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Home My WebLink About29202370 Bay Ave., East Marion I2/I7/8I CA-construct additions, deck add. southeasterly end of most northerly structure -2I' by 20' , and proposed add. at the southeasterly end of the most southerly structure approx. I0' by 22' and deck add. 2I' by 22' which would leave a minimal'setback from the sideyard line~of 4'. LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town Hall, Main Road, Southold, NY on Tuesday, November 24, 1981 commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Cutchogue, NY for a Variance Application of Beatrice A. Gesetl8, Lilac Lane, (by Wickham, Wickham and Bressler, P.C. as attorneys) to the Zoning Ordinance, Article III, Sections 100-30A, 100-31 and Bulk Schedule for approval of insufficient frontage and area of two proposed parcels located at the north side of Lilac Lane, Cutchogue, NY; Nassau Farms Filed Map 1179, Part'of Subdivision Lot No. 105; Map Parcels No. 1000-1S4-1-16 and 17. Subdivision County Tax 7:25 p.m. Application of Robert V. Rider, Jr., 1520 Minne- haha Boulevard, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100-32 and Article Xt, Section 100- l18E for permission to construct accessory two-car garage structure in the frontyard area at 1520 Minnehaha Boulevard, Southold, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minnehaha Blvd. and Town of Southold; County Tax Map Parcel Item No. 1000-87-2-40. 7:35 p.m. Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right-of-way off Main Road, Cutchogue, NY, New York Town Law Section 2B0-a. Location of Property: Off Main Road, Cutchogue, NY; Minor Subdivision of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-108-3-part of 008. 7:50 p.m. Application of Vito and Ann Navarra, 6 Barnyard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article Iii, Section 100-31, Bulk Schedule, for perm!ssion to construct new dwelling with insufficient rearyard~area~at 1300 Bay Haven Lane, Southold, N~; Bay Haven Subdivision Filed Map 2910, Lot 34; County Tax Map Parcel Item No. 1000-88-4-17. / / / 269 Prescott Avenue, Staten Island, NY (by Irving L. Price, 8:00 p.m. Application of Frank Mandaro and Nicholas Mandaro, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A(1), 100-118E, and 100-31 for permission to construct addition and alteration to two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two [yearround dwellings on one lot; (2) a nonconf~n~ng building may not be reconstructed or structurally altered during its life to an ex- tent exceeding in aggregate cost 50% of the fair value of the building unless sa~e is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path); County Tax Map Parcel No. 1000-31-16-7. 8:15 p.m. Application of George Alec, Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cut- chogue, NY; bounded northwest and northeast by Cutchogue Joint Venture; southwest by Cross; south and southeast by Alec Main Road; County Tax Map Parcel No. 1000-109-1-7. New Suf III, deck yard by Gra- & ano~; addi~ and Applic~ion of Frank E. Brophy, 75 Second Street, p.m. / lk, NY fo/a Variance to the Zoning Ordinance, Article / -31, Bulk Schedule, for permission to construct to dwelling with an insufficient front and side east at 75 Second Street, New Suffolk, NY; bounded north ano.; west by Martin; south by Wetzet, Grathwohl Street; County Tax Map Parcel No. 1000-117-10-20.7. ~ 8-~.m. Application of Ernest E. Wilsber~, 4175 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 cory building (garage) frontyard area at 4175 north ~nd south by Ole west by Wieczorek, for permission to construct acces- with bath room facilities in the Ole Jule Lane, Mattituck, NY; bounded Jule Lane; east by E. Wilsberg & ano; Hunt and Wilsberg; County Tax Map Parcel No. 1000-122-5-12(& 13). ~ 8-/9~p.m. Application of Edward R. Yanke, Smithtown, NY for a Variance to the 31 Summit Drive, Zoning Ordinance, Article -~age 4 Legal No~ ~e of Rearing Z.B.A. Regular Meeting to be held November 24, 1981 III, Sections 100-31 and 100-34 for permission to construct new dwelling with insufficient front and side (or rear) yard setback at the southeasterly corner of Wigwam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 1000-87-2-35. $~-Ojp.m. Application of Arthur M. Schwartz, M.D. by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to Section 280A, Subsection 3 of New York Town Law, and Article XIV, Section 100-14t(B), for approval of access. Location of Property: Right-of-way off Westphalia Road, Mattituck, NY; bounded north by Howard's Branch; west by Berner; south by Penny & ano.; east by Munz; County Tax Map Parcel No. 1000-113-9-10.1. Dated: November 13, 1981. BY ORDER OF THE SOUTROLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish once, to wit, Thursday, November 19, 1981 and forward affidavit(s) of publication to: L. Kowalski, Board of Appeals, Town Hall, Southold, NY 11971 on or before Monday, November 23, 1981. Copies have been forwarded on 11/16/81 to: Wickham, Wickham & Bressler, P.C. for Beatrice A. Geselle Mr. Robert V. Rider, Jr. Ms. Constance Messina Mr. and Mrs. Vito Navarra Irving L. Price, Jr., Esq. for Frank and Nicholas Mandaro Mr. George Alec Mr. Frank E. Brophy Mr. Ernest E. Wilsberg Fir. Edward R. Yanke. Richard J. Cron, Esq. for Arthur M. Schwartz, M.D. Copies have been hand delivered to the L.I. Traveler-Watchman and Suffolk Times, Inc. 11/16/81. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF 'BUILDING INSPECTOR APPEAL NO. TO THE zoNING BOARD OF APPEAITS, TOWN OF SOUTHOLD, N. ¥. ], (We) ....i:iL..~: .......... i ........... : ........ i ...... : .............. of .............................................. ,, ........................... Name of ApPell(~nt Street and Number ............. .: ............................................................................ ;. .:. ........................ ~HEREBY APPEL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ~ ~' ~98~ WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Frank i~n. daro Name of Applicant for permit of 269 Prescott Avenue Staten Island New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 2370 Bay Ave., East Marion A-P~sidential-Agricultural SuffoLk County Tax ~p 5Too Street Use District on Zoning Mop 1000 - 031 - 016 - 007 Iv~op No. Lot No. 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.) ~icle III ~100--30A(1); D~aicie III ~100--118E; Article III 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) (x~ ( ) 4. PREVIOUS APPEAL A previous appeal (~'~,~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ~ difficulties or unneces- sary HARDSHIP because ~ contemplated i=~Provements of building additions' ~ and ~ecks are not _D~zmi~d under ~ue ~visions of ~e ~ce~ ~zev~ ~u~e p!~ that a d~p~o~te ~t of th~ ~ea is ~api~ by ~e ~ d~s do not ~~!y ~n~e~ ~e I~ ~ as ~Dl~_ ~d ~a si~e l~e is only :~ ~ ~e ~ of ~e ae~ on the s~ertv ~1~ 2 The hardship created is UNIQUE and is not shared by aH properties aJike in the immediate vicinity of this property aha in this use district because ss ~s a jolt ~ship of ~e~o~ ~ ~ ~ ~ of ~ ~s~ ~he i~ ~ ~ ~vid~d for jolt 3 The Variance would observe the spirit of the Ordinance and WOUbD NOT CHANGE THE CHARACTER OF THE D STR CT because ~ buildings are principally _o~ior non-confozming an~ on small lots~ ~-~d t-he present Zoning Ordinance requirements cannot be readily applied to this i~re-developed COUNTY OF S~'~'OC~ ) Signature ........ Sworn to this 3~h day f ~ 1~8] TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ........................... 19 ..... for permit to construct...~.~.~..~ .-[~.? .~....~.~.._b .... Location of Prope~Y .......................... ~ .................................... House No, Street Hamlet County Tax MaP No. 1000 Section ....... ~/ .... Block ....... ~.5 .... Lot .... ~ ........ Subdi~fion ................. Filed Map No ......... ~. ..... Lot No .................. is retmed herewith and disapproved on the follow~= ~ds ................... ~ .. ~ .... ........................... ~/~/~...,~'~ ~ .,.-.~ ....... + ..... . ............. .... .... RV 1/80 Building Inspector TO~N OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. ¥. Examined ......................................... 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS 'U'"-' -"/- .......................... ' o. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with ;3 sets of plans, accurate plot plan to scale. Fee according to schedule. b Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or ereos, and giving e detailed description of layout ofproperty muSt be drawn on the diagram which is port of this epplication. c. The work covered by this epplication may not be commenced before issuende of Building Permit. d. Upon approvel of this application, the Building Inspector will issue e Building Permit to the applicant. Such permit shall be kept on the premises oveilable for inspection throughout the work. e. No building shell be occupied or used in whole or in port 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, hc~Jsing code, and regulations, and to (Signatj~,~ of applicant, or name, if a corporation) State whether applicant is owner, lesse~e, agent, architect, engineer, general contractor, electrician, p umber or bu der Name of owner of premises ....... .~.¢Z~.....~~...C~..~.~...~?...~...~...C.?~...~.~....~'.~ ........................... If applicant ~s a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..... .~o...~...-~.'.......~.~-.:..-~-.. .......... Plumber's License No. -- ~ ' ~P ~ E,ectr,cien's L,conse No. .................. Other Trade's License No ............................................... ~. . ~ 1. Location of Iond on which proposed work will be done. Map No.: Y,~.~.-~f..~'~.~/~,.... Lot No....,,~. ....... . Street and Number ..... ~r'~...~...~....~..~ ........... .~. ........ ~.~......~,.~.;' .~...~.~../.,.~:~.:.f.,[ .................... : .... / Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Exisiting use and occupancy ...~........~...'~. ,,- ......: .................... .; .......................................... ~ 3. - Nature of work (check which'dpp[icable): New BuiMing-. ................. A~udition .... ~ ........ Alteration .............. Repair .................. Removal .................. Demolition .................... Other Work .................................................. f~f , (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 ...... 2-..(~...~../~. .... Rear ......... .~...O. ................ Depth ~....~.. ........... Height ..~.....].....~..~. ...... Number of Stories .......... ~ ........................... ~, ...... W ......... I"m"~ ................................... Dimensions of same structure with alterations or additions: Front Depth ........ .~.,,,'~.. ............... Height .......... L."~. ........... Number of Stories ................................ 8. Dimensions of entire new construction: Front ............ .......~ ................ Rear ........... ~ ............. Depth ....... '~. ............... Height ............ ~. ....... Number of Stories ............... ~ .................................................................................................. 9. Size of lot: Front ;..~.~...~ ............................................. Rear ..... ..~.....'~'...~ ........................ Depth 10, Date of Purchase ........ .J....~..~.7. ................................. Name of FormerOwner .?~.~..~.:~..,.~..~.,..z,:~ 11 Zone or use district in which premises are situated ...~..~,~~.~.-~'~U .............................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: ~'- ' 13. Will Jot be regraded ....... ~ .............. Wilt excess ill[ be removed from,pse~isff.s,~(~)jr-.e~¢- No 14 Name o~ Arch~ ect ...,~.,.~..,..~ .......................................... Address ................................ Phone No ...................... of Contractor .~..~.~~: .................. Address ~[,! ..... !.....%~;. Phone No?.~.~.:,%.~...~..~,~... PLOT DIAGRAM Locate clearly and distinctly alt buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number er description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, , [ S S COUNTY OF ..'¢:...CZ...F...4'T.4?-...L-...~., ........ ~' ' ...~..¢~...~.'~..~. ....... .~.',':;../~/~.,,~..~.,(~ ............................................. being duly sworn, deposes and says that he is the applicam (Name of individual signing contract) above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to oerform or have performed the said work and to make and file this application; that all statements contained in this application are true to ~he best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this .... ........do.v of ...... ................... , Notary Public.__.~...~ ...... C-ot~lt~' ........... : ............ (Signature of applicant) LfNDA F. KOWALSK/ Southold Town Board of Appeals -32- December 17, 1981 RESERVED DECISION: Appeal No. 2920. Upon application of Frank Mandaro and Nicholas Mandaro, 269 Prescott Avenue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100- 30A(1), 100-118E, and 100-31, for permission to construct addition and alteration of two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two (yearround) dwellings on one lot; (2) a noncon- forming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Hold- ing & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tut- hill's Path); County Tax Map Parcel No. 1000-31-16-7. The public hearing concerning this appeal was held on November 24, 1981, at which time decision was reserved pending further deliberations. The board made the following findings and determination: By this appeal, applicants seek permission to construct addi- tions, deck addition at the southeasterly end of the most northerly structure 21' by 20', and proposed addition at the southeasterly end of the most southerly structure approximately 10' by 22' and deck addition 21' by 22', which would leave a minimal setback from the sideyard line (adjoining premises now or formerly of End O'Lane Cottage, Inc.) of four feet. The premises contains two one-family seasonal dwelling structures which are at present raised on concrete blocks and without basement or cellar area. The subject premises contains a lot area of approximately 10,200 square feet, with 98' frontage along Bay Avenue. It is the feeling of the board that the areas chosen for improvements and additions appear to be the most feasible in light of the shallowness, unusual character and shape of the parcel in question, and location of the structures in the immediate area. In considering this appeal, the board determines that the proposed projects herein will cause no detrimental effect to ad- joining properties; that the difficulty cannot be obviated by a method feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental faci- lities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by granting permission for the improvements proposed by this application. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that the application of Frank and Nicholas Mandaro, Southold Town Board of Appeals -33- December 17, 1981 (Appeal No. 2920 - Frank and Nicholas Mandaro continued:) Appeal No. 2920, be GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. In the event applicants (or subsequent owners) propose to convert the existing buildings to yearround use, prior written approval of this board must be received. 2. No further structural changes or improvements without approval of this board. Location of Property: 2370 Bay Avenue (Tuthill's Path), East Marion, NY; County Tax Map Parcel No. 1000-31-16-7. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass Goehringer and Sawicki. RESERVED DECISION: Appeal No. FL-10. Upon application of James P. Latham, Plum Island Lane, Orient, NY, for a Variance to the Flood Damage Prevention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal Flood Zone and presumably without structural support and anchorage by pilings or columns (or with fill/without breakway walls). Location of Property: Private Road (Peter's Neck Point), Orient, NY; bounded north by G. Latham and Gids Bay; west by Strachan, Private Road, and Bliss; east and south by Orient Harbor; County Tax Map Parcel No. 1000- 32-1-12. The public hearing concerning this appeal application was held earlier this evening, at which time decision was reserved until this time. The Board made the following findings and determination: By this appeal, applicant seeks permission to anchor the proposed new one-family dwelling on pilings and "capping" it with cement footings, having 12' block for a small crawl space area. The subject premises is located in a V-5 Flood Zone with a minimum elevation requirement of eight feet above mean sea level for the lowest portion of the structural members of the lowest floor, with all space below the lowest floor's supporting member open so as not to impede the flow of water and no fill used for structural support (Section 46-19B). The plot plan Submitted to the Board indicates that the location of the lowest floor has an elevation at or above eight feet above mean sea level. It is the understanding of the board that a modification of the zone designation for this area from a V-5 zone to A-5 is in its preliminary stages as of September 24, 1981, and if this change adopted, applicant would be permitted to construct in the o- Southold Town Board of Appeals -13- November 24, 1981 Regular Meeting (Appeal No. 2919 - Vito Navarra, continued:) On motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and reserve decision in the matter of Appeal No. 2919, application of VITO NAVARRA. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass, and Sawicki. Member Grigonis was absent. APPEAL NO. 2916 - ROBERT V. RIDER, JR. Hearing was held earlier this evening, pending the exact distance of the setback of the proposed house. Mr. Rider returned at this time with a setback distance of 91'1" from the westerly side. PUBLIC HEARING: Appeal No. 2920. Application of FRANK MANDARO and NICHOLAS MANDARO, 269 Prescott Avenue, Staten Island, NY (by Irv- ing L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sections 100-30A(1), 100-118E, and 100-31 for permission to construct addition and alteration to two existing buildings, having been denied by the building inspector for the following reasons: (1) two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) a nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insufficient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tosca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthill's Path); County Tax Map Parcel No. 1000-31-16-7. The Chairman Pro Tem opened the hearing at 8:09 p.m., and read the legal notice of hearing, appeal application, Notice of Disapproval et cetera for the record. ' MR. CHAIRMAN: We have a copy of ~he Suffolk County Tax Map of the parcel indicating that lot and the surrounding lots, and we have a copy of an updated survey indicating the present placement of the two houses in question and indicating the proposed additions. Mr. Price. IRVING L. PRICE, JR., ESQ.: Chairman and Members of the Board. The first thing I want to bring out to the best of my ability...I have never been able to find in the ordinance any difference or any definition for "seasonal" and "all year round" residences. I believe like P says "a residence is a residence, is a residence." These are residences already. And when they say that this should be denied "two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two yearround dwellings on one lot..."--the applicants do not intend to use these for yearround dwellings, and I don't know where this distinction came in. It was never in the application for a building Southold Town Board of Appeals -14- November 24, 1981 Regula~ Mes~i~g (Appeal No. 2920 - Frank and Nicholas Mandaro, continued:) MR. PRICE continued: ~ permit. It was just to make alterations to the existing dwellings, already there. They were there prior to the enactment of the ordinance. They were there when the applicants purchased it in 1967. So I am in this unfortunate position of saying that the first reason that the Building Inspector gives denying the building permit is wrong as a matter of law because I don't know what to say. If it's the seasonal part of it and the so'called yearround, there's no definitions in the ordinance to tell us what is what, which is which; and as a matter of fact they do not wish to have yearround structures, dwellings. The second reason for "a nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost of 50% of the fair value of the building unless the same is changed to a conforming use..."--this is already a conforming use. They're already a dwelling. It's the nonconforming buildings that are being altered. But they can't change them to conform because they're already conforming; and that is, a dwelling, which is permitted under A-Residential and Agricultural Districts, paragraph 100-30A(1)... "one-family detached dwellings, not to exceed on dwelling on each lot .... " But they conform as the use because they're dwellings. What they don't conform to is the fact that there are two buildings on one lot. So the alteration can't be changed to make the use conforming, because the use is already conforming. It's just the buildings that don't conform. Now you get to the matter of the third..."insufficient sideyard .... " By the survey as submitted, I submit that the sideyards comply except ~ for the northerly building and there they can't comply. But, there's a special section of your ordinance, 100-36, titled, "Substandard lots" and it was added May 29, 1973. In the "A" District, in the case of a lot held in single and separate ownership on the effective date of this chapter and thereafter, with an area and/or width of less than the requirements of this chapter, a single-family dwelling may be constructed thereon with sideyard requirements reduced by twenty-five percent (25%) provided that all other yard requirements are complied with. If you take the 25% off the existing side lot line, except for that north building which you can't change, the side lines do comply. It's only the front and it's only for that four feet. And as far as the alterations, so-called, that are going to be made, if you'll look at the survey, they'll be no change at the north of the building as far as area is concerned, except the deck will be added. There will be a second floor added to that which will comply with the zoning require- ments as to height. On the southerly building they will push the buildings further south ten feet, it will then be sixt-- and add a deck and it will then be 16.2 feet from the frontyard and 6'4" from the side. But there will be no addition to the area except in the front...that will be just the deck and ten feet of building. The sides will remain the same. The purpose of this is to provide a little more comfort for the people as they grow. And there's no intention to make this a year- round dwellings, and for $16,000, it's not even an $8,000 house-- it's not even 50% of value because there's an appraisal submitted, and that ~j_ sets the value of the two houses, existing houses, an $8,000 is less than 50% of it. And as I've always understood the object of the Zoning Board of Appeals is to act as a safety valve when the provisions of Sbuthold Town Board of Appeals -15- November 24, 1981 Regular Meeting (Appeal No. 2920 - Frank and Nicholas Mandaro, continued:) MR. PRICE continued: zoning ordinance which are superimposed upon existing conditions, becomes onerous or difficult to comply with. And the Zoning Board of Appeals can grant variances and provide that there are certain cove- nants and restrictions or conditions on variances. And for that reason we trust that you will grant a variance to make the repairs and altera- tions as asked for in the original building permit. And as my clients individually would like to discuss this, I would hope that you would give them an opportunity. MR. CHAIRMAN: Would anybody else like to say anything in behalf of this? Either one of you gentleman, and could we have your name, sir? NICHOLAS MANDARO: Nicholas Mandaro. We want to put the buildings back into some condition. We're there 15 years and money was tight, and now we finally cleared, tried to upgrade them...you know, make repairs, and I have three girls with babies and we need a little more privacy. We want to put that second floor on as a bedroom. It would give us a little more privacy, and really just to get the buildings back in shape. The water gets turned off November 1st every year,in that general area. I mean, we usually don't make use after Labor Day and don't plan to put foundations or heat or anything in those bungalows. Just try to get a little more comfort, that's the main thing. Our neighbors who we're on good relations with, they totally support us and they've even helped us trying to determine what to do. And we're just trying to upgrade the area. We're on this Rabbit Lane Water Association that supplies our drinking water. MR. CHAIRMAN: Thank you. Mr. Price, also, while looking at this application we noticed that property is in the V-5 Flood Zone which has an elevation of eight feet under the new Flood Management Law. So you should be aware of that. I don't know if you are. MR. PRICE: Well, there's a letter in there from the D.E.C. say- ing they have no jurisdiction and no objections. MR. CHAIRMAN: That's a different organization...as you know last March of last year. MR. PRICE: Yes I know it's a different organization, but if the D.E.C. says it's all right, I hope that that would be final. I think my house is in a flood area, and I believe it's less than eight feet above sea level and I imagine half of Greenport in below sea level and in a flood area including the theatres and everything else. MR. CHAIRMAN: I just wanted to point that out to you. Is there anybody else that would like to speak in favor of this? Is there any- body to speak against it? (None.) Hearing no further questions on either side, I'll be very happy to make a motion closing this hearing and reserving decision until a later time. On motion by Mr. Goehringer, Seconded by Mr. Sawicki, it was RESOLVED, to close the hearing and'reserve decision in the matter of Appeal No. 2920 Frank and Nicholas Mandaro. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass, and Sawicki. Member Grigonis was absent. $ uthold Town Board of Appeals MAIN ROAD- STAT~' ROAD 25 SOLJTHO/D, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONrS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER r (~ir~c~'~ JOSEPH H. SAWlCKI ~anuary 25, 1982 ~lng L. Price, Jr., 828 Froz~t Street Greenport, ~Y 11944 Appeal No. 2920 - Frank and N~oholal Nandaro Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Town Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of Occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD p. GOEHRINGER CHAIRMAN By: Linda Kowalski Secretary APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. ll9?l TELEPHONE (516) 765-1809 January 4, 1982 Irving L. Price, Jr., Esq. 828 Front Street Greenport, NY 11944 Re: Appeal No. 2920 Application of Frank and Nicholas Mandaro Dear Mr. Price: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, December 17, 1981 concerning the above appeal: RESOLVED, that the application of Frank and Nicholas Mandaro, Appeal No. 2920, be GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. In the event applicants (or subsequent owners) propose to convert the existing buildings to yearround use, prior written approval of this board must be received. 2. No further structural changes or improvements without approval of this board. This resolution was unanimously adopted. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultane- ously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. Also, if you wish to start construction, please return to or call the Building Department (765-1802) for issuance of your building permit. CG:lk Yours very truly, CI4.~RLE S ~, ~R'. C I-I~ T RM_~N Today' s Date: 5Ien~bers Absent, if any: T~rsday, December 17, 1981 Appeal No. Agenda Item/~Iatter of: Type of Variance or Appeal: Resolution made by: Seconded by: Action: ( ( ( ( ( ) Approve as applied for ) Deny as applied for ) Deny ) Deny without prejudice ) %qithdrawn without Prejudice ) 2920 FRANK & NICHOLAS MANDAR0 Muitiple 'requests/ sideyard-50%-year~ound -~0"]~ay ave,~ 'Marlo~-~-~' GCharles r,goms 5%%en ~Robcrt ~ Gerard . uoug, i~oenrmg~r ~oseph. ( )/ () (~ ( ) . ( (¢ () ( ) ( ) ( ) rove with the following conditions: ( ect to County P[annino roforral ( ) Subject to Plannin~ Board approval ( ) Subject to D.E.C. requlations ( ) Findings of the Board are as follows: Reserved decision from 11/24/81 Other: ) Granting the Relief Requested is within spirit of the zoning code Relief is not substantial Burden of hardship or difficulty shown Circumstances are unique Variance will not change character of the neighborhood Interests of Justice served by granting Othe= for Special Exceptions Not %qithin the Character of the Neighborhood Variance is Substantial in Relation to Code Not in hanngny ?ith purposes of the Code Hardship not sufiicient Circumstances are Not Unique ~ Will set a precedent in the neighborhood Area is already very congested Interests of justice served by denying Vote of the Board: Ayes: Nay: Abstain: Absent: ( ( ( ( Notes: , Bzing Fugsiey file ( ( ()~-~ (O~'~D ()~ () () () () () () () () () () () () NOTICE is pmPmmr ann EN, pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Code of the Town of Southold, a Regular! Meeting and the following public hearings will be held by the Southold Town Board of Appeals at Town Hall, Main Road, Southold, N.Y. on Tuesday, November 24, 1c~l eomme~C~g'~ 7:15 o'clock p.m. and as foltows: 8:00 p.m. Applir.~i~ of Frank Mandm~ and ~s Mm~bm~, 269 PrelaXt Av- enue, Statan Island, N.Y. (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordin- ance, Article 111, Sections 100* 30A(1), 100.118E, and 100-31 for permission to construct addition and alteration by two existing buiJdings, having ,been denied by the building inspector fox the following reasons: (1) two seasonal anders~zed dwelling units ex- isting prior to zoning on one lot cannot be [~iniltted as two (yearround) dwellings on urm lot; (2) a nonconnforming building may not be rccen- structed or structurally u]tered during its lifo to an extent exceeding in aggregato cost 50% of the fair value of the building unless same is changed to a conforming usc; (3) insufficient side yard. Location of Property: 2370 Bay ~vcnue, East Marion, N.Y.; ~oundcd north by Baltz; west ~y Tosca Holding & Realty Corp.; south by Orient Harbor; ~ast by Bay Avenue (tuthi]l's Path); County Tax Map Parcel No. 1000-31:16-7. -'8:15 p.m. Application of* George Alee, Main Road, Cut- cbogue, N.Y. for a Variance to the Zoning Ordinance, Article 1II, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frontyard setback at 22445 Main Road, Cutchoguc, N.Y.; bounded northwest and north- cast by Cutchoguc Joint Ven- ture; southwest by Cross; south and southeast by Alec and Main Road; County COUNTY OF SUFFOLK ss: STATE OF NLWV YORK Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHJV~AN, o public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for .................... .~. .................. weeks successively, commencing on the ........ ..~..~. ..................... day ......................... 19...~...~ Sworn to before me this ............ .~....~.. ............. day of .......... ........... , ard's Branch; west by Berner; south by Penny & ano.; east by ~~_.~ff~. ~ ~ Munz; County Tax Map Parcel ...................~~ No. 1000-113-9-10.1. Dated: November 13; 1981 BY ORDER OF THE SOUTHOLD TOWN ~ BOARD OF APPEALS 1Tql/19/81(9) GIVEN, pursuant to Section 4-17. insufficient front and side (or_ 267 of the Town Law and the Provisions oi the Amended Cede of the Town of Southold, a Regular Mooting and the following public hearings will be held by the Soothold Town Board of Appeals at Town Hall, Main Road, Southold, NY on Tuesday, November 24, 19~1 commencing at 7:15 o'clock p.m. and as follows: 7:15 p.m. Application of Beatrice A. Gnselle, Lilac Lane, Cutchogue, NY (by wickham, Wickbam and Bressler, P.C. as attorneys) for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-30A, 100-31 and Bulk Schedule for approval of insuf- ficient frontage and area of two propnsed parcels located at the north side of Lilac Lane, Cutchogue, NY; Nassau Farms Subdivision Filed Map 1179, Part of Subdivision Lot No. 105; County Tax Map Parcels No. 1000-104.1-16 and 17. 7:25 p.m. Application of Robert V. Rider, Jr., 1520 Minnehaha Boulevard, South- old, NY for a Variance to the Zoning Ordinance, Article 1II, Section 100-32 and Article X.I, Section 100-118E for permis- sion to construct accessory two-car garage structure in the frontyard area at 1520 Minnehaha Boulevard, South- old, NY; bounded north by Wigwam Way; west by Yanke, Morris, Bear, Smith; south by Hog Neck Bay; east by Minne- haha Blvd. and Town of South- old; County Tax Map Parcel Item No. 1000-87-2-40. 7:35 p.m. Application of Constance Messina, Box 730, Main Road, Cutchogue, NY for a Variance for approval of access along the westerly side of premises located on a right- of-way off Main Road, Cut- chegoo, NY, New York Town Law Section 280-a. Location of Property: Off Main Road, Cut- chogue, NY; Minor Subdivi- sion of Tut's Acres, Subd. Lot No. 3; County Tax Map Parcel Item No. 1000-10~-3-part of 008. 7:~ p.m. Application of Vito and Ann Navarra, 6 Barn- yard Lane, Levittown, NY 11756, for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct new dwelling with insufficient rearyard area at 1300 Bay Application of ind Nieimlas Mandaru, Z69 Prescott Ave- nue, Staten Island, NY (by Irving L. Price, Jr., Esq.) for a Variance to the Zoning Ordinance, Article III, Sec- tions 100-30A(1), 100-11SE, and 100-31 for permission to con- struct addition and alteration to two existing buildings, hav- ing been denied by the build- ing inspector for the following reasons: (1) two seasonal ue- dersized dwelling units exist- ing prior to zoning on one lot cannot be permitted as two [yearround] dwellings on one lot; (2) anoncouformingbuild- reconstructed , altered during s life to an extent exceeding in aggregate cost 50% of the fair value of the building unless same is changed to a conforming use; (3) insuffic- ient side yard. Location of Property: 2370 Bay Avenue, East Marion, NY; bounded north by Baltz; west by Tesca Holding & Realty Corp.; south by Orient Harbor; east by Bay Avenue (Tuthiil's Path), ,County Tax Map Parcel No. p.m. Application of George Alee, Main Road, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct and enlarge porch with a reduction of frnntyard setback at 22445 Main Road, Cut- chogue, NY; bounded north- west and northeast by Cut- chogue Joint Venture; south- west by Crsss; south and southeast by Aloc and Main Road; County Tax Map Parcel No. 1000-109-1-7. 8:25 p.m. Application of Ernest E. Wilsberg, 4175 Ole Jule Lane, Mattituck, NY for a Variance to the Zoning Ordin- ance, Article III, Section 100- 32 for permission to construct accessory building (garage) with bath room facilities in the fruntyard area at 4175 Ole Jule Lane, Mattituck, NY; beund- ed north and south by Ole Jnie Lane; east by E. Wilsberg & an0; west by Wioozorek, Hunt and Wiisberg; County Tax Map Parcel No. 1000122-5-12 (& 13). 5:40 p.m. Application of Edward R. yanke, 31 Summit rear) yard setback at the southeasterly corner of Wig- wam and Wampum Ways, Southold, NY; Nunnokoma Waters Filed Subdivision, Map 5126, Lot 1; County Tax Map Parcel No. 100087-2-35. 9:50 p.m. Application of Arthur M. Schwartz, M.D. by :in!I duly Sworn, Richard J. Cron, Esq., Main Road, Cutchogue, NY for a tf the SUFFOLK Variance to Section 280A, Sub- section 3 of New York Town ;reenport, in s,,id Law, and Article XIV, Section 100-141(B), for approval of :xed is ~ printed access. Location of Property: Right-of-way off Westphalia c Weekly Times Road, Mattituck, NY; bound- ed north by Howard's Branch; weeks west by Berner; south by ........ Penny & ano.; east by Munz; County Tax Map Parcel No. ' .............. 1000-113-9-10.1. Dated: November 13, 1951. ~ BY ORDER OF THE SOUTHOLD TOWN ....... BOARD OF APPEALS 1TN19-3814 i Southold Town Board of Appeals APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TC. RR',' TL:T::ILL ROBERT J. DOUGLASS GERARD P. GOEHRINGER N Joseph H. Saw~c]~ NOTICE OF DECLARATION PURSUANT TO ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2920 Application of: Frank Mandaro and Nicholas Mandaro Location of Property in Question: 2370 Bay Avenue, East Marion. County Tax Map Item No. 1000- 31-16-7. Project Proposed by Appeal Application: (1) Two seasonal undersized dwelling units existing prior to zoning on one lot cannot be permitted as two yearround dwellings; insufficient sideyard; new alterations. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. Receipt is acknowledged of Tidal Wetlands Notification Letter Approval #578-0166 permitting expansion of existing facilities with no filling or excavating or additional construction except as stated in subject letter, which expires September 30, 1982, from the D.E.C. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: Nov. 5, 1981. By Order of the Southold Town Board of Appeals Copies to: Applicant/Agent Town Clerk Bulletin Board Appeal File K JUDITH T. TERRY TOWN CLERK REGISTRAR OI VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 November 2, 1981 To: Southold Town Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2920, application of Frank Mandaro and Nicholas Mandaro for a Variance. Also included is: Notice to Adjacent Property Owners: Bruce Baltz, Tosca Holding & Realty Corp., Richard W. Zatarian & Wf., Short Environmental Assessment Form, Letter relative to N.Y.S. Tidal Wetlands Land-Use Regulations, Notice of Disapproval from the Building Department, and Survey of the property in question. YORK STATE Dr,,PAtL~,~NT OF ENVIROI~NTAL CO~qSERVATIO · P,~gulato~y Affairs Building 40, Sb%IY Stony Brook, NY 11794 (516) 751-7900 Robert F. Flecks Co~tss!oner A COPY OF THIS AUTHORIZATION I, rOST BE AVAILABLE OtT PROJECT SITE TIDAL [fliTLAffDS NOTIFICATION LETTER APPROVAL Dear ~lt ~. This i$ to inform you that ~e .have reviewed the notification letter (or permit application) filed on '~L'~ ~ 19 ~*l and have deter~ned that it will not be necessa~ to file a pemit application (or secure a tidal wetlands pe~t) to ~ ~Y(~T~ ~ ~/~ ~'~ ~s~ng you ~ve bb~a~ned all other necessa~ pe~s, you~y proceea ~ch your project adhering to the special conditions (if any) found on this letter. Da~e Issued ~.xpifation Date cc: U.S. Army Corps of Engineers NYSDEC Law Enforcement - Region I ]IIST[',UC] ]OILS: ~(~) "]~-~ Order to onswor the questions ~n ~h~s sho~¢ EAF ~t Ls assumed ~hoL ~he prepo~'e~ wJ}Z uso. currently ovo~Zob~e ~nformo¢~on concerning projecL and ~he ltl:ely impacts of the ac[ion. ~ is no~ expected ~hot additional 5~udicr., rcscc:rch or o~her investigations will be under~o~en. (b) l[ cmy question has been answered Yes ~hc projec~ may be 5ignificant and o compleLcd [{nvironmental Assessmen¢ Form is necessary. (c) If oll quesLions hove been gnswcred J~o if i5 likely %h0% Chis projcc~ i5 no[ ~]gnificont. .. (d) Environmtn~ol ' . ' ]. %'~i~ pro joeL resul~ in a large physical change [o ~hc projccL silo or physically ol~er more [] 10 of land? YesX No ~. %/ill there bca major change ~o any unique or .u,,usual lon~ fo~m found on ibc site? Yesx No 3 ¥/ill project alter or hove o large effect on ezis~in(j body 4 YJill project have o poicntislly large impact on groundwater quality? Yesx 5 YJill project 5igr, if~con[l~ eJ'fect dro%nage ' - fl . odj( cent sites? . Yesx No 6 ¥,'ill projcc~ affect any ~hr~otcned or cnd(,ngcrcd plaa~ or animal [;pecics? ........ YesX No 7 ¥/5 i1 pro joe% resu]~ in o major adverse effe~'[ ' on air qu¢:!it>'? yosx No 8 Yesx No ¥1ill prr, ject have o major effect on visual cbc;rat:tot of the coramuni[7 or scenic views or vistas known to:be important to the community?. t/ill project adversely i~poct any site or sirt, ciure of hisiaric, prehistoric or pc~leantologicol importance or any site cJesigr, ateci as a c~iticc:l environmenlol oreo by a local agency?............-.:..-...-. ..;-....=.... Yesx 10. Will pro jet'[ have o mojor effect on existing or [uLure recrea[ionol opportuoitie5? ......... Yesx No 11. Uill project result in .major traffic problems or. cause o major cf feel ia ex5sting transportation systems? ....................... Yesx No 12. ¥~ill project reOuiorly cause objectionable or]ors, noise, glare, vibration, or electrical (lisiurbonce os a result of the project's biter,9 '. Yes x No opcr ..................................... 13. ¥/ill project have on)' impact on public health ' or .safety? .................................... Yes x 14. ¥1il! pPoject affect thc exlsting communiiy by directly causing o grow[h in permanent population of nlorc ~hon 5 percc~]t over o one year period or have o mo jar negative effect on the character of the communily or nelgh[)orjlood? ................................. Yes x No ]5. ]5 [here public con[rovcrsy concerning the . project? ............................. ~ ~~/~c ..... ~es x PRnPARER'S S1GIIAIURE ~,~/ ~ ,~ * --- / REPRESENTING F~NK MANDARO ~d NICH S ~NDARO DATE October 30, 1981 October 30, 1981 (Today's Date) To: Southold Town Board of Appeals Main Road Southo !d, NY 11971 Appeal Application of Location of PrOperty: Frank Mandaro and Nicholas Mandaro 2370 Bay Avenue, East Marion 1000-031-016-007 Dear Sirs: In reference to the New Ycrk State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article' 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (majer) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; .however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the b~st of my knowledge.* . _ . not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APP ,L NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ......................................................................................................................... H[R[BY APPEL TO Municipali~ State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED ~u~y 13~, 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Name of Applicant for permit of 269 P'Z'Ofl~Ott: Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~.~....,~..~..~.~.:..~...~t. A-Resfdential-Ac~rioultural 1~0 - 031 - 016 - ~7 Mop No. Lot No. 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.) Azticle ZZ! ~Z00-30A(1)! azticZe II! JlO0-11S~ A~cicle III ~100-31 3. TYPE OF APPEAL Appeal is made herewith for (x~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~,(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ~ oont~smplat~d lmpt-ov~l~s 0£ b~l~[ng' ~MltJ. o~ ~ ~t ~ pr~. ~ a ~ ~ p~ ~ ~ ~d 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 as st&t,~:l a.bov~, this Is a pz'io~' existing, n~n-~m£olm~nq use owned and occupied aepaxately by ~vo brothers ~ho share · 3oint ounez~htp of t:he lot and because of the location o£ the two exist- lng buildings, the lot cannot be divided for Joint o~nership. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CMARACTER OF THE DISTRICT because in this pa~t:i.~la~ ~ o£ ~ town fha bullxtings ~ prin~ipally prior nc~-~mf~ and on small lots, and the present ~q Ot~tinance req~ix'emants ~,-~t ~e readily applie~ to this p~e-developed COUNTY OF XRVXN~ L. PRICE~ JR., Attorney/Agent £or Sworn to this .............................................. day of ........................................................ 19°~' State BOARD OF APPEALS. TOWN OF SOUTHOI.,D *~*~ · . *~' In the Matter of the Petition of : FRANK MANDARO and NZC~-IOLAS MANDARO : : to the Board of Appeals of the Town of Southold : TO: Bruce Baltz 4285 Bayshore Road Greenport, New York Tosca Holding & Realty Corp. c/o Anthony Scarmato, Inc. 16 West 46th Street New York, New York 10036 NOTICE TO ADJACENT PROPERTY OWNER Richard W. Zatarian & wf Linden Lane Muttontown East Norwich, New York 11732 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 request a (Variance) ' ' __~_ '%R _.(~h~._~..~e~iR~ ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Bounded on the North by land of Bruce Balty; bounded on the East by Bay Ave¥ and land of Richard W. Zatarian & wf.; bounded on the South by Orient Harbor; and bounded on the West by land of Tosca Holding & Realty Corp. Designated on Suffolk County Tax Map aq District 1000, Section 031, Block 16, Lot 007 3. Thatthe property whichisthesu~ect ofsuch Petitionislocatedinthefoilowingzoning district: A Residential and Agricultural £ 4. That by such Petition, the undersigned will request the following relief: Permission to construct. additions and alterations to the two existing dwellings on subject premises 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 100-30A(1), 100-118E, and 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~ ~d / /~/~'1 . for FRANK MANDARO and NICHOLAS MANDARO Post Office Address 828 FRONT STREET GREENPORTr NEW YORK 11944 NAM~ Mr. Bruce Baltz PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 4285 Bayshore Road Greenport, New York 11944 Tosca Holding & Realty Corp. c/oAnthony Scarmato, Inc. 16 West 46th Street New York, New York 10036 Mr. Richard W. Zatarain & wf Linden Lane Muttontown East Norwich, New York 11732 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss.: KATHY A. MAZZAFEP~RO , residing at Chestnut Road, Southold, New York , being duly sworn, deposes and says that on the 30th day of October ,19 81 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southold ; that said Notices were mailed to each of said persons by (certified) :(ae~m~ail. Sworn to before me this 30th day of ~October ,19 8~I I ',~ Notary P~' ' ublic /' ' lay O~nmts$ian Expires Ma~ch 30 +! Z Z 1- I d ,Y TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ................................................................. 269 Prescott Avenue Frank Mandaro & N±¢holas Manclaro of ............................................................................ Name of Appello.nt Street and Number Staten Island New York ......................................................................................................................... HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED July 13, 1981 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ( ) Frank Mandaro Name of Applicant for permit of 269 Prescott Avenue Staten Island New York ~tree[ '~nd ~umber Municipality State .............. PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 2370 Bay Ave., East Marion A-Residential-Agricultural Suffolk County Tax Map No. ' ....................................................................... Stre~ Use District on Zoning Map 1000 - 031 - 016 - 007 Map No. Lot No. 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 III ~100-30A(1); Article III ~100-118E; Article III §100-31 3. TYPE OF APPEAL Appeal is made herewith for (×x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ¢~)~(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ( ) (xx) ( ) REASON FOR. APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that FOrTh ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the contemplated improvements of building additions and decks are not permitted under the provisions of the Ordinance. However, these buildings are prior non-conforming uses, and the locations on the lot are so placed that a disproportionate amount of the area is occupied by the houses that were pre-constructed. As a total, the proposed structural additions and decks do not substantially increase the lot area as occupied, and the side line is only changed in the boundary of the deck on the southerly building. 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 as stated above, this is a prior existing, non-conforming use owned and occupied separately by two brothers who share a joint ownership of the lot and because of the location of the two exist- ing buildings, the lot cannot be divided for joint ownership. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because in this particular area of the town the buildings are principally prior non-conforming and on small lots, and the present Zoning Ordinance requirements cannot be readily applied to this pre-developed area. COUNTY OF SUFFOLK ) IRVING L. PRICE, JR., Attorney/Agent FRANK MANDARO and NICHOLAS MANDARO Sworn to this .............................................. 30th day of ..................................................... October ... ]981 Notary Public 1%. i~I:ZAFf. RRO FORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Discpproved a/c .~./!.l.../.~-~. ............................................................................... Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application must be completely filled in by typewriter o~ in ink and submitted in triplicate to the Building Inspector, with 3 set~ 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 ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval ef this application, the Building Inspector will issue 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 o Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessa~/,ir~spections. ........................ : ~.;. t .%....%.~..(,~/...'~..¢~....~,t~.. :,~.. ........................ (SignatJ~lZe of applicant, or name, if a corporation) ......................... State whethers; ~ applicant ~is owner,~, ~ essee~agent architect, engineer,, general contractor, electr c an, p umber or build~r~. - ............................................................................................................. if applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. ' Plumber's License iX!o .......... ..~......b..:...~...:. ................. Electrician's License No.-~.~:-r~..',~'/k.~..~.~..'Z .................. Other Zrade's License No ............................................... '~ m /~/,~¢~,,x.~ 1. Location of land on which proposed w_ork witl be done. Map No.:'.:2...J:..//T..Z[Z /..ff.... Lot No ..... Street and Number ..... $,._)..c...~.%j~...L..~./...'z~...~. ............ .-'.. ........ 1;,.:~.['.'...'~...:....E..m~...c:~.(~..,{-~..,...~...~...../..~.:.~.'...~ ......................... / ~ Municipality 2. State existing use and occupancy of premises end intended use and occupancy of proposed construction: o. Exisiting use and occupancy ~r..'~''''~'z'''~''~' J'~'~ 3. Nature of work (check which licable): New Bui!ding · ................. ion ............. Alteration ............. F',epd r .................. Removal .................. Demolitior .................... Other Work ................................................ ... ~.~f.~), ~ /...~...'.. ~' .'~... (Description) 4. Estimated Cost .. ~.~..~..:......... ........................ Fee ......... ............................................................. (to be paid on filing this application) 5. If dwelling, number of dwelling units ............................ Numoer or 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 ~' I z~ ............... i ............ 7. Dimensions of existing structures, if any: Front ...... ~.G..7:./~ ..... Rear ......... ,,~l...O. ................ Depth ,~....,~ ........... Height ........ ].....~...' ....... Number of Stones .............................................. ~'"'"'~"~'"'"'"P'n"',~P'4 ......................... 7',;'" ' ~ ~i i , Fr ' ~/ ¢' 2. ¢6c¢.f-/' -fa, Y'/2.-¢' ' Dimensions of same structure with alterat OhS or o:: t ans. ant ..,~.~ ............................ '~ear ,'~.~, .................. ~ Depth ........ .~...2,-.: ............... Height .......... l..?~¢ ........... Number of Stories ................................ 8. Dimensions of entire new construction: Front ................... ~ ................ Rear .............'~.. ............. Depth ..... ~ ................ Height ............~ ....... Number of Stories ..................................................................................................................... 9. Size of lot: Front ............................................. Rear ..... ~'.TZ~..~ ........................ Depth C.~¢%:....6:..[~.:~..i.... 10. [)ate of Purchase ......... /....~.~:..~ ................................. Name of Farmer 9wrier .?~.~=~...~: .~...~..~f..~.~.c.~.~ ............ l l. Zone or use district in which premises are sil-uated ...?.~.=~,~~i ................................................................. ~2 Does proposed construction violate any zoning law, ordinance or regulation: '~- ' 13. W'ill lot be regraded ........ ~ .............. Will excess fill be removed from p, re~ises: (_~_~:r-~(~s ()~ No ]4. b,ame of Owner of prem,ses ..~L.q,.~ ................. :~; ...... :~.~ ........ Address ..%,.,~m.. ................... /'~hone No. ~.Z.'z.-~.~, Name of Architect .... ; ........ , ........... .~ ................................ Address ................................Phone No ....................... Nama of Contractor ~.~j4- ...~..~:..~.'~{,~,.,Z~C' Address ~'~.'%r..~¢ ('~2'~-')~.V,,, No'?~ ~-(~ ~, .~..,~. ........................... ' .................................. "'"'d:' .......... / mane .................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, . IS S COUNTY OF ..-~..~Z..g",,C.~q.~, .~.. ........ f - .. /2.~..~.~'..~. ....... .~'£.[Z~.C~.~.( ............................................... being duly sworn, de?scs and says that he is the oppliconl (Name of individual signing contract) above named. He is the ................................................................................................................................................................................. (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 oil statements contained in this application ore true to :~e best of his knowledge and belief; and th, ar the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~.]4~*L day of ..................... .... ........... :' ................ . '. ? ...... ............. (Signature of applicant) LINDA F. KOWALSKI