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• _ . -- -- •. gt. SI a/wok:1_, • /300 /27,2.- 42ha. // et] ale PIZ' Q-scze' Ainik9w _14203 A.. scfa 3 ea (1'261-Gs t_ciz, qs-c--catenary • 49: 4__ • 1 . . . . . • l APPEALS BOARD MEMBERS �OSV�FR��CO ��O Gyp Southold Town Hall Lydia A. Tortora;,,Chairwom coan 53095'Main Road Gerard P. Goehringer ti Z P.O. Box 1179 George Horning Oy �.F Southold,New York 11971-0959 Ruth D. Oliva Chairwoman O ZBA Fax(631)765-9064. Vincent Orlando �a Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION DEC 1 2 2003 MEETING OF DECEMBER 4, 2003 y Appl: No. 5423 -JOHN AND KATHY CHESKA Southold 76wn Clark Property Location: 1300 Minnehaha Boulevard, Southold; Parcel 87-2-11. .SEQRA' DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of "the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 7,528 sq. ft. parcel has 72+- ft. along Minnehaha Boulevard in Southold, lot depth of 115.40 ft. along the southerly property line and !,,101.20 feet along the' northerly property line. The lot is improved with a one-story frame house and accessory frame garage, and accessory concrete slab structure, all as confirmed on the October 4, 1985 survey, revised January 20, 2003 by Peconic Surveyors, P.C. BASIS`'OF APPLICATION: Building Department's August 6, 2003 Notice of Disapproval, citing Section 100-244B, in its denial of a building permit application to construct an addition exceeding the node limitation of 20% coverage of this 7,528 sq. ft. lot. FINDINGS OF FACT The 'Zoning Board of Appeals held a public hearing on this application on November 20, 2003, at whicli'time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: . AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a 290 sq. ft. for a new addition for a total lot coverage of 23.23%. The dwelling contains 1022 sq. ft., garage 301 sq. ft., deck 136 sq. ft. for a total of 1459 'sq. ft. The total, with the new addition, will be 1749 sq. ft., confirmed on the plan issued 8/1/03 by DA Architecture. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1.. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the homes in the neighborhood are of similar size on similar small lot configurations. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's architect indicated that due to Page 2;December 4, 2003 Appl. No. 5423—J. and K. Cheska 87-2-11 at Southold medical problems in the family, the applicants are not able to put a second story on the existing dwelling. The only alterative to assist the family is to request an addition which will exceed the Code's 20% lot coverage limitation by 3.23% (243 sq. ft.). 3. Although the applicant's request is the minimum necessary, the relief requested is substantial, based on the size of the lot which contains only 7,528 sq. ft. 4. No evidence was submitted during the hearing or in the written record to indicate that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. Many of the homes in the neighborhood are of similar size on similar small lot configurations. 5. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the 8/1/03 plan prepared by DA Architecture. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Tortora, and Orlando (Vice Chairman). Absent was Member Hon i . This RRee of was duly adopted (4-0). Ruth D. Oliva, Chairwoman 12/12/03 Approved for Filing 24 --------------------------- CHAIRWOMAN OLIVA: Our next 25 application is for John and Kathy Cheska on Minnehaha Boulevard. We had already given you November 20, 2003 ---— - -- -- - 93 1 2 a decision to go do a second story, I do believe. 3 MR. RAGARABI: Yes, ma'am. Daria Ragarabi, John and Kathy can't make it. In 4 fact, they're on the American Institute of Beirut. They won't be available for a few 5 months. Originally, when I came before you 6 they wanted to create a second floor basically for the sake of a master bedroom suite. Since 7 that time Kathy has experienced a problem with her knees. It's become quite apparent that 8 she's going to need knee replacement, not in one knee but both knees, rather unpleasant as 9 you might imagine. So the whole second floor idea has been scratched. The house is still 10 small, still on a small lot. They still would like to retire there, many of the issues are 11 still the same, however, the stairs have become an issue. 12 So, in essence, as opposed to putting a master suite on the second floor, 13 we'd like to put a master suite on the first floor, scale it down just a bit. But the 14 nature of the house, the nature of the lot being the lot is about 7, 500 square feet; the 15 house is roughly 19.4 percent of that coverage, just about anything we do to the 16 house will infringe on the lot coverage. So what we've done is proposed adding a small 17 addition to the back, this way we can add the master bedroom. We can add additional bath 18 and provide some closet space that the Cheskas' can make 'use of. We have not 19 infringed on any of the side yards. We have tried to keep it as close to the rear yard as 20 possible. However, we are, I think it' s 3.3 percent over, I don't remember the number off 21 the top of my head, something along those lines, three percent over the 20 percent limit 22 and that's what we're here to ask for a variance for. 23 CHAIRWOMAN OLIVA: I realize it is a very small lot. It is a very charming i 24 house. You don't have too much to work with. Mrs. Tortora, do you have any questions? 25 BOARD MEMBER TORTORA: No. I remember the lot from last year, and you November 20, 2003 I 94 1 2 frankly, don't really have any other options. To your credit you will be meeting both the 3 side yards, and the rear yard, and it's a very modest addition, and you have absolutely no 4 problems with it. MR. RAGARABI: Thank you. 5 CHAIRWOMAN OLIVA: Mr. Goehringer. BOARD MEMBER GOEHRINGER: What did 6 you say the square footage of the house was presently? 7 MR. RAGARABI: I don't remember the exact, if I look on this I believe you 8 have this print as well. BOARD MEMBER GOEHRINGER: You said 9 something before in reference to square footage. 10 MR. RAGARABI: 19.4 percent. BOARD MEMBER GOEHRINGER: You said 11 something in reference to square footage. MS. KOWALSKI: That was the lot 12 size. BOARD MEMBER GOEHRINGER: That was 13 the 7,500. Can you furnish us with what the square footage is? 14 BOARD MEMBER TORTORA: Dwelling is 1,022, garage is 301 and the deck is 156, so 15 we're at 1, 459. BOARD MEMBER GOEHRINGER: Okay. 16 That's all I needed to see, thank you, I missed it. 17 CHAIRWOMAN OLIVA: Is there anybody here to speak for or against this 18 application? Yes, sir. MR. MATHIE: Ray Mathie, I 19 represent my wife, Joan Mathie. CHAIRWOMAN OLIVA: Could you speak 20 into the mike? MS. KOWALSKI: Could you please 21 spell your last name? MR. MATHIE: I'm Raymond Mathie, 22 M-A-T-H-I-E. My wife is Joan Mathie. We have no objection of seeing a place enlarged three 23 percent over the 20 percent. I think it's an improvement over looking at a two-story house 24 where we always used to look at one-story houses. We have a two-story house just to the 25 north of them going up now, and I'm planting white pines. This would make an improvement November 20, 2003 95 1 2 over that. I would like to see them remove the garage some day because it's rotting 3 apart. And put a shed up into the north corner behind my garage and clean up 4 everything, because the garage existing is rotting apart. The rain gutters are falling 5 off; the facia boards that hold the gutters are rotting out. I don't know why they keep 6 it. I don't think they have anything in it, but if they want a shed, put a shed behind my 7 garage, that's fine, the northwest corner. We have no objection at all. 8 CHAIRWOMAN OLIVA: Thank you very much, sir. Anybody else want to speak for or 9 against this application? Otherwise I'll ask for a motion to close the hearing and reserve 10 decision until later. BOARD MEMBER GOEHRINGER: So 11 moved. CHAIRWOMAN OLIVA: Second. All in 12 favor? (Whereupon, all Board members 13 responded in favor. ) ---------------------------------------- 14 CHAIRWOMAN OLIVA: Our last application. 15 BOARD MEMBER TORTORA: Second to last. 16 CHAIRWOMAN OLIVA: Second to last Mr. Pagano. Who lives on -- trying to build a 17 house on East Gillette Drive in East Marion, and he would need a front yard setback of less 18 than 35 feet. Yes, sir. MR. DENICOLA: Good afternoon, my 19 name is Pete DeNicola, here representing the 4Faganos. 20 CHAIRWOMAN OLIVA: Right. MR. DENICOLA: Basically we're 21 asking for a front yard variance of five feet, and the Paganos spent quite a bit of money on 22 designing this house, and I think it would be an asset to the community, the neighborhood. 23 It's got a lot of curb appeal and that neighborhood in particular has been subject to FORsM NOS. 3 NOTICE OF DISAPPROVAL DATE: August 6, 2003 TO: DA Architecture A/C Cheska PO Box 411 Southold,NY 11971 Please take notice that your application dated August 1, 2003 For permit to construct additions and alterations to an existing single family dwelling at Location of property: 1300 Minnehaha Blvd., Southold,NY County Tax Map No. 1000 - Section 87 Block 2 Lot 11 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7,528 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV Section 100-244B, which states, which states that non-conforming lots,measuring less than 20,000 square feet in total size, require a maximum lot coverage of 20 percent, following the proposed addition/alterations the lot coverage will be 23.23 percent. AUG 2 0 2003 ut zeL'2na ----' Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. C �� ` ' I t y • t �1�V APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:$ O(:�j Filed By: raj Date Assigned/Assignment No, `C J CHESKA, J & K(DARIO AGARABI) 5423 GG ADDN —LOT COVERAGE 1300 MINNEHAHA BLVD, SHLD 87-2-11 Parcel Location: House No. 1300 Street_n1PW6 RI-JQ Hamlet L vr,> SCTM 1000 Section u? Blocko ZLot(s) Lot Size �72� Zone District I (WE) APPEAL 7HE WRITTEN DETERMINATION OF THE BUILDING INS,PECTQR DATED: '1bl d3 _. - - AUG 2 0 2003 Applicant/Owner(s): �-+�1 $ �tj LNt� Mailing ,1 L 1�?t"::��� Address: Telephone: 63t o� 235e NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: 'i >ay) &A(1 k Deo, Address: Qc/ PAV_ ilk 9(xntx0 � 11,911 Telephone: c03i w5- 3qZb Please specify who you wish c espondence tb be mailed to, from the above listed names: ❑ Applicant/Owner(s) or Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ` /'t 102> FOR: V/Buiiding Permit. ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinange by numbers. Do not quote the code. Article )(,k 1 V Section 100- Subsection Type of4ppeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Cod ,Article Section A prior appeal Chas❑has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application `�_& Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an. adverse effect or.impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the varianc been self-created? ( ) Yes, or ( V) No. If not, is the construction existing, as built? (7) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.t!7 rwise lease proceed to the signature and notary area below. �') D Signature of ellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) J2Fay of . u ...., 2003. (Notary Public)^ � -- 0 J L�'<<` I, ,' 't',,,� YALM X MEYER *q Pubk 8aM d New ra:„ A U G 2 0 200ZBA 3 APP;9/30/02 N{D....011E50183y47 8--4-03 P.O. Box 411 Zoning Board of Appeals SoutholdNY11971 Town of Southold (631)765-3928 Cheska Renovation 1300 Nh-nnehaha Southold,NY 11971 ZBA Application—"Area Variance Reasons" (1) An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties,if granted,because: a) The one-story addition would be confined to the rear of the house, unnoticeable from neighbors along Nlinnehalia. b) The vernacular of the house will remain"cottage-esque"r the massing forms,architectural details,and exterior finishes will be consistent with those found within the existing house as well as throughout the neighborhood. (2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue,other than an area variance,because: a) The existing lot and house location do not conform to present day zoning requirements;the lot is undersized(7,528 sq.ft.)and the house is built within the front yard setback(205). Further,the present lot coverage is about 19.38%;any new foundation work would exceed the 20%rule. (3) The amount of relief requested is not substantial because: a) See#1,2, 4 (4) The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: a) No clearing,regrading,or contouring of site b) No wetlands,easement,or other"right-of-way"considerations on the lot c) All new work within height and setback requirements j C� AUG 202003 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subjeo premises listed on the real estate market for sale? 0 Yes 56 No B. Are there proposals to change or alter land contours? ❑Yes W9 No C. 1)Are there any areas that contain wetland grasses? Ov, 2)Are the wetland areas shown on the map submitted with this application? \. _ 3)Is the prppeerty bulk headed between the wetlands area and the upland build ig area? 4)If your property contains wetlands or pond areas,have qu contacted the office of the Town Trustees for its determination ofjurisdiction? � D. Is there a depression or slopVg elevation near the area of proposed construction at or below five feet above mean sea level? � (If not applicable, state"n/a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? 1101 (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? �0 If yes,please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? _If yes,please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel � Sl1n�Cf� and proposed use Sate Authorized ature and Date AUG 2 0 2003 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): 6*5V'A "wnvrora r 2,, 'ice,., .ASS I. If building is existing and alterations/additions/renovations are proposed.- A. Please give the dimensions and overall square footage of extensions beyond existing building- Dimensions/size: SEF P;G%l• j QOJ(,tfLx� 9%1 10 w Square footage: ?q(7 B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: I.I. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: III. Purp se and use of new construction requested in this application: ?'efj toe—Man-— IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 G AUG 2 0 2003 4 Please note:Further changes,after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. F APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees The purpose of this form is to provide information which can alert the Town of possible conflicts off interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: �"` r.6i > Dato rLYA NA (Last name, first name, middle initial,unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity. (when the applicant is not a corporation); -,' C)an officer, director, partner, or employee of the applicant; or a D)the actual applicant. p AUG 2 DESCRIPTION OF RELATIONSHIP oivt4'I Submitted � May of 4 �r Signature: Print Name: pCCO American Academy Of Beirut /�loP�! /h /9// .�lh/%nJ �cG�ti!)iv�G' Dart 7or✓��1� �Y � Y I Y_ r AUG 2 0 2003 Batrakieh,Karakol al Drouz, 16 Mohamad Lababidi Street Tel:(01)370782,(01)364989 Fax: (01)370782 E-Mail:americanacademybeirut@hotmail.com • o (ZG 8-4--03 P.O. Box 411 Zoning Board of Appeals Southold NY 11971 Town of Southold (631)765-3928 Cheska Renovation 1300 Minnehaha Southold,NY 11971 Dear Sirs: Attached you'll find the following material for the above named Board of Appeals variance application: a) Notice of disapproval dated b) Six copies and one original of the application c) Copy of written consent to act as agent on behalf of Kathy Clheska d) Six copies(reduced size)and one full size sketch of the proposed renovation e) Filing fee of$400 If y on have any further questions or comments,please feel free to contact me at the above address and number. Thank you for your consideration in this matter. Vend Truly Yours, Dario Agarabi, AUG 2 0 2003 N IL APPEALS BOARD MEMtst o6uthold Town Hall Ruth D. Oliva, Chairwoman. 53095 Main Road Gerard P. Goehringer P.O. Box 1179 Lydia A. Tortora Southold, NY 11971-0959 George Horning Tel. (631) 765-1809 Vincent Orlando Fax 765-9064 (alt. 1823) http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 12, 2003 Mr. Dario Agarabi DA Architecture P.O. Box 411 Southold, NY 11971 Re: Appl. No. 5423 —Variance (Cheska Property) Dear Mr. Agarabi: Enclosed please find a copy of the findings and determination rendered by the Zoning Board of Appeals at the December 4, 2003 Meeting. When returning to the Building Department for the next step in this building/zoning review process, please provide their office with an extra copy of the enclosed determination and, if applicable, the amendment to the maps to show conformity with the Board's decision. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 12/12/03 to: Building Department is �(�* ,' �$ { �`��� ���� z y:�... ■� ■�^■■ ■■■�■ � ' �irrli ■■■■■■■ dension Basement Floors dension Ext. Walls • dension Fire Place '• Porch Roof Type t Porch Rooms I st Floor -eezeway Patio Rooms 2nd Floor • ••- Y. Driveway Dormer i . 7- _ `/ TON OF SOUTHOLD PROPERTY RECORD CARD. AI-2-3 OWNER STREET \ � C , VILLAGE DISTRICT SUB. LOT FORMER OWNER N : E ACREAGE .200 .,Y-.0 ch c`® +!d S . W ,F TYPE OF BUILDING R� � Upr6e— C4 4 ` cz'151 ���I.IhPftCCICc�11►G1 Su 11 RES. SEAS. VL. FARM COMM. I IND. I CB. I MI�C. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS Ak mw a ua ..2 7 p 3 a c> AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD Tillable I BULKHEAD 1 Tillable 2 DOCK Tillable. 3 Woodland Swamplands Brushland House Plot Total J OFFICIAL USE ONLY CHESKA, J & K(DARIO AGARABI) 5423 GG ADDN—LOT COVERAGE Checklist for new projects: `1300 MINNEHAHA BLVD, SHLD 87-2-11 — CALL APPLICANT/REPRESENTATIVE FOR AVAILIBILITY LABEL: (4) INCLUDE NAME, AGENT, TM#, ZBA#, ZONE, MBR'S INITIALS, PROJECT, VARIANCE, ADDRESS —top/front fldr, checklist sheet, 1st pg. appl CTY TAX MAP 8 CPES — 2 W/NEIGHBORS CIRCLED AND #'S WRITTEN (1 FOR APPL. & 1 FOR FILE TO BE STAPLED TO RT INSIDE FOLDER p MAILINGS: INCLUDE COVER LTR, SIGN, AFFS SIGN PSTG & MLG, CHAP 58, LEGAL NOTICE - COPY OF ALL BUT AFFS & 58 IN FLDR RT ASSESSORS CARD PULL NOD FROM BD - 7 CPES — 1 ON FLDR RT SIDE INDEX CARD — MAKE NEW OR ATTACH /ADD ON TO OLD IF PRIOR RESEARCH PRIORS — INDEX CARDS, LASERFICHE, — 6 CPES OF DEC (1 RT SIDE FLDR) - CPE INDEX CARD, STAPLE TO INSIDE RT SIDE IN FLDR PB COORDINATION MEMO: ANY COMMERCIAL/SUBDIVISION PROJECTS include: ZBA app, NOD, & BD app S drive ZBA, memos INSPECTION PACKET: NOD, ZBA APPL, SURVEY, BD APPL, ASSESS CARD, CTM, ALL OTHER CORRESPONDENCE SOIL &WATER LTR: PARCELS ON LI SOUND COUNTY PLANNING LTR: for parcels located within 500' of RT 25, CR 48 or bay, sound, or estuary. Enclose ZBA app, decision, survey/map & NOD UPDATED: NEW INFORMATION: A�lQc .l SG WAM � COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING December 29,2003 Town of Southold Zoning Board of Appeal Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Droege,Madeline* 5186 Schlussel,Murray(Estate of) 5259 Rubinow,Laurence and Betty Ann 5386 Brown, Karen 5411 Forchelli,Jeffrey 5418 —Cheska,John and Kathy 5423 Sogoloff, Dimitri and Helen** 5426 Rodin, Charles and Barbara 5433 Pagano,Joseph 5434 *Appears inappropriate as sufficient information has not been submitted to demonstrate compliance with applicable variance criteria. **Premises should be encumbered by appropriate developmental restrictions,particularly as set forth by the Z.B.A. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G:ICCHORNYIZON I N G%ZON INGIWORKINGILD20031DECISD5186.D EC LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 61 00 ■ (5 1 6)853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6)853-4044 APPEALS BOARD MEMBERS - Southold Town Hall 53095 Main Road Ruth D.Oliva,Chairwoman P.O.Box 1179 Gerard P.Goehringer Southold,New York 11971-0959 Lydia A.Tortora Telephone(631)765-1809 George Horning ZBA Fax(631)765-9064 Yincent Orlando http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD December 22, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following decisions, applications, surveys, tax maps, building disapprovals, and related information for review pursuant to Article XIV of the Suffolk County Administrative Code; within 500 feet of: R— STATE OR COUNTY ROAD W —WATERWAY (BAY, SOUND, OR ESTUARY) B — BOUNDARY OF EXISTING OR PROPOSED COUNTY, STATE, FEDERAL LAND ZBA NAME ACTION REQUESTED R W B 5186 DROEGE, M ACCY WIND TURBINE — LOC. & HEIGHT X 5259 SCHLUSSEL, M NEW DWELLING — FRONT SETBACK X 5386 RUBINOW, L ADDITION — FRONT YARD SETBACK X 5411 BROWN, K ADDITION — SIDE YARD SETBACK 1XI 5418 FORCHELLI, J ADDN — SY SETBACK & LOT COVERAGE X 5423 CHESKA, J ✓ ADDN — LOT COVERAGE X 5426 SOGOLOFF, D DECK— BLUFF SETBACK X 5433 RODIN, C 2 STY ADDN — FRONT PROP LINE SB X 5434 PAGANO, J NEW DWELLING — FRONT YARD SB I 1XI If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Jess Boger Enc. cc: ZBA Staff D R pR ET N /.0 F ` R:IC��R S pRIET4N N. p0 stK c� o 141. .20 o WARE FNGE y e{�.a.2� , ` .10- e u E PoST a = 80 oo 9 SURVEY OF ,PROPERTY os — 2« Z AT SOUTHOLD v� 2m TOWN -OF SOUTHOLD, CoNC. c'.f•+. .. �a� Nt7► Z SUFFOLK COUNTY, N. Y. w 1000 - 87 - 02 - 11. . , 'O 1 3Q-3 8•Q $. SCALE.- 1" = 20' OCT. 4, 1985 Z. o c.E. N JAN. 10, 2003STY ' Z Z w 1 z 0 30-3 g, 860Uc C tooURD • eN W000 - .D DES- 0.S.S {.c. c z D► . o' .O . GARASE 40 0 #Wao0_o Y_ gEL S BARR w_ m.. ; a .S• 80 0 53'30 L $t W. ISA N/O �f �0H fc.o�E qM WqY • - WAG W . N Fyn j, CERTIFIED. TO: �'� ��z.MFT2 ©�P� ANY ALTERATION, OR.ADD/TION TO. THIS SURVEY ISA VIOLA TION z OF SECTION-•7209 OF THE NEW YORK STA TE EDUCA TION LAW.. COMMONWEAL TH"LAND TITLE EXCEPT AS.PER SECTION 7209 - SUBDIVISION ALL 'CERTIFICATIONS C l _ :` ,.. �,N•,,;: , , 'HEREON-ARE VALID'FOR.T 2 INSURANCE COMPANY AND MAP COPIES THEREOF ONLY IFw TITLE NO. 487 - 501 - S p :`�}t� •Y IC. NO. 49618 :SAID:MAP-FOR COPIES BEAR.THE IMPRESSED SEAL OF THE SURVEYOR 9 WHOSE SIGNATURE APPEAR&HEREON. A U G 2 0 2003 ECO !r � EYO ADDITIONALLY TO\COMPLY WITH SA%D LAW:TERM' ALTERED BY.' I f63/1 ,� 2io 1 765 - I797 MUST BE USED BY:ANY AND ALL SURVEYORS UTILIZING A COPY P. 0. B SAND . OF ANOTHER SUI�GEYOR'S MAP. TERMS SUCH,'INSPECTED 'AND 1230 TRA REST 'BROUGHT: TO DAyTE 'ARE NQT W C.OMPLIANCE W/TH THE LAW. -�"' "'- SOUTMOLDO N.Y. //97j 85 - 340 10:10 a.m. .CA_RL AND amended August 4, 2003, con- ELENA PATCHKE#5428.This cerning proposed new deck con- is a request for a Variance under struction at less-than 100-feet Section 100-33, based on the from the top of the Sound bluff COUNTY OF SUFFOLK Building.Department's June 27, or bank, at .1305 Soundview-.2003 Notice :of Disapproval, Avenue Extension, Southold; STATE OF NEW YORK ss: concerning the "as built loca- Parcel50-2-18.1. Lise Marinace, being duly sworn, says tion" of the hot tub structure in . 1:20 p.m..MARION ONE,,an area other than a required #5420::T that she is the Legal Advertisinghis is a request fora Coordinator, of the Traveler Watchman, rear yard, at 95 Shore Lane, Variance under Section. 100- Peconic;Parcel.86-1-4.17. 30A.3; based oh-the Building a public newspaper printed at Southold, 10:20 a.m. H ARD AND Department's February 21,2003 LISA DAVIDO F #5424. This Notice of Disapproval, for the in Suffolk County; and that the notice of is a request for a Variance under reason that the.proposed addi- which the annexed is a printed copy, has Section ding Department's based on ti.on will exceed the maximum been published in said Traveler the Building Department's'June. 20,2003 Notice of Disapproval, Applicantproposcode limitatiO4 of 2 2 stories a concern' a Watchman once each week g proposed swim- cupola.for accessible space; at for... ming pool at less than 75 feet 360 Ruch Lane, Southold; week( ,successively, from . bulkhead at 1015 Parcel 52-2-22. (� Kimberly Lane Southold; Commg o . the.................day of Parcel 70-13-20.6 1:30 p.m. JOSEPH AND l��!?�s , 2003. DANIELLE HELINSKJ#5430. r 10'30 a.m. CHARLES AND This is a request for a Variance BARBARA RODIN. #5433. under Section 100-242A;based ��J� This is a request.fora Variance on the`Buildin De `�`�/ '�.•.• under Section 100-30A.3,based Au g Partment's on the. Building, Department's- Disapproval, concerninjee of August 8, 2063 Notice of h pro- Disapproval posed additions at less than 35 amended feet from C e.front property line // September, 8, 2003; concerning at 42300 C:R. 48.(a/k/a Middle Swo n to before me this.6 ....day of a proposed second-story addi- Road or North Road),Southold; tion and alterations at less than Parcel 59-4-2.3. . •..J �.�� 2003. 50 feet from-the front property 1:40 - p.m JEF_REy � line, at 70 Strohson- Road. FORCHELLI #5418. This is a Cutchogue; Parcel 1.03-10-16. request fora Variance under c 10S a.m. J & C HOLD- Section INGS, Contract Vendee Building Department's April on the (Owner:Doll)#5419.Applicant Buil Notice t nt'sDisapproval,. 17, Notary Public requests 'Variances .p under amended'August 4;2003 r con'- Sections 100-30A.3 and -100- cerning a proposed addition at. 239.4A, based on the Building . less than 10 feet on a single side Department's November 7 Emily Hamill 2002 Notice of Disapproval, jn exazjs of theth oeodlot coverage e limitation NOTARY PUBLIC,State of New York amended August 6, 2003, con- of-20%,. at-405 Lake Drive, No.O1HA5059984 cerning a proposed location of a Qualified in Suffolk County new dwelling with setbacks. (a) Southold; ld;Parcel 80-3-16. Commission expires May 06,2006 at.less. than 50 feet from:the LYDIA DEFER#54LAS 8 This CDs front property line and (b) less a 0-244B;based on the request for,a Variance under from than 100 feet the top of the Section 10 Sound bluff, at 590 North View Building Department's August with an existing .single-family Drive, Orient; Parcel 13-1-5.1. . 25; 2003 Notice of disapproval, dwelling.Location of Property: 10:50 a.m. RICHARD and amended September .3, 2003, 855 -New Suffolk. Avenue, NANCY CIIVCOTTA #5422. amendeda Mattituck. Applicants request a Special o concerning' Proposed front The:Board-of Appeals.will Exce tion under.Section 100- Porch entry exceeding 30 sq. ft. hear all.persons; or their repre- 30B�1) to establish an In size; at less than 35 feetfrom. sentatives, desiring.to be heard Accessory Bed.and .Breakfast the.front property line,-at 1165 at each:hearin and%or desiring incidental to their their-,ownership Cedar Point .Drive to.submit. g' West,.. =�-�tatqments and residence of the existing S 2 001d''Parce19.0-1=3. before the conclusion of each single-family home for lod in p.m. JO_)_AND hearing. Each hearing will.not and serving of breakfast-to not js a request fo aXVariance under g more than four(4) casual, tran- start: earlier, than .designated sient roomers, at 26815 Main Building De above:-.Files.are'. :for Section 100-244B,based onthe review during business;hours.If Road, Cutehogue;Parcel 109ai g " p�ent's.August you have. questions; please do 15. 6, 2003 Notice of Disapproval, concerning a pro osed addition not hesitate to;,call (631):765- 11:00 a.m. - ALTE p 1809.... ,. ._ . 'TEERESKO #5429. This is a 20% Dove age of this i Szg sqf request for a Variance under ft. lot, r e of is 7 5e8aha Aated:.Octobea,.0 2003. .. Section100-235A,based on the . Boulevard,Southold;Pajcel:87- Ruth:D:Oliva,.Chairwoman BuildingDe Southold Town Board of parhrjent's August 2-11. Appeals 5, 2003 Notice of Disapproval, 2:10 P.M. JOSEPH PAGANO for the reason that a new By Linda Kowalski dwelling is not permitted when #5434. This is a request fora 1X 11/6/03 (022) the lot does not have direct Variance under. Section. 100- frontage or access to a public 244, based on' the .Building street in accordance with Town DePartmeiit's July 16, 2003 Law Section 280-A; at 1677 Notice of Disapproval. New Suffolk Road Cutchogue; Applicant proposes a new. Parcel 1'08-7-7.2(formerly. 5-.2). dwelling with a front yard set- 1:00 p.m. K:AREN BROWN back at less.than 35.feet,at 1345 5411. This`is a request for a East . Gillette, ;Drive, East ✓ariance under Section 100= Marion;.Parcel38=4-21. . :44, based; on the Building 2:20.paii. RAYMOND NINE )epartment's July 15,= 2003 '#5435. This-is:'a request for a fOtiCe. of Disap'proval. Waiver of Mergdnpurua Lpplicant proposes-addition(s) nt.to Section 100=26 based sud the .the existing.dwelling at.less Building''Deparfjrent's August. ran l'0 feet on a. single side 25 2003 Notice meet's ard, at 1300'Founders-Path pproval outhold;Parcel 64-4-6. amended'September 8;2003;to 1 10 P.M. DIMITRI AND unmerge,; the ,:soutliviw:esterl ELEN So GOLO 20, 22 s� ft -----_FF #542;6 UE �,I U Porttoji �f CTM fus js'a request fora:Vanainee � �2Z 1, $rp�oset arcel lder Section 400`-=234 4A %,-from the re ISM' 1 :on ` -the` jBurldlrig posed'Parcei,Ao g�4 ,5 prg' epartment's"=Decemfi`er� '20j a q ft' 102 Notice; of.Disapproval, See Legals next r F :,page,. a LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 20,2003 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, NY 11971-0959, on Thursday, November 20, 2003, at the time noted below: 2:00 p.m. JOHN AND KATHY CHESKA #5423. This is a request for a Variance under Section 100-244B, based on the Building Department's August 6, 2003 Notice of Disapproval, concerning a proposed addition exceeding the code limitation of 20% coverage of this 7,528 sq. ft. lot, at 1300 Minnehaha Boulevard,Southold; Parcel 87-2-11. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: October 28,2003. By Order of the Southold Town Board of Appeals. N u- Tl ( . E UF HERRING A public hearing will be held by the Southold Town Appeals Board at Town Hall, 530.95 Main Road, Southold , concerning this property APPLICANT: CHESKA, J & K - 5423 TAX MAP #mE 87=2=1 7 APPEAL: VARIANCE - LOT COVERAGE PROJECT: ADDITION TIME & DATE . - THURS. NOV. 26`x2 :00 PM If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of Sam and 3pm . z() V1Prlv BOARD •Tr)11W1N () F QOUTHOLD • 631m765w1809 _ 10 51DE YARD 5ET13ACK N 0O 52 001, l • ,.. •' �- Q twos `� -` © NO % 50 -O" 0 � �•• kl'. S POST OFFICE BOX 411 20 N� • q'-10" ,� ` NEW I LGO SOUTHOLD, NEW YORK 11971 FOOTPRINT AREA �o Do R5 ` ( 6 3 1 ) 7 6 S - 3 9 2 8 LOT -1,528 Z, '�' �e DA ARCHITECTURE 2003 EXISTING N •• PROPOSED 9 EXISTING �, I DWELLING 1,022 ONE STORY = DWELLING 6 GARAGE 301 O, ADDITION .6 /< ;,,,...,� ,,;;: : DEC,K 136 0 •`�s> � �S LLLLL TOTAL 145ci •' NEW 3�,_I„ N \ I NEY�I MAST UP ADDITION 265 EXISTING BATH " , BILGO DOORS 25 _ DECK EXISTING L L�8-0 x 6 O _ 0 TOTAL 1,-74ci Q , 1 DRIVEWAY EXIE)TING + ; ---- GOVERAGE 25.23% GARAGE NO WORK _ O, NEW MASTER o Lon EXISTING BEDROOM LYLLLLLL LIVING ROOM il y CATHEDRAL CEILING LNEW BATH— NO WORK L IS'-O" x 5'-O"L SITE PLAN L L L L LA 1"=20'-0" _ z EXISTING SUN ROOM SITE FLAN NOTES: NO WORK I. SUFFOLK COUNTY TAX MAP DATA: 1000-05'1-02-011 2. 517E INFORMATION TAKEN FROM MAP BY: REF PECONIG 5URVEYOR5 4 ENI6INEER5, P.G. i i NEW 54655 MAIN RD. GLOS 50UTHOLD, NY i 1a71 I I f(o31) 165-5020 �I WALK-IN II EXISTING EXISTING DATED: 1/10/03 ,I GLOSS I, BEDROOM KITCHEN 1 f i -t'-6° x a'-a° I No WORK � 7 I EXISTING t GARAGE EXISTING NO WORK I DEGK NO WORK Ay 51DE YARD•5ETBAGK o PROPOSED FLOOR PLAN 1/4"=1 LEGEND � M Q EXISTING G0N5TRUGTION e� NEW CONSTRUCTION INTERIOR PARTITIONS TO BE 2" x 4" NO. 5TUD5 ® 16" O.G. W/ 5/8" PTD. GYP. BD. BOTH SIDES DRAWING: EXTERIOR WALL5 TO BE 2" x 6" M. TOP_OP EXISTING RIDGE STUDS ® I6" O.G. W. 5/8" PTD. GYP. BD. ON INTERIOR FAGE, R-Ia BATT PROPOSED PLANS ELEV ELEV. la'-V' +/- (EXIIST) IN5ULATION, AND #1 GRADE RED GEDAR 5HIN6LE5 OVER 5/8" GDX PLYWD OVER STUDS ON EXTERIOR FACE. SCALE: AS NOTED ISSUE: 8/1/03 BLDG. DEPT. �0 SUBMISSION WINDOW HEADER c0 : �0 FINISHED Ist FLOOR ELEV. 2'-T" (EX15T) GRADE ELEV O'-O" NE1N EXISTING DRAWING NO. PROPOSED REAR ELEVATION 1/4"=V-0" OF TOWN OF SOUTHOLD BUILDING PER, APPLICATION CHECKLIST r Burr DING DEPARTMENT. Do you ha�c�oi need the following,before applying TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to. Disapproved a/c Phone: Expiration ,20 _ ISAPPROVAL .........._____________::_ , . . i_,,, F: 5 rn r . Building Inspector 1 , — 2003 L ;i a; .i APPLICATION FOR BUILDING PERMIT if TQC,"i.0: ' :).— .L 2 i DateAU() 20 63 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a 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 what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building-4one 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 building for necessary inspections /(Si tore of applicant or name,if a corporation) .0. 1l ZEIi 5w{nt,(> 1,1t-{1,1t-{(Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder AQC,6.0 rt-r- Name of owner of premises 'p-4 6 �.4-1,1- C41,65r.- (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street l Hamlet County Tax Map No. 1000 Section ., • .:,44 Subdivision �� Block OZI, _ : Lot I V Filed Map No . Lot (Name) :.. — L State existing use and,occupanuy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy gCStD�LT+ost— b. Intended use and occupancy ‘--Ar-oz.-_, 3. Nature of work(check which applicable): New Building Addition `✓ Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars — 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. ' — k:f , `� Z`S-041— Depth X.) -0 47. Dimensions of existing structures, if any: Front �fi-,,L,4_/ ,-,,,c Rear p (- Height [tel -°v 41— Number of Stories ( Dimensions of same structure with alterations or additions: Front 1-2.2-4e qRear trj"v+1' Depth x'"1`-(15'4/ Height 6'-'6"(- Number of Stories ( 8. Dimensions of entire new construction: Front ' Rear Depth 1 -kC) �(_ Height [5 'V {(— Number of Stories ( 9. Size of lot: Front 0�• Rear t.63( Depth lD\ .ZO ` 10. Date of Purchase Name of Foillier Owner 11. Zone or use district in which premises are situated e•-k0 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ✓ NO 0 ASA AV 6 13. Will lot be re-graded? YES NO /Will excess fill be removed from premises? YES NO 14. Names of Owner of prewises Pc CiiMt(. Address I. t1i s.►. r c4A Phone No. Name of Architect i t T L c, Address p6) ')41( ci-N-t Phone No /(05-'397,°)Name of Contractor Address( Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO V * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO V * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) )46044446265 `)% `k t> j(-),e k being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the ((2,c,vtl ,c-i X f l /(Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swornno before me thjfs , I ,-, day of .j.i-- 02Gr . } /� �} • ` �' f Notary Public Signature of Applicant LYNDA M. BOHN NOTARY PUBLIC, State of NeW Yppk No.01 B06020932 Qualified in Suffolk County Tbrm Expires March 8,204.„.4-- I�,• guFF04 ELIZABETH A.NEVILLE ����°�` ®4 • Town Hall, 53095 Main Road TOWN CLERK �� ® P.O. Box 1179 Z Southold New York 11971 REGISTRAR OF VITAL STATISTICS44,$ Fax(631) 765-6145 MARRIAGE OFFICER / Telephone(631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER =®'` �a," southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATED: August 22, 2003 RE: Zoning Appeal No. 5423 Transmitted herewith is Zoning Appeal No. 5423 of Kath & John Cheska by Dario Agarabi d/b/a DA Architecture for a variance. Also included is: letter of transmittal dated 8/4/03; letter of authorization; Project Description; ZBA Questionnaire; Applicant Transactional Disclosure: Short Environmental Assessment Form; Notice of Disapproval dated August 6, 2003 with building permit application; survey and plans. Town Of Southold P.OBox 1179 ..outhold, NY 11971 * * * RECEIPT * * * � d I S Date: 08/22/03 Receipt#: 1312 Transaction(s): Subtotal I 1 Application Fees $400.00 Check#: 1312 Total Paid: $400.00 �h I r. I FE I s 4,. 4, 4,2ti Ll 3 1 I I a i a Name: Cheska, John & Kathy 1330 Minnehaha Blvd j L Southold, NY 11971 I I < Clerk ID: LINDAC Internal ID.81326 lV 'Y. U.S. Postal Service,. o CERTIFIED MAILTM RECEIPTr ...o (Domestic Mail Only;No Insurance Coverage 1-,__,/ded) For delivery information visit our website at www.usps.coms m i}tHla _1 A [ A L U 3 Ill m Postage $ 0.37 UNIT IU: 0971 CI Certified Fee 0 2.30 0 Return Reclept Fee 1.75 P Here (Endorsement Required) 1 Restricted Delivery Fee Clerk: KKQQRO rR (Endorsement Required) O Total Postage&Fees $ 4.42 11/12/03 m I=1 Sent To %)<IA 1 Ny (..A l.%1 P- Street,PO Apt No �n` T �� or PO Box No. "IU (� AN1F City,State,0P+4 `()uPOL-O I("1 ',„ l i° 11 PS Form 3800,June 2002 SeelReverse for Instructions U.S. P8stal ServceTM Er Er- CERTIFIED MAILTM RECEIPT u-J (Domestic Mail Only;No Insurance Coverage �,,T, ed) IT' For delivee�yryinformation visit our website at www.usps.com® m m !,o x tiF'i€io51 AL U S E ru m Postage $ 0.60 , UNIT ID: 0971 O Certified Fee 2.30 Return Reciept Fee 1.75 Postmark (Endorsement Required) Here O Restricted Delivery Fee Clerk: KKO(RO r9 (Endorsement Required) 0 Total Postage&Fees $ 4.65 11/12/03 m p Sent To zTN Street Apt NHalf; rkif-,Y7 or PO Box No. be E't..&I.I avt City,State,ZIP+4 1146. .Elzva, 11 t l% PS Form 3800.June 200 See Rev•rse f.r Ins r i.n U.S. Postal Service,. CERTIFIED MAILTM RECEIPT u) (Domestic Mail Only;No Insurance Coverage Pr.__4ed) For delivery information visit our website at www.usps.comv r9 1774 n n RJ m Postage $ 0.60 UNIT IU: 0971 1-9 Certified Fee 2.30 Postmark Return Reclept Fee 1.75 Here (Endorsement Required) 0 Restricted Delivery Fee Clerk: KKOORO r9 (Endorsement Required) 1-9 Total Postage&Fees $ 4.65 11/12/03 m im Sent To 1�\ IL 4. 1` 'Street Apt No.; or PO Box No. I�t�j� lL{ City,State,ZIP+4 t / _-• \ 1 1 PS Form 3800.June 2002 See Reverse for Instructions U.S. Postal Servicem, _ r%i.lCERTIFIED MAN, RECEIPT ...D (Domestic Mail Only;No Insurance Coverage Pr,„_. ed) tT' For delivery information visit our website at www.usps.comv ru mPostage $ 0.37 UNIT ID: 0971 r1 Certified Fee 2.30 Postmark fm Return Reclept Fee 1.75 Here (Endorsement Required) Cl Restricted Delivery Fee Clerk: KKOGRO r9 (Endorsement Required) Total Postage&Fees $ 4.42 11/12/03 m O Sent To � �� N Street, Box No.No.; .� l✓"? `,-y 3 1 NtHbl.IYa. City,State,ZIP+4 PS Form 3800,June 2002 c--Reverse for Instruction U.S. Postal Service,. CERTIFIED MAILTM RECEIPT f .L (Domestic Mail Only;No Insurance Coverage Pr,..ded)rr For delivery information visit our website at www.usps.corn® m U E �l�FIFFIRYfY 17$8r EA m nJ Postage $ 0.64 UNIT ID: 0971 a Certified Fee 2.30 D Postmark D Return Redept Fee (Endorsement Required) 1.75 Here " 'Restricted Delivery Fee Clerk: KKQQRO rR (Endorsement Required) D r 4.65 11/12/03 Total Postage&Fees $ m D Sent To D G M iVUl Uk5 ll( � �r- N rr ,apt No.; ^ oPO `� S or PO Box No. ` t City,State,ZIP+4 t 116i) U.S. Postal Service,. CERTIFIED MAILTM RECEIPT u-) (Domestic Mail Only;No insurance Coverage Pi.— ed). a- For delivery information visit our website at www.usps.cor a rq NAcSIAPFIUAFNi G50 AL USE ru m Postage $ 0.60 UNIT ID: 0971 1-9Certified Fee 2.30 rk Return Reclept Fee 1.75 PostmHere (Endorsement Required) O Restricted Delivery Fee Clerk: KKQQRO r9 (Endorsement Required) Total Postage&Fees $ 4.65 11/12/03 m OSent To GlAl-k. Jt/w1s„G oN r PO Box No. 6 1 lArro,4 ,�"„ti crty,ware,z/P+a �� ��� A . 4 • NOV 1 2 2003 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEWYORK • ------------------------- x In the Matter of the Application of AFFIDAVIT j)(4. 6 1\-A9A5t �S �`-� OF (Name of Ap licants) MAILINGS CTM Parcel - Z - t t • COUNTY OF SUFFOLK) STATE OF NEW YORK) pg I, bxv.0 41-411./15k . Uaeyc.ra, residing at kr a1 `t-1 1. ,,ik-wr .1 'Li> , New York, being duly sworn, depose and say that: On the It. day of Nook•4''a9Z- , 200 I personally mailed at the United States Post Office in , New York, by CERTIFIED • MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal • Notice in prepaid envelopes addressed to current owners shown on the current • assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of-record, surrounding the applica 's pr�fr'erty. wi (Signature) Sworn to b fore ane his • 19. .ay of OWW0 • , 003 j.e Lib (Notary ' .DOROSIO • Notary •ublic,State Of Newt)* No.01D06095328,Suffolk *,I1 PLEASE list, h i*I1 affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • • • • , • NOV 1 2 2003 ZONING BOARD OF APPEALS - -ITEOWN OF ------ x In the Matter of the Application of >tic) 1\640).)t pb -�r> AFFIDAVIT C 5\ I OF SIGN 414(1me of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as • 1000- b1 - 2 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, tR,u,\ 492 ` C►kEstA residing at Isco OaA11A"tAraN4 (2:1„ k- , New York, being duly sworn, depose and say that: -►h • On the (0 day of 6,145E,2 , 2003, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property,located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;*and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be ( ' nature) Swo n to befor9 me Vs,. ( `—day of Q1/416W1200 . it.) • (A.A. (Nota rI •0:J.DOROSRI Notary Public,State Of New York No.01D06095328,Suffolk C ity *near the entraPiP' rarfm rance of my property, as the area most visible to passersby. 4. t a ,' . Page 2—January 9,2003 ," Appl. No. 5226—John and Kathy Cheska • 5. There is no evidence to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood or district. With the proposed new construction remaining in the same setback, and there being no new clearing of the site necessary,there will be no impacts created to the surrounding community. • RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Tortora,and duly carried,to . GRANT the variance as applied for,and shown on the plan prepared by DA Architecture 11 _ last dated 9/16/02, and survey prepared by Peconic Surveyors, P.C. October 4, 1095 (also updated January 10, 2003 as requested by the Board at the December 12, 2002 hearing for the record). Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Homing of Fishers Island was absent. I' Resolution was duly adopted (4-0). Lydia A.Tortora, Chairwoman 1/ /03 • 77 VO 1 aND 1I�, ;t 5 - R E s E _ _ " Fs g/2- o3 goo= �R J °°R'it& ;� :,- til A :,e , • :-"*:•ell \ k clerk, ovva'".... o tiGi"rt.,... ` . i. ! • APPEALS BO RD MEMBERS �Jsc� /r` ,• -` - L y ',�O� �•�•1111111� Southold Town Hall c4Lydia A.,Tortora,Chairwoman ; a 53095 Main Road Gerard F. Goehiitger ; y ; P.O.Box 1179 • ;' George Horning O • ye��' Southold,New York 11971-09 0 Ruth D.Oliva , �lja Q• 10 ZBA Fax(631)765-9064 f - Vincent Orlando =,' ;.�'` Telephone(631)765-1809 http://southoldtown.northfork-net BOARD OF APPEALS TOWN OP SOUTHOLD • FINDINGS, DELIBERATIONS AND DETERMINATION MEETING QF JANUARY 9,2003 • Appi. No_5226 JOHN AND,KATHY CHESKA Property Location: , 1300 Minnehaha Boufeybrd,Southold 1000-87-2-11 SECRA:IDgTER JMINATIONt_The•,.Zoning.,:Board of Appeals has,visited the property under • cdnsider`ation.in this'application and deteriniries-that this review,-falls under the'Type II category of the'State's'List. of Actions; without an adverse effect on- the environment if the project is Implemented aa;plaruied:,•, • . PROPERTY ,FACT 1DESSRI'f`ClaN:, Applicant's property has 72+- ft. along Minnehaha •Bou1evraxd in Scntjiold,lot depth of 115:40 ft tilting the southerly property line and.10120 feet• along the northerly',property line.' The lot is.,improved with a one-story frame house and ,acc;essory tame`gpf,a0,4:,ajld•accessory concrete slab structure, ail•as confirmed on the survey prepay,ed byl?egnio fveyors ,;P:C,,updated January 1-0,2003., - BASIS OF.APP iC/TIONr.Building Depaitrtient+s August 26,2002 Notice of Disapproval for the reason at•ttie;'pra ;osett second:steiy.actditipns are less Nit 35feet from the front property line. • • FINDINGS.OF FACT ' The,Zoning Board of,Appeals held a public hearing on this application on December 12,2002, at which:time,written and,oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property, and other'evidence, the Zoning Board finds the following facts to be true and relevant: • • AREA VA€'i.1ANCE;RELIEF REQUESTED`'Variances are requested under Section 100-244B for the proposed secend-stoiy addition at 20.5 feet from the front lot line, at Its closest point. (For 'testimony and.reiaieif information, please refer to the hearing record.) REASONS FOR BOARD ACTION : On the basis of testimony presented, materials submitted and personal inspections;the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The new Improvements, as proposed,. do not extend beyond the existing footprint. This design is similar to those existing in this residential community. 2. The benefit•sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an 'area variance. Due to the undersized lot size and limited side yards,this is a suitable plan for not expanding beyond the original footprint. 3. The requested variance is minimal and the front yard is preexisting at 20 ft.5 inches. BOARD OF APPEALS Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, NY 11971 111111111 11111 TO . P63 q(' r (( 7 ( -- OFFICE OF ZONING BOARD OF APPEAL 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 October 28, 2003 • Re: Chapter 58— Public Notice for Thursday, November 20, 2003 Hearing(s) Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Between November 3rd and 10th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street, railroad tracks or right-of-way that borders your property (please see revised Town Ch. 58 enclosed). Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before November 10th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) If you need a replacement poster, please contact us. 3) Before November 10th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, when possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By November 18th, please file your Affidavit of Posting with our department to show proof that the sign has been posted at least seven (7) days. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff