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HomeMy WebLinkAbout4374�i9Lc�,y6o, F.ea.✓�r�eV� 33 /3200 __�clS%PcccT -41 197 LUiTH— l9lISCG/=f_SETBiq crC Fi?as1_ �LLc.I��J/CN �GL1 �Zc T .PA U TE1S AG T. �GL i6/= 197 �c /✓S T�PLc [,T Cd1€ AH,L WEL!_LvL— .x/`_•Si6E.-`�A'+�_- -- ,SG7B/jc.�lS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Appl. No. 4374. o�OgUFFO(,{-c0 o� Gyp CA Z BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1809 Upon Application of FRANK and LOUISE O. PALUMBO. This is nn application under the Southold Town Zoning Code Article XXIV, Section 100-244 as amended 11-28-95 (which removed former subsection C thereof pertaining to former code setbacks for former subdivisions), for a variance based upon the issuance of the Building Inspector's March 22, 1996 Notice of Disapproval to construct a new dwelling with insufficient side yard setbacks. Location of Property: 3200 Sound Drive, Eastern Shores Subdivision Lot #108, Greenport, NY; County Tax Map Parcel No. 1000-33-1-7. The requirements are for total side yards of 15 and 20, or greater, and with a total of 35 feet on this 27,400 sf. parcel. WHEREAS, a public hearing was held on May 1, 1996 at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF DISAPPROVAL. This is an application based upon the March 22, 1996 Notice of Disapproval from the Building Inspector, the grounds for which disapproval was issued reads: ...proposed construction (one -family dwelling) is on a nonconforming lot located in an R-40 Zone. Under Article XXIV, Section 100-244, proposed construction will have insufficient side yard setbacks.... 2. CODE AS AMENDED. Article XXIV, Section 100-244B was amended November 28, 1995 by Local Law No. 23-1995 by the Southold Town Board. The side yard requirements of this current law provide for not less than 15 ft. and 20 ft. on each side, for a total side yard area of not less than 35 ft. This is based on a lot between the size I Page 2 - Appl. No. 4374 Matter of FRANK and LOUISE PALUMBO Decision Rendered May 1, 1996 of 20,000 sf and 39,999 sf. The subject parcel is shown on the December 12, 1995 amended survey to be 27,400 sf. 3. PROPERTY DATA. The premises in question is presently owed by the applicants (recent purchase date 10/18/95). The property has always been vacant land, and is shown on the Map of Eastern Shores Section IV as Subdivision Lot #108. The width of this parcel is 100 feet along Sound Drive and a current depth of 275.0 feet to the ordinary high water mark (see amended surveys of March 21, 1996 and December 12, 1995). (A former survey dated August 16, 1995 from the 1995 variance file record shows a different depth and larger lot size of 29,116 sf. The difference is noted only for informational purposes and does not affect the side yard distances from the information furnished by applicants.) The total lot area, including the area below the bluff down to the highwater mark, is currently shown at 27,400 sf. on the March 21, 1996 survey submitted under this application. 4. PROPOSAL. This application is a request to locate a new dwelling with side yards at 17.5 feet from the easterly side, and at 13.5 feet from the westerly side property line at its closest point. 5. PRIOR APPEAL FOR VARIANCE. Under dated of September 13, 1995, the Board of Appeals conditionally granted alternative relief pertaining to the reduction in the setback from the top of the bluff along the Long Island Sound, to be not closer than 60 ft. from all points (corners) of the dwelling. An engineering report was submitted indicated that excavation beyond the 50 ft. bluff to the south would have no detrimental effect on the existing bank. It was agreed by the landowners to restrict the area north of the house to remain open without buildings or swimmingpool structure. It was also agreed that grading for new landscaped areas must be done to keep surface water runoff directed toward the south, and that there would be no exca- vation within 50 feet of the top of the bluff line. 6. OTHER TOWN AGENCY JURISDICTION/ REVIEW. Town record shows a copy of the written authorization issued by the N.Y.S. Department of Environmental Conservation dated August 30, 1995 ref. 1-4738-01175/00001-0 with precautions noted therein. The variance, as alternatively granted, is subject to the same precautions with the alternative setback, noted in this determination. The Board of Southold Town Trustees by its letter of August 25, 1995 has determined the project is not within their jurisdiction. 7. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief requested that: (a) at the time of submission of the building permit application approximately six months after the former variance (after Page 3 - Appl. No. 4374 Matter of FRANK and LOUISE PALUMBO Decision Rendered May 1, 1996 conveyance to the present applicants, and after attempts were made to obtain a revised house plan) a new law became effective, unfavorable to the present construction plan and side yard layout. (b) applicants actively pursued all applications and has tried to comply with every requirement during all agency procedures. (c) the essential character of the neighborhood will not be altered since the natural characteristics of the site and surrounding area are favorable, and the side yard setbacks will be generally similar to those existing in the area; (d) the benefit sought to be achieved by the appellants cannot be achieved reasonably and without great expense, other than a variance under the zoning regulations; (e) the grant of relief claimed will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood since the applicants have agreed to restrict the area 50 feet between the house and the bluff from any excavation or adverse activities which would affect the land area and stability of the bluff; (f) the relief requested is not substantial when compared to those established in the area; (g) the relief requested is not self-created; (h) as part of the "balancing concept," the Board finds and determines that the character of the neighborhood will continue to be preserve, and the health, safety and welfare of the community will not be adversely affected. NOW, THEREFORE, on motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the side yards as requested at17,5 feet (east side) and13.5feet (west) side as applied. Vote of the Board: Ayes: Messrs. Dinizio, Villa, Tortora, and Goehringer. This resolution was duly adopted (4-0) . Member Doyen was absent. RECEIVED AND FILED BY THE SOUT'r-SOLD TUt.1d CLLiiL. 5-/13 /,?(. gsra6 DATE _ 90UR j Town Clerk, Town of SoutLo? _' 0 APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOliTHOLD NOTICE OF HEARINGS 0 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 12 1996, commencing at the times specified below: 7:30 p.m. Appl. 44374 - FRANK AND LOUISE PALUMBO. This is an application under the Southold Town Zoning Code Article XXIV, Section 100-244 as amended 11-28-95 (which removed former subsection C thereof pertaining to former code setbacks for former subdivisions), for a variance based upon the issuance of the Building Inspector's March 22, 1996 Notice of Disapproval to construct a new dwelling with insufficient side yard setbacks. Location of Property: 3200 Sound Drive, Eastern Shores Subdivision Lot #108, Greenport, NY; County Tax Map Parcel No. 1000- 33-1-7. The requirements are for total side yards of 15 and 20, with a total of 35 feet on this 27,400 sf. parcel. 7:35 p.m. Appl. 44375 - BRUNO AND FELICE SEMON. This is an application for a variance under Article XXIV, Section 100-244B of the Southold Town Zoning Code, based upon the issuance of the Building Inspector's Notice of Disapproval dated March 22, 1996 regarding a permit to construct addition to existing dwelling with insufficient front yard setbacks. The present code requires 40 ft. for both front yards. Page 2 - Legal Notice Regular Meeting of May 1, 1996 Southold Town Board of Appeals Location of Property: 3665 Parkview Lane, Orient, NY; County Tax Map Parcel No. 1000-15-1-35. Green Acres Subdivision Lot #7 containing 22,0000+- sf. 7:45 p.m. Appl. #4378 - JOSEPH CORRETTI. This is an application for a variance under the Southold Town Zoning Code, Article %XIV, Section 100-244B for permission to reduce front and rear yard setbacks for a new dwelling on which was deemed to have more than one front yard. The code requires a 40 ft. front, 50 ft. rear, and 15 and 20 side yard setbacks on this 21,200+- sf parcel located at 2285 Westview Drive, Mattituck, NY; County Tax Map Parcel No. 1000-107-7-1.1. 7:50 p.m. Appl. #4377 - DANIELE DUPUIS. This is an application request- ing a Waiver under Section 100-26 of the Zoning Ordinance, based upon the Building Inspector's March 21, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one -family dwelling. Under Article II, Section 100-25A enacted 1/1/96, the subject lot is substandard in size and has been held in common ownership with an adjoining lot, 1000-137-1-14, referred to as M.S. Hand Combined Lots #105, 106, 107, 108 (improved with a single-family dwelling). Applicant alternatively will provide a more equal lot size by enlarging the dwelling lot (adding M.S. Hand Lot #105 to the lot now consisting of 4104 and #103.) The subject property for which a waiver is requested is identified as County Tax Map Parcel No. 1000-137-1-15, located along Stillwater Avenue, Cutchogue, NY; also referred to as M.S. Hand Combined Lot Nos. 103 and 104. Zone District: R-40 Residential. 7:55 P.M. Appl. 44376 - SCOTT A. RUSSELL & ANO. This is an application requesting a Waiver under Section 100-26 of the Zoning 0 Page 3 - Legal Notice Regular Meeting of May 1, 1996 Southold Town Board of Appeals Ordinance, based upon the Building Inspector's March 14, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one -family dwelling. Under Article II, Section 100-25A enacted 1/1/96, the subject lot 1000-136-1-19 is substandard in size, is referred to as Eugene Heights Lots 78 & 79 fronting along Oak Street, and has been held in common ownership after 1983 with an adjoining lot, 1000-136-1-29, referred to as Eugene Heights Lots 4111 and 4112 fronting along Harbor Lane, at Cutchogue, NY. The total combined lot area is less than 40,000 sf and less than 150 lot width. Zone District: R-40. 8:05 p.m. Appl. 14373 - RONALD J. MAYER. This is an application for a variance based upon the Building Inspector's March 19, 1996 Notice of Disapproval issued under Article IIIA, Section 100-30A.2 whereby applicant applied for a building permit for permission to convert existing separate building for one -family dwelling occupancy, and/or to create a separate parcel containing less than the required lot area, width and depth in this R-40 Zone District. Building permit 412554Z issued 3/27/83 indicates the building inspector granted permission "to construct two-story non -habitable accessory building." Location of Property: 7735 Main Road, East Marion, County Tax Map Parcel 1000-31-2-26, a corner lot, containing a total area as exists of 25,210 square feet. Additionally, the building as exists will not conform to yard setbacks for a principal dwelling and additional variances are necessary for approval as a principal dwelling conversion. 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 are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates Page 4 - Legal Notice • • Regular Meeting of May 1, 1996 Southold Town Board of Appeals or new information. call 765-1809. Dated: April 15, 1996 If you have questions, please also do not hesitate to BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski roam No. 3 • • 'I'OIVN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ..�j 112 ................ 9�}, /// 197.. Tom .7..2.�CCG✓L' .. �f 7........... . PLEASE TAKE NOTICE that Your application dated . <"%/ _ , , _ , .. • 19y� for permit to &JE-�-44,e Location of PropertyMap.... 3�t� p ( 77t9LCi... lJ ....... OU 1� - - House /Vo. Street h Ha /et County Tax Map No. 1000 Section ... ...... Block �........ Lot .. (... . Subdivision ................. Filed Map No. ................ Lot No ................. is returned herewith and disapproved on the following grounds .. � ..l.Gb?r) 4`P ... .... eel", �s n.. . ... ................ �- �z . � ......... .... ..... . ......................................... ................................................... u1.3c'Iing Inspector RV 1/80 1. LOCATION OF THE PROPERTY...........3200 Sound Drive Greenport R-40 .......................................................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot 33,,,,,,,,,,,,,,1 7 ..Current Owner Frank and Louise Palumbo 1voap 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 100-244 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. Laws Art. 16 Sec. 280A Subsection 3 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 ( X) request for o variance Appeal from Art. XI, Section 100-119.2(A) and was made in Appeal No.................................Dated................................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Proposed residence is to be located at 13.5 (Westerly side yard) and 17.5 (Easterly side yard) feet from the property line rather than the required 15 feet and 20 feet for a total combined side yard of 35 feet. Form zst (Continue on other side) RECEIVi* ,��h aG� i�_ -It,- MAR 2 iM6 TOWN OF SOUTHOLD, NEW YORK APPEAL F�CS BUILDING INSPECTOR APPEAL NO.-/ ! DATE.............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. a,1 Frank and Louise Palumbo 2555 Youngs (We) ................................................................of........................................................................ U+),y Ave., Unit 17A, �: Name of Appellant Street and Number i 19 5 ....................southold............................................. ............ ...... N.Y ................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Frank and Louise Palumbo ................................................................................. Name of Applicant for permit of 2555 Youngs Ave. Southold New York Street and Number Municipolity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) Variance 1. LOCATION OF THE PROPERTY...........3200 Sound Drive Greenport R-40 .......................................................................................... Street /Hamlet / Use District on Zoning Map District 1000 Section Block Lot 33,,,,,,,,,,,,,,1 7 ..Current Owner Frank and Louise Palumbo 1voap 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 100-244 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. Laws Art. 16 Sec. 280A Subsection 3 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 ( X) request for o variance Appeal from Art. XI, Section 100-119.2(A) and was made in Appeal No.................................Dated................................................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Proposed residence is to be located at 13.5 (Westerly side yard) and 17.5 (Easterly side yard) feet from the property line rather than the required 15 feet and 20 feet for a total combined side yard of 35 feet. Form zst (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produc6*I MH6ah`tlffli t*Jis or unneces- sary HARDSHIP because See Attached 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ss Y........ �'Q............. COUNTY OF Signature ST— Sworn to this ............ .. ......................... day of ........ �`/ �Co./ ........................... 19F4 Notary Public PATRICIA C. MOORE N*%ry PW ft 8110b of New York Com EE*k" jUftt 1 a4 • Reason for Appeal Continued Zoning Board of Appeals re: Frank & Louise Palumbo Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and asses the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b -3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties,if the variance is granted. The property is long (an average of 300 feet) and narrow (100 feet) and similarly sized to the adjoining properties. The residence has been located on the parcel in order to accommodate the topography of the parcel. This subdivision was developed in 1986 and the sideyard setbacks were established under the previous zoning ordinance. Moreover, the owner had obtained approvals from all agencies with the subject application but pending other agency approvals the zoning ordinance at section 100- 244 was changed resulting in the need for this variance. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the topography and nonconforming width of the lot the house has been redesigned several times and is very modest in size. 3. The area variance is not substantial, the variance requested on the westerly side is 1.5 feet (15 required\13.5 requested) and on the easterly side is 2.5 feet (20 required\17.5 requested). The application of the balancing test weighs in favor of the grant of the variance. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The properties in this neighborhood are similarly developed, the purpose of this appeal is to develop this lot in conformity with the character of the neighborhood. 5. The alleged difficulty was not self-created. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. 1AA,1—A_4.?-nn/—d/) 7 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT Q ORMER OWNER rOvH� ►—c N ' - i E 4 0G�, cf ACR. �� Iu�II ir1�-fvr1 S W TYPE OF BUILDING . � —4w _ - C4--- t - - --- — - - RES. SEAS. VL. �r FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS P — .) 3 'J 0z 6 u o / 3 S ac v, c �Q i %fury. _ _ _ �ro--- I13 N -tN t (et -- S4, el s -L 11Tg2 5vs- S Foley f- , f)a 0 P�u �l sUcn _L01) AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable FRONTAGE ON WATER / d ��� _ ,� ✓ Woodland _ FRONTAGE ON ROAD Q l Meadowland — DEPTH r 3 o - Q� 'I House Plot BULKHEAD Total _ DOCK a•. 4 4 d'v 4 a�_dri'rury yi�/� urryt �Sa�''`t`e'_� 0001, .. w 4 wf ' ! V H {rOP•` A,.. . "�"' "ar � r� Fes'' if j'� 9ps, Ile *47 1 r. s _ tis'`• , "ro"• 71 M (Sts��tic Caurr.`rr'1'i,;teme�E+#�4s861 h1 T` �r�'ts;�hli�Qr !rt• APCF_A: Z7,4QD r4.Fr err ears rBy fir. , ,7r�[ C*�! «^•tea .t✓c.'. W T V L? . sunrracsd .aafi,�,_t r9 I .r ----- IDS W27= CO. HEALTH DEPT. APPROVAL H.S. NO. I ' 'In ) i STATEMENT OF INTENT THE WATER SUPPLY AND SEWAGE DISPOSAL i SYSTEMS FOR THIS R$SIDENCE WILL j CONFORM TO THE STANDARDS OF TME jSUFFOLK CO. DEPT. OF HEALTH SERVICES. (S) ' APPLICANT SUFFOLK COUNTY DEPT. OF HEALTH SERVICES — FOR APPROVAL FOR CONSTRUCTION ONLY DATE: M. S. REF. NO.: APPROVED: SUFFOLK CO. TAX MAP DESIGNATION: DIST. SECT. BLOCK PCL. '.700 93 1 7 OWNERS A©LM : . 2SSS Ye)4v Ij rf.� i;Ve. r7A =074 DEED: L. M"; «A ►. .4i17endsW Au Of r� I 00 acre -VA yre: � OC 1'44 IP9q. _ t ' y V� "`�•, RODERICK VANTUYL. P LSP LAND KMVEr}OR3 NEW YORK grM�dr�wRE� rnrrwr�vw�r gdon ripdMlMM�t♦� EdwYra� Got sur yWo "98dw rye ieM ewrgo/a wsrwd� ameoswa.wrr��rw+rrr , amarawmwow �MM� myt3lrofno Dam sP rc and on Ma pdrMMM ,c;wa�.a.++...iw r "lweanowrM is cs ofurwwti' - �N... Cu_aniCHM�dw�ldr rad6W-W "ftuWaa.wwww+ NAM DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals C� J COUNTY OF SUFFOLK ROSER J. GAFFNEY SUFFOLK COUNTY EXEC L[lSsLl_W" May 9, 1996 I MAY Y (41996 IES. A.I.C.P. PLANNING 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) ;/Palumbo, Frank & Louise Corretti, Joseph GGN:gcc C\WPW IN601WPDOCSVONING\WORKINGLLDS\SD4314. MAY 4374 4378 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner '_0 RSERO DKIVI • P.O. BOX 6100 0 HAUPPALCL. LONG ISLAND. NY 117084)099 6 >16 853--,1110 • teaV �1 ',I-- 0 APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD i Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 PUr'sU?211t to -Art—' cle .= of the SuffoL'c County Adie r i.strative Code, The Board of A =Pals of the Town of Southold, New Yorc, hereby refers the foLcwing to the SUf_Tol c County Planning ng Catruti ssion: x x Variance from the Zoning Code, Article XXIV , Section 100-244 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4374 Applicant: Frank and Louise 0: Palumbo Location of Affected Land: 3200 Sound Drive, Greenport, NY County Tax Map Item No.: 1000- 33-1-7 Within 500 feet of: Town or Village Boundary Line x x Body of Mater (Bay, Sound or Estuary) State or County Road, Parkway, 4ighway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One ,Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission to construct a new dwelling with insufficient side yard setbacks . pies of .own file and related oocume.n--s enciosec for your review. Dated: May 7, 1996 APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen. Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Patricia C. Moore, Esq. P.O. Box 483 4gpfF01 Cp -0 Gy4 H = 01 # � 0 BOARD OF APPEALS TOWN OF SOUTHOLD May 3, 1996 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Mattituck, NY 11952 Re: Appl. No. 4374 - Corrected Findings/Side Yards (Palumbo) Dear Mrs. Moore: Please find enclosed a copy of signed, filed Findings and Determination which should replace the draft sent to you yesterday. The draft mentioned the former sideyards shown on the Palumbo's December survey, instead of the amended survey of March 21, 1996. There were several different surveys submitted between all the submissions. The draft should now be destroyed. Thank you. Very truly yours, Linda Kowalski Enclosure Copies of Filed Decision to: Building Department Suffolk County Department of Planning Mr. and Mrs. Frank Palumbo • APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Patricia C. Moore, Esq_ P.O. Box 483 Mattituck, NY 11952 ��o�OgOFFO(,yCo`4,. o GA N = BOARD OF APPEALS TOWN OF SOUTHOLD May 2, 1996 0 Re: Appl. No. 4374 - Variance for Side Yards (Palumbo) Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (5 16) 765-1809 Please find enclosed a copy of the determination rendered by the Board of Appeals at last night's Regular Meeting. A copy has been transmitted to the Building Inspector for their pending building permit file. Also, due to the proximity of this project within 500 feet of a waterway, State or County Rmid, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. Once that agency has finalized its review and forwarded its comments Ln our office, we will transmit a copy of the same to you. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning Mr, and Mrs. Frank Palumbo y/2a-/96 i6c. o� S/15 i 9 BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of ------------------------------------x COUNTY OF SUFFOLK) S'TATF. OF NI?W YORK) AFFIDAVIT OF POSTING i 1,F�1A"iL *'�IOR80 , residing at 2555 V0VA/6-S AVE - .IeL)7'i0t"0' 11f11 Uv'ri7A New York, being duly sworn, depose and say: That on the X770 day of April, 1996, I personally posted properly known as " 32,o0 SOUA,b �,c � gip- °JcIt7 LL; /19441- „ by placing the Town's official poster sign ten (I6) feet, or closer, from the front property line 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 .1, 1996.) Dated: April , 1996. signature) Sworn to before me this clay of April, 1996. Zit,{, l✓/ =� (.CGi%-4-G�"c Notary Public MARY ANN CYBULSKI Notary Public. State of New York Residing in Suffolk County No. 52.5895900 Commission Expires April 30. 19X0 6 APPEALS BOARD MEMBERS gUFFO(Y _ h�0� C19k. Southold Town Hall Gerard P. Goehringer, Chairman c r'c 53095 Main Road Serge Doyen, Jr. w at P.O. Box 1179 James Dinizio, Jr. O Zc Southold, New York 11971 Robert A. Villa y?J O� Fax (516) 765-1823 Lydia A. Tortora �( �a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4333. Upon Application of FRANK PALUMBO, as Contract Vendee. (Owner: Genevieve Staley) --Variance based upon the August 16, 1995 Notice of Disapproval from the Building Inspector, Article XXIII, Section 100-239.4A(l) for permission to construct a new dwelling within 100 feet of the top of the bluff or bank of the Long Island Sound. Location of Property: 3200 Sound Drive, Greenport, NY; Parcel No. 1000-33-1-7; Eastern Shores Lot 108, Section #4. WHEREAS, a public hearing was held on September 13, 1995, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. BASIS OF DISAPPROVAL. This is an application based upon the following Notice of Disapproval from the Building Inspector to construct a new dwelling, which Notice dated August 16, 1995 reads: " Disapproved on the following grounds: Under Article XXIII, Section 100-239.4A(1) proposed construction is less than 100 ft. from top of the bluff or bank. Action required by the Zoning Board of Appeals. Action also required by the Suffolk County Dept. of Health...." 2. CODE REQUIREMENTS. Article XXIII, Section 100-239.4A(1) reads: "...Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) All buildings located on lots adjacent to sounds or upon which there eadsts a bluff or bank landward of the shore or beach shall be set back not Page 2 - Appl. No. 4133 • Matter of FRANK PALUMBO Decision Rendered September 13, 1995 fewer than one hundred (100) feet from the top of such bluff or bank...." 3. PROPERTY DATA. The premises in question is presently owned by Genevieve Staley who acquired the property in 1986. The property has always been vacant land, and is shown on the Map of Eastern Shores Section IV as Subdivision lot 108. The width of this parcel is 100 feet along Sound Drive and depth 294.35 feet along the westerly property line. The total lot area, including the area below the bluff down to towards the highwater mark, is 29,116 sq. ft. as shown on the survey surveyed August 13, 1995 by Roderick VanTuyl, P. C. The survey map shows that the area south of the bluff line has variable contours, between 38 feet closest to the road to 46 feet above mean sea level moving towards the bluff lines. 4. PROPOSAL. This application is a request to locate a new dwelling with a setback of 55 feet at its closest corner from the top of the bluff (bank) shown on the August 13, 1995 survey. The location of the proposed dwelling is shown closer to the bluff than it is to the road (front yard) which is 67 feet at its closest point. 5. OPINION. An engineering report has been submitted by J. Fischetti, P.E. based upon his inspection of the vacant land on August 24, 1995. It is the engineer's opinion that the construction of this home at the location shown with an excavation limit of 50 feet would have no detrimental effect on the existing bank by allowing for rainfall runoff to run in a southerly direction from the bank. 6. PURCHASER'S AGREEMENT. At the hearing held on September 13, 1995, Mr. Palumbo agreed to restrict the area north of the house to remain open without buildings or swimmingpool structure. It was also agreed that grading for new landscaped areas must be done to keep surface water runoff directed toward the south, and that there would be no excavation within 50 feet of the present bluff line shown on the survey map. 7. OTHER TOWN AGENCY JURISDICTION/ REVIEW. Submitted for the record is a copy of the written authorization issued by the N.Y.S. Department of Environmental Conservation dated August 30, 1995 ref. 1-4738-01175/00001-0 with precautions noted therein. The variance, as alternatively granted, is subject to the same precautions with the alternative setback, noted in this determination. The Board of Southold Town Trustees by its letter of August 25, 1995 has determined the project is not within their jurisdiction. 8. EFFECTS OF RELIEF REQUESTED. It is the position of this Board that in considering the relief requested that: Page 3 - Appl. No. 933 Matter of FRANK PALUMBO Decision Rendered September 13, 1995 (a) the location of the new dwelling, as proposed with an attached garage, may be repositioned to an area closer to the south away from the bluff while maintaining the established character of other dwellings built near the bluff; (b) an alternative location further away from the bluff will not be an alteration of the essential character of the neighborhood due to the nature of the layout and characteristics of this site, and the setback will be generally similar to those existing in the area; (c) the benefit sought to be achieved by the appellants cannot be achieved by a method other than a variance under the zoning regulations; (d) the grant of alternative relief claimed will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood since the applicants have agreed to restrict the area 50 feet between the house and the bluff from any excavation or adverse activities which would affect the land area and stability of the bluff; (e) the relief requested is not substantial when compared to those established in the area; (f) the relief requested is not self created; (g) as part of the "balancing concept," the Board finds and determines that the character of the neighborhood will continue to be preserve, and the health, safety and welfare of the community will not be adversely affected. NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Dinim' , it was RESOLVED, to DENY the relief requested for a variance at 55 feet from the top of the bluff, and TO ALTERNATIVELY GRANT relief for at setback at not less than 60 feet from the top of the bluff, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no land disturbance (such as excavation) north of the house for swimmingpools or any other construction; 2. That the setback of the proposed dwelling be no closer than 60 feet to the top of the bluff; 3. That hay bale berms (and/or railroad ties) be temporarily placed while construction activities are pending as a necessary preventive measure to prevent sedimentation or other alteration- + Page 4 - Appl. No.1033 Matter of FRANK PALUMBO Decision Rendered September 13, 1995 disturbance to the ground surface or vegetation within the area north of the proposed dwelling; and 4. That no swimmingpool structure or similar construction, or buildings, shall be placed within 60 feet of the top of the bluff line, as agreed by applicant during the public hearing. Vote of the Board: Ayes: Messrs. Dinizio, Doyen, Tortora, and Goehriuger. Opposed: Member Villa - who finds that a 72 ft. setback and 50 ft. front yard is a better alternative. This resolution was duly adopted (4-1). s s s 1k - GERARD P. GOEHRINGER, CHAIRMAN i� E April 15, 1996 Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 0 Re: Appl. No. 4374 - Setback Variance (Palumbo) Dear Mrs. Moore: Please find enclosed a copy of our Agenda of Hearings for our upcoming meeting on Wednesday, May 1, 1996. The hearing is scheduled for 7:30 p.m. and has been forwarded for publication by our department in this week's issue of the Long Island Traveler newspaper. Also enclosed is a Poster sign, which should be displayed as soon as possible on a post, tree, fence, or front of a building within 10 feet of both front property line and remain displayed for at least seven days. Please feel free to call us if you have any questions regarding this process. Very truly yours, Linda Kowalski MaryAnn Cybulski Noreen Frey Enclosures tT8Rck Va ei Q nc F ICE 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. OWNER(S) OF RECORD: FRMK+ LOUiSC Pli�-uMso DATE OF PUBLIC HEARING: •o .M. WFho) Y\AY Is lqq�6 P 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 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section ;67 of the Town Law'and the odeofthelon�'AffSoutl%� e following afc p ations wi held for pub earingsbe.r, �etheSOUTOLD TOWN ARD OF APPEALS, at the thold Town Hall, 53095 Road, Southold, New. 11971, on WEDNES- MAY 1, 1996, com- g at the times specified • 7:30 p.m. Appl. #4374 - FRANK AND LOUISE PALUMBO. This is an ap- plication under the Southold Town Zoning Code Article XXIV, Section 100-244 as amended 11-28-95 (which re- moved former subsection C thereof pertaining to former code setbacks for former sub- divisions), for a variance based upon the issuance of the Build- ing Inspector's March 22, 1996 Notice of Disapproval to con- struct a new dwelling with in- sufficient side yard setbacks. Location of Property: 3200 Sound Drive, Eastern Shores Subdivision ' Lot #108, Greenport, NY; County.Tax Map Parcel No. 1000-33-1-7. The requirements are for total side yards of 15 and 20, with a total of 35 feet oil this 27,400 s.f. parcel. 7:35 p.m. Appl. #4375 BRUNO AND FELICE SEMON. This is an applica- tion for a variance under Ar- ticle XXIV, Section 100-244B of the Southold Town Zoning Code, based upon the issuance of the Building Inspector's No- tice of Disapproval dated March 22, 1996 regarding a permit to construct addition to existing dwelling with insuffi- cient front yard setbacks. The present code requires 40 ft. for both front yards. Location of Property: 3665 Parkview Lane, Orient, NY; County Tax Map Parcel No. 1000-15-1-35. Green Acres Subdivision Lot #7 containing 22,000+-s.f. 7:45 p.m. App1. #4378 -JO- SEPH CORRETTI. This is an .application for a variance un- der the Southold Town Zoning Code, Article XXIV, Section 100-2448 for permission to re- duce front and rear yard set- backs for a new dwelling on which was deemed to have more than one front yard. The code requires a 40 ft. front, 50 ft. rear and 15 and 20 side yard setbacks on this 211200+- s.f. parcel located at 2285 Westview Drive. Mattituck, NY; County Tax Map Parcel No. 1000-107-7-1.1. • 7:50 p.m. Appi. 44377- DANIELE DUPUIS. This is an application requesting a Waiver under Section 100-26 of the Zoning Ordinance, based upon the Building Inspector's March 21, 1996 Notice of Dis- approval, in which applicant was denied a building p6nitit to construct a one -family dwelling. Under Article II, Sec- tion 100-25A enacted I/I/96, the subject lot is substandard in size and has been held in com- mon ownership with an adjoin- ing lot, 1000-137-1-14, re- ferred to -M M.S. Hand Com= bined,'tiolslRfitlS1106, 107, 108 (imptb4Wwith a single-fam- ily dwelling): Applicant altir natively will provide a more equal lot size by enlarging the dwelling lot (adding M.S. Hand Lot 9105 to the lot now con- sisting of # 104 and # 103). The subject property for which a waiver is requested is identified as County Tax Map Parcel No. 1000-137-1-15, located along Stillwater Avenue, Cutchogue, NY; also referred to as M.S. Hand Combined Lot Nos. 103 and 104. 'Zone district: R-40 Residential. 7:55 p.m. Appl. #4376 - SCOTT A. RUSSELL & ANO. This is an application requesting a Waiver under Sec- tion 100-26 of the Zoning Or- dinance, based upon the Build- ing Inspectors March 14, 1996 Notice of, Disapproval, in which applicant was denied a building permit to construct a one -family dwelling. Under Article Il, Section 100-25A enacted 1/1/96, the subject lot 1000-136-1-19 is substandard in size, is referred to as Eugene Heights Lots 78 & 79 fronting along Oak Street, and has been held in common ownership af- ter 1983 with an adjoining lot, 1000-136-1-29, referred to as Eugene Heights Lots #I 11 and #112 fronting along Harbor Lane, at Cutchogue, NY. The total combined lot area is less than 40,000 s.f and less than 150 lot width. Zone District: R- var,8:1M p.m. Apppl1 #4373- ',1, t 14ALD J. MAM. Ais is an application for a variance based upon the Building Inspector's March 19, 1996 Notice of Disapproval issued Under Article IIIA, Section 100=30A.2 whereby applicant applied for a building permit. for permission to convert ex- isting separate building for one - family dwelling occupancy, and/or to create a separate par- cel containing less than the re- quired lotarea, width and depth in thff R-40 Zone District. Building permit #12554Z is- sued 8/27/83 indicates the building inspector granted per- mission "to construct two-story non -habitable accessorybuild- ing." Location of Property 7735 Main Road, East Marion, County Tax Map Parcel 1000- 3 1-2-26, a corner lot, contain- ing a total area as exists of 25,210 square feet Addition- ally, the building as exists will not conform to yard setbacks for a principal dwelling and additional variances are neces- sary for approval as a principal dwelling conversion. The Board of Appeals will at said time and place hear any and all persons or representa- tives desiring to be heard in the above applications Written comments may also he submit- ted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the filets) be reviewed before the sched- uled date of the hearing for up- dates or new information. If you have questions, please also do not hesitate to call 765- 1809. Dated: April 15, 1996, BY ORDER OF "FHE SOUTHOL,D TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski I X-4/19/96(72) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn, says that he is the Editor, of the TRAVELER -WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler -Watchman once each week for ....................................... I................................ weeks ZZ successively, commencing on the ..................... day of ................. .................,19.E 11.1.;'.'.4�w ................................... Sworn to before me this......... .......day of 1916...........................^^......................,19. c._.l,ti Or .....:. ................................................................................ Notary Public BARBAPA A. SCHNEIDER NOTARY Put.1c, State of New York Qualific.I in Sufi,lk County Commission Expires 8/31/96 APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora 0 0 o��SUFFO(�=cO�i c� Gym HJ = 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 May 1, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4374 Project/Applicants: Frank Palumbo County Tax Map No. 1000- 33-1-7 Location of Project: 3200 Sound Drive, Greenport, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one family dwelling with insufficient side yard setbacks 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 X44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this 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 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. 0 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER =�O GLS 0 h = m • of OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4374 DATE: MARCH 27, 1996 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone(516)765-1800 Transmitted is an application for a variance submitted by Frank E Louise Palumbotogether with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, Short Environmental Assessment Form, and Zoning Board of Appeals Questionnaire Form, and survey. e Juith rry (/ Southold Town Clerk 0 0 PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax (516) 298-5664 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Dear Linda: Margaret Rutkowski Secretary March 26,1996 Re: Variance Application of Frank and Louise Palumbo Enclosed please find the following for the above referenced matter: 1. Notice of Disapproval 2. Application 3. Notice to Adjoining Property Owners Form 4. Environmental Assessment Form 5. Z.B.A. Questionnaire 6. 3 original and 2 copies of a survey last dated March 21,1996 7. Authorization letter of Doctor Frank Palumbo 8. Disclosure Statement (S 1"" ,, r./ �I 1-/ 9. Filing fee check in the amount of $150.00 Please place this matter on your hearing calendar. Thank you. Very truly yours, i Patricia C. Moore PCM\Mr Encls. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would producE'l0'A&I6o0diffIdbItles or unneces- sary HARDSHIP because See Attached 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 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) ) ss... ..... ........... COUNTY OF , 'w9rV44— Signature Sworn to this 3� ................ day of.......!}�G/7✓.........................., 19F4 ............................ Notary Public PATRICIA C. MOORE Notary Publlo, Stas of New York Suffolk Courtly. No. 4851 "S�� Commwelon EVkveJuno It"? BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Frank and Louise Palumbo' NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT Ralph W. Grover 6 Nancy C. Clevland PROPERTY OWNER TO: 3300 Sound Drive, Greenport NY 11944 Joseph Kane Priscilla C. Mulvaney 5 others 21 South End Avenue 521 Oakridge Drive, Cheshire, Cc 06410 New York, NY 10280 YOU ARE HEREBY CIVtNNOTTCE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a artance (Special Exception) (Special Permit) (Other) (circle choicel 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3200 Sound Drive. Greenport ME 11944 1000— 33-1-7 3. That the property which is the subject of such Petition is located in the following zoning district: 3 Tlsat by such Petition, the undersigned will request the following relief: Side yard Variance— Proposed residence is to be located at 13.5 feet (Westerly side yard) and 17.5 feet Easterly side yard) from the property line rather than the required 15 and 20 feet for a total combined side yard of 35 feet. S. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article vvrn Section 100_244 [ ] 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 exafnine 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-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: March 261996 Frank and Louise Palumbo by Patricia C. Moore Esq. Petitioner Owners'Names: Post Office Address Frank and Louise Palumbo Patricia C. Moore Esq. F n n,,,, 484 Ili Westphalia Road Mattiturk NY 11952 Tel. No. ( 516 ) 298-5629 [Copy of sketch or plan showing proposal to be attached for3TIAV0t%efte purposes.] rK;r f, ,..t .>,:yu4t~„tol{ nncy.:tN,ca .tnu,n,T'�oit„u i 0 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Ralph W. Grover & Nancy C. Clevland 3300 Sound Drive, Greenport NY 11944 Joseph Kane 21 South End Avenue, New York, NY 10280 Priscilla C. Mulvaney 521 Oakridge Drive, Cheshire, Ct. 06410 & others I STATE OF NEW YORK) ss. COUNTY OF SUFFOLK) Margaret. Rutkowski residing at Theresa Drive, Mattituck, NY being duly sworn, deposes and says that on the 26th day of March 19 96 deponent mailed a true copy of the Notice set forth an 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 Mattituck. New York ; that said Notices were mailed to each of said persons by (certified) (tegiatm ed) mail. Margaret Rutkowski Sworn to before me this 26th 76 day of • March '19 Notary Public FAM11 IA G MO0RE NNr- Pkaft sweat Nowliok •/NlOwwlq-N0. NEtlM a wrAw a metas im" 11.1ri.. (This side does not have to be completed on form transmitted toadjoining property owners.) , Z 259 958 908 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) Serr rd Sneer Ira No 21 South End Ralph W. Grover & Clevela '>111 I'd Np Ppsraye 3300 Sound Drive CI,WIdFee PC) ..ler- Intl LIF Code SP,, 1 Deliver, ee Greenport, NY 11944 ReetnCred Je,rvery 'ee $ .32 termed red Retwn reCeip'. SM1Owmg r0 Wnor Dare. av0 Addressees Addles __ 10 S{ Dalrvero ler ,ti $ 1.42 rR mt Return H,,,,, SInt,—ng Id N T1 Re 'I rl 'Jchvrry F9e 7 1 1.42 $ i Ronin. Recant S'dedr, m Wnom & Date Deirvered' Romrn Reco.pr Slowing to whom, Date, Intl Addressee's Adt utrAi Posagr- $ 1.42 & tee, P,,Vmark or Dare Z 259 958 902 Receipt for Certified Marl No Insurance Coverage Provided Do not use for International Mail .«... sEwr. ISee Reverse) S"r'd Joseph Kane —� Sneer Ira No 21 South End Avenue PD Sta'.eand71PCede New York, NY 10280 Ppsraye $ .32 CI,WIdFee 1.10 SP,, 1 Deliver, ee .. ReetnCred Je,rvery 'ee Return R,,ertShow-dg m Wnom & Date Delrvemd Retwn reCeip'. SM1Owmg r0 Wnor Dare. av0 Addressees Addles TorAi PJSrag, & I, $ 1.42 Postmark or Date Z 259 958 907 Receipt for Certified Mail No insuranCe Covctagc Pr' -,sided Do not use 'or !wercat.onal Mail �,r.r�orrE (See Reverse) Priscilla C. Mulvaney & of serer and No 521 Oakridge Drive 4 ) Stare ad -. LP Code Cheshire, CT_ 06410 Postage $ .32 Ceruaed For 1.10 Sp 1 nci♦ F Ren,r� Hecemi Snowing — _ —��� ro Whom & DIm De.rverrd Return H,,,,, SInt,—ng Id N T1 Dare. arc Addressee's Add,,, s rc-A-Pa,:a,;,„ 1.42 $ & lee Postmark or Dare 2555 Youngs Avenue, Unit 17A Southold, NY 11971 March 26, 1996 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 Dear Ms. Moore: I, Frank Palumbo of 2555 Youngs Avenue, Unit 17A, Southold, New York 11971, hereby authorize you to make an application to the Zoning Board of Appeals, Town of Southold on my behalf. Very truly yours, 0 0 IA.re.ltren +ata 61711 SEOR ?ROJEv I.O. •NUMEER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only er.. Ln by Aenlicant Or ProieCt sconscri t. APPLICANT ISPONSOR Frank and Louise Palumbo I . PROJECT NAME Palumbo Variance 3. PROJECT. LOCATION: Southold County Suffolk MUNeieallty A. PRECSE LOCATION IStreat aoareaa we mea imenacttem. Prominent Ianannarm ne., W Pre,n4a meet 3200 Sound Drive, Greenport S. IS PC MOPOSED ATON: H NM Cl Ssaanaion Q MoolflptloNiHMtlan E. OESCRISE PROJECT aRIVLY: Side yard variance 7. AMOUNT OF LINO AFF?C'TEJ: initially - acres Ultimately - aan J. WILL PROPOSED O;AC:.CN COMPLY WITH ECISTING ZONING OR OTHER =GSTING LINO USE RESTRICTIONS? [_Yea %No It Na, desenae anafly Variance for side yards 9. WHAT Is PRESENT LINO USE IN VIC:NITYt�O;F PROJECT? ' fOlRniasntlal i`Cnauatnal QGmmMim CAgnaettum Q PanuFer"VOean aoacs Ll Omer Oeacriar. , le. DOES ACTIGN INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULIIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY IFEOER tL STATfE�1OR LOCAU? 6.; Yea No II yes. list agenenst ane oermtuanoraya", , n.I� DOES ANY ASPEG OF 11E Art„N HAVE A CJRRENTLY VAUO PERMIT OR APPROVAL? L; Yea IXN^ 11 yew !Iat agency name And darmiUaeerayal a• AS A RESULT OF PROPOSED ACTION WILL EROTING PERMITIAPPROVAL RECUIRE MODIFICATION? ❑Yea ON. I CERTIFY THAT 711E INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE j Frank Palumbo Dose 3/23/96 Aoatianmoon er} cmc signalure- It the action is in the Coastal Area, and you are a state agency, complete the - Coastal Assessment Form before proceeding With this assessment OVER I (Continued on reverse side) 0 0 The N.Y.S. Environmental Quality Review Act reauires submission of this Para, and an enviranmenul review will ue mdae Ly "..Is board before any action is taken. SHORT EWMONMENTAL ASS-cSSNENT FORM INSTRUCTIONS• (a) Ia 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 eepe=ed that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be siq- aificant and completed Environmental Assessment Fora 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 at Land? Yes a )/ NO 2. Will there be a major change to any uni.cue or unusual Land fora on the site? _Yes 410 3. Will project alter or have a large a :act on / an e.'cis._ng body of -dater? - _Yes V No 4. Will project have a potentially large impact an / groundwater quality? _Yes V vo 5. Will' project significantly effect drainage flow V/ as adjacent sites? _Yes V /To 6. Will project afaect may threatened or endangered / a.Lant or animal species? _'les V no 7. Will project result in a major adverse effaet on air quality? Yes V .Yo 3. Will oroject have a major affect on visual char- acter of the cammunitj. or scenic views or •ristas / Inown. to be important to the community? Yes V110 9. Will project adversely impact any site or 3t=uct- ure at historic, pre -historic, or paleontalogiuL importance or any site designated as a critical eavi:cnmental area by a Local agency? _Yes No 10. Will project have a major effect on existing or future recreational apportunities? _Yes V :To 11. Will project result in major traffic problems or Cause a major etfsct to e:tlstinq transportation systems? _Yes _Ba 12. Will project regularly cause objectionable odors, / noise, glare, vibration, or electrical disturb- `// mice as a result of the project's operation? _Yes 110 13. Will project have any impact an public health or safaty? rtes `To L4. Will project affect the e.¢isting community by directly causing a growth in permanent 000ula- tion of more than 5 percent over.a one-year Yes 4. period or have a major negative effect on the character of the community or neighborhood? LS. IS there public controversy concerning the project? Yes _o 2reparer's Signature: Representing:Frank Palumbo Date: _ .�� 2zA 91,75 _ .23 0 0 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) NONE' B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes {X ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( ) Yes O<) No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? NO 3. Is the property bulkheaded between the wetlands area and the upland building area? WO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? Nb E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? /VP If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? _(V If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? IVO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ,Pr, 3�///frr- and proposed use jo�NrJ.4� Auted�Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5.84 by L.L. No. 6.19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: –! J ' Li AT TI DAL WETLANDS: (1) 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 tide are covered by tidal waters to a maximum depth of five (6) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land," as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2.25.55 • PATRICIA C. MOORE At omey at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 :I L V Tel: (516) 298-5629 --,. Fax: (516) 298-5664 I APR - 3 190 April 1, 1996 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Variance Application of Frank and Louise Palumbo Dear Linda: Enclosed please find the Disclosure Statement for the above referenced matter. Please attach it to the variance application documents that were previously submitted to you. Thank you. Very truly yours, Patricia C. Moore PCM/mr Enc. 9 DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Frank and Louise Palumbo. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practitioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Frank and Louise Palumbo before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: March 26,1996 7 p�':_ � - c.:/ ., ��. �,,,, - ,� f _ / ,/°'.-. 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