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HomeMy WebLinkAbout4450 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box l 179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appl. #4450 ACTION OF THE BOARD OF APPEALS December 12, 1996 APPLICANT: ANTHONY & GERTRUDE SILVESTRI PROJECT SITE: 2175 Harbor Lane~ Cutchogue. 1000-136-1-15. BASIS OF APPEAL: Building Permit #23680 issued 9/13/96 which was issued in error as to side yards by Building Inspector, resulting in a Stop Work Order and Nov. 25, 1996 Action of Disapproval by the Building Inspector. RELIEF REQUESTED: Side yards at 13 ft. instead of the required 15 ft. minimum, and the remaining side yard at 13 ft., which is in conformity with the 10 ft. minimum requirement. FINDINGS OF FACT: 1. Property size is 9375 sq. ft. 2. Building Permit #23680 was issued in error as to one side yard for 12.5 ft. instead of the required 15 ft. 3. Subsequently, the foundation was placed and the November 8, 1996 foundation survey shows the actual setbacks to be 13 ft. and 13 ft. 4. Upon receipt, the Building Department about Nov. 18, 1996 issued a stop work order, later issuing an Action of Disapproval referring the matter for variance consideration by the Board of Zoning Appeals. 5. The variance application was filed with the ZBA on November 26, 1996, and the notice requirements were complied with by publication at least five days before the December 12, 1996 public hearing. 6. Based upon the error of the Town Building Inspector in issuing a building permit with an insufficient side yard, and allowing property owner to proceed to the present time, the Board Members found there is no alternative under the town's zoning regulations except to grant the requested side yard variance of two feet (13 ft. instead of 15 ft.). MOTION MADE BY: Member Tortora SECONDED BY: Member Villa ACTION/RESOLUTION ADOPTED: Granted setback at 13 ft.~ and the remaining side yard at 13 ft.~ as requested and shown on the survey of foundation dated November 8~ 1996. VOTE OF THE BOARD: Ayes: Serge Doyen, James Dinizio Jr., Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer. This resolution ~ GERARD P. GoE~IRINGER,/CHAIRlg N RECEIVED AND FILED BY THE SOUTHOLD TO'~VN CLERK Town Clerk, Town of Southold APPEALS BOARD MEMBERS ~O~~SUfF~(,~-COG Southold Town Hal] Gerard E Goehringer, Chairman 53095 Main Road Serge Doyen y z P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora OI ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 12, 1996 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, DECEMBER 12, 1996, as noted below: 7:15 p.m. Appl. No. 4450 - ANTHONY SILVESTRI. This is an application for a Variance based upon the November 25, 1996 Action of Disapproval by the Building Inspector under Article XXIV, Section 100-244B, in which a permit application was approved under Permit #23608Z for a new dwelling at side yards of 12.5 ft. and 12.5 ft, and upon receipt of a foundation survey, construction was halted in order to proceed with an application for a variance, for the reduction of the sideyard (confirmed as built at 13 feet rather than the code's required 15 feet.) Location.. of Property: 2175 Harbor Lane, Cutchogue, NY; Parcel ID #1000-136-1-15. 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 before the end of the subject hearing. The above hearing is in addition to other hearings formerly advertised. If you have questions, please do not hesitate to call 765-1809. Dated: November 25, 1996. SOUTHOLD TOWN BOARD OF APPEALS 53095 Main Road, Southold, NY 11971 x - • FORM NO- 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL - DATE: ..NOV M 14R .25, .199fi Anthony Silvestri To 142-29 248th St. Rosedale, N.Y. 11422 TARE NOTICE that your application dated 19..96__ for permit to CONSTRUCT A SINGLE FAMILY DWELLING at Location of Property ...•2175 HARBOR LANE SOUTHOLD' . N.Y. . . . . House No. Street Hamlet County Tax Map No. 1000 - Section ....136.... BLOCK LOT ...15 Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds INSUFFICIENT SIDE YARD SETBACK 15'. A NON-CONFORMING LOT CONTAINING LESS THAN 20,000 SQ. FT. IS REQUIRED TO HAVE ONE SIDE YARD OF 15' BOTH 25'. ARTICLE XXIV CHAPTER 100-244B. ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. NOTE: THIS IS AN AS BUILT FOUNDATION AS THE FOUNDATION ONLY AT THIS DATE HAS BEEN INSTALLED UNDER BUILDING PERMIT #23680-Z. 01 S (0 ro 'a =1 -W G INSPECTOR GARY J. FISH RV 1/80 • FORM NO. 1 3 OF PANS • . - - - . • - TOWN OF SOUTHOLD SURVLY BUILDING DEPARTMENT CHECK t . . . . AUG 2 6 I''; TOWN HALL SEPTIC FORM ! SOUTHOLD, N.Y. 11971 _a.,. € TEL: 765-1802 NOTIFY: BLDG DEPT TOWN OF SOUTIiQLO _-...J S- CALL , oZ 3(9 3 O l~- Rxanirmol....-.C!/22 MAIL. TO: Approved.-....1 19, lennit Nu- Disapproved a/c (IAuild'rg nspoector) APPLICATION FOR BUILDING PERMIT Date...,,.....,, 104. INSTRUCTIONS a. '[his application most 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 most be drawn on the diagram which is part of this application- c. 'the work covered by this application may not be commenced before issuance of Building Pennit. d. Upon approval of this application, the Building inspector will issue 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 Occupant' shall have been granted by the Building Inspector. APPLICATION IS UElWBY HUE. to the Building Department for the issuance of a ]building permit pursuant to the Building Zone Ordinance of the Town of. Southold, Suffolk Canty, New York, and other applicable caws, 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 sing code, and regulations, and to admit authorized inspectors on premises and in buildi fo cessary in Lions. (Signature of a tentf e,a orluration) (Mailing address of applicant) 119 LL. Stake whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Cm A'TbM m~ eu r c- ~ .t-t., e-R Nam of owner of premises Jy?.;1!~...I~uoJ•f 0Li F1r4,D /yl.4D.C_LI(VE'... 13U~f vwl (as on the tax roll or latest decd) If applicant is a corporation, signature of duly authorized officer. • ..................1`:l.. (Nine and title of corporate)I officer) Builders License No. Pludmers License No- s owe,oi~.04C -JG~t~mcmmT Electricians License No, knv-.m ,)cC-Anti m-d'q'T Other 'IYamle's License No, Aq y J m "t~T 1. lcsaLion of lard on which proposed work will be done P-.....---C~~~r,.~ ~e...Nj. House Amber Street Iladet County Tax Map No. 1000 Section ?..f?..... Block lot ...1, S Subdivision m ..°'F,. ~~z•?.e,!~{~l y;T3, Filed Map No. ..rQS Int..I.t•J.:y.Jy~` X1'3 (Nam) 2. State existing use and occupancy of premises and intended use and oc~c7~pancy of proposer] construction: a. Existing use amyl occupancy Vl*.rlr L..... wj um 1d 1oJ ~ L oT m v e 6.l:^!~.. . b. Intended use and occupancy f.ls. 7. Nntore (I f. work (clieck ritirlt al>[dica) le): New IAliIdiTIP V..-... Nklition Alteration 14:Ixtir I"ItimaI I"MIitioil Other Work (Descr i pC ion) 4. ISst invited Chet fee _ (to be paid on CiIing this rippl.ication) g ,a S 'i. If rAA!IIhig, ixnimr of owp 1.1 ins Units IAnirr of tkaell iog molts oo each floor- 1.....\t"~c !3kr N§(1) If garage, otwwr of cars y If bositess, cnmercial or mixed mmrrincY, sIlecif unture nrxl extent or endt t: y f.... - Yfx' of use 7. Dilnermims of existing stnrctures, if arty: Front......'... Rear Dept-h Ile ight M.rirer or Stories Dinenriorls of sane stnrture with alterations or aklitions: Rroot Rear Depth Ileil~lt Rimer of stories it. binrusi(xts of entire new constroctioa: lrtroi 1...... Rear ....Z Depth 6,../ [ V IleilJrt I.U Nudrer of SCorie. j............... i 9. Size of lot: Pnn11. 7. } Rear :7. Depth .(.Z con;ru,cT q/r; /yG .3 u,~,r ai.J "~b11 N + y1/(++=Pc(ia 10. Date of 1ltrchase Nano of Footer (~srr • c c/~sc"""y/ii'15G p II. 7Ioe or use district: in rdnich premise.. are s txlnted J\ .AV- 17. Ives prolloscd cooillwti(nl violate any zoning It", onlinattce or regulation: I'I. Will lot Ile regraded NP ........y /Will excess fill Ire retrrrve(I Crnn premises: YRS CiD AA 'I -k r --L L, ~.St 71u~f` 525- I/t. Mmes TIC: Qmter of prernises .C-kM.t.?. rk...-/.....7xf.. /xklre.^,s . (q L~~ 7 lllotw Ik,. .-3. 3.0 P^ ~FFVK5 e~p l~oD2'p o L r ybc2 1/77- 6Y Mate of Archil:e-t ...,_j~-v7 GY 47 Address .....F ln4f wr............ 11 roan No. . VV, v e °Z N:.ne of Contractor ..~.(..~....S. r. S.v~"~G'~ fvklress More Mo . 15. Is Ibis p",pet Ly within 7(70 feet of a tidal we.tlatxl? * YFS Imo *IF YIFS, RVIIA9D IUM 'IRUS'ILf.S E1i1dllT MAY lAi REXAMR1:D. PLOT DIAGRAM Itx:ale clearly ,11x1 distinctly all lnzildings, uI elher existing or proposed, anal imlicate all. set-Ilack dinrnsionf frun property lines. Give street still block rxmiser or rksscriptiorl according to deed, still slow street TInrwr still irxlicnte rArether interior or conler lot. See Sur V( t~ a ra cD . SI'Rlli IT, M1d Y(AW, y S u SS (1A1f11Y(A' f.CYI).`.~o~l. ~ve. T Ixeing duly sworn, delnses ntxl says that be if the appl.icanl: (Nmr of itxlivit ten 1. signing coif racC) alxrve o~rx:rl, CJ'.!~i!-nt . . (~~j y}-SUF.-.S.OwrJ C/r- rl'S ots Ik' is (be (('snt(raclnr, ngeol., corlxtrar.e officer, etc.) of said oser or users, rltxl is dilly :11JI110ri7e(I to rerfotm or have Ire-lo nod O e said work Dill to nnIm arxI Mr, this applicatirnt; 111,11 all stal.emnl:r, ctntnited iu this n1l7li.cation are trite to the Iesl: of. his ktxrwledge ntxl bvtief; null OmL the work will. Ire Ierfonted in the ttritmer set forth ill the a111licnti.or filed llterewi.lh. 9woro to before rte this L~?.-....-.day of .!'.C.V.S"SF ..19.`x.... Notary 11tblic ../.i. ? (Sign,1i:vt-e of 1711licant) , PW J. Cardinale e s fk 1 µ,11,11y puMc, spate of New York yt jl o t ~I S / Mo. 52-4725lo9 - Suffolk Gotmty _ J CommUrtkm 5rgkee July 34r 9' RECEIVED ~~/a rf 96~ NOV 2 6 1996 ~l `3 U TOWN OF SOUTHOLD, NEW YORK 1~ Clerk Southold APPEAL Fl(OM DECISION OF BUILDING INSPECTOR APPEAL NO.'~SO DATE ..11/25/96 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) Anthon,y,,,Sily,e,,s_tri .....................of ,,,,,142 .29 . 24.8t.h S.t.r.e.e.t p66 Name of Appellant Street and Number ll9S~/ Ro ...................sedale........................................ .NY............ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 23680 9/13/96 APPLICATION FOR PERMIT NO DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Anthony Silvestri Name of Applicant for permit of 142-29 248th Street, Rosedale, NY . Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Building Permit (error by Building Inspector - issued permit in error) 1. LOCATION OF THE PROPERTY ....175 Harbor Lalne= Cutchopue: NY R-40 Street /Hamlet / Use District on Zoning Map District 1000 Section136 Block 1 Lot 15 ...._~__._..._._..........=.-Current Owner Anthony Silvestri and wife Map No. Lot No. Prior Owner. John Buerow and wife 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 100 Section 244 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) 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 ftx) (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 I request for a variance and was made in Appeal No..... N ../.A ....................Dated ~A............ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that side yard setbacks pursuant to S100-244 requires 10'-15' (total 25') setback; whereas foundation is located centered on lot with 13' and 13' side yards (total 26'). Building Dept. had originally erroneously approved survey showing 12 1/2' Ind 12 1/2' side yards. Building Dept. realized its error after foundation was constructed and sent stop work order. Form zBt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because lot is a pre-existing nonconforming lot. Applicant made application for building permit in the good faith belief that 12 1/2' and 12 1/2' (total 25') side yards were in conformity with zoning statute. This good faith belief was confirmed by the building department itself which approved permit for building with 12 1/2' side yards. Applicant constructed foundation at considerable expense ($12,000), had his surveyor prepare an as-built survey as attached hereto showing foundation placed 13' off side lot lines which was well within the 121/2' side lines shown in the building permit application approved by the building department. Much to the applicant's consternation when he presented the as-built survey,the building department realized its error and with apologies issued a stop work order interrupting with devastating results the applicant',s preplanned building schedule. 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 of the unique facts as set forth hereinabove. In addition, the-variance requested is not substantiaL_(In•fact, it would not even be necessary had the building department.informedlff,`_Nf the 10'-15' requirement rrThsrTh4,-Jerroneously issued its permit for 12 1/2' - 12 1/2' side yards.) 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because most of the lots in this area are pre-existing " and undersized and many have required similar relief to that which is requested herein. There will be no undesirable change in the character of the neighborhood, no adverse affect or impact on the environmental or physical conditions.in the neighborhood, no other method by which the applicant can proceed (since the foundation is already built pursuant to an issued and subsequently withdrawn building permit) and clearly the difficulty was not self-created by the applicant-. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) ignoture ANTHO SILVESTRI Sworn to this ..........Sth day of....Nodember 1996 Notary Public Juanne ragan _ Notary Public, Suffolk C Commission iisssi nffEv. 2990-9 9 Wo OF SOUTWO OPERTY RECORD CARD OWNER TREET 17,5 VILLAGE DISTRICT SUB. LOT e/Z~_~Z2_ Z Sh~ V2Sr' c~ 1-110 N 8 H' C_ l1 ~C' /I U v e '~*7 L/ t°~I E i ~J Iv, FORMER OWNER N E ACREAGE 91 /v/d # ok l rzw -i a7.F S W TYPE OF BUILDING 'IIV, tl e A :ES. SEAS. VL. 9 FARM COMM. IND. I CB. MISC. Est. Mkt. Value LAND Imp. TOTAL DATE REMARKS,/a/ fer d~a0 //J/ PJ, z z- a ' o '[!.t'•' i e.l ! i v^ n~ r n r-n to 0" 4 tG 9 117G5 1?_ q -~rocy c fia 0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD 7rTfi 4 6,6() Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 vVoodlond swampland ;rushlond -louse Plot Total APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman a < . 53095 Main Road Serge Doyen w x P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa 't.Jj • O~~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 22, 1996 Re: ZBA Application Filed for December 12, 1996 Hearing As confirmation of the time and place of your recent application, we enclose a copy of the Legal Notice which will be published by our office in next week's issue of the Long Island Traveler-Watchman, Inc. Also, enclosed is a Sign for posting by you or your agent. The sign must be placed at this time on a stake or other ground support, set back not more than 10 feet from the front property line facing the street where it can be easily seen by passersby, every day for seven (7) days, or more if possible. Note: The sign should not be placed on a telephone pole if the pole is not directly on the subject land. Once the sign has remained in place for seven days (or more would be preferred), please complete the attached Affidavit of Posting and return it, by mail or in person, to our office prior to the date of the hearing. If you have any questions, please feel free to call us. Very truly yours, Linda Kowalski MaryAnn Cybulski Noreen Frey Enclosures (3) zsE t.-y nc,~ to remove sign nti- clay c Note tc cans: the hearnna- Only s pen full clays is requirec s post_na, bUt it may, of ::nurse, remain longer. 'hank you. BOARD OF ApPEALS:TOWN OF SOUTHOLD ---^Y in the mat-ter of the Application of - - __--3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING Nib C;~d ~I --siding at /}~%,yy ~y ~ S v,~aJa ~r~ ~s tVY~ New York. being duiv sworn, depose and say: - ."hat on the day of cij~t1L1996. I ne'-'sopallY Hosted t4 r" property known as yj~~ /1i~'~/L ? by piacing the Town's or.iciai poster sign ten (10) Met, or closer, from the fzront property line where it can easily be seen from the street, and that I bare checked to be sure the poster has remaimed in place for seven full days prior to the date of the pubLic hearing (date of hearing noted thereon to be held z~ IL' 1~9 1 Dated: ( signature ) Sworn to before me Lhis j,11/ delay of_• I~rc 6cr, loo 14 No4ary p oa b(a0ao Notary Public, Suffolk County, NY #01 FA4991777 Commission Exp. 2-10-99 DEC 09 '9E 09:15RM SOUTHOLD TOWN HRLL ~ 1-155 1823 P.2 specific earcai(s), notics shall be provided pursuant to Chapter Sa, I. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter Sea NOTICE OF PUBLIC HEARINGS 1. 5a-1. providing Notice of Public Hearings. Whenever the Cade calls for a public hearing, this section shall apply. Upon determining that an applica- ticn is complete, the board or commission reviewing the same shall fix a (It add tfanas space is aeadeal, aUaeh pas the same size as this sheer, and aur"hL each.) time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice; A. BY causing a notice giving the time, date, place and nature of the hearing to be pubiished in the official newspaper within the period prescribed by law. a. 5y requiring the applicant to erect the sign provided by the Town, which shalt be prominently displayed on the premises `acing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set bark not more than ten (10) feet from th9 prop- erty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall rite an affidavit that s/he has complied with this provision, C. Sy requiring the applicant to sand notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in the applica- tion. Such notice shall be made by cernfied mail, return receipt re- quested, posted at least seven (7) days prior to the date of the'ntifai public hearing on the applirAtidn, and addressed to the owners at the addresses listed for them an the local assessment roll. The applicant or agent shall rile an affidavit that s/he has complied with this provision. E V4 2 PLaase ~~e a d less ~ I 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, E Southold, New York, concerning this property. OWNER(S) OF RECORD: ANT40t~q mmo DATE OF PUBLIC HEARING: 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 a 179 4a rh h r La. Cu+ 0 APPEALS BOARD MEMBERS ~o~~SDFFO(~ coG Southold Town Hall y~ Gerard P. Goehringer, Chairman 53095 Main Road ~ .c Serge Doyen u°~ x P.O. Box 1179 James Dinizio, Jr. O • Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 25, 1996 FACSIMILE TRANSMISSION Attn: Pat Long Island Traveler Traveler Street Southold, NY 11971 Re: Legal Notice for Publication December 5, 1996 Dear Sir or Madam: Please publish the attached Legal Notice for publication in the December 5, 1996 issue of the L.I. Traveler. After it is published, please forward one (1) Affidavit of Publication to our office. Thank you. Yours very truly, Linda Kowalski Attachment: Single-page Legal Notice (Hearing Date: 12/12) / V COUNTY OF SUFFOLK D® al, DEC 2 6M ROBERT J. GAFFNEY 'L SUFFOLK COUNT' EXECUTIVE L, STEPHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING December 20, 1996 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Pascoe, David & Bonnie 4437-SE Kid N'Round/Tenant (A. Pirrera, Owner) 4439-SE Syverson, Adlyn 4440 Rossi, Fred & Ruth 4441 Aichinger, Roswitha 4444 Silvestri, Anthony 4450 t Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:1W P W IN601WPDOCSIZONINGIWORKINGILDSNECEMBEMD4421. DEC 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND, NY 11788.0099 ¦ (516) 853-5190 ¦ FAX (516) 8534044 APPEALS BOARD MEMBERS ~~gUfFO(,~ y~ CMG Southold Town Hall Gerard P. Goehringer, Chairman = yj 53095 Main Road Serge Doyen u°a Z P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa 'f'•j~O1 ~aO~ Fax (516) 765-1823 Lydia A.Totter a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 2ur5'idI!t to AS'._.^:'e 7 of he Suffo_U< COllRty ~ClR.L'LS`3`V2 Code, The Board or ?1 2~ 5 of t.e Town of Sourhzld, New Yort, he ebb _e_e_"S e follcwing to the Suffolk Counr-J Planning C ranissicn: XX Iariance from the Zoning Code, Article XXIV Section 100-2448 Variance from Oetermination of Southold Town Building inspector Special Exception, Article Section Special Permit Appeal No: 4450 applicant: Anthony Silvestri Location of Affected Land: 2175 Harbor Lane, Cutchogue, NY County Tax Map item No.: 1000- 136-1-15 fithin 500 `let of: Town or !tillage 3oundary Line XX_ Body of 'dater (Say, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary pr -_xist ng or Proposed County, State or Federal Park or other Recreation Area Existing or Propcsed Right-of-Nay of any Stream or Drainage Channel Owned by the County or for ghich the County has established Channel Lines, or luithin One 1ile of a Nuclear P-wer Plant .di thi n One :'iii le of an Airport Comments: Applicant s requesting permission to construct one family dwelling with insufficinet sideyard setback Ciplc~ 0' '.Jn -.c 3ng ^e lct°r] gp C'J lCicnl- _nC r]cpn-or your re-YTl e'%1. gate=~ 1aMlt4 # i APPEALS BOARD MEMBERS h~O~O$UFfO(/-COGy Southold Town Hall Gerard P. Goehringer, Chairman o° 1 53095 Main Road Serge Doyen w - P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Willa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM TO: Building Inspector Gary Fish FROM: ZBA Office DATE: December 13, 1996 SUBJECT: 1000-136-1-15 (Silvestri) Your Action of Disapproval dated 11/26/96 Attached is the ZBA action regarding the above matter, which we understand has been under a stop work order. Please make this part of all the recordsof the Building Department. APPEALS BOARD MEMBERS ~O~~gUFFO(~-COGS Southold Town Hall Gerard P. Goehringer, Chairman yt 53095 Main Road Serge Doyen ~°n z P.O. Box 1179 James Dinizio, Jr. O 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. #4450 ACTION OF THE BOARD OF APPEALS December 12, 1996 APPLICANT: ANTHONY & GERTRUDE SILVESTRI PROJECT SITE: 2175 Harbor Lane, Cutchogue. 1000-136-1-15. BASIS OF APPEAL: Building Permit #23680 issued 9/13/96 which was issued in error as to side yards by Building Inspector, resulting in a Stop Work Order and Nov. 25, 1996 Action of Disapproval by the Building Inspector. RELIEF REQUESTED: Side yards at 13 ft. instead of the required 15 ft. minimum, and, the remaining side yard at 13 ft., which is in conformity with the 10 ft. minimum requirement. FINDINGS OF FACT: 1. Property size is 9375 sq. ft. 2. Building Permit #23680 was issued in error as to one side yard for 12.5 ft. instead of the required 15 ft. 3. Subsequently, the foundation was placed and the November 8, 1996 foundation survey shows the actual setbacks to be 13 ft. and 13 ft. 4. Upon receipt, the Building Department about Nov. 18, 1996 issued a stop work order, later issuing an Action of Disapproval referring the matter for variance consideration by the Board of Zoning Appeals. 5. The variance application was filed with the ZBA on November 26, 1996, and the notice requirements were complied with by publication at least five days before the December 12, 1996 public hearing. 6. Based upon the error of the Town Building Inspector in issuing a building permit with an insufficient side yard, and allowing property owner to proceed to the present time, the Board Members found there is no alternative under the town's zoning regulations except to grant the requested side yard variance of two feet (13 ft. instead of 15. ft.). MOTION MADE BY: Member Tortora SECONDED BY: Member Villa ACTION/ RESOLUTION ADOPTED: Granted setback at 13 ft., and the remaining side yard at 13 ft., as requested and shown on the survey of foundation dated November 8, 1996. VOTE OF THE BOARD: Ayes: Serge Doyen, James Dinizio Jr., Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer. This resolution was unanimously adopted (5-0). lk- TRANSMISSION RESULT REPORT ....................(DEC 16 196 01:06PM)................. • SOOLD TOWN HALL 516 765 1823 (AUTO) DATE START -REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. DEC 16 0 05PM 516 722 4877 00'57 OK S 01 018 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL )TRANSFER! F)FINE P)POLLING a.n.. Post-ita Fax Note 7671 Date 12 / # of To pages `Y~ From Co./Dept. Co. Phone # Phone # Fax 4 _ Fax # _ 6 C:OUN Tl OF SUFFOLK LEGAL NOTICE SPATE OF NEW YORK ss: I~ BOARD OF APPEALS TOWN OF SOUTHOLD I'M, 1(1,1 C. I ollot, hcItig duly sworn, says that THURSDAY, "ho iS the Proclu( I lon Coordinator, of the TRAV- DECEMBER 12, 1996 LLER VVATCHN1,AN, a public newspaper printed NOTICE IS HEREBY G I VEN, pursuant to Section 267 at Southold, in Sulfoll: Counh~; and that the no- ol'the Town Law and the Code lice of \vhich tht, ann(,\(,d is a printed Cop1', of the Town of Southold, the ha,; been put)lishrd in Said Traveler Watchman following applications will be held for public hearings by the cit~Ce each bveek for SOUTHOLD TOWN BOARD weeks OF APPEALS, at the Southold _ u; Town Hall, 53095 Main Road, SLtCCeSSively, Commencjng on the Southold, New York 1197 1, on THURSDAY, DECEMBER day of.~.........•~' L . 12, 1996, as noted below: / 7:15 p.m. Appl. No. 4450 - ANTHONY SILVESTRI. This u"~.~.~:~.~ !tom/ is an application for a Variance based upon the November 25, 1996 Action of Disapproval by Sworn to before me this ........5 day of the Building Inspector under Ar- ticle XXIV, Section 100-244B, ,19....x..' in which a permit application was approved under Permit #23608Z for a new dwelling at side yards of 12.5 ft. and 12.5 ft., ................:..-:..............................................L............... and upon receipt ofa foundation Notary PUbIIC survey construction was halted in order to proceed with an ap- BARBARA A. SCHNEIDER plication for a variance, for the NOTARY PUBLIC, State of New York reduction of the sideyard (con- No. 4806M firmed as built at 13 feet rather Qualified in Suffolk Coup than the code's required 15 feet.) Commission Expires 8ll'~~~1 lcm Location of Property: 2175 Har- bor Lane. Cutchogue, NY, Par- cc llD #1000-136-1-15. 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 hearing is in addition to other hearings for- merly advertised. If you have questions, please do not hesitate to call 765-1809. 7 f r Dated: November 25, 1996 -~i SOUTHOLD TOWN ! BOARD OF APPEALS 53095 Main Road, o, 9 Southold, NY 11971 IX-12/5/96(27) JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR. OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4450 DATE: NOVEMBER 29, 1996 Transmitted is an application for a variance submitted by ANTHONY SILVESTRI together with Notices to Adjacent Property Owners; Zoning Board of Appeals Questionnaire; survey;; and other relevant documents. Ju id'-th T. Terry Southold Town lerk ~l ]~>.QC. II icf eari~ , JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 26, 1996: RESOLVED that the Town Board of the Town of Southold hereby waives the $150.00 filing fee for a variance to the Board of Appeals by Anthony Silvestri, whereas a building permit was issued, and at the foundation inspection it was discovered that there was an error, and Mr. Silvestri. must obtain a variance to the setback requirements. udith T. Terry ' Ju it Southold Town Clerk November 27, 1996 u/a 5/96 TOWN OF 5OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.'S'Ysd DATE ..1.1/25 /9 6 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. / 1 (We) ....Anthony„S,ilv~, .....................Of .....142-29 248th Street l3ex Name of Appellant Street and Number ` Y7 Rosedale NY ...............HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON 23680 9/13/96 APPLICATION FOR PERMIT NO DATED WHEREBY THE BUILDING INSPECTOR DENIED TO Antho_ny_-Si lvestri....__,. vName of Applicant for permit of 142-29 248th Street, Rosedale, NY . . aliry................... State . and Number Munici P Street.. ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) Building Permit (error by Building Inspector -issued permit in error) 2175 Cutchogue: 1. LOCATION OF THE PROPERTY H.a... r...b..o..r L..a.l..n...e., NY R_.40, Street /Hamlet / Use District on Zoning Map District 1000 Section136 Block 1 Lot 15 _.._••_,_._•_„___.__•_..-_._..........~.•Current Owner Anthony Silvestri and wife Mop No. Lot No. Prior Owner John BuProw and wife 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 100 Section 244 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) 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 flt6s) (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...... NZA ....................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that side yard setbal ks pursuant to S100-244 requires 10'-15' (total 25') setback; whereas foundation is located centered on lot with 13' and 13' side yards (total 26'). Building Dept. had originally erroneously approved survey showing 12 1/2' end 12 1/2' side yards. Building Dept. realized its error after foundation was constructed and sent stop work order. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because lot is a pre-existing nonconforming lot. Applicant made application for building permit in the good faith belief that 12 1/2' and 12 1/2' (total 25') side yards were in conformity with zoning statute. This good faith belief was confirmed by the building department itself which approved permit for building with 12 1/2' side yards. Applicant constructed foundation at considerable expense ($12,000), had his surveyor prepare an as-built survey as attached hereto showing foundation placed 13' off side lot lines which was well within the 12 1/2' side lines shown in the building permit application approved by the building department. Much to the applicant's consternation when he presented the as-built survey,the building department realized its error and with apologies issued a stop work order interrupting with devastating results the applicant';s preplanned building schedule. 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 of the unique facts as set forth hereinabove. In addition, the variance requested is not substantial.(In•fact, it would not even be necessary hod the building department.informedNy•.:"Xi the 10'-15' requirement fFthGrTh*-Werroneously issued its permit for 12 1/2' - 12 1/2' side yards.) 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because most of the lots in this area are pre-existing - and undersized and many have required similar relief to that which is requested herein. There will be no undesirable change in the character of the neighborhood, no adverse affect or impact on the environmental pr.physical conditions.in the neighborhood, no other method by which the applicant can proceed (since the foundation is already built pursuant to an issued and subsequently withdrawn building permit) and clearly the difficulty was not self-created by the applicant,. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) Signature ANTHO SILVESTRI 25th day of 1996 Sworn to this Y N.otary -Public Joanne rntlan Notary Public, Suffolk County u CeissionC Exp. 21979 9 BOARD OF APPEALS,TOWN OF 50UTHOLD_ CERTIFIED MAIL RETURN RECEIPT REQUESTED In the Matter or the Petition of Anthony Silvestri NOTICE TO r to the Board of Appeals of the Town of Southold TO: Linnea Zapulla PROPERTY OWNERS ; Salvatore Zapulla Lucy A. Steele & Janet Swanson Vera Doroski Patricia McArdle Robert C. White & Leona M. White YOU ARE IIEREBY GIVEN NOTICE: 1. That it i the intention of the undersigned to petition the Board of Appeals of the Mown of Southold to request .(Variance Special Exception) (Special Permit) (Other) [circle choice) 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 1000- 136 - 1 - 15 3. That the property which is the subject of such Petition is located in the following zoning, district: R- 40 -1 That b~ such Petition, the undersigned will request the following relief: Side Yard Set BAck Variance (from 15 feet and 10 feet Yann;red(fntal 2,51] to 13 feet and 13 feet for 26 feet total) 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signed are Article 100 Sections 267 (ail (3l and 244 6. That , a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Long Island Traveler-Mattit 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: November) 25;...1996 Petitioner Anthony Sil tri & owners' Names:. Post Office'Address 142-29 248th Street ose a e NY 11422 Tel. No. ~5i6 ) 71-~ V7 40Mb J [Copy of sketch or plan showing proposal to be attached for- convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM. ADDRESS f , STATE OF NEW YORK ss.: COUNTY OF SUFFOLK) Joanne Fagan residing at 321 Washington Avenue, amespor being duly sworn, deposes and says ihat~on the day of ovem er 19 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed al the United States Post Of- fice at Jamesport NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ~k Sworn to before me this J ANNE FAGAN e~ S day of Notlarn19 6/(, Notary Public SU^AN M. CA DINALE NOTARY PUOUC, State of New York No. 52-4699640 nualified in Suffolk Commission Expires X1997 . (This side does not have to be completed on form transmitted to adjoining property owners.) I Z 000 158 937, Z 000 158 939 Z 000 158 9-8 Z 000 158 941- Z t) 58 936 Receipt,EOr Receipt for Receipt for Receipt for Receipt for Certified Certified Mail Certified Mail Certified Mail Certified Mall 46 Mall - No Insurance Coverage Provided No Insurance Coverage Provided No Insurance Coverage Provided No Insurance Coverage Provided r No Insurance Coverage Provided Do not use for International Mail Do nat:use for International Mail I eri® Do not use for International Mail Ural I ~a;,LS.+Kr w Do not use for International Mail Do not use for International Mail (See ReverseY ~r~r w Mo (See Reverse) (See Reverse) rselte`e`""" (See Reversal (See Reverse) o ` dent to Sent m~KC~~ _ 'J~ _ - _Ll4_C~ tYi f J- an d Jh I ' r r f lu4 f,re - - Sireet antl No in et. and No ` SvYe~ oav Nb. - eetand NOS str band; NO. 1 ~.aj S1tratte and Zto Coale TO . St anMd ZIP Code - RO., State and ZIP Code -Pfc, State antlZP Code Postage Af 6>; NT N //~/S E i N ~3(o S P O ;State and ZIP Code S H I 1 36-r 04u(-* Ali A Postage 9 Postage Postage $ Postage ]9 yy ~a Y p~ ,.J $ s ~ S Job ' 1 Certified Fee 1.10 Certified Fee I /~1 Certified Fee Certified Fee Ccitified Fee _ ` 1 J u Special Delivery Fee l ! Special Delivery Fee Special Delivery Fee Special Delivery Fee - Special Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee t I .T Lh Return Receipt Showing I Return Receipt Showing O Retmn Receipt Showing Re urn Receipt Showing W Return Receipt Showing V I ` 1-0 b Whom & Data Delivered 1.10 _ W to Whom & Date Delivered 0 to Whom & Date Delivered to Whom Data Delivered E M to Whom & Date Delveretl I f L Return Receipt Shcwin Return Receipt Showing to Whom, t. Return Receipt Showing to Whom, a M, Return Receipl Showing to Whom, L Return FeneiptShowino to Wh I nor, 9 to Whom, Date, and Addressee's Aptness Date, and Addressees Address Y Date, and Addressee's Address Date, and Addressee s Ad res5 Dale, and Addressee's Address L TOTAL Postage` A u. t6 tp. Cr & Fees TOTAL Postage g TOTAL Postage, TOTAL Postage ~t TOTAL Fees Postage ` & Fees & Fees r ~o(P a & Fees M r 2 $ fie" _ t . O O O O :Postmark or Date a O Postmark or Ijate O Postmark or Date, O Postmark or Date Postmark or ate >t $ J O- 00 00 GO Lh C* U. o m .+y a` LL ~r ayC G LL V ..M ~ IL - 6! GO, k , C i 4 7 /r s f A 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.) ,71-. y d//ve-Sj-tj "M0 C~PTrudt lyGlre/ 14, 1 B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? { } Yes { No. (If Yes, pleaCP attach copy of "condit:imns" of sale.) C. Are there ,=7 proposals to change ar alter land cnntc=? { } Yes { No D. 1. Are there any areas which contain wetland grasses? /V 2. Are the wetland areas shown on the map submitted with this application? " 3. Is the property bulkhd between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? &/,& E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? - (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencers which esi_st and are not shown on the survey map that you are submitting? At Ill If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? 4 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? 4/o if yes, please explain where or submit copies of deeds. 1. Please list present use or operations conducted at this parcel V&*r7- I n r - ri.5,dcAr,e7 and proposed use gas q6 Authorize Sign ture 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 LL. No. 6-1985k T,r A. TIDAL 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 (5) 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 ndjacentto 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 z-^5-es Note to .Applicant: p~ease try not to remove sign until day of the hearing. Only seven -full days is required -for posting, but it may, of course, remain longer. Thank you. BOARD OF AFPEALS:TOWN OF SOUTHOLD -x In the Matter of the Application of ------------------------------------s COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1 residing at New York, being duly sworn, depose and Say: That on the day of , 1996, I personally posted R property known as " by placing the Town's ofncial poster sign ten (10) feet, 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 full days prior to the date of the public hearing (date of hearing noted thereon to be held Dated: 199_- (signature) Sworn to before me this day of 199 Notary Public specific parcel(s), notice shall be provided pursuant to Chapter 58. II. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. 58-1. Providing Notice of Public Hearings. whenever the Code calls for a public hearing, this section shall apply. Upon determining that an applica- tion is complete, the board or commission reviewing the same shall fix a (If add clonal space is needed, atsach page, this sheu, and num er each.) W9-D91Rw. 7.911 (Il time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. 8. By requiring the applicant to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the prop- erty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or hisiher agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every oropeny which abuts, and every property which is across from any public or private street from the property included in the applica- tion. Such notice shall be made by certified mail, return receipt re- quested, posted at least seven (7) days prior to the date of the initial public hearing on the application, and addressed to the owners at the addresses listed For them on the local assessment roll. The applicant or agent shall rile an affidavit that s/he has complied with this provision. r i specific parcel(s), notice shall be provided pursuant to Chapter 58. It. Chapter 58 is hereby added to the Town Code of the Town of Southold as follows: Chapter 58 NOTICE OF PUBLIC HEARINGS 1. 58-1. Providing Notice of Public Hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an applica- tion is complete, the board or commission reviewing the same shall fix a (If add anal space is needed, attach pag the sam+ size as this shr ..t, and num~er each.) COS-?]9lAc. 7.911 (I1 I time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the prop- erty line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts, and every property which is across from any public or private street from the property included in the applica- tion. Such notice shall be made by certified mail, return receipt re- quested, posted at least seven (7) days prior to the date of the initial public hearing on the application, and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. o V Pea se BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1 residing at New York, being duly sworn, depose and say: That on the day of 1996, I personally posted n property known as " by placing the Town's official poster sign ten (10) 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 full days prior to the date of the public hearing (date of hearing noted thereon to be held - Dated: 199. (signature) Sworn to before me this day of 199. Notary Public F's SUFFOLK CO. HEALTH DEPT..A ftOVAL H. S. N4.2t~~:.. rC~~ t ~r 4?,? f ~G~1 %f~ ~~?4r3~ 6 .w,~~~m } Y~A. C.~ ~ ~•:.,~„,,,n.r,..~:y ~ _.rt.f.:RS~, ...,;,Y,~,:,n~,ww.w.-,4..:.•,y 4c.T N sz'b 1, to" F. AT ! r1 I . ; " C I ..o . 3UFFO'LKCO.TAX MAr'4kc-MNATION: ' DIST. SECT. BLOCK PCL. w. } "T wIc Sti ;C: e ,4-q OWNERS ADDRE DEED. L. P TEST HOLE STAMP ~j" M ih,s survey ba 'dnla~inn M y - ,9a.un ]206 of iho New Yn rk r ~X Cduu'bon UAL urn ir n'Ihissuncymapnntboar6q y~,L~ tt v w -,o ~.•r!? l~ ` V,, ki,r surveynes htlfetl5€rlp &-bossed seal shall not be ronsid~yr W be a valid Wa copy. w C~Atr1 V SIAMz r Guaanteesindfc,;!edhereon:,nar", i• 0,-y to the person for vih.nno SW'Py - ~L IN Lx;,zreJ-,J on hi 7 ''.:I tatM _ Miu r'.T.pz•. "n.J~•a!:J e7.~rsy arp ' ~I4T lenor~,;. _,.,•vNarq toa(l.•.n:J G Lt ,e :e r-I.t rl T•, 1. i4 y~ iJ1:2~~ ~r 1"3 )r y.i tL,.l[:, •r SEAL 5 !"tyr .~"..l~i `.A,/ ^~,•r e k.^r'~}r Z',. ~s~x I'c'y f~ R~~~, ~'`Y'1e.~. .S y~:~!.t,1'~,j~'i r..wr ~~~11~;~f: hpr\jP~GK4g~~i? JE :DAs* `l _ A I RODERIC)( VN TUYL,PLC. A11"t IE0 6 . t, f9i. LICENSED LAND SURVEYORS }'t GREENPORT NEW YORK r,, r.~;r~~c ron uetn9