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HomeMy WebLinkAbout4319 I.-_. _ ~?C~ i v ~S/~ 3s°..4u.vsc- (//*9~ ~ 3.~s-v ~-o~t,~a~~i~l.Y~ ~eurN~c.,a r~ ` Adis .cS er; -LL _L(J e7 P9~ /~$Gf F=d- I ~O+J% Y~1-f'~^y ~~iG°/4Ct~ APPEALS BOARD MEMBERS h~o~~gUFFO(,~ ~oGy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. COD x P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y~1J ,rt. O` Fax (516) 765-1823 Lydia A. Tortora T ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: August 9, 1995 APPL. #4319. APPLICANT: YOSHIMASA OSATO. LOCATION OF PROPERTY: 35 Sunset Way and 3250 Cedar Beach Rd, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 91, BLOCK 1, LOT 15. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated May 18, 1995. "Insufficient front and setback required at 35 feet minimum, Article IIIA, Section 100-30A.3." PROVISIONS APPEALED FROM: Article IIIA, Section 100-30A.3. RELIEF REQUESTED: Setback proposed at 30.5 feet from the westerly property line along Sunset Way, for the corner of proposed deck, requires a variance. The amount of relief requested appears to be approximately 36 square feet due to the angle of the project. The setback from the northerly property line along Cedar Beach Road is shown as 35 feet (Code requirement). MOTION MADE BY MEMBER: Robert A. Villa SECONDED BY MEMBER: James Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Approved as applied with the condition that the deck not be roofed, and shall remain open as a deck, as requested herein. REASONS/ FINDINGS: The subject property is a corner lot with frontage along two streets. The amount of square footage necessary to afford relief is very minimal in relation to the requirement. Deck is proposed to remain open and unroofed. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member This resolution was unanimously adople Z-EIRARD P. EHR NGER, AIRMAN i- RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE OrJf_~~. Town Clerk, Town of Southold APPEALS BOARD MEMBERS ~~o~4gUFFU1;~-~oy~ Southold Town Hall Gerard P. Goehringer, Chairman < 53095 Main Road Serge Doyen, Jr. x P.O. Box 1179 James Dinizio, Jr. O y Southold, New York 11971 Robert A. Vila Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, AUGUST 9, 1995 commencing at the times specified below: 7:30 p.m. Appl. No. 4319 - YOSHIMASA OSATO. (Carryover from July 12, 1995). Proposed addition with reduced front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. 7:35 p.m. Appl. No. 4324 - RICHARD MAUTNER. Variance under Article IIIA, Section 100-30A.3 and Article XXIII, Section 100-239.4B, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant proposes to construct deck addition at the rear of existing dwelling which will have an insufficient side yard setback or insufficient setback from bulkhead. The subject property is nonconforming having a lot area of 16,875 sq. ft. and a lot width of 50 feet. Location: 2055 Bay Shore Road, also referred to as Lot 34 on the Map of Peconic Bay Estates, Greenport; Parcel ID #1000-53-4-12. Page 2 - Legal Notice-' Regular Meeting of August 9, 1995 Southold Town Board of Appeals 7:40 p_m. Appl. No. 4325 - THOMAS McCARTHY. Variance under Article IIIA, Section 100-30A.3, based upon the disapproval action of the Building Inspector dated July 18, 1995. Applicant is requesting permission to exceed lot coverage in order to extend porch addition to a size larger than that permitted under Building Permit No. 22881 issued 7/12/95. Property Location: 375 King Street, New Suffoli-, NY; Parcel ID #1000-117-07-8.3; also referred to as Lot 43 on the Minor Subdivision Map approved 6/13/94. 7:45 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. 7:50 p.m. Appeal No. 4314 - JAMES and BARBARA MILLER, Contract Vendees. (Owners/Sellers: Paradise of Southold, Inc. and Others). Continuation of hearing carried over from June 7, 1995 and further postponement from July 12th per request of attorney for applicant. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761-4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). This request is based upon the March 29, 1995 action of disapproval by the Building Inspector, wherein applicants are requesting a building permit to locate a new single-family dwelling, disapproved on the following grounds: Page 3 - Legal Notice" Regular Meeting of August 9, 1995 Southold Town Board of Appeals °1. This parcel of 1.79 acres is not shown on the Map of Paradise Point, Section One, as a building lot; Section 100-281A-7. Single and separate search required back to 1957. 2. Approval required by Board of Appeals to build single-family dwelling as a second use on this 1.79-acre parcel. R-80 Zane requires 80,000 sq. ft. of land area per use (or 160,000 sq. ft.), Article III, Section 100-30A. 3. Approval is required from Board of Appeals under Article XXIII, Section 100-239.4B for location of dwelling with decks at less than 75 feet from the existing bulkhead... 7:55 p.m. RE-HEARING of Appl. No. 4128 - BREWERS YACHT YARD, INC. i~ Based upon the July 12, 1995 Board Resolution, a rehearing is held to re-consider the use applied for by Brewer Yacht Yard at Greenport, Inc. on September 2, 1992, under Article XII, Section 100-121B(1), Special Exception #4128, for food services to its marina patrons and others. Subject premises is located in the M-II Zone District, identified as Parcel No. 1000-43-3-2. Street address: 2530 Manhanset Avenue, Greenport, NY. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If Page 4 - Legal Notief- Regular Meeting of August 9, 1995 Southold Town Board of Appeals you wish to review a file or need to request more information, please do not hesitate to call 785-1809 or visit our office. Dated: July 21, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: ..MAY 18j 1895 To YOSHI.MASA..OSATO 649 EAST 14TH STREET APT MG NEW YORK, NY 10009 PLEASE TAKE NOTICE that your application dated !1AY.1...... 19 95... for permit to CONSTRUCT A 10' x 14' ADDITION TO DWELLING at Location of Property 35 SUNSET MAX A3Z50 CEDAR BEACH xD .......,SOUIITHOLD_ NY House No. Street Hamlet County Tax Map No. 1000 - Section 91.... BLOCK .....L..... LOT .....15...... Subdivision......._ Filed Map No. .........Lot No. is returned herewith and disapproved..on,the following grounds .....UNDER ARTICLE III.A SECTION 100.30A_3 PROPOSED CONSTRUCTION WILL HAVE INSUFFICIENT FRONT YARD SET BACK. REQUIRED SET BACK IS 35 FEET MINIMUM. ' ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. . )n.......... I... BUILDING INSPECTOR . BOARD OF HEALTH - -FORM NO.1 `3 SETS OF PLANS ( TOWN OF SOUTHOLD /CHECK Y _ _ . ' MAY 1995 BUILDING DEPARTMENT / " " _ SEPTIC FOat1 ' • , . • . TOWN HALL _ SOUTHOLD, N.Y. 11971, v ~E TEL.: 766-1802 t:OT FY : 1 1 1 i ~4 r CALL `t 1. -a J Exaniined 19... t1AIL TO: Approved , 19 . permit No I Disapproved, a/c~'~t~ ..-.J~.. •4"?&... ; . (Building Inspector) APPLICATION FOR BUILDING PERMIT / Date 19/~ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with -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 street! or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws,.Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing de, and regulations, and to L admit authorized inspectors on premises and in building for necessary ' s e vo (Si atur_O f applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. 0W h r.......................................... . Name of owner of premises .Y 11-V"0-5 R.05a ~[(r ,l VuV~tf' 5~-rv (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No . . Other Trade's License No . 1. Location of land on which proposed work will be done . . 50 V00 House Number Street Hamlet County Tax Map No. 1000 Section ~l:. Block J.... Lot Subdivision Filed Ma No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction`. a. Existing use and occupancy e l 1t... 1` '1 b. Intended use and occupancy 3. Nature of work (check which app, ble): New Building Addition Y.! . • • • • • • Altc7ation Repair Removal Demolition r , Other Work . (Description) 4. Estimated Cost .k I Fee . (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor .Ifgarage, number ofcars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . 7. Dimensions of existing structures, if any: Front Rear Depth , . Height Number of Stories , . Dimensions of same structure with alterations or additions: Front Rear . Depth Height Number of Stories . 8. Dimensions of entire new construction: Front : Rear Depth Height Number of Stories . 9. Size of lot: Front Rear.............:........ Depth 10. Date of Purchase Name of Former Owner . 11. Zone or use district in which premises are situated . 12. Does proposed construction violate any zoning law, ordinance or regulation: . 13. Will lot be regraded . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . .......:........Address , Phone No............:.. . Name of Architect Address Phone No.......... . Name of Contractor Address Phone No. , . . 15. Is this property within 300 feet of a tidal wetland? *Yes........ No......... *If yes, Southold Town Trustees Permit maybe required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate, all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. TATS OF N€R S.S OUNTY OF L , ....v.0. Sk.( ~a SG_..C `mil( being duly sworn, deposes and says that he is the applicant ((Name of individual signing contract) rove named. sisthe.:,........C (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the zrk will be performed in the manner set fo th in the application filed therewith. :orn to before me th' / TV/\- ' 'day f\.~......, 19 / l ~taryPublic, County ~ CLAIRE L. GLEW NpIARY PUBLIC, State of New York Q No 4879505 Qualified in Suffolk County - (Signature of applicant) Commission Expires December 8,19 zCEt1/E(/5°~1s /`.may JUN 1 5 1995 s Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL No. DATE c.JLLLC e- 7 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. OSI.. 4U. ~!!L Sic .99zz~~ jj GY 1, (We) l,~ f'f..... . of ~-J~® //////~jjj b®~~(/ Name of Appellon SSt//reet and Number dV.' .....HEREBY APPEAL TO Municipality State THE ZOtAG BOARD OF APPEALS FROM THE DECISION OF THE 13UILDING INSPECTOR ON APPL1, 'ON FOR PERMIT NO DATED L. t....IT".... f7 5........... WHEREBY THE BUILDING INSPECTOR DENIED TO SI/t C dYIGL SR......._.. . C~ ° of v Name of Applicant permit -5~ C~ ~ L.............................. . treet and Number Municipality State t ) ?PERMIT TO USE PERMIT FOR j(?_CCUPANCY Ifs) Goa ~~tz-~C C cei i. ,LOCATION OF THE PROPERTY .Ge~t~.......1~......~~. ~S}~ Street /Hamlet / Use District on Zoning Map Olstr ct 1000 Section Block Lot 1_ _l ~ Q.I j _ . _ _ .Current Owner scc a Map o -Lot No. Prior Owner la A 1 • PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- sechan and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) krti'1i ASection )aO-,.3 3 TYKE OF APPEAL Appeal is made herewith for (please check appropriate box) ie~ VARIANCE to the Zoning Ordinance or Zoning Map „ j a VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons. Laws y z Art. 16 Sec. 280A Subsection 3 d~ P E /IOUs APPEAL A previous appeal (has (has not) been made with respect to this decision ts€ t; $ ilding Inspector or with respect to this proper y. $ur,)r peal was ( )request for o special permit j ) request for a variance tjrid ir2is mode in Appeal No .................................Dated ASON FOR APPEAL ( E~=A arionce to Section 280A Subsection 3 {5~'t xVariance to the Zoning Ordinance Sygr d for the reason that FormSt (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 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 ) F ss COUNTY OF ) Si nature Sworn to this day of......... otory Public CR- CC:2Y B. KOUL °AUDES NOTPAPY s=; F_1C, State cf New York ti=p, 32-[$2Ci:2I Q!a°ff€s+ in New Yoz,k County commission Expires Samar} 31, 29 s 3 n O' a °o I 4~~ 3 a 9 CL m m m O Z p P r ~ O D2 m C i3 O S m ` c r- v O< ry r- Ln 0z m O m O y I an N T o m O N M O 2., k-.,, o v ( E- < Z ',p tp p T T ~ -0 m p i ~ ~ 0 CZ rn 70 70 71; S S ~ Gil 1 a n I r G1 ~ p m m r t m I Gl O O Z Z I !!1 ;a CQ O° A ct p m cs. L ' A o O = a O n, ~ co C J e N c v~ c i I n ~s m Z I I 4L fi 17 O M v I x x x 0 a 0 o _ m n n m m m W J! 0 0 0 to; I fl ~ ~ s I I I M i y{ I I C I ~ dw t I ih I o ~'V rpsy~ I p o m ~ -n m o o m l " v 3 a o 1 o a o° S { O } I K I 3 O N = E I I O l { ~3 `J !~'a r ~ i l l I ' i o o m o` o I~ 3 3 ~ ~ ~ I I i rn rn p In j I ~ T vt l I O D S I O ~ ! i I ~ M ;'`f ~ ~ I v I i I I I I ~ I I i z co ° ? ^ o p ~ 1 I , I ; I I I I{'I ! I !i I I j l t l 11QL NU.201IZb9 WA "Y (51' MAP) u (5~ M00 N10;~7'25"E 52.14' N0e o Q G M 5 / I ~ :V « a I o- 12 21 C` C37 V)~0 N ~ n \~~fi~ loo o I ~ , , X24.2' . vil t , 33' I 6 zD.z• A FRAME N s y. GARAGE 4 ASPHALT DRIVE' ATTACHED o LOT 180 , zes 39' LLJ 4~ O a~ LOT 181 , / N 11 ' 99.83' U { SOB-55'30"W (too MAP) LOT 176 LOT 175 CERTIFIED TO: SURVEY OF FIDELITY NATIONAL TITLE INSURANCE LOT 181 COMPANY OF NEW YORK. MAP OF CHASE HOME MORTGAGE CORP. YASHIMASA OSATO CEDAR BEACH PARK j ELLEN VARADY SITUATE AT SOUTHOL D TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK +I LE 1" 30' JUNE 23, 1994 ISEMENTS AND/OR SUBSURFACE STRUCTURES X Ile LORDED OR UNRECORDED ARE NOT 7ARANTEED UNLESS PHYSICALLY EVIDENT V THE PREMISES AT THE WE OF SURVEY. BSI A ERICAN ENGINEERING SERVICES IARANTEES INDICATED HEREON SHALL RUN d surveyors - civil engineers 6b, RY TO THE PERSON FOR WHOM THE SURVEY IS -0'96 2EPARED, AND ON His BEHALF TO THE TITLE [rrys 0 a~ landscape archilects )MPANY, GOVERNMENTAL AGENCY AND FQ CA N D -7 NOING INSTITUTIONS LISTED HEREON, AND TO / 6 Union Avenue E ASSIGNEES OF THE LENDING INSTITUTION MRANTEES ARE NOT TRANSFERABLE TO Ronkonkoma, N, Y 11779 OITIONAL INSTITUTIONS OR SURSEOUENT OWNERS (16) 81-506J E OFFSETS(OR DIMENSIONS) SHOWN HEREON D FU THE STRUCTURES TO PROPERTY OR A SPECIFIC PURPOSEEANO,USE AND LINES MAP NO. 90 RfFORE ARE NOT INTENDED TO GUIDE THE FILED 12 O27 °CTION OF FENCES, RETAINING WALLS POOLS FIOS. PLANTING AREAS, ADDITIONS TO IDINGS ANO ANY OTHER CONSTRUCTION `C.T.M. DIST.1000 SEC. 91 RLK.01 LOT 15 /ic. n 49 64 F2400 30\0694M COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES. A.I.C.P. DIRECTOR OF PLANNING August 25 , 1995 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 applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number( Blevins, Oscar & Beth 4316 Osato, Yoshimasa 4319 Mautner, Richard 4324 McCarthy, Thomas 4325 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner UR:gcc 220 RABRO DRIVE ¦ P.O. 80X 6100 ¦ HAUPPAUGE, LONG ISLAND. NY 11788-0099 ¦ (516) 853-5192 FAX MIS) 853-4044 0 0 APPEALS BOARD MEMBERS ~~gUFFO(,~-C „yam ~Gy Southold Town Hall Gerard P. Goehringer, Chairman o° ~c 53095 Main Road Serge Doyen, Jr. fn at P.O. Box 1179 James Dinizio, Jr. G .te Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora * Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccamission: _ y Variance from the Zoning Code, Article IIIA Section 100-30A.3 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4319 Applicant: Yoshimasa Osato Location of Affected Land: 35 Sunset Way & 3250 Cedar Beach Rd., Southold, NY County Tax Map Item No.: 1000- 91-1-15 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to construct deck with insufficient front yard setback Copies of Town file and related documents enclosed for your review. Dated: August 17, 1995 40 APPEALS BOARD MEMBERS h~o~0S11FF0(,~ ~oGy~ Southold Town Hall Gerard P. Goehringer, Chairman o° .c 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD August 14, 1995 Mr. and Mrs. Yoshimasa Osato 649 Fast 14th St. Apt. MG New York, NY 10009 Re: Appl. No. 4319 - Variance for Deck Addition Dear Mr. and Mrs. Osato: Please find attached a copy of the Board's findings and determination rendered at our August 9, 1995 Regular Meeting concerning your recent application for a variance. For convenience purposes, we have forwarded copies of this determination to the Building Department for their permanent records. You may wish to contact the Building Department upon receiving the enclosures to obtain your final permit and eventually a Certificate of Occupancy from their office. In the interim you may be contacted by the Suffolk County Department of Planning pertaining to a $50 fee normally charged by the County for their review of variance and other projects located within 500 feet of a waterway or State or County Road. If you have questions pertaining to this determination, please feel free to call. Very truly yours, Linda Kowalski Enclosure cc: Building Department Suffolk County Department of Planning Illy S L ~ 0 fry Q tic o .~~~~\m 33- 0 ~i g1 tA I ~Q. I IL - 3 LOT 180 Us SQ_ " I N ~I U ti S08.53'3 ' LOT 176 I L.UT 175 SURVEY OF CERTIFIED TO: I Q FIDELITY NATIONAL TITLE INSURANCE LOT (J COMPANY OF NEW YORK. MAP OF CHASE HOME MORTGAGE CORP. CEDAR BEACH PARK YASHIMASA OSATO SITUATE AT ELLEN VARADY SOUTI4OLO TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK F.~~~ ilVtlly)~ LE' 1" - 30' JUNE 23, 1994 EASEMENTS AND/OR SUBSURFACE STRUCTURES on(i, RECORDED OR UNRECORDED ARE NOT GUAR ON TANTPD UNLESS PHYSICALLY OFVTSUNT 1r f A ERICAN ENGINEERING SERVICES E AT THE TIME GUARANTEES INDICATED HEREON SHALL RUN Q.T surveyors - civil engineers O, Dgg6~' ,ca landscape arrlaiter is ONLY TO THE PERSON FOR WHOM THE SURVEY IS !F 4, COMPANY, PREPARED, AND ON HIS BEHALF TO THE TITLE ~sfp LAND S~ 76 Union Avenue GOVERNMENTAL nTUHONS OFT LISAGENCY STEDHEREON, AND AND-10 Ronkonkoma, N. Y. 1 1 779 LENDING IN; THE GUARANTEES ARE NOT TRANSFERABLE NTOTION. LENDING ADDITIONAL INSRTUUONS OR SUBSEQUENT OWNERS (516) 81-5063 THE OFFSETS(OR DIMENSIONS) SHOWN HEREON MAP NO. 90 FROM ARE FORE AS SPECIFIC STRUCTURES AND SE AND ES THEREFORE ARE NOT INTENDED TO GUIDE THE FILED 12 20 27 ERECTION OF FENCES, RETAINING WAILS. POOLS PATIOS, PUNTING ARFAS, ADDITIONS TO IIC. n 49 64 BUILDINGS AND ANY OTHER CONSTRUCTION. S.C.T.M. DIST 1000 SEC. 91 BL1l, 01 LOT 15 F2~oo 30 06940 d D f J ode m b ~vo7,'` Ilk, .Joe AtIll .t I'Sd r. L } + ~ #11 t. ARM hft boom -KILL IV l7.ZVl rC J i E~ WA Y MpP) (51' MAP) 00. N10'57'25_E 52.14' NW 5~. O NOS o Q ~ O i a_ 00.1 i 36' x.24.2• V N W O v^ w Ncr N I C.E, r X24.2' 39, hl I I Q. w , , ~ 10.2' IW o a FRAME N GARAGE H ASPHALT DRIVE 'Wn ATTACHED Q N 26.e' 39' LOT 180 T 1 W 3 fi l o W LOT 181 , e} GI Ln N 1 O _ _ - - - 99-83' V 508'53'30"W Do' MAP) LOT 176 • LOT 175 CERTIFIED TO: SURVEY OF FIDELITY NATIONAL TITLE INSURANCE LOT 181 COMPANY OF NEW YORK. MAP OF CHASE YASHIMA SMOSATORTGAGE CORP. CEDAR BEACH PARK ELLEN VARADY SITUATE AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK LE 1" = 30' JUNE 23, 1994 EASEMENTS AND/OR SUBSURFACE STRUCTURES ri, RECORDED OR UNRECORDED ARE NOT 00 Y .G 1 A f O mfr Q RL .~y ~,~i`~c, ? nl 3s O Cl~ i ;In ~ 3S I uI • JL _ 3 ,Oa5 lil i LOT 180 ii (9SCe 2I~ _J S08'53'3 LOT 176 I LOT 175 SURVEY OF CERTIFIED TO: I O 181 FIDELITY NATIONAL TITLE INSURANCE LOT OF COMPANY OF NEW YORK. MAP CHASE HOME MORTGAGE CORP. CEDAR BEACH PARK YASHIMASA OSATO SITUATE AT ELLEN VARADY SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK F.~~F ~i~tpFy) v<fj61 LE 1" - 30' JUNE 23, 1994 mA NENTS ANOIOR SUBSURFACE STRUCTURES B OR UNRECORDED ARE NOT v: ED UNLESS PHYSICALLY EVIDENT Ik~y pES AT THE TIME OF SURVEY. A ERICAN ENGINEERING SERVICES d surve ors - ' ~gMAIEp HEREON civil engineers SHALL RUN IERSON FoR WHOM THE SURVEY IS 04966° c~ landscape architects a?T~ws B TO THE RILE AGENCY AND ~sfp LAND S~ 76 Union Avenue i1L AGENCY I S LISTED HEREON, AND TUT1 RON. To ENDING I Ronkonkoma, N- Y. 1 1779 EE , `PIE L m :TRANSFERABLE TO L :(516) 81-5063 OR SUBSEOUENT OWNERS LIONS) SHOWN HEREON WPROPER M/LINES MAP NO. 90 % ES FILED 12 20 27 Tv ~ "DN lic. n 49 64 91 BLK.01 LOT 15 F2400 ,30 0694M 1 II,,~ JUN 15 '^~5 ~ jil; M~vw b~r~ o f BoaYd o f APP-eats IIIl1L ~~eolse S~ d ouV avlsw.c~- as Soo v~ aS to o~~ /Ve,~ Yo?~~ c~ Y ~ddyess. S ~ V\ C -e V-9- 1 ~ You -p 'Yosh -I VA 0. 6 /74 P -C eW-\rf) , A), 00 STATE OF NEW YORK) E ) SS: COUNTY OF StOLK NOTICC n'M.f~lY ) „XIS NMY fJfYgN, A Y (,A~ww r of Mattituck, pursuant to Section 267 the To" Law and the e Code of the he T Town of In said County, being duly sworn, says that he/she Is Southold, that the following public' Principal Clerk of THE SUFFOLK TIMES, a Weekly hearing will be held at a Regular Newspaper, Meeting of the SOUTHOLD TOWN 7:50 p.m. Appeal No. 4314 - published at Mattituck, in the Town of BOARD OF APPEALS, at the JAMS and BARBARA MILLER' Southold County of Suffolk and State of New York Southold Town Hall, 53095 Maio Cmtraet Yadees, (Owners/Sellen: , Road, Southold, New York 11971, on Paradise of Southold, Inc. and Oth- and that the Notice of which the annexed Is a WEDNESDAY, AUGUST 9, 1995) Contiamatioo of hearing carried printed copy, been regularly published in said commencing at the times specified over fray Jung 7. 1995 and further below: postpooeneat from Jaly 12th per Newspaper once each week for L weeks 7:30 p.m: Appl. No. 4319 - request of attorney for applicant. YOSHIMASA OSATO. (Carryover Location of Properly: 580 Basin Road, suet 1 ely, commencing on the _ Gf day of from July 12, 1995). Proposed addi- ySoutbold, NY, Paradise PoW Section 19 CI G tion with reduced front yard setback at one, Filed b4V 3761-M1t/63; also 35 Sunset Way and 3250 Cedar Beach known as 1000-81-1-16.7 (formerly Road, Southold. - part of 16.4). This request is based 7:35 p.m. Appl. No. 4324 - upon the March 29, 1995 action of / r~ RICHARD MAUTNER. Variance' &pproval by the Building Inspector, CHRISTINA VOLINSKI ( JULah under Article HIA, Section 10030A.3 whaein applicants are requesting a Notary Puuiic. Slate of New York and Article XXIII, Section loo- amldingpermit to locate anewsingle- No 5U(14884 Principal Clerk 239.48, based upon the disapproval family dwelling, disapproved on the Oualified in Suffolk County action of the Building Inspecior dwid following grounds: Commission puns Novembef 23, t July 18, 1995. Applicant propow b "1. This parcel of 1.79 acres is not construct deck addition at the rear of shown on the Map of Paradise Point... existing dwelling which will hero an Section One, as a building lot; Section rd insufficient side yard setbacks inwf- 100-281A-7. Single and separate ficient setback from bulkhead. The search required back to 1957. Notary Public subject property is nonconforming 2. Approval required by Board of having a lot area of 16,875 sq. 0. and Appeals to build single-family a lot width of 50 feet Location: 2055 dwelling as a second use on this 1.79- Sworn t fore a this Bay Shore Road, also referred to as acre parcel. R-80 Zone requires Lot 34 on the Map of Peconic Bay 80,000 sq. B. of land area per use (or day of 19 Estates, Greenport; Parcel ID #1000- 160,000 sq. ft.), Article III, Section 53-4-12. 100-30A. 7:40 p.m. Appl. No. 4325 - 3. Approval is required from Board THOMAS MCCARTHY. Variance of Appeals under Article XXHL Sec- under Article ILIA, Section 100- tion 100-239.4B for location of 30A.3, based upon the disapproval dwelling with decks at less than 75 action of the Building Inspector da feet fromthe existing bulkhead.." July 18, 1995. Applicant is re questing 7:55 p.m. RE-HEARING of Appl. Permission to exceed lot coverage in No. 4128 - BREWERS YACHT order to extend porch addition to a YARD, INC. Based upon the July 12, size larger than that permitt ed under 1995 Board Resolution, a rehearing is Building Permit No. 22881 issued held to re-consider the use applied for 7/12/95. Property Location: 375 Ring by Brewer Yacht Yard at Greenport, Street, New Suffolk, NY; Parcel ID Inc. on September 2, 1992, under #1000-117-07-8.3; also referred to m rticle X11, Section 100-1218(1), Lot #3 on the Mirror Subdivision Map pecial Exception #4128, for food ser- approved 6/13194. ices to its marina patrons and others. 7:45 p.m. Appl. No. 4317 - Subject premises is located in the M-II EDWIN and DONALD TONYES. Zone District, identified as Parcel No. (Carryover from July 12, 1995 for 1000-43-3-2. Street address: 2530 continuation). Property location: Manhanset Avenue, Greenport NY. 55465 Main Road, Southold. HB The Board of Appeals will at said Zone District time and place hear any and all per- sons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you wish to review a file or need to re- quest more information, please do not hesitate to call 765-1809 or visit our office. Dared: July 21, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 8430-1TJy2,7 APPEALS BOARD MEMBERS coil FFO11'A- Gy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~01 ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 28, 1995 Yoshimasa Osato 649 East 14th Street Apartment MG New York, NY 10009 Re: Appeal No. 4319 - Variance for Addition Dear Mr. Osato: Please find enclosed a copy of the Legal Notice as published by our office. An owner or someone who is familiar with the property should attend the public hearing at the time specified to answer possible questions from the audience or from the Board Members. Also enclosed is a Poster which must be placed at this time either on a stake or other post, or on the front of the dwelling facing the Cedar Beach Road where it can be easily seen by passersby. It is expected that Board Members will individually visit the area and view the property yard areas. Once the poster has been placed, please complete the attached Confirmation of Posting and return it to our office either by mail or hand delivery for our update and permanent file. Thank you. Very truly yours, Linda Kowalski Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD I -----------------------------------x In the Matter of the Application of YOSHIMASA OSATO ------------------------------------R CONFIRMATION OF POSTING I, y g~k I Wets, 0 SUS " , residing at e { C- , P~ S() C-ktk 0 , being duly sworn, depose and say::: l That on the 3V-d day of mat; 1995, I personally posted the property known as "3250 Cedar yelh Road, Southold, NY" by placing the Town's official poster Notice on the front of the dwelling facing the Cedar Beach Road where it can easily be seen, and that I have checked to be sure the poster has remained in place for at least seven days prior to the date of the public hearing (date of hearing noted thereon to be held July 12, 1995.) Dated: June 1995. (s' ture) PUBLIC HARING 7:50 p.m 1. No. 4317 STATE OF NEWORK ) NOTICE IS HEREBY GIVEN* EDWIN aadgWALD TONYES ) mqueet pursuant to Section 261. of the Town This is a for , Special F.x lion under r Article IX. Section E100 COUNTY OF SUFFOLK ) Law and the Code of the Town of 91B, for Permission to convert exist Souring, that the following Public ins buLtdiug in this Hamle-B ?,s ~i ' -hearing will be Aeld eld at at a Special •-)a . asi , shftf _ ~ ` of Mattituek, Meeting of the SOUTHOLD TOWN uMela b kggipk-0wel8 BOARD OF APPEALS, as the narivellyytwo-family dwelling with In said County, being duly sworn, says that he/she is Southold Town Hall, 53095 Main teW1, The subjal jot with exist- Principal Clerk of THE SUFFOLK TIMES, a Weekly Rod. Southold. New York,11971. on ing bone contains a total area Of WEDNESDAY, JULY 12,.1995, 10.615 s4 tt ad is Woodland as 1000• Newspaper, published at Mattituck, In the Town of commencing afthe than specified be- 62-1-t4.. The applicants also hale an Southold, County of Suffolk and State of New York, low. imereat roan djotoiat } ,es 7:30 p.m Appl. No. 4316 - OS- 10OD-M-1-13 containing appoxtioue- and that the Notice of which the annexed Is a CAR and BETH BLEVINS. This is a ly I"M sq. fi..in area which is being - printed copy, Variance based upon. the Mail 1. offered in this Project to increase the P has been regularly published in said 1995 Nodce_gfDhappsoval haved'by available land am. Bah lots are beat- Newspaper once each week for weeks the Building Inspector for permission ed on the uatit side of the Main Rood; vely, comma cing on the Qq day of te.nslocne dwelling and garage.ddl- Southold and arc in the HB Zone suc~s~~,bb n noes which will hgve.h"Ificknt firer, District. }r b 1 . 19 and side yard -seWacks.Article llk 8:00 p.m- A-pil, No-. 4322- Section,100-30A:3."Locatian ofr. WILLIAM GORDON. Variance, Property:-640 Haywaers Drive '(and based 'upon tin, Mar 24, 1995 Notice .l~• Mason DrivefNCutchogue _N':Y;;' :bf Disapproval. of lie Building In-1 Ai IVs /N~ 1 y Oe County' Tax Map Parcel No 10007 spy where epplicans k. mquesting CHRU 7 NA VOUNMU Vl L 1 104 &=Zaoe ' permission to construct garage an No" Ptt61fg6 flume of Now York =7:35-p•Jw. }43. .i deck. adfronawhkh4ill have insuf- Na. 60008~ YOmRlbL49 -O, t~l[a fickmrrrouyu RaF,ArticIe M ~qNy Principal Clerk learian`ee hand ape tuM.p't11.~;.; HIA.'seaiml~l f I t',MIMi/Mwl ft" NoNiMM 2X t4~(U -799 lbtlor of ia°eA.~. Fee I 1036 Wend so" the.Bol_, ` ceUrs B}xl to RLa rl- r Vi~J I /~--ice- 1 (~L(//VC.JIv to eonsWCt an on dwel I000;S whickij have an insufficient.. front g;05 Ba• APPL!'~-4320tPropo,d yard wetback u.35 sunset way and A a'B, or •t s n) EAS[ Notary Public . _,WDayDzVjfppMENT CORD an 3250 Cedar Beach Road. Southold: ` ZoneDb&1=R4(L tlir;ouraot°woa oF"Property 7:40- p m. Appl "'b 4316' oar Ring 3aee't•`etwaen Third-an Sworn before me, this HENRY: RUTKOWSKI ,This is a Second screen New Suffolk. N:Y., varfaxm based upon. the Notice of I&mdfud a 1000-117-5-6, requaing , O 19~ Disapproval issued by.the Building approval of one of the following two ,,..3:15 p:m. Ap(real o. . bupectur dated May 31.1995 for pen mission to construct anadmdox which . PR } , i JAMES AND BARBARA'.MH.LSR. COuteuet.Nendea::'(On'nedSellen: win have insufficient red yard setback :A. Special Exapdon.. Article and which places aeaa+ory, games in a Seedoa loD-30A.2. for permission Paradise of Southold, Inc and Others). r side yard. Article ILIA, Section,100- establish Acemscay'Aparmaent use Continuation of hearing carried 0!4 30A3 and Section 100-30AA (af. conjunction with principal 21E. fw from lone 7, 1995'. Locationof 100.33). Location of property: 18275 ily use et' provided by-Article III Property: 580 Bain Road. Southold. Mato Road' Matdtuck, N.Y.; County Section 100.318(13). - N.Y., Paradise Point Section One, ,jam-Map Parcel No. 1000.115-2-11. - 8. Variance under Article ID. Sec Filed Map 3761 filed 4/11/63; also Tate District R•40. tion 100.318(13-e) for permission known as 1000-g1-1-16.7 (formttly 7:45- p.m. Appel. `No: '4321 = utilize existing moor am for the Ac put of 16.4). FRANK PALUMBO, as Contract cessory . Apartment at a. ratio of a The, Board of. Apra$ will at said vendee (Owner: County, of suRelk/ proximately 50-50% (instead of 40- time and place hem any and all pa- Mary Murphy).. This. is a,Variance 60%) as livable floor area. _ ahem or reea desiring it be based upon the June 15.,1995- Notice OR, Proposal B, AS follows: hared -in the he a abovebove matter. Written of Disapproval issued by. the Building ..C. Special Exception, Article 111; comments may also be submitted Inspector for permission to construct section 100-318.1 for approval of a -before Of during this hearing. If you dwelling with an insufficient front two-familydwelilng_atdrekted u wish to review the ark or road to re- yard setback and within, 100 feet of We cessory uses in an existing "forme quest mom info n gdon. Please do not Long Island Sound bluff or bank. Also supermarke' building hesitate to ca0,765-ISM or visit ore requested is a Variance under Newi D. Variance under Art icle }X, ofaco. - York Town Law, Section 380-A for Section 100-92 (bulk Lot Size Dated: Jura 2& 1995 min rum improvements foraccess by Schedule) for approval of col area as BY ORDER OF THE SOIffHOL . rim vehicles ova a private right-Of-;I exists of 21,430 sq. it for two-family TOWN BOARD OF APPEALS way or Easement Ares: Commenting use in this HE Zone District OBRARD P"~C ~ t at a point along the north side of By IA da Kowalski Oregon Rod, Cutchogue, along the 8400-1T1u2 westerly side of lads of Bokbm over lends now or formerly Barter and oth- ers identified as Lot IS,. Block 1, Section .72. these esnom ing wrtlrarly approximately 1035 fee to.a Point thence running in an easterly duce approximately. 375 feet to the appli ant's panel of land identified as 33. Block 2. Section 73, Disuict 1000 all as, shown by survey dated lus 7 1995 prepared for Frank and Loui Palumbo. APPEALS BOARD MEMBERS ~O~O$UffO[,` CO p Southold Town Hall Gerard E Goehringer, Chairman y` 'K 53095 Main Road Serge Doyen, Jr. °w x P.O. Box 1179 James Dinizio, Jr. ~O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearing will be held at a Special Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JULY 12, 1995, commencing at the time specified below: 7:30 p.m. Appl. No. 4316 - OSCAR AND BETH BLEVINS. This is a Variance based upon the May 11, 1995 Notice of Disapproval issued by the Building Inspector for permission to relocate dwelling and garage addition which will have insufficient front and side yard setbacks, Article IIIA, Section 100-30A.3. Location of Property: 640 Haywaters Drive (and Mason Drive), Cutchogue, NY; County Tax Map Parcel No. 1000-104-5-23. Zone District: R-40. 7:35 p.m. Appl. No. 4319 - YOSHIMASA OSATO. This is a Variance based upon the May 18, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct an addition to dwelling which will have an insufficient front yard setback at 35 Sunset Way and 3250 Cedar Beach Road, Southold. Zone District: R-40. Page 2 - Legal Notic• Regular Meeting of July 12, 1995 Southold Town Board of Appeals 7:40 p.m. Appl. No. 4318 - HENRY RUTKOWSKI. This is a Variance based upon the Notice of Disapproval issued by the Building Inspector dated May 31, 1995 for permission to construct an addition which will have insufficient rear yard setback and which places accessory garage in a side yard, Article IIIA, Section 100-30A.3 and Section 100-30A.4 (ref. 100-33). Location of Property: 18275 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-2-11. Zone District: R-40. 7:45 p.m. Appl. No. 4321 - FRANK PALUMBO, as Contract Vendee (Owner: County of Suffolk/Mary Murphy) This is a Variance based upon the June 15, 1995 Notice of Disapproval issued by the Building Inspector for permission to construct dwelling with an insufficient front yard setback and within 100 feet of the Long Island Sound bluff or bank. Also requested is a Variance under New York Town Law, Section 280-A for minimum improvements for access by fire vehicles over a private right-of-way or Easement Area: Commencing at a point along the north side of Oregon Road, Cutchogue, along the westerly side of lands of Bokina, over lands now or formerly Baxter and others identified as Lot 1.9, Block 1, Section 72, thence extending northerly approximately 1035 feet to a point, thence running in an easterly direction approximately 375 feet to the applicant's parcel of land identified as Lot 3.3, Block 2, Section 73, District 1000, all as shown by survey dated June 7, 1995 prepared for Frank and Louise Palumbo. Page 3 - Legal Notico • Regular Meeting of July 12, 1995 Southold Town Board of Appeals 7:50 p.m. Appl. No. 4317 - EDWIN and DONALD TONYES. This is a request for a Special Exception under Article IX, Section 100-91B, for permission to convert existing building in this Hamlet-Business (HB) Zone District from single-family dwelling to multiple-dwelling, or alternatively two-family dwelling with retail store. The subject lot with existing house contains a total area of 10,615 sq. ft. and is identified as 1000-62-1-14. The applicants also have an interest in an adjoining lot identified as 1000-62-1-13 containing approximately 10,500 sq. ft. in area which is being offered in this project to increase the available land area. Both lots are located on the north side of the Main Road, Southold, and are in the HB Zone District. 8:00 p.m. Appl. No. 4322 - WILLIAM GORDON, Variance based upon the May 24, 1995 Notice of Disapproval of the Building Inspector where applicant is requesting permission to construct garage and deck additions which will have insufficient front yard setbacks. Ref: Article IIIA, Section 100-30A.3. Location of Property: 1030 Broadwaters Road, Cutchogue; County Tax Map District 1000, Section 104, Block 9, Lot 1. 8:05 p.m. Appl. No. 4320 (Proposal A & B, or Proposal C & D). EAST WIND DEVELOPMENT CORP as the current owner of property located on King Street between Third and Second Streets, New Suffolk, NY, identified as 1000-117-8-6, requesting approval of one of the following two proposals: Page 4 - Legal Notice Regular Meeting of July 12, 1995 Southold Town Board of Appeals PROPOSAL I: A. Special Exception, Article IIIA, Section 100-30A.2, for permission to establish Accessory Apartment use in conjunction with principal single-family use as provided by Article III, Section 100-31B(13). B. Variance under Article III, Section 100-31B(13-e) for permission to utilize existing floor area for the Accessory Apartment at a ratio of approximately 50-50% (instead of 40/60%) as livable floor area. OR, Proposal II, as follows: C. Special Exception, Article III, Section 100-31B-1 for approval of a two-family dwelling and related accessory uses in an existing "former supermarket" building . D. Variance under Article IX, Section 100-92 (Bulk Lot Size Schedule) for approval of lot area as exists of 21,430 sq. ft. for two-family use in this HB Zone District. 8:15 p.m. Appeal No. 4314 - JAMES and BARBARA MILLER Contract Vendees. (Owners/ Sellers: Paradise of Southold, Inc. and Others). Continuation of hearing carried over from June 7, 1995. Location of Property: 580 Basin Road, Southold, NY, Paradise Point Section One, Filed Map 3761 filed 4/11/63; also known as 1000-81-1-16.7 (formerly part of 16.4). Page 5 - Legal Notice Regular Meeting of July 12, 1995 Southold Town Board of Appeals The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you wish to review the file or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: June 26, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x x 0 0 APPEALS BOARD MEMBERS ~O~~SUFFO(~{ ~,O Oy Southold Town Hall Gerard P. Goehringer, Chairman c 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?J O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 15, 1995 S. E. Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4318 Project/Applicants: Yoshimasa Osato County Tax Map No. 1000-91-1-15 Location of Project: 35 Sunset Way & 3250 Cedar Beach Rd., Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Proposed addition will have insufficient front yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (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, 19901. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. me h~o~OgVFFO(Ir~oGy JUDITH T. TERRY Z Town Hall, 53095 Main Road TOWN CLERK y Z P.O. Box 1179 I& Southold, New York 11971 REGISTRAR OF VITAL STATISTICS ,j, Fax (516) 765-1823 RIAGE OFFICER RECORDS RMANAGEMENT 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. 4319 - YOSHIMASA AND ELLEN ASATO DATED: JUNE 15, 1995 Transmitted is application for a variance from YOSHIMASA OSATO, AND ELLEN VARADY OSATO,together with Building Department Application for Building Permit, Notice of Disapproval from the Building Department, map of proposed project's location , Notice to Adjacent Property Owners, Questionnaire for filing with ZBA application, sketches of the proposed project. A Variance in the Zoning Ordinance is requested for the following reasons: Our home, as we purchased it last year, is very small and we need to expand it order to have a more comfortable living space. Because the lot is located on a corner property, it has two yards facing streets. Because of how the house is situated on the property, the expansion for a deck that could fit a table and chairs, can only be made to the North (Cedar Beach Road front) or West (Sunset Way front). A deck facing Cedar Beach Road would not be desirable because there is a fair amount of traffic on it and therefore would not allow us sufficient privacy. In contrast, there are very few people and vehicles that pass along Sunset Way. As can be seen in our photos, the perimeter of our proposed deck allows a large distance between it and the actual streetline. There is no other feasible method to achieve the goal of adding a deck except to obtain an area variance. The area variance we are requesting is minimal: only about 2h feet. The change in the ordiance that we are requesting would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In fact, because our house is perhaps the most modest and unimproved house in the immediate area, an improvement such as the one we are requesting would be both in the character of the neighborhood and an enhancment of it. Y 0 BOARD OF APPEALS TOWN OF SOUTHOI D In the Matter or the P lion of 1 LNQ t Sa-.t'-V NOTICE to the Board of Appeals of the Town of Southold TO ADJACENT TO: o- s,v Vn 0~ ~0 LN 'f'~ O I f PROPERTY OWNER Lk d;D-eP~<P"cW-ems. YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requ t a (Varian (Special Exception) (Special Permit) (Other) (circle choice] 1.' 2. That the property which is the sub'ect of the Pet' ' n is loc ed jacent t your property and is des: cribed as follows: J,2 so 3. Thgt the pyuperty which is t sub' ct of such P tion i located in h following zoning district: 4 16at by s ch Petition, the under}igned will uest tf/le following elief: S Oh All e.1• FG If o 2 z o f T~ e 5. That the provisions of the Southold Town Zo ing Co a applicable to the relief sought by the der. signed are Article Section section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 75-1809. 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: Z Petitioner Owners'Names: Post Office Ad ress av crn oa.a( C„ Tel. No. b ~33~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] i PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM f / ADDRESS 1 ' ( CGkA-'e ( 'rowV, ~bu~uo pu Vl td( ~ 3 D ~S` ~Qnav1 W etti~~ J / MaiH SOLkIkO 2 178 722 o7S Receipt for Certified Mail , 4to Insurance Coverage Provided Do not use for international Mail (See Reverse) & s it ich<AeL$ ~{6r n e; Street and No / S Y1S4~ P Oti to ands u oQZOUI I'I U I ~~7 0 \J G Postage m Certified Fee O W Special Delivery Fee y a flestrictee pelwery Fee Return Receipt Showing h to Whom & Data Delivered V eetum Receipt Showing to Whom. Date, and Addresees's Address f'~ TOTAL Postage A. q 0 ees &F Postmark or D Wy v i STATE OF NEW YORK) ss.• COUNTYOF SUFFOLK) c / I j YSti 1 IMa`SCA, dO residing at 3.Z~ ( ed4y~¢a~ Road being duly sworn, deposes and says that on the 'day .2 4151-S of , 9 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 curre t assessment roll f the ~ w pf Southold; that said Notices were mailed at the United States Post Of- fice at e At^ u ~I ~I to that said Notices were mailed to each of sai sons by erti I ) (registered) mall. N e r Sworn to beforme this day of , Zip g , 1~9 _J Notary Public GREGORY B. KOULSALIDES NOTARY PUBLIC, State of New York No, 31-4220621 Qualified in New York County Commission Expires January 31, 199..E (This side does not have to be completed on form transmitted to adjoining property owners.) ~CEIVE~Jis~>> J l ~ v O V>1 JUN 1 5 1995 TOWN OF SOUTHOLD, NEW YORK Southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL'" jN'O. "Y~// DATE' u( It L°....7 l ~ ? S^ TO THE ZONING BOARD OF APPEALS, T e~ 3,25- OWN OF SOUTHOLD, N. Y. n Oci 1, (We) ..........G ..(rm..... ..Ct.Ya 0f ..................................I.. 4C`i Name of A ellonf PP Street and Number Sv..4~f~ ll 4 t( e..Y................... HEREBY APPEAL TO Municipality State THE Z04NG BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATAION FOR PERMIT NO DATED ~~~Y....l WHEREBY THE BUILDING INSPECTOR DENIED TO Y" rt ~~csa .Nome of Applicant ff permit / of ~~0~ ?C~ CV l/~cY f:k..I~G ~I ~Gc l/tILC% Street and Number Municipality State ( ) PERMIT TO USE f ) PERMIT FOR~ /pCCUPANCY (tf> /~r c a Va, rc.ak ce 1. LOCATION OF THE PROPERTY .z~~....1~....v....~~ .1.w2 o u' a lj Street /Hamlet / Use District on Zoning Map District 1000 Sectionq( Block I Lot . Ma ._..P.. No..... ~ Lot No. .Current Owner Prior Owner 0"la 1aH e 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 :Tff=A Section loo-~nf!•3 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 tTown Low Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has (has not)'been made with respect to this decision of the Building Inspector or with respect to this pro Y. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated . REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Z4 Fonn ZHf (Continue on other side) A Variance in the Zoning Ordinance is requested for the following reasons: Our home, as we purchased it last year, is very small and we need to expand it order to have a more comfortable living space. Because the lot is located on a corner property, it has two yards facing streets. Because of how the house is situated on the property, the expansion for a deck that could fit a table and chairs, can only be made to the North (Cedar Beach Road front) or West (Sunset Way front). A deck facing Cedar Beach Road would not be desirable because there is a fair amount of traffic on it and therefore would not allow us sufficient privacy. In contrast, there are very few people and vehicles that pass along Sunset Way. As can be seen in our photos, the perimeter of our proposed deck allows a large distance between it and the actual streetline. There is no other feasible method to achieve the goal of adding a deck except to obtain an area variance. The area variance we are requesting is minipual: only about 2h feet. The change in the ordiance that we are requesting would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In fact, because our house is perhaps the most modest and unimproved house in the immediate area, an improvement such as the one we are requesting would be both in the character of the neighborhood and an enhancment of it. w STATE OF NEW YORK ) ss ` COUNTY OF ) Signature Sworn to this day of........ ! r~ 19 9J otory Public GREGORY B. KOIILNALIDES NJIARY P0131 IC, State of New York No, 31-4320621 Qualified in New York County Q^7 Commission Explrus January 31, 14L,(, The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board . before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS- - (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary, (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically-alter more than 10 acres of land? _Yes ')LNO 2. Will there be a major change to any unique or unusual land form on the site? _Yes 7~ No " 3. Will project alter or have a large effect on _X-No existing body of water? _Yes No 4. Will project have a potentially large impact on 7- groundwater quality. 1/ _Yes X No 5. Will project significantly effect drainage flow -`~t~ on adjacent sites? _Yes No 6. Will project affect any threatened or endangered - plant or animal species? 1/ _Yes Y No 7. Will project result in a major adverse effect on ---PPP•••--- air quality? _Yes ZNo S. Will project have a major effect on visual char- . - acter of the community or scenic views or vistas known to be important to the community? - _Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircnmental area by a local agency? _Yes f/ X No 10. Will project have a major effect on existing or 77T"' future recreational opportunities? - - _Yes _yNo 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? ___Yes INo 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes No 13. Will project have any impact on public health or safety? _Yes _411No 14, Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the 'Yes \ No character of the community or neighborhood? 15. Is there public ontroversy goncerning the project? ,I- 1/ _Yes No Preparer's Signature Representing: / '2BA 9/•75 Date: ~JJ 14161 [21871-Text 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C - State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR T. PROJECT NAME 3. PROJECT LOCATION: Municipality County a. PRECISE LOCATION (Street address and road intersections, prominent landmarks, elm, or provide map? 5. IS PROPOSED ACTION: ? New ? Emansion ? Modlficatlorvaltelation 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ? No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ? Residential ? Industrial ? Commercial ? Agriculture ? Park/Forestlopen space ? Other Desm ow.. 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAU? ? Yes ? No If yes. list agency(s) and permit/aDPI'Ovaill it. DOES ANY ASPECT OF THE ACTI.iN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ?Yes ? N^ II ye_ list agency name and permnlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ? Yes ? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanllsponsor name: Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) QUESTT_CLINAIRE 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: (Sepa at sheet may be ttached.) ~O 4 L yra7Z B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( ) Yes No. (If Yes, please atfarh copy of "conditions" of sale.) C. Are there am7 proposals to change ar alter land contours? { ) Yes {~4 No D. 1. Are there any areas which contain wetland grasses? b 2. Are the wetland areas Js wn on the map submitted with this application? 3. Is the property bulkheaaed betw n 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 rustees 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 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist an are not shown on the survey map that you are submitting? If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? (VQ If yes, please submit.a copy of your building permit and-kap--as approved by the Building Department. If none, please state. H. Do you ors any co-owner also own other land close to this parcel? If yes, please explain where or submit copies of deeds. I. Please list p sent use or operations conducted at this parcel and proposed use Au norized 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 -1-1- No. 6-1985): A. i1DAL 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 z odor (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 z•^s.ea