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Home My WebLink About4379 Cam. 41--, ~ ~ o~OS~FFO(~-~o APPEALS BOARD MEMBERS oZ` Gyp Southold Town Hall Gerard P. Goehringer, Chairman V'„ T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4379 ACTION OF THE BOARD OF APPEALS DATE: June 26, 1996 APPLICANTS: LISA AND NIKOLA GALJANIC LOCATION OF PROPERTY: 1065 Bay Avenue, East Marion. COUNTY TAX MAP DISTRICT 1000, SECTION 31, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated April 4, 1996. RELIEF REQUESTED: Article IV, Section 100-244B, Proposed construction of a new dwelling, maintaining the existing dwelling's nonconforming front yard setback. MOTION MADE BY MEMBER. DINIZIO, SECONDED BY CHAIRMAN GOEHRINGER ACTION/RESOLUTION ADOPTED: APPROVED with the condition that fill not be placed, except as required by the Suffolk County Department of Health Services for the cesspool area for 20 ft. in diameter (maximum). * (Note: Applicant must return to the Building Department and any other agencies having jurisdiction under this project before commencing construction activities.) REASONS/FINDINGS: 1. The rear yard has depressions which are not planned to be filled" 2. Applicant assures the rear yard will remain natural and not filled. 3. The small dwelling building is presently established at a setback of 17 feet, although the proposed dwelling will extend beyond the established footprint within the required front yard setback areas (towards the sides). 4. As mentioned above, there are difficulties related directly to the topography of the land. 5. The difficulties are not personal to the landowner. 6. The variance is the minimum. 7. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area. 8. The charcter of the neighborhood will remain significantly unchanged. *except fill permitted for 20 ft. (diameter) sanitary system. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. r a, rd P. Goehringer. This resolution was a0~I~J'pA`I4D FILED BY I. ATE SOGTi:Oi.D TOWN CU 'EZ ERARD P. G 'HRINGER, CISAIRMAN DATA I;Oug pp proved for Filing o nyC1- 10 ;b1: o iJV: i.,a ®~®gi1fFOCk~o APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman W 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. SOB ~,a® Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS 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 before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 29, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4386 - CINDY AND MITCHELL RUGGLES. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an above-ground swimmingpool with entry decking and fence enclosure in an area other than the required rear yard at 1150 Nakomis Road, Southold, NY; County Tax Map Parcel No. 1000-78-3-15. The subject parcel contains a total lot area of 13,200+- sf. 7:35 p.m. Appl. #4379 - LISA AND NIKOLA GALJANIC. Application for a variance based upon the Building Inspector's April 4, 1996 Notice of Disapproval, ref. Zoning Code, Article XXIV, Section 100-244B as amended 11-28-95 to construct new dwelling, maintaining the existing dwelling's front yard setback location. Location of Property: 1065 Bay Avenue, East Marion, NY; County Tax Map Parcel No. 1000-31-9-1. This parcel consists of 17,590+- sf. 7:40 p.m. Appl. No. 4384 - VINCENT MANGO as Contract Vendee (Owner: . Page 2 - Legal Notice Regular Meeting of May 29, 1996 Southold Town Board of Appeals Edith Purpura). Application for a variance based upon the April 22, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article XXIII, Section 100-239.4 to replace accessory storage shed in a location less than 75 feet from the bulkhead. Location of Property: 8225 Nassau Point Road, Cutchogue, NY; County Parcel No. 1000-118-4-10; also referred to as Lot 64 and part of 65 on the "Amended Map A of Nassau Point" (1922). The subject premises contains a total lot area of 1.375+- acres in an R-40 Zone District. 7:45 p.m. Appl. #4385 - KEVIN & ASCENSION KYLE. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.3, to construct deck addition with a setback at less than the required 50 ft. rear yard setback, at 815 Park Avenue, Southold; County Parcel No. 1000-56-1-2.4, also referred to as Lot #14, Long Pond Estates Subdivision. This is a corner lot consisting of 40,017 sf. in an R-40 Zone. 7:50 p.m. Appl. No. 4383 - HELEN DITTUS. Application for a variance based upon the May 7, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code Article III, Section 100-33B(1), for approval of accessory shed in the southwest corner of the rear yard "as exists" at less than the required three ft. setback. Location of Property: 305 Masters Road, Laurel, NY; County Parcel No. 1000-126-9-22; also referred to as Lot #6 and part of 7, Map of Property of Dan J. Stack (County Map #815). Size of Property: .25+- of an acre. 7:55 p.m. Appl. No. 4381 - LARRY AND LINDA RAPPAPORT. Application for a, variance based upon the Building Inspector's April 30, 1996 Notice of Disapproval, ref. Zoning Code Article IIIA, Section 100-30A.3, for approval FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. -NOTICE OF DISAPPROVAL DATE: .4pri1,4,.,1996 ..Richard Saetta -a/c Nikola & Liza GalJ'onic To 4 Bootleg Alley Greenport,: NY. 11944 ........................PLEASE TAKE NOTICE that your application dated .M0.10........... 19.96... for permit to DEMOLISH.EKISTING.BUILDING,.CONSTRUCT A ONE.FAMILY.DWELLING . . . . at . Location of Property ,,,1065 BAY AVE................. EAST MARION,.N. House No. Street Hamlet. County Tax Map No. 1000 - Section ....3!..... BLOCK ..•9....... LOT .....1....... Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds .PBOPOSEA.GOUSTRUCTION.IS..... ON A NON-CONEORMINC3 TOWN RECOGNIZED LOT SCTM 1131-9-1 LOCATED IN THE R-40 ZONE AS INDICATED ON SURVEY BY OTTO VAN TUYL IN FEB. 1925-LOT AREA 17,589 Sq. Ft. UNDER ARTICLE XRIV SECTION 100-244B PROPOSED CONSTRUCTION WILL NOT MEET REQUIRED 35 ft. FRONT YARD SET BACK. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. BEFORE ANY BUILDING PERMITS WILL BE ISSUED, A TITLE SEARCH AS REQUIRED BY ARTICLE 11 SECTION 100-25 (4) SHOWING SINGLE & SEPARATE OWNERSHIP OF THE PROPERTY FROM 7/1/1983 BY A SUFFOLK COUNTY TITLE INSURANCE CO. INDEMNIFYING THE TOWN OF SOUTHOLD WITH (25,000) TWENTY-FIVE THOUSAND DOLLARS OF INSURANCE. ACTION REQUIRED FROM N.Y.STATE DEC & BOARD OF TOWN TRUSTEES. APPROVAL FROM SUFFOLK COUNTY HEALTH DEPT. TO CONSTRUCT SANITARY WASTE & WATER SYSTEMS ALSO REQUIRED. , Si2.B' NG INSPECTOR Thomas J. Fisher RV 1/80 BO OF HEALTH 3 SETS OF PLANS •FORM NO. 1 " " " " SURVEY.......... TOWN OFSOUTHOLD CHECK BUILDING DEPARTMENT SEPTIC FORM TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY TEL.: 765-1802 CALL //JJ Examined . ~r........., 10K . MAIL TO: Approved 19 Permit No............ Disapproved S~ a/c ..0............. l ° M c ` 181996 t BID DL-PT TOWN OF SOtlTHOLO (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .HARCH.18.......... 1996. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. RICHARD SAETTA GENERAL CONTRACTOR INC (Signature of applicant, or name, if a corporation) 4 BOO'T'LEG ALLEY GRERNPORT NEW YORK 11944 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. GENERAL CONTRACTOR Name of owner of premises . , LISA. + NIKOLA GALJANIC (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. PESIDENT . . (Name and title o corporate officer) ALL CONTRACTOR'S 1i08T6 gg SUFFOLK COUNTY LICENSED Builder's License No. • . . Plumber's License No. 1593P Electrician's License No. 3635E Other Trade's License No. . 1. Location of land on which proposed work will b done. BAYNNC~ - EAST MARION lObS . 1065 BAYMONM%SW EAST MARION House Number Street Hamlet County Tax Map No. 1000 Section ......31..... , Block ..09. • , • . Subdivision . Filed Map No. Lot . (Name) . 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .....BESIDENTIAL b. Intended use and occupancy .....MIDENTAYL ` (;ueoildde3o aznleuOiS) C a°~ie s w"V MM Alunoo / 3ilgnd Aze, 61 ............9) II)7 JO ,Cu 1 7 . 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PPV ' } N • • • .7 -ON auogd • • ' ' ssojppV 'WTO)TW sosiuzazd jo zoumo 3o auzeN 'bI ON ~ sad :sasiuiazd uioz3 panouiaz aq I[g ssa3xa IITM ®N - papslfas aq 3bI F[?M -£I . • • • • • • • • • • . • • • • • . • • ~A• - :uot}elnaaz So 0311euip30 `me[ S¢tuoZ Aue aln[olA uoi}3ni1suo3 pasodozd soo(I z l . pa}en}js aze sosiuiatd gotgm ui loulsip asn zo auoZ ' [I °TVI.LNRUISH zaumo zauuOA 3o auleN ose143znd;o 01-80 .01 6Zi g7daQ .................4. zuag 57T ;uozg :lo[ 3o azi .S '6 . . . . . • sauolS jo zaquinN lg219jI g;doa ' ' ' ' ' ' ' ' snag ..........VIZ luoz3 :uo1}3rulsuo3 mau alilua 3o suo?suauita •g sauo;S3ozagwnN............... ItPOH glda(j, zeag luoz3 :suouippe zo suogezolle g7?m asn43ru4s ouies 3o.suoisuoui[Q I.souolS3ozaqumN........ lq.?aH • • • • • • • • . • zu . ' luoi Aue' I soin otuis SITT $Ixa O SUOISUPUNCI -L • • • • . • ° • • . • asn;o odAl goea jo lualxa pue azn}eu A313ads `Aaundnooo poxtui io le?3zauimo3 `ssaulsnq 3I ...........................VN.. szno;ozagmnu`oSezeo3I ..........~t..... zooU qow uo shun suillomp }o zaquinN gRO..... shun Sutllomp to Saquinu °suillamP 3j "5 (nor}e3ildde stq} cuilg uo pied oq bl) I................. ..Ogg ........................00......°000 :09i .-7soO poluiu?ls3 'b (uot;diz3saQ) VOM zaglo uoi;?[ouiacl Ienouiag z?ndag uoileza;lV uoA?pP X... nul.PlIng maN :(alqu3i[dde go?qm )100110) yzomTo aznleN Vie,/94, a r-+ L"-~ RECEIVED s` ; tr b ~fQ© Mle-1-?-de AM 2 2 1996 yr`~~~ Town Clerk Southold TOWN OF SOUTHOLD, NEW YORK L FROM DECISION OF BUILDING INSPECTOR APPEAL NOS,, `DATE APRIL.'10 1996. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) RICHARD SAEITA / GAWONI ...of ...A.B00'1 A'LLLY . Name of Appellant Street and Number ..GREENPORT ...AW..YOK......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APRLICAT(ON FOR PERMIT NO . DATED 18 1996 WHEREBY THE BUILDING INSPECTOR DENIED TO RICHARD SAETTA a/c NIKOLA & LIZA -.G&LJONIC Name of Applicant for permit of 4 BOOTLEG ALLEY GREIMORT NEW YORK Street and Number Municipality State _ ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) DEMOLISH EXISTING BUILDING, CONSTRUCT A ONE FAMILY DWELLING 1. LOCATION OF THE PROPERTY 1065 BAY AVE EAST MARION R-4Q„0 Street /Hamlet / Use District on Zoning Map District 1000 Section 31 Blockg Lot L -Current Owner NIKOLA & LIZA GALJONIC Mop No. Lot No. Prior Owner 1 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIV Section 100-244B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( 1 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) VARIANCE TO THE FRONT YARD SET BACK 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) VARIANCE TO THE FRONT YARD SET BACK is requested for the reason that TO KEEP THE SET BACK OF THE EXISTING HOUSE TO KEEP THE FIRST FLOOR LEVEL AT OR ABOVE THE ROAD ELEVATION TO INSURE THAT 50% OF THE FOUNDATION IS BELOW GRADE TO MEET, THE BACK YARD OFF SET TO PREVENT EXCESSIVE FILL ON LOT TO KEEP HOUSE OUT OF NATURAL WATE1( RUN OFF AREA I•brm zat onhnue on other siel6), REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP because THOUSANDS OF YARDS OF FILL WOULDSBE NEEDED. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because BECAUSE OF THE DRASTIC SLOP OF THE PROPERTY 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because THE NATURAL TERRAIN OF THE PROPERTY WOULD REMAIN UNCHANGED STATE OF NEW YORK ) ss COUNTY OF ignature . 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I r C x y- 4 v; CL ;D {a} Ira N ~ O 1 { z M . ? 1 A o o ? ~ Ln z c~ m Cl 1 m Z m Imi ? m n I 1 m n z O 3 r m { I 3 3l ( I ( E m E7i 1 ol(12 owl I f t I ~ { I 1 ~ ( ~ f f o~~gUFFO(~-CO ~~p APPEALS BOARD MEMBERS ~h~ Gym p Southold Town Hall o Gerard P. Goehringer, Chairman V',_ n=y 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 1, 1996 Mr. Richard Saetta _ 4 Bootleg Alley Greenport, NY 11944 Re: Appl. No. 4379 - Galjanic (Setback Variance) Dear Mr. Saetta: Please find enclosed a copy of the Findings of Fact and Determination rendered by the Board of Appeals at our June 26, 1996 Regular Meeting. At this point in time you may return to the Building Department (or other jurisdictions) to pursue the pending applications for other permits. (No construction activities are permitted until all permits have been issued.) Very truly yours, Linda Kowalski Enclosure - copy of variance decision A Copy of Decision has also been distributed to: Building Department APPEALS BOARD MEMBERS h~` Gym c Southold Town Hall Gerard P. Goehringer, Chairman T 53095 Main Road Serge Doyen, Jr. °y P.O. Box 1179 James Dinizio, Jr. Southold, Fax (516) 7Yor 823971 Robert A. Villa Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4379 ACTION OF THE BOARD OF APPEALS DATE: June 26, 1996 APPLICANTS: LISA AND NIKOLA GALJANIC LOCATION OF PROPERTY: 1065 Bay Avenue, East Marion. COUNTY TAX MAP DISTRICT 1000, SECTION 31, BLOCK 9, LOT 1. _ BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated April 4, 1996. RELIEF REQUESTED: Article IV, Section 100-244B, Proposed construction of a new dwelling, maintaining the existing dwelling's nonconforming front yard setback. MOTION MADE BY MEMBER DINIZIO, SECONDED BY CHAIRMAN GOEHRINGER ACTION/ RESOLUTION ADOPTED: APPROVED with the condition that fill not be placed, except as required by the Suffolk County Department of Health Services for the cesspool area for 20 ft. in diameter (maximum). * (Note: Applicant must return to the Building Department and any other agencies having jurisdiction under this project before commencing construction activities.) REASONS/ FINDINGS: 1. The rear yard has depressions which are not planned to be filled! 2. Applicant assures the rear yard will remain natural and not filled. 3. The small dwelling building is presently established at a setback of 17 feet, although the proposed dwelling will extend beyond the established footprint within the required front yard setback areas (towards the sides). 4. As mentioned above, there are difficulties related directly to the topography of the land. 5. The difficulties are not personal to the landowner. 6. The variance is the minimum. 7. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area. 8. The charcter of the neighborhood will remain significantly unchanged. *except fill permitted for 20 ft. (diameter) sanitary system. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. ZBA:lk GERARD P. GHRINGER, AIRMAN Approved for Filing Jack Schimatz Box 194 East Marion, New York 11939 @L®R; May 31, 1996 JIIV 2 6 s Board of Appeals of the Town of Southold ---._i Southold, New York Re: Proposed New Construction at 1065 Bay Avenue, East Marion, New York This letter is to inform you that we are not opposed to the proposed structure and front yard set back at 1065 Bay Avenue as recommended by Richard Saetta of Richard Saetta General Contracting, Inc. Greenport, New York. Thank you for your attention in this matter. 'ncerely, ack Schimatz T oseph and Joanna E. Chernushka V I (1 130 Devonshire Drive j JUN I 11996 New Hyde Park, New York 11050 i May 31, 1996 Board of Appeals of the Town of Southold Southold, New York Re: Proposed New Construction at 1065 Bay Avenue, East Marion, New York This letter is to inform you that we are not opposed to the proposed structure and front yard set back at 1065 Bay Avenue as recommended by Richard Saetta of Richard Saetta General Contracting, Inc. Greenport, New York. Thank you for your attention in this matter. Sincerely, Joseph ~Chemushka oanna E. Shemushka D Juan and Judith Maldonado JUN 1 1 176 Prospect Park West 19% Brooklyn, New York 11215 May 31, 1996 Lt CI/ Board of Appeals of the Town of Southold Southold, New York Re: Proposed New Construction at 1065 Bay Avenue, East M ion, New York This letter is to inform you that we are not opposed to the proposed structure and front yard set back at 1065 Bay Avenue as recommended by Richard Saetta of Richard Saetta General Contracting, Inc. Greenport, New York. Thank you for your attention in this matter. Sincerely, Juan Maldonado Judith Maldonado ~ Linwood A. and Sarah Rackett JUN I 11996 ~I' P.O. Box 65 J I 1050 Bay Avenue East Marion, New York 11939 May 31, 1996 Board of Appeals of the Town of Southold Southold, New York Re: Proposed New Construction at 1065 Bay Avenue, East arion, New York This letter is to inform you that we are not opposed to the proposed structure and front yard set back at 1065 Bay Avenue as recommended by Richard Saetta of Richard Saetta General Contracting, Inc. Greenport, New York. Thank you for your attention in this matter. Sincerely, Linwood Rackett Sarah Rackett Victor Novak r 1170 Bay Avenue JUN I 11996 East Marion, New York 11939 May 31, 1996 Board of Appeals of the Town of Southold Southold, New York ~+K c ~ Re: Proposed New Construction at 1065 Bay Avenue, East Marion, New York This letter is to inform you that we are not opposed to the proposed structure and front yard set back at 1065 Bay Avenue as recommended by Richard Saetta of Richard Saetta General Contracting, Inc. Greenport, New York. Thank you for your attention in this matter. Sincerely, 6 "r 'y, ?2~ Victor Novak o~~SUff01KCOG APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Fax (516) 765-1823 Robert A. Villa Lydia A.Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. #4379 ACTION OF THE BOARD OF APPEALS DATE: June 26, 1996 APPLICANTS: LISA AND NIKOLA GALJANIC LOCATION OF PROPERTY: 1065 Bay Avenue, East Marion. COUNTY TAX MAP DISTRICT 1000, SECTION 31, BLOCK 9, LOT 1. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated April 4, 1996. RELIEF REQUESTED: Article IV, Section 100-244B, Proposed construction of a new dwelling, maintaining the existing dwelling's nonconforming front yard setback. MOTION MADE BY MEMBER DINIZIO, SECONDED BY CHAIRMAN GOEHRINGER ACTION/ RESOLUTION ADOPTED: APPROVED with the condition that fill not be placed except as required by the Suffolk County Department of Health Services for the cesspool area for 20 ft. in diameter (maximum). (Note: Applicant must return to the Building Department and any other agencies having jurisdiction under this project before commencing construction activities. ) REASONS /FINDINGS: 1. The rear yard has depressions which are not planned to be filled* 2. Applicant assures the rear yard will remain natural and not filled. 3. The small dwelling building is presently established at a setback of 17 feet, although the proposed dwelling will extend beyond the established footprint within the required front yard setback areas (towards the sides). 4. As mentioned above, there are difficulties related directly to the topography of the land. 5. The difficulties are not personal to the landowner. 6. The variance is the minimum. 7. No adverse physical or environmental effects will be produced on adjacent properties, or the immediate area. 8. The charcter of the neighborhood will remain significantly unchanged. *except fill permitted for 20 ft. (diameter) sanitary system. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted. ZBA:lk RECEIVED AND FTL 1' 1 D P. G HRINGER, AIRMAN THE . GliT: Gf.D ,W`W d 044id5ve for Filing DATE, 7///~~ 1£-UR APPEALS BOARD MEMBERS q y y p o Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa a? Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prepared 6/12/96 AGENDA Updated 6/14/96 REGULAR MEETING AND HEARINGS WEDNESDAY, JUNE 26, 1996 1. ENVIRONMENTAL DECLARATIONS: Type II Actions are those hearings tonight which are directly related to residential use, accessory uses, accessory structures, setbacks, lot coverage, and similar regulations pertaining to buildings, structures, and use of residential properties. H. PUBLIC HEARINGS: 1. 7:30 p.m. Appl. No. 4373A - RONALD J. MAYER. Applicant-owner is requesting a Variance for alternative relief, under Article IIIA, Section 100-30A.2, and/or Section 100-30C, for occupancy of second building in conjunction with use and ownership of main dwelling, as a single parcel. Location of Property: 7735 Main Road, East Marion, NY; County Tax Map Parcel 1000-31-2-26, a corner lot containing a total land area of 25,210 square feet. 2. 7:35 p.m. Appl. #4389 - TIMOTHY GRAY and JIMBO REALTY- The owners are requesting a Special Exception as provided under Article X, Section 100-101B of the Zoning Code, for use of a portion of the property as a dwelling unit for occupancy by an on-site manager. Location of Property: 43560 and 44360 County Road 48, Southold, NY; Lots #8 & 9 as shown on the Minor Subdivision Map for Pudge Corp. approved by the Planning Board on or about 7/19/82. Property Tax Map Designation: 1000-59-4-8 and 9 (two separate lots to be combined as one for this building and site plan project). Zone: B General Business. Total Size of Combined Lots: 2.8+- acres. 3. 7:35 p.m. Appl. No. 4389 - TIMOTHY GRAY and JIMBO REALTY. As authorized under New York Town Law, Section 274-B-3, the owners are applying for Variances from Article X, Section 100-103, subsections A & C, of the Zoning Code, for: (a) excessive length of two proposed buildings and (b) reduced front yard setback of two proposed buildings. Location of Property: 43560 and 44360 County Road 48, Southold, NY; Lots #8 & 9 as shown on the Minor Subdivision Map for Pudge Corp. Property Tax Map Designation: 1000-59-4-8 and 9. a , Page 2 - Agenda Regular Meeting of June 26, 1996 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: 4. 7:40 p.m. Appl. No. 3627 (as Amended). LILLIAN VISHNO. This is an application for a Waiver under Section 100-26 of the Zoning Code, based upon a disapproval issued under Section 100-25A, for lots dated 2/15/96 for a building permit to construct a single-family dwelling on the grounds that this is one lot (and only one dwelling is permitted per lot). Property referred to as Lot G on the "Map of Lots of Raymond T. Graham" shown on survey dated March 27, 1957, and containing 20,000 sq. ft. in area is shown to be in common ownership with Lot B, also containing 20,000 square feet. Also referred to as part of Lot Nos. 56-59 on the "Map of Nassau Farms, County File #1179. County Tax Map Parcel ID No. 1000-48-1-47, 46, 45, 44.1 (now 47.1). Zone District: R-40 Residential. 5. 7:45 p.m. Appl. No. 4393 - LAURIE E. GRAEB. This is an application for Special Exception Use of an established Accessory Apartment, as provided by Article III, Section 100-31B(14) of the Zoning Code, in conjunction with owner's residence at 16645 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-2-4. Zone: A-C Agricultural and Residential. 6. 7:50 p.m. Appl. No. 4388 - EDWIN C. KINSCHERF. This is an application for a Variance from Article XXIV, Section 100-244 based upon the Building Inspector's Notice of Disapproval issued May 3, 1996, for proposed addition at rear of existing dwelling with reduced rear yard setback at less than the 35 ft. requirement. Location of Property: 395 Inlet Lane, Greenport, NY; County Tax Map Parcel No. 1000-43-4-35. 7. 7:55 p.m. Appl. No. 4387 - DONNA I. WEXLER. This is an application for a Variance from the Bulk Setback Schedule, Column "i," based upon the Building Inspector's Notice of Disapproval issued April 24, 1996, for proposed addition at rear of existing dwelling with reduced front yard setback at less than the 60 ft. requirement. Location of Property: Inlet Lane, Greenport, NY; County Tax Map Parcel No. 1000-43-4-35. Size/Zone: 1.8 acre lot in an R-80 Residential Zone. 8. 7:58 p.m. Appl. No. 4376 - SCOTT RUSSELL. (Reconvened). Request for Waiver under Section 100-26 of undersized lot. 1000-136-1-19. 9. 8:00 p.m. Appl. No. 4394 - WILLIAM and ELEANOR FORTE. Applicants-owners are requesting a Variance based upon the May 29, 1996 Building Inspector's Notice of Disapproval, under Article XXIV, Section 100-244B for permission to build portion of a new principal building (garage portion) with a reduced front yard setback. Location of Property: 1155 Harbor Lane, Cutchogue, NY; County Tax Map Parcel #1000-97-6-12.3; also referred to as Lot 3 on the Map of Minor Subdivision for Peter and Elloys Sterling." 10. 8:05 p.m. Appl. 44379 - LISA AND NIKOLA GALJANIC. (Continuation.) Front yard setback for new dwelling. 1065 Bay Avenue, East Marion. Page 3 - Agenda Regular Meeting of June 26, 1996 Southold Town Board of Appeals II. PUBLIC HEARINGS, continued: il. 8:10 p.m. Appl. No. 4391 - JOHN and PATRICIA McCARVILL. This is an application for Variances, based upon the Building Inspector's Notice of Disapproval issued 5/30/96 in an application proposal to "subdivide existing lot", and disapproving the project under Article IIIA, Section 100-30A.3 and Section 100-30A.2, for: (a) insufficient lot area of proposed Lot #3, and (b) insufficient yard setback(s) of existing principal barn building. Property Location: 150 Waterview Drive, Southold, NY; County Tax Map Parcel No. 1000-78-7-32.7. Zone: R-40 Residential. Flood Zone: (Proposed Lot #3 - B Zone area). 12. 8:15 p.m. Appl. No. 4392 - ALEX S. KOZLOWSKY, TRUSTEE. This is an application for a Variance from Article III, based upon the Building Inspector's May 21, 1996 Notice of Disapproval for permission to locate accessory tennis court with a setback at less than 20 ft. from all property lines (Section 100-33134), and with fencing over 4 ft. high in a front yard area (Section 100-231). Location of Property: 6300 Indian Neck Lane, Peconic, NY; Parcel No. 1000-86-7-2.1. Zone: R-80 Residential. 13. 8:25 p.m. Appl. No. 4390. This is an application filed by RICHARD S. CORWIN, JR. as an adjoining property owner, appealing the action of the Building Inspector in issuing Building Permit #23346Z on April 5, 1996. Applicant is requesting that ZBA action be taken to: 1) annul, reverse and set aside Building Permit #23346Z issued concerning property owned by Arthur H. Axberg, Jr.; 2) to determine that the subject retaining wall cannot be constructed or maintained without a "floodplain development permit" for the retaining wall. Location of subject property: 3705 Camp Mineola Road, Mattituck, NY; County Tax Map Parcel No. 1000-123-5-34. Size of Parcel: 12,500 sf. total area. III. Other Resolutions or Updates: A. No session(s) scheduled as of today for either Committee on Planning & Zoning Matters, or Committee on Code Reviews. B. Resolution authorizing advertisement of new applications filed by 6/27 which are deemed complete by Chairman and Board Secretary for the Wednesday, July 24, 1996 hearings calendar and Regular Meeting. IV. DELIBERATIONS/ACTIONS (applications listed above). BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of LISA AND NIKOLA GALJANIC ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, , residing at New York, being duly sworn, depose and say: That on the l1' day of May, 1996, I personally posted property known as "1065 Bay Avenue, East Marion, NY" by placing the Town's official poster sign ten (10) feet, or closer, from the front street right-of-way, where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date of hearing noted thereon to be held May 29, 1996.) Dated: May a3 , 1996. (signature) Sworn to before me this day of May, 1996. NANCY Co PUBLIC, of WW Yor4 41112475 cuNmW M &Wdk Canty •//1 a_,o Cenu"M EXPM+ Jan. 30, 19 / ry blic o~~gpFFO(~-cOG APPEALS BOARD MEMBERS oy' yt Southold Town Hall Gerard P. Goehringer, Chairman ~ T 53095 Main Road Serge Doyen, Jr. r-V P.O. Box 1179 James Dinizio, Jr. 'Ol ~ Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 Mr. Richard Saetta 4 Bootleg Alley Greenport, NY 11944 Re: Appl. No. 4379 - Front Yard Variance (Galjanic) Dear Mr. Saetta: Please find enclosed a copy of the Legal Notice regarding the above application which will be published by our office in this Thursday's issue of the Long Island Traveler. You will note that the hearing will be on Wednesday, May 29, 1996 at 7:35 p.m. in the Southold Town Hall (large assembly room). A Notice sign is also enclosed for display0 as soon as possible. The sign may be placed on a post, tree, or fence within 10 feet of the street right-of-way, and shall remain displayed for at least seven days. After the seven day period ends, please sign the enclosed affidavit of posting before a notary public, and return it to us either by mail or delivery. Very truly yours, Linda Kowalski Enclosures IV 909T Altb c+back ~ n NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. . OWNERS OF RECORD: holkelA G;tqL:TAPJ ic DATE OF PUBLIC HEARING: 71,35 (A) EN A Y 4Z q me* 1 0 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 • Y tQ = 1~ I~ ~ L l.. ~ N l~r. O~Og~FfO[~-c APPEALS BOARD MEMBERS hy` GGy~ C= < Southold Town Hall Gerard P. Goehringer, Chairman C T 53095 Main Road Serge Doyen, Jr. t5 P.O. Box 1179 James Dinizio, Jr. '~Ol ~a0 Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 22, 1996 Mr. Richard Saetta 4 Bootleg Alley Greenport, NY 11944 Re: Appl. No. 4379 - Front Yard Variance (Galjanis) Dear Mr. Saetta: Please find enclosed your filing receipt regarding the above application. The hearing will be advertised in May for the May 1, 1996 public hearing, and a copy of the Legal Notice which is published by our office in the Long Island Traveler newspaper will be forwarded separately to you together with a Poster for display at the site. In the interim, you should file applications with the Town Trustees and N.Y.S. Department of Environmental Conservation for waivers or other action which may be necessary as noted in the Building Inspector's Notice of Disapproval Please feel free to call us if you have any questions regarding the variance process. Very truly yours, Linda Kowalski Enclosure I _ B( }1 OF APPEAL a referred Lot 64 and part • ~K TOWN OF SOUTHOfrD, of 65 on the "Amended Map A t?q:ttlr(srt 1 of Nassau -Poini"(1922). The COUNTY OF SUFFOLK NOTICE OFHF.ARiNGS, subject' premises contains a STATE OF NEW YORK ss: NOTICE IS HEREBY, total lot area of;l 375+ acres in an 11,40 Zomd Disttict Joey Mac Lellan, being duly sworn, says that GIVEN, pursuaht,1b Se$tioo~l 7,:45 If m?°'Appl r #4385- ylty 8 ASGFNSIt)t4 " , of the TRAVELER-WATCHMAN, ,261,4the~Towti.taw whe I he is the Editor ,Code'6 th87oWr Rgbdtfiold,d ,A00110tidd ford Vert a public newspaper printed at Southold, in Suf- thefollowingappbcationswill once based upon the May 6, folk County; and that the notice of which the be held for public hearings` 6e- , 1996 Notice of.Disapproval fore the SOUTHOLD TOWN" from "the Building Inspector, annexed is a printed copy, has been published BOARD OF APPEALS; at the ref. Zoning Code, Article IIIA, in said Traveler-Watchman once each week for Southold Town •Hall, 53095 Section: 100-30A.3, to con- •.................••••••..................••••...weeks Main Road, Southold, New stmcfdeck addition with aset- York 11971, on WEDNES- ;;back at less than the required DAY, MAY 29, 1996, com- 50 ft. rear yard setback, at 815 successively, commencing on the mencing imesspecified,. "Park Avenue, Southold; 9L below: pt the t CountyParcel No. 1000-56-1 clay of .....................................,19....... 7:30 m. Appl. #4386 - 2.4, also referred to as Lot # 14, CINDY AND MITCHELL Long Pond Estates Subdivi- kQ ES. ItcatiorLfo P! R 11 C_, A' PP 4~ ~(~iotin•I'hts tsas;lof, consisting ofvn a variance based upon the May r `40;017 sf til an R-40 zone.',{ cZ 6, f996Notice ofDisapproval r 7:50 p.m. Appil #4383- / from the Building Anspector,f, HELEN DITTUS. Applica- Swot n to before me this....... day of ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an the for May a ,1996 Notice of upon 1 y above-ground swimming pool' the froni t N ing I -approval n- with entry decking and fence spectoff: ,.ref. Zoning ing Code ode In- with in an area other than . Pecto ( the required rear yard at 1150 = ticle III, Section 100-33B(1), ,,,9 for approval of accessory , shed Notary Public Nakomis Road; Southold, NY; y County Tax Map Parcel No. in the southwest comer of the 1000-78-3-I5.The subject par- rear yard "as exists" at less than BARBARA A.SCHNEIDER cel contains a total lot area of the required three ft. setback. • N01 0Y PDI;LIC, State of New York 13 - tJe.4C0 346 ,200+- St. LocationotProperty:305Mas- I ier3Road, Laurel, NY;County - Qual!felinSuffolk Cougly 70+ p.m. Appl. #4379 96 ParcelNo, 100-126-9-22; also Commission Expires 8/$1/ LISA AND NIKOLA refitted to as Lot #6 and part ' CA, LJ- AN_IC. Application for of 7, Map of Property of Dan a variance based Upd'n;'the"' J. Stack (County Map #815 Building Inspectoris April 4,f Size of Property:.25+- of an 1996 Notice of+bisapprovei , The Boar of Appeals will ref. Zohmg Code; AFt1LC,:, acre. 55 p.m: AppL No.438i at said time and place hear any XXIV Section 1106-244B as'i LARRY AND LINDA approval constructnew Prinand all PersonsorrePresenta- amended 11-28-95 to construct , RAPPAPORT tives desirin to be heard in the new dwelling, maintaining the; . Application cipa i l biuildgi0n f et at a width Cvhi l re of j !+6boveca p ~ationn; Written;; existing dwelling's front y%rd , for is a vari8ncb.hflgl511p5 „ y comments ma also be.submit Building Inspectors April 30, + cid~iyoidCodeArticle' y setback location.' Locatwn o I~ : 1996 TJo`tice of Disapproval X, Section 100=103C of;the ted prior, to the conclusion of Property: 1065;Bay Avenue,:; ref. Zoning Code, Article IIIA, Zoning the subject hearing. The above Code. Propused. Res- East Marion, N1 County Tax ` 100-30A.3 for a- hearings will not start before P taurant (Principal Use) in this the times designated, and are Map Parcel No..1000-31-9-1: Section proval of porch addition "as B-Genet nfPrty: This parcel consists of built" builtWitMasetbackat less than trict: Location o of Property: in addition to other hearings. It 17,590+-s£ the re uired,15 ft. minimum 32240 Main Road is recommended that the file(s) 7:40 p.m: Appl. #4384-' r 9 , Cutchogue; . be reviewed before the sched- VINCENT `MANAGO"as side.yard in this R-40 Zone County Parcel No. 1000-103- District. Location of Property: 1-19.3 (includes former #103- tiled date of the hearing for up- Contract Vendee. (Owner. :I dates or new information. If Lot #14, 13, and part of 12 as., 1-1$ consisting of one-half. y hive questions, please also Edith Purpura). Application for I shown on the,'Map of Point acre, and entire,26.2 acres¢s a - do of hesitate to call 765- a variance based upon the April , 22, 1996 Notice of Disapproval pleasant containing 2.00+ part of a 55.2,acre parcel of 18W from the Building Ins ectot, acres; 1605 Pt. Pleasant Road, record 16 1985)., Dated: May 13, 1996. ratlktlittg' fide("~lprtiela Mattituck, NY, County Parcel 8:10 p.m. Application of gy,ORDER OF THE 3¢j{{1111 Sao{No 1060-114A-5.1. SCOTT RUSSELL: Recon• SOUTkOLC1TOWN replace accessory storage'nhed 8:02 p.m: Appl. No. 4382- vened hearing (carryover from BOARD OF APPEALS eet IS I11 AND ALE INC. and F. in a location May 1, 1996). GERARD P. less than 75 feet' from lthe ocation k ess than Location' 75 f et CICHANOWICZ 3RD. Ap- 8:15 p.m. Applicatidn of GOEHRINGER, Chairman Property: lhe Nassau Point' plication for a variance based > alE EnDU aUI er from By Linda Kowalski 8225 Road, Cutchogue,NY;County upon the Building Inspector's g( rryov 1X-5/16/96(106) Parcel No. 1000-118-4-10; also j March 25, 1996 Notice of Dis- May I st). • ~OgOFF01 APPEALS BOARD MEMBERS o Southold Town Hall Gerard P. Goehringer, Chairman 0 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 S. E. Q.R.A. TYPE IT ACTION DECLARATION Appeal No. 4379 Project/Applicants: Lisa and Nikola Galjanic County Tax Map No. 1000- 31-9-1 Location of Project: 1065 Bay Avenue, East Marion, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct new dwelling, maintaining the existing dwelling's front yard setback location 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. An Environmental Assessment (Shortl Farm has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 19901.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. OG JUDITH T. TERRY ByN Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER 1 l[ FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: April 22, 1996 RE: Zoning Appeal No. 4379 - Nikola E Liza Galjonic Transmitted herewith is Zoning Appeal No. 4379 - NIKOLA and LIZA GALJONIC by Richard Saetta for a variance. Also included is: Notice of Disapproval from the Building Department, dated April 4, 1996, with receipt and copy of application attached; Notice to Adjacent Property Owners; letter of authorization for Richard Saetta; Short Environmental Assessment Form; ZBA Questionnaire; survey; and plans. L o k + u_YtiQAI P?'?~IV~D RECEIVED h r> ,xan V)14 2 496 APR 2 2 1996 *foo, wn reir~tl( ~itillllold ll: ,'N s 16c_. Town Clerk Southold TOWN OF SOUTIIOLD, NEW YORK 3 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE . APRIL..10..1996„ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTIiOLD, N. Y. I, (We) RICHARD SAETTA / q ...A. 0.LEY Name of Appellant Street and Number GREENPORT ,.t`I~1, ...T.QR&.........HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APRLICATION FOR PERMIT NO . DATED MARCH 18 1996 WHEREBY THE BUILDING INSPECTOR DENIED TO RICHARD SAETTA a/c.NIKOLA_.&. LIZA,~g1;7QJiIC . Name .of Applicant for permit of 4 BOOTLEG, ALLEY GREENPORT NEW.. XoRR Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( X) DEMOLISH EXISTING BUILDING, CONSTRUCT A ONE FAMILY DWELLING 1. LOCATION OF THE PROPERTY 1065 BAY AVE EAST MARION '4P...7,RNE Street /Ilamlet / Use District on Zoning Map District 1000 Section 31 Blockg Lot 1 .Current Owner NIKOLA & LIZA GALJONIC Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIV Section 100-244B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 ( ) VARIANCE TO THE FRONT YARD SET BACK 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance . and was mode in Appeal No .................................Doted REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) VARIANCE TO THE FRONT YARD SET BACK Is requested for the reason that TO KEEP THE SET BACK OF THE EXISTING HOUSE TO KEEP THE FIRST FLOOR LEVEL AT OR ABOVE THE ROAD ELEVATION TO INSURE THAT 50% OF THE FOUNDATION IS BELOW GRADE TO MEET THE BACK YARD OFF SET TO PREVENT EXCESSIVE FILL ON LOT FTOr ZVP HOUSE OUT OF NATURAL J 'gl?nRUN on oi OFFherRsi e) •c~ i TOWN of SO*HOLD OFFICE OF BUILDIN NSPECTOR Town Hall Receipt NO.5102 8 Southold, New York 11971 Date ............~2n Received of .....,K,,-Cw~~ Ql1TM~ CKiI.:,,a.. /100 ..................................................Dollars For i4..c~ X..::....~'r~. Fee for Fee for Fee for Fee for Certificate ? Yard Sale ? ? ? H.I.C. ? Building Permit ? of Occupancy ? Cash i{ i M OM _ a -,check s.... a.5..' Buildi apartment APR 13 '96 04:24 PH )7A 500 HEWITT +718 932 ~16 Page 1 J • Lisa & Nikola Caljanic 50-03 28th Avenue Woodside, New York '1377 (718)278-0558 April 12, 1996 To Whom It May Concern, Town of Southold: This letter is to certify that Richard Saotta of Richard Saetta Contractor, Inc., 4 Bootleg Alley, Greenport, New York, has been engaged by us as General Contractor in the design and construction of a single family residence on our building site located at 1065 Ray Avenue, East Marion, New York. He is authorized to represent us in connection with any and j all duties as would l.a usual as part of his role as General Contractor on this project. He is authorized to act on our behalf, and in our absence to procure any permits or other documents as would be required to make our building site ready to begin construction as well as to complete the building project. Please extend to him every courtesy as you would if these arrangements were being made directly by us. If you have any questions, please call us at the above number. Thank you for your assistance in this matter. Sincerely, 7 Lisa S. 71~aic Nikola Galjan c Notorized by: ~..4~y ~ 02.,...Q~....J KIKI14EGEM Notary pubk, swig 01 Now Yak No 41.4765077 tiuaubwl in Queens County p Gamisston Ex" Apra 30. 4 % The N.Y.S. Envimnmantai of this 0 Qualiey Review act rzauires submission before an ry action and is an env taken. ircnment_1 review will !,a made 6y this woard SHORT ENVIRONMENTAL ASSESSMENT FOMM INSTRUCTIONS: (a) 17 -order to answer the questions in this short EAF it is assumed that the preparer will use Currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research ar other investigations will be' e uadartaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. - (d) Environmental Assessment 1. Will project result in a large physical change to the project site or Physically *alter more than 10 aces of land? ~"es :~NO 2. Will there be a major change to any uniaue or unusual land fora on the sits? _Yes YNo 3. Will project alter or have a large ef_act on an existing body of water? -Yes XNa 4., Will project have a ootantia.I IV large impact on groundwater quality? % as XNo 5. Will project significantly effect drainage flow . on adjacent sites: _Yes ~&No 6. Will project affect any threatened or endangered - plant or animal species? _Yes ~No 7. Will project result in a major adverse affect an air quality? - _Yes ~C110 6. Will project have a major effect on visual char- attar of the community or scenic views 0r vistas known to be important to the community? Yes Yo - 9. Will project adversely impact-any site or st--act- ura of historic, pre-historic, or paleontological importance or any site designated as a critical anvirchmeutal area by a local agency? _Yes ma 10. Will project have a major effect on existing or future recreational opportunities? Yes _V 11. Will project result in major traffic problems or ' cause a major effect to existing transportation svstemz? Yes Y o 12• Will project regularly cause objectionable odors, _ maize, glare,. vibration, or electrical disturb- ance as a result of the projects operation? Yes No 13. Will project have any impact on public health or safety? ' Yes e J "0 14. will project affect the existing community by directly causing a growth in permanent popula- tion Of more than 5 percent over a one-year Yes X period or have a major negative effect on the No charactu: of the community or neighborhood? 15. Is there public cont-ov sy c the project? _Yes o N p'azarer'3 Signature: Represemting: NI%OLA & LIZA GALJANIC APRIL 11 1996 23A 9'/q5 Oace• 1~-16.+ 121ST-Tact 12 PROJECT I.O. NUMBER I 81721 SCAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) PROJECT NAME TtI1~ N' IAA I GALJANIC HOUSE t. PROJECT LGG:70N: Munieisulty EAST MARION Cdumy SUFFOLK 4. PRECISE LOGTON (Street aaartla ono road inteneetlons. atomment tanamaraa. eta w Ptaiae mass 1065 BAY AVE EAST MARION NY TAKE STATE ROAD 25 EAST TO BAY AVE MAKE A RIGHT 5. IS PROPOSED ACTIIO~1N: New C Eaamatan Q MooMlcodNanarattan S. OES=SE PROJECT 3RIEFLY: DEMOLISH EXISTING BUILDING, CONSTRUCT A ONE FAMILY DWELLING 7. AMOUNT OF OAFF_CTM.404 InitIZIN acre Ultimately atPea NG LANG USE RESTRICTIONS' a. WILL 1 PROPOSED AO::ON COMPLY WITH MUSING ZONING OR OTHER MU57I L.; Yea Ci No It No. deSCIRM mMly -CONSTRUCTION WILL NO MEET 35t FRONT YARD SET BACK 1. WHAT 15 PRESENT LANG USE IN VIONITY OF PROJECT Ei Reataennas C Inausmal C Catna we al C Ag"Matsre C PasulFwassUOOen $own C Ctner Oeaenoe: 10. ODES AC.-ION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATa_Y FROM ANY OTHER GCVVNMEMTAL AGENCY (FEDERAL STATE OR I.OGU? C.Yea CNg It yea. Ilea ageneylal ana oerollUnDOMala SUFFOLK COUNTY HEALTH DEPT WELL AND SEPTIC SYSTEM _ 11. CGES ANY ASPrc. OF THE AOT ZN HAVE A CURRENTLY VAUD PERMIT OR APPROVA' CYen 71 rr It ye:. Ass sq"My name am D 11MW2Asravat 12. AS A AESULT OF PROPOSED ACTON WILL MISTING PERMITIAPPROVAL RECUIRE MOOIFlGTON? Cytl a I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE EES'r OF MY KNOWLEDGE RICHARD SAETTA':. Our. APRTT. 11 1Q06 AadlidanVaOdnaw namr. Signature: If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER .(Continued an reverse side) c BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of NOTICE TO to the Board of Anneals of the Town of Southold ADJACENT TO: BOARD OF APPEALS PROPERTY OWNER TOWN OF SODTHOLD YOU ARE HEREBY GIVEN 140-1-ICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice) FRONT SEl' BACK t 0, 2. That the property which is the subject of the Petition is located adjacent to your property and is des-~ cribedasfollows: 1065 BAY AVE EAST MARION TAX MAP NO. 1000 SECTION 31 BLOCK 9 LOT 1 OWNED BY NIKOLA & LIZA GALJONIC 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 ZONE 1 That b~ such Petition, the undersigned will request the following relief: FRONT YARD SET BACK 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIV Section 100-244B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. That befure the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRIL 10 1996 RICHARD SAETTA Petitioner Owners 'Name s : NIKOLA & LIZA G_ALJONIC Post Office Address 50-03 28th AVE WOODSIDE NY 11377 Tel . No. ( 718 ) 278-0558 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] ;i PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM ADDRE S JOSEPH & JOANNA E CHERNUSHKA 130 DEVONSHIRE DRIVE NEW HYDE PARK NY 11040 JACK SCHIMATZ & WF BO BOX 194 EAST MARION NY 11939 LINWOOD A & SARAH RACKETT PO BOX 65 1050 BAY AVE EAST MARION NY 11939 ';~4N & JUDITH MALDONADO 176 PROSPECT PARK WEST BROOKLYN NY 11215 VICTOR NOVAK & WF 1170 BAY AVE EAST MARION NY 11939 ;t STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss.: RICHARD SAETTA residing at 4 BOOTLEG ALLEY GREENPORT NEW YORK 11944 being duly sworn, deposes and says that on the 11 day ofAPRIL -'19 96 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at GREENPORT NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to fore me this 1 day of I .119 _ 4( L tary Public AJACOBS MMryP X470= k Oidw hSo*Co" Ootaadwaa E*= Lbmh 31,18=1 (This side does not have to be completed on form transmitted to adjoining property owners.) In the Matter or cite Pell NOTICE to file Board of A _Lpeals n( the Town nf_ Soitthnld TO ADJACENT TO: LINWOOD A & SARAN RACKETT PROPERTY OWr11;R PO BOX 65 1050 BAY AVE EAST MARION NY 11939 I I YOU ARE IIEREOY GIVI N NOTICE: 1. That it is the intension of the undersigned to petition the hoard of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) (ci r.cle choice) FRONT TMZli'SET BACK 2. That the property which is the subject of the Petition is located adjacent to your pproperty and is des- ttibed as follows: 1065 BA) LAVE EAST MARION TAX MAP NO. 1000 SECTION 31 BLOCK 9 LOT 1 OWNED BY NIKOLA & LIZA GALJONIC 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 ZONE -1 That by such Petition, the undersigned will request the following rclirf: FRONT. YARD SET BACK - 5. That the provisions of the Southhold 'town Zoning Code applicable to the relief sought by the under- signed are Article XXIV :ection 100-244B ) Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days front the dale hereof, a written Petition requesting the relief specified above will J be filed in the Southold Town Clerk's OVice at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1609. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to file date of such hearing in the Suffolk Times and in the Long Island Traveler-Ma tIit tick Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRIL 22 1996 RICHARD SAETTA Petitioner 0wners'Name s: NIKOLA & LIZA_G_ALJONIC lost Office Address 50-03 28th AVE WOODSIDE NY 11377 1. No. 718 ) 278-0558 [Copy of sketch or plan showing proposal to be attached for convenience purposes.) V ,1 HOARD OF APPEALS- TOWN OF 50111 IIOI.1) In the Matter or the Petition of NOTICE TO j to the Hoard of AL)oeals of the Town of Sonilcnld ADJACENT TO: VICTOR NOVAK& WF PROPERTY OWNER 1170 BAY AVE EAST MARION NY 11939 I YOU ARE HEREBY GIVI[N 1101ICE: 1. That it is the intention of the undersigned to petition the hoard of Appeals of the 1 mvn of Southold to request a aerate (Special Exception) (Special Permit) (Other) (c i rcle choice j FROSET BACK 2. That the property which is the subject of the petition is located adjacent to your property and is des- cribed as follows: 1065 BAY AVE EAST MARION TAX MAP NO. 1000 SECTION 31 BLOCK 9 LOT 1 OWNED BY NIKOLA & LIZA GALJONIC 3. Thal the property which is the a(jbject of such Petition is located in the following toning district: R-40 ZONE 4 heat b) such Petition, the and-rsigned will request the following relief: FRONT YARD SET BACK 5. That the provisions of the Snu!hold 'town Zoning Code applicable to the relief sought by the under. signed are Article XXIV Section 100-244B [ ) Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days front the dale hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7d5-1809. 7. Thal before the relief sought may he granted, a public hearing must he held on the manor by the Soard of Appeals; that a notice of such hearing must be published at leas( five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Maltiluck Watchman, newspapers Iublished in (he Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRIL 22 1996 RICHARD SAETTA Petitioner Owners'Names: NIKOLA & LIZA G_ALJONIC Post Office Address 50-03 28th AVE WOODSIDE NY 11377 _ Tel. No. (718 ) 278_0558 ( ,v,nFig proposal to be at 1. ached for convenience r BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of - NOTICE - - TO to the Board of Appeals of the Town of_ Southold ADJACENT TO: JACK SCHIMATZ & WF PROPERTY OWNER BOX 194 EAST MARION NY 11939 YOU ARE HEREBY GlVlifd 1101 ICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a artanc (Special Exception) (Special Permit) (Other) [circle choice) FRO SET BACK t 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1065 BAY AVE EAST MARION TAX MAP NO. 1000 SECTION 31 BLACK 9 LOT 1 OWNED BY NIKOLA & LIZA GALJONIC 3. That the property which is the subject of such Petition is located in the following zoning district: R-40 ZONE a Tliat 6) such Petition, the undersigned will request the following relief: FRONT- YARD SET BACK 5. That the provisions of the Southold gown Zoning Code applicable to the relief sought by the under. signed are Article XXIV Section 100-244B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 745-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mat tit tick Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRIL 22 1996 RICHARD SAETTA Petitioner Owne rs ' Name s : NIKOLA & LIZA GALJONIC Post Office Address 50-03 28th AVE WOODSIDE NY 11377 Tel. No. (718 ) 278-0558 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] BOARD OF APPEALS- TOWN OF Sour f lOt_D I i In lilt Matter or the Petition of - - , NOTICE to the Board of Appeals of the Town of TO Southold ADJACENT TO: JUAN & JUDITH MALDONADO PROPERTY OWNER 176 PROSPECT PARK WEST BROOKLYN NY 11215 YOU ARE IIEREBY GIVI t~ NOTICE: 1. That it is the intention of thr t~ndcrsigned to refit ion the hoard of iyreals of the 1 n'.-n of Southold to request a arrant (Special Excepti(n) (Special Permit) (01=11er) )circle Choi(-1 FRON SET BACK i 2. That the property which is the subject of the Petition is located adjacent to our property and is des- cribed as follows: 1065 BAY AVE EAST MARION TAX MAP NO. 1000 SECTION 31 BLOCK 9 LOT 1 OWNED BY NIKOLA & LIZA GALJONTC 1. That the property which is the subject of such Petition is located in the following zoning district R-40 ZONE -1 that hl such Petition, the uodersigncd will request the following relief: FRONT YARD SET BACK 5. That the provisions of the Somnol(i Town zoning Code applicable to the relief sought by the under. signed are Article XXIV Sect-ion 100-244B [ ] Section 280-A, New York Town Law for approval of acc,tss over right(s)-of-way. 6. That within five days from the dale hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New Ywk and you may then and there examine the same during regular officr h,mrs. (516) 745-1.1309. 7. That before the relief sought may be granted, a public hearing must he held on file marter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler•Mattifuck Watchman, newspapers published in file Town of Southold and designated for the publication of such notices; that you nr your representative have the right to appear and be heard at such heanng. Dated: APRIL 22 1996 RICHARD SAEITA Petitioner Owners'Name s: NIKOLA & LIZA_G_ALJONIC Post Office Address 50-03 28th AVE WOODSIDE NY 11377 Tel- No. ( 71 s) 278-0558 [Copy of sketch or plan showing proposal to be atL,ached for convenience purposes.] BOARD OF AhPE 4LS TOWN t I F 59t1TIIOLD In the'Matter or the Petition of i NOTICE to the Board of A`Oeals of 11, ~tf Southold TO TO: JOSEPH & JOANNA E CHERNUSIIKA ADJACENT 130 DEVONSHIRE DRIVE PROPERTY OWNER ii NEW HYDE PARK NY 11040 I~ YOU ARE IIEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the In\vn of SoUlhnlrl to request a Variance (Special Exception) (Special Permit) (Other) lr: i rcle choice j FRON SET BACK cribed as folllows!te p1065tBAYsIAVEs EASTIlle tNO.Irt1000 SECTIONI 31oBLOCR 9tLOTdls des-Cated I of ' OWNED BY NIKOLA ONIC - 3. That the property which is the subject of such Petition is located in the following zoning district: j R-40 ZONE 4 71tat b) such Petition, the undersigned will request the following relief: FRONT YARD SET BACK t! 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article XXIV Sect-ion 100-244B [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6• That within five day's from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 76-1809, II 7. That before the relief sought may be famed, a Hoard of Appeals; that a notice of such hearing must be published atrleast tfive (days prior tot Ib a date of such hearing in the Suffolk Times and in the Long Island Traveler-Mat tittick Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: APRIL 22 1996 RICHARD SAETTA Petitioner Owners 'Natnes: NIKOLA & LIZA GALJONIC Post Office Address--- 50-03 28th AVE W- OO _ 137 Tel. No. 7119 ) 278-0558 [Copy of sketch or plan showing proposal to be atl.ached for convenience purposes.] v QUESTICRTAIRE FOR FILIZTG WITH YOUR Z.B.A. APPLICATION A. Ple=ase disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of they interests: (Semarate sheet may he attached.) NIROLA & LIZA GALJONIC OWNERS H_ Is the subject premises Listed on the real. estate marset for sale or being shown to prospective buyers? { } Yes {R ) No. (.If Ys, p3~AMa ari_r±x c=ap Gf "candi*'",nc° of 521e_) C. Are there nay -proposals tinge altar 1zr~- cyata~ ? { } Yes { No D. I. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the man submitted with this application? NO. 3. Is the property bulkheaded between the wet ands area and the upland building area? No 4. If your property contains wetlands or pond areas, have you cantact;d the Office of the Town Trastees for its determination of jur'_sdictj on2 NO E. Is there a depression. or sloping elevation, near the area of Proposed construcwon at or below five feet above mean sea level? NO (If not applicable, state F. Are there any patios, cancete barriers, bu?Lheads or fanrcc which east and are not shown an the survey man that veu arm submitting? NO If none exist, please state "acne_" G. Do you have any cant uctlon taking place at this time concerning your premises? NO If yes, please submit.a cop_v_ Of your building permit and man as approved by the Building Department. If none, please state_ H. Do you or any co-owner also own other lard close to this parcel? NO If Yes, Please e=lain where or sz^mit -=Pies of deeds_ I. Please list present use or operations ccnduc-ed at th;s parcel ONE FAMILY DWELLING and proposed use ONE FAMILY DWELLING Au for-__c Sig nac.tre anc Dar-e 3/37, 10/901k § 97-13 WEn.,A.`TDS § 47-13 TOWN - The Town of Soatbold- T3TJS7z'r-S - The Board of Trustees of the Town of Southold- [Added 6-584 by LL. No. 6-19841 7=-SUMS [Amended 8-26-76 by " :To. 2-1976: 3-25- 85 by i.L -No. sgggn A t1DAL ~VETLA,~TDS: (I) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters. or lands lying beneath tidal waters. which at mean low dde are covered by tidal waters to a mwtimum depth of five (5) feet, Itlcluding but not limited to banks. bogs, salt marsh. swamps. meadows. flats or other tow tying lands sabject to tidal action: (2) All banks. bogs, meadows. flats and tidal marsh sztbject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworm sea lavender. tall cordgrass. high bush. cattails, g:aundseL atzh,r-n-tv and law M=rLh`ordz^ss;=,CVor r (3) All I.znd immediate:Tadjacentm a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most' landward edge of such a tidal wetland. 3. FRES-r'iVATEit ~VETI ~~DS: (1) 'Freshwater vetlands' as defined in Article 244. Ti- tle L. § 24-0107, Subdivisions l(a) to 1(d) inclusive. Of tFc Environmental Conservation Caw of the State of New York: and All land immediate!y adiacenc to a " Mshwater wet- land-- as defined in Subsection 8(1) and lying with. in sevencyitve (75) feet landward of the most land- warr cdgc of a -rreshwater weclara - 4705 s-as I LISA S. GAWANIC 17 5 6 NIKOLA GAWANIC 1_7587290 50-03 - 25TH AVE. p WOODSIDE, NY 11377 197 l~ FAY TO THE ORDER OF DOLLARS C INK OF NEW YORK 140) 4TE~ MEET ~ NEW YCAM 11101 ` Qy~ M MEMO 1:0 2600 7 58 21: II'i61N00 75114 1756 e,,q,z SP ^J ' G a 17 - V`'/` Southold Town Board of Appeals -3- July 22, 1976 Anyone present wish to speak against this application? (There was no response.) After investigation and inspection the Board finds that the applicant requests permission to erect an accessory building in front yard area, east side Bay Avenue, East Marion, New York. The findings of the Board are that the applicant does have a very real hardship in that almost the total rear yard area of the applicant's four lots is very low, and in fact, the lots run out into Marion Lake. The Board finds that strict application of the ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Bergen, seconded by Mr. Doyen, it was RESOLVED, Rita Schmitd and Doris Schimatz, Rabbit Lane, East Marion, New York be GRANTED permission to construct an accessory building in front yard area, east side Bay Avenue, East Marion, New York, as applied for, subject to the following condition: The garage shall be contained in the legal side yard, no closer than 31' to Bay Avenue. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Doyen. PUBLIC HEARING: Appeal No. 2164 - 7:40 P.M. (E.D.S.T.) upon application of James N. and Rosemary Trentalange, Landing Road, Nassau Point, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to build addition in rear yard with insufficient area. Location of property: west part of Lot #273, Nassau Point Properties, Landing Road, Cutchogue, New York. The Chairman opened the hearing by reading the application for a variance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the town Clerk that notification by certified mail had been made to: Mr. John J. Tobin; Mr. Frank Bullock; Mr. John J. Slattery. 1 .Lr.n11 i I U-Y.y 2 lAiillX94 ~J SL•mJuN N.Y.II.1'.U. Form 81103- - -\Vnrrunly Deed With Full Covenan ls-IndiviJunl or Corporation (single J CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD EE USED BY LAWYERS ONLY l~b THIS INDENTURE, made the 29th clay of September , nineteen hundred and eighty-six BETWEEN DORIS NOVAK, 44-11 30th Avenue, Long Island City, New York party of the first part, and WILLIAM F. NOVAK and KATHLEEN B. NOVAK, his wife, 110 Washington Avenue, Island Park, New York 11:;~ P I.134',=!;73' "'rCTION RL.OCK LOT bi-J-1] M~ M 1.`~ = party of the second part12 17 21 20 WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second Bart forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, h'ing and being}fD w at East Marion, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of Bay Avenue at the Q, northwesterly corner of land of Elizabeth Shlaefer; running thence along said easterly line of Bay Avenue, North 34 degrees 12 minutes 3- 40 seconds West 145 ' feet to a concrete monument; thence North 57 degrees 35 minutes East 115,69 feet to a concrete monument and land of Henry Hedges; thence along said land of Henry Hedges, 31~ South 39 degrees 44 minutes 30 seconds East 145 feet, more or less, to said land of Elizabeth Schleafer; thence along said land of Elizabeth Schlaefer on a line at right angles to said line of Bay Avenue South 55 degrees 47 minutes 20 seconds West 125 0010CO feet, more or less, to the point or place of BEGINNING. The party of the first part being the same person as the grantee in Deed recorded in Liber 5023, Page 481 and Liber 4848, Page 468 and being the same premises described in Deed recorded in Liber 5023, Page 481. ERE 6l'9~ 'I OGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted onto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will app,y the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the part}' of the first part covenants as follows- that said party of the first part is seized of the said premises in fee simple, and has good right to convey the same; that the party of the second part shall quietly enjoy the said premises; that the said premises are free from incumbrances, except as aforesaid; that the p park' of the first part will execute or procure any further necessary assurance of the title to said premises; and Nj that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF:r/~/-.- ~ D riso Novak _ GREGORY J BROWN - Notary Public. Stnte of Ne,Y,~i is WORDED OV 24 1986. 'TJ.IEM A. KWELLA OEtk of Saffolk Countv 8j -DETAIL A PROPOSED SEPTIC SYSTEM DETAIL TE TEST HOLE DATA (NOT TO SCALE) TEST HOLE DUG BU T HOLE DUG BU MCDONALD GEOSCIENCE ON MARCH 28, 1996 FL. EL 9.G 0. NDUSE mN Nuwm WK SURVEY OF PROPERTY 4• CfID mu FlN611m q,WE lld RICN GNWE PR RE. NHCIIB. 4Wfl1 Em ZCEk. LOCK.. WAlER11GM ! 11. 1 l ~ f1EV. J20: NIm I. BEEF Mn ff DEEP rmll. . 1. PTET N oNADE NG POOL FURTHEST LEACHING POOL x r YN. uM a Y.. PMn. ro P D. 1GS Nm91 PiPNO.m MPE MW0.EO xPE OF A 3 POOL SYSTEM STEM °"SITUATED AT AlglEp I i I' 111P El£V. 111 %ICXf? 1/C/1' 'i 9 ~ r G•. ] qFM R. _ SWD IM'1 fl SIH~ ~ 1 q ~I~ D ~ ~xCIp~55G'vFfl 3 CLAIM EAST MARION O i 9E"~iS y]Ilpu ~y ~ 9 a BROWN DlM YND TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Y , •1~ 3 C.MxxDD W~ EL ~1/~, un•. a Euv Zy EL -7.0- WATER IN BROWN S.C. TAX No. 1000-31-09-01 SEPTIC TANK (11 cuYEr swD ~X Y I. YWYIIN ]PI'6 iMN V?/g116 fCfl A 1 ro 4 NFDNWII MWSE IS I.W] GW116. SCALE 1"=20' I h . 9NN. e' IOIW v-T WDE. P'-T DEEP l\,/ 2 IDXCI6R SIWI. N4VE A RR% OF T. 'A 4M f ]fA] F AT fA D1R. ' ,wiu~w~"ws° `seDngl RE R%.. siwrOCWAN RE DIF'0PI1umivssr OF rt wwm ROES OF ON. W. LEACHING POOLS (31 WAId IN PALE RNOWN OCTOBER 19, 1995 FlNE N rZARIIE S D 4 NL .AlROB 9WL RE . 50 TMT l E T. s wAEE 1....m IF/CMW SYREII ECII A I TO 4 fl, W xWY 6 ]DD w m S. MG S iYE SEPIIC TWIN 4 BE NB,N RO A LEYFL M . DIRECBON] (MM A W.II IDIWHCE CF t I/f) ] MMS: 4' C®. C IN. MARCH 21, 1996 (B.O.H. DATA) OR A YIMYVY T T11CN RED OF CLAP TEO WD OR PFA GUVEI ] I RRG POOUS 6T Sg1D Wu~RW1m OF PREL REWF9. CDWCIRIE (OF Fp1YL) R. A ID' Mn, gSfANCE NEIWEEX 9EPIIG IWIN IWD ROUSE SMIll BE 4VMNxEA > Wl LYRfl6 S1WL RE YE MFGl51 M."''. NILP. (Ox EOIIW 4 A 10' .1, gRIWYE Rf1SFFN IEGHWO PWL1 A40 "TEl11INE 94L. BE WNENHm. S A4 C mN. WABOF ElMTII1 NL IF/CXNG FOOIS . RE YNMWN®. AREA = 17.589.59 sq. ft. R. AV f mN. ORB,. @TAIDI WL IFIGNM] MOLS IND "SPIIC iN1R S]Wl BE YVMNMD 0.404 CO. Oy WE CERTIFIED T0: NIKOLA GALJANIC 6°' S LISA GALJANIC J'9. CyO q o o ~~gE~ tEp ~5 A ° p aye w6 Z 0 3o0N?~ O~~ 1 F nF~~y~ NOTES: 1. ELEVATIONS SHOWN THUS: 5u ARE REFERENCED TO N.G.V.D. 1929 DATUM s q .q x 15 t~~toJ 2. THIS PROPERTY IS LOCATED IN THE R-40 ZONING USE DISTRICT. s • \ t wgooPgp°OE J -PnAUC MEo OwT fo m x RRECM fL E CESSPOOL . lol? y'1'w. IgREECEw 7T. Gf~ / ~O E~~'I R ~ioa F 90 ! \CA y~ Ilk, ~ xFFQ 0 1 \ X J S. IV. . J' g1TO- \i 't`Y flq R4 4( ~~1 ON Tt N `G •~1. Tt 35, ~ O ~t Y~FO •M, ~ ~ WjE"" VnS.`~ ~ ~ y~~ l~ ~t 2s~~~ rya6. N \RO m ~ ONE WN% v_ (n/ l , , • o ~4(ry9, ~9 ~o E~ ti9 ~jo~F,O .~{s NTb 1ti5~ UNATHORIZED ALTERATION OR ADDIFON TO THIS SURVEY IS A ADWON OF SECTION 7208 OF THE NEW YORK STATE EDUCATION IAW. COPIES OF THIS SURVEY MAR NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SELL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIM BEHALF TO THE ra ~s\ iRIE COMPANY, GOVERNMENTAL AGENCY AND (ENDING INBRTIIRON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSR- TURON. GUARANTEES ARE NOT TRANSFERARIE THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREP CE WITH THE MINIMUM Olf- x~ RVEYS K AS ESI III 0 S ATE LAND Joseph A. Ingegno AND o~ Land Surveyor 1h~ Title Surveys - Subdivisions - Site Plans - Construction Layout F UND PHONE (516)727-2090 Fox (516)722-5093 OFFICES LOCATED AT MAILING ADDRESS THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON) ARE FROM FIELD J N Y.S. Lic. No. 49666 Ono Union Square P.O. Box 1931 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS Aquebogue, New York 11931 Riverhead, Neal York 11901 95-300A