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4150
APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wii~n Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTT©N OF THE BOkRD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4150: Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: {1) proposed addition at the west side of existing dwelling with a reduction in the side yard; (2) proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east side by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also.shown on the Subdivision Map of Harry DePetris as Lot ~14. WHEREAS, a public hearing was held on February 23, 1993 and at said hearing all those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all 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. The premises in question: (a) is a parcel of land containing a nonconforming lot area of 10,841 square feet, and situate along the northerly side of East Legion Road and the westerly side of North Riley Avenue, Mattituck, Town of Southold; (b) is presently improved with a single-family dwelling structure situated 30 feet from the front property line, i1'10" from the westerly side property line, 13'5" from the easterly (front) property line along N. Riley Avenue. A survey prepared January 26, 1993 shows a small 7' x 9' porch at Page 2 - Appl. Noel50 Application of ROBERT AND ANNA FINORA Decision Rendered March 18, 1993 the northeasterly corner of this dwelling, leaving a reduced setback in the easterly (front) yard at approximately five feet (at its closest point). (c) is located in the R-40 Zone District as adopted in the Master Plan revisions dated January 10, 1989. 2. By this application, appellants have requested permission to construct an addition at each the easterly front yard with a setback at eight (8') feet and the westerly side yard with a setback at 4'6". This new proposal would increase the setback from North Riley Avenue, but reduce the setback from the westerly property line (near adjoining hedge area). The dwelling as exists was built prior to 1963. 3. Today's setback requirement, under Article XXIV, Section 100-244B requires a minimum front yard setback at 35 feet, or the established average within 300 feet on the same block, same side of the street, and the minimum side yard setback at 10 feet. 4. The amount of relief requested by this application is a reduction in the westerly side yard to five feet, and a request to extend a nonconforming setback from the porch to a length of 24 feet (= 31 feet total less 7 feet for existing porch). 5. In considering this application, the Board finds: (a) that the width of the lot along East Legion Avenue is 52.89 feet which lends to the difficulties in building a family-sized residence; (b) that the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (c) that the construction under consideration will not cause or create an increase in any dwelling unit density pertaining to this property or cause a substantial effect on available governmental facilities; (d) that there is no other alternative feasible for appellants to pursue; (e) that thc benefit to the applicant will not be detrimental or cause any adverse effects to the health, safety and welfare of the community; Page 3 - Appl. NoI ~150 Application of ROBERT AND ANNA FINORA Decision Rendered March 18, 1993 (f) that in considering all of the above factors, interests of justice will be served by granting the relief requested and as conditionally noted below. Accordingly, on motion by Member Wilton, seconded by Chairman Goehringer, it was RESOLVED, to GRANT ALTERNATIVE RELIEF for approval of the requested additions with setbacks at eight feet from the westerly side property line and at eight feet from the easterly front property line (along North Riley Avenue), maintaining the established 30 ft. front yard setback along East Legion Avenue. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk /'GERARD P. GOEHRINGER, CHAIRMAN the APPEALS BOARD MEMBERS Gerard 1~ Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. 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 Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY~ FEBRUARY 23t 1993 commencing at the times specified below: 1.. 7:32 p.m. Appl. No. 4148 - Application of CHRISTOPHER AND HEIDEMARIE GRATTAN for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a reduced (southerly front yard) setback from a private right-of-way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and contains a total lot area of 51,603 sq. ft. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor Subdivision Map of Louis Ramunni approved May 30, 1973. Property Location: 6305 Horton's Lane, Southold, NY. Page 2 - Notice Hearings Southold Town Board of Appeals Regular Meeting of February 23, 1993 2. 7:35 p.m. Appl. No. 4149 - Application of MARTIN BUSSANICH requesting a Special Exception for an Accessory Apartment in an existing principal dwelling structure all in accordance with the provisions of Article IIIA, Section 100-30A.2(B-1) and Section 100-31(B-14). The subject premises is located in the R-40 Residential Zone District and is improved with a single-family dwelling constructed prior to January 1, 1984. Property Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; ~lso identified as Lot ~8 on the Map of Harvest Homes Estates, Section I. 3. 7:40 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: {1} proposed addition at the west side of existing dwelling with a reduction in the side yard; {2} proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry DePetris as Lot ~14. Page 3 - Notice ~Hearings Southold Town Board of Appeals Regular Meeting.of February 23, 1993 4. 7:45 p.m. Appl. No. 4153 - Application of MR. AND ~S. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A and Section 100-33 for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road ~12), Southold, NY; County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, and principal setbacks in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4155 - Application of MARY P. FURLONG and others for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of a porch addition with an insufficient rearyard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. 6. 7:53 p.m. Appl. No. 4154 - JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (30%) percent of the total lot area. Subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 (previously referred to as Numbers 2 and 3 and abandoned lot width Page 4 - Notice tearings Sou~hold Town Board of Appeals Regular Meeting.of February 23, 1993 sections of 8th St. and 7th St.), for a total lot area 67,124 square feet. Street Address: 645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 7. 8:05 p.m. Appl. No. 4151 - Application of EDWARD F. RODENBACH, as Trustee~ requesting a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY; County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. 8. 8:10 p.m. Appl. No. 4145 - (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD F. RODENBACH, as Trustee~ for a Variance under Article III, Section 100-32 to meduce lot area of combined Lot Nos. 5 and 13 (owned by McGeeney) for an exchange of property with Lot 6 (owned by Rodenbach, Trustee) in this pending lot-line request. The northerly parcel will consist· of a total combined area of Nos. 5 Page 5 - Notice gs Southold Town Board of Appeals Regular Meeting of February 23, 1993 and 13 of 61,817 (4356+- sq. ft. and 57,461+-) square feet. The southerly parcel will consist of a total lot area of 28,957+- square feet. Location of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combined Lot Numbers 6 and 13 as exists is substandard, and Lot ~5 is substandard. Both lots are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard 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 the files or need to request more information, please call 76.5-1809 or visit our office. Dated: February 9, 1993. 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 · ..z~,,~..,..v,.f,..,..~/?..~ ..... PLEASE TAKE NOTICE that your application dated .... .~./e~. ................. 19 ~. Location of Property 7~ ~ d~ ~[,ree[ .......... ~~~ fi~6s~ ~o~ ................... Hamlet County Tax Map No. 1000 Section ...... ~.~... Block . . .~ ......... Lot . .~ .~ ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds · · ~-. ~~ ~' - . ~~..%. ~~ ...... ,..~. .. ~.. ... .; ......... ~..~... ............... ~~..~~...~.~~... ~~../.~ ~~~..~~'. ........... RV 1/80 FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined ~..~. ........... 19 .~..~ 19 Permit No ~,pproveu ................. - - - ....... ..... .... ,~-.~D, ...................... ' '.' (Building Inspector) .-,;?, ~]" ! . APPLICATION FOR BUILDING PERMIT ;"~IJ,~;¢~'b' ..... INSTRUCTIONS O0,\RD OF HEALTIt ......... 3 SETS OF PLAXS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. NOT I FY ~ CALL ................... HAIL TO: Date ................... 19... a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspedtor, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule· b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work· e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housingx~le, and regulations, and to admit authorized inspectors on premises and in building for necessary inspectioffs. -- (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ......... ..... ;;": :' 2/.' i ................................................... Name Of owner of premises .~)~.'~..~...Tff'... ~. ~././...~....~ ff..M~..~. .... ii '. i ....... '.' .... '.' ...... (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 ......................... Other Trade's License No ...................... 1. House Number Street Hamlet County Tax Map No. 1000 Section ..... /.?...2:_. ....... Block ...... .~. .......... Lot....'-~. ~ ........... Snbdivision ......... ............................ Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use~ and occupancy of proposed construction: 3. Nature of work (check which applicable): New Building .......... Addition ~" Alteration Repair .............. Removal .............. Demolition .............. Other Work ............... (Description) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on filing this application) 5. 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 ,fl...P/./. ....... Rear .,:~,~./. ........ '13;~;h' Height .... ..~ .......... ~umber of Stories . . ./. .... Dimensions of same structur~ with alterations or additions: F'r~);~' i i i. i i i i i i i i i i i i i 'l{;jr' 1-21 i ii i ii i ........ Depth ...................... Height .......... ........ : · · · Number of Stories ........ ' ' ' ' 8. Dimensions of entire new construction: Front ............. :. Rear Depth ~ Height ............... Number of Stories .... .................. , 9. Size of lot: Front ~, at;~7°,/ Rear ,.F'c/J o~' ' ~,'': ....~ '4; 7',2' ............. 10. Date of Purchase . ./?,~'?~.?~ .................. Name of Former Owner ./{. ..................... 11. Zone or use district in which premises are situated. ,~..,(7.-F.,/.~.,ff-~ .7'7,/.,~/x. i iii ........ 12. Does proposed construction violate any zoning law ordinance or re,,ulation' ,'~,, 13. 5ii1 lot be regraded ....~.Z"~Of,-..~. ..... ~ .......... Will excess'fill be r~.n~;~c~ ~r'o~ ;'r;~i~e's; ..... '~,s' ' ' ' '(~ 14. NameofOwnerofpremises~/.a.~.~.?7..,~././v.a.~..d. Address~rO.( 7 j"fi.'. .~,zt. ~-.,q..,y~c/ phcmo Nln ,~. ~ d~,(/.ffO x.....- e of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ............. /f. ....Phone No ...... i ......... 15. .Is this property within 300 feet of a tidal wetland? eyes-.[/-- .... No ......... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate cldarly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property fines. Give street and block number ~ description according to deed, and show street names and indicate whether interior or corner lot. ~~Z~ ~ ~l/"ff ~' STATE OF NEW V-~RK"Z' '7~-~-- ~--'--. _~ ~ ' · COUNTy S.S - _. _ ~.,'~,e... being duly sworn, deposes and says that he is the applicant · (Name of individual signing contract) above named. He is the . ff..t*../.~...zr.~.~... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .......... .... ...... CLAIRE k GLEW . ' ' Notary Public, State of New York ~'~ · '~-%/~' ~?. · ~,~~-7,~%. · ........................ · No. 4879505 (Signature of applicant) Qualified in SuffoJk County Commission Expires December 8, 19 ~-...~ C E IV E D---- FEB O& I993 TOWN OF SOUTHOLD, NEW YORK Southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR ,- ...... ~APPEAL NO. 1 DATE ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ,, ........ ................ Name of.. A~Pe.~llont, L,.~ -~ Street and Number ~ ? ~ ~ /~/'/' PPEAL TO ......... ............................ .EREB ^ WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of Street and Number Municipality State ( ) PERMIT TO USE ( PERMIT OCCUPANCY 1. LOCATION OF THE PROPERTY ...ZZ.~... -,~..~.~-~..-~-./. ...... '.~.....~--/-'5-...~..~....~.~.~. ~/ ' ......................... · Street /Hamlet 7 Use District on Zoning Map District lO00 Section/ii Block )Lot3~_. ' Owner~--~T=/,~/f~',"Z'~-~'"~'~ ...................... ~ .... ~ .......... ~uurrenc Map No. 'Lot No. Prior 0wner//ffe~,P/d 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~ R Section /o~v - ..~0 ,--5. ~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~C) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. ~2 Cons. Loews Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has n..____ot) been made with respect to this decision Of the Building Inspector or with respect to this property. Such appea was ( ) request for a special permit ( ) request for a variance and was mode in Appea! No ................................ Dated ............................ .~ ........................................ ' t~EASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 ~ A Variance to the Zoning Ordinance is requested for the reason that 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 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because " 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISIIq. IC'r because o o STATE OF NEW YORK )~' /-~ ' :' ' COUN~ oF:,,.,.~(~' ss ~i4 ................................. ........................... ...:.. ........... ............ ........................ Notary Public CLAIRE L~ GLEW No~y Publl~. 5~me o~ New No. aueflfled in Suffolk County Commission Expire~ December 8, 19,.~.~ / ,__~ .~..' ' /c,;o-/~-3-~z TOWN OF.SOUTHOLD PROPERTY RECORD CARD O E ' ~ ~'~ -~/.~' ..._ Z~,..,~.. STREET ~/~ · VIL~GE DIS~ . ~ LOT : FOYER OWNER ..... ~ .... .' 5 W ~PE OF BUILDING . . . ~E~. ~ ( 5~S. ~ML. FA~ COMM. CB. MI~. Mkt. V~lu~,.~ .' ~ND IMP. TOTAL DATE REMARKS 3o0 .l~oa 13oo ~G ~.:~ ~'t~ 7oZ) /~ ~1~o / ~/~f/7~ AGE BUILDING CONDITION N~' NOR~L BELOW ABOVE FA~ Acre V~lue Per Volue Acre Tillable ~ Tillable 2 T~llaSle 3 SwamPlond FRONTAGE ON WATER Brushland . FRONTAGE ON ROAD House P~ ~_ DEPTH ' ' ' BULKH~D Total COLOR M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio Total I Foundation I ~.~/~x-~J Bath Basement J ~//~ ~"" Floors Ext. Walls ~w)..;~-,~ (<~. Interior Finish Fire Place ~ ~, U' Heat Type Roof I , { ,/~ Recreation Roon Dormer Driveway Rooms 1st Floor Rooms 2nd Flooi DR. SUFF.. CO,TA~' MAP DATA: i~- i22- ~- 32. NOTE: DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING April 2, 1993 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. plicant(s) ~/Finora, Robert & Anna Donadic, Steve Municipal File Number(s) 4150 4158 Very truly yours, Arthur H. Kurtz 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 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the SuffoLk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the SuffoLk County Planning C~,v~ssion: XX Variance from the Zoning Code, Article IIIA , Section ~00-30A.3 ~Vari~nce from Determination of Southold Town Bu!lding Inspector Special Exception, Article , Section Special Permit Appeal No: 4150 Applicant: Robert and Anna Finora Location of Affected Land: 795 East Legion Ave., Mattituck, NY 'County Tax Map Item No.: 1000-122_3_32 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 Comments: at west 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 Applicant is requesting permission.to locate (1) proposed addition side of building with reduction in side yard and (2) proposed addition at east side of building with reduction in front yard. ~6pies of Town file and related documents enclosed for your review. Dated: March. 30, 1993 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizie, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 29, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. and Mrs. Robert Finora 205 Seventh Street Laurel, NY 11948 Re: Appl. No. 4150 - Additions (Sideyard and Frontyard) Dear Mr. and Mrs. Finora: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our March 18, 1993. Please note that the Board granted alternative relief thereunder for a sideyard setback at eight (8') from the westerly side property line and at eight (8) feet from the easterly front property line (toward N. Riley Avenue). Please be sure to return to the Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals deemed necessary for the construction of these two additions. We have furnished copies of this alternative approval to the Building Department for their update and record, and a copy to the Suffolk County Department of Planning in accordance with the rules set forth in the Administrative Code for projects located within 500 feet of waterways, and state or county properties. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Department Suffolk County Department of Planning L 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, atI the Southold Town Hall, 53095 Main Road, Southold, ! New York 11971, on TUES-I DAY, FEBRUARY 23, 1993~ commencing at the times! specified below: 1.7:32 p.m. Appl. No. 4148 Application of ! CHRISTOPHER AND HEIDEMARIE GRA'I'FAN for a Variance to the Zoning Ordinance, Article III-A, Sec- tion 100-30A.3 for permission to construct deck addition to existing dwelling with a reduc~ ed (southerly front yard) set- back from a private right-of- ] way Which intersects with] Horton's Lane. The subject premises is a corner lot as defined by Section 100q3 o~' i the Zoning Code and c~ntaiiiS a total lot area of 51,603 sq. in this R-40 Residential Zone District. This parcel is morel particularly identified on the [ Suffolk County Tax Maps as District 1000, Section 54, ] Block 7, Lot 18.8 ' (previously ~ part of 18.5 and 18) and is :! shown on the Minor Subdivi- i sion Map of Louis Ramunni ! approved May 30, '1973. Pro'-i perry Location: 6305 Horton's ~ Lane, Southold, NY. ii 2. 7:35 p.m. Appl. No. 4149 - Application of MARTIN BUSSANICH requesting a Special Exception for an Ac- cessory Apartment in an ex- isting principal dwelling struc-~ ture all in accordance with the provisions of Article ILIA, Section 100.30A.2(B-I) and Section 100-31(B-14). The sub- I ject premises is located in the R-40 Residential Zone District and is improved with a single-. family dwelling constructed prior to January 1, 1984. Pro- I petty Location: 430 Grigonis ' Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also iden- ' tified as Lot g8 on the Map of Harvest Homes Estates, Sec-. 3. 7:40 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for~ Variances to the Zoning Or-' dinance, Article IlIA, Section 100-30A.3 (Bulk and Area! Schedule) for permission to locate: [1] proposed addition at the west side of existing dwelling with a mduct~on m the side yard; [2] proposed ad- ] dition at the east side of ex- ! isting dwelling with a reduc- I tion in the front yard. This i I property is a corner lot as i defined by Section 100-13, is I nonconforming as to total lot I area, lot width, and principal I setbacks in this R-40 Zone[ District. Property Location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; Coun- 6. 7:35 p.m. Appl. No. 4154 - JAMES R. LEWIS (for EAST END MARINE SUPP- LY INC., Tenant). Variance to the Zoning Ordinance Article XIV, Section 100-142 for per- mission to locate a new warehouse building for com- mercial storage in this Light Industrial (LI) Zone District with lot coverage in excess of thirty (30~/0) percent of the total lot area. Subject premises Windy Point Road (private '~ road #12), Southold, NY;I County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal set backs in this R-40 Zone District· 5.7:50 p.m. Appl. No. 4155 - Application of MARY P. FURLONG and others for a Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for approval of a porch addition with an insuf- ficient rear yard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, Southold NY; County Tax Map District 1000, Section 78, Block 3, Lot ' 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. Rodenbach, ll'ustee) in this pending lot-line request. Th~ northerly parcel will consist of a total combined area of Nos. 5 and 13 of 61,817 (4356+-sq. ft. and 57,461 +-) square feet. The southerly parcel will con- sist of a total lot area of 28,957+- square feet. Loca- tion of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers consists of combined County 1000-6-2-5, 6 and 13. Combin- ~ Map Lot Nos. I and 44.1 ~ ed Lot Numbers 6 and 13 as (previously referred to as exists is substandard, and LOt Numbers 2 and 3 and aban- i g5 is substandard. Both lots doned sections of 8th St. and'~ are located in the R-80 7th St.), for a total lot area | Residential Zone District 67,124 square feet. Street Ad- ! The Board of Appeals 'will d~ress:. 645. Ninth Street, and [ at said time and Place hear any ~orwm. Street, Greenport, / and all persons or represe6- town ol Southold, NY. Coun- tatives desiring to be heard in ty Tax Map District 1000, Sec- tion 122, Block 3, Lot 32; also shown on the Subdivision[ Map of Harry DePetris as Lot #14. 4. 7:45 p.m. Appl. No. 4153 ! - Application of MR. AND i ~oVe t~t,v~q a mmq'r: RODENBACH, as 'fi'ustee, re- ?~'~a~n'~t~o~'t'~Z~n"i~l;i questing a Variance to the t'~ ri' an s, artit-lt, llll Rt~o,t~ Zoning Ordinance, Article III, tion 100-30A and Section] Section 100-32 for perm~ssmn · · to locate a proposed new 100-33 for permission to locate~ ~ . . · . --)awelling w~thln a, bu, ilding an accessory garage but ding :~fi~6iope area having areduc- in the front yard area with a ed rear yard setback at not less reduced side yard setback.; than 20 feet and conforming Location of Property: 705 side yards and front yard set- ty Tax Map District 1000, Sec- tion 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 7. 8:05 p.m. Appl. No. 4151 - Application of EDWARD E backs, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an ex- change of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY; County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. 8. 8:10 p.m. Appl. No. 4145 - (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD F. RODENBACH, as Trustee, for a Variance under Article III, Section 100-32 to reduce lot area of combined Lot Nos. 5 and . 13 (owned by McGeeney) for an exchange of property with LOt 6 (owned by the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office.. Dated: February 9, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER ~: ,, :..:. ,.. CHAIRMAN ~.~:., By Linda Kowalski 1X-2/11/93(18) UOUNTY OF SUFFOLK S'I'A I'[~ OF NEW YORK Patricia Wood,' being duly sworn, says that she is the Editor, o( 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. h~s been pt~blished in said Long Island 'fraveler-Watchlmtn once each week roi' . .................... / ..... weeks successively, commencing on tile ........... ,(./, ~( Sworn Icl before mc Ibis .......... // ......... clay of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of ~e~v York No. 480C~46 Quatified in Suffolk County C~mmission Expires ~/$~/~¥ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr.' Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 Telephone (516) 765-1800 February 9, 1993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island TravelerrWatchman, Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at the time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is lengthy, a draft or final written copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of the Code to be considered, you must file separate application forms; obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our Office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Enclosure Linda Kowalski 205 7th. Street Laurel, N,Y. 11948 March 9, 1993 Zoning Board of Appeals Town of Southhold Southhold, N.Y. 11971 Attention: Zoning Board Members Thank you for your time and consideration at February 23rd meeting of Zoning Board of Appeals. After our meeting and some further thought on our part, we felt the following should be considered: First, the site for which the variance is requested is situated on a dead end street, with no thru traffic. Subject proposed building site is the sole building site on the North West side of Riley Avenue. Therefore, the 10 feet requested on the East Side of existing building would not create any adverse condition. Second, the East Side of proposed building will be 17 1/2' from the paved edge of Riley Avenue. We have spoken to Mr. Jacobs of the Highway Department about our plans and he assured us that the 10' requested would in no way interfere with the road. He further stated that one should never expect Riley Avenue to be widened since it presently is consistent with the width of other town roads and the side of the road in question only serves one dwelling, and that being our proposed dwelling. As for the West side of house, we have spoken to our neighbors concerning our proposal expansion and they raised no objections to same. Although you may have already considered our application, it would indeed be most appreciated if you take into consideration this additional information before a final decision is rendered. Very truly yours, '~Robert Finora Anna Finora Copies of Legal Notice mailed to the following 2/9/93: Mr. and Mrs. Christopher Grattan 6305 Horton Lane Southold, NY 11971 Mr. and Mrs. Charles A. 7 Chatham Place Dix Hills, NY 11746 Burst Mr. and Mrs. Martin Bussanich 430 Grigonis Path Southold, NY 11971 Mr. and Mrs. Robert Finora 205 Seventh Street Laurel, NY 11948 Rudolph H. Bruer, Esq. (for Mary P. Furlong & Ors.) Main Road, P.O. Box 1466 Southold, NY 11971-1466 Mr. Garrett A. Strang, R.A. Main Road, P.O. Box 1412 Southold, NY 11971-1412 (for East End Supply Co./Lewis) Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Copies available for Board Members (mailed and/or placed in box for pick-up) 2/9/93); Delivered to official newspaper 2/9/93 12:00 noon. Original Legal Notice posted on TC Bulqetin Board 2/9/93. Copies of file to Board Boxes 2/9/93 (Serge Doyen's copies mailed 2/10/93 a.m.) APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Serge Doyen, fr. James Dinizio, Jr. Robert A. Villa Richard . ' Telephone (5~6) ~t-~& BOARD OF APPEALS TOWN OF SOUTHOLD February SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 4, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4150 Project/Applicants: County Tax Map No. Location of Project: Robert and Anna Finora 1000- 122-3-32 795 East Legion Ave. & Riley Ave., Mattituck, NY Relief Requested/Jurisdi.ctSQD .Befor. e. This. Boar~ in this Permission to locate proposeo aool~lons: (1) at the west sl~e o~ exlscl~]g with a reduction in side yard and (2) at the east side of dwelling with reduction in front yard 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{jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN 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 February 4, 1993 Zoning Appeal Appl. No. 4150 - ROBERT & ANNA FINORA Transmitted herewith is Zoning Appeal Appl. No. 4150 ROBERT & ANNA FINORA together with the Notice to Adjacent Property Owners, the Notice of Disapproval from the Buildign Department, a copy of the survey map of the property, the Short Environmental Assessment Form, the Zoning Board of Appeal's Questionnaire, and a copy of the deed. Judith T. Terry Southold Town Clerk 205 7th.~reet Laurel, N.Y. 11948 March 9, 1993 Zoning Board of Appeals Town of Southhold Southhold, N.Y. 11971 Attention: Zoning Board Members Thank you for your time and consideration at February 23rd meeting of Zoning Board of Appeals. After our meeting and some further thought on our part, we felt the following should be considered: First, the site for which the variance is requested is situated on a dead end street, with no thru traffic. Subject proposed building site is the sole building site on the North West side of Riley Avenue. Therefore, the 10 feet requested on the East Side of existing building would not create any adverse condition. Second, the East Side of proposed building will be 17 1/2' from the paved edge of Riley Avenue. We have spoken to Mr. Jacobs of the Highway Department about our plans and he assured us that the 10' requested would in no way interfere with the road. He further stated that one should never expect Riley Avenue to be widened since it presently is consistent with the width of other town roads and the side of the road in question only serves one dwelling, and that being our proposed dwelling. As for the West side of house, we have spoken to our neighbors concerning our proposal expansion and they raised no objections to same. Although you may have already considered our application, it would indeed be most appreciated if you take into consideration this additional information before a final decision is rendered. 7 Very truly yours, ~Robert Finora Anna Finora APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 Present: BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD February 23, 1993 HON. GERARD P. GOEHRINGER, JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON HARVEY ARNOFF, ESQ., LINDA KOWALSKI, (7:30 p.m. Hearing) Chairman Town Attorney Secretary-Clerk to Board Board of Appeal~Hearings 10 February 23, 1993 APPLICATION NO. 4150 of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: (1) proposed addition at the west side of existing dwelling with a reduction in the side yard; (2) proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total 'lot area, lot width, and principal setbacks in this R-40 Zone District. Property location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry DePetris as Lot #14. 7:45 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: The third hearing of the evening is in behalf of Robert and Anna Finora. I have an original survey from Robert Van Tuyl, P.C., dated January 26, 1993, showing this one story frame house as it exists at this particular time. The nature of this particular application is an addition to the west side of approximately five feet to the east side of 13 feet 5 inches and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. For the Board's purpose, Mr. Finora and his wife own a piece of property adjacent to a piece of property myself and my wife own. It is Board of Appeals Hearings 11 23, 1993 not this piece of property, however. Does anybody have any objection to my sitting on this? Mr. Town Attorney, any problems with this at all? MR. ARNOFF: no objection to this, disclosure. THE CLERK: If no one voices an opinion and there I have no problem. You made the I wanted to show there is another map here. They have the original, here's the setbacks of the new and proposed areas. THE CHAIRMAN: You are referring to this? THE CLERK: And the one before. They brought the original. is THE CHAIRMAN: Okay. I guess we are on. Mr. Finora, you are ready. How are you tonight, sir? (Both Mr. and Mrs. Finora present.) MR. FINORA: Fine, thank you. I would just like to say I received this piece of property from my dad in a family settlement, and we would like to make an all-year-round home; and that is really what the variance is for. THE CHAIRMAN: For the record, as I think I mentioned to you, I had a discussion with you at least in thought, okay, after you made the renderings you have before us, and I did tell you it was a unique situation, the way the other portion of the avenue cuts around this property and so on and so forth, and we'll see how the Board discusses it during the nature of the Board of Ap~ ~earings 12 23, 1993 hearing. while he is standing? MR. DINIZIO: a small lot? MR. FINORA: Does anybody have any specific questions of Mr. Finora Other than why such a big house for such The garage, if you notice it right now, is in the back and right on the line; and I do have a very nice neighbor next door Mr. White (phonetic, no spelling supplied record) and he expressed a couple of times to me: What are you going to do with that garage? And I had said to him over the years, well, if I ever do get this piece of property, I would like to take it down, and he said it would make my view of the creek a little better. Not only that, I think I want a garage anyway, and we would be willing to take that down and Just add it to the house in the front, as you see in the sketch. The architect put it in, and we hope we get the right to space to have it. I would be willing to take it down. It is right on the line now. THE CLERK: brought in today. MR. FINORA: Yes, right. THE CHAIRMAN: The question is, they are having trouble understanding the fact that the house presently from Legion Avenue is what, 30 feet? MR. FINORA: About that, yes. I am showing the Board the new sketch you Board of Appeals Hearings 13 February 23, 1993 THE CHAIRMAN: And the garage that you are proposing to be placed on the front of the house is how big? MR. FINORA: 30 feet. The lot is over 200 feet deep. We can go back a little bit. THE CHAIRMAN: You are going to push the house back? MR. FINORA: Yes. THE CHAIRMAN: So what you would be doing then is moving the entire house back on the lot? MR. FINORA: Yes, yes. We would not be going-- THE CHAIRMAN (interposing): Is there a foundation underneath this house now, Bob? I didnd't notice. MR. FINORA: Blocks. THE CHAIRMAN: It is just sitting right on the ground like a lot of them are up there? Okay. MR. FINORA: Frontier. THE CHAIRMAN: That was the problem. figure out how the house in %he existing position could be. They couldn't How a garage okay? one of other? could be placed on it without moving the house back, MR. FINORA: I would say we would be leaving probably the walls up and putting a regular foundation in. THE CHAIRMAN: Okay, Serge? MR. DOYEN: That is 4 foot 6 on one side and 8 on the Board of Ap~ {earings 14 23, 1993 THE CHAIRMAN: See, he has the road, if you look at the tax map. It is a rather unique situation here. (Record cannot straighten out overlapping Board discussions.) THE CHAIRMAN: They are still deliberating. I don't know if that is good or bad. Does anybody have any other questions? MEMBER VILLA: We have a little problem with the size of the house on the size of the lot. THE CHAIRMAN: Okay. MEMBER VILLA: You got a 30, 38-foot width on the house. Could that be turned around? So that the 38-foot dimension runs the other way? THE CHAIRMAN: Why don't you go up, Bob? This is Bob Villa. Bob Finora. MEMBER VILLA: You have got your big dimension coming across the lot. MR. FINORA: (Talking at bench and showing Board inaudibly to record) Going this way and the other way. THE CHAIRMAN: Put on the record there was a question of turning the house around, and it can't be done. MEMBER VILLA: I can understand from your viewpoint why it would be more advantageous, but still you got a 4-foot setback from the street. Board of Appeals Hearings 15 23, 1993 (Off-the-record discussion simultaneous and indistinguishable for the record between Member Villa and Mr. Finora, who was not using microphone.) MEMBER VILLA: I understand this is a dead-end street, but we just had a guy in here, we gave him 4 feet on a 50-foot setback, okay, and you are talking about 3 feet --if you could turn the house around, longer and narrower, you are going to need it on both sides anyway. (Many voices inaudible.) THE CLERK: Is it possible to get this in the mike? I have to record this for the stenographer. ~ can't have too much off the record like that. THE CHAIRMAN: That was my fault. THE CLERK: Thank you. THE CHAIRMAN: Okay, so I guess you kind of get the idea that they are going to --that there'll be some modification of that 4 foot 6 inches and-- MR. FINORA: There is-- THE CHAIRMAN: Whatever we can deal with, we will deal with, and we will embody that in the decision basically. MR. FINORA: I planned with the architect. He did not say they were final. It is up to you people, he said. THE CHAIRMAN: All right. We thank you very much. Is there anybody who would like to speak in favor of this application? (There was no response.) Board of Appeals Hearings 16 February 23, 1993 THE CHAIRMAN: Would anybody like to speak against the application? (There was no response.) THE CHAIRMAN: Any further questions? Anything for the record, gentlemen? THE CHAIRMAN: Hearing no further questions, I make a motion closing the hearing, reserving decision until later. (Seconded and carried.) THE CHAIRMAN (addressing applicant): We may not get to this tonight. So we are going to be about two weeks if that is all right with you. We thank you so much for coming in. Safe trip home. I PROJECTI.D. NUMeER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be ccml~teted by AD;licant Or Project sponsor) 3. PROJECT LO~TION: SEQR E. iS PROPOSED ACTION: [] New [] Expansion ,~ M odlf lc at Ionlalt erat Ion DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF LAND AFFECTED; 8. WILL PROPOSED ACT;ON COMPLY WiTH EXISTING ZONING OR OTHER E~XISTING LAND USE RESTRICTIONS? [] Yes [] NO IF NO. describe briefly Resiaenttal ' [] industrial [] CommerCial [] Agricutture [] Park/ForesuO~en space [] Ot/~er STATE OR LOCAL}? [] Yes [] NO if yes. list agency(s) and !~ermtt/aDDrovals I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I! the action is in the Coastal Area, and you are a state agency, complete ttte Coastal Assessment Form before procoeding with this assessment OVER I -(Continued on reverse side) The N.Y.S. Environmental Quality Revz of this ~orm, and an environ~en~al r~v~ew ~.~c~ reqqlrgs submission before any action is taken. ,~ ue mane by ~h~s ~oard (a) in order ko answer the questions in this short EAF it is asshuned project and the likely impacts of the action. It is not expected that (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the project is not significa~%t. (d] Environmental Assessmen~ 1. Will project result in a large physical change to the project site or Physically'alter more than 10 acres of land? ' ' un~ual land form os the si~e? Yes ~ No 3. Will project alter or have a large effect on an existing body of water? Yes ~v NO 4. Will project have a potentially large impact on groundwater quality? ~es ~____No 5. Will project significantly effect drainage flow on adjacent sites? - Yes Y No 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on visual char- known to be important to the community? . ~es ~ NO envircamental area by a local agency? ., Yes ~____No 10. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes J No 11. Will project result in major traffic problems or · ' ' systems? .,._Yes ~ NO 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health 14. Will project affect the existing community by ties of more than 5 percent over a one-year ___Yes ~ NO charac~ of the community or neighborhood? QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (S~parat~ she~t may be ~ttach~.) B. Is the subject premises listed on the real estate market ~or sale. or being shown to prospective buyers? { } Yes ~} No. (If Yes, p]~e a~-h ~op~ o~ "cond/~ns" of sa~e.] C. Are there ~x/~rupo~al~ ~ ~n~e ~ alter l~d { } Yes ~} No D. 1. Are there any areas which contain wetland grasses? 2. Are the w~tland area~ shown on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the ~Trustees for its determination of jurisdiction? E. Is there a depression or sloping elevation near the area of proposed conwtruction at or below five feet above mean sea level? ~//~ (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fencas which -~t and are not shown cn the survey map that you ara s~bmitting? .~/# If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? ~/, If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you]Dr any co-owner alsd own other land close to this parcel? ~ If yes, please explain where or submit copies of deeds. I. Please list present, Dse p~ operations conducted at this parcel proposed use .~ ~/~..,/./~/~9 ~ and Authorized -Signature an~ Da~e 3/87, 10/901k § 97-13 WE~TLANDS § 97-13 TOWN -- The Town of $outhold. TRUSTEES ~ The Board of Trustees of the Town of Southold. [Added 6-54]4 by L.L..No. 6-1984] ~-ETLA.NI~)S [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 857~,. ?. No. 6-1985]: A. 'IIDAL WETLANDS: (I) All lands generally covered or intermittently cov- ered with. or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters tea maximum depth of five (5) feet. including but not limited to banks, bogs. salt marsh, swamps, meadows, fiats or other Iow lying lands subject to tidal action; (2) All banks, bogs, meadows, flat~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworte, sea lavender, tall co/'dgruss, high bush, cattails, groun~heL llq:Lr.~hmnllow nncl Inv4' (3) Ail land immediately adjacent to a tidal wetland a~ 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- tie I, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation La~v 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 seven'ty-'five (75} fe~t landward of the most land- ward edge of a "freshwater wetland." 9705 z.:s.es CC~NSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOUSD BE USED BY LAWYERS ONLy. 11584P 341. 13076 THIS ]NDFa~TURI~ made the - day of /c,)~ ~'(.),J2~J~., nineteen hundred and ninety-two BE, TWEF_.N MARI0 J. FINORA, residing at 868 Van Nest Avenue, Bronx, New York, 10462, party of the first part, and ROBERT FINORA and ANNA FINORA, his wife, as tenants by the entirety, residing at 205 7th Street, Laurel, New York, 11948, party of the second part, .: ' WITNESSETH, that the party of the first part. in consideration of ten dollars and other valuable consideration paid by the party of the second imrt, does hereby grant and release unto the party of the second part, the heir. s or successors and assigns of the party of the secoud part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southo'ld, Mattituck, Suffolk County, New York, bounded and described as follows: On the East 277 feet by Riley Avenue; on the South 52.89 feet by East Legion Avenue; on the West 263 feet by land now or formerly of Trout; and on the North 52.89 feet by a gutter running parallel with East Legion Avenue. ~3076 TOGETIIER with all right, title and interest, if any, of the party of thc first part in and to any streets and roads abutting the above described prenfises to the center liues thereof; TOGETHER with the appurtenances aed all the estate aud rights of the party of the first part in and to said premises; TO HAVE AND TO tlOLI) 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 lhe party of thc first part, in compliance with Section 13 of the Lien Law, covenaxKs that the party of the first part will receive the coesideration for this coeveyancc and will !:old thc right to receive such consid- eratiou 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. AND the party of the first part covenants as follows: that said party of the first part is seized of the said premises iu fee simple, and has good right to convey thc same; that the party of the second part shall quietly enjoy the said prenfises; that thc said premises are free from incumbrances, except as aforesaid; that the party of the first part will execute or procure any further necessary assurauce of the title to said premises; and that said party of the first part will forever warrant the title to said premises. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed thc day and year first above written. Mario J. Fino!d STATE OF .N. EW YORK. COUNTY.: OF~ ss: On tile ~"~"day of ~ 19 92, ~fore me personally ~me ~RIO 3. FINO~ to me known to be the individual described in and who executed the foregoing instrument, and ackuowledged that he executed tbe same. ~ry P ,lic, STATE OF NEW YORK. COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that lie resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that lie knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; tbat 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. STATE OF NEW yORK, COUNTY OF sm On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrumeot, and acknowledged that executed the same. STATE OF NEW YORK, COUI4TY OF ss: On the day of 19 , before me personally came the subscrib ng witness to the foregoing instrument, with whom I am persoually acquaioted, who, be ng by me duly sworn, did depose and say that be 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. TITLfi No. Wl'fll FULL COVI~NANTS MARLO J. FINORA TO '' · I~OBERT FINORA and ANNA FINORA, '' h~s wife STANDARD FOP~ OF NEW YORK BOARD Of TlItlf UNDERWRITERS Distributed b.v SECURITY TITLI? AND GUARANTY COMP/~NY I SI.OCK ~ tOT ~ Z COUNTY O~ TOWN Southold ~ g~l[~ ~ ', Becker Ross Stone DeStefano & Klein 41 East 42nd Street, Ste 1410 Now York, NY 10017-5372 Attn: Howard Justvig Zip No. .,.:II I · 4l COUNTY OF SUFFOLK ~mSOUTHOLD Property Tax Service Agency ,,~r~e~ / LIO R-80 A-C GR~mA 7' P£GONIG 8A Y 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. Th/~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Y(Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: '~ ~JJ ~-~ ~.~r~ ~ ~~ '-~. ~ · 3. That the property which is the subiect of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the following relief: $. Thai the provisions of the Southold !own Zoning Code applicable to the relief sought by the under- signed are A:ticle ,~ ~ ~c~.on /~ ~ - ,~ ~ ~), ..~ [ ] Section 280-A, New York Town Law for approval of access over r'ight(s)-of-way[ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (5].6) 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 Appea~s; 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:' Petitioner -'~d ~D~ Owners ' Names Post Office Address [Copy of sketch or plan purposes.] showing proposal to be att ac~ed :t~o~m, veni e nce NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRE5S ~P~263 753 284 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUF. FOLK) SS.: ~-~ ~/ ~--~ ~/ / I q ¢ ~' ,beingdulysworn, deposesandsaysthaton[he ~ day of --~,~Z~ ~' / ,19 ~_~ , deponent mailed a true copy of the Notice set forth o~ 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 addresse~ of said persons as shown On the current assessment roll of the Town of Southold; that said Notice~ were mailed at the United States Post Of- rice a! ~__~..~'~/~/~t/~,~ P..~,~' ~ ~,~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to, before me this ¢',;,ar¥ Pu,,,,c (This side does not have to be completed on form transmitted to adjoining property owners.)