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HomeMy WebLinkAbout4265 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4265: Application for PETER DeNICOLA. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the requirement (50 feet). Location of Property: 1694 Chablis Path, Southold, NY; Lot No. 7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 square feet. WHEREAS, a public hearing was held on September 7, 1994, at which time those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Beard has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Beard Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the follovfing findings of fact: 1. This is an application for a variance to construct an open (unenclosed) deck addition with a setback of 30 feet from the r~ar property line, at its closest point. 2. The premises in question is known as Lot No. 7 on the Cluster Development Map of Chardonnay Woods at Southold, filed as Map No. 8822 on September 28, 1989 in the Office of the Clerk of Suffolk County. This parcel consists of a total lot area of .918 acre, or 40,000 sq. ft., is presently located in the A-C Zone District, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 3, Lot 3.7. 3. The amount of relief requested is 20 feet, for a reduction from 50 feet to 30 feet due to the shape of the lot and the radius of the setback lines along an arc from Chablis Path. 4. In considering this application, the Board also finds: Page 2 - Appeal No. 4265 Application of PETER DeNICOLA Decision Rendered September 7, 1994 (a) that the new deck addition, as proposed, will not be an adverse impact to the essential character of the neighborhood, although the relief requested in this application is substantial in relation to the 50-ft. setback requirement; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is not an activity which would cause an increase in dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the addition is not major construction, being an open, unenclosed deck and the applicant has agreed to a restriction in this respect; (e) in considering all of the above factors, the interests of justice will be served by granting the reduction as requested and further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Members Doyen and Dinizio, it was RESOLVED, to GRANT the requested reduction for a 30-ft setback from the roar property line, at its closest point, and as shown on the diagram submitted under this application, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck addition remain open and unenclosed, as agreed; 2. That the rear yard setback not be further reduced, and no other construction extended, unless compliance for the new construction (outside of the subject deck) is met with the Pear yard requirements of the zoning code (presently required at 50 feet). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adoDted. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings ~ be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ SEPTEMBER 7, 1994 commencing at the times specified below: Zoning OrdinAnce, Article construct deck addition to than the required 40 feet. 7:32 p.m. Appl. No. 4265 - PETER DeNICOLA. Variance to the IIIA, Section 100-30A.3 for permission to existing dwelling with a setback at less Location of Property: 1694 Chablis Path, Southold, NY Lot #7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contain-~ a total lot area of 40,000 sq. ft. 2. 7:35 p.m. Appl. No. 4265 - MICHAEL LIEGEY. Variance to the Zoning Ordinance, Article XXIV, Sections 100-241 and 100-243 for permi.~aion to renovate, repair and reinstate single-family dwelling use on a substandard parcel. Zone District: Hamlet-Business (HB). Location of Property: South Side of Main Road (S.R. 25), Southold; County Tax Map Parcel ID No. 1000-61-4-7.1. Page 2 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Board of Appeals 3. 7:40 p.m. Appl. No. 4257 OSPREY DOMINION CO. and FREDERICK KOEHLER~ JR. This is an application requesting a Special Exception for approval of a new winery establishment in two existing farm buildings for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. Location of Vineyards and Winery Establishment: 44075 M~in Road (State Route 25), Pecenlc, NY; County Tax Map Parcel No. 1000-75-1-20. The entire premises contains 50.8 acres located in the Agricultural-Conservation (A-C) Zone District. 4. 7:45 p.m. Variance to for approval Appl. No. 4264 - JAMES and MARY ANN ABBOTT. the Zonin~ Ordinance, Article IIIA, Section 100-30A.3 of proposed lot-line change between two existing substandard parcels, which as area and width (with no ine~.ase in dwelling density.) Property: 8740 and 8810 Pecenle Bay Boulevard, County Tax Map Parcels No. 1000-126-5-Lots 2 and 3. modified will contain in.~ufficient lot Location of Laurel, NY; 5" 7:50 p.m. Appl. No. 4263 - MARY ANN LAHMANN. Variance to the Zoning Ordinsnce, Article XXIV, Section 100-244B for a review of a single-and-separate search and determination that the Town will recognize this substandard lot as a distinctly separate parcel for the purposes of zoning. This is not a subdivision project and will be only a determination pertaining to a non-merged or merged Page 3 - Legal Notice Regular Meeting of September 7, 1994 Southold Town Board of Appeals status. Location of Property: 775 Knollwood Lane, Mattituck, NY; County Tax Map Parcel No. 1000-107-6-6. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be hoard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: August 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM TO~VN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL Date August 12. 9). ............. : ........... , 19. .. Peter DeNicola P.?. Box 841 .... Southold, N.Y. 11971 PLEASE TAKE NOTICE {hat your application dated . dul~ 2!, 19 94 for permit to Construct .a deck addition to an esxsting one ~amily dvellin .................................. ! ...................... ~t Location of Property .. 169~ Chablis Path, Southold House No. ' ................. $}reer ....................... Ham/er County Tax Map No. I000 Section 51 Block . ~3 Lot 3.7 .. Subdivision .............. Filed Map No. : ..................... · Lot No is returned herewith and disapproved on the ~llow~g grounds Under article III A Section ...[~ A.3 of the Torn Of $outhold Zoning Code. propose~ construction ~iil h~ve. insufficient rear yard set ba~kl. Action required by the Zoning Board of Appeals. RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11071 TEL.: 7G5-1802 Approved ................. 19... Pe~,~ .......... . (Building Inspector) APPLICATION FOR BUILDING PERMIT SOARD OF HEALTH SURVEY ..... ;o..' .:::::::: CALL INSTRUCTIONS This apl~lication must be complete]y filled in by typewriter or in ink and submitted to the Building Inspector, with: sets of plans, accurale 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 sti'eet or areas, and giving a detailed description of layout of property muht 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 i~sued a Building Permit to the applicant. Such permi~ shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in paxt for any purpose whatever until a Certificate of Occupan% 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 South01d, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in bUilding for necessary inspectio, x~/t F'~ d ~-~ . (Signature of applicant, or name, if a corporation) . (Mailing address of apphcant) t ' ' State whether applicant is owner, lessee, agent, architect, engineer, generai 'contractor, electrician, plumber or builder. .................. - .... ' ,t '" Name of owner of premises ' (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 ...................... I. Location of land on which proposed work will be done. :. ............ ........................ .......... .. .~% OU. o ' House Number Street Hamlet County Tax Map No. 1000 Section :... :~S". !~.0..O. ...... Block 0.3: .0..~9.. . Lot..(~..O.~..~.0..0.'7. ..... ~(Name) .......... State existing use and occupancy of premises and intended usc and occupancy of proposed construction: a. xs ngUsean occupancy ... .: ... b. Intended use and occupancy ' ~.'~[~C.a.~./,? .~.~.~..e,, of work (check which a~abI w u " ' ' ,. '~- e): Ne B ilding .......... on . -: a U ',i,.al., t;~ ..:,~ '. A Repair .............. KCmoval ............. Demolition . ~ ......:---~-- tut eratiZyii- · · "'th '- '' ":~' ';-' ..... ~ .. ~, erwors:...[~_ .~.. ..... 4. Estimated Cost .. ~,~...'.'~.: (Description) .' ............. '. '..'. iZ.ZJ.~.~-,, ............... $. If dwelling, number of dwelling units .... /. .......... Number o (to be paid on filit~glhis application) . If garage, number of cars ~.- f dwclhng units on each floor 6. If business, commercial or ~i'x'e~';ccu~'.anc_' .'_' ~'_'.,~ · - · / ................. · ............... jjjjjjjj.j-. · 7. t ~, ....... ~, Uany: front .... ....~..~. ...... Rear .. '~'V' .c.. · Dept~'...~O.t.' '.. ~ Dimensions of existin,, s-,,,--.-~- '~ ~ ~y, apccny nat,ur.e atnd extent of.each type of use ........... ' ' ' ' Height .. ~.. ........ ~umber of Stories ....~ ................ : .............................. Dimensions ofs}me stmctur,, with alterations or additions Fro Depth ' : ' nt .... ! f · ,-,. '.'' '~/~ ............... Heieht . 'VZJ · ; '~'~' ........ Rcare''' ""'~-~. ...... 8. u~menmons of entire new construc,:~ %- '.' '" ;,'~ ......... -'.. Number of Stories ~ '. · . ' ' u~n: r'ron[ .... ~.1~. . . . · Ro ..x ~ ........ ~." ........ ..... ar .... '~ ~- ........ Depth ....~.o. ....... Height ............... Nt~mber of Stories .......... .:' ........ t · - · ~ .......................... . 9. Size of lot: Front ..... .'Z)~, ......... i.. Rear .... ~10, I0. DateofPurchase ...(~...a/.$... . , '.3, · ..~.~.. ........ Degth ...L~.t).~.. 11. Zone or u~e district in which premise's'a'r;'s;t[:~;,~,~ .... ~ame of Former Owner . ~_,~,$.a-~.~ e, cq¢. l~. $~'.' .-~ ~ ~ .... 12. ,¢,~.,~- ,ny ~omng ~aw, ora,nance or regulation: ..... ~'~0. ................. ~' ' D.o. es proposed construction vi,-D* ....... · · ';.' ' ' ............ ; ...... . ................... ~.. ' 13. WHI lot be regraded .... .... 0.O. ~ ~._ ...... ~,~l~,' ' ' ' Will excess fill be ' ed from premises: Yes -' i 14. Name of Owner of premises . . ~ . ~e~i ...... Addres~ remov .-- ~ .......... .......... rnone No ......... ; .'~. ~ Name of Architect ............ ..... ' Name of Contractor ....... .~..~.... · .... ' .... Address .......... Phone No... ......... Address ..... ... . ' "· ! - · 15.' Is this property within 300 feet of a tidal wetland?' '~e's'.'.'.'...'.'. 'Vh°-nP No .... ~' .. 2~.. · *If yes, Southold Town Trustees Permit may be required. No..~ ..... .... PLOT DIAGRAM Locate clearly and distinctly all buildings, ~heth~r existing or proposed, and. indicate all set-back dimensioni from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or c_orner lot. - ;TATE OF NEW YORK, ;OUNTY OF. . , S.S . " ' ....... ~:?'~ ~'~-- '- ~ '-~ l'~i ~ '.~. '.' .lcd-.. .... being duly sworn, deposes and says that he is the applicant (Name of individual signing c~}ract) bove named. · (Contractor, agent, corporate officer, etc0 ' ' ' 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 ork will be performed in the manner set forth in the application filed therewith. porn to before me this ........ ~tary Public ........ e ~ f' '~' ........... County (Signature of applicant) · AUG '1 2 lge-4 TOWN OF $OUTHOLD, t4EW YORK APPEAL FROM OECISION OF ~RUILDING INSPECTOR TO '[.HE ZONING BOARD OF APPEALS, TOV',/N OF SOUTHOLD, N. Y. 1, (~ .............................................................. S~re~t ~nd Number ~ ~u~oL~ ............ ) ...... HEREBY APPEL TO Munic~=ci~ty THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPE~OR ON APPLICATION FOR PERMIT NO. ' DATED ...................................................... ~ GeNt ¢,~ ........... Nome of AppLicant for ~erm~t - ; of t~q¢ ck .~L_.~ ....................... ~ ....................................... ~' .................. ..... ~t'~e"~'~"~er ' Municipality State ( } ~ERMIT TO USE II ~ ~ .~Mn' FO~ occu.ANCY · 1. LoCATiON OF THE PROPER~ ~ ~ ' ~ 4 District 1000 Section Block Lot - ~ e~~ ~e ~(o(( ............................................... burren~ ~ner .................................. ~t No. Owner ~ Mop No. Prior ~. PROVISION (SI OF THE ZONING ORDINANCE APP~LED (Indicate the Article Section, Sub- secHon and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Secti on ~ 3. TYPE OF APPEAL Appeal is mode herew,th for (please check appropriate box) (L~) A VARIANCE to the Zoning Ordinance or Zoning Map ( )- A VARIANCE due to lock of access (State of New York Town Low Chop. 62. Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. pREVIOUS APPEAL A previous appeal (has)~een made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit (') request for a variance ..' and was made in Appeal No .................... !...Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection (I,4/ A Variance to the Zoning Ordinance ) requested for the reason thatc.__(gt,,._%~,.Cu..C.j~. ~ ~c~~ a4 ~Le Form (Continue on oth'~r side) ,-.cASC,'q FC, R APPEAL 1 STRICT APPLICATION OF THE ORDINANCE would produce practical d~fficui~le~ ar unneces-. 2. The hardship created is UNIQUE and is not sh'ared by all oroperties 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 -t~,x.o,~ ¢.~ "I[-L~ (~r~) I'~$ ~ 'T'/--'~ STATE OF NEW YORK co..T, Signature OWNER TOWN OF SOUTHOLD P.~.OPERTY RECORD CARD STREET ACR. REMARKS TYPE OF BLD. LAND IMP. TOTAL DATE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL COLOR ~:~l~dgl~r /~ ~/ ~0 ~ ~c/O/ ~4]~) ..~,...E~O ~'".Z~/-~' Foundation ~ Bath ~ Dinette ~Ex'e~s'°n~' ~ /~,~/? ~ ~, ,~ /7~ Basement s~ Floors ~,~ ~ /~xzU - ~o)~ J. All( Ext. Walls -Zj,{-.~J~~ ,nteriorFinish ~,~, L.". cx~ens'on ~ .~ I1 ~ ~ ;,~ ~ Fire Place V~5 Heat 0~) G~ D.R. Patio Woodstove BR. ~g~ ~ ~ ~ ~ ~ ,~ /~D Dorm~ ~ Deck Attic Br~zeway Rooms 1st Floor Garage ~ ~ X ~'b- ~ ~ ~ ~' ~ ~,~ Driveway Rooms 2nd Floor O.B.. Pool t SURVEY NO.:89-065 kSSAU SUFFOLK BLUEPRINTING S. 15°48'$0 155.23' CHABLIS PATH 75~ COUNTY ~J'~?. Or HEAL TN I hereby certify that this map was made from an actual survey completed by me on N.Y.S. P.L.S. No. 45214 N.~S. P.E. No. 63675 mia CHARDONNAY WOODS I~ SOUTHOLD Flied September 28. 1989 os Map N~ 882R AS,.~UI4E.~ THE~ A~ NO W££L$ ysrHsN I O0 AREA = 40.000-* S.F. or 0.918 Acres Unauthorized alteration or addition to a surve ma bearing a Professional Land Surveyor's Seal is a violation of Section 7209, e~ub-~°ection 2, of the New York State Education Law. ~ .. Guarantee$ or certifications indicated hereon signify that thls surveywas prepared in accordance with the existing "Code of Practice" for Land Surve)~ adopted by the "New York State Association of Professional Land Surveyors". Said guarantees or certifications shall run only to the person for whom the survey is prepared, and on his behalf, to the title company, governmental agency, and lending institution listed hereon and the assignees of the/ending institution. Guarantees or certifications not transferable to additional institutions or subsequent owners. Cop~es from the "ORIGINAL" of this survey maap not marked with an 'ORIGINAL" of the Land Surveyor's "RED INKED" seal or "EMBOSSED" seal shall not be considered to be a va/id true copy. z~c ~o~. COUNTY TAX MAP NO..- I000- 05/. 00- 03. 00- 003. SURVEY OF LAND A T ~ NORTH SOUTHOLD TOWN OF $OUTHOLp SUFFOLK COUNTY NEW YORK Edward A. Bullock, Jr. Professional l §nd Surv~q.r ~ Engineer I JL BY.- DRAWN: A.G. SCALE: I"~ 40' FILE NO.: 1000-5/-3-3.7 DEPARTMENT OF PLANNING llcou"¥Y O ROBERT J. (:~AFFNEY SUFFOLK COUNTY EXECU'IRVE STEPHEN M, JONES, A.I.C.P. DIRECTOR OF' PLANNING September 19, 1994 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) which have been referred to the Suffolk County Planning Co~nission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) McKenzie, Thomas F. Abbott, James & Mary Ann DeNicola, Peter 4258 4264 4265 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Pursuant to Article XIV of the Suffolk Cotnnty Adninistrative Code, The Board of Appeals of the To%a~ of Southold, New York, hereby refers the follc~ving to the Suffolk County Planning C~u,;ssion: - XX Variance from the Zoning Code, Article IIIA , SectionlOO-3OA. 3 Variance from Determination of Southold Town Building Inspector __Special Exception, Article , Section Special Permit Appeal No:4265 Applicant: Peter DeNicola Location of Affected Land:lG94 Chablis Path, Southold County Tax Map Item No.: lO00- 51-3-3.7 Within 500 feet of: __'Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX 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 addition with insufficient ~ear yard setback. Copies of Town file and related documents enclosed for your review. Dated: September z~', 1994 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 15, 1994 Mr. Peter DeNicola P.O. Box 841 Southold, NY 11971 Re: Appl. No. 4265 - Deck Addition (Rear Yard Setback) Dear Mr. DeNicola: Please find enclosed a copy of the findings and determination rendered by the Beard of Appeals concerning your variance application filed by you. A copy of this determination has also been forwarded to the Building Department for their update on the pending building permit application. Due to the proximity of this project within 500 feet of a waterway or a County Read, we have transmitted copies of this file to the Suffolk County Department of Planning as required under the County's Administrative Code. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you for your update. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure Copies of Decision to: Building Department Suffolk County P]annlng Commission APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4265: Application for PETER DeNICOLA. Variance i to the Zoning Ordinauce, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the requirement (50 feet). Location of Property: 1694 Chablis Path, Southold, NY; Lot No. 7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 square feet. WHEREAS, a public hearing was held on September 7, 1994, at which time those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Beard has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Beard Members have familiar with the premises in question, district, and the surrounding areas; and personally viewed and are the present use and zone WHEREAS, the Beard made the following findings of fact: 1. This is an application for a variance to construct an open (unenclosed) deck addition with a setback of 30 feet from the rear property line, at its closest point. 2. The premises in question is known as Lot No. 7 on the Cluster Development Map of Chardonnay Woods at Southold, fried as Map No. 8822 on September 28, 1989 in the Office of the Clerk of Suffolk County. This parcel consists of a total lot area of .918 acre, or 40,000 sq. ft., is presently located in the A-C Zone District, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 3, Lot 3.7. 3. The amount of relief requested is 20 feet, for a reduction from 50 feet to 30 feet due to the shape of the lot and the radius of the setback lines along an arc from Chablis Path. 4. In considering this application, the Board also finds: Page 2 - Appeal No. 4~ Application of PETER DeNICOLA Decision Rendered September 7, 1994 (a) that the new deck addition, as proposed, will not be an adverse impact to the essential character of the neighborliood, although the relief requested in this application is substantial in relation to the 50-ft. setback requirement; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is not an activity which would cause an increase in dwelling unit density or cause a substantial effect on available governmental facilities; ~ (d) that the addition is not major construction, being an open, unenclosed deck and the applicant has agreed to a restriction in this respect; (e) in considering all of the above factors, the interests of justice will be served by granting the reduction as requested and further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Members Doyen and Diuizio, it was RESOLVED, to GRANT the requested reduction for a 30-ft setback from the rear property line, at its closest point, and as shown on the diaoo~ram submitted under this application, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck addition remain open and unenclosed, as agreed; 2. That the rear yard setback not be further roduead, and no other construction extended, unless compliance for the new construction {outside of the subject deck) is met with the rear yard requirements of the zoning code (presently required at 50 feet). Vote of the Beard: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. (Member Wilton was absent.) This resolution was duly adopted. lk ERARD P. G APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appeal No. 4265: Application for PETER DeNICOLA. Variance i to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the requirement (50 feet). Location of Property: ]694 Chablis Path, Southold, NY; Lot No. 7 on the Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 square feet. WHEREAS, a public hearing was held on September 7, 1994, at which time those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Beard has carefully considered ali testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a variance to construct an open (unenclosed) deck addition with a setback of 30 feet from the rear property line, at its closest point. 2. The premises in question is known as Lot No. 7 on the Cluster Development Map of Chardonnay Woods at Southold, filed as Map No. 8822 on September 28, 1989 in the Office of the Clerk of Suffolk County. This parcel consists of a total lot area of .918 acre, or 40,000 sq. ft., is presently located in the A-C Zone District, and is identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 3, Lot 3.7. 3. The amount of relief requested is 20 feet, for a reduction from 50 feet to 30 feet due to the shape of the lot and the radius of the setback lines along an arc from Chablis Path. 4. In considering this application, the Board also finds: Page 2 - Appeal No. 4265 Application of PETER DeNICOLA Decision Rendered September 7, 1994 (a) that the new deck addition, as proposed, will not be an adverse impact to the essential character of the neighborhood, although the relief requested in this application is substantial in relation to the 50-ft. setback requirement; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is not an activity which would cause an increase in dwelling unit density or cause a substantial effect on available governmental facilities; ~ (d) that the addition is not major construction, being an open, unenclosed deck and the applicant has agreed to a restriction in this respect; (e) in considering all of the above factors, the interests of justice will be served by granting the reduction as requested and further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Members Doyen and Dinizio, it was RESOLVED, to GRANT the requested reduction for a 30-ft setback from the rear property line, at its closest point, and as shown on the diagram submitted under this application, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck addition remain open and unenclosed, as agreed; 2. That the rear yard setback not be further reduced, and no other construction extended, unless compliance for the new construction {outside of the subject deck) is met with the rear yard requirements of the zoning code (presently required at 50 feet). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Vill~. (Member Wilton was absent.) This resolution was duly adopted. lk ERARD P. GOF-.~IRINGF~, CHAIRMAN S 01'33'10" W N I0 LOT 5 LOT ~o 2007.25' \ I LOT 15 S 01"48'56'" W ,.~i'~^c~ ^ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 16, 1994 TO: Applicant(s) or their Agent Re: Application before the Beard of Appeals We are in receipt of your application requesting a review and action by the Beard of Appeals. Your application has been placed on our next hearings calendar of September 7, 1994 and Beard Members are expected to view the area in question prior to the hearing. Enclosed please find a copy of the Legal Notice, as published by our office in the Long Island Traveler-Watchman, Inc. and Times-Review, Inc. The Legal Notice outlines a generalized description of the project proposed, based upon the building in-~pector's illitial Notice of Disapproval, and indicating the date, time and place of the public hearing on this application. You are requested to appear at the public hearing. If you are not able to appear, you may have a representative who is thoroughly familiar with your property and the proposed p~oject appear in your behnlf, or you my request a postponement. The public hearing will not start before the time advertised. Also, you will note that the time between hearings is minimal, however, additional time is always available to you for your presentation, if needed. Please feel free to call our office if you have any questions or wish to update or review your file prior to the hearing date. You may add any documentation to support your application that you feel is appropriate. Very truly yours, Kowalski, Clerk Board of Appeals Enc~sures Page 3-Hearing Transc~ts Regular Meeting of September 7, 1994 Southold Town Board of Appeals PETER DeNICOLA: speaks for itself as just impossible to requirements. 7:32 P.M. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a setback at less than the required 40 feet. Location of Property: 1694 Chablis Path, Southold, N.Y., Lot 7, on the Tax Map of Chardonnay Woods; County Tax Map Parcel No. 1000-51-3-3.7. The subject premises contains a total lot area of 40,000 sq. ft. I have a copy of the survey. It appears that it was produced by Henry K. Bullock, Jr., and indicates the present placement in the house and the somewhat irregularity of the lot in reference to the way its skewed and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Sir, would you like to heard? How are you tonight? Just state your name for the record if you will again please. PET ER DeNICOLA: My name is Pete DeNicola, I reside at, there seems to be some confusion, I was told it was 1695 Chablis Path. MR. CHAIRMAN: Maybe they took a foot off somewhere. I don't know. Anyway, I think the application far as you know putting a deck in there I just, put one in without encroaching on the setback MR. CHAIRMAN: OK. Without reading the original application what's the approximate size on the deck? PETER DeNICOLA: 30 x 40. I'm sorry 30 x 20. MR. CHAIRMAN: 30 x 20. PETER DeNICOLA: 40 feet out off the house, 30 feet wide. Page 4-Hearing Transcripts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: OK. What's the approximate size of the steps? Just off the top of your head. PETER DeNICOLA: The steps about 10 feet. MR. CHAIRMAN: 10 feet. And this is going to remain unenclosed? PETER DeNICOLA: Right. MR. CHAIRMAN: You're not planning on putting a roof or screening or PETER DeNicola: No, just the way it is. MR. CHAIRMAN: OK. Let's see, is there anybody else, is there anything you'd like to say, anything else? PETER DeNICOLA: Well, I'd like to say, you know, bring out the fact that the back yard is boarded by 150 feet of open area. That those clear back to a Old North Road and you know, that's where the setback would be encroaching on that area. MR. CHAIRMAN: If anybody has a hardship you do in my opinion. You the skewed nature of the property. It's absolutely know, because of gorgeous. PETER DENICOLA: MR. CHAIRMAN: Thank you. This, while you're standing there I'll let you see it. Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application? Any questions from Board Members? MEMBER VILLA: Yeah, I have a question. coming out l0 feet beyond the deck? PETER DeNICOLA: Yeah, they'll deck is, it's fairly high. You just said the steps are be a, that's an approximation, the Page 5-Hearing Transc~pts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MEMBER VILLA: The deck is going to be about 4 feet above, off the ground. If that much, because it's gon'er match, they'll be a door there, right? PETER DeNICOLA: Right. So, the amount of steps ..... MEMBER VILLA: So you need 4 risers basically. PETER DeNICOLA: Excuse me. MEMBER VILLA: So you'll need like 4 risers. PETER DeNICOLA: Well there'll be more than 4 risers, there'll be more like 8 risers. It's a plus 7 risers, so I, it's, their shelves, that's going to be like 6-6-1/2 inch steps by 18 inches, a comfortable step. I might add that a my wife does have a, an ailment, a physical ailment, a joint problem in the rare form of arthritis and that's the reason why the steps would be shelved and broad. MEMBER VILLA: The 30 foot dimension is actually from the bottom of the steps then? PETER DeNICOLA: 30 foot is, is the actual deck and then the steps would be off the .... MEMBER VILLA: No, you have a 30 foot dimension from the property line to some point and it looks like ..... PETER DeNICOLA: Right, that would be from the steps. MEMBER VILLA: To the bottom of the step. PETER DeNICOLA: Yes. MEMBER VILLA: MR. CHAIRMAN: MEMBERS: No. MR. CHAIRMAN: OK. That's all I've. Any other questions, anybody? Does anybody have any objection to this? Page 6-Hearing Transcr~ts Regular Meeting of September 7, 1994 Southold Town Board of Appeals MEMBER VILLA: Well, one other questions. He says there's 150 foot open area back there, but that can be built on, can it not? PETER DeNICOLA: No. MEMBER VILLA: It cannot be. BOARD SECRETARY KOWALSKI: Just what are the dimensions Jerry? MR. CHAIRMAN: Dimensions of what? BOARD SECRETARY KOWALSKI: Of everything. MR. CHAIRMAN: The deck is 20 deep from the house, it's along the back of the house by 30 and the depth of the steps are approximately 10 off the deck. BOARD SECRETARY KOWALSKI: By what width? MR. CHAIRMAN: What would you say the width of the step is? PETER DeNICOLA: By about 10 feet. BOARD SECRETARY KOWALSKI: ]0 x 10. OK. Thank you. MR. CHAIRMAN: Hearing no further comment I'll make a motion granting it with the following provision that it not be enclosed. MEMBER VILLA: Second. MR. CHAIRMAN: MEMBERS: Aye. All in favor? 7:39 P.M. The next application is MICHAEL reads as follows: Upon application the Zoning Ordinance, Article XXIV, Sections permission to renovate, repair and reinstate LIEGEY. The legal notice applicant 4266, variance to the 100-241 and 100-243 for single-family dwelling use NOTICE OF PUBLIC HEARINGS~'' NOTICE IS HEREBY GIVEN, pursuant to Section 267 ~of the Town Law and the Code .of .the .Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York. 11971, on W E D N E S DAY, SEPTEMBER 7, 1994, commencing at the times specified below: 1. 7:32 p.m. AppL No. 4265- PETER IIeNt~OLA. ~/arianee to the Zoning Or- dinance, Article IliA, Sec- tion 100-30A.3 for permis- sion to construct deck addi- tion to existing drilling with a setback at less than the re- quirexi 40 feet. Location of Property:. 1694 Chablis Path, Southold, NY Lot No. 7 on the Map of Chardonnay Woods; County Tax Map Parcel N~. 1000-51-3-3.7.-~The subject premises contains a total lot area of 40,000 sq. ft. 2..7:35 p.m. Appl. No 4265- MICHAEL LIEGEY. Variance to the Zoning Or- dinance,~,rticle XXIV, Sec- tions :100-241 and 100-243 for permission to renovate, repair and reinstate single- family i dwelling use on a substandard parcel. Zone District: .~ Hamlet-Business (HB), Location of Property: Soutli. side of Main Road (S.~. 25) Southold; County Tax ,-Map Parcel ID No. 1000-61.4-7.1. ?~37"~/:40:p.m. Appl. No. 4257~OSPREY DOMI- NION, , 'CO. and FREDERICK KOEHLER, JR. This is an application re- qpesting a Special Exception for approval of a new winery establisliment in two existing farm buildings for the pro- duction and sale of wine pro- duced from grapes primari- Jy grown in the vineyards on which such winery is located. Location'of Vineyards and Winery Establishment: 44075 Main Road (State Route 25), Peconic, NY; County Tax Map Parcel No. 1000-75-1-20. The entire n~ises contains 50.8 acres ed in the Agricultural- servation (A-C) Zone District. 4. 7:45 p.m. Appl. No. 4264- JAMES and MARY ANN ABBOTT. Variance to the Zoning Ordinance, Arti- cle ILIA, Section 100-30A.3 for approval of proposed lot- line change between tWO ex- isting substandard parcels, which as modified will con- tain insufficient lot area and width (with no increase in dwelling density). Location' of ~Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcels No. 1000-126-5.Lots 2 and 3. 5. 7:50 p.m. AppL No. 4263- MARY ANN LAHMANN/ Variance to the Zoning Ordinance, Arti- cle XXIV, Section ,100-244B for a review of a single-and- separate search and:~eter- mination that the Towil ~till~' recognize_ this. substandard lot as a distinctly~separate parcel for the purposes of zoning. This is not a subdivi- sion project and will be only a determination pertaining to a non-merged or merged status, Location Of. Property: 775 Knollwood Lane, Mat-. tituck, ~ Count;) TaJCM~.p Parcel No,. 1000-107-6-6, ~ , The Board of P~ppeal$ ~ at said time mild place h~ar ' any and all persons or representatives des~ ~0 Fe heard in the above matters.- Written comments may also;~ ,..be. submitted, prior *to. t-he~ conclusion- of the..-subject hearing. Each hearing will 'not start before the times desig~nated abov~ ~ I,f yol~ rash to review any of the above files or w~uld like t~o request mo~e'"ifif0rmaii0n, please do not hesitate to'call 765-1809 or visit our offic~ Dated:August 16, 1994 ~ BY ORDER OF THE "SOUTHOLD ;TOWN ';~' BOARD OF APPEALS ......... GERARD P. ' ' GOEHRINGER · L ' " . CHAIRMAN .... By: Linda Kowaiskl: IX-8/18/94(9) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, beihg duly sworn, says that she is the Editor, of th~ TRAVELER-WATCHMAN, a publi~ newspaper printed at Southold, i~ Suffolk County; and that the notic~ of which the annexed is a printe< copy, has been published in sai~ Traveler-Watchman once each wee% for Z ............................ week; succes~vely, commencing on th~ .... Sw~o~n to before me on thi: · . /..~....day of .................... 19;. Notary Public BARBARA A, SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Co~ Commission Expires APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD August 12, -q.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4265 Project/Applicants: County Tax Map No. Location of Project: Peter DeNic01a 1000~ 51-3-3.7 1694 Chablis Path, Southold, NY Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 1994 Relief Requested/Jurisdiction Before This Board in this Project: Deck addition with insufficient rearyard 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, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(33)}, 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. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, $outhold Town Clerk DATED: August 12, 199~ RE: Zoning Appeal No. ~265 - Peter DeNicola Transmitted herewith is Zoning Appeal No. ~265 for PETER DeNICOLA for a variance. Also included is: Notice to Adjacent Property Owners; Notice of Disapproval from the Building DePartment, dated August 12, 199g with copy of application; Short Environmental Assessment Form; ZBA Questionnaire; survey; subdivision diagram; and copy of deed. Judith T. Terry Southold Town Clerk PETER DENICOLA JUSTINE DENICOLA 15 MIDLAND BLVD. ~ ( ~,~ LAKE RONKONKOMA, NY 11779 ~ '1900 FORM TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL Date August 12, Peter UeNicola P.O. Box ~ 1 ....... Southold, N Y 11971 PLEASE TAKE NOTICE ih~ your application dated July 21 ............................. Ar pe~it to Construct a deck addition to ~? ~l~g one f~ily dwell ................................ i9~ Location of Property ..... ]~ Chablis Path, Southold House NO. St~[ ............................ y T Hamlet Count ax Map No. 1000 Section . 51 Block '3 · ·. Lot 3 7 Subdivision ............ Filed Map No .............. Lot No .................. is returned herewith and disapproved on the Allowing grounds Under Article lI1 I Seet~qq . ~ of the Town ~f Southold Zoning Code p I00- A.3 roposed const~ction will .~ insufficient rear yard set back. Action required by the Zoning Board of A al RV 1/80 k BLDG. DEPT, ~ TOWN OF SOtY~HOLD Ex'a'mi md ...r~../..,~.. I FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD. N.Y. 11971 TEL.: 765-180;~ ~:OT I FY: CALL HA I L TO (Building Inspector) APPLICATION FOR BUILDING PERMIT "INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to thc Building Inspector, with 2 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 st~'eett or areas, and giving a detailed description of layout of property mu~t 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 sh ,all be kepi 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 South01d, ·Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in bUilding for necessary inspectio/ffb; ] ~ t'~ // "~ . . (Signatur~ of applicant, or name, if a corporation) . (Mailing, address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, generai 'contractor, electrician, plumber or builder. Name of owner of premises ....... (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 ................... I. Location of land on which proposed work will be done .........................: .......; ................ ltouse Number Street Hamlet ...... County Tax Map No. 1000Section :...:~t~.!,00 Block ~3,0~ ' Lot 4..Q. t0~ ,00.~. ~(Name) .... 2: State existiug use and occupancy of premises and intended use and occupancy of proposed construction: Exi fi d ' ' a. s ng Use an occupancy ........ · ....... b. Intended use and occupancy ....... .. ... · 3. Nature of work (check which ~ ..... i ' . ~, Rer~air ..... ~ ~- -' ...... ion ~.....? :_a.._.;,Mt~.til~fi-L .... .......... v. emovai .............. Demolition . · ·:. Other Work "~"' ' ' ' 4. Estimated Cost . ..~. ~0...'.'~.: '~ -" ' (Description) ......................... Fee . ' ............ ~ :.'_.'.&.~.~' .~-,. ...... . ...... 5. If dwelling, number of dwelling units .... /. .......... Numbe (to be paid bn fili,g Ih.is application) · If garage, number of cars ... 9., r of dwclbng umts on each floor. 6. business, commercia or mixed ..... ': ..................... ' .................... ii .... 7. Dimensions ofexistin- structur- '~ l,,m~y, spccuy n~.at~ur? a~nd extent of each type of use .......... ~ ' ' · .. .... ~.... C;'eirt oa~i:r~e°:t ' ' ~! · '~. · · .Rest...~.V..c ...... Depth ~." Height. ,"l~.' ~l,m ................... , ............ . ....... Dimensions of ~S~me structur,, with alterations or additions Fro Depth ' : · nt . ' I ..... /'" · , ~. ''' 'f'~'~ .............. Hei,ht .~,~/ .... -'-'-'-'-'-'-'-'-'Y~.~- ........ Rear ....~.,~. ions of entire new construction- F,-,, * ,~, ...... Number of Stones .... ~ · · · · ,,~n ..... ,~.,~. .......; Rear ....%O. ........ Depth ...~'.'o."'jjj'-. Height ............... Number of Stor/es 9. Sizeoflot: Front ..... .--)..~.t ' ' ................... t'-', ......................... 10. Date of Purchase ...O~.jt~ ........... Rear. U.~.~O.~.~.~' ........ Depth ..d..~-,3~ ...... Zone or u~e district in which premises are situated ............ ~ ...... ; ............... 51~5 .......... 1 1. ' ........... v~ame of Former Owner . ~.~.a-~t,.~. ~x~. 1~. $~...4-¢.~. .' 12' D°es pr°p°sed c°nstruction violate any zoning law, ordinal~ce or regulation: ..... .~. ......... ! ":' ".~ 13. Will 10t be regraded ....... I~,:O. .............. Will excess ill! ho ' ' ' 14. Name of Owner of premises . ~dL'[Nt, tq'.~ CM~, ' ',' .- ....removed from premises: ·" ........ , ....... address ..; ................ Phone No.. Name of Architect ............ . .......... J'. · Address . · · · Phone No .. Name of Contractor ....... .~-.~.. .......... JiAddress ~ ..... ~.~'~i~ J'Vhon No' 2~. 15.' Is this property within 300 feet of a tidal wetla~'d'~ ......... ' -~ .... ~ .... · If yes, Southold Town Trustees p~-'~ - . · *Yes ........ No. i~ ..... ' ' · .,,xc may De required. ' .-. PLOT DIAGRAM Locate clearly and distinctly ail buildings, V)heth~r existing or Proposed, and. indicate all set-back dimension~ from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. ;TATE OF NEW YORK, :OUNTY OF . o S.S ...... .................. (Name of, individual signing contract) hove named. being duly Sworn, deposes and says that he is the applicant is the . ... .......................... ffi ;) ........ ontractor, agent, corporate o cer, etc ' ' said OWner or owners, and is duly authorized to perform or have performed the said work and t6 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 ork will be performed in the manner set ¥orth in the application filed therewith. ' yom to before !ne this Public ....... x~/~..~ ;~ .~. ..... County (Signature of applicant) PROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ' 3. PROJECT LOCATION: SEQR PROPOSED ACTIO * 6. DESCRIBE PROJECT BRIEFLY: AMOUNT OF LAND AFF CTED; 7. City Init ially ; . acres Ultimately acres E. WILL PROPOSED ACTION COMPLY WITH EXiSTiNG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~ Yes [~No If NO, describe briefly WH IS PRESENT ~ND USE IN VICINI~ OF PROJECT? 9. ~sidentlal ~ Industrial ~ Commercial ~ Agriculture ~ Par~ForesUOpen space ~ Other 0escribe: 10. DOES ACTION INVOLVE A PERMIT APPROVA~ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~ STATE OR LOCAL)? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete t~e Coastal Assessment Form before proceeding with this assessment OVER I .(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be m~ae by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOE{ 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. 10. 11. 12. 13. 'Z~A ~/-75 (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more ~N than 10 acres of land? Yes: O 2. Will there be a major change to any unique or unusual land form on the site? Yes 3. Will project alter or have a large effect on an existing body of water? Yes 4. Will project have a potentially large impact on groundwater quality? Yes ~No 5. Will project significantly effect drainage flow on adjacent sites? · Yes o 6. Will project affect any threatened or endangered plant or animal species? Yes o Y. Will project result in a major adverse effect on /,No air quality? Yes 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas ~N known to be important to the community? Yes o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? Yes o Will project have a major effect on existing or future recreational opportunities? Yes /No Will project result in major traffic problems or cause a major effect ko existing transportation ' systems? Yes o Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ~No ance as a result of the project's operation? ~Yes Will project have ~ny impact on public health or safety? Yes No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes o period or have a major negative effect on the -- charact~ of the community or neighborhood? 15. Is there public controversy concerning the project? · Yes QUEST!O~;AIRE FOR FILI~G 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.) B. Is the suJuject premises listed on the real estate market for ~ s~l~ or being shown to prospective buyers? { } Yes {~/} No. (~f Mas, p3Laa~ a~e~ch c~py of "conddtinr~,, of sale.) C. Are there/~y ~uposats to change o~ alter l~n~ contcur~? { ] Yes {~} Np D. 1. Are there any areas which contain wetland grasses? ~0 2. Are the wetland areas shown on the map submitted with this application? ~0 3. Is the property bulkheaaed between the wetlands area and the upland building area? ~ 4. If your property contains w 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? ~O (If not applicable, state "N.A.") F. Are ther~ any patios, concrete barriers, ~lkheads or fen=~ which e~t ~nd are not ~hown on the surve~ map that you ar~ submitting? _~_~ If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~O If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do yougr any co-owner alsb own other land close to this parcel? ~0 If yes, please explain where or submit copies of deeds. I. Please l~st present use or operations conducted at this parcel l~e~ ~ proposed use -~e~'~'~ and Authorized 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 Sou~hold. [Added 5-5~4 by L.L. No. 6-1984! WE ~-~LA~NDS ['Amended 8-26-76 by L.L. No. 2-1976; 3-25- A. ~iDALWETLANDS: (I) Ail 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, fiats 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, t~ll eordgrass, high bush, cattails, ground~el, .m. arahmnHow ,c~ld lnw (3) AIl L~nd immediately ndjacent.~ a tidal w~tiand 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 l(a) to l(d) inclusive, of thc 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 la.dward of the most land- ward edge of a "freshwater wetland." 9705 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF O~uumANCY No Z-22918 Date MARCH 24~ 1994 THIS CERTIFIES that the building Location of Property 1695 C~BLIS PATH House No. Street County Tax Map No. 1000 Section B1 Block 3 Subdivision Filed Map No. ~OuT~OLD~ N.Y. Hamlet Lot 3. ? Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 2r 1993 pursuant to which Building Permit No. 21327-Z dated APRIL 9, 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLIN~ WITH ATTAu~u GAragE, G~HOUSE & OPEN POPX~A~ APPLIED FOR. The certificate is issued to P~£~ DeNTCOL~ Rev. 1/81 of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 93-SO-10-MA~CH 21~ 1994 UNDERWRITERS CERTIFICATE NO. N-294278 - NOV. 1~ 1993 PLUMBERS CERTIFICATION DATED MARCH 22~ 1994 - ~TBAND PLUMB.m~aT.INC. )XSTRICT 1000 ;ECTION ~51.00 :LOCK 13.00 .OT ]03.007 CONSULT TOUR LAWYER SE~E SIGHING THIS I~STRUM! NT -THIS INSTRUI~Ir SHOULD SE USID BY LAWYERS ONLY · T~IS INDENT~P~ made the ~ ~ day 0f Sept~er,, ~nete~ h~d~d and ninety-three BE~EEN NEIL M. ~, residing at 100 Fox Hill Drive, Baiting Hollow, New York 11933 pa~yof~efirst~,and PETER DE NICOLA, residing at 15 Midland Boulevard, Lake Ronkonkoma, New York 11779 party of the second part, WITNF-~SIZTH, that the party of the first part, in consideration of .............. TEN ($10.00) and 00/100 .................... dollars. lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lyingandbeing~ at Southold, in the Town of Southold, County of Suffolk and State of New York, being known and designated as Lot Number 7 on a certain map entitled "Map of Chardonnay Woods at Southold", filed in the Office of the Clerk of the County of Suffolk on September 28, 1989, as Map N-mher 8822, which said lot is bounded and described according to said map as follows: BEGINNING at a point on the southerly side of Chablis Path distant 755.16 feet as measured along the easterly side of Chablis Path southerly and southwesterly from the most southerly end of a curve having a radius of 20.00 feet, and a length of 31.42 feet connecting the said easterly side of Chablis Path with the southerly side of Chardonnay Drive; RUNNING THENCE South 13 degrees 48 minutes 30 seconds West a distance of. 155.23 feet; RUNNING THENCE North 89 degrees 09 minutes 30 seconds West a distance of 336.95 feet; RUNNING THENCE North 00 degrees 50 minutes 30 seconds East a distance of 54.81 feet; RUNNING THENCE South 62 degrees 38 minutes 05 seconds East a distance of 275.12 feet to the southerly side of Chablis Path; RUNNING THENCE along the southerly side of Chablis Path on the arc of a curve bearing to the left having a radius of 50.00 feet a distance of 66.71 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated May 11, 1989, and recorded in the Office of the Clerk of the County of Suffolk on May 17, 1989, in Liber 10858 cp 278. -Ll. UdU b 'i t olk RS, STATR STA~ OF NEW YORX, COUN~ OF On~e~. dayof Sept~er, 1993, beforeme OnCe dayof ~rsonally ~e personally ~me Nell M. Rego to me ~own to ~ tbe indi~d~ 4~d ~ ~d who executed the fore~in~ instant, and a~owled~ he ~ecuted ~e s~e. No{zary Public~ State of New York LAURA J. OU~(~$ N~ Public, S~s d N~ Y~ No. 495~9~g S~AT= Oe N=W TOR~, COUNglq~'r~o~ ~,37 t~-J~ SS: On the d~y of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. SS: 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing i.nstrument, with whom ! am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WITH COVENANT AGAINST GRANTOR S Ac'rs TITLE NO. p~p 1281203 NElL M. EgGO TO PETER DE NICOLA ~I'HIIIJLIll FORM ff NEW '~OIIK B~Llll ~f TIRE UNBEEWRITE Distributed by CHICAGO TITI.~E INSURANCE COMPANy SECTION BLOCK LOT COUNTY OR TOWN Recorded at Request of CHICAGO TITLE INSURANCE COMPANY Return by Mail to MR. PETER DE NICOLA 15 Midland Boulevard Lake Ronkonkoma, N.Y. 11779 Zip No. TOIgETHER with all fight, title and interest, if anj/, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TO~gETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF~$ WItEREOF~ the party of the first part has duly executed this deed the day and year first above written. Number of pages TORRENS Serial # Certificate # Prior Cfi# Deed / Mortgage Instrument 41 Page / Filing Fee i __ Handling --~ TP-584 ~// . Notation EA-5217 (County) ~'~. __ EA-5217 (State) Comm. of Ed. 5 . 00 Affidavit Certified Copy Reg. Copy Other ~iL~;,~. Real Prt ,~;~ REAl. ESTATE i~' IRANSFER I'AX ' S J'FOIK CO~ k ,y ~' ' 6542 Deed / Mortgage Tax St~mp Recording / Filing Stamps FEES Sub Total ~ ~.. Sub Total GRAND TOTAL ~crty Tax Service Agency Verification ' \ II Dist II tooo FEE PAID BY: Cash Check Section Block __Charge__ OR: ~-~ 0.~1o0 Lot Payer same as R & R Mortgage Amt. 1. Basic Tax 2. SONYMA Sub Total 3. Spcc./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment Transfer Tax c~:~C .00 Mansion Tax The property covered hy this mortgage is or will be improved hy a one or two family dwelling only. YES or NO lfNO, see appropriate tax clause un page # ef this instrument. Title Company lnfi~rmation Company Name Title Numher RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached TO made by: ~De~, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of SO In the VILLAGE or HAMLET of ¥ coo,.,-.,, o,: ~,.,,:,~o,.,~ r~ Real Property Tax .Service Agerlcy~vlLuor · JUDITH T. TERRY, TOWN CLERK Town of Southold SouthoId, New York 11971 Phone: 516 * 765 -1801 DATE RECEIPT 51 5 8 ~. BOARD OF APPEALS, TOWN OF SOUTHOLD In ItF-MAI,~r ot the Petit, ba, fl~OT'' : to the Board of Appeals of the Town nf Southold : TO: ~--'"NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~n?ention of the undersigned to petition the Board of Appeals of the Town of Southold to request ~ar~ance)~Special Exception) (Special Permit). (Other) [circle choice] 2. That the property which is the subject of tl3e,LPetition s~ocate~ adi~nt/9 your property and is des. 3. 'l:hat the property which is the subje.~t of such Petition is located in the following zoning district: 4 That b~ such Petitiun, the undersigned, will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the 'under- signed are Ar'~.cle Sect,ion ['] Section 280-A, New Yor~ 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 theSouthold 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 befure the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times'and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing· Dated: ~'/l~-/q~ . Petitioner Owners'Names: Post Office Address~.,~C~) . No. [Copy of sketch or plan showing proposal to be attached for convenience purposes,] NAM~ PROOF OF MAILINGOFNOTICF ATTACH CERTIFIED MAIL RECEIPTS Z Z ?bt~'~c~ 748 Certi No ~ns~ Do not (See 0 ADDRE55 Receipt lot Certified Mail No insurance Coverage Pr, (See Z 760 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail , Reverse) ~O rate nd ZiP Co e Postage Z 7d,..~--.~93 746 Receipt for Certified Mail No insurance Coverage Provided Do not use for International Mail (See Reverse) )~ STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.; c-~,Jr LoL~ , being duly sworn', deposes and says that on [he I 7~ day of /k~/~ c~7"' ,19 .c~ , deponent mailed a true copy of the Notice set forth on the re- verse side h~reof, 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 persoqs as shown on the current assessment roll of the Town of Sourhold; that said Notices were mailed at the United States Post Of- rice at %a t,~[-o LL~ ; that said Notices were mailed to each of sa!d persons by (certified) (registered) mail. Sworn to before me this / day of Notary Public HErE D. HORNE N~ Publ~, ~tme of N~ No. 49613~ ~ualifi~ ~mmi~ion ~ires May 22, This side does not have to property owners.) be completed on form transmitted to adjoining NOTICE IS HEREBy GIVEN, pursuant to Se4~on 267 of the Town Law and ~he Code of the Town of Southold, that thc following public hearings will be'held by thc SOUTHOLD TOWN BOARD OF AISPEALS a~ Ihe Sotoho4d To~n Hail~ 53095 Mai~ Road, Southold, New York 1197J. oa WEDNESDAY, SEPTEMBER 7, 1~4 commencinf I. 7:32 p.m. Appl. No. 4265 -- PL-f~R DeNICOLA~ Variance to ih= Zoning Ordinance. Article III,A, Section 100-30A.3 for permission to construct deck addition to existing dwelling wBh a settm~ at lea nun ~he r~-qain~140 feet. Location of 1694 Chabhs Path, SoothoJd, NY Lm #7 on the Map 6f Chardonnay Woods; County Tax Map Parcel No. 1000-5t- ~-3,7. The subjec~ p~mise~ contains a 2. 7;35 p.m. Appl. No. 4265 -- J~aCt~L LIEGEy. Vat. ce to ~he Zee~8 Ordinance, Article XXIV, Ss~isms 100-241 and 100-243 for pe~ minion to renovate, repair and ~ single-family QNveiling mlk~andard parcel. Zone ~ J~lllgt~Business (HB). Localilll Preplrty: South Side ~ Mairlll~d (Si. 25), Southold; CoUrtly Ta~ I~ PIIIdlDNo. 1000~-4-7.1.'* ~ 3,, 7:40 p.m. Appl. No. 425~- OSPREy DOMINION CO; adtd ~tRDERICX ~OgHI.~.R, JR. Thh. ts an application rcqocsdng a Speci# Excelx~)n for approval of a new et~ e~tohiishinent in two existing f&'m boildth~s f0F the production and safe of wine produced from ~apes primafl- ly grown in the vineyards on which such wiocFy is located. Location of Vineyards and Wthe~ ~iishme~. 44075 Main Road (State Route 25), Peconic, NY; County T~x Map PaWel No, 1000-75-1-20. The entire contains 50,8 acres located in the AgricultoraLConservatiofl (A-C) Zone District, 4, 7:45 p.m AppL No. 4264 -- JAA~ and M~,qY ANN ABBOTT. Variance ~o the Zoning Ordinance, Article IliA,, Section 100-30A.3 fdr approval of proposed lot-line chang~ between two existing substandard perccls, which as modified will co rain insufficient lot area and wi~ (with no increase in dwelling density:) Location of Property: 8740 and 8810 Peconic Bay Boulevard, Laurel, NY,; County Tax Map Parcels No. 100~- ~ a s?gle-and-scp~ate se~rc ctermmation dMt the -t,_ .h an~ ognize this substandard lot as a o~s- dnCUy SelMtolc Pm~ei for the pu~o~ of zoning. This is not a subdivisiofl PrOject and will he Only a d~- ~erged or merged stdtus. Location tituck, NY; County Tax Map P~rc~l No. I ~0~107-6.6. .~ STATE OF NL ~0RK) ) SS: ~ LI~OJ(~_~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE S~JFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a prtnte~ copy, hu been reg~tlnl-- ly published in said Newspaper once each week ~ [~ weeks au_ccessively, ~qmmencing on The lbaaed a~ApI~I~ will m said sons or tol~s~aati'~ d~n8 m be beard in the above matters. Written comments may also be submilted prior to the conclusion of the subject hear- ing. Each bearing wifi not start befor~ the times designated above. If THE SoUTHOLD