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HomeMy WebLinkAbout3903 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 ACTION OF THE BOARD OF APPEALS 5~p1. No. 3903 Matter of LINDA DAMBASSIS. Variance to the Zoning Ordinance Article III, Section 100-33, (Article XXIII, Section 100-239.4 (A), as disapproved, for permission to construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan's Road, Cutchogue, County Tax Map No. 1000, Section 83, Block 2, Lot 7.2. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of LINDA DAMBASSIS, under Appeal No. 3903; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Oregon Road, Hamlet of Cutchogue, and is identified on the Suffolk County Tax maps as District 1000, Section 83, Block 2, Lot 7.2. 2. This is an application for Variances from the Zoning Code Article II, Section 100-33 (Article XXIII, Section 100-239.4 (A), as disapproved for permission to construct accessories' garage, pool and additions to dwelling in front yard area. Page 2 - Appl. No. 3903 Matter of LINDA DAMBASSIS Decision rendered March 29, 1990 3. Article In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements. Article XXIII, Section 100-239.4 (A), Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound. (1) Ail buildings located on lots adjacent to Long Island Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not less than one hundred (100) feet from the top of such bluff or bank. 4. The subject premises for the proposed and existing building area will contain 2,030+- sq. ft. for the first floor, 900+- sq. ft. for the second floor, 1,240+- sq. ft. for the deck first floor and 125 sq. ft. for the deck second floor. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for the appellants to pursue; and placing the proposed accessories' garage, pool and additions to dwelling in any other location on the premises will require other variance relief; (c) That the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3903 Matter of LINDA DAMBASSI$ Decision rendered March 29, 1990 RESOLVED, to GRANT a Variance in the matter of the Application of LINDA DAMBASSIS as applied under Appeal No. 3903SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing and proposed decks in the rearyard area not be attached to the one family dwelling and that they remain unroofed. 2. That the the deck not be any closer than 49 ft. from the top of the bank. 3. That the garage and any additions to the one family dwelling be located as shown on the site plan dated September 23, 1988 by Roderick Van Tuyl. 4. That the 25 ft. by 45 ft. pool be placed as shown on the site plan dated September 23, 1988 by Roderick Van Tuyl and that the pool meet all State building code regulations regarding fence. Vote of the Board: Messrs. Ayes: Goehringer, Grigonis, Dinizio, and Sawicki (Absent Serge Doyen). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr,~.RK /' DATE ~ :~ ~, ,'~,~ HOUR Town Clerk, Town et _ ~outnold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board o£Appeals MAIN ROAD- STATI~ ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-180g NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the following times: 7:30 p.m. Appl. No. 3917 - UMBRELLA HOME CARE. Variance to the Zoning Ordinance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County Tax Map No. 1000, Section 102, Block 02, Lot 12.1. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7:35 p.m. Appl. No. 3909 - JOSEPH CORNACCHIA. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Location: 835 Kimberly Lane, Southold, County Tax Map No. 1000, Section 070, Block 13, Lot 20.5. 7:40 p.m. Appl. No. 3916 - GEORGE REINHARDT. Variance to the Zoning Ordinance, Article III, Section 100-31, as disapproved for permission to construct deck addition, proposed construction exceeds permitted lot coverage and has insufficient setbacks from property line. Property Location: 1380 Pvt. Road # 3 Trumans Path, East Marion, County Tax Map No. 1000, Section 31, Block 12, Lot 10. 7:45 p.m. Appl. No. 3906 - CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 7:50 p.m. Appl. No. 3903 - LINDA DAMBASSIS. Variance to~ construct accessories' garage, pool and additions to dwelling in frontyard area. Property Location 2430 Dignan's Road, Cutchogue,/ / County Tax Map No. 1000, Section 83, Block 2, Lot 7.2. 7:55 p.m. Appl. No. 3912 - EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1. 8:00 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVIII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 3, Block 7, Lot 5. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:05 p.m. Appt. No. 3924 - MICHAEL HERBERT. Special Exception to the Zoning Ordinance, Article IX, Section 100-91 (B), for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, Lot 23. 8:10 p.m. Appl. No. 3918 - JOHN AND CATHERINE SIMICICH. Special Exception to the Zoning Ordinance, Article III, Section 100-31, for permission to have a winery for production and winery sales. Property Location: 4250 Bergen Avenue, Mattituck, County Tax Map No. 1000, Section 121, Block 1, Lots part of 001. 8:15 p.m. Appl. No. 3907 - NICHOLAS ALIANO. Variance to the Zoning Ordinance, Article III A, Section 100-30A.2 (Article XXV, Section 100-253 A), as disapproved, for permission to construct a retail office complex, proposed construction is not permitted in this R-40 Zone District. Property Location 29950 Main Road, 30 Pequash Avenue, Cutchogue, County Tax Map No. 1000, Section 102, Bloc 03, Lot 01. ~age 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of March 15, 1990 8:20 p.m. Appl. No. 3915 - JORDAN'S PARTNERS. Variance to the Zoning Ordinance, Article VII, Section 100-71, as disapproved for permission to construct office and retail stores, proposed construction is not a permitted use in this District. Property Location: 1000 Main Street and 160 Main Road, Greenport, County Tax Map No. 1000, Section 34, Block 2, Lot 1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To SAHU~L$..&.$~L~A~ .(A~H~Tg~.~s) 25235 MAIN ROAD/ ROUTE 25 CUTCHOGUE, NY 11935 Date DECEMBER 18 ~q~89 a/c LINDA DAMBASSIS PLEASE TAKE NOTICE that your application dated .... DgC~$R..I. [ .......... 19. ~ Y.. hr permit to (nqsllt~?.~ . .c~..~.~. ~..P~. ~ ~...F~...~..A~...a~...1~..(~S...'lp...?~...I~.. ...... at Location of Property . 2430 DIGNAN ' S ROAD CUTCHOGUE House No. Street Ham/et County Tax Map No. 1000 Section .... 83 ........ Block .... 2 ......... Lot ..... ].-.2 ..... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the ~llow~g grounds .~SPKg .6~.[~b~..[~ ,..~g~N 100-33, ACCESSORY BUILDINGS AND STRUCTURES MAY BE LOCATED IN THE REQUIRED REAR YARD AND UNDER ARTICLE XXIII, SECTION ~00-239.~ (A), PROPOSED CONSTRUCTION IS LESS THAN {00 FEET FROM THE BLUFF ACTION IS REQUIRED ~ ~H~ ZONING B~ARy. y5 APPEALS. / ~ui~ding xnspector / T~OMAS J. FISMER RV 1/80 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR JAN 0 1990 Seuth~T~G BOARD OF APPEALS, TOWN OF S~THOLD, N. Y. APPEAL NO. ,~)3 DATE ,,, J../..~ ~...~...O. ........ Nome of Appellant Street and Number Cut. chogue NY ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....?..e..c..t..!,8...~.....~..9..8...9. ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ~ ) (x) Samuels & S%eelman Architec%s Nome of Applicant for permit of 25235 Main Road, Cutchogue, NY Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT FOR CONSTRUCTION 1. LOCATION OF THE PROPERTY 2800 Digman Road, Cu%chogue, R-80 Street /Ham]et / Use District on Zoning Mop District 1000 Section083 Block 02Lot 07 £ ..... ~ ................................................................................... ur,c,,~ Owner MS. Linda Dambassis Iv~op No. Lot No. Prior Owner David Roqers 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 xxIII Section 1002239d III 100-33 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for o special permit ( ) request for o variance end was mode in Appea! No ................................. Doted ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because SEE ATTACHED 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 SEE ATTACHED 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SEE ATTACHED STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Sworn to this .......~¢d ................................. day of ......... J~,~r,,v ................................. 1990 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unnecessary HARDSHIP because it would make it impossible any addition to the residence, which is an existing non-conforming building, which lies entirely within the mandated one hundred foot (100ft.) setback from the edge of the bluff. The residence pre-dates the zoning ordinance and the bluff setback. The proposed accessory structure (2 car garage} cannot be located in the rear yard due to an approximate seventy foot (70ft) drop in elevation at the bluff line. If it were possible to located the accessory structure in the rear yard, it would violate the one hundred foot setback from the bluff line. 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 existing residence was one of the original structures in this area prior to the property being subdivided in June 1977. The location of the structure at the bluff line was not regulated at the time of construction and as a result was locate relatively close to the bluff to maximize water views. Over the years the property has eroded and has situated the house closer to the bluff line. The base of the bluff has recently been bulkheaded across the entire width of the property to pervent further erosion. The location of the proposed accessory structure in the front yard would not be unique because it would, be difficult for any property owner within this area to locate their garages in the rear yard due to the substantial change in elevation along the bluff line. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the basic intent of the variance is to expand and upgrade an existing residence in a manner consistent with the adjacent neighbors. The residence shall be transformed from a primary seasonal use to a year round home. Other homes in the area have either been upgraded or are of new construction. The proposed additions are not excessive and would only bring the existing residence up to par with the surrounding homes. The major portion of the addition is a bedroom wing and upper floor master bedroom suite. This portion of the addition does not encroach closer to the bluff than the existing residence. The design has mantained the existing line of the house and has jogged a portion of the addition back from the bluff line to minimize the impact. The Other portion of the addition is a kitchen wing which is located landward of the existing residence. DAMBASSIS RESIDENCE VARIANCE A proposed inground swimming pool and been located outside the 100 ft setback behind the existing residence. Proposed decks have been located as to continue the line of the existing decks and not to encroach any closer to the bluff line. The location of the accessory structure in the front yard would not change the character of the district because several adjacent garages are also in the front yard. The owner plans extensive landscaping and the garage can be screened to prevent it being seen from the private road. The spirit of the Ordinance in Article XXIII §100-239d a Article III §100-33 has thus preserved to the greatest extent possible given the existing conditions. The character of the neighborhood would not be changed by granting this Variance request. DAMBASSIS RESIDENCE VARIANCE -' YR_~ /~.~)_ ~.?. ~-?,~ TOWN OF"SOUTHOLD PROPERT ORD CARD OWN ER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N ~, ~'. -~'ou~'b E ACR. 1 ! S W TYPE OFI~UILDING RES. ~ ~) (,S?~ VL. - FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Tillo~l~ FRONTAGE ON WATER /~ ' W~l~nd FRONTAGE ON ROAD Hou~ PI~ BULKH~D Extension Extension Breezeway /12. CO'OR /Y'~ ?U ~ ~ L Foundation Basement Ext. Walls Fire Place Bath TRIM Floors Interior Finish Heat Garage Type Roof Rcoms 1st Floor Patio Recreation Room Rooms 2nd Floor O.B. Dormer Driveway Totol .~¢, ¢ / Dinette LR. DR. BR. FIN. B ~ £W YORK SUe'FOLK C R 0 '-r SOUTHOLD - - C7~889 ID R E A L P R 0 P E R T-y---~ S S R E F E R E N C E L PARCEL IDENTIFICATI~N-SEQ( Y CK - - - 19~ .... R DG ' N A M E bAND ..... CSX KAYTIS GEORGE ~ WF 4.700 - C YQ PARADISE POINT A$SOC ..... 200- C LN ZANIESKI JOSEPHINE & 0 5,600 C MP BRYAN MARCUS R 2,$00 CNI BRYAN jOANNE M ............ C...OB_B!RCH_ HILLS PROP OWNER 800 C OU LONG ROBERT P ........ C PN YANNIOS CRISTOS C ~,O00 ..... C QG-VANGI ANTONIO & GRAZiA C QZ LORETO JOHN A .... C ~ [ORETO LILLIAN .......... C LV KALAS JERRY ~ ORS ~,000 ........ C ~-GENDRON REN~ .......... CNN ALIANO NICHOLAS 800 ........ C' O~ AEiANO MARGARET ...... 600' COT ALIANO NICHOLAS 500 C PM ALIANO MARGARET C ~F RICNERT DONALD & WF 1,200 C SQ GAITANiS PETE ~ WF C SN MAGILL ALFRED & WF 1.600 ......... C-S~ ~UBEC iRWIN E & WF ........... ~400---- C MN WILHELM WILLIAM G & WF 1,300 C'NG [!J~ANSK[ FREDERICK C N~ RACANELLI GIUSEPPE ~ W 1.400 C OS LA~K PATRICIA -'- ~200~ C PL LARK RICHARD F & WF 1,400 C qE [~K RICHARD ............... C QX C-RQ C SJ C TC CASARONA JOSEPH 1.800 ~AVI$ BERTHA ........ i,~O0 FINGER WALTER C & WF 1,400 SCHROEDER TODD V & .... 1,400 ---= C NF CONWAY ROBERT J & WF 1.400 C-NY REITER' JOSEPH T & WF ..... 1,400 C QJ KRUmSKI VINCENT J & WF 8,400 C RF KRUPSKI VINCENT J & WF C PK ABBOTT STEPHEN 3,900 · ' C QD ABBOTT 'JOHN ....... 3~?00 C MM POND ENTERPRISES [NC 8,100 .......... C NF KRUPSKI P~TRICIA .... 8;600 C NY HAMMEL RICHARD L 2,700 ....... CiPN ¥0 CHENG KA! PC .... ~100 ..... C QJ CRV C UJ C VF C TK C UG C VC PASSALACQUA SALVATORE 5,100 CONNOLLY JOHN & WF 2J800 ........ KLAPPER MURRAY 1~.000 KEAPPER MURRAY & WF ~AMBASSIS [I~ 4.100 KALAMARAS PETER & WF - ?.800 SMITH DIANE 4,500 SMITH DIANE PARCELS (ACTIVE) PAGE - TOTALS z ..... 50 ' ]UFFOLK , .. ,: ]nUTHOLD R E A L P -R' O-P E-R Y C R 0 S S R E F E R E N C F PARCEL IDENTIFICATION Y CK RDG NAME LAND C RP STEVENS NINA H C TE CZEBOTAR VERONICA R C UA SWIATOCHA JOSEPH K C OD MODLIN IRVIN M .... C-OZ STEVENS NINA . C PV STEVENS NINA ~,?~0 C QR STEVENS NINA , C RN STEVENS NINA C NE HANNABURY JOSEPH C-~ .. C NX OLIVETO FRANK D & ORS 9.500 '- ~ Oq ZUHOSK[ JOHN JR & WF C PJ ZUHOSK[ JOHN JR 60~ C QC MCBRIDE FRANK & SO~S C QV MCBRIDE FRANK 8,100 ALIANO NICHOLAS ......... MCBRIDE FRANK J 900 HAURUS ANTONE .............. WALTERS JOHN J & WF 1,100 TOWN OF SOUTHOLD ........... TA~ER JOHN ~ MARY 1,?~0 ZUHOSKI MICHAEL P & MAUCOTEL PHILIPPE 1,500 SPELLMAN RICHARD ~ ..... 1.~OD BOZSNYAK RICHARD E JR HARRIS ~ERTHA ....... 1.~00 COAKLEY AGNES ~ ANO 500 ROSENSTONE HOWARD ...... BOYD GREGORY A & SUSAN ~,100 BERKOSKI ANYONE E & ...... ~,10~ C TN GRIM DONALD J &ANO ..... C ~J FALKOWSKI ALBERT C JR ..... ~,700 C VF DICKERSON KENNETH & AN 3,230 C RS MCBRIDE FRANK J C SO ZUHOSKI ALEX C RP MCBRIDE FRANK J ...... 6.700 C SI UHLINGER THOMAS & WF 1,~00 C TE HUGHES EDWARD F ....... 1,~00 C SF OROSKOSK[ JOHN & WF 1,20~ C NS ANDREJACK THOMAS ~ WF COL FASOLINO ACH[LLE &ANO 1,&OO CPE MADISON GEORGE H ' 1,2D0 C PX FELLINGER [HAR JOHN 1,20~ qQ FELLINGER [HAR JOHN RJ SEMER J MARTIN DR & IR 1,600 SC PERAGINE NICOLA SV FA~RICO FRANK C TO MAT? GARY ~ EILEEN ' 1,40D C NR ESPOSITO ~ASILIO & WF 1,420 C OK FELLINGER IHAR JOHN l,~OO C PO FELLINGER IHAR JOHN 1,200 C PW FELLINGER IHA~ JOHN 1,400 PAGE TOTALS - 51 PARCELS (ACTIVE) 50~JHD ,E,", ! (~ COUNTY OF SUFFOLK - °" - ~ '~--=lReal Property Tax Ser~ ce / ,ooo 083 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE: 360-5206 ARTHUR H. KUNZ DIRECTOR OF PLANNING April 30, 1990 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) Lfnda Dambassis 3903 Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUG£* LI., NEW YORK I 1788 (516) 360-~5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 Pursuant to Article Board of Appeals of the the following XX Variance Variance Special XIII of the Suffolk County Charter, the Town of Southold, New York, hereby refers to the Suffolk County Planning Commission: from the Zoning Code, Article III , Section 100-33 Article XXIII, ~ection 1~0-239.4(A) from Determination of Southold Town ~uildih§ inspector: Exception, Article , Section Special Permit Appeal No.:3903 Applicant: Linda Dambassis Location of Affected Land: 2430 Dignan's Road, County Tax Map Item No.: 1000- 83-2-7.2 Within 500 feet of: Town or Village Boundary Line Cutchogue, NY XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Thruway State or Federally Owned Land State or Federal Park or 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 accessories garage, pool and additions to dwelling in frontyard area. Copies of Town file and related documents enclosed for your review. Dated: April.2~, 1990 Page 3 - Appl. No. 3903 Matter of LINDA DAMBASSIS Decision rendered March 29, 1990 RESOLVED, to GR3~NT a Variance in the matter of the Application of LINDA DAMBASSIS as applied under Appeal No. SUBJECT TO THE FOLLOWING CONDITIONS: 3903, 1. That the existing and proposed decks in the rearyard area not be attached to the one family dwelling and that they remain unroofed. 2. That the deck not be any closer than 49 ft. from the top of the bank. 3. That the garage and any additions to the one family dwelling be located as shown on the site plan dated Decen~ber 7, 1989 by Samuels and Steelman. 4. That the 25 ft. by 45 ft. pool be placed as shown on the site plan dated December 7, 1989 by'j ...... 1 ___~[~ and that the pool meet all State building code regulations regarding fence. Vote of the board: Messrs. Ayes: Goehringer, Grigonis, Dinizio, and Sawicki (Absent Serge Doyen). This resolution was duly adopted. df .GERARD P. GOEHRINGER, CHAIRM/LN RECEIVED AND FILED BY- Town Clerx, Town of ~out~ld APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr, Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr, Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 kpril 25~ 1990 Samuels and Steelman Architects 25235 Main Road Cutchogue, NY 11935 Re: Appl. No. 3903 - LINDA DAMBASSIS (Variance) Dear Ms. Steelman: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy of Decision to: Building Inspectors' Office County Planning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deck, Mr. Coch? MR. COCH: The deck is approximately 12 by 15, or 12 by 16. THE CHAIRMAN: Thank you. Hearing no further questions, a motion closing the hearing reserving decision until later. MR. GRIGONIS: Second. THE CHAIRMAN: All in favor? MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: Aye. THE CHAIR~ext of Linda Dambassis, Appeal 3903. The legal notice reads as I make appeal is in~ Number~ follows'. Upon Application Number 3903, sis. Variance to Zoning Ordinance, III, Section 100-33, (Article XXIII, 100-239.4 (A), as disapproved for permission to construct accessories: garage, pool and additions to dwelling in front yard area. Property Location: 2430 Dignan's Road, Cutchogue, County Tax Map Number 1000, Section 83, Block 2, Lot 7.2. Linda Dambas- Article Section I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 18 I have a copy of the site plan prepared by Samuels and Steelman indicating the approximate additions to this particular existing premises, and a copy of the Suffolk County Tax Map indicating this and surround- ing properties in the area. For the record, the site plan is dated 12/7/89. Who is here, representing? MS. STEELMAN: Nancy Steelman. I am from Samuels and Steelman, Architects, in Cutchogue, New York. We are basically trying to seek a variance for two aspects of this project. One is that the proposed addition is within 100 feet of the bluff line ... the existing residence ... is approximately 55 feet from the bluff. We are going for the pre-exist- ing condition. We are going to be adding to the west of the existing house, primarily along the house. foundation line of the existing The other aspect of this is we are seeking a variance to construct a pool and garage in the front yard. This is a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 19 situation where the house is located cur- rently on the sands. The bluff is approximately a 70-foot drop down to the beach and to locate a pool and garage within that rear yard would be definitely a hard- ship in this case. We are seeking relief on that, to locate the pool and garage in the front yard. Probably, the additions that are being added to the house are mainly to upgrade the existing residence which is approximately 1400 square feet. It is a one bedroom house, which we are looking to upgrade to a three or four bedroom house with potential to full-time residence some- time in the future. The house was built many years ago. It is about 50 years old. It was originally built as a small shed. It was renovated in 1970 for the house. They feel their proper- ty has much value to warrant some additional changes. I think one of the things we are trying to do here, and you can probably see on the site plan, is that we added one 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2O bedroom just to the west of the existing house, and have drawn back another bedroom because of a situation where the existing topography becomes a little steep. We are trying to mitigate that by jogging a back portion of the building to prevent any additional erosion in the area. Are there any questions THE CHAIRMAN: Yes. this particular time is how bluff, including the deck? this particular time? MS. STEELMAN: To the deck approximately ... as plan, there is one deck larger than the other. approximately six feet I can answer? The building at far from the Is it 55 feet at there is you can see on the site that is a little I think that deck is out from facing the house. to the face of the deck. THE CHAIRMAN: Off feet, at this time? MS. STEELMAN: THE CHAIRMAN: planning with an That would bring it down to 49 feet an existing 49 To the deck. So the house is still addition to be no closer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 MS. STEELMAN: Okay. THE CHAIRMAN: So that we are able to delineate the two in the case of any problems. As you know, there are multiple changes in that deck right now. Of course, the deck doesn't look like it was the most well constructed in the world. Anyway, did not even attempt to walk on it. So I just want you to be aware of the fact we are requesting, if we so grant this, that the deck not be in accord to the house. than 55 feet. MS. STEELMAN: As you can see on that site plan, I believe we are 49 feet also to where the next deck is being extended. THE CHAIRMAN: I just want to talk about the house. MS. STEELMAN: The house is 55 feet from the bluff line. THE CHAIRMAN: The reason I ask that question, when we get into a situation of this nature, we request that the construc- tion of the deck not be in accord to the house. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 much. MS. STEELMAN: Okay. THE CHAIRMAN: We thank you very MS. STEELMAN: Thank you. THE CHAIRMAN: Anybody else that would like to speak in favor of this ap- plication? Anybody that would like to speak against the application? Any question from the Board members? Hearing no further questions, I make a motion closing the hearing, reserving decision until later. MR. GRIGONIS: THE CHAIRMAN: MR. GRIGONIS: MR. DOYEN.: Aye. MR. DINIZIO: THE CHAIRMAN: Second. All in favor? Aye. Aye. The next appeal is in behalf of Edward and Corrine Birdie. The legal notice reads as follows: Upon Application Number 3912, Edward and Corrine Birdie. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, 22 NOTICE OF HEARINGS NOTICE IS HEREBY given, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the follow- ing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MARCH 15, 1990, at the fol- lowing times: 7:30 p.m. Appl. No. 3917- UMBRELLA HOME CARE. Variance to the Zoning Ordi- nance, Article VII, Section 100-71 C, as disapproved, for permission to construct a sign, "proposed sign is not permitted in this Residential/Office (RO) District. Property Location: 28455 Main Road, Cutchogue, County ~ Map No. 1000, Sec- tion 102, Block 02, Lot 12.1. 7:35 p.m. Appl. No. 3909-- JOSEPH CORNACCHIA. Var- iance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, for permission to construct an accessory shed in frontyard Area. Property Loca- tion: 835 Kimberly Lanes Southold, County Tax Map No; 1000, Section 070, Block 13, Lot 20.5. 7:40 p.m. Appl. No. 3916-- GEORGE REINHARDT. Vari- ance to the Zoning Ordinance, Article III, Section 100-31, as disapproved for permission to construct deck addition, pro- posed construction exceeds per- mitted lot coverage and has insufficient setbacks from pro- perty line. Property Location: 1380 Pvt. Road g3 Trumans Path, East Marion, County Ta~ Map No. 1000, Section 31, Block 12, Lot 10. ~a, 7:45 p.m. AppL No. 3906-- CHARLES COLOMBO. Vari- ance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permis- sion to construct a deck addi- tion to existing dwelling, pro- posed construction will have in- sufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, LOt 48. tL7:50 p.m. Appl. No. 3903~ INDA DAMBASSIS. Variance o Zoning Ordinance, Article III, Section 100-33, (Article XXIII, Section 100-239.4 (A), as disapproved for permission to construct accessories' garag~ pool and additions to dwelling in .frontyard area. Property Location: 2430 Dignan's Road, Cutchogue, County .Tax Map No. 1000, Section 83, Block 2, Lot 7.2. ~ 7:55 p.m. Appl. No. 3912~ EDWARD AND CORR'iNE BIRDIE. Variance to the Zon- ing Ordinance, Article IliA, Section 100-30A.3, for per- mission to construct additions to one family dwelling, pro- posed, construction will have in- sufficient side. yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, Coun- ty Tax Map No. 1000, Section 037, Block 01, Lot 17.1. 8:00 p.m. Appl. No. 3911- WALTER RAFFERTY. Vari~ ance to the Zoning Ordinanc~ Article XXIV, Section 241A,. (Article XXVIII, Section' 100-281 (3), as disapproved, for permission to construct addi- tions and alterations to garage with apartment. Property tion: East End Road, Fishers Is- land, County Tax Map No. 1000, Section 3, Block 7, Lot 8:05 p.m. Appl. No. 3924-- MICHAEL HERBERT. Special Exception to the Zoning Ordi- nance, Article IX, Section 100-91 (B), for change of use from Bed and Breakfast to a three family dwelling in this Hamlet Business (HB) District. Property Location: 795 Pike Street, Mattituck, County Tax Map No. 1000, Section 140, Block 2, LOt 23. 8:10 p.m. Appl. No. 3918- JOHN AND CATHERIN~ SIMICICH. Special E~ to the Zoning Ordinance, cie. I.II, Section 100-31, for rmssmn to have a wine~ production and winery ~ Property Location: 4250 Avenue, Mattituck, County ~x Map No. 1000, Section 121, Block 1, Lots part of 001. 8:15 p.m. Appl. No. 3907-- NICHOLAS ALIANOo Variance to the Zoning Oeai- nance, Article III A, SecUre 100-30A.2 (Article XXV, ~ tion 100-253 A), as disal~m~ed, for permission to construct · ~- tail office complex, proposed construction is not permitmi ia this R-40 Zone District. Pro- perty Location: 29950 ~ Road, 30 Pequash Avenue, Cat- chogue, County Tax Map 1000, Section 102, Block 03, 01. 8:20 p.m. Appl. No. 3915-- JORDAN'S PARTNERS. Vari- ance to the Zoning Ordlnm~e, Article VII, Section 100-71, as disapproved for permissioo to construct office and retail ~ proposed construct is not per- mitted use in this District. ~ petty Location: I000 ~ Steer and 160 Main Greenport, County 'Pax M~ No. 1000, Section 34, Blocl~ 2, Lot 1. The Board of Appeals will at said time and place hear any ami siring to be heard in each oftl~ above matte~. Written ~ ments'may also be ~Ub~i~.~ prior to the conclusion of the subject hearing. Each hearin~ will not start before time $ lotted. Additional time for presentation will be available, if needed. For more information, please call 765-1809. Dated: March 6, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN by Doreen Fe~ . IX, 318190 (28) E IS HEREBY GIVEN, Law an~ u:~, Code of the Town o~ Southo'fd, the following hearlnge will be held by the SOUTHOLD TOWN ~OARD OF APPEALS ~ n Regular Mectin$, at the Soothold Town Hall, Main Road, Soathold, NY 11971. on THURSDAY, MARCH 15, 1990, at the fcal..owing 7:30 p.m. AppL No. 3917 -- UMBRELLA HOME CARE. Vmi- cie V~, Section 100-71 C, as dis- approved, for pormission to con- stmc~ a sign, proposed sign is not (RO) District. Proporty Location: 28455 Main Road, Cutchogue, County Ttx Map No. 1000, Secure 102, Block 02, L~ 12. L 7:35 p.m. Appl. No. 3909 -- JOSEPH CORNACCHIA..Varisncg Section 100-33. ns dlsappmved, for' pennission to c~sm~t an acc~sory. shed in frontyard Area. Property. Location: 835 Kbnberly Lane,. Southold, County Tax Map No.. 1000, Section 070, Block 13, Lot 7:40 p.m. AppL No. 3916 GEORGE REIXHARDT. Variance* Secti~m 100-31, as di~,,,,ed for ponnission to construct deck eddi-' permitted lot coverage and has. insufficient seihcks from properly llne. Property Locadun: 1380 Pv~ Ro~d # 3 Tmmam Path, Ea~ ~n, C~mty Tax map N~ 1000, Sec-- tlm 31,Block 12, l.ot 1~ '/:45 p.m. AppL No. 3906 -~- CHARLES COLOMBO: Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as dis- approved, for permission to con- struct a deck addition to existing. have. insufficient sldeyant set~cl~.. Property Location: 350 Oak Cutchogne, County Tax Map No.. ~7:, SecUre 136, Block I, L°t 48. · 50 p.m. Appl. No. 3903 LINDA DAMBASSIS. Variance to Zoning O~dinance, Article I~, Sec- tim 100-33, (Article ~ Se~/cG~ 100-239.4 (A), s~ disapproved for permission to consm~ accessories? #arage pool and additions to dwcllin8 in fmmya~d am~ Progeny' Location 2430 Dignan's Road, ~ 1000, Secthm 83, BI~ 2, Lot 7.2. '~. 7:55 p,m. Appl. No. 3912 --// EDWARD AND COR~NE Mattrt~nty T~ Map No~ B~IE. Variance to ~e Z~ing ~~: 795 ~e ~ ~d~ance, A~icle ~ A, Secfi~ ~,~ I~,B~ 1~30A~, f~ ~ssi~ ~ ~- 8:10 p.m. AppL No. 3918 st~ct addlliuns to one fam~y ~OHN ~D CA~E S~- Property ~cation: 380 Parsons fi~ l~31,f~~a ~, ~t M~ C~ T~ w~e~ f~ p~ ~d ~ No. I~, ~ ~7, B~. 01,~ 17.1. Be~ A~, ~, ~ 8:00 p.m. AppL No, ~911 -- T~ Map No. 1~, Se~i~ 121, 8:!5 p~m. A~I. No. the Zoning Ordinance, Article XXIV. Section 241A, (Article XXVIH, Section 100-281 (3), as dis- approved, for permission to con- Location: East End Road, Fisben Sectinn 3, Block 7, Lot 5, Article IX, Sec~on 100-91 (B), for change of use from Bed and Break- fast to a th~an fatally dwelling in this Hamlet Business (HE) District. See Legals, NEXt pag_~ am Zmins On,atonce, Article m A, leeks section 100-30A.2 (Ar~cin XXV, Se~iun100-253 A), as db~l;p~,;,ed, lay of for punniselun ',o tlon is not permitted in this R-,lO Zone District. Properly Locatiun: 29950 Main Ro~d, 30 Pequash Avenue, Cutcho#ue, County Tax Map N~ 10GO, Seotlun 10~ Block ~,Lat01. ' 8:20 p.m. Appl. No. 3915 ]rORDAN'5 PARTNERS. Vnrinnc~ to the Zunin8 Ordinance, Ardcle VH, Secdm 100-71, as for pennlasio~ to c~mstmot office: is not pennim~d use in this Dimlo,- and 160 Main R,d, Orunnport, ~.~ Coun~ Tlx Map N~ 1000, Soc~u* 34, Block 2, Lot I. · The Board ~ AF~--[ t~ vfl~ at said tired ~m~ for yom lxuenmion *~] be ·vaila~e, if ~-..ded. For mom ~fomm~m, plme csn 765-1809. Dau~ l~h 6, 19~0 ' ' BY ORDER OF THE $OUT~OLD ' Gal~d~ P. GOE-t~GER ' 6600-1TM8 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time. date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, CHAIRMAN dff SOIL AND WATER CONSERVATION DISTRICT COUNTY OF SUFFOLK PATRICK (3. HALPIN SUFFOLK COUNTY EXECUTIVE January 23, 1990 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road - State Road 25 P.O. Box 1179 ~outhold~ NEw York 1197] Dear Mr. Goehringer: In reference to your request for our a~sessment of Appl. No. 3903 - Linda Dambassis (Variance), please be advised that a site inspection was conducted on January 19, 1990. Since the proposed construction is planned in the front yard area of the dwelling, there should not be any adverse affects to the bluff on the property. The front yard area is however moderately to steeply sloping and may cause some construction problems. Approximately 15 feet off the northwest corner of the dwelling is the top of an apparent drainageway or old gully. This drainageway slopes eastward and down the bluff face. The bluff face downslope of the drainageway is sparsely vegetated and unstable. A plan for the proposed addition to the dwelling was not included for our review; however, site conditions and field stakes suggest that the addition may be to the eastern end of the dwelling. This area is in very close proximity to the drainage- way and a fairly unstable portion of the bluff. I hope this information will be useful to you and the board. If additional informa- tion is required do no hesitate to contact this ~' Sincerely, Senior District Technician APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. Southold Town Board o£Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, I_.l., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 January 17, 1990 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Peconic Plaza - Route 58 ].64 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3903 Linda Dambassis (Variance) Dear Mr. Pauzer: We presently have an application pending in which the property owner proposes to construct Accessories' garage and swimming pool in the frontyard area, and an addition to the dwelling. Also attached are photocopies of photographs of the area as exists, portion of the County Tax Map showing the immediate area, and copies portion of the survey.. The subject premises is located along the north side of Oregon Road, Cutchogue. May we ask your assessment of this project? The public hearing is expected to be held on February 1, 1990. (If additional information or time is needed, please don't hesitate to let us know.) Your time and efforts are greatly appreciated. Thank you. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Southold Town Board of Appeals MAIN RDAD- STATE RnAD 25 ~;DUTH[3LD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. March s.~.~.~.~. TYPE II ACTION DECLARATION 15, 1990 Appeal No. 3903 Project/Applicants: County Tax Map No. Location of Project: Linda Dambassis 1000-83-2-7.2 2430'Dighans Road,'Cutchogue, NY - Relief Requested/Jurisdiction Before This Board in this Project: Construct accessories garage, pool and addition to dwelling in frontyard area. 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section G17.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tm JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: January 3, 1990 Transmitted herewith is Zoning Appeal~lo. 3~o3 , application of Samuels & Steelman Architects for a variance. Also included is/ Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry LINDA DAMBASSIS 20 Sutton Place New York, NY 10022 December 9, 1989 I hereby authorize NANCY L. STEELMAN of SAMUELS & STEELMAN ARCHITECTS to act as my agent in obtaining the required variances from the Town of Sou%hold Board of Appeals. Linda Dambassis TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Otiice Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at 2. F~.q. Bt. ~-~/~ ~ ~ '.~...'Tf?~y~ Street Map No. -- Block No ........... Lot No.-;- ................................ conforms substantially to the Application for Building Permit heretofore filed in this office dated ........... /'9 q ~...?[ 19'].~. pursuant to which Building Permit No. dated ........... /~.q~...~[, 19~., was issued, and conforms to M1 of the requ~ merits of the applicable provisions of the law. The occupancy for which this certificate issued is . ~. '~[~ t(~ ~ Q~ ~' ~ ~ IL:] . ~'~ ~.k .~.k~. ~ ......... The certificate is issued to ~. Lt ( ~ ..... [~] C ~'.~. ~q~ .~ ....................... (owner, }~c of the aforesaid building. Suffolk County Department of Health Approval ~ '? .......................... ~ ~ ~ ~ ~.q( .5 .... ~¢ .......... Building Inspector State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) · Samuels & Steelman Architects , Dambassis Residence ] ,~tl~.,i~: 2800 Digman Road Mu.,¢~p.,~. CutchoGue, Town of Southold c~.~ Suffolk New addition and alterations to an existing single family residence with new pool, decks and 2 car garage See attached location map [~ Y. [~.o 'f.o.~.,cri~b,i.~ly Proposed construction is located within the 100 ft setback of existing bluff line. ZBA Town of Southold-Variance; Board of TRustees,Town of Southold; Dept. of Environmental Protection. I CERTIFY THAT THE INFORMATION PROVIOED ABOVE I$ TRUE TO THE 8EST OF MY KNOWLEOGE Applican~$~cM~oi* n~: Nancy L. Steelman. Pr~n~{n~l Dis: /.~ ~a~ue~ ~eel~an. Archlt;CtS If the action la Iff the Coastal Area, and you are a state agency, complete the Cea.tel Assessment Form before proceeding with thio assessment OVER PART II Envlronmentel Alaeasment (To be completed b't' Agency) r-lNo PART III Determlnltlon of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibiliW; (e) geographic sco~3e; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to ~how that alt relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FL~LL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporl;in~ documentation. that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here. and on attachments as necessary, the reasons supportng this determination: D&te . . .~UB. IIT_-D Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and sub,it other supporting documenta- tion. ~ 1. Are there any proposals to chang~ o~ alter land contours? No 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a water{ay without bulkhead? Yes 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, concrete barriers, decks, etc? ~es~ No If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ~ ._ ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: '' ~'~ ft. Yes Yes ~ Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: Yes Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): 10. 11. Planning Board Yes ~ Town Board Yes Town Trustees t O No County Health Department Yes No Village of Greenport Yes ~ N.Y.$.D.E.C. ~ No Other ~cX~ ~.]~ ~ A~l~_~ -- No Is premises pending a sale or conveyance? If yes, please submit copy of names or Purchasers and conditions of sale. (from cqnt~act) Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have · you made app%ication to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes Yes 13. Please list present use or operations conducted upon the subject property at this time ~ ~%i}~ ~~ and proposed ~ Please submit photographs [or the recor=. I certify that the above statements are true and are being submitted for _/reli'~an~e/~/~/~bY/thej~;~--~~°ard of Appeals in considering_ my application. 1/8 WETLAND'C; [Amen,ted M-'-'C,-7t; hy L.L. No.. [.} 6.2 85 by L.L No.~;-ID,~SI: "' - ' ' ' A. TIDAL W.~TLANDS: (1) All land~ genernlly corm'od or intermittently ered with, or width ~or{h,P on, tidal waU~rm or ]yin~ beneath tidal ~vnturs. which 3t mcan lo~v thlu . are covered by tidal waters to a mRxinulm depth f~ve (5) feet. incJudin~ hut not limited to banks. bo~s. s=Jt m3rsh, sw~mp~, me3do~v~, fi=t~ or other low lYing lands subject to tidal action: (2) All banks, bogs. moa(h)ws. ~ats and tidal mar..;h sub,oct ~ ~uch tides and Upon which grows or may grow some or any of tbo following: salt hay. black grass, saltwort, s~a lavender, t:tll cordgruss, high bush. cattails, groundsrl, marshmallow and march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A{2) and lying within seven. fy-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "FreShwa~r wet ands" as defined in Article 2.I. Ti- tle I. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the Environmen~l Couservation ~w of the Sta~ of New York; and (2) All land immediately adjacent to a "freshw:ttev wet- land." as defined in Subsection 13(I) ami lying' with- in seventy-five (75) feet landward of the most land- ward edge of a "treshw. ter wetland." 970~ CONSULT YOUR LAWYF SIGNING THIS INSTRUMENT -THIS INY ~M,~ SHOULD nE USED BY LAWYERS ONLY BETWEEN DAVID ROGERS, residing at (no number) North Country Road, Stony Brook, New York 11790 party of [he first part, and LINDA DAMBASSIS, residing at 20 Sutton Place, New York, New York 10022 party of the second part, WITNESSETH, [hat the party o£ the first part, in consideration of dollars, ................. ONE and.00/100 ($1.00) .... ' - - lawful money of the United States, paid by [he party o~ [he second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL [hat certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beixxxxhnearn~rin t e Cutcho~ue, ~nd State of New York, which ~nd described as follows: Town of Southold, County of Suffolk said land is more particularly hounded ~EGII~q~qG at a point where the southeasterly corner of the premises ~erein to be d~scribed in'teraects the center line of a certain right )f way shown on a survey by Roderick VanSDayl dated 5/4/77. Said ,~ )oint of beginning also being 'the following 2 courses and distances~ ~rom a point where the northwesterly prolongation of the center line )f Cox Lane intersects the northwesterly oide of Oregon Road: 1) South 40" 22' west 500 feet more or less to the center line said right of way: 2) North 46° ,lay 2707.81 feet RUNNING THENCE ~atd Right of Way RD/qNING "' I IxENCE :o the high water ~oderick Van Tuyl 39' 50" west along the center line of said Right of to the point or place of beginning; North 46* 39' 50" West along the center line of 200 feet to the easterly side of land of North 1~ 59' 10" e~t ~10hg said land 465.04 feet' mark of Long Island Sound as shown on a survey by dated 5/4/77. R~NING THENCE ~eet to the other RUNNING TPIENCE ~eet: South 81" 00' east along said high water mark 152.81 land of Dignan~ South 47" 12' east along said land of Dignan 142.56 RUNNING TT~:NCE South 14" 41~ 30" west still along said land of .ignan 497.52 feet to the.Deist or })lace of BEGIi.~NING. OGET}~R with a right of ingress and egress with others over a right way leading from the subject premises to the westerly side of Oregon ~ad, which said right of way is more particularly bounded and describe( a certain document recorded in the Suffolk County Clerk's Office on )ri1 7, 1926 in Libor 1174 cp 537. ~ING AND INTA~IDED TO BE the same premises conveyed to the party of he first part by ecorded in the Suffolk County Clerk's Office Libor 826 cp 54. SUBJECT to covenants, easements, restrictions and reservations of record. SUBJECT to any state of facts an accurate survey may show. ST~ATE OF NliW YORK, COUFITY OF ~l~l~l.,~r~ SS: On the day of August ~9 80, before me personally ~me DAVID ROGE~G to me ~own to be the indi~dual de~cfi~d in and who executed the foregoing instrument, and ac~owledged ~at ~ecuted ~e same. Notary Public STATE OF NEW YORK, COUMTY OF SS: On the day of 19 , before me personally came to me known, ,vho, being by me duly sworn, did depose and say that he resides at No. that he is the of , the em'potation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is s~lch corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, andthat he signed h name thereto by like order. STATE OF NE~r 'fORK, COUNTY OF On the da.~ personally came 19 S5: , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF HEW YORK, COUNTY OF On th.: da)' of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who execu(ed the foregoing instrument; that he, said subscriblng witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Bargain anil ale leeh WITH COVENANT AGAINST GRANTOR'$ ACTS TITLE NO. DAVID ROGERS, TO LINDA D~24B~.q S I S TAflDARD FOIl. OF 1~;'~'. YOR~ GOMD OF lilLE UNOERWRITEItS Distributed by CHICAGO TITX~E INSURANCE COZ~ PANT SECirlON BLOCK LOT COUNTY OK 'rowN Recorded at Rcquezt of CHICAGO TITLE INSIJP. ANCE COMPANk' Return by Mail to THEODORE O. PRO~{IS, ESQS. 777 THIRD AV~IUE NEW YORK, %;EW YORK 10017 Zip NO. .TOGETHF...R wi ight, title and inte. rest, if .any, of the party of the first part in and to any streets and ' roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVI~ AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party o£ the first part covenants that the party of the first part has not done or suffered anytlxing whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party'of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word '~party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF_.S$ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter o~ the Petition of SAMUELS & STEELMAN ARCHITECTS to the Board of Appeals of the Town of Southold TO: TOWN OF S~UTHOLD MAIN ROAD SOUTHOLD, NY 11971 NOTICE TO ADJACENT PR~ERTY OW/qER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta~Special Exception) (Speca Permt) (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: 2800 Digman's R~t~ Cutchogue, New York 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 Residential ~ 4 ~'hat b~ such Pelitioo, the undersigned will request the following relief: TO' construct an addition to an existing residence within the 100 ft. setback from the bluff, and to construct a two car garage in the front yard. $. That the pr~ of the Southold Tow~ ~.~jni~[de applicable to the relief sought by the under- signed are A/ticle III Section 1~0-33 [ ] Section 280-A, New York Town Law for approval of access over ri§ht(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 $outhold Town Clerk's Office at Main Road Southold, New York and you ma)/ then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of $outhold 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: December 18, 1989 SAMUELS & STEELMAN ARCHITECTS Petitioner Owners'Names: Linda Dambassis PostOfficeAddress 25235 Main Road Cutchogue, NY 11935 Tel. No. (516)734-6405 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Put your address in the RETTJR~.I~W~I ~.v~..t th~. e.a~lfmmbelngmtumedtoyou.~neaM~noeilvemo~ ~ __~_: ..... : _ :--. l_j ,~ .__ w,. T~ ~ ~: S. Slgn~ --'A~ 8. AW'I A~w ,. FSFM~811. M,r.~9. ,u.&mJ,,O. leee ~1~ .$6 DOME~'~A~rnmNiW~FT STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ ~T~ ~c)~ ~ ~~ , being duly sworn, deposes and says that on the ~day of ~ , 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 thor respective names; that the addresses set opposite ~he names of said persons are the addresse~ of said persons as shown on the current ass~sment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at ~~ ()~ ~ ~) ~, ; tha~ said Notices were mailed to each of said ~ersons by (certified) (~) mai~. Sworn to before me this day of ~.)/~-/L.~ , 19 Notary Public ~'~ (This side does not have to be completed on form transmitted to adjoining property owners.) RESIDENCE DAMBASSIS FRANCHILLI" ' ~ ..... ,,~ NEW YORK'