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APPEALS BOARD MEMBERS Gerard P. C-~ehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. q222: Upon Application of CINDY BENEDETTO. This is a request for a variance based upon the Building Inspector's March ~,, 199u, Notice of Disapproval concerning a building permit application for an addition at the rear of existing dwelling which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.~,B of the Zoning Code. Location of Property: Lot No. 61 at Cleaves Point, Section III; 910 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-26. The subject premises is substandard and is located in the R-q0 Residential Zone District. WHEREAS, a public hearing was held on April 6, 199~,, at which time all persons who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS. Board Members have personally viewed and are familiar with the premises in question, its presemt zoning, and the surrounding areas; and WHEREAS. the Board made the following findings of fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.U,B of the Zoning Code for a proposed 16' x 22' addition, all of which is requested to be set back u,8 feet, at its closest point, to the existing bulkhead. (Also shown on the survey is a concrete patio at grade, which has not been disapproved by the Building Inspector for ZBA consideration in this variance application since the patio will be at natural grade. ) 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 5, Lot 61 and is known and referred to as Lot 60 on the "Map of Cleaves Point, Section II1." This parcel is substandard in size containing a total lot area of 12,080 sq. ft. and frontage along Maple Lane of 100.0 feet. Page 2 - Appl. No. 4222 Matter of CINDY BENEDETTO Decision Rendered April 6, 1994 3. This parcel is presently improved with an one-story frame dwelling built in 1976 under Permit No, 8337Z and is more particularly shown on the survey dated May 7. 1997 with setbacks at: (a) 35 feet from the front property line, {b) side yards of 13.6 feet and 10+- feet. (c) rear yard at greater than 64 feet between the foundation and the bulkhead; 4. During March 1985. the Town of Southold enacted "Local Law #4-1985" pertaining to building setbacks from water bodies, and on May 17, 1988. enacted Local law #15-1988 pertaining to setbacks from bulkheads (prey. Section 100-119,2B), 5. Article XXlll, Section 100-239.4B, as re-numbered on Janu- ary 10, 1989, provides that all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound be set back not less than seventy-five (75) feet. 6. It is the position of the Board that the amount of relief requested for the proposed 16 ft, set-back reduction from the bulkhead is approximately 25 percent, although when considering the proposed setback in relation to the 75-ft. requirement, the relief is substantial, 7. In viewing the history of permits and existin9 buirdings in neighborhood, the following information was found (preexisting of the subject code provision unless otherwise .noted below'): a) Lot #38.1 - setback 59+- feet from the closest bulkhead; b) Lot #34 - 50+- ft. to outside edge of bulkhead; c) Lot #33 - 60+- ft, to bulkhead/Dawn lagoon d) Lot #28 - 50 ft. to bulkhead (variance obtained in 1986) e) Lot #20 - 50+- ft. to bulkhead f) Lot #17 - 42 ft. to bulkhead (1977) g) Lot #16 - 40 ft. to swimming pool; 30 ft. to deck. h) Lots #27 and #37 are also under consideration this evening for similar relief, 8. It is also the position of this Board that in considering this application: Page 3 - Appl. No. 4222 Matter of CINDY BENEDETTO Decision Rendered April 6, 1994 (a) due to the substandard size of the property and considering the established setbacks in this waterfront community, the relief granted, with restrictions, is the minimum necessary to afford relief, and there is no other alternative available for appellants to pursue ,other than a variance; (b) the relief, as alternatively granted, is similar to those generally existing in the neighborhood, as noted in para- graph 7, supra; (c) the difficulties claimed are uniquely related to the property and are not personal in nature to the landowners; (d) the relief, as alternatively granted and noted below, would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by denying the relief as requested and granting relief, noted further below. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance for a proposed 16 ft. by 22 ft. addition at a set-back of not less than u,8 feet from the bulkhead (which should be inclusive of any raised deck or step areas), and provided further that the proposed patio/terrace area be open and unroofed, and level with the ground, as proposed. Vote of the Board: Ayes: Messrs. Goehringe~. Doyen. Dinizio. Wilton and Villa. This resolution was duly adopted. Ik RECEIVED AND FILED BY TIiE SOUTiiOLD TO%¥i~ Town Cler!~, To~vn c; '~'; APPEALS BOARD MEMBERS Gerard E Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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 Southoid Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ APRIL 6~ 19~4~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. ~221 - ARTHUR BURNS. This is a request for a variance based upon the March 1, 199~ Notice of Disapproval from the Building Inspector concerning a building permit application for fencing around the existing tennis-court, which height exceeds the requirements when located in a front yard; ref. Article XXlII, Section 100-231 of the Zoning Code. Location of Property: County Tax Nap Parcel Residential. 3525 Private Road #13, Mattituck, NY; No. 1OOO-105-1-~. Zone District: R-80 2. 7:32 p.m. Appl. No. 4218 - JOHN E. STRIPP STRIPP. (Continuation From March 2, 199~). dwelling with reduced front yard setback from off East End Road, and JUDITH D. Proposed Private Road Fishers Island, NY; 1OOO-7-2-9. Page 2 - Notice of He~gs $outhold Town Boardo-T Appeals Regular Meeting of April 6. 199q 3- 7:40 p.m. Appl. No. 4220 - JOHN E. STR1PP and JUDITH D. STRIPP. This is a request for a variance based upon the Building Inspector's February 24, 1994 Notice of Disapproval concerning a building permit application for a swimmingpool with enclosure in a front yard location; ref. Article II1, Section 100-32 of the Zoning Code_ Location of Property: Private Road off East End Road, FisheTs Island, NY; County Parcel ID 1000-7-2-9. 4. 7:45 p.m. Appl. No. 4222 - CINDY BENEDETTO. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application for an addition at the rear of existing dwelling which will be located within 75 feet of the bulkhead along Dawn Lagoon; ref. Article XXIII, Section 100-239.4B of the Zoning Code. Location of Property: Lot No. 61 at Cleaves Point, Section III; 910 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-26. The subject premises is substandard and is located in the R-40 Residential Zone District. 5- 7:50 p.m. Appl. No. 4227 - WILLIAM GASSER. This is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concerning a building permit application for two identification signs, as exist on fence, which do not meet the setback requirement of 15 feet from 'Page 3 - Notice of He~gs Southold Town Board of Appeals Regular Meeting of April 6. lgg~ all property lines, ref: Article X1X, Section 100-91(c), Article XVIII, Section 100-81-C(2a) of the Zoning Code. Zone District: Hamlet Business. 6. 7:55 p_m. Appl. No. 4223 - DONALD BREHM. This is a request for a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a buildi.g permit application for a deck addition proposed within 15 feet of the bulkhead along Dawn Lagoon; ref. Article XXlII, Section 100-239.4B of the Zoning Code. Location of Property: 1010 Maple Lane, Greenport, NY; Lot No. 60 at Cleaves Point, Section III; 1010 Maple Lane, Greenport, NY; County Parcel ID 1000-35-5-27. The subject premises is substandard and is located in the R-40 Zone District. 7- 8:oo p.m. Appl. No. 4226 - THOMAS AND JOAN KELLY. This is a request for a variance based upon the Building Inspector's March 10, 1994 Notice of Disapproval concerning a building permit application to locate a storage building within 75 feet of the bulkhead along Horseshoe Cove at Cutchogue Harbor; ref. Article XIII, Section 100-239.4B of the Zoning Code. Location of Property: 1050 West Cove Road, at Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-1 containing 1.54 acres. Page q - Notice of H gs Southold Town B~d of Appeals Regular Meeting of April 6. 199~ 8. 8:O~ p.m. Al~pl- No. ~22~ - THOMAS AND ROBY GLUCKMAN. This is an application, with amendments, concerning property known as 1350 West Cove Road, Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-2, requesting: a) a variance based upon the Building Inspector's February 23, 199q Notice Of Disapproval co~cer~ing a building permit application to alter an existing garage with attached guest unit, which will include an expansion of the guest ~it by more than ~0 percent of its present size; ref. Article XXIV, Section 100-2ql of the Zoning Code; and b) March q, application to construct an inground pool, fence enclosure, which will not be located yard or required front yard; ref. Article and Section 100-33C o~ the Zoning Code; and a variance based upon the Building Inspector's l~q No:~ce of Disapproval concerning a building permit pool house, deck and in the required rear III, Section 100-33 c) a variance based upon the Building Inspector's Narchl~, 199q Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXlII, Section 100-239.4B of the Zoning Code. Page 5 - Notice of Heegs $outhold Town Board of-Appeals Regular Meeting of April 6. 1994 9- 8:15 p.m. Appl. No. q225 - RICHARD AND DOLORES PRINCtPI. This is a request for a variance based upon the Building Inspector's March 2, 1994 Notice of Disapproval concerning a building permit application to relocate a dwelling structure within 1OO feet of the L.I. Sound bluff; ref. Article XXlII, Section 100-239.4A-1 of the Zoning Code. Location of Property: Lot #2 shovm on the 1985 Map of Blue Horizons, Section ; also known as Zl~60 Blue Horizon Bluffs Road, Peconic, MY; County Parcel ID 1000-?q-1-35.52. 10. 8:20 p.m. Appl. No. 4228 - VICTOR and GAlL RERISI~ as contract vendees. (Owner: Doris E. Schwartz). This is a request for a variance based upon the Building Inspector's March 15, 1994 Notice of Disapproval concerning a building permit application to locate a dwelling, the northerly portion of which will be within 75 feet of the bulkhead near Gull Pond; ref. Article XXIII, Section 1OO-239.4B of the Zoning Code. Location of Property: Lot No. 34 and part of 33 on the Map of Section Two at Cleaves Point, filed Map No. 3521; also known as 800 Snug Harbor Road, Greenport/East Marion, NY; County Parcel ID 1000-35-5-37. ll. 8:25 p.m. Appl. No. 4229 FRANK R. ZALESKI. This is a request for ZBA review and determination confirming and recognizing this vacant lot as exists with nonconforming ~Pacje 6 - Notice of Hea_~? $outhold Town Buard of~ Appeals Regular Meeting of April 6. 19g~ area, width and d~th; ref.: Article XXIV, Section 100-2~4 of the Zoning Code. Location of Property: Lot #11 on the 1965 Filed Map of Deep Hole Creek Estates; also known as 11OO Theresa Drive, Mattituck, NY; County Parcel ID 1OOO-115-13-15. Zone District: R-40.Residentia]. The Board of Appeals will at said tim and place hear any and all persons or representatives desiring to be heard in the above matters. Written c°mme~ts may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated abo~e. If you wish to revie~ the files or need to request mere information, please do not hesitate to call 765-1809 or visit our office. Dated: March 15, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Date .................... . PLEASE TAKE NOTICE that your application dated ~ ' , Location 0fProp:'Jty..~ .~.~ '' ~ . House No. ~ '~ .... Street ..... ~~' Subdivision ................. Filed Map No. ... ............. Lot No .................. is returned herewith and disapproved on the following grounds..~/4~, .~z.~. Examined-.-~..~..~. ........... 19~. ~. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1803 Approved ................ , 19... Permit No ............ .. .... ( Build!fg' Inspector') APPLICATION FOR BUILDING PERM!T INSTRUCTIONS IOARD OF HEAl'TIt SETS: OF' PLAN'S ...... SURVEY ............. ClIECK SEPTIC ;OR,H ..... CALL ........ HAIL TO: Date .'..q.'"'m"m:,,,.S, ........ ~. a. This applicati°n must be completely filled in by typewriter or in ink and submitted to the Building inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public st?eets or areas, and giving a detailed description of layout of property muit 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 BuLlding Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be eccupied or used in whole or in pan 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 describhd. 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 inspecti.~ns. · _ ' ' .......... (Signature of applicant, or name, if a corporation) State whether applicant ts 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 apP.~tca/~t is a corporation, signature of duly au.J.,horized officer.' .... :... · · (Name and title of corPorate officer) ' ' · Builder's License No.. ' ./.c~C7.~.'7../t~..~__ .... Plumber's License No. .k~'y~.~.. . Electrician's License No. '6 Z~ ' ' Ott er Trade s L~cense No... .................... · . . .... .i .............. ~',~, ~_rM,:,,~} , . ' 1. Location ofland on which proposed work wi be'done ...... .q).'O. ........ · ...... · '_. '.. llouse Number . ~ ............ : ......................... lq .)CL/. ...... Street Hamlet ' ' ' connty Tax Map No. 1000 Section '~"-' ' ' Block ' ~'- ............................. ':.. Lot....~..(g. ............ Subdivision ..;. C~V% - CC i 3 ' Filed Map No. (Name) .............. Lot .... /. ........ ; State existing use and occupancy of premises and intended use and o~cupancy of proposed constructioni a. Existing use and occupancy ...O.12'%....~.-ff'Jq 1[%...~c./~.~.l.l.,/xc . ' ' . b. Intended use ~nd occupancy .. '.~)..~i..'f.~.q~. J [~..I..'. '.~:{,(2~-.t/t. a ' ' · ' · 1~" ~/'~"-¢~;',;' :'""""~ .......... 3. Nature of work (check which icable): New Building .......... tion ' ~/ Alteration Repair .............. Removal .............. Demolition .... : ......... Other Work .............. 4. Estimated Cost 2j'/~-~ t/O "" ' (Description) ....... '/ ............................. Fee ..................................... (to be paid on filing this application) $. If dwelling, number of dwelling units ....... {. ....... Number of dwelling units on each floor.. /.. . If garage, number of cars ........................ ' ................................ .... 6. If business, COmmercial or mixed occupancy, specify nature and extent of.each type of use .................. 7. Dimensions of existing structures, if any' Front Hei,,ht ............... Rear ..... · ' ................ Number of Stories ..... . . · ........ Depth ............... Dimensions of shine structure with alterations or additions: Front ' · Depth.. ' ............ Height . · ................ Rear... ..'~.'.~ . 8. ' ....... .' ~ .......... Number of Stories ...... ~ ~"~ ,'. ..... Dimensions of entire new construction: Front ..... . ·; Rear ... Z.z. ......... Depth .. ,/..(,% ....... ~. Height ... ~ ........... Number of Stories ......... ( ....... . . . 9. $izeoflot:Front (0~,'7~- ' Rear '7.-3/.3 .... " ';, .... ~"' ~ ..>. ..... 10. Date of Purchase ...... ' ............ ' ........ ' i ........... tJepth ¥&. / ~3 . ..... ' '. ....... . ...... 2 ......... Na~ae of Former Owner ...~i%c.~£r.,S.~ !o.... ' ........... 11. /-one or use aistnct m wluch premises are s~tuated ...... [~e,~,~g.¢A .+.t.or..t ................................ 12. Does proposed Construction violate any zoning law, ordinar~ce or regulation- ¢.9 ......... -, 13. Will 10t be regmded ....... :. i',.~2..^ ....... ...... Will excess fill be removed~from remises: Yes Name of Contractor ~--,iPB.©. I~ic~'," ......... ,~, ''' i-": '~' .......... Phone No ......... ~ :'' ' ..-. PLOT DIAGRAM Locate clearly and distinctly all buildings, Whether existing or Proposed, and. indicate all set-l~¢k dimensions 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 ¥O~t_ ,lC_ 'OUNT¥ S.S (Name of individual signing contracti" ......... being duly SWorn, deposes and says that he is the applicant )ore named. (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 ~rk will be performed in the manner set forth in the application filed therewith. ' 'om to before me this .............. day or.. 19 %{ R ECEI:~D TOWN OF SOUTHOLD, NEwS~Id Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. John Bertani Builder Inc. 1380 Oakwood Drive 1, (We) .............. of ............................................................................ Name of Appellant Street and Number Southold NY ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON Mar. 4, 1994 APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) John Bertani Builder INc. for Cindy Benedetto Name of Applicant for permit of 1380 Oakwood DRive, Southold, NY 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct addition to. existing home 910 Maple L~[ne, East Marion, NY I. LOCATION OF THE PROPERTY ..................................................................................................... Street /Ham)et / Use District on Zoning Map District 1000 Section 35 B10ck5 Lot 26 A · '0wn~ndy Benedetto ................................................ 2~.burrent Map No. 'Lot No. Prior Owner Estate of Guarriello 2. PROVISION (SI 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 28 Section 100-Zqg.4R 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such oppeal was ( ) request for o special permit [ ) request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that addition would have insufficient back yard setback from bulkhead Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because if addition were to go on side yards, setback requirements would not be met and a variance would h'ave to be obtained anyway. The existing home is already at the 35' front year setback requirement so the addition could not be made to the front of the house. Proposed addition is going over an existing deck but it is still less than 75' back from the bulkhead. There will be a new set of concrete stairs to the basement and a concrete patio area. 2. The hardship created is UNIQUE and is not shored by oil propedies alike in the immediate vicinity of this property and in this use district because not all homes in this area have met required froth, side or back from.blukhead setbacks aS. this home has and therefore have room to add to f~ont, back or sides without seeking relief. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISi K1CT because area is purely residential and made up of single family homes. This den addition, stairs and. patio would be along the.lines of the other homes on Dawn Lagoon. STATE OF NEW YORK ) } SS COUNTY OF Suffolk ) Signature 4th March Sworn to this ..............................................day .. . --. .... 19 94 Notary Public ?NADET~E L. ,ARY PUBLIC State of New York °siding n Sufl~kCou~ "' '~ ~sSent 30 OWNER TOWN iOFi SOUTHOLD .: .CARD ~ STREET ' - VILLAGE ~ '~:?:.' SUB. ~- LOT RES. / ~ ~.., LAND IMP. ACR. TYPE OF BUILDING ~ : VL ' ~ FARM COMM. CB. ,.. -, MICS. - ~,Mkt. Va ue TOTAL:.~ DATE 66 ...... i ~.~ ~. ..... -, ~'...~ ....... . .~.. ..... ~,..~ .,~.~.~, ~;~?~.~ · ., .... . -~.. .... ~ . . -~' · -:~ · ...... ~.~...- - · AGE ;~ BUILDING CONDITION ' ' . . .... .... · .. .. , . .~.,..~:~ ~. N~ ~ NOR~L :~' BELOW ;' '~';~'" ~' '~" "~' ' ' ' ' ' ~. FA~.,~ '~' .. '.~Acre Per: ~ Value ,:. _~... ....... , ....... ~:....~ ~.,~ ..... ~,~ ..... .- ~ ...... ~.~ m ?. ~ Acre ' T, Ilable....~: '- /:~;~?.~" :.-?.. ~ ~;- FRONTAGE ON WATER ' 'w~"f~ .'~, ~'_. /,~A'/??"" :~'~ ~- ~ ~':~ . ~ ~ . , . - ..... ~To~l ~[t~ .,~-";[~:~:~ ;': ~[~ ~:~.-~,:.. :':"~ COLOR · le company, govemmen~l ~gency k/AP OF PI~OPE~T'Y' SU [2VEYED I:0 f2.. AT orcD. E N PO F~T TOM,/[',~ OF SOUTNOLD, GuA,~.Ar'q'T'EED 'PO SE:C~i~.ITY TITLE F~ODEF~JlCt4 VAN "ri i"'~ r", ,- FORM NO. ~ TOWN OF SOUTHOLD BU~.DING DEPARTME~NT Town Clerk's Office Southold, N. Y. Tenporary Certifi-c~te Of~Occupancy THIS CERTIFIES that the building located at }i~101~...I~..n~ ................ Street Map No..C.l.e.a.v.~..P.t. Block No ........... Lot No.6J .... .G.r.e..e.np.o.r..t.. N,¥,.: . conforms substantially to the Application for Building Permit heretofore filed in this office dated ......... D. eC...9 ..... , 19.?~ pursuant to which Builcling Permit No. 83~.Z. dated ........ Jail...1.6 ......, 1976.., was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which thi~ certificate is ~sued ~ .. ?.r~..v.a.~.e...o.n.e..r..a.m.l.~.F..~e..~.~.l.ns. ..................................... The certificate is issued to .. F~.a~k. ~tlal'i[.e.~,~,O. . .0kin..a~. ~,. ?~ (owner, lessee or tenant):-: ..f of the aforesaid building. Suffolk County Department of Health Approval .1~. r~.. 2~....19.F.6... i '. .............. UNDERWRITERS C~RTIF~CA~ No.. p~d~ ..... 0~.o...~.o.e.k...~.o..~..~....~.~..~'! HOUSE NUMBER .... 9J.0 ...... Street .... }.~p~.~...L.a.n.~. ...... ~..~.e.e.~. p.o.r.~. ..... APPEALS BOARD MEMBERS Gerard lq. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1@09 BO~,.D OF APP~d.~ TOWN OF SOUTHOLD March 17, 199a. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 John Bertani Builder. Inc. 1380 Oakwood Drive Southold; NY 11971 Re: Appl. No. 0,222 - Cindy Benedetto 1000-35-5-26 AppI. No. ~223 - Donald Brehm 1000-35-5-27 Dear Linda and,John: We are in receipt of the above-noted applications.requesting variances for proposed addition at the rear of. the existings. Copies of your file have been distributed to the Board Members for additional review and individual on-site inspection. The application has been advertised for the April 6. lg94 Regular Meeting. and a copy. of: the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at the time specified. This public hearing will not start before the times allotted in the attached Legal Notice. and additional time will. of. course, be available if needed. If your presentation will be lengthy, a draft or final written copy is always appreciated. You should feel free to submit additional documentation to support this application at any time before, or during. the public hearing. Since this application has already been advertised, you should be aware that in the event another project on this property needs a variance or other determination from the Board of Appeals. a separate application would: then be required. If you have any questions, pleasecall us. Yours very truly. Ik Enclosure GERARD P. CHAIRMAN GOEHRINGER Page 3 - Appl. No. 4222 Matter of CINDY BENEDETTO Decision Rendered April 6, 1994 (a) due to the substandard size of the property and considering the established setbacks in this waterfront community. the relief granted, with restrictions, is the minimum, necessary to afford relief, and there is no other alternative available for appellants to pursue.other, than a variance; (b) the relief, as alternatively granted, is similar to those .generally existing in the neighborhood, as noted in para- graph 7, supra; (cl the difficulties claimed are uniquely related to the property and are not personal in nature to the landowners; (dl the relief, as alternatively granted and noted below, would not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town and neighboring properties; (e) in view of all the above, the interests of justice will be served by denying the relief as requested and granting relief, noted further below. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT a variance for a proposed 16 ft. by 22 ft. addition at a set-back of not.~less than~48 feet from the bulkhead (which should be inclusive of any raised deck or step areas), and provided further that the proposed patio/terrace area be open and unroofed, and level with the ground, as proposed. Vote of the Board: Ayes: Messrs. - Goehringer; Doyen, Dinizio, Wilton and Villa. This resolution was duly adopted. Ik. GE~,ARD P. GOEHRI'NGER, CIi::~IRMAN DEPARTMENT OF PLANNING {~COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN [VI, JONES, A,I.C.P. DIRECTOR OF PLANNING April 21, 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 Commission 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) j Burns, Arthur Benedetto, Cifidy Brehm, Donald 4221 4222 4223 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 Richard C. Wilton Serge Doyen, Jr. James Diniz~o, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article X/V 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 C~u¥~ssion: x Variance f~om the Zoning Code, Article XXIII , Section 100-239.4B _. Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No: 4222 Applicant: CINDY BENEDETTO Location of Affected Land: Lot #Gl ~ Cleaves Point,Sec.111; 910 Maple Lane, County Tax Map Item No.: 1000-35_5_2G Greenport, NY Within 500 feet of: Town or Village Boundary Line 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 addition at rear of existing dwelling which will be located within 75 feet of the bulkhead nlnnn~ Dnwn I nn~nnn, Copies of Town file and related documents enclosed for your review. Dated: jdr April /~/ 1994 APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 15. 199~ Mr. and Mrs. John Bertani John Bertani Builder, Inc. 1380 Oakwood Drive Southold, NY 11971 Re: Appl. No. 0,222 - Cindy Benedetto 1000-3S-5-26 Dear John.and Linda: Enclosed please find a copy.of the Board's Findings and Determination rendered at our April 6, 1994 Regular Meeting. Please be sure to return to the Building Department for a building pemit, after obtaining other agency approvals-that maybe applicable for this project. For your-convenience, .we ,have.furnished the Building Department Office with a copy of this. determination for their permanent recordkeeping and update. Also, we have transmitted a copy.of; your file to the Suffolk County Department of Plannin~ in .accordance with Suffolk, County's Administrative Cede rules and regulations ,pertaining to, projects located within SO0 feet of a waterway. Once we have received their written response, we will forward a copy to you for your permanent file. Please do not hesitate to call our office or the Building Department if you have any questions. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosure Copies of Decision to: '[own Building Department Suffolk County Department of~ Planning LOTS ALONG DAWN LAGOON: CTM Lot #38.1 (prey. 38 g 39) Molitor (Subd. Lot 32+): no map provided (built 1962! CTM Lot ~37 Reris~-(note:. dual- bulkhead> [Subd Lots 33 & 3~] vacant land CTM Lot ~t3q Corva 12/79 (Subd. Lot 54): 50' to outter bulkhead CTM Lot #33 Weston (Subd. lot 55): 60' to bulkhead/Dawn Lagoon [1977 var: sideyards) ) CTM Lot #28 Stocker, var: (Subd. Lot 59): 50' to bulkhead [ 1986) CTM Lot #26 Benedetto (Subd. Lot 61): 6~ ft. to house now; 501 to deck CTM Lot ~t20 Collins .var: (Subd. Lot 67} 50' to 'bulkhead (1990) CTM Lot #17 Gull Pond Corp. (Subd. Lot #70) ~2 ft. to bulkhead {1987) CTM Lot #16 Breneisen {Subd. Lot ~t71 ) ft. sw, pool; 30' to deck Please see copies of surveys/maps on file for reference in each of the following II. J6/gq. ZBA Hearing folder=: Brehm Benedetto Rerisi. PUBLIC tlEARING BOARD OF ZONING APPEALS TOWN OF SOUTIIOLD April 6, 1994 P1~esent : (7:30 p. m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES D1NIZ10, JR., Member ROBERT A. VILLA, Member RICIIARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board INDEX APPLN .# APPLICANT PAGES 4221 42~8 4220 4222 4227 4223 4226 4224 4225 4228 4229 ARTHUR BURNS ......................... 3-4 JOHN E. STRIPP AND JUDITH 0. STRIPP.. 4-7 JOHN E. STRIPP AND JUDITH D. STRIPP.. 7-19 CINDY BENEDETTO ...................... 19-23 NILLIAM GASSER ....................... 23-34 DONALD BREHR ......................... 34-40 THOMAS AND JOAN KELLY ................ 40-44 THOMAS AND ROBY GLUCKMAN ............ 44-57 RICHARD AND DOLORES PRINCIPI ......... 57-68 VICTOR AND GAIL RERISI ............... 68-80 FRANK R. ZALESKI ..................... 80-84 Page 19 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MR. CIIAIRMAN: If anything happens that you find, tlmt somebody has been down there, let us know. They're certainly aware of it. I'm sure John Thatcher will let us know if anything goes on anyway. Bye. llave a safe trip. MEMBERS: All Ayes. 8:00 P.M. MR. CHAIRMAN: Dt------------------~£ O. Legal Application No. 4222 on behalf of CINDY BEN~,- notice reads as follows: for an application the applicant is a request for a variance based upon the Building Inspector's March 4, 199,t Notice of Disapproval concerning a building permit application for an addition at tile rear of the existing dwelling which is to be located at 75 feet of the or from tile bulkhead along . Dawn Lagoon; reference Article XXIII. Section 100-239.4B of the Zoning Cede. Location of Property is Lot No. 61 at Cleaves Point, Section lll, better known as 910 Maple Lane, Greenport, County Tax Map 1000-35-5-26. The subject premises is substandard and is located in R-,10 Zone District. Copy of the survey Roderick Van Tuyl. P.C. dated May 7, 1992, indicating the approximate placement of tile proposed addition and a copy of the Suffolk County Tax Mal) indicating this and surrounding properties in the area. The pvcstmt time tile deck is approximately 48 feet. The proposed addition is to rtxiuce it down to 39 feet and I have a copy of tile Suffolk County Tax Map. is there somebody who would like to be heard? Oil! Mrs. Bertal~i, how are you? Page 20 Regular Meeting of April 6, 1994 Southold Town Board of Appeals MRS. BERTANI: I would just like to add that since we made the application we did get a wirer from tile Trustees. MR. CHAIRMAN: OK. Does anybody here have any questions of Mrs. Bertani concerning this application? MEMBER VILLA: Yes. The cross-hatch section is the addition, and then they're going to have a deck beyond that?. MRS. BERTANI: It's going to be a concrete patio. MEMBER VILLA: Coacrete patio? At grade? MRS. BERTANI: Yes. MEMBER VILLA: But it says proposed ter'race and stairs. MRS. BERTANi: Well, patio terrace. It comes around to a set of stairs that goes dowu to the basement. It's all outside set of stairs. MEMBER VILLA: The set of stairs going downstairs, all right? So there's no stairs off the terrace, per se on going out? MRS. BERTANI: No. The terrace is actaally grade and then we go down the stairs into the basement. MEMBER VILLA: Actually those stairs are behind it closer to the house. MRS. BERTANI: Yes. MR. CHAIRMAN: This will remain unroofed. This will have no roof over it at all? MRS. BERTANI: (Nodded iu agreemm~t). MR. CIIAIRMA: Just strictly aa opeu patio. Anybody else .... MEMBER VILLA: I deu't have any objections. No, not as long as tile patio is going to be cencl~te at g~'ade we don't have ally jurisdiction over that, right? Page 21 Regular Meeting of April 6, 199,1 Sonthold Town Board of Al)peals BOARD CLERK: Right. MEMBER VILLA: Its grade. BOARD CLERK: That's right. MEMBER VILLA: So thea we're really only looking at the addition. BOARD CLER: And the steps. MEMBER VILLA: Well the steps are there already. Tile steps are already there going to the basement. CLERK: BOARD have. MEMBER O1,:, l'm thinking of Brelnn, the other one that we VILLA: I just waut to be sure that you know nothing is built above grade and adds to it because everything slopes down towards tile bulkhead and ~he canal at that point. MR. CHAIRMAN: I'm a little confused. Why is it before us then? BOARD CLERK: Because it is an addition 16 x 22. MEMBER VILLA: Because you have an addition being built where the deck is now? MR. CIIAIRMAN: Right. MEMBER VILLA: And that's ouly 48 feet from the bulkhead? BOAI~D CLERK: This part is not there right now Jerry. MR. CIIAIRMAN: I tinder'stand. BOARD CLERK: OK MR. CIIAIRMAN: Yeah, I understand. OK, so the elongation of the existit~g deck is the actual addition and then the area in front of that is tl~e cement plalfm'm is at grade and that's the issue that I'm referriug to as nol being i~ithiu otlP jurisdiction. MEMBER VILLA: Right. Page 22 Regular Meeting of April 6, 199,1 Southold Town Board of Appeals MR. CIIAIRMAN: BOARD CLERK: tile deck is. MR. CIIAIRMAN: Basically becaase its that grade although quite houestly it coald be 4 inches above the ground to make it even when you go out some. So the portion when I said to you is that we're referriug only to that cement patio area ill front of the addition? OK. BOARD CLERK: Do you want the deck roofed or not? Your confusing me now. MR. CHAIRMAN: Its encompassing the deck so the deck is gone because that's going to be addition. MR. CHAIRMAN: I, I ask you again does anybody have any objection to this. MEMBER : Not me. MR. CltAIRMAN: Bob MEMBER VILLA: Actually, actually what we're looking tile addition is there already. Right? MR. CtlAIRMAN: Well, tile addition is not there. What there doing is there taking the deck and there making you know an addition out of it. Okay? So in front of that is the cement patio that she is referring to. BOARD CLERK: llere, just from this part over. Right. Yeah, but the addition is enlarged bigger than what MR. CtlAIRMAN:. Right, Yes. MEMBER VILLA: This is tile house that's on tile north, there two of them together. MR. CIIAIRMAN: Right, right. ¢ Page 23 Regular Meeting of April 6, 1994 Southold Town Board of Appeals 7:50 MEMBER VILLA: I'tn getting ~nyself confused. This just an existing deck there now. BOARD CLERK: There's three of them down there really. MEMBER VILLA: Right, so then this one doesn't have a plan or anything else, they just have the addition and then its a concrete MR. CHAIRMAN: Patio. : ' MEMBER VILLA: Patio MR. CltAiRMAN: Right. MEMBER VILLA: OK, no I doa't lmve any objection to that. MR. CItAIRMAN: Does anyoue want to offer a resolution? VII offer the resolution. Granted as applied. MEMBER VILLA: Second. MR. CHAIRMAN: All iu favor. MEMBERS: Aye. MR. CttAIRMAN: ttave a lovely evening. MR. CttAIRMAN: OK, the next appeal is on behalf of WILLIAM p.~SSER. It is appeal nnmber 4227. OK, the legal notice reads as follows: Upon application the applicant 4227 is a request for a variance based upon the Building Inspector's February 4, 1994 Notice of Disapproval concemdng a building permit application for two identification siges, as they exist and to my knowledge the size of the signs are withia coufomnity it is the aetoal placemeut of those sigus where they t, xist which is before os and I have a copy of the Suffolk Couuty Tax properties in the area. Mil. GASSER: Map concerning this and the surrouuding Mr. Gasser woold you like to be heard? COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, bas been published in said Long Island Traveler-Watchman once each week for ..................... .~. .... weeks Succ~$$iYel¥, commencing on the .................. : day of ...... .~.'../~...~....., 19 .?.~.. Sworn to before me this ........... ./.?. ...... day of ......... ..... 79 ~u po n the Butidi nj Ins pector 's ~, 7. 8.~0 pm, AppL N(~ 4226- February 24, 1994 Notice ofl THOMAS AND JOAN KEL-. Dhapprova ' concerning ·1 LY. This is a request for · _mldi.~ ..__it application ~enclosureinaftont~edloca-I 10, l~J4 Notice of Disap- tion; ref. Attic e l~J~'S~on proval concerning a building ~: ~O ~ers Island NY; C~! HorushoeCoveatCut~hnjue ~ r CiNDY BENEDETfO. ~ i Code. Location of Property:, · / ~Dhavvroval concernine · J ?Onlalnlnj 1~4 0~es. , ~,~, ;'.~ / ~:-~,~ ..~ ~forana~jdltionJttherearofJ~.T-HOMAS ~qND ROBY Notary Public ~bulkhead "~lonj "Dawn ' ~~'~ ~t, ~t~ ~; C~n- ~I,I~N~ m~ ~k ~t. ~ '.o~ Dbappro~l from the ~f IS f~ fwm ~ pw~ J ~ ~ ~d ~f~~ I ~on l~l-C(~)of~e~n- [ I~ ~ the ~ t~o~, w~ ~t ~- , ~ ] ~ or ~u~ f~t I~t~ ~fmnt ~ ~. ~ t~ 7:55 ~. A~I. N~ 4~-~ ~d ~on 1~33C of ~e '~m~ ~ ~nd ~0 iinuation from M~h 2, ~ 1~239.4B of ~e ~m~J ~H~ h~ ~) ~~ C~ ~tion'0fPm~y:] ,~f.~cle~lI,~- ~~a~.lf~ ~~[j ~nlll;1010~aple 9.8115~.~LN~4~ ~D 0~ , ~ct all pmsom or xelx~en- ] · 1994 ,Notice ,of '~nce~nj · bufldlnj po,~mk (~ ~s E. ~). f~ ~ the Bufl~ In- NOTICR I$ H~REBV GIVRNg ~ m ~ ~7 ot ~ Town Law ~ the Code of ~he Town of Soulho~d, that the followin~ publfc hearings will be held by sou ,o ow, ~3095 mmn Rood, Sou~hold, New York 11971, o~ WEDNESD&y, AP~ ~ I~, C~menci~ at ~ 7:30 p,m. ~p~l,~N~221 B~ng Im~ ~ a ~ -- Jng pe~it ·pplicntton ~-fencing~ I~ated tn a front yard; ~f. AmclcI XXHL ~ I~l of ~ ~inf Code. ~ation of Properly: Private Road fl3, Ma.truCE*NY; County Tax Map Parcel No. 105-1-4, Zone Dislrict: Resi~nfiaL JOHN ~ ~RIP~ nd ~ITH D. 1994). ~oposed dwelling with ~c~ f~t y~ ~k ~m ~vatc R~ 5ff ~ End R~, Rshcn I~- In~ NY; 1~%2-9. . 3. 7:40 p.m. AppL No~;4220 JO~ ~. S~P ~d J~H D. ~R~. ~ b a ~u~l f~ a v~- ~ / tot's Feb~ary 24. 1994 Notice of, Disapproval coace~ing a building '~. A~e~ m. ~ 1~32 of - ~nin~ c~e. ~ation of '~ ~ivale Road off East End Road, ~ ~ ~Y B~ED~O ~s ss a ~ :quit for a v~cc ~ u~n thc .~ Bulldina Im~ctor's M~ch 4, 19~ ~ ~otice of Di~ppmvoi'~mins ~ ~uildJnf permit a~Jication for an .addition at the ~8gm~ exiatins · , :~elJiflg which will ~ ~ wi~n 75 ;~t of the boi~c~ along ~wn ~f~fl; tel Afliclc XXIII, Section 1~239.4B of ~ ~ning C~. caslon of Property: Cot No. 61 Chis ~inc ~ Ill; 910 Maple :' ~c, G~npfl, NY; County P~I - S:'7:90 p,m=AppL No. 4~27 ~ILLI~M GA~ER. ~s is;h ?~quest f~ a v~a~c b~d 5~n the Builds· ~'s Pc~ 4 I~ ' Notice of Disappmva~ ~r: A~cJe XIX, Scclion '~'the Zoninf ~odo. Zone Dislrict: 6. fo~ · variance bmod ~ Inspector's March 4, 1994 Notice of. for n deck addiflo~ ~; XXIII, Section 100-239.4B of the ~:~'Zoning Code. Location of* Properly: · ~:': 1010 Maple Lane, Oreenpofl, NY; Lot ~'~ No. 60 at Cleaves Point. Section 111; i~ 1010Mnple Lane Oreenport NY [:;* Coumy Pa~eJ ID 1000-35-5-27. Tho ~ ioc~d in the R.40 Zoao D~s~ct.'? ,(;~/" 7. 8:00 p.m. Appl. No. ~,~I'liOMAS m~l $OAN KELLY. This is · requoat for · v~rimce based upo~ Building Inspector's Mar~h 10, 1994 Notice ceding n building I ~¢le XIII. Section 100.239.4B of thc ,~ ,Zoning Code. Location of Proper~y: 1000- I 11 -$-I p.m. AppL No. 4224 ROBY GLUCK-~' SI'ATE OF ) SS: ~of Mattituck, in said County, bein~ duly sworn, says that he/she is Principal Clerk of THE SUIcIcOLK TIMES. a Weekly Newspaper, published at Mattituck, in the Town of $outhold. County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy. has been regular- ly pul~lished in said NewsPaPer once each week for ~ weeks successively, .~qnunenctng on the J'7 day of ~C~(~ 19~_. Principal Clerk 9worn to before me th~l~ day of ~ 190~- NOTARY PUBLIC, STATE OF NEW YORK NO. 52-4655242, SUFFOLK COUNTY COMMISSION EXPIRES AUGUST 31,19(8~ Copies to the following 3/15/94: Times-Review Newspaper (fax transmission) L.I. Traveler-Watchman (hand-delivered 3/15) Copies to ZBA Members with copies of file documents Newsday (Courtesy Copy for Government Watch Section) Original Posted on Town Clerk Bulletin Board (in Lobby) Town Clerk (for distribution to TB & TA) Building Inspector's Office Planning Board Office Applicant or Agent noted as follows: Mr. John Carraway (for Arthur Burns) Mattituck, NY 11952-0293 John Bertani Builder, 1380 Oakwood Drive Southoid, NY 11971 Inc. (for Benedetto and Brehm appls.) Mr. and Mrs. William Gasser 2383 Fifth Avenue Ronkonkoma, NY 11779 Mr. and Mrs. Donald Brehm Box 585, East Marion, NY 11939-0585 Samuel and Steelman 25235 Main Road Cutchogue, NY 11935 (for Thomas Kelly) Mr. David Kapell (for Thomas Gluckman) Box 463, Greenport, NY 11944-0463 Mr. Richard Principi Box 495, Amagansett, NY 11930 Mr. and Mrs. Victor Rerisi 9 Cat Hollow Road Bayville, NY 11709 William D. Moore, Esq. 315 Westphalia Avenue Mattituck, NY 11952-0023 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 (for John and Judith Stripp) Mr. John Thatcher (Re: John F.I. Nature Conservancy, P.O. Green Village, NJ 07935-0132 and Judith Stripp appl.) Box 132 APPEALS BOARD MEMBERS G~rard P. Goehrin~r, Chairman S~r&~ Doyen, Jr. Jam~s Diaizio, Jr. Robe~ A. Villa l~e~-~d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TYPE II ACTION DECLARATION Appeal No. 4222 Project/Applicants: Cindy 8enedetto County Tax Map No. 1000- 35-5-26 Location of Project: 910 Maple Lane, Greenp0rt, March 7, 1994 NY Relief Requested/Jurisdiction Before This Board ~0 ~i~u~t: Construct addition to existing dwelling within 7o' 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 subm~tted~ however, Section 617.13 of 6 NYCRR Part 616, and Section 8 0113 of the Environmental C°n-~u~un ~aw, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA .{Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this Variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bullet' ~opies to applicant o ~ ....... 19 Board, Town Hall · copy placed in ZBA nr~ ~==~no individual board members. = ~ ~= zor record purposes. mc JUDITH T. TERRY TOV~N CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE 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: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk March 7, 1994 ZONING APPEAL APPL NO. 4222 - CINDY BENEDETTO Transmitted herewith is Zoning Appeal Appl. No. 4222 - CINDY BENEDETTO together with the Notice of Disapproval from the Building Department, a letter from Cindy Benedetto giving permission to Linda Bertani to act as her agent in obtaining permits, the Short Environmental Assessment form, the Notices to Adjacent Property Owners, the Zoning Board of Appeals' Questionnaire, a copy of the Certificate of Occupancy and a copy of the Survey Map of the property. Judith T. Terry Southold Town Clerk To Whom It May Concern: Please allow Linda Bertani of John Bertani Builder Inc. to act in my~stead in obtaining any and all permits for the proposed addition and alteration to my home in East Marion. Cindy ~e~etto FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificnte Of Occupnncy Z12428 THIS CERTIFIES that the building r.-3%~W Location of Property ...1.0.1.0. ...... blaple Lane ..... Street Hamlet ~ House Ho. ........................... ~A~.. ~.~.:.~..o.n.... County Tax Map No. 1000 Section .0.3.5. ..... Block 05 . 027 ............. Lot Subdivision...C.~.e.a.v.e..s Point N-' 4650 .60. .................... FLied Map ..u ......... Lot No ............ conforms substantially to the Application for Btdlding Permit heretofore filed in this office dated Februa:¥ 24 19 8.3. pu uantto hichBuildin§PrmitNo Z2291g ..................... , , rS W e · dated ........ .....MAY. .............4 ] 9 .8.3., 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 ......... a ~.:.±vate one-fam±ly dwell±ng. The certificate isissued to DORIS C. TDLr. R (owner./~see er.-tenaat~ .... of the aforesaid building. Suffolk County Department of Health Approval .~.3. T.~.O.-~2.9. ,...1./.2..4/.8.4. t..R.o.b..t:..A.: Villa, UNDERWRITERS CERTIFICATE NO ' [;. ~ 2 ~ 161 .A/~.ril 23 ' 198.4. Date ........................... . ... , . P,So Building Inspector Rev. 1/81 PROJECT I.D, NUMBER 617.21 Appemtlx C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sDonsor) 1 j.~j~.-~RPLICAI~T/SPONSOR ~ 2. PROJECT NAME 3. PROJECT LO~TION: ~ ~ SEQR S. IS PROPOSED ACTION: [] Modlflcatlonlalteratlo~t 6. DESCRleE PROJECT BRIEFLY: Yes [] NO I~ NO, describe briefly 9, WHAT IS PRESENT [-AND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, BTATE OR LOCAL)? DOES ANY ~$PECT OF THE AC?k.~N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I CEflTtFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A.,R,,¢..,,,,..,n,o,..,,,.: If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER I .(Continued on reverse $'id~) The N.Y.$. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by th~s board before any action is taken. ~HORT ENVIRONMENTAL ASSESSMENT FO~%~ I~NSTRUCTIONS: (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 oompleted Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the ' project is not significant. (d) Environmental Assessmen~ 1. Will pro~ect result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or un~ual land forra on the site? Yes _.__No 3. Will project alter or have a large effect on all.existing body Of water? 4. Will project have a potentially large impact oa groundwater quality? ___Yes No 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant Or animal species?Yes _~No air quality? ___~es ___~e 8. Will project have a major effect on visual char- · known to be important to the community? . Yes ___No 9. Will project adversely impact any site or struct-' 10. Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. Will project have any impact on publio health 14. Will project affect the existing community by charact~of the community or neighborhood? 15. Is there public controversy COncerning the project? Yes ____No Representing: 'ZBA g/q$ ,, _ Dates ----II,G ~'l~ ~OUR Z.B.A. APPLICATION 'A. Please ~{~close the m~es of the owner(s) and any other indivi~]~ {a~ entities] having a financial interest in the subject pr~mises and a description of their interests: (Separate sheet z~aybe attached.) ~. Is the sUnjecn premises lis=ea on the real esnaue market for sale. or being shown to prospective buyers? { } Yes {~} No. (If Me_~, p]~se a~h =~_=y of "ccnd/t~nn~,, of ~e.] { } Yes {~ NO D. 1. Are there any areas which contain wetland grasses? ~o 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkheaeed between the wetlands area and the upland building area? 4. If your property contains w~tianes 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? ~ 0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~ulkheada or fen=--s which ~ and are not sh~n un the survey map that you ara submitt_i~. ~ If none exist, please state "none." G. Do ~o~ have any construction taking place at this time concernin~ your pr~-~ises? ~ If yes, please submit a copy of ~rbuilding perm±t and map as approved by the Suilding Dep~nt. If ~one, please state. ~. Do ~ou or any co-owner alsd .own other land close to this parcel? DO If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this and propose~ use ~t~ ~nl~ d~ I~,,,d7~ Aucnorize~ Signature an~ Dace 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Tow~ of Souchold. [.Added ~-5-84 by L.L. ~No. 6-1984} 'A"E'i~-"~,~DS [Amended 8-26-76 by ~ No. 2-197~: A. IIDAL WETLANDS: (1) All lands generally covered or in~rmktentty cov- ered with. or which boraer on. tidal wa~. or lands lying beneath tidal waters, which at mean low tide are covered by tidal wa:ers ~ a maximum de,th of five (5) feet. including but no: limited ~ ban~. bogs. salt marsh, swam~s, meadows, dam or o~her low lying lands subject ~ tidal action: (2) All banks, bogs, meadows, tiaa and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ salt hay. black gr~s, salt~vor~, sea lavender, ~11 cord~ass, higa bush. cat~Hs, groun~a4 m~ahmn{IOw ~d defined {n Hubsec~n ~fR) and ly~n~ w~th~n Seven- ty-five (75) feet landward of the ~s~ ]andward edge of such a tidnl wefiznd. B. FRESHWATERWZTL~NDS: ' (I) "Freshwater wetlands" as defined {n ~r~cle 2~. tlc 1. ~ 24-0107. Subd{v~s~ons l(a) to l(d) {ncluMve. of the ~nv~ron~en~{ Conservnfion Law of the of New York: and (2) All land immediately adjacent to a "freshwater wet- ha. as defined in Subsection 13(1) and lying with- m seventy-five (75) feet la.dward of tke most land- ward edge of a "freshwater wetland." 9705 2 .*.$. ,$ TOWN OF SOUTHOLD~ NEW YORK ACTION OF THE ZONING DOAI~D OF AFPEALS ~ATE .Ja~a&~¥ X5,197~ Appeal No. 2093 Dated December I:L, 3.975 ACTION OF THE ZONING BOARD OF APPEAL5 OF THE TOWN OF SOUTHOLD To Joseph C. Corne11 a/c Frank & Edna (~mrriel~o at a meeting of the Zoning Board of Appeals on ~JUO~ti~L'~ IS s was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance anc~ the decision of the Building Inspector ( ) be revers..~d ( ) be co~ed ~ 7~45 ~.M. iS.St'T.) upon &Ppltc&tifln~ ..)£ Joeaph C'. Cornell, COgl~X1 Ccmmt-~'uotton CoL,~., 8outhold, ~v York &/o Fr~mk & h Guazr/m/Xo for · variance &n ·~ordanom v~h ~he Zoning Ordtnmnoe, A~t. toXe III, Section 100-30 and BuXk Sohedule for pezlimmton to oonstruot dvmllin9 'with bsu££iot.nt aide yard. Location of property· Lot Ho. 61, ~p Of CXmavmm l~)tnt, GOO·lost Ill, M/S Haple Lane, Grmml~port, New York. Fee pa~ $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by a~l properties alike in the immediate vicinity of .this property and in the same use district because (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was further determined that the requested var/ante ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEALS After investAg&tAon and Anspect%on the Board £1nds thet Anmu££1Olent sade yazd, Lot MO. 61, Map of CXeavem Point, Section XXX, on ~he wot side o£ Maple Lane, Greenport, M Y6rk. ~he £AndAngs of ~ ~d ~ ~ applA~ ~ld ~ DOyen. REASON FOR APPEAL (~1~ Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because applicants' plans provide for a minimum accommodation needed by him for his care, comfort, and welfare. In addition, if a change was made in the plans reducing the area of the affected southwesterly corner, the remaining room area would be insufficient for the intended use. 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 the subject lot ~is rectangular in that the street line is 100 feet in width, and the rear line narrows to 70.00 feet in width, which causes the projection of the southwesterly corner of the planned structure to incroach upon the side yard area. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lots shown on this filed map are all substandard in size, many being as small as one-third of an acre, which will result in'the homes being close together. STATE OF NEW YORK ) , ) COUNTY OF Suffolk ) ss Sworn to this,. ....... ,1.,~..,t.h. ............................. day of ...............D..e..c...e...m]~....e...r. ..................... 19 75 '~'~lic ........................... LEFFERTS PAINE EDSON ~IOTARY PUBLIC, State of New York ,No. 52-]077685 - Suffolk County ,~.)mTrdS~a~ F. xpires March 30, 1977 R~40 ISLAND 035 JUDITH T. TERRY, TOWN CLERK RECEIPT 0 Town of Southold Southold, New Yod( 11971 ~'~ Phone: 516-765-1801 (,/.~ ~ '~ 19. [] CASH BOARD OF' APPEALS, TOWN OF SOUTHOLD In the Ma[tcr or thc Petition of : (L~ r~t (3c,x~d t r+o : to the Board of Appeals of the Town of $oughnld : TO: YOU ARE HEREBY GIVEN NOTICE: to request a (~ (Special Exception) (Special Permit) NOTICE TO ADJACENT PROPERTY OWNER ~Thatitistheintenti~n~ftheundersignedt~petiti~ntheB~ardofAppea~s~fth~T~wn~f~uth~d (Other) [circle choice,] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is~he subject ?f such Petition is located in the following zoning district: 4 That h¥ such Petition, the undersigned will request the following relief: I 5. That the provisions of the Southold Town Zoning Code applicable to thc relief sought by the under- signe~i are A:tLcle ~ Section ~ 0-0- ~ .~g3 [ I Section 280-A, New Yore Town Law for appr0val 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 5outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours· (51~) 765-~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mat.[ituck Watchman, nffwspapers published in the Town of Southold and designated for the publication of such potices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names:_ ~,~d~t /~r~e~ Post Office Address, Tel. No. ( Sqb)V& [Copy of sketch or purpose~,,] plan showing proposal to be attached for convenience BOARD OF' APPEALS, TOWN OF SOLJTHOLD In the Matter ~r !~e Petition of C,^ck[ to the Board of Appeals of the Town of Southold ., YOU ARE HEREBY 61YEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Thai i~ the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~nc~ (Sp, ecial Exception) (Special Permit) (Other) [c'~rcle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Ca IO O"lo.p I~. LCL~ 3. Tha.t the property which is the subject of such Petition is located in the foUowing zoning district: 4 That b% such Petition, the undersigned will request the following relief: $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~.~" Section I ~ -- 2 ~$c; .,. I ~ [ ] Section ZB0-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 wiU be filed in the Southoid Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard 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 c~esignated for the publication of such nptices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Owners'Names: ~L~ Post Office Ad~rcss ' Tel. No. ( ~6 ) 76 -I q¢ [COpy of sketch or plan showing proposal to be attached for convenience purpose~.] BOARD OF APPEALS, TOWN OF SOUTHOLD in the Matter or the Petition of to the Board of Appeals of the Town of Sourhold NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southnld to requesta~nc~ (Special Exception] (Special Permit] (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 3. That the property which is the subject of such Petition is located in the following zoning district: 4 Tbax b~ such Petition, the undersigned will request the following relief: 5. That the provisions of the Southotd Town Zoning Code applicable to the relief sought by the under- signe~ are Article ~' Section ~ ~ ~ ~Z~,t~ iS~, - [' ] Section 280-^, New York Town Law for apDroval of access over* right(s)-of-.ay~ 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. {Slfi) 765-2.809. 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, n~wspapers 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. Petitioner Post Office Ad.ess Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK) , being duly sworn, deposes and says that on' the ~-- day of ' I~t×c'~l~- .19 ~...~.~, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Soulhold;that said No;ices were mailed at the United States Post Of- rice at ~-~i~"~J"~O ~(~'- I I~ L~ ; that said No;ices were mailed to each of said persons by c~tifie~)~registered mail. Sworn to before me this day of '~,,~ , 19 / Notary Public BERNAOET[E t. TAPUN NOTARY pUBLIC 1~ State H New York Residing in Suffolk CO~U. II~ .q~ (This side does not have to be completed on form transmitted to adjoining property owners.) . Receipt for Certified Mail No Insurar~ce Coverage Provided (See Reverse) P 358 2i3 6'44 Receipt for Certified Mail No Insurance Coverage Provided {See Reverse) P 358 ,213. 642 Receipt for Certified Mail No insurance Covera§e Provided (See Reverse)