAIRMAN: I've discussed it with the Town Attorney today. P. MOORE: It's the page that shows the dimensions of where the outdoor shower; where we hope that it would be placed. It was the same drawing I gave you. So when she says it's going to be pushed thus far back, that's the area that we... CHAIRMAN: Yeah, in the corner area, there. The question I have to the Board, are we going to have any further questions of this applicant, do you want to recess this hearing or do you want to close it? J. DINIZIO: I just want to get something clear on this from Ms. Moore. The doctor is not unhappy with the house as proposed is that clear? P. MOORE: Well, I don't think he can honestly say he's happy with the house that's proposed however he will not oppose the application as long as certain mitigating measures which we just discussed are accepted and placed as conditions on the approval. J. DINIZIO: So a deck. You're anticipating, perhaps in the future a deck coming from this 13' elevation out towards the water. That's what you're trying to say. And at that time you certainly you feel you would oppose that. P. MOORE: No I think the proposal is for the deck and there's a recognition that there is a certain amount of rights that she has to build her property. However, certain things that we would hope can try and mitigate the impact of her house which is going to be elevated and the deck which is to a certain extent going to be elevated. It's the fencing and all the things that I mentioned. Beyond that we have not objected to the structure or the deck. C. RIVERA: We have agreed that there is a four foot fence there now and that whatever we replace it with, whenever we do replace it, that' s not part of the application at this time, that I know that we're allowed probably a six fence but we have agreed for it to be a' four foot fence on that westerly side between Dr. Schilder and ourselves. We had absolutely no problem with that whatsoever. P. MOORE: The point that we were trying to make is not to create an enclosure of the deck. Right now there's the house and then there's an open deck. It's possible that her needs may change and she made to decide to put an awning up and wails or glass enclosure or whatever might be, that should be presented at this time if that's what she wants to do. It's our understanding that that's not ... C. RIVERA: The proposal is for an open deck at this time. CHAIRMAN: Right. What we're saying to you is we don't have any control of what the building department does. We only have what's before us as the control factor. P. MOORE: But I have been before this Board where they've told me open deck. Keep an open deck or deck not to be enclosed. CHAIRMAN: I'm using a new phrase. And the new phrase is open to the sky. P. MOORE: Open to the sky. Well however you'd like to do it. I know I've been caught by it many a time, so now we're using it the other way. C. RIVERA: The proposed deck is opened to the sky. It is going to have a pergola very similar to Pellegrini Vineyards, with pillars and we may drape, not permanent, drape canvas for some shade, but it is open to the sky. CHAIRMAN:Thank you. So we're going to receive that survey from you. We w~ill then g~ive the courtesy of Ms. Moore, if she so chooses to have a copy of the survey, we can forwar that to her when we get it. My question still stands I know the doctor has a question. Do you want to close the hearing? No response. Ms. Moore, question, they're still pondering. P. MOORE: He (doctor) was listening to her talk about the fence. And he just wanted to make sure that it was clear that the fence all the way around which is the back end as weli as the side, that is on his side will remain at four feet. Is that correct. CHAIRMAN: It is not a part of this application. I do not know if we can address that. There is a degree of unanimity between neighbors and we do appreciate the unanimity that has existed here because counter production does not end up to be aesthetically positive. It ends up to be negative. You know we've had it, and we've seen it. So we do appreciate that. I'm going to suggest that we recess it and we take the copy (survey) and we forward the copy to Ms. Moore and she will then forward it to the doctor and then we will close the hearing and if there are any questions that eminently come to pass during that period of time we can then do some telephoning or we can do it by the nature of a letter. OK. P. MOORE: What's your date for closing? CHAIRMAN: The special meeting is scheduled for February 25th. Assuming we receive everything at that point I suggest we close it at that point. P. MOORE: That's fine. I'll be out of town for the next week that's, so that's why. C. RIVERA: So it's a technicality of a closing as opposed to recess? CHAIRMAN: If we have any questions about the survey once we receive it we can still... If I say we close it and there's something left on the survey that I'm unciear about then I have trouble interjecting anything else into the record, because the record is sealed, OK. So we can technically close it at the special meeting and then we can make a decision afterwards. L. TORTORA: So you want to recess the hearing until... CHAIRMAN: February 25th. B. VILLA: So basically we're getting a new survey that's going to show us three things. The square footage of the lot. C. RIVERA: You want the square footage of the old deeded? The sq. ft. now is 39 something. CHAIRMAN: The building department worked on 39 something, is that correct, 39,996. RIVERA: Correct. L. TORTORA: In the original disapproval they worked off of 40,112. And on the second disapproval they worked off the 39,000. B. VILLA: What I'm having trouble finding in my mind is the lot has gotten bigger and the square footage has gone down. It doesn't make much sense. RIVERA: The lot has originally gotten much bigger since 1957. And we originally we were building this, and started to plan this in 1994 and '95 and in January '95 was when it was 40~112 or something like that. We had it resurveyed this January and we lost a couple, maybe a foot of beach and it came down to 39,000. But since 1957 we have accumulated a great deal of beach. B. VILLA: Well that's what I didn't have straight in my mind. RIVERA: THe 40,000 and change was over a year ago that it was surveyed because we were originally planning this for quite some time. And the house was originally surveyed back in January 1995. B. VILLA: That makes sense now. It didn't make sense to me before because your lot got bigger and it got smaller at the same time. RIVERA: As long as it doesn't go back to 1957.. CHAIRMAN: OK So that's where we are. I'll make a motion recessing the hearing until the speciai meeting on February 25th. I offer that ladies and gentlemen as a resolution. B. VILLA: Seconded. CHAIRMAN: All in favor. BOARD: Ayes. Prepared by P. Conklin 2/11/97 Temporary clerk-typist Prepared 2111197 Updated 2/19 AGENDA SPECIAL MEETING TUESDAY, FEBRUARY 25, 1997 7:00 p.m. Chairm~n to call meeting to order. I. RESOLUTIONS closing the hearing record of the following applications (hearings held 2/6 agenda): Appl. No. 4452 - CHRISTINA RIVERA. (Map to be submitted as possible modification by applicant with removal of nonconforming garage setback. Appl. No. 4401 - DAVID DEFRIEST. (Trustees are inspecting property to stake for wetlands at request of ZBA.) Appl. No. 4458 - NORTH SHORE YACHT SALES. (Full map with site elements to be furnished by 2/24 from applicant). II. DELIBERATIONS/DECISIONS : Drafts from individual members to be submitted for the record, on each of the following: Appl. No. 4454 - SALVATORE and IRENE ARIOSTO. Based upon the 10/09/96 Action of Disappreval by the Building Inspector under Article III, Section 100-33, applicant is requesting approval of storage building (as located) in the front yard area. Location of Property: 110 Seish Lane, Mattituck, NY; Parcel #1000-106-09-4.8. Appl. No. 4457 - JAMES and DIANA MINOQUE. Based upon the 01/03/97 Action of Disapproval by the Building Inspector under. Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 20% lot coverage at this premises. Location of Property: 5650 New Suffolk Ave, Mattituck, NY; Parcel #1000-115-10-6. Appl. No. 4460 - LOIS T. ANDERSON. Based upon the 12116/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting to construct a deck addition to dwelling which will be less than the required 75' from the existing bulkhead. Location of Property: 2515 Calves Neck Read, Southold; Parcel #1000-70-4-45.5. Page 2 of 4 - February 25, 1997 Agenda - Special Meeting Southold Town Board of Apl~eal$ Appl. No. 4456 - FRANK and PATRICIA REILLY. Based upon the 01/06/97 Action of Disapproval by the Building Inspector under Article IIIA, Section 100-30A.3, applicant is requesting to construct an addition to dwelling which will exceed the required 35' front yard for this residential premises. Location of Property: 25 East Side Ave., Mattituck, NY; Parcel #1000-99-3-18. Appl. No. 4448 - MARIA ANDRIOPOULOS. Based upon the 11/21/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a varlsnce for the location of a portion of a proposed deck addition wj~'hin 75 feet of an existing belkhead at 1605 Westview Drive, Mattituck; County Parcel #1000-107-7-9. (Also see attorney's letter for neighbor received 2/6197 regarding outdoor storage limitations under Sec. 100-236). Appl. No. 4451 - MARIAN JEAN PRAUS. Based upon the 12/06/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variRnca for approval of steps and deck construction, as built, near existing bulkhead at 2175 Nassau Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. Appl. No. 4453 EDWARD AND EVELYN HALPERT. Based upon the 11/18/96 Action of Disapproval b.y the Building Inspector, applicants are requesting a Variance under Article XXIV, Section 100-241-A&C, and Section 100-243A,,. for the proposed alteration and second floor addition (exl~n-~ion) of a nonconforming building which has contained a nonconforming (preexisting) living unit, separate and accessory to the nmin dwelling, at 2125 Town Harbor Lane, Southold, NY; County Parcel #1000-66-1-31. Zone: R-40 Residential. Property size: 1.45+- acres. Appl. No. 4455 - JOHN and CATHLEEN HARRISON. This is request for a waiver under Section 100-26, based upon the 11114/96 Action of Disapproval by the Building Inspector. The Building Inspector bas determined a merger under Article II, Section 100-24A because they have been held in common ownership at sometime after July 1, 1983. Property Location: 1225 & 1227 Pine Neck Road, Southold; Parcel #1000-70-5-36 & 37. Zone: R-40. Size of lot when created less than 20,000 sf. Appl. No. 4452 - CHRISTINA RIVERA. Based upon the 1/14/97, Action of Disapproval by the Building Inspector under Article IliA, Section 100-30A.3, applicant is requesting a variance for permi-~sion to locate a portion of a proposed addition to dwelling for which a portion will be located at less than the required 40 ft. front yard setback from Inlet Drive, and a snmil portion of steps less than the required 40 ft. front yard from Sound Beach Drive. Property Location: 250 Sound Beach Drive and Inlet Drive, Mattituck, NY; County Parcel #1000-99-1-16. Zone: R-40 Residential. This parcel is approx. 40,000 sf. in total area. Page 3 of 4 - February 25, 1997 Agenda - Special Meeting Southold Town Board of Appeals Ill. POSSIBLE CARRYOVER DECISIONS UNTIL NEXT SPECIAL MEETING: Appl. No. 4401 - DAVID DEFRIEST, as Tenant. Carryover hearing, continued from 11/14/96, and from 12/12 per applicant's request. Use variance is requested for a car rental business concerning property located at 73625 Mnin Road, Greenport, NY; County Parcel No. 1000-45-3-2. Zone District: LB Limited Business for the entire parcel. (Pending results of inspection by Trustees as to wetlands, etc.) IV. RESOLUTIONS/MISCELLANEOUS: A) RESOLUTION: SEQRA - Unli.~ted Action. Matter of Edward and Evelyn Halpert. (Carryover from 1/16 and 2/6/97). B) RESOLUTION: Approving Minutes as submitted for the following Meetings: 1) November 14, 1996 2) December 12, 1996 RM 3) January 16, 1997 RM 4) January 21, 1997 SM 5) February 6, 1997 RM. C) RESOLUTION: to send request to PB for information required under site plan review, such as the width of all landscaped buffers, amount of parking spaces and location for exit and entrance, etc. D) RESOLUTION: to authorize advertisement of legal notice of hearings to be held at Regular Meeting, March 13, 1997: 1. Halpert when file is mended with new plan and before the advertising deadline (3/3). 2. Antone and Lucy Straussner. 3. Vivien and Peter Soo. 4. LILCO application for speniai exception. 5. LILCO application for variance. 6. L. Surer d/b/a Bluewater Seafood - setback variance is requested within landscape or possible buffer area. Phil Cardinale, Esq. Re: 1000-44-1-2, for 40 ft. setback at low bluff area (Eastern Shores, Kourkomoulis). Page 4 of 4 - February 25, 1997 Agenda - Special Meeting Southold Town Board of Appeals E. RESOLUTION: to request use of a PC computer location within the Town Hall for new forms and other items, for upgr~dlng and strenmlinin~ information. F. RESOLUTION: to request part-time stenographer or clerk-typist to assist in office and assist in transcribing tapes of hearings (current shortage of 80+ hours per month due to transfer of Noreen Frey). G. NEXT SPECIAL MEETING: ? Tuesday, March 4th (to be confirmed or changed).. H. REMINDER: Agenda for work sessions (includes no actions, decision making, or deliberations). January 24,1997 PATRICIA C. MOORE Attorncy at Law We. stph Road I'.O. Box 483 Mattituck, New York 11952 Tel: (516) 2~-5629 Fax: (516) 2~-5664 Margaret Rutkowski Secretary Mrs. Chris Rivera 22 Willetts Court Rockville Center, NY 11570 Re: ZBA application Dear Mrs. Rivera; Thank you for discussing with me your application to the Southold Town Zoning Board of Appeals. As we discussed, I represent your neighbor, Doctor Schilder and this letter is intended to confirm our conversation. Doctor Schilder expressed certain concerns regarding your plans to expand your home and seek variances from the Southold Town Zoning Ordinance. You and Doctor Schilder have agreed to the following action which will mitigate his concerns: 1. Locate and relocate all air conditioning compressors (an existing unit presently located along your westerly property line and a new unit proposed for the addition) to the easterly side of your property facing Inlet Drive. 2. Locate the structure identified on the plans as "Out Door Shower" to the corner created by the westerly side of the proposed addition and the back of the existing house or garage. ( see drawing highlighted for your convenience) Please identify the size of this out door shower., it appears to be approximately 6'x 6'. We ask that you please keep the shower as far away from the property line as possible. ~ Restrict the size of your fence or shrubs to four feet in height. In light of your cooperation and agreement with Doctor Schilder we intend to support your application to the Southold Town Zoning Board of Appeals scheduled to beheard on February 6,1997. If you have any questions please do not hesitate to contact me. Very truly yours, Patricia C. Moore cc: Doctor Schilder prop $~.'oo' oo' ~. $. 0 l/Nh ~ ,4~ Borl~j 90. J3' ~'~t04~5 ~ Mattituck, NY 11952 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, MY 11971 Dear Members: I am a neighbor of Christine Rivera on Sound Beach Drive and I am writing to you to advise you that I fully support Ms. Rivera's project. I feel that her extension will not only enhance the neighborhood but will also increase the property values of the surrounding homes. I fully support her application for a variance. Very truly yours, Penelope Bedell P~ANNIN6 INTERIOI~ DESIGN Associate~s~d TRANSMITTAL To ~ ~ 245 5TH AVENUE, SUITE 1102 NEW YORK, NY 10016 P 212 685-8477 F 212 779-4q36 240 WOODMERE BOULEVARD WOODMERE, NY 11598 P~5~6 569-4399 Project Project No. ~ ~.-'11!~ Description Drawing No. Issue Revision Copies ~For Approval 0 Your Messenger (j~ Your Use O ~ As Requested O By Mail cc. c__./~5 Transmitted By ~~ ~1~ ~ Copies (7)(~' Received I 3 997 Zoning-Board of Appeals Town of Southold Main Road Southold, New York January 13, 1997 Christine D. Rivera 250 Sound Beach Drive Mattituck, NewYorkl1952 (516) 766-0097 Dear Members: On Friday, November 10, 1996, I was in the office of the Zoning Board inquiring about the status of my application for a variance. I was advised the Zoning Board would like to clarify whether or not my building design, specifically the foundation elevation meets the flood requirements. I would like to advise the Board that prior to designing the addition, I met with the building department of the Town of Southold, together with Mr. Steve Maresca, a consulting engineer and my architect Mr. Pat Costellano. We were advised that the property is located in a V-8 zone and that a piling foundation would be required. We employed Peconic Surveyors of Southold to prepare an updated sealed survey of the property, which has also been submitted with my application. Peconic Surveyors used FIRM (Flood Insurance Rate Map) of the Town of Southold Panel 112 of 120 to determine the flood evaluation of my property ( a copy is enclosed). Peconic Surveyors has determined from this map that my property is in a V-$ zone with a flood evaluation of 13 feet. On checking further with the Southold Building Department, they advised us of article 46-13 of the Southold code which specifies the elevation requirements necessary in building a structure in a V zone. I have enclosed and underlined a copy of the code for your review. Since it is determined that at an elevation of 13 feet, the lowest structural member of the lowest floor must be above the 13 foot elevation. I have also submitted the sealed engineers drawings showing the piling elevation of 14 feet which will again be certified by Mr. Maresca once the pilings are in place. I hope this addresses any questions which the Zoning Board may have and I want to assure the Board that Mr. Mare¢ca and Rantbo Construction will certify and comply with the requirements of the Town of Southold once the piling foundation is complected. It will be further inspected by your Building Department for compliance. I respectfully hope that this will enable me to go forward with my variance hearing that is scheduled for February 6, 1997. Please feel free to contact me if I can be of any further assistance. Sincerely, Christine D. Rivera APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora 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 MEMO TO: All Building Inspectors Attn: J. Boufis FROM: ZBA Chairman - Jerry Goehringer DATE: January 13, 1997 SUBJECT: Flood Elevation Proposal, C. Rivera at Inlet Dr., Mattituck and Update for Disapproval Action This is a transmittal of a copy of a letter received today from Mrs. Rivera which explains her understanding of the Flood Law and the application which is pending with the Building Department for a Flood Development Permit (pending the outcome of the zoning setback Variances). If there appears to be any misunderstanding in reading her letter, please bring it to our attention, either through the Town offices, or by contacting me directly. Also, Mrs. Rivera has submitted a new survey showing her property size to be 39,996 to the tie line, and showing the ordinary highwater mark of the L.I. Sound to be different from the deeded rear property line (now also shown on this new survey). Thank you for an update of Mrs. Rivera's Notice of Disapproval. cc: All ZBA Members enumerated in~ § 46-6, w/thout a valid floodplain development pern~. Application for a permit shall be made on forms f~shed by the local administrator and may include but l~t be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of one hundred dollars ($100.). In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than five hundred dollars ($500.) to cover these additional costs. § 46-13. Application for permit. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1 - A30, AE or AH or in Zone A if base fl~xi elevation data are available. -- __ ~-' '.v.'~. ~r, 4615 ~-~5-~ § 46-13 - SOUTHOLD CODE B. q~h ~-nm~"'l--'~ tinn~/~l~ ' - ~1~Of thC ..... t , ~ ' ~~ the C. The proposed elevation, in relation to me~ ~a level, te which ~y new or subs~tially ~prov~ no~residenti~ structure ~ll be floodproofed. Upon ~mpletion of ~e fl~proofed potion of ~e stm~ure, ~e ~ittee sh~l submit to the local administrator the as-built floodproofed elevation, certified by a professional D. A ce~ ~om a licens~ profeseion~ en~neer or ~chitect that ~y utiliW flopping ~11 meet the cd~ria in ~. 46-16C, Utilities. E. A ~ifi~te ~m a licensed profe~ion~ en~n~r or ~chi~ct that any no~esidantial fl~pr~fed st~cture will meet the floodproofing criteria in ~ 46-19, Nonresidential st~es (except ~astal ~gh-hazard F. A description of ~e e~ent to which ~ water~se ~11 be altered or relocated as a result of proposed development. Computations by a licen~ professional en~eer must ~ submitted ~at demonstrate that the altered or ralocat~ secant ~11 pro~de equal or ~eater ~nveyan~ th~ the ori~ stre~ se~ent. The appli~nt must submit any maps, ~mpu~tions or other material required by the Federal Emer~n~ M~a~ment ~n~ (F~) to r~ the d~ments entered in ~ 46-6, when notified by the 1~1 a~in- istrator, ~d must pay ~y f~s or o~er ~sts as~s~ by FE~ for tMs pu~ose. The applic~t m~t ~ (_ 4616 s - ~ - ss _ BASE FI,.OOD ELEVATIONS NLY LANDWARD OF 0.0 NGVD. COASTAL BASE FLOOD ELEVATIONS APPLY ONLY I.~,NDWAR D OF 0.0 NGYD. B ZONE A7 A7 (ELl1) (ELl1) NATIONAL F'LO00 INSgNANCE RNOGItAII FIRM FLOOD INSURANCE RATE MAP TOWN OF SOUTHOLD, NEW YORK SUFFOLK COUNTY PANEL 112 OF 120 COMMUNITY-PANEL NUMBER 360813 0112 E MAP REUSED: AUGUST16.1993 'B P.O. BOX 212R MATTITUCK, NY 11952 November 25, 1996 Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 Dear Members of the Zoning Board of Appeals: We reside on the south side of Sound Beach Drive across the street from Christine Rivera's house and we are writing to you to advise that we have no objection to the variance requested by Mrs. Rivera and wesupport her application for a variance. Very truly yours, Mr.~By~--~Mrs . Paul~. Callabro APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Roben A. Villa Lydia A. Tortora 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 January 22, 1997 please find enclosed a copy of the Legal Notice confirming the date of the public hearing for your application to be held Thursday, February 6, 1997. This notice waS published this week in the Times-RevieW by our office, you within 10 feet. frs.m. Also enclosed is a sign to be posted by street). The Affidavit the front property line (facing the traveled office aS soon aS may of posting must be signed and returned to our be possible, after the sign has remained in place at least seven days. (The sign may remain in place longer, which is always preferred. ) Please feel free to stop days of processing to review could be added to the file. by, or call us, during the last few any updates or communications that Very truly yourS, EnclOsureS ' p.S. Enclosed is a copy of the .stanktards of law for your use. note that different standards of law apply in different appli- york Town Law" apply to ~oet ;Xr " ' · ' ' - ~rqed lo~s a ~ an d c s~anda~ds of T~ Law" apply go use v~anceS. ~S~[a[ Use ~[ons" under go~ La~ and gon~n9 ~e 8~d~d8 100-263 tB AIII!'.A VAR I ^IICI!'. '1'o~111 Law ~111c~'lldlllelltfl ~26'/b-3 ~[~ecLJ. ve July l., 1992: -- ---- - ZBA for the use o~ land ~ll ~ manner ~~].owed b~ Llle (Ii. lll~ll . or topographical reqtltrements O[ the appl.l(:ab].e zoning ~ode reuu[at~°n' ~26'1(1) of Town LaW. The new Statute no longer fl~oludes the term ,,pcacttoal difftcu].ty" o~.anY particular test, and now provides that ZBA~ Consider two b~sfc things: [. the benefit to the appl. tcant If the variam~a 18 granted; and the neJ(jhbo[h,~d oE conauunity that would occur i~ the variance were to ~a(:l. Ol:~ ~or al~ fillEh tlhRIhtlCE: L. whether alt undesirable change will be produced t'he neighb{n:hood or a detriment to nearby properties, [f gralltedl 2 whet:her the benefl, t sought by the a[)[>kLcant (lan be achieved by some . . · varfance ].s suhstal)t.La].; .' 3. whether t~e a~ -,~ ~/1~ have an adverse effect or ].mpa?t on tl~e 4. .whether the varranc- --i .... , ,_, -~-hborhood or distrlet't aha physl(~l whether the alleged dlff~l.culty was se.~ ........ _hi. sha[[ be relevant to the ZBA's decl_sfon but shall not prealude the granting Also, as part of the "balancing concept," the new Statute provides that: 6. the ZBA shall grant the illLllJJlltlll% variance that it sha].l deem necessary and adequate, and at the same t]lUe preserve and prote~t the character o~ the neighborhood slid the health, safety all(~ we.l. fare of the [267-b(3-c) of Town [,aw. 1992; furl:her modified July I, t993 {S267b): _E ~_.h?._t~_ll.t~ la autis by the Zllh for tim ,,se of I.a,d tn a ma,mcr or a purpose which Is not al.l. owed or .ts p[ohibited by glse appLicabLe Jug r,~gulat.iossS- (S267( o~ 't'OWl% I,aW) ].. For each add permitted use under the ZOllillg L'e( ions for tile lrtlcul.ar dLstrl(~t where the property is L {a) the ppll.cant cannot real. t. ze a reasouable return, that ].ack returl) t.s substaittia]- as demot)~trated com[ l. na[~cia evidence; b) tht alleged hardship ~elatlBg to the property unique a~d app].Y to a substant.La]..portion of the district <Otto v. Ste ].her 282 fly 'IL aL~d L3ouglaStO~l Civic Assn (c) .he request wi].], not al.ter the essetltia~ character (dj/ '~ ' ,' 't'ovn~ of Greece ~,. P, ' - d <llo]y Se[ml.cl re Cet t~ry ~;...~ls~ lot was acquired as a proh.ibire - nel. ghtlorh~d wa eve'.c'}'=d' . while at tile ns~; Val:].all~e denJ..=~.~., Ini I var].aBce ilec. e~sa[y 2. 'Z~A ll~u8~ gr~.,,,,]..C> the. charaoter and the he~l. th, saCety ~)~ ...... . ''' be ~'26'/-b(3Wa)- ~ '-It o~ the ordl.nance Wl..LX . justice~(me- 0 ,lions al wefts and cesspools om dola oblalflad from olhers. x, .o. ~.~. ~0~ N.Y. 11971 EXISTING SEPTIC SYSTEM TO REMOVED OR FILLED IN CONTOUR LINES & E'I.EVA TIONS ARE REFERENCED TO N.G.V.D. C:OAS1AL EROSION ilAZARO LiNE FROM COASTAL EROSION HAZARD AREA MAP PtIOTO 59.535-85. om familiar with Ihe STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEFIA~E OISPOSAL SYSTEMS FOR SIN6LE FAMILY RESIDENCES ,1nd will abide by lfte coodllloos scl [orlh IhetMn one on Iha EX~T~$ s~rlc SYSTEM TO 8E F~LED IN OR R~OVED SUR VE Y OF LOTS 61, 60 & P?O L MAP OF "CAPTAIN KIDD ESTA FILE NO. 1672, FILED JAN. A T MA TTI TUCK TO WN OF SOUTHOL SUFFOLK COUNTY, N 1000-99-0 7- 16 SCALE: I" = 20' JAN 9, 1995 Dec. 28, 1995 (TOPO, June II, 1996 (SEPTIC SYS 5 SUFFOLK COUNTy DEPARTMENT, PERIHiT FOR APPROVAL OFCC SINGLE FA~flL¥ RESIE APPROVE FORM, AX MUMOF t.~rl F,I~ / I fR~g YEA R.S FROM AREA = 40, 112 sq. ,~'PE,~LS BOARD MEMBERS Gerard E Goehringer, Chmrman Serge Doyen James Dimzio, Jr. Robert A. Villa Lydia A. Tortora 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 December 17, 1996 Mr. and Mrs. Richard Rivera 22 Willetts Court Rockville Centre, NY 11570 Re: Appl. for Front Yard Varqance (Addition) Dear Mr. and Mrs. Rivera: Please find enclosed a copy of the Action of Disapproval from the Building Inspector, which was the document we were waiting for to complete the filing of your val~nnce application. Upon receipt of the neighbor notification forms, with certified mail postmarked receipts and Affidavit of Mailing (form attached), we will send notice to the local official newspaper (Long Island Traveler-Watchman) by December 27th for publication. At thi.~ t~e: 1) *Please send certified mail notice on the enclosed form with a copy of your latest setback map showing the addition to each of the surrounding landowners (including those across both streets). The current names and addresses may be obtained from the Assessors at 765-1937). The return receipt cards are aLso required and should be submitted to us when returned to you. 2) Please return the form with Affidavit of l~ailing completed on.,the reverse side, attaching the postmarked certified mail slips from the post office postmarked by early January in order that we may forward the legal notice for publication with the newspaper. / - Also, we .have been receiving questions about detail.~ .of . the construction height. It is noted on the architect's plan that th~.~ is a one and one-half story extension at a height of 34'6". Please provide us . with at least one map or building plan for our permanent file showing the height and floor levels of the proposed one-and one-halt' story extension and raised patio or deck areas in the new few days, together with items ~/mentioned at paragraphs 1 and 2. Thank you. Very truly yours, Enclosures rJnda Kowaiski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Feb. Southold Town Hall 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 6, 1997 TY E ii ACTION DECLARATION Appeal No. 4452 Project/Applicants: Christina Rivera County Tax Map No. t000- 99-1-16 Location of Project: 250 Sound Beach Dr. and Inlet Dr., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Portion of proposed addition with insufficient setback from Inlet Drive (front yard) and portion of steps with insufficient setback from Sound Beach Drive (front yard) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. .Mx Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCI~R Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under tke ~fpe II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, 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 1197! at (516) 765-!809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board m~mbers. Copy placed in ZBA projec~ file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTI~CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box l 179 Southold, New York 11971 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, $OUTHOLD TOWN CLERK RE: ZONING APPEAL NO. DATE: DECEMBER 18, 1996 Transmitted is an application for a variance submitted by CHRISTINA RIVERA 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 RECEIVED DEC ! 7 1796 Town Clerk Southold TOWt! OF SoIJTIIOLD, tIEW YOrK Al'lq!AL FROM DECI$1OIq OF BUII_DIIIG II.ISI'EC-I'OR APPEAL biO. z ,~ ~ )" DATE .............................. I'C) II1[ ZOIIII'IG IIOARD OF APPEALS, '[OWI,I OF SOLII'IIOLD, N. Y. I, (Wu) ..... Cb.~.C~e...R~e~.a ....................... ,,f ...2.5~...~.~..B.e.~..D~L~e ....................... ~a~ak ........................................ ~ ................... I IE~EBY APPEL. ......................................................... 5l(111t Municipalily I IIE ZOI'IIIIG I]OAI/D OF APPEALS I:l/O/~ 'IIIE DECISIOI,I OF TIlE BIJIIDING II,ISPECTOR OI'1 APl)LICATIOI'I FOR PERMIT NO .................................... DATED ...................................................... WtlEREBY TIlE I]LJII_DII'qG INSPF_C]'OR I)El,llEl) l'O C h r i s t i_n...e.._ R...i.y..e..r..a.. ......................................... ................ i:io,,,e al APl)lico,,I for pe,,,,il S/A/.A ...................................................................................... .............. Municipal ly 5 ale ) pERMIT '1'O USE t)[RMI'¥ FOR OCCIJPAblCY ) I OCATIOI'I aP TI IE PROPEP, TY ..2..-~Q...8.o.u,~q..D.~.~.~.'b-..~r.~--v..e.,...H-.~.%~k~.~g~..m'~'Z'~[(~'~ I. Sheet /llanl]el: / Use District on Zoning Map JlisLrJcL ]00() 5ecLJ01t99 IBJock 01Jot 16 ..~.llrl'ellt G~,,er c_h_~i~_~~a ~¥['}~]~'-"~'g~'~' ............ 7"-~'0'~'~'~g'~'~ pi'Jar 0wnel' ~%o Delyanls (deceased father of applicant) 2. PJlOVlSlO/J IS) OF THE ZOFIIIqG O[IDII'IANC[ Al)PEALED (Jndicol. Ihe Article Secllon, s~clJol~ on(I Pu~agr[~l)h of Ihe Zoldng Ofdi~Jonce J)y ntn~iber. Do i~ol quole Ihe Ordinance.) AvLicle . ~ Sect~0n Bulk Schedule for Residential Districts 3. TYPE OF Al'PEAL Appeal is made he,ewi~h for (i)Je~se check appropriate box) (X A VARIAI'ICE Io the Zoning Ordinance or Zoldng Mop ( A VARIAI'ICE due to lack of access (Slole a[ Flew York Town {.ow Chop. 62 Cons. Lows Art. 16 Sec. 280A Subseclion ] · I. pI'I. EVIOUS APPEAL A previous appeal (has) (hc,s not) been ,node with respect 1o lhis declsio~ al Ihe Building hlspeclor or wilh respecl Io II,is flroperl¥. Such'~pl)cai was ( ) request Jar a special permil { ) request for o volionce ond woe m~de in Appeo~ No ................................. DolecJ ............................. ~ ........................................ I'IFA$OI'I FOIl APPEAl- ( ) A Variance Io Section 280A Sul>seclion 3 (X) A Vark.~ce lo Ihe Zoning Ocdinn,~ce is ~equesled lar Ihe ~ecl~on thai premises are located 'at northwest side of intersection of Sound Beach Road and Inlet Drive as a result of which I'nlet Drive side is beth a side yard and a. fron.t yard, ~.~'~ ':' ~e~ Applicant's Inlet'Drive setback is proposed at/~ feet which exceeds th~ yard requirement ~! ~ F0, m ZBI (Coidhu~e o~% olhe~ side) FOR Al'PEAl. ,, Conlinuecl ' :, I. SI'RICT APPLICATIOH OF TIlE ORDIIqAhlCE would I~,ocluce plactical diflicullies or un.eces~ sa,yllAl~DSllll~because Inlet Drive is functionally a parking field, not a street in the customary sense which would be improved with ot~er residences each of which should be set back a certain and similar distance from the "street." 2. l'l~e hordshil~ created Is UNIQUE and Is not sl,ored by all p,ope,tles alike In the Immediate vicinily oJ this properly o~¢1 in this use district because Applicant's residence is only structure on Inlet Drive." .. 3. 'lhe,Varionce would observe the spi,it oJ the Orcli.ance and WOULD NOT CIIANGE THE CllARACTER OF TIlE DISTRICT because the eel.eat of granting the v~riance is to reduce otherwise permitted vertical scale or mass.' STA'IE OF IqEW YORK ) ) ss COUI'ITY OF SUFFOLK ) S~m,, ~o ihls .......... 25t..h. ........ clay of NQ~.e.~..ber ............... 1996 1',lolor ¥ Public ANIlIONY B, TOtIIU. Hi.tar/p,~bllc, St~'~ of N~ Yak No. 52-~50510 Associates, Ltd 245 STH AVENUE, SUITE 1102 NEW YORK, NY 10016 P 212 685-8477 F 212 779-4136 240 WOODMERE BOULEVARD WOODMERE, NY 11598 P 516 569-4399 TRANSMITTAL R, ~,4.v-.p IO,'K. I IqT/ / Project Project No. Description Drawing No. Issue Revision Copies I / For Approval For Pricing For Construction Our Messenger O Your Messenger o O By Mail ~Other Transmitted By ~AT Received L BASE FLOOD ELEVATIONS tNLY LANDWARD OF 0.0 NGVD. COASTAL BASE FLOOD ELEVATIONS APPLY ONLY LANDWARD OF 0.0 NGVD. B ZONE A7 (E L 12) ZONE A7 (EL 1 1) A7 (ELl1) ~ONE B ZONE C ZONE B ZONE A7 (ELl1) ZONE JACKSON LANDING ROAD ZONE B :RM26 B ZONE BI ZC B LE MARRA TooKA POND B ZONE C Haza,d Area~.lhe comm. u mt ?.~ot~P...~ of this maplor prope~/purchase u~al~ fl~ ha~rdinlm~ ~-- INITIAL iDENtiFICATION: NOVEMBER 29. 1974 FLOOD HAZARD BOUNDARY MAP gl. VISION: NONE FLOOD INSURANCE RATE MAP EFFECTIVE: MARCH 19, 1980 FLOOD iNSURANCe- RATE MAP REVISIONS: June 3. 1980 - to change zone designations. June 15, 1983 - to add the effects BI wave action, to add special flood hazard areas, to reduce speclel Itood hazard areas and to add base flood elevations. April I'/. 1985 ' to change base flood elevations end to reduce special odd hazard areas' vafions, to add specie Iood hazard August 16. 1993 - to add base I odd ere . areas, and to add undeveloped coastar barriers and otherwise protected 124 B To determine ii flood Insurance is available in this community, contaCt your InsuranCe asent, of carl the National Flood Insurance ~o8ram, at (~00) APPROXlMA~ SCALE 500 FEET 0 NATIONAL FLOOD INSURANCE I STREET ,!-zoNE FIRM FLOOO INSURANCE RATE MAP BAY T0Wlq OF sOUTHOLD, HI W ¥0RK SUFFOLK C0t~ITY ZONE C <RM25 PANEL i12 OF 120 {SEE MAP INDEX FOR pANELS NOT pRINTEDT RLENE ROAD ROAD .NOTE' CQMMU#ITY-PRHEL HUMBER 360813 0112 E MAP REYTSED: AUGUST 16, 1993 Management Agency New York tata of Eflvm3nma..C l Consarv Bu.~ding 40 - SUNY. Stony B~II~. New York 11790-2356 Taiaphone (516) ~.~.~. 0365 Facsimile {516! ~.~.? 0373 Mr. Richard Rivera 250 South Beach Drive Mattituck, NY 11952 Date: April 11, 1996 Re: 1-4738-01297/00001 Rivera Property SC~ 1000-99-1-16 Dear Mr. Rivera: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: the property landward of the ten foot elevation contour as shown on the survey prepared by John T. Metzger dated January 9, 1995 and revised for topography on December 28, 1995 is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Deputy Regional Permit Administrator cc: Pasquale J. BMHP File Castellano APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora 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 NOTE FOR THE FILE AND INTERESTED PARTIES FROM: ZBA Office DATE: December 29, 1996 SUBJECT: Frontyard variance request/C. Rivera at Mattituck This morning I reviewed the elevation drawings of the C. Rivera application. Please note that there is a misunderstanding and I would like to bring to your attention that the house and its existing height is remaining "as built" without structural change to the main building. The house will blend into the new areas (north and east yards), and only the addition is required to be raised, lower (first) floor at 14' above MSL to meet the flood elevations. It is difficult to read because it's not 3-D, but when you look real closely, you'll see it. The addition is being proposed to extend toward the street at 28'4" from Inlet Drive front line, and the opposite end of the addition is not less than 20 ft. of the westerly side line. The plans show the westerly wall for the new addition at a 21'8" west side yard setback (the same distance as the 6'8" setback and width of the 15' garage). The setbacks which are being reduced are in the two front yards: for a 6' x 12' entry/steps facing Sound Beach Dr., plus the one-story addition at 34'6" height facing Inlet Drive. I hope that this will help to clear up any misunderstandings that seem to be returning to our office. The above has been confirmed to our office today by both the Architect, Pat Castellano, and Ms. Rivera, as well as "no change" in the existing house - the existing garage and house will remain "as built" without height changes. I have left the elevation drawings on the office table for you and anyone else who would like to see. The elevations maps have been a part of the file since early last week. The hearing is calendared for February 6, 1997. P.S. If there are other inquiries, please encourage him/her to try to stop by to look at the Town file and elevation plans (which may answer most questions). We have not bad anyone in, as yet, to look at the plans, but there is time. The hearing is calendared for February 6, 1997. cc: Entire ZBA A~,~at~, Ltd TRANSMIWFAL / LOTS 61, 60 "CAPTAIN KIDD E~ ' FILENO 1672, FILED~ . , SCALE: F' = JAN ~, 1095 Dec gS, ~g~ (T~C '.5 AREA = 40, I12 s for public hca~n~t by the SOUTHOLD TOWN BOARD OF APPEALS, a~ Southold, New Ymk H9'~l, .on THUI~DAY, MARCH 13,1997 st tim~ no,ed below (or as soon thet'~q~r as possiblc):· . ' - which waiver is based on thc Nov:. 15, 1996 Action of Disapproval ~by Building Inspcctor due to lot ~ deed and conformity in s~ze when lint c~eated (~f:. Building Inspea~'s ~ ~o~s). Location of l. ands: 335 Main SL and 1045 Wilmarth A-,,e~ue, R-40 Zone. 1000-34-1-16 as one Ic~ and 1000-41-1-10 & 11 as the other 6:50 p.m. AppL #4462 -- VlVIEN · mid PETER SOO. A variance is requested for a rcduced front yud set- b~,ck for pmp~ed new dwelllng, hsed on the January 15, 1997 Action of Inspector. Location of Properly** 265 Cedar point Drive East. Southold. Required front yaxd: to be determined based on thee established within 300 feet, same block, nmc side of s;me:, or bulk schedule minimum of 35 it. fro~ 35 tr. mar, 10 fl. and 15 fi. sidea, pefla~nin$ to this lot s~c of 15,576_+ ~ua~ feet. County lqt~cel No, 10~0- 90-3-9. (Not: Setbacks from thc wmr a~ determined by Town Tnmee~ and NYS DEC~ when no bulkhead or wall exists.) ,~ . 6'~3 p.~n. Can'yove~ Reidn~ from 2/6/9? and, 2/25/97: Ap~L No. 4452-- , 7:0~ p.m. Cmyov~ Ikadng fro~ under A~cte X, S~aton ~00-101~- 11500 Main Road, Mamtuck, ;, BusinesS. (Site Owner:. Harvey or ~mive~ dc;~rin8 to ~ he~d in t~ above application~ WfiReo eom- ca~/over beadnp. The files may be for updates or new information. If you have ques~us,, please do nm he~itam to O11 765-1809. , . BY ORDER OF TI~ SOUTHOL~ TOWN BOARD OF APPEALS GERARD It:. GOF. HRINGER, · Ominna~ By l.inda gowalskii 8890.1TM6~ · STATE OF NEWARK) ) SS: ~OUNTY OF SUFFOLK) ~of Mattituck, in said County. belr~ duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES. a Weekly New~paper, published at Mattituck, in the Town of $outhold, County of Suffolk and State of New York, and that the Notice of which the nnnexed h~ i printed copy, has been regular- ly published in said Newspaper once each week for [ weeim successively, Gpg~nencing on the~ day of J~.~O~____~. Principal Clerk premises. Localio~ of Prepe~ty: $650 New Suffolk Ave., Mattituck, NY; P~I ~1~11~1~ . 7~ p.m..~l. ~. -- ~ T. ~D~N. ~ u~n. the 1~ of~ by t~ is ~ ~i~ will ~ ~ ~n ~ ~i~ 75' ~ ~ ex~g ~d. ~fion of ~y: ~15 ~1~ N~ R~d, ~u&uid, NY; ~ 01~ ~ ~ ~ by ~ BMIding l~r ~r ~z IliA, Section 100-30A.3, applicant is unit. aeparate and acesaso~ to the main tequited3~'fmmyardfm, thisreuiden. 66-1-31. Zone: R-40 ReMdentin tisl pmnises. Location of Prepay,: 25 · Properly size: 1+45~: ncre~ County · Fast Side Ave., Mattituck, NY; Parcel, , Ps.el No. 1000-66-1-31. Zone: M-31. '#iOO0-gp..3-18: 8.'00 p.m. Appl. No. 4455 --JOHN ~. 7:15 p.m. Cam/ove~ Hea~: AI~. ' and CATIILEEN HARRISON. This ,,~ . Il Il Illll I rio. 4410 -- GARy SACKS and is t~aTd~t les a wuiver und~ ,~M~m TOW~OFSO[~I/OLD theluiX16,1996N~ofOisap~,~al of Disapproval by the Building LE~ALNOTICE from the Building [napes~or, appt~ama Inspector. The H~#ding inapm~ has NOTICI~ IS HER~BYO[V-~.pur. rtqutat a ~brinn~ umktA~dcl~ X~OlI, d~t~min~d · mm~r under Afl~c~ E, suant lo 8~tinn 2~7 of the Town Law S~ction 100-239.48 fo~ · pulaski ,~ina 100-2dA b~auat th~ haw andtheCodeoftheTownofSouthold, dech addition withln 75 feet of bulk. been held in common owner~p, ol the following al~iiesfiom wifl he held - head, at 125 Memobinn Drive, Laurel, sometime after July 1, 1983. Property forpublieheafingsbytheSOUTHOLD NY;Pamel#1000-14$-4-7. Loeatinn: 1225 & 1227 Pine Neck TOWN BOARD OF APPEALS, atthe. 7:25 p.m Appl. No. 4448 -- Road, Southold, NY. Parcel#1000.70. SoodioldTownltall, 53095 Main Rond. '~',: MARIA ANDEIOPOULOS. Based $.36& 37. Zone: R-40. Size of lot Southold, New York 11971, on upon the 11/21/96 Action of Dis·p- whenc~emedlessthen20,00Osf. TliUI~DAV, I~BRUARy ~ 1~97,, pmval by the Building Inspe~or under ns nord below: 8:15 p.m. AppI. No. 4401 -- DAVID AppL #4458 -- MICHAEL HUGH. ~. the incatkm of a poflinn of a proposed ' titan 12/12 I~ N~pllcant's requesL Use Building Inspector under Article XXlil~'- Section 100-239.48, applicant is t~questing a variance fat approval of near existing bulkhead at 2175 Point Rs*d, Cmchngue, NY; Countyi P~..40I #1000-104-13-12. p.m. Appl. No. 4453 EDWARD and EVELYN" · Actinn of Disapproval by ~ B~Hn~ Variance under Article X~OV, Section. 100-241-A&C, and Section for the proposed altemtinn and ass·ed ' Boor addition (ext~msion) of · no·con- nonconforming '(preexisting) living ~. This IJ · request for · spec~l_ dechadditionwlthin75featofanexlat. exception underAnlcle X, Section I00-~ ,:,. lng bulkhead at 1605 V*~tview Drive, 101, BI2 for new and used boat sale~ at ~ Mattitu~; O~unty Parcel #1000-107.7. 11500 Main Road, Mattituc~ .NY;i,~. 9. Parcel #1000-122-3-6. Zone dispel: B ~. 7:~0 p.m, AppL No. 4452 -- the 1/14/97, Action of Disapproval by 6:50 p.m. Alii. No. 4454 --- SAL~,;. the Building Inspa~or under ~ vatism:~ is reques~d for a car rental business co·ce·Sag papery located at 73625 Main Road~ Omc·pail, NY; Conhty Patesl No. #~000-45-3-2. Zone District: LB ~Umlted Business for entire parcel. The Board of Appeals will at said thne and pi·ce hear any and all patsmm VATOR~ and IRENE. Based upon the 10/09/96 Action of !~ Disapproval by the Building lespec~. under Article Ill, Section 100-33 appli-:' east is requesting to locate · ~ builolng (m built) in h fn~t yard m:~!; t.ocation of Pmparty: 110 Sel~ Lane, Mattituek, NY; Parcel #1000-106-09- 4.8. ' ' : Beach Drive. Properly Lo~tio~: 2.50 6:55 p.m. Appl. No. 4457 ~ ''" Sonnd Beach Drive and lninl ,JAMES uad DIANA MINOQUE. ~- Mattituck, NY; County PJrcel #1000- Based upon Ihe 01/03/9'/ Actino of ~ 99-1-1§. Zone: E-40 Residential. This Disapproval by Ihe Building lnspecto~ i~melmmis~ofapproalmatdy40,000 under Afliole IliA, Semion 100-30A.3, .d. in Ioul roes. applicant is requesting Io construct an '7:35 p.m. Appl. No. 4451 -- blAR. addition to dwelling which will exceed lAN JEa.~ PRAUS. Based upon the required 20% lot coverage at this 17J06/96 Action of Disapproval by the IliA, sectton 100-30A.3,:~ie~t is- o~ reln~ematives d~irln8 m ~ ~ ~ ~.~ o~.a ~ ~: ~ ~ my ~M ~ ~i~ ~ to ~dnt~~;. ~e a~ h~dn~ wll not ata~ a~ll~m ~n ...... ' '~~ ~ ~ may ~ ~H~:~e ~ ~ul~ ~ ~, ~t y~ ~ ~ may ~ ~vi~ du~ ~isr bus]J** ~ h~m f~ u~ ~ ~w tof~a- t~. If you have q~ pl~ ~ ~ ~mte ~ ~11 7~-1~. ~ted: J~ 21, 1~7. BY O~ER OF ~E ~O~ ~ ~ OF ~P~ OE~ E ~EH~OE~ ~an ~38-1T~ STATE OF NEW YOR~) ) SS: ~ of Mattltuck, in smd 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 pubJished in said Newspaper once each week for ~ weeks successively. ,pp_m.~enclng on the -~.~_day of~,_ 19~_~ CHRISTINA VOLINSKI Notary Public. State of Now No. 5~884 Oualified in Suffolk Commission Expires Novem~r LEGAL NOTICE BOARD OF APPEALS TOWN OF SOUTHOLD 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 p.m Appl.#4456- and PATRICIA REI LLY. Based upon the 01/06/ 97 Action of Disapproval by the Building Inspector under Article IIIA, Section I00-30A.3, appli- cant is requesting to consmact an addition to dwelling which will exceed the required 35' front yard for this residential premises. Location 9fProperty: 25 East SOUTHOLD TOWN BOARD OF. APPEALS, at the Southold l'own Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, FEBRUARY 6, 1997 as noted below:.,: ~ 6:45 p.m. North Shore Yacht Sales, Appl.:No. 4458 MICHAEL HUGHES. This is a request for a special exception under Article X, Section 100- 101, B 12 for new and used beat sales at 11500 Main Road, Mattituek, NY; parcel #1000- 122-3-6. Zone district: B Busi- ness. (site owner: Harvey. Bagshaw). ~:;~ , ..,.,; 6:50 p.m..Appl. No. 4454- SALVATORE and IRENE ARIOSTO. Based upon the 10/09/96 Action of Disapproval by the Building Inspector under Article III; Section 100-33C, ap- plicant is requesting to locate a storage building (as built) in the front yard area. Location of Property:411.0 Selah Lane, Mattituck, NYi Paroel #1000- 106-09-4.8. 6:55 p.m . Appl. #4457- JAMES and DIANA MINOQUE. Based upon the 01/03/97 Action ofD sapprova by the Building InspeCtor under Article IliA, Section 100-30A3, applicant is requesting to 'con- strn_ct an addition to dwelling which will exceed the required 20% lot coverage at premises. Location of Property: 5650 New Suffolk Ave. Mattituck, NY; Parcel # I000-115-10-6, ~7:00 p.m. Appl. No. LOIS T. ANDERSON. Based upon the 01/03/97 Action of Disap- proval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is request, ing to c0nsU'U~:t a deck addition t° dwellidg'Which will be less than the required 75' lmm the isting bulkhead. Location of l Property: 2515 Calves Neck Road, S0Uih;ldi NY; Parcel I #1000-?04-45.5. · ·Side Avenue, Mattitock, NY; Parcel #1000-99-3-18. 7:15 p.m. Carryover Heating Appl. g4410- GARY SACKS ! and ALAN SCHLESINGF. R. : Based upon the July 16, 1996 Action of Disapproval by the Building Inspector, applicants request a Vari~ce under Article XXIII, Se~tioff i 00-239.4B for a pr°poSed ~leck addition within ! 75 feet of bulkhead, at 1325 , Mesrobiaa Drive,' Laurel, NY;, Parcel # 1000- I ~54-7. -:~: . ~ 7:25 p.m2 Apply No.-'4448- ..MARIA ANDRIOPOULOSi Based upon the l 1/21/96, Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for the cation ora portion ora proposed deck addition within 75 feet of an existing bulkhead at 1605 Westview Drive, Mattituck/ County parcel #1000-107-7-9. 7:30 p.m. Appl. No. 4452- CHRISTINA RIVERA. Based upon the 1/I 4/97; Action of Dis- appro(,al by the Building Inspec- tor Under Article IIIA, Section 100-30A.3, applicant is request- ing a variance for permission to locate a porfi0n ora proposed ad- dition to dwelling for which a · l~ortion will be 'loCated at less than the required 40 ~ Imnt yard setback from Inlet Drive, and a small portion of steps less than the. required 40 feet -imm yard ?rom Sound Beach Drive. Prop- eny Location: 250 Sound Beach Drive and Inlet Drive, Matfituck, NY; County Parcel #1000-99-1- 16. Zone: R40 residential. This pamel consists of approximately 40,000 sf. in total area. 7:35 p.m. Appl. No. 4451 MARIAN JEAN PRAUS. Based upon the 12/06/96 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, applicant is requesting a variance for ap- proval of steps and deck con- struction, as bull bulkhead at 212 au Point Road, Cutchogue, NY; County Parcel #1000-104-13-12. 7:40 p.m. Appl. No. 4453- EDWARD AND EVELYN HALPERT. Based upon the 11/ 18/96 Action of Disapproval by the Building Inspector, appli- cants are requesting a Variance under Article XXIV, Section 100-24 I-A&C, and Section 100- 243A, for the proposed alteration and second floor addition (ex- pansion) of a nonconforming building which has contained a nonconforming (preexisting) liv- ing U~it, separate and accessory I to the main dwelling, at 2125 Town Harbor Lane; S°utho d, 4 NY; County parcel #100046-1 - i ..31. Zone: R-40 Residential.' Property size: 1.45+/- acres. County Parcel No. 1000-66-1- 3 I. Zone: M-31. · 8:00 p.m. Appl. No. 4455- JOHN AND CATHLEEN I HARRISON. This is a request for a waiver under Sect on 100- 26. based upon the fion of Disapproval by the Build- ing Inspector. The Building In- spector has determined a merger under Article II, Si~etion 100- 24A becaUS~ theY have been beld in common ownership at some- time after July 1, 1983. PropertY. Location: 1225:& 1227 pine Neck Road, Southo d, NY. Par- cel #1000-70-5-36&37. Zone; R- 40. Size of lot when created'I'ess than 20,000 s.f. 8:15 p.m. Appl. No. 4401- DAVID DEFRIEST, as Tenant. Carryover hearing, continued from 11/14/96, arid from 1~/12 per applicant's i'equest. Use vail- ante is requested for a car rental business concerning propertYl located at 73625 Main Road, Greanport, NY; County Parcal No. 1000-45-3-2. Zone District: LB Limited Business for entire parcel. The Board &Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior t the conclusion of the subjec hearing. The above hearings wi not start before the times desig nated, and some may b carryover hearings. The file may be reviewed during regula business hours for updates o new information. If you hay, questions, please also do no hesitate to call 765-1809. Dated: January 21, 1997 BY ORDER OF THE SOUTHOLD TOW'?' BOARD OFAPPEAL5 GERARD P GOEHRINGER, Chairmar IX-1/23/97(76 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a punic newspaper printed at Southold, in SuffoLk County: and that the no- rice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for .................................................. ../. ................... day o~.-_2 .............. ~,/ .................. ~ 9..2? Sworn to bef~e me rhi> ............ . ............... day of  ....................... 19...1'..7 Notary Public BARBARA R. SCHNEIDER NOTARY PUBUC, State of New York No. 480684~ Qualified in Sufla~k Cau~t~ ~ %ne hearing. 0niy seven full days is required for posting, -o ~ longer. Thank you it may, of course, BOARD OF APPr~kLS:TOWN OF SOUTHOLD ~n the Matter of the AppiiC~t~on of /~/f ~/~ cOUNTY OF S~FOLK) STATE OF N~ YOBK) AFFIDA~T OF POST~G , ~-esiding at New York, being duly sworn, depfse and say: by placing ~e Town's of~cial poster s:~ ten (10) feet, from the st~t, and %hat'i have checked to be su~ the poster m piece for seven (date of h~g noted the~ to be had · ~ , 199z- Datecl. :ddflOC~ ~j o~q' Sworn Lo be£o~e me this Notary Pubic / ' - specific parcel(aL notice shall be provided pursuant to Chapier 58. Chapter 58 is hereby added to the Town Code of the Town of $outhoM as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. 58-1. Providing Notice of Public Hearings. Whenever the Code cella far · public heanng, this section shall apply. Upon determining that an applica- lion is c.~mplete, the board or commission rev awing the Same shall ~ix a lime and place for a public fleering [hereon. The board or COmmission reviewing an application shall provide for the giving bi' notice: A. By causing a notice giving the time, date, place and nature of the hearing ~o be published in [he olficiaJ newspaper within the period prescribed by law. B. ,Ay requking the applicant to erect Ihe sign provided by the Town, which shall be prominently displayed on the premises facfng eacri public or private aU'eel w~ich the property involved in [he application abuts, giving notice bi' the applicetion, the nature of the approval sought lhereby and the time and piece of the public hearing [hereon. The sign shall be set bacl< not more than ten (10) feet ¢rom th~ prop- arty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date bt the puOlic hearing. The applicant or his/her agent shall tile an anldavii that s/he has complied with this provision. C. 8y requJr[hg the applicant ~o send notice ~o the owners of record avery property ,,v~ic~ abuts, and avery property whict~ is across from any public or private street h'om the pre,arty nctuc~ed in the applice- lion. Suc~ notice shall be mede by certified mai/, relurn receipt re. quested, posted at least seven (7) days prior to the date of the inilial pul~lic hearing on the application, and addressed Io the owners at I a~dresses lisle.? For th_~n o0 the local assessme~ roll. The or agent shell file an affidavit that s/he has comohed wiA NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held. by the SOUTHOLD TOWN BOARD O.F AP.PEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RE.CORD: DATE OF PUBLIC HEARING: _. I.f you hav.e, an. m. terest in this project, you are invited to view the Town file(s) .win.Ch are .avau.ab!e ~or inspection prior to the day of the hearing _durin~ normal business ~ays between the hours of 8 a.m. and 4 p.m BOARD OF APPEALS · TOWN OF SOUTHOLD · (516) 765-1809 SCALE 20' :lAN 9, 1995' Dec. 28, 1909 (TOF~.GRAPHICAL. ,June ~1~ 1~9~ ~.,EPTIC SYSTEM Jori. I0~ 199~"tR'evlslon$], ' J \ ~o % 4G SEPTIC SYSTEM TO REMOVED LED CN UR _INES & EbEVA TIONS ARE ~NCED TO N.G.V.D. ~.L EROSION HAZARD LINE vROM L EROSION HAZARD AREA MAP 59-533-83. AREA '[OWN OF SOUTHOLD BUILDING O EPAR TM E N'I "--~l TOWN liALL $oUTIIOLD, N.Y. 11971 TEL.! 76U- ltJ02J SUI~.¥EY ................. CIII;.cK . .; ............... SI~PTIC F Ollll ............ Ift~T 1 P'/ | CALl, ................. flAIL TO; ,. lifts npl~llcnllon mum be complelyly filled In by .typewriler or hi hlk nnd ~ubmllled lo the lhdhlh~8 In~lmclm. wll sels ~[ plnll,, ~CCtll'6l~ plot plnn t~.~ml~, '~eOrdJllg Jo schedule. " ' ' ' b. Plot plan ~howlllg Joenllon or lol 8nd of bulldblg~ mi premlAes, leJglJonshlp [o ndJolnln8 l.enli~e~ or public ~h~ or nreng.'~nd giving ~ detMled description or Jnyou[ of ploperly loom be drown on tile dingrnm which I~ Imtl of lid, c. The work covered by (Jli~ npl)llcnlJOll nlny IlOl bo collllllellCed heroic issunllCe of ]]uJldJng ['eimJl. d. Upon approval of Ihl~ .pldic.llon, Ihe Bulldln8 Inspeclor will I~sued ~ Buildin~ PemJlt Io Ihe .pplla..I. Sud~ slmll be kepi on Ihe pmlul~e~ .~.llnble for Inspecllon Ihroc~houl Ihe wolk. e. No building Ml.ll b~ occupied or u.ed In whole or in p.rt for .ny Im~pose wJmlever imlJl ~ Cerllfic~le of Occupn sh.ll Imve been 8~anled by Ihe IJuildin8 I.,peclor. APPLICATION IS II~R~B~ MADE lo'lira Buildln~ D~lmrhimnl For Ihe I,~u~nce of. Buihll.~ Permll Im,.u~.l h* Buildin8 Zone Otdhmnce of the Town of So. lhold, Suffolk Courtly, New Yoik, m~d olher .ppllcM~lo L.w,, Ordimmce I(~tdollmm, for Ihe con~l~cllon of bulldinBs, ~ddlllo.~ or 01le~,llon~, or for remowl or demolllion, .~ herein lhe .ppllcnnt n~ee~ lo comply wllh 011 .l~p. hc~ble ?w~, ordmnnce,, bmldln~code, hou~ll~8 code, nmi le~ IMio.., ~.,, ' .... 2.~>~ ............. - (Sign~hire of ~pplic~l, or n~me, tf. coH*mnho (MrllhJg ,ddre~pphca $lnlc whether .ppllc~ll is owner, lessee, agent, .rchilecl, e.glneer, general conlr.ctor, elechlclnn, Idumlmr or Imil Nnme of ow.er or )l'enllseS ......... ~ .................................... , ..................... (n~ 011 lira lax mIl or Inle~t deed) I~ .pplicnnt is n COrl~O'mllon~ slsn~ltue of duly nulhoH~.ed officeL (Nnmc nnd lille ol' cm'pomle officer) Builder'~ Licen,~e No .......................... m,,,~,e,'., LIcc,,,e No ..... /.'f ~.7. ~ ........... Elect c. slice .~eNo. ,.?.~.~.&. ............. Olher T .de., I.~ce ~se No ...................... Locnlion orlnlld on which plopo.~ed wolk will be done .............................................. louse Number SI reel I Ismlel Courtly 'l'nx M~p No. I000 Sectioc ............... Block , , 6 ~ , .... 1.,ol , j ~ q. ...... ...... ,..o, t Sl~le exlsling use ~nd occulmncy or plem~se~ mid t Hemled use nmi oCdUlmnCy of ploposed COl~ll~cllmi: :~. Exisllngtme.nd occup.ncy ~/AJ~ ~/~ ~/~ Nature orwork (check which applicable): New Building , 'Addition . .~.. .............. Altcralioo .......... Itel)air .............. Removal ............. Demolition .............. ~ Other Wo[k ..... ~ ' (Descrlplion) Eslimated Cost .... '. t ....... Fee ...................................... (lo be paid on filing'Hfls al)pllcalloa) 1~ dwelling, muobcr of dwelling unlis ...... ' ~ ........ Number of dwelling uni!s on each floor .... ~//~ ........ If garage, number of cars ..... I..~ ....................... , .................................... If htlsincss, commercial or mixed occupancy, specify nalnrd and extent of each lYl)e of uso ....... Due si(ms of ex st ,gstnoltres. if any: Fro ,l ~.7 ~. Rear ~Z ~ l)e~ '~'~'~ ...... ,. .. ........................... Ilclghl ...l~ .......... Nmnber of Slot es ...... ~ ........................................... DhueasJons of same stmclure with a lera OhS or a{( o)s V'ont ~ ~- Rear ~ ~ I)eplh .... ~..ff~ .......... Ileight ...~7./~ ......... Nt IberofSIorles..(7~ ......... Dime~sonsof. entlre )ewconst'tcto~ Frolt ~ ~ Re r 7Z ~ l)ant~ ~ F~ ~'?' ..~.'/~e' .... ,,,m~o, orSo~,''')'+'5;~g~.. .~ ...... ; ......... " .................. Date of Purchase ..... /(1~3 / .f ? ' N mo orPo'ner Owner ~ ~ Zoau or use district In which l)r' en;Ises are situated .~ ~I~CT. 7. ~.1~.~ '. ~l~.. Docs proposed conslnlcllon violate any zoning law, ordinance or regulallon: .'. ~.~ .......................... Will lot be regraded ..... ~ .................... Will excess fill be remover from prem sea: Yes Name o 'Ow ~er of pre ~ s~s~t/~ff ~/Y~' At t tess ~ ~ a~ ~t~Phono No s> ' D' .......... ..... t ¢a' ' ............. Name of Architect .. ,~. ,.,~...~T&~ Address ~~.tl~Phon~,~o~ Is thJ8 pcoparty wfthtl 300 Eee~ off a tidal wetland? ~ .~.. No.., ...... ail yes, Southold To~n Trustees Perm'l.t may I)e required. PLOT DIAO RAM l.ocal¢ clcarly ami dislinctly all buil(linga, wheflter exisling or proposed, and. lmllcale all set-back dimensions flora )l)crly lines. Giv~ street and block mmiber or descrlplion according to deed, ami allow sheet names and IndicMe whethe~ odor or cmner lot. 'ATI! OF NI'.~V YORK, ,q S ) U NTY.6~F//. ..... ~.~ .... -' . //.,ff (Naur~ of ladivhhlal signing conlrac/) ; is Ihe .......................................... , .............................................. (Conlraclor, agent, corporale officer, · sidd owner m' owl~el'S, and is duly aulhorized to perform m' havo I')crforme(I lite said work and Io make and file Ihls ,plicalion; Ihal all slatcments contained In this appllcalion are Inlc te Jhc best of his knowledge ant~ b~llef; and Ihs( the :hk will bo i)crl'ormed in tho manner set forlh In Iho application filed tl'serewllh. vo[n h) be[o['c I11~ IJlJs projec= ia not ~i~nllican=. Note: This application is .T~pe II under 6 NYCRR §617.5(c)(9) as a result of which (5 NYCRR §617.5(a) and ' (d Zn~ir=nmen~al" Assessment 6 NYCRR §617.6(a)~1)(i)) this application i~ not subject to SEQRA review. !. Will ~rojec~ resul~ in a large p~y~ca! c~anqe ~--%an lO acres of !and? :es X No Will ~uer~ be a mauor change uno,ua! Land form on L~e si=a2 ~{Anthon7 B. goh±121.) OV]~i~5 , 1996 A. Please disc!=se cie n~mes cf Zhe cwner(s) and an5- cuber ind~vidua!s (and ear-ruins) having a f±n~cia! in~eresn in uhe sui~jecn premises a~d a descriT~icn cf ~leir i=ueresns: (Sapar~ue sheen may he a~nacned.) Christine Rivera Owner in fee (X} Nc. (~f _v~._n~==~ -,=~-=,-n' :~:_ ~ "ccr~!-~r~'' c~ ~=--~_.) Yes { X} No ~ Are -~=~= an? :~=== w~ch c__-~_i__ ** ~:-~ (Long Island ........... - -~ - ~e .... qr~sses? Yes 2. Are uhe wetland :~==~ shc'.~ c= ~e ma~ sushi=neC wi~ Sound) ~-~ ~ -__--- - .--. =~=~;-a~cn° N/A - Premises have a no-jurisdiction letter ~: 'Icur pr:pern_-£ ccnuaias weul:_nca or pcnd areas, have ~e~=~-=-~ ...... ~n of ~urhs~cnLun? N/A - Project is landward of setbacks None -f none 7arcai Residence ..... ~=~ 'ica S/A/A (CHRISTINE RIVERA) UOAF, D DF AI'?~AL$, TOWN OF .5_O. UTIIOLD NOllE[ TO Io reque~l a~ (Special Exception) (Special I'erm~t) (o~he~) [cJ.~e ~:hoJ. ce l 2. Thai lite property which is Ihe stflTjecl of lite Pelilloft is located adlaceftl to ¥otsv prnpr~l¥ ami i~ de~- 3. Thai lite pr!Lt~ert¥ which is lite stdticcl of ~t~clv Petitlonls hvcatedirt live folrw R~'~ ,~d'~ r,r : examine Ihe same duri~tg regular 7. fhal befure live relief ~oughl m,~¥ he gravvlevl, a pvthl;c heavhvp, m.~l he held (.t Ihr ,.alter Ivy hearing hi lite ' Long Islaml 'haveler-Mntfhuck Walchm31t, Itewspaper~ publhhed hi live fight to~,ld be ':card al such 'l:arl,,R. Post Office A(ld~es~ [Copy of sketch or plan showing proposal to be attached [or convenience purposes. ] E!t-.Qof OF ~I&.LI.NG AT'I'ACII CERTIFIED MAIl, 1. [~ Addmssed$ Address 2. [~ Ree~Cted DeliVe~J 1994 NOlaf¥ |"iii)lie ' Diane F. D~lyams Notary Public, State of New York NO. 01DE5034095 Qualified in Nassau County Commission Expires//_),lg ~¢1© (1his side does not have to be completed on farm traflsmltto, d tn adjoinin property ownecs,) - For Official Uae By Board Members a~d Staff TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificnte Of Occupnncy No.. 9154Z ..... Date ...... Augtmt .7~ ........... , 19.7.8. ] TI-IlS CERTIFIES that the building located at .1805..Inl~.t .DrJ,v.e ........ Map No ..... 095 ..... Block No.. 1 ........ Lot No..16 ,. p. art. ~f. lo.~ .59~..all..Q~. 66/anc~ REQUIREMENTS FOR ONE FAMILY DWELLING BUIL~i~OR conforms substantially to the CERTIFICATE OF ,OCCUPANCY dated ........ _~prL1.23 .... , 19.5.7. pursuant to which ]~]~HK~% .... 9154Z dated ........ ~%ugL~t. 7., .... , 19..7.8, was issued, and conforms to all o~ the requir~ ments of the applicable provisions of the law. The occupancy ~or which issued is ...... P=ivatt~ .On~. ~amil~. Dw. elling .................................. The cert~icate is issued to ......... .T.h..e.o..D.e..ly.a.n.i. ~ ............................... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .. ?..I~.r~.~T. ~.~ ................... UNDERWRITERS CERTIFICATE No ....... PRE.-EXIST. ING ........................ HOUSE NUMBER .... !~05 ..... Street...Inle~.Dri~e,.~tit~ck,.~ew.Y. urk. Building l-.~pector HOUSING CODE INSPECTION August 7, 1978 1805 Inlet Drive R-1 Mattituck, N. Y. Tax Roil: Theo Delyanis Occupied Upon receipt of an application for a Pre-Existing Certificate of Occupancy, I made an inspection of the building on this premises. I began this inspection at approximately 11:15 a.m. with Mr. Delyanis. The dwelling is a one story, wood framed structure with an attached garage. No other buildings are located on the property. The dwelling has a 5 high cement block foundation, no floor. Located in this crawl space is an oil fired hot water boiler. The dwelling consists of a kitchen, living room, enclosed porch which is used as a dining room, full bathroom, three average size bedrooms and one small bedroom. Baseboard heat is provided in all rooms. The electric panel is located in the garage. The outside of this dwelling is in very good condition. No violations of the Housing Code, Chapter 52 Code of the Town of Southold, N. Y. were found. Overall, I find this dwelling to be in good condition. Inspection completed at 11:45 A.M. Respectfully submitted, CURTIS HORTON Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-24756 Date DECEMBER 5, 1996 THIS CERTIFIES that the building ALTERATION Location of Property 250 SO~ND BEACH DR. House NO. Street County Tax Map No. 1000 Section 99 Block Subdivision Filed Map No. MATTITUOK, N.Y. Hamlet Lot 16 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated EAY 24, 1990 .pursuant to which Building Permit No. 19047-Z dated MAY 24, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATION TO EXISTING ONE FAMILY DWRF,r. ING A~ APPLIED FOR. The certificate is issued to CHRISTINE RIVEMA (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF BE~LTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A N/A N/A § 100-241 ZONING § 100-242 G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary not~vithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. (~ §100.242~.~oneonformlng buildings with conforming (A./~tothing in this Article shall be deemed to prevent the ~-~_~_/remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. B. Reconstruction of a damaged building. (1) A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to the height and yard requirements of the Bulk Schedule? (2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one (1) year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one (1) year 10143 //, i~y' w .¥6- I em famlll=r wllh fhe STANDARDS FOR APPROVAL ' DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ~a~ .. A~ CO~TRUCTION OF SUBSURFACE 5EEAGE ~nd will ~lde by lhe conditions sel forlh ~herel~ o~d on fha ~. GRADING PLAN SEPTIC SYSTEM ~ ~ ~ ' EX~TING S~TIC SYSTEM TO 8~ ¢ ,J SURVEY OF ' MAP OF "CAPTAIN KIDD ESTATES ' ~ ' , ~0~ e, FILENO. 1672, FILED JAN 19, 1949 ~ A T MA TTITUCK ~ ~ TO WN OF SOUTHOLD ", ¢~ ¢~ SUFFOLK COUNT~ N Y. ', ¢o,/ 1000 - 99 - 0 1- 16 %~ .,. ¢ 0 SCALE, 1" = 20' 6~ ',~ ¢~ ~ JAN 9, 1995 " ~ ~ Dec. 28, 1995 (TOPQGRAPHICAL INFO ) 0~ x. ~l ~ dune I1~ 1~98 (3EPTIC SYSTEM ~ ~ L 0 T ~ ~ d~n. I0, 1997 (Revisions] ' ~ J~n. 14, 1997 (~dditions) ~ ~, / ~ ~,o Feb. 19~ 1997 (revisions) , x , COT N~> ~%~ ~ .- PlO ,~, ~ ~ B/O r* ' .. ~e Iocoflons of ~e~s ond cesspoo~ sho~n hereon ere~from field observelion~ ~ ' L 0 T xN , . , ~ ~ - ., AREA PER DEED ~ 29,51~ sq. lt. ' _. ~ ? ' D~ED COURSES AND D/sTANCEs FROM J i DEED LIBOR 7908 CP. 294 O~ T~D 'x ~ e q~PT. I0, 197~ " ? x, ,~ Test ~oring. X, '~- ~ 0.5' L~ EXISTIN~ SEPTIC SYSTEM TO REMOVED ', ,' OR FILLED IN .~,.~ ~ 49~18 CONTOUR LINES & ELEVATIONS ARE REFERENCED TO N.~.v.o. AREA =39,996sq. ft. to tie line PECONIC (51~) ~'65 - COASTAL EROSION HAZARD LINE FROM P. O. BOX 909 COASTAL EROSION HAZARD AREA MAP MAIN ROAD PHOTO 59-533-83. SOUTHOLD, N.Y. 11971 94-381 (516i P. O, BOX 909 MAiN ROAD SOU THOLD, N. Y, I om fomlller with /he STANDARDS FOR APPROVAL __ II AND CONSTRUCT/ON OF SUBSURFACE 5EYlAGE II DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ~l ~, e/ ~.1 / ~,~h~ 9r~ el ~,~' and will eblde by the condlfion~ sel forth therein ~nd o~ /he permfi Io conslrucf. , I I J/~,~ , GRADING PLAN SEPTIC SYSTEM ~ EXISTING SEPTIC SYSTEM TO ~ INORREMOVED ~_~ ' t) (Db SUR VE Y OF ? J LOTS61,60&P/OLOT59 Ap OF "CAPTAIN KIDD ESTATES" ~ ' / ~ ""~X FILENO. 1672, FILED JAN 19, 1949 x ~O~ ~ AT MATT/TUCK , ~,~??j.~' TOWNOFSOUTHOLD ~,, ¢~)'o¢~ SUFFOLK COUNT~ 1000 - 99 - 0 1- 16 , ~ ~ Dec. 28, 1995 (TOPOGRAPHICAL ~FO ) ¢ ~ dun¢ I1~ 199~ (SEPTIC SYSTEM ~ ~ J=n. I0~ 1997 (Revisions; ,~ LO T "~ ~ Jan. 14~ 1997 (add/lions) ~ Feb. 19~ 1997 The Ioc~llons of wells ~nd cesspools // shown hereon ~re'from field obserwflons ' and or from dole obtained from albert. ' LOT , AREA PER DEED = 29,5!~ sq./t, DEED COURSES AND DISTANcEs FROM J ~'~ ~ ,, ~' Tes/ Boring,~ z.o EXISTING SEPTIC SYSTEM TO ~MGVEO ~ ~ I~' -7 0~ AREA =39,996sq. ft to tie line Y.S. LIC. NO. 49618 CONTOUR LINES & ELEVATIONS ARE REFERENCED TO N.G.V.D. P.C. COASTAL EROSION HAZARD AREA MAP PHOTO 59-533"83. 11971 94-381 WHOSE SIC.~NA TURE APPEARS HEREON. ADDITIONALLY TO COldLY WITH SAID LAW THE TE~ 'AL T~ MUST 8E US~ 8Y ANY A~ ALL S~V~Y~S UT~ A C~Y OF ~0 T~R S~VEYOR'E ~P. ~ E~ A8 '~T-T~DAT~' A~ ~T ~ C~E WITH T~ LAW, I om fmmlllor wllh I~e STANDARDS FOR APPROVAL AND CONSTRUCTION OF 8UBSURFACE ~EFAGE /~ II permit 1o coflslrucf. ~ ~ I I ]z'~,~ , %. GRADING PLAN SEPTIC SYSTEM P ~' INORREMOVED LOTS 61, 60 & PlO LOT 59 MAP OF ~ // "CAPTAIN KIDD ESTATES" ~ ' '~ )¢ ~: ,.~'/*'? FILENO. 1672, FILED JAN 19, 1949 ~~~~'~: , ~ A T MA TTITUCK " TO WN OF SOUTHOLD ~"~ ' '~ ~o,/ 1000 - 99 - 0 1- 16 '. ~ SCALE, 1" = 20' ~ ~ " ~ P ~ : ~ ~ Dec. 28, ,995 (TOPOGRAPHICA' INFO ) ',. JAN 9, 1995 ~ ' ~' ~ dune I1~ 1996 ISEPTIC SYSTEM ~.o Feb. f9~ 1997 (revisions) , LOT . -,, ~ DECK - 925 s N PlO. ~ ., / x, , ~d or from d~l~ oblolne8 from Differs. ~; /~', AREA PER DEED = 29,5f3 rq. lt. ~ "~' Tes/ ~oring LIC. NO. 49618 CONTOUR LINES & ELEVATIONS ARE REFERENCED TO N.G.V,D, P.c. · "' AREA =39,996sq. ft. to tie line (516) EROSION HAZARD LINE FROM ~ P.O. J COASTAL EROSION HAZARD AREA MAP MAIN ROAD- PHOTO 59-553~83. SOUTROLD, N.Y, 11971 i _ 94-381 I? 1o/ astellano sociates, Ltd ' RIVERA R'ESi,D,ENC ABBREVIATIONS ZONI IG )N ' NOTESI I.AL£ WORK SHALL BE PREFORMED BY A CONTRACTOR UCENSED TO DO WORK IN NEW YORK STATE AND THE LOCAL MUNJCIPAMTY, 2. AU. WORK SHALL BE PREFORMED AS PER LOCAL CODES, ANY DISCREPANCIES WITH THE CODE SHAM. BE NOTED PRIOR TO THE COMMENCEMENT OF THE WORK..ITWILL TH~=N BE INCLUDED INTO THE WORK. D!SCREPANCIEE FOUND AFI~R . COMMENCEMENT OF THE WORK SHALLBE THE SOLE RESPONSIBIUTY OF '~IE INDIVIDUAL CONTRACTOR AND ALL COSTS FOR REMEDY SHA~ BE ~~S - RESiStIBle. ~ 3.~ NO~ ~OM ~CH ~EET IN ~ls S~OF D~WINGs ~A,~ ~PLY ~ ALL 0~ SH~ IN ~E S~. .. 4 N CA~ 0F DISC~PANC ES ~R~ER SG~ D~AI~ S~ GO~ERI OASES LARGER SIZES, OUAl~l fi' I INAL~, ~ QUArrY SHAU. ,; aEP, E~y,, X O 3'-3" 1'-O" 2"xlO" PJ ~'TR{PLE 2'*XtO" FJ / E, ENEATH HALL ABO%'E III 8'-0" / DECK I / ENVELOPE .... J========, =~J===_,C=======J== .... ==== _1 2-~"xlO" !TIMBER FOR DE.(pk: GIRDER TEC~ DJ TO 2"xlO" CCA ILEDGE Pt~OMIDE B/8" DIA. MACHINE BOLTS · 32"[ D.C. d B fTYp.)FOR HOUSE GIRDER m-B B EXlSTINC~ FND BALL TO BE REVISED AS PER ARCHITECTURAL DRALUING PACKAGE EXISTING PILIE FOUNDATION TRIPILE FJ BENEATH ALL POSTS, COLUMNS ~ PAF~I~ALLEL COOI~DINATE WITH ARCHITECTURAL DRAWING PACKAGE PILtN:G TO BE DRIVEN INTO AUGER[ED OPENINGS, IF WITHIN IO'-O" OF EXISTING FOUNDATION. DE~IVCE PILING A MIN. OF THREE FOOT. WALLS 5'-¢," 4'-2" B "' I&" O.C, 2"xlO" PJ 2"×10" FJ BENEATH LUALL ABOVE 2"x8" ' DJ · I&" O.C. TECO DJ TO DECK POST,,5 &"x&" CCA POST SET ON P COHO. POOTIN~ 3~- ~lN. cov~ MATEEIAL .... ===========~====: B LOCATE PILING TO EXTERIOR ABOVE 2"xlO" PJ ' ~' F-" O.C. 2"xIO" Fd I~ENEATN COL. B · I(." O.C. B BUILDING ENVELOPE 't I OF, .:GIR,DEB DECK- ,MA, FEi 3~ :V.-' 14'=O" , LE¥. 1'3'-IO" zO,NE V8 T DECK--15 DRAWN BW SUPPORT COLUMNS DENOTES BRACE LOCATION IO" CIA. TIMBER fTYP.) TIMBER PILE NOTES GALVANIZED IN ACCORDANCE WITH ASTM AI~. ANT DAMAC~EC CLIP e ALL JOIST TO GIRDER CONNECTIONS {TYP ) TYPICAL FLOOR JOIST MIN. SLOPE x &" TIMBER ftYP ) tOP OF GIRDER -5/8" DIA. MACHINE BOLTS W/ FENCER BASHERS fTYP) CIA MACHINE BOLT tU/ FENDER BASHERS AND TIMBER SPACER (TYP.) ALL HARDWARE TO BE HDG T PI AL ROSS RA E PARALLEL TO GIRDER NO SCALE fTYP.) 6" x 6" x 12" TIMBER BLOCK. (TYP.) $/4" DIA. MACHINE BOLTS fTYP.) SLOPE BOLTS e ~; DEG. FROM HORIZONTAL SOLID BLOCKING ~"x& "x12" TIMBER BLOCK fTYP) IQ" TIMBER PILE OR ~"x¢"xl2" TIMBER BLOCK, 2- 5/8" DIA. MACHINE · / FENDER WASHERS 3- ~/4" DIA. MACHINE BOLTS B/ FENDER BASHERS ~ ~"x~" CCA POST ~~//~_ :.2- ~/8" DIA. MACHINE BOLTS W/ FENDER WASHERS GIRDER PLAN  -2- ~/8" DIA. MACHINE BOLTS W/ FENDER BASHERS f ' 4"x&" CCA POSt 5ET ON P. CONC. FOOTING 34" MIN. COVER SET ON UNDISTURBED GRANULAR MATERIAL ELEVATION DECK POST SCALE: ~/4" = I'-0" DETAILS IO" DIA tTyP.) W/ FENDER BASHERS. STAGGER SPLICE TYPICAL INTERMEDIATE CONNECTION- 3'~ -;'~"/ S- E/B" [}IA MACHINE BOLTS / / W/ FENDER WASHERS . / ~'::-':~5;~ _ ...................... -~?~,-~ ': GIRDER SEAT ON R PILE ~ MIN. SLOP~~ ~/8" DIA, MACHINE BOLT W/PENDER WA~HER5 {TYP.) TIMBER ALL HARDWARE TO BE HDC PI A A PEf~PENDICULAR TO GIRDER NO SCALE DRAWN : CHECKED: Bw DATE : JUNE 21, )~z. SCALE : AS NOTED JOB NO, : SHEET Of 2 SHEETS